maharashtra state electricity distribution …€¦ · · 2009-06-09[ bid submitted without d.d...

Signature and Seal of the Tenderer

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CENZ / TECH/A-II /09-10 / T-04

………………………………………………………………………………………………

No.CENZ /TECH /A-II/Tender /09-10/ 2882 Date:- 08-06-2009

SHORT- TENDER-NOTICE

Super scribed and Sealed offers are invited from Manufacturers and Authorized

dealers For Supply Of L.T . Energy Metering Box For DTC Metering work made by Deep Drawn process by

using CRCA Sheet Steel metal ,as per drawing & specifications , in a two bid system tender . The Due date of

submission is on or before 18-06-09 up to 13=00 hrs . The offers will be opened on the same date i.e. on

dated 18-06-09 at 14=00 hrs if possible in the presence of Tenderers / Representative who ever choose to be

present at the time of opening.

Tender No. CE/NZ/Tech/A-II/ 09-10/ T- 04

Supply Of L.T . Energy Metering Box For DTC Metering work made by Deep Drawn process

by using CRCA Sheet Steel metal , as per drawing & specifications , shall Comply with the requirement of IP-53

Type as per IS- 13947 .

Estimated Cost ;- Rs. 30=00 Lakhs , EMD :- Rs. 30,000 /-

I) ENVELOPE-A. :- [ Contain qualifying documents only ]

Please note:- Eligible bidders should comply conditions as specified in tender document . Bidders who failed to

comply conditions mentioned in Tender document will not be entitled for opening price bid.

II) ENVELOPE-B.:- Price - Bid Should be quoted in the schedule – A format enclosed in Tender document. III) ENVELOPE-C. :- This Envelope will contain Envelope-A & Envelope - B only.

OTHER CONDITIONS. [ for detailed conditioned see Tender documents ]

1]The offer should reach this office on or before 18-06-09 up to 13=00 hrs

The Technical Bid & Price Bid will be opened on the same day if possible. 2) No documents will be sold by this office &,Tenders through Post will not be accepted.

The Tender document should be downloaded from our web-site . The cost of Tender document Rs 3000=00 should be submitted in the form of D.D payable at Nagpur, in the name of "Superintending Engineer , Civil Circle ,MSEDCL Nagpur." on any scheduled Bank at Nagpur. Please enclosed D.D in Envelope A along with qualifying documents. [ Bid Submitted without D.D shall be considered as NoN- responsive and shall be rejected ] .

3) The material is required urgently for the DTC metering work. The first lot is required within 30 days & II lot in next 30 days . [ Total delivery period 60 days. ] . Only Firm who are capable of supplying material with in 60 Days should submit their offer . Please Note.

4) Sample along with offer is must . Offer without Sample , Stand Rejected . 5) The Undersigned reserves the right to reject any or all offers without assigning any reasons thereof.

CHIEF ENGINEER (NZ)

MSEDCL,NAGPUR

MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD.

Office of The Chief Engineer, Nagpur Zone,

1st floor, Vidyut Bhavan, Katol Road ,Nagpur -13.

Ph:- .2591139 , 2591976 , FAX-0712-2591927,


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No. CENZ/TECH/A-II /09-10/T- 4 /

Issued to M/s -------------------------------

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

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

Phone : Fax:

Tender Documents For Supply Of L.T . Energy Metering Box For

DTC Metering work made by Deep Drawn process by using CRCA Sheet Steel metal ,as

per drawing & specifications .

Returnable not later than l3.00 Hrs on 18/ 06 /09 in tender box only.

Tender will be opened at l4.00 Hrs. on 18/06 /09 if possible

Estimated cost Rs. 30 Lakhs (Rs. Thirty Lakhs only.)

Office of the CHIEF ENGINEER

Maharashtra State Electricity Distribution Company Ltd.

Nagpur Zone,Ist floor, Vidyut Bhavan,

Katol Road,Nagpur-440013.

Price : Rs. 3,000/- per tender. Receipt No.: ……………

Date : …………………..

I / We certify that this Tender offer consists of ____ duly numbered pages

EMD Rs. 30,000/- paid vide money receipt No.-------------- dt.----------------


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MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD.

NAGPUR ZONE NAGPUR

Tender No. CENZ/TECH/A-II /09-10/T-4

NAME OF WORK

Supply Of L.T . Energy Metering Box For DTC Metering work made by Deep Drawn

process by using CRCA Sheet Steel metal ,as per drawing & specifications .

INDEX

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

Sr.No. Description Page No

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

l. Letter to Tenderer 4

2. Annexure 'A' Instruction to the Tenderer. 5

3. Annexure 'B'- Conditions of Tender and Supply. 15

4. Letter to the Chief Engineer(NZ). 22

5. Schedule 'A' (Price Bid In Envelope II ) 23

6. Technical specification Annexure C 24

7. Drawings 28

Note : This Tender document issued to the tenderer comprises of duly

numbered pages and must be submitted intact and duly filled in, signed, affixing his

seal on each page (below) of Tender document by the Tenderer. All the Tender

documents properly stitched together shall be enclosed in a duly sealed envelope.


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MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD.

NAGPUR ZONE, NAGPUR.

