Annexure- H

Qualifying Requirements (Annexure- 1)

A. TECHNICAL CREDENTIALS
1. The bidder should have experience of having successfully executed the similar contracts for
providing / deploying of at least one no. Commercial vehicle (Jeep / Car / Hard Top Covered
Four-Wheeler) to DVC / any PSU / any Govt. or semi–Govt. Organization / Public Limited
Company in India on yearly hiring basis for a period of minimum 02 (Two) years during the last
05 (Five) years from the date of originally scheduled date of bid opening.

2. Note - In support of the above, bidders will have to submit / produce executed copy / copies of
Work Order / LOI / LOA / Service Contract / Rate Contract etc. together with successful work
execution / completion certificate issued by the employer or documents like payment made or any
other instruments etc. in respect of furnished orders which can show the successful execution of
the said order. Bidder should ensure that the order no. & date should appear in all the above
documents as submitted by them, which will be considered for the purpose of experience /
credential.

Experience of having successfully completed similar works during last 7(seven) years ending last
day of month before the one in which offers are invited should be either of the following:

a. Three similar completed works each costing not less than the amount
equal to Rs.2,69,620.00 (Rs. Two Lakh Sixty-Nine Thousand Six
Hundred and Twenty) only.
OR
b. Two similar completed works each costing not less than the amount equal to
Rs.3,37,025.00 (Rs. Three Lakh Thirty-Seven Thousand and Twenty-Five) only.
OR
c. One similar completed work costing not less than the amount equal to
Rs.5,39,241.00 (Rs. Five lakh Thirty-Nine Thousand Two Hundred and
Forty-One) only.

* Completed Work means: The executed/completed portion of Work / Contract, even if the work has
not been completed in totality, may also be accepted subject to furnishing proof of executed value of
work in the form of certified copies of RA Bills or other relevant documents as mentioned above.
Bidder shall ensure that the order no. & date should appear in all the above documents as submitted
by them, which will be considered for the purpose of experience / credential.
* Similar Work means: Carrying out works as transport contractor in DVC / any PSU / any Govt. or
semi–Govt. Organization / Public Limited Company in India on yearly contract basis.

B. FINANCIAL CREDENTIALS
Average Annual Financial Turnover -
During last 3 (Three) financial years ending on 31/03/2023 i.e. for F.Y. F.Y. 2020-21, 2021-22 and
2022-23 Average Annual Financial Turnover should be at least Rs. 2,00,000.00 (Rupees Two Lakh)
only. (Rounded off.)
Note –
(a) Other income shall not be considered for arriving at annual turnover.
(b) Bidders should submit Audited Annual Accounts report including Balance Sheet and Profit
& Loss account for the above period.
(c) In case where audited results for the preceding financial year are not available, certification
of financial statements from a practicing Chartered Accountant (with UDIN no.) shall be
considered acceptable.

C. OTHER CREDENTIALS
1. Relaxations in eligibility criteria for start-up vendors /MSE vendors: -The turn-over and past
experiences conditions are not applicable for Start-Up or MSE entrepreneurs subject to meeting
 of quality and technical specifications. Eligibility of such sellers in terms of the Turnover /Past
performance / Profitability etc. and also their eligibility for availing various benefits/advantages
in terms of various Govt. Policies / Guidelines / acts / Laws etc. shall be determined solely on
the basis of data fetched / validated or verified through external agency / owner of that set of
database such as Income tax/ PAN data base, MCA 21, Udyog Aadhaar, GSTN, Certifying
Agencies such as BIS, BEE etc.
2. Bidders should be owner of the vehicle (provided the vehicle must be registered as Public
Service / Commercial vehicle and should possess all the valid documents like vehicle
ownership, Commercial Registration Certificate, Road Tax Token, Insurance, Fitness Certificate
etc. as per M.V. Act. and registration of the vehicle should not be older than five (05) years
from the date of issuance of NIT). In such case, they will be required to submit the relevant
documentary evidence in proof of ownership of the said vehicle like copy of Owner Book of the
vehicle / Registration of the vehicle and other documents as specified above.
OR
3. In case the bidder is not the owner of vehicle, but they desire to take part in this tender, then they
have an option to procure the brand new vehicle and provide the same within 21 days from the
date of issuance of work order by DVC. In such case, they will be required to submit an
undertaking on Nonjudicial stamp paper [Min. Rs. 100/- (Rupees One Hundred) only] to this
effect that after placement of order they will book the brand-new vehicle and will submit the
booking receipt within 05 to 10 working days and will provide the new vehicle within 21 days
from the date of placement of order by DVC, failing which, the order placed on them should
stand cancelled followed by punitive action.
4. Bidder should be either a Private / Public Company or a Partnership Firm or a Proprietorship
Firm and should possess appropriate and valid document in support thereof. For e.g. Company
Registration Certificate or Certificate of Incorporation (in case Private / Public Limited
Company) or Partnership deed (in case of Partnership firm) or Affidavit (in case of sole
Proprietorship firm) or Trade License or Udyog Adhaar etc.
Bidder will have to furnish self-attested photocopy of valid documents (as mentioned above) in
support of their legal status as a Company / Partnership / Proprietorship firm (as the case may
be), along with their offer.
 OTHER TERMS & CONDITIONS (ANNEXURE – 2 )

1. In case of major breakdown or withdrawal of the vehicle from service by the contractor or any
reason whatsoever, the contractor shall immediately provide similar vehicle duly approved by
The Sr Manager (C), DVC, Maithon & STA to ED (C) referred as reporting authority from now
onwards. Withdrawal of the vehicle by contractor shall be done with prior approval of the said
official only against the replacement by similar substitute. For servicing of vehicle, a free time
of maximum twenty-four hours will be allowed once in every complete month during daytime.
The choice of such period for servicing shall be that of the DVC officials against sufficient
notice by the contractor.

The contractor shall have to produce necessary documentary evidence in support of servicing
done, failing which the same will be treated as unauthorized and penalty as deemed fit to be
imposed. For obtaining fitness certificate from statutory registering authority, the vehicle shall
be released for one complete day for every three months without levying any penalty provided a
suitable substitute vehicle is arranged. But mileage covered to and from for fitness check
purpose shall not be taken into account for payment. Documentary evidence of such certificate
obtained shall be furnished: otherwise it will be treated as unauthorized absence.

The odometer of the vehicle shall be perfectly in order and in case of defect the same shall be
immediately repaired / rectified at the contractor’s cost. For the period the odometer is not in
order and KM run is not recorded in the Logbook, payment shall not be made.

2. The vehicle may be sent for out station duty, if required, as per instruction / advice of reporting
authority for carrying out emergency official work both in Jharkhand & West Bengal. The driver
will have to make arrangement for the vehicle and his own accommodation, food & lodging etc.
at his own cost.

3. The vehicle shall be engaged only for official duty of the Concerned Section as described in
SCOPE OF WORK, during the engagement days of contract period and shall not be used by the
contractor on other days for any other purpose except with specific approval of the Authority.

