Revised Distillery Tender.pdf

7/22/2019 Revised Distillery Tender.pdf

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1

Revised

NOTICE INVITING TENDER

FOR

30 KLPD TOTAL SPIRIT/28.5 KLPD EQRS BASED MULTIFEED

DISTILLERY PLANT

Tender Document may be purchased

from

RAJASTHAN STATE GANGANAGAR SUGAR MILLS LTDNehru Sahakar Bhawan, 4

thFloor, Bhawani Singh Road

Jaipur302006 (Rajasthan)

Ph. 0141- 2740246, 2740040, 2740068Fax No. 141- 2740676

Website : www.rsgsm.in
http://www.rsgsm.in/http://www.rsgsm.in/http://www.rsgsm.in/http://www.rsgsm.in/


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Website : www.rsgsm.in

2CONTENTS

S.No. Particulars Page1 Notice of Tender 3-5

2 Instructions to sellers(Submission of bid - 6, Opening of Bid - 7, Amount in figure and words - 7, correction

and alterations - 8, All pages to be initialed - 8, Addenda - 8, Bid price - 8, information -

8, enclosures - 9, Genera l Terms - 10, Clarification of Bid Documents - 13, Amendment

of Bid Docu ment - 13, Language of Bid - 13, Bid Currency - 13, E.M.D. - 13, Security

Deposit 14, Period of validity of Bids - 14, LOI - 14, Signing of Contract - 15,

Performance security -15)

6-15

3 Financial Bid Form & Price Performa 16-19

4 Detailed Terms & Conditions of the Contract

(Details of clauses No. and corresponding pages are available at Page 20 and Terms of

payment at 41)

20-54

5 Annexure I (A) Scope of Work 55-57

(B) Technical Specification 58-119

6 Annexure II General Engineering specification 120-167

7 Annexure III Performance Parameters 168-170

8 Annexure IV BGI against First Advance 171-173

9 Annexure V BGII against Second Advance 174-176

10 Annexure VI BGIII (Performance Security Bond) 177-17911 Annexure VII Form of Contract 180-181

12 Annexure VIII Price Breakup of Plant & Machinery and delivery schedule

182-183

13 A IX BG IV (Ti l D li d E ti & C i i i 184 186
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3NOTICE INVITING TENDER

The RSGSM invites Tenders for sett ing up Sugar Complex cons isting latest design double sulphitation New Sugar

Mills of 1500 TCD (22 Hrs) capacity for production of premium quality white sugar, 4.9 MWH biomass based Co-

Generation power Plant with power export equipments and 30 KLPD Total Spirit/ 28.5 KLPD EQRS based

Multifeed Distillery Plant at new location Chak 23 F, Kaminpura, Teh. Srikaranpur, Distt. Sriganganagar, on

turnkey basis and invite separate Sealed Tenders in duplicate from reputed eligible manufacturers/suppliers/AA

class contractors (for civil constructions works only) in the prescribed proforma of tender documents for the

following works :-

To set up 30 KLPD Total Spirit/ 28.5 KLPD EQRS based Multifeed Distillery

Plant complete in all respect carrying out activities for Designing, Manufacturing,Supplying, erection & commissioning of plant & machinery on turnkey basis.

Rajasthan State Ganganagar Sugar Mills Ltd. is a reputed profit generating

Organization functioning under the direct control of Finance Department of the Govt. ofRajasthan and to carry on business of Production & sale of Sugar, as distillers, manufacturers

and dealers in rectified, country liquor and Indian Made Foreign Liquor and Royal HetitageLiquor, and going to establish a Integrated Sugar Complex at Kaminpuraabout 30 KM. awayfrom Sriganganagar City at Srikaranpur-Sriganganagar Road under expansion, modernization &

relocation scheme. R.S.G.S.M. has already acquired land for Integrated Sugar Complex andhave completed almost all formalities required at various levels (Govt./Non-Govt.) in this

reference.

1.0 Designing, procuring, manufacturing, supplying and to carry out the activities of erection& commissioning and satisfactory performance of the Plant and equipment on turnkey

including services as specified in Scope of Work and Detailed TechnicalSpecification as per Annexure I (A & B) in accordance with the terms andconditions of the Tender document.


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4Tender without EMD and Tender Fee will not be accepted.

Tender through E-mail/Fax/Telegram will not be accepted.

Detailed terms & conditions can be seen on the Websitewww.rsgsm.in.

R.S.G.S.M. reserves the right for rejecting any or all applications received withoutassigning any reasons whatsoever.

5.0 Tender to be delivered at the office of : Dy. General Manager (P & S)Raj. State Ganganagar Sugar Mills Ltd.,4thfloor, Nehru Shakar Bhawan,

Bhawani Singh Road,Jaipur302006 (Rajasthan)

Phone No. : 0141-2741085,Fax No. : 0141-2740676Website :www.rsgsm.in

6.0 The Bid must be valid for one hundred twenty (120) days from the date of closing of the

Bid.

7.0 This Notice of Tender is an integral part of the enclosed bid documents which consists offollowings :

S.No. Particulars1 Notice of Tender

2 Instructions to sellers

(Submission of bid , Opening of Bid , Amount in figure and words, correction and alterations,All pages to be initialed, Addenda, Bid price, information, enclosures, General Terms,

Clarification of Bid Documents, Amendment of Bid Document, Language of Bid, Bid

Currency, S.D./E.M.D., Period of validity of Bids, LOI, Signing of Contract, Performance
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517 Annexure XIII Performance certificate

18 Annexure XIV Proforma for Authority letter

19 Annexure XV Inspection procedure of Distillery plant and machinery20 Annexure XVI Items and plant & machinery require pre-despatch

inspection at manufacturing works21 Annexure XVII Schedule of submission of drawings, manuals and other

documents.

22 Annexure XVIII Guidelines for tests and trials23 Annexure XIX Tentative layout plan

24 Annexure XX Time Schedule (Bar Chart) for completion of

Individual activit ies such as foundation, supply,erection and commissioning.

8.0 Sellers are advised to quote strictly as per the terms and conditions of the tenderdocuments and should not make any deviations / exceptions. Bids shall be opened on

22-09-2011 at 03.00 PM in presence of the sellers or their authorized representatives who

wish to be present, at the address mentioned above under clause - 4.

Thanking you.

For and on behalf of The Director Incharge,

Rajasthan State Ganganagar Sugar Mills Ltd.Jaipur (Rajasthan)


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6INSTRUCTIONS TO SELLERS

1 SUBMISSION OF BIDS

1.1 Each tenderer shall submit his bids in duplicatefor Supply of plant & machinery anderection & commissioning of the same

1.2 The sellers must submit their Bids in three Documents in separate sealed covers

separately as mentioned in Clause 1.1above as detailed below.

DOCI : TECHNO-COMMERCIAL

DOCII : Financial Bid

DOCIII : EMD

1.2.1 DOCI : (Technical Bid) TECHNO-COMMERCIAL

To contain the following:

Complete set of Tender document duly signed and stamped

Note : I n pri ce Performa the sel ler wi ll clearly state quoted rate. Under nocircumstances, should Seller enter any price in the price performa

submi tted in DOC : I .

The above documents shall form one set of the DOCI Bids. Sellers shall submit two

sets of DOCI Bids, i.e. original and duplicate sets. Both the sets shall be sealed andmarked Original DOC I Bids and Duplicate of DOC I Bids on the respectivecovers and both together sealed in a cover superscribed as:


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7FOR : 30 KLPD Distillery on turnkey basis at chak

23 F village kaminpura, distt.Sriganganagar, Rajasthan

1.2.3 DOCIII : Earnest Money Deposit (EMD)

Earnest Money Deposit ( EMD ) to be furnished on the estimated cost Rs. 2150 Lacs@ 2% i.e. Rs. 43.00 Lacs through a Demand Draft or Pay order in favour of

Rajasthan State Ganganagar Sugar Mills Ltd. Jaipur inside a seal envelopesuperscribing the following :

AGAINST TENDER NO : HO-42/Pinkcity/2011-12

DUE FOR SUBMISSION ON : 22-09-2011 at 2.30 PM

FOR : 30 KLPD Distillery on turnkey basis at chak

23 F village kaminpura, distt.Sriganganagar, Rajasthan

1.3 MAIN COVER

Bid Documents duly sealed and superscribed, as detailed above, i.e. DOC I, DOC-

II and DOC III Bids shall be enclosed in one main cover duly sealed andsuperscribed as:

TENDER NO : HO-42/Pinkcity/2011-12

DUE FOR SUBMISSION ON : 22-09-2011 at 2.30 PM _

FOR : 30 KLPD Distillery on turnkey basis at chak

23 F village kaminpura, distt.Sriganganagar Rajasthan


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83.2 If discrepancies are found between the words and figure and amo unts/total Bid price,

the following procedure shall be followed.

i. When there is a difference between the amounts in figures and words, theamounts which correspond to the total Bid price worked out by the Seller shall betaken as correct.

ii. When the amounts quoted by the seller in figures and words, tallies but the total

Bid price is incorrect, the amount quoted by the Seller shall be taken as correct.

iii. When it is not possible to ascerta in the correct amount, in the manner

prescribed above, THE LESSER OF THE TWO (i.e. between figures and words)will be taken as correct provided it is arithmetically correct.