Tender No. CENZ/TECH/A-II /09-10/T-04

LETTER TO THE TENDERER

M/s -------------------------------------

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

Dear Sir,

Please quote your lowest rates in two bid system for delivery at Store Center

Wardha, Tumsar, Chandrapur in Maharashtra State for the supply of materials as

mentioned in Annexure 'C' and as per technical specification and return the tender

documents duly filled in, signed on each page and stating the offered delivery schedule in

item No.11 of schedule 'A' enclosed . Rates should be offered in Schedule 'A' only (

and not on your letter head) duly signed and should bear your seal. You are also

requested to note the instructions to the tenderer (Annexure 'A') before submitting your

offer.

Yours faithfully

Chief Engineer

Nagpur Zone, Nagpur.

Nagpur

Date :


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ANNEXURE 'A'

INSTRUCTIONS TO THE TENDERER I. Two Bid System :

The Offer is to be submitted in two envelopes super scribed as 'Envelope A' and

'Envelope B ' in Tender Box in due time . The sample of the box is also to be

submitted along with each offer, Without sample the offer will not be

considered. Separate sample for each Tender & offer.

a) Envelope A : Envelope containing the qualifying documents / certificates should

properly sealed and super scribed as below :Tender for Supply Of L.T . Energy Metering

Box For DTC Metering work / Tender No : T- 04 The due date & time

EMD paid details, D.D. NO. , M.R. NO., DATE:- , Firms name & address.

The envelope I should contain following qualifying document.

DD/ Photo copy of money receipt paid against EMD.

1. Valid registration.(manufacturer / authorized dealer )

2. Sales Tax registration / VAT Registration.

3. Technical specification of the meter box offered and deviation from the prescribed

specification.

4. Type Test Certificate from laboratories as per IP -53 [ IS -13947 ] .

5. Testing facilities available as prescribed as per IP -53

6. Experience in supply of Box. copy of supply order, certificates, etc

Single Order copy of at least 50% value of present Tender cost will be

preferred.

7. Whether sample submitted. Yes / No.

8. Whether Documents submitted Yes/No

Regarding Guaranteed Technical Particulars.

9 copy of balance sheet of 2 years certified by C.A., to examine the

financial capacity of bidder ,along with I.T. return file copy of last 2 year.

The bidder should have a total turnover at least equal to the

tender value during the last Two financial years

[ i.e. 06-07 , 07-08 ] in any Two financial years ,

10 Whether agreed for Company 's terms for Liquidated Yes/No

damages for Late Delivery as specified under

clause no.9 of conditions of Tender and Supply.

11. Tender document duly signed without price offer.


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b. Envelope B

The envelope B should contain the price Bid offer in Schedule A [page -23] attached

and should be placed in envelope C with marking as Price bid for supply of CT Meter

boxes for DTC Metering Work. Tender No. The due date & time. Firms name &

address.

II. A: PRICES :

Prices are acceptable only on FOR destination basis inclusive of risk in transit and freight

paid basis showing the break-up as desired in the schedule "A". It shall be noted that

offers not confirming to FOR destination basis and to the unit as specified in Schedule

"A" of the tender documents may not be considered. Only firm price will be acceptable.

II. B: BASIS OF PRICES :

The tenderer shall quote the prices on firm price basis only, as has been specifically

brought out in the tender details. For any deviation in this regard, the offer shall be

summarily rejected.

III: EXCISE DUTY :

Excise Duty will be paid extra, if applicable and agreed to, in the contract, at the

rates applicable at the time of dispatch (within the contractual delivery period), on

Ex-works prices to be indicated by the tenderer, against copy of Excise Duty gate pass.

You must thereafter quote :-

a) The rate at which Excise Duty is applicable on different slabs.

b) The rate of Excise Duty applicable to the offer if contract is awarded.

c) Also you will give an undertaking that the Excise duty applicable

shall be firm and will not change during the contract, if awarded.

If the above details are not given, your offer is liable for rejection.

IV : SALES TAX / VAT:

i) This Company is registered under all sales tax Acts/Ordinance of the Maharashtra

State, so also under the Central Sales Tax Act l956.

ii) Declaration on Form "C" will be issued whenever and

wherever applicable.

iii) A copy of Sales Tax registration certificate, as applicable should

be attached alongwith the Tender, clearly quoting the sale tax

registration No. and date.

iv) Rates should be mentioned clearly inclusive/exclusive of sales TAX/VAT.


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V: OFFERING THE MATERIAL ON SLAB BASIS:

Tenderers are requested to quote only single price/rate for the quantity offered by

them. The offers with prices of the materials quoted on slab basis and/or with any

conditional discount on any account viz. Payment, quantity etc, shall be rejected. The

tenderers shall quote the delivery only in the unit of the item specified in Schedule "A" i.e.

quantity is in Sets or in Nos. etc.

VI : DISCLOSING THE NAME OF THE MANUFACTURER :

Whenever a material is described by name of the particular brand or being offered in

resale basis, the tenderer shall specifically disclose the name of the original supplier or

the manufacturer and the firm shall not be allowed to supply the material offered from

any other manufacturer unless the prior permission in writing is obtained from the

C.E.(NZ). Authorised dealership if any should be specified. Copy of certificate issued to

that effect should be enclosed.

VII : QUOTATION :

i) Tenderer shall quote his lowest reasonable rate per unit or set specified in Schedule

"A" only, and not on his letter head or in any other manner whatsoever, in figures

as well as in words. Any variation in the rates etc. will not be allowed on any ground

such as mistake, misunderstanding etc, after the tender has been submitted.

