DVC Tender PDF

NIT No.
DVC/Tender/Head Quarter/IT CELL/CMM/Works

M/Works and Service/00022 Dt. 10
10.02.2020.
दामोदर घाटी िनगम

DAMODAR VALLEY CORPORATION
सिं वदा और साम ी िवभाग
CONTRACT & MATERIALS DEPARTMENT
डीवीसी टावस,
टावस तृतीय तल, वीआइपी रोड, कोलकाता-७०००५४
७०००५४
DVC TOWERS, 3RD FLOOR, VIP ROAD, KOLKATA – 700 054
टे ली फ़ै स न० - ०३३-२३५५-२९३६
Tele - Fax No.- 033-2355-2936.
e-Procurement
TENDER SPECIFICATION
NIT No. & Date : DVC/Tender/Head Quarter/IT CELL/CMM/Works and
Service/00022 Dated 10.02.2020.
Brief Tender Description : Hiring of Internet Leased Line of 100 Mbps at DVC Towers,
Kolkata including installation, commissioning &
maintenance for 5 years.
Tender downloading / Bid From 18:00 Hrs. of 10.02.2020

uploading period :
Up to 12:00 Hrs. of 12.03.2020.
Opening Date & Time of 13.03.2020 at 12.00 Hrs.

Techno-Commercial bids
The tender will be processed in on-line

on line mode through Government
e-Procurement
Procurement System of NIC (GePNIC) under Central Public Procurement
Portal (CPPP) [URL: https://etenders.gov.in/eprocure/app
https://etenders.gov.in/eprocure/app].
Page - 1 -of 52
NIT No. DVC/Tender/Head Quarter/IT CELL/CMM/Works and Service/00022 Dt. 10.02.2020.
NIT COMPRISES OF THE FOLLOWING DOCUMENTS:-
1. BID DOCUMENT:
I Notice Inviting Tender (NIT)
II Detailed Scope of Works
III Qualifying Requirement of the Bidders
IV General Information/Instruction to Bidders
V Rules for e-Reverse Auction
VI Special Terms & Conditions of Contract
VII General Conditions of Contract (GCC-2016)
VIII Check List
IX Proforma of Letter of Bid
X Proforma of Affidavit
XI Proforma of Power of Attorney
XII Mandate Form for Payment in Electronic Mode
XIII Certificate in respect of validity of Offer/Bid.
XIV Format for No-Relationship Certificate.
XV Format for Acceptance of Commercial Terms, General Terms and

Conditions and all other Terms of the NIT.
XVI Format for Contract Agreement
2. Techno-Commercial Parameter Sheet (in Excel Format).
3. Price Bid Schedule (BOQ) in Excel Format.
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1. BID DOCUMENT
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(I) Notice Inviting Tender (NIT)

Damodar Valley Corporation invites Electronic tenders (Single Stage-Two Parts) followed by
e-Reverse Auction for the under mentioned works to be executed by the successful bidder. The
tenders will be processed in on-line mode through Government e-Procurement System of NIC
(GePNIC) under Central Public Procurement Portal (CPPP) [URL:
https://etenders.gov.in/eprocure/app]
NIT No. & Date DVC/Tender/Head Quarter/IT CELL/CMM/Works

and Service/00022 Dated 10.02.2020.
Tendered Item Hiring of Internet Leased Line of 100 Mbps at

DVC Towers, Kolkata including installation,
commissioning & maintenance for 5 years.
Estimated cost: Rs. 31,70,129.00 (Rupees Thirty one Lakh

seventy thousand one Hundred twenty nine)
(Basic price only)
only excluding taxes & duties
From 18:00 Hrs. of 10.02.2020

Tender downloading period
Up to 12:00 Hrs. of 12.03.2020.
Date of Pre Bid Conference 27.02.2020 at 12.00 Hrs.
Last date & time for Bid submission Up to 12:00 Hrs. of 12.03.2020.
(uploading)
Opening Date & time for Techno- At 12:00 Hrs. of 13.03.2020.

Commercial Bids
Date & time of Opening of Price Bids At a date to be notified by DVC in due course.
On the same day of opening of Price Bids, this will

Date of e-Reverse bidding
be notified by DVC in due course.
Cost of Tender Documents in INR 2,000/- only (Non-refundable).
Earnest Money Deposit (EMD) in INR 63,403 /- (Rupees Sixty three Thousands four
hundred and three) only.
The details are available at Central Public Procurement Portal (CPPP) website
https://etenders.gov.in/eprocure/app and also at DVC Tender Information System
(http://tender.dvc.gov.in) under DVC Portal website (https://www.dvc.gov.in) for information
purpose only.
Bidders are requested to register themselves in Central Public Procurement Portal (CPPP)
website https://etenders.gov.in/eprocure/app for participating in Electronic Tenders.
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Any addendum/corrigendum/extension, if required, pertaining to this NIT will be hosted in Central

Public Procurement Portal (CPPP) website https://etenders.gov.in/eprocure/app and will also be
uploaded at DVC Tender Information System (http://tender.dvc.gov.in) under DVC Portal website
(https://www.dvc.gov.in) for information purpose only. As such, bidders are requested to visit the
CPPP website https://etenders.gov.in/eprocure/app and DVC Tender Information System website
(http://tender.dvc.gov.in) regularly for any addendum/corrigendum/extension till opening of the
tender.
NOTE:-
(1) If the due date of tender opening happens to be on holiday or any unforeseen situation
arrives e.g. local strike / bandh etc., then tender will be opened on the next working day.
(2)
1. In case of any difficulties faced regarding scope of work by the tenderer in submitting the
tender within specified date and time, following officer may be contacted:-
a) Sri Amit Kumar Singh, EE(E), IT Cell, 8th Floor, DVC Tower,Kolkata-700054. (e-mail:
amit.singh@dvc.gov.in), Mobile No. 7979927686
2. In case of any difficulties faced regarding NIT terms & conditions by the tenderer in
submitting the tender within specified date and time, following two officers may be contacted:-
a) Smt. SOMA MONDAL, Superintending Engineer (E), C&M deptt, DVC Towers, Kolkata-54.
Mobile No. 09955136836; E-mail id: soma.mondal@dvc.gov.in;
a) Sri Ritesh Mandal, Executive Engineer(Elect.), C&M deptt, 3rd Floor, DVC Towers,
Kolkata-54. Mobile No. 07979944544; E-mail id : ritesh.mandal@dvc.gov.in;
(3) Bidders are required to mention/refer NIT No. & Date in all of their correspondences.
Superintending Engineer (E)

Contract & Materials Department
For & on behalf of Damodar Valley Corporation
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(II) SCOPE OF WORKS :
1) The vendor shall provide the 100 Mbps Internet bandwidth (Last mile on Fiber Ring Topology) at
10th floor, DVC Towers, VIP Road, Kolkata700054 for a period of initially five (5) years and will
be further extendable, based on the requirement of DVC, unless it will stand cancelled on expiry of
the contract or on written notice within 30 days.
2) Full 100 Mbps (1:1) Symmetric Bandwidth to be provided without any compression factor through
OFC (Optical Fiber Cable) Leased Line till Router. This includes setting up of last mile connectivity
on OFC, supply & installation of necessary equipment, laying of cable up-to Ethernet Port with
DVCs existing Local Area Network. All necessary clearances shall be the sole responsibility of
selected vendor. Vendors are advised to visit DVCs Towers to see the existing setup before
submission their offer.
3) The vendor will supply and install the necessary hardware (including Multiple WAN port router,
MUX, Communication Cables etc.) and software for implementation & commissioning of the
Internet connectivity.
4) The vendor shall provide at least 16 numbers of spam-free usable Live IP address.
5) Trouble Shooting: The vendor shall respond with a solution within one working hour of reporting of
a problem and restore satisfactory operation within four working hours.
6) Service Review Reports & S/W: The vendor shall provide following reports on the WEB for
reviewing service parameters. (i). Actual Bandwidth availability & uses on daily/monthly/quarterly
basis. (ii). Network latency report etc. (iii). Network performance monitoring software (Web Based)
shall be made available in DVC premises at no extra cost. (iv) Certified Hard copy of reports to be
submitted along with bill, for each bill cycle.
CONDITIONS OF CONTRACT:
7) Implementation Period: The vendor shall complete the installation and commissioning of the
Internet Leased Line (ILL) at the DVC Towers within 1 Month from the date of issuance of Work
Order.
8) Contract Period: The contract between DVC and Vendor shall be valid for a period of five (5)
years from the date of issuance of commissioning completion certificate.
9) Payments Terms: The ILL charges will be paid on quarterly basis (QR), on completion of each
quarter & receipt of invoice in triplicate copy.
10) Penalty Clause: The agency shall provide 99.5% (Minimum) uptime up to router on 24 x 7 x 365
basis for each bill cycle. If the downtime is beyond committed uptime, on quarterly basis deduction
shall be made as per below detail: (a) For availability of 34 Mbps Internet Connection within SLA
(above 99.5%) penalty/deduction is Nil. (b) For availability of 34 Mbps Internet Connection between
99.5% and 97%, penalty/deduction is 1% of bill amount. (c) For availability of 34 Mbps Internet
Connection between 97% and 95%, penalty/deduction is 2% of bill amount. (d) For availability of 34
Mbps Internet Connection between 95% and 93%, penalty/deduction is 3% of bill amount. (e) For
availability of 34 Mbps Internet Connection below 93% no payment shall be made.
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Leased Line technical specifications
SN. Technical Requirement
1 Internet Connectivity
Technical Parameters
1.1 Full 100 Mbps (1:1) Symmetric Bandwidth without any compression factor
through OFC Leased Line till Router.
1.2 The bidder (Internet Service Provider) must have a valid class ‘A’ category license
from Government of India
1.3 The bidder should be a company registered in India under Registrar of companies
1.4 The Bidder (ISP) must be capable of delivering the latest version of internet
protocol i.e. IPv6 as per the guidelines of govt. of India, as and when required
1.5 The bidder should have adequate bandwidth at the backend to provide the
service.
1.6 The bidder should have solution for future scalability of bandwidth.
1.7 The bidder shall provide at least 16 Nos. of spam-free and usable Live IP
addresses.
1.8 Vendor shall configure the devices for new IP addresses and gateways on the
Router.
1.9 All supplied equipment & SW shall be maintained by vendor on-site for the entire
period of contract. No charges shall separately be payable by DVC. The bidder
shall include all incidental costs for upkeep of equipment and license fee, if any in
their bid.
2 SERVICE LEVEL AGREEMENT (SLA)
2.1 The bidder should provide support for trouble shooting on 24 x 7 x 365 basis so
that the maximum availability of the internet connectivity is ensured
3 Credibility Terms
3.1 Bidder should have over 25 corporate customer within India.
Page - 7 -of 52
Minimum Technical Specification of Router
Technical Quantity 1
specs
Item Router Specification with 100 Mbps Links
Sl. No. Description Minimum Technical Specification
1 CISCO 4351 Cisco ISR 4351 (3GE 3NIM 2SM 4G FLASH 4G 1

WITH PERF DRAM IPB)
LICENSE
IP Base License for Cisco ISR 4350 Series 1
(Latest
Model AppX License for Cisco ISR 4350 Series 1
having Equal Performance on Demand License for 4350 Series 1
or Higher
Technical AC Power Supply for Cisco ISR 4450 and ISR4350 1
Specification
AC Power Cord (India South Africa) C13 BS 546 1
shall be
1.8m
acceptable)
Yellow Cable for Ethernet Straight-through RJ-45 6 1
feet
Console Cable 6ft with RJ45 and DB9F 1
Blank faceplate for NIM slot on Cisco ISR 4400 3
Cover for empty POE slot on Cisco ISR 4450 1
Removable faceplate for SM slot on Cisco 2

290039004400 ISR
4G DRAM (2G+2G) for Cisco ISR 4330 4350 1
4G Flash Memory for Cisco ISR 4300 (Soldered on 1

motherboard)
Cisco ISR 4300 Series IOS XE Universal 1
Cisco 4-Port Gigabit Ethernet Switch NIM 1
Page - 8 -of 52
(III) Qualifying Requirement (QR)
A) TECHNICAL CREDENTIALS :
Bidders have to furnish the documents against following paras (1), (2) and (3) in support of their
eligibility for participation in the tender towards subject work.
1) The bidder (Internet Service Provider) must have a valid class ‘A’ category license from
Government of India. Bidders have to furnish the notarised copy of such license.
2) Existing Internet Service Provider whose service contract for Internet Leased Line (ILL) in
Damodar Valley Corporation (DVC) at DVC Towers, Kolkata will remain valid beyond 20/04/2020
will not be allowed to participate in the Tender, since DVC indents to have an Internet Leased
Line (ILL) different from existing internet service provider as a back-up.
3) The Bidder (ISP) must be capable of delivering the latest version of internet protocol i.e. IPv6 as
per the guidelines of govt. of India, as and when required. Bidders have to furnish the self
declaration to that effect.
4) The bidder must have experience of successfully completed similar works in Government/ Public
Sector Undertaking (PSU)/ Other Organizations during last 07 (three) years ending last day of
month previous to the one in which offers are invited should be either of (a) or (b) or (c), as
mentioned below:
a) Three similar completed jobs each costing not less than the amount equal to
Rs. 12,68,051.60
OR
b) Two similar completed jobs each costing not less than the amount equal to Rs 15,85,064.50
OR
c) One similar completed jobs costing not less than the amount equal to Rs. 25,36,103.20
Note:
1) Similar works means: “Providing Internet Leased Line (ILL) of 100Mbps or higher on
hiring basis”
2) Completed works means: The executed/completed/delivered portion of the Work

