-
Registered &
Corporate Office
SJVN Corporate Office Complex, Shanan,
Shimla-171006 (H.P.)
Liaison/Co-
ordination Office
SJVN, IRCON Building, Ground Floor, Saket New
Delhi. PIN-110017, TELE: 011- 41659210/17 FAX: 011-
41659204/14
एसजेवीएन लिलिटेड SJVN Ltd. (भारत सरकार तथा हिमाचल प्रदेश सरकार
का साांझा उपक्रम)
(A Mini Ratna and Schedule A Company)
(6X250MW नाथपा झाकड़ी जि ववद्युत स्टेशन) प्रापण एवं संववदा ववभाग,
झाकड़ी, जजिा लशििा, हि॰ प्रे॰-. 172201
फोन. 01782-275236,275459,275106, फ़ैक्स 01782-234049, 275106,
http://www.sjvn.nic.in
GSTIN No. 02AAICS1307F1ZY ससन ्सांख्या (CIN No.)
L40101HP1988GOI008409
NOTICE INVITING TENDER/ ननविदा आमांत्रण सचूना (Domestic
Competitive Bidding)/ घरेल ूप्रनतस्पर्धी बोली
Open press tender enquiries under two part system through
e-tendering are hereby invited from manufacturer or authorized
dealer on behalf of SJVN Limited for “PPR-1670(O&M)/2017 –
Supply and installation of two (02) Nos. of Screw Type Air
Compressors along with Air Receivers for Central O&M Workshop
of NJHPS, SJVN Ltd. Jhakri. Please visit websites www.sjvn.nic.in
or www.eprocure.gov.in to know further details & bid submission
procedure w.e.f 03/02/2018 Bid closing date (Last date and time for
uploading of filled in bids) is 23/02/2018 13:00 HRS (IST). The bid
is to be submitted through e-tendering on
https://sjvn.abcprocure.com.
Deputy General Manager, Procurement & Contract Deptt. NJHPS,
SJVN LTD., Jhakri-172201.
Remarks: Amendment(s)/ corrigendum(s) of NIT and Tender
Documents shall be published on websites of SJVN, except the
extension of date of bid submission and / or modification in
qualification criteria shall be informed through press and on SJVN
websites. Please visit websites www.sjvn.nic.in or
www.eprocure.gov.in.
SAVE ENERGY FOR BENEFIT OF SELF & NATION
SJVN/NJHPS/P&C/PPR-1670(O&M): DATED:
-
ITB- {PPR-1670(O&M)/2018 Page 1 of 18
Registered &
Corporate
Office
SJVN Corporate Office Complex, Shanan,
Shimla-171006 (H.P.)
Liaison/Co-
ordination Office
SJVN, IRCON Building, Ground Floor, Saket New
Delhi. PIN-110017, TELE: 011- 41659210/17
FAX: 011- 41659204/14
INSTRUCTIONS TO BIDDERS (ITB)
The bids are invited using e-procurement mode, so please read
the instructions carefully and upload the filled in bids as per
requirement of bid documents. 1.0 General Instructions 1.1 The SJVN
Limited, hereinafter called "SJVN Ltd." / "Owner" is a Joint
Venture of
Govt. of India and Govt. of Himachal Pradesh having its
registered office at Complex, Shanan, Shimla, Himachal Pradesh Pin
No.-171006, have their Nathpa Jhakri Hydroelectric Power Plant with
a capacity of 6x250 MW at Nathpa (Distt. Kinnaur) and Jhakri
(Distt. Shimla) in the State of Himachal Pradesh, India.
1.2 SJVN Ltd. has issued an invitation to bid as enclosed and
will receive bids as set
forth in the accompanying Bid documents. 1.3 Bids cannot be
uploaded after the time & date fixed for receipt of bids as set
out
in the Invitation of Bid. 1.4 SJVN Ltd. reserves the right to
accept or reject any or all Bids without assigning
any reason for such a decision. 1.5 All the cost and expenses
incidental to preparation of the proposals, discussions
and conferences, if any, including pre-award discussions with
the Bidder, technical and other presentation including any
demonstrations etc. shall be to the account of the Bidder and Owner
shall bear no liability whatsoever on such costs and expenses.
1.6 The last date of availability /downloading of the bid
document are on 22.02.2018
at 12:00 hrs. The complete filled in bids and necessary scanned
documents shall be uploaded at the mentioned address up to
23.02.2018 at 13:00 hrs. The commercial bid shall be opened on
23.02.2018 at 14:00 hrs. The bids cannot be uploaded / submitted
later than 23.02.2018 at 13:00 hrs. However, Price bid part of
qualified & commercial responsive bidders shall be opened on
subsequent date, for which the qualified bidders shall be informed
separately.
1.7 Please note that bids in physical form shall not be
entertained under any
circumstances and are only to be submitted through e-tendering
at https://sjvn.abcprocure.com.
1.8 Please note that bids in physical form shall not be
entertained under any
circumstances and are only to be submitted through e-tendering
at https://sjvn.abcprocure.com.
1.9 DIGITAL SIGNATURES: The bidder should also have the Digital
Signatures
(Class II or higher with signing & encryption both) which
are mandatory for security purpose. The digital signatures can be
obtained from any of the authorized agencies in India as per IT
Act.2000. Valid Digital Certificate must be installed in a computer
system from where you want to login on website. Perform the below
steps to confirm whether valid digital certificate is available on
your computer system or not.
-
ITB- {PPR-1670(O&M)/2018 Page 2 of 18
Registered &
Corporate
Office
SJVN Corporate Office Complex, Shanan,
Shimla-171006 (H.P.)
Liaison/Co-
ordination Office
SJVN, IRCON Building, Ground Floor, Saket New
Delhi. PIN-110017, TELE: 011- 41659210/17
FAX: 011- 41659204/14
Steps:
Open Internet Explorer.
Select Tools menu from menu bar. OR (Press Alt + T on your
keyboard).
Click on Internet Options >>Content >>Certificate
button. The bidder should view your digital certificate under
“Personal” heading Requirement of Digital Signature Certificate
Please enable ActiveX Controls & Plug-ins.
(Tools->Internet Options-> Security- >Custom Level)
Active-X controls need to be enabled in your Internet browser.
In order to ensure this, please do the following:
a. In Menu Bar ---Click on Tools - Internet Options – Security –
Click on Trusted Sites Icon – Click on Sites button. Add 2 Website
in Trusted Sites……
1. https://sjvn.abcprocure.com &
2. https://www.tpsl-india.in After that, click on
Tools menu of Internet explorer - Internet Options – Security –
Click on Internet Icon.
After Click on Custom Level button –
From below ActiveX controls and plug-ins ---- Select below 5
Items to be enabled
1) Download signed ActiveX controls –select Prompt or Enable 2)
Download unsigned ActiveX controls – select Prompt or Enable 3)
Initialize and script ActiveX controls not marked as safe for
scripting – select
Prompt or Enable 4) Run ActiveX controls and plug-ins-select
Enable 5) Script ActiveX controls marked safe for scripting –
select Enable After completed this above selection----Below option
has available---Reset custom settings---Reset To: Select low or
medium ---Click on OK. Also, please check your system Date &
Time it should be set as current date & time.
In case of Digital Certificate based Login, user need to
download & install "Signer" file available under Download
Section at https://sjvn.abcprocure.com.
Download & Install "Intermediary Certificate" available
under Download Section at https://sjvn.abcprocure.com.
Please disable or uninstall Third Party Toolbar / Add-ons from
Browser.
1.10 The contract & procurement process through
e-tendering/e-procurement system is in process at NJHPS, SJVN
Jhakri and hence this tender is to be processed through
e-tendering/e-procurement system. The bids are to be filled and
submitted online. To participate in e-tendering/e-procurement, it
is requested to register with our website
https//:sjvn.abcprocure.com. The one year cost of
-
ITB- {PPR-1670(O&M)/2018 Page 3 of 18
Registered &
Corporate
Office
SJVN Corporate Office Complex, Shanan,
Shimla-171006 (H.P.)
Liaison/Co-
ordination Office
SJVN, IRCON Building, Ground Floor, Saket New
Delhi. PIN-110017, TELE: 011- 41659210/17
FAX: 011- 41659204/14
registration on web site is Rs 3068/- (Rs 2600/- + GST @18%) is
payable directly to M/s e-Procurement Technologies Ltd. The bidder
should also have the Digital Signatures for security purpose. The
detailed procedure for the registration is as under:-
a. Go to the url: - https://sjvn.abcprocure.com In the home page
click on vender Registration.
b. Click on “New Bidder’s Registration” link available on home
page. c. You need to furnish individual details as well as of
company details in
registration form. d. After filling all mandatory fields, you
need to click on “submit” button to
complete the registration process. e. After submission of the
form, the user id and password are generated in
the form of Acknowledgement. f. The payment of annual
registration fee amounting to Rs.3068/- is to be
made through DD/online through Net Banking/Debit Card/Credit
Card etc. g. The User ID will be activated after DD is received or
realisation of
payment online. Send the Acknowledgement copy and uploaded
document below mentioned e-Mail ID. For Registration enquiry and to
activate User ID please call abcprocure Help Desk Centre
+91-79-4027-0555/0507/0564/0563/0548,Cell:+91-93274519729,e-Mail ID
[email protected]& [email protected].
1.11 All the bidders are requested to get themselves registered
well in advance to facilitate timely submission of the bid. In case
bidders wait till last moment for uploading the bids and if any
technical problem is encountered at that time, the bid closing date
& time may elapse.
