information and instruction for tenderers

NHDC LIMITED (A Joint venture of NHPC Ltd. & Govt. of M.P.)

TENDER DOCUMENT

For

Inspection / Testing of Pressure Vessels, Cranes and Lifting Tools &

Tackles at Omkareshwar Power Station by Competent Person Under

Factory Act/Rules.

OMKARESHWAR POWER STATION (520MW)

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Prosperity by Hydel Power

TENDER FORM

NAME OF WORK Inspection/Testing of Pressure Vessels, Cranes and lifting tools & tackles at Omkareshwar Power Station by Competent person Under Factory Act/Rules.

Estimated Cost Rs. 1.91 Lacs.

Earnest Money Rs. 4,000/- EMD to be deposited in the shape of Demand Draft.

Place of Receiving of Tender

Sr. Manager (C&P) Omkareshwar Power Station, Administrative Block, “URJA VIHAR”, Siddhwarkut Distt – Khandwa, 450 554 (MP)

No. & Date of Issue of Tender Document.

NHDC 3 C 3 4 7 16 1 4 4 0

Date 0 8 - 0 7 - 2 0 1 6

Name of the Agency to whom issued

Sr. Manager (C&P) Omkareshwar Power Station

Siddhwarkut

(iii)

INDEX

SL.

No. Description

Page No. Total

Pages From To

1 Front Cover (i) (ii) 2

2 Index of Tender Document (iii) (iii) 1

3 Section – I Notice Inviting Tender

NIT 0 NIT 4 5

4 Section - II

Instructions to Bidder ITB 0 ITB 8 9

5 Section - III

Terms and Conditions T&C 0 T&C 14 15

6 Section - IV Special Conditions of Contract

SCC 0 SCC 1 2

7 Section - V Scope of Work

SOW 0 SOW 3 4

8 Section - VI

Tender Forms & Schedules TF&S 0 TF&S 7 8

9 Section - VII Schedule of Quantities and Rates

SQP 0 SQP 1 2

Total Pages of Tender Document 48

NHDC LIMITED (A Joint venture of NHPC Limited & Govt. of M.P.)

SECTION - I

NOTICE INVITING TENDER

OMKARESHWAR POWER STATION

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Registered Office: NHDC Parisar, Near Hotel Lake View Ashoka, Shyamla Hills, Bhopal, PIN: 462 013 (MP)

Website: www.nhdcindia.com Qksu@Telephone: 0755 – 4030014, 2660874, QSDl@ Fax: 0755 – 4030080,

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NHDC Limited (A Joint Venture of NHPC Limited & Government of M.P.)

vksadkjs'oj ikoj LVs’ku ¼520 esxkokV½] iz'kklfud Hkou] ÅtkZ fogkj] fl)ojdwV] ftyk [kaMok] 450554 ¼e-ç-½ Qksu@QSDl & 07280 271723@271720 Omkareshwar Power Station (520 MW), Admin Block, “Urja Vihar”, Siddhwarkut, Dt. Khandwa, 450554 (MP), Phone/Fax: 07280-271723 / 271720

NHDC/3/C/347/NIT-39/16/1440 Dt. 08.07.2016 fufonk lwpuk

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7. fufonk tek djus dh vafre frfFk 26@07@2016 dks nksigj 03%00 cts rdA

8. fufonk [kksyus dk frfFk 26@07@2016 dks nksigj 04%00 ctsA

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¼l½ ,d leku izd`fr ds iw.kZ dk;Z tksfd :- 1-53 yk[k ls de u gksA

Similar works means “Testing/Inspection of Pressure vessels or Cranes or lifting tools and tackles”

c- The bidder must have valid certificate of competency of relevant rules and schedules issued under M.P. Factories Rules 1962 and Factories Act 1948.

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12. Micro and Small Enterprises (MSEs) Units registered with National Small Industries Corporation (NSIC) under their single point registration scheme for goods/services at NSIC or District Industries Centre (DIC) or Khadi and Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum are exempted from furnishing the EMD and tender fee. They







should furnish a Notarized copy of valid registration certificate/ Entrepreneurs Memorandum (EM- II) details/ other relevant documents issued by above board/body in their favors, for goods/ services covered under this tender document.

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NHDC/3/C/347/NIT - 39/16/1440 Date: 08.07.2016

NOTICE INVITING TENDER

Omkareshwar Power Station, NHDC LTD., invites Sealed Tenders from Manufacturers/Suppliers under Two Envelope System for the works mentioned hereunder: -

1. Name of Work Inspection/Testing of Pressure Vessels, Cranes and lifting tools & tackles at Omkareshwar Power Station by Competent person Under Factory Act/Rules.

2. Estimated Cost Rs. 1.91 lakhs

3. Earnest Money Deposit Rs. 4,000/-

4. Cost of Bid Document Rs. 500/-

5. Completion Period By 28.02.2017

6. Period of Sale of Bid Document 11/07/2016 to 25/07/2016 during Working Hours.

7. Last Date Of Submission of Bid 26/07/2016 up to 3:00 PM

8. Date of Opening Of Bid 26/07/2016 at 4:00 PM

9. Eligibility Criteria :

1. The bidder shall have experience of having successfully completed similar works during last seven years ending last day of month previous to the one in which application are invited should be either of the following:

a) Three similar completed works costing not less than the amount equal to Rs. 0.76 Lacs each. OR

b) Two similar completed works costing not less than the amount equal to Rs. 0.96 Lacs each. OR

c) One similar completed works costing not less than the amount equal to Rs. 1.53 Lacs.


2. The bidder must have valid certificate of competency of relevant rules and schedules issued under M.P. Factories Rules 1962 and Factories Act 1948.

3. The bidder should have PAN and Service Tax registration No

Note: Document submitted in support point no. 1, 2 and 3 should be self attested by the bidder having seal of the company.

10. Sale of tender document: Intending firms may obtain the tender document from the office of the Sr. Manager (C&P), Omkareshwar Power Station, Administrative Block, “Urja Vihar”, Siddhwarkut, Distt. Khandwa (MP)-450554. Bidder may submit an application along with Bank Draft of requisite amount (non-refundable) in NHDC Ltd., Siddhwarkut payable at State Bank of India (30029), Barwaha branch or Bank of India, NHDC Siddhwarkut branch (9531) mentioning the relevant details with reference to the eligibility criteria for tender documents.

11. EMD of requisite value shall be submitted along with tender in the shape of Demand Draft only issued in favour of NHDC Ltd., Siddhwarkut payable at following branches

State Bank of India, Barwaha - Branch Code (30029)

Bank of India, Siddhwarkut - Branch Code (9531).







EMD will be released after deducting bank charges, if applicable.

12. Micro and Small Enterprises (MSEs) Units registered with National Small Industries Corporation (NSIC) under their single point registration scheme for goods/services at NSIC or District Industries Centre (DIC) or Khadi and Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum are exempted from furnishing the EMD and tender fee. They should furnish a Notarized copy of valid registration certificate/ Entrepreneurs Memorandum (EM- II) details/ other relevant documents issued by above board/body in their favors, for goods/ services covered under this tender document.

13. The bid documents are also available online at www.nhdcindia.com. & www.eprocure.gov.in and can be downloaded for submission. The bidder who shall submit these downloaded tender documents shall pay the cost of bid in the form of demand draft as per the details mention under point no. 3 above. It should be placed in envelop-I along with the technical bid document.

14. Tender will not be accepted after 3:00 PM on last date of tender submission. If last date of sale of tender receipt/opening of tender happens to be a holiday, then the next working day shall be treated as revised date/dates for the same purpose.

15. NHDC reserves the right to reject any or all tenders without assigning any reason and no compensation on this account shall be payable to the bidder, whatsoever it may be.

16. Omkareshwar Power Station is IMS certified and Bidder must cautiously follow the envoirmantal and occupational health & safety norms as per standard in the Power Station Premises.

17. To ensure the proper delivery of bid document, bidder should submit the document either in person or through registered/speed post to the office of under signed.

Sr.Manager (C&P) OmKareshwar Power Station


SECTION - II

INSTRUCTION TO BIDDERS


SECTION-II INSTRUCTIONS TO BIDDERS Page 1 of 8

INSTRUCTION TO BIDDERS

1. Scope of Work: Inspection/Testing of Pressure Vessels, Cranes and lifting tools & tackles at Omkareshwar Power Station by Competent person Under Factory Act/Rules. Detailed Scope of Work and Special Conditions of Contract given In Section-V and Section IV of Tender Document respectively.

2. Eligibility Criteria:

2.1 The bidder must have valid certificate of competency of relevant rules and schedules issued under M.P. Factories Rules 1962 and Factories Act 1948.

