Technical Bid for Tender No: : MTC-71

Transcription

1 1 GUJARAT ENERGY TRANSMISSION CORPORATION LTD Circle office, Visnagar Road, Mehsana Phone & Fax No : setrmehsana.getco@gebmail.com Web site: Technical Bid for Tender No: : MTC-71 TENDER FOR: - THE SUPPLY OF ISI STANDARD MAKE HOT & COLD WATER DISPENSER HAVING COOLING CAP. 3 LTR WITH STORAGE JAR & ATOMIZATION SYSTEM FOR VARIOUS SS UNDER TR-CIRCLE MEHSANA. M/s. Tender fee Rs. Vide DD No. Dt Name of Bank: EMD Fee Rs. Vide DD No. Dt Name of Bank: Sealed percentage rate tenders are invited in Two separate sealed covers Super scribed technical bid and Price bid for THE SUPPLY OF ISI STANDARD MAKE HOT & COLD WATER DISPENSER HAVING COOLING CAP. 3 LTR WITH STORAGE JAR & ATOMIZATION SYSTEM FOR VARIOUS SS UNDER TR-CIRCLE MEHSANA. From Registered Contractors in appropriate class with GETCO/Central/ State Government / Railway/Semi. Govt. and who has executed similar nature of work and magnitude successfully. Tenderer should Collect the blank tender from the office of The Superintending Engineer (TR), Gujarat Energy Transmission Corporation Ltd., Circle office, Visnagar road, Mehsana -01 and submit the same as per instructions there in only by RPAD/Speed post Estimated cost Earnest money (1 % of the Tender value) Security Deposit 5 % of the tender value (50 % by D.D % by R.A. Bill) Last date for receipt of tender up to 14:00 Hrs. on Dt: Date of opening the tender (If possible) at 15:00 Hrs on Dt: Validity of tender: 180 Days from the date of opening of Technical Bid Price of Tender (Non refundable) Rs Time Limit 30 Days

2 Bidders are requested to remain in touch with our Web site for Extension in date Corrigendum etc.- for the above tenders till opening of technical bid. No tender shall be accepted / opened in case of receipt after due date and time of tender, irrespective of delay due to postal services or any other reasons and the Corporation shall not assume any responsibility for late receipt of tender. The tenders are to be submitted by the intending bidders with forwarding letter on their letter head showing list of documents attached with the tender duly signed by Authorized person of their firm, affixing stamp of their firm in single envelop with two separate sealed and super scribed envelopes as listed below: Envelope No.1: Technical bid and Post Qualification bid data, details specification. Envelope No.2: Price Bid. Technical and Post Qualification bid details specification (Envelope No.1) will be opened first and subject to evaluation based on the qualification criteria contained in the individual bid document. Price bids (Envelope No.2) of bidders who are assessed and declared as substantially technically responsive on evaluation of the technical bid will be opened for further commercial evaluation. The Earnest Money Deposit and tender fee will be accepted by Demand Draft on any Nationalized Bank only situated at Mehsana, drawn in favor of Gujarat Energy Transmission Corporation Ltd. Tender without EMD and Tender fee shall be rejected. Two separate demand draft for Tender fee and EMD should be submitted with technical bid. Tender document can be down loaded from our web site Interested party requested to visit our Web Site as mentioned. The Tenderer should have to submit with Tender on latter pad along with attested copies of the certificate of (1) PAN No. (2) Registration from GETCO (3) Solvency Certificate from Schedule Bank / Revenue Bank, (4) Partnership deed, (5) Latest Registration Certificate for provident fund of Employees / Labors and P.F. Code No. and its latest receipt, (6) Experience Certificate (7) Payment of Tender Fee & EMD in D.D. in favour GETCO, MEHSANA. The GETCO reserves the right to award the work to one or more bidders, considering their technical and financial capacity OR to reject any or all tenders or accept any tender without assigning any reason thereof Signature of the Contractor (With rubber stamp & Date) 2 Superintending Engineer (TR) GETCO, Circle, Mehsana.