4. CORRECTIONS AND ALTERATIONS

All entries in the Bids shall either be typed or be in ink, erasures and over-writing are not

permitted and may render such Bids liable to summary rejection. All corrections andalterations shall be duly attested by the Seller with date and seal.

5. ALL PAGES TO BE INITIALLED

All pages of the Tender document including drawing shall be initialed with seal at the lower

right hand corner or signed with seal wherever required in the Tender documents by theSeller or by a person holding power of attorney (copy to be enclosed with DOC I ofTender) authorizing him to sign on behalf of the Seller before submission of Bids. All

signatures in Bids documents shall be dated as well.

6. ADDENDA

Th P h i Add d t th Bid d t i t th d t f i f th


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9the construction and operation of the Distillery Plant. No claim will be entertained later on

the grounds of lack of knowledge.

9. Enclosures required for Evaluation of Technical Bid

The enclosures to be enclosed along with DOC- I of the Tender shall include the

following besides other such enclosures which may have been specified elsewhere in theTender documents.

9.1.0 Profile/General Information about the Tenderer :

a Name of the firm : ____________________________

b Nature of the firm : ____________________________

c Year of establishment : ____________________________

d Company Registration No. : ____________________________

e Registered Address : ____________________________

f Correspondence Address : ____________________________

with Tel. & Fax No. & ____________________________E-mail ____________________________

g Address of Branches if any : ____________________________

h Address of Workshop : ____________________________

i Name & address of Directors ____________________________

and key persons, in case of ____________________________


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10q Name of banker with full address ____________________________

r Type of account and account No.: ____________________________

Whether the firm has any suits/ ____________________________claims pending with tax authorities ____________________________

s Companys profile with reference ____________________________to work performance as under : ____________________________

i) Nos. of Complete new Distillery plant ____________________________

ii) Nos. of Expansion project ____________________________

iii) Name of the Purchaser ____________________________

iv) Cost of the project ____________________________

v) Date of Agreement ____________________________

vi) Date of commencement of work ____________________________

vii) Date of commissioning ____________________________

viii) Performance certificate shall be enclosed. ____________________________

9.1.1 The details i.e. name of Distillery plant, capacity of the plant in KLPD, date ofCommissioning, 28.5 KLPD Export Quality Rectified Spirit/30 KLPD of Total Spirit,Multifeed Distillery Plant with boiler capacity with pressure and temp. TG set

capacity with working pressure & temperature, major details of Grain and Molassesbased Distillery equipments, effluent treatment plant comprising Bio-methanation,

DDGS and Bio-compositing leading to zero discharge, cooling tower and watertreatment systems defined in this tender supplied during last five years along withsuccessful performance certificate and parameters achieved


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1110.2 The sum of the total price quoted excluding VAT, CST and excise duty which

shall be payable on actual basis will be the price for comparison and placementof orders. However the Contract Price will be FOR at site including Excise Duty

and CST as submitted in Price Performa.

10.3 The acceptance of Bids will rest with the Purchaser and it is not binding on thepurchaser to accept the lowest Bids or any of the Bids. The purchaser reserves his

rights to reject any or all the Bids without assigning any reason thereof.

10.4 Conditional Bids, Bids containing absurd or unworkable amounts and prices and Bids

which are incomplete and otherwise considered defective and not in accordance with

the Bids conditions, specification, etc are liable to be rejected.

10.5 If the Seller deliberately gives wrong information in his Bids, the Purchaser reserves

the right to reject such Bids at any stage or to cancel the contract, if awarded andforfeit Earnest money / Security Deposits / Performance Bond

10.6 Canvassing in any form in connection with the Bids is strictly prohibited and the Bidssubmitted by the Sellers who resort to canvassing are liable for rejection.

10.7 Should a Seller or Sellers or in the case of a firm or Company one or more of its

partners / shareholders holding more than 20% shares in the company/ directors havea relation or relations, employed in the capacity of an officer of the Purchaser, the

authority inviting Bids shall be informed of the fact alongwith detail of the officer.Failing this, the Purchaser may, at its sole discretion, reject the Bids or cancel thecontract and forfeit the Earnest Money/ Security Deposit/ Performance Bond.

10.8 The Bids submitted by a seller shall become property of the Purchaser who shall haveno obligation to return the same to the seller.

10 9 The Purchaser shall not be liable for any expenses incurred by the seller in the


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12reduction in the Excise duty and any other Tax after the due date of Tender will be

paid less to the Seller.

10.13 After the Tender has been accepted, the rates shall remain valid through out thecontract period (upto successful performance trial of Plant & Machinery) or 18months whichever is later.

10.14 The Tenderer shall be responsible for the proper packing of goods so as to avoid

damages under normal conditions of transport by road, sea, rail or air and delivery ofthe material in good condition to the consignee at destination (Factory site).

10.15 When the Security Deposit in full or in part is proposed to be forfeited, a notice willbe given to the Tenderer to explain within 15 days as to why the Security Depositshould not be forfeited for failure to complete the supplies and get the work done in

time.

10.16 In the event of any breach of conditions of the contract at any time on the part of the

contracts. The contract may be terminated summarily by the Director Incharge withsuch conditions as may be deemed fit.

10.17 Remittance charges on payment made to firms except through cheques will be borne

by the supplier unless specifically agreed by the company.

10.18 All legal proceedings, arising out of this contract shall be subject to the jurisdiction of

the courts situated at Jaipur City only.

10.19 Direct or indirect canvassing on the part of Tenderers or their representatives will

disqualify them.

10.20 In case of any dispute arising in contract, the matter will be referred to SoleArbitrator appointed by Director Incharge RSGSM whose decision shall be final and


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1311. CLARIFICATION OF BID DOCUMENTS

11.1 Prospective sellers requiring any further information or clarification on the bid

documents may notify in writing at the address indicated in the invitation for Bids soas the request to reach the purchaser within ten (10) days from the date of issue ofBids.

11.2 The Purchasers response (including an explanation of the query) will be sent inwriting or through email to all prospective se llers who have received the Bid

Documents, so as to reach them within ten (10) days from the receipt of such request.

11.3 The Tenderer shall have to carefully study and understand the conditionsspecifications, size, make etc. of the goods to be supplied. If there is any doubt about

the meaning of any terms, conditions or specifications etc. then it should be clarifiedduring pre-bid meeting on 31.05.2011 at 11-00 AM. The decision of the company

regarding interpretations of the conditions and specificatio ns shall be final andbinding on the tenderers.

12. AMENDMENT OF BID DOCUMENTS

12.1 At any time prior to the dead line for submission of bids, the Purchaser may, for any

reason, whether at its own initiative or in response to a clarification requested by aprospective seller, modify the bid documents by amendment.

12.2 The amendment, which shall be part of the Bid Document, will be notified in writing

or by email to all prospective sellers who have received the bid documents, and willbe binding on them. Sellers will be required to acknowledge receipt of any such

amendment to the Bid Documents.

12.3 In order to afford prospective sellers reasonable time to take the amendment into


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1415.4 The EMD will be forfe ited :

15.4.1 If successful se ller withdraws its Bid during the period bid validity.

15.4.2 In case of successful seller, if the seller fails

i) To sign the Contract in accordance with clause 19.

ii) To furnish the Bank Guarantee for Performance Security Bond inaccordance with Terms and conditions.

iii) To furnish the security deposit as specified in clause 16.1.

16. SECURITY DEPOSITE :

16.1 Successful Tenderer have to deposit security money of an amount equal to 5% of the

Contract Price Rs.. After award of the contract, EMD will be converted intoSecurity Deposit i.e. the balance amount(about 3%) to be deposited which shall beamount of security money minus amount of EMD Rswhich will be

deducted from the suppliers bills .

16.2 That all the machinery & equipment will be brand new of latest design and first class

material and workmanship. Any part found defective within 24 months from the dateof commissioning of the project shall be replaced or rectified by the seller free ofcost either faulty design, poor workmanship or use of defective material. In this

affect the purchaser will retain / forfeit security deposit of 5% of the contract valuei.e. Rs. ..Lacs.

16.3 The security deposit will be refunded after 24 months of commissioning andsatisfactory performance of the project without any interest on the amount of securitydeposited. If the successful tenderer fail to deposit the require security amount

within the period specified such failure will be treated as breach of the terms &


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1519. SIGNING OF CONTRACT

19.1 At the time of notification of award, the Purchaser will send the successful seller the

Form of Contract provided in the Tender document, containing all clauses ofTerms and Conditions between the parties.

