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EIXIzlaolsl<I

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prscirremurl,ofmat$ial :and'swii#U. Y f , a . " , i , , , - . . : : .

sit?t#:lltent,eIiltBIala{ $}q.$eryl0e_$,:a$''ufnt}gl!t stii,tn:thg- ry.rfilltq{glfdpq},t1 rv.a$r.f;iirod.'Bosrd,-shquld tts infoffntd, o!,ptosr"s!,,ifi,itt-'Febii,of-.ia&isrtrrisn o{

0-u, pgalf of:the.&onrc oJ girpctorsIlurf an* fl lwtr-GCIqrs{oh i:nrp o rriioU :Li nilt+a

f r , \ \ . '(*;$T.$n'ft1iili,,Cbm.panrr,kr*t111t

<h , - I

HARYANA FOWER GENERATION CORPORATION LIMITED

MEMCiRANDUWi

Merliorandum for ac9ording approval of the procedure f,orregistration ,oi vendors for procurernent of materiai

"nu s"wice".

V,

Subject:

Haryana Power Generationoorporalion is operatihg 03 nos: powerstations i.e 2x600MWr..?. Rajiv Gandhi Thermat power project, Khedar (Hisar), 2X300 MW ar;Deendbndhu chhotu Ram Thermar power projoct, yamuna Nagar, 1x117.8 M\A/+3X110 MW+ 2X210 MW + 2X2FO tVlW (total 1367.8 MW) as panipat Thermat powe.Station, Panipat and One Hydet project (6XBt.ZX7.2 = 62.a MW) at Budhkalan. ThooEltl for boile. and turbine at prps. panrpat is BHEL and for DoRTpp, yamunaNagar & RGTPP, Khedar is s€c, china. Thor.gh the main compdnents of boirer andturbine are diffe.ent fqr all the.thre€ power sraiions, yet sorne of the spares andconsumables are simirar in nature ior these units. Further, some of the sefviceproviders foi all the three power stations are also same. To streamline and shortcut theprocurement process, it is necessity of the hour to register the rsputed vendors as isbeing dcne in NTPC and cther uiilities fot procuremeni of itemsi seryices which are noiproprietary in nature. .

It is worth to meniion that therd sre about g0,000 items whloh arei being procured alPTPS, Panipat arono whereas about 20,000 items are arso being procured byDCRTPF, Yamuna Nagar and RGTpp, l$edaf. Frocuibment rf such vorurninousitems entails delay in procurement of same. ThE dbove proceclure will improve ancregister the various vendors so as to,facilitate the early procuremont of material.andservices from the reput€d suppliers.

Purchase Regulations fsr HpGcL weire formutated in 201 1 and circulatect in HpGcLas "HPGCL Purchas€ Regulation 2011'. The.procurement of m€terials and sewicesaie being carried out in HpGCL accordlng to these regurdiions. Regutation No. E. otHPGCL Purchase Reguration 2011 pro.crhes.ior empgtlerment of vendors. Due ronon-avairabllityof a,rstandard proeedure;: r-e€!9li8!bn.of'venirors c-oufd not commgnce.So, asrto irriitiate the:empanelment of.vendorg,::lh€ procedure fqr registration of vendorshas,ltebn di.aftec alo,altacnee :as l;nraexurg.i .

o

Procedure for registration of v€ndors ior HpGCL has begn fnamed after consuriing thevendd'f registration policy of NTpc, Hvptu uFiBVi\u DHtsvN, pswer Grid corporafion& tPGcL, Delhi. Efforts have be6n made to.frame the pollcy as vendor & user friendly

rlt ,ie:fu(fier .mehtioned.. that ,lirnited ,teridbrrs, are, btding ,i6sued for pr.ocurem.Ent of itemsiservices fior varue ub to Rs.2.5 rac for each item wlrich is very smafi in presentinfldtiohiiry situations.

In cage.'oi NT!3; where approved list of.vehdoi is :availabre oi:pre-quallficetion ofsenltor, iS.dong, sending,enquiry to,all €rich appIoved:vendorst pie eyalifidd,yendorsare ireated as open tender

5 . .

ln oese of flPGeL ln Se firEt instaflcq' it ii pr€posed to issue limited 'eTl:O *

approved vericors if' valile ot:eg{ {ed' siJvlces 'i8 lebs than: Rs:20 'lag' Thi3:'ihciease

in tinsnsisl: limit *11 6sl enl! ei'lcouragg- the vendors for'regis-tlstiojl .btJt

wil!:ddfihitelt

r8ducethe.Proourernent lead:lime'and hsr'leqlfrct€by incr€'ase in€fliq-sn-cy'

t. tf ihe vtilt)€ atttig Xnstaila! oise'vi"srirs rnix";itnanRl"2ti lbc tor eaen itern' tiSen ?ress

NIT shalf -bb lssu€d to{ proonem€nt ati quch mafgrli! or serviceq' The slfinv or

docurients f.gl€gistbred vendors shsft not'Se rqqif#Jqr subh caaosi tilttlch will

reduce the p.ph tm* tna i*prgv€ thE FrpbltrPiiredlead tim6'

7. lh case tha concemed Chial En9fui€{'irtoels' that i!5sir6 of'limiteij enquiry tb only

renistered vendors may leads to inadequdte compeiiibn' ihen'NlT'Can b'6 issued by

.s€nding copy of NlT to registered vendore R€gisteild irnndors may be trdated

qualified.

8. Attel registration ofvendors' the prodrement of material and:servic€s shall be carried

out through e-tender49

9. Amendments, if any, tequ'ied under thit said policy shalt be in the competency ot

BOD: ;

10. Ths memoJandum w93 codeiderod by Y\/lry' sf' tiP'eOL in € meetlng 'held on

o3l$EOfS aru'decftted as under:'

'edief: Engt&br/.p1p5;1 g'gve'pt9.s€nlatlon' wa4\g'uenddt\ regi!*rofioit for:

olocurrrlnent or tti' oa *J si** i' eflaraefiberpfuans' ogdain st-4fgp'tlions'were

made bY WTos iti ftis tsgatd

WrDs l€Gna'mondad tha p'oppgal !11 E"pq {:ilF";d-Tl.:f'::!:,!IPrccurement of maleiat atd sdrgiL€S to kiad ol Dtrectors for' co"stde,lgw)n

'and lryrcval

ahiel. E4l,t$e.edP"rF9tr; was adrrit sl:o A* ay:f lrWosa'l

anel'tlorloratrno

ltii'.sugg9d|oflnadiby||l|TDstb&ard.o'.arestors.'or.,pa',s,da.'ts|b4€ndbPYova!''

11. The Wrious sug-ges'tlons oJWTD hdw:SFen i{'ta'ofporated In ttieid|€ft progedure'

Accordingiy, the dr.aft proqed'i'rb for'reglstrs{ion "i

'u66qrs is submiti6d:'to the godid of

Diiectors ot HP.GCL tor consid6ration and deoision'

Theabov€mgmorandrjni'ibbeir€plnll thJaprpva!sfilo/flP€Cl

HP.GcL;,PAnipar.

-.2-

1.0

ANf$!IURE r

PROCEDURE "FOR VES,b.ORREGISTRAT|O !$IDENTIFICATION OF ITEIIJIS.AND CATEGORISATION

The identification, categorization and regisiration of the items/ works/ firms shall .,.:done as follows:

i: vendiirs for, lternv wprJ$:farnng,unCiiiilm-iai*.g.jp$o.-ries-shal be:

Ahnual usag€ 'w6rk froil 5 Lacs,to :,,Laos

usage df itam / valtre less. than(indusive of

ii. Vendors shall be enlistod group wise (Electricel, Mechanicar, citil, ehemrr;:,,ietc.).

iii. List of itsmsfuiorks for reglstration of vendors shall be pr€pared by a cornmi:i.. , :of SE/lr4M & Stores.

iv. The v€ndors registeredunder gategory A!'will be.eligible for category ,B, & ,,.

Similarly, category'B'vendors shall be etigible for category ,G, as wel.

2.0 After establishing reliable ar'd proveh sources oi Supplids, the possibilities ,shoulc ,further oqplbied on a contii'luous basis io irlentifu and regleter efficiefit vendbrs;

2,1 The fees for regi5lratign fonn grid appliqAliiinrttallleafi:unden

Registrstion fonri (as.por annexuiti): A!.50'0jl-€6tir (ihblusive o{ taxe$:

Appllcefloq:Fee: e$dOOfOl: eaon :{ihotustus. ef{*,F€l

2.3

Regisration of vendord is'ir'ooriurilgt}s- proriads::?heisfiors,. all applloationsrrgcbig,:lcaftbr due dat€ shau also tre dbalt'by regppdivb Cfii#'Fnglneoi ar, ait.interval of c,i,yea(.

lf number of registered vendors for an item/ g?oup at€ less lhan lhree, then NIT sl .il;be issued as.per Eslegation of Powsr/ ReguHtbB,

VENDOR RFGISTRATION PROCESS:

Expressid'n oJ Inteiest,shdll .bb i;ssgd for inviting the:appllcations for rogisklring :;revendors of iternSl works. The {ender: doournentr 6hall contain the Applicailan F.L ,,(Anndxube-ll), Standard,tsnns and condltionE of FIFGCL lot Rggigtrgtion, list of ite,,;rfor riirhich registiration is rgqsirud; qualifylrp,t€guircm€nts & rglaeO experient

Thq:qlralilyjfig re$.rirenrent'ilill bedd$ea _t'le.agperP.,u{€f':AsqBqlulationsi,Z0l l.t ::S.eRHlll{S.OfjAPPtlCATfgFt ,;,: ,.r ,: ,r . .Preliminary scr€€ning of 4pplicatlon ggfrld bs t{dgtakqn by ldaterial mdnagem,:rtwith refdrence to the infqrmdtiGrl prMd€ffin-tie FrescrlbeU torrnat5. All applicption "airbe,groluigdon;&e,5edsrof"flqdFg,.@dq:,:i,. .': ..

. . : ! . .

e. t-eadtrrCse{Fjs'secter,fiFngfgcsl-ritb,prgariliath6s. ', , .,,

, , , .0.. lVati l1fgint$ie: ' : . ' : I ' , '

q Smail€6db,indultrialupitS#sli*ei#,qih rt. star" adfrorities,

g.'s't

'mojeru$tige

CLL

1\* .U','

d. Suppliers (Agent/Dealer6) '

e. Local suppliers

Ali the applications shall be scrutinize by the comnriitee of Chief Engineer, SL;,i,SE/User and FA & CAO. Various committees can.be.constituted itern,wise and iierr.;rrnay be divided among all the three power stations. 'sgMM will be the menrbc.secretary.

3.2. After scrutiny of ihe required doouments. deficiencies, if an1r, shall be communicaler..: :the firm within 15 days from the date of receipt of application. The vendor h;; .compli with to the deficiencies within 15 days fiorn tbeidate- of communicati on. :.: 1..: .Jfirm does?rot comply to the deficiency within the stiputated period of 1E days,:.i.r,.,.aprlication will be rejected and will be informed accordingly.

3.3 Credentials of the various applicants (firms) shall be counter verified by a committee .,rfSUUser with one XElVUser ancl Sr,AiO, by Visiting,the wOrks. VerifiCation commrti€j.rshall submir its report to the above commiflee,within 2g dayq for further action.

3.4 lf de{lciencies are found on l'acrory inspection, the applicatioh shali be r€jected an.:r ;, ,application shall be ireated as disposed off. But the reasons for rejection sh:::, )recorded 6nd informed to the applicant.

3.5 The prospective vendor may submit a frcsh application along with fresh Registrarr. . ,fees after rectifying/ complying with all the deficiencies. Such application shr,ii r,,r,:treated as fresh application fc; all purposes.

3.6 The vendor registration process s;rall be completed within 60 days of receipt oi ii rapplioaticn ccrnplete in all aspects.

3.7 ln case of chang€ irf name of ovnership or oonUol of the Company/Firm r.,; ,; rregistered vendor, such conrpbnylFirm shiill iniorm in writihg along, ryi16 neceis,, isupporting documents within 30 days of such change. The companyffirrn shall:ha1.re j.rconfirm that there is neither change in the. inf&strusture facitities nor jn ,$,rproducts'/itemp and that chenge is only in thg namelownershiprcontibl oF tf,ecompany/Firm. In such a case, the compariy/Firm shall'have to submit applicat(r:and relevant documents as proof that such change is lawful/legitimate

"iorq *,

processihg fees of Rs.2000/- (inclusive of t?xe$), Conc-erned Chief Engineer sha:i ,empowered to deal and decide slich c€ses at.his own level.

- :

3.8 The concerned chief Errgineer shall recommenc to respective standing commin,r :furfher approval of vendors.

3.9 The amendments under ihese regulations, if any, shall be made with the approvar :iBoard of Directors.

3.9 Registration of vendors shall be valid for a period of .three years from the dar:.publicalign of registered vendors'list and shall.be applicable for all the stairorsHPGCL.

