Tender Fees Payable (Non-Refundable) Rs 10, Item Wise Estimated Cost of Tender

Transcription

1 ISO 9001:2008 Certified DAKSHIN GUJARAT VIJ COMPANY LIMITED CIN U40102GJ2003SGC Regd. & Corporate Office: Urja Sadan, Nana Varachha Road, Kapodara Char Rasta, SURAT Telephone: (0261) /52, Fax: (0261) Website: Tender Notice No: DGVCL/SP/ 12003/1 Ph SMC Meter Box Sub: Tender the supply of 1 Ph SMC Meter Box of Size (250mm X 220mm X 135mm) ACE (P), DGVCL invites on line Tenders for the supply of 1 Ph SMC Meter Box of Size (250mm X 220mm X 135mm). Tender Papers & Specifications may be down loaded from web site (For view, down load and on line submission), (For view & down load). Tender fee may be paid along with submission of tender in EMD cover, for tender. All the relevant documents of tender to be submitted physically will be received only by Registered Post A.D. or Speed Post addressed to The Additional Chief Engineer (P), DAKSHIN GUJARAT VIJ COMPANY LTD., Urja Sadan Corporate Office, Nana Varachha Road, Kapodara, Surat NO COURIER SERVICE OR HAND DELIVERY will be allowed. All bidders, in respect of tender items must have vendor registration with the GUVNL or its subsidiary companies viz. DGVCL/ MGVCL/ UGVCL/ PGVCL/ GETCO/GSECL prior to the date of opening of technical bid of the tender. However, if the bidder is not having valid vendor registration and has applied for new vendor registration or renewal of the same, the self attested photocopy of money receipt for payment of vendor registration charges must be submitted along with the physical bid. Such bidders must have to produce valid vendor registration certificate before opening of price bid otherwise their bid will be rejected and their price bids will not be opened. BRIEF DETAILS REGARDING TENDER IS AS UNDER: Tender No. DGVCL/SP/ 12003/1 Ph SMC Meter Box Tender Fees Payable (Non-Refundable) Rs 10, Ph SMC Meter Box of Size (250mm X 220mm X 135mm) Last Date for On Line Submission Item Wise Estimated Cost of Tender Size: (250mm X 220mm X 135mm) up to 17.00Hrs Last Date of receipt of physical tender by Regd./ Speed Post at Corporate Office, Surat up to 17.00Hrs Scheduled date of opening of On Line Technical Bid at Hrs. Tentative Date of Opening of On line Price Bids of tech. qualified bidders. ^^ at 11.00Hrs Item EMD amount to be paid in Rs. EMD 1 Ph SMC Meter Box of Size For MSME Units For Non-MSME Units Size (250mm X 220mm X 135mm) 2,00, ,00, DGVCL/SP12003/1 Ph SMC Meter Box /Document page 1/22

2 Item Minimum offer quantity by For Non-MSME Tender 1 Ph SMC Meter Box of Size For MSME Units Units Quantity Size (250mm X Nos nos Nos. 220mm X 135mm) Note: ^^ Bidders shall submit Price Bid On-Line only and not in physical form. * MSME-Medium, small & Micro Enterprises. Tender fee/emd will be accepted in form of CTS Demand draft drawn on any Scheduled / Nationalized Bank situated at Surat drawn in favor of Dakshin Gujarat Vij Company Ltd. (Cheques are not accepted). Tender submitted with DD other than CTS will not be considered and offer will be rejected. Tenders submitted without tender fee will not be accepted. No exemption from payment of tender fees and no price preference shall be given to any bidder. Earnest Money Deposit is to be paid as per Cl.No.7 & 11 (Modified as per Clause no.3 of Note to Schedule-A) of commercial terms and conditions. Earnest Money Deposit is to be paid as per Cl.No.11 (Modified as per Clause no.3 of Note to Schedule-A Sr. No 6 Part II, schedule-a) of commercial terms and conditions. (A) Bank Guarantees issued by following banks will be accepted as Performance Guarantee (PG) for Supply Period & Performance Guarantee (PG) for Warrantee Period/EMD on permanent. 1. All Nationalized Banks including the Public Sector Bank - IDBI bank Ltd. 2. Private sector banks - Axis Bank; ICICI bank and HDFC bank (B) Guarantees issued by following Banks will be accepted as SD/EMD for period up to March 31, The validity cut-off date in GR is with respect to date of issue of Bank Guarantees irrespective of date of termination of BG. 1. Kotak Mahindra Bank 2. RBL (The Ratnakar Bank Ltd.) 3. IndusInd Bank 4. Karur Vysya Bank 5. DCB Bank 6. FEDERAL Bank 7. SOUTH INDIAN Bank 8. The Kalupur Commercial Co-operative Bank Ltd. 9. Rajkot Nagrik Sahakari Bank Ltd. 10. The Mehsana Urban Co-operative Bank Ltd. 11. Nutan Nagarik Sahakari Bank Ltd. 12. Dena Gujarat Gramin Bank Ltd. 13. Saurashtra Gramin Bank 14. The Ahmedabad Mercantile Co-Op. Bank Ltd. 15. Baroda Gujarat Gramin Bank Bank other than above banks will not be accepted. Cheques are not acceptable. Corporate Guarantees not allowed. DGVCL/SP12003/1 Ph SMC Meter Box /Document page 2/22