1.12 Down loading Bid Documents: Bidder to access e-Tender
portal of SJVN (http://sjvn.abcprocure.com) to access NIT document,
after completing registration formality and successful login vendor
need to process for Tender Fee / Document Fee (if any) and after
that bidder can download detailed tender document. “Download
Document” link is available at the end of every tender notice along
with access to “Corrigendum”.
1.13 Bid Submission: (i) Bidder needs to login first on the
tendering portal of SJVN (i.e.
https://sjvn.abcprocure.com). (ii) Search tender by filling
necessary searching criteria after Login. (iii) After finding the
tender on the screen, click on the “Dashboard”. (iv) Click on
“Declaration” and then click on “I Agree”. (v) Click on the “Tender
Fees” (if any) & Pay the tender fees online. (vi) Click on the
“EMD” & Pay the EMD online. (vii) Click on “Prepare Bid” and
fill necessary Forms (Schedules). (viii) After filling Price Bid
Form click on “Final Encrypt”. (ix) After filling all Forms &
final Encryption of Price Bid click on “Final
Submission”. (x) After Final Submission bidder will get receipt
of Final Submission of their
Bid. 1.14 The link “help manual” and “vendor help” for
submission of bids is also available
on the website. For any assistance/ clarification for
e–tendering registration,
-
ITB- {PPR-1670(O&M)/2018 Page 4 of 18
Registered &
Corporate
Office
SJVN Corporate Office Complex, Shanan,
Shimla-171006 (H.P.)
Liaison/Co-
ordination Office
SJVN, IRCON Building, Ground Floor, Saket New
Delhi. PIN-110017, TELE: 011- 41659210/17
FAX: 011- 41659204/14
submission of bid through e-tendering/ procurement , bidder may
contact the following persons/ representatives of M/s abcProcure:-
i. Mr. Chander Kant – M-09459212121, E-mail ID:[email protected] ii.
Mr. Raman Kumar - M- 8449744125, E-Mail: ID [email protected]
iii. Mr. Rahul Dixit- -M-0794027055,e-Mail:[email protected]
iv. Mr. Pankesh Kumar-M- 07940270507, e-Mail: [email protected] v.
Mr. Pradip Parmar-M-07940270564 e-Mail: [email protected]
vi. Link ”Contact us” available on the home page of
https//:sjvn.abcprocure.com
The above persons are to be contacted for help/ assistance
related to e–tendering registration, submission of bid through
e-tendering only.
For any other clarifications regarding the tender bidder may
contact the following persons/ representatives of M/s SJVN:-
(i) Sh. Rajesh Negi: Mobile No.08894725811(E-mail ID:
[email protected])
(ii) Sh. Ajay Kumar: Mobile No. 09418014928 (E-mail ID:
[email protected]) 2.0 Plant Information
The 1500 MW Nathpa Jhakri Hydroelectric Power Plant is located
between Nathpa (Distt. Kinnaur) and Jhakri (Distt. Shimla) in the
State of Himachal Pradesh.
3.0 Communication and Transport Limitation
The Plant Site is located in the interior of Himachal Pradesh.
The dam is located on the Sutlej River near village Nathpa in
District Kinnaur. The underground power house is located near
village Jhakri in District Shimla. Shimla, the capital of the State
of Himachal Pradesh is enroute about 150Km South-West from Jhakri.
The distance by road from Jhakri to Nathpa upstream is about 45 Km
(Approx.).
The rail head (broad gauge) is at Kalka (NR). Kalka is about 235
Km (Approx.) from Jhakri.
Approximate Distance from Kalka
To Mumbai
To Kolkata
To Chennai
(i) By Rail 1906 1809 2558
(ii) By Road 1753 1791 2482
The distance from Kalka to Delhi by road is 285 Km (approx.).
From the Kalka rail head, the Project is approachable by the
following roads/routes:-
(i) Kalka - Dharampur - Solan - Shimla - Narkanda - Rampur -
Jhakri (NH- 22).
: 235 Km (Approx.)
(ii) Kalka - Dharampur - Solan - Shimla - Dhalli - Basantpur -
Rampur – Jhakri.
: 252 Km (Approx.)
(iii) Kalka - Dharampur - Sabathu - Arki - Shalaghat - Dhami -
Basantpur - Rampur - Jhakri.
: 337 Km (Approx.)
Transport Limitation
The transport limitation by road from Kalka to the Plant Site at
Jhakri would be the governing factor in respect of the permissible
package size and weight.
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ITB- {PPR-1670(O&M)/2018 Page 5 of 18
Registered &
Corporate
Office
SJVN Corporate Office Complex, Shanan,
Shimla-171006 (H.P.)
Liaison/Co-
ordination Office
SJVN, IRCON Building, Ground Floor, Saket New
Delhi. PIN-110017, TELE: 011- 41659210/17
FAX: 011- 41659204/14
Bidder should consider all factors as can be envisaged for
transportation of equipment to avoid and overcome the hindrances/
limitations on existing road on account of weather conditions and
any other reasons without affecting the schedule .
4.0 Minimum Qualifying Requirement: The bidder should be a
manufacturer or authorized dealer of proposed manufacturer.
5.0 Scope of Proposal
5.1 The detailed complete Scope of work is Supply, insurance,
transportation, erection & commissioning of Screw Type Air
Compressors two (02) Nos. along with Air Receivers for Central
O&M Workshop of NJHPS, SJVN Ltd. Jhakri shall be as per
Technical Specifications & Scope is as under:- Sr. No.
Description Qty. Unit
Supply Parts:
1 Screw Type Air Compressors equipped with Dryers and Filter
including piping & connections of suitable size up to
receiver(Approx. 15 meters) {Details complete scope as per
technical specification & Scope Annexure-I enclosed}
2 Nos.
2 Air Receiver Capacity 5000 ltrs/5m³ equipped with safety
valve, drain valve and pressure gauge {Details complete scope as
per technical specification & Scope Annexure-I enclosed}
1 No.
3 Air Receiver Capacity 2000 ltrs/2 m³ equipped with safety
valve, drain valve and pressure gauge {Details complete scope as
per technical specification & Scope Annexure-I enclosed}
1 No.
Service Part
1 Installation and commissioning charges Above sr. items (1 to 3
)
Lump sum
Note: For completeness of scope of supply and services, the
various relevant clauses shall be referred. Prices for above items
& service shall be quoted in the relevant ONLINE DYNAMIC price
schedule of the bid document as per above combined BOQ.
5.2 The scope of work as detailed in Technical Specifications
& Scope Annexure-I Enclosed is illustrative only. All clauses
of the specification shall be referred for completeness of scope of
supply and services.
5.3 Guarantee/Warranty Period: The Guarantee/Warranty period for
the Screw Type Air Compressors two (02) Nos. along with Air
Receivers shall be 12 months from the date of commissioning or 18
months from the date of supply whichever is earlier. In case of any
problem within the guarantee/warranty period due to poor quality of
material, poor workmanship etc. the same will be replaced or
rectified free of cost at SJVN project site, as necessary during
the stipulated period in the contract or on the direction of
EIC.
5.4 The bidder shall be required to offer their rates &
prices for entire scope of work.
5.5 The Bid shall be evaluated on overall L-1 basis for the
entire scope of supply and work & not item wise L-1 basis.
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ITB- {PPR-1670(O&M)/2018 Page 6 of 18
Registered &
Corporate
Office
SJVN Corporate Office Complex, Shanan,
Shimla-171006 (H.P.)
Liaison/Co-
ordination Office
SJVN, IRCON Building, Ground Floor, Saket New
Delhi. PIN-110017, TELE: 011- 41659210/17
FAX: 011- 41659204/14
5.6 The material is to transport through “Registered Common
Carrier” only (Registered Common Carrier mean the carrier
registered with a State Transport Authority or a Regional Transport
Authority).
6.0 Quality Assurance Plan: The detailed Quality Assurance &
Testing
Requirements for Supply, insurance, transportation, erection
& commissioning of Screw Type Air Compressors two (02) Nos.
along with Air Receivers for Central O&M Workshop of NJHPS,
SJVN Ltd. Jhakri shall be as per Technical Specifications &
Scope as per technical specification & Scope Annexure-I
enclosed. The inspection & testing shall be carried out as per
Technical Specifications &scope enclosed.
6.1 Inspection: Inspection of Screw Type Air Compressors two
(02) Nos. along with Air Receivers” shall be carried out by the
authorized representative of SJVN at O&M, Store, NJHPS, SJVN
Ltd. Jhakri as per technical Specifications & scope.
7.0 Cost of Bidding The Bidder shall bear all costs associated
with the preparation and submission
of its bid, and the Owner will in no case be responsible or
liable for these costs, regardless of the conduct or outcome of the
bidding process.
8.0 The Bidder is expected to examine all instruction, forms,
terms, specifications,
and other information in the bidding documents. Failure to
furnish all information required by the bidding documents or
submission of a bid not substantially responsive to the bidding
documents in every respect will be at the Bidder's risk and may
result in rejection of its bid.
9.0 Amendment of Bidding Documents 9.1 At any time prior to the
deadline for submission of bids, the Owner may, for any
reason, whether at its own initiative, or in response to a
clarification requested by a prospective Bidder, amend the bidding
documents.
9.2 The amendment will be notified in writing or by cable or
through website (on
www.sjvn.nic.in, www.eprocure.gov.in and
https://sjvn.abcprocure.com) to all prospective Bidders that have
received the bidding documents and will be binding on them. Bidders
are required to immediately acknowledge receipt of any such
amendment, and it will be assumed that the information contained
therein has been taken into account by the Bidder in its bid.
9.3 In order to afford prospective Bidders reasonable time in
which to take the
amendment into account in preparing their bid, the Owner may, at
its discretion, extend the deadline for the submission of bids.