The tendered rate must include in general (a) all charges for container and

packing (b) all charges if any to effect F.O.R. delivery at the destination of the supplies.

ii) Supplier's printed terms and conditions will not be considered as forming part of

the tender.

iii) In case of difference between the rates in figures and in words and difference between

F.O.R. destination price and sum of its break-up in ex-works price, freight, transit

insurance etc, it will be considered to read the rates advantageous and economical to the

Company

VIII : AMBIGUITY IN QUOTATION:

Tenderers are requested to please make a note that in case of ambiguous terms in

respect of F.O.R. destination condition, Excise Duty, Sales Tax, Basis of Price (i.e.

firm/variable) or if the blanks are not filled in/answered, the offer/tender shall be rejected.


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IX: FILLING IN OF ANNEXURE" A"/ QUESTIONNAIRE :

Tenderers are requested to ensure that the comments against each and every

item/clause of Annexure/Questionnaire shall be clearly filled in and answered in

questionnaire to the tender, . Any item/clause shall not be left blank or unanswered.

If any item/clause is not applicable, the words "Not Applicable" shall be written against it.

No place in the offer should be left blank and no dashes are required.

X: MANDATORY REQUIREMENT OF SUBMISSION OF OFFER :

a) The tender documents are supplied in one copy per tender. The offer shall be

submitted in the prescribed form enclosed herewith duly filled in, signed and complete

in all respect (including all copies of reports etc). on or before due time and date of

submission, failing which the offer is likely to be rejected.

b) All the pages of the offer should be numbered and it should be mentioned on the

first page bottom "I/We certify that this tender offer consists of #___________

duly numbered pages "

(# Total nos. of pages to be mentioned by the Tenderer)

XI : ADDITIONS/ALTERATIONS PROHIBITED :

Tenderers shall not make any additions, alterations or changes in the tender form

and the conditions of tender and supply including the description of material mentioned in

Annexure "C".

XII : SIGNING OF THE TENDER DOCUMENTS :

Offers must be submitted alongwith the tender documents only and be clearly and

legibly filled in with all the Schedules and Annexures etc. complete in all respects and must

be either in ink or type written. Offer and all documents comprising of tender details.

Tender form, conditions of tender and Supply, Schedules "A", Questionnaire, drawings,

Annexures, test certificates and other documents should be duly signed on each page as

required and bear seal of the Tenderer.

On each page of the Tender offer and in correction, if any, to the information filled in,

should be initialed by the Tenderer with seal of his firm. There should be no over-writings.

Wherever required, the overwriting should be avoided and new details given only

initialed. Tenders not signed as above shall be liable to be rejected.


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XIII :QUANTITIES OFFERED:

Tenderers should, if not in a position to quote for the entire quantity and for delivery

as required, state specifically the quantities which they can deliver at the price quoted .

Silence on this point will entitle the responsibility for supply at quoted rate in full quantity

as per delivery offered.

XIV : TIMELY SUBMISSION OF OFFER :

a) Telegraphic offer or offers received in the form of Telex or Fax messages will not

be entertained and considered under any circumstances whatsoever.

b) Tender documents received after the due date and time of submission will not be

accepted.

c) Tender received in person or by post after the due date and time of submission shall

not be opened and no correspondence will be entertained. The Company shall not be

responsible for any loss arising out of such delay.

d) In case the date of opening the Tender happens to be holiday, the tender shall be

opened on the next working day at the same time.

e) The Company reserves the right to reject any or all offers without assigning any

reason whatsoever.

XV : DISREGARD OF TENDER CONDITIONS:

The Company reserves the right to reject any tender which does not confirm to any of

the conditions/instructions etc.

XVI : Tender containing any deviation/addition/alteration/change in the conditions of

tender and supply as stated in enclosed Scheduled and Annexures shall not be acceptable.

XVII: The tenderer should note that no correspondence shall be entertained or considered

after the due date and time of submission of tender unless otherwise sought by the

Company .

XVIII : To judge the capacity and capability of the tenderer or his manufacturer, the

tenderer shall furnish the list of orders executed by him or his manufactures /principals for

the last 3 years indicating the number and date of the order, name of the purchaser,

quantity ordered, value , the delivery quoted, the delivery executed and the

deviation/slippage in delivery. Copies of orders is required to be submitted alongwith

Tender. Performance certificate from appropriate authority may also be attached.


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XIX : ACCEPTANCE OF TENDER :

The Company does not bind to accept the lowest or any tender, neither will any

reasons be assigned for the rejection of any tender or part of tender,. It is also not binding

on the Company to disclose any analysis report on tender/samples. The tenderer on his

part binds himself to supply item or items selected from his offer in part or whole at the

option of the Company .

XX : The Company reserves the right to order out/procure only quantity in excess to

the extent of 50% or any less quantity, of the quantities offered by the tenderers. The

quantity so specified will be for dispatch to our stores as mentioned in Item No.24

consignees,

XXI : EARNEST MONEY DEPOSIT :

The tenderers should pay the Earnest Money 1 % of the estimated cost of Tender unless the

tenderer is exempted on account of statutory directives.