3 The exemption in payment of EMD shall be given to the Micro and Small Scale Industrial (Manufacturing) Units registered under small scale industries of Govt. of Gujarat and holding subsequent registration with CSPO/NSIC/DGS&D registration certificates for the item under tender subject to furnishing of the authenticated notary certified copies of the above certificates. The Certificates should indicate the manufacture of items offered. In case of Udyog Aadhar Memorandum, it should indicate the manufacture of related group of item. Also take note that, if the EMD be paid by way of Bank Guarantee, the validity of Bank Guarantee must be for 6 Months from the date of submission of the bid for this tender. This is mandatory The Copy of valid Bureau of Indian Standard (BIS) license Or copy of application of renewal (applied before expiry of license) of such license along with photo copy of license (expired) and copy of money receipt / acknowledge of BIS, if license expired at the time of bidding, duly notarized. This is mandatory wherever applicable as per technical specification / requirement of tender documents. No relaxation shall be given to the bidders having valid SSI/NSIC certificate of Outside Gujarat State. No relaxation shall be given to the bidders having only one registration number from Government of Gujarat but no subsequent registration with CSPO/NSIC/DGS&D registration certificates for the item under tender. Provisional Registration Certificates are NOT allowed. DD for payment of tender fee & EMD must be placed in the cover super scribing Tender fee & EMD along with requisite documents as mentioned in the EMD condition. (EMD and Tender Fee cover should be kept as separate enclosure & should be submitted with Technical Bid.) The physical tender document is to be submitted in two parts in single copy namely Technical bid & Commercial bid including commercial terms & conditions with all enclosures of the tender documents super scribing the respective covers accordingly along with the tender number. lf the EMD amount is more than Rs.1 Lac, it should be paid either by CTS Demand Draft or Banker s Cheque or Bank Guarantee. Otherwise it should be paid either in cash (up to Rs. 20,000/- only) at the office address specified in the tender document or by CTS Demand Draft or Bankers Cheque only. The validity of the Bank Guarantee for EMD should be for a period of at least Six Months from the date of submission of the Bid of the Tender. Bidders shall submit Annexure-13 & Price Bid On-Line only and not in physical form. Bidders are requested to submit details of Annexure 13 in on line in technical stage and this is mandatory. If bidder does not provide the details of prices in case of nonconfirmation Part-A and /or non-acceptance of Part C of Annexure 13, Bid shall be DGVCL/SP12003/1 Ph SMC Meter Box /Document page 3/22

4 rejected out rightly, despite the bidder is technically qualified & in such case price bid shall not be opened. No further correspondence in this regard will be entertained. CTS DD for payment of tender fee& EMD Demand Draft/ BG must be placed in the cover super scribing Tender fee & EMD of TENDER No. DGVCL/SP/12003/ 1 Ph SMC Meter Box along with requisite documents as mentioned in the EMD condition. 1 TECHNICAL AND COMMERCIAL BID: The technical and commercial bid shall comprise of all the technical details of the equipment s/stores/materials offered in accordance with the Company s specifications/ drawings, Guaranteed Technical Particulars and all the Annexure 1 to 14 in chronological order. The Technical Bids of those bidders whose physical submission for Tender Fee & EMD, samples etc. are fulfilled, shall be opened on line at 11:00 hrs. (11:00 AM.) on date or next day as feasible. The name of vendors whose bids are opened shall be put up on line same day. a. If any deviation is found in Data/Documents/Details or submission made in physical and On Line mode, the Data/Documents/Details of online mode will be considered as final. b. It is mandatory for all bidders to submit complete tender documents in both forms i.e. Physical mode & On Line mode in stipulated time. If tender documents submitted in only one form say physical or only online mode the tender will be rejected outright. 2 PRICE BID: The Price Bid must be submitted strictly as per Schedule B. The time and date of opening of the Price Bid is tentative & any change shall be put up on website. The TECHNICAL and PRICE Bids shall contain adequate cross-reference wherever necessary to ensure clear and proper co-relation of the two bids without ambiguities whatsoever. Price Bid is to be submitted On Line only. Any technical questions, information and clarifications that may be required pertaining to this enquiry should be referred to the ACE (P), DGVCL, Urja Sadan, Corporate Office, Nana Varachha Road, Kapodara, Surat. DGVCL reserves the right to reject any OR all tenders without assigning any reasons thereof. 3 The following documents only are to be submitted in physical form:- [A] Tender fee and EMD cover: - Tender fee, EMD, Vendor Registration document & List of orders executed. [B] Technical & Commercial Bid cover: - (i) Annexure 1 to 14 in chronological order only. (ii) Guaranteed Technical Particulars& Drawings. (iii) Notarized/Attested abridged balance sheet for last 3 years. (iv) Certified copies of relevant & valid Type Test certificate with detailed list of Type Test submission, ISO certificate, Factory License, Performance report from clients. DGVCL/SP12003/1 Ph SMC Meter Box /Document page 4/22

5 (v) Schedule A; Un priced Schedule-B & notes to Schedule - A The bid received with irrelevant Type Test certificates (other than those called for in the technical specification) shall be liable for outright rejection under non conformity to tender stipulation. DGVCL reserves the right to reject any OR all tenders without assigning any reasons thereof. For and on Behalf of DGVCL (S. C. Patel) Addl.Chief Engineer (P) Downloading of Tender Documents in (PDF Format). For downloading of Tender please click on: Part -I Part-II Part-III Part-IV Commercial Terms & Conditions. Schedule A, Schedule B & important notes Technical Specifications & GTP Integrity Pact. To view the PDF file please use Acrobat Reader software which can be downloaded from Adobe website NOTE: [n-procure clarification] In case bidder needs any clarification or if training required for participating in online tender, they can contact the following office: (n) Procure Cell (n) code solutions-a division of GNFC Ltd., 403, GNFC Info tower, S.G. Road, Bodakdev Ahmedabad ( Gujarat ) Toll Free: ( Ext. 501, 512,516, 517, 525 ) Phone No / 316 / 317 Fax: / ; nprocure@gnfc.net DGVCL/SP12003/1 Ph SMC Meter Box /Document page 5/22

