nalco tender

8/18/2019 Nalco tender

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NATIONAL ALUMINIUM COMPANY LIMITED(A Government of India Enterprise)

CPP CONTRACT CELL

Web site: www.nalcoindia.com

NOTICE INVITING TENDER

Ref: CPP/CNT/MC-4081 /NIT/2013/2821 Dt.18 /12 /2013.

To......................................................................................................................................................................................……………………………………………………………

Name of the work: MAJOR MAINTENANCE OF ASH HANDLING SYSTEM UNIT#1 TO UNIT#6 ANDBOTTOM ASH SYSTEM OF UNIT#9 & #10.( MC-4081)

Dear Sirs,

With reference to above, you are requested to submit your sealed offer for above referred work as specified inthe enclosed documents, considering all the terms, conditions, specifications etc. The EMD amount in shape ofDD/BC/PO/BG/E-Payment should be submitted along with the sealed offer.

In case of SINGLE PART BID TENDER, the tender document, duly filled in & signed, on each page,along with the required documents in support of terms and conditions as per the NIT/GCC etc are to besubmitted in a sealed envelope along with the requisite EMD, as per details, indicated at clause no:25.0 of

Annexure-AA.

In case of TWO PART BID TENDER, the tender document, duly filled in & signed, on each pagealongwith the required documents in support of qualifying criteria & other conditions of NIT/ GCC and the

requisite EMD are to be submitted in a sealed envelope marked as "Part-I: Techno-commercial bid". The “PriceBid” is to be submitted in a separate sealed envelop marked as “Part-II: Price bid”. Both these envelopes are tobe kept in a sealed envelope as per the details indicated at clause no:25.0 of Annexure-AA.

You are requested to refer to “Check list for bidders” and clause 25.0 of Annexure-AA of NIT for detailsregarding mode, submission, receipt and opening of tender.

NALCO reserves the right to reject any or all offers without assigning any reason thereof. The contractmay be spilt among two or more number of successful bidders if considered expedient by NALCO.

Thanking you.

Yours faithfully,For and on behalf of

NATIONAL ALUMINIUM COMPANY LIMITED

(T.K.MISHRA) ASST. GENERAL MANAGER (CONTRACT)

Tel : 06764-220145

Fax : 06764 - 220145


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CPP CONTRACT CELL

Web site: www.nalcoindia.comCONTRACT DETAILS

Form no: F2/CNT/4.6 Issue No. 001 Rev.07 PAGE 01 OF 02

1.0 Name of the Work MAJOR MAINTENANCE OF ASH HANDLINGSYSTEM UNIT#1 TO UNIT#6 ANDBOTTOM ASH SYSTEM OF UNIT#9 & #10

1.1 Nature of the Work CAPITAL CONTRACTREVENUE CONTRACT( REPETITIVE)

1.1(i) Details of “Items Critical to quality” incase of “Specialized Jobs”.

Not Applicable

1.1(ii) Minimum Workable offer if applicableNO % of estimate in case of

declared estimate.(Not Appl icable)

1.2 Location of the work INSIDE PLANT PREMISES

2.0 NIT reference MC-4081

3.0 Contract Period Twenty Four Months

4.0 No. Agency required and % distributionof work(subject to availability of bidders)

02(Two) Nos and 55% & 45% of distribution.

4.1 Mode of tendering OPEN

4.2 Type of bidding TWO PART

4.3 E.M.D. amount ` 60,000/- (Ref Clause 6.0 of Annexure-AA)

4.4Tender fee

` 200/-( by down loading from web site)` 500/- (by Hand )` 700/- (by post)

5.0 Tender Submission Date/Time. On or before Dt.16.01.2014 by 3.00 PM through tenderbox (Ref clause: 25 of Annexure-AA)

6.0 Tender Opening Date/Time Dt.16.01.2014 at 3.30 PM (Ref. clause 25 of Annexure-AA)

7.0 Validity of Offer Four Months (Ref Clause 27.4 of Annexure-AA)

8.1 Bank Guarantee / Indemnity Bond value Against Free Issue Materials.

(i) B.G :Not Applicable(ii) I.B :Not Applicable (Ref clause no:11.3 of Annexure-AA)

8.2 Bank Guarantee against materials /equipments taken outside the Plant.

(i)B.G :Not Applicable (Ref clause no:11.3 of Annexure-AA)

9.0 Defect Liability Period Twelve months (Ref clause 7.0 of Annexure-AA)

10.1 Current minimum daily wages of allcategories of labour

Refer clause-20 of Annexure-AA

10.2.1 The values of L0 and Y applicable L0 = ` 239.00 Y L = 90.74 % (Ref clause-20.2.1 of Annexure-AA)

10.2.2 The values of D0 and Y applicable D

0 = Not Applicable (Ref clause-20.2.2 of Annexure-

AA)


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Form no: F2/CNT/4.6 Issue No. 001 Rev.07 PAGE 02 OF 02

10.3.1 Labour escalation against change inminimum wages.

Applicable (Ref clause-20.2.1 of Annexure-AA)

10.3.2 Fuel escalation against change in FuelPrice

Not Applicable (Ref clause-20.2.2 of Annexure-AA)

10.4 HRD clearance Applicable (Ref clause 16.6,18, 19 & 20 of Annexure- AA)

11.(i) Type of Contract under Service tax Act& Applicability of Service tax

Service Contract Applicable ( Ref clause no; 10.1 to 10.7 of Annexure- AA & Annexure-14)

11.(ii) Service tax (Reverse ChargeMechanism)

Applicable (Ref: Annexure-14)

11.(iii) Service tax (Cenvatability) Cenvatable ( Ref clause no; 10.1 to 10.7 of Annexure- AA)

12 Recovery of WCST / OVAT Applicable (Ref clause no:10.8 of Annexure-AA)

13 Recovery towards compensation fordelay

Ref clause no:21.0 of Annexure-AA.

14 Recovery of Building and Other

Const.workers’ BOCW( RE& CS ) Cess. Not Applicable (Ref clause no:10.9 of Annexure-AA)

IMPORTANT POINTS TO BE NOTED FOR SUBMISSION OF BID

15. Tender Documents should to be submitted in original i.e. tender document issued byNALCO, or, in the original print of down loaded Tender Document.

16. All the pages of the tender document should be signed by the contractor with seal.17. The rates should be quoted in words as well as in figures.18. Erasures & over writings are not permissible. Any corrections should be signed with date by

the person, signing the tender document.19. Nalco reserves the right of rationalisation of the quoted rates of the successfultenderer with respect to Nalco’s estimated rates (Ref clause no: 27.3 of Annexure-AA).

20. If any tenderder is having any unauthorised structure / occupation inside Nalco Township /Plant their offer will not be considered for evaluation and shall be liable for rejection.

21. All the supporting documents submitted with the offer should be attested by a gazettedofficer or Notary Public.

(T.K.MISHRA) ASST. GENERAL MANAGER (CONTRACT)


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CPP CONTRACT CELL

Web site: www.nalcoindia.com

CHECKLIST FOR BIDDER.Following information along with the attested copy/copies of all the supporting documents as applicable,are to be submitted in the envelope of Single part/ two-part bid (Ref cl. No-25.7 of annex-AA).

SlNo.

Documents description For opentender

For LTETender

1. (a) EMD Amount as per NIT specification. Yes / No Yes / No

(b) Cost of tender document, if downloaded from Internet. Yes / No NA

2. E.P.F. A/c CODE Yes / No Yes / No

3. E.S.I. A/c CODE Yes / No Yes / No

4. PAN No. Yes / No Yes / No

5 E MAIL ID ( Annex.IV) Yes / No Yes / No

6 Phone no/ Mobile no (Annex. IV) Yes / No Yes / No7 PAN based Service Tax registration No Yes / No Yes / No

8. TIN No Yes / No NA

9 Solvency Certificate from a Bank Yes / No NA

10. Power of Attorney of the signatory / Authorized signatory nominated bythe company for the tender, if signed by other than proprietor.

Yes / NoYes / No

11 Proof of ownership/partnership of the firm/company attached. Yes / No NA

12. Offer is submitted in theoriginal NIT documents

(a) Obtained from Contract Cell, Yes / No NA

(b) Downloaded from Internet Yes / No NA

13. Deviation from the NIT terms & conditions in deviation sheet only.(Ref :-Annexure-III)

Yes / No NA

14 Signed declaration form by authorised signatory as per Annexure-IV Yes / No Yes / No

15 Undertaking of downloaded tender documents as per Annexure-V Yes / No NA

16 Bank mandate for e-payment form as per Annexure-VII Yes / No Yes / No

17. Appendix I & II regarding relatives in NALCO Yes / No Yes / No

18. Appendix III & IV regarding details of commitments and information ofthe tenderer

Yes / No NA

19. Documentary evidence in support of pre-qualifying criteria of the NITWork Orders listing as per annex no. 12.Work Orders listing as per annex no. 13

Yes / No

Yes / NoNA

20. Copies of audited Balance Sheet / Profit & Loss account for the lastthree Financial Years

Yes / NoNA

21. Copy of statutory license, if applicable Yes / No Yes / No

22. List of tools & tackles Yes / No NA

23. All the pages of the offer including GCC are signed by the bidder Yes / No Yes / No24. Supporting documents are attested by Gazetted Officer / Notary Public Yes / No Yes / No

25 Price Bid contains no conditions in any form Yes / No Yes / No

NB: - If any of the information is not furnished, the offer of the party shall be liable for rejection and theconsideration of the offer is at the discretion of NALCO.