19.2 Within fifteen (15) days of receipt of such LOI and Form of Contract, thesuccessful seller shall sign and date and seal the Contract jointly with the purchaserand return it to the purchaser or if deemed proper the purchaser may call the seller

to sign the agreement at company Head Quarter at Jaipur.

19.3 The Agreement between the purchaser and success ful seller shall be effective fromthe date of signing it by the Seller and Purchaser.

20.PERFORMANCE SECURITY

20.1 The successful seller shall furnish the Performance Security Bond of 5% amount of

contract price or equivalent amount of BG III within 180 days from the date ofsigning of Agreement, in accordance with the conditions of contract, provided in

Annexure VIof the bid document.

Signature and Seal of Tenderer


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16FINANCIAL BID FORM & PRICE PERFORMA

To

Rajasthan State Ganganagar Sugar Mills Ltd.,4

thFloor,

Nehru Sahkar Bhawan,

Bhawani Singh Road,Jaipur-302006 (Rajasthan)

Sub Bid for design, manufacture, procure, supply, Erection and Commissioning and

satisfactory performance of Plant and equipment including services as specified in

Annexure no. I (A& B) of Tender document of 30 KLPD Total Spirit/ 28.5KLPD EQRS based Multifeed Distillery Plant on turn key basis.

Gentlemen,

1.0 We have examined the complete Tender Document with all Annexure the receipt ofwhich is hereby duly acknowledged.

2.0 We, the undersigned, offer to design, manufacture, supply, performance of Plant and

equipment including services /Erection & Commissioning as specified in AnnexureI(A & B) of Tender document in conformity with the said Tender Document, includingAddenda Nos., (Insert Numbers), for the sum of (Sum of Total Bid Amounts in Words

and Figures), or such other sums as may be ascertained in accordance with the PricePerforma attached hereto and made part of this Bid.

3.0 We undertake, if our Bid is accepted, to commission of all Plant and equipment itemsspecified in the Contract as per time schedule given in the tender, as specified in Termsand Conditions of the Contract of Tender document, calculated from the date of receipt

of your Notification of Award (LOI) and in accordance with the Terms and Conditions of


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179.0 All correspondence relative to this Bid is to be addressed to the undersigned at the

following address (also give phone & fax nos., mobile no. and email id):

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

Dated this ___________ day of _______________2011

(Signature)

(In the Capacity of)

Duly authorized to sign Bid for and on behalf of

Witness (signature of Witness with address)


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18FINANCIAL BID & PRICE PROFORMA

SUB Bid for design, manufacture, procure, supply, Erection and Commissioning and

performance of Plant and equipment including services as specified in Annexure no.I (A & B) of Tender document for 30 KLPD Total Spirit/ 28.5 KLPD EQRS

based Multifeed Distillery Plant on turn key basis.

Name of Purchaser Rajasthan State Ganganagar Sugar Mills Ltd.4thFloor, Nehru Sahkar Bhawan,

Bhawani Singh Road,Jaipur-302006 (Rajasthan)

1. Cost for design, manufacture, procure and supply of plant & machinery

S.No. Particulars Amount

Rs. in

Figure

Rs. in Words

1

1.1

Total Price offered, which will be F.O.R.Purchasers' factory site, Inclusive ofnecessary facilities; insurance, local taxes

such as octroi/entry tax as applicable, VAT,CST & EXCISE DUTY etc.

Ex Works

Ex-works price (Ex-Tenderer's or their sub-contractor's workshop or place of supply) of

the 30 KLPD Total Spirit/ 28.5 KLPD EQRSbased Multifeed Distillery Plant &


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191.3

1.4

1.4.1

1.4.2

1.4.3

1.4.4

1.4.5

1.4.6

1.4.7

1.5

Break up price for individual major items of

plant & machinery for Erection,

commissioning & satisfactory trial run &performance.

All Taxes Duties

Price of all taxes and duties of which the

break-up is given below

Custom and any other duty on imported rawmaterials and finished goods.

CST

Excise duty

Service tax if any

Entry tax / octori

Any other taxes

Transit Insurance

Total Cost of Contract 1.1, 1.2, 1.3 & 1.4

2. Total cost of entire plant & machinery F.O.R. purchasers factory site (including


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20DETAILED TERMS & CONDITIONS OF THE CONTRACT

INDEX

Clause Page No.1 Definitions and Interpretations 21

2 Purchaser and Purchasers representative. 23

3 Assignment and sub-contracting. 24

4 Performance Guarantee 25

5 Detail Confidentiality 25

6 Notices. 25

7 Purchasers Obligations 26

8 Sellerss Obligations 28

9 Program 30

10 Drawings 30

11 Inspection and Testing of Plant and equipment and Machinery 33

12 Dispatch 35

13 Time of commissioning 35

14 Conditions and Time of Dispatch 36

15 Delay 36

16 Defects liability 37

17 Warranty and performance guarantee 39


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21DEFINITIONS AND INTERPRETATIONS

1. In construing the Contract the following words and Expressions shall have the

following meanings hereby assigned to them;

1.1 Purchaser means Rajasthan State Ganganagar Sugar Mills Ltd. 4th Floor,

Nehru Sahkar Bhawan, Bhawani Singh Road, Jaipur-302006, Rajasthan, andthe legal successors in title to the Purchaser but not (except with the consent ofthe Sellers) any assignee of the Purchaser.

1.2 Sellers means M/s. (name of plant & machinery supplier) India, whose Tenderhas been accepted by the Purchaser and legal successor in title to the Sellers but

not any assignee of the Sellers.

1.3 Sub-Sellers means any person party (other than the Sellers) named in thecontract or otherwise for the supply of any part of the Plant and equipment or any

person party to whom any part of the contract has been sub- let with the consent inwriting of the Purchaser/Purchaser, and the sub Sellerss legal successors in ti tle,

but not any assignee of the sub- Sellers.

1.4 Purchasers Representative means any assistant of the Purchaser appointed fromtime to time to perform the duties delegated to him under clause 2.0 (Purchaser

and Purchasers Representative) hereof.

1.5 Conditions means these Terms and Conditions.

1.6 Contract means the agreement between the Purchaser and the Sellers(howsoever made) for the supply of the Plant and equipment and equipmentincluding the Form of Contract, the terms and conditions, Scope of Work and the

drawings (if any) annexed thereto and such schedules annexure etc as are


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22no load trial and water trial for start of commercial production thereof at the

mills site as the case may be.

1.12 Time for Commissioning means the period of time for Commissioning as at

Clause 1.11 of the Plant and equipment (including services) as agreed and

specified in the LOI or as extended under Sub-Clause 13.1(Extension of Timefor Commissioning) calculated from the date of issue of Notification of Award(LOI) and not as a consequence of any default by the Sellers.

1.13 Plant and equipment means machinery, apparatus, materials, articles and things

of all kinds to be provided under the contract as fully detailed in specifications.

1.14 Programme means the program referred to in clause 9(Programme).

1.15 Specification means the technical specification of the Plant and equipmentannexed to or included in the contract.

1.16 Test means the tests specified in the Annexure - XXof the Tender documentcontract (or otherwise agreed by the Purchaser and the Sellers) which are to be

conducted by the Sellers upon the Plant and equipment before Dispatch andCommissioning.

1.17 Defects Liability period has the meaning assigned by Clause 16 (DefectsLiability).

1.18 Appendix means the Appendix to terms and conditions of the Contract.

1.19 Writing means any hand-written, typewritten or printed statement.

1.20 Day means Calendar Day


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23and the word notify shall be construed accordingly. Unless specifically so

stated any consent required of a party or the Purchaser shall not be unreasonablywithheld.

1.28 Headings and Marginal notes

The headings or marginal notes in the Conditions shall not be deemed part thereofor be taken into consideration in the interpretation or construction thereof or of

the contract.

2. PURCHASER AND PURCHASERS REPRESENTATIVE

2.1 Purchasers Duties

The Purchaser shall have and carry out all the rights powers and duties set out inthis Agreement.

2.2 Purchasers representatives

2.3 Purchasers power to delegate

The Purchaser may from time to time delegate to the Purchasers Representativeany of his duties and he may at any time revoke such delegation.

Any delegation or revocation shall be in writing. The Purchaser shall furnish tothe Sellers a copy of any such delegation or revocation. No such delegation or

revocation shall have effect until a copy thereof has been delivered to the Sellers.

Any written decision, instruction, order or approval given by the Purchasers

Representative to the Sellers in accordance with such delegation shall have thesame effect as though it had been given by the Purchaser and for the avoidance of


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242.6 Disputing Purchasers Decision, Instructions and Orders

If the Sellers by notice to the Purchaser, within 10 days after receiving any

decision, instruction or order of the Purchaser in writing o r written confirmationthereof under sub-clause 2.5 (Confirmation in Writing), disputes or questionsthe same, giving his reasons for so doing, the Purchaser shall within a further

period of 10 days by notice to the Sellers and the Purchaser with reasons,

confirm, reverse or vary such decision, instruction or order.

