NOTICE INVITING TENDER

Transcription

1 PANIPAT THERMAL POWER STATION A Unit of Haryana Power Generation Corporation Ltd. (An ISO:9001, ISO:14001 & OHSAS:18001 Certified Company) Assandh Road, Panipat Fax: , NOTICE INVITING TENDER Tender Enquiry No. PTP/POM B Description of item Personal Protective Equipments Last date of sale of tender documents Last date of submission of tender up to hrs. Date of opening of Part-I of tender at hrs. Earnest money Rs /- Cost of tender documents Rs. 1132/- ( including sale tax ) A) QUALIFYING REQUIREMENT: The Tender will be considered of those firms who are the original manufacturer or supplier of said/similar items having experience of manufacturing or supplying of the above said/similar items to Govt. owned Thermal Power Stations / Public Sector undertaking/ State Electricity Boards during last three years ending 31/03/2012 and submit single order copy for minimum value of Rs.4.00 lacs with Performance Report or repeat order from same organization. Note: - For verification of credentials, the firm is requested to attach copies of their documents (duly attested by Notary) along with tender documents. B) GENERAL CONDITIONS: 1. Tender documents can also be had from the office of Executive Engineer / Proc-(O&M) - I, PTPS, Panipat on all working days on payment of Rs. 1132/- (Non Refundable) (Cost of Document: Rs. 1000/- & S.Tax: Rs. 125/-) in cash at the counter or through DD in favour of Sr. A. O.-I, PTPS, Panipat payable on any scheduled Bank at Panipat. Under no circumstances the cost of tender is exempted. 2. In case the last date of sale / submission / opening of Tender is declared as holiday, the tenders can be purchased / submitted / opened on the next working day. 3. The Tender Document can be downloaded from HPGCL website also Before submitting downloaded tenders the instructions may be read carefully regarding submission of tender. 4. For accepting downloaded tenders the decision of HPGCL will be final in respect of qualifying requirement. 5. If required, the discussions in respect of prices will be held only with lowest bidder. 6. CE/PTPS-II reserve the right to cancel the NIT or to change qualifying requirement without assigning any reason. 7. Note: All the bidders are requested to drop their tenders/quotation in the tender box installed in the office of SE/MM& Stores upto 12:00 hrs of due date. After that no tender/quotation shall be accepted. XEN/Proc-I For CE/PTPS-II, PTPS, Panipat.

2 PANIPAT THERMAL POWER STATION A Unit of Haryana Power Generation Corporation Ltd. (An ISO:9001, ISO:14001 & OHSAS:18001 Certified Company) Assandh Road, Panipat Fax: , From Superintending Engineer, Materials Management & Stores PTPS, Panipat To M/s.... Memo No. : Ch- / POM B Dated. Subject: Tender Enquiry No. POM B due on for Supply of Personal Protective Equipments. Ref: - Your letter No. - Enclosed please find herewith a set of tender documents for the subject cited enquiry. While submitting the tender, the tenderers are requested to carefully go through the Terms & Conditions of Contract (Annexure- A ) and Specifications / Schedule of Delivery of Material (Annexure- B ) enclosed herewith. One copy of the tender documents shall be returned duly signed in token of acceptance of Terms and Conditions along with the tender. Besides this, tenderer shall specifically keep following points in mind, non-compliance of which may lead to rejection of their tender out rightly. 1 Tender should be submitted in sealed envelope duly signed and super-scribed with the word Tender Enquiry No. POM B Due on Consisting of following five envelopes.- i) Cost of tender documents in a separate envelope as prescribed in NIT (Non refundable) (In case tender document is from HPGCL web site). ii) Earnest Money in a separate envelope as prescribed in NIT. The envelope containing the Earnest Money should bear the word EARNEST MONEY AMOUNTING TO RS 20000/- ENCLOSED. iii) Proof duly attested by Notary Public in respect of qualifying criteria as specified in NIT. iv) Part-1 i.e. Technical Bid in a separate envelope. v) Part-2 i.e. Price Bid in a separate envelope. 2 Tender should be submitted in duplicate. 3 Telephonic / telegraphic tender or through Fax / , will not be entertained. 4 The date of validity of the tender will be considered from the date of opening of Price Bid. 5 Earnest money is the pre-condition for opening of the tender and your tender must accompany the earnest money as specified in the tender notice in separate envelope. 6 In case the documents submitted in respect of qualifying criteria are not as per NIT, the EMD deposited will be refunded in total and will be sent through speed post at the firms address mentioned in the tender. 7 In case tender is received after due date of opening, the same will not be considered. HPGCL will not be responsible for any delay in submission /receiving of tender on any other account. 8 The tenderer shall submit the documentary proof of being the Manufacturer /Authorized Dealer/ Importer/ Distributor. 9 It should be certified in Part-1 tender that your firm is not blacklisted by any Govt./Semi-Govt. Deptt. /PSUs etc. during the last 5 years & that you shall be liable for all consequences of wrong declaration. 10 In case the firm wants to take any deviations from the technical specifications & other terms & conditions of NIT, the deviations so taken should be submitted on a separate sheet indicating DEVATIONS in respect of NIT No. PTP/POM B otherwise it will be considered that the firm agree al terms & conditions of the NIT. 11 Chief Engineer/PTPS-II reserves the right to cancel any or all the tenders without assigning any reason. 12 HPGCL reserves the right to place order on more than one source. XEN/Proc-I, For SE/MM& Store, PTPS, Panipat

3 Annexure- A TERMS AND CONDIONS OF CONTRACT 1) In construction of terms and conditions of the contract and relevant specifications, the following words shall have their meaning herein assigned to them, unless the subject or context other wise require: a) The Purchaser shall mean the HPGCL and shall include its successors in office and assignees. b) The Supplier /Manufacturer shall mean the firm on which purchase order is placed and shall include the Supplier s legal representatives, successors, and assignees. c) Material shall mean & include the material to be supplied by the Supplier under the contract as per schedule of tender / bill of material. d) Specification shall mean and include the specifications as detailed in the Annexure attached herewith and Drawing attached thereto as well as samples and patterns, (if any). e) The Site shall mean and include lands & buildings over / under upon where the materials are to be installed and used in accordance with terms & conditions. f) Place of delivery shall mean the place of delivery at which the Supplier is responsible to deliver the materials