BSES YAMUNA POWER Page 1 Bidders seal and signature Tender Ref No. CMC/BY/16-17/RB/VKS/026 TENDER NOTICE FOR SALE OF SPARES, CONSUMBLES & EQUIPMENT TO ELECTRICITY UTILITY COMPNAY AS PER LIST Invitation of the sealed tender from buyers for disposal of different items on “AS IS WHERE IS BASIS” lying at our different Stores, BSES Yamuna Power Ltd. Tender form can be obtained from the office at below address during Office hours on any working day upto 13 th July 2016, until 11 A.M. Sealed tender is to be submitted in prescribed form before 11 A.M. on 13 th July 2016 and to be submit in the below mentioned address. SCHEDULE OF PROGRAMME Period of Contract Full Quantity Lifting (One Time) Inspection of Scrap material 5 th July 2016 to 11 th July 2016 Venue of Inspection As mentioned the Patpatganj and Mullah Colony Scrap Store. For inspection contact Sh Surinder Kohil DGM Store (9350316325) Tender Fee The schedule of specifications with detail terms & conditions can be obtained from address given below against demand draft/Pay Order of Rs.1000 per set- drawn in favour of BSES YAMUNA POWER LIMITED, payable at Delhi. The sale of tender documents will be issued from 29.06.2016 onwards on all working days upto 13.07.2016. The tender documents can also be downloaded from the website “www.bsesdelhi.com”. However, it is advisable to inform BYPL about your interest in tender. EMD Details EMD of Rs. 1, 00,000/- is to be deposited through Demand Draft / Pay Order favoring BSES Yamuna Power Limited will be deposited in separate envelop Last Date for submission of Offer along with EMD 13 th July 2016 Address for submission and collection of Tender BSES Yamuna Power Ltd,Shakti Kiran Building, A-Block,3 rd Floor, Karkardooma, Delhi-110032 (Contact Person : Vikas Srivastava -9311716913)
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BSES YAMUNA POWER Page 1
Bidders seal and signature
Tender Ref No. CMC/BY/16-17/RB/VKS/026
TENDER NOTICE FOR SALE OF SPARES, CONSUMBLES & EQUIPMENT TO ELECTRICITY UTILITY COMPNAY AS PER LIST
Invitation of the sealed tender from buyers for disposal of different items on “AS IS WHERE IS BASIS” lying at our different Stores, BSES Yamuna Power Ltd. Tender form can be obtained from the office at below address during Office hours on any working day upto 13
th July 2016, until 11 A.M. Sealed tender is to be submitted in prescribed form
before 11 A.M. on 13th
July 2016 and to be submit in the below mentioned address. SCHEDULE OF PROGRAMME
Period of Contract Full Quantity Lifting (One Time)
Inspection of Scrap material 5th July 2016 to 11
th July 2016
Venue of Inspection As mentioned the Patpatganj and Mullah Colony Scrap Store. For inspection contact Sh Surinder Kohil DGM Store (9350316325)
Tender Fee The schedule of specifications with detail terms & conditions can be obtained from address given below against demand draft/Pay Order of Rs.1000 per set- drawn in favour of BSES YAMUNA POWER LIMITED, payable at Delhi. The sale of tender documents will be issued from 29.06.2016 onwards on all working days upto 13.07.2016. The tender documents can also be downloaded from the website “www.bsesdelhi.com”. However, it is advisable to inform BYPL about your interest in tender.