2.2 The bidder must have PAN and Service Tax registration No.

2.3 The bidder shall have experience of having successfully completed similar works during last seven years ending last day of month previous to the one in which application are invited should be either of the following:

a) Three similar completed works costing not less than the amount equal to Rs. 0.76 Lacs each. OR

b) Two similar completed works costing not less than the amount equal to Rs. 0.96 Lacs each. OR

c) One similar completed works costing not less than the amount equal to Rs. 1.53 Lacs.


2.4 The bidder should have not been banned/ de-listed/ black listed/ debarred from business by any PSU/ Govt. Department during last 03 (three) years on the grounds mentioned in para 6.0 of ‘Policy and Procedure for Banning Business Dealings’ (Annexure-II) to Terms and Conditions of Tender Document.

3 Tender Fee:- 3.1 The bidder shall have to deposit Tender fee of Rs. 500/- (five hundred) at the time of purchase of

tender document from Omkareshwar Power Station Office. This deposit shall be in favour of NHDC Ltd., Siddhwarkut and shall be in the form of a demand draft payable at State Bank of India (30029), Barwaha branch or Bank of India, NHDC Siddhwarkut branch (9531). In case Bidder downloads the tender document from NHDC website then tender fee shall only be submitted in from of demand draft, in favour of NHDC Ltd. & payable at above mentioned bank branches in the envelop-I.

3.2 Micro and Small Enterprises (MSEs) Units registered with National Small Industries Corporation (NSIC) under their single point registration scheme for goods/services at NSIC or District Industries Centre (DIC) or Khadi and Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum are exempted from furnishing the EMD and tender fee. They should furnish a Notarized copy of valid registration certificate/ Entrepreneurs Memorandum (EM- II) details/ other relevant documents issued by above board/body in their favors, for goods/ services covered under this tender document. No other bidders are exempted from furnishing cost of tender fee as mention above.

4 Earnest Money Deposit:-


4.1 The bidder shall have to deposit an Earnest Money (EMD) of Rs. 4,000/- (Rs. Four thousand). This deposit shall be in favour of NHDC Ltd., Siddhwarkut and shall be in the form of demand draft/ Bankers Cheque payable at State Bank of India (30029), Barwaha branch or Bank of India, NHDC Siddhwarkut branch (9531).

4.2 Micro and Small Enterprises (MSEs) Units registered with National Small Industries Corporation

(NSIC) under their single point registration scheme for goods/services at NSIC or District Industries Centre (DIC) or Khadi and Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum are exempted from furnishing the EMD and tender fee. They should furnish a Notarized copy of valid registration certificate/ Entrepreneurs Memorandum (EM- II) details/ other relevant documents issued by above board/body in their favors, for goods/ services covered under this tender document.

4.3 The EMD of unsuccessful bidders shall be returned to them after award of order to successful bidder and after deducting bank charges, if applicable. No interest shall be paid on EMD.

4.3.1 Bid received unaccompanied by either a requisite EMD or a copy of valid exemption

certificate (as described under point 4.2 above) shall not be considered and dealt as per the policy of the Corporation.

4.3.2 The EMD (bid security) will be forfeited

(a) If the Firm withdraws the Bid after bid opening (technical bid) during the period of Bid validity; or

(b) If a firm fails to accept rectification of arithmetical errors noticed by the Corporation or

(c) If the Firm adopts corrupt or fraudulent practices or

(d) In the case of a successful Firm, if the Firm fails within the specified time limit to accept the letter of award.

4.4 The bidder shall not be entitled during the period of validity of their offers without the consent in writing of the Corporation, to revoke or withdraw their bids or change in any respect of their offer or any term & conditions thereof. In case of a bidder revoking or withdrawing his bid or changing any terms and conditions in regard thereof without the consent of the Corporation in writing, the Corporation shall forfeit the bid Security furnished by the bidder along with his offer. In addition to this the firm may at the discretion of the Corporation, be debarred from bidding for a period as may be considered fit by the Corporation, against any bid that might be invited by the Corporation in future. The Corporation will also be within its rights to circulate the information at its discretion to other prospective corporation’s about the firm having withdrawn his offer within the validity period.

5 VALIDITY OF THE OFFER:

The validity of offer shall be 120 days from the date of opening of tender (Envelope no.1). A bid valid for a shorter period may be rejected by the Corporation as being non responsive.

In exceptional circumstances, prior to expiry of the original tender validity period, the Corporation may request the firm, in writing, for a specified extension in the period of validity. The firm may refuse the request without forfeiting its EMD (bid security). The firm agreeing to the request will neither be required nor be permitted to modify its tender. The provisions


regarding discharge and forfeiture of EMD shall continue to apply during the extended period of tender validity.

The tenderer shall not be entitled during the period of validity of their offers without the consent in writing of the Corporation to revoke or withdraw their tenders or vary in any respect the tender given or any term thereof. In case of a tenderer revoking or withdrawing his tender or varying any terms in regard thereof without the consent of the Corporation in writing, the Corporation shall forfeit his earnest money paid along with the tender.

6 CONTENT OF TENDER DOCUMENT: The bidding document includes the following sections 6.1 Section-I : Notice Inviting Tender 6.2 Section-II : Instruction to Bidder 6.3 Section-III : Terms and Conditions 6.4 Section-IV : Special Conditions of Contract 6.5 Section-V : Scope of Work 6.6 Section-VI : Tender Forms 6.7 Section-VII : Schedule of Quantity & Rates.

7 Preparation and Submission of Bid :

The bid shall be prepared and submitted in two envelop system duly signed by the authorized signatory/ representative of the company as below:

7.1 Envelope No.1 shall contain tender document with each page and correction/overwriting duly signed by the Bidder including tender form duly filled up.

The Bidder in the envelope No.1 shall indicate commercial or technical conditions. The Bidder as specified in tender documents shall submit complete details and description including all data. This envelope shall be super scribed as Envelope No. 1 for “Inspection/Testing of Pressure Vessels, Cranes and lifting tools & tackles at Omkareshwar Power Station by Competent person Under Factory Act/Rules.”

The firm should enclose following documents along with tender documents in Envelope no. 1:

i. Tender Fee of Rs. 500/-

ii. Earnest Money Deposit of Rs. 4,000/- as per Clause 4.0 above.

iii. Authorization /Power of Attorney in favour of authorized signatory for signing of documents and submission of bid having following information:

Name & Address of authorised signatory:- Telephone/Fax No. Mobile No. EmailID:

iv. The bidders or his authorised representative shall sign all the documents, owning responsibility for their correctness/ authenticity and submit Declaration in respect of acceptance of terms and conditions of tender document as per Form-1.

v. Dully filled and signed Format for identifying Micro, Small & Medium Enterprises under MSMEDA –2006 as per FORM-2. Note: Please note that without documentary evidence appended with the Techno-commercial

offer (Cover-1), the status of applicability of MSMEDA act shall be treated as “Not Applicable”.

vi. Dully filled and signed Electronic Clearing System form along with cancelled cheque as per FORM-3.


vii. Duly filled and signed Certificate under Fraud policy of NHDC Ltd. as per FORM-4. viii. Duly filled and signed Declaration Form as per FORM-5.

ix. Duly filled “Related Party Disclosures” as per FORM-6. x. Duly filled Warranty Form FORM-7.

xi. Partnership deed in case of partnership firm, Memorandum and Articles of Association in case of limited Company and Power of Attorney in favour of authorized signatory.

xii. Self attested copies of Following documents establishing conformity to the qualifying requirement as mentioned at clause no. 2 above

a) Self attested Copy of valid certificate of competency of relevant rules and schedules issued under M.P. Factories Rules 1962 and Factories Act 1948.

b) Self attested Copy of PAN and Service Tax Registration No.

c) Self Attested copy of orders in support of experience (Point No. 2.3 above).

xiii. In case of MSE firm and exemption seek from EMD & Tender Fee a copy of valid exemption certificate attested by Gazetted Officer or notarized should be submitted (refer point no 3 & 4 above).

If the envelop-1(Technical Bid) does not contain any of the above mentioned documents or

contain incomplete, then the offer shall be deemed liable to rejection/disqualification. The

respective envelop-2 (price bid) of the technically disqualified offer shall be returned to the firm

without opening. The bidders are cautioned that divulging of any price information in Cover- 1

(Techno commercial Bid) will result in rejection of the tender.

xiv. The Bidder needs to submit the stamped & signed copy of tender document as token of

acceptance of all the terms & conditions of the tender document.

