rfq no: dkmm900498 dtd 22.11.16 due on 15.12.16 · pdf fileitem: high temperature oxygen...

RFQ NO: DKMM900498 DTD 22.11.16

DUE ON 15.12.16

ITEM: HIGH TEMPERATURE OXYGEN ANALYSER

PROJECTS:

NTPC NORTH KARANPURA (3X660 MW) STPP

NTPC TANDA (2X660 MW) STPP

CONTENTS

1. PURCHASE SPECIFICATION PAGE 2‐13

2. SPECIAL COMMERCIAL CONDITIONS PAGE 14‐18

3. INSTRUCTION TO BIDDERS PAGE 19‐26

4. GENERAL COMMERCIAL CONDITIONS PAGE 27‐49

5. E‐PROCUREMENT GUIDELINES PAGE 50

NOTE:

LAST DATE & TIME FOR TENDER SUBMISSION IN EPS PORTAL : 15.12.16 UPTO 13.00 HRS.

DATE AND TIME OF TENDER OPENING IN EPS PORTAL : 15.12.16 AT 13:30 HRS.

Contact Person at BHEL EDN Bangalore:

1. Ms. D.Kanimozhi: Sr Manager (CE-MM-PR) Ph: 080-26998842, Mob: +91 9972060369

Email:[email protected]

2. Mr Ashish Manjhi.: Sr Manager (CE-Engg/BPE) Ph: 080-26988922, Mob: +91 9449869641 Email:[email protected]

REF.: CE/416/HT O2/OT-1

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CUSTOMER : NTPC PROJECT : NORTH KARANPURA 3 X 660MW STPP TANDA C&I 2 × 660 MW) STPP

PURCHASE SPECIFICATION FOR

HIGH TEMPERATURE OXYGEN ANALYZER

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REVISIONS: 00 APPROVED BY

ASHISH MANJHI PREPARED BY

RAJESH L

ISSUED

416

DATE

05/07/2016

6063268

New Stamp

6063268

New Stamp

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CONTENTS

SECTION

DESCRIPTION

PAGE NO.

A GENERAL INSTRUCTIONS TO BIDDERS 03

B PRE-QUALIFICATION REQUIREMENTS 04 – 05

C SCOPE OF SUPPLY 06-07

D TECHNICAL REQUIRMENTS 08-10

E PRCING SHEET 11-12

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SECTION- A

GENERAL INSTRUCTIONS TO BIDDERS: All required documents against this Tender/Specification shall be submitted in English only. Introduction: Bidders are required to offer High temperature oxygen analyzer in Power Plant applications. In order to accept the Technical offers / proposals from Bidders for the project mentioned in this Specification (refer Sections C & D), certain Pre-qualification criteria are required to be met by Bidder. Pre-qualification requirements are clearly mentioned in Section-B AA of this Specification. Bidder to read the same carefully and submit the details required for BHEL’s acceptance. In case Bidder does not submit the compliance to Pre-qualification requirements, their offer will be summarily rejected and Bidder’s Technical offers will not be evaluated. Evaluation methodology: BHEL shall initially open Bidder’s PQR documents only as per Section-B of this specification for review & acceptance. Only after acceptance of PQR documents, BHEL shall open Bidder’s technical offers for evaluation. Commercial bids of only accepted/approved Bidders by End users/Customers, shall be considered by BHEL for further processing. Bidders are required to submit offers as detailed below: aa. Documents pertaining to Pre-Qualification requirement (Cl AA of Section B of this

Specification) shall be in a separate cover / soft-folder with reference no. “Cl AA of Section B” marked on it.

bb. Documents pertaining to Pre-Qualification requirement (Cl BB of Section B of this Specification) shall be in a separate cover / soft-folder with reference no “Cl BB of Section B” marked on it.

cc. Technical offers/proposals for the Project, whose requirements are mentioned in Sections C &D will be submitted in a separate cover / soft-folder with Project name & Reference marked on it. Note 1:-Whenever required during evaluation of PQR and Technical offers/bids, vendor is required to be present at BHEL Electronic Division, Bangalore, for discussions. Further in the event of order, during approval of the vendor documents by End users/Customers, vendor shall accompany BHEL representative for discussions. Note 2:- Deviations (if any) shall be discussed with only those bidders who quote for this tender.

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SECTION- B AA. Pre-Qualification Requirements (PQR) of Bidders for High temperature oxygen analyzer:

1. The bidder should have executed/ completed work of “Design, supply, supervision of erection & commissioning of High temperature oxygen analyzer in Power Plant of 200 MW or above capacity application in Industries for at least 1 units within preceding Five (5) years as on the date of PQ bid opening.

2. Original Equipment Manufacturers based outside India, who are making offer for this tender shall have authorized representatives in India for support related to Documentation, Erection, Commissioning & any other co-ordination work.

3. Submit Reference List of Projects wherein offered system is supplied & commissioned.

4. For Bidders offering upgraded / latest models, PQR of equivalent previous models is acceptable. OEM shall certify that offered model is upgraded version of previous existing model.

5. OEM shall furnish an undertaking that in case of change in Indian representative / agent, OEM shall continue to support supplies w.r.t to field service and supply of spare parts.

6. Bidder should be authorized and he should have capacity to commission the system in India. The bidder should have the team of experienced service engineers, who can service the offered equipment throughout INDIA.

7. Bidder shall have optimum inventory of critical components like sensors/ electronic modules.

8. BHEL shall issue call for service / commissioning with 15 days’ notice. Bidder shall agree to visit BHEL project sites within above notice period.

9. BHEL shall submit bidder credentials to customer and await customer’s decision for one month from the date of PQ bid opening. If approval is not received within above period, BHEL shall treat the offer as “NOT Meeting PQ” criteria and offer shall be rejected.

Important note: In case Bidder does not submit details mentioned in above clauses or meet the requirements of Pre-qualification requirements, Offers will be summarily rejected and Bidder’s Technical offers/proposals will not be evaluated.

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BB. Along with the details related to PQR above, following additional documents shall also be included in the Offer for reference:

1. Technical literature / Manuals of offered Sensors/ System/ Accessories. 2. In the event of technical specification not indicated in Technical literature,

confirmation from OEM is acceptable. Such confirmations shall be suitably supported by certificates like Type test / Routine test certificates.

3. Submit Unpriced Purchase Order copies for executed projects in the past five (5) years.

4. Submit List of Projects for which Erection & Commissioning has been carried out in the past five years & minimum one system. Also, submit reports of successful erection & commissioning Protocols & Minutes of the meetings for handing over of High temperature Oxygen analyzer for these projects.

5. Name & registered address of the Indian branch office or Indian representative for support of E&C and after sales service with Organization chart.

6. Bidder shall have facility in India for Engineering activities, preparation of Documents, trouble shooting and calibration of the system. Submit these details.

7. If Bidder is not Original Equipment Manufacturer (OEM), then Bidder to include Authorization letter from OEM for Design, Engineering, Manufacture, Testing, supply, Erection, Commissioning and Servicing of the offered System. This Authorization letter provided by OEM to Bidder shall indicate the Type and Duration of Validity of the agreement.

8. Bidders shall confirm to submit unit price of each components for each project as quoted; which shall be used for addition / deletion of items and mandatory spares supply, valid for the tenure of purchase order from the date of bid opening, for the commercially successful offer.

Bidder has to submit PQR checklist / tabulation sheet mentioning the page numbers / references from their submitted offer against Section-B (sub-section AA & BB).

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SECTION - C SCOPE OF SUPPLY: C1. NORTH KARANPURA (3x660 MW) STPP PROJECT: Project Synopsis: NTPC – NORTH KARANPURA SUPER THERMAL POWER PROJECT 3 X 660MW Location: Tandwa Town, Chatra District, Jharkhand State-PIN Code: 825321. Nearest airport is at Ranchi, Nearest Railway Station is Khalari Following items are required to be supplied as per enclosed Section-D:

1. Total quantity for both units is 2x3=6 nos. Tag Nos are:

KKS CODE DESCRIPTION RANGE DES_PRESS DES_TEMP( DEG C)

HBK10CQ001 BACKPASS FLUE GAS 0-10% -15 mmwc 1300 HBK30CQ001 BACKPASS FLUE GAS 0-10% -15 mmwc 1300

2. Following Spares shall be included in the offer:

i) Complete Analyzer (Probe with Shield Assembly & Electronics + Reference air kit) – 1 set. ii) Electronic card of each type – 1 set.

iii) Temperature Sensor – 2 no. iv) Air Flow meter – 1 no. v) Verification gas cylinder with regulator – 1 set. vi) Gaskets /O rings-2 sets Vii) Consumables like filter elements -6 nos

C2. TANDA C&I PACKAGE STAGE-II 2 X 660MW PROJECT: Project Synopsis: NTPC-TANDA C&I PACKAGE STAG –II 2 X 660MW PROJECT Plant is located Vidyut Ambedkar nagar, nagar post, ,Tanda,UP-224238 The Nearest railway station is Akbarpoor . Nearest air port is Lucknow .

Following items are required to be supplied as per enclosed Section-D: 1. Total quantity for both units is 2x2=4 nos. Tag Nos are:

KKS_Code DESCRIPTION RANGE DES_PRESS DES_TEMP( DEG C)

HBK10CQ001 BACKPASS FLUE GAS 0‐10% ‐15 mmwc 1300

HBK30CQ001 BACKPASS FLUE GAS 0‐10% ‐15 mmwc 1300

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2. Following Spares shall be included in the offer:

I) Complete Analyzer (Probe with Shield Assembly & Electronics + Reference air kit) – 1 set. II) Electronic card of each type – 1 set.

III) Temperature Sensor – 1 no. IV) Air Flow meter – 1 no. V) Verification gas cylinder with regulator – 1 set. VI) Gaskets /O rings-2 sets VII) Consumables like filter elements -4 nos OTHER REQUIREMENTS FOR EACH PROJECT: 1. Documents to be furnished in the events of order, before dispatch of items:- (i) Detailed BOM including all items. Data sheets / GA drawings and Instrument

schedule. Erection drawings / wiring chart. System Architecture & Write-up. These documents shall be submitted for approval, from end-user.

(ii) Test certificates / reports and calibration reports, for approval. (iii) O & M manuals – 4 sets hardcopies (2 sets to BHEL-EDN & 2 sets with consignment

to site). Also, a soft copy of O & M manual to be provided. 2. A representative of bidder shall visit site with approved BOM for validation of supplies

made. 3. Supervision of Erection / mounting of sensors, commissioning and handing over to

the customer at site. 4. Bidder to include one site visit of min. 5 man-days during Performance Availability

Test.

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SECTION-D A. TECHNICAL REQUIREMENT FOR HIGH TEMPERATURE OXYGEN

ANALYZER: A1. HIGH TEMPERATURE OXYGEN ANALYZER

1.1 Type of instrument : Non- heated in-situ dry type.

1.2 Principle of measurement : Partial pressure using Zirconium Oxide cell.

1.3 Probe Length : 900 mm

1.4 Measurement Range : 0.01% to 10% oxygen.

1.5 Operation range : 600-1600 C.

1.6 Filter : Cell shall be protected using ceramic boot.

1.7 Accuracy : ±1% of F.S or 0.5 % O2 whichever is more.

1.8 Linearity : ±1% of F.S. 1.9 Repeatability : ≤ 0.5% of Span.

1.10 Response time : 5 sec. or less (T90).

1.11 Stability : 1% deviation throughout life of sensor.

1.12 Compensation for Temp. : With R/B type Thermocouple.

1.13 Output signals Analog : 4-20mA DC galvanically isolated. 1.14 Binary Output : 2 NO + 2NC for high alarm.

1.15 Ambient temp. : 50 C

1.16 Indication : Digital Alphanumeric Display. Display of

reading in engineering units shall be provided.

1.17 Enclosure type / material : Weather & dust proof (IP 55) Die cast

Aluminum / SS.

1.18 Type of electronics : Microprocessor based with Self diagnostics.

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1.19 Verification : Auto & Manual (from remote).

1.20 Error Diagnostic : To be provided. 1.21 Compliance to standards : USEPA, TUV, MCERTS or equivalent

standards

1.22 Digital Signal Transmission : HART / RS 485 Port Modbus Protocol / Ethernet TCP / IP protocol for communication with plant control system

1.23 Others : All interconnection SS tubing

and cabling between probe and analyzer / Reference air & verification unit to be provided. Probe protector. Flanges for

Mounting probe.

A2. Comprehensive Annual Maintenance contract comprehensive Annual Maintenance contract is to be provided for Oxygen Analyzer. This AMC shall cover following: Warranty: 2 years, Comprehensive Maintenance Contract – 4 years after expiry of warranty period. This shall cover total maintenance of all hardware related to the system and shall include free repair/replacement of all components/cables/ equipment etc. and supply of expendable items. Availability of valid data: At least 90% of time during warranty & CMC period and necessary steps to ensure availability shall be taken by the Vendor. The Vendor shall prepare detailed list of faults corrected and parts, expendables utilized during AMC period and shall furnish the same to End-User, properly documented at the end of AMC period. Further, during AMC period the details as required by End-User shall be made available by Vendor personnel. Scheduled commissioning date for Northkaranpura Project Unit#1 on 28.01.2018 (2nd unit 6 months gap from unit #1 and 3rd unit 6months gap from unit#2) Scheduled commissioning date for Tanda C&I Project Unit#1 on 15.03.2019 (2nd unit 6 months gap from unit#1)

B. Bidder shall furnish with the offer Clause-wise compliance / deviation list. This is must for evaluating the offer.

C. Documents to be furnished, with the offer:-

C.1. Datasheets / Drawings of offered items / system C.2. Technical Literature / Catalogs

D. Documents to be furnished, for Approval, in the event of order :-

D.1. Bill of material for main items and mandatory spares D.2. GA drawing of high temperature oxygen analyzer of showing overall

dimension. D.3. Datasheets, Component Drawings and BOM of offered items.