4. Employment of Drivers/Helpers/Conductors/Supervisory Staff in connection with the services

of vehicle is entirely the responsibility of the Contractor, and DVC Authority is in no way
related / responsible for their employment/employability or any other claim thereof. The owner
of the vehicles shall abide by all sorts of labour laws as applicable from time to time.

The contractor of the vehicle will be responsible for safe traveling of the concerned passengers.
Safety, punctuality and their comfort are the essence of the contract.

5. All taxes, duties, insurance premium, permits applicable as per law or to be levied in future
during the contractual period in respect of vehicle shall have to be borne by the contractor and is
required to furnish up-to-date documents of such payment during the period of contract to
reporting authority for verification.

6. The Contractor shall place the vehicle along with Driver (s) and Conductor (s) (if required) of
the vehicle at the disposal of the Concerned Authority for deployment of different duties
according to the requirements as mentioned in the “Scope of work”.

7. The contractor shall have to comply with the statutory provisions applicable in respect of
providing commercial vehicle on hiring basis. The contractor shall bear all charges for running
the vehicle and all remuneration and facilities of Operators/Supervisory Staff etc. involved with
the vehicle services.
 8. The vehicle will perform day to day work / duty of the Concerned Section and also other
incidental trips, essential administrative work of GOI / Govt. of W.B./ Govt. of Jharkhand as per
direction of reporting authority.

9. Contractor also must produce valid permit (s), Road Tax, Registration of jeep, fitness certificate
in respect of the vehicle with comprehensive insurance and Pollution Clearance Certificate after
obtaining the same to reporting authority for verification. Contractor should renew the Insurance
Policy, Pollution Clearance Certificate, and other required documents of the jeep throughout the
tenure of the contract.

10. SUB-LETTING & ASSIGNMENT: During the period of contract, the vehicle shall
exclusively be used as per the direction of the Concerned Authority. The hired vehicle shall not
be sublet during the contract period, nor shall any unauthorized person be allowed to travel by
the vehicle within the contract period.

11. AGREEMENT: - An agreement in DVC's prescribed format shall be executed by the

contractor on a non-judicial stamp paper worth Rs. 100.00 (Rupees One Hundred) only.
Contract agreement shall be executed after receipt and verification of the requisite performance
security (wherever applicable). The said agreement will be duly signed by the authorised
representative of DVC and authorised signatory of Supplier/Contractor/ Service
Provider/Consultant. The Supplier/Contractor/ Service Provider/Consultant should acknowledge
and unconditionally accept, sign, date and return the agreement within 14 days from the date of
issue of LOA/PO/Work Order in case of OTE. Such acknowledgements may not be required in
low value contract, below Rupees Two and a Half Lakh or when the bidders offer has been
accepted in entirety, without any modifications. If both parties simultaneously sign the contract
across the table, further acknowledgement from the supplier is not required. Non- execution of
Contract Agreement by the Supplier/Contractor/Service Provider within 30 days from the date
of issue of LOA/PO/Work Order in case of OTE and 45 days from the date of issue of
LOA/PO/Work Order, due to the fault of the Supplier/Contractor/Service Provider, will
constitute sufficient ground for forfeiture of its EMD (wherever applicable) and shall short close
the Contract and retender and in this re-tender such defaulting Bidder will not be allowed to
participate.

12. It is the obligation of the contractor to comply with the provisions of all laws, rules, orders and
regulations and notifications whether Central or State or Local as applicable to him or to the
agreement from time to time.

13. The vehicle will be inspected frequently by the DVC Authorities.

The vehicle shall be kept in running condition at all time and procurement of fuel, lubricants,
spares etc. will be arranged by contractor at his own cost. Routine maintenance, repairs,
frequent check-up, servicing, overhauling, payment of wages to drivers, cleaners and
conductors, etc. will be the contractor’s liability.

14. The contractor shall not pay less than minimum wages to the workers under the Minimum
Wages Act and the Govt. rules made there under subject to revision from time to time. Also the
copies of the payment voucher on the above should be produced in every month during the
period of contract to reporting authority for verification.

15. No separate rates for engagement of the vehicle on Sundays and Holidays will be admissible.
The payment to the driver for engagement on Sundays / Holidays as per Statutory Regulations
will be owner's (contractor's) account without any reflection in the contract value.
16. Requirements i.r.o. the vehicle: -
A. The requirement of vehicle is AC Diesel Engine Driven.

B. The vehicle should be of latest equivalent models and in good running condition with
registration (as new vehicle) not older than 05 (five) years from the date of NIT, having
cushioned seats and back rests, Interior upholstery and decoration should be good. Vehicle
should be in very good running and roadworthy condition, all safety measures and
arrangements e.g. WIPER, Window Railings, Door Locks, Handles, Grips, windowpanes
etc. should be in perfect condition.

C. The vehicle should be equipped with a spare wheel, set of Tools, FIRST AID BOX and
other necessary requisites. The vehicle should be mechanically perfect in respect of Brake
System, Steering System, Suspension System, Tyres, Horn, Headlight, Indicator etc. The
vehicle provided by the contractor should comply with all the legal formalities in respect of
State Motor Vehicle Act and State Govt. /Central Govt. Pollution Norms and other
Acts/Regulations implemented from time to time.

17. Driver(s) engaged must possess valid Public Service Driving Licence for Public
service/commercial vehicles.
Driver(s) should be well trained to meet the emergency situations, e.g. breakdown, accident and
other eventualities. Moreover, the Driver engaged must be Obedient and responsible enough to
discharge the duty properly, failing of which the contractor has to replace him immediately if
any unfavorable report is reported against him.

18. Starting point for the purpose of calculation of run of the vehicle in Kilometre for the payment
of Running Charges will be from the reporting point as per direction of the reporting authority.
In case of absence of regular driver, one standby driver must be made available. The standby
driver must possess valid gate pass / driving license etc.

19. The vehicle shall be kept in always running condition and procurement of fuel, lubricants,
spares etc. will be arranged by Contractor at his own cost. Routine maintenance, repairs,
frequent check-up, servicing overhauling, payment of wages to
Drivers/Helpers/Conductors/Supervisory Staff etc. will be the contractor's liability.

20. The vehicle will be authorised for different journeys as per direction, Time & Route Chart issued
by the Concerned Authority or their authorised representative and as such, the Drivers /
Conductors of vehicle will have to perform duties as per itinerary Instruction of the reporting
authority. The time & route chart must strictly be adhered to.

21. Reporting point of the vehicle will be at some place of Maithon as per direction of Concerned
Authority.

22. EPF & ESI clauses shall be applicable as per rules.

23. In case of breakdown of the vehicle during any trip, it should be the endeavour of the
Contractor or his representative to get it repaired or to arrange alternative vehicle as early as
possible and complete the trip and schedule journey. Failure to comply the above will be
treated as failure to provide the vehicle trip, and penalty will be imposed as per the appropriate
clause of the PENALTY CLAUSE of Service Level Agreement (SLA).
24. After placement of LOA/WO mentioning specific vehicle with registration number, the
vehicle is to be placed for operation within 10 days (21 days for new vehicle), failing the order
(LOA/WO) will be treated as cancelled.

