TAMIL NADU ELECTRICITY BOARD. ENNORE THERMAL POWER STATION

TAMIL NADU

TENDER SPECIFICATION

SUPPLY OF SS 316 BALL & SOCKET FOR JOINING OF FLOATING PONTOON PIPE

WITH FLOATING PONTOON FOR DREDGERS NO. 1, 2 & 3 DISCHARGE LINES

SPECIFICATION No. CE-2542 DUE ON : 06.11.09

SUPERINTENDING ENGINEER, PURCHASE AND ADMINISTRATION,

ENNORE THERMAL POWER STATION, ENNORE, CHENNAI – 600 057.

INDEX

SL.No. DESCRIPTION PAGE No.

1. INVITATION TO BID 1

2. TERMS & CONDITION 2

3. TECHNICAL SPECIFICATION

3

SECTION – I - INSTRUCTION TO BIDDERS

1 GENERAL 4

2 BID QUALIFICATION REQUIREMENT 4

3 TENDERING PROCEDURE 4

4. EARNEST MONEY DEPOSIT 4

5. EXEMPTION FROM PAYMENT OF EMD 4

6. FORFEITURE OF EMD 5

7. DEVIATIONS 5

8. REJECTION OF TENDER. 6

9. SCHEDULES. 6

10 PERFORMANCE. 7

11 EVALUATION OF TENDER 7

12 AWARDING OF CONTRACT 7 SECTION – II – COMMERCIAL TERMS AND CONDITIONS

1. GENERAL 8

2. PRICE 8

3. VALIDITY OF TENDERS 8

4. PAYMENT 8

5. DELIVERY PERIOD 8

6. FORCE MAJEURE 9

7. LIQUIDATED DAMAGES 9

8. SECURITY DEPOSIT 10

9. JURISDICTION OF LEGAL PROCEEDINGS 10

10 SALES TAX 11

11 EXCISE DUTY 11

12 PACKING 12

13 INSPECTION 12

14 RECOVERY OF DUES 12

SECTION – III –

1. SCHEDULES 13

INVITATION TO BID (Page.1)

For and on behalf of TNEB, sealed tenders are invited in duplicate under Open Tender System (Two part) for the following work:-

1) Description : Ennore Thermal Power Station – Supply of SS 316 Ball & Socket for joining of Floating Pontoon pipe with floating pontoon for Dredgers No. 1, 2 & 3 Discharge lines

2) Specification No. : CE/ETPS/No. CE- 2542 3) Earnest Money Deposit : Rs.30,200/-

4) Last date for Submission & Opening } } }

On 06.11.09 at 14.00 hours. If the due date happens to be a declared holiday, the tender will be received and opened on the next working day.

5) Place of opening of tender : If the Offer Submitted at ETPS: Office of the Superintending Engineer/ P&A/ ETPS, Ennore, Chennai – 600 057

Phone : 044-2575 1240 Fax : 044-2575 1978

If the Offer Submitted at O/O the CE/Mech/Therm. Station/Ch-2:

O/O The Chief Engineer /Mech/Thermal Station,

3rd floor , NPKRR Maaligai, 144 Anna Salai,

Chennai- 600 002.

6) Validity of offer : 180 days from the date of opening. 7) Method of submission of tender : Open Tender System ( Two-part) 8) Number of tender offer copies to be

furnished } }

Two (Original + Duplicate).

9) Clarification to be sought from :

Superintending Engineer/P&A/ ETPS/ Ennore/Chennai – 600 057

10) Cost of tender specification if obtained in person (Non-refundable)

}i) ii) iii)

Rs. 2500 /- for firms inside Tamil Nadu. Rs. 2765/- (Rs.2500/- plus CST at 10.5% )for firms Outside Tamil Nadu. (Additional amount of Rs.100/- to be paid if required by post.) FREE OF COST if the Specification is Downloaded from Website

12) Date of commencement for sale of tender specification

} }

15 days prior to date of opening

13) Date and time of closing the sale of tender

}

12.00 Hrs on 05.11.09

14)

Specification can be had from

1) The Superintending Engineer/Purchase and Administration/ETPS,Ennore,Ch-57. 2) DFC/Tender/TNEB,NPKRR Maaligai, 800, Anna Salai, Chennai 600 002. 3) By down loading the specification from TNEB Web site at free of cost

15) BQR: The tenderer should have Supplied , Ball & Socket to Dredger for a value of not less than Rs.7.5 lakhs (Rupees Seven lakhs and Fifty thousand) in a single order to TNEB / PSU / Government Organizations / Other SEB’s within a period of last five years. Attested copy of the P.O. should be enclosed along with the enduser certificate. In case the supplier has executed P.O. to TNEB, the enduser certificate shall be obtained by the concerned order placing authorities before placing order.

Phone : (044)25750683 Fax No. : (044)25751978 Web site : www.tneb.in

TERMS & CONDITIONS (Page.2)

NOTE : 1) Tenderers shall quote FIRM prices only.

2) Split up details of the prices such as basic price, discounts, excise duty, sales tax, freight

insurance etc. shall be indicated.

3) The tenderer should note that if lower rates for the ordered materials are offered to

other Government / Non- Government Organisation within 12 months from the date of issue of P.O.,

the same benefit should be passed on to TNEB also.