2.7 Purchaser to act fairly

Wherever by the Conditions the Purchaser is required to exercise his discretion:

i. by giving his decision, opinion or consent

ii. by expressing his satisfaction or approval

iii. by determining value

iv or otherwise by taking action which may affect the rights and obligationsof either of the parties

He shall exercise such discretion fairly within the terms of the Contract and havingregard to all the circumstances.

2.8 One representative each from the Sellers and Purchaser shall constitute theDispute Resolution Committee ( DRC ) which shall meet as and when requiredduring the contract period in order to resolve all operational disputes that may

arise from time to time during the contract execution. Purchasers decision shallprevail in these meetings. Disputes not settled by the DRC may be referred for

Arbitration under Clause 30.


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25The Contractor shall not sub-let the contract as a whole. Sub-contracting shall onno account absolve the Contractor of its obligations under the Contract, including

performance obligations.

4. PERFORMANCE GUARANTEE

4.1 The Sellers shall provide the Performance Guarantees for due performance of the

Contract and the guaranteed performance of the plant and equipment supplied andcommissioned by the Sellers in following manner:

Performance Security Bond by way of bank guarantee within one hundredeighty(180) days from the date of signing of the Agreement issued by

nationalized scheduled bank inRajasthan for the due Performance of the Contractand the guaranteed performance of the Plant and equipment supplied and

commissioned by the Sellers. The terms of the bond or guarantee shall be in theform annexed hereto. Such guarantee shall be invoked if Sellers fails to complete

the work under the Contract and in the events stipulated under clauses 16

(Defects Liability), 17 (Warranty and Performance Guarantee), 20 (LiquidatedDamages). The Guarantee shall be provided at the Sellerss own cost.

The value of the guarantee will be 5% of the Contract Price and will be validupto ninety (90) days after the end of 12 months from the date of sucessful

performance trial of Plant and equipments in all respect or eighteen (18) months

from the date of commissioning of the Plant and equipment whichever is earlier.

4.2 Failure to Provide Performance Guarantee

If the Sellers shall have failed to provide the performance guarantee withinthirty (30) days of intimation of LOI or within such further period as may be


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26All certificates, notices, decisions, instructions and orders to be given by the

Purchaser to the Sellers under the Contract shall be served by post or email orfacsimile transmission to, or by leaving the same at the Sellerss principal place

of business or such other address as the Sellers shall nominate for that purpose.

6.2 Service of Notices

All notices sent by facsimile transmissions or email shall deemed to have been

served at the time of transmission. A notice sent by post shall deemed to havebeen served three (3) days after posting.

6.3 Addresses for service of Notice

Any notice or request with reference to the Contract shall be made by letter or faxor email delivered by one party to the other to its representative address given

below.

Purchasers Address : Rajasthan state Ganganagar sugar Mills Ltd.,

4thFloor, Nehru Sahkar Bhawan,

Bhawani Singh Road, Jaipur302006,Rajasthan

Sellers Address : ________________________________________

________________________________________

________________________________________

7. PURCHASERS OBLIGATIONS

7.1 Assistance with laws & regulations


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277.5 The Purchaser shall also make available adequate electric power for site to the

Erection Sellers at actual cost at one point within three months from the date ofsigning of the agreement.

7.6 The Purchaser shall provide at its own cost to the Sellers adequate water supply atfactory site.

7.8 The Purchaser shall be responsible for the technical data and information, all in

writing, given by him or his authorized persons to the Sellers and/or the Sellersssupervisors.

7.9 The Purchaser shall pay the statutory inspection or other fees and charges payableunder any Act or Regulation in respect of the installation, operation or use ofmachinery and equipment.

7.10 The Purchaser shall obtain from concerned authorities, necessary clearance inrespect of water, effluent disposal, layout of factory buildings and any other

matter related to this plant and pay necessary fees. For such purpose, the sellershall extend necessary assistance wherever required.

7.11 The Purchaser shall make available in time, agreed upon by both contract ing

parties, agreed number of Purchasers personnel to be trained at the Site in

accordance with the Clause 22.

7.12 The Purchaser shall make available at the Site, in due time agreed upon by both

contracting parties, the necessary personnel and materials needed for tests,commissioning, performance test and maintenance to be carried out under the

guidance of the Sellers supervisors. The number of the Purchasers personneland their qualifications as well as the quantities and quality of the materialsnecessary for the tests, commissioning and performance test shall be discussed


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287.18 That the Plant is supplied by the Purchaser with an uninterrupted quantity of all

the essential services which are required for the normal operation of the DistilleryPlant together with adequate quantities of all consumables, process chemicals

and chemicals required for maintaining the requisite quality of boiler feed wateragreed upon by both contracting parties.

8. SELLERSS OBLIGAITONS

8.1 General

The Sellers shall, subject to the provisions of the Contract, with due care and

diligence, design, manufacture, deliver, erect, test and commission the Plant andequipment within the Time for Commission. The Sellers shall also make gooddefects in the Plant and equipment during the Defects Liability Period.

8.2 The Sellers shall ensure that the requirements of all statutes, regulat ions and locallaws are complied with. No extra costs will be allowed by the Purchaser to the

Sellers for any additional work done by the Sellers to conform to anyrequirements or procedures contained therein.

8.3 Manner of Execution

The Plant and equipment shall be designed, manufactured and installed &commissioned in the manner set out in the Scope of Work and Technical

Specification in as per Clause 1 (e) in the form of Contract or, where not setout, to the reasonable satisfaction of the Purchaser and all work shall be carriedout in accordance with such reasonable directions as the Purchaser may give

Sellers Design.

The Sellers shall be responsible for the detailed design of the Plant and equipmenti d ith th i t f th S ifi ti d f


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298.5 Further the Sellers undertakes to make good any defects arising in any Plant and

equipment items or other goods during warranty period, all in accordance with

Article 16 (Defects Liability) either by repairing, removing, supplementing or

replacing such goods by new ones, as the case may be. Should any shortage ofthe Plant and equipment items and/or Technical Documentation be found becauseof omission and/or fault attributable to the Sellers, the Sellers shall complete it atits own expense and under the terms of present Contract, as rapidly as possible in

order to ensure the execution of the work at the Site in due time.

8.6 The Sellers shall under the terms and conditions stipulated in Clause 22(Erection, Supervisory Service and Training)and elsewhere in this Contract, send

its technical personnel / supervisors to the Site to carry out supervision oferection/ necessary Services and to provide Purchasers personn el properinstructions methods and/or demonstration for erection, assembly,

commissioning, operation, repair and maintenance of the Plant and equipmentitems to carry out all tests, performance test under this Contract, as well as totrain the Purchasers technical personnel at the Site.

8.7 The Sellers shall progressively within eight (8) weeks from the date of LOI

furnish Plant and equipment layout and load data and foundation drawings as per

the format to suit the erection and commissioning of the Plant and equipment

8.8 The Sellers shall supervise the erection and commissioning of the Plant andequipment items and ensure that the same should be erected and commissioned

within the period of commissioning as specified in the Contract subject to

Clause 13.

8.9 Any addition, modification, fabrication, rework at site if required, due to reasons

attributable to the Sellers, shall be done by the Sellers at his cost.


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30to the suppliers workers. The supplier shall make third party insurance to

those persons working at the site during the contract period.

9. Programme

Within forty five (45) days from the date of LOI, the Sellers shall submit to the Purchaserfor his approval the Program for the execution of the contract showing.

i. The sequence and timing of the activities by which the Sellers proposes to carry

out the Contract (including design, manufacture, erection, testing andcommissioning).

ii. The respective times for submission by the Sellers of drawings and operating andmaintenance instructions and for the approval thereof by the Purchaser.

iii. The times by which the Sellers requires the Purchaser to furnish any drawings or

information.

9.1 Approval of Program

Approval by the Purchaser of the Program shall not relieve the Sellers of any ofits obligations under the Contract. The Sellers shall submit a PERT chart using a

project monitoring software acceptable to the Purchaser.

9.2 Alterations to program

The Sellers shall not without the Purchasers consent make any alteration to the

Program.

9.3 Revision of Program

If the Purchaser decides that progress under the Contract does not match the


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31(b) during the progress of the Contract within such reasonable times as the

Purchaser may require such drawings of the general arrangement anddetails of the Plant and equipment as may be specified in the Contract or

as the Purchaser may reasonably require and the Purchaser shall signifyhis approval or disapproval thereof. If Purchaser fails to do so within thetime given in the Contract or the Program, or, if no time limit is specified,

within 30 days of receipt they shall be deemed to have been approved.