at the contract price as specified. g) Commercial Use shall mean the use to which the material can be commercially used. h) Month shall mean a calendar month. i) The terms F.A.S, F.O.R, F.O.B., C.I.F. and other shipping dispatch terms as used hereon shall have meaning in accordance with their usage in India. j) Work shall mean and include supply of all materials, plants and equipment and rendering of other services by the Supplier under this contract. k) The HPGCL shall mean, Haryana Power Generation Corporation Ltd. and shall include its successors in office and assignees. l) Chairman shall be the Chairman of HPGCL only, duly appointed by the Govt. of Haryana. m) Consignee shall mean the officer to whom the material is required to be deposited or the person specified in the purchase order. n) Contract shall mean the Notice Inviting the tender, Instructions for bidder s, Tender Form, and conditions of contract with their annexure and Purchase Order / Acceptance of offer / tender. o) Drawing shall mean the drawing /drawings annexed to the specification (if any) or as approved by the purchaser. p) Purchasing Authority shall mean the officer signing the acceptance of tender and shall include any officer who has authority to execute the relevant contract agreement on behalf of the Purchaser. q) Purchase Order shall mean an order of supply of material including the acceptance of the tender. r) Annexure shall mean the Annexure to the terms & conditions. s) Test shall mean such test as is prescribed by the ISI or by the HPGCL and / or considered necessary by the authorized agent of the Purchaser whether conducted / performed or made by him or any other agency acting under his direction. t) Delivery shall be deemed to take place on delivery of material in accordance with terms of the Contract after test and inspection by the Purchaser or his authorized agent, to the consignee. 2) PARTIES: The parties to the Contract are the Supplier and the Purchaser, Legal address of the Parties to the Contract is as under: Supplier : M/s on which PO is placed. Purchaser : Haryana Power Generation Corporation Ltd., Urja Bhawan, Sector-6, Panchkula. For all purposes of the contract, including the arbitration there under address of the Supplier mentioned above, shall be entertained, unless the Supplier has notified a change of address by separate letter containing no other communication and sent by a Regd. Post (acknowledgment due) to the Purchaser. The Supplier shall be solely responsible for the consequences of an omission to notify the change of address in the manner aforesaid. 3) RESPONSIBILITY OF THE SUPPLIER FOR EXECUTION OF THE CONTRACT: i) Risk of Material:- The Supplier shall execute the Contract in all respect in accordance with these terms & conditions. The materials and every constituent part thereof, whether in possession or control of the Supplier, his agents or servants or in joint possession of the Supplier, his agent, Servants and the Purchaser, shall remain in every respects at the risk of the Supplier and Supplier shall be responsible for all loss, destruction, damage or deterioration of or to the material from any cause whatsoever while the material after test and inspection is awaiting dispatch or delivery or in course of transit from the Supplier to the consignee. The Supplier shall be entitled and responsible to make claims against the Railway Administration or other carrier in respect of non-delivery, short delivery, miss-delivery, loss, destruction, damage or deterioration of the material entrusted to such carrier by the Supplier for transmission to the Consignee. ii) Consignee s right of rejection: Not withstanding any approval which the Purchaser may have given in respect of the material, it shall be lawful for the consignee to reject the material or any part therefore of on behalf of purchaser within reasonable time after actual delivery thereof to him at the place or destination specified in the Schedule. If the material or any part or portion thereof is not in all respect in conformity with the terms and conditions of the contract, whether on account of loss, deterioration or damage before dispatch or during transit or otherwise howsoever. The provision relating to the removal of material rejected by the Purchaser or his authorized Agent shall, mutatis mutandis, apply to material rejected by the consignee as herein provided. iii) Subletting and assignment: The Supplier shall not, sublet, transfer or assign the contract or any part there of or interest therein or advantage thereof in any part thereof in any manner whatsoever without prior consent of the purchaser. 4) VALIDITY: The tender will be kept open at least for 90 days from the date of opening of price bid. If the firms are unable to keep their offer open for the specified period, they should specifically state the period for which their offer will remain valid but they must realize that such a provision may prevent their offer from being considered. However, the day up to which the offer remains valid is declared as Holiday for HPGCL offices, the offer shall be considered valid for acceptance till next working day. 5) TIME FOR SUBMISSION OF TENDERS AND DATE OF OPENING: The tenders are required to be submitted before the due date & time of opening of which shall be opened on dated at hrs. Tenders delivered, in person, should be submitted up to hrs., on the due date specified. The bidders or their authorized representative may remain present at the time of opening of the tender. Part-II will be opened on a subsequent date to be intimated later on. In the event of date of opening of tender is declared as holiday by HPGCL, the date of opening will be next working day. The tenders should be put in the tender box provided in the office of SE/MMStores, PTPS, Panipat. 6) PRICES: (i) The prices should be firm and F.O.R. destination basis inclusive of packing and forwarding, freight, transit insurance, duties and taxes etc. However the breakup of the F.O.R. destination prices should be indicated as per following details:-