9.4 After publishing of NIT in Newspapers and websites, any
amendment(s)/
corrigendum(s) of the NIT and Tender Documents shall be
published on websites of SJVN, except the extension of date of the
bid submission and / or modification in qualification criteria
shall be informed through press and on SJVN websites. The bidders
who have not informed us about the download would be required to
regularly visit our website for updating themselves about any
amendments which may arise from time to time. It will be assumed
that all the information contained/updated in the website has been
taken into account by the Bidder in its bid.
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ITB- {PPR-1670(O&M)/2018 Page 7 of 18
Registered &
Corporate
Office
SJVN Corporate Office Complex, Shanan,
Shimla-171006 (H.P.)
Liaison/Co-
ordination Office
SJVN, IRCON Building, Ground Floor, Saket New
Delhi. PIN-110017, TELE: 011- 41659210/17
FAX: 011- 41659204/14
10.0 Language of Bid The bid prepared by the Bidder and all
correspondence and documents related
to the bid exchanged by the Bidder and the Owner shall be
written in English language. Any printed literature furnished by
the bidder may also be written in English language.
11.0 Cost of Bid Document and Earnest Money deposit {EMD/ Bid
Security
(FDR/TDR)}(ONLINE) 11.1 The cost for purchase of bid document is
₹590/-(Rupees Five Hundred Ninety
Only) (Rs 500/- plus GST@ 18%)(Non- Refundable).
11.2 The bidder shall furnish, a bid security/ earnest money as
part of the bid amounting to ₹51,000/- (Rupees Fifty One Thousand
Only).
11.3 Micro or Small Enterprises (MSE)/NSIC/Start Up registered
firms are exempted from the submission of the “Tender Document
Cost” and “EMD” and must enclose (Upload scanned copy of the MSE/
NSIC/ Start Up certificate) for the same products as in NIQ above.
If the MSE/ NSIC/ Start Up certificate does not contain the
item/work as listed in our NIQ and no EMD & Tender Document
Cost is found enclosed, then SJVN may ask the bidder to submit the
EMD &Tender Document Cost and the same should reach within ten
(10) days from the date of SJVN’s notification by E-mail/Fax
Letter, otherwise the bid shall be considered as non-responsive and
price of such firms shall not be opened.
11.4 The “Cost of Bid Document” and “Earnest Money (EMD)” shall
be submitted using below mentioned facilities:-
a) Credit Card b) Debit Card c) Net Banking d) NEFT/RTGS
► Credit Card/Debit Card/Net Banking:
Bidder is required to add https://www.tpsl-india.in website in
Trusted Zone as suggested above.
Bidder needs to feed correct details while making the payment
through online payment gateway.
► NEFT/RTGS:
To make payment through NEFT/RTGS, bidders will get an auto
generated e-Mail which contains details of their Unique Bidder Code
and when and how to do RTGS/NEFT and details pertaining to it. This
information will also be available on screen under heading of
“NEFT/RTGS Instruction” once bidder gets login.
Once bidder deposit amount in Beneficiary account number
provided to them, while making payment for document fees and EMD by
RTGS/NEFT payment option at the document fees and EMD payment
screen, bidder shall be able to view the funds already remitted by
him/her through NEFT /RTGS as available. Please proceed to make the
payment. Upon doing so, the required amount to be paid through the
document fees and EMD, shall get appropriately deducted from the
available balance and payment shall be confirmed in real time.
-
ITB- {PPR-1670(O&M)/2018 Page 8 of 18
Registered &
Corporate
Office
SJVN Corporate Office Complex, Shanan,
Shimla-171006 (H.P.)
Liaison/Co-
ordination Office
SJVN, IRCON Building, Ground Floor, Saket New
Delhi. PIN-110017, TELE: 011- 41659210/17
FAX: 011- 41659204/14
This facility allows you to transfer lump sum amount to your
Bidder ID account number as mentioned above via RTGS / NEFT. Bidder
would be able to use the funds as and when require till the time
balance is available in Bidder ID. Also, Bidder can transfer more
amount as and when he/she require. Kindly note that the payment via
RTGS / NEFT is required to be made one working day in advance in
order to make it available in your Bidder ID. Hence please ensure
that Bidder remit funds at least one day in advance before he/she
would like to make the document fees and EMD payment through RTGS /
NEFT option on payment gateway.
Caution: Please ensure that you need to mention the correct
beneficiary account number and IFSC code as mentioned above while
making payment via RTGS / NEFT. In the event of funds remitted to
wrong beneficiary account number, SJVN Limited or its Bank or its
service provider would not responsible for the same.
The EMD submitted in the form of BG, DDs, local Cheque/
outstations Cheque will not be considered.
11.5 FDR/TDR: Please note that EMD (Earnest Money Deposit) / Bid
Security in the
form of FDR/TDR {Pledged in favour of the NJHPS, SJVN Ltd.
Jhakri} is also acceptable and the same in original/physical form
should reach preferably on or before bid closing date at the
address given below:
Deputy General Manager (Procurement & Contract Department),
NJHPS, SJVN Ltd. Jhakri, Distt. Shimla (H.P.)-172201
If EMD in the form of FDR/TDR does not reach in physical form
within seven (07) days after the bid closing date, the bid(s) shall
not be entertained and such bid(s) shall be treated as late
bid(s)/non-responsive bid(s).
Remarks: - The EMD submitted in the form of BG, DDs, local
Cheque/ outstations Cheque will not be considered.
11.6 The required details of the EMD/Bid security are to be
filled while submitting the
bid through e-tendering.
11.7 The bid securities of unsuccessful bidders will be returned
as promptly as possible, but not later than twenty-eight (28) days
after the expiration of the bid validity period.
11.8 The bid security of the successful bidder will be returned
when the bidder has furnished the required performance
security.
11.9 No interest shall be payable by the Owner on the above Bid
security.
11.10 The bid security may be forfeited
(a) if the Bidder withdraws its bid during the period of bid
validity specified by the Bidder in the Bid Form;
(b) if the Bidder does not accept the correction of its Bid
Price;
(c) if the Bidder does not withdraw any deviations listed in
Deviation Schedule at the cost of withdrawal indicated by him;
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ITB- {PPR-1670(O&M)/2018 Page 9 of 18
Registered &
Corporate
Office
SJVN Corporate Office Complex, Shanan,
Shimla-171006 (H.P.)
Liaison/Co-
ordination Office
SJVN, IRCON Building, Ground Floor, Saket New
Delhi. PIN-110017, TELE: 011- 41659210/17
FAX: 011- 41659204/14
(d) if the Bidder refuses to withdraw, without any cost to the
Owner, any deviation not listed in Deviation Schedule but found
elsewhere in the bid; or
(e) in the case of a successful Bidder, if the Bidder fails
within the specified time limit;
(i) To accept the Letter of Award or
(ii) To furnish the required performance security.
(iii) To start activities according to Work Completion
Schedule.
12.0 Deviations
Deviations, if any, from the terms and conditions of Bidding
Documents or Technical Specifications including drawings shall be
listed only in the online Deviation Schedule of the bid i.e.
Schedule-II “Online Schedule of Deviations”. The Bidder shall also
provide the additional price, if any, for withdrawal of the
deviations.
Bidder may further note that except for deviations listed in
online Deviation
Schedule, the bid shall be deemed to comply with all the
requirement in the bidding documents and the bidders shall be
required to comply with all such requirements of bidding documents
and technical specifications and drawings without any extra cost to
the Owner irrespective of any mention to the contrary, anywhere
else in the bid, failing which the bid security of the Bidder may
be forfeited.
The owner has complete right to evaluate the deviations without
prejudice. After evaluation, the deviations may or may not be
agreed by the owner. The bidder shall be intimated in writing
accordingly.
13.0 Completion Schedule 13.1 The basic consideration and the
essence of the Contract shall be the strict
adherence to the Work Completion Schedule as below.
13.2 SUPPLY PART: The maximum time for delivery of the entire
scope of Supply for Screw Type Air Compressors two (02) Nos. along
with Air Receivers at O&M, Store, NJHPS,SJVN Ltd. excluding
installation & commissioning is 90days from the date of issue
of LOI /LOA.
13.3 However, Bidder can also offer a shorter delivery period
which will also be
acceptable to SJVN Ltd. However, any bidder offering completion
period of more than 90 days will not be considered and his bid will
be rejected.
13.4 SERVICE PART: The manpower for Installation &
Commissioning and functional demonstration and training to SJVN
technician/operators as per TS 2.0(i) is to be deployed on mutually
agreed time schedule within 15 days from the date of intimation by
EIC (by e-mail/fax).
14.0 Price Adjustment Data
Not applicable being "FIRM" Price Contract
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ITB- {PPR-1670(O&M)/2018 Page 10 of 18
Registered &
Corporate
Office
SJVN Corporate Office Complex, Shanan,
Shimla-171006 (H.P.)
Liaison/Co-
ordination Office
SJVN, IRCON Building, Ground Floor, Saket New
Delhi. PIN-110017, TELE: 011- 41659210/17
FAX: 011- 41659204/14
15.0 Bid Prices
► Unless otherwise specified in the Technical Specifications,
Bidders shall quote for the entire supply on a "single
responsibility" basis such that the total bid price covers all the
supplier's obligations mentioned in or to be reasonably inferred
from the bidding documents.
► Bidders are required to quote the price for the commercial,
contractual and
technical obligations outlined in the bidding documents.
► Bidders shall give the required details and breakup of their
prices as per Schedules specified.
