Buyer Added text based ATC clauses Name of the Supply: “ CENTRALIZED PROCUREMENT OF COAL MILL XRP 10 03 SPARES FOR BTPS, DSTPS, KTPS & MTPS. ”. The names and designation of officers for any enquiry of this tender are: For any queries relat ed to enquiry/NIT/P.O ./SDBG Submission MERAJUL HOQUE, Sr. Manag er , C&M Department, Head Qua rter merajul.hoque@dvc.gov.in , Ph – 7033405477 MANISHA MAHISH, Manager(E ), C&M Department, Head Qu arter manisha.mahish@dvc.gov.in Mob No.: 9474563682. For Technical Query ADIL FAIYAZ (PPG, HQ) Sr. Manager (M), PPG Mob: 8292904904 e-mail: adil.faiyaz@dvc.gov.in Pre BID Meeting :- As mentioned under the GeM BID
- A)SCOPE OF SUPPLY: The Agency/Contractor shall supply and deliver all materials strictly in accordance with the quantities and descriptions specified in the BOQ of the GeM Bid Documen t and in full and strict compliance with the Technical Specifications, and all other T erms and Conditions of the Bid/Contract. The materials shall be supplied at the designated consignee location(s) specified i n the GeM Bid Document, within the stipulated delivery schedule. Any material supplied not conforming to the prescribed specifications, quantity, q uality, or other contractual requirements shall be liable for rejection at the risk an d cost of the Agency/Contractor, without prejudice to DVC's right to take any other action available under the terms and conditions of the Contract.
- B)BUYER ADDED BID SPECIFIC TERMS & CONDITIONS Specification details along with TERMS & CONDITIONS are attached with BID docum ents
- 1.PRICE BASIS: The rates quoted by the bidder must be Firm till execution of the contract and on FOR Destination Basis in INR currency and that will be inclusive of Packing & Forw arding charges and Freight charges (if any) etc. and inclusive of Goods and Servic es Tax (GST). Bidder is to submit HSN code with documentary evidence. Confirmat ion of GST with applicable rate is required.
- 2.EARNEST MONEY DEPOSIT (EMD) : - Amount as per GeM BID
- a)The Bid security shall, at the Bidder’s option, be either in the form of:
- i.eBG (Electronic Bank Guarantee) from a Commercial Bank as per latest approved list of RBI , or, ii. Insurance Surety Band - The format of the eBG shall be as per the proforma given in Vol-V: B FP. Details of Advising bank of DVC Head Quarter is as follows: Sl. No. Project Bank Name Branch Name Account No. IFSC Code
- i)Head Quart er, Kolkata PUNJAB NATION AL BANK New Manicktala, Kolkata 00822500106 82 PUNB0008220 In case of e-BG, the Bank Guarantee shall be from a Bank as specified in Form-5 of Vol-V: BFP. Howeve r, any foreign bank not mentioned in Form-5 of Vol-V: BFP, but subsequently included in the scheduled list of RBI in the course of bidding shall be accepted. The format of the bank guarantee shall be as per the format available in Tender document. Bid Security/ Performance Security/ BG in the form of Electronic Bank Guarantee (eBG) from any Natio nalized/ Scheduled Commercial Bank approved by Reserve Bank of India (RBI) will be accepted on im mediate basis. The customer/vendor is requested to take ‘Input for Issuing e-BG Form’ of NIT (refer Note Sl. No. 2 Below) and will approach the bank for issuing e-BG. Bid security in form of e-BG shall remain valid for a period of minimum of 225 days (i.e. 180 days +4 5 days) from the closing date of bid submission prescribed by the Employer (DVC) indicated i n NIT. The Earnest Money (In case of Insurance Surety Bond) should be deposited along with the tender, if applicable, to the address of TIA in Seal Envelope of the amount and currency as stipulate before the date and time set for bid submission (uploading). Note:
- 1.Bidders are advised to submit Earnest Money (Insurance Surety Bond) to address of TIA only. Address of Tender Inviting Authority (TIA): As per Sl. No. 08 of Vol-I: Invitatio n of Bid (IFB).