4 a) Price b) Packing Charges c) Freight Charges d) Transit Insurance e) Excise duty if applicable f) Sale tax if applicable (ii) In case prices are quoted Ex-works, the following details are essentially required:- a) Ex works price b) Packing Charges c) Freight Charges d) Transit Insurance e) Excise duty if applicable f) Sale tax if applicable (iii) The rates should be quoted separately for each item (i.e. unit wise rate for each item) In the event of bidders requiring inclusion of variation clause, he should ensure to provide full details of Price Variation formula applicable to each item of supply and bring out precisely the actual increase / decrease in the price of each finished item for every rupee worth of increase / decrease in each item of raw material / component or wages relating thereto. Besides he should invariably quote a ceiling rate for each item of supply beyond which escalation shall not be permitted. (iv) ACCEPTANCE OR OTHER WISE OF ESCALATION CLAUSE FOR RAW MATERIAL WAGES, ETC. a) In certain tenders, it is likely that the tenderers may demand the inclusion of an escalation clause in the purchase order to protect themselves against any statutory increases in the prices of raw material/ component, wages, etc. While, ordinarily, only firm rates quoted by the tenderers shall be accepted, the provision of escalation clause may become necessary if the period covered by the purchase order for completion of supplies is sufficiently long. In such cases, where the tenderer wishes to include an escalation clause in his quotation, he should ensure that the clause provides full details of the escalation formula and brings out precisely the actual increase in the price of the finished item for every rupees worth of increase in each item of raw material/component of wages, to which the escalation applies. It is made clear that in case the term of escalation is accepted by the HPGCL the actual escalation claimed there under shall be admitted only on furnishing such documentary evidence, as may be required by the HPGCL, in support of the increase in respect of each item of raw material/component of wages etc. for which the escalation is claimed. b) It is further provided that even where the price escalation clause is included inescapably on the basis defined above, the total escalation in the final price shall be subject to a specified ceiling. The equivalent rate in the comparative statement in such cases will be arrived at after loading the quoted prices with the escalation ceiling quoted by the tenderer. c) No escalation shall be permitted in respect of any increase not arising out of the operation of any law and statutory or mandatory order of the Govt. of India or the concerned State Govt. Thus, the escalation shall be confined to such increase as Sea freight, Indian Railway s goods tariff, excise and customs duty, sales tax, octroi, prices of raw materials arising out of any statutory enactment or levies over which the supplier has no control, statutory awards by Wage Corporation, etc. d) Notwithstanding anything contained in the foregoing provisions of the Regulation no purchasing authority below the level of the Stores Purchase Committee shall place a purchase order containing a price escalation clause. v) Loading of tenders:- In order to make a proper and realistic comparison loading on various elements shall be done as under:- a) 0.5% of basic rates. b) of basic rates. c) of basic rates. 7) TOWN DUTY / OCTROI / TERMINAL TAX / LOCAL TAXES & DUTIES: Normally material to be supplied to HPGCL against contracts are exempted from the levy of town duty, terminal tax and other local taxes and duties imposed by Municipals and other local bodies. The Municipal / local body regulations at time, however, provide for such exemption only on production of an exemption certificate from an authorized officer. In such cases it will be the duty of the firm / Supplier to obtain such certificate. The HPGCL shall not be responsible to re-imburse these charges if paid by the firm / Supplier when they are not leviable unless otherwise allowed by the purchaser in writing. 8) DELIVERY PERIOD AND DAMAGE FOR DELAY: 8.1 The delivery of material as specified in the purchase order shall be the essence of the contract between the supplier and the Corporation, and the delivery of each consignment must, accordingly, be ensured on the date it is due in terms thereof. 8.2 No supplies/ consignments received after the date on which they were actually due according to the terms of the purchase order, shall be accepted by the consignee, except with the approval of the purchasing authority. In case the purchasing authority decides to accept a delayed supply, the supplier shall still remain liable to 0.5% per week or part thereof of the delay of the value of the goods so delayed where the part supply is acceptable and of the PO value where part supply is not acceptable, subject to a maximum of 5% of the total value of the delayed / undelivered supplies. 8.3 In case the delivery schedule provides lot wise delivery of material, lot wise penalty shall be imposed. 8.4 The delivery period shall be reckoned from the 7 th day of issue of P.O./ L.O.I. whichever is earlier. 9) Purchase Preference Purchase preference of the tendered quantities will be allowed as per policy of the State Government from time to time to the Industrial Units located in Haryana on the lowest valid rates provided: The manufacturer firm claims purchase preference in the tender; The manufacturer submits the registration certificate for the quoted items and valid purchase preference certificate issued by Industries Department along with the tender; The firm submits an undertaking that their sales office for the purpose of billing is based in Haryana and all the billings are/will be raised from Haryana only; The gross rates of the firm claiming Purchase Preference are not higher than 10% of the lowest valid gross rates received in tender and the Haryana based firm agrees to the lowest gross rates; Where more than one bidder claim Purchase Preference and fulfill all the above conditions 50% quantity covered under purchase preference will be divided between them on proportionate basis keeping in view the

5 quantity/delivery period quoted by them. Purchase preference will be accorded to the approved Central or Haryana State Public Sector Undertaking / Enterprises, provided that such approved source takes part in the bidding process and quoted prices of approved source is within 10% of the lowest acceptable price, other things being equal. However, such purchase preference would be available to the approved source only at the lowest acceptable price. 10) RIGHT OF ACCEPTANCE: This office does not bind itself to accept the lowest or any tender and reserves to itself the right to accept the whole or any part of their tender or portion of the quantity offered and the firm shall supply the same at the rates quoted. The firm is at liberty to tender for whole or any portion or to state in the tender that the rates quoted shall apply only if the entire order for all items is placed on them. Preference will be given to the bidders quoting for all items stipulated in the tender enquiry. 11) COMMUNICATION OF ACCEPTANCE: The purchaser will communicate to the firm about acceptance of their offer by E- mail / fax or by registered letter. In case where acceptance is communicated by / fax/ registered letter, the confirmation of the acceptance of offer will be forwarded to the bidder as soon as possible but the instructions contained in the / fax/ registered letter should be acted upon immediately. 