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D.4. Electrical Schemes with Termination details for Power & Signal Wiring. D.5. Technical Literature D.6. Manufacturers QA Plan.

Note: All above documents shall be submitted in 8 sets of hardcopies. Also a Soft copy in “pdf” format of all the above documents shall be furnished.

E. Quality Documents to be submitted for approval, in the event of order:

Test Certificates and Calibration Reports, for approval, before dispatch of items. The calibration reports shall correspond to range of the analyzer as per the attached scope of supply.

F. Erection and Commissioning Training requirement for offered System

F.1. Supervision of Erection and Total Commissioning and handing over of the offered systems offered to Owner / End user.

F.2. Three days of Training to Site Engineer/s at Site.

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SECTION- E

PRICING SHEET- HIGH TEMPERATURE OXYGEN ANALYZER, Note: This Pricing sheet shall be filled by the commercially successful bidder, for as quoted price. E1.MAIN QUANTITY

SL NO DESCRIPTION UNIT

QTY FOR NORTH

KARANPURA (3 x 660 MW)

QTY FOR TANDA C&I

PACKAGE (2 X 660 MW)

UNIT PRICE

TOTAL PRICE

A

OXYGEN ANALYZER FOR HIGH TEMPERATURE APPLICATION

SET

06 04

i. SENSOR PROBE SET

ii. REFERENCE AIR KIT & VERIFICATION AIR KIT SET

iii. ELECTRONICS SET

B OXYGEN ANALYZER ACCESORIES SET 06 04

C VERIFICATION GAS CYLINDER SET 06 04

D COMMISSIONING CHARGES SET 06 04

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E2.MANDATORY SPARES

Note: Above spares has to be offer as per section C1 & C2.

E3.CMC E3.1. CMC FOR NORTH KARANPURA 3 X 660MW STPP

E3.2.CMC FOR TANDA C7I PACKAGE 2 X 660MW STPP

Note 1: - Unit rates quoted will be used for addition/deletion requirements raised during commissioning/detailed engineering of the system. Note 2: - The above pricing sheet is only indicative and any other major components needed for the system shall be added and unit prices for the same to be given separately.

S.NO DESCRIPTION UNIT

QTY FOR NORTH

KARANPURA (3 x 660 MW)

QTY FOR TANDA

C&I PACKAGE (2 X 660

MW)

UNIT PRICE

TOTAL PRICE

1 OYGEN ANALYZER SPARES SET 1 1

S.No Description

AMC Price for 1st Year

(INR)

AMC Price for 2nd Year

(INR)

AMC Price for 3rd Year

(INR)

AMC Price for 4th Year

(INR)

Total Price for 4

years(INR)

1 COMPREHENSIVE AMC

S.No Description

AMC Price for 1st Year

(INR)

AMC Price for 2nd Year

(INR)

AMC Price for 3rd Year

(INR)

AMC Price for 4th Year

(INR)

Total Price for 4

years(INR)

1 COMPREHENSIVE AMC

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CE: PR: 003‐ Rev 00

SPECIAL COMMERCIAL CONDITIONS OF CONTRACT

Reference is brought to BHEL’s Instructions to Bidders (Document Ref: CE: PR: 001‐ Rev 00) and General Commercial Conditions for

Contract (Document Ref: CE: PR: 002‐ Rev 00). These documents along with required annexures are available in our website:

______________________________________________ .These two documents along with Special Conditions of Contract annexed to

this RFQ will form an integral part of the contract as and when the RFQ culminates into a Purchase Order / Contract.

RFQ No: DKMM900498 RFQ Date: 22.11.16 Due Date: 15.12.2016 Project: NTPC North Karanpura (3x660 MW) & NTPC Tanda (2x660 MW) STPP Item Description: HIGH TEMPERATURE OXYGEN ANALYSER Purchase Executives: In cases where tender documents are bulky, or due to some reasons tender documents are required to be submitted by hand, the offers are to be handed over to either of the following Purchase Officers: Ms. D Kanimozhi or Mr. G Mounish. E‐mail IDs: In case offers are sent through E‐mail, please send the offers to both of the following email IDs: [email protected] & [email protected] E‐tendering: Applicable / Not Applicable. Reverse Auction: Not Applicable / Will be intimated during commercial clarifications to technically acceptable vendors. In case BHEL does not resort to Reverse Auction, the price bids and price impacts (if any) shall be opened as per BHEL’s standard practice.

Offer to be submitted as Three Part bid. Splitting of tendered quantity to MSE vendors: The tendered quantity will /will not be split to MSE vendors subject to submission of relevant documents by vendors. Refer clause H of Instructions to Bidders for conditions applicable and for information on documents to be submitted. Destination: Items are to be directly despatched to BHEL’s Site Office or Stores/Customer’s Stores located at/near Ambedkar Nagar District/City in Uttar Pradesh State for Tanda and at/near Chatra District/City in Jharkhand State for North Karanpura. Road Permit, if applicable, will be issued by BHEL along with Despatch Clearance. Project Benefits:

Indigenous scope of supply: a) Project is Mega Power Project or Ultra Mega Power Project: Eligible for “NIL” Excise Duty. Necessary documents for

availing Excise Duty exemption by suppliers will be furnished by BHEL. b) Physical Export project: Eligible for complete exemption of Excise Duty & Sales Tax. Necessary documents for availing

such benefits will be furnished by BHEL to suppliers. c) Nuclear Power Project under a special category: Eligible for claiming Terminal Excise Duty benefit from DGFT as per

present EXIM policy. Confirm submission of following in original: o Disclaimer Certificate (Annexure‐ XI) o Copy of Excise Invoice attested by Suptd of Central Excise authorities with signature and seal, in blue ink, to

enable BHEL to claim terminal Excise duty benefit from DGFT.

Imported scope of supply:

a) Project is Mega Power Project or Ultra Mega Power Project: Eligible for “NIL” Customs Duty. – For Tanda b) Physical Export project: Eligible for complete exemption of Customs Duty. c) Project Imports with Concessional Custom Duty.

d) Merit Duty applicable – For North Karanpura Terms of Delivery: Indicate station of despatch: ________________________________________________________________________________________ Indicate place of manufacturing (wherever applicable): ________________________________________________________________

Bharat Heavy Electricals Ltd.,

(A Government of India undertaking) Electronics Division

PB 2606 , Mysore Road Bangalore , 560026 INDIA

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Indigenous scope of supply: Ex‐works (including Packing & Forwarding charges but excluding Taxes & Duties): ___________________________________________

Imported scope of supply: F.C.A. (for air consignments) /F.O.B. (for sea consignments) (Including Packing, Forwarding, Handling, Ancillary charges like processing of Sight Draft/ Letter of Credit, negotiation of bank Documents, Export declaration, Country of Origin etc.): ___________________________________________

S NO.

TERMS BHEL ACCEPTABLE TERM BIDDER’S

CONFIRMATION DEVIATION IF

ANY

01 Validity The offer will be valid for a period of 120 days from the date of technical bid opening.

AGREE

02 Excise Duty & Cess If applicable, indicate current rate of Excise Duty and maximum rate of Excise Duty (against proof of Excise Invoice). However, for calculation purpose and arriving at “Total Cost to BHEL” maximum rate of Excise Duty will be considered. In case Excise Duty remains firm throughout the contract, the same shall be specifically indicated. Otherwise, maximum Excise Duty will be considered for arriving at lowest bidder. However, reimbursement of Excise Duty shall be at actuals against proof of Excise Invoice only. (Within contractual delivery). Physical export contract eligible for complete exemption of Excise duty against submission of necessary documents by BHEL like ARE‐1/CT‐1 form.

APPLICABLE / NOT APPLICABLE

Present rate of Excise Duty with CESS .................%

Maximum rate of Excise

Duty with CESS ………………%

03 Central Sales Tax (CST)

If applicable, indicate current rate of sales tax against form "C". For issue of original form "C", vendor has to furnish "E1/E2" form. To enable vendor give E1/E2 form, photocopy of C form will be issued by BHEL. Please confirm submission of "E1/E2 Sale form". For physical export project, Sales Tax is exempted against necessary documents furnished by BHEL.


Present Sales Tax rate against form “C”

……………. %

CONFIRMED

04 Value Added Tax (VAT)

If applicable, indicate current rate of VAT. When VAT is applicable, BHEL ROD’s/ Nodal Agency’s Name, TIN No. and address to be indicated in invoice. (Note that two original invoice and one tax invoice should be submitted to BHEL).


VAT rate at present

……………. % NOTED

05 Octroi If applicable, indicate current rate of octroi. AGREE Present Octroi rate

….…..%

06 Freight Charges (for indigenous scope of supply)

Freight charges shall be to vendor's account. Quote lumpsum reasonable Freight charges separately in priced offer, plus service tax if any. Vendor's offer will be evaluated on "Total cost basis" including freight charges. Vendor shall book the consignment through their approved Road carriers on "Freight pre‐paid" and door delivery consignee copy attached basis. Freight charges to be claimed from BHEL along with POD (Proof of Delivery) on original L/R.

AGREED And quoted as

lumpsum amount in price bid.

Service Tax _____% (extra /inclusive in freight charges)

07 Service Tax on E&C and Training

If applicable, indicate current rate of Service Tax ___________%


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Charges Service Tax Regn. No. ___________ Confirmation that Service Tax register is maintained.

CONFIRMED

08 Parting of license for imported raw materials

In case of Mega project, Ultra‐Mega project and Physical Export project where Custom Duty and Excise Duty are NIL and vendor is importing any raw materials / components for the enquired item, same are eligible for Zero Customs duty. As per EXIM policy, BHEL will part the import licence with the vendors to obtain import licence by themselves and custom clear the raw materials/ components by availing zero customs duty. Hence, please furnish list of raw materials / components to be imported by you with Quantity and CIF value (for which BHEL has to share import licence). The benefit due to the above shall be passed on to BHEL and confirmed in the quotation. If there are no imported raw materials/components, same shall be confirmed in the offer.

AGREE

CIF value ………….

Yes, benefit passed‐on to BHEL in the price

quotation.

We confirm that there are no imported components.

09 Delivery Period (only for Tanda and North Karanpura‐Unit#1)

Within 08 weeks from the date of issue of approved documents or manufacturing clearance by BHEL, whichever is later.

AGREE

……………… weeks

10 Guarantee/ Warranty

30 months from the date of delivery of goods or 24months from the date of commissioning of goods, whichever is earlier.

AGREE

11 Inspection agency Materials will be inspected by :

BHEL

Customer/Consultant/BHEL nominated Third Party Inspection Agency (TPIA)

AGREE

12 Terms of Payment at the time of material supply

Refer Clause “F” of Instructions to Bidder for BHEL standard Payment terms and loading factors applicable for non‐compliance against payment terms: Indigenous Scope: a)Supply with E&C b)Supply with Supervision of E&C c) Supply only Imported Scope: d)Supply with E&C e)Supply with Supervision of E&C f) Supply only Note: Kindly indicate if High Sea Sales will be operated. If yes, confirm submission of relevant documents as per Annexure V.

AGREE

YES / NO

CONFIRMED

13 Performance Bank Guarantee (PBG)

PBG will be applicable for a period of 30 months + claim period of 6 months for a value equal to 10% of the basic value of the purchase order. Refer Clause “G” of Instructions to Bidders.

AGREE

14 Terms of Payment not related to material supply

For Training: 100% will be paid in 45 days from the date of completion of Training or 15 days from the date of submission of complete set of documentation, whichever is later.Separate invoice shall be submitted for Training charges along with documentary evidence. For Engineering & Documentation Charges: 100% will be paid in 45 days from the date of approval of final documents or 15 days from the date of submission of invoice, whichever is later. Separate invoice to be submitted for Engineering & documentation charges.

AGREE

15 Mode of despatch Indigenous Scope: By Road on Door Delivery Consignee Copy attached basis through your approved transporter (unless otherwise

AGREE

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indicated in Despatch Instructions), only on receipt of Despatch Clearance from BHEL. Imported Scope: By Air/Sea through BHEL approved Consolidator/Freight Forwarder, only on receipt of Despatch Clearance from BHEL.

16 Despatch Documents

Complete set of despatch documents (original + 1 photocopy set) as per Purchase Order shall be forwarded to BHEL directly. Depending upon the project/customer demands, despatch documents may include one or more documents from the following: Commercial Invoice, Excise Invoice (if ED is applicable), Lorry Receipt (L/R), Packing List, Air Way Bill (AWB), Country of origin certificate, Warranty Certificate, Insurance Intimation letter, NIL Short Shipment Certificate, Original Performance Bank Guarantee (directly from issuing bank to BHEL), POD (Proof of Delivery) on original L/R, Disclaimer Certificate (as per BHEL format attached as Annexure XI) along with ER‐1 form & attested excise invoice (as per project demands like Nuclear Power plant) etc. The precise list of despatch documents needed for a particular project will be specified in the Purchase Order. One set of Invoice, Packing List and L/R or AWB shall be e‐mailed/faxed immediately to BHEL‐EDN after despatch.

AGREE

17 O & M Manuals As built Drawings, O & M Manuals and other approved documents shall be furnished in required no. of sets as per Specification/Purchase Order. Note: Supply of above documents (O&M) in required no. of sets along with material shall be indicated in packing list. If not mentioned BHEL may insist for submission in required sets once again.

AGREE

18 Quantity Tolerance If applicable, indicate Quantity tolerance for each of the line item. For Impulse/seamless/ GI pipes one random length applicable for each variety of pipes.