3 3 COMMERCIAL TERMS AND CONDITION 1. Validity of the tender It should be 180 days from the date of opening of technical bid. 2. Railway Receipt (R.R.) / Truck Receipt (T.R.): All goods should be Dispatched freight paid and the R.R. /T.R should be forwarded directly to the on signee by registered letter and not through any Bank. In case of local suppliers, the R.R. /T.R. should be forwarded to the consignees directly and it should be immediately intimated on Dispatch of the stores, as otherwise demurrage charges if any paid by the consignee will be deducted from your bills 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 R.R. /T.R. should be obtained from the Railway Authorities / Transport Authorities without any ambiguity, otherwise you will be held responsible for any damages / shortage claim rejected by the Authorities for want of a clear R.R. /T.R. Materials may be dispatched by any convenient mode of transport and up to Corporation's stores i.e.f.o.r.destination. 3. Advance intimation to consignee: When the RR / TR is obtained and materials Dispatched, R.R.No. TR/No. Wagon No. /Truck No. etc. should be intimated to the consignee in advance preferably by a telegram so that he may arrange to take delivery at the receiving station against indemnity bond in case RR/TR is not received. Also if the unloading requires use of crane, such advice should also be issued by telegram to the consignee indicating the weight, size of the package, wagon no. etc. so that he may make arrangements for a crane in advance, in case the Corporation has to incur any extra expenditure for want of advance information, the same would be recovered from your bill. 4. Submission of Bill: You should forward the R/R/TR directly to the consignee along with the triplicate copy of the bill. The original and duplicate copy of the bill along with relevant documents including approved Test Certificate where applicable should be sent to the Superintending Engineer (TR), Gujarat Energy Transmission Corporation Ltd., Circle Office, Mehsana failing which the bills will be returned. You should prepare bills for advance and final payments separately wherever applicable as per the terms of the contract. The consignee, on receipt of the triplicate bill immediately forward the certificate of Railway Receipt in case of advance payment and store receipt note in case of final payments together with other relevant document giving reference to the Bill No. and date to this Office. The triplicate copy of the bill should be certified by the consignee. You should mention on the original Bill, No. and date of Sales Tax Registration Certificate held under State / Central Sales Tax Act. The original bills should be marked Original in red ink by you. Date of submission of Test Certificate and this office reference no. approving the same should always be given on the invoice in which the advance payment is being claimed. The bill should not be forwarded to this office without approved Test Certificate. The Corporation shall not be responsible for any delay in payment of bills if you fail to comply with any of the instruction given in acceptance of tender. 5. Payment of Bills: All payments against this order by this Corporation will be made through a Cheque drawn on Scheduled Bank at Mehsana, subject to a stamped receipt for the payments as advises, being sent in advance. Such advance receipt may be headed Advance Receipt. 6. Packing and Forwarding Charges: The prices are 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 handling 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. 7. Sales Tax and General Tax: The Sales Tax, General Sales Tax and Central Sales Tax if payable, will be paid extra as per rules. This should be claimed as a separate item in the bill. Gujarat Energy Transmission Corporation Ltd. Is registered under: I GST TIN NO Dates

4 4 II CST TIN NO Dates Penalty for Late Delivery: In case, the materials are not delivered within the period stipulated in the order, penalty shall be levied at ½% per week on the prices (End cost) subject to maximum 10% reckoned on the value of late delivered supplies. Due consideration will be given for waival / levy of penalty only for the reasons absolutely beyond your control (Viz.Force Majeure conditions) 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. 9. Extension in the Contractual Delivery Date: It will be your responsibility to ensure that goods are delivered within the stipulated delivery period. However, if on account of reasons beyond your control as laid down in the DGS & D Force Majeure Conditions the Corporation may consider extension of delivery period with or without penalty & with or without statutory variations. However, delivery extensions will be considered only after execution of the order fully and upon submission of documentary evidence for the reasons of delay. However, such extension will be subject to the following conditions shown hereunder. That no increase in price on account of any statutory increase in or fresh imposition of customs duty, excise duty, sales tax or on account of any other tax or duty leviable in respect of the stores specified in the said acceptance of the 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 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 this said A/T shall be admissible on such of the said stores as are delivered after the original contractual delivery date. But nevertheless, the purchaser shall be entitled to the benefit of any decrease in price on account of reduction in or remission of customs duty, excise duty, sales tax or on account of any other tax or duty or on any other ground as stipulated in the A/T., which takes place or on after the contractual delivery date of the said A/T. The D.G.S & D force Majeure Clause applicable for this A/T. is reproduced hereunder: "D.G.S & D. FORCE MAJEURE CLAUSE" "If, at any time during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract shall be prevented or delayed by reason of any war, hostility, act of the public enemy, civil commotion, sabotage fires, floods, explosion, epidemics, quarantine restrictions, strikes lockouts or acts of God (hereinafter referred to as event)", then provided notice of the happening of any such event is given by either party to the other within twenty one days from the date of occurrence there of neither party shall by reason of such event be entitled to terminate this contract nor shall either party shall have any claim for damages against the other in respect of such non-performance of delay in Performance and deliveries under the contract shall be resumed as soon as practicable after such event has come to end or ceased to exist, and the decision of the Secretary as to whether the deliveries have been so resumed or not shall be final and conclusive. Provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reasons of any such event for a period exceeding 60 days, either party may at its option terminate the contract provided also that if the contract is terminated under this clause, the Purchaser shall be at liberty to take over from the Contractor at a price to be fixed by the Secretary, which shall be final, all unused undamaged and acceptable materials brought out components, and stores in course of manufacture in the possession of the Contractor at the time of such termination or such portion thereof as the Purchaser may be deem fit excepting such materials, brought out component and stores as the contractor may with concurrence of the Purchaser elect to retain". Explanation: The expression contractual delivery date shall mean and included any date on which or the last day of the period within which the whole or part of the goods are contracted to be delivered. 10. Replacement of goods broken or damaged or received short: In the event of any stores or part thereof being broken or damaged or received short during transit or during the testing and trial at site before commissioning in service you shall replace the same free of cost. However, Corporation will arrange recoveries of amount equivalent to cost of such damaged / broken / short supplied materials before actual replacement is given. 11. Inspection: All supplies are subject to the Inspection and approval of the Corporation. The Corporation will depute an Officer or authorize D.G.S. & D. or any other Govt. OR Govt. / Corporation approved agencies (Not private) to carry out the inspection on behalf of Corporation. At least 30 days notice should be given prior to Dispatch of the stores in case of plant and equipment and fifteen days notice in the case of general stores in order to enable the Corporation to depute