12) CONDITION OF SUPPLIER: All terms & conditions should appear in the tender clearly. In case, any terms and conditions of contract mentioned herein are not acceptable to the tendering firms, they should specifically state deviations on a separate sheet. 13) CHANGES IN A FIRM: a) Where the Supplier is a partnership firm, a new partner shall not be introduced in the firm without the consent in writing of the purchaser which may be granted only upon execution of a written undertaking by the new partner to perform the contract and accept all liabilities incurred due to such undertaking given by the firm under contract prior to that date. b) In case of death / retirement of a partner: 1) On the death or retirement of any partner of the contracting firm before complete performance of the contract, the purchaser may at his option cancel the contract and in such case the contracting firm shall have no claim, what so ever, for compensation against purchaser. 2) If the contract is not terminated as provided in sub clause 1) above, not withstanding the retirement of a partner from the firm, Supplier shall continue to be liable under the contract for act of the firm until a copy of the public notice given by him under section 32 of the Partnership Act has been sent by him to the purchaser by registered post acknowledgment due. c) Consequence of Breach: Should the Supplier or a partner of the firm commit breach of either of the condition A) or B) 1) above, it shall be lawful for the purchaser to cancel the contract and purchase or authorize the purchase of material at the risk & cost of the contracting firm and in that event, provisions of relevant clause shall apply as applicable. The decision of HPGCL, as to any matter or thing concerning or arising out as the sub clause in any question whether the contract and the event of provision of the relevant clause shall as far as applicable apply. The decision of HPGCL, as to any matter or thing concerning or arising out as this sub clause in any question whether the Supplier or any partner of the contacting firm has committed a breach of any of the conditions on this sub clause contained shall be final & binding on the Supplier. 14) TECHNICAL PARTICULAR AND DEVIATION FROM SPECIFICATIONS: Material as per the specifications given in Annexure A is required. a. Normally deviation in specifications will not be acceptable where specifically mentioned. It would therefore be in the interest of bidder to study the specifications, drawings etc. in the tender schedules before quoting. b. The specifications are drawn up with a view to permit the adoption of modern standard design and practice of the manufactures. c. Bidders may submit additional alternative offer for the material / equipment without altering the basic requirement giving full details, necessary literature, test certificate and illustrations clearly indicating the advantages of the offered material / equipment over those called in the tenders. 15) EARNEST MONEY AND SECURITY DEPOSIT Every bidder,, while submitting his tender, shall be required to give the earnest money deposit specified in the NIT by way of demand draft drawn in favour of Sr. A.O, O&M-I, PTPS Panipat or by cash deposit (up to Rs.20000). Earnest money deposit shall necessarily accompany with the sealed tender in separate envelope, without which the tender shall be rejected outrightly. The following are exempted from depositing the earnest money:- i) Public Sector Undertakings of the Central/ Haryana State Government. ii) Firms borne on D.G.S. & D/DS&D Haryana rate contracts. ii) Firms registered with the Director of Industries, Haryana or registered with National Small Industries corporation, Govt. of India. iv) Firms borne on the HPGCL s approved list of suppliers which may have made a permanent earnest money deposit of Rs Lakh at the respective project/office of HPGCL, if they quote the Registration number given by the respective project/office of HPGCL in their tender papers Earnest money deposit furnished with the tender in the form of a cheque or in any other form not specifically approved by the HPGCL, shall not be accepted under any circumstances, nor shall a request from t the bidder, for the transfer of earnest money/ security deposit furnished against a previous tender to the tender under consideration, be entertained The earnest money furnished by the successful bidders on whom the purchase order is placed shall be converted into security deposit as a guarantee for faithful and satisfactory execution of the purchase order up to warranty period. Provided that for erection and construction works, projects and other services, the security deposit shall be 10 percent from the contractor s running payment bill. Provided further that the provision of this regulation may not apply to a Public Sector undertaking of the Central/ State Government with whom separate terms regarding Security Deposit, if any, may be negotiated / provided for Transfer of security deposit from one purchase order /Contract to another may be permitted in special cases and only after ascertaining from the purchasing authority and the Accounts Officer concerned that the security deposit proposed to be so transferred is free from all encumbrances and that the relevant contract from which it is being transferred has been completed and closed to the entire satisfaction of the HPGCL, including the redemption of warranty, and further that all drawings, samples or other property belonging to HPGCL as were issued for satisfactory execution of the purchase order/contract, have been returned by the bidder, in good condition The earnest money /security deposit taken from the firms under this regulation shall be forfeited in part or in full under the following circumstances:- If the bidder, withdraws his tender at any stage during the currency of his validity period, his earnest money shall stand forfeited in full. If the P.O. has been issued but the supplier refuses to comply with it, the earnest money deposited by him shall be forfeited in full, irrespective of whether the HPGCL sustains any loss on account of his default or not. This forfeiture shall be without prejudice to the right of HPGCL to claim any other damages as admissible under the law as well as to take such executive action against the supplier as black listing, etc. Where the purchase order has been complied with but the supplier stops makings the supplies after partially fulfilling the purchase order, the security deposit shall be retained and adjusted against any loss that may be caused to HPGCL through risk purchase from alternative source and /or any other damage recoverable from the supplier under the terms of the contract. In the event of a breach of contact in any manner, the security deposit shall be forfeited and adjusted against the claim of HPGCL on the supplier for any damages or for any loss sustained by HPGCL on account of such breach.