Order/AMC/RC/Purchase order, Payment receipt documents with ref. to WO no. and date or
execution certificate with executed value and referred order number also be considered as a
proof of execution/delivery, even if the works/services have not been completed in totality
(subject to furnishing proof of executed/supplied value of works/services in the form of
certified copies of RA Bills) or any relevant documents, which is sufficient to proof the
works/services completed/delivered or to be completed.
B) FINANCIAL CREDENTIALS :
1) Average annual financial turnover of the bidder during preceding 3 (three) financial years
ending 31st March, 2019 should be at least 30% of the average quarterly projected requirement
i.e. Rs. 9,51,038.70/- (Rupees Nine Lakhs Fifty one thousand Thirty eight) Only. Other
income (shown in the audited results of the vendors) shall not be considered for arriving at
annual turnover.
2) Bidders have to furnish the audited annual reports (balance sheets and profit & loss accounts) of
the company for the last 03 (three) Financial years i.e. FY 2016-17, 2017-18 & 2018-19.
In case where audited results for the preceding financial year are not available, certification of
financial statements from a practicing Chartered Accountant shall also be considered acceptable.
C) OTHER CREDENTIAL: Relaxations in eligibility criteria for MSME vendors Relaxation will be
given to the start-up vendors/ MSME regarding prior experience and prior turnover criteria, as per
GOI policy.
***
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(IV) General Information/Instruction to the bidders
1.0 DVC invites single stage two part online bidding through Government e-Procurement website
under Central Public Procurement Portal (CPPP) [URL: https://etenders.gov.in/eprocure/app]
only followed by e-reverse auction from the eligible bidders for enlistment of Power Trader for
sale of DVC Surplus Power under Short Term & Medium Term Mode for a period of one (01)
year against this NIT.
2.0 E-procurement:
2.1 This tender will be processed in on-line mode only through Government eProcurement System
of NIC (GePNIC) under Central Public Procurement Portal (CPPP) [URL:
https://etenders.gov.in/eprocure/app].
All bid documents are required to be submitted online mode only in the designated
cover(s)/envelope(s) on the Government e-Procurement website under Central Public
Procurement Portal (CPPP) [URL: https://etenders.gov.in/eprocure/app]. Tenders/bids shall be
accepted only through online mode on the Government e-Procurement website and no manual
submission of the same shall be entertained. Late tenders will not be accepted.
2.2 DIGITAL SIGNATURE:
A Valid Digital Signature Certificate (DSC) (class III with Signing & Encryption Certificate) is
mandatory to participate against this tender through Government eProcurement System of NIC
(GePNIC) under Central Public Procurement Portal (CPPP) [URL:
https://etenders.gov.in/eprocure/app]. The e-token (i.e. DSC) should have both signing and
encryption certificate for securing the e-tender data for participating in eProcurement System.
The certificate may be obtained from any of the authorised agencies of CCA (Controller of
Certifying Authorities) on bidder’s own cost.
The instructions given below are meant to assist the bidders in registering on the CPP
Portal:
1) Bidders are required to register themselves in the Government eProcurement System of

NIC (GePNIC) under Central Public Procurement Portal (CPPP) [URL:
https://etenders.gov.in/eprocure/app], obtain ‘Login ID’ & ‘Password’ and go through the
instructions available in the Home page after log in to the Central Public Procurement Portal
(URL: https://etenders.gov.in/eprocure/app), by clicking on the link “Online bidder Enrolment”
on the Central Public Procurement Portal which is free of charge.
2) As part of the enrolment process, the bidders will be required to choose a unique user name
and assign a password for their accounts.
3) Bidders are advised to register their valid email address and mobile numbers as part of the
registration process. These would be used for any communication from the Central Public
Procurement Portal (CPPP).
4) Upon enrolment, the bidders will be required to register their valid Digital Signature
Certificate issued by any Certifying Authority recognized by CCA India with their profile.
5) Bidder then logs in to the site through the secured log-in by entering their user ID/password
and the password of the DSC / e-Token.
6) The Bidder intending to participate in the bid is required to register in Central Public
Procurement Portal (CPPP) using his/her Login ID and attach his/her valid Digital Signature
Page - 10 -of 52
Certificate (DSC) to his/her unique Login ID. He/She have to submit the relevant information
as asked for about the firm/contractor. The bidders, who submit their bids for this tender after
digitally signing using their Digital Signature Certificate (DSC), accept that they have clearly
understood and agreed the terms and conditions including all the Forms/Annexure of this
tender.
More information useful for submitting online bids on the Central Public Procurement Portal
(CPPP) may be obtained at https://etenders.gov.in/eprocure/app.
For clarification about e-tendering procedures, downloading & Uploading and

further details / elaboration, the bidders are advised to contact the following
FMP Support Persons, representatives of M/s. National Informatics Centre
Services Incorporated (NICSI), available in Help Desk at DVC, C&M
Department, 3rd Floor, DVC Towers, VIP Road, Kolkata-700054 during the
office hours.
(i) Mr. Sk Nawajesh Rahman, (ii) Miss Armistha Kangsa Banik,

e-mail ID: rnawajesh@gmail.com; e-mail ID:armistha.banik1989@gmail.com;
Mobile No. 9831683690. Mobile No. 8240124812.
7) DVC shall not be responsible in any way for any delay/ difficulties/ inaccessibility of the
downloading or uploading facility from the website for any reason whatsoever.
8) Downloading of Tender Documents by any Bidder shall not construe that such Bidder is
considered to be qualified. Transfer of Tender Documents downloaded by one intending
bidder to another is not permissible.
9) In case of any discrepancies found between the downloaded tender documents from the
website and the master copy available in the website https://etenders.gov.in/eprocure/app
the later shall prevail and will be binding on the tenderers. No claim/appeal on this account
will be entertained or given cognizance.
10) Bidders are advised to go through “Bidder Manual Kit”, “System Settings” & “FAQ” links
available on the login page of the e-Tender portal for guidelines, procedures & system
requirements. In case of any technical difficulty, Bidders may contact the help desk numbers
& email ids mentioned at the e-tender portal.
3.0 Cost of Tender document: Cost of Tender document is Rs. 2,000/- (Rupees Two thousands)
only and the same is non-refundable.
The bidders will pay “Cost of Tender document” amounting to Rs. 2,000/- only through
off-line mode only in the form of Demand Draft (DD)/Banker’s Cheque in favour of
Damodar Valley Corporation, payable at Kolkata.
Bidders will have to submit cost of tender document in a sealed envelope by marking the
envelope as Envelope-A and super scribing on it “Cost of Tender document” & NIT No. along
with bidder’s name & address”.
4.0 Earnest Money (EMD): Every tender must accompany "Earnest Money" of Rs. 63,403 /-
(Rupees Sixty three Thousands four hundred and three) only. Earnest Money of the said
amount should be deposited in any of the form as mentioned below without which the tender will
not be accepted. Please note that, offer without EMD or with EMD other than the desired form as
mentioned below will not be considered valid.
Page - 11 -of 52
The Mode of Deposit of Earnest Money (EMD) are as follows:-
(i) Earnest money can also be deposited through E-payment (NEFT/ RTGS) to Damodar
Valley corporation Account as mentioned below by downloading the challan from the web
site and submit the same to nearest bank:
1. Name of Banker: United Bank of India;

2. Branch: New Manicktala, Kolkata;
3. Address of Branch: VIP Road, Kolkata – 700054;
4. Phone/Fax No: 033-2355 0160(Tele/FAX), 033-2355 8852, 033-2355 2541;
5. Branch Code: NMT-147;
6. RTGS (IFSC) Code: UTBI0NMT147 (0 stands for Zero);
7. MICR Code: 700027099;
8. DVC's A/C Title: Damodar Valley Corporation;
9. DVC's A/C No: 0082250010682.
The Bidders must submit the transaction reference No. for the e- payment made to DVC/
the system generated documentary evidence of online payment made for the Earnest
Money Deposit in hard copy in the sealed Envelope-A by marking the envelope as “BID
SECURITY / EMD and NIT No. along with Bidder’s name & address”.
(ii) Post Office National Savings Certificate, having face value equal to the EMD value and
duly endorsed in favour of DVC.
(iii) DVC Bonds duly endorsed in favour of DVC.
(iv) Attested photocopy of certificate issued by DVC as permanent EMD account holder.
(v) Pay Order or Demand Draft to be made in favour of the Damodar Valley Corporation.
Bidder shall require to submit the cost of EMD (as per the above mentioned forms) in a sealed
“Envelope “A” by marking the envelope as “BID SECURITY / EMD and NIT No. along with
Bidder’s name & address”, to office of “The Chief Engineer (C&M), Damodar Valley
Corporation, Contracts & Materials Department, 3rd Floor, DVC Towers, VIP Road,
Kolkata-700054” or to drop the sealed envelope in the Tender Box kept at C&M Department,
DVC, 3rd Floor, DVC Towers, VIP Road, Kolkata – 700 054, before the scheduled date & time
for bid submission as stated in this NIT, failing which their tender will not be considered for
opening. In case EMD of any bidder is received late or submitted after the scheduled date & time
of bid submission, the bid of that respective bidder will not be opened and their EMD (which is
received late) will be returned back to them in unopened condition.
The offer not accompanied by specified EMD in proper form as defined above shall not be
considered as valid tender for opening of the techno-commercial bid.
Earnest Money will be refunded only to the unsuccessful bidder within 15 days after finalization
of Tender and no interest would be paid against Earnest Money Deposit (EMD).
The amount of Earnest Money will be returned to the successful bidder after expiry of the
Contract/Work Order. No interest would be paid to the bidder against Earnest Money
Deposit (EMD).
Page - 12 -of 52
Exemption for submission of Bid Security / EMD and Cost of Tender documents Fee :-
MSEs Vendors registered with MSME / NSIC shall be exempted from the payment of EMD &
cost of tender documents. MSEs seeking such exemption must upload scanned copy of
valid MSME / NSIC Registration certificate in the designated place of CPPP website
https://etenders.gov.in/eprocure during uploading of their bid and also submit the hard copy of
the uploaded documents in a separate sealed envelope super scribing on it "MSME/NSIC
CERTIFICATE (towards Exemption of Bid Security / EMD and Cost of Tender documents Fee)"
against NIT No. & date, due date of tender opening alongwith bidder’s name & address, to the
office “The Chief Engineer (C&M), Damodar Valley Corporation, Contracts & Materials
Department, 3rd Floor, DVC Towers, VIP Road, Kolkata-700054” or dropped it in the Tender Box
kept at C&M Department, DVC, 3rd Floor, DVC Towers, VIP Road, Kolkata – 700 054 before the
date and time set for bid submission (uploading),.
Conditions for forfeiture of EMD:
The Earnest Money deposited is liable to be forfeited without any notice or proof of damage to
DVC etc. in the following circumstances:-
(a) For failure of tenderers to accept the LOI/LOA/Work Order/Annual Rate Contract placed
within the validity period of their offer.
(b) Any bidder withdraws/varies his offer within the bid validity period before finalisation of the
tender.
(c) If the bidder does not accept the arithmetical correction of its bid price.
(d) For failure to submit Security Deposit cum Performance Guarantee in the form of Bank
Guarantee (BG) within 30 days from the last day of the specified time limit as stipulated in the
LOI/LOA/Work Order/Annual Rate Contract.
(e) If the acceptance of order is not received within the stipulated period.
(f) If the bidder does not withdraw any deviation listed in Statement of Deviations at the cost of
withdrawal indicated by him.
(g) If the bidder refuses to withdraw, without any cost to DVC, any deviation not listed in
Statement of Deviations but found elsewhere in the Bid.
(h) On providing false or incorrect information in respect of qualifying requirement etc.
(i) In case the L1 bidder for any item fails to produce the documents within the specified period
or if any of the information furnished by L1 bidder on-line is found to be false by the Tender
Committee during verification of documents.
Bidder shall submit Cost of Tender Documents (in original) & Bid Security/EMD (in original)
or duly self authenticated copy of MSME/NSIC Certificate (if applicable) in a separate sealed
envelope marking as “Envelope-A” super scribed on it NIT No. & date, due date of tender
opening alongwith bidder’s name & address and sent to “The Chief Engineer (C&M),
Damodar Valley Corporation, Contracts & Materials Department, 3rd Floor, DVC Towers, VIP
Road, Kolkata-700054” or submit the sealed envelope in the Tender Box kept at C&M
Department, DVC, 3rd Floor, DVC Towers, VIP Road, Kolkata – 700 054 before the date & time
set for bid submission (uploading) as per this NIT.
A scanned copy of evidence towards Cost of Tender Document & Bid Security/EMD or
MSME/NSIC Certificate (if applicable) are also required to be uploaded on the designated place
in the CPPP website https://etenders.gov.in/eprocure along with the bid proposal. DVC will not
Page - 13 -of 52
accept any liability for delay in receipt or non-delivery of the above hard copies dispatched by
post or through courier.
i) In case of any difficulties faced regarding scope of work by the tenderer in submitting the
tender within specified date and time, following officer may be contacted:-
th
a) Sri Amit Kumar Singh, EE(E), IT Cell, 8 Floor, DVC Tower,Kolkata-700054. (e-mail:
amit.singh@dvc.gov.in), Mobile No. 7979927686
b) In case of any difficulties faced regarding NIT terms & conditions by the tenderer in
submitting the tender within specified date and time, following two officers may be contacted:-
b) Smt. SOMA MONDAL, Superintending Engineer (E), C&M deptt, DVC Towers,
Kolkata-54.
Mobile No. 09955136836; E-mail id: soma.mondal@dvc.gov.in;
b) Sri Ritesh Mandal, Executive Engineer(Elect.), C&M deptt, 3rd Floor, DVC
Towers, Kolkata-54. Mobile No. 07979944544; E-mail id :
ritesh.mandal@dvc.gov.in;
5.0 No Notification / Amendment / Addendum / Corrigendum shall be published in newspapers in

