GUJARAT INDUSTRIES POWER COMPANY LIMITED (Surat...

$: GUJARAT INDUSTRIES POWER COMPANY LIMITED (Surat …etender-services.gipcl.com/etender/download1.jsp?id=C:\apache... · of offer 20.07.2016 up to ... estimated quantities set forth$
E-Tender for appointing contractual agencies for providing services for carrying out Survey, Housekeeping works & Carrying out Statutory, Environment and Water quality surveys to be Carried out at Vastan Mine, Mangrol & Valia mine from 01.08.2016 to 31.07.2017.

1 of 37

GUJARAT INDUSTRIES POWER COMPANY LIMITED

(Surat Lignite Power Plant) AT & POST NANI NAROLI, TALUKA: MANGROL, DIST: SURAT, PIN 394110 (GUJARAT)

Phone Nos.: EPABX (02629) 261063 to 261072, fax Nos.: (02629) 261112, 261080

TENDER DOCUMENTS FOR;

Appointing contractual agencies for providing services for carrying out

Survey, Housekeeping works & Carrying out Statutory, Environment and Water quality surveys to be Carried out at Vastan Mine, Mangrol Mine & Valia Mine from 01.08.2016 to 31.07.2017

(2016).

Bid No.: SLPP / Vastan MINES / Survey work / 2016/

INSTRUCTIONS TO BIDDERS & CONDITIONS OF

CONTRACT


2 of 37

NOTICE INVITING TENDER (NIT) TENDER NO.: Bid No.: SLPP/Mine/ survey /2016

Name of work Appointing contractual agencies for providing services for carrying out Survey, Housekeeping works & Carrying out Statutory, Environment and Water quality surveys to be Carried out at Vastan, Mangrol & Valia Mine from 01.08.2016 to 31.07.2017

Place of work Vastan Mine, Mangrol Mine & Valia mine of SLPP

Quantity The successful bidder will be awarded this contract involving

total quantities as mentioned against item descriptions in

BOQs.

Contract period From 01.08.2016 to 31.07.2017.

Tender Fees Rs. 2,000/- (Rupees Two Thousand only) not refundable

EMD Rs. 75,000/- (Rupees Seventy Five Thousand only) by

Demand Draft payable at Mosali-Surat/Nani Naroli/Surat or

Bank Guarantee in favor of GIPCL from approved Banks

mentioned in this tender.

Availability of online e-Tender

document

On website: http://etender.gipcl.com/

Downloading of tender

document from website

From 21/06/2016 to 20/07/2016 up to 17:30 hrs.

Last date of online submission

of offer

20.07.2016 up to 17:30 hrs. on website:

http://etender.gipcl.com/

Pre-bid Meeting 29.06.2016 at 3:30 PM at Conference hall Admin. building

Submission of EMD and other

supporting documents for

technical bid in physical form.

Up to 21.07.2016 at office of Surat Lignite Power Plant (SLPP),

Nani Naroli, Dist. Surat. during office hours (08.30 hrs. to 17.30

hrs.)

1. Amendment / corrigendum of the tender document, the forms, schedules etc. may be done

any time by the GIPCL during the period of publication of tender in the website. The bidders are required to visit the website regularly till the last date of bid submission (i.e. 20.07.2016).

2. GIPCL reserves the right to reject any or all the tenders or split the work among the bidders without assigning any reason thereof.

3. The bidders are required to quote the rate strictly as per the terms and conditions mentioned in the tender document. The conditional tender will not be entertained and shall be liable for outright rejection.

4. The bidders are required to submit their bids on-line in the website http://etender.gipcl.com 5. The documents to be submitted in physical form along with EMD as mentioned above would

be deposited in the following address up to 21.07.2016 during office hours:- Shri N K Purohit General Manager (Mines),

Gujarat Industries Power Company Limited Surat Lignite Power Plant At Village: Nani Naroli, Taluka: Mangrol, Dist.: Surat - 394 110, Gujarat. Phone : (02629) 261063-72.

http://etender.gipcl.com/


3 of 37

VOLUME-I :- Scope of Enquiry, Instruction to Bidders, General Notes of Contract and

Per-forma of the BID etc

SECTION-A Scope of Enquiry - includes description of the ‘Specification’ document, definitions and the list of contents. It also includes Time schedule, instructions to the BIDDERS & Specific non technical requirements. SECTION-B Instructions to Bidders- includes instruction and procedures required for online tendering, Pre qualification & Technical requirement, detail of EMD, Time schedule & Specific non technical requirements. SECTION-C Instruction for online tendering. SECTION-D Pro-forma of BGs for EMD, …

VOLUME-II :- General & Special Conditions of Contract.

SECTION-A

Scope Of Work And Special Conditions Of Contract SECTION-B

Checklist For Passing The Bills For The Month Of: Compliance Of Labour Laws Pro-Forma Of Bank Guarantee For Order Performance Performa Certificate (No Claim, No Arbitration)

------------------


4 of 37





Appointing contractual agencies for providing services for carrying out Survey, Housekeeping works & Carrying out Statutory, Environment and Water quality surveys to be Carried out at Vastan Mine, Mangrol Mine & Valia Mine from 01.08.2016 to 31.07.2017

(2016).

Bid No.: SLPP/Mine/Survey /2016/

Volume - 1

SCOPE OF ENQUIRY,

INSTRUCTION TO BIDDERS,

GENERAL NOTES OF CONTRACT AND

PER-FORMA OF THE BID ETC

GUJARAT INDUSTRIES POWER COMPANY LIMITED (Surat Lignite Power Plant)


5 of 37

SECTION-A of Volume - I

SCOPE OF ENQUIRY

Subject:- For appointing contractual agencies for providing services for carrying out Survey, Housekeeping works & Carrying out Statutory, Environment and Water Quality surveys to be Carried out at Vastan Mine, Mangrol & Valia mine from 01.08.2016 to 31.07.2017. 1.0 SCOPE

Gujarat Industries Power Company Limited (GIPCL) (henceforth be named OWNER), is a premier power utility in the state of Gujarat with an installed capacity of 810 MW+ 5 MW Solar plant.

Surat Lignite Power Plant (SLPP) with four units of capacity 125 MW plus 5 MW Solar plant each is located at village: Nani-Naroli, Taluka: Mangrol, District: Surat in Gujarat and has also developed its own Lignite Handling System, Lignite and Lime stone mines close to the Power Plant. The plant is based on Circulating Fluidized Bed Combustion technology for the boilers where lignite is burnt along with limestone in the furnace of the boiler.

The scope of work covered by this specification, in general comprises, Tender for appointing contractual agencies for providing services for carrying out Survey, Housekeeping works & Carrying out Statutory, Environment and Water quality surveys to be Carried out at Vastan Mine, Mangrol & Valia mine from 01.08.2016 to 31.07.2017. 2.0 DEFINITION OF TERMS AND SPECIFICATIONS DOCUMENTS 2.1 DEFINITION OF TERMS

2.1.1 OWNER / PURCHASER shall mean the GUJARAT INDUSTRIES POWER CO. LTD., the client, on whose behalf the enquiry is issued by the Engineer-in-charge and shall include his successors and assigns as well as his authorized officers / representatives. ENGINEER shall mean authorized representative of OWNER, who will co ordinate with CONTRACTOR, supervise the work of CONTRACTOR; give instructions to CONTRACTOR, etc…

2.1.2 BIDDER / TENDERER shall mean the firm / party who quote against an enquiry. 2.1.3 VENDOR / CONTRACTOR shall mean the successful BIDDER whose bid has

been accepted by the OWNER / PURCHASER and on whom the ‘Contract’ or ‘Purchase Order’ is placed by the OWNER / PURCHASER and shall include his heirs, legal representatives, successors and permitted assigns.

2.1.4 SUB-VENDOR / SUB-CONTRACTOR / SUB-FABRICATOR shall mean the

person named in the contract undertaking a part of the work or any person to whom a part of the contract has been sublet with the consent in writing of the OWNER / PURCHASER and shall include his heirs, legal representatives, successors and permitted assigns.


6 of 37

2.1.5 MANUFACTURER refers to a person or firm who is the producer and furnisher of material or designer and fabricator of equipment to either the OWNER / PURCHASER or the VENDOR / CONTRACTOR or both under the contract.

2.1.6 OWNER shall mean other than successful BIDDERs whose bids have been accepted by the OWNER / PURCHASER and to whom the orders have been placed by the OWNER / PURCHASER and shall include their heirs, legal representatives, successors and permitted assigns.

2.1.7 Site shall mean the actual place of the proposed work as detailed in the

specification or other place where work has to be executed under the contract. 2.1.8 Month shall mean calendar month. 2.1.9 Specification shall mean collectively all the terms and stipulations contained in

those portions of the contract known as general conditions, the specifications and such amendments, revisions, deletions or all written agreements made or to be made pertaining to the method and manner of performing the work or to the quantities and qualities of the materials to be furnished under this contract.

2.1.10 Bid shall mean the proposal / document that the BIDDER submits in the

requested and specified form in the specification.

2.1.11 Plant or Equipment or tools & tackles and work or works shall mean respectively the goods to be supplied and services to be provided by the VENDOR / CONTRACTOR / FABRICATOR under the Purchase Order or Contract.