6 PART II SCHEDULE A 1 Tender No. DGVCL/SP/12003/ 1 Ph SMC Meter Box 2 Description of Item 3 Tender quantity 3,14,381 Nos. 4 Cost of Tender Document (Non Refundable) 1 Ph SMC Meter Box of Size (250mm X 220mm X 135mm) Rs.10, Consignee RSO at Navsari / Bharuch /Any Store of DGVCL 6 EMD 7 Minimum Quantity EMD AMOUNT TO BE PAID IN RS. For MSME* Units Item: 1 Ph SMC Meter Box of Size (250mm X 220mm X 135mm) For Non MSME* Units 2.00 Lacs 3.00 Lacs Minimum Quantity To Be Offer in Nos For Item MSME* Units 1 Ph SMC Meter Box of Size (250mm X 220mm X 135mm) For Non MSME* Units Nos Nos Last Date for On Line up to 17.00Hrs Submission Last Date of receipt of tender by Regd/ Speed Post up to 17.00Hrs at Corporate Office, Surat. Scheduled date of opening at Hrs. of On Line Technical Bid Tentative Date of Opening of On line Price Bids of at 11.00Hrs tech. qualified bidders. Details of Tender Fee/Earnest Money Deposit paid by the Tenderer: CTS Demand Draft No. dated On Bank for Tender Fee Rs CTS Demand Draft / BG No. dated Drawn on Bank for EMD of Rs. Firm s Sales Tax Registration No. Dated Firm s Central Sales Tax Registration [TIN No.] No. Dated DGVCL/SP12003/1 Ph SMC Meter Box /Document page 6/22

7 NOTE TO SCHEDULE A Following important points pertaining to tender may be noted. 1. Delivery Period: - The delivery of the materials against this tender shall be completed within Seven (7) Months on equal monthly basis. However, delivery period shall be reckoned after 30 Days (One month) commencement period from the date of receipt of the LOA (Letter of Acceptance) and as per the last para of clause no. 25 Delivery Schedule of DGVCL of tendered commercial Terms & Conditions. However, early delivery will be acceptable, if required by DGVCL. If the quantity offered by the tenderer is reduced while placing the order, in that case delivery period quoted by the tenderer will also be reduced proportionately as per requirement of DGVCL. The successful bidder/s has to submit (i) the Bank Guarantee/Cash/DD towards execution of contracts (supply Period) & (ii) Execute agreement, within 30 days from the date of receipt of LOA. Further, before commencing the supply, the formalities related to getting an approval of Drawing, Type test and Proto sample etc. if applicable shall have to be completed. 2. Guarantee: - The guarantee shall be applicable as per Clause No.46 of the Commercial Terms & Conditions. If the goods, stores and equipments found defective due to bad design or 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 / materials for the respective guarantee period. 3. Guarantee EMD Cover Must Contain the Following: [3.1] Details and document as per clause no. 11 (commercial term & conditions) of the tender for EMD requirements. Clause no.11 of Commercial Terms and Conditions is modified as under. Earnest Money Deposit is to be paid as per PART II SCHEDULE A, SR No-6 The Micro and Small Scale Industrial (manufacturing) units registered under small scale industries of Govt. of Gujarat and holding subsequent registration with CSPO/NSIC/DGS&D registration certificates for the item under tender will be eligible for exemption from payment of EMD on submission of attested copies of their SSI (SSI/MSME Part-II) & CSPO/NSIC/DGS&D registration certificates in EMD cover. No benefit of exemption will not be admissible if they take part in the tender indirectly either through their dealer, agents, distributors or other intermediators. Other text matter of Clause no.11 of Commercial Terms and Conditions remains unaltered. Clause no.7 of commercial terms & conditions of tender is modified as under: EMD amount for MSME & Non MSME units is based on Estimated cost of individual items in tender please refer the table namely BRIEF DETAILS REGARDING TENDER. If EMD Paid less than above mentioned amount will not be consider for qualification. DGVCL/SP12003/1 Ph SMC Meter Box /Document page 7/22