respect of this tender.
6.0 Downloading of bid documents by any bidder, shall, however not construe that such bidder is
considered qualified.
7.0 Once a prospective tenderer downloads a set of tender specification, the price thereof towards
cost of tender documents will not be refunded on any account whatsoever.
8.0 The offer should be as per terms and conditions mentioned in SCC (Special Conditions of
Contract) and in GCC (General Conditions of Contract). Bidders are requested to go through
GCC (General Condition of Contract) uploaded along with this NIT as well as hoisted in DVC’s
website www.dvc.gov.in. However, if any terms and conditions mentioned in SCC are in
contradiction to that of GCC, the former shall prevail.
9.0 DVC reserves the right to extend the last date and time for submission of filled in techno-
commercial and price bid part and opening of bid thereof subject to at the sole discretion of DVC.
10.0 Fully illustrated and complete details of the tendered item should be submitted by the bidders
when asked by DVC. Bidders are expected to go through all instructions, 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, that will be at the bidder's risk and may result in rejection of
its bid.
11.0 DVC shall not be responsible in any way for any delay / difficulties / inaccessibility of the
downloading facility from the website for any reason whatsoever.
12.0 The tenderers who are found to be indulging in changing / adding or deleting the contents of the
downloaded tender documents will be liable to face necessary action as deemed fit including
banning, suspension of business dealings etc.
13.0 DVC reserves the right to reject any or all the tenders or to split up and award the tender to more
than one tenderer without assigning any reason thereof.
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14.0 In case of any discrepancies found between the downloaded tender documents from the website
and the master copy available in CPPP, later shall prevail and will be binding on the tenderers.
No claim/appeal on this account will be entertained or given cognizance.
15.0 Tenderers will be solely responsible for the correctness / genuineness of the downloaded tender
documents from the website. If the offer submitted through the downloaded tender documents
with changed contents, then the offer will liable for rejection.
16.0 DVC reserves the right to call for all the documents / any original document(s), if needed, failing
which the offer is liable for rejection.
17.0 All suits arising out of this enquiry and subsequent Rate Contract/Work Order/LOA/LOI, if any,
are subject to the jurisdiction of the Court only in the city of Kolkata and no other Court, when
resolution/settlement through Arbitration fails.
18.0 The bidder shall quote all prices in Indian Rupees only.
19.0 The bid shall be submitted in ENGLISH language only.
20.0 The bids shall also be checked for computational error, if any, to arrive at the computed price, as
per the following provisions:-
• In case of discrepancy between the original and copies of bid, the original bid will be
considered correct.
• If there is discrepancy between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail and the total price shall be
corrected.
• If there is discrepancy between words and figures, the amount in words will prevail.
• If there is a discrepancy between the quantity specified by DVC in the bidding document
and that indicated by the bidder in his bid, the former shall be taken to arrive at the
computed price on pro-rata basis.
Note:- If the bidder does not accept the correction of errors as worked out by above
methodology, his bid will be rejected and his earnest money will be forfeited.
21.0 Bidders are required to quote their price in the price bid schedule/BOQ (excel sheet) of the
bidding documents only. However, if any price component (basic price) related to this NIT in full or
in part is exposed anywhere and found with its techno-commercial offers, the offer shall out rightly
be rejected and shall not be considered further.
22.0 Period of Validity of Bid:
Bids shall remain valid for a period of 180 days from the date of opening of the
Techno-Commercial bid of the NIT. A bid valid for a shorter period shall be rejected by DVC as
being non-responsive.
In exceptional circumstances, DVC may solicit the bidder's consent to an extension of the bid
validity period. The request and responses thereto shall be made by e-mail. If a bidder accepts to
extend the period of bid validity, the validity of 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.
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23.0 Pre-bid Conference :-

The authorized representative of the intending tenderers may attend the pre-bid conference
scheduled on 27.02.2020 at 12:00 Hrs. at C&M Department, 3rd Floor, DVC Towers, VIP Road,
Kolkata -700054. The purpose of the pre-bid conference will be to clarify any issue regarding the
bidding documents in general and the technical specifications in particular and for quick
finalization of the contract. Non-attendance at the pre-bid conference will not be a cause for
disqualification of a bidder.
24.0 Clarification on Bidding Documents :-
A prospective bidder requiring any clarification to the bidding documents may notify DVC only
through e-mail/post to the three officers specially assigned for receiving Pre-bid queries as
mentioned above in the NIT up to the last date for submission of Pre-bid queries i.e. prior to pre
bid conference. DVC will respond to all the request received for clarification of the bidding
documents either in the Pre-bid discussion or through Pre-bid replies to be uploaded in the
CPPP website (https://etenders.gov.in/eprocure) after Pre-bid conference. The Pre-bid
conference will take place at the communication address as mentioned above.
Further, any modifications of the Bidding Documents/NIT which may become necessary as a
result of the pre-bid conference shall be made by DVC exclusively through an amendment to the
bidding documents only, which will be uploaded in the CPPP website after Pre-bid conference.
25.0 Amendment to Bidding Documents:
At any time prior to the deadline for submission of bids, DVC may, for any reason, whether at its
own initiative, or in response to a clarification requested by a prospective bidder, amend the
bidding documents.
(a) The amendment will be notified to the CPPP website (https://etenders.gov.in/eprocure/app)

as well as to the DVC Tender Information System (http://tender.dvc.gov.in). It will be
assumed that the information contained therein will have been taken into account by the
bidder in its bid.
(b) In order to afford prospective bidders reasonable time in which to take the amendment into
account in preparing their bid, DVC may, at its discretion, extend the deadline for the
submission of bids.
Any addendum/corrigendum/extension, if required, pertaining to this NIT will be hosted in Central

Public Procurement Portal (CPPP) website (https://etenders.gov.in/eprocure/app) and will also
be uploaded at DVC Tender Information System (http://tender.dvc.gov.in) under DVC Portal
website (https://www.dvc.gov.in) for information purpose only. As such, bidders are requested to
visit the CPPP website (https://etenders.gov.in/eprocure/app) and DVC Tender Information
System website (http://tender.dvc.gov.in) regularly for any addendum/corrigendum/extension till
opening of the techno-commercial bids of NIT.
26.0 Downloading of the tender papers / documents shall not automatically imply qualification of the
firm for bidding – which shall be determined during bid evaluation.
27.0 DVC reserves the right not to accept the lowest rate quoted by the bidder and may reject any or
all the tenders without assigning any reason whatsoever.
28.0 If the successful bidder on placement of LOI/LOA/Work Order/Rate Contract fails to execute the
work within the time frame mentioned in the LOI/LOA/Work Order/Rate Contract or if he refuses to
execute the work after acceptance of their tenders, they shall be disqualified for submission of
Page - 16 -of 52
tenders in future for a minimum period of 02 (two) years including forfeiture of instant EMD &
Security Deposit as the case may be.
29.0 Bidder shall bear all costs associated with the preparation and submission of bid. DVC will in no
case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding
process.
30.0 Measure against cartel formation:-
(a) If it is found that all or most of the bidders quote same or equal rates, DVC reserves the right
to place order on one or more bidders with the exclusion of the rests without assigning any
reason thereof.
(b) Bidder who quote in cartel are hereby warned that their names are likely to be deleted from
the list of approved sources/ they are likely to be barred from participating in any tender in
future or are likely to be black listed for a period of three years.
(c) DVC, whenever and wherever cartel formation is suspected, reserves the right to place order
on any vendors/firms based on vendor rating/merit rating based on capacity/resources of
bidders to perform the particular contract taking into account experience and best
performance of similar job, capabilities with respect of personnel, equipments, of finance over
and above, the eligibility condition prescribed in the tender.
31.0 The following tenders may be rejected Out rightly :-
(a) Tenders received after the due date and time of tender opening (late tenders).
(b) Offers received subsequently after original offer through open tendering.
(c) It is in the form of Fax/Telex/Telegram/e-mail etc.
(d) Tenders (techno-commercial bid & price bid) not submitted / uploaded at the designated
place in the Central Public Procurement Portal (CPPP).
(e) Tenders is not accompanied with Earnest Money in case the firm responding is not
registered with valid MSME/NSIC.
(f) It is ambiguous with regard to any of the essentials, i.e. the items being offered, prices
quoted, and the period of delivery.
(g) In case of the Price component (i.e. Basic Price) is exposed other than the Price Bid/BOQ.
32.0 Debarment of bidders due to banning by Other Organisation:

(i) In case where the business firm happens to have been banned/ suspended by DVC /
Ministry of Power/Govt. of India and the ban/suspension is still in force on the date of bid
opening, the offer of the business firm/ authorised agent / distributor/ dealer/ affiliates shall
not be considered for all establishment of DVC.
(ii) In case where the business firm happens to have been banned/suspended by Department of
Power & Non-conventional Energy Sources, Govt. of West Bengal/Government of West
Bengal and the ban/suspension is still in force on the date of bid opening, the offer of the
business firm/ authorised agent / distributor/ dealer/ affiliates shall not be considered for all
DVC establishments in West Bengal.
Page - 17 -of 52
(iii) In case where the business firm happens to have been banned/ suspended by Department
of Energy, Government of Jharkhand/ Govt. of Jharkhand and the ban/ suspension is still in
force on the date of bid opening, the offer of the business firm/ authorised agent / distributor/
dealer/affiliates shall not be considered for all DVC establishments in Jharkhand.
33.0 In case the performance of a bidder in any contract of DVC is found to be unsatisfactory
during last two years, the bidder shall not be considered for this tender.
34.0 Different Aspects of E- tendering:-
The bidder will have to accept the Techno-commercial Terms & Conditions of the NIT along with
on-line undertaking in support of the authenticity of the declarations regarding the facts, figures,
information and documents furnished by the bidder on-line. No conditional bid shall be accepted.
In the undertaking given by the bidder on-line, there will be provision for forfeiture of EMD and
banning for participating in future tenders in DVC for one year, if any information given by the
bidder on-line is found to be false at any stage which changes the eligibility status of the bidder.
The bidder may seek clarification on-line within the specified period. His identity will not be
disclosed by the system. The Contracts & Materials department, DVC will clarify as far as
possible the relevant queries of bidders. The clarifications given by department will be visible to
all the bidders intending to participate in the tender. The clarifications may be asked from the
next day of e-publication of tender in Government e-Procurement System of NIC (GePNIC)
under Central Public Procurement Portal (CPPP) [URL: https://etenders.gov.in/ eprocure/app].
The last date for seeking clarification will be up to 4 (four) days before the last date of submission
of bid and the last date of giving clarification on-line will be up to 2 (two) days before the last date
of bid submission.
The bidder will submit Techno commercial Bid (Excel Sheet) and Price Bid/BOQ (Excel
Sheet) through online-mode. No off-line bid shall be accepted.
The bidder will download the Techno- commercial Bid Sheet, Price Bid Sheet, Format of Letter of
Bid, Power of Attorney, Affidavit, Other NIT formats e.g. Mandate Form for Payment in Electronic
Mode, No-Relationship Certificate, Validity of Offer/Bid, Acceptance of Commercial Terms,
General Terms and Conditions and all other Terms of the NIT etc. from CPPP website
(https://etenders.gov.in/eprocure/app).
Letter of Bid: The format of Letter of Bid is uploaded along with this NIT. This is to be
downloaded by the bidder and will have to be printed/ typed on his letter head. This document
will be signed by the bidder and scanned copy of the same will be uploaded during bid
submission in Part-I. This will be the covering letter of the bidder for his submitted bid. The
content of the “Letter of Bid” uploaded/submitted by the bidder must be the same as per format
given in the NIT and it should not contain any other information.
Affidavit: The format of Affidavit is uploaded along with this NIT. This is to be downloaded by the
bidder and will have to be printed/ typed on non-judicial stamp paper of minimum value of
Rs. 10/-. This document will be signed by the bidder along with signature & seal of Notary and
scanned copy of the same will be uploaded during bid submission in Part-I. This will be the
genuineness of the information furnished by bidder online and authenticity of the documents
being produced by him/them. The content of the “Notarized Affidavit” uploaded/submitted by the
bidder must be the same as per format given in the NIT and it should not contain any other
information.
Power of Attorney: The format of Power of Attorney is uploaded along with this NIT. This is to
be downloaded by the bidder and will have to be printed / typed on non-judicial stamp paper of
minimum value of Rs. 10/-. This document will be signed by the bidder (DSC Holder) & duly
Page - 18 -of 52
attested by the Authority of the Company along with signature & seal of Notary and scanned
copy of the same will be uploaded during bid submission in Part-I. The content of the “Notarized
Power of Attorney” uploaded/submitted by the bidder must be the same as per format given in
the NIT and it should not contain any other information.
Techno- commercial Parameter Sheet : The Techno–commercial Parameter Sheet containing