5 an inspector. The Corporation also reserves the right to waive the initial inspection before Dispatch and authorize the consignee to carry out the final inspection on receipt of the stores at site. You shall have to submit the Inspection Call letter in the format as shown under. This is a must. 1 Corporation's Order A/T. No. & Date 2 Name of the Item offered for Inspection 3 Your Inspection Call No. 4 Total Order Quantities for Supply 5 Total Quantity offered for inspection till last inspection call 6 Quantity offered for inspection (Should be strictly as per delivery Schedule of the A/T.) 7 Balance quantity to be offered 8 Date of Inspection to be carried out 9 Place & Address of Inspection where the inspection is to be Carried out along with Contact Person's Name, Phone, Mobile and Fax Nos 10 Weekly Holiday Advance Sample: The sample must be of an acceptable quality and must fully represent the bulk supply. This is an essential condition of the contract and the Corporation shall under no circumstances be liable for any stores manufactured or supplied to us before the sample has been approved. The stores shall be supplied as per samples approved by us. Failure to comply with this condition will tender you are liable to replace the materials at your own cost in case of rejection by the consignee. 13. Drawings: Whenever applicable, six copies of dimensional drawings together with necessary literature should be forwarded for Corporation's approval. 14. Materials to conform to Specifications: The materials supplied should be in accordance with the guaranteed particulars if given in this A/T and should conform to that specification mentioned herein. Drawing's of the accessories wherever applicable should be submitted to us for prior approval before fabrication. You will keep this office informed of the progress of manufacture of materials included in this order. 15. Mode of payment Security Deposit: The Security deposit is payable to the Corporation by (a) Demand Draft or Cheque on any schedule Bank at Mehsana Or (b) Bank Guarantees from Schedule Bank in the form approved by the Corporation in case where the amount of the Security Deposit payable exceeds Rs.5,000/-. In the case of Bank Guarantee, you should undertake to renew the guarantee one-month before the expiry of the validity date failing which the Corporation will encase the Bank Guarantee. This Security Deposit is for the due performance of contract and the same is liable to forfeiture by the Corporation in the event of your non-fulfillment of the terms and conditions of this contract. It will be refunded after the final payments of 10% of the Bill, except in case where Performance Guarantee Clause is there and no separate PBG is applicable as per PBG clause; in that case it shall be retained till expiry of the guarantee period as specified in the order. Refund of Security deposit will only be made on return of the original Receipt stamped or otherwise given by the Corporation or in case of loss thereof by furnishing an Indemnity Bond duly stamped under the Bombay Stamps Act. 16. Repeat order / Additional order: The Corporation reserves the right to place repeat orders / additional orders on you, up to 50% of the original quantity of the A/T at the same prices terms and conditions stipulated in the original contract, within Four months after completion of the delivery period. In special circumstances the Corporation will reserve the right to place repeat order / additional order up to 100% quantity mutually agreed upon. 17. Name of the Consignees: The goods shall be dispatched to the destinations and consignee as shown in the Schedule attached or as shown in the Dispatch instructions issued from time to time and under intimation to this office.