6 15.6 EMD is liable to be forfeited in case of evidence of cartel formation by the bidder,(s). Further, in cases where cartel formation amongst the manufacturer-suppliers is apparent, the concerned indenting departments are advised to file complaints with the Competition Commission of India and/ or other appropriate forums In cases where the PBG has been agreed by the supplier, the security deposit shall be released on the completion of the supplies. In other cases security deposit shall be released only after guarantee/ warrantee period. Wherever PBG is applicable the same will also be released after G/W period SECURITY: i) The successful bidder, immediately after receipt of letter of acceptance of his tender, shall furnish a security deposit equivalent to 2% of the accepted tender value after adjusting earnest money deposit as a guarantee for faithful and satisfactory execution of the contract. The security can be deposited either in cash at the counter or sent by crossed demand draft on any scheduled bank at Panipat in favor of Sr. A.O.(O&M-1), PTPS Panipat. The bank charges or any other charges, if any, will be borne by the Supplier and to be refunded after completion of supply. i) Security deposit by the bidder, in case of consumables, shall be released within 3 months of its use or on expiry of guarantee / warranty period whichever is earlier. iii) If the Supplier fails or regrets to observe or perform any of his obligations under the Contract, it shall be lawful for the Purchaser to forfeit either in whole or part, in his absolute discretion, the security-deposit furnished by the Supplier. The forfeiture of Security deposit shall be without prejudice to the right of the Purchaser to recover any further amount of any liquidated and / or other damages, undue payment or over payment made to the Supplier under this contract or any other contract. vi) No claim of the Supplier shall be entertained against the purchaser either in respect of interest or depreciation in the value of Security deposit. 16) DOCUMENTATION: 1. All bills / invoices whether in respect of an advance payment or part payment or full payment, shall contain complete details of code no. of the item, description of material, quantity supplied, reference to RR and goods challan no. and rates of items, details of extra claim etc. and the name of the consignee who shall receive / received the material and shall be submitted in triplicate, duly accompanied by the receipt goods challan, inspection note / test certificate in original, prescribed sales tax certificates and excise duty gate pass wherever required. In case of dispatch by rail, the invoice in triplicate along with RR and other documents mentioned above, shall be sent to Sr. Account Officer (O&M-I), PTPS, Panipat through State Bank of Patiala, Thermal Colony, Panipat with 4 th copy being sent directly to the consignee. 2. All freight charges whether paid or to be paid and whether chargeable to HPGCL or included in the quoted prices, shall be shown in the invoices separately. Where freight charges are paid by the Supplier from the station of dispatch and are recoverable from the purchaser, such charges shall be duly supported by the freight vouchers. 3. All bills and invoices shall be sent by the Supplier to Sr. A.O. (O&M-I), PTPS, Panipat for payment with a copy to consignee as well as to purchase department. 17) PACKING & BATCH MARKING: The method of packing which the Supplier is to employ should be described in the schedule of tender. Suppliers are at liberty to quote for additional alternative sizes and description of packing but they must conform to those described in the schedule of tender. Notwithstanding these requirements, the Supplier shall be entirely responsible for the safe transport of all material up to the destination. All machinery / equipment shall be assembled in the manufacturer s works and tested for satisfactory operation before dispatch. Every part of the material shall be batch marked and numbered by the Supplier where-ever necessary so as to facilitate the reassembly and erection at site. The Supplier shall properly clean the material / equipment and apply rust inhibitors etc. before packing. All closely machined parts shall be covered with an approved protective coating to prevent deterioration of surface during transportation and normal storages. 18) MODE OF TRANSPORT. The normal mode of transport for dispatch of material from supplier s end shall be by train / approved road transport. 19) TRANSIT INSURANCE: The material shall be insured against all risks and loss for its full delivered value up to the destination station. The insurance charges from dispatching station up to the destination station will be borne as per provision in the PO. The Supplier shall produce insurance cover and also a stamped acknowledgement receipt of the insurance company for the premium paid by them in support of their claim, if any. The consignee shall report losses damage to the Supplier at the earliest possible of the receipt of the consignment at the site. It will, however, be the responsibility of the Supplier to prefer timely claim on the insurance underwriters. The Supplier will make good the losses / shortages, replace / repair the damage to the consignee irrespective of the claim lodged / to be lodged with the insurance underwriters or other appropriate authorities. The Supplier shall supply or replace such material or parts as are lost in transit within reasonable time based on the delivery period free of charges. The stores and every constituent part there of in the possession of the Supplier, his agents or servants and the purchaser, shall remain in every respect at the risk of the Supplier until their actual delivery to the consignee at the stipulated place or destination. The Supplier shall be responsible for all loss, destruction, damage, deterioration of the material from any causes whatsoever while the material after approval by the inspector are awaiting a dispatch or delivery or are in the course of transit from the Supplier to the consignee. If insurance is in the scope of consignee, the firm will intimated to consignee advance about dispatch of material otherwise all the losses, if any will be in the account of supplier. 