(A Mini Ratna and Schedule A Company) (6X250MW CIN No...

Registered &

Corporate Office

Himfed Building, New Shimla, Shimla (HP)

PIN-171009, Tel: 0177-2670064,490,521,741 Fax: 0177-2670542

Liaison/Co-

ordination Office

SJVN, IRCON Building, Ground Floor, Saket New

Delhi. PIN-110017, TELE: 011- 41659210/17 FAX: 011- 41659204/14

एसजेवीएन लिलिटेड SJVN Ltd. (भारत सरकार तथा हिमाचऱ प्रदेश सरकार का साांझा उऩक्रम)

(A Mini Ratna and Schedule A Company)

(6X250MW नाथपा झाकड़ी जि ववद्युत स्टेशन) प्रापण एवं संववदा ववभाग, झाकड़ी, जजिा लशििा, हि॰ प्रे॰-. 172201

फोन. 01782-275236,275459,275106, फ़ैक्स 01782-234049, 275106, http://www.sjvn.nic.in

हिन सांख्या (TIN No.) 02011000291 ससन ्सांख्या (CIN No.) L40101HP1988GOI008409

NOTICE INVITING TENDER (Domestic Competitive Bidding)

Open press tender enquiries under two part system through e-tendering are hereby invited from manufacturer /authorized dealer/distributor for PPR-NJHPS-1180(O&M) /2014- “Supply, Installation, Testing & commissioning of air conditioning system in the control room of the Nathpa Jhakri Hydro Power Station. Please visit websites www.sjvn.nic.in , www.tenders.gov.in or www.eprocure.gov.in to know further details & bid submission procedure w.e.f. 07/08/2014. Bid closing date (Last date and time for uploading of filled in bids) is 27/08/2014 12:30 HRS (IST). The bid is to be submitted through e-tendering as https://sjvn.abcprocure.com

एसजेवीएन सऱसमिेड की ओर से

उऩ मिा प्रबन्धक प्राऩण एांव सांववदा ववभाग एनजेएचऩीएस, एसजेवीएन सऱसमिेड, झाकड़ी-172201

For wider publicity and awareness among the bidders, it is intimated that all open tenders having estimated cost more than 20.0 lacs only are published in the print media. For regular updates on all other open tenders having estimated cost below 20.0 lacs, please

visit websites www.sjvn.nic.in or www.tenders.gov.in & www.eprocure.gov.in

SAVE ENERGY FOR BENEFIT OF SELF & NATION

http://www.sjvn.nic.in/http://www.tenders.gov.in/http://www.eprocure.gov.in/http://dict.hinkhoj.com/words/meaning-of-की%20ओर%20से-in-english.htmlhttp://www.sjvn.nic.in/http://www.tenders.gov.in/http://www.eprocure.gov.in/

Annexure-A/B

Bill of Quatity

Sr.

No.

Description Qty. Unit

A. Cost Of Main Equipment1 VRF Unit complete with scroll

compressors, 35 HP/36HP indiscreet sizes

1 Set

2 Recessed Air Conditioner 4 Ton withall accessories

7 Pcs.

3 Recessed Air Conditioner 1.5 Tonwith all accessories

3 Pcs.

B. Low Side Work including Installation Cost4 Low Side Work including installation

cost & accessories---- LS

Remarks:-

The rates for above item no. 04 shall be quoted on lumsum basis primarilyconsidering the followings:

a. Supply of Remotesb. Supply of refrigerant piping of different sizes.c. Supply of control cabling (different sizes).d. Supply of Drain piping.e. Supply of refrigerant gases.f. Supply of reference nutsg. Supply of MS stand for outdoor unit.h. Installation charges.

Any other accessory required to complete the total job shall be considered under thishead. SJVN shall not pay extra for any deviation in the supplied quantity as rates areto be quoted on L.S. Basis.Therefore for estimation the prospective bidder is advised to visit the site beforequoting the tender.

ITB-PPR-NJHPS-1180 for Supply & Installation of air conditioning system in the control room of NJHPS (Page-1 of 13) Registered &

Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

INSTRUCTIONS TO BIDDERS (ITB)

The bids are invited using e-procurement mode, so please read the instructions carefully and upload the filled in bids as per requirement of bid documents. The acknowledgement copy is to be sent as a proof for the bid submission through tendering. 1.0 General Instructions 1.1 The SJVN Limited, hereinafter called "SJVN Ltd." / "Owner" is a Joint Venture

of Govt. of India and Govt. of Himachal Pradesh having its registered office at Himfed Building, New Shimla - 171 009, have their Nathpa Jhakri Hydroelectric Power Plant with a capacity of 6x250 MW at Nathpa (Distt. Kinnaur) and Jhakri (Distt. Shimla) in the State of Himachal Pradesh, India.

1.2 SJVN Ltd. has issued an invitation to bid as enclosed and will receive bids as

set forth in the accompanying Bid documents. 1.3 Bids can not be uploaded after the time & date fixed for receipt of bids as set

out in the Invitation of Bid. 1.4 SJVN Ltd. reserves the right to accept or reject any or all Bids without

assigning any reason for such a decision. 1.5 All the cost and expenses incidental to preparation of the proposals,

discussions and conferences, if any, including pre-award discussions with the Bidder, technical and other presentation including any demonstrations etc. shall be to the account of the Bidder and Owner shall bear no liability whatsoever on such costs and expenses.

1.6 The complete filled in bids and necessary scanned documents shall be

uploaded at the mentioned address up to 27.08.2014 at 1230 hrs. The techno-commercial bid shall be opened on 28.08.2014 at 1530 hrs. The bids cannot be uploaded / submitted later than 27.08.2014 at 1230 hrs. However, Price bid part of qualified & commercial responsive bidders shall be opened on subsequent date, for which the qualified bidders shall be informed separately.

1.7 Please note that bids in physical form shall not be entertained under any

circumstances and are only to be submitted through e-tendering at https://sjvn.abcprocure.com.