3.10 lssue 6f Vendor Registation certificate: fiegistfation certifigate for HpGCL ,*, ,whore can be issued to the registered firm after depcsit of Rs.10000/- (incrusive rlaxes) in the form of DD for each item/ work by the respective ehief Engineer.

-

4.0 Premature termihation and blacklistinq of.Rbqistered vendors:

Premature teimination of registr.gtiqn oJ vendorc shall,be,done, .if the v€ndor is :;:; .rgsoo-41ive agains! three conqecutive enquiries or on aceorint of its pe*Jrmlnt .

- ..

dlsab-ilities as detaliled'b,e1ow:

a) Faited to execqte a contract orfails to execute it satisfactbrilt.

4.1

b) lf HPGCL feels that a vendo,r has nO longgi the rg,g'l.i.i te-ohDfa,,*t*f, o,equipment for a registered ilem, ihen this fact wili begot verified..bir, a commiftee to becongtituled by a concerned Chief Enginebr. Gorhmittee shoufd be headeii by irSuPerintending Engineer;

c) F;ils to Turnish income-tax clearance certificate as required under the rules and

d) Declared bankrupt or insolv.ent oi its.fi0ancial,'position has become unsound

Bannina of vendo.rs fo'- futore ,tj€lingq .s. hA , !!. don-e in qaS'e unehici{ buslrFsspractice is established or furnishes Wfgng infgflrf4lox,, fals€hanipqtaleq.Ihe l.gnn*gorder shall iiqecify the perioo'for whidr it wifl be effec{ive (permanerdiy, if i6quiiit&) itshould also iridicate the names of all the partnere,.directors; ete of the'firni':and.ilsallied concerns, if any. ,., ' .,::, .

r l:.:.

Premature termination and blac&list[ng,of R'egic{ered vendors Sfiall .be.got dring.by.tireconcemed Chief Erigineer with the apBrovdt:of gtandilg Cornm-ittee undql inii*ialidn taall the stations and uiill be regulated dq,,Fer FurchaseReguisii6ns, :

Revocatioi of oders: .

'

,i) An order for banning/suspension pas.qed fot': ? cerlain spgctried period shail bedeemed to have automatically revoked gh the expiry of ttiat spebifierl period.

ii) Banning may be,revoke-d if wholty exonerated by a cou{:oJ,i}W. , :

VendorPerfsrnrance'E*glltgiis.rli .

jn

.. ] ::': ];:::::.:::Evalu*iqnr o1'v-ffi dsts,Fhalt be dt#

contmcs. Suctr VdndortFatiBgFohaltib*s*rtl*ioiiioitgcto'tr'en/#br€: : -'.

\rondor,R{g$g$,. . ' : j . . :'a: :. Outitdfi0iri$ :'

b.. Vttry Gosdlilaiod

;G: unaciteD'table

tf vendoi rbling of a:registered,wngp-r:isYdwrditb;-bg?t an unaqQqplaple lgvei gt "nf

sggF,then the concemed-Chi0f Engineer:'sfidlf ,ibsue a,,$raming. te6gr tci such veiii{brl,itir

-$,''

improvement However' if annual rating of "

*".d"1': found ts'be at an Unaceeptable levl:i '

then such vendor shall t" Jt-' '""Olroti the vendor list of HPGCL as pef para4'C

Evaluation of vendors will be applicable in 2nd Phase i-e' after three years s{ vendcl'g

registra l lon

6.0. Re-registration of Existing Vendore:-

Theregigtrat ionval id i tyofVendorswould.cont lnuefor theper iodprescr ibedint ! i -^

Vendor Registratron orir]"' up"" Jrp*v 3r',tne viiioiv perioa, tney shg[ re-tqglsitf

ffi;;;';;i;;;ttoviling,.ineprescribedpiocedureasunder:

The renewal ol' r6gistration of vendors may be done for a further period oJ'three ye;iiin

Llased on tt..,e perorman'f;f""ii* ,".0-"r ;uli1g_1u last three years ar-rd suamssion of freslt

eppllcation who have '']"*""t't'' "-*"*o ei9 *"i*"i CrL'rinregl sulqrred folse

material

( through MM wing) #;il;:;ears snaii be automaticall'v' re'r'egisterqd and have to

iubmit following documents:-

l], F:*1X1:":::tion, EPe contract (rurnke!)/supprv or maGrial in rast 3 vean'

Exisring vendor has to apply for re+egistration at,least ihree months before the last date 't

expiry of registration ' itu'l[''*n't*t ih" Lnoot tnurl not !e re-reglstered '

7 .O MANDATORY OUALIFICAT1ON FOR REGISTR*TIOI'i:

7.1 The Vendor must be Registered "."111:1i11:'@6panibsi'Aet';195s/

tndieiliPertcershtp

Act 193? The lndian Factories'Act fe*S l':anVtrelevant lldian'Lawsllwhich ever'is

applicable (For Oot"ttic (lndian) Vqndqrs only) ;

T.2TheVendormust:havejexperienceofs$pP|Ving..gogdslprovidingsenlces:in.. l€levi '*.1J'field una q""riti"-utioi

"n'G "t per Furihase Regulations'

i .3 lncaseofnewent ran tsnothav ingprev , tousexper lenc€. lhe 'y :canbecans idF |ed t /v i ihthecondit ion,o",. i l ;" i , : , ,pp1iqs-1'wdil(s*irr. te's 'p:". t io10'9%'. insPegtionandReQistration *il'i^oirir ;" !";;" ror *" vj"i in'o:ietGrt-ar'i" qibiect ta'sstiof4$o'rv

venoqrperfoJ;.:J]ffi;ffi:"in'"1i1'ti"".istrallhavethesoledissr€-spnindeeidingsuchcases' l

7.4 The Vendor must have EXCISE / Sales. Tax Rbgistratibn No / Sentice :fax registrat;i'5

No., s"o"'u"lll ffi ; il; ;;*"""" n#""i *iiiir'r I *r]iot'"*' is Eeelr9ue:

7.5 Sub Contractors / Service. PPyit:" :lo'ld

al-so subrnit relevant llcdnses from

approprialq licensing authoilty'o' *n**"iiit';1y"gt;"t iri'respe4of'$vorksfor

wnich registration is sought'

8.0 GENERAL INSTRUCTIONS TO VENDORS

. I i Alr Vendors s""kino n"oi"t:fi11,1,i::ey9r are required to'fumish.the'-un#rtaking

-2,: appended herein below' Applicaiions t"L*"d witnout ttris undertaling will i:

t: summarllY reiected'

Bankissuingsolvency.Certificat€should.Gedi8:the.finanqidsoundness;of:.the].lirmi'1soecifi c monetarY terms'

THIS IS TO CERTIF/

INFORMATION M/S.

€UR KNOWL€DGE Ai-.$:}(FULL ADERESS) ATHAT TO'.'

. . . . . . . . . . . , . - : . ""- e -

CUSTOMER OF OUR BANK'IS SOLV€NI UP TO A SUM OF Rs. ..-.."-..........(lN woRDs).THIS CER,TIFICATE HAS BEEN ISSUED AT TIIE SPECTFIC REQUEST O':THE FIRM AND IS IN NO WAY BINDING ON OUR BANK OR THE OFFICER..BY WAY OF FINANCIAL OR OIHERWJSE.

STGNATURE OF AUTHORIZED SIGNATORY WITH SEAL OF BANKAll Vendors seektitg RegistGton / Renewal eie required to furnish ihe P/'.: ICARD in -the,BUSlNEgS!'Namd I FIRM'S Name / COMpRtrtl"s Namq otherwis, 'the applicatiqo foiVendor RegiStration will be rejdeted

arably ftom Manufaclurers / Direc:8.2 Requesi foitfegistration shhll be entertained pt€f'

Supptiers / Authorised Oistributors.'Regislr€ition shall be ao-corded for a period'of thre ,years,and shall be subjaci'ib;cb-riditions rnentioned hbieuilder and in the c€iificate {' '

Registration.

Thereafter registration shall have to be reguiarly -R:v,jalldatd' before the expiry (

valkiity period by appiioation;Ior "Renewal ol Registratiori" 3 nionthq before ti,rpr"m"i dab and corirpfiing With tt'tt pro""gure.

Vendors.who'q;Registration,is,'rnore thantfr.ree;.years old / RgEgtraiion vatidrty perio,ihas expired will have,to register afresh;ccmpfying with'thb procedure. Vendors ar,,required to cornplete dll parts of the proforma,and providb exhaustive informatio'r,requested thereln; {n rlne,g.o:!9,the,qdlis,ftptip.n..ql,HFGC! Wfepvgr the answer is .:stdiernent cjf, fad, it mgst-be;.acoura!9 ,q.a suBpo.tl9.d'by. dpggr-nsntgry evidence

tgesobable:,YeqE-irs*.1b:{7.endb,ia ,1hHbiiillrCriSur, ,

:,not,rEe:liabie,-ft .,

-^ l€,

decGions hased'qn'such wronE.ql fi aqequefslinf9r.niAtion,. : : : : : ' ] ; ' : : . ] i ' . : l ' l i : l , ] : ; ] : i ' : . : ] : i .

6;3 xiny. eupp,leniFi*aiy:siieuts. or,.enelq.s liBfarylF.$$gntFPv,gdhp" 'name of:the rendcdearly :ma$ed ori !t,.6nd: al$s,{h€,gittialiuFtbe.r of:fF,S quEF{ig.I! ,t :whieti' itirdldtee,

8.4 The registrafion proeese wiil consistaf q rnqltiphase. evaluatiqn with the possibility . ,

Vendoris presfitaliol-r; Fact-orylsitp rvlsit:Jor"{nspecdlqn; .verlfication'of docr,rrnenn,,intormqiioh;,*gsearimtr{ by survey ror"de"sign;. maflr&atl{i.!.gr.dq.qitestingi.Frt{iiies :r:Conkactod. After completion of document revieW and shop floor aqsessment, a;applii:able; the case shall betaken up for;dpproval by competent buihority'and issue t:iregistt"ation l6tter.

' . : I . . : ' . .

aS vendors are advised, to tubmit Self:atte.rted/ Original Dseuirienlri t(as de&iileil'jh th,:appliGation 'form) -in srjpport of erpgrience / relevattt 'R9€-istrations or Authorisation ,

meniioned,,in:lirittilehed,{o trelaUpliiestiont,.0f.ebe they wllt$e requked to pro.dgce tir,,Originat doc-uments ih person for"verification. HPGCL recerves the right t9 call ltadditional information ind check al! the infon'nation provided and statements made i .the application.. . 1 : - r r - - _ : : - ' - .

8,6 Shoulil:a vendor tlril to:qualiry; :thgq,llPSel-rresSfveV th€,righlltor:refuse a reapplioalio, Ifor iegistration within 0 monlhs of the date of notification of fa'ilure.

8.7 MERE REGISTMTION DQES NOT ENTAIL VENDORS / CONTRACTORS ATIGUAMNTEE FOR ORDERS OR AWARD OF.CONTRACT AS THE CASE MAY iIOR INCLUSION AS OUALIF|.ED VENDOR FOR BIDDING,

/8.8 Any inaccuracy in ,any,responsB:or faifure.to stbstantiate,any response as requirbd * '

HPGCL may resuft in {ailqre to qualify.:for inclusion in-the Vendor Master Data Bas,:(VMDS). Wherevef any such.infbniation @mes to notice at a later date, the vendc;"shall be removed from the Vendor Master Data Base (VMDB),

* ' 7 a

I

BeilHT$:'rii#,Jif1,"*ff il-'$"if ,;.'*5l";*{$;;it;,jlii"'.""'il:.H't:*1;ifu

f +#,ift:h{*:h*q j,-"'irT}i?i"'lii'"#:ff 'to rentove the veff

groupl area' . -^L^ {i,dher ore.tendei qualification to identify sur:a|

8 1 0 HPG'! keep: i:J:'i::i:#","1if 'lll:'

** -'

::l ^:1,* ." ","..u, ve, : r,811::"iirJ:[i:,tl:"*j"]i{t"r"*:Tilil",ii]lftii["il1"ffi *:ll

?iJ''iE "T ;:li i" ?T]i"""""" ;i"812:.'fil$"'::#l'"":i'tr"J?:l!l-"&T::'*J#$:'$'i::X':'"'"":il':'i1i'

'"ffiil" submitted along with applicatton'

B;13H'JHTT$:J[I"-Hl;H;;,]ill::Hi:u"',"',T:?"[3J;I:'x;':"procedure for p";;;;; evaluatlon ot uunoo"

-,..^*r^^ ,,nsatisfsctory ihfrastrtr ;l

"' t":l[i"$:J*ffiHi,$*.j$#ffi'*l ir:m'i;i"Y''8 +5 Sn::;g#*ffi:i'$:$ " """*::::,:::l;, -,,,"s 1 6 Ap p,i can" *"1fiTff ,ilIii"T_:.tffi :.#t Sf;.Ti-:H'ff "H;. "": :

:hgsi:itffi *ry"|,ffi::: :;._r, :i : :::,: :''"ff JJiffi?[lTJKtifiJllff :''li'Jl:'P'Tffi :"1'J:;;"*":,"":;,"'

8,18 ;:#;; r*nrru,rl:l;l"T"l: 'lhan one name' inc''l':

)ision shall be final on all the matters'

'g'19 HP'qqLls de! istration with cohditions will bg out rir;ir

8'20 Vendprs 'to note that Request for Regi

'eiectigd' : :o submiu update HPGCL with late'st bal-'rr

<4 8 21 jxn::i n*i:x##i[:H'*;i*14i.5i,*i**;:t6p*,v H:i'i,.z *:n':LTl'JIJ'll'JH:ff;ft;;

uno r''oc'l'"Eerves the ris l

'"'nou"tn"'i""'noo'i"''nu*,.!":-Hil"'*iA':lt":t":**'l;*"'i'o'""=*'iY u'T"H: t|.i""[!':H':::"endois qL_

=;*:";:::: ["f,1t,i:?#*rj,iJlj;illTj*8 22 s:J,il'JTJ:f"#il::J':t t " -

siatutory regulauons. Gonducnr Diseipline etc., whlle executing jobs. Any devialist':r

from .sdaled,.condjtiGns-;; led t9 iapprgpriate deienent aciion as deemed fit i .