CONFIRMED Quantity Tolerance ................ % Per Variety

19 Evaluation criteria for tendered item

Package wise evaluation of tendered item.Order will be placed on Package wise L1 vendor. OR Items will not be split on item wise lowest offer. Items to be evaluated and procured as a package.

AGREE

20 Integrity Commitment

Integrity commitment will be applicable in the tender process and execution of contracts as mentioned in clause “I” of Instructions to Bidders.

AGREE

PLEASE NOTE THE FOLLOWING:

1. Warranty as per Clause no. 10 above.

2. Evaluation will be done as a package for Supply portion (Main+Spares), Supervision of Erection &

Commissioning and AMC together and ranking will be done based on overall package of both the

projects put together.

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3. Vendor has to quote separately for:

A. Supply:

a. Main items

b. Spares

B. Supervision of Erection and Commissioning

C. AMC

Payment for AMC will be made only on completion of AMC, on yearly basis, in 15 days from the date of

completion of AMC against supplementary invoice with proof of completion of AMC.

Incase the quoted total AMC value for 4 years is less than 25% of the supply value (main+spares),

differential amount will be retained from supply portion and the same along with quoted AMC charges

will be paid on completion of AMC on yearly basis. AMC will start after completion of warranty period.

4. Sl. Nos. 10 & 13 are not applicable for calibration gas cylinders. However, manufacturer’s standard

warranty to be provided.

5. In the event of placement of order, Purchase orders will be placed separately for each project. Hence,

Projectwise freight charges for indigenous portion to be clearly indicated in the offer.

6. For North Karanpura unit#3, Delivery shall be 30‐Jul’17 or 8 weeks from manufacturing

clearance/document approval whichever is later. Accordingly, penalty for delay in delivery for unit#3

will be calculated after 30‐Jul’17 or after 8 weeks from the date of issue of document

approval/manufacturing clearance whichever is later.

7. Following Payment term would be operated in case of High Sea Sale:

“(1)90% basic value (excluding E&C charges) will be paid in 45 days from the date of High Sea Sale agreement or 15 days from the date of submission of complete set of documentation whichever is later. (2) 10% of basic value (retention money), (excluding E&C charges) will be paid in 15 days from the date of completion of erection and commissioning against supplementary invoice with proof of completion of E&C along with supervision charges (if any).”

LOADING FACTOR FOR DEVIATION IN ABOVE PAYMENT TERM: Payment term where credit period is 30 days with the above offered standard payment term, loading

applicable will be 5% of basic value.

Payment term with credit period of less than 30 days and any other variation of payment term are liable

for rejection.”

With this, it is inferred that vendor has understood and accepts all terms & conditions as indicated in Instructions to Bidders

(Document Ref: CE: PR: 001‐ Rev 00) & General Commercial Conditions for Contract (Document Ref: CE: PR: 002‐ Rev 00).

VENDOR’S SIGNATURE WITH SEAL

NOTE: The above filled‐in and signed‐sealed document (in original) shall be furnished as part of Part‐I Bid without fail. If no deviations

are brought, it will be treated as if all terms and conditions of this enquiry are accepted by vendor without any deviation.

Page I of8

qDEf do oe3&dq Oao$d.t-i.r.tr- Eq-I WiqEF,e-g f6ff,fE

Bharat Heavy Electricals Ltd..(A Government of lndia undertaking)

Electronics DivisionPB 2606, Ivlysore Road Bangalore , 560026 INDtA

CErPRr001- Rev 00

INSTRUCTIONS TO BIDDERS (Common for all RFes)

Bidder is requested to.ead the instructions carefully and submit their quotation coveringallthe pointsl

A. GENERAL INSTRUCTIONSI

1. Any Purchase Order resulttng from this enqutry shall be governed by the tnstructions to Bidders (documentreference: CE: PR: 001 - Rev 00), General Conditions of Contract (document reference: CE: pRr 002 - Rev 00)and SpecialConditions ofContract, ifany, ofthe enquiry.

2. Any deviations from or additions to the "General Conditions of Contract,, or ,,Special Conditions of Contract,,

require BHEL's expresswritten consent. The generalterms ofbusiness orsale ofthe b'dde.shaljnot applytothis tender.

3. Eidders (also includes the term suppliers / contractors wherever used in this document) are instructed toquote their most competitive price and best delivery, etc. in the offer. prices should be indicated in bothfigures & words. (please also refer cleuse 11 under section B)

4. Regret letter (either through post or by ma;l) indicating reasons for not quoting must be submitted withoutfail, in case of non'panicipation in this tender- lf a bidder fails to respond against 3 consecutive tenders forthe same item, he willbe liable for removalas a registered vendorof BHEL.

5. Procurement directly from the manufacturers shalt be preferred. However, if the OEM / principal insist onengagjng th€ services of an agent, suci agent shall not be allowed to represent more than one manufacturer/ supplier in the same tender. Moreover, either the agent could bid on behalf of the manufacture. / supplieror the manufacturer / supplter could bid directty but not both. tn case bids are receaved from themanufacturer / supplier and his agent, bid received from the agent sha be ignored.

6. Consultant / firm (and any of its affiliates) shall not be eligible to participate in the tender/s for the retatedgoods forthe same project ifthey were engaged for cons u lta ncy services forthe same project.

7. lf an lndian representative / associate / liaison office quotes or behalf of a'foreign based bidder, suchrepresentative shall furnish compulsorily the following documentsi

a. Authorization letter to quote and negotiate on behatf of such foreign-based bidder.b. tlndertaking from such foreign based bidder that such contract will be honored and e)(ecuted according

to agreed scope ofsupply and commercialterms and €onditions.c. Undertaking shall be furnished by the tndian representative stating that the co-ordination ard smooth

execution of the contract and settlement of shortages / damages / replacement / repair of ir.portedscope till system is commissioned and handed over to customer will be the sole responsibitity of tIelndian representative / associates/ agent / liaison office.

d- ReferAnnexureX on "Guidelines for lndian Agents".8. lo case of imported s€ope of supply, customs clearance & customs duty pzyment will be to BHIL accouni

after the consignment is receaved at lndian Airport / Seaport. Bidders must provide a original documentsrequlred for completing the cLrstoms clearance alorlg with the shipment. Warehousing charges due ro

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incomp,ete or missing documentation will be recovered from the supplier,s bitl. All offers for imported scopeof supply must be made from any ofthe gateway pons {within the country) indicated. {Refer Annexure t)

9. The offers of the bidders who are on the banned list and also the offers of the bidders, who engage theservices of the banned firms, shall be reje.ted. The list of the banned firms is available on BHIL website:www.bhel.com

10. Business dealings wlth bidders will be suspended if they are found to have indulged in any malpractices /misconduct which are contrary to business ethics like bribery, corruption, fraud, pilferage, cartelformation,submission of fakefa,seforged documents, certificates, information to BHEL or if they tamper withtender:ng procedure affecting the ordering process or failto execute a contract, or rejection of 3 consecutivesupplies or iftheir firms / works are under strike / lockout for a long period.

B. GUIDELINES FOR PREPARAIION OF OFFER:

1. Quotation shall be submitted in Single Part Bid, Two Part Bid orThree Part Bid, as called for in the tender:. SINGLE PART BID: Technical and Commercial Bid with prices along with price summary & filled in

BHELStandardCommercialterms and conditions in a single sealed envelope.. TWO PART BID: Unpri€ed offer .e. 'Techno-commercial Bid" with filled in BHEt Standard

Commercial terms and conditions in a sealed envelope along with the copy of the "price Bid"without the prices should be enclosed in one cover and the cover must be super scribed /,Techno-

commercial offer) and Priced offer i.e. "Piice Bid" containing price summary in a separate sealedenvelope and must be super scribed "Price Bid". Eoth these envelopes shall be enclosed in a singlesealed envelope super scribed with enqriry number due date of tender and any other detai,s as

called for in the tender document.. THREE PART BID: Pre qualification Bid (Part-l), Techno Commercial Bid with filled in BHEL Standard

Commercial terms and conditions {Partll), and Price Bid (Part ttt). All three envelopes sha beenclosed in a single sealed envelope super scribed with enquiry numberdue date oftenderand anyother detalh as called for in the tende. document.

lf any ofthe offers (Part l, Part ll or Part lll) are not submitted before the due date and time of submission orif any part of the offer is incomplete the entire offer ofthe bidder is liable for rejection.

2. Supplier shall ensure to super scribe each envelope with RFQ number, RFe Date, RFe Due date and time,Item Description and Project clearly & boldly. Also mention on the envelope whether it is "TechnoCommercial Bid" or "?rice Bid" or "Pre'Qualarica:ion Bid". pease ensure complete address, departmentname and purchase executlve name is mentioned on the envelope (before dropping in the tender box orhanding over) so that:he tender is available in time for bid openine.

3. EHIL standard CommercialTerms and Conditions (duly filled, signed & stamped) must accompany Technical,Commercialofferwithoutfailandshouldbesubmitted,noriginalonly. Xerox copywitlnot beaccepted.

4. Any of the terms and conditions not acceptable to supplier, shall be explicitly mentioned in the Techno-Commercial Bid. lf no deviations are brought out in the offer it will be treated as if all terms and conditionsofthis enquiry are accepted by the supplier without deviation.

5. Deviation to this specification / ;tem descriptjon, if any, shall be brought out clearly indicating ,,DEV|AT|ON

TO BHEt SPECIFICATION" without fail, as a part of Te ch no,Comme rcia I Bid. tf no deviations are brought outan the offer it will be treated as if the entire specification ofthis enquiry is accepted without deviation.

6. Suppliers shall submit one set of original catalogue/ datasheers, bill of mateiials, dimensional drawinss,mounting details and / or any other relevant documents called in purchase specification as part of TechnicalBid.

7. "Ptice Bid" shall becompleteinall respects containing price breakup of all components along with all

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applicable taxes and duties, packing & forwardine charges (if appticabte), freight charges (if appticabte) etc.Once submitted no modification / addit,on / deletion will be allowed in the ,,price Bid.,, Bidders are advisedto thoroughly check the u nit price, total price to avoid any discrepancy_

8. lfi addition, bidder shall also quote for erection & commissioning charges (E&C charges), documentationcharges, service charges, testing Charges (type & routine), training charges, service tax, etc. whereverapplicable. The price summary must indicate allthe elements clearly.

9. Vendors should indicate "lump sum" charges (including To & Fro Fare, Boarding, Lodging, Local Conveyanceetc.) for Supervision of Erection, Commissioning and handing over to customer. The quotation shall clearlyindicate scope of work, likely duration of commissioning, pre-commissioning checklist and servi€e tax (ifanv).

10. Wherever bidders require PAC (Project Authoriiy Certificate) for import of raw materials, components.equired for Mega Power Projects, Export Projects or other similar projects wherein supplies are eligible forcustoms duty benefits/ lists and quantities of such items and their values (CtF) has to be mentioned in theoffer. Prices must be quoted taking into account ofsuch benefits.

11. All quotations shall be free from corrections /overwriting. Corrections if any should be authenticated withsignature and seal. Any typographical error, totaling mistakes, currency mistake, multipli€ation mistake,summing mistakes etc. observed in the price blds will be evaluated as per Annexure lt Guidelines fordealing with Discrepancy in Words & Figures quoted in price bid". BHEL decision will be final.

C. GUIDETINES FOR OFFER SUBMISSION:

1. Offers / Quotations must be dropped in tender box before 13.00 Hrs. on or before due dat€ mentioned inRFQ. The offers are to be dropped in the proper slot of the Tender Box kept in our reception a.ea withcaption'CE, SC&PV, DEFENCI.' Tenders are opened ol13 days in a week (Monday/Wednesday/Friday).Tender must be deposited in the slot corresponding to the day (Monday - Box ro.4/Wednesday - Box no. 6/Friday - Box no.8)while depositingthe offer- (This clause will not be applicablelor e-tenders)

2. t-Mail/ lnternet / EDI offers received in time shall be considered only when such offers are complete in allrespects. h case of offers received through E mail, please send the offerto the email tD spec:fied in the SCC

of the tender. (Refer to SCC document oftender)

3. ln cases where tender documents are bulky, or due to some reasons tender documents are required to besubmitted by hand or through posts/couriers, the offers are to be handed over eirher of the two officerswhose names are mentioned in the RFQ. (Refer to SCC document oftender)

4. Tende.s will be opened on due date, time and venue as indicated in the RFe in the presence of bidders atthe venue indicated in the RFQ. ln case of e-procurement, bidders can see tender results tillseven days afterdue date and time.

5. Vendor will be solely responsible:

a. For submission of offers before due date and time. Offers submitted after due date and time wilt betreated as'Ldle oFer)' and willbe rejected.

b. For submission of offers in the correct compartment of the tender box based on the day of due date(Monday/Wednesday/Friday). Please check before dropping youroffer in the correcttender box.

c. Fordepositingoffersinpropersealedconditioninthetenderbox. tfthebidderdropsthetenderinthewrong tender box or if the tender document is handed over to the wrong person BHEL will not beresponsible fo. any such delays.

d. For offers received through email etc., suppliers are fully responsible for lack of secrecy on informationand ensuring timeiy receipt ofsuch offers in the tender box before due date &time.

e. In case of e-tender, all required documents should be uploaded before due date and time. Availabilityof power, internet connections, etc. willbe the sole responsibility ofthe vendor. Wherever assistance is

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needed for submission of e-tenders, help line numbers and executives of seNice provider of BHEL maybe contacted.Service provider: M-junctionWebsite address: https://bheleps.buviunction.in/Helpline no.: 033-6610642616211/601316046/6116 (9r30 am to s:30 pm)

9163348283/9163348284/91.633482as19163348286/8s84008116 (s:30 pm to 8:30 pm)

Purchase Executive / BHEL will not be responsible for any ot the activities r€lating to submission ofoffer,

D. PROCESSING OFFERS RECEIVEDI

5.