6 6 18. Termination of Contract: In case you fail to deliver the goods 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 Corporation shall exercise its discretionary power either: To recover, from you as agreed, by way of penalty clause above, or To purchase elsewhere after giving due notice to you on account and at your risk such stores not so delivered or other similar description without canceling the contract in respect of the consignment not yet due for delivery or To cancel the contract. In the event of the risk purchase of stores of similar description, the opinion of the Corporation shall be final. In the event of action taken under clause (a) or (b) above, the contractor shall liable to pay for any loss which the Corporation may sustain on that account but you shall not be entitled to any saving on such purchases made against default. The decision of the Corporation shall be final as regards the acceptability of stores supplied by you and the Corporation shall not be required to give any reason in writing or otherwise at any time for rejection of the stores. Further "Corporation reserves the right to terminate the Contract( i.e. Purchase Order) at any time, without assigning any reason, whatsoever, by giving ONE month notice from the date of Notice of termination of the Contract. You will not be entitled for any compensatory / damages / losses, whatsoever, on account of such termination of the Contract." 19. Acceptance of Stores and Approval: The goods shall be accepted subject to the approval of the concern consignee after receipt of the stores at site. All or any stores and materials to be supplied at FOR Destination, against this contract will be subject to their acceptance by the consignee or any other officer deputed by the corporation for this purpose. The corporation will be at liberty to reject whole lot without assigning any reasons and the decision of the officer concerned will be considered as final. 20. Contract documents: You will have to execute a stamped agreement required in the form attached hereto. 21. Description of Stores: The materials as well as quantities are to be supplied as per the specifications shown in Schedule B"& GTP's if given. 22. Type Tests: All the necessary Type tests should have been carried out before submission of the tender and to be submitted along with the Technical Bid. The Type Tests which are more than 05 (Five) years old (from the date of opening of Technical Bid) will not be considered (except otherwise specifically mentioned in the Guaranteed Technical Particulars i.e.gtp's.). All the required type tests should not be older than 5 (five) years. All the required type tests on one particular item must have been conducted in the span of one year only. 23. Audit of Inspection: From the lots inspected by the Corporation's Inspector before dispatch of goods, the Inspector from Audit Inspection Wing may pick up samples from the lots supplied at stores of the Corporation at random for quality check only. The samples picked up will be tested for acceptance test / type test or the tests as decided by Corporation at Government approved laboratory in presence of representatives of your as well as Corporation's as per relevant ISS/BIS/ Corporation specifications. The test results will be binding on you and Corporation in general will not allow re-sampling. If the material fails in any of the tests carried out, the full lot of materials will be considered as rejected and if replacement is not possible due to consumption of the materials then in that case for whole of the rejected lot, Corporation will deduct maximum up to 30% (Thirty) of the End Cost Price. If the same are not utilized / consumed then Corporation may ask for replacement at sole discretion of the Corporation or may accept with maximum deduction up to 30% (Thirty) of the End Cost Price, and all these will be binding on you. In case if the materials do not confirm to specifications or fails at Government approved laboratory or other laboratory decided by Corporation for testing and if subsequent testing's are to be carried out (which will solely at Corporation's discretion), then all Testing fees, expenses of the inspector & other expenses incurred by the Corporation will be to your account. The decision in this regard for acceptance as above of the Corporation shall be final & this will be binding on you. 24. Acceptance of Rejected Materials: The Corporation reserves the right to accept the whole or part of rejected supplies or of the utilized materials, which are failed during testing and recommend reduced prices taking into account the defects, noticed. Such reduction for the whole lot will be maximum up to 30% (Thirty) of the End Cost Price, provided Corporation accepts the materials. In this respect the decision of the Corporation will be final and will be binding on you.

7 7 25. Octroi: Octroi, if applicable, shall be paid extra by the Corporation at consignee end, against submission of documentary evidence of payment. 26. Inland Freight: The prices are inclusive of Inland Road Freight charges. The goods shall be Dispatched freight paid. 27. Inland Transit Insurance: The prices are inclusive of Inland Transit Insurance. The goods shall be duly insured with your underwriters at your cost. All the materials will be required to be supplied up to Destination against all transit risks, such as damage, loss, theft, fire, etc. The insurance period shall cover 30 days after the date of receipt of materials at site in order to enable the Corporation to check up stores fully. You 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 within 30 days. You shall directly correspond with your underwriters and settle the claim for the goods lost or damaged in transit. The consignee after checking the materials will intimate you within 30 days after receipt of materials at site, the details showing the items lost or damaged in transit. The cost of such goods received short / damaged / broken / defective stores materials will however be deducted from your bills and will be refunded only after replacement thereof. The consignee will ask you to replace such goods if it is considered necessary to have replacement. It will be your responsibility to lodge claim against the insurance on receiving necessary advice from the consignee. 28. Mode of Dispatch: The prices are FOR Destination; the materials may be dispatched through any convenient mode of transport and up to F.O.R. Destination of the Corporation's Stores. 29. Test Certificate: You will have to submit the test certificate for routine test as per relevant ISS / Material Composition of recognized or Govt. laboratory of the goods ordered in triplicate for our approval prior to Dispatch of stores. You will be responsible for any expenditure that the consignee might incur if the goods stand rejected on this account. Further, the Corporation will not be responsible for any delay in payment on this account. You will have to submit the type test reports as per GTP's, before commencement of supply for the necessary type tests carried out in the Govt. approved laboratory. 30. Terms of payment: 80% of the Ex-works price with 100% taxes, duties and F&I price of each consignment will be paid to you by this office against TRC within 60 days after verifying the invoices and other related documents, approval of test certificates and on your furnishing certificates of proper Dispatch of the goods in the form attached which would be sent to the Superintending Engineer (TR), CO, Gujarat Energy Transmission Corporation Ltd, Mehsana, along with the copy of invoice. The payment will be made directly to you. The balance 20 % of the Ex-works price each consignment will be paid after receipt of goods in correct order and in good condition at site duly inspected and certified by the consignee and balance payment will be made with in 75 days from the date of receipt of materials at site. Alternatively the Corporation may make payment through Dena bank / SIDBI, ICICI, Power Finance Corporation, R.E.C. or any other financial institution depending upon facility available at the relevant time. In case of payment through SIDBI, ICICI, 80% of Ex-Works price including 100% of F&I, Taxes & duties, payment shall be made against TRC /RRC and balance 20% shall be made directly on receipt of SR Note. In case of payment through SIDBI / ICICI necessary, stamp charges and interest charge shall be borne by the Corporation. Other charges, if any shall have to be borne by you. The TRC/documents should be sent to. the Superintending Engineer (TR), CO, Gujarat Energy Transmission Corporation Ltd, Mehsana, In case if you want payment through Bank: You shall have to furnish (i) Indemnity Bond for the A/T, (ii) Power of Attorney duly registered with the Corporation for individual Bank and a request letter for discounted bills to issue Cheque in favour of your Bank A/c. M/s.. While extending the above facility, the Corporation in no case will be responsible for any default in payment OR interest to the Bank by you. Your Banker should accept the payment released as per the Bills passed and audited. The Corporation would normally accept only one mode of payment: viz. Either (1) Direct payment OR (2) Payment through Bank or Financial Institution on the strength of Power of Attorney to be executed by you to that effect. You should specifically state any one mode of payment. You should indicate the name of the Bank / Financial Institution to whom the payment is to be made. Also the Indemnity bond is to