HPGCL.

8.23 f,lPGCL feserves Sie'rlghi t3 cancel the registration of any Vendor for reasons interal'i

including the following:

a) if thgyfte for'lnd to hav-e subfiitted false pariiculars/fake documenis I

securing,'enlbtrnent'

b) ifc*ntinuouq pgor peforfnan@ lras beerl obsewed for 3 years as per ven{i '' Ferfonnance Evaluation Procedure

t . .

Such Vendors, whose reglsiFaiion ls eareeil€d due to' aq' sf the above reasons' w)i

nol be considered ,*,lu"r"q""* r,egistration for a period of fhree

years. The reason

i"i*Gnjtio*,tfjattb" **t*icdStr tothe ccin66med veridor'

g.zc HFscl rcserves- fre:fuht to:reieelelry gr al! 9f. me rFlige-tions

wtthout assigning at '

;";; l;;;;*. Hp"eil;iSo .rdetat 'tiie'p6solute [sh! to reject :ly o: '''

"*t,"a* ;il or dqlete4heltryr-rgiof"any V?ndqr 'trgrn the'list:gf registered' Veodoi

soleg,basod on Ur* past u;"Rfetibw perror'rnanee-bythe applicant(s) in HPGC

i#."oiui*u-uuui"iund,frp€CL'.l.g,tie|ig.iqb:brS,s'urri.e...eijqs,tnailano'oo$lgsive'

di

i

APPI-ICATI9N EOR f, EGISTRATION. 9F'\IEfiIDOEs

1.0 GENERAI-

1.1 Name of organization

1.2 Date of conJmenoement of production:

1.3 Full Addres€

1.11 Expansions dan;.ifany

1-12 Briet history ot labryrr relations in the establishment ifr the last on€ year (specify strikes,loi:koul, tool oown etc.)

1.13 Any other particular/merits-iofavour

2. TECHNICAL

Telephone & F.ax No. etc :

,

rl 1.r,$eqlitere.dt!fficeii) ttegibnai ofiicesiii) F:tct6ri-i&.tetlis

t lame and Frll,Address of , he,S?$ers€$,AodbttnL Ng!

1.6 Name & addross of allied conaernst'if any .

1.1' Wtre;ttrer.:atreadyr'egisteredorap i*.fol.|!gi$f*fitl}-Jn:any.:gi6piilsrir,dithei,ih,indirddu..qor partnership.

f i n Sslvenca certific€ite gtahti?d ry: I lstctrFsg:,ft4aglstrsle..cir' aceriificate of tlle banker abciut'iurrov*:of tidngac.don a{dfinaricial capacfry; briglnel to be pfo"@ce8 oii'derttand:(one'coymust be enclosed,

Balance sheel of prdvious {inmcialyEar ql thelirly attB€ted bye Charter6dAccountard ( To be:enddsed .

oclos€.q

Enetosed

Yestlto:

YeslNq,

1 . 9 lncorn6'tal, :Sdl€b ta& Regiqhitioi No::if'goy; andincome.tax Ciearanoe certifi cate (Copy:f0r:t6'enclosed)

il ll16Ar€itakiR6on, NoiiJ Sdles"tax8egn No,iii) lTCQenllosdr: YesirNo

1 . 1 0 n (particrilars.i.e. name, dbsigdatlon ard ih€ departrirenf,-rnit in. wlrich working)

2

ftt

z , v

, zia4aZ

2.2 ff alrqady wprkbd,as,a sirp.PJier(give the follswlns delajld)

Tri ndfori arr'angetng.n! a€ilable {or

Effeoting door delverY

F€cinies/n€arost bran*Es from

Wher€ after satds servjce Pp\rlde

Montion any other retevant dotails

MUST ENcLosED T|,1/o coP|Es oF GATAL@UES,PAMPHELETS SPEC|F|CAT|oN

ii'eErs pRoDt crs MANUFAcTUR€D /MARKETED BY You'

1. No. of Products

2. No. ofcatalogubs sent

Icertifythatailrhein{orr:atjonanddatafurnishedbymein'thisapp|icationformaretue

2.8

and compleie to the besl of knoudedge'

Signaturs of ther qpplicanu

Autho{izeiJ Peirson (Seal)

2:4 lfstocties{/deaierr,mertiio-n da't Fiiiiilittiidii

2.5 Detail of tertingL f6?ititF,9'avditablb

A separa.te sheet may be attached to eny coiumn whefe n9€9es- ary

iv) No cofespondence.Qn"th\t^i9u,ojqoj!l

iniqimB.d: inlre cpEis€ias siion as

e-

,r,oa,ora<guge

1,11*ftr? eflft :v'elofni{tomsrrodie* loter'e)

1 . .

2 . :, 3 :

F

9 .

4.

5.

Annexure-3

{Referred to in Annexure 6.10}

E-Tenderinq

Threshold Limit of tender to be floated in the e-Procurement:Tenders costing above total value of Rs 2.5 lacs shall be floated on thee-procurement portal.

Download of Tender Documents:The Bidders can download the tender documents from the portal:https://harvanaeprocurement. gov. in.

Pre-requisites for online biddinoi ,

ln order to bid online on the portal http://haryanaeprocurement.qov.in , the user machinemust be updated with the latest Java. The link for downloading latest java applet isavailable on the Honre page of the e{endering Portal.

Online Viewinq of Detailed Notice lnvit inq Tenders:

The bidcjers can view the detailed N.l.T and the time schedule (K-ey Dates) for all thetenders floated through the single portal e-Procurement system on the Home page athttp:llharyanaeprocurement.qov.in.

Bid Preparation fiechnical & Financial) online Pavment of render Document Fee.eService fee. EMD fees of online Bids:

i) The Bidders shall have to pay for the Tender documents, EMD Fees & eSeMceFee (Rs. 10001-) online by using the service of secure electronic paymentgateway. The secure electronic payments gateway is an online interface betweencontractors and online payment authorization networks. The Payment for TenderDocument Fee and eService Fee can be made by eligible bidders/ contractorsonline directly through Debit cards &. lnternet Banking Accounts and thePayment for EMD can be made online directly through RTGS , NEFT/Over theCounter. For online payments guidelines, Home page of the e-tendering portalhttp://harvanaeprocurement.qov.in may be refened.

ii) In cases where tenders are received in two parts, the bidders shall upload theirtechnical offer containing documents, qualifying criteria, technical specification,schedule of deliveries, and all other terms and conditions except the rates (pricebid) in the part-l (l-echnical envelope). The price bid shall be submitted inseparate part-ll format supplied by purchasing authority online. The committeemembers shall open only the paru on scheduled date of opening of technical bid.As per system settings, part-ll cannot be opened on ihat date.

iii) The tenders shall be opened on the due date by Tender Opening Committeecomprising of Executive Engineer, A.E I AEE and a representative of finance/account department not below the rank of Section fficer/ Divisional Accountant.The tender document shall be downloaded & print outs taken.

The committee members shall put their dated initials on all the pages ofthe tender document (downloaded) and also encircle the rates quoted under theirdated initials. Any alteration or cuttings in the rates and / or any important termslconditions, noticed at the time of opening of tenders, shall be specificallyrecorded by indicating the finally quoted rate in figure_s as well as in words.

6. Kcv Dates:

The Tenderers can submit their tender documents (Online) as per the dates mentionedin the following format-

Sr. if.fo. I

DePartment Stage Tenderer's Stage Start dat(and time

Expiry datrand time

1Downloading of Tender

Documents, Bid Preparation &subrnissions

2 i Technical Opening (part-l)

a i Shortlisting/Qualifying of Technica"

i bids & Opening of price BidA/ill be intimated to thefirms on their E-mail

The bidders are strictly advised to follow dates and times as indicated in the onlineNotice Inviting Tenders. The date and time shall be binding on all bidders. All onlineactivities are time tracked and ihe system enforces time locks that ensure that no activityor transaction can take place outside the start and end dates and the time cf the staqeas defined in the online Notice Inviting Tenders.

lf bidder fails to complete the Online Bid Submission stage on the stipulated date andtime' his/hers bid will be considered as bid not submitted, and hence not appear dunngtender opening stage.

7' lf the tenders are cancelled or recalled on any grounds, the tender ctocument fees &e-service fee will not be refunded to the agency. However, EMD shall be refunded.

8. Unless exempted specifically, tenders not accompanied with the presoibed EMD/Cost ofTender shall be rejected. EMD/Cost of Tender shall be in the prescribed mode ofpayment as asked in the NlT, otherwise, the tender shall be liable to be rejected.

9. The bidder shall ensure that payment shall be made at least 2 days prior to last date ofsubmission of the bid.

10. The bidder can revise his price bid any number of times but only before last date ofsubmission of bid. All previous quotes are deleted & only the latest price quoted isvisible to the purchasing authority on date of opening of price bid.

11. Material offered should be strictly according to the specifications. Unless a deviationfrom the specifications is pointed out by the tenderer specificalty, it will be presumed thatOffer/Tender conforms to the specifications.

12. The validity of the tender/offer shall be for '120 days from the date of opening of the pricebid.

13. The rate negotiations could be held up to L3 bidder, if the difference between the Llquoted rates and those quoted by L2 and L3 is within 5% of the L'l quoted rates. In casewhere the L1 bidder refuses to further reduce his offered prii anO lhe L2 or L3 bidderscome forward to offer a price which is better than the price offered by Ll bidder, the

14.

15 .

16 .

bidder whose price is accepted becomes Ll bidder. However, in such a situation, the

original Ll bidder shall be given one more opportunity to match the discounted price. In

case of acceptance, he would be treated as L1 bidder.

Rates shall be quoted by the tenderer, item wise with price breakup on FQR destination

basis in the format supplied by purchaser. No deviation in terms shall be allowed.

The bidders / Suppliers shall observe the highest standards of ethics during the

submission of tender, procurement and execution of the contract. In case of evidence of

cartel fo'rmation by the bidder(s) EMD is liable to be fr,rfeited.

The bidder shall bear all costs including bank charges, if any, associated with the

preparation and submission of his bid, and the purchaser will in no case be responsible

or liable for those costs, regardless of the conduct or outcome of the bidding process.

Purchaser feserues the right to cancel the NIT or to change qualifying requii'ement oi" io

reject any or all the tenders so received without assigning any reason.

Preliminary Information for bidders:

a) Registration of bidders on e- Procurement Portal:-

All the bidders intending to participate in the tenders processed online are required toget registered on the centralized e-Procurement Portal i.e.

httpe://haryanaeprocurement.gov.in. Please visit the website for more cietails.

b) Obtaining a Digital Certificate:

i) The Bids submitted online should be encrypted and signed electronically with a

Digital Certificate to establish the identity of the bidder b,idding online. TheseDigital Certificates are issued by an Approved Certifying Authority, by theController of Certifying Authorities, Govemment of lndia.

ii) A Digital Certificate is issued upon receipt of mandatory identity (i.e' Applicant'sPAN Card) and Address proofs and verification form duly attested by the BankManager / Post Master / Gazetted fficer. Only upon the receipt of the requireddocuments, a digital certificate can be issued. For more details please visit the

website - https://haryanaeprocurement.gov.in.

iii) The bidders may obtain Classil or lll digital signature certificate from any

Certifying Authority or Sub-certifying Authority authorized by the Controller of

certifying Authorities or may obtain information and application format and

documents required for the issue of digital certificate from:

M/s Nextenders (lndia) PvL Ltd.

O/o. DS&D Haryana,

SCO - 09, llnd Floor,

Sector - 16,

Panchkula - 134108

E - mail: Chandigarh@nextenders.com

Help Desk: 1800-180-2097 {Toll Free Number}

17.

18.

iv)

v)

Bid for a particular tender must be submitted online using the digital certificate(Encryption & Signing). In case, during the process of a particular tender, theuser loses his digital certificate (due to virus attack, hardware problem, operatingsystem or any other proolem) he will not be able to submit lhe bid online. Hence.the users are advised to keep a backup of the certificate and also keep thecopies at safe place under proper security (for its use in case of emergencies).

In case of online tendering, if the digital certificate issued to the authorized userof a firm is used for signing and submitting a bid, it will be considered equivalentto a no-objection certificate/power of attorney /laMul authorization to that User.The firm has to authorize a specific individual through an authorization certificaresigned by all partners to use the digital certificate as per Indian InformationTechnology Act 2000. unless the certificates are revoked, it will be assumed torepresent adequate authority of the user to bid on behalf of the firm in thedepartment tenders as per Information Technology Act 2000. The digitalsignature of this authorized user will be binding on the firm.

In case of any change in the authorization, it shall be the responsibility ofmanagement / partners of the firm to inform the certifying authority about thechange and to obtain the digital signatures of the new person / user on behalf ofthe firm / company. The procedure for application of a digital certificate howeverwill remain the same for the new user.

The same procedure holds true for the authorized users in a private/public.limited company. In this case, the authorization certiflcate will have to be signedby the direclors of the company.

Bidders participating in online tenders shall check the validity of his/her Digitalsignature certificate before participating in the online Tenders at the portalhttps:l/haryanaeprocurement. qov. in

For help manual please refer to the 'Home Page' of the e-procurement websiteat https://harvanaeorocurement.qov.in, and click on the available link .How to...?"to download the file.

Before submitting tenders all the instructions may be read carefully regardingsubmission of tender. lf any bidder finds discrepancies or omissions in the tendeidocuments or is in doubt as to the true meaning of any part, he shall clarify samefrom tender issuing office in writing before the due date of submission of the bid.

vr)

vii)

viii)

ix)

x)

Final Draft

Annexure - 4(Referred to in regulation 7.1)

Haryana Power Generation Corporation Ltd.(An ISO:9001, ISO:14001 & OHSAS:18OOt Cert iReO Company)

l l l T t t - -t I t I l t ( ) .

INSTRUCT|ONS TO THE BTDDERS {WORK ORDER)1. Pre Qualifying Requirements (peRs) / Eligibility conditions for the tenderers:

a) The tenderer/bidder shall be the contractor of the requisite / similar work item andshall have experience of -- years in manufacturing or undertar,ing s;ihisimiiar work as on,-- (ciateci of financial yelr hst ended),

-having

annuai turnover of ' .- and executed minimum single order irr ""ir"during last three years.

The tenderer/bidder shall be contr".8? of Public Sector Undertakings of CentralGovt./State Govt./SEBs/Corporations/ / or any other reputed tnermailnyaet pianiof requisite installed capacity or more.

Note: - The firm shouid fill statement to bidders as per annexure-Z sf GeneralTerms & Conditions and submit authentic supporting documents foiproving its ciedential. Oi'iginal documents may be askecj for verificaiionat the time of finalizing the tender. A certificate to the effect that thetenderer is not black listed from any Public Sector undertakings ofCentral Govt./State Govt./SEBslCorporations/any other refiutedthermal/hydet plant etc.Decision of the HPGCL regarding fulfillment of pre qualificationrequirement shall be final and binding upon the bidders.

h \ T h ^ a a n * r a a l ^ - ; ^ - ^ ^ : ^ r ^ - - ru,, i Iic uuiii'iaci,oi is i-eglsiered uncier Contraci Labour (Reguiation & Aboiition) Act,1970 and possesses a valid labour licence for deploying-the workers on the'workor will obtain the same within 15 days of issuance of woik order.

2. a) Application for bidding, conditions of the contract and other information can behad from the office of -- (Email id) on any workingdav prior to tast oate@;a;it (non-refundable) (cost of Document: & vAT '

ll in casn ai tecounteror th roughDDin favouro tsUpayab|eonanyscheduled Bank at . tn caie oinfCS paymEnt, bidder shailsubmit the pr-oof of paym.ent conteining UTR number *tc. jufy attested from thebank and send the same in the envelope meant for EMD.

b) Cost of Tender and EMD in any other form shall not be accepted.

The Tender Document can also be downloaded from HpGcL websitewww.hpgcl@qov.in. Hard copy of the tender document so downloaded duly filledup completely is only acceptable when accompanied with prescribed tender cost andearnest money deposit.

Before submitting tenders the instructions may be read carefully regardingsubmission of tender. lf any bidder finds discrepancies or omissions in the-tende-rdocuments or is in doubt as to the true meaning of any part, he shall clarify samefrom lender issuing office in writing before the due date of submission of the bldThe offer / Tender should be t;-ped or written in ink. Offer/ Tender written in pencilshall be ignored. No alterations, omissions, erasers or whitening, additions orrewriting shall be perrritted. changes if any shall be effected on! bf cancelation oforiginal writing by striking and rewdting it alon_g side duly initialled by the personslgning the bid. In case there is a discrepancy bdtween the amounts in figures and inwords, the amount in words will govern. The price must be quoted in Indian Rupeesand any mistake in e.alculating the rupee price will not justify ihe claim for increase inprices.

o .

Firal Draft

The "Application for Bidding' along with the 'Terms and conditions of the contract'and its Annexure should be submitted in duplicate duly i i l led up completely andsigned on each page by the terderer. Work offered should be strictly according tothe specifications laid down in Annexure -l to the terms & conditions of the NlT.Unless a deviation from the specifications given in Annexure I is pointed out by thetenderer specifically, it will be presumed that offer/Tender conforms to thespecifications as laid down in Annexure-|.

The tenderers sha!! submit their tender" in two parts- the fir.st part containingdocuments for qualifying criteria, technical specification, schedule of deliveries, andall other terms and conditions except the rates (price bid), and the second partcontaining the rates (price bid) quoted for each item as well as other related tgrmslike freight, works tax, VAT, price escalation, etc. Each part of the tender shall besubmitted in separate sealed cover super scribed with the tender enquiry No. andthe Part No. of the tender. Part I anci Part li sealed covers shall be piaced in anothersealed envelope.Earnest Money Deposit (EMD) and cost of tender shall be submitted in two separateenvelopes, super scribed on them as EMDiCost ofTender, as the case may be. Theenvelope containing envelopes of Part I and Part ll, along with envelopes coritainingEMD and Cost of Tender, shall be submitted by the tenderer addressed to:-

a) The tenders can be submitted by registered post / courier / speed post / deliveredin person by putting in the tender box pro.rideC in the office of purchaser beforethe due date & time of opening of tenders as per Nlr. In case the last date ofsubmission / opening of render is deciareci as holiday, the tenciers shali besubmitted / opened on the next working day at the same time) Late tender i.e.tender received after the due date and time of 'submission of tender due to anyreason shall not be considered.

b) Tenders through Fax / E-mail / telegraph shall not be consiciered.

All tenders received against open tender enquiry irrespective of whether they arefrom the approved contraciors on the i"egistered list or others, shall be considered,provided they are on the prescribed form and in accordance with the tenderconditions and specifications.

Unless exempted specifically, tenders not accompanied with the prescribedEMD/Cost of Tender shall be rejected. EMD/Cost of Tender shall be in theprescribed mode of payment as asked in the NlT, otherwise, the tender shall beliable to be rejected.

The validity of the tender/offer shall be for '120 days from the date of opening of theprice bid.a) The bidder/tenderer are not allowed to revise the price bid, during the validity of

the price bid already submitted. In case, the bidder submit a revised price bidsuo-moto, original as well as revised offers shall be opened and lowest will beconsidered only.

b) The rate negotiations could be held up to L3 bidder, if the difference between theL1 quoted rates and those quoted by L2 and L3 is within 5% of the L1 quotedrates. In case where the L1 bidder refuses to further reduce his offered price andthe L2 or L3 bidders come fonvard to offer a price which is better than the priceoffered by L1 bidder, the bidder whose price is accepted becomes L1 bidder.However, in such a situation, the original Ll bidder shall be given one moreopportunity to match the discounted price. In case of acceptance, he would betreated as L1 bidder. -

No deviation shall be allowed.'However, in case of deviation of taxes etc.. the samebe loaded for comparison purpose.

Selection preference of the tendered work may be allowed as per policy of the StateGovernment to the lndustrial Units located in Haryana on the lowest valid rates iftenderer so claim with requisite documentary evidence.

aI

1 0 .

1 1 .

t z .

t J .

14.

1 5

The bidders / contraitors shall observe'the highest standards "f

JHH:"gthe submission of tender, procurement and execution of the contract. In caseof evidence of cartel formation by the bidde(s) EMD is liable to be forfeited.

The bidder shall bear all costs including bank charges, if any, associated withthe preparation and submission of his biJ, and the purchaser will in no casebe responsible or liable for those costs, regardless of the conduct or outcomeof the bidding process.

Purchaser reserves the right to cancel the NIT or to change qualifying requirementor to reject any or all the tenders so received without assigning any reason

Signature of

Authorised Signatory

16

Filai r- r ri:

Annexurr: . , i(Refqrred to in regulation i. r,

Haryana power Generation Corporation Ltd.(An ISO:9001, ISO:14001 & OHSAS:18001 Certified Compal

NIT No.

1 .

INSTRUCT|ONS TO THE BTDDERS (SUppLy oRDER)Pre Qualifying Requirements (peRs) / Erigibitity conditions for the tenderers;The tenderer/bidder shall be Original manufacturer or its authorized dealer of lhr::requisite / similar item and shall have experience of -- y""r" in ,"nufacfr.i. ,or dealing in such item as on loateo-ot fininciar year lesl si,r,,-:,.having annual turnover of sanneTMieG- and executed ryl|;"1iiy1iiry :,:r.r,:,crder of velue during last thr.eeElrs.

The tenderer/bidder shail be supplier 3f ,ro,'" sector undertakings of ct,::1ir,,Govt./state Govt./sEBs/corporaiions/ or any other reputed tilrmathydel plarrr i,irequisite installed capacity or more.

Note: - The finn should fill statement to bidders as per annexure-2 of Generai i ;r r : -:,:& conditions and submit authentic supporting documents for p*,.,r,.: ,1.,.1crecjentiai. originai ciocumenis may be asked ior verification at the trii !,. ,:,finalizing the tender. A certificate to the effect that the tenderer is not oll*i:tlisted from any Public sector undertakings of central Govt.isf ?r.r,Govt./SEBs/Corporations/any other reputed thermal plant.Decision of the HpGCL regarding fulfillment of pre qualification requrrr,r,cr,. shall be final and binding upon the bidders.

a

4.

2' a) Application for bidding, conditions of the contract and other information canbe had from the office of (Emair id)-on any working day prior to triildate of receipt of tendeETt-pairyt of '

' - iNon neruncaoie;

(Cost of Document: ' & VAT ' il;;ash at the counter orthrough DD in favour of Si n"schedured Fqt "!

*re payment c-n ue mIuE tirrolgl., nrcs "r"o'.In case of RTGS payment, bidder shail submit the proof of payment

containing UTR no. etc. duly attested from the bank and send the'same inthe envelope meant for EMD.

b) cost of render and EMD in any other form shail not be accepted.The Tender Document can also be downloaded from HpGcL websitewww.hpgcl@gov.in. Hard copy of the tender document so downloaded duly fllled upcompletely is only acceptable when accompanied with prescribed tender cost andearnest money deposit.

B9for9 submitting tenders the instructions may be read carefully regardingsubmission of tender. lf any bidder finds discrepancies or omissions in tne tenOe-rdocuments or is in doubt as to the true meaning of any part, he snalr crarfv-samefrom tender issuing office q writing before the oue date of iubmission of the bid'[he offer /tender should h:e typed or written in ink. Offer/ Tender written in pencilshall be ignored. No alterations, omissions, erasers or whitening, additions orrewriting shall be permitted. changes if any shall be effected only bi cancelation oforiginal writing by striking and rewriting it along side duly initialled by the personsigning the bid. In case there is a discrepancy between the amounts in figures'and inwords, the amount in words will govern. The price must be quoted in InJian Rupeesand any mistake in calculating the rupee price will not justify ihe claim for increase inprices.

The 'Application for Bidding' along with the 'Termi and conditions of the contraci,and its Annexure should be submitted in duplicate duly filled up completely andsigned on-each page by the tenderer. Material offered should Oe sirictty according tothe specifications laid down in Annexure *l to the terms & conditions of the Ntr.Unless a deviation from the specifications given in Annexure I is pointed out by thetenderer specifically, it will be presumed that offer/Tender conforms to the

R

specifications as lard down in Annexure-|. Final Dmft

The tenderers shall submit their tender in two parts- the first part containingdocuments for qualifying criteria, technical specification, schedule of deliveries, andall other terms and conditions except the rates (price bid), and the second partcontaining the rates (price bid) quoted for each item as well as other related termslike freight, Excise Duty, VAT, central sales Tax, price escalation, etc. Each part ofihe tender shall be submitted in separate sealed cover super scribed with the tenderenquiry No. and the Part No. of the tender. Part I and Part ll sealed covers shall beplaced in another sealed envelope.Earnest Money Deposit (EMD) and cost of tender shall be submifted in two separateenvelopes, super scribed on them as EMD/Cost ofTender, as the case may be. Theenvelope containing envelopes of Part I and Part ll, along with envelopes containingEMD and Cost of Tender, shall be submitted by the tenderer addressed to:-

a) The tenders can be submitted by registered post /courier/speed posVdelivered inperson by putting in the tender box provided in the office of purchaser before thedue date & time of opening of tenders as per NlT. In case the last date ofsubmission / opening of Tender is declared as holiday, the tenders shall besubmitted / opened on the next working day at the same time) Late tender i.e.tender received after the due date and time of submission of tender due to anvi-eason shaii noi be considered.

b) Tenders through Fax / E-mail / telegraoh shall not be considered.

All tenders received against open tender enquiry irrespective of whether they arefrom the approved contractors on the registered list or others, shall be considered,provided they are on the prescribed form and in accordance with the tenderconditions and specifications.

10. Unless exempted specifically, tenders not accompanied with the prescribedEMDiCosi of Tendei' shall be rejected. EtvlD/Cost of Tender shail be in theprescribed mode of payment as asked in the NlT, otherwise, the tender shall beliable to be rejected.

I J

The validity of the tender/offer shall be for 120 days from the date of opening of theprice bid.

a) The bidder/tenderer are not allowed to revise the price bid, during the validity ofthe price bid already submitted. In case, the bidder submit a revised price bidsuo-moto, original as well as revised offers shall be opened and lowest will beconsidered only.

b) The rate.negotiations could be held up to L3 bidder, if the difference between theLl quoted rates and those quoted by L2 and L3 is within 5% of the Ll quotedrates. In case where the L1 bidder refuses to further reduce his offered price andthe L2 or L3 bidders come forward to offer a price which is better than the priceoffered by L1 bidder,-the bidder whose price is accepted becomes L1 bidder.However, in such a situation, the original L1 bidder shall be given one moreopportunity to match the cliscounted price. In case of acceptance, he would betreated as L1 bidder.

Raies shall be quoted by the tenderer, item wise with price breakup on FORdestination basis. No deviation in terms shall be allowed. However, if not providedseparately, then loading of Packing & Forwarding, Freight and Transit Insuranceshall be done, for comparison purposes, as under:

(i) Packing &Fonivarding: @ 0.5% of basic rate.(ii) Freight: @ 2.5Vo of basic rate.(iii) Transit lnsurance. @0.25% of basic rate.

14. Purchase preference of the tendered quantities may be allowed as per policy of theState Government to the Industrial Units located in Haryana on the lowest valid ratesif tenderer so claim with requisite documentary evidence.

L

4 aI t -

12.

Firal Drafr

15. The bidders i Suppliers shall observe the. highest standards of ethics duringthe submission of tender, procurement and execution of the contract. In caseof evidence of cartel formation by the bidde(s) EMD is liable to be forfeited.

16. The bidder shall bear all costs including bank charges, if any, associated withthe preparation and submission of his bid, and the purchaser will in no casebe responsible or liable for those costs, regardless of the conduct or outcomeof the bidding process.

17. Purchaser reserves the right to cancel the NIT or to change qualiffing reiuirementor to reject any or all the tenders so received without assigning any reason

Signature of

Authorised Signatory

Annexure - 5(Referred to in Regulation 7.1)

HARYANA POWER GENERATION CORPORATION LIMITED

TENDER FROM

From

Office No.Dated:

Subject- suRMlsstoN TENDER AGAtNsr NoIcE tNvtflNG TENDERNO._--_- DATED OF HARYANA POWER GENERATION CORPORATIONt T n

Dear sir,

\Afith reference to your above mentioned notice inviting tenders, l/ wehereby offer to supply genuine goods and materials (quantity and rates of the goods and .material are described in he attached terms and conditions) and shall execute the work trulyand faithfully within the time specified and +et forth in the attached terms and conditions. Thegoods and materials to be supplied will be of the quality and answerable in every respect withthis tender. lAre shall be responsible for all complaints as regards the quality of material andin case of dispute, the decision of the Corporation witl be final and bending on me/us.

2. A crossed postal orderl Bank draft No.forthe prescribed amountof Rs. _1Rup"u. %n

,, favour of , is enclosed, as eamest money as desired. I fully understand thatin the event of my/our tender being accepted, this earnest money shall be retained by you as

-t""utnt

deposit payable by me/us for the faithful and satisfactory execution of the contract.

As l/we an{l are a registered supplier on the approved list of HpGCLand have already made a permaneni earnest money deposit of Rs. vide HpGCLregistrat ionNo.-a| lotedtome/us, l /weam/argnotrequiredtofurnishanyearnest money with this tender.

*(Delete whichever not applicable).

To

I further understand that the final payment of 5% or 10% as the case may be,will be retained by you further as security deposit for the entire duration of the purchase orderincluding the period for which the warranty remains applicable.

3. l/ we shall have no claim to the refund of the earnest money prescribed againstthis tender in the event of my/ our non -compliance of the purchase order, provide such orderis placed within the period of validity bf m'y'lour tender as indicated in paragraph 4 below.

I further understand that my earnest money will stand forfeited even if Iwithdraw my tender at any stage during fre currency of the period of validity.

4. My / our tender shall remain valid for a period of _ days fromthe last date prescribed for submission of the tenders against the Nlr No. _ dated

5. My/ our tender along with the terms and conditions with the relevant columnsand annexure duly filled in under my /our aftestation and with each page of the tender papers

' (including the enclosed terms and conditions signed by me/us, (ln the capacity of Sole owner/general or special attorney, in proof of which power of attorney is attached) is submitted forfavorable consideration.

6. l/ we have read the enclosed terms and conditions carefully and have signedthe same in token of their absolute and unqualified acceptance. My/our lender constitutes afirm offer under the Indian Contiact Act, 1972, and is open lo an acceptance in whoie or inpart My/our offer, if accepted on the attrached terms and conditions will constituted a legallybinding contract and shall operate as a contract as defined in the Indian Conlract Act, 1g72, 1and the Indian Sale of Goods Act, 'l930.

Thanking you,

Your Faithfulty,

Name and full address oftenderer.

Place _____

Dated --------

1 )

2i

'lllfl,,"-u(Referred to in regrrlation 7)

GENERAL TERMS AND CONDIONS OF CONTRACT (Work order)

f f iacontra-c t "s l " :1"ntwi thHPGCLonaNonJudic ia |StampPaper;i';r;ptd;;ie value within 07 davs of receipt of work order'

f f iebidder,str ict|yas,perratequotings!e.et.anciiheagreedcontractprice sharl remain firm iuring the currency of fi; contract. Aiy statutorv taxes/levies' if to be

charged extra, should te cl&rly '"9':it:1?I^t,""OLi"t in their offer separately' failing which it

wi l lbepresumedthat thequotedpr icesareinc lus iveofa l |suchstatutorytaxes/ lev ies.

EARNEST MONEY.AND sEcuRlrY BEPgSLTEvery tenderer, whrle subm-mffi his$der, siali deposit the earnest money specified in the

NIT (' ) oy way of dJmand draft drawn in tavour of the sr. Accounts officer- HPGCL

p a y a b l e a t o r b y c a s h d e p o s i t . T h e p a y m e n t c a n b e m a d e b y R T G S a | s o . | n c a s e o f R T G Sproof of deposit ot earnest'ttltoney containing UTR number etc' duly certified by the bank shall

be submitted. rarnest money jeposit shall necessarily accompany the sealed tender in

separate envelope, without which the tender shall be rejected forthwith'

Theearnes tmoneyfurn ishedbythesuccess fu | ienderersonwhomtheworkorder isp lacedohal he nnnvede<! into seeUrity deposits as a guarantee for faithful and satisfactory execution5 l l a l l u 9 v v r r r v r r v v " ' -

of the work order.

(TheEMDof theunqua l i f iedb idderswi | | .bere turnedwi thoutany in te re}s t ,asprompt |yaspossible, within 30 o"i";,u, dcclaration.of qualification result and thai of unsuccessful bidder

withinl5daysoftneexecut ionofthecontractwiththese|ectedbidder).

The security Deposit shall be 10% of the contract value in all the cases' The deduction of the

security deposit shatt te regulated according to the nature of the contract' which may be any

one of the followings:

10% amount e kept as securitY

; # ;.' il"iu r, tn u e rrrr o ! r * i-o;r-1",0.",":t""1,?: il "" ::::i : H i I 3:

3)

5#:lJili;';,';;;toeposif ana the balance amount shall be

deducted from the running bill'

accordingly to the nature of work/job'

Thesecur i tydeposi tof thecontractorshal |bereta inedbyHPGCLfor fa i th fu|execut ionof the

3"Jtl?,ii ,"rosit shail ue reteaseo onry after.compretion of the entire period of the contract and

after completion of 30 l";' oi Cu"'"nt""Y1**' period' on the certiflcate of Engineer ln-

charge /ElC fo*u"""Gul completion of GuardnteeANarranty period and submission of

,"orln" documents like last EPF / ESI return by the contractor'

No interest shall be paid on EMD / security Deposlt for the period it remains deposited with

HPGCL.

bidaAfGhati be kePt as securitYetrtO Aeposited by the successtul Dlooer snarr ue ^EPt ar 'qvs".'

deposit beside the retention -money

held from the running bills for

Final Draft

i i i )iv)v)

The earnest money /security deposii shall be for-feitec in part or in full under the following

circumstances:-i) lf the tenderer withdraws his tender at any stage during the currency ef validity period'-

iii lf the W.O. has been issued but the contractor refuses to comply with it irrespective of the

fact that HPGCL sustains any loss on account of such default or not.

ln the event of a breach of contract in any manner'ln case of evidence of cartel formation by the bidde(s)'lf the contractor fails or neglects to observe or perform any of his obligations under the

"ontiact. it shall be lawful tol tne HpGcL to forfeit either in whole or in part, in its absolute

discretion,theEMD/securitydepositfurnishedbythecontractgr.The forfeiiure of EMD/security deposit shall be without prejudice to the right of HPGCL to

recover any further amount or any liquiciaieci and/or other damages as admissible under

the law, under payments or over payments made io the coniracior ur-rder this conti'act or

any other contraci as well as to take such administrative action against the contractor as

blacklisting eic.

vi )

4) PAYMENTTERMSpayment terms sna-ll be regulated according to the nature of the work. which can be any of the

followings:

5)

For Annuai Maintenanceeontract / ARC andCivil Construction Work

T6O%-Fay#nt, itter CeO'..rcting 10% security deoosit andstatutory deductions, of the monthly running bill shall be madeafter satisfactory completion oJwor(.99ne. . .sd%Evrnent oiToniract value wilt be paid as stage payment

against ippropriate bill of the c:ntractor and on the certificationb! Engineer-in-charge that 60% work stands completed'NLxt gO'/. of contract value against appropriate bill of thecontractor and on the certification by Engineer-in-charge that100% work stand completed'Next 10% of contract value against appropriate bill of the

contractor on submission of jointly accepted protocols'

Balance 10o/o of contract value after completion of warranteeperiod against appropriate bill of the contractor' However, the

lmount iould be'released after 30 days of completion of work in

ait respect on submission of performance bank guarantee ofanr rivaient amount valid for warrantee period.

For OverhaulingContracts

For Job Works f be released against

"ppropri"ie bill of the contractor and after satisfactory completion

ci'the work by deducting 10% security deposit and statutorydeductions.

Note: Onlir the applicable provisions of the above table be incorporated in the work order'

accordingly to the nature of work{ob.

MODE OF PAYMENT ^E- - - 'A_- - . . - r ^pay:me"t stlalil_;leased by the Sr. Accounts Officer/Accounts Officer,

tni6ugfr RTGS/NEFT, in the ESCROW account of the contractor which shall be used by the

contractor for payment of wages to the workers in their saving account and other statutory

;iid;;r ;kJe'pF/iiri"tc. ?or payment through RrgP/!!Flr: the contractor will open therequisite ESCROW ,""ount Oy a tripirtite.agreement with HPGCL and State Bank of Patiala'

within 7 days of lssue or tne work order ano wltt intimate the complete bank details viz' Name of

BanUBranch, Account Number, Type of Account, |FSC Code etc, to Sr. Accounts

Officer/Accounts Officer, No paymeni to tn" contractor shall be released other than in an

ESCROW account opened for the purpose'

Note: Regarding provision of ESCRO!\' account requiremqnt:

The provision of payment through ESCROW account should be incorporated in view of the

instructions issued by the competent authority from time to time'

f lnal Dran

7l

8)

6) COMPLETION PERIODThe completion peii6E-of the work as specified below shall be the essence of the contract'

The work shall be started within 7 days of issue of Lol I work order' whichever is earlier'

unless othenvise directed by the issuer of tender'

The work shall be carried ouucompleted to match with other activities in progress of the unit.

For AnnualMaintenanceContract / ARC

iiue of LOI / Work Order'

whichever is earlier unless othenvise ciirecteci by the issuer of.tender.

ine wort shall be carried out and completed on month to month basis'^^ ^^. *hn .^^, r i ramanl of the contfact

For OverhaulingContracts

For iob'Works-

The work shal l be compleleo wl ln ln t lcy- lpcr rv uqr ' r rvrr r * 'v

oate of issue of LOI / work order unless otherwise directed throughurri t ten cnmmunication.

@in days (Barto Bar) from the

cjate of issue of Loi i ivoi'k order unless otheruvise directed through

writtencommunicatiofi ' , : ;incorPorated in the work order'

accordingly to the nature of work/job

The quantum of any item of the scope of work may increase. or decrease to any extent' as per

the site requirement, suolect to the limit that totai contract value shall not exceed by 10% of the

coniraci vaiue. Paymeni-Jaff nct be made for the work not done' In case of increase of

quantum of work, tne compteiion period of the. contract will not change and the contractor will

have to complete tne iou ri,ittrln siipulated period uniess the compietion period is exiended in

writing.

RISK AND COSTln case the contractor fails to fult fill the contractual obligation, the work shall be got done fron

some other agency at ine risx and cost of the contractor. lt shall be without prejudice to the

right of HPGCI to iecover any further amount or any liquidated and/or other damages'

PENALITY FOR DELAY -L_' t _r- . . -^ r :_^1. ^aaxra+ian af *ha inh acTime is the essence of Ge contract. The contractor shall ensure timely completion of the job

-asp"r ri,prr"t"J compteUon penoJ. fn ."*. of delay in completing the work/job, the penalty for

i"i"V-*iff be imposed g't'/" of the total contrait value per week or part thereof subject to

maximum oI 10% of the contract value'

Notes:- i) The percentage of penalty and time may vary according to necessity of the contract

(particularly in overhauling contract)'

ii) contract value means basic value of the contract exclusive of taxes and duties' if

charged seParatelY.

DOCUMENTATIONThe contractor and the executive in-charge of the work shall ensure the following document

before forwarding tne uirioil," contractor-to the Accounts wing for pass and payment to avoid

delay in payment of the contractor:-

i) contractor shall submit monthly bill in duplicate to the executive incharge along with

the followings: -a) Monthly bili for the AMC / ARC work and in other cases bill for the work done' in

n

-'duplicaie. Thebil l should bd on the contracto,'s bil l book duly serially numbered and

bearing o"te oiissue, fontractors EpF code, ESI code, service Tax number, PAN &

TlN. A pnoto "opy

oi the EpF code, ESI code, service Tax number, Labour licence,

Copy of tne pass'Oook of ESCROW account, pAN a TIN shall be attached with the 1"t

running bill for reference and record'

b) Self attested copy of the deposit challan of EPF & ESI contribution, labour welfare fund

deposited OV ifj" contractoi for the labour engaged for the work duly validated with

dossier of workers and their account number in th6 appropriate prescribed performa'

c) self attested copy of the attendance sheet, wages register and evidence of wage

PaYment.ii) The bill of the contractor along with the annexure submitted by the contractor at I

above, tnourJo"lpiroveO andverified by the officer in-charge for gross value as well

s)

Final Draft

as net payable value and accompanied with the certificates/documents mentioned at iii

and iv below.

iii) certiflcate from the Engineer in-charge thaLgJ Work.has aciually been done as per the

contract and to the eitire satisfac'ti6n of ElC. b) The copy of the EPF challan, ESI

chailan etc. submitted by the contractor pertains to the labour deployed at site and

none of the worker has been exchtded there from. c) The record entry of the work done

has been taken in the small measurement book (SMB) at page no. - on dated

;*,,*r':llo:"',?f 'Y,fi 1",":?iffii.i':"*-"11#t&T"ii"ffi"!5i jl;certificate for stage payment, if required'

iv) Certificate from Labour Welfare Ofiicer / Factory Manager stating that contractor has

compiied with all labour laws and safety clearance certiflcate from safety officer. In

case of non availability of Labour Weifare Officer/Safety Cfficer, from ElC.

Note:-Documents attached along with the contractor bill should be referred in the forwarding

letter of the executive office forwarded the bill for pass and payment.

1O) PERFORMANCE BANK GUARANTEE

Unless agreed otherwise, Contractor shall submit bank guarantee of the nationaiized bank

equivalenito 10% of the contractvalue in the prescribeci perfonna vaiid up to one rncnth after

compieiion of '"vari'antee period.

11) WARRANWL The contractor shall provide warranty for the workmanship of the work done for a period 12

month frorn the date of completion of wort< / 18 month from the date of commissioning of

equipment(s) after overhauling whichever is earlier'

ll. During ihis period if some equipment(s), which has .been attended by the contractor, is

found to Oe Oetective, tire sanie wili ,'ilve to be aftended again without any. additional

charges to HPGCL. ln such cases, warranty period shali start from the date of such

repair/rectiflcation. In case the contractor fails to respond within a reasonable time' the job

wiil be got done from any other agency at the risk and cost of the contractor'

12) FORCE MAJEUREThe delay in the ampletion of the work may be treated as force majeure to the contractor only

lT:-

a. the delay is resulted 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 "utn*ity,

fires, floods, strikes, lock-ouis, freight embargoes, war-risk riots and

civil commotion. and

b. the contractcr's request for extension of the delivery period along with all necessary

evidence comes, beiore the expiry of the schedule date(s) of delivery.

13) lpLE LABOUR CHARGESa) No idle taoour Jffilt be admissible in the event of any stoppage caused in the work

result ingir icontractor,s|abourbeingrenderedidleduetoanycause.b) In case ot non'op"i"tion oi tn" ulniUunits, due to any reasons' on the prior instruction of

HPGCL,ofat leastTdaysandworUacl iv i ty isnotcaniedo-ut:i) for up to oie *ontn, a deduction @-35V: payment of particular work will be made'

ii) for more than one month, a deduc]ion @ 50% payment of particular work will be made'

14) OVER RUN CHARGESNo over run char!:es strall be paid in the event of the completion period being extended for any

reasons.

15) WATCH & WARDThe watch and ward of T&p and bther material will be the responsibility of the contractor.

Thecontractorsha| tmaf f iv id ingal | fac i | i t ies | ike|odging,boarding.furniture and transportat'ron etc. for his sripervisors/staff engaged by him for the job'

1 6 )

Finai Draft

17) STATUTORY DEDUCTIONSSiatutory deductio;;;6unt of Income Tax, Works Tax & Sales Tax etc' including

surcharge shalt oe made at source from the bills of the contractor ai the prevailing rates'

F18) !lY'' "J)' ^" "'!'i':'.'i':l- Act, Minimum Wages Act,Strrct adherence of various applicable labour la Fnr A ̂, ^^-+-^^+^!E [i'#,

'E #;t ;' ;6;5'A"t,- ih "- wo*ma nt 9 "* ??Ti!: : -1*, -5: I-11 ""-":::::"jffi;"ihd,iffoi ; i;;fiil"i ft, igzo ano au other statutory requirements as amended

. ^ - - a - ^ r r c i ^ r ^ r a ^ . * A r r f h n r i l i a c c h z l l h e f h e

l?J,i"i',)["Y,ffi;'; il;;til ;;iisiaction or centrat/state Govt. Authorities' shall be the! . - - - - - . . s ^ - ^ J L . ,

l"Jo"llii"tr li'i'," i"",*"1"' ;1,o h. sharr have 9-T:9-s?"Sflli']l^3lX:,""11e{:1, ll'ff[['ifi.'#ffi ojieraut in this regard by the contractorl.EPF/Esl contributions-will be

. - - r : . . ^ ^ ^ ^ ^ . ' - + n { l L r o5,#;il';ffi;';i';;i;i.'ni" "*"t*',tt:::1: lo-'.111".J:"J^1*::^?:::::: "j,ll:;,ffi;::HJ ;ilil;win submit the copy ot Lprrcst challan to the Factory Manaser, at the

ii*" ot SOy" payment along with conesponding iist of workers

T# ffi;:ff'#ii'##,h;'p"y;;i;i*ig'. to its iabourin,th.eir savins account linkedL ^ - . . L * : s ^ l ^ t ^ n a r r r i + h

;ifi ;:':tt"io:i, #ffi;il;;ilJnt"rv?io"nce thereof shail be submitted alons withthe running bil ls.

1 s ) ! N @ , - - - ^ , ^ fT h e : o n t r a c t o , w l t t o " ' o t e | y r e s p o n s i b | e f o r a n y | i a b i | i t y f o r ' h i s w o r k e r s i n r e s p e c t o f a n yaccident, in.iury arising out and in course.oicontractor's'employment' To meet his aforesaid

obligation unOer tne vioifmen Compensation nci, The contractoi mav obtain \SJ'C' Pclicy frorn

rr.a !ne!!ren.o Comnanv for. the DerSOns employed by him fOr Carrying Out the WOrk' Thet l l g l l l J u l q l l v e v v r | ' Y s t ' , ' - ' . ' ' : F

- -

premium payable tdi ttiu aforesaid Insurance Rtticy itratt be borne by the contractor' The

contractor shall ensure that the said Insurance Policy of this insurance cover is required to be

submitted Uy tne coni;or to Engineer-in-cnarge oi work immediately after issue of LOI' but

before the start of work.

20) SAFETY RULES ,- :_-- ^r ^^r^r , - . , raa Tha (-h iof safctr r cA Firm shall have to comply with all the prwisions of safety rules' The chief safety officer

may impose penalty of Rs.200I- per day,plr head if the.workers of contractor are found to be

working caretessty'ivitnort piop"ip.t"&iu" equipments in unsafe conditions' Against violation

of any other ctause, a penalty of Rs 500 i- pei viotation (minimum) shall be levied' In case of

repeated violation of serious nature resulting in various.ierious accident or direct loss to the

corporation /threatens to cause severe "on.'"qr"nt"s,

higher.penalty rates may be imposed

inctuding "rrp"nrionl

termination of the conira"t. tt "ny

aCtion is initiated by Chief inspector of

factories, cnanoigarh;;;;y other authority against occupierffactory manager or-any other

authority of HpGCi in """"

i,t any fataUnon tatat accident or any other violation of factory act'

1948, Pb. Hr. factory rutes, 1952 o, "ny

ottt"t industrial or labour act' the contractor shall be

liable for the same and also to deposit tnl amount of fine/penalty if any. In case of default

action as deem fit shall be initiated against the contractor'

A safety clearance certificate on quarterly basis from the.chief safety officer shall be obtained

by the ioniractor and has to be attaehed along with the bill'

This office reserves the right to claim adequate compensation from the contractor on account

of any damag" "u*"U

toihe plant A equipm"nt handed over to.him for execution of the work'

due to careleis handling or negligence on the part of the contractor'

21) ARBITRATIONAll matters,.questions, disprrtes, differences and / or claims arising out of and / or concerning'

and /or in connection with, and /or in consequence of, andior relating to the contract whether

or not obligations of either of both the supplier and the .corporation under that contract be

subsisting at the time of such dispute anC whetner or not the contract has been terminated or

purported to Oe ierminated or -iompteteO, shall be refened. to the sole arbitration of MD'

HpccL o, ,n om"!i "pp"t1"o

by the MD, Hpoct- as his nominee' The award of the Arbitrator

sha| lbef ina|andbindingonboththepart iestothecontract.

22) LAWS GOVERNING CONTRA9T9All contracts shall-GlpG;;;Et-fte laws of India forthdtime being in force'

l r r e s p e c t i v e o f t h e p l a c e o f d e l i v e r y , p | a c e o f p e r f o r m a n c e o r p l a c e o f p a y m e n t u n d e r acontract, the contract shall be deemed to have been made at the piace from which the

acceptance oftender has been issued'

5

Final Draft

Jurisdiction of Courts- The courts of the place from where the acieptance of tender.has been

issued shall alone have exclusive jurisdiction to decide any dispute arising out of or in respect

of the contract.

23) SET OFFAnysumofmoneydueandpayab|e to thesupp| ie runde. r the-cont rac t ( inc lud ingsecur i ty -deiosit returnableiotne suppiiei; may be appropiiated by the HPGCL and set-off against any

claim of the Corporation for'ti're paymint of 'a

sum of money arising out of under that or any

other contract entered into by the supplier with the HPGCL'

24) SUBLETTING and ASSIGNMENT_ , s f e r o r a s s i g n t h e c o n t r a c t o r a n y p a r t t h e r e o f . . o r i n t e r e s t

therein or advantage thereof in any part theieof in any manner whatsoever without prior

consent of the Purchaser.Note:- 1. Unless agreed otherwise the above terms and conditions of the contract will form the part of the purchase

order after nnatiiing the procurement proposal. The word tenderer where ever used above shall be read as

supplier. euove rlc aie equally applicable in case of limited / proprietary enquiry as well' .The non

applicability / modification in'the afoiesaid clauses if agreed shall be mentioned / attached in / with the

Purchase order sPecifi callY.2. purchasing autttoiity snarf iut dated initials on each pages of the purchase order including the above terms

' and conditions printed on both side ofthe paper'

3. Any other ter* iot o"Rn"o in instructions io the bidder or above terms and conditions should be interpreted

. as defined in HPGCL Purchase Regulation'2011''4. The term "Bid, ;; "tendef ani their derivatives ("Bidder / Tenderef 'Bidding / Tendering") are

synonymous. Singular also means plural. Authorized Signatory

Final Draft

Annexure - 6(Referred to in regulation 7)

GENERAL TERMS AND CONDTTIONS OF CONTRACT (Supply order)

1) Def in i t ions:-In the contract (as defined below) unless the context requires otherwise the words andexpressions defined below shall have the meaning hereinafter assigned to them.

a) The 'Purchaser' shall mean the HPGCL and shall include its successors in office andasslgns.

b) The 'Supplier /Manufacture/ shall mean M/s.the Supplier's legal representatives, successors, and assigns.

c) 'Material' shall mean and include the material to be supplied by the Supplier undlr thecontract as per contract.

d) 'Specifications' shall mean and include the specifications as detailed in the Annexureattacherj herewiih anrj drawings attached ihereto as weii as samples an,i paiieins, (if any).

e) 'Drawing' shall mean the drawing /drawings annexed to the specification (if any) or asapproved by the purchaser.

f) The 'Site' shall mean and include lands & buildings over / under upon where the materialsare to be installed and used in accordance with terms & conditions.

g) 'Place of delivery' shall mean the place of delivery at which the Supplier is responsible todeliver the materials at the specified contract price.

h) The terms "F.A.S', 'F.O.R', 'F.O.B.', 'C.l.F.' and other shipping dispatch terms as usedherein shall have meaning in accordance with their usage in lndia.

i) 'Work' shall mean and include supply of ali materials, plants and equipments andrendering of other services by the supplier under this contract

j) 'Consignee' shall mean the officer to whom the material is required to be despatched orthe person specified in ihe purchase order.

k) 'Contract' shall mean the Notice Inviting the Tender, Tender Form, and conditions ofcontract with their annexure and Purchase Order / Acceptance of offer / tender/LOl/LOA.

l) 'Purchasing Authority' shall mean the officer signing the acceptance of tender and shallinclude any officer who has authority to execute the relevant contract on behalf of thePurchaser.

m) 'Purchase Order' shall mean an order of supply of material including the acceptance of thetender.

n) 'Annexure' shall mean the Annexure to the terms & conditions.

o) 'Test' shall mean such test as is prescribed by the lSl or by the HPGCL and / orconsidered necessary by the authorized agent of the Purchaser whether conducted /performed or made by him or any other agency acting under his direction.

p) 'Delivery' shall be deemed to take place on delivery of material in accordance with termsof the Contract after test and inspection by the Purchaser or his authorized agent, to theconsignee. lf the rates are ex-works, date of dispatch/Goods Receipt (GR) and in case therates are FOR destination, date of receipt of material in store in good conditions shall betreated as date of delivery.

q) 'lnspecting Agency' means the agencies nominated and authorized by the competentauthority for inspecting the material at the works of the supplier or at the designated placeof inspection prescribed by the purchasing authority.

r) 'lnspecting Officer' means, officer of the Corporation appointed by the Chief Engineer orthe purchasing authority for inspection

s) 'Contract Value' shall mean the bare value of the goods 'ex-works price' without taking intoaccount taxes, duties or any other incidental charges where the price is ex-works, butwhere the prices given in the PO are on FOR destination basis inclusive or exclusive ofED and-CST etc., tlre 'Contract value' would mean FOR destination prices, given in thePO inclusive of ED, CST, other statutory levies etc. as the case may be.

and shall include

Firal Draft

t) 'Total Contract Value' shall mean contract value plus statutory dues like ED, CST etc. andany other amount payable under contract.

2l PARTTES:The parties to the Contract are the Supplier and the Purchaser, Legal address of the Partiesto the Contract is as under:Supplier: M/s. On which P.O. is placedPr r rnhacar ' l Haryana Power Generation Corporation Ltd

For all purposes of the contract, including the arbitration there under, the address of theSupplier mentioned above, shall be the address to which all communications addressed tothe supplier shall be sent, unless the Supplier has specifically intimated a change thereof. -

3) AUTHORITY OF THE PERSON SIGNING THE CONTRACT ON BEHALF OF THESUPPLIER:-It is presumed that the person who has signed these Tender-papers (including the termsand conditions) has got authority to sign on behalf of the supplier. lf it is discovered at anytime that the person so signing had no authority to do so, the purchaser without prejudice toany other right or remedy available to him, may cancel the contract and make a purchase ofthe material at the risk and cost of such person and hold such person liable to the purchaserfor all costs and damages arising from the cancellation of the contracl including any losswhich the purchaser may sustain on account of such purchase.

4l PRTCES:. iii liem wise prices with price bi'eakup (i.e. cost price, fi'eight, taxes and duties sepa,'ately) shall

be quoted by the bidders on FOR destination basis and shall remain FIRM during thecurrency of contract unless otherwise agree. No deviation in terms should be allowed.However if not provided separately, then loading of Packing & Forwarding, Freight andInsurance shall be done, for comparison purpose, as under:

(a) Packing & Forwarding: @0.5o/o of the basic rate.

(b) Freight : @2.5o/o of the basic rate.

(c) Transit Insurance : @ 0.25o/o of basic rate,

(ii) ED / Sale Tax, if charged, separately shall be paid as per actuals within delivery period onproduction of following certificates:

a. Excise Dutv Certificate: a) Certified that the excise duty charged in the bill is not morethan what is payable under provisions of the relevant act or rules made there under. b)Certified that the amount of Rs. claimed as E.D. in the bill is in accordancewith the rules made there under in all respects and that the same has been paid to theExcise authorities. (Signature of Supplier). Further, self authenticated taxinvoice shall be provided containing the following information: i) Rate of Excise departmentii) Date and time of removal of goods c) Reference of entry in PLA register and RG-23.

b. Sales Tax Certificate:- a) Certified that transactions on which tax has been claimed willbe included in the return to be submitted to the sale tax authorities for assessment of salestax and the amount claimed from the HPGCL shall be paid to the sales tax authorities. b)Certified that the goods on which sales tax has been charged have not been exemptedfrom sales tax under Haryana/ Central Sales Tax Act and Rules made there under. Thecharge on the account of the sales tax on these goods are correct under the provisions ofthe relevant act and rules rnade there under. c) Certified that we shall indemnify to HPGCLin case it is found at a later stage that the incorrect payment has been recovered onaccount of sales tax by us. d) Certified that we are registered as dealer and ourHaryana/CST no. is _. Our CST No. is (Signature of Supplie|

Note: Any increase in taxes & duties after the delivery period shall be on the supplier'saccount and shall not be borne by HPGCL (The above note shall not be applicable in casesupplier is a Govt./SemLGovt./PSU),

(ii i)EscALATtoN/PRlcE VARIATION CLAUSE.No escalation shall be permitted in respect of any increase nol arising out of the operation ofany law and statutory or mandatory order of the Govt. of India or the concerned State Govt.In case the period of the purchase order for completion of supplies is more than one yearand tenderer wishes to include an escalation clause in his quotation then bidder shouldprovide full details of the escalation forrhula and bring out precisely the actual increase in

(iv)

5)

_ Final Draftthe price of ihe finished item for every rupee worth of increase in each item of rawmaterial/component of wages, to which the escalation applies. The tenderer shall furnishsuch documentary evidence, as may be required by the HPGCL, in support of the increasein respect of each item of raw material/component of wages etc. for which the escalation isclaimed. No escalation/price variation shall be considered beyond the scheduled deliveryperiod. However, for valuation of L1 bidder the total contract value for the contract periodshall be considered.Foreign Exchange variation :In case of the contract for procurement is in foreign currency then the applicability of theforeign exchange variation should be cle:rly" defined. The pei'iod of the applicability of theexchange variation should be restricted according to the delivery schedule. Ordinarily theexchange variation should not be permitted in the extended period of the delivery.EARNEST MONEY AND SECURITY DEPoSIT:-Every tenderer, while submitting his tender, shall deposit the earnest money specified in theNIT (Rs. ) by way of demand draft drawn in favor of the Sr. AccountsOfficer/A.ccounts Officer', llPGCl- payable at Panchkula or by cash deposit. The paymentcan be made through RTGS aiso. in case of RTGS, proof of deposit of Earnest lvloneycontaining UTR no. etc. duly attested by the bank, shall be submifted. Earnest moneydeposit shall necessarily accompany with the sealed tender in separate envelope, withoutwhich the tender shall be rejected forthwith.

The earnest money furnished by the successful tenderers on whom the purchase order isplaced shall be converted into security deposit as a guarantee for faithful and satisfactoryexecution of the purchase order up to warranty period.

The EMD of the unqualified bidders will be returned by the purchaser without any interest,as promptly as possible, within 30 days after declaration of qualification result and that ofunsuccessful bidders within 15 days of the execution of the contract with the selectedbidder.

Provided further that the provision of this regulation may not apply to a Pirblic Sectorundertaking of the Central/ State Government, firms borne on D.G.S & D / DS&D Haryanarate contract, firm registered with Director of Industries, Haryana or with National srnallindustries coi'poration, Govt. of India or the firms having pei'manent ElvlD of Rs.10.00 Lac aithe respective project / office.

The earnest money /security deposit shall be forfeited in part or in full under the followingcircumstances:-

l. lf the tenderer withdraws his tender at any stage during the currency of his validityperiod,

ll. lf the P.O. has been issued but the supplier refuses to comply with it.lll. Where the purchase order has been complied with but the supplier stops making

the supplies after partially fulfilling the purchase order.lV. In the event of breach of a contract in any manner.V. In the case of evidence of cartel formation by the bidder(s).

In case where the Performance Bank Guarantee has been agreed by the supplier, thesecurity deposit shall be released on the completion of the supplies. ln other cases thesame shall be released only after warrantee period on the certificate of the purchaser forsatisfactory completion of the warrantee period.

No interest shall be paid on EMD for the period it remains deposited with HPGCL.

PAYMENT TERMS:-Subject to any deductions which the purchaser may be authorized to make under thiscontract, the payment for the material shall be made as under:-

One hundred percent payment shall be made within 7 working days of receipt ofmaterial at site in good condition and after receipt of 10o/o Performance Bank Guarantee,whichever is later.

or. 95% payment against docu:nents through bank within 7 working days of receipt of

information from the bank and receipt of 10o/o PBG whichever is later and balance 5To afterreceipt of matedal in good condition.

6)

Note: Receipt of material at site shall mean receipt of material 'n ,""orl]lt"T1l,rnterms of the Contract after test and inspection by the Purchaser or his authorizeO agent,along with the requisite documents specified in clause no. 10.

7l MODE OF PAYMENT:-Paymenl shall be released bv the Sr Accounts Officer,

8)

cheque payable at)er, _=-*- by account payee/RTGS/NEFT. For pavment throuohpayment through

RTGSINEFT, the supplier wil l provide complete Oanf Oetaits viz. Name oi ganUgranc"h,Account Number, Type of Account, IFSC code etc. to sr. Accounts officer,

DELIVERY PERIOD AND DAMAGES FoR DELAY:-The date of delivery of material as specified in the purchase order shall be the essence ofthe contract between the supplier and the Corporation, and the delivery of eactrconsignment must be made as per delivery schedule.

!"'lo suppiies/ consignments i"eceived after ihe date on whieh they were actuaiiy ciueaccording to the terms of the purchase order, shall be accepted by the consignee, exceptwith the written approval of the purchasing authority. Even in case oi acceptanc! of delayedsupply the supplier shall be liable to pay @ 0.5% per week or part thereof of the delay ofihevalue of the goods so delayed where the part supply is acceptable and of the pO valuewhere part supply is not acceptable, subject to a maximum of 5% r.rf the total value of thedelayed / undelivered supplies.The cjeiivery period shaii be reckonecj from the 7th day of issue of P.O.l L.O.l. whichever isearlier.Property in the material shall not pass to the purchaser unless and until the material hasbeen delivered to the consignee in accordance with the terrns and conditions of p.O..

TESTS AND TNSPECTIONS:-The tests and inspections shall normally be arranged at the supplier's premises before thematerial is dispatched to the Corporation, and copy of the inspectionl test report in suchcase shall be attached by the supplier in original along with Railway ReceipU GR and otherrequisite document as per P.O. For this purpose, the supplier sfrill give at least 15 daysnotice to the purchasing authority to arrange for the inspection of goodi offered for dispatch,on different occasions, before dispatch if inspection is not waived off. In addition to this. thesupplier has to subtnit copy of test certificates along with inspection call. Without testcertificates, pre-dispatch inspection call will not be accepted and delay on this account willbe on the part of the supplier.

!-Jl99L has the right to get the pre-dispatch inspection done from third pafi atong withHPGCL representative.

In case, the supplier is not having its own testing facility and any agency has not beenspecifically mentioned in the PO, then the supplier will submit the test certificates issuedfrom any Govt. approved laboratory.

supplier shall ensure that aii the facilities necessary for carrying out theinspection/prescribed tests are made available to the inspection officer it ihe point ofinspection tc, be carried out.In case of non conduct of testing due to non availability of material, the charges of theinspecting officers shall be borne by the supplier.The inspection call received after expiry of delivery period may or may not be entertained.Supplier shall dispatch the material with copy of inspection report and manufacturer testcertificate, immediately after inspection but not later than 7 (seven) days failing which thedelay shall be on the part of supplier for the purpose of L.D. In case of waiver oiinspection,supplier shall dispatch the material within 7 days of receipt of waiver letter or 10 days oidispatch of waiver letter whichever is earlier.

e)

Final Draft

10) DOCUMENTATION:-The supplier shall submit a set of documents as detailed below well in t ime to the followingolfices for processing his bill for pass and payment

A) Concerned Executive Enqineer (purchaser copv)-

e) Advance intimation of dispatch f) Test CertificatesB) Concerned Sr. A.O. (Accounts copv)

a) Copy of invoice in triplicatec) E.D. Certificatee) Proof of Insurance chargesS) Interchangeability Ce(ificatei) D.D on account of security deposit

k) Copy of R.R./c.R.

a) Acceptance of POc) Copy of invoice

b) Readirress of material/ inspection calld) Copy of RR/GR

CST /AT CertificateDocumentary Proof of E.D. claimedGua ranty/ Warranty Certifi cateCopy of inspection reportPerformance Bank Guarantv.

b)d)f)h)i)

e) Concerned Erecutive Enqineer/ .Slor"es (Consicnee coDv)a \ / - n n r r n f l n r r a i n a

r r r Y v r v v .

c) Dispatch particularsb) Copy of Inspeciion Reportd) Copy of RRYGR.

D) Approoriate branch oJ State Bank of Patiala. if document are to be neqotiated throuqh Banka) Copy of invoice b) Originat RRy GR.

Note:-lf the documents shown above are not sent to the appropriate office within due periodthen bank document will not be retired and the responsibility for demurrage/ wharfageor auctlon of materla! wil l be on the supplier-'s acccunt.No interest, what so ever on any account shall be paid by HPGCL.

Bank Charges if any shall be borne by the supplier.

11) PACKING:-The supplier shall provide for secure protection & packing of the equipment in accordancewith the best established Practices so as to protect the equipment from damages. Anybreakage, damage and/or pilferage includirig when in transit arising from faulty pac[ing shallh a l h c r e c n n n c i h i l i f r r n f t h o c r r n n l i a r

All packages shall be visibly marked mentioning purchase order number & name of buyer inbold letters & must contain copies of challans/packing slips inside.

12) MODE OF TRANSPORTT-Ihe normal mode of transport for dispatch of material from supplier's end shall be by train /approved road transporter of HPGCL.

13) TRANSTT TNSURANCE:(A) The material shall be insured against all risks and loss for its full delivered value up

' to the destination station. The insu.rance charges frcm dispatching station up to thedestination station will be borne as per provision in the PO. The Supplier shall produceinsurance cover and also a stamped acknowledgement receipt of the insurance company forthe premium paid by them in support of their claim, if any. The consignee snait reportlosses/damage io the Supplier at the earliest possible of the receipt of the consignment atthe site.

It will, however, be the responsibility of the Supplier to prefer timely claim on the insuranceunderwriters. The Supplier will make good the losses / shortages, replace / repair thedamage to the consignee irrespective of the claim lodged / to be lodged with the insuranceunderwriters or other appropriate authorities.

The Supplier shall supply or replace such material or parts as are lost in transit withinreasonable time based on the delivery period free of charges.

The Supplier shall be responsible for all loss, destruction, damage, deterioration of thematerial from any causes whatsoever in the course of transit from the Supplier to theconsignee. lf insurance is in the scope. cf consignee, the firm will intimated to consigneeadvance about dispatch of material otherurise all the losses;fr any will be in the account ofsuppl ier .

(B) In case of supply of material against documents through bank, no material shall beaccepted without proper transit insurance.

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14) PERFORMANCE BANK GUARANTEE;_Final Draft

supplier shall submit bank guarantee of the Nationalized Bank equivalent to 10% of theorder value in the prescribed Performa valid up to one month after completion oi *"rr"ntu"period unless otherwise aoreed.15} WARRANTEE:

The supplier shaii be-made responsibie to replace free of cost, with no transportation orinsurance cost to the corporation, up io the destination tnownoL or any part of the material,which in normal and-proper use proves defective in quarity oiwort<mansnip,-s"oi""tli tn"condition that the defect is noticed within 12 months tiom tne date of use of material at siteor 18 months from the- date of receipt, whichever perioa may expire earlier. The consiqneeor anv other officer of the corporation actuatty usins the rn"t"iii *iriil'ffi;;ojii" oteach such defect to the supplier as well as tn'e purirrasing nutnority and the Sr. A.o.. Thereplacement shall be.effected.by the supplier within reaso-n"oi" tir"!, out nor,-in "niL"",exceeding 45 davs. The supplier shall, aiso, arrange to remove ttre oerectivellpprv iliili"

"reasonable period,. but not exceeding 45 days frori tne date of iisue of the notiJd-i'n iesp."tthereof' failing which, the corporation shali reserve th; ;ighi tt oi"por" off the defectivernaieriai in any manner considered fit by it at the sole risk a-nd cost of the supplier. nnv "areproceeds of the defective material after meeting the expenses incurred bh it"

"ritooy,disposal, handling etc. shall, however, be credlied to ir,i "upprieds

account and set offagainst any outstanding dues of the corp.lration against tne supitier.The supplier shall furnish warrantee certificate staiing that, "we will be responsible to replacewithin 45 days of the date of issue of notice, free of c-ost, with no transportation or insurance-cost to the corporation, up to the destination the.*lol" or any part oi tire mateiiaiffirieoby us against P.O. No.- dated within a period of--wirich in normai ano proper us" prou". defedG in quality or workmanship,within 12 months from the date the m-aterial is received oy flre consignee or 1g mcnths f,.omthe date of dispatch whichever is earlief.The provisions'shall, mutatis mutandis apply to the replaced material. In case ihe material isagain found to be defective within a perioi of 12 months of its reptacement, it shall alsohave tc. be replaced. similarly (Guaianiee/warrantee clause inrtt o" applicable to thereplaced material also).

-,16) FORCE MAJEURE:=The delay in ihe cieiivery of the supply may be treated as force majeure to the supplier only

i) The delay in manufacture or delivery of the material /equipment on order result fromany causes^arising out of complianc,e with regulations,'oiders or instructions of theCentral or State Governments, acts of God, icts of iivil & Miritary auti,ority, no",floods, strikes, lock-outs, freight embargoes, war-risk riots and civil commotion andii) The supplier's request for extention of the delivery period along with all necessaryevidence, before the expiry of the schedule date (s)'oi delivery.f'lon -availabiiity of raw materiai or any other similar cause shall not be considered as a forcemajeure circumstance.

17) DEMURRAGES;-The Supplier shall be responsible for all demurrage charges due to late receipt of G.R. andnon-receipt of .prior intimation. of dispatch of material to lhe consignee. G.R.'tniough'uantother than specified one will not be accepted. lf any consignrent and or its relevantshipping document are dispatched to an incorrect address / desiination or parts of the case,the additional expenses involved &" delay in delivery shall be to the Suppliei,s account.

- - '

18) ARBTTRATTON:All matters, questions, disputes, differences and I or claims arising out of and / orconcerning, ahd /or in connection with, and /or in consequence of, anl /or. reiatinjlo'*recontract whether or not obligations of either of both the Supplier and the corporatio-n unJerthat contract be subsisting at the time of such dispute and'whether or not the contract hasbeen terminated or purported to be terminated or completeo, i-nau be referred to the sorearbitration of MD, HpGCL.or an officer appointed Uy tne frrfq'UieCt

", nis nominee. ineaward of the Arbitrator shall be final and binding on both the parties to the contract.

1e)

20)

Final DraftThe objection that the Arbitrator has to deal with the matters, to which the contract relates. inthe course of his duties or he has expressed his views on any or all of the matters in disputeor difference, shall not be considered as valid objection.

The arbitrator may, from time to time, with the consent of the parties to the contract enlargethe time foi' making the award. The venue of the arbitration shall be the place from which theacceptance of off,er is issued or such other place as the Arbitrator, in his discretion, maydeternine.Al arbitration proceedings under this regulation shall be governed by the provisions of theArbitration and Conciliation Act, 1996 and the Rule there under, with any statutorymodification thereof for the time being in force.

LAWS GOVERNING CONTRAGTS:-AII contracts shall be governed by the laws of lndia for the time being in force.lrrespective of the place of delivery, place of performance or place of payment under acontract, the contract shall be deemed to have been made at the place from which theacceptance of tender has been issued.Jurisdiction of Courts- The courts of the place from where the acceptance of tender hasbeen issued shall alone have exclusive jurisdiction to decide any dispute arising out of or inrespect of the contr act.

RISK PURCHASE:.In tlre case of delay or non-supply of any or all the material on the dates they are due, theHPGCL will have a right to refuse to accept such delayeC supplies and to make thepurchase of the material so delayed or not supplied from any alternative source or throughdeparimeniai manufaciure, ai the soie risk and cost of the supplier. Any extra expenditureincurred on such purchase or departmental manufacture shall be recoveiable in fuli from thesupplier in addition to the Corporation's right or claim for applicable liquidated damages orpenalty.

INTERCHANGEABILITY:-Supolier shall furnish interchangeability certificate, wherever applicable, that all the sparesare identical in construction, interchangeable and suitable to the equipment installed at site.

SET OFF:-Any sum of money due and payable to the supplier under the contract (including security-deposit returnable to the supplier) may be appropriated by the HPGCL and set-off againitany claim of the Corporation for the payment of a sum of money arising out of under that orany other contract entered into by the supplier with the HPGCL.

PATENT RIGHT:-The suppiier shali indemniry ihe Purchaser against ali third-party claims of infringement ofpatent, trademark or industrial design rights arising from use of the Goods or any partthereof in India.

SUBLETTING AND ASSIcNMENT:-The Supplier shall not, sublet, transfer or assign the contract or any part thereof or interesttherein or advantage thereof in any part tf,ereof in any manner whatsoever without priorconsent of the purchaser.

Note:-1. Unless agreed otherrrrise the abbve terms and conditions of the coniract will form the part of thepurchase order after finalizing the progurement proposal. The word tenderer where ever used aboveshall be read as supplier. Above T&C are equally applicable in case of limited / proprietary enquiry aswell. The non applicability / modification in the aforesaid clauses if agreed shall be mentioned /attiached in / with the purchase order specifically.

2. Purchasing authority shall put dated initials on each pages of the purchase order including the aboveterms and conditions prinied on both side of the paper.

3. Any other term not defined in instructions to the bidder or above ierms and conditions should beante!'preted as defined in HPGCL Purchase Regulation "2011'.

4. The term "Bid" and 'tended' and their derivatives ("Bidder / Tenderer' "Bidding / Tendering') aresynonymous. Singular also means plural.

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22)

23l.

241

Authorized Signatory

. Final Draff

ANNEXURE.a

SPECIFIGATIONS / SCHEDULE OF DEIVERY OF MATERIAL'

Signature & Stamp of Bidder

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