25. A set of LOGBOOKS shall be maintained by the contractor for every calendar month, to be
indicated therein, the Date, Time details, Details of journey and Mileage covered at the end of
each trip duly certified by Contractor and endorsed by the reporting authority. A pair of such
LOGBOOKS shall be maintained for odd and even calendar months.

26. On expiry of the contract period, the contractor must deposit all the LOG Books maintained
throughout the contractual period to the reporting authority.

27. The contractor shall pay the parking charges / toll taxes wherever required and the same will
be reimbursed against the documentary evidence.

28. DVC shall have no responsibility for any damage to the vehicle by destruction or otherwise for
any reason whatsoever and shall have no liabilities to pay any compensation to any person
including driver of the vehicle being involved in any accident or destructive activities. The
contractor shall take full responsibilities on all such legal matters as per Rules. The insurance
of the vehicle should be the comprehensive one and shall cover the liability in respect of
passengers / Officials also.

29. DVC shall not be liable for payment of any charge / compensation in case where:
(a) Vehicle is under breakdown.
(b) Vehicle remains idle due to STRIKE or any other reason beyond the control of any
authorities of Maithon, DVC.

30. If in the opinion of the the reporting authority performance of the contractor is not satisfactory
with respect of quality of vehicle deployed or service rendered not conforming to these terms &
conditions of the contract, the corporation may terminate the contract within 7 (seven) days’
notice in writing and such termination of the contract shall be final and binding upon the
contractor.

31. The contract is also liable for termination by giving 3 (three) months’ notice by the competent
DVC authority without assigning any reason whatsoever.

32. The Contractor will have to deploy only that vehicle which is conforming to the Clause no. 18
(Requirements i.r.o. of the vehicle) of this Terms & Conditions. In case of breakdown of any of
the above-mentioned vehicle, the contractor may engage vehicle in good condition for a short
time and purely on temporary basis with prior approval of the Concerned Authority. However,
the contractor should take initiative to re-deploy the vehicle conforming to the Clause -
Requirements i.r.o. of the vehicle within 48 hours.

33. The vehicle should have a Board marked “ON MAITHON, DVC DUTY” in bold and
prominent letters. These Boards should be placed before the windscreen of the respective
vehicle.

34. Maintenance of Time Route Schedule for each and every trip is the essence of the contract. The
Time Schedule will be given to the successful contractor from the Concerned Authority or his
authorized representative on day-today basis (At 4.30 P.M.) for the schedule of next day. If
there is any delay on the part of the contractor in providing the vehicle for any journey or the
vehicle provided by the contractor is not conforming to the quality standard mentioned in the
 Clause - Requirements i.r.o. of the vehicle - of Term & Conditions of contract or the driver(s) or
helpers are not physically and mentally healthy condition to drive the vehicle. The reporting
authority may cancel any trip/trips or not providing the vehicle for whole day and penalty will
be imposed as per the appropriate sub-clause of the PENALTY CLAUSE.

35. No charges will be paid to the Contractor for non-engagement days or run of vehicle not
scheduled/directed by the reporting authority.

36. The Detailed Route Chart with Timings etc. will be given to the successful contractor after
placement of contract. As the vehicle timings are subject to change, day to day engagement and
Timing and Route Chart Schedule of the vehicle are also subjected to change and will be
issued / informed to the successful contractor before the trip begins.

37. DVC reserves the right not to accept the lowest rate quoted by tenderer and reject any or all the
tenders without assigning any reason thereof.

38. DVC shall not be responsible in any way for any delay / difficulties / inaccessibility of the
downloading or uploading facility from the website for any reason whatsoever. In case of any
discrepancies found between the downloaded tender documents from the website and the master
copy available in the website, the later shall prevail and will be binding on the tenderer (s). No
claim / appeal on this account will be entertained or given cognizance.

39. PENALTY: -
(A) A penalty of Rs.1500.00 (Rupees One Thousand Five Hundred only) only for the vehicle
will be imposed on the contractor for failure to provide the vehicle for the whole day.
(B) If the Contractor deploys vehicle whose quality is not as per NIT (e.g. if registration is
older than 5 years from the date of NIT) for more than 3 consecutive days in a month, no
hiring charges as well as no fuel charges (running charges) i.r.o. the vehicle will be paid.
(C) During idle hours on duty, the vehicle shall be parked with driver at a location as
instructed by the reporting authority. If vehicle / driver is found missing at any time
during duty hours, penalty at prorata hourly rate of deduction to be made i.r.o. that
vehicle
@ Maximum KM run X Rate per KM
--------------------------------------
Total days of month X 9

40. All Tenderers would be bound by the terms and conditions as detailed in the tender
specification by DVC and GeM’s General Terms and Conditions (GTC). Terms and
conditions which are not specifically mentioned in the NIT and GeM’s General Terms and
Conditions (GTC) shall be covered by General Conditions of Contract (GCC) of DVC
available along with NIT. Bidders are requested to go through GCC (General Conditions of
Contract) of DVC available in https://www.dvc.gov.in/dvcwebsite_new1/conditions-of-
contract/ .
 Special Terms and Conditions

1. The vehicle must be registered as Public Service / Commercial vehicle and should possess all the
valid documents like vehicle ownership, Commercial Registration Certificate, Road Tax Token,
Insurance, Fitness Certificate, Pollution Certificate as per M.V. Act.

The registration of the vehicle should not be more than five (05) years old from the date of
issuance of NIT and should be well maintained and in roadworthy condition.

2.
(a) Bidders of the owner of the vehicle (provided registration of the vehicle should not be older
than five (05) years from the date of issuance of NIT). In such case, they will be required to
submit the relevant documentary evidence in proof of ownership of the said vehicle like copy
of Owner Book of the vehicle / Registration of the vehicle.

OR
(b) In case the bidder is not the owner of vehicle, but they desire to take part in this tender, then
they have an option to procure the brand-new vehicle and provide the same within 21 days
from the date of issuance of work order by DVC. In such case, they will be required to submit
an undertaking on non-judicial stamp paper [Min. Rs. 100/- (Rupees One Hundred) only] to
this effect that after placement of order they will book the brand-new vehicle and will submit
the booking receipt within 05 to 10 working days and will provide the new vehicle within 21
days from the date of placement of order by DVC, failing which, the order placed on them
shall stand cancelled.

3. Bidder should be either a Private / Public Company or a Partnership Firm or a Proprietorship

Firm and should possess appropriate and valid document in support thereof. For e.g. Company
Registration Certificate or Certificate of Incorporation (in case Private / Public Limited
Company) or Partnership deed (in case of Partnership firm) or Affidavit (in case of sole
Proprietorship firm) or Trade License or Udyog Adhaar etc.

Bidder will have to furnish self-attested photocopy of valid documents (as mentioned above) in
support of their legal status as a Company / Partnership / Proprietorship firm (as the case may
be), along with their offer.