1.8 The contract & procurement process through e-tendering/e-procurement

system is in process at NJHPS, SJVN Jhakri and hence this tender is to be processed through e-tendering/e-procurement system. The bids are to be filled and submitted online. To participate in e-tendering/e-procurement, it is requested to register with our website https://sjvn.abcprocure.com. The one year cost of registration on web site is Rs 2921/- (Rs 2600/- plus service tax @ 12.36 %) is payable directly to M/s e-Procurement Technologies Ltd. The

https://sjvn.abcprocure.com/https://sjvn.abcprocure.com/


Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

bidder should also have the Digital Signatures for security purpose. The detailed procedure for the registration is as under:- a. Go to the url:- https://sjvn.abcprocure.com In the home page click on

vender Registration. b. Click on “New Bidder’s Registration” link available on home page. c. You need to furnish individual details as well as of company details in

registration form. d. After filling all mandatory fields, you need to click on “submit” button to

complete the registration process. e. After submission of the form, the user id and password are generated

in the form of Acknowledgement. f. The payment of annual registration fee amounting to Rs.2921/- is to be

made through DD. g. The User ID will be activated after DD is received. Send the

Acknowledgement copy and uploaded document below mentioned e-Mail ID.

For Registration enquiry and to activate User ID please call abcprocure Help Desk Centre +91-79-40016865 / 37 / 02 / 85 / 79 / 91 / 23 / 52 e-Mail ID [email protected] and [email protected] .

1.9 All the bidders are requested to get themselves registered well in advance to

facilitate timely submission of the bid. In case bidders wait till last moment for uploading the bids and if any technical problem is encountered at that time, the bid closing date & time may elapse.

1.10 DIGITAL SIGNATURES: The bidder should also have the Digital Signatures

which are mandatory for security purpose. The digital signatures can be obtained from any of the authorised agencies in India.

1.11 The vendors/Contractor already registered with the old system will not be charged for one year. The vendor who have registered with the e-procurement portal of M/s ITI Ltd. up to 20/11/2013 need not to pay again to register on the new e-procurement portal for their current subscription year respectively. However, the vendors who have registered with the e-procurement portal of M/s ITI Ltd. on or after 21/11/2013 shall have to pay to register on new e-procurement portal as per the contract conditions. The vendors/contractor call to abcprocure helpdesk (Help Desk Centre +91-79-40016865 / 37 / 02 / 85 / 79 / 91 / 23 / 52) and provide their old User ID/Company Name/mail id for activation.

1.12 Down loading Bid Documents: Bidder to access e-Tender portal of SJVN (http://sjvn.abcprocure.com) to access NIT document, after completing registration formality and successful login vendor need to process for Tender Fee / Document Fee (if any) and after that bidder can download detailed tender document. “Download Document” link is available at the end of every tender notice along with access to “Corrigendum”.

https://sjvn.abcprocure.com/file:///G:/Viewlet%20-%20Walk%20throughmailto:[email protected]:[email protected]://sjvn.abcprocure.com/


Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

1.13 Bid Submission: (i) Bidder needs to login first on the tendering portal of SJVN (i.e.

http://sjvn.abcprocure.com). (ii) Search tender by filling necessary searching criteria after Login. (iii) After finding the tender on the screen, click on the “Dashboard”. (iv) Click on “Declaration” and then click on “I Agree”. (v) Upload the scanned copy of “Tender Fee (if any)”. (vi) Upload the scanned copy of “EMD”. (vii) Click on “Prepare Bid” and fill necessary Forms (Schedules). (viii) After filling Price Bid Form click on “Final Encrypt”. (ix) After filling all Forms & final Encryption of Price Bid click on “Final

Submission”. (x) After Final Submission bidder will get receipt of Final Submission of

their Bid.

1.14 The link “help manual” and “vendor help” for submission of bids is also available on the website. For any assistance/ clarification for e–tendering registration, submission of bid through e-tendering/ procurement , bidder may contact the following persons/ representatives of M/s abcProcure:-

(i) Mr. Rakesh Panwar-M- 80913-81583, e-Mail:

[email protected]

(ii) Mr. Vismay Jagad -Ph- 07940016867, e-Mail: [email protected]

(iii) Ms. Vaishali Soni-Ph- 079-4001 6837, e-Mail: [email protected]

(iv) Mr. Pradip Parmar-Ph-079-4001 6865 e-Mail:

[email protected] (v) Link ”Contact us” available on the home page of

https://sjvn.abcprocure.com

The above persons are to be contacted for help/ assistance related to e–tendering registration, submission of bid through e-tendering only.

For any other clarifications regarding the tender bidder may contact the following persons/ representatives of M/s SJVN:-

(i) Sh. Rajeev Kapoor: Telephone No. 01782-275459 (E-mail ID : [email protected]/[email protected])

(ii) Sh. Ajay Kumar: Mobile No. 09418014928 (E-mail ID : [email protected]/ [email protected])

(iii) Sh. Rajesh Negi: Mobile No. 09418475411 (E-mail ID : [email protected])

2.0 Plant Information

The 1500 MW Nathpa Jhakri Hydroelectric Power Plant is located between Nathpa (Distt. Kinnaur) and Jhakri (Distt. Shimla) in the State of Himachal Pradesh.

http://sjvn.abcprocure.com/mailto:[email protected]:[email protected]:[email protected]:[email protected]://sjvn.abcprocure.com/mailto:[email protected]/


Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

3.0 Communication and Transport Limitation The Plant Site is located in the interior of Himachal Pradesh. The dam is located on the Sutlej River near village Nathpa in District Kinnaur. The underground power house is located near village Jhakri in District Shimla. Jhakri is ahead of Shimla, the capital of the State of Himachal Pradesh about 150Km on NH-21. The rail head (broad gauge) is at Kalka (NR). Kalka is about 235 Km (Approx.) from Jhakri.

Approximate Distance from Kalka

To Mumbai

To Kolkata

To Chennai

(i) By Rail 1906 1809 2558

(ii) By Road 1753 1791 2482

The distance from Kalka to Delhi by road is 285 Km (approx.). From the Kalka rail head, the Project is approachable by the following roads/routes:-

(i) Kalka - Dharampur - Solan - Shimla - Narkanda - Rampur - Jhakri (NH -22).

: 235 Km (Approx.)

(ii) Kalka - Dharampur - Solan - Shimla - Dhalli - Basantpur - Rampur – Jhakri.