7.2 Envelop No. 2:

This Envelop should superscripted as Price BID for “Inspection/Testing of Pressure Vessels, Cranes and lifting tools & tackles at Omkareshwar Power Station by Competent person Under Factory Act/Rules.” i. This envelop should contain the format of “Schedule of Quantity and Rates” (schedule ‘A’) in

original , duly filled and signed by authorized signatory/ representative of the company and having stamped with seal of the firm.

ii. The Rates shall be quoted in Schedule-A given in section-VI inclusive of all taxes, duties, Service Tax, Statutory Charges etc.

iii. Service Tax as applicable and assessed on the Employer shall also be included in the Prices/rates, which shall be deducted from the contractor and deposited to the concerned authority by the Employer.

iv. The rates shall be written both in words and in figures. Bidder shall also show the total of each item the total of each schedule and the grand total of whole contract. Corrections, if any shall be made by crossing out, initialing, dating and rewriting.

v. In case of conflict between the unit rates quoted both in figures and words, unit rates mentioned in words would prevail over those of figures.

vi. The firm is advised to avoid offering of rebate/discount. However in case of exceptional circumstances, the rebate/ discount offered by the firm should be only in the Price bid i.e. Schedule of Quantities & Prices itself. The rebate/ discount offered anywhere else shall not be considered for the purpose of the evaluation of bids. The firm should offer the rebate on a


percentage basis applied uniformly to all the Unit rate of the Schedule of Quantities & Prices except those, which have been stipulated by the Corporation.

This envelop shall be opened only if the contents of Envelop-1 are found in order. The price bid shall be opened on a date which shall be intimated to the firm in advance and the Proprietor(s) or their authorized representative(s) may remain present to witness the tender opening.

7.3 Both the above envelops properly sealed and super scribed should be put in a bigger envelop, properly sealed and super scribed as Bid for “Inspection/Testing of Pressure Vessels, Cranes and lifting tools & tackles at Omkareshwar Power Station by Competent person Under Factory Act/Rules.” NIT No. NHDC/3/C/347/NIT-39/16/1440 Dated 08.07.2016

8 OTHER SPECIAL INSTRUCTION:

The tender should be submitted in the prescribed form and the same should be signed properly as laid down hereunder-

i. The Tender Document is not transferable. ii. Instruction For Limited Company/Corporation:

If the tender is submitted by a Limited company or a limited Corporation it shall be signed by a duly authorized person holding the power of attorney for signing the tender in which case a certified copy of the power of attorney shall accompany the tender. Such limited company or corporation may be required to furnish satisfactory evidence of its existence before the contract is awarded. A copy of Memorandum & Article of Association of the company shall be submitted with the tender.

iii. Instruction For Bid Submitted By Group of Firms: If the tender is submitted by a group of firms the sponsoring firms shall submit complete information pertaining to each firm in the group and state along with bid as to which of the firms shall have the responsibility for tendering and for completion of contract documents and furnish evidence admissible in law in respect of the authority assigned to such firm on behalf of the group of firms for tendering and for completion of the contract documents. The full information and satisfactory evidence pertaining to the participation of each member of the group of firms in tender shall be furnished along with the tender.

iv. All witnesses and sureties shall be persons of status and there full names; occupations and addresses shall be stated below their signatures.

v. The tender for the works shall not be witnessed by a Bidder or Bidders who himself/ themselves have / have tendered or who may and has /have tendered for the same work. Failure to observe this condition shall render the tender of the BIDDER tendering as well as of those witnessing the tender liable to rejection.

vi. The Bidders should note and bear in mind that the Corporation shall bear no responsibility for the lack of acquaintance or the lack of any knowledge, as aforesaid, on the part of the Bidders shall be at their risk and cost and no charges or claims whatsoever consequent upon the lack of any information, knowledge or understanding shall be entertained or payable by the Corporation.

vii. Any bid received by the Corporation after the bid submission deadline shall be returned unopened to the bidder. NHDC shall not be responsible for delay or loss in transit of the tender document sent through post/courier.

viii. RIGHT OF REJECTION: The Corporation shall have the right of rejecting all or any of the tenders and will not be bound to accept the lowest or any tender or to give any reason for their decision. Conditional Tender/Bid will be rejected without giving any reason.

ix. As per AS-18 ‘Related Party Disclosures’ and Section 40A of Income Tax Act, 1961 it is necessary to fill up the enclosed format(Section-V, form-6) for tracking of related parties.


9 The Tenderer shall furnish with his tender:

i. The details of technical and supervisory personnel already employed by tenderer which he proposes to utilize for this work and such other personnel which he proposes to employ further for the work

“Inspection/Testing of Pressure Vessels, Cranes and lifting tools & tackles at Omkareshwar Power Station by Competent person Under Factory Act/Rules.”

ii. Relevant information on the capacity, financial resources and experience about himself.

10 SUBMISSION OF TENDER DOCUMENT:

Firm should arrange to submit the bid document in person or through Registered /Speed post Dept of Postal, Govt. of India to ensure the proper delivery of bid at the following address. Sr. Manager (C&P) C&P Division Omkareshwar Power Station Administrative Building Urja Vihar, Siddhwarkut, District-Khandwa, PIN-450554

Venue & Date of Opening of Tender Document: Tender received on or before due date shall be opened on 26.07.2016 at 16:00 Hrs. Tender received after due date of opening shall not be considered and shall be returned to the bidder. The Corporation shall not be responsible for any postal delay or loss in transit. In case the date of receipt & opening is fall on a holiday, the tender will be received and opened on next working day at the same time. The corporation shall not entertain any complaint as to the fact that Bidders were not aware of the exact next working day and it is the responsibility of the bidder to find out from the office of Omkareshwar Power Station, NHDC Ltd. about such details. The Corporation does not take any responsibility whatsoever to inform any or all the Bidders such changes and it is within the right and discretion of the Corporation to take all such decisions and the same shall be binding on all bidders.

11 EVALUATION OF BID:

11.1 Only those bidders shall be considered qualified by the Corporation, who submit requisite EMD, tender fees and documents, point wise reply of the terms & conditions of the Tender document acceptable to the Corporation and meet the Qualifying requirement stipulated in the bidding document. The decision of the Corporation shall be final and binding in this regard. Bidder needs to submit the stamped & signed copy of tender document as token of acceptance of all the terms & conditions. In case bidder submits stamped and signed copy of documents, it will be presumed that all the terms & conditions of tender document are acceptable to bidder. Deviation taken in terms & conditions, if any, need to be specifically mentioned by the bidder.

11.2 The Corporation will evaluate and compare only those tenders that are determined to be substantially responsive to the requirements of the tender document.

11.3 In evaluating tenders, the Corporation will determine for each tender, the evaluated price by adjusting the tender price as follows


i. Making an appropriate adjustment for cost of all quantifiable deviation and omission from the terms, conditions and specifications of the tender document.

ii. Making any corrections for arithmetical errors noticed by the Corporation.

11.4 The bid(s) shall be evaluated based on the criteria set forth here under: The evaluation process shall be carried out in two stages Techno-Commercial Evaluation & Financial Evaluation

i. The bidder who meets the Eligibility criteria shall be considered for further evaluation. The bidders who do not meet the qualifying criteria shall be rejected and their Un-opened price bid(s) shall be returned.

ii. The techno-commercial bid of those prospective bidders who are found to be meeting the qualifying criteria shall be evaluated. The bidders whose bid(s) are found to be techno-commercially acceptable shall be considered for further evaluation. Bid(s) not fulfilling the techno-commercial requirement of the bid(s) shall be considered nonresponsive and rejected and the price bid(s) of such bidder shall be returned unopened.

iii. The Price bid(s) of the prospective bidders, who fulfils the techno-commercial requirement of the bid(s), shall be evaluated further. Normally the tender will be accepted of that bidder whose quoted rates are found to be lowest. The tender shall be awarded on single tender responsibility basis i.e. firm will not sublet the supply/work to other party.

12 BIDS LIABLE FOR REJECTION/DISQUALIFY:

12.1 Conditional offers are liable for rejection. 12.2 If any of the information furnished by the bidder is found to be incorrect, the Bid/ contract is

liable to be rejected / terminated and the EMD/ Performance Security will be forfeited. 12.3 The units of the items shall be same as per the Schedule of quantity and prices and any other

unit mentioned in the offer will be liable to be rejected. 12.4 Any effort by a bidder to influence the Corporation in the process of examination,

Clarification, evaluation and comparison of tenders, and in decisions concerning award of contract, may result in rejection of the bidder's tender.

12.5 EMD not enclosed in Envelop-1. 12.6 Divulging any price information in envelop-1. 12.7 Rates quoted in currency other than Indian currency. 12.8 If the present performance of the bidder including any of the partners of the firm, in a current

contract is unsatisfactory as certified by the client/Employer’, the tender of the bidder will be summarily rejected without assigning any reason.