8 [3.2] All bidders, in respect of tender items must have vendor registration with the GUVNL or its subsidiary companies viz. DGVCL/ MGVCL/ UGVCL/ PGVCL/ GETCO/GSECL prior to the date of opening of technical bid of the tender. However, if the new Vendor, who has submitted their application for Vendor Registration with all required fees and all the requisite documents prior to the date of publication of Tender in the Newspaper shall be allowed to participate in the Tender, subject to the condition that they should submit Vendor Registration Certificate before opening of price Bid. If the firm fails to submit the Vendor Registration Certificate before opening of Price Bid, their Technical Bid shall be rejected and price Bid shall not be opened. However, the process of tender shall not be delayed by the Company merely because of vendor application of a bidder is in process. The participating bidder must enclose copy of Receipt of the fees paid towards Vendor Registration along with the Tender Fees / EMD payment receipt. [3.3] List of Orders executed of tender item / higher rating or size of tender item in last three (3) years including supplies made to GUVNL (Formerly GEB) or their subsidiary companies viz. MGVCL/DGVCL/UGVCL/PGVCL/GETCO/ GSECL. Please attach Order copies. In absence of the above [3.1] & [3.2], technical bid will not be opened. However, [3.3] above is require to decide the performance / status of bidder for the tender item otherwise / in absence of the same bidder will be considered as new supplier (at DGVCL Discretion) or as decided by DGVCL and it will be binding to the bidder. The bidder who is regular supplier in GUVNL or their any subsidiary company in respect of higher size/s of tender item which is / are manufactured / confirmed to the same IS of tender item will be considered as regular supplier for the tender item/s. E.M.D. will be forfeited (i) if the tender, which it covers, is withdrawn during the validity of the offer and / or (ii) the Tenderer fails to furnish / deposit the Performance Guarantee towards Execution Period (security deposit) a) EMD of the unsuccessful Tenderer if paid in Cash / Demand Draft / Banker s Cheque will be returned within 15 days from the date of placing of the order to the successful Tenderer through RTGS / NEFT for credit to his Bank Account. The Bidder shall have to give details of his Bank Account with a Cheque duly cancelled. No claim for refund of EMD against original Money Receipt shall be entertained by the Company. The Bank Guarantee of the unsuccessful Tenderer towards EMD shall be returned within 15 days from the date of placing of the order to the successful Tenderer. However, the EMD Amount / Bank Guarantee of technically disqualified bidder will be returned within 15 days from opening of price bids. The details of refund of EMD by RTGS with transaction No. should be informed to respective bidder by letter/ etc b) EMD will be returned to the successful Bidders, only on their submission of Performance Guarantee towards execution period (i.e. Security Deposit) against order released on them. DGVCL/SP12003/1 Ph SMC Meter Box /Document page 8/22

9 4. In clause no. 2 Vendor Registration Registration charges and re-registration charges for regular suppliers and new suppliers is to be considered as under: 4.1 In clause no. 2(commercial term & conditions) Vendor Registration Registration charges and re-registration charges for regular suppliers and new suppliers is to be considered as under: (a) Rs.15,000/- for Micro and Small Industries within Gujarat State (b) Rs.25,000/- for Other Category of Industries within Gujarat State (c) Rs.50,000/- for Micro and Small Industries within India but out of Gujarat State (d) Rs. 75,000/- for Other Category of Industries within India but out of Gujarat State (e) $5,000 USD. for factory out of Country For Re-Registration of already registered Vendor, the Vendor has to pay 50% of the vendor Registration fees towards registration charges, provided the Vendor has successfully executed Purchase order in GUVNL or its any subsidiary Companies within two years before the date of expiry of existing vendor registration, as otherwise, it will be as per regular Registration charges. Existing Vendor should apply for re-registration at least two months before the date of expiry of their existing registration. if, firm has not applied for re-registration before two months from the date of expiry of their existing registration but applied prior to the date of publication of Tender in the Newspaper, in such case the Company reserves the right to consider or not to consider their bid at its sole discretion. However, the price Bid of such Vendor will be opened provided the firm is Registered Vendor on the date of opening of price Bid. 4.2 Also sub clause no.2(c)( iii) (commercial term & conditions) of this clause is modified as under: ln case of change in the name or ownership or control of the Firm of the Registered Vendor, having valid vendor registration, such Firm shall inform in writin8 along with supporting documents within 90 days of such change. The Firm shall have to confirm that there is neither change in the infrastructure facilities nor in the products / items and that change is only in the name / ownership / control of the Firm. In such a case, the Firm shall have to submit application and relevant documents towards the proof that such change is lawful/ legitimate along with the documents as per Annexure lll. to the Company, who had granted Vendor Registration for registering change of name / ownership / control of the existing registered vendor. If, firm fails to inform such changes to respective Company within 90 days, in such case, the firm will not be considered as registered vendor. ln case of Amalgamation of companies, order from the Court is to be followed. While, in case of Merger & Acquisition, legal procedures to be followed as per Company's Act. 4.3 Also sub clause no.2(c) (vii) (commercial term & conditions) of this clause is modified & read as clause 3.2 of this Note to Schedule-A. Other terms of the Clause no.2 (commercial term & conditions) shall remain unchanged. DGVCL/SP12003/1 Ph SMC Meter Box /Document page 9/22