Earnest Money shall be paid either in cash in The Office of the Superintending Engineer, Nagpur Civil

Circle, Vidyut Bhavan, Second floor, Katol Road,Nagpur or by Demand Draft crossed "Payee's

account only" drawn in favour of "Superintending Engineer , Civil Circle ,MSEDCL Nagpur." on any

scheduled Bank at Nagpur. Reference to the tender No. should be given before the due date of the tender and

the relevant deposit amount and receipt No. should be mentioned in the tender. Interest shall not be allowed on

EMD. Earnest Money Deposit shall be forfeited : I) In case the tenderer withdraws the tender/offer during

the validity period or ii) In case the tenderer fails to pay the Security Deposit if the contract is award ed.

However, Tenderers from following categories are presently exempted from payment of earnest Money Deposit.

Any statutory changes in this respect will be binding upon the tenderer.

i) All Government and semi-Government institutions under Govt. of Maharashtra and Zilla Parishads in

Maharashtra and fully owned undertakings of any State Govt. and Govt. of India.

ii) Small Scale Industrial unit permanently registered with, Director of Industries, Maharashtra only for

the items mentioned in their permanent registration certificate,.

iii) Small scale Units registered with the National Small Scale Industries Corporation and Small Industries

Service Institute of Govt. of India. Only for items manufactured by them.


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XXII : EARNEST MONEY OF UNSUCCESSFUL TENDERER :

Earnest money deposited shall be returned to the unsuccessful tenderers as

soon as possible after the tender has been decided and on submission of original money

receipt of EMD payment to this office.

XXIII :OFFER OF SSI UNITS :

Offers of the SSI Units shall be considered for price preference applicable to them

only if they comply with provisions under G.R.No. SPO/l088/25l8/IND-6 dt. 2/l/92 and

Company's policy in implementation of same. The SSI Registration Certificate should

include the item for which the offer has been submitted.

A certified copy of the SSI Registration certificate for SSI Unit being in force at

present also should invariably be submitted with the offer. Every Tenderer will have to

produce original S.S.I. registration certificate (or equivalent) within 7 days of opening of

tender without fail for verification.

XXIV : DELIVERY :

The material will have to be delivered within the time period and destination as

specified .

XXV : SUBMISSION/SUPER SCRIBING OF THE TENDER DOCUMENTS :

The tenderers are requested to enclose their offers in an envelope of proper size,

duly sealed clothed envelope. This clothed envelope containing the complete offer(

Envelope I & II)shall be duly sealed and super scribed indicating the address,. tender No.

due time and date of submission and details as follows before posting or delivering the

same in Tender Box.

i)Tender No.

ii)Due date and time of submission.

iii) Due date and time of opening.

iv) Payment of E.M.D.

a) If paid give details; b) If not paid or exempted give details ;


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XXVI : ARBITRATION :

1) The matters to be determined by the Chief Engineer:

All disputes and differences of any kind whatsoever arising out of or in connection

with the contract, whether during the progress of the work or after its completion and

whether before or after the determination of the contract, shall be preferred by the

contractor to the C.E. and the C.E. shall (within 120 days after receipt of the contractor’s

representation make and notify decisions of all matters referred to by the contractor in

writing.

i) Demand for Arbitration :.

In the event of any disputes or difference between the parties hereto as to

the construction or operation of this contract or the respective rights and

liabilities of the parties on any matter in question, the disputes or difference

on any account or as to the withholding by MSEDCL of any certificate to which

the contractor may claim to be entitled to or if the C.E. fails to make a

decision (within 120 days) then and in any such case, the contractor( after

120 days) but within(180 days) of his presenting his final claim on disputed

matters, shall demand in writing that the dispute or difference to be referred

to arbitration.

ii) The demand for arbitration shall specify the matters which are in question, or

subject of the dispute or difference as also the amount of claim item wise.

Only such dispute(s) or difference(s) in respect of which the demand has

been made, together with counter claims or set off, shall be referred to

arbitration and other matters shall not be included in the reference.

a) The arbitration proceedings shall be assumed to have commenced

from the day, a written and valid demand for arbitration is received by

the Company.

b) The claimant shall submit his claim stating the facts supporting the

claims along with all relevant documents and the relief or remedy

sought against each claim within a period of 30 days from the date of

appointment of the Arbitral Tribunal

c) The Company shall submit its defense statement and counter claim(s),

if any, within a period of 60 days of receipt of copy of claims from the

Tribunal thereafter unless otherwise extension has been granted by

the Tribunal

iii) No new claim shall be added during the proceedings by either party.

However, a party may amend or supplement the original claims or defense

thereof during the course of arbitration proceedings subject to acceptance by

Tribunal having due regards to the delay in making it.

iv) If the contractor(s) does /do not prefer his /their specific and final claims in

writing , within a period of 90 days of receiving the intimation from the

Company, that the final bill is ready for payment, he / they will be deemed to

have waived his / their claim( s) and the Company shall be discharged and

released of all liabilities under the contract in respect of these claims.


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2) Obligation during pendency of Arbitration :

Work under the contract shall, unless otherwise directed by the Engineer,

continue during the arbitration proceedings, and no payment due or payable

by the Company shall be withheld on account of such proceedings, provided,

however, it shall be open for Arbitral Tribunal to consider and decide whether

or not such work should be continued during arbitration proceedings.

(i) In cases where the total value of all claims in question added together does not exceed Rs. 1,00,00,000/-(Rupees One Crore) the Arbitral Tribunal shall consist

of a Sole Arbitrator who shall be either the C.E. of the Company or serving or

retired Officer of the Company/Government not below the grade of C.E. or

equivalent nominated by the Chairman of the Company in that behalf. The Sole

Arbitrator shall be appointed within 60 days from the day when a written and

valid demand for arbitration is received by the Company.