► The Prices quoted by the Bidder shall be FIRM during the
performance of the
contract and not subject to variation on any account. A bid
submitted with an adjustable price quotation will be treated as
non-responsive and rejected.
16.0 Bid Currencies Bidders shall quote all prices in Indian
Rupees only. 17.0 Period of Validity of Bid
► Bids shall remain valid for a period of 120 days after the
closing date prescribed by the Owner for the receipt of bids. A bid
valid for a shorter period shall be rejected by the Owner as being
non-responsive.
► In exceptional circumstances, the Owner may solicit the
Bidder's consent to
an extension of the bid validity period. The request and
responses thereto shall be made in writing or by cable/fax. If a
Bidder accepts to prolong the period of validity, the bid security
shall also be suitably extended. A Bidder may refuse the request
without forfeiting its bid security. A Bidder granting the request
will not be required nor permitted to modify its bid.
18.0 BID PROPOSAL SHEETS (BPS)
The Bidder shall furnish / complete all the appropriate
Schedules / data required as per the bidding documents.
19.0 FORMAT AND SIGNING OF BID
► Satisfactory evidence of authority of the person digitally
signing on behalf of the Bidder shall be furnished on non-judicial
stamp paper of an appropriate value in the form of a Power of
Attorney, duly notarized by a Notary Public, indicating that the
person(s) signing the bid have the authority to sign the bid and
that the bid is binding upon the Bidder during the full period of
its validity. This Power of Attorney must be sent along with and
EMD (i.e. FDR/TDR).
► The Bid must contain the name, residence and place of business
of the person or persons making the Bid and must be digitally
signed. The name of all persons signing should also be mentioned at
appropriate place.
► Bid by Corporation / Company must be digitally signed with the
legal name of the Corporation / Company by the President, Managing
Director, or by the
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ITB- {PPR-1670(O&M)/2018 Page 11 of 18
Registered &
Corporate
Office
SJVN Corporate Office Complex, Shanan,
Shimla-171006 (H.P.)
Liaison/Co-
ordination Office
SJVN, IRCON Building, Ground Floor, Saket New
Delhi. PIN-110017, TELE: 011- 41659210/17
FAX: 011- 41659204/14
Secretary or other person or persons authorized to bid on behalf
of such Corporation / Company in the matter.
► Bidder's name stated on the proposal shall be the exact legal
name of the
firm.
► All the requisite documents shall be scanned & uploaded
along with bid. The hard copy of the documents shall also be posted
as per details given in clause 32.0 so as to reach preferably on or
before the last date and time of submission of bid.
► If situation so warrants, SJVN LTD. /NJHPS may ask the bidders
to produce original documents which were submitted as scanned
copies along with bid for verification.
20.0 Submission of Bids
► The bids will be submitted electronically at designated places
in various schedules. The bid document except schedules-1,
schedule-2, schedule-3 & schedule-4 can be downloaded by the
bidder through https://sjvn.abcprocure.com only after registration
as explained above in clause 1.9. The bid is to be filled only in
the schedules available on the web. The schedules-1, 2, 3 & 4
cannot be downloaded as they are to be filled online; however Bid
Proposal Sheet is to be downloaded first and is to be uploaded
again after filling the same. The bid is called under two (02)
parts as under:-
A. Price Bid Part consist of:
(i) Schedule-1 (Page 1 of 1) -“Schedule of Prices & Taxes
and Duties” i.e. “for Screw Type Air Compressors two (02) Nos.
along with Air Receivers” {As per Technical Specification
Annexure-I & BOQ above ITB sr. no. 5.0(5.1)}.
Remarks: Above dynamic schedule is to be filled ONLINE ► The
prevailing rate of taxes & duties is to be clearly mentioned in
the
“Schedule of Prices and Taxes & Duties”. In case nothing is
mentioned or mentioned “NIL OR ZERO” then it shall be presumed that
the rates quoted are inclusive of taxes and duties or as else the
taxes & duties are not applicable. The taxes & duties shall
be paid as per applicable rate at the time of delivery/completion
Period. Any increase in taxes & duties /new introduction of new
taxes & duties/ levy by the Govt. shall be paid by SJVN Ltd.
provided that such increase in taxes & duties /new introduction
of new taxes & duties/ levy by the Govt. is made with in
schedule delivery period/completion schedule as per LOA, otherwise
same shall be paid by the bidders. The following may be considered
by the bidders:-
a. GST shall be applicable as per GST rules, thus GST has to be
quoted accordingly by the bidder.
b. Any other deduction like TDS (As per applicable rate in H.P.)
if applicable under this contract as per the Govt. laws shall be
made from the payment of the contractor and statement for the same
shall be provided by SJVN for the same.
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ITB- {PPR-1670(O&M)/2018 Page 12 of 18
Registered &
Corporate
Office
SJVN Corporate Office Complex, Shanan,
Shimla-171006 (H.P.)
Liaison/Co-
ordination Office
SJVN, IRCON Building, Ground Floor, Saket New
Delhi. PIN-110017, TELE: 011- 41659210/17
FAX: 011- 41659204/14
B. Techno-Commercial bid part consist of followings:
(i) Qualifying Requirements as per Minimum Qualification
Requirement (Sr. No.4 above).
(ii) All documents as required as per Technical Specifications,
copies of PAN No. and GST registration no. etc. and technical
literature/ technical details etc. as required as per the Technical
Specifications. Any other documents as required/ asked in the
tender are to be uploaded/ submitted along with the bid. These
scanned documents are to be uploaded along with the General
Documents.
(iii) Earnest Money Deposit / FDR /TDR (as per clause no.
11.0).
(iv) Power of attorney/ Affidavit of proprietorship (As per
Clause No.19.0.
(v) Undertaking form, duly signed by the bidder shall be
uploaded along with the bid, the details of which are as per clause
33.0.
(vi) Authorized dealership certificate from the proposed
manufacturer, if
bid is submitted by the authorized dealer of the
manufacturer.
(vii) Bank details duly authenticated by Bank/ Copy of cancelled
cheque.
Techno-commercial schedules:
(i) Schedule-2, Page 1 of 1 “Schedule of Deviations” {As per TS
Annexure-I}
(ii) Schedule-3, Page 1 of 1 “Schedule for General Information
and Bank Account Details”.
(iii) Schedule-4, Page 1 of 1 “Schedule of Guaranteed Technical
Particulars”{As per Technical Specification Annexure-I}
(iv) BPS (Bid Proposal Sheet) Remarks: BPS is to be filled in
Excel Sheet named BPS (Available with other bidding documents under
“Notice & Document TAB under DASHBORAD) which is to be
downloaded first & thereafter to be upload back after filling
the required details.
Remarks:- All above dynamic schedules are to be filled ONLINE.
The bidders have to fill all the required information in the above
schedule. SJVN reserves the right to ask additional information if
necessary after opening of the techno-commercial bid.
► The Techno-Commercial Bid part will be opened electronically
as per schedule time and date as indicated in the bid documents in
the O/o Deputy General Manager (P&C), SJVN Ltd., Jhakri, Distt.
Shimla (H.P.) – 172 201.
► The bidder not submitting the information/documents as per
Techno-
Commercial bid part as above shall be considered non-responsive
& their price bid shall not be opened.
► The Price Part will be opened electronically at same place
only for those bidders whose techno-commercial part is found to be
techno-commercially
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ITB- {PPR-1670(O&M)/2018 Page 13 of 18
Registered &
Corporate
Office
SJVN Corporate Office Complex, Shanan,
Shimla-171006 (H.P.)
Liaison/Co-
ordination Office
SJVN, IRCON Building, Ground Floor, Saket New
Delhi. PIN-110017, TELE: 011- 41659210/17
FAX: 011- 41659204/14
acceptable and only such bidders will be intimated subsequently
either telephonically or through Fax / e-mail about the time and
date of price bid opening.
► The Owner further, reserves the right to reject any Bid which
is not submitted according to the instructions stipulated
above.
21.0 Late Bids
No bid shall be received after last date and time of bid
submission.
22.0 Withdrawal of Bids
No bid may be withdrawn in the interval between the bid
submission deadline and the expiration of the bid validity period
specified in Bid documents. Withdrawal of a bid during this
interval may result in the Bidder's forfeiture of its bid security
/ EMD.
23.0 Bid Opening and Evaluation
► The Owner will open all bids electronically in the presence of
bidder's representatives who choose to attend the opening at the
time, on the date and at the place specified in the NIT / NIQ.
Bidder's representatives shall sign a register as proof of their
attendance. In the event of the specified date for the opening of
bids being declared a holiday for the Owner/there is any network
problem, the bids will be opened at the appointed time on the next
working day.
► No Mobile Phone will be permitted inside the bid opening room.
Therefore, bidders should deposit Mobile Phones with Security guard
at Reception.
► Bids will be evaluated on entire scope of work (for Screw Type
Air Compressors two (02) Nos. along with Air Receivers) including
Supply, insurance, transportation, erection & commissioning of
Screw Type Air Compressors two (02) Nos. along with Air Receivers
at site NJHPS, SJVN Ltd. Jhakri on single responsibility FOR Jhakri
basis inclusive of all taxes & duties. No price preference
shall be given to any firm for the price bid evaluations.
Accordingly , the Bids will be evaluated for the complete scope of
work on single responsibility basis considering the cost as
under:-
i. Total quoted Cost for the complete scope of work FOR Jhakri
including all taxes and duties.
ii. Erection, testing and commissioning charges including GST
etc.
iii. Cost of withdrawal of deviations mentioned in online
deviation schedule.
► No cost loading will be carried out on account of lower
delivery period. However, the bidder can offer lower delivery
period than the scheduled delivery period.