: 252 Km (Approx.)

(iii) Kalka - Dharampur - Sabathu - Arki - Shalaghat - Dhami - Basantpur - Rampur - Jhakri.

: 337 Km (Approx.)

Transport Limitation

The transport limitation by road from Kalka to the Plant Site at Jhakri would be the governing factor in respect of the permissible package size and weight. Bidder should consider all factors as can be envisaged for transportation of equipment to avoid and overcome the hindrances/ limitations on existing road on account of weather conditions and any other reasons without affecting the schedule .

4.0 Minimum Qualifying Requirement:

As per Technical Specifications.

5.0 Scope of Proposal

The scope of Proposal includes the Transportation, Insurance, Supply, Installation, Testing & Commissioning of complete air conditioning system in the control room of the Nathpa Jhakri Hydro Power Station {as per Technical Specification of Air Conditioning System for the control room of the NJHPS

Jhakri Enclosed}. 5.1 The detail scope of work is detailed in the Technical specifications

enclosed.


Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

5.2 The freight & insurance charges shall be reimbursed at actual against the documentary proof & maximum restricted to the total amount as quoted in the bid.

5.3 Inspection: - The inspection of the material shall be carried out at O&M Store,

NJHPS, SJVN Ltd. Jhakri.

5.4 The bidder is advised to visit and examine the site of the requirements/work and its surroundings and obtain for himself, on his own responsibility all information that may be necessary for preparing the bid and entering in to contract. The cost of visiting the site shall be at bidder’s own expenses.

5.5 The material is to transport through “Registered Common Carrier” only (Registered Common Carrier mean the carrier registered with a State Transport Authority or a Regional Transport Authority).

6.0 Quality Assurance Programme: As per technical specifications enclosed. 7.0 Cost of Bidding

The Bidder shall bear all costs associated with the preparation and submission of its bid, and the Owner will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

8.0 The Bidder is expected to examine all instruction, forms, terms, specifications, and other information in the bidding documents. Failure to furnish all information required by the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at the Bidder's risk and may result in rejection of its bid.

9.0 Amendment of Bidding Documents 9.1 At any time prior to the deadline for submission of bids, the Owner may, for

any reason, whether at its own initiative, or in response to a clarification requested by a prospective Bidder, amend the bidding documents.

9.2 The amendment will be notified in writing or by cable or through website (on

www.sjvn.nic.in, www.tender.gov.in, www.eprocure.gov.in and

https://sjvn.abcprocure.com) to all prospective Bidders that have received the bidding documents and will be binding on them. Bidders are required to immediately acknowledge receipt of any such amendment, and it will be assumed that the information contained therein has been taken into account by the Bidder in its bid.

9.3 In order to afford prospective Bidders reasonable time in which to take the amendment into account in preparing their bid, the Owner may, at its discretion, extend the deadline for the submission of bids.

9.4 After publishing of NIT in Newspaper, any amendment/ corrigendum shall not be published in any Newspaper. The amendment(s) of the NIT shall be put on our web-sites directly. The bidders who have not informed us about the

http://www.tender.gov.in/


Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

download would be required to regularly visit our website for updating themselves about any amendments which may arise from time to time. It will be assumed that all the information contained/updated in the website has been taken into account by the Bidder in its bid.

10.0 Language of Bid

The bid prepared by the Bidder and all correspondence and documents related to the bid exchanged by the Bidder and the Owner shall be written in English language. Any printed literature furnished by the bidder may also be written in English language.

11.0 Bid Security / Earnest Money deposit (EMD)

11.1 The bidder shall furnish, as part of its bid, a bid security in a sealed envelope amounting to ` 43,000/- (Rupees Forty Three Thousands Only).

11.2 The bid security shall, at the Bidder's option, be in the form of a crossed demand draft/pay order (drawn in favour of the NJHPS, SJVN, Jhakri) /FDR/TDR (pledged in favour of the NJHPS, SJVN, Jhakri). The DD should be payable at following branches:

(i) State Bank of India Jhakri Branch Code - 6988 (ii) State Bank of India Rampur Bushahar Branch code - 0703 (iii) Punjab National Bank Rampur Bushahar Branch code - 94300 (iv) UCO Bank Rampur Bushahar Branch code - 1543 (v) HDFC Bank Rampur Bushahar Branch code - 805

The bid security in the form of Bank Guarantee (BG), local Cheque/ outstation Cheque is not acceptable.

11.3 The bid security shall be prepared and scanned copy of the same shall be uploaded at the designated place in web site. The EMD in physical form should reach preferably before the last date and time of submission of bid. If EMD does not reach in physical form within the period of techno commercial evaluation, the bid shall be considered as non responsive and price bid of such firms shall not be opened.

11.4 Micro or Small Enterprises (MSE)/NSIC registered firms are exempted from

submission of EMD and must enclose (Upload scanned copy of the MSE/NSIC certificate) for the same products and services as in NIQ above. If the MSE/NSIC certificate does not contain the same products and services as listed in our NIQ and no EMD is found enclosed, the owner may ask the bidder to submit the EMD as above. The copy of MSE/ NSIC certificate is to be sent by e-mail/fax/post with reference to the present tender.

11.5 The bid securities of unsuccessful bidders will be returned as promptly as possible, but not later than twenty-eight (28) days after the expiration of the bid validity period.

11.6 The bid security of the successful bidder will be returned when the bidder has furnished the required performance security.

11.7 No interest shall be payable by the Owner on the above Bid security.


Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

11.8 The bid security may be forfeited

(a) if the Bidder withdraws its bid during the period of bid validity specified by the Bidder in the Bid Form;

(b) if the Bidder does not accept the correction of its Bid Price;

(c) if the Bidder does not withdraw any deviations listed in Deviation Schedule at the cost of withdrawal indicated by him;

(d) if the Bidder refuses to withdraw, without any cost to the Owner, any deviation not listed in Deviation Schedule but found elsewhere in the bid; or

(e) in the case of a successful Bidder, if the Bidder fails within the specified time limit;

(i) To accept the Letter of Award or

(ii) To furnish the required performance security.

(iii) To start activities according to Work Completion Schedule.