8 be furnished by you as per prescribed format, which may be obtained from the office. The costs of all stamp paper charges are to be borne by you. 31. The Corporation reserves the right to inspect, your factory at any time during the currency of this contract and also to inspect each manufactured lot before testing / packing / Dispatch. 32. The materials to be purchased by us shall be in accordance with the latest revision of relevant ISS, and confirming to the A/T. specifications of this order. 33. The Corporation reserves the right to ask for consignee samples for approval which, after inspection and approval will be sent to the stores for comparison of the actual supplies with these approved samples. 34. From all the materials which are supplied as per ISS / BIS / GETCO specifications, Corporation will take random samples from the materials supplied and subject them to test according to ISS / BIS / GETCO specifications in Government approved laboratories. The materials should stand these tests, other wise they will be summarily rejected and you should make immediate arrangement to replace them with standard materials and after getting them duly inspected. 35. The materials shall be subject to final acceptance by Corporation after inspection, checking and testing at site after receipt at stores. 36. You shall have to arrange for third party testing and acceptance tests for first lot of supply, if required by Corporation, with extra cost and only routine acceptance test for each and every further lots. 37. Quantity Tolerance: The quantity tolerance shall be allowed +3% order wise for total order quantities for each items, this is for weighment purposes only (When the Order placed is in terms of Weight / Length basis). The Rolling tolerance in case of steel materials shall be as per IS 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. 38. Unloading: Unless and otherwise specified in the detailed purchase order, Unloading of the materials shall be arranged by Corporation. 39. Dispatch Instructions: The Dispatch instructions of all the inspected lot of materials will be issued by this office. You are requested to Dispatch all the materials strictly as per the Dispatch instructions issued. Any Dispatch instructions / advises issued, will have to be considered by you, otherwise all the consequences arising thereafter will be to your account only. You shall have to intimate the item wise Dispatch details for materials Dispatched for each of the Dispatch Instructions given against this order to Vice President (Projects). The details should be furnished in the format as shown under. This information for each of the D.I should be given within 15 Days after respective DI is issued. These Submissions of the details are mandatory & a must. A/T.No & Date: Dispatch Instruction No. & Date: Sr.No I Tem Dispatch Destination as per D.I. Materials Dispatched Date Quantity Dispatched Date of Materials Received at Site Remarks. 8