► Cost loading will be carried out for the deviations taken by
the bidder to determine the lowest evaluated Bid which will be
considered for acceptance.
► The items for which bidder does not quote his price i.e.
leaves the rate / amount column blank or simply puts a (-) mark or
(*) mark or indicates ‘NIL’ /
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ITB- {PPR-1670(O&M)/2018 Page 14 of 18
Registered &
Corporate
Office
SJVN Corporate Office Complex, Shanan,
Shimla-171006 (H.P.)
Liaison/Co-
ordination Office
SJVN, IRCON Building, Ground Floor, Saket New
Delhi. PIN-110017, TELE: 011- 41659210/17
FAX: 011- 41659204/14
‘NA’ or “ZERO (0)” as applicable, no cost shall be considered
for bid evaluation for these items, and for the purpose of award
the value of such item shall be deemed to have been included in
other quoted items. If the bidder does not agree to this
consideration, his bid will be rejected and the bid guarantee may
be forfeited.
24.0 Clarification of Bids
During bid evaluation, the Owner may, at its discretion, ask the
Bidder for a clarification of its bid. The request for
clarification and the response shall be in writing, and no change
in the price or substance of the bid shall be sought, offered or
permitted.
25.0 Correction of Errors (Applicable to extent possible)
The prices are to be filled in ONLINE DYNAMIC Schedules as
under:-
A. The bidder has to fill the Unit Rates in the FIGURES
only.
B. The entered UNIT RATES in figures shall be automatically
converted in to the words.
C. The above entered UNIT RATES in the figures shall be
multiplied with
quantity to calculate the TOTAL AMOUNT in figures & as well
as in words automatically.
D. After computation of the amounts as above, the values as
computed shall be
considered for evaluation as well as for award. If the bidder
does not accept the above consideration, his bid will be rejected
and the Bid Security / EMD may be forfeited.
E. The Owner's determination of a bid's responsiveness is to be
based on the
contents of the bid itself without recourse to extrinsic
evidence. If a bid is not substantially responsive, it will be
rejected by the Owner, and may not subsequently be made responsive
by the Bidder by correction of the non-conformity
26.0 Influencing the Owner
► No Bidder shall contact the Owner on any matter relating to
its bid, from the time of the opening of bids to the time the
contract is awarded.
► Any effort by a Bidder to influence the Owner in the Owner’s
bid evaluation, bid comparison or contract award decisions may
result in rejection of the Bidder’s bid.
27.0 Award of Contract
► The Owner will award the contract to the/those successful
Bidder/(s) whose bid has been determined to be substantially
responsive and to be the lowest evaluated bid for item(s), further
provided that the bidder is determined to be qualified to perform
the contract satisfactorily.
► The owner may request the Bidder to withdraw any of the
deviations listed in
Deviation Schedule of the winning bid, at the price shown for
the deviation in Deviation schedule. In case the Bidder does not
withdraw the deviations
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ITB- {PPR-1670(O&M)/2018 Page 15 of 18
Registered &
Corporate
Office
SJVN Corporate Office Complex, Shanan,
Shimla-171006 (H.P.)
Liaison/Co-
ordination Office
SJVN, IRCON Building, Ground Floor, Saket New
Delhi. PIN-110017, TELE: 011- 41659210/17
FAX: 011- 41659204/14
proposed by him, if any, at the cost of withdrawal stated in the
bid, his bid will be rejected and bid security forfeited.
► Bidders would be required to comply with all other requirement
of the Bidding Documents except for those deviations in Deviation
Schedule, which are accepted by the Owner, failing which the bid
security of the Bidder may be forfeited.
► The contract shall be awarded on the basis of lowest evaluated
on entire scope of supply including erection and commissioning
basis.
28.0 Owner's Right to Accept Any Bid and to Reject Any Bids
The Owner reserves the right to accept or reject any bid, and to
annul the bidding process and reject all bids at any time prior to
award of contract, without thereby incurring any liability to the
affected Bidder or bidders or any obligation to inform the affected
Bidder or bidders of the grounds for the Owner's action.
29.0 Notification of Award
► Prior to the expiration of the period of bid validity, the
Owner will notify the successful Bidder in writing by registered
letter or by cable, to be confirmed in writing by registered
letter, that its bid has been accepted. The notification of award
will constitute the formation of the contract. Until a formal
contract is signed, the Notification of Award shall constitute a
binding contract.
► Upon the successful Bidder's furnishing of the performance
security, the Owner will promptly notify each unsuccessful Bidder
and will discharge its bid security.
30.0 Corrupt or Fraudulent Practices
A. The Owner requires that Bidders to observe the highest
standard of ethics during the procurement and execution of the
Contract. For the purpose, the applicant shall sign the Integrity
Pact as per clause 31.0 of ITB. In pursuance of this policy, the
Owner:
(a) defines, for the purposes of this provision, the terms set
forth below as follows:
(i) "corrupt practice" means the offering, giving, receiving or
soliciting of any thing of value to influence the action of a
public official in the procurement process or in contract
execution; and
(ii) "fraudulent practice" means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Owner, and includes collusive
practice among Bidders (prior to or after bid submission) designed
to establish bid prices at artificial non-competitive levels and to
deprive the Owner of the benefits of free and open competition;
(b) will reject a proposal for award if it determines that the
Bidder recommended for award has engaged in corrupt or fraudulent
practices in competing for the contract in question;
(c) will declare a firm ineligible, either indefinitely or for a
stated period of time, to be awarded a contract if it at any time
determines that the firm
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ITB- {PPR-1670(O&M)/2018 Page 16 of 18
Registered &
Corporate
Office
SJVN Corporate Office Complex, Shanan,
Shimla-171006 (H.P.)
Liaison/Co-
ordination Office
SJVN, IRCON Building, Ground Floor, Saket New
Delhi. PIN-110017, TELE: 011- 41659210/17
FAX: 011- 41659204/14
has engaged in corrupt or fraudulent practices in competing for,
or in executing, a contract of the Owner.
B. Furthermore, Bidders shall be aware of the provision stated
in the "General Conditions of Contract".
31.0 Adoption of Integrity Pact:
In order to ensure transparency, equity and competitiveness in
its procurement, SJVN Ltd has decided to adopt Integrity Pact. The
Integrity Pact (IP) envisages an agreement between the prospective
Bidders/ Contractors and the buyer committing the persons /
officials of both the parties, not to exercise any corrupt
influence on any aspect of the contract.
Towards implementation of Integrity Pact, an MOU along with
Integrity Pact
Programme has already been signed between ‘SJVN Ltd’ and
‘Transparency International India’ (TII) on 05th January 2011.
The pact essentially envisages an agreement between the
prospective vendors / bidders and the buyer, committing the persons
/ officials of both sides, not to resort to any corrupt practices
in any aspect / stage of the contract. Only those vendors /
bidders, who commit themselves to such a Pact with the buyer, would
be considered competent to participate in the bidding process. In
other words, entering into this Pact would be a preliminary
qualification. The essential ingredients of the Pact include:
Promise on the part of the principal not to seek or accept any
benefit, which is not legally available.
Principal to treat all bidders with equity and reason.
Promise on the part of bidders not to offer any benefit to the
employees of the Principal not available legally.
Bidders not to enter into any undisclosed agreement or
understanding with other bidders with respect to prices,
specifications, certifications, subsidiary contracts, etc.
Bidders not to pass any information provided by Principal as
part of business relationship to others and not to commit any
offence under PC/IPC Act.
Bidders to disclose any transgressions with any other company
that may impinge on the anti-corruption principle
The Integrity Pact shall be applicable for transaction having
threshold value of Rs.
8 lac for procurement of Goods, Rs. 15 lac for procurement of
Service and 50 lac for procurement of Works. Further, the
Independent External Monitors (IEMs) would be monitoring the
bidding process and execution of contract and shall be responsible
for to oversee the implementation of Integrity Pact Program to
prevent corruption, bribery or any other unethical practices in
SJVN Ltd.
In order to deal with any grievance/dispute(s) and to oversee
implementation and effectiveness of the Integrity Pact programme
pertaining to this tender, Bidders/Contractors may refer the same
to Independent External Monitors (IEMs). Name and Address of the
Independent External Monitor (IEMs) is as under:
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ITB- {PPR-1670(O&M)/2018 Page 17 of 18
Registered &
Corporate
Office
SJVN Corporate Office Complex, Shanan,
Shimla-171006 (H.P.)
Liaison/Co-
ordination Office
SJVN, IRCON Building, Ground Floor, Saket New
Delhi. PIN-110017, TELE: 011- 41659210/17
FAX: 011- 41659204/14
1). Ms. Asha Swarup, IAS (Retd.) 2). Dr. Jai Pal Singh.
The contact Detail of IEMs is as under: Independent External
Monitor for SJVN, C/o Corporate Civil Contracts Department, Shakti
Sadan , 2nd Floor, SJVN Ltd., SJVN Corporate Office Complex,
Shanan, Shimla – 171006.
All pages of the Integrity pact to be signed between SJVN Ltd.
and the bidders / contractors on plain papers at the time of
submission of bid as per the approved format. Signed copy of the
Integrity Pact is to be included in the bid document while issuing
Tender Document / uploading the tender documents on the Portals.
The bidders submitting tender document (including downloaded) shall
sign the Integrity Pact in original on the signed / scanned
Integrity Pact. The duly signed Integrity Pact shall be uploaded
& submitted by the bidder along with the bid. Further following
may also be noted:-
(a) IP is deemed as part of the contract so that the parties
concerned are bound by its provisions.
(b) a person signing IP shall not approach the courts while
representing the matters to IEMs and he / she will await their
decision in the matter.