12.0 (a) In case bidder is a Micro or Small Enterprises under the Micro Small

and Medium Enterprises Development Act 2006, the bidder shall submit the following :

(i) Documentory evidence that the bidder is a Micro or Small Enterprises registered with District Industries Centres or Khadi and Village Industries Commission or Khadi and Village Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises for the same products as in NIQ above.

(ii) If the MSE is owned by SC/ST Enterprises, the bidder shall furnish appropriate documentory evidence in this regard.

(iii) The above documents submitted by the bidder shall be duly certified by the statutory Auditor of the bidder or a practicing Chartered Accountant (not being an employee or a Director or not having any interest in the bidder’s company/ firm) where audited accounts are not mandatory as per law.

(b) If the bidder does not provide the above confirmation or appropriate document or any evidence, then it will be presumed that they do not qualify for any preference admissible as above.

(c) No EMD (bid security) is required to be paid by an MSE participating in the bidding process. However, MSE’s shall not be exempted from submission of Performance Guarantee.


Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

(d) Tender document shall be issued free of cost to all MSEs participating in the bidding process.

(e) Purchase preference will be applicable as per extant GOI Policy.

13.0 Deviations

Deviations, if any, from the terms and conditions of Bidding Documents or Technical Specifications including drawings shall be listed only in Deviation Schedule of the bid i.e.Schedule-2 “Schedule of Deviations”. The Bidder shall also provide the additional price, if any, for withdrawal of the deviations.

Bidder may further note that except for deviations listed in Deviation Schedule, the bid shall be deemed to comply with all the requirement in the bidding documents and the bidders shall be required to comply with all such requirements of bidding documents and technical specifications and drawings without any extra cost to the Owner irrespective of any mention to the contrary, anywhere else in the bid, failing which the bid security of the Bidder may be forfeited.

The owner has complete right to evaluate the deviations without prejudice. After evaluation, the deviations may or may not be agreed by the owner. The bidder shall be intimated in writing accordingly.

14.0 SCHEDULE OF COMPLETION

The basic consideration and the essence of the Contract shall be the strict adherence to the work completion Schedule. The Maximum completion schedule for complete scope of supply including installation, testing & commissioning of complete air conditioning system is to be completed within 90 days from the date of issue of LOA.

15.0 Price Adjustment Data Not applicable being "FIRM" Price Contract. 16.0 Bid Prices

► Unless otherwise specified in the Technical Specifications, Bidders shall quote for the entire supply on a "single responsibility" basis such that the total bid price covers all the supplier's obligations mentioned in or to be reasonably inferred from the bidding documents.

► Bidders are required to quote the price for the commercial, contractual and

technical obligations outlined in the bidding documents.

► Bidders shall give the required details and breakup of their prices as per Schedules specified.

► The Prices quoted by the Bidder shall be FIRM during the performance of

the contract and not subject to variation on any account. A bid submitted with an adjustable price quotation will be treated as non-responsive and rejected.


Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

17.0 Bid Currencies Bidders shall quote all prices in Indian Rupees only. 18.0 Period of Validity of Bid

► Bids shall remain valid for a period of 120 days after the closing date prescribed by the Owner for the receipt of bids. A bid valid for a shorter period shall be rejected by the Owner as being non-responsive.

► In exceptional circumstances, the Owner may solicit the Bidder's consent

to an extension of the bid validity period. The request and responses thereto shall be made in writing or by cable/fax. If a Bidder accepts to prolong the period of validity, the bid security shall also be suitably extended. A Bidder may refuse the request without forfeiting its bid security. A Bidder granting the request will not be required nor permitted to modify its bid.

19.0 BID PROPOSAL SHEETS (BPS)

The Bidder shall furnish / complete all the appropriate Schedules / data required as per the bidding documents.

20.0 FORMAT AND SIGNING OF BID

► The Bid must contain the name, residence and place of business of the person or persons making the Bid and must be digitally signed. The name of all persons signing should also be mentioned at appropriate place.

► Bid by Corporation / Company must be digitally signed with the legal name

of the Corporation / Company by the President, Managing Director, or by the Secretary or other person or persons authorized to bid on behalf of such Corporation / Company in the matter.

► Bidder's name stated on the proposal shall be the exact legal name of the

firm. ► All the requisite documents shall be scanned & uploaded along with bid.

The hard copy of the documents shall also be posted as per details given in clause 33.0 so as to reach on or before the last date and time of submission of bid.

► If situation so warrants, SJVN Ltd./NJHPS may ask the bidders to produce original documents which were submitted as scanned copies along with bid for verification.

21.0 Sealing and Marking and Submission of Bids

► The bids will be submitted electronically at designated places in various schedules. The complete bid document along with the schedules can be downloaded by the bidder through https://sjvn.abcprocure.com only after registration as explained above in clause 1.8. The bid is to be filled

https://sjvn.abcprocure.com/


Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

only in the in the schedules available on the web. The price schedules cannot be downloaded as they are to be filled online; however techno-commercial schedules & Bid Proposal sheet etc. are to be downloaded first and are to be uploaded again after filling the same. The bid is called under two parts as under:-

A. Price Bid Part which consists of the followings schedule:

(i) Schedule-1 (Page 1 of 2) - “Schedule of Prices” (ii) Schedule-1(Page 2 of 2) - “Schedule of Taxes and Duties”

► The prevailing rate of taxes & duties is to be clearly mentioned in the

“Schedule of Taxes & Duties”. In case nothing is mentioned or mentioned “NIL” then it shall be presumed that the rates quoted are inclusive of taxes & duties or as else the taxes & duties are not applicable. The taxes & duties shall be paid as per applicable rate at the time of supply. Any increase in taxes & duties/ new introduction of taxes & duties/ levy by the Govt. shall be paid by SJVN Ltd. provided that such increase in taxes & duties / new introduction of taxes & duties/ levy by the Govt. is made with in schedule delivery period as per LOA, otherwise same shall be paid by the bidder. The following is to be considered by the bidder:-

► CST/VAT: “C” Form will not be issued by SJVN Ltd. for this tender, thus Sale tax has to be quoted for accordingly by the bidder.