20) PAYMENT TERMS: One hundred percent payment shall be made within 07 working days of receipt of material at site in good conditions and after receipt of 10% PBG whichever is later. OR 95% payment against documents through bank within 07 working days on receipt of information from the bank and receipt of 10% PBG whichever is later and balance 5% after receipt of material in good condition. 21) FORCE MAJEURE: 21.1 The supplier shall not be made liable for any loss or damage due to delay in manufacture or delivery of the material /equipment on order as may result from any causes arising out of compliance with regulations, orders or instructions of the Central or State Governments, acts of God, acts of Civil & Military authority, fires, floods, strikes, lock-outs, freight embargoes, war-risk riots and civil commotion Whenever the supplier is not in a position to supply the material within the delivery period and he wants extension in the due date (s) of delivery under this clause, he will request for such extension of the delivery period along with all necessary evidence, before the expiry of the schedule date(s) of delivery. In no case, the delivery period shall be extended under this clause, in case the request is received after the due date of delivery has expired. Extension in the delivery period may be granted only for the period for which the completion of the work is proved by the supplier to have been delayed for circumstances mentioned in this clause In all such cases, the Corporation shall have the option to accept any portion of the balance material and cancel the order for the rest, provided, however, that if any material had been manufactured exclusively for the purchaser under this contract, prior to the commencement of the force majeure circumstance, it shall be accepted by the purchaser, and that secondly, the cancellation will be without any liability of corporation for damages on the part of the supplier Non availability of raw material or any other similar cause shall not be considered as a force majeure circumstance The decision of the Corporation in all matters under this Regulation shall be final and binding on the supplier. 22) RECOVERY OF SUM DUE: Whenever any claim for the payment of sum or money arising out of or under the contract against the Supplier becomes due, the purchaser shall be entitled to recover such sum by approval in whole or in part, and/or release security forming the whole or part of any such security deposit. In the event of the security being insufficient, the balance entire sum recoverable shall be recovered appropriating any sum due /

7 become due to the Supplier under this contract / any other contract with the purchaser or the Govt. For the purpose of this clause, the purchaser shall be entitled to recover such amount by appropriating in whole or in part any sum due to any partner of the firm whether in his individual capacity or otherwise. 23) WARRANTY: 23.1 The supplier shall be made responsible to replace free of cost, with no transportation or insurance-cost to the Corporation, up to the destination the whole or any part of the material which in normal and proper use proves defective in quality or workmanship, subject to the condition that the defect is noticed within 12 months from the date the material is received by the consignee or 18 months from the date of dispatch which ever period may expire earlier. The consignee or any other officer of the Corporation actually using the material will give prompt notice of each such defect to the supplier as well as the Purchase Authority and the Sr. A.O. The replacement shall be effected by the supplier within reasonable time, but not, in any case, exceeding 45 days. The supplier shall, also, arrange to remove the defective supply within a reasonable period, but not exceeding 45 days from the date of issue of the notice in respect thereof, failing which, the Corporation shall reserve the right to dispose of the defective material in any manner considered fit by it at the sole risk and cost of the supplier. Any sale proceeds of the defective material after meeting the expenses incurred on its custody, disposal, handling etc. shall, however be credited to the supplier s account and set-off against any outstanding dues of the Corporation against the supplier These provisions shall, also, equally apply to the replaced material. In case the material is again found to be defective within a period of 12 months of is replacement, it shall; also have to be replaced similarly. 24) DEMURRAGES : The Supplier shall give prior intimation at least 15 days before dispatch of material to the consignee for necessary funds. The Supplier shall be responsible for all demurrage charges due to late receipt of GR and nonreceipt of prior intimation of dispatch of material to the consignee. G.R. through bank other than specified one, will not be accepted. If any consignment and or its relevant shipping document are dispatched to an incorrect address / destination or parts of the case, the additional expenses involved & delay in delivery shall be to the Supplier s account. 25) INTIMATION OF PLACE AND DATE OF COMMENCEMENT OF MANUFACTURE: The Supplier shall intimate to the purchaser or his duly authorized agent, the place and probable date on which the manufacture of material is likely to commence to enable the purchaser or his agent to make arrangement for inspection during manufacture and witnessing the tests. 26) TESTS AND INSPECTION: 26.1 The inspection and tests shall normally be arranged at the supplier s premises before the material is dispatched to the Corporation, and copy of the inspection/ test report in such case shall be attached by the supplier in original along with Railway Receipt/ GR and other requisite document as per P.O. For this purpose, the supplier shall be required to give at least fifteen days notice to the purchasing authority, to arrange for the inspection of goods offered for dispatch on different occasions. Provided that the inspection and / or tests may be waived off, in special circumstance, by the Chief Engineer after recording reasons thereof, and the supplier shall be authorized, in writing, to send the consignment or consignments without the inspection. In such cases the supplier will attach a copy of the inspection waiver letter with Railway Receipt/ GR and other requisite documents as per P.O. Such material will however, be subject to inspection at the consignee s store and defects, if noticed any, shall be intimated within one week to the supplier for rectification