(ii) In cases the value of the claim exceeds Rs. 1,00,00,000/-(Rupees One Crore) as above, the Arbitral Tribunal shall consist of panel of 3 serving or retired officers

of MSEDCL/Govt. not below the grade of CE/CAO as the Arbitrators. For this

purpose, the Company will send a panel of more than 3 names of arbitrators of

one or more department of the Company/Govt. to the contractor who will be

asked to suggest to the Chairman at least 2 names for appointment as

contractor’s nominee. The Chairman shall appoint at least one of them as the

contractor’s nominee and will also appoint the balance number of arbitrators

either from the panel or from outside the panel, duly indicating the presiding

arbitrator from amongst the three(3) arbitrators so appointed . While

nominating arbitrators, it will be necessary to ensure that one of them is or has

worked in Accounts department.

(iii) If one or more arbitrators appointed as above refuses to act as arbitrator, withdraws from his office as arbitrator or vacates his/their office/ offices or

is/are unable or unwilling to perform his functions as arbitrator for any reason

whatsoever or dies or in the opinion of the Chairman fails to act without undue

delay, the Chairman shall appoint new arbitrator/s to act in his/their place in the

same manner in which the earlier arbitrator/s had been appointed. Such

reconstituted Tribunal, may, as its discretion proceed with the reference from

the stage at which it was left by the previous arbitrator(s)

(iv) The Tribunal shall have powers to call for such evidence by way of affidavits or otherwise as the Arbitral Tribunal shall think proper, and it shall be the duty of

the parties hereto to do or cause to be done all such things as may be necessary

to enable the Arbitral Tribunal to make the award without any delay.

(v) While appointing arbitrator(s) as above, due care shall be taken that he/they is/are not the one/those who had an opportunity to deal with the matters to

which the contract relates or who in the course of his/their duties as Company’s

servant(s) expressed views on all or any of the matters under dispute or

differences. The proceedings or the Arbitral Tribunal or the award made by such

Tribunal will, however, not be invalid merely for the reason that one or more

arbitrator had, in the course of his service, opportunity to deal with the matters

to which the contract relates or who in the course of his/their duties expressed

views on all or any of the matters under disputes

(vi) Arbitral award shall state item wise, the sum and reasons upon which it is based.

(vii) A party may apply for corrections of any computational errors, any

typographical or clerical errors or any other error of similar nature


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(viii) occurring in the award and interpretation of specific point of award to tribunal within 30 days of receipt of the award.

(ix) A party may apply to Tribunal within 30 days of receipt of award to make an additional award as to claims presented in the arbitral proceedings, but omitted

from the arbitral award.

(x) In case of the Tribunal, comprising of three members any ruling or award shall be made by a majority of Members of Tribunal. In the absence of such a

majority, the views of the Presiding Arbitrator shall prevail.

(xi) Where the arbitral award is for payment of money, no interest shall be payable on whole or any part of the money for any period till the date on which the

award is made.

(xii) The cost of the arbitration shall be borne equally by the respective parties.

The cost shall inter-alia include fees of the arbitrators as per the rates fixed by

the Company from time to time. Provided that the fees payable per arbitrator

for claims up to Rs. One Crore, shall not exceed Rs. 2000/ per sitting subject to

a maximum of Rs. 25,000/- and the fees payable per arbitrator for claims over

Rs. One Crore, shall not exceed Rs. 2000/- per sitting subject to a maximum of

Rs. 50,000/- Provided further that the arbitrators who are in service of

Govt/MSEDCL shall draw fees at half of the rates mentioned above.

(xiii) Company shall maintain a list of arbitrators. The Chairman shall have full powers to delete or add the name of the arbitrators in the list or to make

amendments to the said list as per his discretion.

(xiv) The arbitral proceedings should be completed and the award be finalized within one year from the date of appointment of arbitrators.

(xv) Subject to the provisions as aforesaid, Arbitration and Conciliation Act, 1996

and the rules there under, any statutory notification thereof shall apply to the

arbitration proceedings under this clause.

In case the contractor(s) falls within the ambit of Small Scale and Ancillary Industrial

Undertakings Act, 1993, following clause regarding payment shall be incorporated :-

Payment of bills

“In case the contractor(s)/supplier(s) falls within the ambit of Small Scale and

Ancillary Industrial Undertakings Act 1993, the Company shall pay the price of the

goods received, as far as possible, within 60 days subject to a maximum of 120 days

from the date of acceptance or the date of deemed acceptance of goods as per

specifications. In case the Company fails to pay price of the goods within 120 days

from the date of acceptance or the date of deemed acceptance of the goods as per

specifications, the Company shall be liable to pay interest as per provisions of Small

Scale and Ancillary Industrial Undertakings Act, 1993.


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ANNEXURE -'B'

CONDITIONS OF TENDER AND SUPPLY

l. QUALITY OF SUPPLY:

All materials supplied shall be strictly as per the specification laid down and in strict

accordance with the details given in "ANNEXURE-C and Drawing". The supplier will keep

this office informed of the progress of fabrication and supply of the materials. The goods

shall be subject to the approval of the consignee after receipt of materials at our store

center.