- 2.Beneficiary Inputs required for e- Bank Guarantee is given below: Sr.No. Field Name Mandatory 1 Portal ID NA Details of Beneficiary and Applicant 2 Entity PAN/UIN (Central UIN of Nod al Officer) AABCD0541M 3 Entity Name (Name of the Nodal Of ficer) DAMODAR VALLEY CORPORATION 4 Entity Email ID (Nodal Officer) suresh.mahto@dvc.gov.in 5 Business Unit Code NA Participating Details (Details of entity (TIA's) representative and applica nt) 6 Name of the representative (Nodal Officer) SURESH MAHTO 7 Relationship (Here Beneficiary) DAMODAR VALLEY CORPORATION 8 Primary Mobile Number (Nodal Offi cer) 9564388544 Debt Details 9 BG Amount As per NIT /Contract 10 BG ccy (Currency) INR 11 Expiry Date As per NIT /Contract 12 Claim Expiry Date As per NIT /Contract 13 Contract Reference Number As per NIT /Contract 14 Vendor Code NA DVC GST No. 19AABCD0541M1ZO DVC Pan no. AABCDO541M Note:- E Stamp Should be purchased in the name of Bank, First party should be Bank NOTE for above: Micro and Small Enterprises registered with any National Small Industries Corporation(NSIC)/Khad i & Village Industries Commission/District Industries Centre/ Khadi & Village Industries Board/Coir Board/ Directorate of Handicrafts and Handloom or any other Body specified by Ministry of Micro small and Medium Industries, MSEs registered under Udyog Aadhaar Memorandum(UAM) shall be exempted from payment of Cost of Tender and EMD subject to submission/uploading of scan copy of the documentary evidence like valid Registration Certificate from Appropriate Govt. Authority i n e-tender portal and also have to submit the hard copy of the uploaded documents in a separate envelope super scribing "MSME/NSIC CERTIFICATE" to the office as mentioned at Sl. No. 40 of Vol- II: ITB of this Bid Document before the date and time set for bid submission (uploading). In case the Bidder is a Joint Venture / Consortium, “all the members of Joint Venture / Consortium ” or “the Joint Venture Company itself” should be registered with such authority for seeking such exemption. Similarly, if the bidder is allowed to participate with an associate where the financial or the techni cal capability is fully meet by the associate, then both the bidder and its associate should be regis tered with such authority for seeking such exemption. However, where the bidder is allowed to participate with an associate where only a part of the tec hnical capability is meet by the associate, then the bidder should be registered with such authorit y for seeking such exemption. However, where the bidder is allowed to participate with an associate where only a part of the tec hnical capability is meet by the associate, then the bidder should be registered with such authorit y for seeking such exemption. The envelope containing cost of tender documents (if applicable) and “BID SECURITY/EMD" OR " MSME/NSIC CERTIFICATE" (as applicable) should be sealed in an outer envelope super scribing on it, the NIT no. and due date of opening.
- b)Any bid, not accompanied by an acceptable bid security document i n Envelope-I, shall be rejected by the Employer (DVC) as being non r esponsive and this bid shall not be opened further.
- c)Earnest Money will be refunded only to the unsuccessful Tenderer within 30 days after finalization of Tender and no interest will be paid for the same. However, in case of two part or two stage bidding, Bid securities of unsuccess ful bidders during first stage i.e. technical evaluation etc should be returned within 30 days of declaration of result of first stage i.e. technical evaluation et
c.
- d)The amount of Earnest Money will be refunded to the successful tenderer, af ter acceptance of their Security Deposit-cum-Performance Guarantee and exe cution of Contract Agreement (wherever applicable).
- e)No interest would be paid against the EMD deposit.
- f)Forfeiture of Bid Security: The bid security may be forfeited without any notice or proof of damage to the Owner, etc. in the following circumstances:
- i)For failure of tenderers to acknowledge the LOA/PO/WO placed within the val idity period of their offer, ii) Any bidder withdraws/varies his offer after last date of Bid submission and w ithin the bid validity period before finalization of the tender. iii) If the bidder does not accept the arithmetical correction of its bid price. iv) For failure to submit security cum performance eBG within 30 days from the date of issuance of LOA/PO/WO.