2.1.12 Contract or Purchase Order shall mean the order and associated specifications

executed by the OWNER / PURCHASER and the VENDOR including other documents agreed between the parties or implied to form a part of the contract.

2.1.13 The word Contract Price shall mean either the lump sum named in the contract

agreement or the approximate total of all cost as estimated from unit prices and estimated quantities set forth in the contract which is to be paid to the CONTRACTOR for the work to be done under this contract.

2.1.14 Date of Contract shall mean the calendar date on which the OWNER /

PURCHASER and VENDOR / CONTRACTOR / FABRICATOR have signed the contract. Effective date of contract shall mean the calendar date on which the OWNER / PURCHASER have issued to the VENDOR the Letter of Intent.

2.1.15 Contract Period shall mean the period during which the contract shall be

executed as agreed between VENDOR / CONTRACTOR / FABRICATOR and OWNER / PURCHASER in the contract and it starts with the date of Letter of Intent.

2.1.16 Guarantee Period shall mean the period during which the Plant or Equipment

shall give the same performance as guaranteed by the VENDOR in the schedule of guarantee as in the Specification.

2.1.17 Approved and Approval where used in the specification shall mean, respectively,

approved by and approval of the OWNER / PURCHASER or the PROJECT CONSULTANT. When the words Approved, Approval, subject to Approval, Satisfactory, Equal to, Proper Requested, as directed, Where Directed, When Directed, Determined by, Accepted, Permitted, or words and phrases of like import are used, the approval,


7 of 37

judgment, direction etc. is understood to be function of the OWNER / PURCHASER or the PROJECT CONSULTANT.

2.1.18 Writing shall include any manuscript, typewritten or printed statement, under or

over signature and / or seal as the case may be. 2.1.19 ‘Notice in Writing’ or ‘Written Notice’ shall mean a notice in written, typed or

printed characters sent (unless delivered personally or otherwise proved to have been received) by registered post to the last known private or business address or registered office of the addressee and shall be deemed to have been received when in the ordinary course of post it would have been delivered.

2.1.20 “CONTRACTOR’s Works” or “MANUFACTURER’s Works” shall mean and

include the land and other places which are used by the VENDOR / CONTRACTOR / FABRICATOR or SUB-VENDOR/ SUB-CONTRACTOR / SUB-FABRICATOR for the manufacture of ‘Equipment or performing the ‘Works’.

2.1.21 ‘Virtual Completion’ shall mean that all work is completed as directed and the

‘Site’ is cleared to the satisfaction of the OWNER / PURCHASER / PROJECT CONSULTANT.

2.1.22 ‘Commercial Use’ shall mean that use of the ‘Equipment or ‘Work’ which the

‘Contract’ contemplates or that for which ‘Equipment’ or ‘Work’ is commercially capable.

2.1.23 Word “importing persons” shall include Firms, companies, corporations and other

bodies, whether incorporated or not. 2.1.24 Word “import” (singular only) shall also include the plural and vice versa, where

the context requires. 2.1.25 ‘Act of Insolvency’ shall mean any Act of Insolvency as defined by the

Presidency Towns Insolvency Act, or the Provisional Insolvency Act or any amending statute.

2.1.26 Wherever figures are given in this contract under the word ‘Elevation’ or an

abbreviation of it or where figures representing elevations are given, they shall mean the elevation relative to the arbitrary permanent bench mark fixed by the PROJECT CONSULTANT for the particular work, located as shown on site plan or datum level established by the OWNER.

2.1.27 Wherever in this contract, the words Directed, Required, Ordered, Designated,

Considered Necessary, Prescribed or words like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription, etc.. of the owner is intended. Similarly, the works ‘Approved, Acceptable, Intended, Satisfactory, or words of like import shall mean approved by or acceptable or satisfactory to the owner, unless another meaning is plainly intended.

2.1.28 Award of Contract shall mean the date of issue of the letter of intent.

2.2 SPECIFICATION DOCUMENTS This ‘Specification Documents’ consists of two volumes as listed and all of these are to

be considered together for correct understanding and interpretation of the specifications.


8 of 37

SECTION - B of Volume - I

INSTRUCTIONS TO BIDDERS

1. PLANT SYNOPSIS

Gujarat Industries Power Company Limited (GIPCL) (henceforth be named OWNER), is a premier power utility in the state of Gujarat with an installed capacity of 815 MW. Surat Lignite Power Plant (SLPP) with four units of 125 MW capacity each, is located at village: Nani Naroli, Taluka: Mangrol, District: Surat and its Pump houses (intake wells) situated at village: Bodhan & Patna, Taluka: Mandvi, District: Surat in Gujarat. GIPCL has also developed its own Lignite and Lime stone mines close to the Power Plant. The plant is based on Circulating Fluidized Bed Combustion technology for the boilers where lignite is burnt along with limestone in the furnace of the boiler.

2. LOCATION OF THE WORKSITE

Vastan , Mangrol & Valia lignite mines of Surat Lignite Power Plant are accessible by road from Kim and Kosamba, which are on Mumbai - Ahmedabad highway. From Kosamba, the main Plant is around 32 kms, out of which 27 kms is part of the National and state highway and balance 5 kms is district road. From Kim, the Plant is around 18 kms, out of which 13 kms is the state highway and balance 5 kms is district road. The nearest broad gauge railway line is at Kim, which is around 21 kms from the Power Plant. Surat is approximately 50 km from the worksite. Lignite mines is situated at village: Vastan & Mangrol, Taluka: Mangrol, Dist: Surat about 8 kms from the Power Plant.

3. GENERAL INSTRUCTIONS

3.1 Bids shall not be accepted after the time and date fixed for receipt of Bids as set out in the 'Invitation for Bid'. Bids received after the above time and date so fixed, will not be considered.

3.2 The owner at their discretion may extend the deadline for the submission of Bids by amending the Bidding Documents in accordance with Clause 5.3, in which case, all rights and obligations of the owner and bidders previously subject to the deadline will thereafter be subject to the deadline as extended.

3.3 Bidder shall bear all costs associated with the preparation and delivery of their Bid, and the owner will, in no case, be responsible or liable for these costs.

3.4 In the event that the successful Bidder is a joint venture formed by two or more companies, the parties to the joint venture shall accept jointly and severely all the liabilities and obligations of the Contract.

3.5 Modification and Withdrawal of Bids

3.5.1 The Bidder may modify or withdraw their Bid on line only till last date of on line submission as mentioned in NIT.

3.5.2 No Bid shall be modified subsequent to the deadline for submission of Bids. 3.5.3 No Bid shall be withdrawn in the interval between the deadline for submission of

Bids and the expiry period of bid validity.


9 of 37

3.6 SITE VISIT

The bidder is advised to visit the site after downloading the tender copy from http://etender.gipcl.com/ to study the actual working conditions, before submitting their offer. The bidders shall examine the site of works and its surroundings and obtain for himself at his own responsibility all information that may be necessary for preparing the bid and entering into a contract. All costs and liabilities arising out of the site visit shall be at bidder’s account.

Any error in description or quantity or omission in the contract document shall not vitiate the contract or release the contractor from executing the work comprised in the contract according to drawings and magnitude of the works and requirement of materials, equipment, tools and labour, etc., and as to what all works he has to complete in accordance with the contract documents irrespective of any defects, omissions or errors that may be found in the contract documents. The tenderer is deemed to have examined and understood the tender document, obtained his own information in all matters whatsoever that might affect the carrying out the works expressly mentioned or works which may have to be carried out to fulfill his contractual obligation within the scheduled rates and to have satisfied himself to the sufficiency for his offer.

4. ELIGIBILITY CRITERIA

01. Bidder should possess minimum 02 years of experience in similar nature job and should enclose proof of the same.

02. The Bidder should have minimum turnover of Rs.15 Lacs (Rupees Fifteen Lacs

only) for last 02 years out of last three financial years. Balance sheet of yearly turn over with CA certificate to be attached.

03. Bidder should possess valid PF Number. Bid without proof of the same shall be

rejected. PF number should be from the State of Gujarat. 04. Bidder should enclose P.F. code allotment letter along with Labor Licenses and

E.C.Policy copies of previous order. 05. The bidder has to submit INCOME TAX Permanent Account Number (PAN) of

the firm. Register copy of the same to be submitted. 06. Bidder has to submit service tax registration number. Copy of same should be

submitted.

07. Undertaking to understand and accept tender document terms and condition .

5. BID DOCUMENTS

CONTENTS OF BIDDING DOCUMENT The bid is required to be submitted online at http://etender.gipcl.com/ only by the date and time prescribed in the tender notice.


10 of 37

5.1 The Bidder is expected to examine all instructions, forms, terms and specifications in the Bid Documents. Failure to furnish all information required in the Bid Documents or submission of a Bid not substantially responsive to the Bid Documents in every respect may result in rejection of the Bid.

5.2 Clarification of Bidding Documents

Prospective Bidders requiring any further information or clarification of the Bidding Documents may notify the Owner in writing or by Fax at the Owner's mailing address indicated in the 'Invitation to Bids'. The Owner will respond in writing to request for information or clarification of the Bidding Documents which it receives at least a week earlier than the deadline for the submission of Bids prescribed by the Owner. The Owner's response (including an explanation of the query) will be sent in writing or by telex / cable/ Fax to all prospective Bidders who have received the Bidding Documents.