12.9 The bidder shall promptly provide all necessary information and documents to be submitted to the Corporation during evaluation of its tender. Failure to provide correct and timely information, concealment of material facts regarding litigation history and arbitration proceedings etc. having a material bearing on the evaluation process may render its tender being treated as non-responsive and will be liable to rejected summarily.

12.10 In case the filled format of “schedule of quantity and rate” shall be found in envelop-1 (Technical bid envelope) of any of the offers, that particular offer shall be rejected and the bid of that firm shall be returned to the firm. Any clause governing the bid subject to market fluctuation is not acceptable.

13 Bidders will not be allowed to revise the quoted rates of their own, once "Technical Bid” have been opened by the Corporation. The bidder shall bear all cost associated with the preparation and submission of its tender and the Corporation will in no case be responsible or liable for these cost, regardless of the conduct or outcome of the tendering process.


14 Normally the tender will be accepted of those bidders whose quoted rates are found to be lowest but the Corporation is not bound for such acceptance and reserve the right to accept or reject any offer without assigning any reason thereof. Bidder shall have no Objection to such rights of the Corporation.

15 The bidders shall quote the price only for the items mentioned in the Schedule-“A”. The price quoted for the item other than the items mentioned above shall not be considered for evaluation

16 If any clarification is required by the bidder in respect of scope of work, bidder may personally visit the Office of Sr. Manager (C&P), Omkareshwar Power Station, NHDC Ltd., However, this shall not become the reason for claiming extension of the deadline for the submission of the tenders.

17 The Bidder shall arrange to receive all the letters issued by the Corporation either personally or through his authorized representative in respect of this tender, failing which letters will be sent by mail/post. The Corporation shall not be responsible for non-receipt/delayed receipt of letters by the bidders.

18 The corporation reserves the right to cancel the tender without assigning any reason thereof.

19 The prospective bidder requiring any clarification of the tender document may promptly attend the office of Sr. Manager, Procurement (C&P), Omkareshwar Power Station, NHDC Ltd., in person or otherwise in writing so as to reach the said office at least 07 (Seven) days before the deadline for Submission of the tenders. The Corporation shall not be bound to respond to the request from the prospective bidders and this shall not become the reason for claiming Extension of the deadline for the submission of the tenders.

20 After the opening of tenders, information relating to the examination, clarification, Evaluation and comparison of tenders and recommendations concerning the award of Contract shall not be disclosed to bidders or other persons not officially concerned with such process until the award of the contract to the successful bidder has been announced.

21 No bidder shall contact any employee of the Corporation, except when requested in Writing, on any matter relating to the tenders, from the time of opening of the tenders till the time the contract is awarded.

22 The bidder shall submit Form-3 of section-V along with bills for payment through RTGS (Real Time Gross Settlement System) and/ or NEFT (National Electronic Fund Transfer). The bank charges for RTGS or NEFT payment shall be borne by the bidder.

23 The following special conditions shall be read in conjunction with the corresponding relevant provisions made in the Terms & Conditions of Contract (Section-III) and in case of any discrepancy or variation or contradiction between them, the provisions made under these Special Conditions, shall prevail

Sr. Manager (C&P)


SECTION - III

TERMS AND CONDITIONS


SECTION-III TERMS AND CONDITIONS Page 1 of 4

TERMS AND CONDITIONS

1. PRICE: 1.1 Price quoted shall be inclusive of all expenses towards the scope in complete, including

applicable taxes, duties and service tax, expenses towards site visit i.e. Omkareshwar Power Station, to and fro travel expenses, boarding, lodging and local travel etc.

1.2 The quoted price shall be firm and binding without any escalation whatsoever till completion of

works in all respect.

2. TAXES & DUTIES:- a. Taxes like Income Tax, Commercial Tax, Cess etc., as per applicability shall be deducted at

source.

b. TDS Certificate shall be issued to the agency against Income Tax.

c. Service Tax as applicable and assessed on the Employer shall also be included in the Prices/ rates, which shall be deducted from the contractor and deposited to the concerned authority by the Employer.

3. RATES: The rates quoted shall be inclusive of existing taxes, duties, levies & other miscellaneous charges and overheads & profits. All applicable taxes and duties should be mentioned explicitly.

However, if a new tax or duty or levy (other than that existing on 28 days prior to deadline for submission of bids ) is imposed under a statute or law during the currency of contract and the contractor becomes liable to and actually pays the same then the contractor shall immediately notify the Engineer-in-charge in this regard. The corporation will reimburse the same to the contractor on production of satisfactory proof of payment.

4. COMPLETION PERIOD:-The period of completion of work shall be upto 28.02.2017 as per due dates

mentioned in scope of work.

5. DELAY IN WORK: If the firm fails to complete the work as per the stipulated contract period, firm shall be liable to pay as penalty charges a sum of 0.035% per day of contract price for per day of delay, not exceeding maximum limit of 5% of the contract price.

6. PAYMENT TERMS:-

6.1 Payment shall be released on completion of work for which agency shall submit the bill to Engineer-in-charge.

6.2 All payments will be made in Indian Rupees through RTGS.

7. Security Deposit: The security deposit @5% from RA bills shall be deducted, which shall be refunded after 90 days of completion of scope of work up to the satisfaction of Engineer-In-Charge or submission of final bill, which ever is later.

8. PAYING AUTHORITY:- Manager (Finance), Omkareshwar Power Station, NHDC, Urja Vihar, Siddhwarkut.

9. ENGINEER–IN-CHARGE: Sr. Manager (O&M), Omkareshwar Power Station, NHDC Ltd., shall be

Engineer-In-Charge for this work. He shall deal all future correspondences as regards to operation of the contract.

10. CORRESPONDANCE:-


Correspondence regarding execution of work/payment/time extension has to be made with Manager Finance /Engineer -In- charge.

11. ACCOMODATION:- Accommodation at NHDC Guest House shall be provided on chargeable basis, if available & if required by the firm for service personnel deployed.

12. INSURANCE AND LIABILITY: Insurance, EPF, accident damages and all statutory laws applicable for the

service personal deployed shall be the liability of the bidder.

13. TOOLS AND PLANT: Any special tools/equipment which would be necessary for completing the work shall be arranged by the bidder.

14. DETECTION AND PREVENTION OF FRAUD AND ACTION THEREOF:

14.1 It is expected from the bidders that they will observe the highest standard of ethics during the tendering process and execution of such contract in pursuance of ‘Fraud and Corruption policy’ enclosed as Annexure-I (in this section) and furnish Certificate as per Form No. –III of section-V:

(a) For the purpose of this provision, the terms set forth below shall mean as under:

(i) “Corrupt practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution; and

(ii) “fraudulent practice’ means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Purchaser, and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Purchaser of the benefits of free and open competition;

(iii) “collusive practice” means a scheme or arrangement between two or more bidders, with or without the knowledge of the Purchaser, designed to establish bid prices at artificial, non-competitive levels; and

(iv) “coercive practice” means harming or threatening to harm, directly or indirectly, person or their property to influence or affect the execution of a contract;

(b) A Bid may be rejected by the Purchaser if it is determined at any stage that the respective Bidder has engaged in corrupt, fraudulent practice(s), collusive and coercive practices in competing for the contract in question.

(c) The Purchaser may declare a bidder ineligible, either indefinitely or for a stated period of time, if it at any time determines that the bidder has engaged in corrupt, fraudulent practice(s), collusive and coercive practices in competing for, or in executing, a contract.

14.2 Banning of Business Dealings: It is not in the interest of NHDC to deal with Agencies who commit deception, fraud or other misconduct in the tendering process. The grounds on which Banning of Business Dealings can be initiated are as follows: i) If the security consideration, including questions of loyalty of the Agency to NHDC so

warrants; ii) If the director/owner of the Agency, proprietor or partner of the firm, is convicted by a court

of law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises, during last five years;

iii) If business dealings with the Agency have been banned by the Department of Power,

Government of India;


iv) If the Agency has resorted to corrupt, fraudulent practices including misrepresentation of facts;

v) If the Agency uses intimidation/ threatening or brings undue outside pressure on NHDC or its

official for acceptancy/ performances of the job under the contract; vi) If the Agency misuses the premises or facilities of the NHDC, forcefully occupies or damages

the NHDC’s properties including land, water resources, forests/ trees of tampers with documents/ records etc. (Note : The examples given above are only illustrative and not exhaustive. The Competent Authority may decide to ban business dealing for any good and sufficient reason).

The procedure for banning of Business Dealings shall be governed as per NHDC’s “Policy & Procedure for Banning Business Dealings” enclosed as Annexure-II.