the technical specification along with commercial terms as per the NIT will be downloaded by the
bidder and they will furnish all the required information on this Excel file.
Thereafter, the bidder will upload the same Excel file during on line bid submission in Part-I. The
Technical Parameter Sheet which is incomplete and not submitted as per instruction given above
will be rejected.
Bidder will also required to upload the duly filled-up copy of the Techno–commercial Parameter
Sheet in PDF Format after duly sealed and signed, during on line bid submission in Part-I.
Price Bid Sheet (BOQ): The Price bid sheet (excel format) will be downloaded by the bidder and
they will fill the rates offered by them for different items/components as per the instruction of NIT.
Thereafter, the bidder will upload the same Excel file during bid submission in Part-II. The Price
Bid which is incomplete and / or not submitted as per instruction given above will be rejected out
rightly. The Price bids will be opened for techno-commercially accepted bidders only and the
price bid opening date will be informed to the techno-commercially accepted bidders through
their E-mail id.
NOTE : 1. You have to fill in only the green coloured cells in Sheet-1 (Annexure-B, Price
Schedule) & Sheet-2 (Annexure-D, Cost of Withdrawal) .
2. Estimated rate of item has already been entered in Sheet-1 (Annexure-B, Price
Schedule) . Bidder have to quote the rate only on percentage Basis.
First, Ecess (+) / Less (-) have to selected, and then enter the numerical value of the
percentage Rate.
3. TAX&DUTIES: Price mentioned in our BOQ is only basic value. Presently, health care
services are exempted of GST. Therefore, GST will be paid extra at actual, if applicable at
the time of contract execution.
4. Evaluation for L-1 bidder for the tender will be done on summery wise i.e. on total value
for the works (i.e. Total quoted amount on BOQ1).
Other NIT formats like Mandate Form for Payment in Electronic Mode, No-Relationship
Certificate, validity of Offer/Bid, Acceptance of Commercial Terms, General Terms and
Conditions and all other Terms of the NIT etc. are to be downloaded by the bidder and will
have to be printed/ typed on his letter head. These documents will be signed by the bidder and
scanned copy of the same will be uploaded during bid submission in Part-I. The content of the
formats uploaded/submitted by the bidder must be the same as per format given in the NIT and it
should not contain any other information. Mandate Form for Payment in Electronic Mode is to
be endorsed/signed by the concern bank.
Modification and Withdrawal of Bids: Modification of the submitted bid shall be allowed
on-line only before the deadline of submission of tender. The bidder may modify and resubmit
the bid on-line as many times as he may wish. In no case Cost of Tender Fee, if applicable will
be refunded.
The bidder may withdraw his bid on-line at any time before the last date and time of submission
of bid at his discretion without losing his EMD. However, if the bidder withdraws the bid after the
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deadline of bid submission, his EMD will be forfeited and other penal actions may be taken
against the bidder. In the Government e-Procurement system (CPPP), the on-line withdrawal of
bid is possible only before the deadline of bid submission. For withdrawal of bid after deadline of
bid submission, an off-line request is to be sent by the bidder to Tender Inviting Authority. The
actions which shall be taken in case of withdrawal of bids at different stages of tender are as
indicated below:
i) If the withdrawal is on-line within the deadline of bid submission, the EMD will be refunded.
ii) If the request of withdrawal is received after deadline of bid submission and before opening of
Techno Commercial bid, the bidder will be disqualified and his EMD will be forfeited and the
techno commercial bids of remaining bidders will be opened.
iii) If the request of withdrawal is received after opening of Techno Commercial bid and before
opening of price bid, the bidder will be disqualified and his EMD will be forfeited and other i.e.
one year debarment penal actions may be taken and the Price-bid of remaining bidders willbe
opened.
iv) If the L1 bidder withdraws his bid after opening of price bid and before issue of Work
Order/Annual Rate Contract, then his EMD will be forfeited and re-tender shall be done for the
items in which the bidder was L1. In this re-tender such defaulting bidder will not be allowed to
participate and other i.e. one year debarment penal actions may be taken.
v) If the L-1 bidder withdraws his bid after issue of Work Order/Annual Rate Contract, then his
EMD will be forfeited, other penal action may be taken and re-tender shall be done for the
items awarded to him. In this re-tender such defaulting bidder will not be allowed to participate
and other i.e. one year debarment penal actions may be taken.
The e-Procurement System will evaluate the Techno Commercial bids automatically with least
human intervention. For this purpose all the required parameters will be obtained from the
bidders in an objective and structured manner.
Bidders are required to upload the “Techno-commercial parameter sheet and Price bid
Sheet (BOQ)” through on-line mode only, before due date & time set for uploading the
tender.
The information furnished by the bidders on-line along with on-line undertaking with Digital
Signature Certificate in support of the authenticity of the facts, figures, information and
documents furnished by them online will be accepted for the Techno-commercial evaluation of
the bids.
35.0 BID OPENING:
(i) DVC will open the hard copy of Envelope A (as received) off line, in the presence of
bidder’s representatives who choose to attend the opening on the time and at the
communication address as stated in the bid document. In the event of the specified date for
the opening of bids being declared a holiday for DVC, the bids will be opened at the
appointed time on the next working day.
Bids not accompanied by documents in support of bid security (EMD) & Cost of
Tender Fee in Envelope-A as asked in the NIT, will be rejected and not be considered
for further evaluation, regardless of the circumstances and that bids will not be
opened further.
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Bidders’ representatives who choose to attend the opening shall sign a register as proof of
their attendance.
(ii) DVC will then open Techno-commercial bid (excel sheet submitted by bidders) and
download the scanned copy of Letter of Bid, Notarised Affidavit, Notarised Power of
Attorney, Banker’s Details etc. and all the necessary documents (duly self-authenticated) in
support of Qualifying Requirements (QR) as well as techno-commercial parameter of the
NIT) online only for those bidders whose documents in Envelope- A are found to be in order.
(iii) Thereafter, DVC will notify through e-mail/website about the date & time for opening of the
initial price Bid & e-reverse auction to the techno-commercially compliant bidders only,
whose Envelope A, declarations in respect of techno-commercial bid and supporting
documents in support of Qualifying Requirements (QR) as well as those asked in the
checklist of NIT will found to be satisfactory.
36.0 CLARIFICATION ON TECHNO-COMMERCIAL BIDS:
During Techno-commercial bid evaluation DVC may, at its own discretion, ask the bidder for a
clarification on its bid. The request for clarification and the response there to shall be through e-
mail only, and no change in the price or substance of the bid shall be sought, offered or
permitted.
Notwithstanding anything stated above, DVC reserves the right to assess the capabilities and
capacity of the bidder to perform the contract at any stage during the entire bid evaluation period
and prior to award of Contract, should the circumstances warrant such assessment in the overall
interest of DVC.
37.0 EVALUATION OF TECHNO-COMMERCIAL BIDS:

After opening of Envelope A, DVC will examine whether the “documents in support of bid
security” in Envelope A have been properly signed and are generally in order.
After opening of Techno-commercial bid (excel sheet) online, DVC will carry out detailed
evaluation of the supporting documents furnished by the bidders (based on the scanned copies
submitted by the bidders) in support of Qualifying Requirements (QR) as well as techno-
commercial parameter of the NIT along with Envelope A.
38.0 Opening of Initial Price Bids and Price Bids Evaluation:-
The techno-commercially qualified bidders only will get the price bid opening & e-Reverse
Auction information on their personalized dash-board and also by system generated e-mail. The
opening date of price bid & e-Reverse Auction will also be informed to the techno-commercially
accepted bidder only through their official e-mail (provided in the tender) by the dealing engineer
of DVC through DVC Official e-mail.
After opening of initial Price-bid online through Government e-Procurement System of NIC
(GePNIC) under Central Public Procurement Portal (CPPP) [URL: https://etenders.gov.in/
eprocure/app], the bidders may get the on-line status/information that Financial bid/Price bids
has been opened, but as the same will be followed by e-reverse auction, as such, Price bids of
any bidders could not be disclosed by the CPPP & the same could not be viewed before
conclusion of e-Reverse auction (as per the procedure laid down in next chapter).
It should be note that, all the Techno-commercially accepted bidders after

eliminating the H-1 bidder will be allowed to participate in online e-Reverse
Auction over internet for bidding. However, if no. of the techno-commercially complied
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bidders are less than five (05) then all the Techno-commercially accepted bidders
(whose initial price bids have been opened) will be allowed to participate in online e-
Reverse Auction for bidding.
Price Bid Evaluation Procedures:

For ranking purpose, bids will be evaluated on the basis of “TOTAL QUOTED PRICE (in
INR) considering all the items as per the format of price bid sheet (BOQ) excluding taxes”
as quoted by the eligible bidders.
The bidder who will quote lowest “TOTAL EVALUATED PRICE (in INR)” after conclusion of
e-reverse auction will be termed as the final L-1 bidder and may be considered as
successful bidder.
Note:- DVC 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 DVC’s action.
39.0 VERIFICATION OF DOCUMENTS:
a). Bidders are required to upload scanned copies of all the required documents for meeting the
QR criteria of the NIT as well as which are asked in the techno-commercial parameter sheet,
in CPPP website (https://etenders.gov.in/eprocure/app) during submission of their bid online,
for Techno Commercial evaluation and compliance thereof.
b). Hard copy of the QR related documents & other relevant documents related to
techno-commercial offer of NIT (in original / duly self authenticated & notarized) will require
to be submitted by the L-1 bidder only within 10 days from the date of e-reverse auction in
support of the information and documents furnished by the said bidder online, for validating
and record purposed.
40.0 GOVERNING LAWS & GENERAL PRINCIPLES:
The Contract shall be governed by and interpreted in accordance with laws in force in India. The
Contract will be governed by the Sales of Goods Act, Indian Contract Act, Negotiable Instrument
Act, Information & Technology Act, Common Goods Carrier Act, GST Act, Income Tax Act,
Insurance Act, etc. The Courts of Kolkata shall have exclusive jurisdiction in all matters arising
under the Contract.
The Letter of Award/Contract shall in all respect be deemed to be and shall be constructed and
shall operate as an Indian Contract as defined in the Indian Contract Act 1872 and all payments
there under shall be made in Rupees.
The Contractor shall acquire all permits, approvals and licenses from all local, state or national
government authorities or public service undertakings in the country where the Site is located
that are necessary for the performance of the Contract, including those which required to be
acquired in the name of DVC, that are necessary for the performance of the Contract, DVC shall
only reimburse (against necessary supporting documents) to the Contractor, the payment of fees
payable to the statutory authorities for all permits, approvals and licenses from all local, state or
national government authorities or public service undertakings, which are required to be obtained
in DVC’s name for the execution of the Contract.
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The Contractor shall indemnify and hold harmless DVC from and against any and all liabilities,
damages, claims, fines, penalties and expenses of whatever nature arising or resulting from the
violation of such laws by the contractor or its personnel.
41.0 Important Points to be noted by the bidders :-
1. "Public Procurement (Preference to Make in India), Order 2017 of GOI, Ministry of

Commerce and Industry, department of Industrial Policy and Promotion, Udyog Bhawan, New
Delhi, No. P-45021/2/2017-B.E.-II dated 15th June, 2017 is applicable for the subject
procurement".
2. "Public procurement Policy for Micro and Small Enterprises (MSE), as notified by Ministry of
MSME is applicable for the subject procurement".
*****
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(V) Instruction to the Bidder for e-Reverse Auction
1. Tender Cum Auction is a combination of Tender followed by Reverse Auction. It is also called
as eRA.
2. In eRA, Tendering process will be followed as per the instructions given in NIT/Tender
Documents. Subsequently, online e-Reverse Auction will be conducted amongst
techno-commercially qualified / approved bidders (as mentioned below) after Opening of
‘Financial/Price Bids’ online. The e-Reverse Auction will be normally initiated after Opening of
Price Bids. There will be no participation fees for e-Reverse Auction.
3. All the Techno-commercially compliant bidders [i.e. those bidders who have been found techno-
commercially qualified as per requirements of the tender/NIT] after eliminating the H-1 bidder
will be allowed to participate in online e-Reverse Auction for bidding. In case more than
one bidders have quoted the same H1 rate, then the bidder with later bid submitted date and
time will get eliminated as per CPPP portal. However, if no. of the techno-commercially
complied bidders are less than five (05) then all the techno-commercially compliant
bidders [whose Price Bids (BOQ) have been opened] will be allowed to participate in
online e-Reverse Auction for bidding.
4. The Techno-commercially qualified bidders will receive e-Reverse Auction information through
SMS & email. The participating bidders get an opportunity to reduce their prices during
e-Reverse Auction. It allows bidders multiple opportunities to offer a price.
5. After opening of the ‘Financial/Price Bids’ online, System will display L1 price based on
either over all basis or item wise/lot basis automatically (as the case may be). Using this
system provided L-1 price, DVC at its own discretion will create/fix the Opening
Price/Reserve Price/Starting Price for e-Reverse Auction and will publish the same in e-
Reverse Auction platform (URL: https://etenders.gov.in/eprocure/app).
In this case, e-Reverse Auction shall be done on the basis of TOTAL EVALUATED PRICE
as per Price Bid (in INR). Hence, the Opening Price/Reserve Price/Starting Price for e-Reverse
Auction as fixed by DVC after opening of the price bids (BOQ) of all the techno-commercially
compliant bidders, shall be based on TOTAL EVALUATED PRICE as per Price bid (in
INR)”.
Bid decrement price for Reverse Auction will be decided by DVC at its own discretion after
opening of price bids.
6. Procedure in submission of bids by the bidders during Reverse auction online.
6.1 Bidders shall login using their login ID & Password and then using DSC.
6.2 Click on My Auctions button given in left side of page, to view Action details for which
Techno-Commercially qualified.
6.3 For participating in Live Auction:
 Click on Live Auction Button.
 Click on View button to participate in interested Auction.
 There is List of qualified Lots in which Bidder can participate against selected Auction.
Click on Hammer Icon to participate in the respective lot.
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 On clicking Hammer Icon, system will show Start price, Decremental price and Current
price against lot. Current Price is appears as Blank in case no bidder has offered price.
 Enter your Price in ‘My Auction Price’ in multiples of decremental value up to above
Max Seal % value, and then sign it digitally by clicking on Sign Icon and Click on
submit button. System will show your Latest Value / Price Quoted and system will also
show Least Amount/ Rate which any Bidder would have quoted.
7. Terms and conditions for Reverse Auction are as follows:
(1) Reverse Auction will be initiated after opening of price bids. The schedule of Reverse
Auction shall be intimated to the Techno-commercially qualified bidders by the system
through their registered email and SMS to mobile number.
(2) Only those bidders whose price bid has been opened by DVC shall be eligible to participate
in Reverse process. However, in case no. of bidders whose price bid has been opened, are
five or more then, the H1 bidder whose quote is highest during tender will not be allowed to
participate in Reverse Auction process as per H1 elimination policy (detailed above).
(3) Bidders are advised to read the ‘Reverse Auction terms and conditions’ & details of
Reverse Auction event carefully, before auction event.
(4) Reverse Auction can be held in two ways as indicated in the tender either on the Total
overall cost of items/works or on Item wise/Lot wise. For this tender, Reverse Auction will
be done on Total overall cost of works/package excluding GST.
(5) The ‘Starting price’ i.e. Start price and bid decrement price for Reverse Auction will be
decided by DVC at its own discretion after opening of price bids.
(6) Bidders shall be able to view the following on their screen along with the necessary fields
during Online Reverse Auction:
 Current Bid Price in the Auction.
 Start Price.
 Decrement (or Increment) value.
(7) As this is Reverse Auction, as such, the bidding direction will be downward.
(8) For this Reverse Auction, in order to displace a standing lowest bid and to become
“L1”, a bidder can offer a minimum bid decrement or in multiples of decremental
value up to above Max Seal %.
For Example:- Current price :- Rs. 49,000, Decrement value :- Rs. 1000,
System Defined Maximum Seal % :- 50, in this case a bidder can quote minimum
decrement amount as Rs. 49,000 – 1000 = Rs. 48,000 and maximum decrement
amount is Rs. 49000 – 24500 - 1000 = Rs. 23500 = Rs. 24000*.
This continues as an iterative process.
(9) The system will not disclose the name of the L1 bidder, number of bids and names of the
bidders on the portal to anybody prior to the completion of Reverse auction process.
(10) There shall be no communication between the DVC’s representatives and bidders and
among bidders.
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(11) Bidders only see the lowest bid during Reverse auction. At no point of time will any bidder
see the name of other bidders or the prices of bidders other than the lowest bid.
(12) After the completion of the online reverse auction, all bidders who have participated in
Reverse will see the L1 price in Auction and further processing will be done by Tender
Inviting Authority of DVC.
(13) In case of no participation by techno-commercially qualified bidders in Reverse Auction, the