SIGNATURE OF TENDERER WITH SEAL


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Adjustment to the contract value due to such change in scope of work shall be governed by theprovisions of GCC.

4.0 CONTRACT PERIOD: Time of completion is the essence of the Contract . The contract period for thiswork shall be as mentioned in Sl no:3 of F-2 form of contract details and shall be effective from the dateof issue of our brief order/work order /effective date as mentioned in the work order.”Time period ofcompletion” of individual items/activities may be decided jointly by Manager-In-Charge and contractor,which shall be adhered to by the contractor.

5.0 QUALITY OF WORK:5.1 The contractor shall execute the job under adequate supervision of experienced and qualifiedpersonnel in accordance with the best engineering practices and the specification laid down in theenclosed Annexures. NALCO may inspect the work any time without notice to the contractor and mayorder re-execution of sub-standard work reserving the right to recover compensation in terms of GCC.

5.2.1 Inspection and test procedure given in the relevant clauses of the contract or BIS codes or other codesof practices as specified in Scope of work / Special Conditions of Contract should be strictly followed.

5.2.2 Contractor shall use only calibrated instruments for measurements/tests/inspection, calibrated in aLaboratory, accredited to NABL / Laboratory approved by the manufacturer.

6.0 EARNEST MONEY DEPOSIT: EMD (refer sl no:4.3 of F-2 form of contract details) must be paid alongwith the offer in shape of account payee demand draft /banker’s cheque / pay order favoring “National

Aluminium Company Limited “ from any Nationalized or Scheduled Bank in favour of National Aluminium Company Ltd., payable at Angul / Kandasar. However incase EMD amount is Rs.1.25lakhs or more, EMD in the form of Bank Guarantee in prescribed format (refer Annexure-IX E) fromNalco approved Bankers (Ref: - Annexure-VIII) shall also be accepted. The original B.G is to besubmit ted along with bid as indicated at page no:1 of NIT.

Bids without EMD will be rejected. However, the Public Sectors, Government agencies and the Firmsregistered with NSIC ( for the service work for which they are registered ) , and others such as

Ancillary Industries etc. for which specific exemption has been granted by NALCO may be consideredfor exemption from EMD subject to submission of attested documentary evidence in support of thesame along with the offer. The parties seeking exemption from submission of EMD as per the aboveclause have to super-scribe this on the face of the main envelope. EMD of unsuccessful bidders willbe refunded within 15 days of finalization of contract for single part bid tender and within 15 days ofacceptance of techno-commercial offers by the Competent Authority in case of two part bid tender .Bank mandate form in prescribed format, duly filled in & signed (Ref Annexure-VII) is to be submittedby the bidder for refund of EMD through e-payment.

6.1 The EMD shall be forfeited without any notice on any of the following situations.

i) On withdrawal of offer after expiry of submission date & time of bid offered.

ii) If the bidder does not submit the agreement within 10 days from the date of receipt of work

Order considering the criteria of Clause No. 27.5.

iii) If the work is not commenced from the effective date of Work order, after award of the

work.

iv) At any point of time if it is found that the party has submitted any false declaration in his

offer.

vi) If the Bidder modifies its bid without writ ten instruction from NALCO.7.0 DEFECT LIABILITY PERIOD (DLP): The DLP shall be governed by the detailed terms and conditions

stipulated in clause 65 and 68 of GCC. The defect liability period shall be reckoned from the date ofcompletion of the contract period for supply and workmanship unless mentioned otherwise in Scope ofWork / Special Condition of Contract. Duration of DLP is mentioned at Sl. No. 9 of F-2 form of contractdetails.

7.1 DLP for SPECIALISED WORKS:

i) Water proofing (Below or above ground) and Roof treatment works - 10 YEARS

ii) Post construction Anti-termite treatment - 5 YEARSiii) Weather proof Paint works - 4 YEARS

Special DLP shall be applicable for above jobs. In order to comply with the above, the proportionatesecurity deposit for the value of work executed under the above scope shall be retained till completionof special DLP.


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7.2 In some cases relaxed DLP can be considered depending upon the nature of the job.

8.0 SECURITY DEPOSIT:8.1 On receipt of the order, the successful bidder shall deposit with NALCO an amount, equivalent to 10%

of the order value for value of contracts not exceeding Rs 1.0 crore, 7.5% for the value of contractsover Rs 1.0 crore up to Rs 5.0 crores, and 5% of the value of contracts over Rs 5.0 crores by theperson(s),here in after called as contractor as Security Deposit within 21 days from the date of issue ofwork order/LOA/LOI. This amount will have to be suitably enhanced to the tune of above percentage of

the executed value. Alternatively, Initial Security Deposit amounting to 2.5% of the contract value shall have to

be deposited, within 21 days of receipt of Work Order/LOA/LOI by him. In this case, the balanceamount of the security deposit shall be recovered through deductions from bills as indicated underPayment term .

In case the successful bidder fails to submit the ISD /SD, with in a period of 21 days fromthe date of issue of work order/ LOI, the ISD amount along with a simple interest @12% perannum as penalty, applicable from the date of work order till the date of submission of ISD orsubmission of 1st RA bill, shall be recovered starting from 1st RA bill .

8.2 The contractor can submit the initial SD or total SD in the form of either bank draft or bank guarantee

from any NALCO approved bank in the prescribed format {ref Annexure-IX (C)}

8.3 The Earnest Money Deposited along with the tender, by the successful bidder, if any shall be adjusted

towards security deposit / initial security deposit.

8.4 The security deposit will be released after release of final bill and successful completion of the defect

liability period on certification of Manager-in charge / Engineer-in charge.

8.5 In case the DLP is NIL, the Security Deposit will be released after settlement of final bill.

9.0 PAYMENT TERMS:

9.1 (i) Payment shall be made against monthly R.A bills, (unless otherwise mentioned separately in

“special conditions of contract (Annexure-IB)”) submitted in the prescribed format & duly approved

and certified by the Manager-in- charge. Such Certificate / approval by the MIC and passing of theamount so payable shall be binding and conclusive subject to deductions as per the contract,

which is subjected to arithmetical correction if any.

(ii) Payment up to 85% of the contract value shall be made through RA Bill both for CAPITAL

contracts and one time O&M contracts. For repetitive O&M contracts payment will be released

through RA Bills upto last but one month of the contract period. Balance will be paid through Final

Bill only.

(iii) NALCO shall release payment to the contractor through e-payment. The e-payment facility is

available under INTERNET mode through company banker as well as NEFT/RTGS mode through

designated enabled branches. The contractor shall submit duly filled bank mandate form induplicate with due authentication from their banker to avail e-payment facility before submission

of 1st RA bill. The prescribed mandate form is appended at Annexure-VII.

(iv) If the contract value is ` 20,000/- or less, only one full and final bill will be admitted.

(v) The contractor must possess PAN in the name of the firm/company or sole proprietor for release

of any payment.

9.2 If full security deposit has been submitted or security deposit is not applicable as per contract terms,

the amount passed will be paid in full. Otherwise, balance S.D will be recovered in installments through

deduction @ 10% from gross RA bill of contract value up to ` 1.00 crore, @7.5% from gross RA bill of

contract value between` 1.00 crore to

` 5.00 crore, and @5% from gross RA bill of contract value over

` 5.00 crores till total S.D is collected.

9.3 The materials drawn if any by the party as “free issue materials” from NALCO should be reconciled.

The reconciliation statement of free issue items / materials should be submitted to the Manager in-


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charge for certification. The final reconciliation statement should be submitted along with final bill for

release of final payment.

9.4 (i) The final bill shall be submitted by the contractor within one month of the completion of

contract otherwise the contract may be closed ex-parte on the basis of the Manager-in-

Charge’s certificate of the measurement and the amount payable or recoverable as certified by the

Manager In Charge, taking all recoveries into account and shall be final & binding on the contractor.

(ii) Besides above, the contractor may be treated as dormant or non-responsive. This may affect

contractor’s future business with NALCO adversely.

9.5 The R.A. Bills in duplicate shall be accompanied by the follow ing documents.(i) Joint Measurement Sheet.(ii) R.A. Bill Form.(iii) Human resource Dept.(HRD) Clearance (if applicable)(iv) Any other document required by MIC or as per directive from statutory authorities.

In addition to the above, the Final Bill in dupl icate shall be accompanied also by

(i) Work Completion certificate from MIC.

(ii) Stores Issue Voucher, Stores Return Voucher, Material Transfer Voucher if any.(iii) Site Transfer Note, if any.(iv) No claim certificate duly signed by the contractor.(v) Deviation Statement(vi) Handing over / taking over certificate (wherever applicable)(vii) Satisfactory commissioning protocol (wherever applicable)(viii) Royalty clearance certificate (wherever applicable)(ix) No due certificate from Civil, Electrical and / or any other department suggested by MIC.(x) Material Reconciliation Statement for Free Issue Material, (if applicable)

Note: - Final bill shall be submitted in quadruplicate. Out of the above, certificates not applicable to aparticular work will be certified by the MIC.

9.6 In case of Lump sum / Turnkey contract, the payment shall be released according to approved Billingschedule and Payment Terms specified in special conditions of contract.