10 5. Formation of cartel: lf, the Company during the procurement process, observes or suspects any activity on the part of bidders or obtains any knowledge which indicates the existence of cartel formation amongst the bidders or apprehends the possibilities of cartel as defined under The Competition Act, 2002, the Board of the Company being a government Company Involved in public procurement work, reserve all rights to allot quantities to such bidders, who are not part of the cartel, in any manner deemed fit in the interest of the company without assigning any reason thereof. Besides the above the purchaser Company, may initiate actions under the competition Act/ other laws and /or the bidder(s)/ firm(s) will be black listed/stop deal, at its sole discretion. In case Tenderer / Purchaser finds that there is an attempt of cartel in the prices, Tenderer / Purchaser reserves the right to consider or reject any or all the parties offer without assigning any reason thereof. 6. The quantity to be purchased will be decided by DGVCL. The DGVCL reserve the right to reduce/enhance the tender quantity as per their requirement at the time of finalization of the tender. 7. Clause no. 78 of Commercial Terms and Conditions is modified as under: The Tenderer must have to offer for minimum quantity of tendered items and also have to accept DGVCL delivery conditions given in the tender. The Bidder, who submits their bid for a minimum quantity, as specified below, for which the firm participated, shall only be considered for price evaluation for particular item. Sr. No. Item Minimum quantity to be offered by For MSME For Non MSME bidders bidders 1 1 Ph SMC Meter Box of Size (250mm X 220mm X 135mm) Nos Nos. For getting benefit of above relaxation, bidders [ i.e. Micro, Small Scale industries (SSI) & Medium Enterprise Bidders only] shall have to submit Notarized copy of either certificate/acknowledgement of entrepreneur memorandum of SSI unit or valid NSIC certificate indicating MICRO AND SSI category of the firm. The certificate should also indicate the manufacture of items offered. This certificate is to be submitted physical form seal cover in EMD Cover Documents. Bidders [ i.e. Micro, Small Scale industries (SSI) & Medium Enterprise Bidders only] are also requested to note that in the absence of above mentioned documents, no relaxation will be given for minimum tender quantity criteria and offer will be rejected out rightly without any correspondence. Other condition of the clause 78 of Commercial Terms & condition of tender remains unchanged. If the tenderer quotes for less than the minimum tendering quantity for each items quoting item as will be applicable as above and/or given a delivery schedule which is longer than what is stipulated in the tender then the offer will not be considered for evaluations and offer will be ignored out rightly without any communication in the matter and any further requests after opening of the tender will also be ignored. DGVCL/SP12003/1 Ph SMC Meter Box /Document page 10/22

11 8. Negotiation and Price matching 8.1 If the Company feels that there is lack of serious competition, or any other valid reasons, the Company may negotiate with the L-1 New and Lowest Regular Categories. 8.2 lf more than one firm is to be considered for placement of order, then New Supplier has to match price with L-1 Supplier and Regular Supplier has to match with L-1 Regular Supplier, as the case may be, who is technically acceptable 8.3 The firm, who has submitted their consent for price matching Regular/New L-1 bidder, as the case may be, for allotted quantity shall only be considered for placement of order. The consent for price matching with reduction in quantity shall not be considered for placement of order. 8.4 If an order under execution by a firm placed by the Company and in the meanwhile Tender is invited for the same item by same company or by the other Company on behalf of them, and the rates received /negotiated in this subsequent Tender from same firm are lower than the rates at which the current order is placed, then lower rates shall apply for the balance quantity of the order under execution, subject to the condition that the technical speciation remain unchanged and the delivery schedule of the order is already completed 9. Clause no. 6 of Commercial Terms and Conditions is modified as under: 9.1 Reservation for Gujarat based parties :- a. As per existing practice, not less than 50% of the quantity to be purchased may be given to parties, who propose to supply such materials from their manufacturing Units in Gujarat, subject to the condition that such Gujarat based parties shall match L 1 price, (if they themselves are not L 1). If they are L 1, even 100% quantity may be given at the option of the concerned Company and subject to their Financial and Technical capability to supply the materials as per the required Delivery Schedule. b. The benefit of Gujarat based reservation is applicable where the Quoted Unit End Cost without Tax of Gujarat based bidder is not higher than 15% of the quoted Unit End Cost without Tax of L- 1 New / Regular bidder, as the case may be. If difference is higher than 15%, then reservation benefit of Gujarat based parties may not be applied. 9.2 The quantity distribution to New Parties : For Non Critical items: a. The quantity distribution to each New-1 supplier will be restricted up to 30% of the quantity requirement of the particular item provided that the price quoted by the New 1 Supplier is lower than that quoted by the lowest Regular Supplier. b. The quantity distribution to each New -2 Supplier will be limited to 40% of the quantity requirement of particular item, provided that the price quoted by the New 2 Supplier is lower than that quoted by the lowest Regular Supplier. DGVCL/SP12003/1 Ph SMC Meter Box /Document page 11/22

12 c. The total quantity to be allotted to New Supplier (New-1 & 2) should be limited up to 50%(giving more weightage to New-2) of the quantity requirement of particular item and distributed amongst new suppliers considering above causes, subject to price matching with L-1 bidder and price of all new suppliers should be lower than that of lowest regular supplier and balance quantity to regular supplier. d. The New Supplier is to be asked to match the L 1 price of the New Supplier only and the Regular Supplier has to match the L 1 price of the Regular Supplier. e. In case of cables, Conductor and conveyer belts New supplier shall be allotted up to 10% (New-1) /25% (New-2) of tender quantity or minimum Drum Lenth, whichever is higher. 9.3 In case, if there is no Regular Supplier or if the rate quoted by Regular Suppliers is very high or the quantities quoted / accepted by Regular Suppliers is lower than requirement, the above conditions may be suitably relaxed by the concerned Competent Authority for acceptance of Tender as per DOP / Purchase Committee / Board. However, reasons for granting such relaxation shall be appropriately recorded. 9.4 In normal case, quantity allotted to successful bidders shall be restricted up to their offered quantity. However, if quantity accepted by successful bidders is less than the requirement of the Company, in such case, more quantity than what they offered, may be allotted to L-1, L-2 and so on, if bidder consented. 9.5 Company would not place order on more that 50% of the total parties who are bidding for the order. L-1 regular party however will get heavy weightage in order placement. However, in case, the quantities offered / accepted by 50% of total successful parties do not fulfill the requirement of the Company, then the Company may relax the above criteria at their discretion. Other terms of the Clause no.6 shall remain unchanged. 10. Clause no. 12 SECURITY DEPOSIT of Commercial Terms and conditions is not applicable to this tender. 11. Clause no. 19 SALES TAX of Commercial Terms and conditions. Please read VAT in place of GST (Gujarat Sales Tax). 12. Clause no. 23: A Payment term of the Commercial Terms and Conditions is modified as under. Payment shall be made by DGVCL, for the materials supplied as per DGVCL s standard payment terms and conditions i.e. 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 30 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 AO (Bills) Corporate Office, DGVCL, Surat, 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 DGVCL/SP12003/1 Ph SMC Meter Box /Document page 12/22