(c) In case of sub-contracting, the principal contractor shall
take the responsibility of
the adoption of IP by the sub-contractor.
Failure to sign the integrity pact by applicant shall be liable
to outright rejection of application / bid. The successful bidder
(Contractor) shall submit duly executed Integrity Pact on
Non-judicial Stamp Paper of Rs 100/- within 15 days from the date
of issue of Purchase Order for Supply.
32.0 Submission of documents by post:
► The following documents in hard copy/original form sealed in
envelop super scribed as “PPR-1670(O&M)/2018 Supply, insurance,
transportation, erection & commissioning of Screw Type Air
Compressors two (02) Nos. along with Air Receivers for Central
O&M Workshop of NJHPS, SJVN Ltd. Jhakri” are to be sent through
post :-
(i) Earnest Money Deposit (FDR/TDR)(In original) as per clause
no. 11.0 (ii) Power of attorney/ Affidavit of proprietorship (As
per Clause No.19.0).
Remarks: The hard copy of the Price & Techno-commercial
Schedules is not required.
► These scanned copies of above documents are to be uploaded on
the web must reach preferably before closing date and time as per
the bidding document i.e. on or before 23.02.2018 13:00 HRS.
► Any documents as asked or required are to be sent to the
following address:-
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ITB- {PPR-1670(O&M)/2018 Page 18 of 18
Registered &
Corporate
Office
SJVN Corporate Office Complex, Shanan,
Shimla-171006 (H.P.)
Liaison/Co-
ordination Office
SJVN, IRCON Building, Ground Floor, Saket New
Delhi. PIN-110017, TELE: 011- 41659210/17
FAX: 011- 41659204/14
Deputy General Manager (DGM), Procurement and Contract
Department, NJHPS, SJVN Ltd., Jhakri, Distt. Shimla
(H.P.)-172201.
Phone No. 01782-275236. Fax No. 01782-234049/ 275459.
Remarks: The scanned copy (ies) of the document(s) asked as
above are to be uploaded on web and should reach in
original/physical form at above address preferably on or before bid
closing date as specified in the tender. However, the original
document(s) in physical shall also be acceptable within 07 days
after bid closing date, otherwise bid(s) shall not be entertained
and such bid(s) shall be treated as late bid(s)/non-responsive
bid(s). Also if the original document(s) in physical form are found
to be at variance than the scanned copies submitted/uploaded
earlier along with e-bids, the bid(s) will be treated as
non-responsive.
33.0 Undertaking:
33.1 We have read carefully all the bidding documents and agreed
to the conditions except for deviation taken clause wise in
deviation schedule.
33.2 We have not changed the contents of the bidding
documents.
33.3 Scanned copy of documents uploaded along with the bid is
true to the best of our knowledge.
33.4 We have understood the requirement of Technical
Specifications & Scope Annexure-I and these shall be complied
completely.
-
GCC- {PPR-1670(O&M)/2018 Supply, insurance, transportation,
erection & commissioning of Screw Type Air Compressors two (02)
Nos. along with Air Receivers
Registered & Corporate
Office
SJVN Corporate Office Complex, Shanan, Shimla-171006 (H.P.)
Liaison/Co-ordination Office
SJVN, IRCON Building, Ground Floor, Saket New Delhi. PIN-110017,
TELE: 011- 41659210/17
FAX: 011- 41659204/14
Page 1 of 10
GENERAL CONDITIONS OF CONTRACT (GCC)
1.0 Definitions
In this Contract, the following terms shall be interpreted as
indicated:
(a) "The Contract" means the Contract Agreement entered between
the Owner and the Contractor, as recorded in the Contract Form
signed by the parties, including all attachments and appendices
thereto and all documents incorporated by reference therein.
(b) "The Contract Price" means the price payable to the
Contractor under the Contract for the full and proper performance
of its contractual obligations.
(c) "The Services" means all those services necessary for the
Supply, insurance, transportation, erection & commissioning of
Screw Type Air Compressors two (02) Nos. along with Air Receivers
as per technical specification & scope at site NJHPS, SJVN Ltd.
Jhakri and other such obligations of the Contractor covered under
the Contract.
(d) "The Owner" means the SJVN Limited.
(e) "The Contractor" means the individual or firm Supply,
insurance, transportation, erection & commissioning of Screw
Type Air Compressors two (02) Nos. along with Air Receivers as per
technical specification & scope at site NJHPS, SJVN Ltd. Jhakri
under this Contract.
(f) "Corrupt Practice" means the offering, giving, receiving or
soliciting of any thing of value to influence the action of a
public official in the procurement process or in contract
execution.
(g) "Fraudulent Practice" means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Owner and includes collusive
practice among Bidders (prior to or after Bid submission) designed
to establish bid prices at artificial non-competitive levels and to
deprive the Owner of the benefits of free and open
competition".
2.0 CONTRACT PERFORMANCE SECURITY
2.1 Within Thirty (30) days of receipt of the notification of
Contract award i.e. from the date of issue of LOA, the successful
Bidder shall furnish to the Owner, an unconditional performance
security for ten percent (10%) of the Contract Price with validity
up to 60 days after the Guarantee/Warranty Period (Refer Clause
5.0).
2.2 The proceeds of the performance security shall be payable to
the Owner as compensation for any loss resulting from the
Contractor's failure to complete its obligations under the
Contract.
2.3 The performance security shall be denominated in the
currency of the Contract and shall be in the form of Bank Guarantee
(As per format enclosed) issued preferably by a nationalized bank/
scheduled bank as per RBI guidelines(As
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GCC- {PPR-1670(O&M)/2018 Supply, insurance, transportation,
erection & commissioning of Screw Type Air Compressors two (02)
Nos. along with Air Receivers
Registered & Corporate
Office
SJVN Corporate Office Complex, Shanan, Shimla-171006 (H.P.)
Liaison/Co-ordination Office
SJVN, IRCON Building, Ground Floor, Saket New Delhi. PIN-110017,
TELE: 011- 41659210/17
FAX: 011- 41659204/14
Page 2 of 10
per the list enclosed) , acceptable to the Owner or in the form
of FDR or TDR etc.
2.4 The performance security will be discharged by the Owner and
returned to the
Contractor not later than sixty (60) days after expiry of
guarantee/warranty period of all the material /works under the
scope of the contract.
2.5 The interest @ 15.50 % shall be charged on delay period for
breach in timely submission of CPG/ initial security deposit
without prejudice to right of SJVN to other remedies available
under the contract.
2.6 The MSE/ NSIC firms are not exempted from the submission of
the Contract Performance Security.
3.0 PACKING:
3.1 The bidder shall provide such packing to the goods as is
required to prevent damage or deterioration during transit to their
final destination & storage, as indicated in the contract. The
packing shall be sufficient to withstand, without limitation, rough
handling during transit and precipitation during transit and open
storage. Packing case size and weights shall take into
consideration, the remoteness of the Goods’ final destination, the
existing road condition and the absence of heavy handling
facilities at all points in transit and project storage site.
4.0 INSURANCE 4.1 The goods to be supplied and work to be
completed under the scope of
the work shall be insured for all risks by the contractor for
transit insurance till the completion of work and handing over the
system to SJVN. The Contractor shall at his expense take out and
maintain in effect, or cause to be taken out and maintain in
effect, during the performance of the Contract, the insurance set
forth below in sums and other conditions specified.
Sl. No.
Insurance Amount insured Conditions
A. All risk Insurance for material to be supplied & services
to be completed
1. 110% of FOR and inland transportation value
+ 2. 110% of the services
value +
3. All taxes & duties including entry tax
1) Owner to be named as co-insured
2) Warehouse to warehouse basis
3) Open policy/Separate Policy 4) All risk insurance, SRCC
(Strikes, Riots, Civil Commotion), terrorism etc.
Note: (i) The owner shall be named as co-insured under all
insurance policies taken out
by the contractor except for Third Party Liability and Workman’s
Compensation / Employee’s Liability Insurances.
(ii) Notwithstanding the insurance requirements mentioned above,
it would be the
Contractor’s responsibility to take adequate insurance cover as
may be pertinent to protect his interest and interest of the
Owner.
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GCC- {PPR-1670(O&M)/2018 Supply, insurance, transportation,
erection & commissioning of Screw Type Air Compressors two (02)
Nos. along with Air Receivers
Registered & Corporate
Office
SJVN Corporate Office Complex, Shanan, Shimla-171006 (H.P.)
Liaison/Co-ordination Office
SJVN, IRCON Building, Ground Floor, Saket New Delhi. PIN-110017,
TELE: 011- 41659210/17
FAX: 011- 41659204/14
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(iii) The Contractor shall follow law of the land as may be
prevalent from time to time for insurance.
(iv) The insurance policy, if required to be extended as per the
direction of SJVN
& charges for the same shall be reimbursed at actual against
documentary proof.
4.2 It will be the responsibility of the supplier/contractor to
lodge, pursue and settle
all claims with the insurance company in case of any damage,
loss, theft, pilferage of fire during execution of the contract and
purchaser shall be kept informed about it. The supplier/contractor
shall replace the last/damaged materials promptly irrespective of
the settlement of the claims by the underwriters. The losses, if
any, in such replacement will have to be borne by the
supplier/contractor.
4.3 Any loss or damage to the plant and equipment or person
during handling transportation, storage, repairing, and all
activities, and any accident or death of persons due to negligence
on the part of the contractor shall be to the bidder’s account for
all risks. The successful Bidder shall be responsible for
preferring of all claims and make good the damages or loss by way
of repairs and/ or replacement of plant and equipment damaged or
lost. Notwithstanding the extent of insurance cover and the amount
of claim available from the underwriter, the successful bidder
shall be liable to make good the full replacement/rectification of
all the equipment and material and to ensure their availability as
per the project requirement/ without additional financial liability
to SJVN.