BQR:

The tenderer should have Supplied , Ball & Socket to Dredger for a value of not less than Rs.7.5 lakhs (Rupees Seven lakhs and Fifty thousand) in a single order to TNEB / PSU / Government Organizations / Other SEB’s within a period of last five years. Attested copy of the P.O. should be enclosed along with the enduser certificate. In case the supplier has executed P.O. to TNEB, the enduser certificate shall be obtained by the concerned order placing authorities before placing order. OFFERS NOT CONTAINING DOCUMENTARY EVIDANCES FOR BQR WILL BE SUMMARILY REJECTED. 4) In the event of the documents furnished with the offer being found to be bogus or the documents contain false particulars, the EMD paid by you will be forfeited in addition to blacklisting you for future tenders/ contracts in TNEB.

5) Where the tenderers are both from the state of Tamil Nadu as well as from outside the state of Tamil Nadu. The TNGST quoted by the Tenderers situtated in the state of Tamil Nadu will be excluded and CST quoted by the tenderes situated outside the state of Tamil Nadu will be included for the evaluation of the offers received to determine the L1 tenderer.

The tender offers shall be submitted in TWO PART double cover system. The wax

(arrakku) sealed Envelope A (outer cover) shall contain, (a) Envelope B - The Price bid in original and duplicate in a sealed cover (b) the demand draft towards EMD / Proof of exemption from payment of EMD along with

undertaking as specified (c) documentary evidence for BQR as stipulated in (4) above. (d) Techno- commercial bid as per specification. Both Outer and Inner Covers ( Envelope A & B ) shall be sealed with wax (arakku), failing which your offer shall be summarily rejected.

The envelope A shall be addressed to the Superintending Engineer/P&A, Ennore Thermal Power Station, Ennore, Chennai 600 057 if the offer submitted at ETPS or CE/Mech./Thermal

Stations, Ch-2 if the offer submitted at the O/o CE/Mech/Thermal Stations and

super-scribed as "TENDER FOR SUPPLY OF SS 316 BALL & SOCKET FOR JOINING OF FLOATING

PONTOON PIPE WITH FLOATING PONTOON FOR DREDGERS NO. 1, 2 & 3 DISCHARGE LINES AGAINST SPECIFICATION NO. CE -2542 DUE ON 06.11.09 to reach on or before the specified date and time. The cover shall contain the sender’s name, address and specification No. in detail. Offers without these details on outer cover and not submitted in the prescribed procedure will not be opened and your offer is liable for rejection.

After evaluation of the Techno – commercial bids, the price bids will be opened as per suitability at a later date after intimation to the eligible bidders.

//2-a//

1.EARNEST MONEY

DEPOSIT(EMD)

Rs.30,200/- (Rupees Thirty Thousand Two Hundred only)

(SSI Units situated in Tamil Nadu are exempted from payment of EMD. Such SSI Units shall submit attested and valid copy of the SSI Registration Certificate along with an undertaking in a stamp paper of value of Rs.80/.. Exemption of EMD for SSI Units shall be allowed only for those items covered in the SSI Certificate. In case of failure to submit the above along with their offer their offer will not be opened but rejected).

2. SCOPE The scope shall be for delivery of the material at the Stores at Ennore Thermal Power Station.

3. DUE DATE FOR RECEIPT AND OPENING OF THE TENDERS. 2.00 P.M. on 06.11.09

4.SECURITY DEPOSIT 5% value of the order in the form of D.D.

5. PAYMENT TERMS 95% of all inclusive price (including Sales tax) of the materials will be paid within a reasonable time after receipt of materials and submission of bills with required documents. Balance 5% payment will be paid within a reasonable time after completion of entire supply.

(In case of delay only 90% will be released initially and balance 10% after completion of formalities and closure of the purchase order.)

6. LIQUIDATED

DAMAGES

0.5% of the contract value for every completed week of delay subject to a maximum of 10%.

7. VALIDITY Not less than 180 days.

8. DELIVERY PERIOD Two months

9. GUARANTEE 12 months from the date of commissioning or 18 months from the date of receipt whichever is later subject to a maximum of 24 months from the date of receipt.

10.TEST CERTIFICATE Tenderers should submit TC in case their offer is considered

11. PAN & STCC To be furnished.

12.PERFORMANCE GUARANTEE

5% value of the order in the form of Bank Guarantee.

TECHNICAL SPECIFICATION (CE - 2542 ,Page -3)

Sl.No. Description Quantity

1. SS 316 Ball & Socket for joining of Floating Pontoon pipe with floating pontoon for Dredgers No. 1, 2 & 3 Discharge lines. As per drawing and Specification Material: SS316

4 Nos.

DETAILED SPECIFICATION

Ball & Socket joints 450 mm dia Nominal Bore with flanged ends suitable for connecting the floating

pipelines of 450mm dia conforming to the dimension given in the drawing . Each set shall consists

of one No. Socket Rear Flange ball with flange Front Ring , Rear ring if necessary and bolt and

Nuts Washer rubber O Ring, Grease nipple etc.