13 of goods in correct order and in good condition at site duly inspected and certified in Store Receipt Note by the consignee. The balance payment will be made within 45 days from the date of receipt of materials at site. The TRC/documents should be sent to AO (Bills) Corporate Office, Dakshin Gujarat Vij Company Ltd., Nana Varachha Road, Kapodara, Near Gajjar Petrol Pump, SURAT. Alternatively, DGVCL may make payment through 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% and / or 20% of Ex-Works price including 100% of F&I, Taxes & duties, payment shall be made against TRC / RRC and S.R. Notes (in case of 20% payment). In case of payment through SIDBI / ICICI, necessary stamp charges and interest charge shall be borne by DGVCL. Other charges, if any shall have to be borne by the supplier. Tenderer, while quoting need specifically agree to receive payment under any of the aforesaid alternative at the option of DGVCL. The tenderer shall invariably instruct their Bankers to accept lesser amount than IBC amount (Bank Advice amount) in case Cheque amount differs from claimed amount / IBC amount supported with deduction memo. In case if, you want payment through Bank: You shall have to furnish (I) Indemnity Bond for the A/T, (ii) Power of Attorney in prescribed format (which is incorporated in Tender General Terms & Conditions) duly registered with DGVCL for individual Bank and a request letter for discounted bills to issue Cheque in favour of your Bank A/c. M/s (All these three documents should be as per DGVCL format only and should be duly NOTARIZED). While extending the above facility, DGVCL 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. DGVCL 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 the supplier 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 be furnished by the supplier as per prescribed format, which may be obtained from the office. The costs of all stamp paper charges are to be borne by you. 13. Clause no. 47 PERFORMANCE GUARANTEE (PG) of Commercial Terms and conditions is not applicable to this tender. 14. Performance Guarantee (PG) for (i) Supply Period & (ii) Warrantee Period: (Applicable to This Tender In Place Of Clause No. 12 & 47 of Commercial Terms and conditions) DGVCL/SP12003/1 Ph SMC Meter Box /Document page 13/22

14 14.1 Performance Guarantee shall be paid by all the Bidders irrespective of whether they are SSI Unit or exempted by NSIC The Supplier shall submit the Performance Bank Guarantee to cover execution period by DD / Bank Guarantee within 15 days from the date of issue of Letter of Acceptance The successful bidder has to give Bank Guarantee with validity period of additional 01 (One) month i.e. more than actual Guarantee / warrantee period to safeguard Company's interest in case any eventuality happening on the last day of the Guarantee / warranty period after, office hours of the Bank or Bank holidays The Performance Bank guarantee to cover guarantee / warrantee period is required to be submitted before the date of completion of last supply. And should be valid till the completion of guarantee period to be reckoned from the date of last supply Performance Bank guarantee for above said tender item are as under: 10% of the contract value in the form of CTS Demand draft/bank guarantees to cover Execution period. 05% of the contract value in the form of CTS Demand draft/bank guarantees to cover the Guarantee/Warrantee period. FOR GUJARAT BASED BIDDERS ONLY 14.6 The Micro and Small scale industrial (manufacturing) units registered under small scale industries of Gujarat state. And holding subsequent registration with CSPO/NSIC/DGS&D registration certificates for the item under tender shall submit Performance Bank Guarantee as under on submission of attested copies of their SSI (SSI/MSME-Part-II) & CSPO/NSIC/DGS&D registration certificates. Wherever the rate of Performance Guarantee (PG) of 5% is stipulated, in the purchase policy the same be considered at 3% for Micro and Small Scale industrial (Manufacturing) units of Gujarat State. While for other it is 5%. Wherever the rate of Performance Guarantee (PG) of 10% is stipulated, in the purchase policy the same be considered at 4% for Micro and Small Scale industrial (Manufacturing) units of Gujarat State. While for other it is 10% Micro and small Scale Industrial (manufacturing) Unit registered under small Scale Industries under Gujarat State and holding subsequent registration with CSPO/NSIC/DGS&D registration certificates for the item under Tender shall be submit Security Deposit and Performance Bank Guarantee as under on submission of attested copies of their SSI (SSI/MSME Part-II) & CSPO/NSIC/DGS&D registration certificates. This benefit of exemption will not be admissible if they take part in the tender indirectly either through their dealers, agent, distributors or other intermediators Small, Cottage & tiny Industries will, however, be considered subject to furnishing of the authenticated notary certified copy of the certificate of Registration from Government of Gujarat along with the tender. The certificate should indicate the manufacture of items offered under this tender. Provisional Registration Certificates are NOT allowed. DGVCL/SP12003/1 Ph SMC Meter Box /Document page 14/22