Any discount / revised offer submitted by the supplier on its own shall be accepted provided it is received onor beforethedue date andtime ofoffersubmission (i.e. Part-lbid). The discount shallbe applied on pro-ratabasis to all items unless specified otherwise by the bidder.

Changes in offels or Revised offers given after Part-l bid opening shall not be considered as a part of theoriginal offer unless such changes / revisions are requested by BHEL.

ln €ase the.e is no change in the technical scope and / or specifications a.d / or commercial terms &conditions, the supplier will not be allowed to change any of their bids after Technical bids are opened (afterthe due date and timeoftenderopening).

In case of changes in scope and/ or techoical specifications and/ or commercial terms & conditions by BHEtand it accounts for price implications from vendors, all techno-commercially acceptable bidders shall beasked by EHEL lafter freezing the scope, technical specifications and commercial terms & conditions) tos!bmitthe impact ofsuch changes ontheir price b;d. lmpact price w;l' be applicable onlyforchanges intechnical specifacation /.ommercial conditions by 8HEL. The impact price must be submitted on or beforethe cut-ofJ date specified by BHIL and the original price bid and the price impact b;d will be opened togetheratthetime of price bid openjng.

BHEL !DN reserves the right to adopt Reverse Auction or standard price Bid Opening procedure for priceevaluation, at its discretion. lh s will be decided after completion of techn,cal evaluation of tender. (ReferAnnexure lll for Guidelines lor Reverse Auction).

Un-opened bids (including pri€e bids) wil: be returned to the respective bidders afrer retease of pO andreceipt of order acknowledgementfiom the successful bidder.

After receipt of Purchase Order, supplier should submit required documents like drawings, bill of materials,datasheets, catalogues, quality plan, test procedure/ type test report ? O & M Manuals and / or any otherrelevant documents as pe r Specification / Purchase Order, as and when required by gHEL/ CLrstomer.

Any deviation to the terms and conditions not mentioned in the quotation by supplier in response to thisenquiry will not be considered, if put fonh subsequently or after issue of purchase Order, unless clarificationis sought for by BHEL EDN and agreed upon in the Purchase Order.

Evaluation shallbe on the basis otdelivered cost (i.e. "TotalCost ro SHEL')."Total Cost to BHEI" shall include total basic cost, packing & forwarding charges, taxes and duties, freightcharges, irsurance, service tax for services, a,ry other cost ind,cated by vendor for execut,on ofthe contractand loading factors (for non-compl,ance to BHEL Standard CommercialTerms & Conditions). Benefits arisingout of Nil lmpon Duty on Mega Projects, Physical lmpons or such IOOZo exemptions (statutory benefits),customer reimbursements of statutory duties (like Excise Duty, CSI. VAT) will also be taken into account atthe time oftender evaluation. (wherever applicable and as indicated in SCC document oftender)

8.

9.

7.

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l0.Forevaluationofoffersinforeigncurrency,theexchangerate(TTsellinerateofSBtlshallbetalenasunder:

single pdrt brdr: Date oftenderopeningTwo/three part bids: Date of Part-l bid openingReverse Auction: Date ofPart lbid openingln case of Performance Bank Guarantee (PBG) also, exchange rate will be considered as mentioned abovefor co nverting fo reign currency to lndian currency and vice versa.

lf the relevant day happens to be a bank fioliday, then the exchange rate as on the previous working day ofthe bank (SBl)shall be taken.

11. Ranking (L-1, L-2 etc.)shallbe doneonlyforthetechno-commercially acceptable offers.

E. INFORMATION ON PAYMENTTERMS:

1.

4.

All payments will be through Electronic Fund transfer (EFT). Vendor has to furnish necessary details as perBHEL standard format (Refer Annexure lV) for receiving all payments through NEFT. (Applicable for lndianvendors only)

ln case of High Sea Sales transaction, customs clearance ofthe consignment landed on lndian Sea / Air portswill be done by BHEL based on the original HSS documents provided by vendors. Allwarehousing chargesdue to delay in submission of complete and or correct HSS documents to BHEL will be to suppliers accountonly. Such recovery willbe made out of any ofthe available bills- (Refer Annexure V).

Statutory deductions, if any, will be made and the deduction certificate shall be issued. ln case vendor doesnot provide PAN details, the TDS deduction shall be at the maximum percentage stipulated as per theprovisions of lncome TaxAct. (Applicable for lndian vendors only).Foreign vendors shall submit relevant details oftheir bankers like Swift Code, Banker's Name & Address etc.Vendors must submit bills & invoices along with required supporting documents in time. lncompletedocumentation / delayed submission ofinvoice / documents willresult in corresponding delay in payment.

F. STANDARD PAYMENT TERMS OF BHET.EDN

Purchase orders for indisenous p.ocurement

(a) SUPPLY wlTH E&c:

1) 85% of basic value (excluding E&C charges)+ 100% oftaxes, duties and freight charges will be paid in 45days from the date ofdispatch or 15 days from the date ofsubmission of completesetofdocumentationwhichever is later.

2) 15% of basic value (retention moneyi, (excluding E&C charges)will be paid in 15 days from the date ofsubm;ssion of documents against supplementary invoice with proof of completion of E&C along with E & C

charses (ifany)

(b) SUPPLY W|TH SUPERVTSTON OF E&C:

1i 90% basic value (excluding E&C charges)+ 100%oftaxes, duties and freight charges willbe paid in45 daysfrom the date ofdispatch or 15 days from the date ofsubmission ofcomplete set ofdocumentationwhichever is later.

2) 10% of basicvalue (retention money), (excluding E&C charges)willbe paid in 15 days from the date ofcompletion of erection and commissioning against supplementary invoice with proofof completion of E&C

along with supervision charges (if any)

(c)SUPPLYONLY:

1) 100% of PO value with taxes, duties and freight willbe paid in 45 days from the date of dispatch or 15 daysfrom the date ofsubmission ofcomplete set ofdocumentation whichever is later.

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Purchase orders for impon procurementl

(d) suPPLY wrTH E&c:

1) 85% ofthe basic value (excluding E&C charges) will be paid in 45 days, against usance draft of45 days, fromthe date ofAWB/BOL on submission of complete set of documents.

2) 15% of basic value (retention money), (excluding E&C charges) will be paid in 15 days from the date ofcompletion of E&C along with E & C charges against supplementary invoice with proof of completion of E&C(if any).

(e )SUPPI-YwlTH SUPERVISION OF E&C:

1) 90% ofthe value ofthe order willbe paid on the 45th day, against usance draft of 45 days, from the date ofAWB/BOL on submission of complete set ofdocuments.

2) 10% of basic value (retention mofley) will be paid in 15 days from the date of completion of erection andcommissioning against supplementary invoice with proof of completion of E&C along with supeNisioncharges (ifany).

(f) SUPPLY ONLY:

1) 100% of PO value will be paid against usance draft of 45 days from the date of dispatch or 15 days from thedate ofsubmission ofcomplete set of documents whichever is later.

TOADING FACTORS FOR PAYMENTTERMS:

1) For offers received with requests for negotiation of documents through bank loading will be 15% of basicvalue (all bank charges to be borne bythe seller).(This loadinglactor i5 applicable onlyfor purchase orders{or indigenous supply),

2) ln all cases where credit period is 30 days but not in line with the above mentioned standard payment termsoffered loading applicable will be 57o of basic value.(This loading factor is applicable only for purchase orders for indigenous supply).

3) For offers received with Letter of Credit payment term in place of sight draft payment term, Ioadingapplicable will be 5% of basic value. Additional loading of 5% will be applicable for payment terms as LetterofCredit with usance of less than 45 days.

{This loading factor is applicable onlylor purchase orders for imported supply).

4) For offers received with Sight Draft payment terms with usance of less than 45 days, loading of 5% will beapplicable.(This loading factor isapplicable onlyfor purchase orderslor imported supply).

5) Allpayment terms with credit period of less than 30 days for indigenous supp,y and any othervariation ofpayment terms are liable for rejection,

6) Standard payment terms indicated in para F (a), (b), (c), (d), (e) and (fJ will not attract any toading.

Note 1: Basic value of Purchase Order mentioned above will include allcomponents ofthe purchase orderandwillexclude onlytaxes, duties, freigh! and t&Ccharges (wherever applicable).

Whereverthe Purchase Order is splii into import portion and indigenous portion ofsupplythe retentionmoneywillbe 15% or 10% (as applicable)of both purchase order values puttogether-

Note 2t t the E&C could not be completed till the end ol the Worrunty period due to rcosons notdttributoble to the supplier, BHEL ,ndy .onsider releosing the retention money to the supplier ogoinst BonkGuorunteelot equivolent volue valid loroninitiol period ol one yeor.

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G. Bank suarantee IBG) / Perfo.mance bank quarante€ IPBG):

1. Banl guarantee (8G) / Performance bank guarantee (PBG) will be applicable as called in the tenderdocuments. Such pBG shall be valid for a period of36 months + claam per:od of 6 months for a value equalto 10 % of the basic value of the purchase order. No deviation for the duration of pBG / BG will bepermitted.

a. PBG shallbe from any ofthe BHEL consortium of bankers (refer Annexure Vl).

b. PBGs from nationalDed banks are also acceptable.

c. PBG should be sent directly by the bank to the dealing executive mentioned in the purchase orderlocated at the address mentioned in the purchase order. PBG should be in the format indicated.(Refer annexures Vll & Vlll respectively)- No deviation to these formats will be allowed.

d. Confirmation from any of the BHEL consortium of banks or any of the tndian Public Sector Banks is

essentialfortheacceptance ofPBG5 issued byforeign banks (located outside lndia).

e. Expired BGs/PBGSwill be returned onlyafterexpiryof the claim period oron completion ofthecontractual obligation,

f. Non acc€ptance for submission of PBG will attract loading as indicated below

j. Loading will be equal to the percentage of value for which BG / PBG is not provided. (Ex: ifPgG / BG isgiven for 3 % ofthe basic value against 10% specified,loadi.g applicable willbe'l%

l1O - 3 = 1 %). This value will be added to the quoted price while evaluating the lowestoffer.

H. PROVISONS APPLICABTE FOR MSE VENDORS {MICRO AND SMATT ENTERPRISES)

Vendors who qualify as MSE vendors are requested to submit applicable certificates (as specified by theMinistry of Micro, Small and Medium tnterprises) at the time ofvendor registration. Vendors have tosubmit .ny ofthe following documents along with the tender documents in the Part l/ Technical bid coverto availthe applicable benefits.

a. Valid NSIC certificate or

b. Entrepreneur's Memorandum part ll (EM ll) certificate (deemed valid for 2 years).

c. EM llcertificate with CA certificate (in the prescribed formatgiven in Annexure lX)applicable fo.theyearcertifyingthatthe investment in plantand machineryofthe vendoriswithin permissible limits asperthe MSME Act 2006for relevant status wherethe deemed validity is over.

d. Documents submitted for establishing the credentials of MSE vendors must be valid as on the date ofpart l/technicalbid opening forthe vendors to be eligibleforthe benefits applicable for MSE vendors.Documents submitted afterthe Part l/Technicalbid opening date will not be considered forthis tender.

PURCHASE PREFERENCE FOR MSE VENDORS:

e. MSEvendors quotingwithin a price band oftl+ 15%shallbe a,lowedto supply upto20% oftherequirement against this tender provided

1. The MSE vendor malches the L1 price

2, L1 price is from a non MSE vendor

3. L1 price will be offered to the nearest vendor nearest to L1 in terms of price ranking (12

nearest to t1). ln case of non acceptance by the MSE vendor (12) next ranking MSE vendor wjllbe offered who is within the L1+ 15% band (if L3 is also within 15% band).

4.20%ofthe20yoli.e.4%ofthetotalenquiredquantity)willbeearmarkedforSC/STownedMSEfirms provided conditions as mentioned in (1) and (2)are fulfilled.

5.

Page 8 of8

ln case no vendor under SC / ST category firms are meeting the conditions mentioned in (1) and

12) or have not participated in the tender, in such cases the 4% quantity will be distributedamongthe othereligible MSE vendorswho have participated in thetender.

Serial no. 1 to 5 will not be applicable wherever it is not possible to split the tendered quantity /items on account of customer contract requirement, or the items tendered are systems. suchinformation thattendered quantity willnot be split willbe indicated intheSCC.

I. INTEGRITY COMMITMENT IN THE TENDER PROCESS, AND EXECUTION OF CONTRACTS:

1. Commitment bv EHEL:

BHEL commits to take all measures necessary to prevent coruption in connection with the Tender process

and execution of the Contract. BHEL will, during the tender process, treat all bidder / suppliers in a

transparent and fair manner, and with equity.

2. Commitment bv Bidde(s)/ Contracto(s);

a. The Bidde(s)/ Contracto(s) commit(s) to take all measures to prevent corruption and will not directly orindirectly try to influence any decision or benefit which he is not legatly entitled to.

b. The Bidder(s)/ Contracto(s) will not enter with other Bidder(s) into any undisclosed agreement orunderstanding or any actions to restrict competition,

c. The Bidde(si/ Contracto(s) will not commit any offence under the relevant Acts. The Bidder(s)/Contractor(s) w:ll not use improperly, for purposes of competitiofl or personalgain or pass on to others,any information or document provided by BHEL as part ofbusiness relationship.

d. The Bidde(s)/ Contractor(s) will, when presenting his bid, disclose any and all payments he has made,

and is committed to or intends to make to agents, brokers or any other intermediaries in connectionwith the award of the contract and shall adhere to the relevant guidelines issued from time to time byGovernment of lndia/ BHEL.

lf the Bidde(s)/ Contractor(s), before award or during execution of the Contract commit(s) a transgressionof the above or in any other manner such as to put his reliability or credibility in question, BHEL is entitled todisqualify the Bidde(s) / Contractor G) from the tender process or terminate the contract and/ or takesuitable action as deemed fit.