2. VERIFICATION OF MATERIAL SUPPLIED :

a) The Company shall have option to test the samples selected at random from the

supplies effected to ensure that the supplies confirm in quality and workmanship to the

relevant specification and drawings if any.

b) The tendered material i.e. as per Annexure 'C' will have to be delivered by supplier

to the concerned store center.

4 . DESPATCH INTIMATION :

The supplier shall inform telegraphically to the consignee details of despatches giving

RR/LR No. wagon/truck No. type of wagon, cranable consignment or otherwise, total

value of consignment etc. to facilitate the consignee to arrange for clearance of

goods.

5. CLEAR RAILWAY RECEIPT :

Packing used shall be conforming to specifications/conditions laid down by Railway

and clear Railway Receipt shall be obtained by the

supplier from Railway without any ambiguity, so as to facilitate proper clearance of goods

at destination.

6. INSURANCE :

In all cases, Insurance shall be effected by the supplier with Govt. Insurance Fund or if

permitted by the Company . with his other Insurers for all risks for the total value of the

order plus l0% to cover freight, sales tax, and other incidental charges.

7. REPLACEMENT OF GOODS LOST, BROKEN OR DAMAGED. :

Not withstanding any thing herein contained, the supplier shall undertake to be

responsible for the safe arrival of the materials in good condition and without any loss or

damage at the final destination and until the same be delivered to and received by the

Company at the Stores or other places of final destination and,


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for this purpose materials carried by Railway or other carrier shall be deemed to be so

carried at the risk of the supplier, In case of transit damages /shortages, the payment

shall be made only for the quantity received in good and working condition. Consignee shall

lodge claim with carriers and transfer the same to the supplier with all necessary

documents for settlement of the same with carrier at supplier's end.

Transit damages/shortages/losses reported by the consignee shall be repaired/replaced

by the supplier duly inspected, free of cost within one month from the date of such

intimation of breakages /shortages without awaiting for settlement of his claim from

carrier or Insurance Co.etc.

8. LIFTING OF DAMAGED/REJECTED MATERIAL :

a) On failure to replace or repair the transit damages or rejected material within one

month from the date of intimation as required under tender specification, it shall be

deemed to have concluded that such material is finally rejected. The

damaged/rejected material shall be lifted by the supplier within 30(Thirty) days from the

date of receipt of notice to that effect from the concerned consignee on reimbursement to

the Company of the cost of the material/equipment, if any, already paid in terms of

payment clause in the contract and the actual expenses incurred

by the consignee towards, control, handling. demurrage/ pilferage /undercharges

freight, insurance, premium etc. The Company shall not be responsible in any case

for the loss, destruction, damage, deterioration of the material after expiry of the same

30(Thirty) days period.

b) If the supplier fails to lift the material within this period the material will remain with

Company at the cost and risk of the supplier. Supplier shall, therefore, be liable to pay

ground rent @ 0.l% (point one percent) per day of purchases cost will be recovered from

the date of intimation of rejection of materials till the actual date of lifting.

c) The Company will also be free to dispose of such materials, after the period of said

30 (Thirty) days by public Auction/Tender Notice/Destruction as may be deemed fit and

storage charges @ O.l% (point one percent) per day of purchase

cost will be recovered from the date of intimation of rejection of materials till the

date of realisation of the actual expenses incurred as referred to at (a) above.

d) Notwithstanding what is contended in the foregoing clauses, the supplier

shall be liable to pay the Company and cost and expenses incurred by the Company . if

any, including ground rent and the same shall be appropriated and recovered from the

sale proceeds.


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9. LIQUIDATED DAMAGES OR LATE DELIVERY:

In case the materials are not delivered within the period stipulated in the order,

supplier will be liable to pay, at the discretion of the competent authority of the Company ,

the liquidated damages to the Company upto half percent per week or part of week on

the price subject to a maximum of cumulative ceiling of l0% reckoned on the contract

value of such complete portion or section of plant, equipment or material, delayed and

also the portion supplied which could not be brought into commission due to any part

thereof not having been delivered in time. Due consideration may be given in the levy of

liquidated damages for reasons absolutely beyond the control of the supplier for which

documentary evidence shall be produced to the satisfaction of the competent authority of

the Company .

The Company shall be entitled to deduct/recover the amount of liquidated damages

from the current bills/ payable to the supplier or any other amount due or payable to him

against this or any other contract.

For computing the liquidated damages for delayed supplies, the date of railway receipt

or the date of receipt of materials at stores in case of road transport shall be the date of

delivery.

In case the Company does not arrange for inspection of material within 30 days,

from the date of receipt of inspection call in the office of the Chief Engineer, MSEDCL,

Nagpur Zone, Nagpur, the period of more than 30 days will not be considered for levy of

liquidated damages. For computing the period taken for inspection in such cases, the

relevant dates mentioned in the inspection certificate issued by Inspecting Officer would be

considered

l0. PERFORMANCE OF CONTRACT :

The Company will not be in any way liable for non-performance either in whole or in

part of any contract or for any delay in performance thereof in consequent of strikes,

shortages non availability of raw materials, combination of labor or workmen or lockout,

break down or accident to machinery or accidents of whatever nature, failure on the part

of the Railway to supply sufficient wagons to carry essential raw materials etc. and

finished products from the stores subject to the

provision and stipulation made in condition No.9 as stated above i.e. Liquidated Damages

for late delivery.


