COMMERCIAL TERMS & CONDITIONS FOR SUPPLY

Transcription

1 Register office: Vidyut Bhavan, Race Course, Vadodara Telephone No. [0265] /15 Fax No. [0265] Website: COMMERCIAL TERMS & CONDITIONS FOR SUPPLY 1. The tenderers should thoroughly read all following clauses before submitting their tender. The original copy of the Commercial terms and conditions duly signed, stamped with company s seal must be submitted along with the bid. 2. TENDER SPECIFICATIONS: All technical specification should be IS / BIS. Specification framed out by the GSECL shall be separately brought out in the tender documents. No deviation in specification shall be allowed and GSECL s decision shall be final. The GSECL also desires that all the suppliers should possess high quality ISO 9001 certificate within 2 years from 1/1/2001. The technical scrutiny committee of the GSECL shall evaluate the techno-commercial view of the tender. Tender should be in two bids. a) Techno Commercial Bid and b) Price Bid. [ As per Tender Notice only] Incomplete bids and amendments / additions to bids after opening of the bids will be ignored outrightly. The price bid of those who are techno commercially qualified shall be opened. After technical bid is opened, for modification, if any, all shall be given equal chance. 3. TENDER FEE: Tender fee (Non-refundable) as notified in the tender notice should invariably be paid by way of Demand draft; otherwise offer will be ignored outrightly. Indian Postal Orders and chaques are not acceptable. Demand draft should be in favour of the Gujarat State Electricity Corporation Limited payable on State Bank of India, Kevadia Colony branch. The envelope shall be addressed to The Chief Engineer (O&M), GSECL, SSHEP (O&M), Kevadia Colony. GSECL will not be responsible for the transit loss or misplacement. 4. IMPORTANT: Both the bids, technical bid and Price bid should be submitted simultaneously along with separate EMD cover, in the respective covers and super scribed accordingly and dually sealed, so as to reach this office not later than 3:00 P.M. on due date as specified in the tender notice through RPAD / Speed Post only. Late tender / delayed tender shall not be considered. 5. VALIDITIES OF OFFERS: The offers will have to be kept valid for a period of 120 days from the date of opening of technical bids. In case of finalization of the tender is likely to be delayed, the tenderers will be asked to extend the same without change in the prices or any terms and conditions of the offer. 1

2 If any change is made, original or during the extended validity period, the offers will be liable for outright rejection without entering in to further correspondence in this regard and no reference will also be made. 6. QUOTATIONS / OFFER: a. Tendering firm should send their quotations / offer in duplicate along with the illustrated literature giving complete detail particular and the standard equipment to be supplied with the machine. b. The GSECL reserves the rights to increase or decrease quantity of the equipment / material at the time of making the selection for its purpose & for placement of the order. The GSECL may place the order for the item / items for which their rates received lowest. c. Any variation in the rates etc. will not be allowed on any ground such as a mistaken, misunderstanding, typographic error etc. after the tender has been submitted. d. The tendered rate must be quoted with total end cost (Form A) with F.O. R. destination that is F.O.R. SSHEP, Kevadia Colony, Price inclusive of P & F / F & I charges, Tax / ( Duties). E.D. / Education cess / Entry tax etc. if it is not clearly mentioned then same will be considered as Nil or inclusive. i) All charges such as freight, insurance, excise and Octroi duties. No variation in rates or prices will be allowed in case of any such charge unless specifically mentioned. ii) Supplier s printed terms and conditions of the contract will be considered as forming part of the tender. If the GSECL standard terms and conditions for supply are not acceptable, they should specify deviation in body of the tender. e. Tenderers are prohibited from making any additions or alterations in the description of articles mentioned in the schedule or in columns, they should either quote rate for the articles described in the schedule or write the words. No rate against each item. If they wish to quote for any similar item they may do so by adding such items at the end of the schedule. 7. EARNEST MONEY DEPOSIT: The non registered suppliers / tenderer should pay the Earnest Money Deposit at the rate of 1% of the value of tender subject to a minimum of Rs. 500/-. 8. MODE OF PAYMENT OF EARNEST MONEY: a. Earnest Money should be paid by CASH / DD / Bank Guarantee. The EMD is payable by demand draft in favour of Gujarat State Electricity Corporation Limited on State Bank of India, Kevadia Colony branch. It can also be furnished by way of an irrecoverable Bank guarantee from any nationalized bank in a standard format prescribed by the GSECL. Cheque are not acceptable. b. SSI / NSIC will, however, be considered for exemption from payment of EMD subject to furnishing of the authenticated notary certified copy of the certificate of registration with small scale industries. The SSI/ NSIC certificate should indicate the manufacture of items offered under this tender. Provisional SSI/ NSIC registration certificates are not allowed. NSIC 2

3 certificate more than 03 years old will not be considered and the validity of the same should cover at least the validity period of the tender and there after it has to be renewed and submitted immediately. c. Government or Semi-Government organizations, which are run departmentally and are not limited companies, will be eligible for exemption from payment of EMD. d. Tenders submitted without EMD by the firms, who are not eligible for any exemption, will be rejected without entering in to further correspondence in this regard and no reference will also be made. e. No interest will be allowed on the payment of EMD. f. Earnest Money will be forfeited (i) if the tender, which it covers, is withdrawn during the validity of the offer and (ii) the tenderer fails to furnish / deposit the security deposit. g. EMD of the unsuccessful tenderers will be returned within 60 days of placing of the order with the successful tenderer. The unsuccessful tenderer has to return the original receipt of EMD together with advance stamped receipt. 9. SECURITY DEPOSIT: The successful tenderers will be required to pay an amount equivalent to 10% of the value of the order (End cost) as a Security deposit for satisfactory execution of the contract. Such Security deposit will be payable either in D.D. / Bank Guarantee. Bank Guarantee will be acceptable if issued by: 1. All pubic sector / Nationalized Banks. 2. Private Banks: Axis Bank, ICICI Bank, IDBI Bank, HDFC Bank. The Bank Guarantees will be executed on the standard form prescribed by the GSECL. In case of the Bank Guarantees furnished / submitted, they should have clear one time validity till the completion of the order in all respects and up to the expiry of Guarantee period from the date of receipt of the last consignment. Bank Guarantee for interim period will not be allowed. If by any reasons the supply period is extended then supplier should undertake to renew the bank guarantee at least one month before the expiry of the validity failing which GSECL will be at liberty to encash the same. CORPORATE BANK GUARANTEES ARE NOT ALLOWED. If S.D. exemption is claimed against NSIC certificate, then the NSIC certificate / Competency certificate more than 03 years old will not be considered. If the validity of the certificate expires prior to completion of the order, then it has to be got revalidated from NSIC by the Tenderer and Submitted immediately; otherwise bidder shall have to arrange for payment of S.D. S.D. should be paid within 30 (Thirty) days after receipt of the order. However for the NSIC firms, who are exempted from payment of Security deposit, they shall have to furnish PG [Performance Bank Guarantee] of the contract value separately as applicable as per tender conditions. Security deposit if paid in cash or by DD will be returned on successful completion of the order and only after the Performance Guarantee condition is fulfilled. If the full security deposit amount is not paid within 30 (thirty) days after the receipt of the order or valid & Notarized NSIC / SSI certificate is not submitted, then the order will be outrightly cancelled at the risk & cost of the tenderer (at the discretion of the GSECL) and without entering 3

4 into any correspondences and this will be binding on the tenderer. 10. PRICES: Prices quoted should be FIRM and on F.O.R. Destination basis i.e. up to Kevadia Colony stores. However, the tenderer should indicate in the Schedule B i.e. Price bid only, the breakup of Unit F.O.R. destination prices stating the Unit Ex-works price for Excise purpose, Excise duty, Sales Tax, the average freight and packing charges, and Insurance charges. Tenderer / Supplier should quote the Freight as well as Insurance charges both separately as shown in price bid which is a must. Please note that payment of excise duty will be made only on Ex- work prices. Also, please mention rate of Excise duty. If not specifically mentioned, then GSECL will have the option to take the prices as inclusive of taxes and duties at maximum higher slab rates for the evaluation of the tenders. This Schedule B should be submitted in the price bid envelope for web Tender and for E-Tender Prices / Rates shall be submitted on line only. Only for Traders: (i) In case of a Trader, if the quotation is furnished for all inclusive rates and the rates of taxes and duties are indicated without indicating the amount, in such a case, the trader is eligible for statutory variation within the original contractual delivery period against the documentary evidence i.e. original for buyer [gate pass]. However the variation is to be applicable on the Exwork price and rate indicated in the original for buyer [gate pass] of the manufacturer from whom the material; purchased by the traders or on the Ex-work price to be as per order whichever is lower. (ii) Where the Trader quotes all inclusive rates without indicating the rate of Taxes and Duties included in the quoted price, the Trader is not eligible for statutory variation. The Tenderer should invariably indicate the total unit end cost price considering all their costs / calculations in the Price bid itself for each item and all sub-items if any. This is a must. Cost components hidden / furnished elsewhere will not be considered and will be ignored outrightly. 11. SALES TAX: The prices should be quoted Exclusive of Sales Tax i.e. without VAT/GST or CST. The amount / percentage of Sales Tax (VAT/GST or CST) should clearly be indicated separately. The stores are required for consumption in Generation in Electrical Energy and as such, Gujarat State Sales Tax at concessional rate will be paid as per rules. Gujarat State Form C / Central C form will be issued at the time of payment of bills. You are requested to quote your Sales Tax registration number & date in all the bills / invoices. The Gujarat Sales Tax / VAT is applicable on freight component also for the dispatches within Gujarat State. As per Government of Gujarat directives, while evaluating your offer the incidence of sales tax (GST / VAT / CST) will not be loaded. 4

5 12. OCTROI: The Octroi if applicable shall be paid extra by the GSECl against submission of documentary evidence of payment i.e. material should be octroi paid by you. 13. DELIVERY: a. Stores are required urgently, tenderer are to state the earliest delivery considering from the date of order. b. In the event of the tender being accepted for the whole or any portion of the item / items in the tender the successful tenderer here in after referred to as the supplier shall execute all order for immediate delivery within 15 days from the date of receipt of the GSECL, purchase order and in other cases by the time stipulated in the acceptance of tender. The delivery period specified shall be strictly adhered to time being the essence of the contract. 14. PACKING AND FORWARDING CHARGES: The prices shall be inclusive of packing and forwarding charges. The stores should be strongly and adequately packed to ensure safe arrival at destination. The materials dispatched from overseas by Air / Shipping should be packed in such a way that it can withstand rough handing and possible corrosion due to exposure to salt laden atmosphere, salt spray or open storage. All packing must be clearly marked with order number and consignee s name and address. 15. TRANSIT INSURANCE: All the materials will be required be supplied up to destination against all transit risk such as damage, loss, breakage, theft, fire etc. The insurance period shall cover 30 days after the date of receipt of materials at site in order to enable the GSECL to check up the stores fully. The suppliers will be responsible for free replacement of such stores components as may be reported by the consignee which have been received short, damaged or broken with in 30 days. The cost of damaged / defective stores materials will however be deducted from the bills of the suppliers and will be refunded only after the replacement thereof. It will be the responsibility of the suppliers to lodge claim against the insurance on receiving necessary advice from the consignee. 16. UNLOADING: Unless and otherwise specified in the detailed purchase order, unloading of the materials shall be arranged by GSECL. 17. TRUCK RECEIPT (T.R.): All goods should be dispatched freight paid basis and the T.R. should be forwarded directly to the consignee by registered letter and through any Bank or the GSECL s office at Kevadia Colony. It should be immediately intimated on dispatch of the stores, as otherwise demurrage charges if any paid by the consignee will be deducted from supplier s bill. It is essential that packing notes and prices invoices should be furnished to the consignees in respect of every consignment with a copy to this office. A clear T.R. should be obtained from the Transport authorities without any ambiguity, otherwise the supplier will be held responsible for any damages / shortage claim rejected by the authorities 5

6 for want of a clear T.R. Materials may be dispatched by any convenient mode of transport and up to GSECL s Power station stores i.e. FOR Destination or as per the dispatch instruction given by the GSECL. 18. PENLTY FOR LATE DELIVERY: In case, the materials are not delivered within the period stipulated in the order, penalty (not liquidated damages) shall be levied at the rate of ½% of the contract price / order value per week pr part thereof (End cost with all taxes & duties) subject to maximum 10% of the total contract value / order value (i.e. End cost including Taxes and duties). Due consideration will be given for waival / levy of penalty only for the reasons absolutely beyond suppliers control (Viz. Force Majeure conditions as laid down in the DGS & D Clause) for which documentary evidence will have to be provided. The request for extension in delivery giving reasons and supporting documents shall have to be made within one month on completion of the supply. 19. EXTENSION IN THE CONTRACTUAL DELIVERY DATE: It will be supplier s responsibility to ensure that goods are delivered within the stipulated delivery period. However, if on account of reasons beyond ones control as laid down in the DGS & D Force Majeure conditions, the GSECL may consider extension of delivery period with or without statutory variations. However, delivery extensions will be considered only after execution of the order fully and upon submission of documentary for the reasons of delay. However, such extension will be subject to the following conditions shown hereunder: a) That no increase in price on account of any statutory increase in or fresh imposition of custom duty, excise duty, sales tax or on account of any other tax or duty leviable in respect of the store specified in the said acceptance of tender which may take place on or after the contractual delivery date of the A/T referred to above shall be admissible on such of the said stores as are delivered after the original contractual delivery date and item. b) That notwithstanding any stipulation in the contract for increase in price on any other ground, no such increase which has become effective on or after the contractual delivery date of the said A/T shall be admissible on such of the said store as are delivered after original contractual delivery date. c) But nevertheless, the purchase shall be entitled to the benefit of any decrease in price on account of reduction in or remission of custom duty, excise duty, sales tax or on account of any other taxes on duty or on any other ground as stipulated in the A/T, which takes place on or after contractual delivery date of the A/T. 20. REPLACEMENT OF GOODS BROKEN, DAMAGED OR SHORT: In the event of any stores or part thereof being broken or damaged or received short during transit or during the testing and trail at site before commissioning in service, the suppliers shall replace the same free of cost. However, GSECL will arrange recoveries of amount equivalent to cost of such damaged / broken / short supplied materials before actual replacement is given. 6

7 21. FAILURE TO SUPPLY THE STORE ACCORDING TO SPECIFICATION OR WITHIN THE CONTRACT DELIVERY PERIOD: For failure to supply the materials as above the GSECL is at liberty without further notice or reminder to the contractor to purchase the same or any portion there of an account of at the risk of the contractor and to prefer a claim for the difference in price for all expenses whatever incurred in purchasing the same which the GSECL is wholly authorized or deposit or no any account such expenses will include 15 % supervision charges. 22. ACCEPTANCE OF STORES: All or any stores and materials to be supplied at F.O.R. Destination, against this contract will be subject to their acceptance by the consignee or any their officer deputed by the GSECL for the purchase. The GSECL will be at liberty to reject any or the whole lot without assigning any reasons and the decision of the officer concerned will be considered as final. 23. QUALITY OF SUPPLIER: a. All the materials supplies shall be of the best description and to the specification laid down for them and in strict accordance with and as per the approved standards samples. b. In case of any supplies of which there are no standard sample which he supplies shall be of the very best description and quality obtainable. 24. SAMPLE: a. Tenderer shall if required send samples free of cost, if he is tendering for proprietary articles same may not be insisted upon. Sample must be of sufficient size and quantity for them to be compared with supplies. The samples be sent freight paid. The rejected samples should be taken back with in 15 days from the date of receipt of GSECL notice. b. All samples must be property labeled and sealed by tenderer. The label must give the following particulars, (i) Tender number (ii) Name & Address of tenderer (iii) Brief description of sample. 25. REPEAT / ADDITIONAL ORDERS. The GSECL reserves the rights to place repeat orders / additional orders on the successful tenderers up to 50% of the original quantity / value of the order at the same rates, terms & conditions as stipulated in the original contract. The repeat will be placed within 03 Months from the date of original order. In cases where the original order has been placed for 01 No. of any items, repeat order will be placed by GSECL for 100% of the quantity / value of the order at the same rates, terms & conditions as stipulated in the original contract. 26. GUARRANTEE: If the goods / stores equipments are found defective due to bad design / materials or poor workmanship, the same should be repaired or replaced by you free of charge if reported within 18 months of their receipt at site or 12 months from the date of commissioning of equipment whichever is earlier. You will be responsible for the proper performance of the equipments for 18 months after receipt of the stores by the consignee and for 12 months after commissioning of equipments whichever is 7

8 earlier. 27. PERFORMANCE GUARNTEE: Vendor will have to give performance guarantee equivalent to 10 % of the order value against any manufacturing defect of the equipment / material supplied by him before claiming 100% payment. This performance guarantee can be paid in cash or demand draft on State bank of India, Kevadia Colony in favour of Gujarat State Electricity Corporation Ltd. Or in the form of an acceptable bank guarantee from any nationalized banks as per the standard Bank Guarantee form prescribed by the GSECL. This performance Guarantee shall be valid up to completion of guarantee / warranty period i.e 18 months from the last supply made by the vendor or 12 months from the date of commissioning whichever is earlier. 28. The GSECL would prefer the offers from manufactures directly. All the manufacturers should quote for those items, which are actually manufactured at / rolled by their plants. This should be strictly adhered. The Tenderer should ensure that minimum production, manufacturing and routine testing facility required for manufacturing of the tendered products as per IS / BIS is available in house. If the same is available else where, then the GSECL reserves right to reject the offer outrightly. The GSECL reserves the right to inspect, supplier s factory at any time during the currency of the contract in case order is placed on supplier and also to inspect each manufactured lot before testing / packing / dispatch. 29. INSPECTION: All Suppliers are to be offered to the inspection and approval of GSECL. The GSECL will depute an officer or authorize D G S & D, or any other Govt or Govt. Approved agencies (Not private) to carry out the inspection on behalf of GSECL. At least 30 days notice should be given prior to the dispatch of the stores in case of plants and equipments and 15 days notice in case of general stores, in order to enable the GSECL to detail on inspection. The GSECL also reserves the right to waive the inspection before dispatch and authorize the consignee to carry out the final inspection on receipt of the stores at site. 30. TERMINATION OF CONTRACT: In case, the supplier fails to deliver the stores / materials / equipments or any consignment thereof within contractual period of delivery or in case the stores are found not in accordance with prescribed specification and/or the approved sample, the GSECL shall exercise its discretionary power either: a) To recover from the supplier as agreed, by way of penalty clause above, or b) To purchase elsewhere after giving due notice to the supplier on account and at the risk of the supplier such stores not so delivered or other similar description without canceling the contract in respect of the consignment not yet due for delivery or 8

9 c) To cancel the contract. In the event of the risk purchase of stores of similar description, the decision of the GSECL shall be final. In the event of action taken under clause (a) or (b) above, the supplier shall liable to pay for any loss which the GSECL may sustain on that account but the supplier shall not be entitled to any saving on such purchases made against default. The decision of the GSECL shall be final as regards the acceptability of stores supplied by the supplier and the GSECL shall not be required to give any reason in writing or otherwise at any time for rejection of the stores. Further, GSECL reserves the right to terminate the Contract (i.e. purchase order) at any time, without assigning any reasons, whatsoever, by giving a notice period of ONE month from the date of notice of termination of the contract. Suppliers will not be entitled for any compensations / damages / losses, whatsoever, on account of such termination of the contract. 31. DEVIATION TO SPECIFICATION: Preference will be given to tendering firms whose quotations are according to tender specification. It would be in the interest of the tenderer to study the specification, drawing etc. As the case may be thoroughly before quoting that if any deviations are made by the tenderer the same are clearly and prominently brought out in the body of the offer. 32. TEST CERTIFICATE: Test certificate for the stores as per relevant IS / BIS shall be submitted in Triplicate for our approval prior to dispatch of stores and should be dispatched only after the test certificates are approved. Supplier will be responsible for any expenditure that consignee might incur if the goods stand rejected on this account. Further, the GSECL will not be responsible for any delay in payment on this account. 33. Tenderers should agree to submit the Test Certificates in triplicate after inspection is carried out by GSECL s Representative prior to dispatch of materials for GSECL s approval. 34. QUANTITY TOLERNCE: (When the order placed is in terms of weight basis / length basis) The quantity tolerance shall be allowed ±3% order-wise for total order quantity for each item except cables. The weighment recorded at our consignee shall be considered final for purpose of payment. However where the weighbridge facility are not available and / or weigh bridge is out of order or under capacity, material will be accepted on sectional weight basis / weight recorded at any other nearby weighbridge. If the materials are accepted on sectional weight basis and for weighment difference, the tolerance will be allowed as per provisions of IS: 1852 for weight tolerance. 9

10 35. The purchaser (i.e. GSECL) shall have the right to make any changes, additions / deletions or modifications in any terms / conditions of the tender and / or specifications as may be deemed necessary by the GSECL at its sole discretion at any time before the due date of opening of the tender. 36. GSECL does not accept the printed conditions of any tenderer. It will be ignored without any reference; hence tenderers should withdraw such printed conditions if they have any. 37. Please indicate whether the goods offered are first sale or second sale so as to determine the payment of sales tax. 38. The materials should be offered strictly confirming to IS / BIS /Tender specifications given in the tender, if the tenderer s desires to quote with any technical devotions they should specifically quote the deviation & the ISS or BIS Nos. in the body of the tender itself under the respective Annexure of this tender document. If technical deviations furnished by the Tenderer are not agreeable to the GSECL, the offers may be ignored. However it will be solely at GSECL s discretion to consider the technical deviations OR not for considering the Tenderer. No correspondences of the Tenderer after opening of the bid will be entertained in this matter. 39. Revision of prices or any commercial terms affecting the price after opening of technical bids shall not be considered and will be ignored. 40. ACCEPTANCE OF TENDERS: The GSECL does not bind itself to accept the lowest or any tender neither will any reason be assigned for the rejection of any tender or part of a tender. It is also binding on the GSECL to disclose any analysis report on tender samples. The tenderer on his part binds himself to supply any item or items selected from his offers in part or whole at the option of the GSECL. 41. JURISDICTION: All quotations, disputes or differences arising under out of or in connection with the tender / contract if conclude shall be subjected to the exclusive jurisdiction of the court under whose jurisdiction the place from which the tender / acceptance of tender is issued, is situated. 42. FAILURE TO ACCEPT GSECL TERMS & CONDITIONS FOR SUPPLY: Tenderers are requested to notice that in the event to their failure either to accept an order in accordance with the GSECL terms and conditions or it fulfill contract satisfactorily as per the terms and conditions of supply order. Earnest Money, Security deposit are liable to be adjusted at the description of the GSECL from the payment deposit and / or from the amount outstanding against their bills for supplier effected against any other order placed with the contractors. 10

11 43. OTHER CONDITION OF SUPPLY: The GSECL s General Conditions of contract will apply to all supply to contracts and supplier will be deemed to be fully aware of the GSECL / Company s General Conditions of contract for the supply of plants, equipments and materials except the conditions modified in this commercial terms and conditions and any ignorance of these conditions will not exempt supplier form their liability to abide by the same. Copies are available from the GSECL offices. 44. If in any company, the interest of any employee of the Gujarat State Electricity Corporation Ltd. or his relative as defined in section-6 of the Company s Act. 1956, is 10% or more, GSECL will not deal with such company at all. Tenderer therefore, must specifically disclose this fact in his technical bid. Nondisclosure of such facts would disqualify the Tenderer for further dealing with GSECL. 45. The materials offered for inspection shall be in duly packed condition ready for putting the embossing of the seal by the inspector on the lead seal which is provided on the packing by the supplier by passing a sealed wire through it, as per our approved method. The inspector will inspect only a few packages and select samples at random for testing or testings as per relevant ISS / BIS / Tender specifications. On passing of which, he will emboss his marking on the seal thereafter provided on the packages, which will be only few. 46. The tenderer if being an agent, who submits its offer to GSECL, will have be give information and declare the name of the principle from which he will procure the materials and supply to GSECL alongwith Company s written confirmation about quality and backup performance guarantee. Only on getting complete information from agent, such offer if found suitable shall be taken in consideration. 47. Tender documents / offer should be sent by R.P.A.D. or speed post only. No tender will be accepted by hand delivery or in person or by courier services. 48. Please quote rates in schedule B along with the details in form A ( taxes, excise duty, freight, insurance, packing & forwarding charge in % or amount should be clearly mentioned etc.) otherwise same will be considered as inclusive. It will not be possible to consider the offer without the forms given in the tenders. 49. STATUTORY VARIATION: Any statutory increase or decrease in the taxes and duties subsequent to suppliers offer if it takes place within the original contractual delivery date will be to the GSECL s account subject to the claim being supported by documentary evidence. However, if any decrease takes place after the contractual delivery date, the advantage will have to be passed on to the GSECL. 11

12 50. PAYMENT: Payment shall be made by the GSECL, either directly to you or to suppliers Banker for the materials supplied as per GSECL s standard payment terms and conditions i.e. 80% of Ex-Work price including 100% of F&I, Taxes & duties, on receipt on TRC within 30 (Thirty) days on verifying required documents as per A/T conditions and balance 20% within 45 days on receipt of S.R. Note from the consignee. Alternatively, the GSECl may make payment through SBI, Kevadia Colony branch or any other financial institution depending upon facility available at the relevant time. You shall invariably instruct your Bankers to accept lesser amount than IBC amount (Bank Advice amount) in case GSECL s Cheque amount differs from claimed amount / IBC amount supported with deduction memo. Bill should be submitted in triplicate in the name of Chief Engineer (O&M), GSECL, SSHEP, Kevadia Colony. Payment will be made by A/c payee cheque only. 51. No conditional tender will be accepted by GSECL. 52. Each tender, duly offered in sealed envelope superscripted with tender number & due date shall be received by R.P.A.D / speed post only. The undersigned reserves the right to accept any or to reject all tenders without assigning any reason thereof. Tenders received late / delayed tender will not be accepted. Any alterations / modifications to price bids received after opening of techno commercial bid shall not be considered unless call for by the GSECL in negotiations / discussion 53. If liason agent / Representative are likely to be presented by the tenderer, then he must submit the authorization letter of the representative company at the time of opening of Bids & this is compulsory. Only one liaison agent is allowed. 54. The time & date of opening of the price bid shall be determined by the GSECL & communicated to the tendering firms after techno commercial bids are analyzed & the intimation will be sent only to the technically accepted tenderers. 55. Arbitration Clause for Supply. All question, disputes or difference whatsoever which may at any time arise between the parties to this agreement touching the agreement or subject matter thereof, arising out or in relation there to and whether as to construction or otherwise shall be referred to the decision of the sole Arbitrator, appointed by the Chairman & MD, GSECL for that purpose, who shall be retired high court judge or retired district and sessions judge and the decision of the said Arbitrator shall be final and building upon the parties. Reference to the arbitrator shall be governed by the provisions of the arbitration and conciliation Act as amended from time to time and rules made there under. The arbitration proceedings shall be conducted at H.O. GSECL, Vadodara or at such places as the sole arbitrator may be determined. The award of sole arbitrator shall be final and binding upon the parties. 56. GSECL reserves the right to cancel any or all the offers / bids or to accept any offer without 12

13 assigning any reasons. Also in case GSECL / Company find that there is an attempt of cartel in the prices, GSECL reserves the right to consider or reject any or all the parties offers without assigning any reasons thereof. 57. GSECL reserves the right to increase or decrease the quantity against each item/s while placing the order. Signature of Bidder C.E. (O & M) With company seal G.S.E.C.L., SSHEP, 13

14 ANNEXURE 1 Subject: Supply of Reference: Tender enquiry No: Due on date: / / 20 In connection with the above subject and reference, I / We confirm the following: 1. I / We, the under signed have read and examined the Tender Specifications in tender mentioned under reference along with the Commercial terms and conditions. 2. I / We, declare that our Technical Bid is strictly in line with the Tender specifications (except the deviations shown in Annexure of Technical Deviations as per clause no.38 of this tender document). 3. Further, I/ We also agree that additional conditions / deviations, if any, found in the Commercial terms & conditions (except reference under clause no.38 of this tender document), our offer shall be out rightly rejected without assigning any reason thereof. Seal of the Firm : Signature of the Authorized Representatives of the firm Name: Status: 14

15 ANNEXURE 2 Name of the Tendering Firm / Agency: I / We, confirm that following documents are attached with the Technical bid of the offer. Sr. Details Confirmation No. (Tick_ any one) 1. Firm s details as per Annexure 3 YES / NO 2. Copy of the un-priced schedule (Description and YES / NO Quantity of items offered in price schedule without Price). Annexure Delivery schedule as per Annexure 5 YES / NO 4. Past experience details as per Annexure 6 YES / NO 5. Performance certificates as per Annexure 7 YES / NO 6. Type test reports as per Annexure 8 YES / NO 7. Certificate of Important instruction & Certificate-A YES / NO 8. GSECL s technical specification duly signed and with seal of firm YES / NO 9. Guaranteed technical particular submitted in GSECL s Performa only. YES / NO 10. ANNEXURE -10 YES / NO NOTE: ALL THE DOCUMENTS SHOULD BE PROPERLY FILLED AND SHOULD BE GIVEN FLAG MARKING FOR IDENTIFICATION. 15

16 ANNEXURE 3 DETAILS OF THE FIRM Tenderer may MANDATORILY fill all the details in this form. (These details are necessary to create the database of suppliers) Supplier Name: Within Gujarat / Outside Gujarat Pvt. Firm / Public Ltd. / State Govt. Under taking / Central Govt. undertaking Supplier Category Vendor Registration Letter No. & (If registered and letter issued by board) Vendor Registration Fee Vendor Registration Vendor Registration Validity Period GST No. and GST CST No. and CST Excise No. and Excise SSI Certificate No. and NSIC Certificate No. (Should be revalidated since last 3 yrs.) NSIC Certificate. Whether under NSIC scheme. If Yes then Monetary limit. Custom No. and (If applicable) License Type (ISO9001 / 9002) ISO 9001 / ISO 9002 (Tech Applicable) License Validity period From to Address of Registered Office: Contract person name Designation: Address Cit & Pin Code: State: Country: Phone Nos. (Office): Fax No: STD Code: Mobile No: Web Site address: -id: 16

17 ANNEXURE 4 UN-PRICED SCHEDULE (COPY WITHOUT PRICES) Sr. Details of the items / Equipments Quantity Firm s per Annum No. Offered Offered Production capacity for the Offered item / items 17

18 ANNEXURE 6 DETAILS OF THE EXPERIENCE FOR SUPPLY OF SIMILAR TYPE OF ITEMS IN LAST FIVE YEARS FROM THE DUE DATE OF TENDER: Sr. No. Items Order Item Order Status Remarks Supplied Ref. No. s/qty. Fully if order To & executed under YES / NO execution A. GUJARAT ELECTIRICITY BOARD / GUJARAT STATE ELECTRICITY CORPN. LTD: 1) 2) 3) 4) 5) B. OTHER STATE ELECTRICITY BOARDS: 1) 2) 3) 4) 5) C. PRIVATE FIRMS: 1) 2) 3) 4) 5) 18

19 ANNEXURE 7 LIST OF PERFORMACE CERTIFICATES SUBMITTED WITH THE TECHNICAL BID Sr. Name of the authority by Reference No. & Details of items No. whom certificate is issued

20 ANNEXURE 8 LIST OF TYPE TESTS REPORTS SUBMITTED WITH THE TECHNICAL BID Sr. No. Type test report No. & date Tests Carried out at (Name of laboratory) Rating & type / Designation of item / equipment Name of the test Conducted Results of the Tests 20

21 ANNEXURE 9 LIST OF THE TENDER DRAWINGS SUBMITTED WITH THE TECHNICAL BID Sr. Description Drawing Number Number of Sheets No

22 ANNEXURE 10 Tenderer must fill up below details & should place at the top of the Technical Bid. 1. PRICES: [FIRM ONLY] (Please Specify YES / NO) 2. Rates offered FOR: 3. EXCISE DUTY: [SINGLE SLAB ONLY] (Please Specify INCLUSIVE / EXCLUSIVE / EXEMPTED) 4. SALES TAX: [IN PERCENTAGE] (Please Specify INCLUSIVE / EXCLUSIVE / EXEMPTED) Please quote your Sales Tax Registration No. & Please specify GST or CST or VAT 4A. In case of GST please specify place of Manufacturer unit from where material is to be supplied 5. PENALTY TERMS AGREED: (Please Specify YES / NO) 6. SECURITY TERMS AGREED: (Please Specify YES / NO) 7. P.G TERMS AGREED (Wherever applicable): (P.G.- Performance Guarantee) (Please Specify YES / NO) 8. DETAILS OF EMD PAYMENT (Please Specify DD / Valid SSI / Valid NSIC No.) 9. DELIVERY TREMS AGREED: (Please Specify YES / NO) 10. VALIDITY OF THE OFFER AGREED: 120 Days from the date of opening of Technical Bid 11. PAYMENT TERMS AGREED: 80% against T.R.C. within 30 days & balance 20% within 45 days 12. ITEMS OFFERED: 13. TELEPHONE NOS. & FAX NO: 14. Authorized person of the firm: 15. Name of the proprietor, partners, directors [As the case may be], along with address, telephone, fax no, ID etc. 22

23 ANNEXURE-12 TECHNICAL DEVITATION IF ANY TO BE FURNISHED IN THIS ANNEXURE ONLY AND TO BE SUBMITTED WITH TECHNICAL BID. 23

24 ANNEXURE 13 (UNDERTAKING IN REGARD TO QUOTED PRICE) Sub: Undertaking in regard to quoted prices. Ref: Tender No. All bidders will have to furnish the following undertaking duly filled in, signed and stamped for each quoted item of the tender along with the price bid. This is to certify that we have not supplied the tender items viz... to other SEBs / Power Utilities with this tender specification of GSECL at lower Unit Ex- Works price than the Ex- Works prices quoted in this tender by us for the same item during last Six (06) Months. The prices quoted by us for the same item to other SEBs during the last six (06) months are given below: This is to be submitted in separate Sealed Cover super scribed Undertaking in regard to quoted price and should be placed in Price Bid Cover. 24

25 Tender for supply of On Firm s letter Head Tender No. Due On: CERIFICATE A I / We authorized signatory of M/s. hereby certify that M/s. is not related with other firms who have submitted tenders for the same items under this Inquiry / Tender. Seal of the firm : Signature of the Tenderer With Designation : 25

26 IMPORTANT INSTRUCTIONS 1. The Tenderer should clearly give certificate alongwith the Technical Bid: Tender No. Due On: This is to confirm and certify that the offer submitted by me is strictly in accordance with the GSECL s Tender specifications, Guaranteed Technical Particulars and drawing as mentioned in the tender specifications. There is no commercial or Technical deviation (except the deviations shown in Annexure of Technical Deviations as per clause no. 38 of this tender document) in the offer from the Board s Tender Specification. I undertake to abide by the GSECL s Technical specification / Guaranteed Technical Particulars / Drawing. I undertake to supply materials strictly as per the GSECL s Technical specification / Guaranteed Technical Particulars / Drawing, even if any technical deviations are mentioned by me. I also undertake to abide by all commercial of the GSECL including delivery schedule. (Signature of the Tenderer) 2. Any offer without above certificate will not be considered and the tender will be outrightly ignored in the absence of above certificate. 3. After opening of the Tender, if it is found that the offer given by the Tenderer is not according to the GSECL s specifications, Guaranteed Technical Specifications, drawing and commercial terms and conditions and false certificate is given by the Tenderer, then GSECL will not deal with the firm for the present Tender. It is, therefore requested that the Tenderer should take care in giving their offer and submission of documents, including Type Test Certificate. 4. The conditional tenders will not be accepted. 26

27 UNDERTAKING IN REGARD TO STOP DEAL / BLACK LIST THEREOF All bidders will have to furnish the following undertaking duly filled in, signed and stamped for each quoted item of the tender along with the Technical bid. I / We Authorized signatory of M/s. here by certify that M/s. is not stop deal / black listed by GUVNL and or their any subsidiary company viz. GSECL / GETCO / DGVCL / MGVCL / UGVCL / PGVCL. Signature of the Tenderer Seal of the Firm 27

28 I N T E G R I T Y P A C T OUR ENDEAVOUR To create an environment where business confidence is built through Best Business Practice and is fostered in an atmosphere of trust and respect between providers of goods and services and their users for the ultimate benefit of society and the nation. GSECL S COMMITMENT To maintain the highest ethical standards in business and professions Ensure maximum transparency to the satisfaction of stakeholders. To ensure to fulfill the terms of agreement / contract and to consider objectively the viewpoint of parties. To ensure regular and timely release of payment on due dated for work done. To ensure that no improper demand is made by employees or by any one on our behalf. To give maximum possible assistance to all the vendors / suppliers / service provider and other to enable them to complete the contract in time. To provide all information to suppliers / contractors relating to contract / job which facilitate him to complete the contract / job successfully in time. To ensure minimum hurdles to vendors / suppliers / contractors in completion of agreement / contract / work order. PARTY SCOMMITMENT Not to bring pressure recommendations from outside GSECL to influence its decision Not to use intimidation threat inducement or pressure of any kind on GSECL or any of it s employees under any circumstances. To be prompt and reasonable in fulfilling the contract, agreement, legal obligations. To provide goods and / or services timely as per agreed quality and specifications at minimum cost to GSECL. To abide by the general discipline to be maintained in our dealings. To be true and honest in furnishing information. Not to divulge any information, business details available during the course of business relationship to others without the written consent of GSECL. Not to enter in to carter / syndicate/ Understanding whether formal/ non formal so as influence the price. Seal s Signature (GSECL s Authorized Signatory) Name : R.V. Patel Name: Designation : C.E (O & M) Name : Designation : Dy. CAO. 28 Seal s Signature (Party s Authorized Person)