Lowest Tender price bids received during tender will be processed.
(14) In case of auction on total value of items/works, the successful bidder may be required to
submit a letter for price confirmation and rates of individual items/works within one day after
completion of Reverse Auction event, besides sending the same by registered post /
courier to the tender inviting authority.
(15) Any variation between the final bid value during RA and that in the confirmatory letter
forwarded will be advised to re-work and submit.
(16) Server time shall be the basis of Start Time and Closing time for bidding and shall be
binding for all the bidders.
(17) All electronic bids submitted during the reverse auction process shall be legally binding on
the bidder.
(18) The chronologically last bid submitted by the bidder till the end of the auction will be
considered as the valid price bid offered by the bidder and acceptance of the same by
Tender Accepting Authority of DVC will form a binding contract between Tender Accepting
Authority and the bidder for entering into a contract.
(19) The last successful bid price quoted by bidder will be considered as valid price at any point
of time during Auction.
(20) If a bidder does not submit bid in the Reverse Auction, the price quoted by them in the
price bid shall be considered as the valid price of that bidder. The status of the bidder (L1,
L2 etc.) shall be evaluated considering either the bid price submitted in Reverse Auction or
the price quoted in the price bid, whichever is lower.
(21) In case of disruption of service at the service provider’s end while the Reverse Auction is
live due to any technical snag or otherwise attributable to the system failure at the server
end, Tender Inviting Authority of DVC in consultation with Application Administrator may
decide to extend auction if required as per system malfunction procedure displayed in the
home page of the website. In this case, the status quo of Auction will be maintained prior to
failure and process would continue from that point onwards.
8. Post auction procedure: DVC will proceed with the Lowest Bid obtained in the Reverse
Auction for further processing.
9. Schedule for Reverse Auction: The Reverse Auction schedule will be intimated later on
through e-mail and SMS, which will normally be done/ started from 3.00 PM on the same day
after opening the price bid.
10. Auction extension time: If a bidder places a bid in the last 5 minutes of closing of the Reverse
Auction and if that bid gets accepted, then the auction’s duration shall get extended
automatically for another 5 minutes, for the entire auction from the time that bid comes in.
Please note that the auto-extension will take place only if a bid comes in those last 5 minutes
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and if that bid gets accepted as the lowest bid. If the bid does not get accepted as the lowest
bid, the auto-extension will not take place even if that bid might have come in the last 5
minutes. In case, there is no bid in the last 5 minutes of closing of Reverse Auction, the auction
shall get closed automatically without any extension. However, bidders are advised not to wait
till the last minute or last few seconds to enter their bid during the auto-extension period to
avoid complications related with internet connectivity, network problems, system crash down,
power failure, etc. The above process will continue till no. of times extension is given during
Reverse Auction. All bidders, regardless of their previous position, can submit their bid during
the extension period also.
11. Bidding currency and unit of measurement: Bidding will be conducted in Indian Rupees as
indicated in the tender.
12. Validity of bids: Price shall be valid for a period of six months from the date of opening
techno-commercial bid. These shall not be subjected to any change whatsoever.
13. Bidders’ bid will be taken as an offer to execute the work (or to award supply of the item) as per
Enquiry/NIT no. .................… dt. ........…. Bids once made by the bidder, cannot be
cancelled/withdrawn and bidder shall be bound to execute as mentioned above at bidder’s final
bid price. Should bidder back out and not execute the contract as per the rates quoted, action
shall be initiated by DVC as per the tender terms and conditions.
14. DVC decision on award of contract shall be final and binding on all the bidders.
15. DVC reserves the right to extend, reschedule or cancel the Reverse Auction process at any
time, before ordering, without assigning any reason, with intimation to bidders.
16. DVC reserves the right to suspend or pause the reverse auction, if required. In such cases, as
per discretion of DVC, auction may be reopened.
17. DVC shall not have any liability to bidders for any interruption or delay in access to the site
irrespective of the cause. In such cases, the decision of DVC shall be binding on the bidders.
18. Failure of power or loss of connectivity at the premises of bidders during the Reverse auction
cannot be the cause for not participating in the reverse auction. On account of this, the time for
the auction cannot be extended and DVC is not responsible for such eventualities.
19. Other terms and conditions shall be as per NIT.
20. Bidder shall not divulge bids or any other exclusive details of DVC to any other party. If the
bidder or any of its representatives are found to be involved in Price manipulation/cartel
formation of any kind, directly or indirectly by communicating with other bidders, action will be
taken by DVC against such bidders as per banning procedure of the organisation.
21. Tender price bid (s) means the price bid (s) received during tendering for the
items/work/services.
22. Auction closing price bid means the lowest online price bid received after the completion of
Reverse Auction.
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(VI) SPECIAL TERMS & CONDITIONS OF THE CONTRACT

1.0 PRICE BASIS: Rate shall remain FIRM throughout the contract period.
2.0 TAX & DUTIES: Price mentioned in our BOQ is only basic value of works. Therefore, GST will be
paid extra at actual.
3.0 BID DISCLOSURE: If any price component related to subject NIT in full or in part is exposed and
found with its techno-commercial offers, the offer shall out rightly be rejected and will not be
considered further.
4.0 BID EVALUATION PROCEDURE: Bid evaluation will be done Summery Wise.
5.0 LD CLAUSE AND RISK PURCHASE CLAUSE: DVC reserves the right to recover a sum
equivalent to 0.5% of the delayed work for each week of delay or part thereof subject to maximum
of 5% of the total value of the order as Liquidated Damage due to delay in completion of work
attributable to the contractor.
(ii) Alternatively, the Purchaser reserves the right to purchase the material from elsewhere at the
sole risk and cost of the Vendor and recover all such extra cost incurred by the Purchaser in
procuring the material by the above procedure.
(iii) Alternatively, the Purchaser may cancel the Order completely or partly without prejudice to
his right under the alternatives mentioned above
(iv) In the event of recourse to alternative (ii) and (iii) above, the Purchaser will have the right to
repurchase the stores, to meet urgency in requirement caused by Vendors failure to comply
with the schedule of delivery irrespective of the fact whether the materials are similar or not.
6.0 TRANSIT INSURANCE: Arrangements for Transit insurance will not be made by DVC. If insurance
is arranged by you without our prior written approval, expenses will not be met by us.
7.0 PAYMENT TERMS FOR WORKS:
i) 90 % payment shall be made against quarterly bills on presentation of bills in triplicate

prereceipted in original copy after statutory deduction as applicable subject to satisfactory
completion of the jobs duly certified by the Engineer-in-Charge
ii) Balance 10% shall be paid after expiry of the contract period.
8.0 SECURITY DEPOSIT-CUM-PERFORMANCE GUARANTEE:
i) Security Deposit may be given in the form of BG of 10% ordered value or 10% ordered value
in Advance in the form of Bank Draft.
No Security Deposit-cum-Performance Guarantee is required for contract value upto Rs. 10

lacs.
ii) The successful tenderer will have to deposit as security, for satisfactory execution
of the order, and for guaranteed performance of the supplied item/executed works or
services for an amount equivalent to 10% of the ordered value in the form of Bank
Guarantee (as per DVC format enclosed) to be submitted within 30 days from the date
of issuance of work order from any Nationalized/Scheduled Bank.
OR
10% ordered value in Advance Bank Draft
OR
Pro-rata deduction @ 10% from the running bill.