4.4 In addition to above contractor shall insure his all man and
machinery etc. against any mishap / accident. Contractor shall
submit the insurance policy to this effect to the EIC of the work.
SJVN shall bear no responsibility and financial liability for any
mishap/accident for contractor man power / machinery.
5.0 GUARANTEE/WARRANTY
5.1 The Guarantee/Warranty period for the Screw Type Air
Compressors two (02) Nos. along with Air Receivers shall be 12
months from the date of commissioning or 18 months from the date of
supply whichever is earlier. In case of any problem within the
guarantee/warranty period due to poor quality of material, poor
workmanship etc. the same will be replaced or rectified free of
cost at SJVN project site, as necessary during the stipulated
period in the contract or on the direction of EIC.
6.0 FORCE MAJEURE
6.1 The firm shall not be liable for loss or damage to SJVN
resulting from any delays or failure to make shipment to Jhakri
site within schedule time for all or any part of the item due to
the act of God, war declared or undeclared, acts of public enemy,
riots, civil commotion, invasion, insurrection, sabotage, acts of
restraint of Government, federal, state or municipal action or
regulation, fire, flood, hurricanes, accidents, epidemic,
quarantine, restrictions, or any failure on the part of the Owner
or his representative to approve or comments on drawings or other
causes, contingencies or circumstances not subject to their
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GCC- {PPR-1670(O&M)/2018 Supply, insurance, transportation,
erection & commissioning of Screw Type Air Compressors two (02)
Nos. along with Air Receivers
Registered & Corporate
Office
SJVN Corporate Office Complex, Shanan, Shimla-171006 (H.P.)
Liaison/Co-ordination Office
SJVN, IRCON Building, Ground Floor, Saket New Delhi. PIN-110017,
TELE: 011- 41659210/17
FAX: 011- 41659204/14
Page 4 of 10
control, whether of a similar or dissimilar nature which
prevents the Contractor from completion of work. Any such cause or
delays even though not existing on the date of the contract on or
the date of start of reclaiming shall extend the time of
performance automatically by length of delays occasioned thereby,
including delay reasonably incidental to the resumption of normal
reclamation work even though such case may occur after performance
of firm’s obligation has been delayed for the other causes.
6.2 If a Force Majeure situation arises, the Contractor shall
promptly notify the
Owner in writing of such condition and the cause thereof. Unless
otherwise directed by the Owner in writing, the Contractor shall
continue to perform its obligations under the Contract as far as is
reasonably practical, and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event.
7.0 PAYMENT TERMS
7.1 FOR SUPPLY PART: Ninety percent (90%) Payment of Material
Part {as per
BOQ sr. no. 5.1 (i.e. item sr. no. 1 to 3 of ITB} including
(100%) taxes and duties shall be made within 30 days after supply
of the complete material at Site, NJHPS,SJVN Ltd. Jhakri and on
submission of the following documents in bound folder to the
consignee for the release of payment:-
i. Invoices in Triplicate. ii. Copy of Unconditional acceptance
of Letter of Award with 1st bill only.
iii. Copy of GST registration no. iv. Copy Contract Performance
Security with 1st bill only. v. Guarantee/Warranty Certificate.
vi. Insurance Policy as per sr. no. 4.0(A) above. vii. Test
Certificates & other documents as per Technical specification
&
scope Annexure-I. viii. Inspection Report: The inspection of
material shall be carried out by EIC
or his authorized representative after the receipt of the
complete material at O&M, Stores/Site at Jhakri. The EIC shall
submit the final inspection Report.
ix. Copy of Integrity Pact as per ITB clause no. 31.0.
7.2 FOR SUPPLY PART: Balance ten percent (10%) of the material
cost {as per BOQ sr. no. 5.1 (i.e. item sr. no. 1 to 3) of ITB}
shall be made within 30 days after completion of the entire scope
of works under the contract & on submission of following
documents to consignee:-
i. Bills in triplicate. ii. Copy of certificate issued by EIC
for successfully completion the entire
scope of work.
7.3 FOR SERVICES: Hundred percent (100%) Payment including
(100%) GST for services part i.e. Charges for “installation,
testing and commissioning and successful functional demonstration
and training to SJVN technician/operator” of Screw Type Air
Compressors two (02) Nos. along with Air Receivers” at site
NJHPS,SJVN Ltd. Jhakri will be made within 30 days after completion
of the
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GCC- {PPR-1670(O&M)/2018 Supply, insurance, transportation,
erection & commissioning of Screw Type Air Compressors two (02)
Nos. along with Air Receivers
Registered & Corporate
Office
SJVN Corporate Office Complex, Shanan, Shimla-171006 (H.P.)
Liaison/Co-ordination Office
SJVN, IRCON Building, Ground Floor, Saket New Delhi. PIN-110017,
TELE: 011- 41659210/17
FAX: 011- 41659204/14
Page 5 of 10
entire scope of works and on submission of followings documents
to consignee for release of payment:-
iii. Bills in triplicate. iv. Photocopy of PAN Card. v.
Photocopy of GST Registration No.
vi. Copy of certificate issued by EIC for successfully
Installation, Testing and commissioning and demonstration of Screw
Type Air Compressors two (02) Nos. along with Air Receivers by the
bidder at site NJHPS, SJVN Ltd. Jhakri”.
7.4 In order to comply with necessary formalities under GST
while making payments, computation tax, invoicing, filling of
returns etc. under Notification No 10/2017, Chapter VI,46 tax
invoice’ invoice for goods and services to contain following
particulars namely:-
a) Name, Address & GSTIN of the Supplier b) Specific Invoice
Number format c) Name and address of recipient d) Address of
Delivery e) HSN code of goods and SAC for Services f) Description
and quantity of goods/services g) Value of goods h) Rate and amount
of tax i) Other prescribed information Name, Address & Contact
Details (Tel. no. etc.)
of the Service Provider.
7.5 The payment shall be released through electronic fund
transfer and hence you are requested to give your bank account
detail along with IFSC/RTGS code of your bank branch. The required
detail is to be filled in “Schedule-3, General Information and Bank
Account Details”. Bank charges if any, shall be borne by you. The
details to be submitted in the schedule as enclosed.
7.6 As per SJVN LTD. policy, no advance payment can be
given.
7.7 All the payments for the supplies and/or services (as
applicable) rendered by MSEs (Micro & Small Enterprises)
supplier/contractor under the contract shall be released within
forty five (45) days from the day of acceptance.
Day of acceptance means day of actual delivery of goods or the
rendering of services; or where any objection is made in writing by
SJVN regarding acceptance of goods or services within fifteen days
from the date of delivery of goods or the rendering of services,
the day on which such objection is removed by the
contractor/supplier.
7.8 In case payments are not released as mentioned above, SJVN
shall pay the principal amount plus compound interest with monthly
rests from the date immediately following the date agreed upon @
three times of bank rates as notified by Reserve Bank of India time
to time.
7.9 All the payments for the supplier and/or services (as
applicable) rendered by non-MSEs (Non- Micro & Small
Enterprises) supplier/ contractor under the contract shall be
released within forty five (45) days from the receipt of
invoices/bills from the contractor/ supplier complete in all
respects.
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GCC- {PPR-1670(O&M)/2018 Supply, insurance, transportation,
erection & commissioning of Screw Type Air Compressors two (02)
Nos. along with Air Receivers
Registered & Corporate
Office
SJVN Corporate Office Complex, Shanan, Shimla-171006 (H.P.)
Liaison/Co-ordination Office
SJVN, IRCON Building, Ground Floor, Saket New Delhi. PIN-110017,
TELE: 011- 41659210/17
FAX: 011- 41659204/14
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7.10 In case payments are not released as mentioned above, SJVN
shall pay the principal amount plus simple interest from the date
immediately following the date agreed upon @ 8% p.a.
8.0 COMPLETION SCHEDULE
8.1 The basic consideration and the essence of the Contract
shall be the strict adherence to the Work Completion Schedule as
below.
8.2 SUPPLY PART: The maximum time for delivery of the entire
scope of Supply for Screw Type Air Compressors two (02) Nos. along
with Air Receivers at O&M, Store, NJHPS,SJVN Ltd. excluding
installation & commissioning is 90days from the date of issue
of LOI /LOA.
8.3 However, Bidder can also offer a shorter delivery period
which will also be
acceptable to SJVN Ltd. However, any bidder offering completion
period of more than 90 days will not be considered and his bid will
be rejected.
8.4 SERVICE PART: The manpower for Installation &
Commissioning and functional demonstration and training to SJVN
technician/operators as per TS 2.0(i) is to be deployed on mutually
agreed time schedule within 15days from the date of intimation by
EIC (by e-mail/fax).
9.0 LIQUIDATED DAMAGES
9.1 If the contractor fails to complete the delivery of material
{i.e. Supply of Screw Type Air Compressors two (02) Nos. along with
Air Receivers as per technical specification & scope of work to
SJVN Ltd. as per BOQ 5.1{i.e. sr. no. 1,2&3} of ITB excluding
installation, testing & commissioning and functional
demonstration of the supplied material at site Jhakri} within
the completion schedule period(s) specified in the Contract, the
Owner shall, without prejudice to its other remedies under the
Contract, deduct from the Contract Price, as Liquidated Damages, as
specified here in below
9.2 The Liquidated Damage for delay in supply of material,
beyond the maximum completion schedule as stipulated at clause
8.0(8.2) above shall be @ ½% (Half percent) per week or part
thereof on the total contract price for Supply Part Only (without
services part cost). The total amount of Liquidated Damages for
delay under the Contract will be subject to a maximum of five
percent (5%) of the total Contract price of Supply Part only
without services part cost.