EMD Details EMD of Rs. 1, 00,000/- is to be deposited through Demand Draft / Pay Order favoring BSES Yamuna Power Limited will be deposited in separate envelop
Last Date for submission of Offer along with EMD
13th July 2016
Address for submission and collection of Tender
BSES Yamuna Power Ltd,Shakti Kiran Building, A-Block,3
rd Floor, Karkardooma,
Delhi-110032 (Contact Person : Vikas Srivastava -9311716913)
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TERMS & CONDITIONS OF SALE 1. Quantity: The Lifter will lift the scrap on “as is where” basis of such quantity as and when allotted to it by the scrap coordinator of the company. The said allotted quantity may be varied at any time by the company and lifter shall accept the same without any demur and lift the varied quantity of the scrap as per the instructions of Scrap Coordinator. 2. Payment Terms: The lifter shall be liable to make 100% of the payment in advance in lieu of the scrap allotted inclusive of applicable duties, sales taxes, surcharge, TCS etc. shall be made to the finance department of the Company in advance before lifting the scrap by way of demand draft/pay order/RTGS in favor of BSES Yamuna Power Limited payable at New Delhi as the case may be and EMD will be adjusted from the final payment. 3. EMD: Lifter shall be liable to pay Rs 100000/-(One Lakh only) to BSES Yamuna Power Limited as Earnest money against the scrap along with separate envelop and in absence of EMD tender will not consider for opening. 4. Time Duration of the contract: Scrap coordinator will fix the date and time for lifting the material and the Lifter shall lift the material with in the time as provided by the Scrap Coordinator. Time is the essence of the contract and the Lifter will strictly adhere to the schedule as provided by the Scrap Coordinator. 5. Cancellation and Termination of the Contract: The Company reserves its right to terminate the Agreement without any prior notice in any of the following circumstances:
a. If the Lifter fails to deposit the advance payment in time as per Clause 4 and 5 of
the Agreement. b. If the Lifter or any of his representatives is found guilty of any malpractice and/or
dishonesty at any point of time during the period of operation of the Agreement. c. If the Lifter commits any breach of the terms and conditions of the Agreement. d. If the Lifter fails to lift the material with in 4 days from the time schedule as
provided by the officer concerned as per clause 6. e. If the Lifter is unable to complete the contract for any reason whatsoever.
6. Penalty and forfeiture of the SMD: The Company reserves the right to impose penalty and forfeit the EMD in any of the following conditions.
A. Penalty:-
In case the material is not removed as per the time schedule then the Company shall impose fine of minimum amount of Rs 10,000/-(ten thousand) per day for each day of delay subject to maximum of 10% of the estimated value of the scrap.
B. Forfeiture of EMD:-
b. In case the Agreement is terminated as per Clause 7. c. In case the Lifter fails to clear its dues as detailed herein above in the
Agreement.
7. Statutory Requirement:
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a. The Lifter shall comply with all statutory requirements with respect to items, workmen, equipments, vehicle etc. at own cost. The lifter shall take a insurance cover for third party liability with in 15 days from the date of Agreement. The Company shall not be responsible for any non-compliance in this behalf.
b. The Lifter will have to produce authorization/certificate from pollution control board or a write up giving details certificate of nature of its business and convincing proof that the lifter is the end users and disposing the wastage generated during the process in environmentally friendly manner i.e. handling, bagging, loading, removal in safe manner or statutory permission from government authority where-ever it is applicable.
8. General Terms and Conditions:
a. The lifter has to make its own arrangement for taking delivery i.e. handling, bagging, loading, removal and transportation of the scrap and the necessary manpower, tools and tackles will be arranged by lifter at its own cost.
b. The Lifter shall be solely responsible for insurance cover for its employees/representatives/workmen etc. deputed to work at the premises of the Company against any accident, personal injury or death.
c. The Lifter will have to comply with all the rules and regulation applicable from time to time.
d. The Lifter will ensure that no damages are caused either directly or indirectly to the property of the company and the Lifter shall not cause any hindrance to the working of employees of the Company and /or other parties. The lifter shall indemnify the company against any claims, charges generated during the process, utilizing the above items.
e. The Company reserves the right to split contract to any number of parties at any
time during this contract. f. The Company reserves the right to retain the scrap material for its internal use
even if it is been awarded to the Lifter.
g. As the disposal of scrap material will be done on “as is where is” basis, no sorting, picking and choosing of any material will be allowed in the premises of the Company in any case whatsoever.
h. The Lifter will be responsible during the entire period of the Agreement if any liability occurred to any third party during scrap lifting/transportation etc.
i. No escalation charges is payable to the Lifter under any circumstances.
9. Other Guidelines: a. The Lifter will report with its vehicle at the gate latest by 9.30 AM or the time
given by the concerned officer of the Company and will report at the area of loading after getting the security/stores permission.
b. Loading of the material shall be carried out in presence of the company supervisor and loading will be allowed till 5.30 PM or time given by the concerned officer of the Company.
c. The Lifter shall take necessary Certification/Challan of the material loaded from concerned officer (Scrap Management) or their authorized representative.
d. The Lifter will fulfill all the requirements laid down by scrap management. e. The Company shall not be responsible for demurrage detention of truck due to
delay in placement/loading or any other reason whatsoever. f. Weightments at our approved weigh bridge shall be final and binding on the
Lifter.