15 The above relaxation in payment of Performance Guarantee (PG) for Supply Period & Performance Guarantee (PG) for Warrantee Period shall be given to the small, cottage & Tiny industrial Units registered under small scale industries of Govt. of Gujarat or applicable valid acknowledgement of memorandum filed by Small, cottage and tiny industrial units with the District Industrial Centre (DIC) of Gujarat State and holding subsequent registration with CSPO/NSIC/DGS&D registration certificates for the item under tender. No relaxation shall be given to the bidders having only one registration numbers from Government of Gujarat but no subsequent registration with CSPO/NSIC/DGS&D registration certificates for the item under tender or vice versa. No exemption as well as relaxation shall be given to outside Gujarat based parties. 15. PRICE VARIATION CLAUSE: Tender is invited on Price Variation basis for delivery FOR destination. As the tender is invited on Price Variation Basis, read in the first line of clause no. 10, PRICE as Variable instead of Firm. The prices will be on price variation basis for Delivery F.O.R. Destination. The Clause is not applicable for this Tender. 16. In case due to any technical snag at bidders end or at service providers for e- tendering, the bidder could not submit their on line tender in prescribed time limit, DGVCL is not held responsible for the same and in that case DGVCL will not entertained any request / representation. 17. Agreement between Successful Bidder and the Purchaser: The successful bidder has to execute agreement on Non judicial Stamp paper of Rs. 100/- duly notarized as per agreement document uploaded herewith within 10 days after the payment of amount/bank Guarantee towards execution of contracts (Supply Period) and overall within one month (30 days) from receipt of Letter of Acceptance (LOA) as mentioned in Cl. No.14 above. The cost of Non judicial stamp & Notary charges will be borne by the successful bidder. The agreement shall be executed between ACE (P) & the authorized representative of successful bidder as mentioned hereunder. 1. If the authorized representative is from a partnership firm, then a certified copy of the registered partnership deed must be attached along with the signatures of other partners who have authorized the particular partner to execute and sign the agreement. 2. If it is a private or public limited firm, a copy of the resolution, authorizing the person to execute & sign the agreement on behalf of the firm, passed by the Board of Directors along with the Company s Seal must be attached with the agreement. 3. If it is a proprietary firm, then the proprietor himself should execute & sign the agreement and his full residential address must be available in the file. Upon submission of security deposit and signing of Agreement, DGVCL shall issue a detailed A/T /order incorporating various terms and conditions. DGVCL/SP12003/1 Ph SMC Meter Box /Document page 15/22

16 18. Delayed and Late Tenders : No tender shall be accepted / opened in any case which are received after due date and time of the receipt of tender irrespective of delayed due to postal service or any other reasons and DGVCL shall not assume any responsibility for late receipt of tender / sample. Any correspondence in this matter will not be entertained. 19. In case of any bidder / firm is Stop dealing / Banned for business dealing/ blacklisting by GUVNL or their any subsidiary company in that case the following shall be applicable. Bidders may note: 19.1 The proprietor / all the partners / directors of the stop deal / banned for business dealing / blacklisting firm shall also be considered for stop deal/ banned for business dealing/ blacklist Once the name of the firm and/ or proprietor/ partner/ director of the firm appears in the list of Stop dealing / Banned for business dealing / blacklist in any Company of GUVNL and its Subsidiary Companies, a. No enquiry shall be issued to a firm. b. No bids / tender shall be considered for evaluation and the bid submitted by the Firm shall be returned The following action will be taken, when a Firm and/or proprietor/ partner/ director of the firm is put on Stop dealing/ Banned for business dealing/ blacklisting by GUVNL or any of its subsidiary Companies, during tender process:- a. Before opening Technical bids, the bid submitted by the Firm will be treated as Disqualified Bid and automatically stand as Rejected Bid at the time of scrutiny of Preliminary / Technical Bid. b. After opening Technical bid but before opening the price bid, the price bid of the Firm should not be opened and the bid submitted by the Firm will be treated as Disqualified Bid and automatically stand as Rejected Bid at the time of scrutiny of Technical Bid. c. After opening of price bid, the offer of the Firm should be ignored and will not be further evaluated. The Firm will not be considered for issue of order even if its price is the lowest. In this situation, the next lowest bidder shall be considered as L1. d. The BG/EMD submitted by the Firm with tender should be returned after obtaining confirmation from GUVNL and its other subsidiary Companies that there are no outstanding dues recoverable from the firm If a Firm is put on Stop dealing / Banned for business dealing/ blacklisting in one Company and is already executing work and/ or Letter of Acceptance/ purchase order awarded to them by another Company, then the firm should be allowed to complete such awarded work / supply The amount of EMD/ SD/ any payment against supply withheld at the instance of GUVNL or any of its subsidiary Companies shall be appropriated against the dues recoverable from the firm by GUVNL or any of its subsidiary Companies. EMD/ SD/ PG in the form of bank Guarantee shall be encashed and appropriated The Stop dealing/ Banned for business dealing/ blacklist shall be Firm- specific and when a Firm is put on Stop dealing/ Banned for business dealing/ blacklist, DGVCL/SP12003/1 Ph SMC Meter Box /Document page 16/22