PURCHASE EXECUTIVE

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?trDCH dA oe&der O&otslsfwr<a A* FafuFtE F tr}c

Bharal Heavy Electricals Ltd.,(A Governmeht ot lndia undenaking)

Electronics DivisionPB 2606 , [4ysore Road Bangalore , 560026 INDIA

CE:PR:002 Rev00

GENERAL COM MERCIAL CON DITIONS FOR CONTRACI

These 'General commercia conditions for ContEct for Purchase' hereinafter refetred to as GCC applyto all €nquiries terders, requests for quotations, orders, contracts and agreements concernin8 thesupplyofgoods and the renderins of reated seruices (hereinafter refered to as "deliveries")to BharatHeavy Electrlcals Limited and any of its !nits, resions or divisions (hereinafter refefled to as "BHEL" orthe Purchaser) or its proieds /customeB,Any deviations from or:dditiors to ihese GCC require BHEL's express written consent. The generalterms of business or sale of the vendor shall not apply to BHEL. Acceptance, receipt of shipments orsetuices or effecting payment shall not mean that the generalterms of business or saie ofthe vendorhave been accepted.Orde6, agreements and a men dments thereto shallbe bindlns if made or confirmed by BNEL ir wriuns.Onlythe Purchasirg department of BHEL is authorized to issue the Purchase Order or any amendment

Definitions:Througholt these conditions and in the speciflcatiors, the following terms shall have themeanings assigned to them, urless the subject matteror th€ contexr requires otheMise.

a) The Purchase/ means Bharat HeaW Electricals Limited, Elecrronics division, l4ysore road, Banga]ore560 026, a Unit of Bha.at Heaw Electrica s Limited (AGo!t. of lndia Undertakins)incorporated underthe Companies Act havin8 its registered office at BHEL House, Slri Fod, New Delhi 110049, lrdia andshallbe deemedto irclude its successorsand assigns.lt m.y ako be referred to as BHEL.

b) 'The vendo/ means the person, firm, company or or8anization on whom the Purchase Order isplaced and shal be deemed to include the vendo/s successots, represertative heirs, etecutors ardadministrator:sthe case may be. t maya so be referredto as Seller, Contractor or SLrpplier,

d 'contract' sha I mean and inc ude the Purchase Order incorporating various agreements, viz. tender/RFQ offer, letter of intent / acceptance / award, the Genera Conditions of Contract and speciatConditions of Contrad for Purchase, Specflcations, lnspection / Quality P an, schedule of Prices andOuantities, Drawings, if any enclosed or to be provided by BHEL or his authodzed nomi.ee a.d thesamples or patterns lf anyto be provided uider the provisions ofthe contract.

d) 'Partlesto the cortracf sha lmean the'Ihe vendo/ and the Purchaser as named ir the main body ofrl-6 ou..l-areorder.

lnteroretation;

lr the contract, except wherethecontexl requiresotherwise:a) words indi.ating one gender inc ude a Benders,b) words indlcatiig the lirgular also lnclude the p ura and words indicatiig the plural a so include the

c) provisions incudi.g the word "a8ree', "agreed" or "agreement" require the agreemert to be.ecorded in wrlti.g, and

d) "Written" or "in writing' means hand-written, type written, printed or electronicallv made, andresulting in a permanent record.

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Aoolicable conditions:

7.

2.

PlEgE3liS All prices shall b€ fnm until lhe purchase order is executed / completed ln all respects. Nopricevariations/escalation sha lbe permitted urless otheMise such variations/esca ations are providedforand agreed by BHEL in wriung in the purchase order.

Va iditv: The offer will be va id for a period of 120 days from the date of technical bid opening date.Va idity beyond 120 days, if required, will be specifed in the Scc (special conditions ofconkact).

Orderinsand conflrmation of Order; Ven dor sha ll send the order acceptance on thelrcompany letter head

wlthin two weeks from the date of Purchase Order or such other period as specified / asreed by BHEL.

BHEL reserves the right to revoke the order phced ifthe order confirmation diffeE from the ori8iialorderplaced- The acceptance of goods/serulces/supplies by BHELas wellas payments made in thG regard shall.ot impyacceptance of any deviations.The purchase order will be deerned to have been accepted if no communication to the.ontrary is

received within two weeks (orthe tlme limit as specified / asreed by BHEL) from the date of the purchase

Documentation: After receipt of Purchase Order, vendorshou d submit required documents ike drawings,bil of materials, datasheets, catalogues, quality pan, test procedure, type test report, O & M Manualsand/or any other r€levant documents as per Specificatior/Purchase Order, as and when requlred byBHEL/Customer.

At any stase within the contract period, the vendorshallnotify ofanyeror, fault or other defect foLnd inBHELT do.uments /specifications or any other items for reference. lf and to the etent that (takins

account of cost and time)any vendor exercislng due care would have discovered the error, fau t orotherdefect when €xamining the documents/specifcations before submitrins rhe tender the time forcompletion shaLlnot be extended, However iferrors, omissions, amblgulties, irconslstencies, iiadequaciesorother defectsare found in the vendor's documents, they shall be corrected at his cost, notwithstandingany conent or approval,

s. !c-o3l!l!For delav in documentationi ln the event of de ay ln submission of complete set of doclments (( ikedmwings, bil of materials, datasheets, catalogues, quality plan etc. as called in tender specificationsi.cluding soft copies wherever applicable) in required sets beyond three weeks (or as agreed/indkatedir the Purchase Order)from the date of Purchase Order, penalty at 0.s% (ha f pe(en0 perweek or panthereot limited to a maximum ofs% (five percent)ofthe basic materialvalue ofthe Prrchase Order wil

For dehv ir de iveryr ln the elert of delay in agreed contractual de ivery as per Purchase order, pena ty@ 0.s % lha f percent ) per week or part thereof but I mited to a max of 10% (ten perceno va re ofunde ivered portion (bask material cost) wi I be app kable. Delvery will commence from the date ofdocument approval by customer / BHEL or date of issue of manufad!rin8 c eamnce, whichever is later.-the date for whi.h lnspedion call js issued by vendor alor8 with test certificates / test repofts /certficate of conform:ice / calibratlon reports, as proof of comp elion of maiufactur ng w llbe Veatedas date of deemed delivery for penalty calculation.ln the absence offurnishing such document indicatedabove as proof of competion of manufacturing a ong wlth irspection ca l, adual date of inspectior w I

be considered as d?te of deemeddeiveryand BHEL will not be resporsib e for delay in actual date of

Penalty for delayed document.tion/delayed delivery, if appiicable, sha I be deducted at the time offirstpayment. f penalty is applicable for duration of less than a week, penalty @ 0.5% (half percent) of thebasic material value will be deduded.

6. Conlracr variatiors I ncrease ordecrease in the scooe of suopv):BHEL may vary the contracted scope as

per requirements at site.lfvendor is of the opinion thatthevarlation has an effect on the agreed pr ce ordellvery period, BHEL shall be informed ofthis immediately in writing along with technic!ldetails. Whereunit ratesare available in the Contract, the same sha lbe app ied to such additionalwork. Vendorshallnot

a.

7.

9.

11.

page 3 of7

perfom addltiona work before BHEL has issued written instructio.s /arnendment to the Purchase Orderto thateffect. The workwhjch thevendorshould haveorcould have anticipated in terms ofdeliveringtheservice(s)and fundionality (i.e.)as described in thh asreement, orwhich is considered to be the result ofan attrlbutable erroron the vendofs part, shallnotbeconsidered additonalwork.

neverse Auction: BHEL reserves the right to fo low REVERSE AIJCIION PROCEDURE (ONL NE B DDiNG ONNETWORK) before finalislnB lhe Purchase order on techrically competent bidders, as per the guldelinesgiven n Annex!re l. ln case BHEL does not resort to Reverse Auction, the prce bids and price impacts (rf

any)a readv submitted and available with SHELshallbe opened as perBHEL'sstandard practice.

lnsoection: Prior writren notice ofat least 10 daysshal be gven alongwith internaltest ce.tificates /COCard applicabetest certificates. Materials wil be inspeded by BH EL-EDN-QS/CQS or BHEL nominated ThirdParry nspection Asency (TP A)or BN!L authorized lnspection Acency or customer/ consu tant o.jointyby BHEL & Customer / consultant. A I tests have to be conduded as applcable in line with approvedQuality pan orQA checklGt or Purchase specificaton and originalreportsshall befurnished to BHEL EDN,

BanBaloreforverif catior / acceptanceforissue of dispat.h clearance.Allcosts related to lnspections & re-inrpections shallbe borne by vendor. whetherthe Contract provldesfor tens on the premises of the ve.dor or any of his Sub-contractor/s, verdor shall be responsible toprovide such assistance, labour, rnaterials, electricity, fuels, stores, apparatus, instruments as may berequired and as may be reasonably demanded to carry out su.h tens efficiently. Cost ofany type test orsuch other specia testsshallbe borne by BHELon yifspecifkallyagreed to in the purchase order.

Transit lnsurance;Transit insurance coveraee between vendo/s works and projed site shall be to theaccount of BHEL, unless specificallv asreed otheMise. However, verdor sha I send intimation diredly toinsurance agency (as mertioned in dispatch instruclions issled by BNEL) throush faxlcourier/e-ma l,

immediate y o. dispatch of goods for coverlng nsuran.e. A copy of such intimation sentbyvendortoinsurance agency shalbe Eiven to BHELaong with dispatch doclments. Dispakh documenrs wll betreated as incomplete wlthout such intimatior copy. BHEL sha lnot be responsible forsend ng intimationsto nsurance agency on behalf ofthe vendor.

Hish sea Sales lHSS): Customs c earance ofthe consignment laoded on lndiar Se: /Ak ports w llbe doieby BHEL based oh the originalHSs documents provided byvendo6.Any deay in submission olcomplete / correct HSS doc!ments to ENEL may incur demurrage charges. Alldemurage .har8es on account of incomplete / incotrect HsS documents submission by vendor will be tovendo'rs acco!nt and a lsuch char8es will be recovered from any ofthe:vailable vendor bils with BNEL.

PackaEins and disoatch:The Seiersha lpackage the goods safey and carefuly and packthenr suitaby n

all respects considering the peculiarity ofthe materialfor normals.fe transpon by sea /An / Rail/ Road

to its destination sultably protected against loss, damage, cotroslon in transit and the effect oftroptcalsa tladen atmosphere. The packages sha I be provided with fixtures / hooks and slins marks as may berequiredforeasy and safe handllng. lf a ny consignment .eeds specialhandling instrudlon, the same shallbe deariy marked with standard symbo s/ instructio.s. Hauardous materialshould be notifled assuch andtheir packing,transportation and other protectioi mustconformto re evant regulations. ,

The packins, shippins, storase and processins ofthe goods must comply with the prevailing lesislation andregulations concernlng safety, the environment and workinB conditions. Any lmported/Physical Exportsite ms packed with Ew / solid wood packing materia sh ould be treated a s pe r rsPM - 1s (fum i8ation) a ndaccomp2nied by Phytosanitory / Fumi8ation certficate. lf safety information sheets (MsDs, MaterialSafety Data Sheet) exist for an item or the packaging, vendor must provide this information without failalongwith the consisnment.Each package mun be marked with Consignee name, Purchase order number, Package number, crossweight and netweisht, dimensions (Lx B x H)and Selle/s name. Packirg list ofgoods irside each packase

with PO ltem iumber and quantity must also be flxed securely oltsidethe boxto indicate the contents ofeach box. Ioklnumberofpackages in the consienmeit mustalso be indicated.Separate packing & identification of items shou d be asfo lows.1. Maln Scope Allitems must be taggedwith part no, & item descripUon,2. Commissioning spa res - Allitems mln be bgged with part no. & item description.3. Mandatoryspares A lltems must be tagged with part no, & item descripUon.

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7)

13.

14,

15.

L6.

18.

Assisnment of Rishts & Ob isations: Subcontractins: Ve.dor is not permitted to subcontract the deliveryor any part thereofto third pany orto assign the riShts and oblications rcsulting from this aSreement n

whole or in part to third parties without priorwritter permission trom BHEL. Ary permisslon orapprovalgiven by the BHEL sha l, however, not absolve the vendor ofthe responsibi ity of his obligatiois urderthe

Proqress report: Vendor shall render such repoft as to the prosres of work and in such form as may becalled for by the concerned p!rchase officer from time to time. rhe submission and acceptarce of such

repo.ts shall not prejrdicethe rishts of BHEL ln any manner.

Non-disdosure and lnformation obllsatiors; Veidor shall provide with all necessary informationpertaining to the goods as it coud be of importarce to BHEL. Vendor shal not reveal confidentiainlormation that may be divulged by BHEL to vendor's employees not lnvolved with the tender/contr:ct& its execution and delivery or to third parties, unless BHEL has agreed to this in writing beforehand.Vendor shall not be entitled to use the BHEL name in advertisements and other commercia publications

without prior wdtt€n permissionfrom BHEL,

cance larion / Termination of contract: BHEL shall have the riSht to complet€ly or panjally terminate theagreement by means of writter notice to that effect- Termination of the contract, for whatever reasor,shall be without prejrdice to the rishts of the parues accrued under the Contract up to the time of

BHEL shall have the right to canceforedose the Orderl ContEct, wholy or in part, in case it is

constrained to do so, on account ofany decline, dlminution, curtal ment or stoppage ofthe business.