9 9 40. You have to strictly supply all the materials confirming to A/T. specifications (including the dimensions of the materials). In the event of the supplied materials are not confirming to the A/T Specifications, you will have to lift at your cost all such rejected lot immediately within seven days. 41. EMBOSSING OR ENGRAVING: You will have to emboss / engrave the words "Property of GETCO" along with the purchase order number on the items such as Insulators, Hardware accessories, Lighting Arrestors, Transformers, Meters, Switches, Cable boxes, M.S.Beams, etc. and other items as required by the Corporation. Also you should emboss / engrave / affix their company nameplate with details OR manufacturer's name and trademark. 42. Statutory Variation: Any statutory increase or decrease in the taxes and duties subsequent to your offer if it takes place within the original contractual delivery date will be to the Corporation'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 the Corporation. 43. Jurisdiction: All questions, disputes or differences arising under out of or in connection with the Tender / Contract if concluded shall be subject to the exclusive jurisdiction of the court under whose jurisdiction the place from which the tender / Acceptance of tender is issued, is situated (i.e.mehsana). 44. Arbitration: All questions, disputes or differences whatsoever which may at any time arise between you and corporation to this agreement touching the agreement or subject matter thereof, arising out of 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, Corporation, for that purpose, who shall be a retired High Court Judge or retired District and Sessions Judge, and the decision of the said Arbitrator shall be final and binding upon you and corporation. Reference to the arbitration shall be governed by the provisions of Indian Arbitration & Conciliation Act as amended from time to time and the rules made there under. 45. Delivery Period: The delivery of the materials ordered will have to be supplied within 30 DAYS. Early delivery will be acceptable. All the drawings, type tests, prototype tests, etc., are to be got approved within the commencement period only if applicable. a) The date of inspection of materials will be reckoned, as the date of Dispatch, provided the due quantity of materials are offered for inspection giving two week's time to us for arranging the inspection. No tentative date, tentative quantity for inspection should be given and if given the same will be ignored and the same will not be treated as call for inspection. In case the material is offered for inspection on the last week of the scheduled period, the same will be considered as delay in delivery and will be liable for penalty in terms of the contract. All the ordered materials should be offered for inspection strictly as per delivery schedules as mentioned in the detailed order. Time being the essence of this contract delivery period shall be strictly adhered to. The delivery period is subject to "Force Majeure Clause" as accepted by D.G.S & D (Copy enclosed herewith). In case the materials are supplied later than the date of contractual delivery schedule, materials may be accepted by the Corporation subject to levy of penalty as per clause no.8, Penalty for late delivery. In that case the penalty will be levied from the last date of delivery schedule and up to the TRC date. The delivery period will include the time required for pre-dispatch inspection of materials. However, if the material is not kept ready for inspection after intimation of the said quantity then all consequences will be to your account and Corporation will recover the actual expenses of to & fro traveling fares plus Rs.1000/- per day per employee. b) In order to avoid delay in Dispatch of the inspected lot materials for which the Dispatch instructions are received by you, the materials are to be Dispatched to respective consignees within 15 (Fifteen) days from the date of Dispatch instructions issued. If the materials are not Dispatched with in 15 (fifteen) days from the date of Dispatch instruction issued, then special penal charge shall be recovered at 1/2% per week (for actual delay in Dispatches), maximum up to 3% of the Dispatch instructions consignment value. This will be in addition to the Corporation's penalty clause No.8 of the A/T. All the inspection results for the inspected materials carried out at the first instance will be binding to you irrespective of passing the tests OR failure. If you re-offer the same materials for re-inspection then it will be solely at Corporation' discretion to accept the same or not. If the subsequent testing is to be carried out then all the expenses of the inspector and other expenses incurred by the Corporation will be to tenderers account. This will be binding on you.

10 Prices: The prices quoted by you in your tender for the supply of the above materials will be accepted on a Firm quotation basis for delivery F.O.R Destination. The prices should be inclusive of packing and forwarding charges.the total value of the contract will be as per details shown in the Schedule "A" 47. Performance Guarantee: You shall have to give 10 % of the contract value in the form of cash / D.D or way of Bank Guarantee covering the period of execution of contracts as well as guarantee period of supplied material irrespective whether bidder is having SSI/NSIC certificate or not. However, out of 10 % (1) % guarantee value i.e. Rs. 0 shall be in the form of cash / D.D or way of bank Guarantee covering the period of successful execution of contracts irrespective whether bidder is having SSI/NSIC certificate or not and (2) % of the of the contract value i.e. Rs. 0 in the form of cash / D.D. or way of bank Guarantee covering the guarantee period of supplied material irrespective whether bidder is having SSI/ NSIC certificate or not. The performance Guarantee towards warrantee (10 %) is for satisfactory performance of material for the ordered item shall have to furnished in the form of cash / D.D / or Bank Guarantee which should be valid for 36 MONTH from the date of commissioning OR 42 MONTH or as specified from the last date of delivery of supply whichever is earlier. However, in case of expiry of performance Guarantee before the said period the same should be got executed / renewed till the completion of said period at least one month before the expiry of the validity failing which GETCO will be at liberty to encase the same, without entering into further correspondence, formalities etc n the matter. NO STAGEWISE BANK GUARANTEES WILL BE ACCEPTABLE IN ANY CASE. This performance guarantee is for the due performance of contract and the same is liable to forfeiture by the Corporation in the event of your non - fulfillment of the terms and conditions of this contract. The performance guarantee covering the execution of the contract (%) will be returned only on successful execution of the contract and on receipt of the Bank Guarantee towards Warrantee, whereas the Bank Guarantee towards warranty (%) will be retained till completion of the Guarantee period. The performance guarantee must be invariably submitted within 30 (thirty) days from the date of order. Otherwise the order will be out rightly cancelled at your risk and cost. (at the discretion of the GETCO) and without entering into any correspondence and this will be binding on you. 48. Taxes: The prices as per your offer should be exclusive of Sales and General Tax against "C"/"C-1" form. The materials are required for consumption in Generation, Transmission and Distribution of electrical energy. If applicable, Form "C"/"C-1" will be issued at the time of payment of bills. You are requested to quote your sales tax registration number and date in all the bills. 49. Excise Duty: The Prices against this order should be exclusive of Excise % (12% + 3% Educational Cess). If, Exclusive, Excise duty will be paid on Ex. works, as applicable within the original contractual period. In both the cases (Inclusive/Exclusive) the documentary evidence for payment of Excise duty shall have to be furnished. However, you shall have to submit Chartered Accountants Certificate along with your last advance bill that Excise duty paid by you and claimed from GETCO has not been got refunded; nor refund claim is pending with excise department. Further, you shall have to furnish an undertaking to the Corporation that in the event, if any refund of excise duty, either in full or part is received by you in future in respect of the material supplied to the GETCO against A/T under reference, the same shall be passed on to the Corporation without formal claim to that effect from GETCO 50. MODVAT BENEFIT: In the event of any statutory increase in the rate of Modvat and / or due to inclusion of any other additional item of their inputs under the ambit of the Modvat Scheme, subsequent to the date of submission of the offer, the same should be passed on to the Corporation and you should inform such changes to the corporation from time to time. 51. Important: Any clarification / amendment necessary, in any or more clauses incorporated in the present tender, you will have to make a detailed reference to the Corporation latest within ten days from the receipt of this A/T without affecting the delivery schedule. If you fail to do so, no request for any clarification / amendment shall be considered thereafter. Please also note that all the points, which need clarification / amendment, should be brought out at once. No piecemeal clarification / amendment will be entertained. 52. Guarantee:

11 If the goods stores and equipment's are found defective due to bad design materials or workmanship the same should be repaired or replaced by you free of charge if reported within 42 MONTH of their receipt at site or 36 MONTH from the date of commissioning of equipment's whichever is earlier. You will be responsible for the proper performance of the equipment's for 42 MONTH after receipt of the stores by the consignee and for 36 MONTH after commissioning of equipment's whichever is earlier. 53. Exception: The following clauses given under our printed conditions of the tender are not applicable to this contract You have to acknowledge receipt of this A/T on your company's letterhead with in Seven days of receipt of the A/T. All the correspondence on Company's letterhead / paper on the subject should be addressed to the undersigned. Signature of Supplier Superintending Engineer (TR) With stamp. GETCO, TR Circle Mehsana. MEMORANDUM

12 12 a) General Description of Work: THE THE SUPPLY OF ISI STANDARD MAKE HOT & COLD WATER DISPENSER HAVING COOLING CAP. 3 LTR WITH STORAGE JAR & ATOMIZATION SYSTEM FOR VARIOUS SS UNDER TR-CIRCLE MEHSANA b). Estimated Cost: Rs: c) Earnest Money: Rs: 1 % OF ESTIMATED COST. d) Security Deposit: Rs: 5 % OF ESTIMATED COST (2 ½ % of the contract amount to be paid in Cash and balance 2 ½ % deducted from current work of first Two R.A. bills in Two equal installments.) e) Time allowed for the completion of work of eight month from date of written order to commence. Should this tender be accepted I/We hereby agree to abide by and fulfill all the terms and provisions of the conditions of contract annexed hereto as applicable and in default thereof forfeit and pay to the GETCO the sums of money mentioned in the same. Receipt No. Date from the Gujarat Energy Transmission Corporation Ltd in respect of the sum of Rs. (Rupees (the amount to be specified in figures and words) is herewith forwarded Representing the earnest money (the full value of which is to be absolutely forfeited to the GETCO should I/We not deposit the full amount of security deposit specified in above memorandum in accordance with clause- (d). Security Deposit of the said conditions / otherwise the said sum of Rs shall be refunded on surrendering the original receipt, in case of non-awardance of contact. Signature of the contractor Address of the contractor Dated day of year Signature of Witness Address of Witness Occupation Dated. day of year. The above tender is hereby accepted by me on behalf of the Gujarat Energy Transmission Corporation Ltd. Superintending Engineer (Tr.) or his duly authorized assistant.