► Any other deduction like TDS, “WCT” (As per applicable rate in H.P.) if

applicable as per the Govt. laws shall be made from your payment and statement for the same shall be provided by SJVN for the same

► The successful bidder in his own interest shall have to register

himself/firm/company under the HP VAT Act-2005 with the Excise & taxation Deptt., Himachal Pradesh. WCT on the material portion of the contract shall be deducted as applicable.

► The entry tax for the entry of goods in Himachal Pradesh shall be paid

by SJVN directly to concerned authorities. During bid evaluation, the bid of the bidders quoting outside from H.P. shall be loaded at the applicable rate of the Entry Tax.

B. Techno-commercial bid part which consist of followings:

► Bid Proposal Sheet

► Bid Security / Earnest Money deposit (EMD)/Copy of NSIC/MSE certificate as per sr. no. 11.0 above.

► Cost of Tender Document/copy of NSIC /MSE certificate as

per sr. no. 22.0 below ► Authorized dealership certificate from the proposed

manufacturer, if bid is submitted by the authorized dealer of the manufacturer.


Corporate

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PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

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ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

► Undertaking as per sr. no. 34.0 below

► Techno-commercial Schedules:

(i) Schedule-2 “Schedule of Deviations” (ii) Schedule-3 “ Contact Information and Bank Account

Detail” (iii) Schedule-4 “Schedule of Guaranteed Technical

Particulars”

Remarks:-All above schedule are available in single excel sheet “Techno commercial Schedules”. The bidders have to fill the required information in the colored boxes only.

21.1 The Bid part will be opened electronically as per schedule time and date as indicated in the bid documents in the O/o Dy. General Manager (P&C), NJHPS, SJVN Ltd., Jhakri, Distt. Shimla (H.P.) – 172 201. Price bid shall be opened on subsequent date only of those bidders/firms whose techno-commercial bid is found substantially responsive. Necessary information in this regard will be given to successful bidders telephonically or through Fax / e-mail about the time and date of price bid opening.

21.2 The Owner further, reserves the right to reject any Bid which is not submitted according to the instructions stipulated above.

21.3 After submission of the bid through e-tendering an acknowledgment slip is automatically generated and same is to be send by fax/ post/e-mail as per clause 33.0 as a proof for bid submission through e-tendering

22.0 Cost of Tender Documents: The cost of tender document is ` 500/- (Rupees Five Hundred Only) in the shape of Demand Draft in favour of owner payable at Banks as indicated in Sr. No. 11.2 and the bidder must submit the same in envelope which should be reached preferably on or before last date and time of submission of bid i.e. 12:30 Hrs. of 27.08.2014. The scanned copy of the cost of bid documents (DD) shall be uploaded in the designated place. NSIC/MSE registered firms are exempted from the submission of the cost of tender documents.

23.0 Late Bids

No bid shall be received after last date and time of bid submission.

24.0 Withdrawal of Bids

No bid may be withdrawn in the interval between the bid submission deadline and the expiration of the bid validity period specified in Bid documents. Withdrawal of a bid during this interval may result in the Bidder's forfeiture of its bid security / EMD.

25.0 Bid Opening and Evaluation


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FAX: 011- 41659204/14

► The Owner will open all bids electronically in the presence of bidder's representatives who choose to attend the opening at the time, on the date and at the place specified in the NIT / NIQ. Bidder's representatives shall sign a register as proof of their attendance. In the event of the specified date for the opening of bids being declared a holiday for the Owner or network problem, the bids will be opened at the appointed time on the next working day.

► No Mobile Phone will be permitted inside the bid opening room.

Therefore, bidders should deposit Mobile Phones with Security gate at Reception.

► Bids shall be evaluated on entire scope of supply, installation, testing

& commissioning basis including all taxes & duties. ► No cost loading will be carried out on account of lower delivery/completion

period. However, the bidder can offer lower delivery/ completion period than the scheduled completion period.

► Cost loading will be carried out for the deviations taken by the bidder

to determine the lowest evaluated Bid which will be considered for acceptance.

► The items for which bidder does not quote his price i.e. leaves the rate /

amount column blank or simply puts a (-) mark or (*) mark or indicates „NIL‟ / „NA‟ or as applicable, no cost shall be considered for bid evaluation for these items, and for the purpose of award the value of such item shall be deemed to have been included in other quoted items. If the bidder does not agree to this consideration, his bid will be rejected and the bid guarantee may be forfeited.

26.0 Clarification of Bids During bid evaluation, the Owner may, at its discretion, ask the Bidder for a

clarification of its bid. The request for clarification and the response shall be in writing, and no change in the price or substance of the bid shall be sought, offered or permitted.

27.0 Correction of Errors (Applicable to extent possible)

A. The errors /discrepancies in respect of the specified amount in Bid Proposal Sheets for an individual item and/or sub-item and/or in the sub-total of a schedule and/or in the Grand total of a schedule and/or in the lump sum price of the package either due to discrepancy between figures and words and/or simple arithmetical error while adding and/or multiplying and /or due to wrong extension of unit rates etc. the error will be rectified and computed by SJVN as per the following method:

(i) In case of discrepancy between figure and words the value

specified in the words will be considered for computation.


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(ii) Firstly the unit rates in words will be considered for computation.

(iii) In case unit rates are not indicated in words then unit rates indicated in figure will be considered and will be used for deriving the amount from the quantities specified in the bid documents.

(iv) In case error is due to wrong extension of quantities, the quantities

as specified in the bid documents will be considered and multiplied by the quoted unit rates to obtain the amount. The amounts will be computed as per the extension of amount on the basis of unit rates of individual item, sub-item, sub-total of a schedule, grand total of a schedule and lump sum price of the package based on the above consideration.

B. After computation of the amounts as above, the values as computed shall be considered for evaluation as well as for award. If the bidder does not accept the above consideration, his bid will be rejected and the Bid Security / EMD may be forfeited.

C. The Owner's determination of a bid's responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence. If a bid is not substantially responsive, it will be rejected by the Owner, and may not subsequently be made responsive by the Bidder by correction of the non-conformity.

28.0 Influencing the Owner

► No Bidder shall contact the Owner on any matter relating to its bid, from the time of the opening of bids to the time the contract is awarded.