Risk Purchase Clause: ln case of falLure of suppier, BHEL at its discretion may make plrchase ot themarerials / services NoI supplied / rende.ed in time at the RlsK & cosT of the suppller. under such

situation, the supplier who fails to supply the goods in t me shall be who!ly liable to make sood to BHEL

any lo$ dueto risk purchase.

ir case of items demanding services at site lke erectio. and comiriss,oning, ve.dor should send hsservicemen /reDresentatives within 7 days from the seruice call. n case a vendor fai s to attend to theservice ca , BHEL at its discretion may also make arrangements to attend such seruice by other panies atthe RtsK& €ost ofthe supplier, Under such situation the supplier whofails to attend the setuice slal be

who ly liable to make good to BrEL any loss due to risk purchase / seNice irduding additional handlinscharses due to the change.

shortases: n the event of shortage on re.e pt of eoods andlor on openiig of packages at site, all such

shorta€es shal be made good within a reasonabe time ihat BHEL may allow from such intimaton andfree of cost. ln case BHEL raises an lnsurance claim, tne cost of materla limlted to insurance settledamount ess haidlingchargeswi I have to be reimbursed bytheSupplier.Transit Damaees: In the eveni of recelpt of goods in damaged cond:ton or hav ng found them so uponopen ns of packases at site, Slrpplier shall make sood of al su.h damaSes within a reasonable iime komsuch int mation bv BHEL, lncaseBHELraisesanlnsurancecaim,the.ostofmateda lirnited to ins!rancesett ed amount less handling charges will be reimbu6ed.

Remedial work: Notwithstanding any previous test or certificauon, BHEL may instrud the vendor toremove and replace materia s/soods or remove aid re-execute workrservices which are not in

accordarce with the purchase order. Similary SHEL may ask the vendorto suppy materiah or to executeany seruices which are ursently requked for any safety reasons, wh€ther arising out of or because of an

accide,rt, unforeseeable event or otheMise. rn such an event, Vendorshall provide such setuices within a

reasonabletime as specified by BHEL.

lndemnitvCalserVendorshallcomply wlth allapplkable safety regulationsaidtake careforthesafetyofall petsons invoved. Vendor B luly respors be for the safety of its personnel or that of h6subconnacto/s men / property, dLrng execution of the Purchase order and related services. Alsratutory payments including PF, Esl or other related char8es have to be borne by the ve.dor. vehdor s

fully respons ble for ensurinB that all lesalcomp ia..es are followed in couue ofsuch emp oyment.

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20. Product lnformation. Drawinss :nd Documents: Drawirgs, t€chnicat documents or other technicatinformation received by Vendor from BHEL or vice versa shall not, without the consent ofthe other party,be used foranyotherpurposethanthatforwhich they were provided. They may not, without the conse.tofthe Disclosing party, otheruise be used or copied, reproduced, transmitted or conrmunkated to thirdparties, A I information and data contained in general prodLct do.umertation, whether in etectronrc orany other form, arc binding only to the extent that they are by reference expressly inctuded in the

Vendor, as per asreed date/s but not later than the date of delivery prcvide free of charge informationand drawings which are nece$aryto permit:nd enable BHELto erect, commission, operate and matntainthe product. such infomation and drawirgs sha I be supplied in as many numbers of copies as may be

Allintelle.tual properties, inc udins deslsns, drawinss and product information etc. exchai8ed durinstheformation and execution ofthe Contractshallcontiflueto be the propertyofthe disdosiig party.

21. lntellectual Propertv Riehts, Llcenses: lf any Patent, design, Trade mark or any other inte tectuat propertyrlghts apply to the delive^/ (goods / related seryice) or accompanvins documertation shal be theexduslve property of the Vendor and BHEL shall be entitled to the esat use thereof free of charse bymeans of a non-exc usive, worldwide, perpetual license. All inteliectual property rights rhat arise durtngthe execution of the Purchase order/ contrad for de ivery by vendor and/or by its emptoyees or thndparties invoved by the vendor for performan.e of the agreeme.t shalt belons to BHEL. vendor shattperfom evertdh in8 n ecessary to obta i. or esta blish the above me ntioned rishts. The vendo r gla ra rteesthatthe dellvery does not infringe on ary ofthe irtellectual propertv rishts ofthird parties. The Vendorshall do eveMhing necessary to obtain or establish the alternate a.ceptable arrangement pendingresolution ofany (alleged)claims by third parties. The Vendorshall irdemnit EHEL against any (atteged)

caims by third parties i. this regard a.d shall reimbuBe BHEL for any damases suffered as a resut

22. Force Maierre: Notwithstandin€ anything contained in the purchase order or anV other documentrelevant thereto, reither party sha I be liable for any failure or delay in performance to the exrent saidfailures or de ays are carsed by the "A.t of God" ard occutring wthout its fau t or restisence, provtdedthat, force majeure willapply only ifthe failure to perform could not be avoided by the exercise of duecareand vendordoirg eveMhins reasonably possibeto resume its performance-A party affeded by an event of force majeure which may indude fire, tempesL foods, earthquake, riot,war, dama8e by aircraft etc., shal give the other party written notice, with full derails as soon as possibteand in any event not aterthan seven (7)ca endar days ofthe occurence ofthe cause relied upon. tf forcemajeure applles, dates by which performance ob igations are schedrled to be met will be extended for aperiodof timeequa tothetimelostduetoanydelaysocaused.

Notwithstanding above provisions, ir an event of Force Majeure, BHEL res€rves for itse fthe right tocancel the orde r/ cont ct, who y or pa.tiy, in order to meet the overa ll projed sch edule a nd ma kealternative arrangements for cornp euon of deliveries and otherschedules.

23. Guarantee / WarranW: Wherever required, and so pro!ided ,n the spe. f.ations / PU(haser Order, theSeller shall guarantee that the stores supplied sh:l comply wth the spectfications tatd down, formaterials, workmanship and performance. Un ess otheMise specified, suaranree / waiianty pertod shaIbe 30 months:fterthe date of de ivery of goods or 24 monthsfrom the date ofcomm ssioning ofsoodswhichever is e.rLier. The slarantee / waranty perlod asdescribed above shallapply afresh to repaced,repaired or re-executed parts of a de ivery. Unless othetuke specific.ly provided in the purchase Order,Vendor's liab lity shall be co terminus with the expkation ofthe applicable suacntee / waranty period.

24, Limitation ot Liabiltv: Vendor's liability towards thls contract is mlted to a maximum of 100% of thecortract value and consequentialdamages are excluded. Howeverthe imits of liabilitywilhave no effectin cases of c rirnlna I oeslisence or wilful misconduct.The total liabilty of Vendor for all claims arislng out of or relating to the peformance or breach of theContractor use ofany ProductsorSeruicesorany ordershallnot exceedthe totalContractprice_

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page 6 of7

Liabl itv durins euarantee / warantv; Vendor sha I aran8e reptacement / repan of a[ the defect vematerials / se ices urder its oblisauon under the slarantee / waranty period. The rejected goods shaIbe taken away by verdor and replaced / repaired. tn the event of the vendo/s failure to comp y, BHELmay take appropriate adion includine disposal of rejections ard replenishment bv any other sources arthe cost and risk oithe vendor.ln case, defects attributable to vendor are deteded during first time commissio.ing or use, vendor shattbe respo.sible for rep acement / repair of the soods as requlred by BHEL at vendor's cost. tn att suchcases expiry ofsuacntee / wamnty wi lnot be applicab e.

Liabilitv after suarantee / warranW oeriod:At the end ofthe guarantee / wairanty, the Vendor,s iabiityceases except for latent defects (latent defeds are defects / performan.e tssues notices after theguacntee / wararty has expired).Ihe Cortrador's liablity for laient defects wa(antyforthe piant aidequipment includlng spares shall be limited to a pedod of six months from the end of the BUarantee /wararty period of the respecuve plant and eqlipment inc!di.E spares or first time commission swhkhever is later but not laterthan 3 (three)yeaE from the date of shipment.

Compliance with Laws: Vendor shal, in performing the contEc!, cornpy with all applicable laws, Theverdor shall make all remittances, give all notices, pay all taxet duties and fees, and obtain att permitgkencesand approva s, as requned bythe laws in reation to the execution and completion ofthe contract

and for remedying ofany defectsj and the Cortractor sha lindenrnifyand hold BHEL harmless asainst andfiom the corsequences ofanyfailure to do so.

Settlement of DispLtes: Except as otheMise specificaly provided in the P!rchase Order, decision of BHELsha I be blnding on the vendor with respect to a I questions relating to the interpretation or meanins ofthe terms and conditions and instuctiors herein before mentioned and as to the completion ofsupplles/work/seruices, other questions, caim, right, matter or thtngs wh.tsoever in ary way arising outof or relating to the convact, instructions, orders or these co nditions or otheruise conceming the suppiyor the execution or fallure to execute the order whether arisirg drrinB the schedule of supply/work orafterthecompletionorabandonmentthereof. Any disputes ordifferences arnongthe parties shat totheextent possible be settled amicably between the partiesthereto,faiins which the disputed lssues shal besettled through arbitrauon, Vendor shall continue to perform the contact, pendtng sentement of

Arbitation Clause: ln case amicabe settement is not reached in the event of any dispute or differenc-.arising out of the execution of the Contract or the respective rights and iabiities of the parties or inrelation to interpretation of any provislon ir any manrer tou.hirg upon the Contrad, such dispute ordifference shall (except as to any matte.s, the decision of which is specificatty provided for thereir) berefetred by either pady to the soe arbitration of an Arbitrator appointed by the Executive Dkedor/Ge.eralManager ofthe purchasins univ region/ divisior of BHEL. vendor shall have no objedion even iftheArbitratorso appointed ls an employee of BHELoT hasever deir/ had to dealwith any matterretatin8

subjed as aforesaid the provisio.s of th€ Arbit6tion and conciliation Ad, 1996 of tndta or any statutorymodlfication or re enactment thereof and the rules made there underand for the time being ir force shaIapply to the arbitraUon proceedines under this dause. tt is a term of contrad that the party initiatinsarbitration sh.l specify the dispute or disputes to be refered to arbitration under this clause togetherwith the amourt oramounts claimed in respect of each such dispute.Ihe venue for the arbitration sha I

be Bangalore,lndia.Ihe award ofthe arbitrator shal be a speakinB award and sha I be fina , conclusiveand bindins on all parties to this contract.The cost ofarbitration shallbe borne equally by the parues. Notwithstandingthe existenceofanv disputeor difference or any refere.ce for the arbitration, the vendor shall proceed with ard conrinue withouthindrance the performaice of the work under the contracr with due diiEen.e and expedition in d

Applcabe Laws a.d lurisdictio. of Cou.ts: Prevaiing rndtan laws borh substantive and procedurat,incudi.g modifications thereto, sha govern the Contract. Subject to the coiditions as aforesaid, thecompetent courts in BANGALORE alone sha lhavejurisdiction toconsider over any matt€rstouchins upon

30.

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General Terms: That any non exercise, forbearance or omission of any of the powers confened on BHELard /orany of its authoriues wi rot in any mannerconstirutewaiverofthecorditions hereto contained

rhatthe headings used ir this asreementareforconvenience ofreference only.Thatal noti.es etc., to be given underthe Purchase order sha lbe in writin& type script or printed and ifsent by reglstered post or by courier seruice to the address given in this document shall be deemed tohave beer serued oi the date when in the ordinary course, thev woud have been delivered to the

a!!!x!-E!jrTIST OF INTERITATIONAT GATTWAY AIRPORTS

tor anbased consienment, terms of delivery will be on FcA basis lrom lollowins listed airporti only.rhis list isulid from 01.03.2013 to 28.02.2015.vendore are requested ro verify thir lirtloruse after24.O710L_

ANNEXURE - II

DISCREPANCY IN WORDS & FIGURES - QUOTED IN PRICE BID

Following guidelines w:ll be followed in case of discrepancy in words & figures quoted inprice bid:

(a) It in the pr;ce structure quoted for the required goods/services/works, there is

discrepancy between the unit price and the total price (which is obtained by multiplying theunit price by the quantity), the unit price shall prevail and the total price correctedaccordinSly, unless in the opinion of the purchaser there is an obvious misplacement of thedecimal point in the unit price, in which case the total price as quoted shall govern and theunit price corrected accordinBly.

(b) lf there is an error in a total corresponding to the addition or subtraction of subtotals,the subtotals shall prevail and the total shall be corrected; and

(c) lf there is a discrepancy between words and figures, the amount in words shall prevail,unless the amount expressed in words is related to an arithmetic error, in which case theamount in figures shall prevail subject to (a) and (b) above.

(d) lf there is such discrepancy in an offer, the same shall be conveyed to the bidder withtar8et date upto which the bidder has to send his acceptance on the above lines and if thebidder does not agree to the decision of the purchaser, the bid is liable to be ignored.