5.3 Amendment of Bidding Documents

5.3.1 At any time prior to the deadline for submission of Bids, the Owner may, for any reason, whether at their own initiative or in response to a clarification requested by prospective Bidder, modify the Bidding Documents by amendment. Bidder is requested to visit web site frequently till last date.

5.3.2 In order to afford prospective Bidders reasonable time in which to take the amendment into account in preparing their Bids, the owner may, at their discretion, extend the deadline for the submission of Bids.

5.4 DOCUMENTS COMPRISING THE BID

The bidder shall prepare the bid document in two parts:

Part- I Technical Bid: Consisting of of EMD & Tender Fees as per clause no. 8. The

preliminary bid is to be submitted online where the details of EMD has to be mentioned. The following documents are to be submitted in physical form.

The prequalification bid shall consist of following details:

01. Bidder should possess minimum 02 years of experience in similar nature job and should enclose proof of the same.

02. The Bidder should have minimum turnover of Rs.15 Lacs (Rupees Fifteen Lacs

only) for last 02 years out of last 03 financial years. Balance sheet of yearly turn over with CA certificate to be attached

03. Bidder should possess valid PF Number. Bid without proof of the same shall be

rejected. PF number should be from the State of Gujarat. 04. Bidder should enclose P.F. code allotment letter along with Labor Licenses and

E.C.Policy copies of previous order. 05. The bidder has to submit INCOME TAX Permanent Account Number (PAN) of

the firm. Register copy of the same to be submitted. 06. Bidder has to submit service tax registration number. Copy of same should be

submitted.


11 of 37

07. Undertaking to understand and accept tender document terms and condition 09 copy of Labor licence of minimum 28 person to be submitted by contractor. Part – II price bid: Consisting of the price schedule only to be submitted online before the stipulated time and date. The Schedules provided in these bidding documents shall be used without exception. The price shall be inclusive of all man-power, consumables, materials (except specifically mentioned free issue materials in item nomenclature), equipments, tools & tackles, transportation, safety and statutory compliance, all taxes and duties (except service tax if applicable), mobilization and de-mobilization etc. If the EMD not found in the sealed technical bid document cover or if the amounts thereof are found short, the tender will not be considered for scrutiny and will be out rightly rejected.

6. LANGUAGE OF BID

As per E-Tender.

7. TIME SCHEDULE

The basic considerations and the essence of the 'Contract' shall be the strict adherence to the time schedule for performing the specified 'Works' .

8. EARNEST MONEY DEPOSIT (EMD) & TENDER FEE

8.1 The Bidder shall deposit a EMD and Tender Fees of Rs. 75,000/- (Rupees

Seventy five thousand only) and Rs 2,000/- (Rupees Two thousand only)

respectively shall accompany with bid. The EMD and Tender Fees shall be in

the form of crossed bank Demand Draft in favor of Gujarat Industries Power Co. Ltd. as per following details Bank Payable at : 1. Bank of Baroda Mosali, Dist: Surat 2. State Bank of India Nani Naroli, Branch Code: 13423

3. Any other banks Surat

8.2 The EMD may, in the alternative, be submitted in the form of an irrevocable Bank

Guarantee (‘BG’) in favour of Gujarat Industries Power Co. ltd. from (a) All Nationalized Bank including the public sector Bank or Private sector Bank

(i.e. IDBI Bank, AXIS Bank, HDFC Bank, and ICICI Bank only) or (b) Commercial Bank (Kotak Mahindra Bank, Yes Bank, Ratnakar Bank, IndusInd

Bank, Karur Bank, DCB Bank, ING Vysya Bank) or (c) Co-operative Bank ( The Kalupur Commercial Bank Ltd., Rajkot Nagrik Sahkari

Bank Ltd., The Ahmedabad Mercantile Co-operative Bank Ltd., The Mehsana Urban Co-operative Bank Ltd., Nutan Nagrik Sahkari Bank Ltd.) As per Performa of BG enclosed with this e-tender in Annexure-A.

8.3 In case EMD is paid in the form of BG, the same shall be valid for a period of

180 days after the due date set for opening of the bids.


12 of 37

SECURITY DEPOSIT As a Contract Security, the successful Bidder, to whom the work is awarded shall be required to furnish a Performance Bank Guarantee (PBG) from any Public Sector Bank / IDBI Bank / ICICI Bank / HDFC Bank / AXIS Bank/Kalupur commercial Co.Op.Bank ltd, in the format attached as Annexure-VII in favour of the OWNER or alternatively by DD in favour of GIPCL within seven days of awarding of the LOI. No interest shall be payable on the Security Deposit. The guarantee amount shall be equal to 5% (5 percent) of the contract value. The PBG shall be valid for the entire period of the contract. The claim period of BG shall be upto 03 three months from the date of completion of contract. If the claim period is not given by bank BG shall be valid for contract period plus three months..

9. SUBMISSION OF BIDS

Submission of bids will be online only. The bids shall be submitted online in two parts

viz. Part 1 (Details of Pre-qualification Bid + EMD), and Part 2 (Price Bid). The submission of a price bid by the BIDDER will be construed as evidence that the bidder has accepted all the terms and conditions of this contract. All quotations and correspondences pertaining to bid shall be in English. Documents as per clause 5.4 shall be submitted along with EMD at following address during the period specified in NIT in sealed envelope.

General Manager (Mines), GUJARAT INDUSTRIES POWER CO. LTD.,

Surat Lignite Power Plant Village - Nani Naroli, Taluka - Mangrol District - Surat 394 110, Gujarat Phone : EPABX (02629) 261 063 to 261 072 (10 lines) Fax : (02629) 261 073 / 261 074 The envelope shall be clearly marked with TENDER FOR PROVIDING SERVICES FOR

CARRYING OUT SURVEY AND HOUSEKEEPING WORKS AT VASTAN, MANGROL&

VALIA LIGNITE OPENCAST MINE. OF M/S GUJARAT INDUSTRIES POWER

COMPANY LIMITED 10. SIGNATURE ON BIDS

10.1 The Bid must contain the name, residence and place of business of the person or persons making the Bid and must be signed and sealed by the Bidder with his usual signature. The name of all persons signing should also be typed or printed below the signature on each page.

10.2 Bid by a partnership firm must furnish registered partnership deed with full

names of all partners and be signed with the partner’s names, followed by the signature and designation of one of the authorized partners or other authorized representative(s).

10.3 Bids by a Corporation / Company must be 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.


13 of 37

10.4 The Bidder's name stated on the proposal shall be the exact legal name of the firm.

10.5 Erasures or other changes in the Bid Documents shall be initialed by the person

signing the Bid. 10.6 Bids not conforming to the above requirements of signing shall be disqualified.

11. INFORMATION REQUIRED WITH THE BID

Bidder should clearly indicate along with the details called for in the bid, the plants where the bidder have undertaken similar work and also certificates from clients.

12. UNDERSTANDING AND CLARIFICATION ON DOCUMENTS AND SPECIFICATION

The Bidder is required to carefully examine the specifications and documents, all the conditions and matters, which may, in any way, have bearing on the 'Works' or the cost thereof. If any Bidder finds discrepancies or omissions in the specifications and documents or is in doubt as to the true meaning of any part, he shall at once request in writing for an interpretation/ clarification to the OWNER in techno-commercial bid or seek clarifications during techno-commercial discussion.

All such interpretations and clarifications shall form a part of the specifications and documents and accompany the Bidder's proposal.

12.1 DEADLINE FOR SUBMISSION OF BIDS

On line submission of bid is open up to 20.07.2016. Documents to be submitted in physical form up to 21.07.2016 during office hours.

GIPCL may at its discretion, extend the deadline for submission of on-line bids in which case all rights and obligations of GIPCL and the bidders previously subject to the original deadline shall, thereafter, be subject to the new deadline as extended.

12.2 LATE BIDS:

On line bidding will be closed on 20.07.2016. at 05.30 PM

12.3 MODIFICATION AND WITHDRAWAL OF BIDS

The bidder can neither modify nor withdraw his bid once the bid has been submitted online after last date of submission. Withdrawal of a bid during the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the bidder in the Form of Bid may result in the forfeiture of the bid security pursuant to clause 8.6.


14 of 37

13. POLICY FOR BIDS UNDER CONSIDERATION

13.1 Bid shall be deemed to be under consideration immediately after they are evaluated and until such time official intimation of award/rejection is made by the Owner to the Bidders. While the Bids are under consideration, Bidders and / or their representative or other interested parties are advised to refrain from contacting by any means, the Owner and/or his employees. The OWNER if necessary will obtain clarifications on the Bids by requesting for such information from any or all the Bidders, in writing, as may be necessary. The bidder will not be permitted to change the price or substance of the Bid after the bid has been evaluated.

13.2 Opening of bids

a) E-tendering procedure is explained in detail in SECTION-B of Volume-I. b) Preliminary bids will be opened after verification of receipt of payment

towards EMD. 14. PRELIMINARY EXAMINATION

14.1 The owner will examine the Bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether the Bids are generally in order.