15 TERMINATION CLAUSE: The contract can be terminated by the department at any time after giving 15 days of notice.

16 ASSIGNMENT & SUBLETTING: The contractor shall not sub-let, transfer or assign the whole or any part of the work under the contract.

17 DISCIPLINE: The agency/contractor shall be responsible for the discipline and conduct of the personnel

deployed by them in the Unit. The NHDC shall be at liberty to revert back any member / personnel deployed in the Unit on the grounds of indiscipline or action /omission constituting misconduct. The decision of the NHDC shall be final and binding in this regard. The personnel deployed shall be responsible for control and coordination and shall observe discipline and good conduct on duty. They shall ensure that they report for duty punctually with clean dress and carry out their duty diligently. That will also be responsible for keeping the records upto date and shall produce the same before the Management or its representative whenever demanded.

18 SETTELMENT OF DISPUTE:- 18.1 A notice of the existence of any dispute or difference in connection with this Contract, shall be

served by either party within 30 days from the date of existence of such dispute or difference or after the attempt by the parties to the Contract for amicable settlement as per clause 18.2 has failed, which ever is later, failing which all rights and claims under this Contract shall be deemed to have been forfeited and absolutely barred.

18.2 No dispute or difference arising between the parties relating to or in connection with the Contract

shall be referred to arbitration unless an attempt has first been made to settle the same amicably. 18.3 ARBITRATION:- Except as otherwise provided in Clause 9.0 herein before, all dispute or difference in respect of

which the decision has not been final and conclusive arising between the Contractor and the Purchaser, in relation to or in connection with the Contract, shall be referred to arbitration in the manner provided as hereunder:

18.3.1 On receipt of such notice, the Purchaser shall send to the Contractor a panel of three persons and

thereafter the Contractor within (Fifteen) 15 days of receipt of such panel, communicate to the Purchaser the name of one of the persons from such panel and such a person shall then be appointed as Sole Arbitrator by the Engineer-in-Charge of the Purchaser.

18.3.2 Provided that if the Contractor fails to communicate the selection of a name out of the panel so

forwarded to him by the Purchaser then after the expiry of the aforesaid stipulated period, the


Engineer -in-Charge shall without delay select one person from the aforesaid panel and appoint him as the Sole Arbitrator.

18.3.3 The Arbitrator to whom the matter is originally referred being transferred or vacating his office or

being unable to act for any reason, then the Purchaser shall appoint another person to act as Sole Arbitrator in the same manner as provided in clause 18.3.2 herein above. Such person shall be entitled to proceed with the reference from the stage at which it was left by the predecessor.

18.3.4 The award of the Arbitrator shall be final and binding on both parties to the Contract. The

Arbitrator's fees, as well as the cost of Arbitration proceedings shall be borne equally by either party.

18.3.5 Irrespective of the amount of claim, the Arbitrator shall give reasons for the award. 18.3.6 Arbitration and Conciliation Act 1996 or any statutory amendment or re-enactment thereof and the

rules made there under and for time being in force shall apply to the arbitration proceedings under this clause.

18.3.7 The venue of the arbitration proceedings shall be in Bhopal or any other suitable and convenient

place in India as may be decided by the Learned Arbitrator. 18.3.8 The Language of arbitration proceedings and all documents and communications between the

parties shall be English. 18.4 Notwithstanding any reference to the Arbitration herein,

a) The parties shall continue to perform their respective obligation under the Contract unless they otherwise agree to the contrary.

b) The Purchaser shall pay Contractor any moneys due to the Contractor.

Sr. Manager (C&P)

TF&S

ANNEXURE-IFRAUD POLICY OF NHDC

1. BACKGROUND

The Corporate Governance guideline-2010 to be followed by CPSE describes certain requirements. These requirements inter alias include "Whistle Blower Policy". This policy envisages the companies to put in place a mechanism for employees to report to the Management about unethical behaviour, actual or suspected fraud or violation of conduct or ethics policy.

Further, statutory auditors of the company are required to comment on the Fraud Policy of the company in their report to the Comptroller and Auditor General of India (C&AG) on the annual accounts of the company given in compliance of the provisions of Section 619(3) of the Companies Act, 1956.

In the light of the foregoing and keeping in view the approach of NHDC Ltd. in following Corporate Governance principles proactively, it is appropriate that a Fraud Policy is formulated and implemented.

The policy statement is given below for implementation with immediate effect:

2. POLICY OBJECTIVES:

The "Fraud Policy" has been framed to provide a system for detection and prevention of fraud, reporting of any fraud that is detected or suspected and fair dealing of matters pertaining to fraud.

The policy will ensure and provide for the following:

(i) To ensure that management is aware of its responsibilities for detection and prevention of fraud and for establishing procedures for preventing fraud and/or detecting fraud when it occurs.

(ii) To provide a clear guidance to employees and others dealing with NHDC Ltd. forbidding them from involvement in any fraudulent activity and the action to be taken by them where they suspect any fraudulent activity.

(iii) To conduct investigations into fraudulent activities.

(iv) To provide assurances that any and all suspected fraudulent activity will be fully investigated.

3. SCOPE OF POLICY:

The policy applies to any fraud, or suspected fraud involving employees of NHDC Ltd. (all full time, part time or employees appointed on adhoc/temporary/contract basis) as- well as

TF&S

representatives of vendors, suppliers, contractors, consultants, service providers or any outside agency (ies) doing any type of business with NHDC Ltd.

4. DEFINITION OF FRAUD:

"Fraud" is a willful act intentionally committed by an individual(s) -by deception, suppression, cheating or any other fraudulent or any other illegal means, thereby, causing wrongful gain(s) to self or any other individual(s) and wrongful loss to other(s). Many a times such acts are undertaken with a view to deceive/mislead others leading them to do or prohibiting them from doing a bonafide act or take bonafide decision which is not based on material facts."

5. ACTIONS CONSTITUTING FRAUD:

While fraudulent activity could have a very wide range of coverage, the following are some of the

act(s), which constitute fraud.

(i) Forgery or alteration of any document or account belonging to the Company.

(ii) Forgery or alteration of cheque, bank draft or any other financial instrument etc.

(iii) Misappropriation of funds, securities, supplies or others assets by fraudulent means etc.

(iv) Falsifying records such as pay-rolls, removing the documents from files and /or replacing it by

a fraudulent note etc.

(v) Willful suppression of facts/deception in matters of appointment, placements, submission of reports, tender committee recommendations etc. as a result of which a wrongful gain(s) is made to one and wrongful loss(s) is caused to the others.

(vi) Utilizing Company funds for personal purposes.

(vii) Authorizing or receiving payments for goods not supplied or services not rendered.

(viii) Destruction, disposition, removal of records or any other assets of the Company with an ulterior motive to manipulate and misrepresent the facts so as to create suspicion/suppression/cheating as a result of which objective assessment/decision would not be arrived at.

(ix) Any other act that falls under the gamut of fraudulent activity.

6. REPORTING OF FRAUD:

Any employee (full time, part time or employees appointed on adhoc /temporary/contract basis), representative of vendors, suppliers, contractors, consultants, service providers or any other agency (ies) doing any type of business with NHDC Ltd. as soon as he / she comes to know of any fraud or suspected fraud or any other fraudulent activity must report such incident(s). Such reporting shall be made to the designated Nodal Officer(s), nominated in

TF&S

every project/unit/Corporate Centre. If, however, there is shortage of time such report should be made to the immediate controlling officer whose duty shall be to ensure that input received is immediately communicated to the Nodal Officer.

The reporting of the fraud normally should be in writing. In case the reporter is not willing to furnish a written statement of fraud but is in a position to give sequential and specific transaction of fraud/suspected fraud, then the officer receiving the information/Nodal Officer should record such details in writing as narrated by the reporter and also maintain the details about the identity of the official/ employee / other person reporting such incident. Reports can be made in confidence and the person to whom the fraud or suspected fraud has been reported must maintain the confidentiality with respect to the reporter and such matter should under no circumstances be discussed with any unauthorized person.

(i) All reports of fraud or suspected fraud shall be handled with utmost speed and shall be coordinated by Nodal Officer(s) to be nominated.

(ii) Officer receiving input about any suspected fraud/nodal officer(s) shall ensure that all relevant records documents and other evidence is being immediately taken into custody and being protected from being tampered with, destroyed or removed by suspected perpetrators of fraud or by any other official under his influence.

7. INVESTIGATION PROCEDURE:

(i) The "Nodal Officer" shall, refer the details of the Fraud/suspected fraud to the Vigilance Department of NHDC Ltd. for further appropriate investigation and needful action.