ANNEXURE-IIIGUtpEt-tNEs FoR RE G;;toN pRocEpuRE

Again-st rhrs enquiry for rhe subiect hFn/

*i::::#i, ff rff ffi#JilTx,,,i,,",#irljil#:lti :,""*#fiJgl[il For the proposed reverse auction. ter

, De-etrgible to participate. rhnicallyand commercialy acceptable bjdders ontyshalJz. rn_o,se bidders who have given rhek

n::;;u:il*i:;rfi ilt*Til:iirlytfi ::1,i"fi :,xl.i,"ff ,l,l:

, ;ii:li: ffi:iltl,H,l;:; r*H:mj;i{:ir, .,;Tr;:':i,tri?:r::TJ::,li.:J 6hrl wlll enpape rhp -a^,;-^- -.o _".*,i,"",r" o*o," #:il;#:;T,lf: ffi ;:."fl ,::::1" " ^ecessary ka jnins{, rn c;se of reverse auction, BHEL wi,;

. enable rhem to conta";,";ir:1"-0" ''" the biddeA the detairs or service prov,der to,, EUsrness rules ltle event date ri... mru::.,^,f:';':'J,.i1l?,i}i;,.i|1"decrement,

extension etc arso wirr be, . _-,, ,,ors tu rd{ rne Lomolian.e f^f

,. i;1fl::lLl*"",::qffiijfl:;j:# i^:l"J*:frt or Reverse auction wjthout this, the

;; r,rH ; r*ih#liqt;,5H ::jiffi ,iT*zu,,;;;.;

compJrance to eUrL,,rnA".a Co;r;.,^

en.ole them to fi -jn the price ana r"*;;iii'j"":,..::i]Jltl:,^"J.,,[f 3"ri1,,":t"fliit#iff ,:",::::"".,.,""10. rhe Jowest bidder hds ro fdxle majl rhe d,,rv (i"oreakup includ;ng rhdr of ttr" rr".,, ,f *""11_"'11ano

nxed-i') prescr;Ded formar for Dr(e

, ' lj::';I;Ji'j.'.Y,'":"u'^, "* Jo,,i." ,iii;T;:irded on case'to'case bd<; to serviLe

,, i# !,ii.'.,,.,:l ^#':i il"f ::"J.T# fl".':::':Jfi ,T: Hf 1;i&3, T:

,,,fr,"+};l t1ffi ftil#-l: ,.t+j:Iji:,,:ffi ilf :;:::Tl lolTlon or anv k,"'' ,;;;,; ;;'fl::::nd

to_be ,nvorved in p,,ce man,pu,arron/

. ;:ffi "";ff:j- "" *,,'""i

"""; J" il;H: ilil:i':1Ti,:'ffIl1,1lj1;

"': iir""11,1i;""' not divulse either his Eids or any other exclusive detaih of BHEL to any15. ln rase BHEL decides to go for revckA,,,

"",,n" ."""a,,ai.t,."";;;:l iiliiil ililll"I;iJ"Hn:,J::::*",e ,s h,she\r in

ANNEXURE.IVElectronic FundsTransfer (EFn OR

Pavlink Dkect Credit Form

Pea* Flluplhefom in CAPITAL LETTERS onlyryPE OF REOUEST(TICk one) _CREATE _ CHANGE

BHEL Vendor / Supp ier Code:

Pemaneil Account Numbe(PAN):

5 Account Type: Savingvcash Credil6 9 Digjl Code NumberofBank and branch

appearing on M|CRcheque issued by Bank7 Bank IFSC Code(applieble for NEFr )I Bank IFSC code(appl@ble for RIGS)

c

D

lany--------------- P NcoDE

( ndian FinancialSyslem Code)

Teephone No. wllh STD Code

lhereby @diylhal the parliculars given above are ttue, corect and compieleandlhal l, as a represenlative for lhe above named Company, heEbyauhonse BHEL, EDN,Ba.ga ore lo eleclronica ly deposri paymenls lo lhe designated bank account.llthe lransaclion is delayed or nor effecred ar allfor reasons ofincomp ere or trcotrecliolomalion, I would nolhod BHEL/lransledng Bank responsble.This aulhonly remains in fulliorce u.lilBHEL, EDN,Bangalore €@ives Minen not fi@rionrequesting a cnange or cance lationlhave read the conlenls oI lhe covenng lelter and agree lo discMrge lhe respons biityexpected ol me as a participanl under ECS / EFT

we confm thatlhe bank derais glven above are corEct as per our records

Date ( ..... ....... )Pla.e Sqnature

Bha.ath Heavy Eleclr cals Ltd,

E eclron € Divsion,lMyso.e Road,BANGALORE.560 026ln ese of any Querry please cail @n@rned pu.chase execulive.

ANNEXURE - VPRESENT PROCEDURE FOR SAI.E IN TRANSIT (HIGH SEA SALES)

ln case of High Sea Sales, vendor should submit following documentsi

1. ORIGINAL HIGH SEA SAIES AGREEMENT. Sale a8reement (on Rs. 200/ non-judicial stamp paper & notarised with 2

witnesses with identity) has to be signed between BHEL and the party importingmaterial. The date of the sale documents should be in between the date of HouseAir Way Bill/ Bill of Lading and before landing of the goods in tndian origin.

. The date ofthe stamp paper should be prior to the Air Way Bill / Bill of Ladinedate.

. Following shall be included in the High Sea Sales Agreement:,.IHE

BUYER ALso UNDERTAKE DISCHARGES, THE OBLIGATION AND FULFILTMENTOF CONDITIONS, IF ANY, ATTACHED TO THE IMPORIATION, ASSESSMENT ANDCLEARANCE OT THE GOODS IN TERMS CUSIOMS TARITF ACT 1975, THE CUSTOMSACT 1962 & RUIES & REGULATIONS MADE IHERE UNDER AND OTHER RELEVANTACIS, ORDERS, NOTIFICAIIONS".

2. ORIGINAL INVOICES: INDIGENOUS RUPEE INVO|CE & FORflGN CURRENCY tNVO|CE. Prices should be C.l.F., designated ahport/seaport basis.. l-E.C., C.S.T., K.S.T. Nos. to be mentioned.. Description of item (Nomenclature), Unit & euantity in both the Foreign Currency

& the lndigenous lnvoice in Rupee shall be exactly as per purchase OrderDescription of item, Quantity and Unit. The lndigenous lnvoice value shall beexactly as per Purchase Order value.

. Seller should Bive Foreign Currency tnvoice from the original consignor. TheForei8n Currency lnvoice value should be at least 2% (two per cent) less than thelndigenous Rupee lnvoice value in equivalent foreign currency,

4, ORIGINAL HOUSE AIR WAY BII.V BILI. OF I"ADING. The sale agents should duly endorse House Air Way Bill (HAWB) for air shipments

or original Bill of Lading (O-8.1.) for sea shipments and Foreign Currency lnvoice infavour ot BHFI tDN

5. ORIGINAL CARGOARRIVAL NOTICE FROM FORWARDER.

6, ORIGINAL DELIVERY ORDER ISSUED IN NAME OF BHEL-EDN.

7. ORIGINAT PACKIN6 LIST.

8. A TETTER TO THE COMMISSIONER OF CUSTOMS FOR EFFECflNG ABOVE SALE.

9, A LETTER TO THE DEPUTY ASSESSOR (OCIROI) FOR EFFECTING ABOVE SAI-E INFAVOUR OF 8HEL,

REMARKS: ln case vendor needs any clarifications on the above, the same may be soughtin writing.

Nationalised Banks Nationalised Banks

7 Allahabad Bank 19 Vijaya Bank

) Andhra Bank Public Sector Eenks

Bank of Baroda 20 IDBI

4 Canara Bank Foreign Banks

5 Corporation Bank 21 ClTl Bank N.A

6 CentralEank 22 Deuts€he Bank AG

7 lndian Bank 23The Hongkong and Shanghai BankingCorporation Ltd- (HSBC)

8 lndian Overseas Bank 24 Standard Chartered Bank

9 Orienlal Bank of Commer.e 25 The Royal Bank ofScotland N.V.

10 Punjab National Bank 26 J P Morgan

11 Punjab & sindh Bank Private Banks

12 State Ban k of lndia 27 Axis Bank

13 State Bank of Hyderabad 28 The Federal Bank Limited

14 Syndicate Bank 29 HDFC Bank

15 State Bank of Travancore 30 Kotak Mahindra Bank Ltd

16 UCO Bank 31lClClBank

17 Union Bank of lndia 32 lnduslnd Ba.lk

18 lJnited Bank of lndia 33 Yes 83nk

Annexure-VlBHEt MEMBER BANKS (tIST OF CONSORTIUM BANKS)

BANI( GUARANTEE (BG) SHALI" BE ISSUED FROM THE FOI.I.OWING BANKS ONLY:

Note:. All BGs must be issued from BHEL consortium banks listed above.. BHEL may accept BG from other Nationalked Banks also which are not listed above.. BG will not be accepted from Scheduled Sanks and Co-operative Banks.. ln case BG is issLred from a bank located outside lndian territory and is issued in

foreign currency, the 8G must be routed through and confirmed by any one of theabove mentioned consortium banks or any of the lndian pub,ic Sector Banks.

. This list is subject to changes. Hence vendors are requested to check this list everytime before,ssuing BGs.

Page I of3

ANNEXURE-VII

PROFORMA OF PERFORMANCE BANK GUARANTEE(For Bank Guarantees issued in lndian Rupees by Banks in India)

Note:

To be executed in Rs. 100/- Non-Judicialstamp paper.

To be submitted by issuinB bankto Purchase Dept- directly. Pleasegive BHELaddresstobanker.

Do not enclose with Bank document.

lvlodifications and additions/deletions to this BG format are not permitted.

PERFORMANCE GUARANTEE (PROFORMA OF BANK GUARANTE:}

Ref no: (BG No.)

THIS DEED OF GUARANTEE made and executed on the day of(month & Vear), by the (8ank), registered under the Companies Act1955/Nationalised Bank constituted under the Banking Companies (acquisition and transfer ofundertak;ngs) Act constituted under the !&&g Bank of l!i&t / Subsidiary Banks Act, having its registered/ head office at represented herein by its Branch Manager /author;sed representatives & Sri. (Hereinafter €alledguarantor'which term shall mean and include its suc€essors and assigns)

IN FAVOUR OF BHARAT HEAVY ELECTRICAI.S LIMITEO

(Buyer's Name), a company registered und€r thehaving its registered office at BHEL House at Sir; Fort, New Delhi-110 049 and itsMysore Road, Bangalore - 26 thereinafter refer.ed to as the 'Company' Whichsuccessors and assigns):

companies Act, 1956Electronics Division atterm shall include its

Whereas the company has placed an order on (Stat€ thename of the company / firm and its address) (hereinafter refered to as the 'supplier' which term shallmean and include its liquidators, successors and assign) for the supply o, system under order / ContractNo Dtd

AND WHEREAS the supplier has agreed to supply the materials and carryout the works as detaited andin accordancewith thetermssetout in the said order/contract,

of3

AND WHEREAS the company is not requiied to pay to the supplier a sum of Rupees being the l0%of the value of the goods supplied / Works performed / Services rendered under the said order / contractbetween the supplier and the company, tillthe company is satisfied with the mechan,cal Warranties andthe performance standards stipulated in the said order / contract between the €ompany and the supplierhas been duly fulfilled, except, against a Bank Guarantee for the said sum of Rs.

of the company by reputed Bank, in which case the company has agreed to make payment to the supplierof the said sum of Rup€es

1) That during the period this contract of Guarantee remains effectual, the guarantor shall be liable inrespect of the amount due and owing to the company in respect of the payments to the extent ofRs_ (in words)

being (10%) of the value of the eoods supplied /Works performed / S€rvices rendered under the agreement between the supplier and the company and theGuarantor has at the request of the supplier, agreed to furnish this 6uarantee subject to the terms andcondilions stated below :

NOW THIS DEED WITNESSES THAT lN !ursuance of the above said agreement, the guarantor hereby agreesand covenants with company is as follows:

against any loss oa damage caused

to or suffered by the company by reasons of any breach of the terms of the said order / contract /Agreement by the supplier

2) The Guarantor hereby undertakes to pay the amounts and payable under this guarantee withoutany demur, merely on demand from the company intimating that the amount claimed is due by wayof loss or damage caused to or suffered or would be caused or suffered by any terms contained in

the said order/contract. Any such demand made on the guarantor shall be conclusive as regards theamount due and payable by the Guarantor irrespective of the fact whether the contractor/supplieradmits or denies.

3) The Guarantor further agrees that th€ agreement herein contai.ed shall lemain in force and effecttill all supplies to be made /works to be pertormed / services to be rendered unde. the said order/contract /agreem€nt are completed to the entire satisfaction of the company or till conpanycertifies that the termsand conditions ofthe said order/contract agreement hav€ been fullyand

4)

s)

6)

Page 3 of3

properly carried out by the said supplier and accordingly discharges the Guarantee. Unless a

demand or claim under this guarantee is made on the guarantor in writing on or before the expiry ofclaim period indicated in clause 6 below, the guarantor shall be discharged from all the liabilityunder this guarantee thereafter.

The Buarantor further agrees with the company that the company shatl have the fullest libertywithout the consent of the guarantor and without effecting in any manner the obligations of theguarantor hereunderto vary any oftheterms ofthe said order / contract / agreement or extend thetime of performance by the said supplier from time to time or refrain from exercising the powerexercisable by the company a8ainst the said supplier or to forebear or omit to enforce any of theterms and conditions relating to the said order/ contra€t/ agreement, and the guarantor shallnot berelieved of its liability in whole or in part, by reason of any act, commission or forbearance on the partof the company oa by reason of any such variation, or extension being granted to the said supplier orby reason of any such matter or thing whatsoever which under the law relating to sureties would butfor this provision have effect ofso relievingthe guarantor.

The guarantor undertakes not to revoke this guarantee during its currency except with theprevious consent ofthe company in writing.

Notwithstanding anything herein above obtained, the liability of the guarantor under these. The guarantee shall be in force till its expiry on

unless a demand is made on the guarantor within SIX months from the date ofexpiry, all the liability of the guarartor under this guarantee shall stand fully discharged. Thedecision of the claimant in regard to breach of contract is final and binding on the Bank.

lN WITNESS whereof, the guarantor, acting through it authorised representative has executed this deedof Guarantee on the day, month and year first above written,

Presents is restricted to Rs.

(Sealofthe Bank to be affixed)For & On behalf oI_Bank

Signature of aulhorized person withseal & designation

WITNESS:

1.