13 13 GUJARAT ENERGY TRANSMISSION CORPORATION LTD INTEGRETY PACT OUR ENEAVOUR To create environment where business confidence is built through best business practices and is fostered in an atmosphere of trust and respect between provider of goods and services and their users for the ultimate benefit of society a the nation. GETCO COMMITMENT To maintain the highest ethical standards in business and professional. Ensure maximum transparency to the satisfaction of stockholder. To ensure to full fil the terms of agreement /contract and to consider objectively the viewpoint of parties. To ensure regular and timely release of payment on due dates for work done. To ensure that no improper demand is made by employees or by anyone on our behalf. To give maximum possible assistance to all the vendors / Suppliers / Service providers 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 complete of agreement / contract / work order. PARTY S COMMITMENT Not to bring pressure / recommendation outside GETCO to influence its decision. Not to use intimidation, threat, inducement or pressure of any kind on GETCO or any of it s employees under any circumstances. To be prompt and reasonable in fulfilling the contract, agreement, legal obligation. To provide good s and / or services timely as per agreed quality and specifications at minimum cost of GETCO. To abide by the general discipline to be maintained in our dealings. To be true and honest in furnishing information including payment to agent / sub- agent. Not to divulge any information, business details available during the course of business relationship to other without the written consent of GETCO. Not to enter into carter / syndicate / understanding whether formal / non-formal so as to influence the price. Superintending Engineer (TR) Mehsana Seal & Signature ( Party s Authorized Person )

14 14 GENERAL TERMS AND CONDITION Sub: THE SUPPLY OF ISI STANDARD MAKE HOT & COLD WATER DISPENSER HAVING COOLING CAP. 3 LTR WITH STORAGE JAR & ATOMIZATION SYSTEM FOR VARIOUS SS UNDER TR-CIRCLE MEHSANA. [1] The offer will not be considered if Rs. 1190/- is not paid against EMD and tender fee Rs. 120/- by Cash/ Crossed D.D. in favour of GETCO payable at - or in cash along with your offer, which may please be noted. 10 % Security deposit should be paid by the party to whom PO will be placed & it will be released only after completion of guarantee period & satisfactory performance of relays. [2] The rates should be quoted excluding taxes if any. The rates of taxes, if any, should be specified separately and clearly as C form will be issued by us wherever applicable. [3] The materials are required urgently preferably from ready stock (30 days) Hence, the delivery period should be kept minimum. Increase, the materials are not delivered in time 0.50 % per week subject to a maximum of 10 % for the particular assignment will be recovered. [4] The materials offered should be as per specification only and should pass through requisite tests from recognized laboratory. [5] The rates quoted should be inclusive of packing and forwarding charges i.e. F.O.R. destination. [6] The general Terms & Conditions of GETCO will be applicable for supply of the above materials and binding of the supplier. [7] 100 % payment will be made on receipt of the materials except SD. [8) The materials will have to be insured by you with your underwriter. The premium for the same will be reimbursed to you on proof of payment of premium to cover the risk due to damage during transit etc., [9] The offer should be valid for 180 days from the date of opening of the above tender. [`10] The technical specification/ drawing etc. should be submitted along with your technical bids. [11] The rate should be quoted for specific brand & authorization certificate for the distribution ship should be submitted with the officer. [112] Warrantee/ Guarantee should be mentioned with the officer. The defective goods should be replaced by the supplier within Warrantee / Guarantee period. SD will be refunded only after completion of Warrantee /Guarantee period. [13] The test certificate should be submitted along with the goods. [14] The Technical. / Price bids should be submitted separately. The price bids of qualified bidders in technical bids should only be opened & considered. [15] Raw M.S. materials should be as per relevant IS & should be got approved before use by the competent authority of the GETCO. Signature of Supplier Superintending Engineer (TR) With stamp. GETCO, TR Circle Mehsana.

15 15 GUJARAT ENERGY TRANSMISSION CORPORATION LTD Circle office, Visnagar Road, Mehsana PRICE BID SCHEDULE A THE SUPPLY OF ISI STANDARD MAKE HOT & COLD WATER DISPENSER HAVING COOL- ING CAP. 3 LTR WITH STORAGE JAR & ATOMIZATION SYSTEM FOR VARIOUS SS UNDER TR-CIRCLE MEHSANA SR. NO. ITEM QTY UNIT RATE RS. 1 THE SUPPLY OF ISI STANDARD MAKE HOT & COLD WATER DISPENSER HAVING COOL- ING CAP. 3 LTR WITH STORAGE JAR & AT- OMIZATION SYSTEM FOR VARIOUS SS UN- DER TR-CIRCLE MEHSANA 14 No AMOUNT RS. SUB TOTAL RS. 5% TOTAL RS. (Nots: Service tax shall be re-reimbursed on production of proof of such payments made by the contractor to the appropriate Govt. department.) SIGNATURE &SEAL OF CONTRACTOR. Superintending Engineer (TR) GETCO, Circle, Mehsana NOTES : The materials offered should be as per specification only and should pass through requisite tests from recognized laboratory. The rates is inclusive of packing and forwarding charges i.e. F.O.R. destination. Warrantee/ Guarantee should be submitted with the material supply the defective goods should be replaced by the supplier within Warrantee / Guarantee period. SD will be refunded only after completion of Warrantee /Guarantee period. The test certificate should be submitted along with the goods.