Material : SS 316

I a) SOCKET

1. Material SS 316

2. Working pressure 7 kg/cm2

3. Radius of Curvature 350 mm

4. Angle of Swivel 25 degree on each side

5. Thickness of Socket 35 mm

b) REAR FLANGE

1. Material SS 316

2. Flange Thickness 25 mm

3. Flange outer Diameter 615 mm

4. Pitch circle diameter 565 mm

5. Flange inner diameter 450 mm

6. No. of holes 16 nos

7. Side Holes 27 mm dia

c) FRONT FLANGE

1. Material SS 316

2. Outer Dia 925 mm

3. Inner Dia 700 mm

4. Flange Thickness 40 mm

5. Flange outer Dia 615 mm

6. Pitch Circle Dia 835 mm

7. Flange inner Dia 450 mm

8. No. of holes 4 Nos

9. Size of Eyebolt Holes 45mm x 65mm dia

10. Size of holes 45 mm dia

//4// ANNEXURE

SECTION – I . INSTRUCTION TO BIDDERS 1.0 GENERAL: Sealed Tenders are invited in duplicate superscribed as“(1) Specification No

CE:2542 /ETPS/ 2009-2010 (2) Tenders for Supply of SS 316 Ball & Socket for joining of Floating Pontoon

pipe with floating pontoon for Dredgers No. 1, 2 & 3 Discharge lines

(3) Due date of opening - 06.11.09 2.0 BID QUALIFICATION REQUIREMENT: As per BQR- Invitation to bid (Page 1) 3.0 TENDERING PROCEDURE: As per terms and conditions (Page 2) and

invitation to bid. ( Page 1) PLEASE NOTE THAT: a) Tenders delivered in person/courier shall be handed over to the Executive

Assistant to Superintending Engineer/P&A/ Ennore Thermal Power Station, Ennore, Chennai – 57, If the Offer Submitted at O/O the

CE/Mech/Therm. Station/Chennai-2:

The Chief Engineer /Mech/Thermal Station, 3rd floor , NPKRR Maaligai, 144 Anna Salai,Chennai- 600 002

before the due date and time. b) Tender will not be accepted after the due date and time. c) Tenders received by post after the prescribed time and date will be immediately

returned to the tenderer. d) Tenderers sending their tenders by post are advised to send them sufficiently well

in advance so that the tenders reach the office of the Superintending Engineer / P&A/Ennore Thermal Power station/Chennai-57 If the Offer Submitted

at O/O the CE/Mech/Therm. Station/Chennai-2: The Chief Engineer /Mech/Thermal Station, 3rd floor , NPKRR Maaligai,

144 Anna Salai,Chennai- 600 002

before 14.00 Hrs. on the due date. e) Tenders as well as the enclosures thereof shall be submitted in duplicate and all the

two copies shall be identical. In submitting the tender, the schedule of price and other particulars required shall be furnished as per the format contained in the specification.

4.0 EARNEST MONEY DEPOSIT: 4.1 Intending tenderers should pay an Earnest Money Deposit as specified in invitation

for Bid. 4.2 The Earnest Money Deposit specified above should be in the form of Banker‟s

Cheque or Demand Draft from any of the Nationalised/Scheduled/Foreign Banks with branches in India. The Demand Draft or the Banker‟s Cheque shall be drawn in favour of the Superintending Engineer/Purchase & Administration/Ennore Thermal Power Station/Ennore/Chennai – 57, and payable at Chennai if the offer is submitted at ETPS and in favour of

“TNEB Collection Account” if the offer is submitted at the O/O

CE/Mech/Thermal Station, Chennai-2.The above Demand Draft/Banker‟s cheque should be kept in the outer sealed cover or in „A‟ cover but not in „B‟ cover. Cash or Bank Guarantees are not

acceptable towards Earnest Money Deposit.

4.3 EXEMPTION FROM PAYMENT OF EARNEST MONEY DEPOSIT: a) The following categories of tenderers are exempted from payment of Earnest

Money Deposit . (i) Small scale industries within the state of Tamil Nadu. (ii) Department of Government of Tamil Nadu and undertakings and Corporations

owned by Government of Tamil Nadu. (iii) Labour Contract co-operative Societies. b) he tenderer who is exempted from payment of Earnest Money Deposit, shall furnish

in lieu of Earnest Money Deposit, an undertaking in non-judicial stamp paper of value not less than Rs.80/- in the form enclosed alongwith the tender.

4.4 Small Scale Industries registered within the State of Tamil Nadu and SSI units registered with The National Small Industries Corporation Ltd; shall enclose Photostat copy of their Registration Certificate showing the materials which they are permitted to manufacture and the period of validity of the certificate as proof of eligibility for exemption from payment of Earnest Money Deposit and this should be attached as per terms and conditions mentioned in Page 2.

4.5 a) Tenderers may note that their registration with the DGS & D does not entitle them for exemption from payment of Earnest Money Deposit called for.

b) Undertakings/Corporations and departments of Central and other State Government Departments shall have to pay Earnest Money Deposit.

4.6 FORFEITURE OF EARNEST MONEY DEPOSIT

The Earnest Money Deposit of the tenderer will be forfeited, (i) If he withdraws his tenders or back out after acceptance of the tenders or fails to

remit the Security Deposit. (ii) If he revises any of the terms quoted during the validity period. (iii) If he violates any of the conditions of the tender specification. 4.7 The Earnest Money Deposit will not carry any interest. 4.8 The Earnest Money Deposit of the unsuccessful tenderers will be refunded by

means of a cheque on their application for refund or after intimation is sent to them conveying the rejection of their offer.

4.9 In respect of the successful tenderers, the Earnest Money Deposit remitted by him will be carried over as part of the Security Deposit(SD) payable by the tenderer.

5.0 All information in the bid shall be in ENGLISH only. All corrections, over typing etc. in the tender should be attested.

6.0 Tenderers are advised to post sufficiently early so as to ensure that the tenders reach this office in time. Tenders though posted in time but delayed in transit by post will not be considered, if received late.

7.0 DEVIATIONS: Board will not accept any deviations either in the commercial terms or in the

technical terms of the Tender Specification. Offers with deviation in commercial & technical terms will be liable for rejection.