Approved drawings shall be signed or otherwise authenticated by the

Purchaser.

The Sellers shall supply additional copies of approved drawings in theform and numbers stated in the contract.

10.2 Consequences of Disapproval of drawings

Any drawings which the Purchaser disapproves shall be modified and re-

submitted without delay.

10.3 Approved Drawings

Approved drawings shall not be departed from except where the Purchaser

requests for minor variations.

10.4 Inspection of Drawings

The Purchaser shall have the right at all reasonable times to inspect all drawings

of any part of the Plant and equipment.

10.5 Civil Design and Drawing


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32been commissioned for the purposes of Clause 15(Delay)until such instructionsand drawings have been supplied to the Purchaser.

10.7 Purchasers use of Drawings etc. supplied by the Sellers

Drawings/information supplied by the Sellers will be used by the Purchaser only

for the purposes of erect ing, insta lling, testing, completing, maintaining, adjustingand repairing the Plant and equipment. No license is granted to the Purchaser tocopy or use drawings or information so supplied in order to make or have made

spare parts for the Plant and equipment. Drawings or information supplied by theSellers shall not without the Sellerss consent be used, copied or communicated to

a third party by the Purchaser or the Purchaser otherwise than as strictlynecessary for the purposes of the Contract.

10.8 Sellers use of Drawings etc. supplied by Purchaser

Drawings and information supplied by the Purchaser to the Sellers for thepurposes of the Tender and the Contract shall remain the property of the

Purchaser. They shall not without the consent of the Purchaser be used, copied or

communicated to a third party by the Sellers otherwise than as strictly necessaryfor the purposes of the Contract.

10.9 Manufacturing Drawings etc.

Notwithstanding any other provisions of the Contract the Sellers shall not be

required to provide to the Purchaser shop drawings or any Sellerss confidentialmanufacturing drawings, designs, or know-how or the confidential details of

manufacturing practices, processes or operations.

10.10 Errors in Drawings etc supplied by Sellers


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3311. Inspection and Testing of Plant & Equipment before Dispatch

11.1 Purchasers Entitlement to test etc.

The Purchaser shall be entitled at all reasonable times during manufacture toinspect examine and test on the Sellerss premises the materials and workmanshipand performance of all Plant and equipment to be supplied under the Contract. If

part of the Plant and equipment is being manufactured on other premises, the

Sellers shall obtain from the Purchaser, permission to inspect, examine and to testas if the Plant and equipment were being manufactured on the Sellerss premises.

Such inspection, examination or testing shall not release/absolve the Sellers from

any obligation under the contract.

11.2 Date for Tests or Inspection

The Sellers shall inform the Purchaser reasonably in advance the date on and theplace at which any Plant and equipment will be ready for the tests or inspection as

provided in the Contract. The Purchaser shall give the Sellers 72 hours notice ofhis intention to attend the Tests or inspection. If the Purchaser shall, barring

reasons attributable to Force Majeure, not attend at the place so named on thedate agreed, the Sellers may proceed with the tests or inspection, which shall bedeemed to have been made in to the Purchasers presence. The Sellers shall

forthwith forward to the Purchaser duly certified copies of the results of the Testsor inspection.

11.3 Services for test or inspection

The Sellers shall provide free of charge such assistance, labor, materials,electricity, fuel, stores, apparatus and instruments as may be requisite and as may

be reasonably demanded to carry out the Tests or inspection.


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3411.7 The testing and inspection will be according to applicable Indian standard and

good Purchasing practice. In case there is no applicable Indian standard, the testand inspection shall be carried out to ensure that the equipment is manufactured

according to the design and manufacturing requirements of respective Plant andequipment items. The results of testing and inspection shall be drawn up in testreport(s) and certificate(s) of quality shall be issued indicating the important and

essential details of the testing which are in conformity with the above-mentionedstandards.

11.8 The Purchaser has the right to send its representative(s) at Purchasers expense tothe Purchasing offices and workshop or factory of the Sellers and/or of theSellerss sub-supplier(s) at all times, within normal working hours after giving

due notice, for the purpose of checking relating to the accomplishment of theSellerss contractual obligations, the workmanship and the quality of the Plant

and equipment items, wherever in progress, as well as the quality of materialsused in manufacturing of the Plant and equipment items concerned, provided thework is not interrupted as a result.

11.9 The Sellers shall make available to the Purchasers representative(s), free ofcharge, such conditions and means necessary at the Purchasing offices and

workshop for the testing and inspection of the Plant and equipment itemsconcerned and for design work. The Sellers shall within 90 (ninety) days fromthe Effective Date of the Contract send to the Purchaser a list of Plant and

equipment items to be tested and inspected.

11.10 The Purchaser reserves the right to ask the Sellers to arrange tests and inspections

for the Plant and equipment items which the Purchaser wishes to inspect for

which he shall provide the list within 15 days of receiving the list in clause 11.9above.

11.11 The Sellers shall notify the Purchaser by fax / email at least one week before the


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35items in question shall be submitted to new tests under the conditions specified in

this article.

11.15 The sellers shall not sell or divert any material, sub-assemblies, machinery and

equipment meant for the Distillery plant of the purchasers, after the same havebeen inspected by the purchasers, or an authorized representative of thepurchasers, under any circumstances, without prior written consent of the

purchasers as per terms of this agreement.

12. Dispatch

12.1 Dispatch

The Sellers shall inform the Purchaser in writing with respect to the date and

intended Dispatch of plant and equipment for permission to Dispatch. No itemshall be dispatched without the Purchasers written permission.

The Sellers will obtain permission from the Purchaser for dispatching the itemsout of the agreed schedule of dispatches.

On receipt of the Sellers request the Purchaser shall grant permission within 72hours failing which the Sellers shall have the right to Dispatch.

12.2 Dispatch terms

Save as varied by the Conditions, the obligations of the parties in relation to theDispatch term specified in the Contract and the rules determining the passing of

the risk of loss or damage to the Plant and equipment shall be fixed in accordance

with the most recently published edition of the International Rules for theInterpretation of Trade Terms (INCOTERMS) of the International Chamber of

Commerce at the date of the Contract.


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3613.1 Extension of Time of Commissioning

If by reason of any act or omission on the part of the Purchaser of any of theindustrial dispute or by reason of circumstances beyond the reasonable control of

the Sellers arising after the acceptance of the tender, the Sellers shall have beendelayed in the commissioning of the Plant and equipment, whether such delayoccurs before or after the time of Dispatch, then provided that the Sellers shall as

soon as reasonably practicable have given to the Purchaser or the Purchasernotice of his claim for an extension of time with full supporting details, the

Purchaser shall on receipt of such notice grant the Sellers from time to time inwriting either prospectively or retrospectively such extension of the Time for

commissioning as may be reasonable.

13.2 If the seller fails to receive payment of any installment(s), of any advance or forsupply for non-compliance of any contractual obligation on his part, the seller

shall not be entitled to any extension or time for delivery and commissioning.

14. Conditions and Time of Dispatch

The Sellers is to dispatch the Plant and equipment items and the TechnicalDocumentation all in accordance with the commissioning schedules

15. Delay

15.1 Delay in Delivery of Plant and Machinery and its commissioning

If the Sellers fails to supply and commission the Plant and equipment or any item

within the scheduled time of delivery or Commissioning, or if no Time forCommissioning is specified, within a reasonable time, there shall be penaltiesdeducted from the Contract Price and paid to the Purchaser by the Sellers, at the

t t t d i th Cl 20 (Li id t d D ) f th C t t V l f h


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37expenditure reasonably incurred by the Purchaser in obtaining such Plant and

equipment in place of the un-commissioned Plant and equipment exceeds the sumdeducted. All such Plant and equipment obtained by the Purchaser in place of un-

commissioned Plant and equipment shall comply with the Contract and shall beobtained at reasonable prices and where practicable under competitive conditions.

16.0 Defects Liability

16.1 Defects after Commissioning

In these Conditions the expression `Defects Liability Period means the period

stated in the Clause 17.1 (Warranty and Performance Guarantee) and deemedto have commenced from the date of commissioning of Plant and Equipment.

16.2 Remedies to defects

The Sellers shall be responsible for making good by repair or replacement with

all possible speed at his expense including freight costs to the Purchaser site anydefects in or damage to any part of the Plant and equipment which may appear or

occur during the Defects Liability Period and which arises either:

(a) from any defective materials, workmanship or design, or

(b) from any act or omission of the Sellers done or omitted during the sa id

period.

If any such defect shall appear or damage occur the Purchaser or the Purchaser

shall forthwith inform the Sellers thereof stating in writing the nature of thedefect or damage. The provisions of this clause shall apply to all repairs orreplacements carried out by the Sellers to remedy defects and damages except

that the period during which the Sellers responsibility as mentioned herein shall


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3816.4 Extension of defects liability

If any part of the Plant and equipment cannot be put to its intended use by reasonof defects in or damage to any other Plant and equipment the Defects Liability

Period in relation thereto shall be extended by a period equal to the period duringwhich such part of the Plant and equipment cannot be used.