- v)If the acceptance of order is not received within the stipulated period. vi) If the Bidder does not withdraw any deviation listed in Statement of Deviatio ns at the cost of withdrawal indicated by him, vii) If the Bidder refuse to withdraw, without any cost to the Owner, any deviatio n not listed in Statement of Deviations but found elsewhere in the Bid, viii) On providing false or incorrect information in respect of qualifying requirem ent etc. ix) In case the L1 bidder for any item fails to produce the documents within the specified period of 10 days in case of domestic tenders and 15 days in case of global tenders, or if any of the information furnished by L1 bidder on-line is fo und to be false by the Tender Committee during verification of documents.
- 3.TAXES, LEVIES AND DUTIES shall be as below:
- a)The Contract price shall be inclusive of Packing & Forwarding charges and Fre ight charges (if any) etc. and also inclusive of Goods and Services Tax (GST).
- b)However, if DVC pays any taxes, duties, levies, cess, etc directly to the concerned statutory authorities, the same will be deducted from contractor`s bill.
- c)Any changes in rate of GST and any new taxes, duties, levies, cess, etc. as impos ed by statutory bodies after the last date of bid submission on the direct transactio ns between DVC and the Manufacturers/ Contractors/Service Providers /Suppliers will also be to the account of DVC as per rate ruling.
- 4.DELIVERY PERIOD: Materials are to be delivered at consignee store on Freight Paid basis within 120 days from the issuance of Purchase Order. The date of delivery to be reckoned as the date of receipt of the material at site b y the consignee.
- 5.TERMS OF PAYMENT 100% payment alongwith full GST at actual, subject to the limit as quoted for suc h item, will normally be made by the purchaser to the Vendor through NEFT/RTG S within 15 working days from the date of receipt of material at site and after ins pection & acceptance thereof or from date of receipt of invoice whichever is later . Notes:
- a)The invoice /bill in triplicate, is to be raised in the name of the consignee and s ubmitted to consignee with copies of receipted challan, guarantee certificate, ac ceptance of SDPG (if applicable) etc for initiating payment action.
- b)No advance payment will be made against the works/service/Supply contract.
- c)No payment will be released till the acceptance of SECURITY DEPOSIT PERFOR MANCE GUARANTEE by DVC (if applicable).
- d)The payment will be made to the supplier through NEFT/RTGS within 15 Worki ng days from the date of receipt of materials at DVC store and after satisfactory i nspection & acceptance thereof by our concerned Engineer.
- 6.SECURITY DEPOSIT-CUM-PERFORMANCE GUARANTEE: · For contracts having a value up to ₹1 crore, Security Deposit shall be reco vered through pro-rata deduction at the rate of 3% from each Running Acc ount (RA) Bill, which will be released after the expiry of the Performance G uarantee period. · For any procurement above Rs. 1 Crore, the successful Bidder shall furnish performa nce security for satisfactory execution of the order for an amount equivalent to 3% of the Work Order (WO)/Purchase Order value in the form of Insurance Surety Bond / e-BG issued from any of the commercial bank in India within Fourteen (14) day s from the date of issuance of Work Order (WO)/Purchase Order (PO) from respective project, safeguarding DVC's interest in all respects as details given below:- In case of Performance Security in form of e-BG, the bidder may furnish an Uncondi tional e-BG as per format provided in the section "Bid Forms and Procedures" of the bidding documents from any Nationalised / Scheduled Bank approved by Reserve B ank of India (RBI) and it should remain valid for a period of 60 (sixty) days beyo nd the date of completion of all contractual obligations of the contractor, including Defect Liability Period (DLP)/ warranty period, as applicable. However, in case of delay in completion, the validity & claim of this Bank Guarante e shall be extended by the period of such delay. During extension of the Sde-BG, th e bidder may extend the original Bank Guarantee or may furnish new Sde-BG witho ut considering the projects which have been completed and Guarantee/Warranty p eriod along with claim period is also over. The contractor is requested to follow the instructions given at ‘Beneficiary Input for Issuing e-BG (Electronic Bank Guarantee) Form” under BFP of NIT. Bidders are advised to submit Security Deposit sum Performance Guarant ee (e-BG/Insurance Surety Bond) to address of TIA only. Address of Tender Inviting Authority (TIA): As per Sl. No. 08 of Vol-I: INVITATI ON OF BID (IFB). Details of Advising bank of DVC is as follows: Sl. No. Project Bank Name Branch Name Account No. IFSC Code i Head Quarter, Kolkata PUNJAB NAT IONAL BANK N e w Manic ktala, Kolk ata 0082250010682 PUNB0008220 Beneficiary Inputs required for e- Bank Guarantee is given below: Sr.No. Field Name Mandatory 1 Portal ID NA Details of Beneficiary and Applicant 2 Entity PAN/UIN (Central UIN of Nodal Officer) AABCD0541M 3 Entity Name (Name of the No dal Officer) DAMODAR VALLEY CORPORATI ON 4 Entity Email ID (Nodal Officer) suresh.mahto@dvc.gov.in 5 Business Unit Code NA Participating Details (Details of entity (TIA's) representative an d applicant) 6 Name of the representative ( Nodal Officer) SURESH MAHTO 7 Relationship (Here Beneficiar
- y)DAMODAR VALLEY CORPORATI ON 8 Primary Mobile Number (Noda l Officer) 9564388544 Debt Details 9 BG Amount As per NIT /Contract 10 BG ccy (Currency) INR 11 Expiry Date As per NIT /Contract 12 Claim Expiry Date As per NIT /Contract 13 Contract Reference Number As per NIT /Contract 14 Vendor Code NA DVC GST No. 19AABCD0541M1ZO DVC Pan no. AABCDO541M Note:- E Stamp Should be purchased in the name of Bank, First party should be Bank NOTES:
- i)The Contractor may, at his option, replace the retention amount as indicated in payment terms with an unconditional BG from a Bank acceptable to the procurin g Entity at the following stages. ii) If the Contractor fails to submit the performance security within 30 days of the d ate of issuance of LOA/PO/Work Order, DVC without prejudice to any other rights or remedies it may possess under the Contract, may forfeit the bid security (whe rever applicable) and shall short close the Contract and retender and in this re-t ender such defaulting Bidder will not be allowed to participate. iii) Other terms & condition SECURITY DEPOSIT-CUM-PERFORMANCE GUARANTEE a s notwithstanding in tender document shall be as per VOLUME – III of GENERAL C ONDITIONS OF CONTRACT (GCC) and Debarment Policy of this NIT. .
- 7.AGREEMENT: Not applicable for instant tender.
- 8.LIQUIDATED DAMAGE CLAUSE- As per General Terms & Conditions of GeM. If the Seller/Service Provider fails to deliver any or all of the Goods/Services within the original/re-fixed delivery period(s) specified in the contract, the Buyer will be entitled to deduct/recover the Liquidated Damages for the delay, unless covered u nder Force Majeure conditions aforesaid, @ 0.5% of the contract value of delayed quantity per week or part of the week of delayed period as pre-estimated damage s not exceeding 10% of the contract value of delayed quantity without any contro versy/dispute of any sort whatsoever.
- 9.RISK AND PURCHASE CLAUSE: As per the provision of Vol-II: ITB under Buyer Added Bid Specific ATC of Bid D ocument.
- 10.QUALITY ASSURANCE PLAN: As per Bid Document.
- 11.GUARANTEE / WARRANTY/DEFECT LIABILITY PERIOD: The Vendor shall warrant that all material / equipment / services supplied under t his Order /contract shall be new, unused and conform to the Purchasers / owners r equirements and specifications. The Vendor shall guarantee the material / equipm ent / services under this Order for a period of 18 months from the date of delivery or 12 months from the date of commissioning whichever is earlier. The date of delivery to be reckoned as the date of receipt of the material by the c onsignee. The Vendor shall agree to replace any material, which has been proved defective or fails to conform to the desired specifications free of cost to the Purcha ser within the Guarantee/Warranty Period. The guarantee period for such replaced part shall be the same as that of equipment / materials specified earlier.
- 12.TRANSIT INSURANCE: Arrangements for transit insurance can be made by DVC as per Mega Risk Policy arranged with existing underwriter as per time being imposed.
- 13.PRE-DISPATCH INSPECTION/ INSPECTION: Goods supplied will always be subject to DVC inspection on arrival at the destinati on-consignee address. Inspection will be done at DVC store after receiving of item s at Consignee.