)

ANNEXURE-VIII

PROFORMA OF PERFORMANCE BANK GUARANTEE(For Bank Guarantees issued in Foreign Currency by Banks located outside lndia)

BANK NAME AND ADDRESS

Electronics DivisionBharat Heavy Electri.al Limited (B.H,E,L.),

Mysore Road, P.B. No.2505,Bangalore- 560 026

Dear Sir,

WHEREAS

Date

Sub : CONTMCT PERFORMANCE GUARANTEE Ref no. ........-..-..--....-........

you have entered into a contract reference No & PO NO.

amount;ng to

equipment supplied, We

order No.

with M/s having its registered office atfor the supply of as detailed in your purchase

which is hereinafter referred to as "the said contract" and WHEREAS M/shas undertaken to produce a Bank Guarantee for lb% (Ten percent)

contract pflce(_

the

i to secure its obligations to Electronics Division,having its registered office at New Delhi for the performance of the contract including the warranty

BH EL

of theBank,

hereby expressly, irrevocably and unreservedly undertake andguarantee as principal obligors on behalf of M/s that rn the event BharatHea\,y Electricals Ltd. (B.H.E-t.) declares to us in writine that M/has not fulfilled any obligors according to the contractual obligation of the said contract, to pay you ondemand and without demur to Bharat Heavy Electricals Ltd., Electronjcs Division, Mysore Road, p.B.No.

2606, Eangalore - 560 026., lndia an amount of(in words subject toas may be determined below:

Notwithstanding any rightdisputes raised

may have directly against or anvM/s.by M/s.

Your written demand shall be.on.lur,veevidence to us that repayment is due under the terms ofthe said contract and shall be binding on

2. We shall not be dischar8ed or released from this undertaking and Guarantee by any arran8ements,variations made between you and M/s. with or without ou.consent and knowled8e or by any alteration in the obligatiors of M/s. byany forbearance whether as to payment, time, performance or otherwise.

3. This guarantee shallremain valid untiltheend ofsix monthsafterthe close ofthe warranty periodor untilthe same is reported by BHEL to us whichever is earlier.

4. We agree and undertake not to revoke this guarantee durang its validity unless discharged in writingby you subject to the provision of clause (7) below :

5. This Buarantee shall be a continuinS guarantee subject to the foregoing and shall not be dischargedby any change in the constitution of the Bank or M/s.

5. This guarantee shall be Boverned by and constructed in accordance with the Laws of:ndia.

7. At any time Bank may render this guarantee n ulland void by paying to Bharat Heavy Electricals Ltd. the full amount bein8

(in words

)

For and On behalf o, BahkBy its Authorised Signatory

Annexure - lXCertificate bv Chartered Accountant on Letter Head

This is to certify that M/s .............

;;;,;;;;;;;;;;;; lfl":;i,1:,"*:i"i::',#;:,iil1#.1(Entrepreneur Memorandum No (Partll dtd ...................................-...

Category: .............................. (Micro/Small). (Copy enclosed).

Further verified from the Books of Accounts that the investment of the company as

on date....................... as per MSMED Act 2006 is as followsi

1. For Manufaatuaing Enterp ses: lnvestment in plant and machinery { i.e., originalcost excluding land and building and the items specified by the Ministry of Smalllndustries vide its notification No.S.O.1722 (E) dated October 5, 2006:

2, For Seruiae Enterprises: lnvestment in equipment (original cost excluding land andbuilding and furniture, fittings and other items not directly related to the servicerendered or as may be notified under the MSMED Act, 2005:

Rs. ......................-.................1acs.

The above investment of Rs. .................................... Lacs in within permissible limit ofRs........................ Lacs for....................-.....................-.........Micro / Small {Strike off which is notapplicable ) Category under MSMED Act 2005.

Date:

(Signature)

Name -Membership Number -Seal of Chartered Accountant

Guidelines for lndian AgentsANNEXURE . X

. Definition of lndian Agent: An lndian Ageni offoreign prinicipal is an individual, a partnership, an

association of persons, a privaie or pubile company, thal carries our speciilc obligation(s) towards

processing oi BHEL tender or finalization or execution of BHEL's contract on behalf of the foreian

supplier.

n case oiyes, vendorto note the following and rep y accordingly

BHCL ahall deal dircdly with foreign vendoas, $fiereve' requiGd, fo' poc{'rement ot

;;;i i;;*r, lhe fore(ln pri;dpal desrles to avarl ot he servrces of a1 lndta't

iqini ft"n rh" io..ign Frcipai should ansure oompl;ace io ragulalory guide ines 'wi1 ct rcqurre mfldalory sta'nisgldl of an &ency Agreerner{

I shaf be incrmbed ol'8le lndian agint and tlte lo,eign pnncrPal to adhere *o lhe

aele\6{ guidetines of Government of lndia issued taom trlrE to Ime

The Aoencv Aareem€nt should specity th€ Precse relalronshF b'iveen the ioreign

OEM /-foreiqn ;rnctpal and uleir lnolsn agent ano their nrJtual 'nte€st n lhe business'

ell senices-to b .enoged by age-ru associate, whe$e, oi generel nalure oI rn relaliLr

ro ttre oartc.tar connad. rnrd b6 de3dy Etatcd b'y the lofsgn suppler/ lnd'an ager{nnu .*.,r,

"rrial n "

agent or assooate teceYes ln lndie or abroad from the oEM

*ti# as o"n".is* ot-a. 5 ger€ral elaner tss shosld be broughl on record in lh€

Agresr6a,t and be rEde explici: ia oader !o ensus @'rgltance to Isws ol ihe co{'"y'

Any agency .o.n.issbn t be paid 5y BHEL to t€ lndran agent shall be ifi hdiarq.r_rEncy o'rly

Tax deduciion al Eoualt is applic&le to the agercy con*llhsion pajd to the lndian

agent as P€r the PreYailirg rules

ln tlle absence of any agenry ag€emenl BXIL shEll rlot dea' witn any :ndian {enli"umorir"A ,"p,""tn*h*s / associate./ consullanl or by wnEtever .larne cellcd) aidsrJt Oeat Ai.ect.y wil] tne fole€r prildpal on y lor all corespondence and bJsrne3s

purloses-

The _GJioeline6lD. rflc,ra1Ag€nls ot Fo'eign Supdl'srr' s'tooseo al anne'u'P -A 5hall

apply in all sudl cases.

The sulp,y and s€.ulion of the Purchass Order linduding indigenors supplies/service) $iall be in $€ scope oflhe OEM/ bnhn g*!ci9al. Tlie OEM/ foreign pinc'palshorld subm.l lha|. ofier inclusive ol all indlgrercus sLipplie, seryic€s and .valuationwitl be based on 'lotal mst to tsHEf. In cae O€t\, toteign pircipal reconxrPndsDlaaement of orde(s) toarads indige cus porUon ot slpplies/ serviles on lndiansnpplie(s)/ agenl on thdr M$lt the c,B&itials/ capacity/ capauliv ol h6 lndians,pplie(s/ 4ent io make llle zupplbt selrles shall be.hecked by EHEL as pe. thegrdant guidelines of $lrp..er Fvaluatio., Approvel E Rel,iew Proced'rro (SEARP),bebre opening of price bids h lhis ragald, totails nay !e ohecked as DerAy)c,1e!e'B(aopy eicJosed) lt $/ifi be ale rerpoilibiIy ot the OEM/ foreign pdndpal !, get

taqualnled with the evduator requirorsl}ts of lndasn supplier/ agent as !e. SEARPavailable on w\r,w. b hel.corn-

Tho reGpoisibilily lor successful axecution of tl€ conira.t (includiag irhj€enols3updbd services) lies with lhe OEl, foteign prinrjpal. Al, bank guarantees lo thisef€ct shell be in the scope ol $e Ogir/ foreon ffirsilai-

Vendor's Signaiu.e with Seal

to

11

22

2.3

guidelines for lndhn Aoents ol Foreion suopliors annerui'{

Th€re shall be ompt llaly trgistBiion of alenls for ail Global lopen) Teid6. afid |fnitedtende.. A. ageni w$o b rot,elishrld with BHEL !ha,l apply fot registradon in th€€ti6Hion tun h llr$ r,rib StAiP

RagisEred agfiB wrll ile a'r aufienDGled Phoaosbt .opy duly anestEd bv a Nolsryqrtl.]Orbrnal cerrficab of lhe Prnopal conlming Ule agercy ag€€ff6n1 aftd gong the

slalus bsng enjoyeo by lhe ag€fllar( he corm6florv rem.ne.alloF/ s€laryr/ reiarnershD

belng p€in !y {ir pri'x*al to the €genl b€iore lha plrc€rnent of ord€{ by IHEL.

Itheaewl $a lndrs0 llplesefitanves lrave conmuatsld on behalf gf lhef painnirals and

lhe luElgn F€.t€r haYr st ted lhat lhey are nol ,aying any cofinrssDn to tne lnd,ar

aoents, ard the indbi reprgsefitatve i9 wqrhng on the bas6 o, slary or as retarner' a

writtel &claaahqn !o lhis eflecl shcub be sub'nltted by th6 pafty (i.e. Panaital) before

fnalllo! lhe order.

Dtrclosur. o, pltldu].B oI.gcnlsl t€pr.6.r*allvaB in lndia, it eir.

T.r*se€ of Foi.ion nauonditv shdl tumish t'le folhl|ing detali in their otret$:

2.1.1 Ihe Bidd.(.)./ Coiilador(si o, 6rei9n .rigtn .hall dMose ltrQ rame 3nd a(tr6ss otlh€aaentd reprlsertatves r hd€ any aDd l\e en.ni ol auho@alon ffd,.rthonty {ivEln@m llle PnnoDals. ln case lie E{enu rgpres€nlstw€ tre 3 toragn conpsrry d snellbeco nfim€d t{h6lh€, it i6 e*ling 60Bpan, *d debih tt lne lanE dEI bc tumished.

? 1.2 Th€ *rolrt d colrll:lirdsv refl,n€..1ion inclu<td It tie q@led p.ie(s) br s.'.1 .gert,rcp€r6rl6li\cs t lri]8

2.1.3 C$fimalion 6f lhE Trhderer lhat h€ cbmrnissior, temurE€tix. it ,ny. letebl€ to hitegerts/ rep'esenlrlives in lndla. lIEy b€ gaid !, EHEL in lndia. R!po€. o.]]

TendeeE o, h!trSElslAnaliu srlal tumlsh ('1e Iolb,,Ying details io lhe[ of,ers

2.2.i Ti€ Bdd.,{!)I Cmlrs.to{r) .l a,rdirn llan,|ality lnsl ttni6h fia ltams and addeta o1lirelorgq') princjg*. it g:y, a{dic3lttu Ulet naliorally a. Nnal .. Oelr 91a1u5 i"e, who|ne.

oanrlrcttl}r o' a!a{* 9, minufadsaf holdi:q n:. kll€. oJ AutFilv of ft P,hdpalspa<t .alay adtoririt! th. .!€.n to n]aL an olto. in lndie ir cpo8e to tgnde. €itherdir.dy o. ftqrgh lhe a!e.,i$/ cF!$srttiv66

2.2 2 The amour{ of c'rni3'io., reniin€rtlion irdudod in $o pnse (r) quqtsd by lhr lend3rcrlor ninsef.

2.2-3 Confr,nalrM ol lhe loeign Pindals oilhc :fldere' ltEl $E t!.nn*eior, €nlne,alin, ilanv. .es€rved ru rne ?s(b6 in tt. qi,oi.d F.e(!t. roy bc Dsij by B.l-L ,1 lnda irRqurrale nl ndar Rup.es on salsfsdo'y cdndetion o, thc arqecl q tupoll€s ol Slo.as 6nd

SpsEs in cas. ol operaton nems

ln ejlle, case, in the evenl af conhact malerd2ing, iha 1enr,5 o, paymeol wil provide ior

E yment or lhe comm6sDrv rEmJneralsn. any oaya e lo l]1e agenty 'epGsenEIves nlndla in lndisn Rupees on €{p ry o' 90 dey. afrer the d,B.h;EE ol lhe oblgEDons urEe- lrt.

lailure lo fumi9h torcct and delailed info.matron as cat€d hr in PaEgraph 2 0 above w'rr'nder the concemed lender liable ta reiection <x in the deut ot. contra.t matenili2ing'ihe sare liable to le.mination by BHEL Besde5 sl1s Srere would be a Pnary ol !6nningbBiness dealings wit BHEL or damag€ or payrienl ol a neaned 3!m

2"O

21

z4

Disclaimer Certificate For Deemed Export Benelits

I, o,trame & Designation) .....on behalfofN4/s. ..... (Name and address ofthe supptieohereby certii, that we have supplied the following goods ro M/s..... (Name and addrcss ofrherecipient):

Description ofgoods Unit Qty. Value

l. We are the manufacturer exporters/suppliers and are registered/not registered with CentralExcise and have not availed and will not avail CENVAT facility in respect oftheinput/components used irl aforesaid supplies. We have a]so not availed and will not availrebate on the inputycomponents used in aforesaid supplies.

ORWe are the suppliers and our supporting manufacturer(s) iVare registered,hot registered withCentral Excise and have not availed and will not avail CENVAT facility in respect of theinputs/components used in aforesaid supplies.

2. We also certify that we have not been issued any Advance AuthorizatioD,Duty Frce ImportAuthorization in rcspect of the aforesaid supplied goods and have not availed any benefitthereon.

3 . We lirther state that we have not drawn nor tvill draw any benefit for deemed export andwe have no objection if M/s...... (Name and address ofthe recipient) draws the deemedexporl benefi& on the supplies mentioned above. (Required tobe given in case benefits areclaimed by recipient ofgoods).

ORWe have not given disclaimer certiflcate to N{/s...... ... (Name and address ofthe recipient)and will not give disclaimer certificate, in future, in respect ofthese supplies for claimingdeemed expo benefits (Required to be given in case benefits arc claimed by DTA suppliers).

EPS BHEL Open Tender ��

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E-procument guidelines