or replacement of defective material as required, under intimation to the Purchase Department The material inspected by the Inspecting Officer of the Corporation at the suppliers end shall be duly marked with a clearly distinguishable identification mark so as to ensure that the inspected material has actually been dispatched by the supplier. Even so, if the material received is found to be defective/ deficient at the consignee s end, the fact shall be brought to the notice of the supplier forthwith and the defect got rectified or the material got replaced as may be necessary. It shall be the duty of the consignee to report of deficiencies/ defects not only to the supplier direct, but also to the purchasing authority concerned, Store and Accounts. The purchasing authority shall be responsible for ensuring that the payments made in respect of such material are adjusted / recovered in the event of the supplier s failure to rectify /replace the material It may be necessary in certain cases to prescribe the submission of test certificates issued by the supplier s own laboratories or any other agency specifically mentioned in the Purchase Order. In such cases, the purchasing authority shall further ensure that the prescribed certificate has been received and duly accepted by it, before settling the supplier s claims The Chief Engineer shall give clear instructions regarding the quantum and nature of inspection of tests to be carried out by the Inspecting Officers, of different types of equipments/ material. The purchasing authority will not only ensure compliance of these instructions but shall also take care to see that the facilities necessary for carrying out, the prescribed tests are made available to the Inspecting Officer at the point of Inspection to be carried out The inspection call received after expiry of delivery period may are may not be entertained Supplier shall dispatch the material immediately after inspection but not later than 7 (seven) days failing which the delay shall be on the part of supplier for the purpose of liveability of L.D. In case of waival of inspection within 7 days of receipt of waival letter and form ST-38 or 10 days of dispatch of waival letter and form ST-38 whichever is earlier. 27) TESTS AT MAKER S WORKS: All plant / material and equipment shall be designed, manufactured, supplied and tested in accordance with the provision in PO. Where no appropriate standard is available, tests shall be carried out in accordance with maker s standard practice with the prior approval of the purchaser. Copies of the English translation of the standard adopted shall be supplied. The manufacturer shall provide and forward to the purchaser, test certificates in triplicate having sufficient information on each certificate to identify the material / equipment to which it refers. 28) SPECIAL TESTS: If any special test, other than those provided in contract and the relevant specifications, is required by the Purchaser, that shall be paid by the purchaser over and above the contract prices. 29) TESTING FACILITIES DURING MANUFACTURE: The Manufacturer should have proper testing facilities & laboratory for testing the physical and chemical properties of the material during manufacturing. 30) TAKING OVER: The Consignee shall issue a taking over certificate after the material has been received at site, inspected, counted and / or measured and found to be good in condition and conforming to the requirement of the contract and the relevance specification and after the certified copies of test and inspection certificates have been duly furnished by the Supplier in accordance with clauses mentioned herein. In case where any of the tests and / or inspection have been held over vide above clause, the material shall be taken over after the said tests and / or inspection are satisfactorily carried out. No alterations, amendments, omissions, additions, suspension or variations (hereinafter referred to as variations) in the material shown in the bill of material (to be specified) shall be made by the Supplier except as directed in writing by the purchaser but the purchaser shall have full power, subject to the herein contained from time to time during the execution of the contract, by notice in writing to instruct to make such variations without prejudice of the contract and the Supplier shall carry out such variations and be found by the same conditions as far as applicable as though the said variation occurred in the specifications. In any situation variation should in the opinion of the contract or if carried out prevent the

8 Supplier in fulfilling any of its obligations or guarantees under the Supplier. The Supplier will notify the purchaser thereof in writing and the purchaser shall decide forthwith whether or not the same shall be carried out and if the purchaser confirms his instructions, the contract shall be nullified accordingly by mutual agreement. The difference of cost, if any, assessed by any such variations, shall be added to or deducted from the contract price as the case may be. The amount of such difference, if any, shall be ascertained and determined in accordance with the rates specified in the bills of material (to be specified) so far as the same may be applicable and where the rates are not contained in the bill of material or where the rats are contained therein are not applicable, shall be settled by the purchaser and the Supplier jointly but the purchaser shall not become liable to the payment of any charges in respect of any such variations, unless instruction for the performance of the same shall have been given, in writing by the purchaser or his duly authorized representative. The Supplier shall supply additional equipment or parts of the contract and shall deliver these at such heads as may be directed that such additional equipments or parts are required for use as spares in connection with the works, covered by the contract. Additional equipment, parts and spare up to 10% of quantities shall be supplied at contract price rates and for quantities above 10% of the quantities will be subject to mutual agreement. 