► Any effort by a Bidder to influence the Owner in the Owner’s bid

evaluation, bid comparison or contract award decisions may result in rejection of the Bidder’s bid.

29.0 Award of Contract

► The Owner will award the contract to the successful Bidder whose bid has been determined to be substantially responsive and to be the lowest evaluated bid for entire scope of supply on single responsibility, further provided that the bidder is determined to be qualified to perform the contract satisfactorily.

► The owner may request the Bidder to withdraw any of the deviations listed in Deviation Schedule of the winning bid, at the price shown for the deviation in Deviation schedule. In case the Bidder does not withdraw the deviations proposed by him, if any, at the cost of withdrawal stated in the bid, his bid will be rejected and bid security forfeited.

► Bidders would be required to comply with all other requirement of the Bidding Documents except for those deviations in Deviation Schedule, which are accepted by the Owner, failing which the bid security of the Bidder may be forfeited.


Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

► Award will be placed for on L1 bidder on FOR Jhakri basis for the entire scope of supply including installation, testing & commissioning of the system.

30.0 Owner's Right to Accept Any Bid and to Reject Any Bids

The Owner reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids at any time prior to award of contract, without thereby incurring any liability to the affected Bidder or bidders or any obligation to inform the affected Bidder or bidders of the grounds for the Owner's action.

31.0 Notification of Award

► Prior to the expiration of the period of bid validity, the Owner will notify the successful Bidder in writing by registered letter or by cable, to be confirmed in writing by registered letter, that its bid has been accepted. The notification of award will constitute the formation of the contract.

► Upon the successful Bidder's furnishing of the performance security, the Owner will promptly notify each unsuccessful Bidder and will discharge its bid security.

32.0 Corrupt or Fraudulent Practices

A. The Owner requires that Bidders to observe the highest standard of ethics during the procurement and execution of the Contract. In pursuance of this policy, the Owner:

(a) defines, for the purposes of this provision, the terms set forth below as follows: (i) "corrupt practice" means the offering, giving, receiving or

soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution; and

(ii) "fraudulent practice" means a misrepresentation of facts in order

to influence a procurement process or the execution of a contract to the detriment of the Owner, and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Owner of the benefits of free and open competition;

(b) will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question;

(c) will declare a firm ineligible, either indefinitely or for a stated period of

time, to be awarded a contract if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a contract of the Owner.

B. Furthermore, Bidders shall be aware of the provision stated in the

"General Conditions of Contract".


Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

33.0 Submission of documents by post: The following documents in hard copy/original form sealed in envelop super scribed as “Transportation, Insurance, Supply & Installation, Testing & Commissioning of complete air conditioning system in the control room of the

Nathpa Jhakri Hydro Power Station {Details as per technical specification as enclosed (PPR-NJHPS-1180(O&M)/2014}”are to be sent through post:-

(i) Earnest Money Deposit (In original) / copy of NSIC/MSE certificate as per clause no. 11.0

(ii) Cost of tender document (In Original) / copy of NSIC/MSE certificate as per clause no. 22.0

(iii) Undertaking form, duly signed by the bidder shall be uploaded along with the bid, the details of which are as per clause 34.0

► These scanned copies of above documents should be uploaded on web and is to be reach preferably before closing date and time as per the bidding document i.e. on or before 27.08.2014 12:30 HRS.

► Any documents as asked or required are to be sent to the following address:-

Dy. General Manager (DGM), Procurement and Contract Department, NJHPS, SJVN Ltd., Jhakri, Distt. Shimla (H.P.)-172201.

Phone No. 01782-275236. Fax No. 01782-234049/ 275106.

E-mail ID: [email protected] ► Any documents as asked or required like scanned copies of EMD &

Cost of tender document (if any), copy of previous orders, dealership certificate etc. are to be uploaded at designated place at https://sjvn.abcprocure.com.

34.0 Undertaking: 34.1 We have read carefully all the bidding documents and agreed to the

conditions except for deviation taken clause wise in deviation schedule. 34.2 We have not changed the contents of the bidding documents. 34.3 Scanned copy of documents uploaded along with the bid is true to the best of

our knowledge

mailto:[email protected]

of 6 GCC-PPR-NJHPS-1180 for Supply & Installation of air conditioning system in the control room of NJHPS Registered &

Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

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ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

GENERAL CONDITIONS OF CONTRACT (GCC)

1.0 Definitions In this Contract, the following terms shall be interpreted as indicated:

(a) "The Contract" means the Contract Agreement entered between the Owner and the Contractor, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

(b) "The Contract Price" means the price payable to the Contractor under

the Contract for the full and proper performance of its contractual obligations.

(c) "The Services" means all those services necessary for the supply of

the material, installation, testing & commissioning and other such obligations of the Contractor covered under the Contract.

(d) "The Owner" means the SJVN Limited.

(e) "The Contractor" means the individual or firm supplying the material

under this Contract.

(f) "Corrupt Practice" means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution.

(g) "Fraudulent Practice" means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Owner and includes collusive practice among Bidders (prior to or after Bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Owner of the benefits of free and open competition".

2.0 CONTRACT PERFORMANCE SECURITY 2.1 Within thirty (30) days of receipt of the notification of Contract award, the

successful Bidder shall furnish to the Owner, an unconditional performance security for ten percent (10%) of the Contract Price with a validity up to 60 days after the Guarantee Period (Refer Clause 5.0).

2.2 The proceeds of the performance security shall be payable to the Owner as

compensation for any loss resulting from the Contractor's failure to complete its obligations under the Contract.

2.3 The performance security shall be denominated in the currency of the

Contract and shall be in the form of Bank Guarantee ( As per SJVN standard format enclosed) issued preferably by a nationalized Bank/ scheduled bank as per RBI guide line (As per the list enclosed) , acceptable to the Owner or in the form of FDR or TDR etc.


Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

2.4 The performance security will be discharged by the Owner and returned to the Contractor not later than sixty (60) days after expiry of guarantee period of all the material /works under the scope of the contract.

2.5 The interest @ 15.5% shall be charged on delayed period for breach in

timely submission of CPG/Initial Security Deposit without prejudice to right of SJVN to other remedies available under the contract.