10. Force Majeure:
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Acts of God like floods, earthquakes and other occurrence such as war, riots etc. totally beyond control of the Company/the Lifter shall only be considered as force – majeure condition.
11. Arbitration: If at any time during the period of agreement, any disagreement, dispute or difference what so ever arises between the Company and Lifter the same shall be referred to sole arbitrator to be appointed by the Company. The decision of the said sole arbitrator shall be final and binding on parties. The provision of the Arbitration and Conciliation Act, 1996 and the rules there under and any statutory modification there to shall be deemed to apply. The place of arbitration shall be New Delhi.
12. Jurisdiction: All disputes relating to this Agreement, if any, will be deemed to have arisen with in the jurisdiction of the Courts at New Delhi exclusively.
13. Weightments: On reporting, the empty trucks/trailers shall proceed to the weighbridge for taking tare weight. Thereafter truck/trailer will proceed towards scrap locations/stores for scrap loading. After loading the truck/trailer will again be taken on the same weighbridge for taking gross weight. Net weight is found out from these readings. All weightments will be carried out in the presence of the company’s representative. Weight taken at the company’s authorized weighbridge shall be final and binding for the purpose under the contract.
14. Safety: The Lifter shall provide the necessary personal protective items i.e. helmet, safety shoes, hand gloves and face mask etc. to its workmen/repetitive/employee etc. while loading the scrap materials. The Lifter will be fully responsible for the safety of its workmen/representatives/employee etc. who are engaged in scrap handling in scrap yard and the workmen/representative/employee etc. are bound to follow the safety regulation of the Company. . The lifter shall indemnify the company against any claims, charges generated during the process, utilizing the above items.
15. Security: The Lifter and its workmen/representative/employee etc. are bound to adhere the rules and regulations of the Company towards security while engaged in scrap handling activity in the company premises. The Lifter personal/representative etc. are not allowed to go anywhere in the company premises except the scrap site and they have to leave site along with their vehicle after the completion of loading. . The lifter shall indemnify the company against any claims, charges generated during the process, utilizing the above items.
16. The Lifter’s representative: The Lifter shall appoint its authorized representative who shall be always available to the Company’s scrap site during the lifting of the scrap material. No scrap handling scrap transaction like entry of workmen/representative/employee etc. and truck at gate, loading of scrap from scrap yard, signing the documents including gate passes will be allowed in the absence of the representative/workmen so appointed etc. of the Lifter as well as the Company.
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IN WITNESS WHEREOF the Parties; after reading and understanding the terms and conditions hereunto, set their respective hands on the place, day, month and year before above written in the presence of witnesses. Winning buyers are required to lift the Material against full payments (inclusive of taxes and duties applicable) in advance by DD regularly till the contract is over on a regular basis. You will visit for lifting the Material as per Minutes of Meeting or as per mutually agreed dates, without fail. The Seller shall be entitled to hold back the material if full payment is not received." In case reserve price is not met, the bid will be treated "Subject to Approval" and highest bidder will be intimated / informed about the sellers decision within 20 working days of the auction. If the bidder to whom the material has been offered fails to pay within 48 hours after sellers decision his Bidders deposit will be forfeited and the bidder will not be allowed to participate in future auctions.
In case the winning buyer does not make payment of security deposit within 48 hours then the Bidder Deposit of the winning buyer would stand forfeited. In such a case the seller may offer the contract to the 2nd highest bidder.
Winning buyer to arrange necessary payment one day in advance before inwarding the vehicle during the contract period. During the contract period if there is any delay in making of any of the payments or lifting of material within the prescribed time frame will render the Buyer liable to forfeit the payments made and offer the contract to any other buyer. BSES Yamuna Power Limited reserves the right to terminate the contract and / stop the supplies of the Material at any time during the Contract Period, if BSES Yamuna Power Limited wishes to use the Material for their own purpose.
General Terms and Conditions
INSPECTION / EXAMINATION OF MATERIAL AT SITE: A. The material shall be sold on “AS IS WHERE IS’ basis. No complaints whatsoever will
be entertained after the bid is made. The bidder is deemed to have inspected, examined reasonably and satisfied himself as to all matters regarding condition, quality and type of the material. No question or claim whatsoever in this respect shall be entertained after submission of the bid. The seller will not be in any manner responsible for any damage/deterioration of the material, if the saleable material is kept in the “Loading / Unloading” in open space. The Seller shall not be in any manner liable whatsoever for the performance of the material.