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iii) In case of submission of BG, it should have validity covering the entire
Warranty/Guaranty period plus 6 months claim period after despatch of materials/
completion of work. The amount so deducted /accepted as SDBG will be released to the
contractor after expiry of warranty/guarantee period of the work/supplied items as mentioned
in the contract. No payment, whatsoever will be made till the acceptance of SDBG. In case
banks refuse to issue BGs having Claim Period separately, the validity period of those
BGs may be taken as warranty period plus six months.
iv) Pro-rata deduction @ 10% from RA bills is also allowed towards Security Deposit. The
Security Deposit will be refunded after completion of the warranty/guarantee period as
mentioned in the contract and furnishing documents in compliance to payment of all dues in
respect wages, EPF, ESI etc.
v) SSI Units registered with NSIC, under its single point registration scheme, are exempted
from depositing Security Deposit for ordering value upto the monetary limit for which the unit is
registered. Small-scale industries seeking such exemption must enclose valid registration
certificate from appropriate Govt. authority giving details such as validity, stores, monetary
limit etc. failing which exemption will not be granted. However, these SSI units will have to
submit Performance Guarantee for the materials to be supplied.
The G.C.C. is available at DVC website: www.dvc.gov.in.
vi) MSEs registered with MSME / NSIC are required to deposit security deposit
cum performance guarantee in the form as mentioned in NIT.
9.0 VALIDITY OF THE CONTRACT: Five Year from the date of placement of rate contract.
10.0 PAYING AUTHORITY : The Invoice/ Bill in triplicate, original duly pre-receipted with revenue
stamp, is to be raised in the name of " Engineer In charge " and submitted to the Deputy Chief
engineer, IT Cell office with copies of bank guarantee (SDBG) acceptance letter (if applicable) etc.
for initiating payment action.
Paying Authority is “The Sr. Manager (Finance), W&A, DVC, Head Quarter, DVC
Towers, VIP Road, Kolkata-700054”.
11.0 LIMITATIONS OF LIABILITY: Except in cases of Criminal Negligence or wilful misconduct,
i. The Contractor and The Employer shall not be liable to the Other Party for any indirect or
consequential loss or damage, loss of use, loss of production, or loss of profits or Interest costs,
provided that this exclusion shall not apply to any obligation of the Contractor to pay liquidated
damages to the Employer AND
ii. The aggregate liability of the Contractor to the Employer, whether under the Contract, in tort or
otherwise, shall not exceed the total Contract Price, provided that this limitation shall not apply to
the cost of repairing or replacing defective equipment, or to any obligation of the Contractor to
indemnify the Employer with respect to patent infringement, copy right, workman compensation.
12.0 FORCE MAJEURE: The Power Trader shall not be considered in default in the events of force
majeure will occur due to causes beyond his control such as acts of God, natural calamities, civil
wars, fire, strike, frost, flood, riot and acts of unsurpassed power. Only those causes which have
duration of more than seven (7) days shall be considered cause of force/calendar majeure. A
notification to this effect duly certified by the statutory authorities shall be given by the Power Trader
to DVC within 10 days from the date of such Force Majeure condition by registered letter. In the
event of delay due to such causes, the delivery schedule will be extended for a length of time equal
to the period of force majeure or at the option of DVC the contract may be cancelled. Such
cancellation would be without any liability whatsoever on the part of the DVC. In the event of such
cancellation, the Power Trader shall refund any amount advanced or paid to the Power Trader by
Page - 29 -of 52
DVC and delivery back any material/documents issued to Power Trader by DVC and release
facilities, if any, provided by DVC.
However, applicability of Force Majeure clause in respect to a particular contract in the above
backdrop is to be decided by Tender Accepting Authority of DVC.
13.0 GOVERNING LAWS:
The Contract shall be governed and interpreted in accordance with laws inforce in India. The Court
in the City of Kolkata {South 24- Parganas, New Alipore Court (India)}only shall have exclusive
jurisdiction in all matters arising under the contract.
14.0 SETTLEMENT OF DISPUTES & ARBITRATION:
Any dispute(s) or difference(s) arising out of this NIT & subsequent contract shall, to the extent
possible, be settled amicably between DVC and the Power Trader.
In the event of any dispute or difference whatsoever arising under the NIT & subsequent contract or
in connection therewith including any question relating to existence, meaning and interpretation of
the contract or any alleged breach thereof, the same shall be referred to the Chairman of Damodar
Valley Corporation, Kolkata-54 or to a person nominated by him for arbitration. The Arbitration shall
be conducted in accordance with the provisions of arbitration and conciliation law 1996 or latest and
the decision/ judgment of Arbitrator/Arbitrators shall be final and binding on both DVC and the
contractor.
However, in case the Power Trader will be a Central Public Sector Enterprise/ Govt. Department,
the dispute arising between DVC and the Power Trader shall be settled through Permanent
Arbitration Machinery (PAM) of the Department of Public Enterprise, Govt. of India as per prevailing
rules.
All suits arising out of the NIT & subsequent Contract, If any, are subject jurisdiction of Court in the
City of Kolkata {South 24- Parganas, New Alipore Court (India)} only and no other Court, when
resolution/settlement through mutual discussion and arbitration fails.
15.0 AGREEMENT:
The successful bidder shall have to execute the contract agreement in line with the
DVC’s prescribed format within15 (fifteen) days from the date of placement of order.
16.0 TERMINATION OF CONTRACT :
12.1 TERMINATION FOR EMPLOYER’S CONVENIENCE :
12.1.1 The Employer (i.e. DVC) may at any time terminate the Contract for any reason by giving the
Contractor a notice of termination that refers to this Sub-Clause 12.1.
12.1.2 Upon receipt of the notice of termination under Sub-Clause 12.1.1, the Contractor shall either
immediately or upon the date specified in the notice of termination
(a) cease all further work, except for such work as the Employer may specify in the notice of
termination for the sole purpose of protecting that part of the Facilities already executed, or any
work required to leave the Site in a clean and safe condition.
(b) Terminate all subcontracts, except those to be assigned to the Employer pursuant to paragraph
(d)(ii) below.
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(c) Remove all Contractor’s Equipment from the Site, repatriate the Contractor’s and its
Subcontractors’ personnel from the Site, remove from the Site any wreckage, rubbish and debris
of any kind, and leave the whole of the Site in a clean and safe condition.
(d) In addition, the Contractor, subject to the payment specified in Sub-Clause 12.1.3, shall
(i) Deliver to the Employer the parts of the Facilities executed by the Contractor up to the date of
termination.
(ii) To the extent legally possible, assign to the Employer all right, title and benefit of the Contractor
to the Facilities and to the Plant and Equipment as at the date of termination, and, as may be
required by the Employer, in any subcontracts concluded between the Contractor and its
Subcontractors.
(iii) Deliver to the Employer all non-proprietary drawings, specifications and other documents
prepared by the Contractor or its Subcontractors as at the date of termination in connection with
the Facilities.
12.1.3 In the event of termination of the Contract under Sub-Clause 12.1.1, the Employer shall pay to the
Contractor the following amounts:
(a) the Contract Price, properly attributable to the parts of the Facilities executed by the Contractor
as of the date of termination.
(b) the costs reasonably incurred by the Contractor in the removal of the Contractor’s Equipment
from the Site and in the repatriation of the Contractor’s and its Subcontractors’ personnel.
(c) any amounts to be paid by the Contractor to its Subcontractors in connection with the
termination of any subcontracts, including any cancellation charges.
(d) costs incurred by the Contractor in protecting the Facilities and leaving the Site in a clean and
safe condition pursuant to paragraph (a) of Sub-Clause 12.1.2.
(e) the cost of satisfying all other obligations, commitments and claims that the Contractor may in
good faith have undertaken with third parties in connection with the Contract and that are not
covered by paragraphs (a) through (d) above.
12.2 TERMINATION FOR CONTRACTOR’S DEFAULT :
12.2.1 The Employer, without prejudice to any other rights or remedies it may possess, may terminate the
Contract forthwith in the following circumstances by giving a notice of termination and its reasons
therefore to the Contractor, referring to this Sub-Clause 12.2 :
(a) if the Contractor becomes bankrupt or insolvent, has a receiving order issued against it,
compounds with its creditors, or, if the Contractor is a corporation, a resolution is passed or order
is made for its winding up (other than a voluntary liquidation for the purposes of amalgamation or
reconstruction), a receiver is appointed over any part of its undertaking or assets, or if the
Contractor takes or suffers any other analogous action in consequence of debt.
(b) if the Contractor assigns or transfers the Contract or any right or interest therein in violation of
the provision of contract.
(c) if the Contractor, in the judgement of the Employer has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract.
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For the purpose of this Sub-Clause:
"corrupt practice" means the offering, giving, receiving or soliciting of anything of value to influence
the action of a public official in the procurement process or in contract execution.
"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 Employer 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 Employer of the benefits of free and open
competition.
12.2.2 If the Contractor
(a) has abandoned or repudiated the Contract
(b) has without valid reason failed to commence work on the Facilities promptly or has suspended
(other than pursuant to Sub-Clause 12.2) the progress of Contract performance for more than
twenty-eight (28) days after receiving a written instruction from the Employer to proceed
(c) persistently fails to execute the Contract in accordance with the Contract or persistently
neglects to carry out its obligations under the Contract without just cause.
(d) refuses or is unable to provide sufficient materials, services or labour to execute and complete
the Facilities in the manner specified in the program furnished at rates of progress that give
reasonable assurance to the Employer that the Contractor can attain Completion of the Facilities
by the Time for Completion as extended then the Employer may, without prejudice to any other
rights it may possess under the Contract, give a notice to the Contractor stating the nature of the
default and requiring the Contractor to remedy the same. If the Contractor fails to remedy or to
take steps to remedy the same within fourteen (14) days of its receipt of such notice, then the
Employer may terminate the Contract forthwith by giving a notice of termination to the Contractor
that refers to this Sub-Clause 12.2.
12.2.3 Upon receipt of the notice of termination under Sub-Clauses 12.2.1 or 12.2.2, the Contractor shall,
either immediately or upon such date as is specified in the notice of termination,
(a) cease all further work, except for such work as the Employer may specify in the notice of
termination for the sole purpose of protecting that part of the Facilities already executed, or any
work required to leave the Site in a clean and safe condition
(b) terminate all subcontracts, except those to be assigned to the Employer pursuant to paragraph
(d) below
(c) deliver to the Employer the parts of the Facilities executed by the Contractor up to the date of
termination
(d) to the extent legally possible, assign to the Employer all right, title and benefit of the Contractor
to the Works and to the Plant and Equipment as at the date of termination, and, as may be
required by the Employer, in any subcontracts concluded between the Contractor and its
Subcontractors
(e) deliver to the Employer all drawings, specifications and other documents prepared by the
Contractor or its Subcontractors as at the date of termination in connection with the Facilities.
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12.2.4 The Employer may enter upon the Site, expel the Contractor, and complete the Facilities itself or
by employing any third party. The Employer may, to the exclusion of any right of the Contractor
over the same, take over and use with the payment of a fair rental rate to the Contractor, with all
the maintenance costs to the account of the Employer and with an indemnification by the
Employer for all liability including damage or injury to persons arising out of the Employer’s use of
such equipment, any Contractor’s Equipment owned by the Contractor and on the Site in
connection with the Facilities for such reasonable period as the Employer considers expedient for
the supply and work of the Facilities.
Upon completion of the Facilities or at such earlier date as the Employer thinks appropriate, the
Employer shall give notice to the Contractor that such Contractor’s Equipment will be returned to
the Contractor at or near the Site and shall return such Contractor’s Equipment to the Contractor in
accordance with such notice. The Contractor shall thereafter without delay and at its cost remove
or arrange removal of the same from the Site.
12.2.5 Subject to Sub-Clause 12.2.6, the Contractor shall be entitled to be paid the Contract Price
attributable to the Facilities executed as at the date of termination, the value of any unused or
partially used Plant and Equipment on the Site, and the costs, if any, incurred in protecting the
Facilities and in leaving the Site in a clean and safe condition pursuant to paragraph (a) of Sub-
Clause 12.2.3. Any sums due to the Employer from the Contractor accruing prior to the date of
termination shall be deducted from the amount to be paid to the Contractor under this Contract.
12.2.6 If the Employer completes the Facilities, the cost of completing the Facilities by the Employer shall
be determined.
If the sum that the Contractor is entitled to be paid, pursuant to Sub-Clause 12.2.5, plus the
reasonable costs incurred by the Employer in completing the Facilities, exceeds the Contract
Price, the Contractor shall be liable for such excess.
If such excess is greater than the sums due to the Contractor under Sub-Clause 12.2.5, the
Contractor shall pay the balance to the Employer, and if such excess is less than the sums due to
the Contractor under Sub-Clause 12.2.5, the Employer shall pay the balance to the Contractor.
The Employer and the Contractor shall agree, in writing, on the computation described above and
the manner in which any sums shall be paid.
12.3 TERMINATION BY CONTRACTOR :
12.3.1 If
(a) the Employer has failed to pay the Contractor any sum due under the Contract within the
specified period, has failed to approve any invoice or supporting documents without just cause
pursuant to Terms and Procedures of Payment of the Contract Agreement, or commits a
substantial breach of the Contract, the Contractor may give a notice to the Employer that
requires payment of such sum, requires approval of such invoice or supporting documents, or
specifies the breach and requires the Employer to remedy the same, as the case may be. If the
Employer fails to pay such sum, fails to approve such invoice or supporting documents or give its
reasons for withholding such approval, fails to remedy the breach or take steps to remedy the
breach within fourteen (14) days after receipt of the Contractor’s notice, or
(b) the Contractor is unable to carry out any of its obligations under the Contract for any reason
attributable to the Employer, including but not limited to the Employer’s failure to provide
possession of or access to the Site or other areas or failure to obtain any governmental permit
necessary for the execution and/or completion of the Facilities which the Employer is required to
Page - 33 -of 52
obtain as per provision of the Contract or as per relevant applicable laws of the country, then the
Contractor may give a notice to the Employer thereof, and if the Employer has failed to pay the
outstanding sum, to approve the invoice or supporting documents, to give its reasons for
withholding such approval, or to remedy the breach within twenty-eight (28) days of such notice,
or if the Contractor is still unable to carry out any of its obligations under the Contract for any
reason attributable to the Employer within twenty-eight (28) days of the said notice, the
Contractor may by a further notice to the Employer referring to this Sub-Clause 12.3.1, forthwith
terminate the Contract.
12.3.2 The Contractor may terminate the Contract forthwith by giving a notice to the Employer to that
effect, referring to this Sub-Clause 12.3.2, if the Employer becomes bankrupt or insolvent, has a
receiving order issued against it, compounds with its creditors, or, being a corporation, if a
resolution is passed or order is made for its winding up (other than a voluntary liquidation for the
purposes of amalgamation or reconstruction), a receiver is appointed over any part of its
undertaking or assets, or if the Employer takes or suffers any other analogous action in
consequence of debt.
12.3.3 If the Contract is terminated under Sub-Clauses 12.3.1 or 12.3.2, then the Contractor shall
immediately
(a) cease all further work, except for such work as may be necessary for the purpose of
protecting that part of the Facilities already executed, or any work required leaving the Site in a
clean and safe condition
(b) terminate all subcontracts, except those to be assigned to the Employer pursuant to
paragraph (d)(ii)
(c) remove all Contractor’s Equipment from the Site and repatriate the Contractor’s and its
Subcontractor’s personnel from the Site
(d) In addition, the Contractor, subject to the payment specified in Sub-Clause 12.3.4, shall
(i) deliver to the Employer the parts of the Facilities executed by the Contractor up to the date of
termination
(ii) to the extent legally possible, assign to the Employer all right, title and benefit of the
Contractor to the Facilities and to the Plant and Equipment as of the date of termination, and, as
may be required by the Employer, in any subcontracts concluded between the Contractor and its
Subcontractors
(iii) deliver to the Employer all drawings, specifications and other documents prepared by the
Contractor or its Subcontractors as of the date of termination in connection with the Facilities.
12.3.4 If the Contract is terminated under Sub-Clauses 12.3.1 or 12.3.2, the Employer shall pay to the
Contractor all payments specified in Sub-Clause 12.1.3, and reasonable compensation for all
loss or damage sustained by the Contractor arising out of, in connection with or in consequence
of such termination.
12.3.5 Termination by the Contractor pursuant to this Sub-Clause 12.3 is without prejudice to any other
rights or remedies of the Contractor that may be exercised in lieu of or in addition to rights
conferred by Sub-Clause 12.3.
12.4 In this Clause 12, the expression “Facilities executed” shall include all work executed, Installation
Services provided, any or all Plant and Equipment acquired (or subject to a legally binding
obligation to purchase) by the Contractor and used or intended to be used for the purpose of the
Facilities, up to and including the date of termination.
Page - 34 -of 52
12.5 In this Clause 12, in calculating any monies due from the Employer to the Contractor, account
shall be taken of any sum previously paid by the Employer to the Contractor under the Contract,
including any advance payment paid pursuant to Terms and Procedures of Payment to the
Contract Agreement.
17.0 Other Terms and conditions which are not specifically mentioned in the Terms and conditions of the
NIT shall be guided by DVC’s G.C.C as per applicability. Bidders are requested to visit Website
www.dvc.gov.in and www.dvctender.com for getting DVC’s G.C.C.
18.0 ACCEPTANCE:
On receipt of the copy of Contract, the power trader shall have to return the duplicate copy of
Contract duly signed on each page with date and seal of their firm, to the order issuing authority as
a mark of unconditional acceptance, within 07 (Seven) days from the date of issuance of the
Contract.
Superintending Engineer (E)

Contract & Materials Department
For & on behalf of Damodar Valley Corporation
(VII) GENERAL CONDITIONS OF CONTRACT (GCC - 2016)

(Uploaded along with this NIT)
Page - 35 -of 52
(VIII) CHECK LIST (FOR SUBMISSION/UPLOADING OF DOCUMENTS)
1. Bidder shall require to submit cost of tender document and Bid Security/EMD (as per prescribed
form) or duly self authenticated copy of valid MSME/NSIC Certificate (if applicable) towards
exemption of Cost of Tender Documents & Bid Security/EMD, in a separate sealed envelope
marked as Envelope “A” and super scribed on it NIT No. along with Bidder’s name & address and
the same is to be sent/submitted to “The Chief Engineer (C&M), Damodar Valley Corporation,
Contracts & Materials Department, 3rd Floor, DVC Towers, VIP Road, Kolkata-700054” or may be
dropped in the tender box kept at C&M Department, DVC, 3rd Floor, DVC Towers, VIP Road,
Kolkata-700 054 before the date & time set for bid submission (uploading) as per this NIT.
Bidders shall also require to upload the scanned copy of Cost of tender document and Bid
Security/EMD or duly self authenticated copy of valid MSME/NSIC Certificate, at the designated
place in the Central Public Procurement Portal (CPPP) [URL:
https://etenders.gov.in/eprocure/app], along with submission of their offer.
2. Bidders are also required to upload the scanned copy of following documents, at the designated
https://etenders.gov.in/eprocure/app], along with submission of offer.
(a) Letter of Bid (as per format provided in the NIT);
(b) Notarised Affidavit in Non Judicial stamp paper (as per format provided in the NIT);
(c) Notarised Power of Attorney in Non Judicial stamp paper (as per format provided in the
NIT);
(d) Mandate Form for Payment in Electronic Mode (as per format provided in the NIT) along with
a cancelled cheque;
(e) Certificate In Respect of Validity of Offer/Bid (as per format provided in the NIT);
(f) No Relationship Certificate (as per format provided in the NIT);
(g) Format for Acceptance of Commercial Terms, General Terms and Conditions and all
other Terms of the NIT (as per format provided in the NIT);
(h) Duly self authenticated copy of PAN Card;
(i) Duly self authenticated copy of GST Registration Certificate;
(j) Duly self authenticated copy of Valid Company registration certificate (in case of Private
Limited Company or Public Limited Company) or Partnership deed (in case of Partnership firm)
or Affidavit (in case of sole proprietorship firm), Joint deed of undertaking along with other
relevant documents (in case of associates/JVC) etc. as the case may be;
3. Bidders are also required to upload the scanned copies of following documents in support
of the eligibility criteria /compliance to the Qualifying Requirements (QR), at the designated
https://etenders.gov.in/eprocure/app], along with submission of offer.
****
Page - 36 -of 52
(IX) PROFORMA FOR LETTER OF BID

(to be printed on the letter head of bidder)
Letter of Bid
To
The
Sub : ‘ ’
Ref: 1. NIT No: ‘………………………………………………………………………………...’