2.6 NSIC/MSE registered firms are not exempted from the submission of CPG. 2.7 No price preference shall be given to MSE/NSIC registered firms.

3.0 PACKING: 3.1 The bidder shall provide such packing to the goods as is required to prevent

damage or deterioration during transit to their final destination. The transportation of the material shall be arranged by the bidder.

4.0 INSURANCE

The goods to be supplied and work to be completed under the scope of the work shall be insured for all risks by the contractor till the completion of work and handing over the system to SJVN.

5.0 GUARANTEE 5.1 The material under scope of supply under this contract will be guaranteed in

the normal working condition or for successful operation of system for a period of minimum one year from the date of installation, testing & commissioning of system at control room of the Nathpa Jhakri Hydro Power Station. In case of any problem within the guarantee period due to poor workmanship, the same will be replaced or rectified free of cost at SJVN project site, as necessary during the stipulated period in the contract on the direction of EIC.

6.0 FORCE MEAJEURE 6.1 The firm shall not be liable for loss or damage to SJVN resulting from any

delays or failure to make shipment to Jhakri site within schedule time for all or any part of the item due to the act of God, war declared or undeclared, acts of public enemy, riots, civil commotion, invasion, insurrection, sabotage, acts of restraint of Government, federal, state or municipal action or regulation, fire, flood, hurricanes, accidents, epidemic, quarantine, restrictions, or any failure on the part of the Owner or his representative to approve or comments on drawings or other causes, contingencies or circumstances not subject to their control, whether of a similar or dissimilar nature which prevents the Contractor from completion of work. Any such cause or delays even though not existing on the date of the contract on or the date of start of reclaiming shall extend the time of performance automatically by length of delays occasioned thereby, including delay reasonably incidental to the resumption of normal reclamation work even though such case may occur after performance of firm’s obligation has been delayed for the other causes.


Corporate

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PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

6.2 If a Force Majeure situation arises, the Contractor shall promptly notify the

Owner in writing of such condition and the cause thereof. Unless otherwise directed by the Owner in writing, the Contractor shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.

7.0 PAYMENT TERMS 7.1 FOR MATERIAL/ SUPPLIES:

a. The Seventy percent ( 70%) payment (including 100% taxes & duties) for material shall be made within 30 days after receipt of the material at O&M Store, NJHPS, SJVN Ltd Jhakri and on submission of followings documents to consignee / EIC in bound folder within 30 days:-

(i) Bills in triplicate. (ii) Unequivocal acceptance of Letter of Award/work order (iii) Photocopy of Contract Performance Guarantee as per clause no.2.0

above (iv) Copy of GR duly acknowledged at NJHPS, Jhakri by EIC or his

authorized representative or consignee, for receiving of material in good condition.

(v) Material Physical verification certificate issued by the stores department. (vi) Copy of PAN No. & TIN No. (vii) Documentary Evidence for the freight & Insurance charges

b. Balance Thirty percent ( 30%) payment for material shall be made within 30

days after completion of entire scope of work and on submission of followings documents in bound folder within 30 days:-

(i) Bills in triplicate. (ii) Work completion certificate issued by EIC

7.2 FOR INSTALLATION, TESTING AND COMMISSIONING The 100% payment (including 100% taxes & duties) for installation testing and commissioning shall be made within 30 days after completion of entire scope of work and on submission of followings documents to EIC:-

(i) Bills in triplicate. (ii) Copy of PAN Card (iii) Copy of Service Tax Registration No. (if applicable) (iv) Work completion certificate issued by EIC

7.3 The service tax if applicable shall be paid by the SJVN/ bidder as per

service tax notification no. 30/2012 dated 20/06/2012. The service tax is to mentioned separately in price schedules & same shall be reimbursed on submission of following information along with the bills:-

(I) Name, Address & Contact Details (Tel. no. etc.) of the Service Provider. (II) Service Tax Number of the Service Provider.


Corporate

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PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

(III)PAN of the Service Provider. (IV) Service Tax Invoice Number. (V) Gross amount of services. (VI) Service Tax amount

7.4 Any other deduction like “WCT” (as applicable in H.P.) etc. as per the Govt.

laws shall be made from your payment and statement for the same shall be provided by SJVN for the same.

7.5 TAX DEDUCTION AT SOURCE: SJVN Ltd. shall be entitled to make all deduction towards taxes from the payments to be made to You as may be mandatory as per rules. However SJVN Ltd. shall give a statement in respect of such deductions to You.

7.6 The payment shall be released through electronic fund transfer and hence you are requested to give your bank account detail along with IFSC/RTGS code of your bank branch. The required detail is to be filled in “Schedule-3-General Information & Bank Account Detail”. Bank charges if any, shall be borne by you. The details to be submitted in the schedule as enclosed.

7.7 As per SJVN Ltd. policy, no advance payment can be given. 8.0 SCHEDULE OF COMPLETION

The basic consideration and the essence of the Contract shall be the strict adherence to the work completion Schedule. The Maximum completion Schedule for complete scope of supply including installation, testing & commissioning of complete air conditioning system is to be completed within 90 days from the date of issue of LOA.

9.0 LIQUIDATED DAMAGES

9.1 If the Supplier fails to complete the work (Supply, installation, testing & commissioning of complete system or all of the Goods) within the period(s) specified in the Contract, the Owner shall, without prejudice to its other remedies under the Contract, deduct from the Contract Price, as Liquidated Damages, as specified here in below.

9.2 The Liquidated Damage for delay in complete the work (Supply, installation, testing & commissioning of complete system or all of the Goods) beyond the maximum delivery period as stipulated at clause 8.0 above shall be @ ½% (Half percent) per week or part thereof on the total contract value. The total amount of Liquidated Damages for delay under the Contract will be subject to a maximum of five percent (5%) of the Contract price).

9.3 Amount of Liquidated Damage shall be payable by the Supplier whenever

demanded by the Owner and / or Owner can recover the amount of liquidated Damages (to the extent leviable at any time) from the amount payable to the Supplier available with Owner under this Contract.

9.4 Supplier’s obligations and the Owner’s remedies in respect of delay are solely

and exclusively as stated in this Liquidated Damages clause subject to provisions of Clause 10.0 and consequence thereof.