- 14.SUB-LETTING & ASSIGNMENT: The party shall not be allowed to sublet the work as a part or as a whole to any oth er party.
- 15.CONSIGNEE/ ENGINEER-IN- CHARGE WITH ADDRESS/ Bill Passing Authori ty: As per GeM. Sr. Manager or Engineer-in-charge, Boiler & Coal Mill Maintenance, DVC, Bokaro T hermal Power Station, P.O. Bokaro Thermal, Bokaro, Jharkhand
- 16.PAYING AUTHORITY: General Manager (Finance), Unified Accounts, DVC, Mejia Thermal Power Station, P.O. MTPS, District Bankura, West Bengal, 722183. DVC GST NO.:20AABCD0541M1Z5 for Jharkhand & 19AABCD0541M1Z0 for West B engal. .
- 17.Drawing: As per attached Term and conditions under Specification
- 18.TERMINATION: As Per the Clause of the clause no. 24 of Optional terms & condi tion of Contract of GCC.
- 19.FORCE MAJEURE: As Per the Clause No. 16 of GCC.
- 20.GOVERNING LAWS: As per Clause no. 18 of Buyer Added Bid Specific ATC.
- 21.SETTLEMENT OF DISPUTES AND ARBITRATION: As per Clause no. 21 of Buy er Added Bid Specific ATC.
- 22.BILL TRACKING SYSTEM: It has been advised to the bidders that all the bill/invoice (digitally signed by signa tory authority) related to P.O./W.O. must be processed through DVC Portal with fo llowing link https://www.dvc.gov.in/billtracking/vendor/login . Detailed guidelines r elated to Vendor Registration & Processing of Bill for Vendor Bill Tracking are avail able in the DVC portal under PROCUREMENT. (under PROCEREMENT tab of DVC h omepage https://www.dvc.gov.in/). The Vendors on award of contract need to register themselves & submit their cont ract related bills online. After submission of the bill, a cover letter containing uniqu e bill ID shall be generated which must be submitted to DVC along with other pay ment related documents in hardcopy. In the Vendor Bill Tracking, the vendors are requested to mandatorily fill up correct GeM Invoice Number and GeM Invoice Date for GeM Contracts.
- 23.Bid document shall comprise following of documents:-
- a)GeM’s Bid Document. .
- c)Buyer Added Bid Specific ATC.
- i)Vol-I: Invitation for Bids (IFB), ii) Vol-II: Instructions to Bidders (ITB) iii) Vol-III: General Conditions of Contract (GCC) and Debarment Policy iv) Vol-IV: Scope of Supply, Technical Specification, Drawing, QAP (if app licable) and Other Terms & Conditions
- v)Vol-V: Bid Forms and Procedures (BFP)
- d)GeM’s General Terms and Conditions. NOTE:
- a)Buyer Added Bid Specific Terms and Conditions as above and all other t erms and conditions of Vol-I: Invitation for Bids (IFB), Vol-II: Instructions to Bidders (ITB) & Vol-IV: Scope of Work, Technical Specification, Draw ing, QAP (if applicable), Other Terms & Conditions and Vol-V: Bid Form s and Procedures (BFP) shall supplement/amend the corresponding clauses of DVC’s General Conditions of Contract (GCC). Wherever there is any conflict, t he provisions in Buyer Added Bid Specific Terms & Conditions and all other ter ms & conditions of Vol-I: Invitation for Bids (IFB), Vol-II: Instructions to Bidders (ITB) , Vol-IV: Scope of Work, Technical Specification , Drawing , QAP(if applicable) and Other Terms & Conditions and Vol-V: Bid Forms and Procedures (BFP) shall prevail over those in the DVC’s GCC.
- b)Other Terms & Conditions shall be covered as per the General terms & conditi ons (GTC) of GeM & General Conditions of Contract (GCC) of DVC which are not specifically mentioned in the Bid Document.
- c)If there is any conflict between General terms & conditions (GTC) of GeM and the General Conditions of Contract (GCC) of DVC, then General Terms & Conditi ons (GTC) of GeM shall prevail over General Conditions of Contract (GCC) of DV
- C.Please click on the below given link to open “Buyer Added Bid Specific ATC” Document. .