2. Tender Id No: ‘……………………..…………..’
Dear Sirs,
We offer to execute the work as per our offered rate in accordance with the conditions of the NIT
document as available in the website. The details of the application fee/cost of Tender document
and EMD being submitted by us has been furnished on-line.
I/We are a Micro/ Small Enterprise covered under the provision of Micro Small and Medium
Enterprises Act’2006 and registered with the authority of the State Government.
OR
I/We are not covered under the provision of Micro Small and Medium Enterprise Act, 2006.
This Bid and our written acceptance of it shall constitute a binding contract between us. We
understand that you are not bound to accept the lowest or any bid you receive.
We hereby confirm our acceptance of all the terms and conditions of the NIT document
unconditionally.
Yours faithfully,
(Signature of Bidder OR
Authorised person of bidder OR
DSC Holder bidding online with authorisation from bidder)
1. Name of Authorised Signatory :

2. Type of Authorisation :
3. Name of the Bidder :
4. Address :
5. e-Mail Address :
6. Mobile Number :
7. FAX Number :
8. Telephone Number :
9. Place :
10. Date :
Page - 37 -of 52
(X) PROFORMA FOR AFFIDAVIT TO BE SUBMITTED BY THE BIDDER

(for genuineness of the information furnished on-line and authenticity of the documents
produced before Tender Committee for verification in support of his eligibility)
[on Non Judicial Stamp Paper (minimum value of Rs.10)]
AFFIDAVIT
I/We, ----------------------------------------------------, authorized representative of M/s.

………………………..……………………………………..………………………………………………
….. solemnly declare that :
1. I/We am/are submitting tender for -----------------------------------------------------------------------------

----------------------------------------------------------------------- against NIT No. ----------------------------
---------------dated ------------, vide Bid ID -----------------------
2. All information furnished by me/us on-line in respect of fulfillment of eligibility criteria and
qualification information of this Tender is complete, correct and true.
3. I/We and our affiliates is/are not banned/suspended by DVC/Ministry of Power/ Govt. of
India/Department of Power & Non-conventional Energy Sources, Govt. of West
Bengal/Government of West Bengal/Department of Energy, Government of Jharkhand/Govt.
of Jharkhand.
OR
I/We and our affiliates have been banned/suspended by DVC/Ministry of Power/Govt. of
India/Department of Power & Non-conventional Energy Sources, Govt. of West Bengal/
Government of West Bengal/Department of Energy, Government of Jharkhand/Govt. of
Jharkhand, named “---------------------------------------” for a period of ……………….year/s,
effective from ……………………… to…………….
4. All scanned copy of documents, wherever applicable, uploaded by me / us in support of the

information furnished online by me / us towards eligibility are valid and authentic.
5. I/We are a Micro/ Small Enterprise covered under the provision of Micro Small and Medium
Enterprises Act’2006 and registered with the authority of the State Government.
OR
I/We are not covered under the provision of Micro Small and Medium Enterprise Act, 2006.
6. If any information furnished by me / us online and scanned copy of documents uploaded in

support of the information by me / us towards eligibility is found to be false / incorrect at any
time, DVC may cancel my Tender and penal action as deemed fit may be taken against me /
us , including termination of the contract , forfeiture of Earnest Money and banning / delisting
of our firm and all partners of the firm for a minimum period of 01 (one) year.
Signature of the Tenderer

Dated:
Signature and Seal of Notary
Page - 38 -of 52
(XI) PROFORMA FOR POWER OF ATTORNEY

(To be submitted by the Digital Signature Certificate Holder)
(On Non Judicial Stamp Paper)
TO WHOM IT MAY CONCERN
This is to certify that <Name of DSC Holder> of M/s. <Name of participating Firm / Company>
has the authority to sign the bids using his digital signature and any document (s) in hardcopy
pertaining to DVC Tender No. …………….. dated ………….. using his official usual signature and
the bid shall be binding upon us during the full period of its validity.
Signature of <Name of DSC Holder> is duly attested hereunder.
Thanking you
Yours faithfully
………………………………………..
<Signature of the Attesting Authority of the Company>
Signature of <Name of DSC Holder> of M/s. <Name of participating Firm / Company>
Attested by <Name of Attesting Authority>
…………………
…………………
Stamp
Signature and Seal of Notary
Page - 39 -of 52
(XII) Mandate Form for Payment in Electronic Mode

(Details of the person to receive payment)
1. PARTICULARS OF
VENDOR/SUPPLIER/CONTRACTOR
(Please Specify)
A NAME
B ADDRESS
C E-MAIL
2. PARTICULARS OF BANK ACCOUNT

A BANK NAME
B BANK BRANCH NAME
C ACCOUNT NUMBER (Full)

(As required for electronic
payment/NEFT/RTGS/SEFT)
D BANK ADDRESS WITH TELEPHONE
NO.
E BANK BRANCH CODE, if any
F 9 - DIGIT MICR CODE NUMBER OF

THE BANK & BRANCH, if any
(Appearing on the MICR Cheque issued
by the bank)
(Enclose a copy of cancelled cheque)
G ACCOUNT TYPE
(S. B. Account/Current A/C or Cash
Credit)
H Ledge No. Ledge Folio No.
I IFSC CODE FOR NEFT, if any
(Indian Financial System Code for NEFT)
(To be obtained from respective Banker)
J IFSC CODE FOR RTGS, if any
(Indian Financial System Code for RTGS)
(To be obtained from respective Banker)
I hereby declare that the particulars given above are correct and complete. If the transaction is
delayed or not effected at all for reasons of incomplete or incorrect information, I would not hold the
DVC responsible. I have read the option invitation letter and agree to discharge responsibility
expected of me as a participant under the scheme.
Date :
Signature of the Vendor/Supplier/Contractor with seal of the firm
Name and Address
Certified that the particulars furnished above are correct as per our records.
Signature of the Authorised official from the Bank
Page - 40 -of 52
(XIII) CERTIFICATE IN RESPECT OF VALIDITY OF OFFER/BID

To
The
Sub : Validity of Offer.
Ref: 1. NIT No. : ‘………………………………………………………………………………...’

2. Tender Id No. : ‘……………………..…………..’
Dear Sir,
We hereby confirm that our offer shall remain valid for 180 days from the date of opening of
techno-commercial bid against the above NIT.
Yours faithfully,
………………………………………..
<Signature of the Bidder>
<Name of the Authorized Signatory>
<Seal of the Firm>
Date: .................................................................................
Place………………………………………………………
Page - 41 -of 52
(XIV) FORMAT FOR NO RELATIONSHIP CERTIFICATE

This is being certified that I/We have no relative posted in DVC under whose audit/technical
control the work will be executed and that I/We shall intimate the name of persons subsequently
employed by me/us who are near relatives of any employee of DVC. By the terms near relative is
meant wife, husband, parents and grand parents, children and grand children, brother and
sisters, uncles, aunts and cousins and their in-laws.
Yours faithfully,
………………………………………..
<Seal of the Firm>
Date: .................................................................................
Place………………………………………………………
Page - 42 -of 52
(XV) Format for Acceptance of Commercial Terms, General Terms and Conditions and all
other Terms of the NIT
(To be submitted on bidder’s Letter Head)
We _____________________________________________________________(Bidder Name)
having registered office at ________________________________________________
_________________________________________________________ (address) agree to all
the Commercial, General & other Terms & Conditions listed in the NIT No. ____
_________________________________________________ dated ________________
for__________________________________________ (item) through ReverseAuction.
We confirm that we are in a position to execute the work and complete the job as per the NIT.
We have also understood the Reverse Auction Process and the Reverse Auction rules and
special instructions given in the NIT. We agree to participate in the Reverse Auction and abide by
the rules.
We nominate an executive, whose details are given below, to put the bids on our behalf.
The details of the person authorized to bid on our behalf are as follows:
Name & Designation:
e-mail ID :
Contact Phone Nos. :
Address :
Yours faithfully,
………………………………………..

<Seal of the Firm>
Date: .................................................................................
Place………………………………………………………
Page - 43 -of 52
(XVI) FORMAT OF CONTRACT AGREEMENT
(on Non Judicial stamp paper)
DAMODAR VALLEY CORPORATION
AGREEMENT
AN AGREEMENT made and entered into this…………. day of ............ 2019 by and between M/s
DAMODAR VALLEY CORPORATION (DVC), ________________________________________
(Name of the Power Station/Hydel Station/Field Formations) of the FIRST PART (which
expression shall unless repugnant to the context be deemed to include its successors or assigns)
and M/s………………………………...(with address) of the SECOND PART (which expression
shall unless repugnant to the context or meaning thereof be deemed to include its successors or
assigns.)
WHEREAS the aforesaid Party of the First Part invited tenders for the work of
________________________________ (Name of the work).
WHEREAS the tender of the Party of the Second Part was accepted and the work was awarded
to the Party of the Second Part by letter no._________________________
AND WHEREAS the Party of the Second Part has accepted the work order aforesaid in their
letter No. __________________________________
Now the Agreement, witnessed and it is hereby agreed by and between the parties as follows:
I. This Agreement is a contract for service, consisting of Clauses 1 to 20, inclusive of

Annexure hereto and NIT/LOA/LOI/Work Order.
II. In consideration of the payments to be made by the Party of the First Part to the Party of the
Second Part, the Party of the Second Part hereby covenants to carry out the work of
____________________ (Name of the work). The Party of the First Part hereby covenants
to pay to the Party of the Second Part in consideration of the aforesaid work, as provided in
the Agreement.
Page - 44 -of 52
1. DEFINATIONS:-
a) “Agreement shall be effective from the date of commencement of work as per LOA/LOI/Work
Order/Annual Rate Contract”.
b) “Payment” shall mean the amount payable as specified in Clause 10.
c) “Premises” shall mean the premises as per NIT/Work Order/Annual Rate Contract”.
d) “Notice” shall mean Notice complied with the terms of Clause 16.
e) “Services” shall mean the detailed scope of work as per NIT/Work Order/Annual Rate
Contract”.
f) “Terms & Conditions” shall mean the terms and conditions which are in the NIT and its
subsequent amendments and the terms and conditions mentioned herein after and is binding
on the parties.
2. OBLIGATIONS OF THE PARTY OF THE SECOND PART
a) The Party of the Second Part shall provide services as agreed upon and set out in the Work
Order/Annual Rate Contract for the term of the Agreement or until it is terminated in accordance
with the clauses of this Agreement.
b) The Party of the Second Part shall obtain at his own cost necessary permits or licenses etc as
required under the various laws whether Central, State or Local from time to time for performing
and rendering services and the Party of the First Part shall not take any liability whatsoever in
this regard.
(i) The Party of the Second Part has to obtain licenses/permits etc. as applicable as mentioned
above at the earliest of signing this Agreement.
(ii) If the licenses/permits etc obtained by the Party of the Second Part are revoked and/or
suspended and/or cancelled by the authority concerned and/or become invalid, the Agreement
shall stand unilaterally terminated.
c) The Party of the Second Part shall at its own cost comply with the provisions of all laws, rules,
orders and regulations and notifications whether Central or State or Local as applicable to him or
to this Agreement from time to time. These Acts/Rules include, without limitations the following:
(i) The Minimum Wages Act, 1948 & Rules and Orders and Notifications issued there under from
time to time;
(ii) The Contract Labour (Regulation & Abolition) Act, 1970 with Rules, Orders and Notification
made there under;
(iii), The Industrial Disputes Act, 1947 with Rules, Orders and Notifications issued there under
from time to time;
(iv) The Workmen’s Compensation Act, 1923 with Rules, Orders and Notifications there under
issued from time to time;
(v) The Payment of Gratuity Act, 1972 with Rules, Orders and Notifications issued there under
from time to time;
Page - 45 -of 52
(vi) The Payment of Wages Act, 1936 with Rules, Orders and Notifications issued there under
from time to time;
(vii) The Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 with Rules, Orders
and Notifications issued there under from time to time;
(viii) The Factories Act, 1948 with Rules, Orders and Notifications issued there under from time
to time;
(ix) The Employees State Insurance Act, 1948 with Rules, Orders and Notifications issued there
under from time to time.
(x) All other Acts/Rules/Regulations, Bye-laws, Order, Notifications etc. already in vogue or may
be enacted in future by the legislation or present or future Applicable to the Party of the Second
Part from time to time for performing the aforesaid services.
The Party of the Second Part shall produce the requisite Compliance Report to the Party of the
First Part from time to time or as prescribed in the abovementioned laws.
d) The Party of the Second Part shall undertake the services as per details given in Work
Order/Annual Rate Contract attached to this Agreement. The Party of the Second Part shall also
comply with other instructions, if any, given in writing by the authorized representative of the
Party of the First Part to the Party of the Second Part or to his authorized representative for
performing the aforesaid services.
e) The performance of service by the Party of the Second Part shall be of highest order/standing
and competence.
f) The Party of the First Part may terminate this Agreement if the performance of services by the
Party of the Second Part is not up to specified standard and if the Party of the Second Part fails
to comply with the laws mentioned hereinbefore. The decision of the Party of the First part in this
respect shall be absolute and final.
3. DEPLOYMENT OF EMPLOYEES BY THE PARTYOF THE SECOND PART
a) The Party of the Second Part as and when required shall deploy his own employees for
rendering satisfactory services.
b) There shall not subsist in any manner whatsoever any employer-employee relationship
between the Party of the First Part and the workmen/employees employed and as and when
deployed by the Party of the Second Part or the Party of the Second Part himself. The Party of
the Second Part shall be responsible for appointments, payment of wages, compliances with all
statutory formalities relating to the workmen/employees employed and deployed by it.
c) The Party of the Second Part shall conduct the work in the manner prescribed by the Party of
the First Part and in the event of any deviation there from, the Party of the Second Part shall be
responsible to make good the same within ________ (need based to be incorporated) from
being intimated by the Party of the First Part. The Party of the Second Part shall supervise and
control the manner and mode of working and also the working of the workmen as and when
deployed and there shall not be any supervision and control by the Party of the First Part over
the employees/workmen employed by the Party of the Second Part.
d) The workmen/employees engaged and deployed by the Party of the Second Part shall
observe discipline at all times and maintain decency and decorum during the course of their
Page - 46 -of 52
employment and the Party of the Second Part shall be fully responsible for the said
workmen/employees.
e) The payment of wages, ESI, PF, bonuses and other benefits to the employees of the Party of
the Second Part shall be the exclusive responsibility of the Party of the Second Part and the
employees shall have no claim whatsoever on the Party of the First Part.
f) The Party of the Second part as an when deploy workmen Party of the Second part shall
maintain a Register of persons employed under him and issue Employment Photo Identity
Cards to each worker within three days of employment and a copy of the same to be submitted
with the Party of the First Part within seven days there from.
g) The Party of the Second part as and when employed workman shall also maintain all statutory
register viz. register of wages, muster roll register of deductions, register of overtime register of
fines, register of advances, wage slip and any other registers required to be maintained under
the statute and shall give inspection of the same to the Party of the First Part on demand.
h) The Party of the Second part as and when employed workman shall make the Payment of
wages and other conditions of employment in respect of workmen employed and deployed by the
Party of the Second Part in conformity with statutory requirements and the Party of the First Part
shall be fully protected in all respect in this regard.
i) The Party of the Second part as and when employed workman shall send half-yearly returns to
the Licensing Officer not later than thirty days from the closing of the Half Year.
j) The Party of the Second part as and when employed workman shall be solely and wholly
responsible for the safety & security of the employees employed by the Party of the Second Part.
The Party of the Second Part shall also make adequate provision of insurance for the said
employees at their own cost to cover them against the risk of accident and /or death in harness.
In the event of any accident and/or death in harness, the Party of the Second Part shall pay
proper compensation to the employees as per The Workmen’s Compensation Act, 1923. The
Party of the First Part will have no responsibility whatsoever, and will be kept fully indemnified
and harmless.
k) The Party of the Second Part shall also be responsible for the property of the Party of the First
Part and in case of any damage whatsoever, shall immediately repair/replace the damaged
property at their own cost and arrangement failing which Party of the First Part shall have right to
recover the cost from the Party of the Second Part.
l) The Party of the Second part as and when employed workman in case of any act of indiscipline
on the part of workmen/employees engaged by the Party of the Second Part, the Party of the
Second Part shall take suitable action against the delinquent employees with proper intimation to
the appropriate authority of the Party of the First Part.
m) The workmen/employees of the Party of the Second Part as and when employed by the Party
of the Second Part including himself shall have no right and/or any right to access whatsoever to
claim as an employment with the company of the Party of the First Part.
n) In case the workmen/employees engaged by the Party of the Second Part have any grievance
they shall take it up with the Party of the Second Part without causing any disturbance in the
premises of the Party of the First Part in any manner. Under no circumstances, shall the
Page - 47 -of 52
workmen engaged by the Party of the Second Part initiate or take part in any agitation or
demonstration against the Party of the First Part.
o) If the process forming part of this Agreement is abolished by any provision of law or under
Sec.10 of the Contract Labour (R&A) Act, 1970 the workmen/employees of the Party of the
Second Part shall not become the employees of the Principal Employer i.e. Party of the first Part.
p) During the terms of this Agreement the Party of the Second Part shall be an independent
employer and not in any manner has any employer - employee relationship with the Party of the
First Part and that of Principal to Principal.
4. OBLIGATIONS OF THE PARTY OF THE FIRST PART
a) The Party of the First Part shall permit the duly authorized workmen of the Party of the Second
Part at all convenient times to enter into and upon the premises only on presentation of the
approved gate passes as mentioned below, for the purpose of carrying out their work.
b) The Party of the First Part shall make to the Party of the Second Part all payments, as per
Clause 10, throughout the term of this Agreement or so long the Agreement subsists or the Party
of the Second Part performs its obligation under this Agreement.
5. COMPLETION
The Work shall be deemed to have been completed on expiry of period of this Agreement and
release of final payment to the Party of the Second Part by the Party of the First Part.
6. PENALTY:
In terms of the General Terms of the Contract clause ________ (as applicable) and NIT.
7. DELEGATION
As Applicable.
8. INDEMNITY
Party of the Second Part covenants and agrees to fully protect and hold the Party of the First
Part, its employees and agents harmless against any claim, demand, actions, suits, proceedings,
judgment, liabilities, costs, expenses, damages or losses.
9. BILLS
The Party of the First Part reserves the right to require the Party of the Second Part to submit
documentary evidence in support of the bills, including details of the work done, duly supported
by the Certificate from the representative of the Party of the First Part in the first week of the
following month. Party of the First Part also reserves the right to make at the earliest opportunity
any adjustment which may be pending from the previous months.
10. PAYMENT
As per the relevant clauses of work order/NIT.
11. DURATION OF THE AGREEMENT
a) This Agreement shall be effective from the date of commencement of the work as per the
Work Order.
Page - 48 -of 52
b) The Agreement shall be deemed to expire on completion of the work and on compliance of
all the statutory obligations by the Party of the Second Part as provided in for in the agreement,
unless extended by both the parties in writing.
12. CANCELLATION/TERMINATION
As per the General Conditions of the Contract.
13. CONSEQUENCES OF TERMINATION