8.0 OPENING OF TENDER: 8.1 The tenders will be opened at the Office of the Superintending Engineer/

P&A/Ennore Thermal Power Station/Ennore/Chennai – 57, if the Offer is

submitted at ETPS (or) at the O/o CE/Mech./Thermal Stations, Ch-2, if the Offer is submitted at the O/o CE/Mech./Thermal Stations, Ch-2

on the due date and time prescribed in the presence of such of those tenderers who may desire to be present. If the due date for tender opening happens to be a holiday, the tenders will be opened on the succeeding working day.

8.2 The individuals attending the opening of tenders should be duly authorized by the participating firms in the tender.

8.3 Envelope-A of those bidders who satisfy the Earnest Money Deposit requirements will only be opened at the time notified for opening. If the bidder indicates the price in envelope-A the bid will not be read out and be rejected. The PRICE BID

will be opened at ETPS irrespective of the place of submission of Tender and the due date & time of opening of Envelope-B shall be intimated later

8.4 If the tenderer has any doubt about the meaning of any portion of this specification, he should at once submit particulars so that it is received by the Superintending Engineer/P&A/Ennore Thermal Power Station/Ennore/Chennai – 57, 48 hours before opening of this tender.

//6//

9.0 REJECTION OF TENDERS: 9.1 Tender will be rejected if it is: a) Not satisfying Bid Qualification Requirement as per clause 2.0. b) Not in the prescribed form and not containing all the required details. c) Not properly signed by the tenderer. d) Received after the expiry of the due date and time. e) Received by telex, telegram or FAX. f) Not in conformity with Board‟s technical specification and is not given as a

complete system but only in part. g) Received without superscription as prescribed in 1.0. of Section – I. h) With validity period less than that specified in the specification. i) Incomplete and evasive. j) Not accompanied by the requisite EMD or proof of adequate permanent EMD or

proof of exemption or undertaking where EMD is exempted. k) Received from blacklisted contractor or firm. l) Received from a tenderer who is directly or indirectly connected with Government

services or Board‟s services or service of local authority. m) Received from agents or dealers without authorization from Manufacturers. n) Received from any joint venture of firms/companies/individuals or consortium of

firms/companies/individuals.

o) Not accompanied by DD/Banker‟s cheque towards cost of specification, if downloaded from TNEB website.

10.0 Board reserves the right, a) Not to accept the lowest or any tender. b) To divide, split and award orders to one or more suppliers for the item covered by

this specification. c) To relax or waive any of the conditions stipulated in the tender specification as

deemed necessary in the best interest of the Board for good and sufficient reasons. d) To revise the quantity and delivery schedule of any or all the items covered by this

enquiry during the pendancy of the contract. e) To order additional quantity if necessary during pendancy of the contract.

11.0 The tenderers are requested to furnish the exact locations of their office with details of address in their tenders to enable inspection by the Board, if considered necessary.

12.0 The following schedules, Annexures and format are enclosed with the specification for reference and fill up wherever necessary. The tenderer shall furnish all the required details without fail as per the schedules enclosed.

SCHEDULES:

(i) A : Price (ii) B : Technical Specification (iii) BB : Deviation from technical Specification (iv) C : Deviation from commercial terms. (v) D : Past Performance (vi) E : Draft undertaking in lieu of payment of EMD (vii) F : Draft undertaking for payment of dues to TNEB (viii) G : Draft undertaking for legal proceedings jurisdiction (ix) H : Tender Form – Declaration

//7//

13.0 STCC WITH TENDER: The tenderers should enclose with the tender a copy of certificate of copy of Sales

Tax Clearance for the previous year from appropriate authority in the prescribed forms. In the case of proprietory or partnership firm, it would be necessary to produce the certificates mentioned for the proprietor or proprietors and for each of the partners as the case may be.

14.0 SOUNDNESS OF THE COMPANY: The tenderer who is an Industrial company should clearly state as per schedule-H

in his tender whether the company is potentially sick Industrial company or a sick industrial company in terms of Section-23 of Section-15 of the sick industrial company act 1985. Failure to supply this information will make the tender liable for rejection.

15.0 PERFORMANCE: The intending tenderers shall furnish the details of various orders executed by them

during the past years as on the date of tendering in the proforma enclosed to the Tender Specification and also proof for having executed the tendered item and for their satisfactory performance. The details furnished by the tenderers shall be in complete shape and if it is found that any information is found omitted, suppressed, incomplete or incorrect, the same will be taken note of while dealing with the tenderers in future. Tenders furnished by the tenderers without these accompanying details of their past performance are liable for rejection.

The offers from the tenderer whose poor performance was noted will be rejected.

16.0 The purchaser reserves the right to request for any additional information and also reserves the right to reject the proposal of any bidder, if in the opinion of the purchaser, the qualification data is incomplete or the bidder is found not qualified to satisfactorily perform the contract.

7.0 EVALUATION AND COMPARISON OF TENDER OFFERS:

a) The tender clauses of this specification is fully governed as per Tamil Nadu Transparency in Tenders Act 1998 and Tamil Nadu Transparency in Tender Rules 2000.

b) The evaluation shall be included all central duties such as customs duty and central excise duty, freight, insurance, packing, forwarding charges, service tax, etc. but shall be excluded SALES TAX alone if the bidders are from other states and Tamil Nadu .

c) In case discrepancy between the prices quoted in words and in figures, the lower of the two shall be considered. The tenders with quoted price only in figure are liable for rejection.