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11. SUBMISSION OF BILLS AND BILL OF MATERIAL :

The supplier shall furnish bill of material if applicable for each type of

equipment/material offered which should be consistent with the drawing, sample

specification and guaranteed technical particulars. The copies of this bill of material

should always be enclosed alongwith the bill submitted by the supplier for payment

wherein he should specifically mention the material/components despatched out of the bill

of materials if the equipment is not sent in totality. Where the equipments /materials to

be supplied consists of more than one component, the supplier claiming payment for

equipment/materials shall certify that all the components of the equipments /materials

have been supplied in full for the quantity indicated. Part payment shall not be allowed.

12. PACKING LIST : (wherever Necessary)

Each package shall contain in waterproof cover, the detail list indicating the order

reference, date list of contents and reference to the approved bill of material and enclosed

in the package. Each item contained in the package shall be described sufficiently to

enable to see identification of the quality, weight etc. There should not be any alteration

in the packing list incorporated in the order. Copy of the packing list should be sent to

(I) consignee(II) and it should be enclosed with the bills alongwith other documents.

13. MATERIAL DESPATCHED AND PROGRAMME:

A statement indicating despatches effected or otherwise during every month shall

be furnished along with programme of manufacturing/despatches should be submitted to

the office of the Chief Engineer, M.S.E.D.C.L. Nagpur Zone, Nagpur on or before seventh of

succeeding month.

14. PAYMENT OF BILLS :

100 % payment of the bill alongwith excise duty and taxes will be done by A/C payee

cheque within reasonable period from the date of receipt of specified material in good

condition. and on submission of bills to the respective Suptd. Engineer, in triplicate

along with valued S R note from Dy E E (Stores concerned ), duly certified. Date of issue

of cheque shall be the date of payment.

i) Bill/Invoice

ii) Certificate of proper despatch,

iii) Other documents like excise duty, gate pass, original receipt of payment of Octroi.

vi) Detailed packing list. (if applicable)

vii) Bill of material. if applicable..

viii) Valued Copy of S.R. Note


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Payment will be released by concerned Superintending Engineer, of that circle for which

material is ordered.

The supplier shall forward the original bill direct to the consignee alongwith 4th copy of

the bill and Xerox copy of approved drawing if any. The original bill should be marked

"ORIGINAL" The bill should indicate No. and date of sales Tax Registration Certificate

held by him under the Sales Tax Act. The Company shall not be responsible for delay in

payment of bills if the supplier fails to comply with any of the above requirements.

15. OCTROI AT DESTINATION :

Octroi charges, if applicable at destination shall be borne by the Company .

l6. SECURITY DEPOSIT ":

The supplier shall have to pay within 7 days from the date of receipt of order / letter

of intent, a security deposit @ l0% of the value of the order.

l7. Security deposit applicable to SSI Units in Maharashtra will be 3%(Three percent)

of the order value subject to a maximum of Rs. 50,000/- However , security deposit will not

be applicable in respect of following.

i) Registered suppliers on the list of Development Commissioner (Industries) and

stores Purchase Officer. For the order value upto Rs. 25,000/- no security deposit shall be

payable.

ii) Small scale Industries registered with the Directorate of Industries and Maharashtra

Khadi and Gramodyog Mandal shall be exempted from payment of security deposit for

value of order limited to Rs. 5 Lakhs.

The failure in making payment of security deposit as required herein above within

7 days will be viewed seriously and the contract awarded shall be liable to be

terminated.. The security deposit shall be paid in favor of The Superintending Engineer

(NRC) Maharashtra State Electricity Distribution Company Ltd., by way of:

i) Cash or

ii) Banker's cheque or Demand Draft or pay order on any

scheduled Bank in Nagpur.

This security deposit is for the performance of the material/contract and the same

shall be liable to be apportioned towards amount due or becoming due by the supplier on

his failure to execute the order or any other contract and in the event of non fulfillment

of the terms and conditions of the contract.

It will be refunded only on the fulfillment of condition of contract and complete

delivery of material up to the satisfaction of MSEDCL


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18 : AGREEMENTS :

Whenever agreement are to be executed, the supplier shall execute the same in the

form and manner as required by the Company on the required stamp papers at his cost.

19. DEDUCTION :

Any amount on damages or charges or expenses or any other amounts which become

payable by the supplier to the Company under the same or any other contract shall be

deducted by the Company from any amount/amounts due or becoming due to the

supplier under the same or any other contract and shall be adjusted against dues

of the Company without prejudice to the Company 's right to recover the same by

ordinary process of law.

20. ROAD TRANSPORT :

In case, supplier prefers to despatch the materials by Road Transport at his risk and

cost and without any extra cost to the Company , the materials shall be accepted only

during office hours on working days. Supplier should ensure that goods reach the stores

sufficiently in advance on any working day between 9=00 Hrs. to 15=00 Hrs. so as to

arrange their unloading during office hours, failing which the Company shall not be liable

for unloading and for inconvenience caused to the transport contractor in the form of

detention etc. Unloading at stores shall be arranged by the consignee.

21. WAGON LOAD/TRUCK LOAD :

Quantity to be dispatched to consignee may not necessarily be in full wagon load/truck

and may be part load as per requirement.

22. VALIDITY OF THE TENDER :

The tender shall remain open for acceptance by the Company for a period of 90

(Ninety) days from the date of opening of tender and the tender shall be bound to supply

at the same rate on acceptance by the Company during validity period of his offer.