16.5 Delay in remedying defects

If any such defect or damage be not rectified within a reasonable time, thePurchaser may proceed to do the work at the Sellerss risk and expense provided

that it does so in a reasonable manner and notifies the Sellers of its intention so todo. The costs reasonably incurred by the Purchaser shall be deducted from theContract Price or be paid by the Sellers to the Purchaser.

16.6 Further tests

If the repairs or replacements are of such a character as may affect the operation

of the Plant and equipment or any part thereof, the Purchaser may notify the

Sellers that the Purchaser will repeat such tests thereof as were carried out priorto Dispatch. The costs reasonably incurred by the Purchaser in such tests so

notified shall be deducted from the Contract Price. The Sellers may attend suchtests on reasonable notice to the Purchaser.

16.7 Limitation of liability for defects

The Sellers liability under this Clause shall be in lieu of any condition or

warranty implied by law (or where such condition or warranty cannot beexcluded in supplementation thereof) as to the quality or fitness for any particular

purpose or the workmanship of any part of the Plant and equipment delivered.

Save as in this Clause and in Sub Clause 16 8 (L t t D f t ) expressed neither


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3917. Warranty and Performance Guarantee

17.1 Warranty

17.1.1 The Sellers guarantee that all materials used in construction of the Plantand equipment items will be brand new, of good quality and suitable forthe purpose for which the materials are applied, and that the workmanshipwill be of good quality.

17.1.2 The Warranty period of all Plant and equipment/items supplied andcommissioned under this contract, will up to be thirty (30) days after

completion two crushing seasons of minimum 120 days from the date ofcommissioning or twenty four (24) months from the date ofCommissioning of Plant and equipment, whichever is earlier.

17.1.3 Immediately after a defect(s) is/are discovered, but not later than thirty(30) days thereafter, the Purchaser shall inform the Sellers by written

communication /fax/email and request the Sellers to eliminate thedefect(s). The Sellers shall take urgently the necessary measures to

eliminate the faults as soon as possible after receiving the Purchaserscommunication stating details about the fault(s).

17.1.4 The Sellers will be responsible to repair or replace any defective or

damaged part at its own expense during the Warranty Period. In case ofany delay in such repair or replacement attributable to the Sellers faultthe Warranty Period shall be extended accordingly.

17.1.5 In the event of replacement or repair, the duration of the Warranty Periodfor the replaced item and/or section as the case may be, is automatically

extended only by a period equal to the period during which the itemd/ ti i t f ti lt f th l t i


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40is started. And further, these parameters must remain stable throughout

the period of trial run. All work related to correction and subsequent trialrun to prove stability/reliability shall be completed within the guaranteed

period with no extra cost to the Purchaser.

The release of Performance guarantee shall be subject to 100%

achievement of performance parameters as given in Annexure-III.Partial release of performance guarantee against achievement of part

performance will not be allowed.

If finally, despite all effort on the part of the Sellers, the stipulated

guarantees on these parameters are not established, the Purchaser retainsthe option to reject the equipment. In case the option to reject is exercisedby the Purchaser, the Sellers shall replace the rejected equipment within a

reasonable period of time as will be indicated by the Purchaser, andachieve the performance as guaranteed in the tender.

Purchaser shall have the option to replace the defective/non-performing

(as per performance parameter of Annexure-III) machinery/equipment

at the risk and cost of the sellers.

In the event of plant and equipment rejection for reasons as covered

above, it is obvious that the overall project schedule will be affected. Tominimize the loss due to such an occurrence, the Purchaser retains theright to use as best as possible, the defective equipment until new

replacement arrives at site for erection. During this period the Sellersshall not limit the use of the defective equipment, except for reasons of

safety during operation, both of personnel and the equipment.

18. Vesting of Equipment / Plant & Machinery


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4119. TERMS OF PAYMENT OF EQUIPMENT & CONTRACT

To set up 30 KLPD Total Spirit/ 28.5 KLPD EQRS based Multifeed Distillery

Plant complete in all respect carrying out activities for Designing,

Manufacturing, Supplying, erection & commissioning of plant & machinery on

turnkey basis.

19.1 Payment for supply and supervision of erection and commissioning of the Plant

and equipment will be made through Demand Draft/RTGS/Cheque in favour ofSeller.

19.1 For Supply, Erection & Commiss ioning and successful performance.

19.2 The Purchaser will pay the Price for supply and erection & commissioning to theSeller in the following manner free of interest.

19.2.1 Ten percent (10%) of the Contract Price (CP) against entire scope of

supply of plant & machinery as per Annexure I (A & B) (excluding

Excise Duty and CST/VAT) as mobilization Advance will be paid afterissuance of the work order and within 15 days on furnishing of a Bank

Guarantee (BGI)of said amount in the format detailed at Annexure-III.

19.2.2 Ten percent (10%) of the Contract Price (CP) against timely completion

of supply and supervision of erection and satisfactory commissioning asper PERT Chart upto start of commercial production (excluding Excise

Duty and CST/VAT) after submission of Bank Guarantee II of equalamount of advance for Equipment Performance Guarantee as per

Annexure Vand on submission of following documents to the Purchaser


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42 Cooling Tower F.R.P.

Note: In case any manufacturer will submit proof that they are

themselves fabricating/manufacturing any of the above items

then they did not require to submit the documents for such items

regarding confirmation of acceptance of their Purchase Order

from their sub seller or utilization certificate in this regard.

(b) Submission of following documents

P & ID for Boiler.

Steam, power and water balances for Distillery.

Month wise funds requirement to be supported by actual value of

shipment.

Detailed Dispatch and Commissioning schedule including

PERT/CPM.

Plant and equipment wise price breakup

Plant lay out and civil foundation & in structural designs, GA

drawings.

List of detailed specifications of bought out items.

Any other documents as required by Purchaser.

(c) Complying all other contractual obligations which have become due


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43if supplier fails to give bank guarantee in the format available at BG IV

then 5% pro rata deduction will be made from their bills.

19.2.6 Similarly, supplier will give bank guarantee equivalent to 5% of

contract price in the format detailed at Annexure IX within 180 daysfrom the date of signing of Agreement as per clause 17.2.1 and faithfulexecution of the contract. However, if supplier fails to give bank

guarantee then 5% pro rata deduction will be made from their bills

19.2.7 From the supply Bill, the following deduction shall be made :

(i) About 3% towards security.

(ii) 20% towards advance amount given.

(iii) 5% towards timely delivery. If Bank guarantee will not

(iv) 5% towards performance guarantee. be furnished by supplier.

19.2.8 Sixty Seven percent (67%) of the Contact Price after adjusting the 20%(10% + 10%) advance and about 3% S.D.as mentioned above at point

nos. 19.2.3 & 19.2.4 amounting to Rs(Rupees.)on submission of

bank guarantees 5%against delivery guarantee and 5% against

performance guarantee by the Seller at the due time as mentioned inabove clause Nos.19.2.5 &19.2.6. then 5% late delivery+5%

performance guarantee will not be deducted from their bills andHundred percent (100%) of excise duty and CST/VAT actually paid by

the Seller shall be paid as per stage wise progress of work of supply asper Price break up of plant & machinery in the format available atAnnexure IX in which each unit comprising all items fabricated or

bought out items i e supply includes complete units in all respect


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44proforma term no. 1.3 page no. 19) under schedule given in PERT chart.

Accordingly, payment of bills will be made as per work progress.

19.2.9 After receipt of materials at site or at the progress of e rection &

commissioning works as per given schedule , the Bill raised alongwithnecessary documents by the supplier to be paid after making deductionsas mentioned above at point no. 19.2.7 within a month. The payment

will be made through RTGS/D.D./Bankers Cheque.

19.2.10 .B.G. IV against timely delivery will be released after 90 days of its

expiry on timely completion of supply and erection & commissioning

work of the plant & machinery as per given schedule i.e. as per PERTchart.

19.2.11 Performance guarantee (5% of C.P.)& Security Deposit (5% ofC.P.)will be released after 90 days of its expiry on satisfactory

performance of plant & machinery and contract in all respect as perAnnexure XX after the end of 12 months from the date of successful

performance trial of Plant and equipments or eighteen (18) months

from the date of commissioning of the Plant and equipments whicheveris later

19.3 Taxes & duties

19.3.1 The Govt. taxes & other levies if any shall be borne by the tenderers.

19.3.2 The Tenderer must declare the liable taxes & duties clearly. Purchaser on

the documentary proof of payment of taxes will pay the same but in no

case the contract price will exceed than the specified in the Tender.


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4519.4 Sales Tax / Vat

The rate of sales tax/Vat payable will be as applicable at the time of delivery.

Payment is subject to the actual payment to the Govt. and on written undertakingthat the same is statutorily payable by the supplier to the Govt.

19.5 Excise Duty :

Tenderer must declare the excise duties clearly in the Tender and the purchaser

on documentary proof will pay the same. If there is any difference in the centralexcise duty quoted and the actual payment made difference amount will be

recovered/paid as the case may be.

The supplier shall furnish to the Rajasthan State Ganganagar Sugar Mills Ltd.,with their bill, excise duty gate pass in the support of duty and special excise

duty, if any paid to avail Excise CENVAT credit. If excise invoice is notsubmitted the relative excise duty amount will be deducted from the bill as per

excise rules.

19.6 Income tax :

Income tax, as applicable, will be deducted at source, while releasing the payment

against R.A.Bill / Total Bill.

19.7 Work Contract Tax :

Work Contract Tax, as applicable, will be deducted at source, while releasing thepayment against R.A.Bill / Total Bill.

19.8 Labour Cess :


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4620. Liquidated Damages

20.1 For Delay

20.1.1 If the seller fail to execute the order / contract within the specified

period arisen from, any unforeseen cause such as strike, fire,

accident, act of GOD resulting in stoppage of work the manufactureror similar reasons which the Director In charge of Rajasthan State

Ganganagar Sugar Mills Ltd. - Jaipur may find valid for extension oftime he may extend the period without charges any agreed liquidated

damages. His decision shall be final regarding the sufficiency orotherwise of ground for extension of time.

20.1.2 If the seller fail to execute the order / contract within the period specified,

the Director In charge of Rajasthan State Ganganagar Sugar Mills Ltd. -Jaipur may at his discretion allow extension of time, subject to recovery

from the tenderer the liquidated damages and not by way of penalty, assum equal to the following percentage of the value of goods which the

tenderer has failed to supply for the period of delay as stated below :a) Delay up to one fourth period of the prescribed contract per iod 2.5%.

b) Delay exceeding one fourth but not exceeding half of prescribed

contract period5%.c) Delay exceeding half but not exceeding three fourth of the

prescribed contract period 7.5%.

d) Delay exceeding three fourth but not exceeding the period equal tothe prescribed contract period10%.

20.1.3 Calculation of LD :

If li t k t th l th t t l li i d t


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4721. Bank Guarantees

21.1 The Sellers shall provide the Bank Guarantees for due performance of theContract and the guaranteed performance of the plant and equipment supplied and

commissioned by the Sellers in the manner stated in Clause4.1.

21.2 The seller shall also provide the Bank Guaranties against Advances given to him

in manner stated in clause 19.2.1, 19.2.2,19.2.5 & 19.2.6.

21.3 In the event of delays accepted by the Purchaser beyond the validity period of the BankGuarantee and where extension of Contract period is granted by the Purchaser, theSellers shall obtain and provide suitable extensions to the Bank Guarantees as advised inwriting by the Purchaser or obtain fresh Bank Guarantees.

21.4 The Purchaser shall return to the Sellers all un-invoked/expired Bank Guaranteeswithin ninety (90) days of its expiry.

22. ERECTION, COMMISSIONING SUPERVISORY SERVICES AND TRAINING

22.1 The Sellers shall depute at Purchasers site the technical personnel to carry outthe erection & commissioning or supervisory services and training (as the case

may be).

General detail of the Sellerss team including Site Manager to be deputed at site

shall be submitted by the Sellers within 15 days of the effective date of theContract.

22.2 The Sellerss site Manager being the Sellerss chief representative at Site, will

coordinate all site activities including discussions and on the spot decisions whererequired, with the Purchaser


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48materials listing including who the manufacturer is and manufacturers part

number for each and every plant or equipment) for all materials that formpart of the supply contract. Two hard copies and one e lectronic copy must

be provided.

22.5 The parties agree to hold progress review meetings at site from time to time in theinterest of speedy execution of the project and Program. For this purpose, the

Sellers shall depute senior officer(s) from its head office to attend the sitemeetings.

22.6 Training of the Purchasers personnel:

During erection and commissioning at the site the Sellers and/or the Sellerss SiteManager shall train the Purchasers personnel in different areas such as

techniques of erection, operation, maintenance of the Plant and equipment itemsand/or other goods supplied by the Sellers.

After training the Sellers shall issue to the Purchaser a training report.

After training the Sellers shall issue to the Purchaser a training report. A suitableformat for the training report shall be prepared by the Sellers and approved by the

Purchaser.

23. ERECTION, TESTS, COMMISSIONING AND ACCEPTANCE

23.1 The Sellers shall ensure that the PERT / CPM including a DetailedImplementation schedule for erection, covering the total erection of Plant and

equipment items. The Sellers will, as soon as the detailed implementationschedule for the erection has been sent to the Purchaser, assist the Purchaser inestimating the tools, equipment and facilities required for performing the

Purchasers obligation


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4923.7 The mechanical tests and the test runs without load must be separately conducted

under the direction and instruction of the Sellerss supervisors for individualmachinery and complete Sections. A list of equipment being separately tested

shall be agreed upon by the parties.

23.8 When Plant and equipment Items have been tested successfully, during themechanical tests and the test runs without load, the Commissioning work is

deemed to be proved and a certificate shall be issued and signed by the Purchaser.

23.9 Immediately after the termination of mechanical tests and test runs without load

(water running tests) and issue of the certificate of the Commissioning the partiesshall agree upon program and method for test runs with load to be carried outunder Sellerss supervision.

23.10 After the tests with load both contract ing parties shall mutually agree upon thedate of commencement of the performance test, as well as a program of

performance test and a notice thereof shall be entered into the Site ProgressReport.

23.11 The performance of the machinery and equipment shall be deemed to have beenachieved if after commissioning, during the continuous trial of five (5) days per22 working hours, the guaranteed performance parameters are achieved.

23.12 The Sellers is to carry out such modifications to the Plant and equipment ashe considers necessary, in case the guaranteed performance are not achievedbecause of deficiencies in the Plant and equipment items and/or design

and/or instructions given by the Sellers. The Sellers shall supply free of

charge the additional parts or machinery which is considered necessary toachieve the said guaranteed performance. Such additional parts ormachinery are to be Commissioned by the Sellers immediately on arrival at


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50settlement of the same or any litigation that may arise there from. The Purchaser

shall not, unless and until the Sellers shall have failed to take over the conduct ofthe negotiations or litigation, make any admission which might be prejudicial

thereto. The Purchaser shall accept the conduct by the Sellers of such litigation ifSellers has first given to the Purchaser such reasonable security as shall from timeto time be required by the Purchaser to cover the amount ascertained or agreed or

estimated, as the case may be, of any compensation, damages, costs, charges andexpenses for which the Purchaser may become liable. The Purchaser shall, at the

request of the Sellers, provide all available assistance for the purpose of any suchclaim or action and shall be repaid all reasonable expenses incurred in so doing.

24.3 Infringement preventing performance

If the Sellers shall be prevented from performing the Contract, or the Purchaser isprevented from using the Plant and equipment in consequence of any

infringement of letters patent, registered design, unregistered design right,copyright, trade mark or trade name and the party indemnifying the other inaccordance with Sub-Clause 24.1 (Indemnity against Infringement) is unable

within 30 days after notice thereof from the other party to procure the removal at

his own expense of the cause of prevention then in the case of an infringementwhich is the subject of the Sellerss indemnity to the Purchaser under Sub-Clause24.1 (Indemnity against infringement)the Purchaser may treat such prevention asa default by the Sellers and exercise the powers and remedies available to him

under Clause 28 (Sellerss Default).

25. Accidents and Damages

25.1 Care of the Plant and equipment

The Sellers shall be responsible for the care o f the Plant and equipment or any


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51duty or by reason of tort (including but not limited to negligence) for any loss of

profit, loss of use, loss of production, loss of contracts or for any financial oreconomic loss or for any indirect or consequential damage whatsoever that may

be suffered by the other.

26.3 Limitation of Sellerss liability

In no circumstances whatsoever shall the liability of the Sellers to the Purchaser

under these Conditions for any one act or default exceed the sum stated in theContract or if no sum is so stated, the Contract Price. The Sellers shall have no

liability to the Purchaser for or in respect or in consequence of any loss of ordamage to the Purchasers property which shall occur after the expiration of thewarranty period except as stated in Sub-Clause 16.8 (Latent Defects).

26.4 Exclusive remedies

The Purchaser and the Sellers intend that their respective rights, obligations and

liabilities as provided for in these Conditions shall be exhaustive of the rights,obligations and liabilities of each of them to the other arising out of, under or in

connection with the Contract or the Plant and equipment, whether such rights,obligations and liabilities arise in respect or in consequence of a breach ofcontract or of statutory duty of a tortious or negligent act or omissio n which gives

rise to a remedy at common law. Accordingly, except as expressly provided for inthese Conditions, neither party shall be obligated or liable to the other in respectof any damages or losses suffered by that other party which arise out of, under or

in connection with the Contract or the Plant and equipment, whether by reason orin consequence of any breach of Contract or of statutory duty or tortious or

negligent act or omission.

27. Insurance


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52a) If the Sellers shall become bankrupt or insolvent, or have a receiving

order made against him, or compound with his creditors, or being acorporation commence to be would up, not being a members voluntary

winding up for the purpose or amalgamation or reconstruction, or have anadministration order made against him or carry on his business under anadministrator or a receiver or manager for the benefit of his creditors or

any of them, the Purchaser shall be entitled:

b) To terminate the Contract forthwith by notice to the Sellers or to the

receiver, manager, administrator or liquidate or to any person in whom thecontract may become vested, in which event the provisions of Clause 28

(Sellerss Default) shall apply, or

c) To give such receiver, manager, administrator or liquidator or otherperson the option of carrying out the Contract subject to his providing a

guarantee for the due and faithful performance of the Contract up to anamount to be agreed

28.2 If the Sellers shall assign the contract, or sub- let the whole of the Contract

without the consent of the Purchaser and Sellers has failed or refused to takeremedial steps, or the Purchaser shall certify that the Sellers:

a) Has abandoned the contract, or

b) has without reasonable excuse suspended performance of the contract for30 days after receiving from the Purchaser written notice to proceed, or

c) Despite previous warnings in writing from the Purchaser is notmanufacturing the Plant and equipment in accordance with the Contract,

or is failing to proceed with due diligence or is neglecting to carry out hisbli ti t ff t d l th P f f th C t t


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53Cost of Completion). If the Cost of Completion when added to the total amounts

already paid to the Contract as at the date of termination exceeds the total amountwhich the Purchaser certifies would have been payable to the Sellers under the

Contract on completion the Purchaser shall certify such excess and the Sellers

shall upon demand pay to the Purchaser the amount of such excess. Any suchexcess shall be deemed a debt due by the Sellers to the Purchaser and shall be

recoverable accordingly. If there is no such excess the Sellers shall be entitled tobe paid the difference (if any) between the Termination Value and the total of all

payments received by the Sellers as at the date of termination.

29. Purchasers Default

29.1 Notice of Termination due to Purchasers default

In the event of the Purchaser

(a) failing to pay to the Sellers the amount due under any certificate of the

Purchaser within 6 Months after the date of its issue subject to anydeduction that the Purchaser is entitled to make under the Contract, or

(b) interfering with or obstructing the issue of any certificate of the Purchaser

the Sellers on exhaustion of the arbitration process shall be entitledwithout prejudice to any rights or remedies under the Contract to

terminate the contract by giving 14 days notice to the Purchaser.

29.2 Payment on termination due to Purchasers default

In the event of termination under sub-clause 29.1 (Notice of termination due toPurchasers default) Purchaser shall certify the Termination Value of the Plantand equipment as at the date of termination. The Purchaser shall, on the

application of the Sellers accompanied by supporting details also certify the


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5430.1 Applicable law

The Contract shall in all respects be governed by and interpreted in accordancewith the Laws in force in India.

31. Force Majeure

For the purpose of this Contract, Force Majeure means an event which is beyond thereasonable control of a Party, is not foreseeable, is unavoidable, and which makes a

Partys performance of its obligations hereunder impossible or so impractical asreasonably to be considered impossible in the circumstances and includes but is not

limited to war, riots, civil disorder, earthquake, fire, explosion, storm, flood or otheradverse weather conditions, strikes, lockouts or other industrial action (except wheresuch strikes, lockouts or other industrial action are within the power of the Party

invoking Force Majeure to prevent), confiscation or any other action by Governmentagencies.

The failure of the Party to fulfill any of its obligations hereunder shall not be consideredto be a breach of, or default under, this Contract in so far as such inability arises from an

event of Force Majeure, provided that the Party affected by such an event has taken allreasonable precautions, due care and reasonable alternative measures, all with theobjective of carrying out the terms and conditions of this Contract.

A Party affected by an event of Force Majeure shall notify the other party of such eventas soon as possible, and in any case not later than fourteen (14) days following theoccurrence of such event and shallsimilarly give written notice of the restoration of

normal conditions.

In witness hereof the parties hereunto have set their respective hands on the

f id d t


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55ANNEXURE I (A)

SCOPE OF WORK

1. Design, manufacturing, procure, supply, erection & commissioning upto satisfactory

performance as per given parameter in Annexure-III for 30 KLPD Total Spirit/ 28.5

KLPD EQRS based Multifeed Distillery Plant. The capacity, efficiency and performance

of the said plant for individual units should be guaranteed as per parameters given in the

Annexure I (B)performance parameters for individual items/guarantee.

2. All the machinery and equipments supplied should be brand new latest design fabricated

as per ISI Standard tested construction first class material and workmanship alongwith

material test certificates. Bought out items shall also have according to as per the given

technical specifications and as per given Engineering standards Annexure II for

construction material and latest design modal.

3. The work is to be executed as per the terms & conditions stipulated in this invitation and

also in the draft agreement.

4. Scope of Supply includes all the necessary equipments, plant & machinery with

structural, staging, platforms, approach ladders duly coated with protective paints both

internally and externally as applicable. This also includes other tools & tackles required

for the fabrication at site, adequate manpower quite conversant with the fabrication &


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568. All types of tools & tackles like hoisting tools, chain blocks, pulleys, wire ropes hooks

etc. to be arranged by supplier. All special tools required are also to be arranged atSuppliers cost. All staff including engineers, technicians, skilled, unskilled workers,

Khalasi required for loading/unloading, fabrication, erection etc. should be arranged by

supplier. The machinery & other equipments arrived at site should be properly stored atsite. The transportation of machinery and equipments from the stored place to their

respective position shall also be in the scope of supplier.

9. Technical services shall also included in the scope of supply

9.1 Project In charge : Supplier will retain a qualified & experienced and responsibleproject engineer/manager to supervise the installation & erection of the plant atsite.

9.2 Training of the purchasers personnel : Supplier shall arrange to train thepurchasers personnel regarding the process operation & maintenance o f the plant

being set up under the agreement at his own cost.

9.3 Startup services : Supplier will provide qualified staff for start up of plant and

also during the performance period.

At least for one year the supplier should run the plant for successful operation

demonstration and training to staff under control with their operators and shallhave operation under the supervision of the Chief Project Officer/GeneralManager sugar factory and simultaneously trained to the purchaser work man to

operate the plant at full efficiency during operation.

10. After sa les Services : Supplier will provide routine operation, field review & trainingupdates. Supplier will also furnish a qualified field engineer to review unit operations &

provide additional on-site training on demand by purchaser.


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57Hose reel, drum etc. etc. complete in all respect, all types of fire extinguishers as per

safety norms are also in the scope of supply.

18. Any other items are activities not specifically mentioned in our scope of work and

equipment list and required for completion of project are in the scope of work.

19. First fill or oil and grease will be in scope of supply.

20. Annexure Iis also within the scope of supply.


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58ANNEXURE I (B)

Technical Specification of Plant & Machinery Comprising Process Plant forAlcohol from Molasses & Grain, Steam Generation & Power Plant, Effluent

Treatment Plant & Other Utilities, to Produce :

30.0 KLPD of Total Spirit/28.5 KLPD EQRS along with Effluent Treatment Plant to

give zero effluent discharge comprising the following :

Bio-Methanation Plant to treat 280 Cu. M. of spent wash / Day

Bio Composting Plant Using Press Mud from sugar mill

Production of DDGS.

Evaporation Plant for Total Evaporation of 120 Ton of Water/day (Common for both

Grain & Molasses Distillation)

1. PROCESS DESCRIPTION

The proposed distillery is to produce 30 KLPD of total spirit and 28.5 KLPD of Export

quality RS. The raw material shall be either cane sugar molasses or grain such as jowar,Bajra, rice and wheat. Most of the equipment shall be common for grain as well as

molasses. Major deviations shall be in grain processing and yeast propagation. Thedetails are as below :The grain based Export Quality Rectified Sprit facility is designed to produce 30,000

liters of total spirit per day. All processes are continuous, with the exception of

fermentation, which is a sequential fed batch process. For Grain, the plant will bedivided into six distinct sect ions as described below and shown in block diagram.


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59BLOCK DIAGRAM FOR SPIRIT PRODUCTION FROM GRAIN OR MOLASSES

Grain from truck.

Grain receiving and Milling section

(for Grain only)

Consisting of :

Grain receiving cleaning, grading and storing in silos, Aspirationsystem for silos, Bucket elevators, Magnetic separat

Revised Distillery Tender.pdf

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Transcript of Revised Distillery Tender.pdf