(ii) This input would be in addition to the intelligence, information and investigation of cases of fraud being investigated by the Vigilance Dept. of their own as part of their day-to-day functioning.

(iii) After completion of the investigation, due & appropriate action, which could include administrative action, disciplinary action, civil or criminal action or closure of the matter if it is proved that fraud is not committed etc. depending upon the outcome of the investigation shall be undertaken.

(iv) Vigilance Department shall apprise "Nodal Officer" of the results of the investigation undertaken by them. There shall be constant coordination maintained between the two.

8. RESPONSIBILITY FOR FRAUD PREVENTION:

(i) Every employee (full time, part time, ad hoc, temporary, contract), representative of vendors, suppliers, contractors, consultants, service providers or any other agency (ies) doing any type of business with NHDC Ltd. is expected and shall be responsible to ensure that there is no fraudulent act being committed in their areas of responsibility/control. As soon as it is learnt that a fraud or suspected fraud has taken or

TF&S

is likely to take place they should immediately apprise the same to the concerned as per the procedure.

(ii) All controlling officers shall share the responsibility of prevention and detection of fraud and for implementing the Fraud Policy of the Company. It is the responsibility of all controlling officers to ensure that there are mechanisms in place within their area of control to:

a. Familiarize each employee with the types of improprieties that might occur in their area.

b. Educate employees about fraud prevention and detection.

c. Create a culture whereby employees are encouraged to report any fraud or suspected fraud, which comes to their knowledge, without any fear of victimization.

d. Promote employee awareness of ethical principles subscribed to by the Company through CDA Rules;

(iii) Due amendments shall be made in the general conditions of contracts of the organization wherein all bidders/service providers/ vendors/ consultants etc. shall be required to certify that they would adhere to the Fraud Policy of and not indulge or allow anybody else working in their organization to indulge in fraudulent activities and would immediately apprise the organization of the fraud/suspected fraud as soon as it comes to their notice.

These conditions shall form part of documents both at the time of submission of bid and agreement of execution of contract.

9. ADMINISTRATION AND REVIEW OF THE POLICY:

The Managing Director/CED/CEO shall be responsible for the administration, interpretation, application and revision of this policy. The policy will be reviewed and revised as and when needed.

Policy and Procedure for Banning Business Dealings

Page 1 of 6


1.0 Introduction

1.1 NHDC Ltd. deals with Agencies viz parties/ contractors/suppliers/bidders, who are expected to adopt ethics of highest standards and a very high degree of integrity, commitments and sincerity towards the work undertaken. It is not in the interest of NHDC to deal with Agencies who commit deception, fraud or other misconduct in the tendering process.

1.2 Since banning of business dealings involves civil consequences for an Agency concerned, it is incumbent that adequate opportunity of hearing is provided and the explanation, if tendered, is considered before passing any order in this regard keeping in view the facts and circumstances of the case.

2.0 Scope

2.1 The Information for Bidders/ Ins truction to Bidders and even the General Conditions of Contract (GCC) of NHDC generally provide that NHDC shall have the rights to remove from list of approved suppliers / contractors or to ban business dealings if any Agency has been found to have committed misconduct or fraud or anything unethical not expected from a reputed contractor.

2.2 The procedure of (i) Removal of Agency from the List of approved suppliers / contractors; (ii) Suspension and (iii) Banning of Business Dealing with Agencies, has been laid down in these guidelines.

2.3 These guidelines shall apply to all the Projects/ Power Stations/ Regional Offices/ Liaison Offices and Corporate Office, Bhopal of NHDC.

2.4 It is clarified that these guidelines do not deal with the poor performance of the Contractors/ Agencies.

2.5 The banning shall be with prospective effect, i.e. future business dealings.

ANNEXURE-II

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3.0 Definitions

In these Guidelines, unless the context otherwise requires:

i) "Party / Contractor / Supplier / Bidders" shall mean and include a public limited company or a private limited company, a joint Venture, Consortium, HUF, a firm whether registered or not, an individual, cooperative society or an association or a group of persons engaged in any commerce, trade, industry etc. "Party / Contractor/ Supplier / Bidder” in the context of these guidelines is indicated as 'Agency'.

ii) "Unit" shall mean the Project/ Power Station/ Regional Office/ Liaison Office.

iii) "Competent Authority" and 'Appellate Authority' shall mean the following:

a) For NHDC Wide Banning

The Chief Executive Director shall be the 'Competent Authority' for the purpose of these guidelines. CMD shall be the 'Appellate Authority' in respect of such cases.

b) For Projects/ Power Stations/ Regional Offices/Liaison Offices

Head of the Unit not below the rank of Chief Engineer/Chief shall be the 'Competent Authority' for the purpose of these guidelines. The Chief Executive Director shall be the 'Appellate Authority' in all such cases.

iv) "Investigating Committee" shall mean any Officer/Committee appointed by Competent Authority to conduct investigation.

v) "List of approved Agencies viz Parties / Contractors / Suppliers/Bidders" shall mean and include list of Parties/ Contractors / Suppliers / Bidders etc if registered with NHDC.

4.0 Initiation of Banning / Suspension

Action for banning /suspension business dealings with any Agency shall be initiated by the department responsible for invitation of bids after noticing the irregularities or misconduct on the part of Agency concerned. Besides the concerned department, Vigilance Department of each Unit/ Corporate Vigilance may also be competent to initiate such action.


Page 3 of 6

5.0 Suspension of Business Dealings.

5.1 If the conduct of any Agency dealing with NHDC is under investigation, the Competent Authority may consider whether the allegations (under investigation) are of a serious nature and whether pending investigation, it would be advisable to continue business dealing with the Agency. If the Competent Authority, after consideration of the matter including the recommendation of the Investigating Committee, if any, decides that it would not be in the interest to continue business dealings pending investigation, it may suspend business dealings with the Agency. The order of suspension would operate for a period not more than six months and may be communicated to the Agency as also to the Investigating Committee. The Investigating Committee may ensure that their investigation is completed and whole process of final order is over within such period. However, if investigations are not completed in six months time, the Competent Authority may extend the period of suspension by another three months, during which period the investigations must be completed.

5.2 The order of suspension shall be communicated to all Departmental Heads of NHDC and Heads of the Units. During the period of suspension, no business dealing may be held with the Agency.

5.3 As far as possible, the existing contract(s) with the Agency may continue unless the Competent Authority, having regard to the circumstances of the case, decides otherwise.

5.4 If the Agency concerned asks for detailed reasons of suspension, the Agency may be informed that its conduct is under investigation. It is not necessary to enter into correspondence or argument with the Agency at this stage.

5.5 It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the order of suspension.

6.0 Ground on which Banning of Business Dealings can be initiated

6.1 If the security consideration, including questions of loyalty of the Agency to NHDC so warrants;


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6.2 If the director /owner of the Agency, proprietor or partner of the firm, is convicted by a Court of Law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises, during the last five years;

6.2 If business dealings with the Agency have been banned by the Department of Power, Government of India.

6.3 If the Agency has resorted to corrupt, fraudulent practices including misrepresentation of facts;

6.4 If the Agency uses intimidation / threatening or brings undue outside pressure on NHDC or its official for acceptance / performances of the job under the contract;

6.5 If the Agency misuses the premises or facilities of the NHDC, forcefully occupies or damages the NHDC's properties including land, water resources, forests / trees or tampers with documents/records etc. (Note: The examples given above are only illustrative and not exhaustive. The Competent Authority may decide to ban business dealing for any good and sufficient reason).

7.0 Banning of Business Dealings

7.1 A decision to ban business dealings with any Agency shall normally apply throughout NHDC. However, the Competent Authority of the Unit can impose such ban unit-wise only if in the particular case banning of business dealings by respective Unit will serve the purpose and achieve its objective and banning throughout the Company is not required in view of the local conditions and impact of the misconduct / default to beyond the Unit. Any ban imposed by Corporate Office shall be applicable across all Units of NHDC.

7.2 There will be an Investigating Committee in each Unit to be appointed by Head of the Unit for processing the cases of "Banning of Business Dealings". However, for procurement of items /award of contracts at Corporate Office, the committee shall consist of officers not below the rank of Chief Engineer/ Chief from Indenting Division, Finance, Law and Contracts. Member from department responsible for invitation of bids shall be the convener of the committee. The functions of the committee shall, inter-alia include:

i) To study the report of the department responsible for invitation of bids and decide if a prima-facie case for banning exists, if not, send back the case to the Competent Authority.


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ii) To recommend for issue of show-cause notice to the Agency by the concerned department as per clause 9.1.

iii) To examine the reply to show-cause notice and call the Agency for personal hearing, if required.

iv) To submit final recommendations to the Competent Authority for banning or otherwise.