(i) The quoted price shall be corrected for arithmetical errors. (ii) No deviation from the specification are accepted by the board. (iii) Attempt by any tenderers to bring extraneous pressure on the tender accepting

authority shall disqualify the tender. 18.0 AWARDING OF CONTRACT: The successful bidder will be awarded contract for the supply of above materials to

ETPS stores.

//8// SECTION – II

COMMERCIAL TERMS AND CONDITIONS 1.0 GENERAL: The scope of the contract shall be as detailed in SECTION –III of this

Specification. 2.0 LOCATION: Ennore thermal Power Station of 450 MW capacity is located at 15 kms from

Chennai. It is well connected by road and rail. 3.0 COMPLETENESS OF TENDER: The tender should be complete in all respects. In order that the tenders may receive full consideration, the whole information

asked for in the accompanying schedule and elsewhere together with relative leaflets, literature etc., must be supplied by the tenderer.

4.0 PRICE: Tenderers shall quote FIRM price only as per schedule-A. The quoted price

shall include cost of materials with split up details like customs duty, ED, ST, Forwarding, Packing, Freight, Transit Insurance charges, etc., The prices quoted should be FIRM for delivery FOR ETPS. The successful tenderer shall keep the accepted price FIRM and valid for at least one year from the date of issue of P.O.

4.1 SCHEDULE OF PRICES: May be furnished as per annexure. 4.2 VARIABLE PRICE: If prices are variable, necessary price variation formula together with percentage

ceiling should be furnished . If no ceiling is furnished, 10% will be assumed towards ceiling.

4.3 You have to pass on the benefit to the Board, if lower prices are offered to any other Govt./Private organization within a span one year from the date of receipt of this order. An Undertaking to be furnished.

5.0 VALIDITY OF TENDERS: Tenders should be valid for acceptance for a period of at least 180 days from the

date of tender opening. However, the tenderer shall keep his offer open till such time his tender is either accepted or rejected by the Board/Competent Authority.

6.0 PAYMENT: As per S. No. (5) payment terms in Terms and conditions (Page 2) 7.0 DELIVERY PERIOD: As per S. No. (8) Delivery period in Terms and conditions

(Page 2) 8.0 TEST CERTIFICATE : Test Certificate shall be furnished.

The successful tenderer whenever it is required shall furnish test certificate in triplicate as per the latest issues of relevant ISS /OSS or continental standards or as per the manufacturers standard practice as the case may be to the SE/ P & A/ ETPS for scrutiny and approval. The material will be rejected if the test results are not satisfactory.

9.0 GUARANTEE: The materials supplied by the tenderer shall be guaranteed for satisfactory

operation for a period of 18 months from the date of supply or 12 months from the date of utilisation whichever is later subject to an overall guarantee for 24 months. If during the above period any of materials supplied by the tenderer are found defective in material or workmanship, the same will be rectified or replaced by the tenderer at destination free of charge. The defective materials have to be taken back by the tenderer at his own cost and risk.

10.0 PERFORMANCE GUARANTEE : The successful Tenderer should furnish a Performance Bank Guarantee for 5%

value of order covering the guarantee period of the order and should be executed in a non-judicial stamp paper of value of Rs.80/- from a scheduled/nationalized bank.

//9//

11.0 FORCE MAJEURE: 11.1 If at any time, during the continuance of the contract, the performance in whole

or in part, in any obligation under this contract, shall be prevented or delayed by reasons of any war, hostility, acts of public enemy, acts of civil commotion, strikes, lockouts, sabotages, fires, floods, explosions, epidemics, quarantine restrictions or other acts of God (herein after referred to as eventualities) then, provided notice of the happening of any such eventuality is given by the tenderer to the Board within 15 days from the date of occurrence thereof, neither party shall, by reasons of such eventuality, be entitled to such non-performance or delay in performance and deliveries under this contract, shall be resumed as soon as practicable after such eventuality has come to an end or ceased to exit.

11.2 Provided that if the performance in whole or part by the supplier on any obligation under this contract is prevented or delayed by reasons of any eventuality for a period exceeding 60 days, the Board may at its option terminate this contract by a notice in writing.

12.0 LIQUIDATED DAMAGES: The delivery as specified should be guaranteed by the supplier under the

liquidated damages clause given below: 12.1 If the supplier fails to deliver the material within the time specified in the

contract or any extension thereof, the purchaser shall recover from the supplier as liquidated damages, a sum of HALF PERCENT (0.5%) of the contract price of the undelivered materials for each completed week of delay. The total liquidated damages shall not exceed TEN PERCENT (10%) of the contract price of the materials so delayed.

12.2 If supplies to be rendered are made by the supplier beyond the above period and if they are accepted by the Board, such acceptance is without prejudice to Board‟s right to levy liquidated damages for the delay in supply.

12.3 If the ordered materials are not delivered, the purchaser shall recover from the supplier, as liquidated damages, a maximum of TEN PERCENT (10%) of the contract price of the materials undelivered, and for the works incomplete.

12.4 The suppliers are liable to pay the amount of loss sustained by the Board in the event of non-execution of orders, if any placed on them either in full or part to the satisfaction of the Board under the terms of conditions of contract and in the event of placing orders for such quantities on some others at a higher price.

12.5 In respect of contracts where supply effected in part could not be beneficially used by the BOARD (due to non-completion of supply), Liquidated Damages should be worked out on the basis of entire contract price only, not on the value of delayed portion.

13.0 SECURITY DEPOSIT: 13.1 The successful tenderer will have to furnish Security Deposit for 5% of the total

accepted value of the contract less EMD amount, if already paid. The Security Deposit has to be paid in the form of Banker‟s Cheque or Demand Draft (payable to the Accounts Officer, Ennore Thermal power station, Chennai –57) .