4. The vehicle to be provided / deployed on hire basis should be owned by the bidder in the name
of their firm as per the following manner –

i) For Private / Public Company – The ownership of the vehicle should be in the name of
the company.

ii) For Partnership Firm – The ownership of the vehicle should be in the name of the firm
or in the name of the partners (either severally or jointly).

iii) For Proprietorship Firm – The ownership of the vehicle should be either in the name of
the firm or in the name of the proprietor.
5. Payment Terms: 100% payments on the basis of monthly (unless otherwise specified) bills
will be paid within ten (10) days of issue of consignee receipt-cum-acceptance certificate
(CRAC) and on-line submission of bills unless otherwise specified in STC / ATC.
6. Payment Criteria for Overtime hour–
 Overtime charges for beyond 9 Hrs normal Duty will be paid @ Rs. 78.77 (Rupees Seventy-
Eight and Paisa Seventy-Seven) only. The same will be at actual based on the duty hours
beyond normal duty hours.

7. Submission of documents - Scanned copies of the following documents along with bid
documents shall have to be uploaded in GeM portal during submission of bid online for
techno-commercial evaluation & compliance thereof.
(I) Copy of duly filled-up, signed and stamped ‘Techno-commercial Schedule with Detailed
Checklist’.
And
(II) Scanned copies of –
(A) Letter of Bid as per format given in NIT (Form no. - 1).
(B) Affidavit on Non-judicial stamp paper of Rs. 10.00 as per format given in NIT.
(Form no. - 2).
(C) Certificate of No Relation in DVC as per format given in NIT (Form no. -3.
(D) Basic information about bidder as per format given in NIT (Form no. - 4).
(E) Copies of valid EPF & ESI Registration Certificates
(F) Valid GST Registration Certificate
(G) Ownership Documents –
(i) Owner Book
(ii) Insurance Papers
(iii) Commercial Registration Certificate
(iv) Certificate of fitness
(v) Up to-date Tax Token
(vi) Pollution Clearance Certificate
OR
(H) In case of New Vehicle –
(i) Undertaking on Non-judicial stamp paper [Min. Rs. 100/- (Rupees One Hundred)
only] to provide the new vehicle within 21 days of placement of Work Order (as per
the format given in the NIT).
(I) Documents relating to status of organization -Sole/Proprietorship/ Private
Limited/Public etc.)
QR-Documents –
Audited Financial Reports for the last 03 financial years (2020-21 , 2021-22 and 2022-23) from
a practicing Chartered Accountant, with UDIN.

8. Contract Period – The contract shall remain valid for a period of 02 (two) years from the date of
commencement of work.

9. Security Deposit-cum-Performance Guarantee -: The successful tenderer will have to deposit

security, for an amount equivalent to 10% of the order value in the form of Bank Guarantee (as
per GeM format downloaded by the successful bidder through its GeM id) and Bank Demand
Draft / Pay Order within 30 days from the date of issuance of purchase order, from any
Nationalized Bank / Scheduled Bank and it should have validity for 24 (Twenty Four) months
from execution of BG plus 2 months claim peri od thereafter. The said BG should be extended
suitably covering the entire guarantee period plus 2 months claim period. No payment will be
made till the acceptance of the said BG by DVC. In case banks refuse to issue BGs having Claim
Period separately, the validity period of those BGs may be taken as 26 months.

Instruction for submission of BGs:

 (i). The BG shall be issued in appropriate non-judicial stamp paper and submitted by the Vendor,
to C&M Section in Original. The said BG shall be issued on the SFMS (Structured Financial
Messaging System) mode by Issuing Bank.

(ii). C&M Section/BG Accepting Authority of DVC will request confirmation regarding
genuineness of the received BG from its Advising Bank. The BG shall be operational only on
confirmation of receipt of SFMS from respective Advising banks.

(iii). Scanned copy of the received BG shall be sent to the respective Advising ban k through
registered e-mail id of C&M Section/BG Accepting Authority of DVC, seeking confirmation
of receipt of SFMS. Respective advising Bank will confirm the receipt of SFMS regarding its
genuineness by returning e-mail.

(iv). BG will be accepted only on receipt of SFMS confirmation e-mail from the respective
Advising banks. Following are the details of Advising banks of DVC, Maithon : - Maithon
BANK OF INDIA A/C No. – 477721110000001 IFSC Code : BKID0004777 Henceforth, the
B.G. will be accepted only if:

(a) The Bank Guarantee shall be issued on the SFMS (Structured Financial Messaging System)
mode by Issuing Bank.

(b) Details of respective advising banks including IFSC Code.

10. Bidders are requested to confirm quantum of GST in percentage which is included in their
quoted price in Techno-Commercial Schedule (Form-5).

11. Bidder also needs to submit duly filled Form-1, Form-2, Form-3, Form-4, Form-5, Form-6 and
Form-7 attached with this NIT.

12. Vendor Bill Tracking System:

The Vendor Bill Tracking system is active & available at
https://application.dvc.gov.in/Vendor/ (under PROCEREMENT tab of DVC homepage
https://www.dvc.gov.in/).
The Vendors on award of contract need to register themselves & submit their contract
related bills online. After submission of the bill, a cover letter containing unique bill ID
shall be generated which must be submitted to DVC along with other payment related
documents in hardcopy.
Helpline Contact Details:
User Employee Employee Email Contact No.
Role Name ID
IT Shri nilambor.roy@dvc.gov.in 8637821207
Officer Nilambor
Roy
Nodal Shri Parshuram.jha@dvc.gov.i 9798717400
Officer Parshuram n
Jha
Others relevant formats to be submitted along with Bid Documents and Draft Contract Agreement
FORM NO. 1
LETTER OF BID

To
The Dy. Chief Engineer (M),
C&M, DVC, Maithon.
Jharkhand-282207.

Sub:

Ref: 1. NIT No:

2. Quotation No. with date: ‘……………………..…………..’

Dear Sirs,

We offer to undertake the job as per our offered bill of quantity in accordance with the conditions of
the NIT document as available in the website. The details of the application fee/cost of Tender
document being submitted by us has been furnished on-line.
I/We are a Micro/ Small Enterprise covered under the provision of Micro Small and Medium
Enterprises Act’2006 and registered with the authority of the State Government.
OR
I/We are not covered under the provision of Micro Small and Medium Enterprise Act, 2006
This Bid and our written acceptance of it shall constitute a binding contract between us. We
understand that you are not bound to accept the lowest or any bid you receive.
We hereby confirm our acceptance of all the terms and conditions of the NIT document
unconditionally.