17 all the manufacturing works of the Firm shall be on Stop dealing/ Banned for business dealing/ blacklist for GUVNL and its Subsidiary Companies & for all Services of the Firm If the Firm placed on Stop Dealing/ Banned for business dealing/ blacklist is a Proprietary Concern, then all the Concerns of the same Proprietor shall also be considered to be on Stop Dealing/ Banned for business dealing/ blacklist. The Managing Director of the concerned Company may however, if he considers it to be in the interest of the Company, remove the ban in respect of any specific Service / Supply, for his Company only. 20. Clause no.32 of Commercial Terms and Conditions is modified as under: Tenderer must submit offers / bids along with requisite descriptive literature etc. in single copy duly signed and stamped by them. Wherever applicable, Complete Technical data of Equipment s/ Materials / Apparatus, etc. must be furnished along with the tender including (i) Dimensional Drawings, (ii) Type Test Certificate from Govt. Recognized Laboratory (iii) Guaranteed Particulars, (IV) List of Testing facilities available in the works must be furnished with the tender which is a must. Tenderer will be at full liberty to provide information and data about his products. 21. Check List: A Technical Check List to be submitted with Physical Bid by the bidder in cover of technical bid.it should be submitted on front page of the offer. Documents submitted in technical bid should be as per order of Technical check list. This is mandatory. 22. TYPE TEST: All the necessary Type tests will have to be carried out before submission of the tender and to be submitted along with the Technical Bid. The Type Tests which are more than 07(Seven) years old will not be considered and such tenders will be rejected. All the required type tests should not be older than 07(Seven) years. All the required type tests on one particular item must have been conducted in the span of one year only. If the type tests for the tendered items are not carried out before the submission of the tender, then it will at DGVCL/DISCOM s sole discretion to accept them or NOT. However, depending up on DGVCL/DISCOM s requirement, if the Letter of Intent/Letter of Acceptance (LOI/LOA) is placed subject to submission of type tests, then in such cases all the necessary Type tests will have to be carried out by the firm within 30 (Thirty) days of the issue of LOI/LOA or at DGVCL/DISCOM s discretion, failure to do so the LOI/LOA stands cancelled and the detailed purchase order will not be placed and no further correspondences in this matter will be entertained at any cost and will be out rightly ignored 23. Bidders are requested to note that in case of short length/quantity observed in tender item supplied at any of DGVCLs store, Audit Inspection clause no.55 of the tender commercial conditions will be applicable on the ENTIRE LOT of the material supplied through respective Dispatch Instruction and necessary actions for replacement/recovery/penalty will be taken by DGVCL accordingly. DGVCL/SP12003/1 Ph SMC Meter Box /Document page 17/22

18 24. REFUND OF EMD: EMD of all unsuccessful bidders shall be released on finalization of tender. Earnest Money Deposit (EMD) will be returned / refunded to the successful bidder, only on their submission of Security Deposit (S.D.) against the order placed by DGVCL/ and on submission of original money receipt and Bank (RTGS) details to DGVCL. 25. Any payment due to be made to the bidders/suppliers at any time after submission of tender will be made through RTGS/NEFT/IFT only instead of cheque by RPAD and for that bidder has to submit following details along with the tender company s letterhead dully signed and stamped. 1) Account Number : 2) Type of Account : 3) Bank Name : 4) Branch Name & Address : 5) Contact Number of the Branch : 6) IFSC No : 26. DISPATCH OF MATERIAL: The tender is invited by DGVCLThe successful bidder will have to dispatch the Ordered material as per Part II Schedule A. 27. ISI MARKING : The material supplied shall be confirming to Indian Standard Specification and also with ISI marking and even after inspection of the lot, if the materials received at site is found without ISI marking, the lot shall be rejected and no further correspondence shall be entertained in this regard. 28. PENALTY FOR LATE DELIVERY: Clause no. 28: PENALTY FOR LATE DELIVERY of the Commercial Terms and Conditions is modified as under: Penalty shall 0.5% per week or part thereof on delayed portion subject to maximum 10% of the order value (end cost) in case of supply only, whereas in case of projects, the ceiling shall be with reference to total contract value of the project (supply + erection). For calculating the delayed portion, date of actual receipt of material at store shall be considered ln order to avoid delay in dispatch of the inspected lot of materials, for which Dispatch instructions are already issued, the Gujarat based suppliers and out of Gujarat based Suppliers shall arrange the transportation so as to receive the materials at respective Consignee's Stores within 15 days and 21 days respectively, from the date of issue of dispatch instructions. lf materials are not received at Stores within 15 days / 21 days, as the case may be, from the date of issue of Dispatch instruction special penalty charges shall be recovered at 0.5% per Week or part thereof, maximum up to 3% of the Dispatch instructions consignment value. DGVCL/SP12003/1 Ph SMC Meter Box /Document page 18/22

19 28.3. General Guide lines: In order to avoid delay & possible attraction of penalty, The firm has to offer the inspection call 15 days prior to propose date of inspection and prior to 30 days from the due date of delivery schedule If above clause No is fulfilled by firm then any delay in inspection and any delay in issuance of Dispatch instruction, said delay period will not be considered for penalty purpose However, in case the material is offered for inspection but does not fulfill criteria as per clause No and does not supply material as per delivery schedule, the same will be considered as delay in delivery and will be liable for penalty in terms of the contract. Due consideration will be given for waival / levy of penalty only for the reasons absolutely beyond suppliers control (e.g. Force Majeure conditions as laid down in the DGS & D, Clause reproduced hereunder) 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 only. The request made after one month on completion of the supply shall not be entertained and rejected out rightly without any correspondence. No request for waival / levy of penalty will be entertained / reviewed during the execution of order. 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 Managing Director 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 Supplier at a price to be fixed by the Managing Director of the company, which shall be final, all unused undamaged and acceptable materials bought out components, and stores in course of manufacture in the possession of the Supplier at the time of such termination or such portion thereof as the Purchaser may be deem fit excepting such materials, bought out component and stores as the supplier may with concurrence of the Purchaser elect to retain. DGVCL/SP12003/1 Ph SMC Meter Box /Document page 19/22