13.2 The Security Deposit will be repaid to the supplier after satisfactory completion of supplies . If the purchaser incurs any loss or damages on account of breach of any of the clauses or any other amount arising out of the contract becomes payable by the supplier to the purchaser, then the purchaser will in addition to such other dues that he shall have under the law, appropriate the whole or part of the Security Deposit and such amount that is appropriated will not be refunded to the supplier.

13.3 The successful tenderer will have to furnish the security deposit within 15 days from the date of receipt of P.O. failing which their EMD would be liable for forfeiture and cancellation of the P.O.

The security deposit will not carry any interest.

//10//

Also on written request by the company and if Board permits and accepts the request, interest charges at 22% per annum or as fixed by Board will be levied for belated payment of Security Deposit from the due date of payment till the date of receipt of DD or 5% cash towards security deposit plus interest upto the date of receipt of their first bill will be deducted from their first bill(s).

13.4 PEMD holders shall also pay Security Deposit in full. 13.5 TNEB is also at liberty to cancel the P.O. at any time without assigning any

reason. 14.0 JURISDICTION FOR LEGAL PROCEEDINGS: No suits or any proceeding in regard to any matter arising in any respect under

this contract shall be instituted in any court save in the Civil Court of Chennai or the court of small causes in Chennai. It is agreed that no other court shall have jurisdiction to entertain any suit or proceedings even though part of the cause of action might arise within their jurisdiction.In case any part of the cause of action arises within the jurisdiction of any of the courts in Tamil Nadu and not in the courts of Chennai City then it is agreed to between the parties that such suits or proceedings shall be instituted in a court within Tamil Nadu and no other court outside Tamil Nadu shall have jurisdiction even though any part of cause of action might arise within the jurisdiction of such courts.

15.0 ARBITRATION: The Board will not accept arbitration in case of disputes arising in any respect

under this contract. Any dispute arising out of this contract shall not be subject to arbitration under the provision of Arbitration Act 1940 or any other enactment in replacement there of in the event of any dispute between the parties.

16.0 BAR OF JURISDICTION:

Save as otherwise provided in Tamil Nadu Transparency in Tender Act, no order passed or proceeding taken by any officer or authority under this act shall be called in question in any court, and not injunctions shall be granted by any court in respect of any action taken or to be taken by such officer or authority in pursuance of any power conferred by or work under this act.

17.0 SALES TAX: The sales tax will be paid as extra as applicable sales tax is not applicable to

freight & insurance charges. 17.1 The Board has been registered as a dealer, both under Central Sales Tax Act 1956

and Chennai General Sales Tax Act 1959 (Presently TNGST Act) under Registration Nos.32929/81-82 Dated:18.01.82 and Rc.315/61-62 Dt:15.06.61, issued by the C.T.D. General/SMDS/Mount Road, (Anna Salai) Dt:22.12.1959 respectively. It may be noted that the sale of goods except Petrol, Diesel and cement to TNEB for use in generation, transmission and distribution of electrical energy will attract TNGST at the rate of 4% as per G.O.Ms.No.31 commercial taxes (B2) dt:27.03.2002 (No.1(1)/CT/19(b-10)/2002). The certificate in the prescribed format will be issued to tenderers as and when required. Appropriate Sales Tax, in accordance with the provisions of the relevant Sales Tax Act in force shall be included by the Tenderer in the price quoted.

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17.2 In case of delayed delivery the Sales Tax prevailing on the date of despatch or the Sales Tax on the last day of the contractual delivery period whichever is LESS will be admitted.

It is the responsibility of the tenderer to make sure about the correct rates of Sales Tax leviable at the time of tendering. If the rates assumed by the tenderer are less than the current rates prevailing at the time of tendering, the Board will not be responsible for the mistake. If the rates assumed by the tenderer are higher than the current rates prevailing a the time of tendering, the difference will be to the credit of the Board. In respect of interstate sales, Form-„C‟ declarations may be obtained from the paying officers concerned wherever the concessional rate of Central Sales Tax is applicable.

17.4 Provided always, it is hereby agreed and declared that in case, where the Board has doubt whether Sales Tax is at all payable for the transaction in question, the Board is hereby authorised to withhold the amount of tax until the party produces an order of court of competent jurisdiction, declaring the liability of the transaction to Sales Tax. Concessional rate of Sales Tax if any shall be taken into account and included in the price quoted giving proof thereof.

17.5 The following certificates have to be furnished for admittance of claim of Sales Tax.

(i) Certified that the transaction for which the sales tax has been claimed, will be included in the return submitted/to be submitted to the Sales Tax authorities for assessment of the Sales Tax and the amount of Sales Tax claimed from the purchaser has been/will be paid to the sales tax authorities.

(ii) Certified that the goods on which the sales tax has been charged have not been exempted under C.S.T Act or the rules made thereunder and the charges on account of Sales Tax on these goods are correct under provisions of relevant Act of Rules made there under.

(iii) Certified that we shall indemnify the Board, in case it is found later on that wrong or in-correct payment has been received on account of Sales Tax paid by us.

(iv) Certified that we are registered as Dealer under the Sales Tax Act and the Registration No. is........

18.0 EXCISE DUTY: 18.1 It is the responsibility of the tenderer to make sure about the correct rates of

duty leviable the material at the time of tendering. If the rates assumed by the tenderer are less than the current rates prevailing at the time of tendering, the Board will not be responsible for the mistake. If the rates assumed by the tenderer are higher than the current rates prevailing at the time of tendering, the difference will be to the credit of the Board.