31) ARBITRATION: 31.1 All matters, questions, disputes, differences and / or claims arising out of and / or concerning, and /or in connection with, and /or in consequence of, and /or relating to any contract under these Regulations, whether or not obligations of either of both the Supplier and the Corporation under that contract be subsisting at the time of such dispute and whether or not the contract has been terminated or purported to be terminated or completed, shall be referred to the sole arbitration of MD, HPGCL or an officer appointed by the MD, HPGCL as his nominee. The award of the Arbitrator shall be final and binding on both the parties to the contract The objection that the Arbitrator has to deal with matters, to which the contract relates, in the course of his duties or, he has expressed his views on any or all of the matters in dispute or difference, shall not be considered as a valid objection The Arbitrator may, from time to time, with the consent of the parties to the contract enlarge the time for making the award,. The venue of the arbitration shall be the place from which the acceptance of offer is issued or such other place as the Arbitrator, in his discretion, may determine All arbitration proceeding under this Regulation shall be governed by the provisions of the Arbitration and conciliation Act, 1996 and the Rule made there under, with any statutory modifications thereof for the time being in force. 32) LAWS GOVERNING CONTRACTS All contracts shall be governed by the laws of India for the time being in force Irrespective of the place of delivery, place of performance or place of payment under a contract, the contract shall be deemed to have been made at the place from which the acceptance of tender has been issued Jurisdiction of Courts- The courts of the place from where the acceptance of tender has been issued shall alone have exclusive jurisdiction to decide any dispute arising out of or in respect of the contract. 33) RISK PURCHASE: In the case of delay or non-supply of any or all the material on the dates they are due, the Corporation will have a right to refuse to accept such delayed supplies and to make the purchase of the material so delayed or not supplied from any alternative source or through departmental manufacture, at the sole risk and cost of the supplier. Any extra expenditure incurred on such purchase or departmental manufacture shall be recoverable in full from the supplier in addition to the Corporation s right or claim for applicable liquidated damages or penalty. 34) DETAILS OF CONFIDENTIAL: The Supplier shall treat the details of specification / tender documents as confidential and shall not be reproduced anywhere without written consent of the purchaser. 35) CANCELLATION: The purchaser reserves the right to cancel, amend or alter the order without assigning any reasons whatsoever at any time before the receipt of intimation to this office regarding dispatch or material to destination in whole or in parts. 36) INTERCHANGEABILITY: Supplier shall furnish interchangeability certificate, wherever applicable, that all the spares are identical in construction, interchangeable and suitable to the equipment already installed at PTPS Panipat. 37) SET OFF:- Any sum of money due and payable to the supplier under a contract (including security-deposit returnable to the supplier) may be appropriated by the Corporation and set-off against any claim of the Corporation for the payment of a sum of money arising out of under that or any other contract entered into by the supplier with the Corporation. Xen/Proc-I For SE/MM&Store, PTPS, Panipat

9 ANNEXURE- B SPECIFICATIONS / SCHEDULE OF DEIVERY OF MATERIAL (At least 15 days advance intimation shall be given by the Supplier to each consignee before the dispatch of material failing which demurrage, warfage charges will be to the account of Supplier. Copies of such intimation shall be sent to the purchaser also) S. Code No. Name of Item Name of Destination of Qty. to be Due Date for No. Specifications Consignee Consignment supplied the Supply DISPOSABLE FACE MASK,ISI MARKED OF FIRE FIGHTING SYSTEM : SAFETY ITEM : SUBSYSTEM:GENERAL ITEMS SPECIFICATIONS: Confirming to BIS-9473:2002 international approval As/NZS & more secure fire & seal, no trouble in vision, light weight & comfortable, prevents slipping & constant seal, filtering efficiency upto 0.3 micron, low resistance in breathing SAFETY GOGGLES,ISI MARKED OF FIRE FIGHTING SYSTEM : SAFETY ITEM : SUBSYSTEM:GENERAL ITEMS FOR DUST, GRINDING, ACID, ELECTRICAL FLASH SPECIFICATIONS: Confirming to ANSIZ , IS-7524, CE approved, EN-166, PVC frame & polycarbonate lens 100%, pressure free fit, proper ventilation system, fog free vision & 180º of vision, impact & scratch resistance lens, zero power, UV proof HELMET HDD/PVC OF FIRE FIGHTING SYSTEM: SAFETY ITEM SUBSYSTEM:GENERAL COMPLETE SPECIFICATION OF THE SAFETY HELMET ARE AS UNDER:- 1. IS 292S-184, EN STRONGER SURFACE STRENGTH FOR MORE SAFETY. 3. COMFORT & ERGONOMICS 4. SMOOTH & FINISH 5. SHOCK ABSORBER 6. EASY TO USE. 7. DESIGN TO PERMIT AIR FLOW 8. MATERIAL OF HIGH DEGREE OF PENETRATION (PENTRATION TEST) NON SKIN IRRITANT, LOCKING SYSTEM. 9. ELECTRIC RESISTANCE UP TO 440V. 10. HIGH DEGREE FLAMMABILITY RESISTANCE. Xen/Stores, PTPS, Panipat Xen/Stores, PTPS, Panipat Xen/Stores, PTPS, Panipat Store(O&M) PTPS,Panipat Store(O&M) PTPS,Panipat Store(O&M) PTPS,Panipat 4722 NO 02 months from date of PO NO 02 months from date of PO NO 02 months from date of PO. Signature & Stamp of Supplier

10 Tender Enquiry No. PTP/POM B SCHEDULE OF TENDER Due on The tender shall remain open for acceptance till 13.00hrs. Due date of delivery goods Item No. Description of goods Specification No. of sealed latter no. No. Qty. ANNEXURE- D Or Unit As per annexure- B (The special instruction and condition or contract applicable to this tender are attached to this schedule) The exact date up to which the tender will remain open for acceptance will be filled in here. NOTICE:- Tender sample: - Analysis is report on tender Sample will not be furnished. II. QUANTITIES OFFER BY TENDERS:- Tender should if not in position to entire quantity and for delivery as required, state specifically the quantities witch they can delivery at the price quoted and according to the required delivery. Silence on their part, will entail responsibility for supply at quoted prices, of full quantities. III. ALTENATIVE PACKING:- Where alternative packs are given tenderer must quote prices for all alternatives given, otherwise it will be assumed that they are unable to / unwilling to supply in the packs for which they do not quote. No further correspondence will be made to them on the subject.