Yours faithfully,

(Signature of Bidder OR Authorised person of bidder OR)

DSC Holder bidding online with authorisation from bidder)

[STRIKE OUT THE PORTION WHICH IS NOT APPLICABLE]

1. Name of Authorised Signatory:
2. Type of Authorisation:
3. Name of the Bidder:
4. Address:
5. e-Mail Address:
6. Mobile Number:
7. FAX Number:
8. Telephone Number:
9. Place:
10. Date:
NOTE: “Letter of Bid” will be downloaded by the bidder and will be printed/ typed on his letter
head. This document will be signed by the bidder and the scanned copy of the same will be uploaded
during bid submission in Techno-Commercial Part. This will be the covering letter of the bidder for
his submitted bid. The content of the “Letter of Bid” uploaded by the bidder must be the same as per
format given above and it should not contain any other information.
FORM NO. 2

PROFORMA OF AFFIDAVIT TO BE SUBMITTED BY THE BIDDER

(for genuineness of the information furnished on-line and authenticity of the documents produced
before Tender Committee for verification in support of his eligibility)
Non Judicial Stamp Paper (minimum value of Rs. 10.00).
AFFIDAVIT

I/We, ----------------------------------------------------, authorized representative of M/s.

……………………….. ……………………………………..
………………………………………………….. solemnly declare that :

1. I/We am/are submitting Tender for supply / works / services of

--------------------------------------------------------------------------------------------------------------------------
------------------------ against NIT No.-------------------- dated ------------, vide Bid ID.
--------------------------------

2. All information furnished by me/us on-line in respect of fulfillment of eligibility criteria and
qualification information of this Tender is complete, correct and true.

3. I/We and /or our affiliates is/are not banned/suspended by DVC / Ministry of Power / Govt. of
India / Department of Power & Non-conventional Energy Sources, Govt. of West Bengal / Govt. of
West Bengal / Department of Energy, Govt. of Jharkhand / Govt. of Jharkhand.
OR
I/We and/or our affiliates have been banned/suspended by DVC / Ministry of Power / Govt. of India /
Department of Power & Non-conventional Energy Sources, Govt. of West Bengal / Govt. of West
Bengal / Department of Energy, Govt. of Jharkhand / Govt. of Jharkhand for a period of
------------------ year/s, effective from ------------------- to ----------------

4. All scanned copy of documents, wherever applicable, uploaded by me / us in support of the

information furnished online by me / us towards eligibility are valid and authentic.

5. I/We are a Micro/ Small Enterprise covered under the provision of Micro Small and Medium
Enterprises Act’2006 and registered with the authority of the State Government.
OR
I/We are not covered under the provision of Micro Small and Medium Enterprise Act, 2006

6. If any information furnished by me / us online and scanned copy of documents uploaded in

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

Signature of the Tenderer

Dated:
Signature and Seal of Notary
FORM NO. 3
PROFORMA FOR NO RELATION CERTIFICATE

Certified that I/ We have no relative posted in Accounts/ Finance Department in any capacity
between grades of Divisional Accountant and Manager (Finance) (both inclusive) or as an Engineer
in the capacity between the grades of Dy. Chief Engineer and Junior Engineer (both inclusive) in
DVC under whose audit/ technical control the work will be executed. I/ We shall also intimate the
name of persons who subsequently employed by me/ us who are nearly relatives to any Engineer/
Divisional Accountant/Accounts/Finance Officials in DVC.

By the terms near relative is meant wife, husband, parents and grandparents, children and
grandchildren, brother and sisters, uncles, aunts and cousins and their in-laws.

Signature of the Contractor

*************
FORM NO. 4.
FORMAT FOR BASIC INFORMATION ABOUT THE VENDOR
RFQ Number:_________________________ Date:______________

Instructions to fill up the Basic Information:

(i) Please use this worksheet to specify basic financial/ IR/ Contact information; an authorized person
should sign the document at relevant section.
(ii) Past Industrial Relations track record, please mention if there was closure/ cessation of work at
any of your plant(s) in the last 5 years.
13. Use this form as Proforma/ Format. Use additional sheets to provide relevant information.
14. Provide all the certified relevant documents w.r.t claims made in this Form.
1. Company’s Name
2. Ownership Details
3. Manufacturer/ Distributor/ Dealer
Mention, if PSU/ Joint venture with PSU/
4.
SSI
In case of PSU – Central PSU or state Govt.
5.
PSU
In case of a Joint Venture, details of % wise
6.
equity holding
7. SSI Unit details, if applicable
8. ISO Status
9. Whether product is ISI Marked or as per ISI
10. Contact Person & Designation
11. Phone No./ Mobile No.
12. Fax No.
13. E-mail
Financial details of Turnover & profit las
14.
for the 3 years t
Major Manufacturing Capabilities
Sr. No. Name & Installed Capacity Present lever order booking
15.
Address Capacities Utilized FY1 FY2 FY3

The year of inception of the company /

16.
business
17. Stocking points

Name & Address of your bank, Bank Account No, Type of Account, Branch Code, Name of the
branch:

Income Tax Permanent Account No (PAN) & Place of Issue:

I hereby certify that all information provided above is correct to the best of my knowledge.

(Signature, name & seal of the authorized person)

Form- 5
TECHNO - COMMERCIAL SCHEDULE
BIDDER's NAME, Address, Ph. No. and Fax No.
NIT No. & Date
Bidder's Quotation No. & Date
Hiring of One (01) no. of AC Diesel
Driven SEDAN Vehicle (Honda
Subject of NIT Amaze or Eqv) for the pool of HOP,
DVC Maithon for a period of Two
(02) Years.
Sl.No DESCRIPTION OF INDENTED Quantity Whether Specifications & Quantity of
ITEMS (Nos) Offered Items are accepted as per NIT
(Please indicate clearly the item
specification)
1 Hiring of One (01) no. of AC Diesel
Driven SEDAN Vehicle (Honda
Amaze or Eqv) for the pool of 1
HOP, DVC Maithon for a period of
Two (02) Years.
Sl.
Clauses (As per NIT) Bidder's Compliance/Comment
No.
1 Whether Scope of Work and Terms and Conditions
has been accepted as per NIT (Mention YES/NO)
2 The vehicle should not be older than 5 (five) years
from the date of NIT. (Mention YES/NO)
3 Registration No. of the offered vehicle.
4 Whether scanned copy of the undertaking (as per
NIT on non - judicial stamp paper of Rs. 100/-) has
been uploaded if the bidder opted for providing
NEW vehicle. (Mention YES/NO)
5 Whether bidder possess the valid Insurance
certificate for the vehicle. (Mention YES/NO)
6 Whether bidder possess the valid Road Tax for the
vehicle. (Mention YES/NO)
7 Whether bidder possess the valid pollution clearance
certificate for the vehicle. (Mention YES/NO)
8 Whether the bidder will submit valid road permit
(for Jharkhand / West Bengal) in the event of order
(Mention YES/NO)
9 Whether the bidder will submit valid Fitness
Certificate, if applicable (Mention YES/NO)
10 Whether scanned copy of Affidavit, No relation
Certificate, Basic information about the Vendor and
'Letter of Bid' as asked for in the NIT has been
uploaded. (Mention YES/NO)
11 Whether scanned copy of EPF Registration
Certificate has been uploaded. (Mention YES/NO)
12 Whether scanned copy of ESI Registration
Certificate has been uploaded. (Mention YES/NO)
13 Whether Scanned copy of document i.r.o GST has
been up loaded. (Mention YES/NO)
14 Please mention quantum of GST (in %) which is
included in the offered price.
Form- 6

FORMAT OF UNDERTAKING FOR PROVIDING NEW VEHICLE (IF APPLICABLE)

(On Non-judicial stamp paper)

To
The Dy. Chief Engineer (M),
C&M, DVC, Maithon.
Jharkhand-282207

Subject: Undertaking for providing new vehicle.