8.0 Removal from List of Approved Agencies - Suppliers/ Contractors, etc.

8.1 If the Competent Authority decides that the charge against the Agency is of a minor nature, it may issue a show-cause notice as to why the name of the Agency should not be removed from the list of approved Agencies - Suppliers / Contractors, etc.

8.2 The effect of such an order would be that the Agency would not be qualified for competing in Open Tender Enquiries or Limited Tender Enquiries till the period mentioned in the order.

8.3 Past performance of the Agency may be taken into account while processing for approval of the Competent Authority for awarding the contract.

9.0 Show-cause Notice

9.1 In case where the Competent Authority decides that action against an Agency is called for, a show-cause notice has to be issued to the Agency, Statement containing the imputation of misconduct or misbehavior may be appended to the show-cause notice and the Agency should be asked to submit within 15 days a written statement in its defence.

9.2 If the Agency requests for inspection of any relevant document in

possession of NHDC, necessary facility for inspection of documents may be provided.

9.3 The Competent Authority may consider and pass an appropriate speaking order:

a) For exonerating the Agency if the charges are not established;


Page 6 of 6

b) For removing the Agency from the list of approved Suppliers / Contactors, etc.

c) For banning the business dealing with the Agency.

9.4 If it decides to ban business dealings, the period for which the ban would be operative may be mentioned.

10.0 Appeal against the Decision of the Competent Authority

10.1 The Agency may file an appeal against the order of the Competent Authority banning business dealing etc. The appeal shall be filed to Appellate Authority. Such an appeal shall be preferred within one month from the date of receipt of the order banning business dealing, etc.

10.2 Appellate Authority would consider the appeal and pass appropriate order which shall be communicated to the Agency as well as the Competent Authority.

11.0 Circulation of the names of Agencies with whom Business Dealings have been banned

The concerned unit shall forward the name and details of the Agency(ies) banned to IT&C Division of Corporate Office for displaying the same on the NHDC website.


SECTION - IV

SPECIAL CONDITIONS OF CONTRACT


SECTION-IV

Special Condition of Contract

“Tests, examination and inspections shall be carried out in direct Supervision of the competent

person or by a person so authorized by an institution recognized to be a competent person”

Sr. Manager (C&P)


SECTION - V

SCOPE OF WORK


SECTION-V

SCOPE OF WORK

(i) Ultrasonic external testing of 42 Nos. Pressure Vessels of Omkareshwar Power

Station. (As per attached Annexure-I).

(ii) Testing of Eight (08) Nos. Cranes, 27 Nos. web slings, 19 Nos. d shackles, 1no. 2T

hoist, 11 no. chain pulleys, 20 no. safety belts, 8 no. Safety harness, 2 no. lane yard,

yard, 3 no. fall arrestor, 2 Life line Rope & 2 no. retractable fall arrestor of

Omkareshwar Power Station (As per attached Annexure-I).

(iii) Test Reports will be submitted by agency after successful completion of the above

inspection/ testing work.

Note: The equipments covered under the scope of work should be tested during the period OR on

dates as directed by Engineer - In-Charge.

Sr. Manager (C&P)

Annexure-I

[1]

1st Testing 2nd Testing

1 Air Receiver of Governing System P V No. 01 Unit No.01 at Turbine Floor 11.08.2016 10.02.17








9 Air Receiver of Brake & Jack P V No. 09 Unit No.08 at Turbine Floor 11.08.2016 10.02.17








17 Air Receiver of H.P. Compressor P V No. 17 Unit # 04 at Turbine Floor 11.08.2016 10.02.17









26 Air Receiver of Circuit Breaker P V No. 26 Switchyard Bay No. 01 (B/Coupler Bay) 11.08.2016 10.02.17

27 Air Receiver of Circuit Breaker P V No. 27 Switchyard Bay No. 03 (O/G Line#5) 11.08.2016 10.02.17





32 Air Receiver of Circuit Breaker P V No. 32 Switchyard Bay No. 08 (U#8) 11.08.2016 10.02.17








40 Air Receiver of L.P. Compressor P V No. 40 Near Unit# 05 at Generator Floor 11.08.2016 10.02.17

41 Air Receiver of L.P. Compressor P V No. 41Compressor Unit at Workshop of Transport Division

11.08.2016 10.02.17

42 Air Receiver of L.P. Compressor P V No. 42Air Compressor at Hydro Mechanical Division

11.08.2016 10.02.17

Testing of Pressure Vessels & Cranes

Pressure Vessels

S. No DescriptionIdentificati-

on NoLocation

Due Date for External Testing during 2016-17

S. No DescriptionIdentificat-

ion NoLocation

[2]

1 EOT (145 / 30 / 10 Ton) LT-01 Power House Erection Bay

2 EOT (145 / 30 / 10 Ton) LT-02 Power House Erection Bay

3 EOT ( 80 / 20 Ton) Unloading Bay LT-03 Power House Unloading Bay

4 Gantry Crane for DT Gate LT-04 Transformer Deck

5 Gantry Crane for Bulkhead Gate LT-05 Power Dam

6 Gantry Crane for Stoplog LT-06 Dam

7 20MT Mobile Hydraulic Crane LT-25 Transport Workshop

8 Trash Rack Cleaning M/c LT-26 Power Dam

[3]Wire Ropes/ lifting Belts/ Web Slings

WS-01 to WS-08

and RS-01 to RS 16

Power House & Hydromechanical Wing

[4] D- ShacklesDS-01 to DS-

12Power House & Hydromechanical Wing

[5]2T Hoist for maintenance of Drainage Dewatering System power House

Power house Drainage Sump between U#4 & U#5

[6] Chain Pulleys Blocks/Lever Hoists Power House

[7] Safety Belts Power House

[8] Safety Harness Power House

[9] Lane Yard Power House [10] Fall Arrestor Power House [11] LifeLine Ropes Power House [12] Retractable Fall arrestor Power House

[13]Wire Ropes/ Lifting Belts/ Web Slings

SW1 Transport Workshop

[14] D- Shackles DS 1 to 7 Transport Workshop

Cranes, Lifting Tools & Tackles

11.02.17

11.02.17

11.02.17

11.02.17

11.02.17

11.02.17

17.08.2016

17.08.2016

17.08.2016

17.08.2016

Sr. Manager (C&P)

Cranes

17.08.2016

17.08.2016

17.08.2016

17.08.2016

29.09.201629.09.201629.09.2016

17.08.2016

29.09.2016

29.09.2016

Due Date for Annual Testing during 2016-17


SECTION - V

TENDER FORMS


FORM-1

TENDER ACCEPTANCE LETTER (To be given on Company Letter Head)

Date:

To, Sr. Manager (P&C) NHDC Ltd., OSP Ref: - NIT No. NHDC/3/C/347/NIT-39/16/1440 Dt. 08.07.2016. Name of Work: “Inspection/Testing of Pressure Vessels Cranes and lifting tools & tackles at Omkareshwar Power Station by Competent person Under Factory Act/Rules.”

Sir, 1. I/We have downloaded/ obtained the tender document(s) for the above mentioned

‘Tender/Work’ from the web site www.eprocure.gov.in. 2. I/We hereby certify that I/we have read all the terms and conditions of tender document from

Page No. 01 to 48 (including all annexure(s), schedule(s), drawing(s), etc.), which shall form part of the contract agreement and I/we shall abide hereby by all the terms & conditions contained therein.

3. The corrigendum(s) issued from time to time by your department/ organisation too has also been taken into consideration, while submitting this acceptance letter.

4. I/ We hereby unconditionally accept all the terms and conditions of above mentioned tender document and corrigendum(s) as applicable.

5. In case any provisions of this tender are found violated, then your department/ organisation shall without prejudice to any other right or remedy be at liberty to reject my bid including the forfeiture of earnest money deposit.

6. I/ We confirm that before submitting this Bid, I/ We have visited the Project site and fully acquainted ourselves with the site conditions and local situation regarding materials, required for inspection and rectification, labour and all other factors pertaining to the work under this Bid.

7. I/ We confirm that our bid shall be valid upto 120 days from the date of opening of Cover-1, Techno-commercial Bid.

8. I/ We hereby certify that all the statements made and information supplied in the enclosed Annexures and Forms and additional data etc. furnished herewith are true and correct.

9. I/ We have furnished all information and details necessary for demonstrating our qualification and have no further prominent information to supply.

10. Until a formal contract is prepared and executed, this bid, together with your notification of award, will constitute a binding contract between us.

11. I/ We understand that you are not bound to accept the lowest or any bid you may receive. 12. I/ We certify / confirm that we comply with the eligibility requirements as per Bid documents.