10.0 PAYABLE TAXES & DUTIES:

10.1 The Rates quoted by the bidders in Annexure-II shall be inclusive of all taxes and duties as applicable

on the date of tender opening date but exclusive of Service tax, Odisha VAT, Excise duty and

education cess as applicable. In case of excisable goods, the basic price & excise duty/cess shall be

quoted separately. For payment of Service Tax, Excise duty and education cess to the contractor, the

clauses in the para 10.2, 10.3, 10.4, 10.5, 10.6 and 10.7 below will be applicable.

10.2 The contractor is required to get them registered under the Central Excise & Customs and submit

notarised copy of registration certificate along with their tender, failing which their claim for service taxfrom NALCO will not be entertained.

10.3 It is the responsibility of the successful bidder to satisfy Excise Authorities with supporting documents

as demanded by Excise Authorities regarding price of items shown in Annexure-II.

10.4 Service Tax and Education Cess shall be paid extra at applicable rates,{ if applicable (ref clause no:

11 of F-2 form)} at the time of execution against service component indicated in “quantity and rate

schedule” at Annexure-II.

10.5(i) Wherever the Service Tax, Excise duty and the Education Cess paid to the Central Excise

authorities on the input services availed by NALCO are CENVATABLE, the Contractor shall issueInvoice / R.A. Bill in accordance with the Excise Rules / Cenvat Credit Rules giving all theinformation as required under the said rules.


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(ii) Wherever service tax, Excise duty and education cess is NON-CENVATABLE, the Service Tax,Excise duty & Education Cess amount payable by NALCO towards the same shall be loaded on thebidder’s quoted value to arrive at the relative position of the bids.

(iii) For claiming Service Tax from NALCO, the contactor’s invoice should containdetails like Serial no. of documents, Date of issue, Description of work, price of the input service,service tax payable, service tax registration no., name and address of the input Service Provider,class / category under which Service Tax is leviable etc. Sample of the Invoice is attached at

Annexure-VI for reference.(iv) For claiming Excise Duty from NALCO, the invoice should clearly indicate the Basic Price, Excise

duty, Excise Tariff Head number, Description of the materials under the excise tariff head in CentralExcise rules. Transporter’s copy of invoice as prescribed in the Central Excise rules must behanded over to the carrier under their (carrier) receipt. The original copy of the excise duty invoicemust be sent alongwith the payment documents to avail CENVAT benefit by NALCO.

10.6 Any revision in the rates of Service Tax / Excise duty / Education Cess after award of the contract willbe payable as per the prevailing rates during execution of the contract.

10.7 Any inclusion/deletion of certain services in the Service Tax Act after award of the contract shall be tothe account of NALCO. However, it is the responsibility of the contractor to claim service tax/cess fromNALCO accordingly, and to comply with the service tax act.

NB: - The contractor shall be fully & solely responsible to the statutory authorities for compliance of allthe provisions of Service Tax Act / Rules, Cenvat Rules and other statutory provisions applicable to thiswork as a service provider.

10.8 DEDUCTION OF WORKS CONTRACT SALES TAX (OVAT) & INCOME TAX:

(i) Notwithstanding anything contained elsewhere in the contract, NALCO shall deduct at source the

taxes as required under Section-13(AA) of Orissa Sales Tax act or as amended from time to time or

under any statute, if applicable (ref clause no: 12 of F-2 form), from the payment due to the

contractor. The amount so deducted shall be deposited by NALCO with the Sales Tax Authorities

as per Law. It is for the contractor to deal with the Sales Tax Authorities directly in respect of any

claim or refund relating to the above deductions and NALCO shall not be liable or responsible for

any claims or payments or reimbursement in this regard.

(ii) Income Tax as applicable at the prevailing rate on the gross amount billed shall be deducted fromthe contractor’s bills.

10.9 CESS UNDER RE&CS ACT-Cess (Presently 1%) will be deducted from Gross bill value as per Building and OtherConstruction Workers’ (RE&CS) Act 1996 for Township construction contracts. (Constn,alteration, repairs, maint. or demolition of or in relation to buildings, streets, roads, drainage,electrif ication, distribution of Power, water Works, communication works etc.

10.10 ROYALTY CLEARANCE. As per Mines and Minerals Act of Govt. of Orissa the contractor is required to pay royalty forvarious types of construction materials (minor minerals) used in the work. The royalty chargesshall have to be deposited in the office of Tahsildar from whose jurisdiction the minerals havebeen lifted. The party has to submit Mineral usage statement and Royalty Clearance certificatefrom above Authority along with Final Bill , failing which, net amount of the bill will be retainedtill submiss ion of the Royalty certif icate.

11.0 MATERIALS; TOOLS & TACKLES; ENERGY/WATER REQUIREMENT:11.1 The contractor shall have to make his own arrangement for supply and storage of his materials /

consumables and general tools, tackles, welding sets, electrodes, chain pulley blocks, slings, gaswelding/cutting sets, in connection with execution of work. No extra payment shall be applicable forsuch provisions. Wherever required consumables of approved quality like general purpose welding

electrodes, cleaning agents, Oxygen gas, D.A. gas, etc to execute the contract shall be in Contractor’sscope and contractor has to arrange these materials at their own cost unless mentioned otherwise inthe tender documents attached herewith.


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11.2 FREE ISSUE MATERIALS / CONSUMABLES / FACILITIES FROM NALCO:Unless mentioned otherwise in the attached tender documents, Argon Gas & Co2 gas will be suppliedby Nalco as Free Issue Item if required for the work executed inside plant. The contractor will dotransportation from issue point to work site.

i) Power and water Supply to Contractor’s Establishments in PLANT.

FOR REVENUE CONTRACTS AND NON- LUMSUM / TURN KEY CAPITAL CONTRACTS- Electrical energy

and Water if required, for the work to be executed inside plant / township, will be supplied by Nalco free

of cost from any suitable point. The contractor shall have to make arrangements, at his own cost, fortapping and using the power/water so required as per advice of Manager In Charge.

For availing Electrical energy, the contractor shall have to provide, at his own cost, a MCB (MiniatureCircuit Breaker) at the point of power supply by Nalco. The MCB shall have to be of a suitable capacityas decided by Nalco’s electrical authorities for the concerned area and shall have to be replaced, asand when warranted, on the grounds of changed power requirements or the MCB having beendefective and/or damaged.

ii) CAPITAL LSTK (LUMP SUM / TURN KEY) CONTRACTS- Electricity charges shall be

recovered @ Rs.4 30 /KWH as per Clause no. 2.3 of GCC on meter reading. However, thisrate is subject to revision time to time.

iii) Power and Water supply to Contractor’s ESTABLISHMENT in side /out side Plantpremises:-

The following points shall be complied in addition to Nalco GCC Clause No. 2.3 for giving powersupply to Contractors’ Establishments:-

1. Power and water supply only to be provided to the contractor to whom the permission hasbeen granted by Estate Department to have establishment in the township.

2. This is as per the requirement to have establishment inside / out side plant premises e.g.township for power and water supply as envisaged by the Manager-in-Charge forexecution of th is specific job.

3. Contractors will be supplied power and water to their establishments out side Plantpremises as per terms of the contract awarded to them. They have to make allarrangements to receive power from designated panels by laying necessary cables andinstalling suitable distr ibution board. They have to apply to Estate department through theEngineer-in-Charge. The application will be made in prescribed format and a completioncertificate by licensed electrical contractor will be enclosed. The representative of DGM(Elect) will inspect the installation and after getting their clearance, power supply will becharged. The individual establishments are to be maintained and managed by contractorsas per IE rules.

4. At the time of charging of power supply, initial meter reading will be jointly noted byrepresentatives of contractor, Estate Department and Electrical Department.

5.Every month, energy meter reading will be jointly taken by representatives of EstateDepartment and Electrical Department. Electric ity Bill w ill be raised by Estate Department

@ Rs.4.30 per KWH basing on the meter reading. However the rate is subject torevision t ime to time.

6. Water charges wil l be bil led by Estate deptt. @ Rs. 150.00 per month or part there of.

7. While processing final bill of the contractor, the contractor has to enclose the follow ing:-

Either a certificate from Electrical Department that the power supply to their establishment hasbeen disconnected or a certificate from respective Engineer-in-Charge and Estate Department inprescribed format that power supply is to be continued against some other valid contract withproper reference.

The final bill wi ll not be processed without compliance of the above. (Supporting document to beattached)


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(c) Issue of cement and steel as Free Issue shall be governed by clauses 52 to 54 of GCC unlessmentioned otherwise in scope of work / special conditions / BOQ or elsewhere in this tender documentsubject to the followings:

(i) For issue of materials within plant boundary wall limit, the contractor shall submit only indemnitybond for the entire value of materials issued to them free of cost as per clause 53 (ix) of GCC.

(ii) For the materials which are issued for outside plant boundary such as Ash Pond area , IntakePump House , Lean Slurry area , Bidyut Nagar Colony , township, CISF Barrack etc, the

contractor shall furnish Bank Guarantee equivalent to 20% of the value of material and indemnitybond equivalent to 80% value of materials being issued to the contractor .( Ref Sl no. 8 of FormF2 of contact details)

(iii) For materials taken out side plant to the vendor’s shop, Bank Guarantee equivalent 100% of thevalue of the materials will be submitted by the vendor before taking out the materials.

(iv) The Indemnity bond and the Bank Guarantee shall remain valid till the material account is totallysettled. The BG and Indemnity Bond shall be submitted in the prescribed format enclosed (Refer

Annexure-IX).