Corporate

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PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

10.0 TERMINATION OF CONTRACT ON CONTRACTOR'S DEFAULT 10.1 The Owner, without prejudice to any other remedy for breach of Contract, by

written notice of default sent to the Contractor, may terminate this Contract in whole or in part:

a) If the Contractor fails to complete any part of all the work or all of the Goods

within the period(s) specified in the Contract, or within any extension thereof granted by the Owner.

b) If the Contractor fails to perform any other obligation(s) under the Contract. c) If the Contractor, in the judgment of the Owner has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract.

10.2 In the event the Owner terminates the Contract in whole or in part, the Owner may procure / get repaired, upon such terms and in such manner as it deems appropriate, Goods or Services similar to those undelivered / un-repaired, and the Contractor shall be liable to the Owner for any excess costs for such similar Goods or Services. However, the Contractor shall continue performance of the Contract to the extent not terminated.

11.0 TERMINATION FOR INSOLVENCY The Owner may at any time terminate the Contract by giving written notice to

the Contractor if the Contractor becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the Contractor, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Owner.

12.0 TERMINATION OF CONTRACT ON OWNER'S INITIATIVE 12.1 The Owner reserves the right to terminate the Contract either in part or in full

due to reasons other than those mentioned under clause entitled "Contractor's Default" and "Outbreak of War". The Owner shall in such an event give seven (7) days notice in writing to the Contractor of his decision to do so.

12.2 The Contractor upon receipt of such notice shall discontinue the work on the

date and to the extent specified in the notice, make all reasonable efforts to obtain cancellation of all orders and contracts to the Owner, stop all further sub-contracting or purchasing activity related to the work terminated, and assist the Owner in storage, maintenance, protection, and disposition of the works acquired under the contract by the Owner.

12.3 In the event of such a termination, the Contractor shall be paid equitable and

reasonable compensation, as dictated by the circumstances prevalent at the time of termination.

13.0 SETTLEMENT OF DISPUTES


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13.1 Any dispute(s) or difference(s) arising out of or in connection with the Contract shall, to the extent possible in the first instance be resolved amicably between the Contractor and the Owner’s Engineer.

13.2 If any dispute or difference of any kind whatsoever shall arise between the

Owner and the Contractor, arising out of the Contract for the performance of the Works whether during the progress of the Works or after its completion or whether before or after the termination, abandonment or breach of the Contract, it shall, in the first place, be referred to and settled by the Engineer, who within a period of ten (10 ) days after being requested by either party to do so, shall give written notice of his decision to the Owner and the Contractor.

13.3 Save as hereinafter provided, such decision in respect of every matter so

referred shall be final and binding upon the parties until the completion of the entire work under the Contract and shall forthwith be given effect to by the Contractor who shall comply with all such decisions, with all due diligence, whether he or the Owner requires arbitration as hereinafter provided or not.

13.4 If after the Engineer has given written notice of his decision to the parties, no

claim to arbitration has been communicated to him by either party within ten (10) days from the receipt of such notice, the said decision shall become final and binding on the parties.

13.5 In the event of the Engineer failing to notify his decision within ten (10) days

after being requested as aforesaid or in the event of either the Owner or the Contractor being dissatisfied with any such decision, or within ten (10) days after the expiry of the first mentioned period of ten (10) days, as the case may be, either party may require, by written notice to the other party, that the matters in dispute be referred to arbitration as hereinafter provided.

14.0 ARBITRATION 14.1 All disputes or differences in respect of which the decision, if any, of the

Engineer has not become final or binding as aforesaid shall be settled by arbitration in the manner hereinafter provided.

14.2 In the event of the Contractor, that is to say a citizen and/or a permanent

resident of India, a firm or a company duly registered or incorporated in India, the arbitration shall be conducted by three arbitrators, one each to be nominated by the contractor and the Owner and the third to be named by the President of Institution of Engineers, India. If either of the parties fails to appoint its arbitrator within thirty (30) days after receipt of a notice from the other party invoking the arbitration clause, the President of the Institution of Engineers, India shall have the power at the request of either of the parties, to appoint the arbitrators. A certified copy of the said President making such an appointment shall be furnished to both the parties.

14.3 The arbitration shall be conducted in accordance with the provisions of the

Arbitration & Conciliation Act, 1996 or any statutory modification thereof.

14.4 Arbitration(s) shall give reasoned award.


Corporate

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Fax: 0177-2670542

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Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

14.5 The decision of the majority of the arbitrators shall be final and binding upon the parties. The expenses of the arbitration shall be paid as may be determined by the arbitrators. The arbitrators may, from time to time with the consent of all the parties enlarge the time for making the award. In the event of any of the aforesaid arbitrators dying, neglecting, resigning of being unable to act for any reason, it will be lawful for the party concerned to nominate another arbitrator in place of the outgoing arbitrator.

14.6 The arbitrator shall have full powers to review and/or revise any decision, opinion, directions certification or valuation of the Engineer in consonance with the contract.

15.0 APPLICABLE LAW

15.1 The Contract shall be governed by and interpreted in accordance with the laws in force in India. The courts of Rampur Bushahr / Shimla shall have exclusive jurisdiction in all matters arising under the Contract.

16.0 NOTICES

► Any notice given by one party to the other pursuant to this Contract shall be sent to the other party in writing or by cable telex or facsimile and confirmed in writing to the other party's address specified in NIT/NIQ.

► A notice shall be effective when delivered or on the notice's effective date, whichever is later.

17.0 ENGINEER IN CHARGE (EIC)

EIC of the work shall be DGM, (PH. Elect. Maint), NJHPS, SJVN Ltd. Jhakri, Distt. Shimla (H.P.), PIN 172201. All the post award communication is to be done with the EIC of the work.

18.0 CONSIGNEE

The Goods under this Contract shall be dispatched to the Consignee at the following address:-

Manager, (O&M Stores) Nathpa Jhakri Hydro Electric Project, SJVN Ltd., Jhakri, Distt. Shimla, (HP) Pin-172201 (INDIA) Phone No. 0091-1782-275041; Fax No. 0091-1782-234049

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(A Mini Ratna and Schedule A Company) (6X250MW CIN No...

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