Ref.: NIT NO.________________________________________; Dated:

_________________________________

Respected Sir,
With due regards, In accordance with your Notice Inviting Tender under reference above
for______ _________________________________
M/S______________________________________________________________________
(Name

& full address of the firm) hereby confirms you the following: -
1. If Work Order is placed on me, then I shall provide a new vehicle within 21 days of issuance of
Work Order.
2. In case I fail to provide the new vehicle within the above stipulated period, then order placed
on me should stand cancelled and my EMD will be forfeited.

Thanking You.

Yours faithfully

Date:(Signature)
Place: (Printed Name)
Form No.7
ANNEXURE-I
CERTIFICATE
(Bidder's Letterhead)
1. We certify that we have read the orders of Department of Industrial Policy and Promotion,
MoC&I, GOI vide No. P-45021/2/2017-B.E.-II dated 15.06.2017 [Public Procurement
(Preference to Make in India) Order'2017] and its subsequent revisions/amendments issued by
MoF, GOI and by MoP, GOI time to time. We further certify that we follow all requirements
in this regard (wherever applicable) and are eligible to be considered.
2. We certify that we have read the orders of Department of Expenditure, Public Procurement
Division,
MoF, GOI vide F.No.6/18/2019-PPD dated 23/07/2020 (Public Procurement No.1 & Public
Procurement
No.2) and dated 24/07/2020 (Public Procurement No.3) and its subsequent
revisions/amendments issued by MoF, GOI time to time, regarding requirement of registration
with the Committee of DPIIT, MoC&I, GOI for "procurement from a bidder (including its
Collaborator/Associate/ 'DJU Partner' / 'JV partner' / 'Consortium Member' /Assignee, wherever
applicable)", "sub-contracting works to any contractors" and "procurement of goods by the
bidder directly/indirectly from the vendors" of a country which shares a land border with India
(except for the Countries to which the Government of India has extended lines of credit or, in
which the Government of India is engaged in development projects).
We further certify that we fulfill all requirements in this regard (wherever applicable) and are
eligible to be considered.

3. We certify that we have read the MoP, GOI's orders vide no. 25-11/6/2018-PG dated
02.07.2020 & vide no. 11/05/2018-Coord dated 23.07.2020 and its subsequent
revisions/amendments issued by MoP, GOI time to time with regards to "testing of imported
items to protect the security, integrity and reliability of the
strategically important and critical Power Supply System & Network in the country,
considering vulnerabilities in the Power Supply System & Network mainly arise out of the
possibilities of cyber-attacks through malware / Trojans etc. embedded in imported equipment".
We further certify that we will follow all requirements in this regard (wherever applicable) and
are eligible to be considered.
Date:
Place: (Authorised Signatory)
(Printed Name)
(Designation) ________________________________
(Name)_____________________________________
Address_____________________________________
(Company Seal)
 Annexure-3
AGREEMENT FOR “(Name of Work)……………………………………………………
………………………………………………… …………………………………………………..

AN AGREEMENT made and entered into this ………..day of………….20…… by and between M/s
DAMODAR VALLEY CORPORATION (DVC), (Name of the Power Station /Hydel
Station/Field Formations) of the FIRST PART (which expression shall unless repugnant to the
context be deemed to include its successors or assigns) and M/s …………………..(Name second
Party) of the SECOND PART (which expression shall unless repugnant to the context or meaning
thereof be deemed to include its successors or assigns.)

WHEREAS the aforesaid Party of the First Part invited tenders for the work of
‘……………………………………...(Name of the work)
……………………………………………………………
…………………………………………………………………………………………………………
………………………………………………………..

WHEREAS the tender of the Party of the Second Part was accepted and the work was awarded to the
Party of the Second Part by Work Order No.
………………………………………………………………………………………………..
(Subsequent Amendment Order & Extension Order no., if any)

AND WHEREAS the Party of the Second Party has accepted the work order aforesaid in their letter
No. ……………… Dated …………….

Now the Agreement, witnessed and it is hereby agreed by and between the parties as follows:

I. This Agreement is a contract for service, consisting of Clauses 1 to 20, inclusive of Annexure
hereto and NIT/LOA/LOI/Work Order/DVC’s GCC/DVC’s T1/T3
Forms shall form an inseparable part of this Agreement.

In consideration of the payments to be made by the Party of the First Part to the Party of the Second
Part, the Party of the Second Part hereby covenants to carry out the work for
‘……………………………………………………………………………….………(Name of Work)
first Part hereby covenants to pay to the Party of the Second Part in consideration of the aforesaid
work, as provided in the Agreement.

1) DEFINATIONS:-
a. “Commencement date” shall mean the date on which this Agreement shall come into
force.
b. “Payment” shall mean the amount payable as specified in Clause 10.
c. “Premises” shall mean the premises described in Schedule I .
d. “Notice” shall mean Notice complied with the terms of Clause 16.
e. “Services” shall mean the detailed scope of work as described in Schedule II .
f. “Terms & Conditions” shall mean the terms and conditions which is in the works and
procedural manual 2016 and the terms and conditions mentioned herein after and is binding
on the parties.

2) OBLIGATIONS OF THE PARTY OF THE SECOND PART:

a) The Party of the Second Part shall provide services as agreed upon and set out in Schedule
II for the term of the Agreement or until it is terminated in accordance with the clauses of this
Agreement.

b) The Party of the Second Part shall obtain at his own cost necessary permits or licenses etc
as required under the various laws whether Central, State or Local from time to time for
performing and rendering services and the Party of the First Part shall not take any liability
whatsoever in this regard.
(i) The Party of the Second Part has to obtain licenses/permits etc as applicable as
mentioned above within a time period of fourteen days of signing this Agreement, failing
which this Agreement shall stand unilaterally terminated.
(ii) If the licenses/permits etc obtained by the Party of the Second Part are revoked and/or
suspended and/or cancelled by the authority concerned and/or become invalid, the
Agreement shall stand unilaterally terminated.

c) The Party of the Second Part shall at its own cost comply with the provisions of all laws,
rules, orders and regulations and notifications whether Central or State or Local as applicable
to him or to this Agreement from time to time. These Acts/Rules include, without limitations
the following:
(i) The Minimum Wages Act, 1948 & Rules and Orders and Notifications issued there
under from time to time;
(ii) The Contract Labour (Regulation & Abolition) Act, 1970 with Rules, Orders and
Notification made there under;
(iii), The Industrial Disputes Act, 1947 with Rules, Orders and Notifications issued there
under from time to time;
(iv) The Workmen’s Compensation Act, 1923 with Rules, Orders and Notifications there
under issued from time to time;
(v) The Payment of Gratuity Act, 1972 with Rules, Orders and Notifications issued there
under from time to time;
(vi) The Payment of Wages Act, 1936 with Rules, Orders and Notifications issued there
under from time to time;
(vii) The Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 with
Rules, Orders and Notifications issued there under from time to time;
(viii) The Factories Act, 1948 with Rules, Orders and Notifications issued there under
from time to time;
(ix) The Employees State Insurance Act, 1948 with Rules, Orders and Notifications
issued there under from time to time.
(x) All other Acts/Rules/Regulations, Bye-laws, Order, Notifications etc. already in vogue
or may be enacted in future by the legislation or present or future Applicable to the Party
of the Second Part from time to time for performing the aforesaid services.
The Party of the Second Part shall produce the requisite Compliance Report to the Party
of the first Part from time to time or as prescribed in the abovementioned laws.

d) The Party of the Second Part shall undertake the services as per details given in Schedule
II attached to this Agreement. The Party of the Second Part shall also comply with other
instructions, if any, given in writing by the authorized representative of the Party of the First
Part to the Party of the Second Part or to his authorized representative for performing the
aforesaid services.

e) The performance of service by the Party of the Second Part shall be of highest
order/standing and competence and as described in Schedule II.

f) The Party of the First Part may terminate this Agreement if the performance of services by
the Party of the Second Part is not up to specified standard and if the Party of the Second Part
fails to comply with the laws mentioned hereinbefore. The decision of the Party of the First
part in this respect shall be absolute and final.
3) DEPLOYMENT OF EMPLOYEES BY THE PARTY OF THE SECOND PART:
a) The Party of the Second Part as and when required shall deploy his own employees for
rendering satisfactory services.

b) There shall not subsist in any manner whatsoever any employer-employee relationship
between the Party of the First Part and the workmen/employees employed and as and
when deployed by the Party of the Second Part or the Party of the Second Part himself.
The Party of the Second Part shall be responsible for appointments, payment of wages,
compliances with all statutory formalities relating to the workmen/employees employed
and deployed by it.

c) The Party of the Second Part shall conduct the work in the manner prescribed by the Party
of the First Part and in the event of any deviation there from, the Party of the Second Part
shall be responsible to make good the same within (need based to be incorporated) from
being intimated by the Party of the First Part. The Party of the Second Part shall supervise
and control the manner and mode of working and also the working of the workmen as and
when deployed and there shall not be any supervision and control by the Party of the First
Part over the employees/workmen employed by the Party of the Second Part.

d) The workmen/employees engaged and deployed by the Party of the Second Part shall
observe discipline at all times and maintain decency and decorum during the course of
their employment and the Party of the Second Part shall be fully responsible for the said
workmen/employees.

e) The payment of wages, ESI, PF, bonuses and other benefits to the employees of the Party
of the Second Part shall be the exclusive responsibility of the Party of the Second Part and
the employees shall have no claim whatsoever on the Party of the First Part.

f) The Party of the Second part as an when deploy workmen Party of the Second part shall
maintain a Register of persons employed under him and issue Employment Photo Identity
Cards to each worker within three days of employment and a copy of the same to be
submitted with the Party of the First Part within seven days there from.

g) The Party of the Second part as and when employed workman shall also maintain all
statutory register viz register of wages, muster roll register of deductions, register of
overtime register of fines, register of advances, wage slip and any other registers required
to be maintained under the statute and shall give inspection of the same to the Party of the
First Part on demand.

h) The Party of the Second part as and when employed workman shall make the Payment of
wages and other conditions of employment in respect of workmen employed and
deployed by the Party of the Second Part in conformity with statutory requirements and
the Party of the First Part shall be fully protected in all respect in this regard.

i) The Party of the Second part as and when employed workman shall send half-yearly
returns to the Licensing Officer not later than thirty days from the closing of the Half
Year.

j) The Party of the Second part as and when employed workman shall be solely and wholly
responsible for the safety & security of the employees employed by the Party of the
Second Part. The Party of the Second Part shall also make adequate provision of
insurance for the said employees at their own cost to cover them against the risk of
accident and /or death in harness. In the event of any accident and/or death in harness, the
Party of the Second Part shall pay proper compensation to the employees as per The
 Workmen’s Compensation Act, 1923. The Party of the First Part will have no
responsibility whatsoever, and will be kept fully indemnified and harmless.

k) The Party of the Second Part shall also be responsible for the property of the Party of the
First part and in case of any damage whatsoever, shall immediately repair/replace the
damaged property at their own cost and arrangement failing which Party of the First Part
shall have right to recover the cost from the Party of the Second Part.

l) The Party of the Second part as and when employed workman in case of any act of
indiscipline on the part of workmen/employees engaged by the Party of the Second Part,
the Party of the Second Part shall take suitable action against the delinquent employees
with proper intimation to the appropriate authority of the Party of the First Part.

m) The workmen/employees of the Party of the Second Part as and when employed by the
Party of the Second Part including himself shall have no right and/or any right to access
whatsoever to claim as an employment with the company of the Party of the First Part.

n) In case the workmen/employees engaged by the Party of the Second Part have any
grievance they shall take it up with the Party of the Second Part without causing any
disturbance in the premises of the Party of the First Part in any manner. Under no
circumstances, shall the workmen engaged by the Party of the Second Part initiate or take
part in any agitation or demonstration against the Party of the First Part.

o) If the process forming part of this Agreement is abolished by any provision of law or
under Sec. 10 of the Contract Labour (R&A) Act, 1970 the workmen/employees of the
Party of the Second Part shall not become the employees of the Principal Employer i.e.
Party of the first Part.

p) During the terms of this Agreement the Party of the Second Part shall be an independent
employer and not in any manner has any employer - employee relationship with the Party
of the First Part and that of Principal to Principal.

4) OBLIGATIONS OF THE PARTY OF THE FIRST PART:

a) The Party of the First Part shall permit the duly authorized workmen of the Party of the Second
Part at all convenient times to enter into and upon the premises only on presentation of the approved
gate passes as mentioned below, for the purpose of carrying out their work.

b) The Party of the First Part shall make to the Party of the Second Part all payments, as per Clause
10, throughout the term of this Agreement or so long the Agreement subsists or the Party of the
Second Part performs its obligation under this Agreement.

5) COMPLETION:
The Work shall be deemed to have been completed on expiry of period of this Agreement and
release of final payment to the Party of the Second Part by the Party of the First Part.

6) PENALTY:
In terms of the General Terms of the Contract clause (as applicable)

7) DELEGATION:
(As Applicable)

8) INDEMNITY:
Party of the Second Part covenants and agrees to fully protect and hold the Party of the First Part, its
employees and agents harmless against any claim, demand, actions, suits, proceedings, judgment,
liabilities, costs, expenses, damages or losses.
9) BILLS:
The Party of the First Part reserves the right to require the Party of the Second Part to submit
documentary evidence in support of the bills, including details of the work done, duly supported by
the Certificate from the representative of the Party of the First Part in the first week of the following
month. Party of the First Part also reserves the right to make at the earliest opportunity any
adjustment which may be pending from the previous months.