B. The number, quantity or tonnage, nature of material and time of auction etc., given in the catalogue or auction bidding screen are only indicative approximate quantities. The material will be sold on prorata basis without any regard or consideration to this and no warrantee shall be implied.
C. BSES Yamuna Power Limited shall be under no obligation to put up the lots singly or serially or in any particular manner and they reserve the right to withdraw any lots at any time during the period of auction without assigning any reason thereof. BSES Yamuna Power Limited may refuse to accept any bid from any person /persons without assigning any reason for such refusal.
D. In case the contractor fails to lift promptly the Arising Material, then the contract & material will be sold to any other party and difference will be recovered from the contractor and / or Security Deposit will be forfeited and contract will stand terminated.
TAXES AND DUTIES. A. Taxes and Duties applicable will be charged extra on the bidded rates, as mentioned
above.
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B. The winning bidder will be liable to provide forms as applicable for concessional Sales Tax while lifting the material. Failing which the seller shall charge Full Sales Tax as per prevailing rates.
C. All Taxes duties like Sale Tax, Terminal Tax, Excise Duty ,TDS and any other taxes, duties (imposed) whether payable to the Central Government or to the State Government or to the Municipal, Local or other authorities shall be deposited by the buyer with the Seller along with the purchase money as part of the final payment.
D. The buyer should furnish copies of his Sales Tax Registration Certificate, incase required by the seller.
DELIVERY OF MATERIAL: A. The buyer will make his own arrangement for lifting and transportation of material from
the seller's premises. However, the seller will only guide in loading and weighing (if on weight basis) of material. Buyer will not be entitled to claim any further facility or assistance in this regard. The material sold on weight basis will be weighed on seller's or authorized weighbridge in the presence of seller's representative. The weights recorded on the weighbridge will be final and binding on both parties. No complaints as regards the shortage in the weight will be entertained later.
B. The buyer is not entitled to choose or pick any particular material from lot. He has to lift entire material as available in lot and as per directions of seller's representative.
C. The buyer is not allowed to lift any material other than the material described in the Lot even if such material is found in the storage yard at the time of taking delivery. The material other than described in the lot but found at the site belongs to the seller should not be lifted. In case, any successful buyer is found collecting material belonging to the seller willfully, severe action may be instituted against such buyer by the seller. This may include even lodging of Police Complaint.
D. The material delivery will be effected during working hours only between 9:30am to 4:00pm (except holidays and Weekly off JBM - Thursday ) and with appointment confirmation from the Seller.
E. Re-Sale will not be recognized and Release Order will be made out in name of actual Successful Bidder only. However incase winning bidder wants material to be lifted by his sister company for any reason, he may do so by giving prior intimation in writing after declaration of winning results and before any advances / payments are made to seller.
FORFEITURE / PENALTY: A. SECURITY PAYMENT: In case of delay in making the payment penalty at the rate of
0.2% per day (prorata) of the material value will be charged. On further delay beyond 1 week (plus extension granted if any by the seller in special cases), the bidders deposit will stand forfeited. In such a case the bidder will be declared as backed out and the opportunity of purchase will be given to the next highest bidder.
B. 100% PAYMENT & LIFTING OF MATERIAL: Absolutely necessary to put a vehicle as per schedule ,failing which Rs 2,000/- ground rent per day will be charged for a period of four days beyond which the lot will forfeited with deposit .The company is free to claim such further losses , damages caused by the bidder for failure to lift the material.
C. During the contract period if there are three consecutive failures while lifting the material, BSES Yamuna Power Limited reserves the right to terminate the contract with the buyer. Security in this case will be forfeited without giving any reasons thereof.
FORCE MAJEURE CLAUSE Seller shall not be liable for non-performance of any contract either wholly or in part nor for any delay in performance resulting due to cases beyond seller’s control including fire, strikes, lock-out, closure, dispute with workmen, uncertain and unstable labour situation, war, riots, civil commotion, pestilence, epidemic, floods, accidents, damage or requirements of Government force or any circumstances. Should seller so determine shall be entitled at any
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time without notice to the buyer to cancel any contract the performance of which is likely to be delayed by any of the cause aforesaid and in such cases, the buyer shall have no claim upon the seller of any kind, The provision of this paragraph shall not be limited or abrogated by any other terms of the contract whether printed or written nor will be provision of this clause abrogate or limit the effect of any other clause mentioned in these terms and conditions. In case any buyer purchases a lot and after making full or part payment removes part of the Lot and fails to remove the balance lot then, after the stipulated time is over (including the extension granted if any), the lot will be treated as abandoned and whatsoever money is paid for the lot will be forfeited along with the Down Payment etc. GENERAL A. The highest auction bid, if not meeting the reserve price, will be 'subject to the
approval'. The auction administrator of BSES and the seller will supervise together the auction sale and reserve the right to accept or reject such highest bid without declaring any reasons whatsoever. Such decision will be given to the highest bidder within there period mentioned above payment terms. The Seller reserves the right at its discretion to withdraw any lot prior to commencement of auction without assigning any reasons thereof. The auctioneer may even refuse to accept any bid from any person, at any time without assigning any reasons for such refusal.