18.2 In case of delayed delivery, the duty prevailing on the date of despatch or the duty on the last day of the contractual delivery period whichever is LESS will be admitted. For both the cases, the supplier shall furnish documentary evidence while submitting the bills for payment.

18.3 A certificate to the effect the CENVAT credit has been taken in to account while quoting the price shall be furnished along with the offer.

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19.0 INSURANCE: The contracted price is inclusive of insurance charges. The material portion in

the annexure shall be insured against transit risks with any of the Nationalised/ Insurance companies and shall cover transit risk upto site. The Board will not pay separately for inland transit insurance and suppliers will be fully responsible for delivery of the materials contracted for in good and acceptable condition at the destination stores. The defects/damages noticed shall be rectified/replaced by the supplier immediately. It will be suppliers responsibility to process and obtain claims if any from the insurance company.

20.0 PACKING: The material shall be supplied in original manufacturer‟s tamper proof packings

,without which the material will not be accepted. Vendors shall be responsible for the free replacement of defective material on FOR ETPS destination basis.

21.0 INSPECTION: The Board will arrange to inspect the material during the process of

manufacture and the finished product by deputing the Board Engineers fixed by Board and the cost towards the same will be borne by Board. Intimation regarding readiness of THE MATERIAL shall be given to this office. You should provide necessary facilities for such inspection. Inspection Call should be given within the Contractual/delivery period and the time taken for inspection by the Board will be excluded from the delivery period. All necessary tests as per relevant specifications shall be carried out in the presence of Board‟s representative. After completion of inspection relevant test certificates shall be submitted to this office in triplicate for approval.

22.0 FAILURE TO EXECUTE THE CONTRACT: Suppliers failing to execute the order placed on them to the satisfaction of the

Board under the terms and conditions setforth therein, will be liable to make good the loss sustained by the Board, consequent to the placing of fresh orders elsewhere at higher rate, i.e. the difference between the price accepted in the contract already entered into an the price at which fresh orders have been placed. this is without prejudice to the imposition of Liquidated Damages and forfeiture of Security Deposit for the breach of contract

23.0 RECOVERIES OF DUES: The Board is empowered : To recover any dues against this contract in the Bills/Security Deposit/Earnest

Money Deposit due to the suppliers either in this contract or any other contracts with Board. To recover any dues against any other contract of the suppliers with Board, with the available amount due to the suppliers against this contract.

*********

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SECTION – III

SCHEDULE – A (Specification N. 2542)

SL. No

DESCRIPTION Quantity All inclusive unit price for delivery at ETPS stores including ED but excluding sales tax in Rs.

Sales tax in percentage

Unit freight & Insurance

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SCHEDULE – B

SPECIFICATION NO 2542 DEVIATION FROM TECHNICAL SPECIFICATION

All technical deviations from the specification shall be filled in by the tenderer, clausewise, in the schedule.

SL.NO. SECTION NO. CLAUSE NO. DEVIATION

The tenderer hereby certifies that the above mentioned are the only deviations from the technical specification and the tender conforms to the specification in all other respects. COMPANY SEAL SIGNATURE : NAME :

DESIGNATION : DATE :

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SCHEDULE – C

SPECIFICATION NO . 2542

DEVIATIONS FROM COMMERCIAL TERMS All deviations from the commercial terms shall be filled in by the tenderer, clausewise, in this schedule.

SL.NO SECTION NO. CLAUSE NO. DEVIATION

The tenderer hereby certifies that the above mentioned are the only deviations from the commercial terms and the tender conforms to the specification in all other respects.

COMPANY SEAL SIGNATURE : NAME : DESIGNATION : DATE :

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SCHEDULE – D

SPECIFICATION NO.2542 STATEMENT OF SUPPLY/ORDERS EXECUTED/UNDER EXECUTION SO FAR

DURING THE PAST.............. YEARS AS ON THE TENDER OPENING.

SL.NO

NAME & ADDRESS OF THE ORGANISATION INCLUDING OTHER STATE EBs

NAME OF THE WORK

P.O. NO. AND DATE

VALUE OF ORDER IN Rs. in Lakhs (*)

SCHEDULED DATE OF COMPLETION OF ORDER

ACTUAL DATE OF COMPLETION OF ORDER

NOTE: 1)(*) Split up details such as price, may be enclosed separately.

2) Copies of orders received shall be enclosed. COMPANY SEAL SIGNATURE : NAME : DESIGNATION : DATE :

//17// SCHEDULE – E

UNDERTAKING IN LIEU OF PAYMENT OF EMD

This undertaking executed at .............................................. on this the ........................................... day of .......................... Two thousand and three by M/s. ................................................. a company, registered under companies Act 1956, having its registered office at ...................................................... herein after called the tenderer to and in favour of the Tamil Nadu Electricity Board, a body corporate constituted under the Electricity (Supply) Act 1948, having its office at N.P.K.R.R. Maaligai, Electricity Avenue, 800, Anna Salai, Chennai - 600 002, represented by ........................................ (herein after called the Board). WHEREAS the contract is for the Supply/erection construction etc. ................................. in terms of the tender specification No............................ dt:............................... AND WHEREAS in accordance with clause ......................................... of the said tender specification the tenderer has to furnish EMD of Rs............... (Rupees ....................................................................................................... only). AND whereas the tenderer has requested the Board to accept an undertaking in lieu of payment in cash of the EMD. AND WHEREAS the Board has accepted the request of the tenderer subject to his executing an undertaking to pay the Board not exceeding Rs.................... (Rupees ................................................................................... only) representing the Earnest Money Deposit together with costs in the case of non-fulfillment to the conditions stipulated in the specification or the conditions stipulated in the contract by the tenderer.