a) In the event of this Agreement being determined whether by efflux of time or notice or breach
or otherwise, the Party of the Second Part shall forthwith return to the Party of the First Part all
the papers, books or other articles belonging to the Party of the First Part.
b) In the event of termination of this Agreement, the rights and obligations of the parties thereto
shall be settled by mutual discussion. The financial settlement shall take into consideration not
only the expenditure incurred but also the expenditure committed by the Party of the First Part.
c) In the event of termination of this Agreement, the Party of the Second Part shall be liable to
refund the amount, if any, paid in advance to it by the Party of the First Part.
d) Either Party shall be entitled to exercise any one or more of the rights and remedies given to it
under the terms of this Agreement and the determination of this Agreement shall not affect or
prejudice such rights and remedies and each party shall remain liable to perform all outstanding
liabilities under this Agreement notwithstanding that the other may have exercised any one or
more of the rights and remedies available against each other.
14. FORCE MAJEURE

As Per the relevant Clause of the General Conditions of the Contract
15. CONFIDENTIALITY
During the tenure of the Agreement and 7 years thereafter the Party of the Second Part
undertake on their behalf and on the behalf of their subcontractors / employees / representatives
/ associates etc to maintain strict confidentiality and prevent disclosure thereof, of all the
information and data exchanged / generated pertaining to the work under this Agreement for any
purpose other than in accordance with the Agreement.
16. NOTICE
Any notice to be served by either party on the other shall be sent by Registered Post and shall be
deemed to have been received by the addressee within 07 days of posting.
17. SETTLEMENT OF DISPUTES AND ARBITRATION
Any dispute(s) or difference(s) arising out of or in connection with this agreement/contract shall, to
the extent possible, be settled amicably between the Party of the First Part & Party of the
Second Part.
In the event of any dispute or difference whatsoever arising under this agreement or in connection
therewith including any question relating to existence, meaning and interpretation of the terms of
the agreement or any alleged breach thereof, the same shall be referred to the Chairman, the
CEO of Damodar Valley Corporation, Kolkata-54 or to a person nominated by him for arbitration.
The Arbitration shall be conducted in accordance with the provisions of Arbitration and
Conciliation Act. 1996 supplemented by any other latest enactment and the decision/judgment of
Page - 49 -of 52
Arbitrator/Arbitrators shall be final and binding on both the parties. The venue of arbitration shall
be at Kolkata.
However, in case the Party of the Second Part is a Central Public Sector Enterprise/Govt.
Department, the dispute arising between the Party of the First Part & Party of the Second
part shall be settled through Permanent Arbitration Machinery (PAM) of the Department of
Public Enterprise, Govt. of India as per prevailing rules.
All suits arising out of NIT, subsequent work order and agreement, if any, are subject to
jurisdiction of Court in the City of Kolkata only and no other Court, when resolution/
settlement through mutual discussion and arbitration fails.
18. AMENDMENTS OF THE AGREEMENT
No amendment or modification of this Agreement shall be valid unless the same is made in
writing by both parties or their authorized representative and specifically stating the same to be
an amendment of this Agreement. The modifications / changes shall be effective from the date
on which they are made/ executed, unless otherwise agreed to.
19. MISCELLANEOUS
a) The Party of the Second Part as and when required shall deploy as many in number -expert
personnel and/or skilled/semi-skilled/unskilled workmen with adequate qualification and
experience having appropriate level of acumen to carry out the job with entire satisfaction of the
Party of the First Part.
b) No child labour shall be engaged by the contractor as per statutory rules of the Govt. of India.
c) The Party of the Second Part as and when employed their employees engaged in the job shall
follow all safety rules at the time of execution of work. It shall be the responsibility of the
contractor to supply all safety equipment necessary to their O&M personnel without any extra
cost to DVC. All statutory rules & regulations shall have to be followed by the contractor during
employment/retrenchment of his workers/employees.
d) As the plant site is a protected area, necessary gate passes with photograph of every
worker/employee of the Party of the Second Part shall be arranged by the Party of the Second
Part with proper intimation to the Party of the First Part. The expenditure of issuing the gate
passes to the workmen shall be borne by the Party of the Second Part. The gate passes shall be
duly signed by the Party of the Second Part with official seal in addition to the signature of the
holder (employee of the Party of the Second Part) and the authorised officer of the Party of the
First Part.
e) In case of sub-letting the contract, the sub-contractor shall be engaged with prior approval of
the Party of the First Part and at full risk of the Party of the Second Part.
f) The Party of the Second Part shall not pay less than the prescribed minimum wages to the
workmen engaged by him under the Minimum Wages Act, 1948 and the Govt. Rules made there
under and subject to revision from time to time. The monthly payment is to be made on the 7th
day of the successive month. The Party of the Second Part shall intimate the disbursement of
payment to the authorized representative of Personnel Dept. of the Party of the First Part on 7th -
10th day of the successive month.
Page - 50 -of 52
g) Legal suits arising out of the Agreement, if any, are subject to the jurisdiction in the Court of
the city of Kolkata and no other Court elsewhere.
h) The workers/employees engaged by the Party of the Second Part should not be under the
influence or addiction of drug/liquor while on duty. It should be obligatory on the part of the Party
of the Second Part to remove any such person from the job whose action or conduct in the
opinion of management of the Party of the First Part is detrimental to its interest.
i) If the Party of the Second Part desires to execute a part of scope of maintenance contract
which are very specialized in nature by engaging a specialized competent group they will have to
obtain approval from the Party of the First Part, furnishing all credentials and requirement of the
manpower strength before their engagement. However, the Party of the First Part reserves the
right to discontinue the same at its discretion.
j) The Party of the Second Part shall fully cooperate with other contractors employed by the Party
of the First Part for associated plant and subsidiary as well as other similar activities and shall
carry out all reasonable directions of the designated Chief Engineer (O&M) of the Party of the
First Part or his authorized representative as the case may be.
k) For contract value above Rupees 15 Crores, both the parties have to sign an Integrity Pact.
20. CHANGE OF ADDRESS
Each Party shall give notice to the other of any change or acquisition of any address or
telephone number or FAX or similar number at the earliest possible opportunity but in any event
within 48 hours of such change or acquisition.
IN WITNESS WHERE OF the parties hereto put their signatures on the date as written above.
SIGNED, SEALED AND DELIVERED
Party of the Second Part Party of the First Part
in the presence of:- in the presence of:
1. 1.
2. 2.
Signature Not Verified

Digitally signed by Ritesh Mandal
Date: 2020.02.10
NOTE :- The other terms & conditions will be incorporated suitably as per the 15:51:13
terms & IST
conditions
Location: eProcurement System for
laid down in the NIT and GCC-2016. Central PSUs
Page - 51 -of 52

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NIT No.

DVC/Tender/Head Quarter/IT CELL/CMM/Works

दामोदर घाटी िनगम

Tender downloading / Bid From 18:00 Hrs. of 10.02.2020

Opening Date & Time of 13.03.2020 at 12.00 Hrs.

The tender will be processed in on-line

NIT COMPRISES OF THE FOLLOWING DOCUMENTS:-

I Notice Inviting Tender (NIT)

II Detailed Scope of Works

III Qualifying Requirement of the Bidders

IV General Information/Instruction to Bidders

V Rules for e-Reverse Auction

VI Special Terms & Conditions of Contract

VII General Conditions of Contract (GCC-2016)

VIII Check List

IX Proforma of Letter of Bid

XI Proforma of Power of Attorney

XII Mandate Form for Payment in Electronic Mode

XIII Certificate in respect of validity of Offer/Bid.

XIV Format for No-Relationship Certificate.

XV Format for Acceptance of Commercial Terms, General Terms and

XVI Format for Contract Agreement

2. Techno-Commercial Parameter Sheet (in Excel Format).

3. Price Bid Schedule (BOQ) in Excel Format.

(I) Notice Inviting Tender (NIT)

NIT No. & Date DVC/Tender/Head Quarter/IT CELL/CMM/Works

Tendered Item Hiring of Internet Leased Line of 100 Mbps at

Estimated cost: Rs. 31,70,129.00 (Rupees Thirty one Lakh

From 18:00 Hrs. of 10.02.2020

Date of Pre Bid Conference 27.02.2020 at 12.00 Hrs.

Opening Date & time for Techno- At 12:00 Hrs. of 13.03.2020.

On the same day of opening of Price Bids, this will

Cost of Tender Documents in INR 2,000/- only (Non-refundable).

Any addendum/corrigendum/extension, if required, pertaining to this NIT will be hosted in Central

Superintending Engineer (E)

(II) SCOPE OF WORKS :

Leased Line technical specifications

SN. Technical Requirement

2 SERVICE LEVEL AGREEMENT (SLA)

3.1 Bidder should have over 25 corporate customer within India.

Minimum Technical Specification of Router

Item Router Specification with 100 Mbps Links

Sl. No. Description Minimum Technical Specification

1 CISCO 4351 Cisco ISR 4351 (3GE 3NIM 2SM 4G FLASH 4G 1

Console Cable 6ft with RJ45 and DB9F 1

Blank faceplate for NIM slot on Cisco ISR 4400 3

Cover for empty POE slot on Cisco ISR 4450 1

Removable faceplate for SM slot on Cisco 2

4G DRAM (2G+2G) for Cisco ISR 4330 4350 1

4G Flash Memory for Cisco ISR 4300 (Soldered on 1

Cisco ISR 4300 Series IOS XE Universal 1

Cisco 4-Port Gigabit Ethernet Switch NIM 1

(III) Qualifying Requirement (QR)

2) Completed works means: The executed/completed/delivered portion of the Work

(IV) General Information/Instruction to the bidders

2.2 DIGITAL SIGNATURE:

1) Bidders are required to register themselves in the Government eProcurement System of

For clarification about e-tendering procedures, downloading & Uploading and

(i) Mr. Sk Nawajesh Rahman, (ii) Miss Armistha Kangsa Banik,

The Mode of Deposit of Earnest Money (EMD) are as follows:-

1. Name of Banker: United Bank of India;

(iii) DVC Bonds duly endorsed in favour of DVC.

Conditions for forfeiture of EMD: