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UJVN LTD.

E - Tender document
Vyasi Project NIT No. 07/EE (E&M-I)/VP/2018-19
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UJVN LTD.
(A Govt. of Uttarakhand Enterprise )

E-TENDER DOCUMENT

FOR

Hiring of 100 MT or above capacity


Crane for construction works at Vyasi Project.

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TABLE OF CONTENTS

Section Description

Section-I Detail Notice Inviting Bids

Section-II Instructions to the Bidders

Special Conditions of Contract


Section-III

Section-IV Technical Specifications

Section-V Forms, Schedules and Securities

Section-VI General Conditions of Contract

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SECTION – I

DETAIL NOTICE INVITING BIDS

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Detail Notice inviting Bids
UJVN Limited, a Public Sector Undertaking of the State Government of Uttarakhand with its
headquarters at “UJJWAL” Maharani Bagh, GMS Road, Dehradun - 248006, in the state of
Uttarakhand in India, invites E-tenders in two separate parts, Part - I (Technical Bid) and (ii) Part-II
(Price Bid) against e-tender specification No. 07/EE(E&M-I)/VP/2018-19 for the “Hiring of 100 MT
or above capacity crane for construction works at Vyasi Project” from the eligible
contractors.
The bid shall be received upto 17:00 hours on 03.07.2018 at the e-procurement portal i.e. at
“http://uktenders.gov.in”. Notice Inviting Bid may also be seen at UJVN Ltd. website
www.ujvnl.com.

1. Completion Time/Contract Period

The Contract Period shall be 6 (six) months from date of start.

2. Download of Bid Document

The complete bid document can be downloaded from e-procurement portal


“http://uktenders.gov.in”.

3. Availability of Bid Document and mode of submission

The bid documents shall be available online on http://.uktenders.gov.in w.e.f. 08.06.2018 from
16:00 hours and the bids shall have to be submitted online on “http://.uktenders.gov.in”.

Only those bidders who have valid Digital Signature Certificate (DSC) can participate in the bidding
process. If the bidder does not have Digital Signature Certificate (DSC), then he is requested to
register on the web site “http://.uktenders.gov.in”, which is free of cost. For submission of the bids
online, the bidders are required to have Digital Signature Certificate (DSC) from one of the authorized
certifying authorities.

Digital Signature Certificate is mandatory to participate in the e-tendering. Bidders already possessing
the digital signature issued from authorized Certifying Agency can use the same in this tender.

If the due date of receipt of Hard copy of Bids as aforesaid is declared holiday due to strike/ bundh /
or any other reason, Bids would be received upto 17:00 Hrs on the next working day. Bids received
late on account of any reason whatsoever and telegraphic/fax Bids & incomplete Bids will not be
entertained.

4. EMD/Bid Security

EMD/ Bid Security shall be Rs. 85,000.00 (Rs. Eighty five Thousand only). Bids without EMD/Bid
Security shall be rejected.

5. Opening of Bid
Only online submission of bid is permitted, therefore; bids must be submitted online on website:
“http://uktenders.gov.in”. The Part-I of bid will be opened online at 11:00 Hrs on 05-07-2018 by
the authorized officers and in the presence of authorized representative(s) of the Bidders who choose
to remain present, in the office of EE(E&M-I),Vyasi Project, UJVNL, Lakhwar Bhawan, Dakpathar,
Distt:Dehradun (Uttarakhand). If the office happens to be closed on the date of opening of the bids as
specified, the bids will be opened on the next working day at the same time and venue.
After opening of the Tender Bid part-1, evaluation shall be done and the bidder shall be evaluated for
qualification. The list of the technically qualified bidders shall be displayed on the portal
“http://uktenders.gov.in”
Part-II of the eligible bidders shall be opened subsequently; the details shall be available on
“http://uktenders.gov.in”.

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6. Cost of Bid Document

The cost of Bid document is Rs 2360/- only (inclusive of 18% GST). The cost of bid documents is
non-refundable. The cost of bid documents is to be deposited in the form of Demand Draft drawn in
favour of “Dy. General Manager (Civil), Vyasi Project, payable at PNB Dakpathar, Dehradun”.

7. Whom to Contact

For any further information on the Bid, the Bidders may contact the office of the Executive Engineer
(E&M-I), Vyasi Project, Lakhwar Bhawan, Dakpathar, Dehradun.

Mobile No - 09456590270.
Email – rajujvnl@gmail.com

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Information for E-Tender

Executive Engineer (E&M-I), Vyasi Project, Lakhwar


1 Office inviting Bids
Bhawan, Dakpathar, Dehradun.

Hiring of 100 MT or above capacity crane for construction


2 Name of Work:
works at Vyasi Project
07/EE(E&M-I)/VP/2018-19
3 Bid reference
Time for Completion/Contract period
4 06 (six) Months
Estimated Cost
5 Rs. 42,14,000.00 (GST extra)
Available on e-procurement portal i.e. at
Availability of Bid Document on Portal http://uktenders.gov.in from 08.06.2018 from 16:00 Hrs.
6
Tender Notice can also be seen on Nigam’s website
www.ujvnl.com
Date: 03.07.2018
Last Date/Time for submission of Bid
7 Time: up to 17:00 hrs
Document on website
Date: 04.07.2018
Last Date/Time for submission of
8 Time: up to 17:00 hrs
Hard Copy of Bid Document
9 Earnest Money Rs.85,000.00
Date: 05.07.2018
Time, Date & Venue for opening of Time: 11:00 hrs
10
Tender Venue: Executive Engineer (E&M-I), Vyasi Project,
Lakhwar Bhawan, Dakpathar, Dehradun.
11 Bid Validity Period 120 days from the date of opening
12 Cost of Bid Document Rs 2360/- only (inclusive of 18% GST)

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SECTION - II
INSTRUCTIONS TO BIDDERS

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Instructions to Bidders (ITB)
1. Scope of Bid
1.1. The UJVN Ltd. hereinafter referred to as Employer/Purchaser invites bids for “Hiring of 100
MT or above capacity crane for construction works at Vyasi Project” Dakpathar, Dehradun., as
described in these documents and referred to as “the supply/works”. The name and
identification number of NIT for “Hiring of 100 MT or above capacity crane for construction
works at Vyasi Project” Dakpathar, Dehradun is provided in the E-Tender Notice/Detail NIT.
1.2. The successful Bidder will be required to complete the supply/work in the time for completion
as specified in the Conditions of Contract.

1.3. Throughout these documents, the terms “bid” and their derivatives (bidder/ bidder, bid/ bid,
bidding/ biding, etc.) are synonymous.

1.4. The word “Tender/Tenderer” appearing in these documents, would also mean “Bid /Bidder”.

2. Eligible Bidders
2.1. This Invitation for Bid is open to:
2.1.1.All eligible bidders meeting the Qualifying criteria as defined in ITB clause.
2.2. Bidders should not be under a declaration of ineligibility for corrupt and fraudulent practices
by the Central Government, the State Government or any public undertaking, autonomous
body, authority by whatever name called under the Central or the State Government.

3. Qualification of the Bidder


The Applicant shall fully meet all the following criteria

Bidder should be in the business of providing services of crane on hire and shall have proven
experience as stipulated in succeeding paragraphs. Bidders shall include the following
information and documents with the part - I of their bids.

3.1. General: The Bidder must fulfill the following minimum pre-qualifying criteria. Bidder should
have adequate experience in this field. Bidder should be an owner of the crane and shall
furnish documentary evidence in support of the ownership of the crane proposed to be
deployed.
3.2. Technical Experience: Experience of having successfully completed similar nature of work
during last 07 (seven) years ending last day of month previous to the one in which this bid is
invited should be either of the following:-

(i) Three similar completed supplies/works each costing not less than INR 1685600/-.
OR
(ii) Two similar completed supplies/works each costing not less than INR 2107000/-.
OR
(iii) One similar completed supplies/works each costing not less than INR 3371200/-.

Similar works means: Providing services of 100 MT or above capacity Crane on hire basis in
Govt. Department/PSU’s/ CPSU’s.
st
3.3. Financial Capacity: Average Annual Financial turnover during the last 3 years, ending 31
March of the previous financial year, should be at least 30% of estimated cost. The firm shall
submit audited Balance sheet and Profit & Loss account of last 3 years in support of this,
established through latest ITR. In case of new companies, above shall be applicable from the
financial year subsequent to the year of inception of the company.

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Note: Profit & Loss Statement, Balance Sheet, etc. must be Audited / Certified by a
Chartered Accountant and should bear Membership Number of the CA signing it and the
Firm Number of the CA Firm.

3.4. Each bidder must produce:


1) The PAN No, GST Registration Certificate, EPF Registration Certificate (Self attested copies).
2) Such other certificates as defined in the ITB. Failure to produce the certificates shall make the
bid non-responsive.

3.5. No Joint Venture/Consortium shall be allowed.

3.6. Even though the bidders meet the above qualifying criteria, they are subject to be
disqualified if they have:
I. made misleading or false representations in the forms, statements, declarations and
attachments submitted in proof of the qualification requirements; and/or
II. Record of poor performance such as abandoning the works, not properly completing the
contracts, inordinate delays in completion, litigation history, or financial failures etc.
III. Participated in the previous bidding for the same supply and had quoted abnormally high
or low bid prices and could not furnish rational justification for it to the Purchaser.

4. Cost of Bidding
I. Bidders shall bear all costs associated with preparation and submission of bids, and the
Purchaser will, in no case, be responsible or liable for these costs, regardless of the
proceedings or outcome of the bidding process.

II. The bidder is expected to examine carefully all instructions, Forms, Bill of Quantities,
qualification information and other schedules, General and Special conditions of contract,
specifications and other information in the bidding documents. Failure to furnish all
information, as required by the bid documents, or submission of a bid not substantially
responsive to the bid documents in every respect will be at the bidder’s risk and shall
be rejected.

III. Bidder shall visit the site to check the actual site condition prevailing at site. The Bidder
shall visit the site and acquaint himself fully of the conditions and no claims what so ever
will be entertained on the plea of ignorance or difficulties involved in the execution of work
or for carriage of materials, storage, stacking etc. of material.

5. Cost of Bid Document


The cost of Bid document is Rs 2360/- only (inclusive of 18% GST). The cost of bid
documents is non-refundable. The cost of bid documents is to be deposited in the form of
Demand Draft drawn in favour of “Dy. General Manager (Civil), Vyasi Project payable at PNB
Dakpathar, Dehradun”.

6. Clarification of Bid Documents

The Bidders are requested to submit any query online using his DSC within 10 days after
publishing of Bid. Any modifications in the Bid documents, which may become necessary,
shall be made by the Employer exclusively through the issue of an Addendum pursuant to
Clause of ITB.

7. Amendment of Bidding Documents


7.1. At any time prior to the deadline for submission of bids , the Purchaser may, for any
reason, whether at its own initiative, or in response to a clarification requested by a

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prospective bidder, amend terms and conditions originally stipulated in the bid documents,
by issuing addenda.
7.2. Any addendum thus issued shall be part of the bidding documents and shall be uploaded on
the portal. The bidders are advised to visit the Nigam’s website and e-portal regularly.
7.3. In order to afford prospective bidders reasonable time to take the amendment into account
in preparing the bid, the Purchaser may, at its discretion, extend the deadline for the
submission of bids.

8. Language of Bid

Bids prepared by bidders and all correspondences and documents related to the bid exchanged
by bidders and the Purchaser shall be written in English language.

9. Documents Comprising the Bid for online submission


The following documents must be submitted online as stipulated hereunder;

9.1. Part – I; Technical bid - Tenderer must upload the scanned copies of the following
documents in PDF format:-

I. Demand draft amounting to Rs 2360/- only (inclusive of 18% GST) drawn in favour of
“Dy. General Manager (Civil), Vyasi Project payable at PNB Dakpathar, Dehradun”.
II. EMD/Bid security amounting to Rs. 85,000.00 (Rs. Eighty-five Thousand only) in the
form of FDR/CDR/TDR duly pledged in favour of Dy. General Manager (Civil), Vyasi
Project payable at PNB Dakpathar, Dehradun”.having validity of not less 180 (one
hundred eighty) days from the date of opening of Bids.
III. Agreement of validity on non-judicial stamp paper of Rs.100/- with signature of
bidder.
IV. Form of declaration (as per enclosed proforma)
V. Self Attested copy of PAN Card, EPF, GST Registration Certificate irrespective of
total turnover in a year.
VI. Self Attested copy of relevant documents pertaining to Qualification criteria pursuant
to ITB Clause i.e Experience certificate (work order / agreement and completion
certificate for similar works), IT Return, Annual Turnover, Balance Sheet etc.
VII. Technical Data Sheet (as per enclosed proforma).

The Bids of Bidders who fail to fulfill the Qualification Criteria shall be rejected out rightly
and their Price Bids (Part-II) will not be considered.

9.2. Part-II; Price Bid – The price bid shall be submitted online on e-portal. It must contain price
bid only. Prices mentioned by bidder in the Price bid should be FOR Vyasi Project,
Dakpathar, Dehradun. Rates Quoted shall be exclusive of GST but inclusive of all operating
costs, Drivers, helper’s wages/allowances, Consumables, Maintenance, Insurance,
Transportation / Logistics, all statutory requirements and all applicable charges for operation
except Diesel for operation of the crane which shall be provided by the Employer free of cost
as and when required. GST being statutory tax will be paid extra as applicable at the
prevailing rates. No material relating to any technical matters shall be included in the Price
Bid.
10. Submission of Original Documents:

The bidders are required to submit following original documents in a sealed envelope
superscribed as “NIT No. 07/EE(E&M-I)/VP/2018-19 for Vyasi Project, Dakpathar,
Dehradun” in the office of Executive Engineer (E&M-I), Vyasi Project, Lakhwar Bhawan,
Dakpathar, Dehradun, Pin code-248125.

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I. Demand draft amounting to Rs 2360/- only (inclusive of 18% GST) drawn in favour of
“Dy. General Manager (Civil), Vyasi Project payable at PNB Dakpathar, Dehradun”.
II. EMD/Bid security amounting to Rs. 85,000.00 (Rs. Eighty-five Thousand only) in the
form of FDR/CDR/TDR/BG duly pledged in favour of Dy. General Manager (Civil),
Vyasi Project payable at PNB Dakpathar, Dehradun”.having validity of not less 180
(one hundred eighty) days from the date of opening of Bids.
III. Agreement of validity on non-judicial stamp paper of Rs.100/- with signature of
bidder.
IV. Form of declaration (as per enclosed proforma)
V. Technical Data Sheet (as per enclosed proforma)

Above mentioned original documents are required to be submitted on or before 04.07.2018


upto 1700 Hrs or as per date extension notice given by Purchaser, either by registered
post/courier services or by hand, failing which the bids will be rejected by the Purchaser as
being non-responsive. In the event of the specified date for the submission of documents being
declared a holiday for the Employer, the document will be received up to the specified time on
the next working day.

11. Bid Prices


11.1. The bidder should quote its rates for each item separately in the bill of quantity.
11.2. Rates Quoted shall be exclusive of GST but inclusive of all operating costs, Drivers,
helper’s wages/allowances, Consumables, Maintenance, Insurance, Transportation /
Logistics, all statutory requirements and all applicable charges for operation except Diesel for
operation of the crane which shall be provided by the Employer free of cost as and when
required. GST being statutory tax will be paid extra as applicable at the prevailing
rates.
11.3. The rates and prices quoted by the Bidder shall remain firm for entire contract period or
extension thereof. No escalation shall be allowed under any circumstances.

12. Currencies of Bid


The rates and the prices shall be quoted by the bidder entirely in Indian Rupees.

13. Bid Validity

13.1. Bids shall remain valid for a period of 120 (one hundred twenty) days from the date of
opening of Bids. Bids valid for a shorter period shall be rejected by the Purchaser as
being non-responsive. If a bidder withdraws his bid before the said period or makes any
modification in the terms and conditions of the bid, the Purchaser shall, without prejudice
to any other right or remedy, be at liberty to forfeit Bid Security submitted by that particular
bidder.
13.2. In exceptional circumstances, the Purchaser may solicit bidders’ consent to an extension
of bid validity period. The request and responses thereto shall be made in writing or by
cable. If a bidder accepts to prolong the period of validity, the Bid Security/EMD shall also
be suitably extended. Bidders are, however, at their prerogative to refuse the request
without their Bid Security/EMD being forfeited. Bidders agreeing to the request for
extension of bid validity period shall not modify their bid, which shall not be permissible,
under any circumstances.
14. Alternative Bids
Bidders shall submit Bids, which comply with the Bidding Documents. Alternative Bids will not
be considered. The attention of Bidders is drawn to the provisions regarding the rejection of
Bids in the terms and conditions, which are not substantially responsive to the requirements
of the Bidding Documents.

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15. Earnest Money Deposit (EMD)/Bid Security
15.1. A bidder shall furnish, along with his bid, a EMD/Bid Security, for an amount of Rs.
85,000.00 (Rs. Eighty-five Thousand only) in the form of FDR/CDR/TDR/BG duly pledged in
favour of Dy. General Manager (Civil), Vyasi Project payable at PNB Dakpathar, Dehradun”
and shall remain valid for not less than 180 (one hundred eighty) days from the date of
opening of Bids.
15.2. Any bid not accompanied by an acceptable EMD/bid security shall be rejected by the
Purchaser as being non responsive.
15.3. The Earnest Money of unsuccessful bidders will be returned within 28 days of the award of
works to the successful bidder.
15.4. The bid security of the successful bidder will be returned when the bidder has furnished the
required performance security pursuant to ITB Clause for Performance Security.

15.5. The Earnest Money may be forfeited:


a) if the Bidder withdraws the Bid after bid opening during the period of Bid validity; or
b) if the Bidder adopts corrupt or fraudulent practices or
c) in the case of a successful Bidder, if the Bidder fails within the specified time limit to
i. sign the Agreement; and/or.
ii. submit the required Performance Security Deposit.
iii. Provide crane in due time.

16. Deadline for Submission of Bids


16.1. Complete Bids (including Technical and Price) must be submitted online on e-portal on
website: “http://uktenders.gov.in”. Last date/Time of receipt of bids through e-
tendering is 03-06-2018 upto 17:00 Hours (Indian Standard Time).
16.2. The Bidder shall submit One set of hard copy of the bid document pursuant to ITB clause at
the following address.
Executive Engineer (E&M-I),Vyasi Project, Lakhwar Bhawan, Dakpathar, Dehradun.
16.3. The Purchaser may, in the exceptional circumstances and at its discretion, extend the
deadline for submission of bids by issuing an amendment in accordance with ITB clause, in
which case all rights and obligations of the Purchaser and the bidders previously subject to
the original deadline will then be subject to the new deadline.
17. One Bid per Bidder
Each Bidder shall submit only one Bid by itself. No Joint Venture/Consortium is acceptable.

18. Bid Opening


18.1. The Employer/ Authority inviting Bid will open the bids received in the presence of the
Bidders/Bidders’s representatives who choose to attend. The bid shall be opened of those
bidders only who submit originals documents pursuant to ITB Clause.
18.2. Technical bid (Part – I) of the bid will be opened online at 11:00 Hours (Indian
Standard Time) on 05.07.2018 in the office of Executive Engineer (E&M-I),Vyasi Project,
Lakhwar Bhawan, Dakpathar, Dehradun.
18.3. If the office happens to be closed on the date of opening of the bids as specified, the bids
will be opened on the next working day at the same time and venue.
18.4. At the time of bid opening Cost of bid document, the amount of Earnest Money, forms and
validity shall be announced. Thereafter, the Bidders’ names and such other details as the
Employer may consider appropriate, will be announced by the Employer at the opening.
18.5. After opening of the Part-I (Technical bid) evaluation shall be done and the bid shall be
evaluated for qualification. The list of the technically qualified bidders shall be displayed on
the portal “http://uktenders.gov.in”.

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18.6. Evaluation of the Technical Bids with respect to Bid security, qualification information and
other information furnished in Part I of the Bid pursuant to ITB Clause, shall be taken up and
a list will be drawn up of the responsive Bids whose financial Bids are eligible for
consideration.
18.7. Price bid (Part-2) of the eligible bidders shall be opened subsequently for which date & time
for opening shall be intimated separately and the details shall also be available on
“http://uktenders.gov.in”. In the event of the specified date being declared a holiday for the
Employer, the Bids will be opened at the appointed time and location on the next working
day. Bidders or their representative may choose to attend the meeting of opening of financial
Bids.
18.8. At the time of the opening of the ‘Financial Bid’, the names of the Bidders whose Bids were
found responsive will be announced. The financial Bids of only these Bidders will be opened.
The responsive Bidders’ names, the Bid prices, the total amount of each Bid, and such other
details as the Employer may consider appropriate will be announced by the Employer at the
time of Bid opening.
18.9. The Employer/ Authority inviting Bid at his discretion may open Technical and Financial Bid
simultaneously and evaluate the Bid completely including checking for responsiveness.
19. Clarifications of Bids
To assist in the examination, evaluation and comparison of Bids, the Employer/Purchaser may,
at its discretion, ask the Bidder for a clarification of its Bid. All responses to requests for
clarification shall be in writing and no change in the price or substance of the Bid shall be
sought, offered or permitted.

20. Process to be Confidential


Information relating to the examination, clarification, evaluation, and comparison of bids and
recommendations for the award of a contract shall not be disclosed to bidders or any other
persons not officially concerned with such process until the award to the successful Bidder is
announced. Any attempt by a Bidder to influence the Purchaser’s processing of bids or award
decisions may result in the rejection of his Bid.

21. Examination of Bids and Determination of Responsiveness


21.1. During the detailed evaluation of “Technical Bids”, the Purchaser will determine whether
each Bid:
(a) meets the eligibility criteria defined in ITB Clauses;
(b) has been properly signed;
(c) is accompanied by the required securities; and
(d) is substantially responsive to the requirements of the bidding documents. During the
detailed evaluation of the “Financial Bids”, the responsiveness of the bids will be further
determined with respect to the remaining bid conditions, i.e., priced bill of quantities, technical
specifications and drawings.

21.2. A substantially responsive “Bid” is one which conforms to all the terms, conditions, and
specifications of the bidding documents, without material deviation or reservation. A material
deviation or reservation is one:
(a) Which affects in any substantial way the scope, quality, or performance of the
supply/works;
(b) Which limits in any substantial way, the Purchaser’s rights or the Bidder’s obligations
under the Contract; or
(c) Whose rectification would affect unfairly the competitive position of other bidders
presenting substantially responsive bids or
(d) Which is inconsistent with the bidding documents.

21.3. If a “Bid” is not substantially responsive, it will be rejected by the Purchaser, and may not
subsequently be made responsive by correction or withdrawal of the nonconforming
deviation or reservation.

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22. Evaluation and Comparison of Bids
22.1. The Purchaser will evaluate and compare only the bids determined to be substantially
responsive in accordance with ITB Clause.
22.2. The bids shall be evaluated on the basis of final cost to the Employer/Purchaser. The
Employer shall examine the Technical Bid to confirm that all documents and technical
documentation requested in ITB Clause have been provided, and to determine the
completeness of each document submitted. If any of these documents or information is
missing, the Bid shall be rejected. The Purchaser shall compare all substantially responsive
bids to determine the lowest valuated bid, in accordance with the tender specifications.
23. Contracting the Employer/Purchaser
23.1. From the time of Bid opening to the time of contract award, if any Bidder wishes to contact
the Purchaser’s on any matter related to the Bid, it should do so in writing.
23.2. Any effort by a Bidder to influence the Purchaser’s and/or in the Purchaser’s decisions in
respect of Bid evaluation, Bid comparison or Contract Award, will result in the rejection of the
Bidder‘s Bid.
24. Purchase Preference
Purchase preference will be applicable as per extant GOU Policy.

25. Purchaser’s Right to accept any Bid or Reject any or all Bids
Purchaser reserves the right to accept or reject any bid, and to cancel the bidding process
and reject all bids, at any time prior to the 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 Purchaser’s action.

26. The Purchaser’s Right to Vary Quantities


The Purchaser’s reserves the right to vary the quantity i.e. increase or decrease the
numbers/quantities without any change in terms and conditions during the execution of the
Order.

27. The Award of Contract and Signing of Agreement


27.1. The Contract shall be awarded to the lowest qualified bidder on the basis of total cost of
procurement worked out in the price bid.
27.2. The successful Bidder shall have to enter into a Contract agreement (provided in the
bidding document) with the Purchaser within 10 (ten) days of receipt of LOI or the time
specified in the LOI. The Supply/Work order will be issued in writing to the successful bidder
by the Purchaser after bidder has signed Contract agreement.
28. Notification of Award/Letter of Intent (LOI)
The bidder, whose bid has been accepted, subject to reservations, will be informed by the
Purchaser by issuing Letter of Intent (L.O.I.) within the validity period of the bid through
registered letter/facsimile/e-mail. The L.O.I shall state the Contract Sum, the scope of the
work, time of completion etc.
Until a formal Contract agreement is signed, the LOI shall constitute a binding Contract.
29. Performance Security
Within 10 (ten) days of receipt of LOI or the time specified in the LOI, the successful bidder
shall deposit to the Purchaser a Performance Security in the form of FDR/CDR/TDR/Bank
Guarantee duly pledged in favour of “Dy. General Manager (Civil), Vyasi Project payable at
PNB Dakpathar, Dehradun” amounting to 10% (Ten Percent) of the value of order/contract
towards faithful performance of the work/supply carried out by him. Performance Security
shall remain valid for a period of 8 (months) months from the date of start of work in all

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respect by Contractor. Any defect found during this period due to bad workmanship in the
jobs carried out by the Contractor shall be rectified by Contractor free of cost.

30. Corrupt or Fraudulent Practices


The Purchaser requires the bidders/contractors under this contract observe the highest
standard of ethics during the procurement and execution of this contract. In pursuance of this
policy, the Purchaser:
(a) defines, for the purpose of these provisions, the terms set forth below as follows:

(i) “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; and
(ii) “fraudulent practice” means a misrepresentation of facts in order to influence a
procurement process or the execution of a contract to be detriment of the Purchaser,
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
Purchaser of the benefits of free and open competition.
(b) will reject a proposal for award of work if Purchaser determines that the Bidder
recommended for award has engaged in corrupt or fraudulent practices in competing for
the contract in question.
(c) Will declare a Bidder in-eligible, either indefinitely or for a stated period of time, to be
awarded a contract/contracts if he at any time determines that the Bidder has engaged in
corrupt or fraudulent practices in competing for, or in executing, the contract.

31. Bids for part of supply shall not be accepted. Telegraphic offer shall not be accepted.
32. Exclusive Clauses for e-Biding
32.1. Guide Lines Regarding Participation in e-Biding:

a) Portal Registration: The contractor/bidder intending to participate in the bid is required to


register in the portal using his/ her active personal/official email id as his /her Login id and
attach his /her valid digital signature certificate(DSC) to his/her unique Login id. He / She will
enter relevant information as asked for about the firm/ contractor.

This is a onetime activity for registering in the portal

b) Login to the portal: The contractor/ bidder is required to type his/ her Log-In id and
password. The system will again ask to select DSC and confirm it with the password of DSC
as a second stage authentication. For each Login, a user’s DSC will be validated against its
date of validity and also against the Certification Revocation List (CRL) of respective CA
stored in system database. The system checks the unique Login ID, password & DSC
combination and authentication the login process for use of the portal.

c) Downloading of bid: The bidder can download the Bid of his choice and save it in his system
to undertake necessary preparatory work off-line and upload the complete Bid at his
convenience before the closing date and time of submission.

d) Clarification on bid: The bidder may ask question on-line in the e-procurement portal using
his/her DSC, provided the questions are raised within the period of seeking clarification as
mentioned in the Bid call notice/ bid.The Officer inviting the Bid will clarify queries related to
the Bid.

e) Preparation of bid:

(i) The bids may consist of general arrangements, drawings or typical or any other
drawings to the work for which bid has been invited. Bidder may down load these
drawings and take out the print for detail study and preparation of his bid. Any other
drawings and documents pertaining to the works available with the officer Inviting Bid
will be open for inspection by the bidders

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(ii) The bidder shall go through the bid carefully and list the documents those are asked
for submission. He shall prepare all documents including cost of Bid document, EMD,
Declaration Form, Price Bid etc and store in the system.

f) Payment Of EMD/ Bid Security and Cost of Bid Documents:

(i) The bidder shall furnish, as part of his Bid, a Bid Security (Earnest Money Deposit) for
the amount mentioned under NIT. The bidder shall scan all the written/ printed pages
of the Bid Security (EMD) and upload the same in portable document format (PDF) to
the system in designated place of the technical bid Furnishing scanned copy of such
documents is mandatory otherwise his/ her bid shall be declared as non responsive
and liable to rejection.

(ii) The validity period of the EMD or Bid Security shall be as mentioned in the bid
document. Any bid not accompanied by due Bid Security and not secured as
indicated in the bid document shall be rejected as non-responsive.

(iii) The fixed Deposit /Bank Guarantee or any other form as mentioned in detailed NIT in
respect of EMD / Bid Security and the Bank Draft in respect of Cost of Bid are to
be scanned and uploaded in PDF format along with the bid.

(iv) The bidder shall provide the cost of bid and the Bid security in sealed cover
superscripting the name of the work/Supply for which the instruments are intended
and the Officer Inviting the Bid. The original FD / BG/BD shall be physically produced
before the Officer Inviting the Bid or the concerned authorized officer of the
department by Registered Post/ Speed Post or any other delivery system before the
last date and time for submission of hard copy of Bid.

(v) Officer Inviting the Bid or other concerned officer authorized to receive the original Bid
Security/EMD and Bid Cost shall not be responsible for any postal delay and/or non
receipt of the original copy of the Bid Security on or before specified date and time.
Non submission of Bid Security and Bid Cost within the designated period will
sufficient to declare the bid as nonresponsive and liable to rejection

32.2. Submission of Bid:

a) The bidder shall carefully go through the Bid condition and prepare the required documents
accordingly.

b) The Protected Bill of Quantities (BOQ) uploaded by Officer Inviting the Bid is the authentic
BOQ. Any alteration/deletion/manipulation in BOQ shall lead to cancellation Bid.

c) The Bidder shall upload the scanned copy/copies of document in support of eligibility criteria
and qualification information in prescribed format in PDF to the portal in the designated
locations of Technical Bid.

d) The Bidder shall write his name in the space provided in the specified location in the
Protected Bill of Quantities (BOQ) published by the Officer Inviting Bid. The Bidder shall type
rates in figure only in rate column of respective items without leaving any blank cell in the rate
column in case of item rate Bid and type percentage excess or less up to one decimal place
only in case of percentage rate Bid.

e) The Bidder shall log on to the portal with his/her DSC and move to the desired Bid for
uploading the documents in appropriate place one by one simultaneously checking the
documents.

(i) Bids cannot be submitted after due date and time. The Bids once submitted cannot
be viewed, retrieve or corrected. The bidder should ensure the correctness of the bid
prior to uploading and take printout of the system generated summary of submission
to confirm successful uploading of bid. The bids cannot be opened even by the OIT
/Opener before the due date & time of opening.

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(ii) Each process in the e-Procurement is time stamped and the system detect the time
of login of each user including the Bidder.

(iii) The bidder should ensure clarity/ legibility of the document updated by him to the
portal.

(iv) The system shall require all the mandatory forms and fields filled up by the contractor
during the process of submission of the bid/Bid.

(v) The bidder should check the system generated confirmation statement on the status
of the submission.

(vi) The bidder should upload sufficiently ahead of the bid closure time to avoid traffic
rush and failure in the network.

(vii) The Bid Inviting Officer is not responsible for any failure malfunction, or breakdown of
the electronic system used during the e-procurement process.

(viii) The bidder is required to upload documents and Bill of Qualities duly filled in. It is not
necessary on the part of the bidder to upload the drawings and other bid documents
(after signing) while uploading his bid. It is assumed that the bidder has referred all
the drawings and documents upload by the Officer Inviting the Bid.

(ix) Seeking any revision of rates or backing out of the bid claiming for not having referred
to any or all the documents provided in the Bid by the Officer Inviting the Bid will be
constructed as plea to disrupt the bidding process and in such cases the Bid Security
shall be forfeited.

(x) The bidder will not be able to submit his bid after expiry of the date & time of
submission of Bid (server time). The date & time of Bid Submission shall remain
unaltered even if the specified date of submission of bids declared as a holiday for
the Officer Inviting the Bid.

32.3. Security of Bid Submission


a) All bid uploaded by the bidder to the portal will be encrypted.

b) The encrypted bid can only be decrypted/opened by the authorized openers after the due
date and time.

32.4. Resubmission and Withdrawal of Bids:


a) Resubmission of bid the bidders for any number of times before the final date and time of
submission are allowed.

b) Resubmission of bid shall require uploading of all documents including price bid afresh.

c) Bid submitted after the predefined times of receipt will not be considered. Which inbuilt in the
system.

d) The bidder should avoid submission of bid at the last moment to avoid system failure or
malfunction of internet or traffic or power failure etc.

e) The bidder can withdraw his bid before the closure date & time of receipt of the bid by
uploading scanned copy of a letter addressing to the Officer Inviting Bid citing reasons for
withdrawal. Bids once submitted not be allowed to withdraw after the closing date & time.

32.5. Opening of The Bid:


a) Bid opening date & time is specified during Bid creation or can be extended through
corrigendum. Bids cannot be opened before the specified date & time.

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b) All bid openers have to log on to the portal to decrypt the bid submitted by the bidders.
c) The bidders and guest users can view the summary of opening of bids from any system.
Contractor are not required to be present during the bid opening at the opening location if
they so desire.
d) In the event of the specified date of bid opening being declared a holiday for the Officer
Inviting the Bid, the bids will be opened at the appointed time on the next working day.

e) In case bids are invited for more than one package the order for opening of the “Bid” shall be
that in which they appear in the “Invitation for Bid”.

f) During bid opening the covers containing original financial instruments towards Cost of Bid
Security in the form specified in the NIT/ ITB valid for the period stated in the bid, received
after last date of receipt of bid and before opening of the bids shall be opened and declared.
The OIT/Opener shall continue opening of other documents if he is satisfied about the
appropriateness of the Cost of Bid and Bid Security.

g) Combined Bid Security for more than one work is not acceptable.

h) On transfer of a Bid opening Officer, he may be allowed to open the bid from his new location.
Further action on bid document shall be taken by the new incumbent of the post.

32.6. Evaluation of Bids:


a) All the opened bids shall be downloaded and printed for taking up evaluation. The
OIT/Openers shall on each page of the documents downloaded and furnish a certificate
that the documents as available in the portal for the Bid have been downloaded.

b) The OIT/Evaluators shall take up evaluation of bids with respect to the qualification
information and other information furnished subject to confirmation of the Bid Security,
the issuing institutions.

c) After receipt of confirmation of the Bid Security, the bidder may be asked in writing to
clarify on the document provided in the Technical Bid, if necessary, with respect to any
doubts or illegible documents. The Officer Inviting Bid may ask for any other document of
historical nature during Technical evaluation of the Bid. Provided in all such cases,
furnishing of any documents in no way alters the Bidder’s price Bid. Non submission of
legible documents may render the bid non responsive.

d) The bidders will respond in not more than seven days of issue of the clarification letter,
failing which the bid of the bidder will be evaluated on its own merit.

e) Technical evaluation of all bids shall be carried out as per information furnished by
bidders. But evaluation of Bids does not exonerate bidders from checking their original
documents at later date. If the bidder is found to have misled the evaluation through
wrong information, action as per relevant clause of NIT/ITB shall be taken against the
Bidder/Contractor.

f) The OIT/Evaluators will evaluate bids and finalize list of responsive bidders.

g) The Financial bids of the technically qualified bidders shall be opened on the due date of
opening. The OIT/Openers shall log on to the system in sequence and open the financial
bids

(i) The Financial Bid will be opened on the notified date & time in the presence of
bidders or their authorized representative who wish to be present.

(ii) At the time of opening of “Financial Bid”, bidders whose technical bids were found
responsive will be opened.

(iii) The qualified bidder’s name, bid prices, item wise rates, total amount of each item in
case of item rate and percentage above or less in case of percentage rate Bids will
be announced.

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(iv) Procurement Officer-Openers shall sign on each page of the downloaded BOQ and
the Comparative Statement and furnish a certificate to that respect.

(v) Bidder can witness principal activities and view the documents/summary reports for
that particular work by logging on to the portal with the DSC from anywhere.

33. Indemnity
The successful tenderer shall at all times indemnify the department, consequent upon this works
contract. The successful tenderer shall be liable, in accordance with the Indian Law and
Regulations for any accident occurring due to any cause and the contractor shall be responsible
for any accident of damage incurred or claims arising there from on the department during the
period of installation, construction and putting into operation the equipments and ancillary
equipment under the supervision of the successful tenderer in so far as the latter is responsible.
The successful tenderer shall also provide all insurance including third party insurance as may be
necessary to cover the risk. No extra payment would be made to the successful tenderer on
account of the above.

34. Rejection of Tender:


a) Any Tender can be rejected by the Purchaser without assigning any reason whatsoever or
incurring any liability to the bidders.
b) The bidders are cautioned that not giving complete information called for in the Tender
Document, not giving it in clear terms or making any change in prescribed formats or deliberately
suppressing the information may result in summarily disqualified.
c) Any information furnished by the applicant found to be incorrect either immediately or at a later
date, would result in rejection of the application at any stage or to cancel the contract if awarded,
and shall render him liable to be debarred from tendering in future.

35. Order of Precedence


The various documents comprising the bid documents shall be considered, as explanatory to each
other and in case of conflict between them, the following order of precedence shall prevail:
a) Contract Agreement
b) Letter of Intent
c) Copy of firm’s clarification/confirmation/rebate letter if any.
d) Ammnedments, if any, persuant to ITB clause of the Bid document.
e) Bill of Quantities
f) Conditions of Contract
g) Technical Specification
h) Drawings

36. Project Background;


The 2 x 60 MW Vyasi Hydroelectric Project is a run-of-river scheme on the river Yamuna, situated
in the district of Dehradun in Uttarakhand State, India. Powerhouse and Dam of the project is at
Hathiari & Juddo village in the district of Dehradun in Uttarakhand.

Post office/Courier/taxi

These facilities are available at Dakpathar and Vikasnagar, which are about 20 KM & 25 KM
respectively from the Project site.

Medical facilities

District Hospital and other Private Nursing Homes, with all modern medical facilities and amenities
are available at Vikas Nagar, Dehraduns about 20 KM from project site. However, the Contractor

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shall make his/their own arrangement at the work site or at camps for requisite medical facilities for
their personnel, in order to fulfill all legal formalities.

Road and Rail access to the project area


The nearest railhead (Broad Gauge) is at Dehradun and nearest airport is at JollyGrant in
Dehradun district of Uttarakhand state.

The approximate road/rail distances between relevant project related places/ sites and important
towns are as given here under:

Distance in Km
S.
From To
No.
(Roads way) (Railway)
1 Delhi Dehradun 254.0 316
2 Dehradun Power House 65.0 Approx. -
Site, Hathiyari
3 Dehradun Dam Site at 70.0 Approx
Juddo

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SECTION-III

SPECIAL CONDITIONS OF CONTRACT

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Special Conditions of Contract
These special conditions shall be read and construed along with the general conditions of the contract
Form–A/B as modified by the provisions hereof but if there be any conflict or inconsistency between
the provisions hereof and these conditions in general conditions of Form–A/B, these special
conditions shall prevail.

1. Introduction
The services of crane shall be utilized at under construction 2x60 MW Vyasi HEP power house
site at Hathiyari, Dakpathar, Dehradun (UK) for erection / installation Electro-mechanical and
Hydro-mechanical equipments such as Spiral casing, stay ring etc. including civil works. The
Crane may be deployed at Vyasi HEP Dam site at Juddo for specific purpose, which is about 5
Km upstream of Power house site.

2. Scope of the work


The scope of the work and type of crane to be deployed for “Hiring of 100 MT or above capacity
crane for construction works at Vyasi Project” shall be in accordance with the Technical
Specifications enclosed.

Schedule of Crane Mobilization & Location - The tentative deployment of the crane shall be
as per LOI. However, the crane with all accessories shall have to be transported & physically
mobilized including operator, helper to Vyasi HEP site at Hathiyari in Dehradun (Uttarakhand)
within a period of 15 days from the date as mentioned in award of Contract/LOI.

Contract Period - The Contract Duration Period for Crane Deployment shall be 6 (six ( months,
to be reckoned from the date of complete Commissioning and Load Test after Receipt of the
Crane with all Accessories at Site in Good Order & Condition, as certified by Engineer-in-
charge or his Authorized Representative. However in case of exigency Site requirement, the
schedule is further extendable for Additional 2 (two) months on the same terms & conditions
depending upon actual Site requirement. The firm/contractor is bound to obey the instruction
given by Engineer-in-charge for the extension of contract period. The payment for the extended
period shall be made as per payment clause on pro-rata basis on number of days of utilization.
The monthly rate quoted in the price bid shall remain firm throughout this period including
extended period (if any). However, if the performance of Crane is not satisfactory the contract
shall be liable for termination without prior notice.

The crane will be provided 30/31 days in a month as per calendar year for 24 Hrs. which shall
be used as and when required basis.

Daily working Hours - The services of crane with operating crew shall be made available for
duration of twelve (12) hours per day including one-hour break lunch/tea break. The regular
working hours will usually be from 08:00 a.m. to 8:00 p.m. However, this shall be adjusted to
suit the working hours of Employer.

The Crane shall be utilized in hilly terrain under the usual conditions prevailing in Hydro Electric
power plant construction site and in conjunction with numerous other operations at Site. The
contractor and his personnel shall co-operate with all Employer personnel, Employer’s
Customer, Customer’s Consultants and all other Contractors, coordinating the Crane
movements with others and work in a manner that shall not delay or hinder the progress of work
of the project.

The contractor shall ensure 100% availability of the service of crane. If however there is any
breakdown of the crane, the service shall be restored at the earliest so as not to affect the work
at site.

Normally the Maintenance/Greasing activities in the Crane shall be done by the Contractor
during Recess Period so that no working day is lost for outage of the Crane. However, any
Breakdown/Repair of the Crane shall be immediately attended by contractor at his own cost &
risk. The contractor is to maintain stock of adequate Spares & Consumables with the required

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Tools & Tackles at Site for this purpose. Routine maintenance of the crane shall be allowed to
the contractor, subject to prior approval from the Engineer-in-Charge.

All T&P, material & consumables required in operation & maintenance of the crane shall be
provided by the contractor at his own cost. Only diesel for the operation of crane shall be
provided by the UJVNL free of cost as and when required. All other Lubricants shall be in
the contractor scope for crane operation. The Contractor should provide adequate number of
Operators, Helpers and Maintenance personnel to ensure Trouble-free Uninterrupted
Operation, Services and Maintenance of the Crane at Site. In case the Contractor fails to
provide the required Consumable etc. in time, penalty shall be imposed on the Contractor as
per the relevant clause of the contract.

In case of operator’s absence, the contractor shall arrange alternative immediately for
continuation of Site work so as not to hamper the time scheduled as per erection program.

Contractor shall fully understand description and scope of work before quoting. The scope of
work and responsibility of the contractor shall be covered within the quoted / finally accepted
rates.

Necessary Insurance Coverage for the Crane including Third Party liability and for the workmen
(covering Workmen’s Compensation Act) engaged by the Contractor are to be taken at his cost
and copy of the same should be submitted to Employer before work commencement. If any
accident/injury occurs to any other persons/public due to proven negligence/non-adherence to
relevant safety and other precautions on the part of Contractor/it’s employees, the contractor
shall remain liable to pay necessary compensation and other expense, as decided by
appropriate authorities.

In case there is a total failure of the crane due to any reason whatsoever, the contractor should
replace the same and bring substitute Crane within a deadline of 15 days from outage, which
shall be treated as idle period and no hire charges payment shall be made for this period,
however penalty shall be imposed in accordance with the relevant clause of contract for non-
availability of crane.

Daily Log Book - A Log book giving full operation/maintenance/downtime details shall be
maintained by the Contractor at Site and regularly endorsed by the Engineer-in-Charge or his
Authorized Representative. Log sheets shall be submitted to Employer before submission of
bills.

Accomodation & Local conveyance - Contractor has to make their own arrangement for
accommodation, local transport and other amenities for their crew at project site.

Proper approach road to the site shall be provided by the Employer. Necessary arrangements
i.e. sleepers, steel plates, steel mats etc. shall be provided by the Employer for proper
placement & operation of the Crane.

3. Prices
The rates quoted should be firm and not subject to variation on any account. No increase in the
prices shall be admissible under any circumstances. GST shall be paid extra.

4. Levy of Penalty/LD
If the contractor / firm fails to arrange / operate the mobile crane during the contractual period,
penalty shall be applicable in the following ways –

- If the firm / contractor fail to mobilize the crane at site in due course of period as specified
in LOI / agreement, then penalty @ ½ % per week maximum to 10% of the contract price
shall be applicable.

- If the crane become un-operative due to non-availability of operator / helper / damaged /


breakdown for more than a day (12 working hours), then penalty @ twice of the daily
rates on pro-rata basis shall be applicable.

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5. Payment

Payments shall be made in the following manner;-


Payment for Mobilization – Mobilization charges shall be paid after mobilization of man and
machinery at site including erection, testing etc. and after deduction of all statutory and other
deductions as applicable and on receipt of bills
Monthly Hire charges –Monthly running payment shall be made after deduction of all statutory
and other deductions as applicable and on receipt of bills.
Payment for Demobilization charge shall be paid once the work has been completed
satisfactorily
ii) Recoveries on penalty, statutory deductions, etc shall be made as per terms of contract.

Aforesaid Payments shall be processed for release only upon checking mentioned
works/supply at site in satisfactory condition, subjected to raising of invoices &
furnishing of performance security pursuant to ITB clause towards faithful performance
of the work/supply carried out by contractor.

After completion of work, the contractor shall submit final bill along with de-mobilization charges
within one month from the date of completion along with the following certificates:

(i) No claim certificates


(ii) No dues certificates
(iii) Work/Material reconciliation statement.
(iv) Job completion certificate
In case work is completed before the stipulated time of 6 (six) months or no requirements of
crane is felt at site the crane shall be return back and pro-rata payment on the basis of no of
days divided by 30/31 and monthly rate along with de-mobilization charges shall be paid.
However minimum payment of 4 months hiring charges along with mobilization and de-
mobilization charges is ensured.

6. Taxes: Income Tax & other Govt. levies etc. if any, shall be deducted as per rules. GST shall
be paid extra.

7. Quality of materials
The supply items shall be manufactured and constructed in the best and most substantial and
most workmanlike manner and with materials of the best or of approved qualities for their
respective uses.

8. Notice to Contractor
Any notice to be given to the contractor may as the purchaser thinks to fit, be posted to his
address or delivered to his duly authorized representative and such proof of posting as
acknowledgement shall be deemed to have acknowledged and the contractor will have to
comply the same as per rules.

9. Arbitration
In case of any dispute during execution of work/supply, the decision of Appropriate Authority of
UJVN Ltd. or any other person nominated by him on his behalf, in writing shall be final, binding
and conclusive. All disputes arising out of touching or relating subject matter of the agreement
shall be subjected to the jurisdiction of local courts of Dehradun and High court of Judicature at
Nainital only.

The contractor shall be solely responsible for any accident during the work whatsoever and
compensation for any loss and accident during work of item shall be the entire responsibility of
the contractor.

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10. Delivery Period:
Duration of work is 6 (six) months from the date of start. Work shall be carried out under the
supervision of Assistant Engineer (E&M)/J. E. (E&M), Vyasi Project, Dakpathar.

11. Date of start: Date of start shall be reckoned from date of availability of crane in ready to use
condition after load testing at site.

12. Damage to the UJVN Ltd. Equipment/Property: The contactor shall be responsible for any
damage to the UJVN Ltd. equipment/ property by the negligence of the staff engaged by him
and in that case the cost will be recovered from the Contractor during work.

13. Termination of Contract


The contract can be terminated at any time in case it is found that the supply/work is not up to
the satisfaction of Engineer-in-charge. Under such circumstances the complete work will be got
done through any other agency and all such expenditure will be debited to the Contractor’
account.

14. Transit Insurance: Transit insurance, if required, shall be arranged by Contractor.

15. Escalation of Rates


No escalation of rates over the finally accepted rates for execution of the work shall be allowed
during the Contract.

16. Any delay in completion of work beyond the schedule date, beside the penalty levied will be
treated as unsatisfactory performance of the firm and may be taken into account for deciding
subsequent contract under UJVNL.

17. Slippage of any activity will be viewed as unsatisfactory performance of the Contractor and will
be accounted for as loss of capitalization for the value as mentioned in the penalty clauses.

18. The Contractor will observe all rules and regulation of factory act, labour act, compensation act,
safety rules and other relevant act/rules which are currently applicable.

19. Subletting of Contract


Contractor shall not, assign or sublet contract.

20. Work/supply shall be executed in such a manner so that completion of work shall be done in
optimum possible time.

21. Safety Codes and Labour Regulations

I. In respect of all labour employed directly or indirectly on the work for the performance of the
contractor’s part of work, the contractor at his own expense, will arrange for the safety
provisions as per the statutory provisions, B.I.S. recommendations & other relevant rules
applicable at that time.
II. The Contractor shall be fully responsible for complying with all the relevant statutory obligations
as applicable from time to time including :
a. Contract Labour (Regulation and Abolition) Act
b. Minimum Wages Act
c. Payment of Wages Act
d. Bonus Act
e. Fatal Accident Act
f. Gratuity Act
g. Any other act, as applicable from time to time
III. Consequences arising out of the non-compliance with statutory requirements shall be
the entire responsibility of the contractor and be borne by the contractor.

22. Co-ordination with other agencies


The contractor shall co-ordinate with all other agencies involved in the work so that the work of
other agencies is not hampered due to delay in his work.

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23. Damages for loss/destruction/theft & pilferage
It shall be the duty of the contractor to ensure that no property, assets, instruments,
machineries of the Employer/Purchaser are damaged, destroyed, pilfered or taken away by any
person. In case, any such damage, destruction, loss, theft or pilferage arises due to
negligence/lapse on the part of the persons deployed by the contractor, the contractor shall be
fully accountable, responsible and liable for making good the loss.

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Section - IV

TECHNICAL SPECIFICATIONS

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TECHNICAL SPECIFICATIONS

TECHNICAL SPECIFICATION FOR “HIRING OF 100 MT OR ABOVE CAPACITY CRANE FOR


CONSTRUCTION WORKS AT VYASI PROJECT”

(A) Type of crane - Mobile Crane

Technical particulars of mobile crane are as under;

1. The mobile crane should be capable for handling & erection of load up to 100 Tons or its
rated capacity.
2. The operating / working radius of the mobile crane should be minimum of 45 meters.
3. The mobile crane should be equipped with its all accessories.
4. The mobile crane should be equipped with internal & external lightening arrangement to work
in low intensity visibility period.
5. The mobile crane should be equipped with its all specified counter weights.
6. The mobile crane should be capable for handling & placement of equipment of 8 Tons within
a working / operating radius of 24 meters at different heights from different levels / locations.
7. The mobile crane should be capable for handling & placement of equipment of 16 tons within
a working / operating radius of 16 meters at different heights from different levels / locations.
8. The firm / contractor is required to conduct the load test at site in presence of the UJVNL
representative to ensure the performance of the offered crane to its rated capacity. The
dummy load for carrying out the test shall be provided by UJVNL at site at different locations.
9. The firm / contractor is required to furnish the complete technical information in the following
format -

(B) Operator:-

1. The crane operator should have a valid license issued by the government agency for handling
of heavy earth moving equipments like mobile crane.
2. The crane operator should have a vast experience in handling of offered mobile crane and
heavy equipments.
3. The crane operator should have knowledge about safety norms for man & machinery.
4. The crane operator should be well equipped during handling of crane.
5. The crane operator should not have any disease like short temper, over excitement, high
blood pressure, diabetes etc. which could affect the work in execution.
6. The crane operator should not be alcoholic or drug addict.
7. The crane operator should be physically & mentally healthy.

(C) Helper:-

1. The helper should be skilled and having experience to perform his duties in such type of work.
2. He should have capable to read or understand the instruction of the operator during the
operation of crane.
3. He should have basic knowledge about man & equipment safety norms.
4. He should not be alcoholic or drug addict.
5. He should be physically and mentally healthy.

(D) Maintenance Staff: -

1. The maintenance team / staff should have sufficient experience in handling of fault / defect in
minimum time.
2. They should have all the required T&P for attending the fault / defects.
3. They should have proper co-ordination with each other to expedite the work in minimum down
time period.
4. They should have sufficient routine spares for attending the fault / defects.
5. They should have sufficient consumable for carrying out the routine / periodic maintenance
work.

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Technical DATA Sheet (Guaranteed Technical Particulars)


(On the letter head of Bidder)

Sl. Description Detail given by the Bidder as per tech. data/ product
No. catalogue submitted indicating page no. and point
no/ note no.
01 Type of Crane
02 Model No.
03 Crane version
04 Max. lifting capacity of the crane
05 Working Height:
Working Radius
06 Load capacity at 24 Meter radius.
Load capacity at 16 Meter radius.
07 Mechanism
08 Safety Devices
09 Year of manufacture
10 Fuel requirement
11 Owner of the crane
12 Road width required for crane
movement.
13 Turning radius of the crane
14 Size of the platform required for crane
to perform the work

Bidder shall also submit following documents along with technical data sheet with part-I of the
bid

1. The complete technical features of the mobile crane i.e details of its dimension, load chart,
working capacity with different counter weights, working radius at different capacity with
counter weights etc.(manufacturers brouchers to establish the specified details)
2. The registration certificate along with valid insurance copy.
3. Latest TPI (Third Party Inspection) certificate not older than last 02 years, to establish the
rated capacity and actual capacity of the offered crane.

Note - If above clauses are found inadequate for furnishing any important information of the
offered crane, the bidder may append additional sheets.

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SECTION - V
FORMS, SCHEDULES & SECURITIES

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AGREEMENT FOR VALIDITY
(On a non-judicial stamp paper of Rs 100/- )

Tender invited by ………………………


Tender For ……………………….
Tender Notice No and Date ……………………….
Name of the Tenderer ……………………

In consideration of U J V N Ltd having treated the bidder to be an eligible person whose bid may be
considered. The bidder hereby agrees to the terms & conditions of the bid. The bidder hereby agrees
to the condition that the proposal in response to the above invitation shall not be withdrawn within four
months from the date of opening of the bid or any extension to it made by UJVN Ltd. and also to the
condition that if thereafter the bidder withdraws his proposal within the said period the Earnest Money
deposited by him may be forfeited to the U J V N Ltd on the discretion of Engineer.

Signed this ………………. Day of …..

SIGNATURE OF THE TENDERER

Full Name………………….

WITNESS

1 …………………

2 …………………

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FORM OF DECLARATION (On the letter head of Bidder)

M/s_____________________________________________ (name of Bidders) having its


registered office at _____________________________________________ (hereinafter
referred to as “The Bidders”) having carefully studied all the documents, specifications,
drawings etc. pertaining to the Work for “----------------------------------------” at Vyasi Project,
Dakpathar, Dehradun the local and site conditions and having undertaken to execute the
said works.

DO HEREBY DECLARE THAT:

1. We are familiar with all the requirements of the Contract.


2. We have not been influenced by any statement or promise of any person of the
Employer but only the Contract Documents.
3. We are financially solvent.
4. We are experienced and competent to perform the contract to the satisfaction of the
Employer.
5. We are familiar with all the general and special laws, acts, ordinances, rules and
regulations of the Municipalities, District, State and Central Government of India that
may affect the work, its performance or personnel employed therein.
6. We hereby authorize the Employer to seek reference from the bankers of Bidders for
its financial position.
7. We undertake to abide by all labour welfare legislations.
8. The statement submitted by us is true and correct.
9. None of the Proprietors/ Partners/ Directors are having any relatives employed or
working with UJVN Limited at any of its offices.

In case at any stage, it is found that the information given by me is false/incorrect,


Employer/Purchaser shall have the absolute right to take any action as deemed fit/without
any prior intimation to me".

Dated ______________________ Seal &Signature___________________

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SECTION-VI

FORM ‘B’

GENERAL CONDITIONS OF CONTRACT

FOR

SUPPLY OF PLANT AND MACHINERY FOR WORK

IN THE

UJVN LIMITED

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General Conditions of Contract for the Supply of Plant and Machinery for Works in

UJVN Ltd.

1. DEFINITION OF TERMS:

In construing these General Conditions and annexed Specification, the following words shall
have the meanings herein assigned to them unless there is anything in the subject or context
inconsistent with such construction.

The “Purchaser” shall mean the UJVN Ltd. and shall include his successors and assigns.

The “Contractor” shall mean the tenderer whose tender shall be accepted by the Purchaser
and shall include such Tenderer’s heirs, legal representatives, successors and assigns.

The “Sub-Contractor” shall mean the person named in the contract for any part of the work or
any person to whom any part of the Contract has been sublet with the consent in writing of
the Engineer and the heirs, legal representatives, successors and assigns of such person.

The “Engineer” shall mean the officer placing the order for the work with the Contractor and
such other officer as may be duly authorized and appointed in writing by the Purchaser to act
as Engineer for the purpose of the contract and in case where no such officer has been so
appointed the Purchaser or his duly authorized representative.

“Plant” shall mean the plant and materials to be provided by the Contractor under the
contract.

The “Contract” shall mean and include the General Conditions, Specifications, Schedules,
Drawings, Form of Tender, Covering letter, Schedule of Prices or the final General
Conditions, Specification and Drawings and the Agreement to be entered into under clause 3
of these General Conditions.

The “Specification” shall mean the Specification annexed to these General Conditions and the
Schedules thereto (if any).

The “Site” shall mean the site of the proposed work as detailed in the Specification or any
other place where work is to be executed under the Contract.

“Month” shall mean calendar month.

“Writing” shall include any manuscript, typewritten or printed statement, under or over
signature or seal, as the case may be. Words importing persons shall include Firms,
Companies, Corporations, and other bodies whether incorporated or not.

Words importing the singular only shall include the plural and vice versa where the context
requires.

2. CONTRACTOR TO INFORM HIMSELF FULLY:

The Contractor shall be deemed to have carefully examined the General Conditions of
Contract, Specifications, Schedules and Drawings. If he shall have any doubt as to the
meaning of any portion of these General Conditions, or of the Specification he shall, before
signing the Contract, set forth the particulars thereof and submit them to the Engineer in
writing, in order that such doubt may be removed.

3. CONTRACT:

A formal agreement shall, if required by the Purchaser, be entered into between the
Purchaser and the Contractor for the proper fulfillment of the Contract. Further, if required by

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the Purchaser, the Contractor shall deposit with the purchaser as security for the due and
faithful performance of the Contract such sum not being less than one per cent of the total
value of the Contract as may be fixed by the Purchaser either in cash or any other form
approved by the Purchaser. The security deposit shall be refunded to the Contractor on the
delivery and check of the plant at the site of the work.

The charges in respect of vetting and execution of the contract document shall be borne by
the contractor. The contractor shall be furnished with an executed stamped counterpart of the
agreement.

After the tender has been accepted by the Purchaser all order or instructions to the contractor
shall, except as herein otherwise provided, be given by the Engineer on behalf of Purchaser.

4. CONTRACT DRAWING:

The contractor shall submit in duplicate, to the Engineer for his approval, drawings of the
General Arrangement of the Plant to be provided and such detailed drawings, other than shop
drawings, as may be reasonably necessary.

Within fourteen days of the receipt of such drawings the Engineer shall signify his approval or
otherwise of the same, and in the event of disapproving the drawings, the Contractor shall
submit further drawings for approval.
Within a reasonable period of the notification by the Engineer to the Contractor of his approval
of such drawings, three sets, in ink or tracing cloth or ferrogallic prints mounted on cloth, of
the drawings as approved shall be supplied to him by the Contractor and be signed by him
and the Contractor respectively and be thereafter deemed to be the “Contract drawings”.

These drawings when so signed shall become the property of the Purchaser and be
deposited with the Engineer, and shall not be departed from in any way whatsoever except by
the written permission of the Engineer, as hereinafter provided.

In the event of the Contractor desiring to possess a signed set of drawings, he shall supply
four sets instead of three sets and in this case the Engineer shall sign the fourth set and
return the same to the Contractor.

The contractor, if required by the Engineer, shall supply in addition copies of any drawing
other than shop drawings, which may reasonably be required for the purpose of the Contract
and may make a reasonable charge for such copies.

The Engineer or his duly authorized representatives, whose name shall have previously been
communicated in writing to the Contractor, shall have the right at all reasonable times to
inspect, at the factory of the Contractor, drawings of any portion of the plant.

5. MISTAKES IN DRAWINGS:

The contractor shall be responsible for and shall pay for any alterations of the plant due to
any discrepancies, errors or omissions in the drawings and other particulars supplied by him,
whether such drawings or particulars have been approved by the Engineer or not, provided
that if such discrepancies, errors or omissions are due to inaccurate information or particulars
furnished to the Contractor by the Engineer any alterations in the plant necessitated by
reasons of such inaccurate information of particulars shall be paid for by the Purchaser.

If any dimensions figured upon a drawing or a plan differ from those obtained by scaling the
drawing or plan the dimensions as figured upon the drawing or plan shall be taken as correct.

6. SUBLETTING OF CONTRACT:

The Contractor shall not, without consent in writing of the Engineer or Purchaser, which shall
not be unreasonably withheld, assign or sublet his Contract, or any substantial part thereof
other than for raw materials, for minor details, or for any part of the plant of which the makers

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are named in the Contract provided that any such consent shall not relieve the Contractor
from any obligation, duty or responsibility under the Contract.

7. PATENT RIGHTS:

In the event of any claim or demand being made or action being brought against the
Purchaser for infringement or alleged infringement of latter's patent, in respect of any
machine, plant or thing used or supplied by the contractor under this Contract or in respect of
any method of using or working by the Purchaser of such machine, plant, or thing, the
Contractor will indemnify the Purchaser against such claim or demand and all costs and
expenses arising from or incurred by reasons of such claim of demand PROVIDED THAT the
purchaser shall notify the Contractor immediately any claim is made and that the Contractor
shall be at liberty, if he so desires, with the assistance of the Purchaser, if required but at the
Contractor’s own expense, to conduct all negotiations for the settlement of the same or any
litigation that may arise there from and PROVIDED THAT no such machine, plant or thing
shall be used by the Purchaser for any purpose or in any manner other than that for which
they have been supplied by the Contractor and specified under this Contract.

8. QUALITY OF MATERIALS:

The plant shall be manufactured and constructed in the best and most substantial and most
workmanlike manner and with materials of the best or of approved qualities for their
respective uses.

9. PACKING:

The contractor shall be responsible for securely, protecting and packing the plant so as to
avoid damage under normal Conditions of transport.

10. DELIVERY AND IMPORT LICENSE FEE:

The cost of delivering the whole of the material FOR at the railway stations specified shall be
borne by the contractor. The Import License fee for the import of equipment or component
parts or raw materials, if required shall be paid by the Contractor even when the Import
License may have to be taken in the name of Purchaser.

11. POWER TO VARY OR OMIT WORK:

No alterations, amendments, omissions, additions, suspensions or variations of the plant


(hereinafter referred to as “Variation”) under the Contract as shown by the contract drawings
or the Specifications shall be made by the Contractor except as directed in writing by the
Engineer, but the Engineer shall have full power, subject to the provision hereinafter
contained, from time to time during the execution of the Contract by notice in writing to
instruct the Contractor to make such variations without prejudice to the Contract, and the
Contractor shall make such variations, and be bound by the same conditions, as far as
applicable, as though the said variations occurred in the specification. If any suggested
variations would, in the opinion of the Contractor if carried out, prevent him from fulfilling any
of the obligations or guarantees under the Contract, he shall notify the Engineer thereof in
writing, and the Engineer shall decide forthwith whether or not the same shall be carried out,
and if the Engineer confirms his instructions, the Contractor’s obligations and guarantees
shall be modified to such an extent as may be justified. The difference of cost if any,
occasioned by any such variations, shall be added to, or deducted from, the contract price as
the case may require. The amount of such difference, if any, shall be ascertained and
determined in accordance with the rates specified in the Schedule of Prices, so far as the
same may be applicable and where the rates are not contained in the said Schedules, or are
not applicable they shall be settled by the Engineer and Contractor jointly, as far as possible,
before such variations are carried out: Provided that the Purchaser shall not become liable for
the payment of any charge in respect of any such variations, unless the instruction for the
performance of the same shall have been given in writing by the Engineer.

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In the event of the Engineer requiring any variations, such reasonable and proper notice shall
be given to the Contractor as will enable him to make his arrangements accordingly and in
case where goods or materials have already been prepared or any design drawings, or
patterns have been made or work done that require to be altered, the Engineer shall allow
such Compensation in respect thereof as he shall consider reasonable.
Provided that no such variations shall, except with the consent in writing of the Contractor, be
such as will include an increase or decrease of the total price payable under the contract by
more than 10% thereof.
In every case in which the Contractor shall receive instructions form the Engineer for carrying
out any work which either then or later will, in the opinion of the Contractor, involve a claim for
additional payment, the Contractor shall as soon as reasonably possible after the receipt of
such instructions inform the Engineer of such claim for additional payment.

12. NEGLIGENCE:

If the Contractor shall neglect to manufacture or supply the plant with due diligence and
expedition or shall refuse or neglect to comply with any reasonable orders given to him in
writing by the Engineer in connection with the manufacture or supply or shall contravene any
provision of the Contract, the Purchaser may give seven day’s notice in writing to the
Contractor, to make good the failure, neglect, or contravention complained of, and if the
Contractor shall fail to comply with the notice within a reasonable time from the date of
service thereof in the case of a failure, neglect, or contravention capable of being made good
within that time, than and in such case if the Purchaser shall think fit, it shall be lawful for him
to take the manufacture or supply of plant wholly, or in part, out of the contractor’s hand and
give it to another person on contract at a reasonable price and the Purchaser shall be entitled
to retain and apply any balance which may be otherwise due on the Contract by him to the
Contractor or such part there of as may be necessary, to the payment of the cost of
manufacture or supply of such plant as aforesaid.

13. DEATHS, BANKRUPTCY ETC.:

If the Contractor shall die or commit any act of Bankruptcy, or being a corporation commence
to be wound up except for reconstruction purposes or carry on its business under a Receiver,
the executors, successors, or other representative in law of the estate of the Contractor or
any such Receiver, liquidator, or any person in whom the contract may become vested shall
forthwith give notice thereof in writing to the Purchaser and shall for one month, during which
he shall take all reasonable steps to prevent a stoppage of the manufacture of plant, have the
option of carrying out the contract subject to his or their providing such guarantee as may be
required by the Purchaser, but not exceeding the value of the plant, for the time being
remaining unexecuted. In the event of stoppage of the manufacture of the plant the period of
the option under this clause shall be fourteen days only, provided that, should the above
option not be exercised, the contract may be determined by the purchaser by notice in writing
to the contractor, and the purchaser may exercise the same power which he could exercise
and will have the same rights which he would have under the last preceding clause if the work
had been taken out of the contractor’s hands under that clause.

14. INSPECTION AND TESTING:

The Engineer, and his duly authorized representatives, shall have at all reasonable times
access to the Contractor’s premises, and shall have the powers at all reasonable times, to
inspect and examine the materials and workmanship of the plant during its manufacture there,
and if part of the plant is being manufactured on other premises, the Contractor shall obtain
for the Engineer and for his duly authorized representative permission to inspect it as if the
plant was manufactured on the Contractor’s own premises.
The Engineer shall, on giving seven day’s notices in writing to the Contractor setting out any
ground of objections which he may have in respect of the work, be at liberty to reject all or any
plant or workmanship connected with such work, which in his opinion, are not in accordance
with the Contract, or are, in his opinion, defective for any reason whatsoever: Provided that, if
such notice be not sent to the Contractor within reasonable time after the grounds upon which
such notice is based have come to the knowledge of the Engineer, he shall not be entitled to

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reject the said plant or workmanship on such grounds. Unless specifically provided otherwise
all tests shall be made at Contractor’s works before shipment.

The Contractor shall, if required, give the Engineer notice of any material being ready for
testing, and the Engineer, or his said representative, if so desired, shall, on giving twenty four
hours previous notice in writing to the Contractor, attend at the Contractor’s premises within
seven days of the date on which the material is notified as being ready; failing which visit the
contractor may proceed with the test, which shall be deemed to have been made in the
Engineer’s presence, and he shall forthwith forward to the Engineer duly certified copies of
the tests in duplicate.

15. TEST AT CONTRACTOR’S PREMISES:

In all cases where the Contract provides for tests, whether at the premises of the Contractor
or of any sub-contractor, the Contractor, except where otherwise specified, shall provide, free
of charge such labour, materials, electricity, fuel, water, stores, apparatus and instruments as
may reasonably be demanded to carry out efficiently such tests of the plant in accordance
with the Contract and shall give facilities to the Engineer or to his authorized representative to
accomplish such testing.
If special tests, other than those specified in the Contract are required they shall be paid for
by the Purchaser as “Variation” under clause 11.
When the tests have been satisfactorily completed at the Contractor’s works the Engineer
shall issue a certificate to that effect.

16. TEST ON SITE:

In all cases where the Contract provides for tests on the site, the Purchaser, except otherwise
specified, shall provide, free of charge, such labour, materials, electricity, fuel, water, stores,
apparatus and instruments as may be requisite from time to time and as may reasonably be
demanded, efficiently to carry out such tests of the plant or workmanship in accordance with
the Contract.
In the case of contractor requiring electricity for tests on site such electricity shall be supplied
to the Contractor in the most convenient from available.

17. DELIVERY OF PLANT:

The plant or material shall not be forwarded until shipping /dispatch instructions shall have
been given to the Contractor.
Notification of delivery or dispatch in regard to each and every consignment shall be made to
the Purchaser immediately after dispatch or delivery. The supplier shall further supply to the
Consignee a priced invoice and packing account of all stores delivered or dispatched by him.
All packages, containers, bundles and loose materials forming part of each and every
consignment shall be described fully in the packing account and full details of the contents of
packages and quantity of materials shall be given to enable the Consignee to check the
stores on arrival at destination.

18. ENGINEER’S SUPERVISION:

The manufacture and supply of plant shall be carried out under the direction and to the
reasonable satisfaction of the Engineer.

19. ENGINEER’S DECISION:

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In respect of all matters which are left to the decision of the Engineer, including the granting
or withholding of certificates, the Engineer shall, if required so to do by the Contractor, give in
writing a decision thereon, and his reason for such decision. If the decision is not accepted by
the Contractor, the matter shall at the request of the Contractor, be referred to arbitration
under the provision for arbitration hereinafter contained but subject to the right of reference to
arbitration such decision shall be final and binding on the Contractor.

20. LIABILITY FOR ACCIDENTS AND DAMAGE:

The Contractor shall be responsible for loss, damage or depreciation to goods up to delivery
at site.

21. REPLACEMENT OF DEFECTIVE PLANT OR MATERIALS:

If during the progress of manufacture or supply of plant the Engineer shall decide and notify in
writing to the Contractor that the Contractor has manufactured any plant or part of plant
unsound or imperfect, or has supplied any plant inferior in quality to that specified, the
contractor, on receiving details of such defects or deficiency shall, at his own expense, within
such time as may be reasonably necessary for the purpose proceed to alter, reconstruct or
remove such plant or part of plant, or Supply fresh materials up to the standard of the
specification, and in case the Contractor shall fail so to do, the purchaser may, on giving the
Contractor seven day’s notice in writing of his intention so to do, proceed to alter, reconstruct
or remove such plant or part of plant or supply all such materials at the contractor’s cost
provided that nothing in this clause shall be deemed to deprive the purchaser of or affect any
rights under the Contract which he may otherwise have in respect of each defects or
deficiencies.

22. DEDUCTION FROM CONTRACT PRICE:

All costs, damages or expenses which the purchaser may have paid, for which under the
Contract the Contractor is liable, may be deducted by the Purchaser from any money due or
which may become due by him to the Contractor under this contract, or may be recovered by
suit or otherwise from the contractor.
Any sum of money due and payable to the Contractor (including security deposit returnable to
him) under this contract may be appropriated by the Purchaser and set off against any claim
of the Purchaser for the payment of a sum of money arising out of or under any other contract
made by the contractor with the Purchaser.

23. TERMS OF PAYMENT:

(i) Subject to any deduction which the Purchaser may be authorized to make under the
contract, or subject to any additions or deductions provided for under clause 11, the
contractor shall, on the certificate of the Engineer, be entitled to payments as follows:

(a) Ninety per-cent of the FOR contract value of the plant in rupees on receipt by the
Purchaser of the Contractor’s invoice giving the number and date of the railway
receipt covering the dispatch of the plant from the Indian port and of the advice note
giving case number and contents, together with a certificate by the Contractor to the
effect that the plant detailed in the said advice note has actually been dispatched
under the said railway receipt and that the Contract value of the said plant so
dispatched is not less than the amount entered in the invoice.
(b) Ten percent of the FOR contract value of the plant on presentation of the contractor’s
invoice when each commercially useable section of the plant is complete and the last
portion of such section has been dispatched and the whole material has been
delivered at the place fixed for delivery and checked at the site of the work or within
one month of such delivery whichever is earlier.
(c) In case the material/equipment is dispatched by road transport 100% payment along
with sales/trade tax and excise duty, etc., shall be made by the purchaser on receipt
of material and check at site only but within one month of receipt of
material/equipment.

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(ii) If at the time at which the last installment becomes payable there are minor defects in
the plant which are not of such importance as to effect the full commercial use of the
plant, then the purchaser shall be entitled to retain such part of the installments as
represents the cost of making good such minor defects, and any sum so retained
shall, subject to the provisions of clause 30, become due upon such minor defects
being made good.
(iii) If the Purchaser desires that the plant or any portion should not be dispatched by the
contractor when it is due for dispatch, the Contractor shall store such plant or portion
at his works and be responsible for all risks. For such storage the Purchaser shall
pay to the contractor at a rate to be mutually agreed upon between the parties but not
exceeding Rs.15 (fifteen rupees) per tonne per week payable quarterly plus interest
@ 1 percent per annum above the current rate of the State Bank of India, on 80 per
cent of the contract value of the plant or portion thereof so stored, for the period from
the date on which the said plant on portion becomes due and is ready for shipment
up to the date on which it is actually shipped.

24. PROVISIONAL SUMS:

In any case where the contract price includes a provisional sum to be provided by the
contractor for meeting the expenses of extra work or for work to be done or materials to be
supplied by a sub-contractor, such sum shall be expended or used, either wholly or in part, or
be not used at the discretion of the Engineer and entirely as he may decide and direct. If no
part or only a part thereof be used, then the whole or the part not used, as the case may be,
shall be deducted from the contract price. If the sum used is more than such provisional sum
the contractor shall pay the excess. In the case of material, supplied or work done by a sub-
Contractor, the total of the net sum paid to the sub-contractor on account of such material or
works and a sum equal to 10 percent of such net sum allowed as contractor’s profit shall be
deemed to be the sum used. None of the work or articles to which such sum of money refers
shall be done or purchased without the written order of the Engineer. The Contractor shall
allow the sub-contractor every facility for the supply of materials or execution of their several
works simultaneously with his own, and shall, within fourteen days after the engineer has
requested him in writing so to do, pay the dues of such Sub-Contractors on account of such
materials or work: PROVIDED ALWAYS that the contractor shall have no responsibility with
regard to such works or articles unless he shall have previously approved the sub-contractor
and/or the material or plant to be supplied.

25. CERTIFICATES OF ENGINEER:

(1) Every application to the Engineer for a certificate must be accompanied by a detailed
invoice (in duplicate) setting forth in the order of the Schedule of prices, particulars of
the plant supplied and the certificates as to such plant as is in the reasonable opinion
of the Engineer, in accordance with the Contract shall be issued within fourteen days
of the application for the same.

(2) The Engineer may by any certificate, make any correction or modification in any
previous certificate which shall have been issued by him and payments shall be
regulated and adjusted accordingly.

26. CERTIFICATES NOT TO EFFECT RIGHTS OF THE PURCHASER OR CONTRACTOR:

No certificate of the Engineer on account, nor any sum paid on account by the Purchaser, nor
any extension of time granted under clause 26 shall affect or prejudice the rights of the
Purchaser against the Contractor, either under this Agreement or under the law, or relieve the
Contractor of his obligations for the due performance of the contract, or be interpreted as
approval of the plant manufactured or supplied, and no certificate of the Engineer shall create
liability on the purchaser to pay for any alternation, amendments, variations or additions not
ordered in writing by the Engineer, or absolve the Contractor of his liability for the payment of
damages whether due, ascertained, or certified or not or of any sum against the payment of

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which he is bound to indemnify the Purchaser nor shall any such certificate nor the
acceptance by him of any sum paid on account or otherwise affect or prejudice the rights of
the Contractor against the Purchaser, either under this agreement or under the law.

27. SUSPENSION OF WORKS:

The purchaser shall pay to the Contractor all reasonable expenses, incurred by the contractor
by reason of suspension of the manufacture of the plant or delay in shipment by order in
writing of the Purchaser or the Engineer unless such suspension or delay shall be due to
some default on the part of the Contractor or Sub-Contractor.

28. EXTENSION OF TIME FOR COMPLETION:


The time given to the Contractor for dispatch or delivery shall be reckoned from the date of
receipt by the Contractor of the order, together with all necessary information and drawings,
to enable the work to be put in hand.
In all cases in which progress shall be delayed by strikes, lockouts, fire accidents, defective
materials, delays in approval of drawings or any cause whatsoever beyond the reasonable
control of the Contractor, and whether such delays or impediment shall occur before or after
the time or extended time, for dispatch or delivery, a reasonable extension of time shall be
granted.

29. PRICE REDUCTION CLAUSE:

If the Contractor shall fail in the due performance of his Contract within the time fixed by the
Contract or any extension thereof, the Contractor agrees to accept a reduction of the Contract
price by half percent per week reckoned on the contract value of such portion only of the plant
as cannot in consequence of the delay be used commercially and efficiently during each week
between the appointed or extended time, as the case may be, and the actual time of
acceptance under clause 29 and such reduction shall be in full satisfaction of the Contractor’s
liability for delay but shall not in any case exceed 10 per cent of the contract value of such
portion of the plant.

30. REJECTION OF DEFECTIVE PLANT:

If the completed plant, or any portion thereof, before it is taken over under clause 29 be found
to be defective, or fails to fulfil the requirements of the Contract, the Engineer shall give the
Contractor notice setting forth particulars of such defects or failure, and the Contractor shall
forthwith make the defective plant good, or alter the same to make it comply with the
requirements of contract. If the Contractor fails to do so within a reasonable time the
Purchaser may reject and replace, at the cost of the contractor, the whole or any portion of
the plant, as the case may be, which is defective, or fails to fulfill the requirements of the
Contract. Such replacement shall be carried out by the purchaser within a reasonable time
and a reasonable price, and where reasonably possible to the same specification and under
competitive conditions. In case of such replacement by the Purchaser the Contractor shall be
liable to pay to the Purchaser the extra cost, if any, of such replacement delivered and /or
erected as provided for in the original Contract, such extra cost being the ascertained
difference between the price paid by the purchaser, under the provisions above mentioned,
for such replacement and the Contract price for the plant so replaced and also to repay any
sum paid by the Purchaser to the contractor in respect of such defective Plant. If the
Purchaser does not so replace the rejected plant within a reasonable time, the contractor
shall be liable only to repay to the Purchaser all moneys paid by the Purchaser to him in
respect of such plant.
In the event of such rejection, the Purchaser shall be entitled to the use of the plant in a
reasonable and proper manner for a time reasonably sufficient to enable him to obtain other
replacement plant. During the period the rejected plant is used commercially the Contractor
shall be entitled to a reasonable sum as payment for such use.

31. TAKING OVER:

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Where the specification calls for performance tests before shipment and these have been
successfully carried out, the plant shall be accepted and taken over and the Engineer shall
notify the Contractor to that effect. When the specification calls for tests on site the plant shall
be taken over immediately after such tests have been satisfactorily carried out and the
Engineer shall notify the Contractor to that effect.

Such notification shall not be unreasonably withheld, nor shall the Engineer delay giving such
notification on account of minor omissions and defects, which do not necessarily delay
shipment nor affect the commercial use of the plant without any serious risk: PROVIDED
ALWAYS that the Contractor undertakes to make good such omissions and defects at the
earliest possible moment.

32. MAINTENANCE:

For a period of 12 (twelve) calendar months commencing immediately upon the setting to
work of the plant or 18 months from the date of receipt of equipment by the Purchaser at site
whichever is earlier called “the maintenance period” the Contractor shall remain liable to
replace any defective parts that may develop in plant of his own manufacture or those of his
sub-contractors approved under clause 6, under conditions provided for by the Contract under
proper use and arising, solely, from faulty design, materials or workmanship : PROVIDED
ALWAYS that such defective parts as are not repairable at the site and are not essential in
the meantime to the maintenance in commercial use of the plant, are promptly returned to the
Contractor’s works at the expenses of the Contractor unless otherwise arranged.
If it becomes necessary for the Contractor to replace or renew any defective parts of the plant
under this clause, the provision of the first paragraph of this clause shall apply to the parts of
the plant so replaced or renew until the expiration of six months from the date of such
replacement or renewal or until the end of the above mentioned period of the twelve months
whichever may be the later.
If any defects be not remedied within a reasonable time, the Purchaser may proceed to do the
work at the Contractor’s risk and expense, but without prejudice to any other rights which the
purchaser may have against the Contractor in respect of such defects.
The repaired or new parts will be delivered in accordance with clause 10.The Contractor shall
bear reasonable cost of minor repairs carried out on his behalf at site.
At the end of the maintenance period the Contractor’s liability shall cease. In respect of
goods not covered by the first paragraph of this clause, the Purchaser shall be entitled to the
benefit of any guarantee given to the Contractor by the original supplier or manufacturer of
such goods.

33. ARBITRATION:

If any dispute, difference or controversy shall at any time arise between the contractor on the
one hand and the UJVN Limited and the Engineer of the contract on the other touching the
contract, or as to the true construction, meaning, and intent or any part or condition of, or
payment for the same, or as to the true intent, meaning, interpretation, construction or effect
of the clauses of the contract, specifications or drawings any of them, or as to anything to be
done committed or suffered in pursuance of the contract or specifications, or as to the mode
of carrying the contract into effect, or as to the breach or alleged breach of the contract, or as
to obviating or compensating for the commission of any such breach, or as to any other
matter or thing, whatsoever connected with or arising out of the contract, and whether before
or during the progress or after the completion of the contract, such question, difference or
dispute shall be referred for adjudication to the Chairman and Managing Director, UJVN
Limited or to any other person nominated by him in this behalf and his decision in writing shall
be final, binding and conclusive. This submission shall be deemed to be a submission to
arbitration within the meaning of the Indian Arbitration & Conciliation Act, 1996 and/ or any
statutory modification thereof. The arbitrator may from time to time with consent of the parties
enlarge the time for making and publishing the award.

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Upon every or any such reference, the costs of an incidental to the reference and award
respectively shall be in the discretion of the arbitrator, who shall be competent to determine
the amount thereof direct the same to be taxed as between solicitor and client or as between
parties and to direct by whom and to whom in what manner the same shall be borne and paid.

Work under the contract shall, if reasonably possible, continue during the arbitration
proceedings and no payments due or payable by the Nigam shall be withheld on account of
such proceedings.
34. CONSTRUCTION OF CONTRACT:

The Contract shall in all respects be construed and operate as a Contract as defined in the
Indian Contract Act, 1872, and all payments there under shall be made in rupees unless
otherwise specified.
35. MARGINAL NOTES:

The marginal note to any clause of this Contract shall not effect or control the construction of
such clause.

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