10) PAYMENT:
As per the relevant clauses of work order.

11) DURATION OF THE AGREEMENT:

a) This Agreement shall be effective from the date of commencement of the work as per the
work order.
LOI/ Work Order.

b) The Agreement shall be deemed to expire on completion of the work and on compliance of
all the statutory obligations by the Party of the Second Part as provided in for in the
agreement, unless extended by both the parties in writing.

12) CANCELLATION/TERMINATION:
As Per the Clause 17 of the General Conditions of the Contract.

13) CONSEQUENCES OF TERMINATION:

a) In the event of this Agreement being determined whether by efflux of time or notice or breach or
otherwise, the Party of the Second Part shall forthwith return to the Party of the First Part all the
papers, books or other articles belonging to the Party of the First Part.

b) In the event of termination of this Agreement, the rights and obligations of the parties thereto shall
be settled by mutual discussion. The financial settlement shall take into consideration not only the
expenditure incurred but also the expenditure committed by the Party of the First Part.

c) In the event of termination of this Agreement, the Party of the Second Part shall be liable to refund
the amount, if any, paid in advance to it by the Party of the First Part.

d) Either Party shall be entitled to exercise any one or more of the rights and remedies given
to it under the terms of this Agreement and the determination of this Agreement shall not
affect or prejudice such rights and remedies and each party shall remain liable to perform all
outstanding liabilities under this Agreement notwithstanding that the other may have
exercised any one or more of the rights and remedies available against each other.

14) FORCE MAJEURE:

As Per the Clause 16 of the General Conditions of the Contract.

15) CONFIDENTIALITY:
During the tenure of the Agreement and 7 years thereafter the Party of the Second Part undertake on
their behalf and on the behalf of their subcontractors / employees / representatives / associates etc to
maintain strict confidentiality and prevent disclosure thereof, of all the information and data
exchanged / generated pertaining to the work under this Agreement for any purpose other than in
accordance with the Agreement.

16) NOTICE:
Any notice to be served by either party on the other shall be sent by Registered Post and shall be
deemed to have been received by the addressee within 07 days of posting.
17) SETTLEMENT OF DISPUTES AND ARBITRATION:
a) Any dispute(s) or difference(s) arising out, of or in connection with the contract shall, to the extent
possible, be settled amicably between the Party of the First Part & Party of the Second Part.

b) In the event of any dispute or difference whatsoever arising under this Agreement or in
connection therewith including any question relating to existence, meaning and interpretation
of the terms of the Agreement or any alleged breach thereof, the same shall be referred to the
Secretary, CEO of Damodar Valley Corporation, Kolkata-54 or to a person nominated by him
for arbitration. The Arbitration shall be conducted in accordance with the provisions of
Arbitration and Conciliation Act, 1996 or any other latest enactment and the
decision/judgment of Arbitrator/Arbitrators shall be final and binding on both the parties. The
venue of the arbitration shall be at Kolkata.

However, in case the Party of the Second Part is a Central Public Sector Enterprise/ Govt.
Department, the dispute arising between the Party of the First Part & Party of the Second part
shall be settled through Permanent Arbitration Machinery (PAM) of the Department of Public
Enterprise, Govt. of India as per prevailing rules.

c) All suits arising out of NIT, subsequent work order and agreement, if any, are subject to
jurisdiction of Court in the City of Kolkata only and no other Court, when resolution/
settlement through mutual discussion and arbitration fails.

18) AMENDMENTS OF THE AGREEMENT:

No amendment or modification of this Agreement shall be valid unless the same is made in writing
by both parties or their authorized representative and specifically stating the same to be an
amendment of this Agreement. The modifications / changes shall be effective from the date on which
they are made/ executed, unless otherwise agreed to.

19) MISCELLANEOUS:
a) The Party of the Second Part as and when required shall deploy as many in number -expert
personnel and/or skilled/semi-skilled/unskilled workmen with adequate qualification and
experience having appropriate level of acumen to carry out the job with entire satisfaction of
the Party of the First Part.

b) No child labour shall be engaged by the contractor as per statutory rules of the Govt. of
India.

c) The Party of the Second Part as and when employed their employees engaged in the job
shall follow all safety rules at the time of execution of work. It shall be the responsibility of
the contractor to supply all safety equipment necessary to their O&M personnel without any
extra cost to DVC. All statutory rules & regulations shall have to be followed by the
contractor during employment/retrenchment of his workers/employees.

d) As the plant site is a protected area, necessary gate passes with photograph of every
worker/employee of the Party of the Second Part shall be arranged by the Party of the Second
Part with proper intimation to the Party of the First Part. The expenditure of issuing the gate
passes to the workmen shall be borne by the Party of the Second Part. The gate passes shall
be duly signed by the Party of the Second Part with official seal in addition to the signature of
the holder (employee of the Party of the Second Part) and the authorised officer of the Party
of the First Part.

e) In case of sub-letting the contract, the sub-contractor shall be engaged with prior approval
of the Party of the First Part and at full risk of the Party of the Second Part.
 f) The Party of the Second Part shall not pay less than the prescribed minimum wages to the
workmen engaged by him under the Minimum Wages Act, 1948 and the Govt. Rules made
there under and subject to revision from time to time. The monthly payment is to be made on
the 7th day of the successive month. The Party of the Second Part shall intimate the
disbursement of payment to the authorized representative of Personnel Dept. of the Party of
the First Part on 7th -10th day of the successive month.

g) Legal suits arising out of the Agreement, if any, are subject to the jurisdiction in the Court
of the city of Kolkata and no other Court elsewhere.

h) The workers/employees engaged by the Party of the Second Part should not be under the
influence or addiction of drug/liquor while on duty. It should be obligatory on the part of the
Party of the Second Part to remove any such person from the job whose action or conduct in
the opinion of management of the Party of the First Part is detrimental to its interest.

i) If the Party of the Second Part desires to execute a part of scope of maintenance contract
which are very specialized in nature by engaging a specialized competent group they will
have to obtain approval from the Party of the First Part, furnishing all credentials and
requirement of the manpower strength before their engagement. However, the Party of the
First Part reserves the right to discontinue the same at its discretion.

j) The Party of the Second Part shall fully cooperate with other contractors employed by the
Party of the First Part for associated plant and subsidiary as well as other similar activities
and shall carry out all reasonable directions of the designated Chief Engineer, C&M, Maithon
of the Party of the First Part or his authorized representative as the case may be.

k) For contracts above value 5000000.00 (Rupees Fifty Lakhs) only both the parties have to
sign an Integrity Pact.

20) CHANGE OF ADDRESS:

Each Party shall give notice to the other of any change or acquisition of any address or telephone
number or FAX or similar number at the earliest possible opportunity but in any event within 48
hours of such change or acquisition.

IN WITNESS WHEREOF the parties hereto put their signatures on the date as written above.

SIGNED, SEALED AND DELIVERED

Party of the first Part Party of the Second Part

In the presence of: In the presence of:

1. 1.

2. 2.

Schedule-I
(As per Work Order)

Schedule-II
(As per Work Order)