11.3 BANK GUARANTEES:-

i) The party may submit Bank Guarantee against Security deposit for Free Issue Material.

ii) The BG in prescribed format should be issued by approved Banks listed at Annex-VIII.iii) The original BG should be sent by the Bank directly to Nalco Finance Deptt. through

Registered/Speed Post with AD along with forwarding letter from Bank indicating address, Phone,Fax no. and email ID of the issuing Bank.

iv) Incase original BG is carried by the party for onward transmission to Nalco, it must accompany the

forwarding letter of the Bank. Besides, the Bank has to send an unstamped duplicate copy of the

BG and forwarding letter directly to Nalco Finance Deptt. through Regd./Speed Post with AD.

12.0 SUPERVISION:

(i) The contractor shall have to work as per direction of the Manager-in-charge, and shall report tohim daily regarding day-to-day progress. The contractor shall give full access to the Manager-

in-charge / authorized representative of NALCO to inspect day-to-day work executed by thecontractor. Besides, the contractor shall have to engage his own supervisor at their own risk andcost to ensure proper workmanship and good quality work, which is a part of the scope of work.

(ii) Under prevailing statute, the supervision should be carried out by a person holding valid licenseissued by appropriate statutory body.

13.0 EXECUTION OF AGREEMENT:

The contractor shall have to execute an agreement on Rs 50/- non-judicial stamp paper to bepurchased from any stamp vendor under the jurisdiction of the Orissa High Court, in the specificformat (ref Annexure-X). Issuing authority of work order shall sign the agreement on behalf of NALCO.The agreement should be submitted within 10 days of receipt / issuance of Work order in contract cell.The agreement shall not be required to be executed for work orders of value less than or equal to

Rs

1,00,000/- .13.1 No bill shall be payable unless the agreement is signed, if s igning of agreement is applicable.14.0 GATE PASS & SECURITY: The contractor shall have to arrange valid gate pass for the labour/

workers engaged by him in order to enter into the factory premises if the work is to be executed insidethe CPP plant.

14.01 ISSUE & USE OF ELECTRONIC ID CARD: All the contract workers will be provided with electronicentry/exit pass by CISF before moblisation of site/commencement of work by the contractor. Allcontract workers shall use this ID/Punch cards for making entry into /exit from the plant. After expiry ofthe contract, ID/Punch card will be surrendered by the workers at the time of closure of contract throughthe contractor. Incase of loss /missing of ID/Punch card, contractor has to deposit Rs. 200/- per card inthe cash counter of NALCO for issue of fresh identity card. Incase of discontinuation of job by theworkers, the cards will be surrendered to the CISF under intimation to unit HRD.

15.0 TIME OF WORK: The factory timings are as fol lows:`A' Shift - 6.00 AM to 2.00 PM, `B' shift - 2.00 PM to 10.00 PM`C' shift - 10.00 PM to 6.00 AM,`G' shift - 8.00 AM to 5.00 PM (with 1.00 Hr lunch break from 1PM to2PM)


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16.0 OCCUPATIONAL HEALTH & SAFETY MANAGEMENT SYSTEM:16.1 SAFETY: - The contractor shall have to take necessary safety arrangements/ precautions for the

workmen engaged by him and shall be responsible for any First Aid / Emergency treatment for hislabours / workmen. In addition, the contractor shall have to abide by all fire & safety regulations of theowner. The contractor has to execute the works after taking necessary instruction & safety clearance from the safety officer.

16.2 All lifting/handling tools & tackles deployed by the contractor should have been load-tested as per theprevailing rules & regulations. Mobile equipments such as Truck, Tractors, Tippers, Dumpers etc. shall

have valid fitness certificate with due insurance required as per the prevailing rules & regulations. .Wherever transport of material is applicable, the contractor has to ensure that goods carried duringtransportation do not exceed the permitted laden weight as certified by registering authority for therespective vehicles.

16.3 PERSONAL PROTECTIVE EQUIPMENTS (PPEs): The contractor shall have to provide all thenecessary PERSONAL PROTECTIVE EQUIPMENTS (PPEs) to the workmen engaged by them as perthe requirement, area wise as mentioned in the PPE format. The PPE format with duly signed anddeclaration should be submitted along with TENDER failing which, the TENDER is liable for rejection.Incase the contractor fails to provide PPEs as per requirement, at the time of starting the job; they willnot be allowed to carry out the assigned job.

PPEs can be got issued from NALCO on request at the procurement cost + 25% extra towards the

service charges OR at the rate mentioned in the PPEs format ,Which ever is higher

16.4 The contractor, before starting the work, shall collect a copy of the safety manual from SafetyDepartment and shall abide by all instructions mentioned therein.

16.5 The contractor shall be responsible to promote awareness on the OSHAS requirements among theworkmen engaged by them for the subject job and ensure adherence to sound OSHAS relatedpractices as detailed in the "Occupation Health & Safety Policy" enclosed herewith. The contractorshall be responsible for abiding by all the applicable provisions of safety code of contractors which isavailable in the NALCO web site. The contractor shall contact Safety Dept. for getting necessaryadvice/compliances as required.

16.6 MEDICAL CHECK UP OF WORKMEN:

Contractors will have to submit medical certificate from a Govt. Hospital or registered medicalpractitioner in the prescribed format for the workmen engaged by him along with application for gatepass and for annual renewal. No gate pass will be issued / renewed unless the medical certificate isenclosed along with the application.

17.0 ENVIRONMENTAL REQUIREMENTS: The contractor shall be responsible to promote awareness on the Environmental requirements amongthe workmen engaged by them for the subject job and ensure adherence to sound environmentalpractices as detailed in the "GENERAL ENVIRONMENTAL REQUIREMENT & ENVIRONMENTALPOLICY" ‚ enclosed herewith at ANNEXURE-XI

17.1 The contractor shall remove all the waste/debris generated during the work on each occasion &dispose off to a place identified by Manager-in-charge. The thorough up-keeping of the work spotbefore the contractor leaves the work spot is essential. In case the contractor fails to comply with theabove, the owner may get the up-keeping done & recover the expenses with overheads from thecontractor.

18.0 LABOUR LAWS:18.1 The successful bidder shall abide by all applicable statutory provisions in respect of workmen deployed

by him to the satisfaction of Central & State Government Authority. The contractor shall comply withthe provisions of all statutes and amendments thereof at their cost for different legislations as under.The list is indicative and not exhaustive. 1. Building & other Construction Workers(RE & CS) Act 1996

2. Child Labour( Prohibition & Regulation) Act 1986,

3. Employees’ Provident Fund and Miscellaneous Provisions Act, 1952.4. Employees’ State Insurance Act, 1948.

5. Factories Act, 1948

6. Industrial Dispute Act 1947,

7. The Inter-state Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1976


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8. The maternity benefit act 1961

9. Minimum wages Act 1948,

10. Payment of Wages Act 1936,

11. Payment of Bonus Act 1965,

12. Payment of Gratuity Act, 1972

13. Employees’ Compensation Act 1923.

14. Contract Labour (R&A Act, 1970)The contractor shall comply to any modification thereof on any other Lawsrelating to the work and rules made there on time to time .

18.2 CONTRACTOR’S OBLIGATIONS AND PENALTY FOR NON-COMPLIANCE

The contractor shall abide by the following obligations during execution of contract againstdeployment of contract labours.a. The Contractor shall not engage any contract labour having unsound mind, criminal record,

poor health or having record not suitable from security point of view to NALCO.b. The contractor has to ensure that no contract labour should enter the plant/work premises

without valid photo pass.c. The contractor shall ensure that no contract labour should leave the work place/plant

before time without authorization/gate pass/ permission of the representative of contractorto check frequent entry/exit, which may cause security/administ rative inconvenience.

d. The disputes of the Contractor’s labourers are to be settled by individual contractor. In nocase NALCO, as the Principal Employer will enter into the matter except witnessing theproceedings, if required by the Statutory Authori ties.

18.3 The contractor shall have valid labour license during the execution of the contract wherever applicable.The contractor shall not engage child labour, in compliance to statutory requirement.

19.0 PF & ESI A/C CODES: The cont ractor must possess independent Account Code from theconcerned Regional Provident Fund Commissioner for PF and also independent Account Codefrom the concerned Regional Director, ESIC for ESI, as applicable.

20.1 PAYMENT OF WAGES TO ENGAGED LABOUR AT SITE:

20.1.1 Payment of wages to the labour employed by the contractor shall be as per the CentralGovernment notification fixing minimum wages for different categories of labour in CentralPublic Enterprises from time to time plus an additional element as indicated below (as a part ofwages).The contractor shall have to make labour payment accordingly, along with applicablestatutory benefits. Therefore, the contractor must quote their rates considering the followingconditions.

SL NO CATEGORY MINIMUM RATES OF WAGES PAYABLE INCLUSIVE OF WAGES FORWEEKLY OFF, VDA & CANTEEN SUBSIDY

MINIMUM WAGERATES (INCLUSIVEOF WAGES FORWEEKLY OFF & VDA) IN Rs .

ADDITIONALELEMENTINRs

CANTEENSUBSIDY INRs TOTAL IN Rs

1 UNSKILLEDWORKER

207.00 24.00 8.00 239.00

2 SEMI SKILLEDWORKER

257.00 24.00 8.00 289.00

3 SKILLEDWORKER

310.00 24.00 8.00 342.00

4 HIGHLY SKILLEDWORKER

360.00 24.00 8.00 392.00

20.1.2 The contractor has to ensure payment of minimum bonus @ 8.33% on the minimum wages(Considering maximum salary as Rs. 3500/- per month) including the additional element but excludingcanteen subsidy to all his workmen engaged in the contract before release of final bill.