B. Successful execution of the contract will mean regular clearance of the lot sold from specified location and payment of complete transaction money inclusive of Duties, levies and taxes within specified time frame.
C. Buyers are warned that any attempt to misuse Gate Pass, Challan authorizing delivery, the decision of the seller regarding satisfactory performance or otherwise will be final and binding on the buyers and such lots in question shall be resold by the seller without any further.
ABIDANCE BY COMPANY’S RULES AND REGULATIONS REGARDING SAFETY AND DISCIPLINE The buyer, their servants and agents shall be required to abide by all specific generals regulations of safety and discipline within the seller’s premises. The material will be handled by the buyer, their servants/agents at their own risk and any loss/damage whatsoever to any individual or property in such handling or as a consequence thereof shall be the sole responsibility of the buyer. ARBITRATION AND JURISDICTION All disputes and difference arising out of this auction shall be referred to the sole arbitration of seller or his nominee and the award of such arbitrator shall be binding on both the parties. The contract shall be subject to the jurisdiction of Pune Courts only.
Bidders shall be submitted declaration on 100 rupees stamp paper for undertaking of responsibility of vehicles (Lot no.1) purchased from BSES Yamuna power & Lot No.2 will be scrapped & Lifted at the presence of BSES Yamuna power officials LTD at the time of work order.
It is mutually understood and agreed that the laws of the Union of India shall govern this Agreement, without reference to its conflicts of law provisions. The courts in Mumbai shall have exclusive jurisdiction relating to any proceedings arising out of this agreement.
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List of Material and Lifting Period at BSES Yamuna Power Limited
Material Material Description Qty
2000001886 THYRISTOR,30A,800V TYPE:H30TB8 2
2000001887 DIODE,TYPE:S2HR41 2
2000002686 BASE FRAME, 290MM F/ 4 WAY ABB RMU 1
2000002692 COIL,TRIPPING F/W/C1 RELAY, ABB RMU 2
2000002859 INSULATED PH SEPERATORS F/LT AB CABLE 200
2000002930 TEN MID SPAN JOINT F/55MM2 MESSENGER 250
2000803705 CHANNEL,TYPE:C,F/TRANSFORMER BASE MNTG 40
2000802531 CLAMP,TY:9TC,F/TRANSFORMER SUPPORT MNTG 40
2000781917 ARM,CANTILEVER,GI,620MM LG 40
Note- Tender should be submitted in Three separate envelop, as follows 1. Envelop for Tender Fee of Rs. 1000 /- 2. Envelop for EMD of Rs. 100000 /- 3. Envelop for offer and Tender document duly signed
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OFFER FORM Ref No: Name of the Tenderer: Address of the Tenderer: Phone No. : Mobile No. : Fax No. : PAN No: : (copy of PAN card attached) TIN NO : Contact person: Ref: Sale of old listed Material strictly on “AS IS WHEREIS BASIS”. Dear Sirs, We have inspected the old scrap material lying at your office on above address and confirm our acceptance of the same. We are pleased to submit our offer for Contract of said items of Old scrap material at the below mentioned price and Taxes.
S.No. Material Name UOM Stock Basic Rates Rates in words
1 Scrap of Obsolete Items LOT As per List
We are enclosing herewith Demand Drafts in favor of “BSES YAMUNA POWER LTD.” Drawn on Nationalized/schedule Bank. Demand Draft No...______________ drawn on ____________________________ date__________amount________________ DECLARATION: I/WE have read and acquainted myself/ourselves with the terms and Conditions of sale. I/WE unconditionally agree to the terms conditions. In addition, have submitted this offer accordingly. SIGNATURE OF TENDERER (COMPANY / FIRM’S SEAL)