23. TERMINATION OF CONTRACT :

In case the contract/supplier fails to deliver the stores/material or any

consignment thereof within the contracted period of delivery or in case the stores/materials

are found not in accordance with the prescribed specification and the approved

samples,/drawing (if any) the Company shall exercise its discretionary either,

a) to recover from the supplier the liquidated damaged as provided in the

condition No. 9 of "Condition of Tender And Supply".

b) to purchase from elsewhere, after giving due notice to the contractor on account of

his failure at the risk of contractor such stores/materials not so delivered or others of

similar description without canceling the contract in respect of consignment not yet due

for delivery.


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c) to cancel the contract reserving Company 's right to recover damages.

Notwithstanding that the powers under (a),(b) & (c) referred above are in addition to the

right and remedy available to the Company under the General Law of India relating to

contract.

NOTE :

l) In the event of risk purchase of stores of similar description, the option of the

Company shall be final. In the event of action taken under (a) or (b) above, the supplier

shall be liable for any loss which the Company may sustain on that account but the

supplier shall not be entitled to any saving on such purchases made against default.

2) The decision of the Company shall be final as regards the acceptability of the Stores

supplied by the supplier and the Company shall not be required to give any reason in

writing or otherwise at any time for the rejection of the stores/materials.

24. CONSIGNEE :

1. The Dy Executive Engineer(Stores)

MSEDCL Major Store A Kamptee

Kamptee- Dist. Nagpur.


MSEDCL Tumsar Store Center,

Tumsar , Dist. – Bhandara –441907


MSEDCL Chandrapur Store Center,

Chandrapur , Dist. – Chandrapur –442403

25. JURISDICTION :

Any disputes or differences, arising under, out of or in connection with this tender or

contract if concluded., shall be subject to the exclusive jurisdiction of local

courts/superior courts at Nagpur.


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MAHARASHATRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD.

NAGPUR ZONE NAGPUR.

LETTER TO THE CHIEF ENGINEER

To

The Chief Engineer,

Nagpur Zone, MSEDCL

Katol Road, Vidyut Bhavan,

Nagpur-440013.

Dear Sirs,

I/We agree to supply the materials at the rates herein tendered by me/us subject

to the above conditions of tender and supply which I/We have carefully read and which

I/We have thoroughly understood and to which I/We agree.

I/We hereby agree to keep this offer open for 90 days from the date of opening of

tender and shall be bound by communication of acceptance despatched within the

prescribed validity period.

Yours faithfully,

Signature and Seal of Tenderer

Date :

Name and address of the

Tenderer,

l. with factory Phone No.

2. FAX No.

3. Permanent address with phone No.


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SCHEDULE "A"

The following rates are given for the standard materials specified in Annexure "C" and

as per drawings.(if applicable)

l. Rate for each box in Rs........................

(in words) .(Rupees .......................

[ Rates should be quoted F.O.R. at our Store centers at

Tumsar / Kamptee / Chandrapur. ]

2. Sales Tax / VAT.

3. Sales Tax Registration.

4. Central Excise Tax.

5. Excise duty.

6. Octroi.

7. Delivery period.

8. Validity.

9. Discount.

10. Delivery Schedule.

11. Guarantee/Warrantee.

12.Any other remarks.


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ANNEXURE “ C”


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12. REJECTION :-

The Chief Engineer [ NZ] at his discretion , may select one Compete Metering Box

at random from a lot of each type or part thereof as may be supplied from time to time .

The metering Box so selected must pass any or all the Test mentioned above , other wise

the whole lot of metering boxes or part thereof from which one box was selected , will be

rejected.

The Testing under this clause will be done in any of Laboratory of MSEDCL Choice including

MSEDCL Laboratory. Notice of such tests will be given by the MSEDCL by ordinary post to

supplier and the date of Test may not be altered to the convenience or request of

Supplier. The supplier is at liberty to be present during testing.

13. Submission of Sample :-

The sample of Boxes as per specifications Shall be submitted along with tender.

14. All the deviations from the Specifications shall be brought out in the separates

attached Sheet . The discrepancies between the specification and the catalogs /

Literatures and indicative drawing which are subject to change ,submitted, as part

of the offer shall not be considered and representation in this regard shall not be

entertained.

15. The deviation brought by the Tenderer shall be supported by authentic documents

standard and clarification otherwise the offer may be liable for rejection.

16. The Tenderer shall submit the list of orders for similar type of equipments executed

or under execution during the last three years , with full details as a experience in

the field of supply and to enable the purchaser to evaluate the tender.


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Short Tender Notice

Super scribed and Sealed offers are invited from Manufacturers / authorized dealers For Supply Of L.T . Energy Metering

Box For DTC Metering work

The Tender details / documents No CE/NZ/Tech/A-II/ 09-10/ T- 04

is available at our web site WWW.mahadiscom.in.

Submit the tender – Offer on or before 18-06-2009 up to 13=00 hrs

Any changes in Tender Schedule , Corrigendum ,amendment , extension of due dates etc, if any , shall be available in our web site only and will not

be published in the News papers.

Contact Person Exe. Engineer ( ADM ) Tel No. 0712-2591976 , 2592341 ,2591023. Fax. No. 0712-2591927.

CHIEF ENGINEER [ Nagpur Zone ]

1 St Floor, Vidhut Bhavan , Katol Road , Nagpur:- 440013


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