20.1.3 In case the contractor fails to pay wages to the workmen employed by him for the subject work,NALCO will make the payment and recover the same from the contractor's bill along with 25% servicecharge for the amount paid.


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20.1.4 The contractor failing to make payment of labour wages as per applicable Law, may be debarred /banned for conducting future business with NALCO.

20.2. Price variation for Labour and Fuel:

20.2.1 Price variation for Labour.

In case Labour escalation is applicable, the amount due to variation in minimum wages to come intoeffect from time to time will be compensated as per the following escalation formula. The formulagiven below is solely for the purpose of compensating the contractor towards escalation in wages.

VL = 0.85 x W x Y L x ( L1 - L0 )

100 L0

Where: - VL = Compensation for labour escalation,W = Value of the work done on which escalation is payable.Y L = Labour component of the contract value as mentioned at Sl.No. 10.2.1 of F-2 Form orthe calculated service component as per the item rate break up of bidder whichever is less.

L1 = Minimum daily wage of an unskilled labour as revised + Rs.24/- + Rs.8 /-

L0 = Minimum daily wage of an unskilled labour as mentioned at Sl.No 10.2.1 of F-2 Form.Note:- In no case , the labour component for payment of labour escalation will exceed the lower one

between the overall service component declared by the bidder and the component given in NIT

at Sl.No. 10.2.1 of F-2 Form.20.2.2 Price variation for Fuel applicable for transportation contracts.

In case Fuel escalation is applicable, the amount due to variation in diesel price to come into effectfrom time to time will be compensated as per the following escalation formula. The formula given belowis solely for the purpose of compensating the contractor towards escalation in Diesel Price.

VD = 0.85 x W x YD x (D1 - D0)

100 D0

Where: - VD = Compensation for Diesel escalation/de-escalation,

W = Value of the work done on which escalation is payable.

YD = Fuel cost component of the contract value as mentioned at Sl.No. 10.2.2 of F-2 Form.

D1 = Revised Diesel rate at AngulD0 = Diesel rate at Angul as mentioned at Sl.No 10.2.2 of F-2 Form

Note- Above formula is applicable only if [D1-D0> 3% of Do]

21.0 RECOVERY TOWARDS COMPENSATION FOR DELAY:

I) CAPITAL and Onetime JOB cont racts- In case the contractor fails to complete the work within

the stipulated period, the contractor shall be liable for a penalty @ 1% (one) of the contract

value per week of delay subject to a maximum of 10% (Ten) of the value of the contract

{(unless otherwise mentioned separately in “ special conditions of cont ract (Annexure-

IB)” }.

II) Repetiti ve O & M Contracts - RECOVERY TOWARDS COMPENSATION FOR DELAY SHALL

NOT BE APPLICABLE FOR THIS TYPE OF CONTRACTS (Unless otherwise mentioned

separately in “ Special Conditions of Contract (Annexure-IB)” .

22.0 ARBITRATION: The clause No.87 of General Conditions of contract shall be applicable incase of any

dispute or difference whatsoever, which may arise at any poin t of time.

22.1 Subject to all other provisions contained in clause 87 of GCC, the provisions of the Arbitration

and Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rule

made there under, and for the time being in force shall apply to the arbitration proceeding under

this clause.

23.0 TERMINATION OF CONTRACT: If the performance of the successful bidder is found unsatisfactory

during the period of contract, the contract will be terminated with short notice of 15 days and the same

shall be carried out by any other agency at the risk & cost of the contractor. Other penal actions such


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as forfeiture of EMD and Security Deposit and debarring the contractor for participating in future

tenders of NALCO may also be taken as per clause no.29.2 given in subsequent page.23.1 If the Government of India or any Statutory Authority/empowered to do so, decides/directs to

terminate the Contract, the contract shall be terminated without any notice and for thatcontractor shall not be entitled to any claim such as extra claim, loss, loss of profit etc. againstNALCO. The settlement of the dues of contractor shall be done on the basis of execution ofactual work in accordance with the terms & cond itions of contract.

23.2 SHORT CLOSURE OF CONTRACT: NALCO reserves the right to short close the cont ract byserving 15 days’ notice to the contractor, when either the contract value or the assigned BOQquantity has already been executed . The decision of NALCO in this regard shall be final &binding on the contractor.

24.0 GENERAL INFORMATION:

24.1 Before submission of the bid, the bidders are requested to read the bid document carefully make

themselves fully conversant with the GCC, Special Conditions of Contract and Conditions of bidding,

Specific conditions, technical Specifications and bid drawings if any. The bidder should v isit s ite and

get familiarized with the site conditions so that, no ambiguity may arise in these respect subsequent

to submission of the bids.

24.2 Nalco’s General Conditions of Contract (GCC) & Special Conditions of Contract (SCC) if any shall form

part of this contract. The tenderer is advised to go through the same either in the office of the

undersigned during office hours to seek clarification if any, or may refer to NALCO web site and get

them-selves satisfied before quoting the rates. It wil l be taken for granted by NALCO that tenderer

has seen and gone through the terms and conditions and shall abide by this.

24.3 Wherever applicable, The Bank Guarantee is to be submitted in Nalco's prescribed format (Refer

ANNEXURE-IX) from Nalco’s approved Banker only (Refer ANNEXURE-VIII). The original Bank

Guarantee (other than EMD BG) is to be sent directly by the Bank under speed post or registered

post with AD to the address of Manager-in-charge of concern dept. The contractor shall submit the

self certified photocopy of the Bank Guarantee mentioning dispatch reference of bank from where the

original was sent.

24.4 (i) In case there is a tie in L-1 position, the concerned bidders may be called to offer maximum

possible discount on their quoted rates in sealed envelope in order to decide the L-1 bidder among the

considered bids.

(ii) In case “tie” of price bids, even after application of clause (i) above, the following criteria

shall prevail in the given order.(a) Bidder having highest average turnover during last three years shall be preferred.(b) The contractor executing the same contract satisfactorily will be preferred.

(c) The contractor of the previous contract, who has executed the same work satisfactorily willbe preferred.

Note: Average Annual Turnover shall be decided on the basis of audited profit and loss account

submitted by the bidder for the last three financial years.iii) Incase of tie for L2 or other positions and L1 price matching is to be made for splitting ofthe job as per NIT condition, then L2, L3 etc positions shall be determined by applying criteriaat sl no. (ii ) above.

24.5 The bidder is required to give the names of other firms / agencies / partnership firm / wholly owned orpartly owned subsidiary etc. where they are having financial / professional stakes and also give acertificate if any such firm / agency are participating in the subject tender.

24.6 The bidders may note that any pending criminal case involving moral turpitude, fraud, theft &

unlawful activities or conviction by court of law or indictment/ adverse order by regulatoryauthority against the person, company, Directors of the Company or sister concern of the

Company, partner of the firm etc. would constitute disqualification for partic ipating for tender .


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24.7 The bidder or i ts proprietor /partner(s)/director(s) of the firm should not have been convicted by

court of law for an offence involving more turpitude in relation to the business dealing during

past seven years for acceptance of the offer. The bidder shall give affidavit to this effect. The

affidavit must be affirmed before the competent judiciary authority or duly notarized by Notary.

25.0 MODE, SUBMISSION, RECEIPT AND OPENING OF TENDER:

25.1 All covering letters & information are to be included in the offer. The instruction given in the checklist ofsingle part / two part bids must be strictly complied.

25.2 The tender should be submitted in sealed envelope duly superscribing clearly the name of the work with the note "Quotation DO NOT OPEN” along with tender reference number & Tender OpeningDate written prominently. The full name, postal address and telephone/Fax number(s)/e-mail id of thebidders shall be written on the bottom left corner of the sealed envelope . The Bidder need to fill upthe prescribed Declaration Format Ref:-Annexure-IV(A) & ( B) and submit along with the biddocument . If the bidder is not submitting the Bid document in case of LTE , they have to givereason for same and return back the entire set of document as per Annexure-IV( B) . Normallythe quotation should be submitted through tender box located at Contract Cell , CPP AdministrativeBuilding ( 3rd Floor) .

25.3 Tenders are to be dropped in the tender box kept located at CPP Contract Cell in 3rd Floor of CPP Administrative Building , NALCO, Angul on or before time & date specified at Sl. No. 5 of F-2 form

during normal office working hours. The PART-I bids in case of two part tendering and Single part bid incase of LTE tendering shall be opened at the time & date specified at Sl.No. 6 of F-2 form.

25.4 Postal Bids are to sent through REGISTERED POST / SPEED POST OF POSTAL DEPT, GOVT OFINDIA ONLY and the same shall be received during office hours of all working days except Sundays &holidays upto the date and time specified at Sl. No. 5 of F-2 form in the office of D.G.M (Contract cell),CPP, NALCO, Pin- 759145, Dist-Angul (Odisha), India. The sealed bid offers in case of Open Tenderand LTE received through postal shall also be opened together with the bids received in the tenderbox.

25.5 ORIGINAL Offers sent through private couriers shall have to be deposited within the scheduleddate and time by the representative of the Courier service in the office of the D.G.M(Contractcell), CPP, NALCO, Pin- 759145, Dist-Angul (Odisha), India. The sealed bid offerss in case of Open

Tender and LTE received through postal shall also be opened together with the bids received in thetender box.

25.6 Bidders are advised to submit complete set of Tender documents along with ANNEXURE-II & IIIand Appendices as obtained from Contract Cell, CPP , NALCO or in the original print if thetender documents downloaded from Internet along with undertaking (Annexure-V) duly fi lled inand with no deviations to the specific requirements, terms & conditions and signed on thebottom of each page with official seal along with a forwarding letter addressed to the DGM(Contract Cell), CPP , NALCO.

25.7 All the support ing documents submitted with the offer should be attested by a gazetted officeror notary public and are required to sign each page by the bidder or by their authorizedrepresentative.

25.8 In case deviation is unavoidable, bidders are instructed to give all deviations in the encloseddeviation statement sheet (Annexure-III) only, along with the tender document. Please beinformed that only deviation statement wil l be considered for further evaluation.

25.9 Deviation(s) li sted at any other place of the tender shall not be considered at all and shall not bebinding on NALCO. The tender shall be evaluated based on the deviation statement and no claimwhatsoever shall be entertained irrespective of bidder has accepted this particular clause or not.

25.10 Financial implications of the agreed deviation as per assessment of NALCO will be loaded on the pricequoted by the bidder. Deviation not accepted by NALCO will have to be withdrawn by the bidderotherwise such bids may be disqualified/rejected.

25.11 In the event of office remaining closed on the Bid Submission date, tenders will be accepted on the nextworking day up to 3.00P.M. & wi ll be opened at 3.30 P.M.

25.12 Tenders received late due to any reason whatsoever e.g. delays of Postal/ transit and/or delivery atwrong place etc shall not be considered.


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25.13 NALCO reserves the right to defer the date of tender opening in case the response is consideredinadequate or due to any other reasons. In such event, the bidders shall be intimated the next date ofopening subsequently.

25.14 The price bids of technically qualified bidders shall only be opened on a later date. The date & time ofopening of price bid shall be intimated to the qualified bidders in writing by registered post / speedpost / Fax / Email / put up on Notice Board / personal intimation . The opening of the price bid alsowill be at The Office of CPP Contract Cell in Administrative Building 03rd Floor . Interested bidders ortheir authorised representative(s) may witness the tender opening if they so desire.

25.15 The bidder shall ensure submission of complete information’s / documents in the first instant itself.NALCO reserves the right to evaluate the offer based on the details furnished by the bidders on thescheduled date of tender submission without seeking any subsequent additional information.

25.16 DECLARATION OF RELATIVES WORKING IN NALCO: The contractors must furnish certificate asmentioned in Appendix – I & II enclosed, disclosing in detail about their relative / relatives working inNALCO. Suppression of this information in any form if detected at any stage will be disqualification andlead to rejection of the offer or termination of the contract as the case may be. The concerned partymay also be banned from participation in future tenders.

26.0 EVALUATION OF BIDS: The price bids of the techno-commercially qualified bids incase of two partbid system & bids in case of single part bidding shall be evaluated as per the footnote of “Quantity &Rate Schedule” (Annexure-II).

27.0 ACCEPTANCE OF TENDER:27.1 NALCO reserves the right to reject or accept any or all the offers in full or part, split the work,

reduce or increase the quantity, without assigning any reason thereof.

27.2 NALCO reserves the right to award the work in parts between two or more agencies if consideredexpedient. The quoted rates shall hold good for such an eventuality. Reference is also invited to clauseNo: 9 of General conditions of contract.

27.3 NALCO reserves the right to rationalize the total item unit rates of the successful bidder withrespect to the departmental estimate for uni t item rates keeping the cont ract value unaltered. Insuch cases the break- up of material and service component of the rationalized rates will be inthe same ratio, as that of the quoted rate of the successful bidder for that item. Rationalizationformula:- Rationalized item rate = (Total quoted value / Total estimated value) X Estimated Item rate

27.4 VALIDITY OF OFFER: - The validi ty of the offers submitted by the bidders shall be Four monthsfrom the date Opening of Tender .

27.5 Bidders may note that, Brief Order / Letter of Indent / Fax of Intent / Work Order placed, is inacceptance of their offer by NALCO and shall be binding on them. However, the bidder has toreturn a copy of LOI / FOI / Work Order duly signed by them or their authorized representative

as a token of receipt of the same within fifteen days of issue of the same for our records. Incase of no communication of the same is received within the stipulated time from their end, it

will be presumed that the party has received the Brief Order / Letter of Indent / Fax of Intent /Work Order .

27.6 Any communication such as Letter, BO, LOI, FOI, WO etc shall be communicated to the Bidderthrough Registered post/ Speed post/ Fax/ Hand delivery. Any communication through any one

or more of above modes shall be valid and binding on the Bidder.28.0 SECRECY TERMS: -The contractor shall use all the documents, drawings, data & information of

proprietary in nature, received from NALCO, solely for the purpose of performing and carryingout the obligations on their part under this contract. He shall not d isclose the same to any otherperson except to the extent required in the performance of the work and shall maintain theutmost secrecy. Contractor and NALCO shall bind their employees, who are involved inengineering of the project by a suitable secrecy contract. The documents, drawings, data andinformation received from NALCO shall not be used by contractor for any other purpose andwill also keep them confidential. All data, documents and information provided by Contractorduring the course of execution of the work wi ll be treated as confidential by NALCO and wil l notbe released to any third party, without specific wri tten permission o f Contractor.

28.1 Breach of Secrecy: In case of breach of secrecy by the Contractor, Nalco will have right toterminate contract, forfeit security deposit and claim damages from the party.

29. 0 CIRCUMSTANCES OF BLACKLISTING / SUSPENSION / BANNING OF BUSINESS.

29.1 BLACKLISTING


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Blacklisting of any agency/ firm/ contractor working with the Company may be resorted to in followingcases:

i) If the Proprietor or Partner or Director of the Firm is convicted by a Court of Law, followingprosecution under the normal process of Law for an offence involving moral turpitude in relationsto business dealings;

ii) If security considerations including the question of loyalty to the State warrant as perrecommendations of Ministry of Home Affairs.

iii) If there is justification for believing that the Proprietor or Partner or Director (or Employee) of theFirm has been guilty of malpractices such as bribery, corruption, cheating, fraud, substitution ofbid or theft or any other illegal activities while carrying out the work etc.

iv) If the Firm refuses/fails to return the Company's dues without adequate cause;

v) If the Firm is blacklisted by any Department of the Central Government/ State Government.

vi) If the Firm is a confirmed evader of Central / State taxes/duties for which NALCO has receivednotice from the concerned department of Central / State Govt.

vii) Misbehavior/ threatening of departmental supervisory staff during work execution.

viii) Constant non-achievement of milestones on insufficient and imaginary grounds and non-adherence to quality specifications despite being pointed out.ix) Persistent & intentional violation of important conditions of contract.x) Submission of false/ fabricated/ forged documents for consideration of a bid.

xi) If declared bankrupt or insolvent. .

29.2 BANNING/ DEBARRING FROM FUTURE TENDERS:

Incase where the conduct of the firm is not serious enough to merit blacklisting but removing the namefrom the registered vendors of NALCO is justified in the interest of the company, the firm/company shallbe banned from doing business with NALCO for a period up to 3 years but not less than one year. Thereasons for banning are listed below. This list is illustrative only and not exhaustive.

(i) Any failure to execute the contract satisfactorily.(ii) Offence except criminal, such as moral turpitude, fraud, theft, unlawful activities within the

premises of the company (Plant or Township) by the contractor or their workmen.

(iii) Defaults such as failing in disbursements of wages of the workmen/contract labourers in time atleast twice in a contract period.

(iv) Submission of false declaration / documents in the offer.(v) Misconduct / misbehavior of the contractor or any of the workers engaged by them.(vi) Non-compliance of environment, safety and health requirements including use of proper PPEs.

29.3. CONDITION FOR SUSPENSION OF BUSINESS WITH A CONTRACTOR

Temporary Suspension of business may be ordered without any notice, where full enquiry into the

allegation is pending and may entail the blacklisting of the firm/ party/ contractor, if the allegation is

proved.

NOTE:- NALCO will issue show-cause notice giving 15 days time to the contractor to respond thesame in cases of debarring/ blacklisting/ banning/ suspension of bus iness with the party.

30.0 OTHER TERMS & CONDITIONS:

30.1 If found suitable, Preference for engagement of labourers under NALCO’s contractors establishmentmay be given to the land affected persons.

30.2 For Contractors establishments outside the Plant premises, Ground Rent will be recovered atthe rate as specified or decided by NALCO from time to time for the land so made available.(Present rate is Rs 100 /Hectare or part there of per annum or part thereof).

30.3 The contractor has to dismantle the structure constructed by him for the purpose of office-cum-store oncompletion of the contract as per the provision of GCC clause no.2.4.2. If the same is not dismantled


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within two months of completion of contract he will not be issued any tender paper or will not beallowed to participate in any tender. Besides with-holding of final bill , other penal action as per contract/ Law as deemed fit may be initiated against the contractor.

30.4 Following penal actions shall be initiated against the unauthorized occupant;

a) Disconnection of power and water supply lines to be made,

b) Penal rent @ Rs. 10,000/- per month or part thereof towards the ground rent and 20 (twenty)

times penal rent towards electricity and water charges shall be recovered,c) Withholding of all the pending bills of the contractor,

d) Initiation of eviction proceedings in the Estate Court for out side Plant establishments

30.5 The contract shall be subject to the provisions of GCC except those provisions of GCC, which aresuperseded by the clauses under “Instructions to Bidders (Annexure-AA)”. In case of anycontradiction between the provisions of Annexure- AA and special conditions / scope of work / technicalspecification, the provisions in the latter will prevail.

30.6 Amendments and/or Clarification, if any issued for the NIT shall form part of the TenderDocuments. Amendments and/or Clarifications will be hosted on the web-site of NALCOwww.nalcoindia.com and www.eprocure.gov.in and no separate intimation will be given to the

bidders or released in the press. Bidders are requested to visit the web-sites from time to timeto note the Amendments and/or Clarifications before submission of their bid. NALCO shall notbe responsible if any bidder omits to notice any Amendments and/or Clarifications beforesubmission of their bid.

30.7 Telex/ Telegraphic/ Fax/ E-mail bids shall not be accepted.

30.8 The documents as stated below shall constitute the integral part of Contract Documents:

(a) Bill of Quantity.

(b) Scope of Work/Technical Specifications.

(c) Drawings if any .

(d) Special Conditions of Contract.

(e) Instruction to bidders/NIT.

(f) General Condit ions of Contract (GCC).

(g) Relevant Indian Standards.

In the event of any ambiguity or confli ct between the Contracts documents as given above, theorder of precedence shall be the order in which they are listed above. All documents formingpart of this tender are intended to be correlative, complimentary and mutually explanatory. Thetender documents should be read by the bidder as a whole before bidding the tender.

30.8.1 If any varying of conflicting situation arises in any of the document forming part of the

Contract, the General Manager, CPP shall be the deciding authority with regard to

intention/interpretation of the document and his decision shall be final and binding on the

parties.

30.8.2 Al l the pages of GCC duly signed & stamped by authorized signatory should be submit ted

along with the agreement.

30.8.3 On award of the contract to the successful b idder, it becomes mandatory by the

bidder to enclose a deviation statement with RA bill once the executed value of the

work has reached 80% of the awarded value.

30.8.4 In case the bidder does not participate in three consecutive bids, the bidder will be

put under holiday list for a period of one year.


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31.0 Energy Management System (ISO 50,001) Requirement:

31.1 Mandatory guidelines for saving any form of energy:-

Energy is lifeline of an Organization and CPP , NALCO is implementing Energy Management Systems(EnMS) – ISO 50001 in all activities. The contractual service providers are advised to train his workmenfor practicing the following “Dos & Don’ts” while executing the assigned work at site.

WHAT TO DO? WHAT NOT TO DO?

1) Use compressed air for instrumentcleaning if advised by NALCO

1) Never open any compressed air for body /dress/ vehicle cleaning.

2) Close water line valves if they are inopen condition

2) Never allow any water line in open condition.

3) Use water for instrument /equipmentcleaning if advised by NALCO

3) Never use any water line of the plant forcleaning of bicycles / vehicles.

4) Use LPG for cooking if at all required 4) Never use any electrical heater for cooking orroom heating.

5) Switch off lights/ fans in day timewhen not required

5) Never waste electricity in any way.

6) Touch only that part of equipment

for which you are authorized by theEngr. I/C

6) Never touch any isolators / switches of any

equipment .

7) Handle coke, pitch, oil (FO, HSD,LDO) & LPG with due care as theyare costly .

7) Never waste any quantity coke, pitch, oil (FO,HSD, LDO) & LPG a drop of any types of oil .

31.2 The Energy Policy of NALCO is attached. The Service Provider needs to comply all the requirements ofthe Policy in consultation with the Manager-in-Charge of the contract.


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ANNEXURE-III

EXCEPTION / DEVIATION STATEMENT TO THE TENDER TERMS & CONDITIONSIn case of no deviation please write 'No Deviation' in the space below:

Sl.No

Reference of Tender Document Subject Deviation / Exception

Page No. Clause No. Para No.

Signature & Seal of bidder.


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ANNEXURE – IV(A)-: DECLARATION BY THE BIDDER :-

I _________________________________________________ representing the bidder, do declare on behalf

of the firm as hereunder :

* That, I am the PROPRIETOR of the bidder’s firm. I undertake to submit proof of ownership asand when demanded by NALCO.

OR* That I am the authorised signatory to the tender documents holding valid Power of attorney.

Certified copy of the valid power of Attorney is enclosed with the offer.NOTE: Strike out whichever is not applicable.

(a) That, we do not have any FINANCIAL/PROFESSIONAL stake in any of the other bidders participating inthis tender;

(b) That, this firm has not been blacklisted/debarred/banned in any unit of NALCO/Other PSUs / GOVT ofIndia/ State Govts/ Quasi Govt. organizations.

(c) That, we are not in any arbitration/legal cases with NALCO and no cases are pending in court of law.(d) That, the proprietor/partners/directors/ employees of the firm have never been a part of any

blacklisted/debarred/banned firms or company in any unit of NALCO/Other PSUs / GOVT of India/ State

Govts/ Quasi Govt. organizations.(e) That, we have never been prosecuted by any statutory authority(f) That, any change in the constitution of the firm shall be made with prior clearance from NALCO.(g) That, we have studied all the clauses/sub-clauses terms and conditions of the tender documents

including GCC and our offer fully comply with the requirements spelt out in the tender documents.(h) We undertake to abide by and comply with all the safety and environmental regulations in force in NALCO

during the execution of work.(i) We undertake to abide by and comply with all the applicable provisions of laws governing contract

workers engaged by you for this work.(j) We undertake to receive payment through E-payment mode.(k) The appendix I & II regarding relatives working in NALCO are filled up and enclosed.(l) That we have quoted the rates in figures as well as words.(m) We undertake that we do not have any unauthorized structure / construction inside Nalco-nagar Township

or Plant. We also undertake to remove any / all such structures, if detected by Nalco later on in

compliance of GCC terms and conditions.(n) We declare that all supporting documents of the offer submitted are attested by a Gazetted officer /

Notary public.

(o) I/we declare that the document down loaded by me/my company is/are not tampered in any form.(p) We under take that my workers shall use electronic Punch cards at the Plant gates at the time of

entry and exit if in troduced by NALCO. Failing which he shall not be allowed into the Plant.

I further declare that all above statements are true. If at any time during pre-ordering/postordering stage of the contract, it is found otherwise, action as deemed fit by NALCO including ‘rejectionof my offer”/ ‘banning/blacklisting’ me/my firm / my company and forfeiture of EMD may be taken. Thesame will be binding on me / firm / company represented by me.

Name of the signatory_________________________________

Postal address of the firm: _____________________________

____________________________________________________

_____________________________________________________

PAN NO : TIN NO : _________________

EPF NO :____________________ESI NO :_________________

Phone no______________________Mobile no_________________

Fax no:_________________________

Email Address : _____________________________________

Date: _________ (Signature and official seal of the Proprietor / Authorised Person)


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ANNEXURE – IV(B)

FORMAT FOR ACKNOWLEDGEMENT CUM CONSENT LETTER FROM BIDDER

To

The DGM ( P&C) ,

NALCO CPP CONTRACT CEELL ,

ANGUL -759145 .

FAX NO. 06764 220145 .

Atten. : -------------------------------

SUBJECT: Tender for -------------------- (BIDDING DOCUMENT NO. ---------------------------------)

Dear Sir,

We hereby acknowledge receipt of a complete set of Bidding Document along with enclosures for subject works as

per the Master Index for our use in preparing the Bid.We undertake that the contents of the above Bidding Document shall be kept confidential and further that the

drawings, specifications and documents shall not be transferred and that the said documents are to be used only for

the purpose for which they are intended.

A. We intend to bid as requested for the subject works and furnish following details with respect to our quoting

office:

a. POSTAL ADDRESS : ________________________

b. TELEPHONE NUMBER : ________________________

c. TELEFAX NUMBER : ________________________

d. CONTACT PERSON : ________________________

e. E-MAIL ADDRESS : ________________________

B. We are unable to bid for the reasons given below and we are returning back the entire set of Bidding

Documents.

Reasons for non-submission of Bid:

___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________

AGENCY'S NAME : _________________________

SIGNATURE : _________________________

NAME : _________________________

DESIGNATION : _________________________

DATE : _________________________


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ANNEXURE-V

Undertaking on Downloaded tender documents

We here by confirm that, we have downloaded the complete set of tender

documents along with the set of enclosures hosted in NALCO's website,

www.nalcoindia.com/www.eprocure.gov.in . We conf irm that the bid document

has not been edited or modified by us and all pages have been submitted. It is

confirmed that we have quoted as per the original NIT unless otherwise

specifically mentioned as deviation in the deviation sheet.

Suppression of this information in any form if detected at

any stage will be disqualification and will lead to rejection of the offer or

termination of the contract as the case may be.

Date:___________ Signature Authorised Person With seal

Name of the signatory ___________________________________

Company Name __________________________________________

Postal Address ___________________________________________

___________________________________________

Email ID _________________________________________________

Phone ______________________ FAX _______________________

Al l the above fields are to be fil led up or else the offer may be l iable for reject ion.


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ANNEXURE – VI

SAMPLE OF CONTRACTOR’S INVOICE FOR PAYMENT OF SERVICE TAX(Under Rule 4 a of Service tax Rule 1994)

Name & Address of Service Provider

PAN

S.T.R.C. No.

OVAT TIN.

Name & Address of Service Receiver

PAN: AAACN7449M

S.T.R.C. No. AAACN7449MSD015

OVAT TIN: 21331104647

Original- Excise Deptt./Duplicate- Finance/Triplicate-Engineer-In-Charge/Quadruplicate-Service Provider

INVOICE NO:DATE:

Type of Service Provider (Strike whichever isnot applicable)

Individual/Body Corporate/Firm /HUF/ AOP/ Government/Local Authority

Whether CENVAT credit on inputs, capital goods and input services, used forproviding the taxable service, has been taken by the service provider under theprovision of the CENVAT Credit Rule,2004

Yes

No

1. Running Account Bill No

2. Period of Provision of Service From To

3. W.O./P/O. Number and Date No. Date:

4. Description of taxable service

5. Whether covered under Reverse ChargeMechanism

Yes No If yes, please mentionthe category

6. Name and Address of the Service Receiver National Aluminium Company Limited, Captive Power PlantDivision, Angul

7. Gross amount of Contract

8. Value of Materials component in theContractor Invoice

9. Value of free Issue Material Supplied byNALCO (as ascertained from individualissue voucher pertaining to billing period

10.Value of service portion of contract.(Sl.No.7- Sl.No.8) Actual Basis

11.Value of service portion of contract(Composite scheme) (Sl. No.7+Sl.No.9) Xapplicable % * (Note)

12. Amount of Service tax on Sl.No.10 or Sl.No. 11 as applicable

Tax Edn. Cess SHE Cess:

13. Percentage of Service tax liability to be

deposited by the service provider underreserve charge mechanism


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14. Amount of Service tax payable to serviceprovider as per Sl. No. 13

Tax Edn. Cess SHE Cess:

Declaration:We have paid/shall be paying the applicable service tax amount to Rs. …………………………... to the Excise

Authority within the statutory time limit.

Date Signature of the AuthorizedSignatory with Seal (by service provider)

Signature of Engineers-In-Chargewith Seal

For Use in Finance DepartmentValue of service component Rs.

Applicable % under ReverseCharge Mechanism

Service Tax passed forpayment to Service Provider inRs.

Service Tax to be depositedby NALCO in Rs.

Tax: Tax:

Edn. Cess: Edn. Cess:

SHE Cess: SHE Cess:

Total: Total:

Accountant Accountant

• NOTE:• Applicable % for determining service component on composition scheme.

• Original works- 40% of value execution

• Repair /Maint./Renovation 70% of value execution

• Others 60% of value execution


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ANNEXURE-VIIBank MANDATE FORM for e-payment

(To be submitted in Duplicate)ToNational Aluminium Company LimitedCaptive Power PlantNalco Nagar – 759145Dist.-Angul, Orissa.

Dear Sir,Sub. :- Authorization for release of payment due from NALCO………………….....throughe-mode facilities of RTGS/NEFT/Internet Banking.

Refer Order No………………………………………………….. Date……………………….. And/ or Tender/ Enquiry/ Letter No…………………………………… Date…………………

(Please fill in the information in CAPITAL LETTER PLEASE tick wherever it is applicable)

1. Name of the party : …………………………………………………………………..2. Address of the party : …………………………………………………………………..

…………………………………………………………………..: City: ………………………. Pin Code ………………………

E-mail ID : …………………………………………………….Permanent Account Number. : ………………………………..

3. Particulars of Bank :

Bank Name Branch name

Branch Place Branch City

Pin Code Branch Code

MICR.No.

Account type Savings: Current: Cash Credit:

Account No.(as appearing in the Cheque Book).( 9 digits code number appearing on the MICR band of the cheque supplied by the Bank. Please attachXerox copy of a cheque of your bank for ensuring accuracy of the bank name, branch name & code and

Account number )

IFSC Code.

4. Date from which the mandate should be effective:

I hereby declare that the particulars given above are correct and complete. If any transaction isdelayed or not effected for reasons of incomplete or incorrect information, I shall not hold National

Aluminium Company Limited responsible. I also undertake to advise any change in the particulars of myaccount to facilitate updation of records for purpose of credit of amount through Internet / RTGS / NEFT.

Place:Date: Signature of the Party / Authorized Signatory

…………………………………………………………………………………………………..Certified that particulars furnished above are correct as per our record.

Bank’s Stamp:Date:

(Signature of the Authorized Official from the Banks)

N.B.: RTGS / NEFT charges if any, is to borne by the party.


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ANNEXURE-VIIILIST OF STANDARDISED BANKS

I SCHEDULED PUBLIC SECTOR BANKS (INDIAN)1. State Bank of India2. State Bank of Bikaner and Jaipur3. State Bank of Hyderabad4. State Bank of Mysore5. State Bank of Patiala6. State Bank of Travancore7. Allahabad Bank8. Andhra bank9. Bank of Boroda10. Bank of India11. Bank of Maharashtra12. Canara bank13. Central bank of India14. Corporation Bank15. Dena Bank16. Indian Bank17. Oriental Bank of Commerce18. Punjab National Bank19. Punjab and Sind Bank20. Syndicate Bank21. Union Bank of India22. UCO Bank23. United Bank of India24. Vijaya Bank25. IDBI Bank

II SCHEDULED PRIVATE SECTOR BANKS (INDIAN)1. ING Vysya Bank 2. Axis Bank

3. SBI Commercial & International Bank Ltd. 4. ICICI Bank 5. HDFC Bank6. YES Bank 7. Indus Ind Bank 8. Kotak Mahindra Bank

III SCHEDULED FOREIGN BANKS1. American Express Bank Ltd. 2. Bank of American NT & SA 3. Bank of Tokyo Ltd. 4. BNP Paribas

5. Barclays Bank plc 6. Citi Bank NA 7. Deutsche Bank AG 8. Hongkong & Shanghai Banking Corporation 9. Standard Chartered Bank 10. JP Morgan Chase Bank NA


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ANNEXURE-IX(A)INDEMINTY BOND AGAINST FREE ISSUE MATERIAL TO SELLER/CONTRACTORS

WHERAS National Aluminium Company Limited (here in after referred to as “THE OWNER”) which expressionshall unless repugnant to the context includes their legal representatives, successors and assigns having their registeredoffice at “NALCO BHAWAN, P/1,NAYAPALLI, BHUBANESWAR-13, Orissa” has entered into a Contract with M/s

______________________________________ placed a Telex of intent ________________ (here in after referred to asthe “Contractor their legal representatives, successors and assigns”)

On the terms and conditions as set out interalia, in the owner’s Contract

No.CPP/CNT/MC- dt. and various documents forming part thereofherein after collectively referred to as the “Said Contract” which expression shall include all amendments, modificationand/or verification thereto.

AND WHERAS:i) The owner subject to availability has agreed to supply to the contractor raw materials for the purpose of

execution of the said contract by the “Contractor” (the raw materials to be supplied by the owner to thecontractor herein after for the sake of brevity referred to as the “said materials”) and pending execution by the“Contractor” of the said contract incorporating the said materials. The said materials shall be under thecustody and charge of the contractor and shall be kept, stored, altered, worked upon and/or fabricated at thesole risk and expense of the contract.

ii) As a pre-condition to the supply of the said materials by the owner to the “contractor”, the owner has requiredthe contractor to furnish to the owner an Indemnity Bond in the manner and upon terms and conditions hereinafter indicated.

NOW, THEREOF, in consideration of the promises aforesaid the contractor hereby irrevocably and unconditionally

undertakes to indemnity and kept indemnified the owner from and against all loss, damage and destruction (inclusive butnot limited to any or all lose of damage or destruction to or of the said materials or any item or part thereof by theft,pilferage, fire flood, storm, tempest, lightening, explosion, storage, chemical or physical action or reaction, bending,warping, exposure, resting, faulty, workmanship, faulty fabrication or faulty method or technique of fabrication, strike, riot,civil commotion or other act or omission or commission whatsoever within or beyond the control of the contractor, misusean misappropriation (inclusive but not limited to misuse or misappropriation by the contractor and the contractor’s servantsand/or agents).Whatsoever to or of in the said , materials or any part of item thereof from the date that the same or relative part of theitem thereof or complete fabricated work(s) incorporating the said materials and undertake to pay to the owner forthwithon demand in writing with protest or demure the value AS SPECIFIED BY THE OWNER of the said materials or item orpart thereof ,lost damage, destroyed, misused and /or misappropriated, as the case may be, TOGETHER WITH theowner’s cost and expense (inclusive of but not limited to handling, transportation, cartage, freight, packing and inspection

cost/expenses) upto and aggregate limited or ̀_____________________(Rupees

_________________________________________________only ) or ay penal recovery in respect of the same in theterms of the contract and the contractor hereby agree with the owner that:-

i) The indemnity/undertaking shall be continuing Indemnity/undertaking shall remain valid and irrevocable for allclaims, of the owner arising hereunder up to and until the midnight of _____________ HOWEVER, if thecontract for which this indemnity/undertaking is given is not completed by this date, the *contractor herebyagree to extend the Indemnity/undertaking till time as required to fulfill the contract.

ii) This Indemnity/undertaking shall not be determined or change of constitution or insolvency of the * contractorbut shall be in all respects and for all purpose be binding and operative until payment of all money payablethe owner in terms thereof.

iii) The mere statement of allegation made by or on behalf of the owner in any notice or demand or other writingaddressed to the * contractor as to any of the said materials or item or part thereof having been lost,damaged, destroyed, misused, or misappropriate while in the custody of the contractor and/or prior to thecompletion of the completion of the completed fa