9.3 Amount of Liquidated Damage shall be payable by the
Supplier/Contractor whenever demanded by the Owner and / or Owner
can recover the amount of liquidated Damages (to the extent
leviable at any time) from the amount payable to the Supplier
available with Owner under this Contract.
9.4 Contractor’s obligations and the Owner’s remedies in respect
of delay are
solely and exclusively as stated in this Liquidated Damages
clause subject to provisions of Clause 10.0 and consequence
thereof.
10.0 TERMINATION OF CONTRACT ON CONTRACTOR'S DEFAULT
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GCC- {PPR-1670(O&M)/2018 Supply, insurance, transportation,
erection & commissioning of Screw Type Air Compressors two (02)
Nos. along with Air Receivers
Registered & Corporate
Office
SJVN Corporate Office Complex, Shanan, Shimla-171006 (H.P.)
Liaison/Co-ordination Office
SJVN, IRCON Building, Ground Floor, Saket New Delhi. PIN-110017,
TELE: 011- 41659210/17
FAX: 011- 41659204/14
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10.1 The Owner, without prejudice to any other remedy for breach
of Contract, by written notice of default sent to the Contractor,
may terminate this Contract in whole or in part:
a) if the Contractor fails to complete any part of all the work
or all of the Goods
within the period(s) specified in the Contract, or within any
extension thereof granted by the Owner.
b) if the Contractor fails to perform any other obligation(s)
under the Contract.
c) If the Contractor, in the judgment of the Owner has engaged
in corrupt or
fraudulent practices in competing for or in executing the
Contract.
10.2 In the event the Owner terminates the Contract in whole or
in part, the Owner may procure / get repaired, upon such terms and
in such manner as it deems appropriate, Goods or Services similar
to those undelivered / un-repaired, and the Contractor shall be
liable to the Owner for any excess costs for such similar Goods or
Services. However, the Contractor shall continue performance of the
Contract to the extent not terminated.
11.0 TERMINATION FOR INSOLVENCY The Owner may at any time
terminate the Contract by giving written notice to
the Contractor if the Contractor becomes bankrupt or otherwise
insolvent. In this event, termination will be without compensation
to the Contractor, provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Owner.
12.0 TERMINATION OF CONTRACT ON OWNER'S INITIATIVE 12.1 The
Owner reserves the right to terminate the Contract either in part
or in full
due to reasons other than those mentioned under clause entitled
"Contractor's Default" and "Outbreak of War". The Owner shall in
such an event give seven (7) days notice in writing to the
Contractor of his decision to do so.
12.2 The Contractor upon receipt of such notice shall
discontinue the work on the
date and to the extent specified in the notice, make all
reasonable efforts to obtain cancellation of all orders and
contracts to the Owner, stop all further sub-contracting or
purchasing activity related to the work terminated, and assist the
Owner in storage, maintenance, protection, and disposition of the
works acquired under the contract by the Owner.
12.3 In the event of such a termination, the Contractor shall be
paid equitable and
reasonable compensation, as dictated by the circumstances
prevalent at the time of termination.
13.0 SETTLEMENT OF DISPUTES 13.1 Any dispute(s) or difference(s)
arising out of or in connection with the Contract
shall, to the extent possible in the first instance be resolved
amicably between the Contractor and the Owner’s Engineer.
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GCC- {PPR-1670(O&M)/2018 Supply, insurance, transportation,
erection & commissioning of Screw Type Air Compressors two (02)
Nos. along with Air Receivers
Registered & Corporate
Office
SJVN Corporate Office Complex, Shanan, Shimla-171006 (H.P.)
Liaison/Co-ordination Office
SJVN, IRCON Building, Ground Floor, Saket New Delhi. PIN-110017,
TELE: 011- 41659210/17
FAX: 011- 41659204/14
Page 8 of 10
13.2 If any dispute or difference of any kind whatsoever shall
arise between the Owner and the Contractor, arising out of the
Contract for the performance of the Works whether during the
progress of the Works or after its completion or whether before or
after the termination, abandonment or breach of the Contract, it
shall, in the first place, be referred to and settled by the
Engineer, who within a period of ten (10 ) days after being
requested by either party to do so, shall give written notice of
his decision to the Owner and the Contractor.
13.3 Save as hereinafter provided, such decision in respect of
every matter so
referred shall be final and binding upon the parties until the
completion of the entire work under the Contract and shall
forthwith be given effect to by the Contractor who shall comply
with all such decisions, with all due diligence, whether he or the
Owner requires arbitration as hereinafter provided or not.
13.4 If after the Engineer has given written notice of his
decision to the parties, no
claim to arbitration has been communicated to him by either
party within ten (10) days from the receipt of such notice, the
said decision shall become final and binding on the parties.
13.5 In the event of the Engineer failing to notify his decision
within ten (10) days
after being requested as aforesaid or in the event of either the
Owner or the Contractor being dissatisfied with any such decision,
or within ten (10) days after the expiry of the first mentioned
period of ten (10) days, as the case may be, either party may
require, by written notice to the other party, that the matters in
dispute be referred to arbitration as hereinafter provided.
14.0 ARBITRATION(WITH Pvt. Party) 14.1 All disputes or
differences in respect of which the decision, if any, of the
Engineer has not become final or binding as aforesaid shall be
settled by arbitration in the manner hereinafter provided.
14.2 In the event of the Contractor, that is to say a citizen
and/or a permanent
resident of India, a firm or a company duly registered or
incorporated in India, the arbitration shall be conducted by three
arbitrators, one each to be nominated by the contractor and the
Owner and the third to be named by the President of Institution of
Engineers, India. If either of the parties fails to appoint its
arbitrator within thirty (30) days after receipt of a notice from
the other party invoking the arbitration clause, the President of
the Institution of Engineers, India shall have the power at the
request of either of the parties, to appoint the arbitrators. A
certified copy of the said President making such an appointment
shall be furnished to both the parties.
14.3 The arbitration shall be conducted in accordance with the
provisions of the
Arbitration & Conciliation Act, 1996 or any statutory
modification thereof. 14.4 Arbitration(s) shall give reasoned
award. 14.5 The decision of the majority of the arbitrators shall
be final and binding upon
the parties. The expenses of the arbitration shall be paid as
may be determined by the arbitrators. The arbitrators may, from
time to time with the consent of all the parties enlarge the time
for making the award. In the event of any of the
-
GCC- {PPR-1670(O&M)/2018 Supply, insurance, transportation,
erection & commissioning of Screw Type Air Compressors two (02)
Nos. along with Air Receivers
Registered & Corporate
Office
SJVN Corporate Office Complex, Shanan, Shimla-171006 (H.P.)
Liaison/Co-ordination Office
SJVN, IRCON Building, Ground Floor, Saket New Delhi. PIN-110017,
TELE: 011- 41659210/17
FAX: 011- 41659204/14
Page 9 of 10
aforesaid arbitrators dying, neglecting, resigning of being
unable to act for any reason, it will be lawful for the party
concerned to nominate another arbitrator in place of the outgoing
arbitrator.
14.6 The arbitrator shall have full powers to review and/or
revise any decision, opinion, directions certification or valuation
of the Engineer in consonance with the contract.
15.0 ARBITRATION(WITH CPSEs) 15.1 All disputes or differences in
respect of which the decision, if any, of the
Engineer has not become final or binding as aforesaid shall be
settled by arbitration in the manner hereinafter provided.
15.2 The arbitration procedure shall be as per the guidelines
issued by DPE (department of Public Enterprise).
15.3 Also refer the attached Annexure as under:-
In exercise of the Powers conferred by Article……….of the
Articles of Association of the (name of the CPSE/Bank/Port Trust
etc.)/ Section……..of the……Act of setting up of the (name of the
CPSE/Bank/Port Trust etc.). The President of India is pleased to
direct that all disputes relating to all commercial agreements
(except income tax, customs, excise duty and also concerning
Railways) between (name of Company/Corporation/Bank/Port Trust) and
(name of another Public Sector Undertaking/ Government
Department/Bank/Port/Trust etc.) shall be referred to the Permanent
Machinery of Arbitrators (PMA) set up in the Department of Public
Enterprises. The President is further pleased to direct that the
following Arbitration Clause shall be included in all current and
future contracts/agreements etc. and that in respect of ongoing
contracts they should be suitably amended to include such a
clause:
“In the event of any dispute or difference relating to the
interpretation and application of the provisions of the contracts,
such dispute or difference shall be referred by either party for
Arbitration to the sole Arbitrator in the Department of Public
Enterprises to be nominated by the Secretary to the Government of
India in-charge of the Department of Public Enterprises. The
Arbitration and Conciliation Act, 1996 shall not be applicable to
Arbitration under this clause. The Award of Arbitrator shall be
binding upon the parties to the dispute, provided, however, any
party aggrieved by such award may make a further reference for
setting aside or revision of the award to the Law Secretary,
Department of Legal Affairs, Ministry of Law & Justice,
Government of India. Upon such reference the dispute shall be
decided by the Law Secretary or the Special Secretary/Additional
Secretary, when so authorized by the Law Secretary, whose decision
shall bind the Parties finally and conclusively. The Parties to the
dispute will share equally the cost of arbitration as intimated by
the Arbitrator”
16.0 LIMITATION OF LIABILITY
Except in cases of criminal negligence or willful
misconduct,
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GCC- {PPR-16