Seal and Sign of Bidder Name:

Address:

http://www.eprocure.gov.in/

FORM-2 DECLARATION/UNDERTAKING

A) I/We confirm that the provisions of Micro, Small & Medium Enterprise are applicable/ not applicable to us and our organization falls under the definition of:

(i) [ ] - Micro Enterprise (ii) [ ] - Small Enterprise (iii) [ ] - Medium Enterprise. (iv) Whether belongs to SC/ST [Yes/No]

Please tick in the appropriate option box [ ] and attach documents /certificate, if any.

B) I/We also undertake to inform the change in this status as aforesaid during the

currency of the contract, if any.

(Authorised Representative of Bidder)

FORM-3

ELECTRONIC CLEARING SERVICES (CREDIT CLEARING) (PAYMENT TO PARTIES THROUGH ECS/RTGS/EFT/Net Banking)

No.

1. PARTY'S NAME :

ADDRESS :

E. Mail ID :

PHONE/ MOBILE NO.

:

2. PARITICULARS OF BANK ACCOUNT

A. BANK NAME :

B. BRANCH NAME :

BRANCH CODE

:

ADDRESS :

TELEPHONE NO. :

C. 9- DIGIT CODE NUMBER OF THE BANK & BRANCH (MICR Code)

Encl. A copy of cancelled cheque for record & correctness of code number.

:

D. IFSC Code of the Beneficiary Bank

E. ACCOUNT TYPE (S.B. Account/ Current Account or Cash Credit)

:

F. BANK ACCOUNT NO. OF THE PARTY

:

I hereby declare that the particulars given above are correct and complete. If the transaction is delayed or not effected at all for reasons of incomplete or incorrect information, I would not hold the user Company responsible.

I agree to bear bank charges for transaction through ECS/NEFT/RTGS. (-----------------------------------------)

Date : Signature of the Party Certified that the particulars furnished above are correct as per our records. (Bank’s Stamp)

(…………………………………..) Signature of the Authorised Official From the Bank

FORM-4

CERTIFICATE

This is to certify that I/We would adhere to the Fraud policy of NHDC Ltd., and not indulge or allow

anybody else working in our organisation to indulge in fraudulent activities and would immediately

apprise the organisation of the fraud/ suspected fraud as soon as it comes to our notice.

(……………………………..)

SEAL AND SIGNATURE OF THE

AUTHORISED REPRESENTATIVE OF FIRM

FORM-5

DECLARATION BY BIDDER

I/We, M/s ……………………………………………………………………. (Name of Bidder) hereby certify that I/we have not

been banned/ de-listed/ black listed/ debarred from business by any PSU/ Govt. Department during last 03

(three) years on the grounds mentioned in para 6.0 of ‘Policy and Procedure for Banning Business Dealings’

(Annexure-II) to Terms and Conditions of Tender Document.

(……………………………..)

SEAL AND SIGNATURE OF THE BIDDER

Form-6

NHDC LTD. (Regd. Office, NHDC Parisar, Shyamla Hills, Bhopal – 462013 (M.P)

Omkareshwar Power Station, Siddhwarkut, Khandwa

Format for identifying the bidder under ‘Related Party Disclosures’ (To be filled in by the respective enterprise/firm/corporation)

1. Name of the enterprise/firm/corporation & ……………………………………………

Address. ……………………………………………

……………………………………………

2. Nature of business of the Engaged in Mfg. or Providing/ tendering

firm/corporation/entity Production of goods of Services

3. Nature of business with NHDC Ltd. ……………………………………………

……………………………………………

Whether the bidder falls under any of the categories of ‘Related Party’ with respect to NHDC as details below - Yes / No

If “Yes” please submit the details as below: -

Sl. No.

Description Yes

/

No

If yes, then nature of relation, name of relative, Designation, Employee No.

etc.

1 Holding companies, subsidiaries and fellow subsidiaries.

2 Associates and joint ventures

3 Individuals (incl. their relatives) – having voting power giving them control or significant influence.

4 Key management personnel including their relatives

5 Enterprises where controlling individual or key managerial personnel has significant influence

6 The bidder is any director of the NHDC, firm, association partner of the firm, or member of association of persons or Hindu undivided family, or any family relative of such director, partner or member

7 Any individual who has a substantial interest in the business or profession of the NHDC, or any relative of such individual

8 A company, firm, association of persons or Hindu undivided family having substantial interest in the business or profession of the NHDC or any director, partner or member of such company, firm, association or family, or any relative of such director, partner or member.

9 A company, firm, association of persons or Hindu undivided family of which a director, partner or member, as the case may be, has a substantial interest in the business or profession of the NHDC; or any director, partner or member of such company, firm, association or family or any relative of such director, partner or member

10 Any person who carries on a business or profession

Where the bidder being an individual, or any relative of such bidder, has a substantial interest in the business or profession of that person.

Signature of authorized Person of bidder with Seal and Date

FORM-7

WARRANTY FORM

M/s …………………………………………………………………… having its registered office at ………………………………………herein after referred to as the Contractor having carefully studied all the documents, specifications, drawings, etc. pertaining to the Contract for works required for the work of “Inspection/Testing of Pressure Vessels Cranes and lifting tools & tackles at Omkareshwar Power Station by Competent person Under Factory Act/Rules” by OSP, NHDC Ltd” and the local and site conditions and having undertaken to execute the said works.

DO HEREBY WARRANT THAT:

1. The Bidder is familiar with all the requirements of the Contract.

2. The Bidder has investigated the site and satisfied himself regarding the character of the work and local conditions that may affect the work or its performance.

3. The Bidder is satisfied that the work can be performed and completed as required in the contract.

4. The Bidder accepts all risks directly or indirectly connected with the performance of the Contract.

5. The Bidder has had no collusion with other Bidders, with any of the men of the Engineer-in-Charge or with any other person in Corporation to execute the said works according to the terms and conditions of the said Contract.

6. The Bidder has not been influenced by any statement or promise of the Corporation or of Engineer-in-Charge but only by the Contract documents.

7. The Bidder is financially solvent.

8. The Bidder is experienced and competent to perform the Contract to the satisfaction of the Engineer-in-Charge.

9. The statement submitted by the Bidder is true.

10. The Bidder is familiar with all general and special Laws, Acts, Ordinances, Rules and Regulations of the Municipalities, District, State and Central Government that may affect the work, its performance or personnel employed therein.

Date : ……………………………………..

Authorised Representative of Bidder


SECTION - VII

SCHEDULE OF QUANTITIES AND RATES


Schedule A

Sl.No. Description of material Frequency of

Test Unit Quantity Rate (Rs.)

Amount (Rs.)

Nos. 42

Nos. 42

2 Testing of EOT / Gantry Cranes/Mobile Hydraulic/TRCM. Once in Year Nos. 8

3 Web Slings/lifting belts/wire rope slings (Different size) Once in Year Nos. 27

4 D shackles etc. (Different size) Once in Year Nos. 19

5 2T Hoist for maintenance of Drainage Dewatering System power House Once in Year Nos. 1

6 Chain Pulleys Blocks/Lever Hoists Once in Year Nos. 11

7 Safety Belts Once in Year Nos. 20

8 Safety Harness Once in Year Nos. 8

9 Lane Yard Once in Year Nos. 2

10 Fall Arrestor Once in Year Nos. 3

11 Life Line Rope Once in Year Nos. 2

12 Retractable Fall arrestor Once in Year Nos. 2

Note1abc23

Sr. Manager (C&P)

In Words (Rs. ……………………………………………………………………………………………………………………………………………………………………)

1 Ultrasonic External Testing of Pressure Vessel Twice in Year

Sub total

Additional Expenses (if any)

Taxes and Duties

SCHEDULE OF QUANTITIES AND PRICES

IF THERE IS NO MENTION OF ANY OTHER CHARGES OR TAXES TO BE PAYABLE EXTRA ON THEQUOTED PRICE THEN IT WOULD BE PRESUMED THAT QUOTED RATES ARE INCLUSIVE OF ALL THECHARGES, DUTIES & TAXES FOR THE COMPLETE SCOPE OF WORK.

Name of Work: Inspection/Testing of Pressure Vessels, Cranes and lifting tools & tackles at Omkareshwar Power Station by Competentperson Under Factory Act/Rules

Grand Total

Firm Should Clearly Mention the following:All Taxes & Duties With Applicable PercentageWhether Taxes are Included In Quoted Price or Are Applicable Extra On Quoted PriceAny Other Charge Payable Extra On Quoted PriceItems should be as per the Scope of work mentioned in Section IV

information and instruction for tenderers

Documents