In consideration of the Board having agreed to accept an undertaking from the tenderer in lieu of payment of EMD in cash, the tenderer undertakes to pay the sum of Rs.......................... (Rupees ....................................................... only) immediately when a demand is raised by the Board against the tender without demur in the event of the following:- 1) If the tenderer withdraws his tender or backs out after acceptance of the tender or fails to remit the security deposit. 2) If he revises any of the terms quoted during the validity period. 3) If he violates any of the terms of the tender specification No. Now the condition of the above written undertaking is such that if the tenderer shall duly and faithfully observe and perform the terms and conditions specified in terms of the above then the above written undertaking shall void, otherwise the same shall remain in full force. The tenderer undertakes not to revoke this guarantee till the contract is completed under the terms of contract. The expression 'tenderer' and the 'Board' herein before used shall include their respective successors and assigns in office. IN WITNESS WHERE OF Thiru ............................................................ for and on behalf of the tenderer has signed this undertaking on the day, month and year first above written. SIGNATURE. In the presence of witness:`1) 2)

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SCHEDULE – F

UNDERTAKING FOR PAYMENT OF DUES TO TNEB THIS DEED OF UNDERTAKING EXECUTED AT CHENNAI ON THIS THE ……………………………………………………….. BY Messers…………………………………….. …………………………………………………………………………………………………………………………

hereinafter called the “TENDERER” (Which expression where the cotext so admits mean

and include their agents, representatives, Successors – in – office and Assigns).

TO AND IN FAVOUR OF

THE TAMIL NADU ELECTRICITY BOARD a body corporate constituted under the

Electricity (supply) Act, 1948, (Central Act LIV of 1948), having its office at NPKRR

Maaligai, 800, Anna Salai, Electricity Avenue, Chennai – 600 002, hereinafter called the

“BOARD” (Which expression shall where the context so admits mean and include the

successors in – office and assigns).

WHEREAS the Board has called for an undertaking from the Tenderer empowering the

Board to recover the dues if any.

NOW THIS UNDERTAKING WITNESSETH that the Board is empowered to recover any

dues against this contract in any bills/security deposit/E.M.D. due to the Tenderer either in

this contract or any other contracts with the Board. Further, the Tenderer hereby authorizes

the Board to recover, any dues against any other contract of the Tenderer with the Board

with the available amount due to the Tenderer against this contract.

IN WITNESS WHERE OF Thiru. Acting for and on behalf of the

Tenderer has signed this deed on the day, month and year herein before first mentioned.

SIGNATURE OF THE TENDERER.

NAME : DESIGNATION : DATE : COMPANY SEAL :

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SCHEDULE – G

UNDERTAKING FOR LEGAL PROCEEDINGS JURISDICTION THIS DEED OF UNDERTAKING EXECUTED AT CHENNAI ON THIS THE ……………………………………………………….. BY Messers. hereinafter called the “TENDERER” (Which expression where the context so admits mean and include their agents, Representatives, Successors – in – office and Assigns).

TO AND IN FAVOUR OF THE TAMIL NADU ELECTRICITY BOARD a body corporate constituted under the Electricity (supply) Act, 1948, (Central Act LIV of 1948), having its office at NPKRR Maaligai, 800, Anna Salai, Electricity Avenue, Chennai – 600 002, hereinafter called the “BOARD” (Which expression shall where the context so admits mean and include the successors in – office and assigns). WHEREAS the Board has called for acceptance of jurisdiction of legal proceedings. NOW THIS UNDERTAKING WITNESSETH that no suit are any proceedings inregard in any matter arising in any respect under this contract shall be instituted in any court, save in appropriate Civil court of Chennai are the court of small causes Chennai. If is agreed that no other court shall have the jurisdiction to entertain any suit or proceedings, eventhough, part of the cause of action might arise within their jurisdiction. In case, any part of cause of action arises within the jurisdiction of any of the courts in Tamil Nadu and not in the courts in Chennai City, then it is agreed between parties that such suits or proceedings shall be instituted in court within Tamil Nadu and no other court outside Tamil Nadu shall have jurisdiction, eventhough any part of the cause of action might arise within the jurisdiction of such IN WITNESS WHERE OF acting for and on behalf of the Tenderer has signed this deed on the day, month and year herein before first mentioned.

SIGNATURE OF THE TENDERER. NAME : DESIGNATION : DATE : COMPANY SEAL-

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TAMIL NADU ELECTRICITY BOARD

SCHEDULE –H

TENDER FORM TO The Chief Engineer, ETPS, Ennore, Chennai – 57. Dear Sir, 1. Having examined the above specification together with the accompany schedules etc., we hereby offer to execute work with supply of the materials covered in this specification at the rates entered in the attached schedule of prices. 2. We hereby guarantee the particulars entered in the schedules attached to the specification. 3. In accordance with security deposit clause, Section – II of the specification we agree to furnish security to the extent of 5% of the total value of the contract. 4. Our company is not a potentially Sick Industrial Company or a Sick Industrial Company in terms of Section – 23 of Section – 15 of the Sick Industrial Companies (Special Provisions) Act, 1985.

Yours faithfully, PLACE : SIGNATURE : DATE : DESIGNATION : COMPANY SEAL : COMPANY :