14.2 Arithmetical errors will be rectified on the following basis. If there is a

discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price will be corrected accordingly. If there is a discrepancy between the Total Bid Amount and the sum of total prices, the sum of total prices shall prevail and the Total Bid Amount will be corrected accordingly.

. 15. EVALUATION OF BIDS

15.1 The Bids will be examined and will be classified into two categories (viz.)

(A) Bids which are acceptable as they are or which with some modifications can be made acceptable.

(B) Bids which are completely unsuitable and which can not be made acceptable by modifications. These Bids will be rejected.

15.2 Those Bids for which it is possible to do so will be brought to an acceptable level

of conformance with the technical specifications through direct correspondence and/or negotiations with the Bidders.

15.3 All responses to requests for clarifications shall be in writing and shall be presented to the Owner in a sealed envelope on or before the due date requested by the Owner. If the clarifications sought by the Owner do not reach the Owner on or before the due date, the Bid will be rejected.

15.4 After, all Bids have been evaluated, the bidders will be called for techno-

commercial discussion, if so desired by the OWNER. Based on technical discussion, if required, those bidders whose Bids have been accepted with some modifications may be given some time to submit their revised price bids in sealed envelope solely at the discretion of OWNER to reflect the changes agreed/made to their Bids.


15 of 37

16. EFFECT AND VALIDITY OF THE BID

16.1 The submission of the Bid with the documents and specifications shall also constitute an agreement, that, the Bidder shall have no cause for action or claim, against the Owner in case of rejection of his bid.

The Owner shall always be at liberty to split, accept or reject any Bid or Bids at their sole discretion and any such action shall not be called into question and the Bidder shall have no claim in this regard against the Owner.

16.2 The Bid should be kept valid for acceptance for a period of one hundred and

eighty (180) calendar days from the date set for opening of Bids.

17. EVALUATIONS AND COMPARISON OF BIDS

17.1. The Bids received and accepted shall be evaluated by the Owner to ascertain the lowest evaluated Bid in the interest of the owner, for the complete 'Order' covered under these specifications.

17.2 The comparison of all the Bids shall be carried out with reference to similar

scope of work as per the specification. 18. DEFINITIONS AND MEANINGS

For the purpose of the evaluation and comparison of Bids the following meanings and definitions shall apply.

(a) 'Bid Price' shall mean the price quoted by each Bidder in his proposal for the

complete scope of the job. (b) 'Differential Price' shall mean the summation of the equalizing elements of price

while evaluating the Bids for deviations and deficiencies in the Bidder's proposal as per the clause no. 17 mentioned in this "Instructions to bidders" and also the relevant "Technical Specification".

(c) "Evaluated Bid Price" shall be the summation of Bid Price and Differential Price. 19. DEVIATIONS.

Deviation from conditions of contract and specifications will not be considered. Bidder shall quote the price bid accordingly with strictly following conditions of contract and specifications. The online submission of a price bid by the BIDDER will be construed as evidence that the bidder has accepted all the terms and conditions of this contract. .

20. AWARD OF CONTRACT

20.1 Letter of Intent/Work Order will be sent by Fax / Registered post / through courier to the successful Bidder by the Owner and the date of issue of any of these communications shall be treated as the date of commencement of the order, unless otherwise mentioned.

20.1.1 The Order will be awarded to the technically and commercially best-qualified and

responsive Bidder offering the lowest evaluated bid in conformity with the requirements of these specifications and documents. A responsive Bid is one


16 of 37

which accepts all terms and conditions of these specifications and documents without any major modifications.

20.1.2 A major modification is one, which affects, in any way, the prices, quality,

quantity or which limits in any way the responsibilities or liabilities of the Bidder or any rights of the OWNER as required in these specifications and documents. However, the Owner may at his discretion, waive any minor deviation or irregularity in the Bid.

20.2 When there are rates to be quoted by the Bidders for jobs other than listed,

which are not taken into consideration for evaluation, the lowest responsive bidder will be required to accept the lowest rates offered by other bidders. This will be a pre- condition for award of the work to the lowest responsive bidder.

20.3 GIPCL reserves the right to split the work among more than one contractor at the

stage of initial award of contract, reject or accept/prefer any tender without assigning any reason whatsoever. The owner will not entertain any claim from contractor as a result of such splitting up of the work.

21. PAYMENTS

All the payments against the work order shall in Indian currency and payable through cheque only.

22. INITIAL SECURITY DEPOSIT & RETENTION MONEY Please refer Clause no.- 7 of SECTION– A of Volume II Conditions of Contract

23. INSPECTION OF SITE BY BIDDERS

23.1 BIDDER shall inspect the site, examine and obtain all information required and satisfy himself regarding matters such as access to site, communication, transport, right of way, high flood level in River, flow of water during monsoon/dry season in the River/Nallah, the type and number of equipment and facilities required for the satisfactory completion of work, the quantity of various items of the work, the availability of local labour, availability and rates of material, local working conditions, uncertainties of weather, obstructions and hindrances that may arise, etc.. which may affect the work or cost thereof, before submission of his Bid. Ignorance of site conditions shall not be accepted by the OWNER as basis for any claim for compensation. The submission of a bid by the BIDDER will be construed as evidence that such an examination was made. Any later claims / disputes in regard to rates quoted shall not be entertained or considered by the OWNER.

23.2 The rates quoted by BIDDER shall be based on his own knowledge and

judgment of the conditions and hazards involved and shall not be based on any representations of the OWNER.

24. PRICES AND RATES Please refer Clause no. 3 of SECTION– A of Volume II Conditions of Contract.


17 of 37

25. OWNER RESERVES RIGHT

The OWNER reserves the right to accept any bid irrespective of whether it is the lowest or otherwise of reject any or all bids without assigning any reasons whatsoever.

26. QUANTITIES

The quantities specified are only estimated quantities. Payment will be done based on actual work done, certified by Engineer-in-charge of GIPCL.

25. GENERAL NOTES

1.0 The Schedule of Quantity shall be read in conjunction with the specifications and tender documents. Contractor shall not rely merely on the description given in the Schedule of Quantities. All the work shall confirm to specifications and the quoted rates shall be deemed to include all works necessary to achieve this whether actually indicated under the item description or not.

2.0 Quantities of work indicated in the Schedule are only approximate and are given to provide a common basis for tendering. No claim shall be entertained from Contractor if the actual quantities of individual items of work differ to any extent from those indicated herein.

3.0 The quotation submitted by Bidder should be based on the approximate probable quantities of the several items of work which are furnished for Bidder’s convenience in the Schedule of Quantity. It must be clearly understood that the Contract is not a lump sum contract and that neither the approximate probable quantities nor the values of the individual items nor the aggregate value of the entire tender will form a part of the Contract and the GIPCL does not in any way assure or guarantee Bidder that the work would correspond there to.

4.0 The quantities of work actually carried out (as evaluated from field measurements or joint measurements) against each item will be measured and paid at the rates quoted in the Price Schedule, where applicable or otherwise at such rates and prices as may be fixed within the terms of the Contract.

5.0 Item rates shall be quoted for all the items mentioned in the on-line schedule for Price Bid and they shall be firm. The quoted rates shall include cost of all equipments, tools & tackles, labour, materials, consumables, supervision, safety, insurance, taxes (except service tax, if applicable), overheads, profits, etc… and every incidental & contingent cost and charges whatsoever required to complete the items of work in all respects and as per specifications but exclusive of specified reimbursements & escalations as per terms & conditions mentioned in respective clauses.

6.0 The bidder should certify that the prices quoted are not less favorable than the rates quoted to any other Government Department/Government undertakings.

7.0 Bidders to furnish the rates for all the items of Price Bid, considering supply of all are in the scope of bidder.

8.0 Rates quoted by the bidder shall be firm for the entire period of contract and is valid even if the contract is split.

9.0 The GIPCL reserves the right to operate/increase or decrease quantities in Schedule of Quantity at his discretion.

10.0 For each item in the Schedule of Quantity, the Bidder's rate shall include for the activities covered in the description of the item as well as for all necessary operations, all as per specifications and as directed by Engineer-in-charge.

11.0 All items shall be quoted in Indian Rupees only.


18 of 37




PROVIDING SERVICES FOR CARRYING OUT SURVEY AND HOUSEKEEPING WORKS

AT VASTAN, MANGROL & VALIA LIGNITE OPENCAST MINE. OF M/S GUJARAT

INDUSTRIES POWER COMPANY LIMITED (2016).

Bid No.: SLPP/Mine/ Survey /2016/

Volume - II

SCOPE OF WORK

AND

SPECIAL CONDITIONS OF CONTRACT


(Surat Lignite Power Plant)


19 of 37

(SECTION – A) of Volume – II

SCOPE OF WORK AND SPECIAL CONDITIONS OF CONTRACT

Name of work:

1. SCOPE OF WORK The scope of the work covers providing services with manpower for (i). Carrying out Survey and measurement work and preparation of maps at Vastan ,Mangrol & Valia Mines. (ii). Housekeeping, maintenance of records and general assistance at Vastan, Mangrol & Valia Lignite Opencast Mine of the company. (iii) Carrying out Statutory, Environment and Water quality surveys to be carried out at Vastan Mine from 01.08.2016 to 31.07.2017

Valia Mines Manpower requirement for above said Job

S.No Type of job Category Deployment of manpower per day

1 Assisting surveyor in survey related work at mines and lignite stockyard & other places as & when required. Cleaning and proper keeping of Survey instruments after survey work and maintenance of survey plans & other related records along with one skilled person for clerical & documentation work at Valia Mine.

Skilled 01

Un-skilled 03

2 Housekeeping & maintenance of Valia Site Office. Maintenance & Cleaning of overhead water tank and water cooler, Maintenance of garden and grass lawn at site office. Handling & Movement of files, records & other office materials from site office to contractor premises & plant office. The scope includes the supply of housekeeping & cleaning items.

Unskilled 06

Total 10 No’s

Vastan Mines Manpower requirement for above said Job

S.no. Type of job Category Requirement per day

1 Providing assistance to departmental surveyor in Survey and measurement work and preparation of maps

Skilled 01

Semiskilled Semiskilled 02 02

Unskilled Unskilled 02 02

2 Housekeeping and maintenance of records and general assistance

Unskilled Unskilled

05

3 Statutory, Environment and Water quality surveys to be carried out in Vastan Mine

Semiskilled 01

Total =11


20 of 37

Mangrol Mines Manpower requirement for above said Job

1 Providing assistance to departmental surveyor in Survey and measurement work and preparation of maps

Unskilled 01

2 Housekeeping and maintenance of records and general assistance

Unskilled Skilled 01

Unskilled 5

Total = 07

2. CONSTRUCTION, SUPERVISION AND WORKMANSHIP

2.1.1 The OWNER/ENGINEER will engage his own supervisory staff at the site of works as may be deemed fit. The CONTRACTOR shall afford the supervisors every facility and assistance for examining the works and materials for checking and measuring the works and materials. The supervisors shall have no power to revoke, alter, enlarge or relax any requirement of the CONTRACTOR, but may sanction any day work, additions, alterations, deviations, or omissions, or any extra work whatever as may be authorized by the OWNER/ENGINEER.

2.1.2 The supervisors will act as representatives of the OWNER/ENGINEER and shall

have power to give notice to the CONTRACTOR or to his Foreman of non-approval of any work or materials and such work shall be suspended or the use of such material shall be discontinued, until the decision of the OWNER/ENGINEER is obtained.

2.1.3 The work shall be conducted under the general direction of the OWNER/

ENGINEER and is subject to inspection by his supervisors to ensure strict compliance with the terms of the contract. No failure of the OWNER/ENGINEER or his supervisors during the progress of the work to discover or to reject materials, or work not in accordance with the requirement of this contract shall be deemed as acceptance thereof or a waiver of defects therein and no payment by the OWNER/ENGINEER on partial or entire occupancy of the premises shall be construed to be an acceptance of the work or materials which are not strictly in accordance with the requirements of this contract. No changes whatsoever to any provision of the specifications shall be made without written authorization of the OWNER.

2.1.4 The CONTRACTOR shall execute the whole and every part of the work in the

most substantial and workman like manner as regards material and in all other respects.

2.1.5 If it shall appear to the OWNER/ENGINEER that any work has been executed

with unsound, imperfect or unskilled workmanship, or that any materials or articles provided by him for the execution of the work are unsound, or of a quality inferior to that contracted for, or otherwise not in accordance with the contract, the contractor shall on demand in writing from the OWNER/ENGINEER, notwithstanding that the same may have been inadvertently passed, certified and paid for, forthwith rectify or remove and reconstruct which work in whole or in part as the case may require or as the case may be, remove such materials


21 of 37

or articles at his own proper charge and cost. In the event of his failing to do so within seven days of receipt of the OWNER/ENGINEER written notice thereof, or any other period mentioned in such notice, the OWNER/ENGINEER may rectify or remove and re-execute the work or remove and replace with other materials and articles complained of, as the case may be, at the risk and expense of the CONTRACTOR in all respects. Also, in the event the CONTRACTOR fails to carryout the rectification within the period stipulated above, the CONTRACTOR shall be liable to pay compensation at the rate of quarter (1/4) percent of the total contract value, for every week or part thereof, beyond the period stipulated above, that the rectification work remain incomplete.

3. The provisional acceptance of sections of the work for the purpose of preparing partial

estimates and the payment of money for such partial estimates shall not operate as a

waiver of any portion of this contract and shall not be construed so as to prevent the

OWNER/ENGINEER from requiring replacement of defective work that may become

apparent after the said provisional acceptance and shall not be construed in any way as

the basis for a claim of extra compensation for any cause whatsoever by the

CONTRACTOR.ervice tax will be excluded and will be reimbursed by GIPCL on

production of proof of submission of service tax..

4 LEGAL ASPECTS

a. Contractor shall maintain all register required under the Labour Laws and make the payment as per the Minimum Wages Act to the workers employed by Contractor.

b. Contractor shall obtain requisite license to carryout this contract under the

provisions of Contract Labour Act, 1970 and maintain necessary records and registers under the said Act.

c. Contractor shall submit a copy of each of the license and registration certificates

with respect to Employees Provident Fund and Employee Compensation Act within one week time, from the date of award.

d. The contractor workman, agent or sub-agent shall not smoke or light anything within the premises of the GIPCL and carry match box / lighter or any other explosive and /or inflammable material inside the plant.

e. The contractor shall not sublet the contract to any other party without written permission of GIPCL.

f. The contractor shall abide by all the statutory rules and regulations like P.F, Bonus,Leave,Labour Laws and other law.

g. The contractor have to assume full responsibility against any accident / injury to

or death of your personnel while working at GIPCL site. GIPCL will not be responsible for any such accident / injury / death either in terms of compensation or any other form of liability.

h. The contractor shall issue Identity cards to all your employees engaged at

GIPCL with instructions that the same should be produced by them on demand. They all shall at all times keep the Identity card while on duty.


22 of 37

i. The contractor are fully liable for the person engaged by them for above work; however, GIPCL reserves the right to deduct any amount legally justified towards any liability not fulfilled.

General Conditions of Contract as per clause no. 23, Instruction to bidder (Volume-I) and Detailed Specifications prepared by the company will be applicable for this contract.

Where any portion of the general condition of contract is repugnant to or at variance with any provisions of the Special Condition of Contract, then unless a different intention appears, the provision of the Special Conditions of Contract shall prevail to the extent of such repugnancy of variance.

5 SAFETY GADGET Without any charge, Successful bidder shall provide all necessary safety gadgets to his workmen during duty hours. Safety gadget that includes helmet, safety shoes, florescent jacket, PPE etc.

6 SAFETY RULES & REGULATIONS You shall observe all the safety and security rules and regulation of the GIPCL which

are at present in force and which may come into force during the pendency of the contract. Any violation of any rules and regulations will entail immediate termination of the contract.

STATUTORY REQUIREMENTS

(a.) The Contractor shall be responsible for compliance of all statutory rules, regulation, act (b.) enforced from time framed by the government such as the Mines Act – 1952, CMR -

1957, Mines Rules - 1955, Factory Act, Employee Compensation Act, payment of ‘Wages Act’, Minimum Wages Act’, Provident Fund Act, All Labour Laws Act/rules, Contract labour (R&A), Motor Vehicle Act in respect of employees engaged by him for the work and shall have to maintain necessary records. In case any amount becomes due to be payable by him to his employees or to the Government under the above rules, regulation, Acts, GIPCL reserves the right to recover the same from the running bill of the contract.

(c.) Records as per the provisions of various statutory Acts will have to be maintained by the contractor and submitted as and when required Records as per the provisions of various statutory Acts will have to be maintained by the contractor and submitted as and when required.

(d.) All employees of contractor should maintain due discipline and respect local sentiments. OWNER reserves the right to direct the contractor to remove any such person who does not comply with it.

(e.) Contractor is fully liable for the persons engaged by him for above work; however, GIPCL reserves the right to deduct any amount legally justified towards any liability not fulfilled.

(f.) Contractor shall indemnify GIPCL from any liabilities arising out of the employment of the manpower

7 GENERAL SAFETY CLAUSES

A) PERSONAL PROTECTIVE EQUIPMENTS (PPEs): Contractor shall issue safety helmet of IS standard and the safety shoes having IS marks to all their workers. Contractor shall emboss their firm name on the helmet for


23 of 37

identification. Contractor shall issue proven quality and reputed make of safety shoes having IS marks and IS Certificate for quality assurance.

It is responsibility of contractor to ensure that his workers are wearing required PPEs as per work requirement throughout the contract period. Contractor will reissue/replace these PPEs in case of damage of the PPEs. Replacement shall be made immediately. Damaged helmet and shoes shall be submitted by worker.

If it is observed that contractor is not issuing required PPEs timely and that of required quality, GIPCL will issue the required PPEs to contract workers and actual cost plus 25% overhead charge on total value will be deducted from the contractor’s bill. All PPEs and other safety gears/ safety related equipments shall be made as per relevant Indian standards or international standard. A copy of the certificate of the make of the PPEs shall be submitted to safety department.

Contractor shall issue safety shoes to all their workers within 7 days after awarding of work order and other safety gears like safety helmet, ear plug, dust mask, safety goggles, etc. to all their workers before commencement of the work at site as per the nature of the job.

Contractor shall maintain a PPE issue registers with signature of each and every workman and same to be submitted to GIPCL/Safety in charge.

B) WORKING AT HEIGHT. When it is to work on height where proper footrest is not provided or working on ceiling or roof covered with fragile materials, full body harness safety belt, ladders and crawling boards shall be used to prevent fall of persons as per the work requirement. Further, during working on height, contractor will arrange proper scaffolding of steel pipes as per the relevant standards. He shall further arrange for safety net, full body safety belt, fall arrestor system etc. Advice and instructions of engineer in charge/ safety in charge has to comply strictly in this regard. All necessary safety precautions shall be taken by the contractor to prevent accident and personnel injuries while working at height.

C) VEHICLE MOVEMNET: All vehicles owned by contractor shall be operated by licensed drivers only. PUC of such vehicles is to be maintained and produced by the contractors before entering into the company premises.

D) Contractor shall obey and follow all the safety and security rules & regulations present in forth and other rules /instructions /notices etc. come from time to time.

E) Any contractor engineer/supervisor /workman repeatedly found violating safety rules like not wearing of the PPEs etc, contractor shall take disciplinary action as directed by the GIPCL/ Safety in charge.

F) Contractor shall ensure that his workmen/supervisors/site in charge are getting fire and safety awareness training arranged by GIPCL time to time.

Contractor has to strictly work under the supervision and control of the GIPCL Engineer in-charge. The instructions given by the Engineer in-charge for execution of the job shall remain final and binding to this contract. Contractor has to mobilize the resources at site within 08 hours from the intimation given by GIPCL. The day to day instruction for the work shall be given by our Engineer in-charge at site. Contractor shall take permits before taking up of works which involve fire risk and as per


24 of 37

the nature of work and probability of risk. No any ideal labour shall be paid in case there will be any delay for issue of permit or permit not issued due to unavoidable circumstances. Instructions and clarifications / interpretations by Engineer in-charge shall be final and binding on this contract.

Contractor has to work as per the proper specification and in proper order in time. Workmanship shall be of highest professional standard.

8 FACILITIES TO BE PROVIDED BY THE OWNER 1 Land to the extent available for performing the work.

2. No Water facility shall be provided by Owner, however, contractor shall arrange construction water tanker with necessary distribution line using hose pipe for water supply at work site.

3. No Electric power shall be provided by Owner; however, contractor shall arrange necessary DG Set with distribution/extension of good quality wire/cable for electric supply at work site.

4. Facilities available at workshop, solely at discretion of the OWNER. 5. Apart from the above, no other facilities shall be made available by GIPCL and it

would be the responsibility of contractor to arrange for all other inputs for satisfactorily completion of the work within the time limit. The contractor shall provide necessary facilities, including accommodation for their labour, supervisors etc at his own cost.

9 FAILURE & TERMINATION If the CONTRACTOR after receipt of written notice from the OWNER/ ENGINEER

requiring compliance, with such further drawings and / or the OWNER/ENGINEER instructions fails within fifteen days to comply with the same, the OWNER/ENGINEER may employ and pay other agencies to execute any such work whatsoever as may be necessary to give effect thereto and all costs incurred in connection therewith shall be recoverable from the CONTRACTOR by the OWNER on a certificate by the OWNER/ENGINEER as a debt or may be deducted by him from any money due or to become due to the CONTRACTOR

If the contractor fails to execute the work or fails to mobilize the resources and

equipments as per directions of OWNER/ ENGINEER within the time frame given, ENGINEER/OWNER shall get the work done by third party at the risk & cost of the CONTRACTOR and all costs incurred in connection therewith shall be recoverable from the CONTRACTOR by the OWNER/ENGINEER as a debt or may be deducted by him from any money due or to become due to the CONTRACTOR.

In case if contractor’s services are not found satisfactory then GIPCL has rights to terminate the contract at any time by giving you 15 days advance notice without assigning any reason and will make the alternate arrangement at cost and risk of the Contractor.

GIPCL may terminate the contract after due recoveries of pending jobs/damages after giving 15 days notice to the contractor if any of the following events occur –

i. Contractor is adjudged as insolvent. ii. Contractor has abandoned the contract.


25 of 37

iii. Contractor fails to proceed with the work with due diligence as per requirements of the contract.

iv. Contractor has neglected or failed persistently to observe or perform any of the acts, matters or things, which as per the contract are to be observed and performed by the contractor.

v. Any major contradiction of applicable labour laws. vi. Any major deviations from contractual terms and conditions including quality of

job.

10 ARBITRATION PROCEEDINGS Any dispute or difference between OWNER & Contractor arising out of the contract shall

be settled to the extent possible amicably between the parties. If amicable settlement cannot be reached, all such disputed issues shall be resolved through arbitration according to the provisions of Indian Arbitration Act, 1996. The place of arbitration shall be at Surat.

Work under the contract shall be continued by the contractor during arbitration proceedings unless OWNER shall order suspension thereof or any part thereof in writing or unless the matter in such work cannot possibly be continued unless the decision of the Arbitration proceedings is obtained.

11 GENERAL CONDITIONS OF CONTRACT:

TERMS OF PAYMENT Running Account Bill shall be payable within 21 days after presentation of the bill with

joint records after recovery of the following: (i) Service tax, if applicable shall be paid along with bills after fulfillment of following

terms.

(a) Submission of copy of registration certificate issued by Service Tax Authority (to be furnished only once).

(b) 5% bill amount will be as retention money. Contractor will recover it after successfully completion of the contract.

(c) Citing the service Tax Registration no. And the date of issue of registration certificate on invoices.

(d) Claim of Service Tax amount with percentage (%) separately shown on the invoices.

(e) The Service Tax for the first month of Work Order shall be paid without any proof of remittance of Service Tax. However, in subsequent months, the challan of Service Tax paid during previous month / quarter as may be along with statement of Invoice numbers for which Service Tax paid has to be submitted.

(ii) The contractor along with invoice shall submit P.F Challan, statement indicating

the employee and employer's P.F contribution of previous month with respect of employees employed by him for the contract at OWNER’s site.

(iii) Contractor shall submit indemnity bond and no claim no arbitration along with

last monthly bill of the contract.


26 of 37

(iv) The payment of bill shall be made on monthly basis subject to satisfactory services provided during the previous month.

(v) Contractor shall submit the bills within 07 days upon completion of calendar

month and the same shall be paid within 21 days thereafter, after due scrutiny of the bills. Date of receipt of bill complete in all respect shall be considered as the date of receipt.

(vi) Contractor shall also submit Wage payment Sheet along with Monthly RA Bill. (vii) Contractor shall also submit Check List for passing the bill as per Annexure- V

along with Monthly RA Bill.

22.1. (a) All materials (except specifically mentioned free issue in item nomenclature),

tools and tackles to execute the contract are in the scope of the contractor. The contractor should ensure that tools are in healthy condition.

(b) Contractor should be able to arrange required resources in case of emergencies within 08 hrs.

(c) If any equipments or part are found damaged due to negligent of the contractor, the cost of such damages shall be recovered from the contractors bill/retention money/security deposit.

(d) The contractor shall have to submit daily reports showing work carried out. (e) The decision of the Engineer-in-charge shall be final and binding on the

contractor for defining the terms and condition included in this contract. (f) Engineer-in-charge or his authorized representative may do inspection of work at

any time. If the work is not found satisfactory, Engineer-in-charge reserves the right to take suitable action.

(g) The time schedule given is the standard time required for respective activities of work, as mentioned.

(h) Contractor shall not be eligible for any compensation for demobilization and remobilization.

(i) The contractor has to do quality job. GIPCL shall not compromise in quality. In case of poor quality of work the contractor may be asked to rework the job at their cost.

(j) The contractor has to take group insurance policy for their workmen. The contractor has to submit labour license and PF account number to the Engineer-in-charge before start the work.

(k) One or more jobs may be required to be done simultaneously and contractor shall mobilize additional resources accordingly.

(l) Contractor shall mobilize the resources as per need within the period of 08 hours. If the contractor fails to mobilize sufficient resources to complete the job in time, GIPCL will execute the job through other agency at the risk and cost of the contractor.

(m) Contractor must fulfill all the safety regulations and to take safety measures to avoid hazards. Contractor has to arrange sufficient standard safety helmets (Yellow colour only), safety shoes, dust masks, ear plugs etc. and same shall be issued to his workers. All the workers, Supervisors of Contractors are required to wear above safety gears during working in Plant premises or out side plant. Contractor has to ensure that their workers are using the provided safety gears. It is also to be confirmed that the provided safety equipments are in good condition, and if not, the same shall be replaced immediately. If the contractor repeatedly violates safety rules/regulations, Engineer-in-charge may take necessary action against the contractor.

(n) The total contract price/ unit rate quoted will remain same during the period of contract. No escalation whatsoever shall be permitted.


27 of 37

(o) Price and rates quoted, shall include cost of all consumables, Material (except specified free issue materials in item nomenclature), labour, supervision, tools and tackles, transport, taxes including VAT, octroi, (except service tax), local taxes and levies if any etc. and any such other costs as are not specifically mentioned herein, but may be incurred by the contractor for the satisfactory and timely completion of the work.

(p) Contractor should mobilize all resources for efficient & smooth execution of contract within 04 days from the date of issue of Letter of Intent.

(q) Wherever any dispute regarding mode of measurement arise, the decision of the Engineer in-charge shall be final and binding to you.

(r) All the scrap generated should be disposed off to the scrap yard or any other designated place as instructed by Engineer-in-charge for which no separate payment will be made by GIPCL.

22.2. RECOVERY CLAUSE

(i) In case of any damage of equipment/machinery due to negligence of contractor or any other reasons attributed to contractor the decision of Engineer-in-charge regarding the amount of recovery shall be final and binding subject to a maximum of 10% of contract value. Recovery will be affected from the bills and/or retention money/security deposit.

(ii) If the contractor fails to execute the work as per directions of Engineer (I/c) within

the time frame given, GIPCL shall get the work done by third party at the risk & cost of the contractor.

22.3. ASSIGNMENT AND SUBLETTING OF THE CONTRACT

The contractor shall not assign or sub-let any part of the contract to any other party or agency without written permission from GIPCL.

22.4. DEDUCTIONS FROM CONTRACT PRICE All costs, charges or expenses that OWNER may have paid, for which, under the

contract the contractor is liable, shall be recovered by the OWNER. The contractor shall pay all such claims within 15 days of claim failing which the same shall be deducted from the bills of contractor.

22.5. NIGHT/SUNDAY/HOLIDAY SHIFT

The contractor shall depute qualified and adequate resources in night shift/Sunday/holidays for any emergency job, which may come up at night/Sunday/holiday.

22.6. STATUTORY REQUIREMENTS

The contractor has to fulfill the statutory compliance of labour laws as per

ANNEXURE - 2 of (Section-B of Volume – II).

a. The contractor shall be solely responsible for any accident caused to his workers

and should adhere to all rules / regulations as per labour laws of Government and other statutory laws as applicable.


28 of 37

b. The contractor should register himself under the Contract Labour Act, employee Compensation Act and PF Act (Code no. to be mentioned) and submit the copy of license and should possess the same from the date of commencement of work, failing which the contract is liable to be cancelled. The E.C. Policy copy should be submitted to the OWNER before commencement of the work and Labour License should be obtained within one week from the date of issue of form-V. Contractor should apply for Form-V immediately after receipt of LOI. A copy of Labour License shall be submitted to GIPCL, HR & A Department.

c. Contractor shall have to insure his workmen /supervisors etc. under Group

Insurance scheme/ E.C. policy. d. The Contractor shall be responsible for compliance of all statutory rules, regulation,

act enforced from time framed by the government such as Factory Act, employee Compensation Act, payment of ‘Wages Act’, Minimum Wages Act’, Provident Fund Act, Payment of Bonus Act, Labour Law Act, maternity benefit act in respect of workman engaged by him for the work and shall have to maintain necessary records. In case any amount becomes due to be payable by him to his employees or to the Government under the above rules, regulation, Acts. Documentary evidence of deposit of PF paid in the preceding month shall have to be produced by the contractor along with the monthly RA bill of succeeding month. Records as per the provisions of various statutory Acts will have to be maintained by the contractor and submitted as and when required.

e. All employees of contractor should maintain due discipline and respect, local

sentiments. OWNER reserves the right to direct the contractor to remove any such person who does not comply with it.

f. You have to assume full responsibility against any accident / injury to or death of

your personnel while working at GIPCL site. GIPCL will not be responsible for any such accident / injury / death either in terms of compensation or any other form of liability.

g. You shall issue Identity cards to all your employees engaged at GIPCL with

instructions that the same should be produced by them on demand. They all shall at all times keep the Identity card while on duty.

h. You are fully liable for the person engaged by you for above work; however, GIPCL

reserves the right to deduct any amount legally justified towards any liability not fulfilled.

22.7. INTERPRETATION OF CLAUSE

In case of disputes as regards interpretation of any of the clause or specification, the

decision of General Manager (Mines), GIPCL will be final and binding to the contractor.

22.8. REJECTION

If, as a result of inspection, examination or testing, the OWNER’s Representative/Engineer decides that any materials, work or workmanship is defective or otherwise not in accordance with the Contract, the OWNER/Engineer/OWNER’s Representative may reject such plant, materials, work or workmanship and shall notify the CONTRACTOR promptly, stating his reasons. The CONTRACTOR shall then promptly make good the defect and ensure that the rejected item complies with the Contract. If Contractor failed to rectify the rejected work or workmanship,


29 of 37

OWNER/Engineer reserves the right to deduct or withhold amount against rejected work or Workmanship. CONTRACTOR shall not entitle for any claim or release of hold payment until rectify the defect up to satisfactory of OWNER. If Contractor failed to rectify any such defective work or workmanship, OWNER reserve the right to rectify at risk and cost of the CONNTRACTOR and deducted by the OWNER from any amount due, or to become due, to the CONTRACTOR’s dues.

If the OWNER/Engineer/OWNER’s Representative requires such materials, work or workmanship to be retested, the tests shall be repeated under the same terms and conditions. If such rejection and retesting cause the OWNER additional costs for the traveling and lodging costs of OWNER/ENGINEER’s personal for attending the retest, such costs shall be recoverable from the CONTRACTOR by the OWNER and may be deducted by the OWNER from any amount due, or to become due, to the CONTRACTOR.


30 of 37

SECTION-B of Volume - II

ANNEXURES & FORMS Sub:-: Hiring of SANDBAGS for miscellaneous jobs like pre- monsoon, monsoon, post monsoon works

and leveling of reclaimed area etc. for mine closure activity from 01-04-2016 to 30-11-2016 at Vastan Lignite mine (North Pit) and Mangrol Mine

1.0 ANNEXURE-1

CHECKLIST FOR PASSING THE BILLS For the month of: :

1) Work Order / P.O. No. & Contract value :

2) Nature of work :

3) Duration of Work Order : From to

4) Maxi. No. of manpower per day : M F Total

deployed in the month.

5) Details of Labour Licence : Valid upto for

persons.

6) Details of EC Policy : Valid upto for

persons.

7) Documents attached for verification : Wage & Attendance Sheets. for the previous month. Yes/No

P.F Challan Yes/No

8) Documents attached for verification : Bonus Payment Register

(in case of Final Bill) Yes/No

: Leave wage register Yes/No

9) Security Deposit / Retention Money : Yes / No if yes, Rs.

lying with Co.

Date:

Signature of Contractor

with official stamp


31 of 37

2.0 ANNEXURE-2

COMPLIANCE OF LABOUR LAWS Statutory compliances on the part of contractor are as under:-

1. The contractor shall at his own cost comply with the provision of labour laws, rules, orders and notifications whether central or state or local as applicable to him or to this contract from time to time. These Acts/Rules include without limitation of the followings.

2. Contractor shall be solely responsible and shall fully comply with all the provisions of all the labour laws applicable such as the Minimum Wages Act, 1948, Contract Labour (Regulation & Abolition) Act 1970, Mines Act 1952, Payment of Bonus Act 1965, Employees Provident Fund and Miscellaneous Provision Act 1952, Industrial Dispute Act 1947, Employee Compensation Act 1923, Payment of Gratuity 1972, Interstate Migrant Workmen Act 1979, Equal Remuneration Act with Rules, Order and Notifications issued/made there under from time to time.

2. All other Acts, Rules/Bye-Laws, Orders, Notifications etc. present of future

applicable to the contractor from time to time for performing the contract job.

3.1 The Contractor shall provide and be responsible for payment of Wages, Salaries, Bonus, Social charges, Insurance, Food, Accommodation, Transport, Medical and Canteen facilities and other statutory privileges and facilities to his personnel as per law/rules/regulations and orders of the Central Government, State Government, Local Authorities or other authorities as are in force from time to time. All employees of the Contractor shall be employee of the Contractor.

3.2 The contractor shall have a valid license obtained from Licensing Authority under the Contract Labour (Regulation & Abolition) Act-1970 at the time of execution of the contract covering all his employees working at SLPP site and furnish the same failing which GIPCL may terminate the contract at its sole discretion.

3.3 The Contractor shall at the time of execution of the contract have a EPF Code Number obtained from the Authorities concerned under the Employees Provident & Miscellaneous Provisions Act, 1972 and remit contributions in respect of the employees employed by him at SLPP Site to the P.F office concerned every month failing which GIPCL will recover from the outstanding payment to the contractor from GIPCL.

3.4. The Contractor shall maintain all records/registers required to be maintained by him under various labour laws mentioned above and produce the same before the Statutory Authorities whenever required.

3.5 The Contractor shall also submit periodical reports / returns to the various statutory authorities such as the Contract Labour (Regulation & Abolition) Act-1970, Employees Provident Fund Act etc., under intimation to HR&Admn.Dept.


32 of 37

3.6 The Contractor shall not pay less than the Minimum Wages notified by the Central Government from time to time to his employees of corresponding categories.

3.7 The Contractor shall be responsible for payment of overtime wages to his workmen, if any, in case they are required to work beyond the prescribed hours under law as per applicable rates.

3.8 The contractor shall take Employee Compensation Insurance Policy for all his employees working at SLPP. The contractor shall indemnify the company against any liability due to any work injury or accident to any of its employees.

3.9 The Contractor shall in the event any of his workmen / employee sustains any injury or disablement due to an accident arising out of and in the course of his employment, provide necessary medical treatment and pay compensation as applicable, required under the Workmen’s Compensation Act, 1923.

3.10 If any of the persons engaged by the Contractor misbehave with any of the officials or the Company or commit any misconduct with regard to the property of the Company or suffer from any serious communicable disease, the Contractor shall replace them immediately.

3.11 The Contractor shall not engage / employ persons below the age of 18 years. Employment of women shall be strictly according to applicable laws.

3.12 GIPCL will have right to deduct and disburse the claims of the individual / parties being a principal employer on any account whatsoever in relation to their employment with the contractor. The Security deposit will be released to the contractor at the end of the contractual tenure subject to an undertaking by the contractor that in the event any of his workmen or the heirs of workmen puts up a claim for recovery of money due to him from the contractor before the appropriate authority under the I.D.Act 1947 or under any other labour laws or for compensation under the Employee Compensation Act, 1923 and the appropriate authority has given a direction for making payment the contractor will meet the same or indemnify GIPCL if in the event GIPCL pays it as Principal Employer.

3.13 The contractor shall make payment of wages to his employees on fixed date within the period specified under the applicable Law, in presence of representative of the company. He will submit a true copy of wage sheet, attendance register and P.F. remitted challans on monthly basis to HR&A dept. for verification and record.

3.14 The Contractor shall provide Safety items / kits to his employees such as safety shoes, goggles, ear plugs, hand gloves, safety belts etc., if any, required under the law.

3.15 The contractor shall conduct pre-induction and periodic medical checkup of his

workmen as per applicable laws.

The list is indicative in nature and not an exhaustive one. Any amendment/alteration/Notifications or addition to the existing Law or a new statute shall automatically and immediately become applicable.


33 of 37

***** 3.0 ANNEXURE - 3

PROFORMA OF BANK GUARANTEE FOR ORDER PERFORMANCE

(To be Stamped in accordance with Stamp Act)

Ref : ……………………. Bank Guarantee No…………….

Date ………………. Bank Guarantee Cover period from ……………….. to ……………….. Last date for lodgement of claim : ………………………………….. To M/s.GUJARAT INDUSTRIES POWER COMPANY LTD. At & Post Nani Naroli Taluka Mangrol Dist.Surat Gujarat-394 110

Dear Sir, In consideration of the Gujarat Industries Power Company Limited (hereinafter referred to as the

Purchaser which expression shall unless repugnant to the context/or meaning thereof include its

successors, administrators, and assigns) having awarded to

M/s……………………………………….having its Registered Office/Principal Office

at (address) ……………………………………………………. (hereinafter

referred to as the “CONTRACTOR” which expression shall unless repugnant to the context or

meaning thereof include its successors, administrators, executors and assigns) a Order by issue

of Purchaser’s Letter of Intent No…………….……….dated………………….and same having

been unequivocally accepted by the CONTRACTOR dated ……………..valued at

…………………..for (scope of order) ……………………………………and the contractor

having agreed to provide a Order Performance Guarantee for the faithful performance of the

entire order including for the quality of the materials and/or workmanship, successful

commissioning and satisfactory performance of the equipments/system and satisfactory services

rendered during the guarantee/warantee period of ……... Months under the said LOI/Order

equivalent to…...*…...(percent) of the said value of the order to the purchaser

Contd….2


34 of 37

(2) (Name & address of Bank) ………………………………………………………….. having its Head Office at ……………………………………………… (hereinafter referred to as the “Bank” which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors, assigns) do hereby irrevocably guarantee and undertake to pay the Purchaser, on written demand any and all moneys payable by the CONTRACTOR to the extent of (in figures) ………………………………………………….. (in words) …………………………… as

aforesaid at any time upto (days/months/year) ……………………………………….. without any demur, reservations, contest, recourse or protest and/or without any reference to the CONTRACTOR. Any such demand made by the Purchaser on the bank shall be conclusive and binding notwithstanding any difference between the Purchaser and CONTRACTOR of any dispute pending before any Court, Tribunal, Arbitrator or any other Authority. It shall be conclusive and enough for enforcement of the BANK GUARANTEE on the bank if GUJARAT INDUSTRIES POWER COMPANY LIMITED invokes the BANK GUARANTEE stating only that the default has been committed by the contractor, thus far and no further. The bank undertakes not to revoke this guarantee during its currency without previous written consent of the purchaser and continue to be enforceable till the Purchaser discharges this guarantee. The Purchaser shall have the fullest liberty without affecting in any way the liability of the Bank under this guarantee from time to time to extend the time for performance of the Order by the CONTRACTOR. The Purchaser shall have the fullest liberty, without affecting this guarantee, to postpone from time to time the exercise of any powers vested in them or of any right which they might have against the CONTRACTOR, and to exercise the same at any time in any manner, and either to enforce or to forbear to enforce any convenants, contained or implied in the Order between the Purchaser and the CONTRACTOR or any other course of or remedy or security available to the Purchaser. The Bank shall not be released of its obligations under these presents by any exercise by the Purchaser of its liberty with reference to the matter aforesaid or any of them or by reason or any other acts of omission or commission on the part of the Purchaser or any other indulgence shown by the Purchaser or by any other matter or thing whatsoever which under law would, but for this provision, have the effect of relieving the Bank. The Bank also agrees that the Purchaser at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor, in the first instance without proceeding against the CONTRACTOR and notwithstanding any security or other guarantee that the Purchaser may have in relation to the CONTRACTOR’s liabilities.

Contd….3


35 of 37

(3) Notwithstanding anything contained herein above our liability under this Guarantee is restricted to Rs……………………….. and it shall remain in force upto the including …………………….unless a written demand to enforce any claim under this Guarantee is lodged with us before expiry date, the Bank will be discharged from its liabilities under this Guarantee. This Guarantee shall be extended from time to time for such period or period as may be desired by the ……………………..…….. on whose behalf this guarantee has been given. Dates this……………..………….day of ……………………….20 at……………….

……………………….. Signature

Banker’s rubber stamp: Name Designation with Bank stamp: Attorney as per power of Attorney No. Dated :

Note:

** The date will be the date of end of the Warranty period as specified in the

order


36 of 37

4.0 ANNEXURE - 4 PERFORMA CERTIFICATE (No claim, No arbitration)

We hereby confirm with free consent as under:-

1. The measurements and payment certified in all Running Account bills and final bill are full and final. We accept all the certified measurements & payment and no claim related to the measurement and payment are left.

2. The payment certified in that or above referred LoI / contract is full and final. We accept this, and no claim related to payment is left.

3. The rates of the LoI / contract and its amendments are firm till completion of contract and extension period. We shall not claim any escalation against these rates.

4. Along with the contract referred, the ARBITRATION CLAUSE also perishes i.e. we shall not resort to arbitration.

5. No extra items are left to be settled.

6. We do not have any claims against any item related to the LoI than those items certified in the bills.

7. We are accepting the recoveries or hold amount from our bills, if any, made by GIPCL against non compliance or as decided by GIPCL within terms & conditions of contract and we shall not claim in future regarding the recoveries or hold amount, if any.

8. We have paid royalties, taxes for all the materials procured by us, for carrying out the works for above LoI and we indemnify GIPCL from any liability arising thereof.

9. In case of any disputes arising in future related to payment of royalties, all liabilities of settlement of dispute and its payment if any, will be borne by us.

10. We have paid wages to all the workmen who were deployed by us for carrying out above referred work as per prevailing Minimum wages act. We have also fulfilled all requirements of the P.F. Act. We have maintained all records necessary as per the statutory requirements. We hereby indemnify GIPCL from any disputes arising in future related to payment of labours, Provident Fund, etc..., and confirm that all liabilities of settlements of disputes and their payment is our responsibility.

The above confirmation will come into effect as soon as payment from final bill after due recoveries will be received by us. For, M/S.______________________ Signature, Stamp and date.


37 of 37

5.0. ANNEXURE – 5 SCHEDULE OF DEVIATION FROM GENERAL AND TECHNICAL SPECIFICATIONS All the deviations from the general and technical specifications shall be filled by BIDDER clause by clause in this schedule.

Sr. No

SECTION CLAUSE NO. AS PER TENDER DOCUMENT

DEVIATION

The bidder here by certifies that the above mentioned are the only deviations from OWNER’s General/ Technical Conditions of this enquiry. The bidder further confirms that in the events any other data and information presented in the BIDDER’s proposal and accompanying documents are at variance with specific requirements laid out in the OWNER’s General /Technical Specifications, then the latter shall govern and will be binding on the BIDDER for quoted price. COMPANY SEAL SIGNATURE ………………………... NAME ………………………………. DESIGNATION ………………………. COMPANY ……………………………. DATE ………………………………….

GUJARAT INDUSTRIES POWER COMPANY LIMITED (Surat...

Documents

Transcript of GUJARAT INDUSTRIES POWER COMPANY LIMITED (Surat...