Tendernotice 1
Tendernotice 1
Tendernotice 1
:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
CIN: “U40102WB1961SGC025250”
SUBJECT:- Rectification & oil filtration of Unit #7 GT, UAT & ST and 160MVA Chinese Auto Transformer
Page 1 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
Contents
1. Introduction
2. General Guidance for e-tendering
3. Registration of Bidders
4. Pre-Bid Discussion
5. Pre-qualification (PQR) for participation
6. Methodology for submission of EMD
7. One Bid per Bidder
8. Collection of Tender Documents
9. Submission of Tenders
10. Amendment of Bid Document
11. Addenda / Corrigenda, if Published
12. Technical Proposal (Statutory & Non-Statutory Documents)
13. Financial Proposal
14. Intimation of Earnest Money Deposit
15. Conditional and Incomplete Tender
16. Scope of Work
17. Commercial terms and Conditions
18. Bill of Quantity (BOQ)
19. Opening and Evaluation of Tender
20. Acceptance of Tender
21. Return of Earnest Money
22. Bid Validity
23. Accommodation and Transport
24. Penalty
25. Law of Land
26. Termination of Contract
27. General Terms and Conditions
28. Declaration
29. Forfeiture of Security Deposit/Earnest Money
30. Arbitration
31. Force Majeure
32. Confidentiality
33. Additional Performance Bank Guarantee
34. Non-Compliance
35. Laws
36. Damage of Property
37. Jurisdiction
38. Agreement
39. Other Important Clauses
40. Coordinator / Contact Person
41. Schedule of Dates for e-Tendering
42. a) Annexure ‘A’ – Safety
b) Annexure ‘B’ – Personnel Clause
c) Annexure ‘C’ – PROFORMA FOR CONTRACT AGREEMENT
Page 2 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
Page 3 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
CIN: “U40102WB1961SGC025250”
SUBJECT:- Rectification & oil filtration of Unit #7 GT, UAT & ST and 160MVA Chinese Auto Transformer
Tender is hereby invited by the GM(Power & Projects), DPPS, through electronic tendering (e-tendering) from eligible and
resourceful Contractors & Proprietors having sufficient credential and financial capability for execution of the work.
1. INTRODUCTION:
The Durgapur Projects Limited (DPL) having corporate office at “Administrative Building, Dr. B. C. Roy Avenue, Durgapur-
713 201, Paschim Bardhaman”, is a Government of West Bengal Undertaking engaged in the business of Thermal Power
Generation. It has two Pulversied Coal fired Units with total Installed capacity of 550 MW.
Interested bidders are requested to log on to the website https:// wbtenders.gov.in. Tender is hereby invited by the GM
(P&P)/DPPS,DPL, for the job as mentioned in the subject above, through electronic tendering (e-tendering) from eligible and
resourceful bidder having sufficient credential and financial capability for execution of similar job.
3. REGISTRATION OF BIDDERS
Bidders willing to take part in the process of e-tendering are required to obtain Digital Signature Certificate (DSC)
from any authorized Certifying Authority (CA) under CCA, Govt. of India. (viz. nCode Solution, Safescrypt, e-Mudhra,
TCS, MTNL, IDRBT ) or as mentioned in e-tendering portal of Govt. of WB. https://wbtenders.gov.in. DSC is given as
a USB e-Token. After obtaining the Class 2/3 Digital Signature Certificate (DSC) from the approved CA they are
required to register the Digital Signature Certificates through the Registration system available in the Website.
4. PRE-BID DISCUSSION
The queries for Pre-Bid shall be sent to the email id provided ( i.e. only in soft form) within the stipulated
date and reply of the same shall be uploaded in the web-portal.
a) Technical:-
1. The bidders should have manufacturing capacity of 220kV, 100MVA Power Transformer or above voltage class with
higher capacity.
“OR”
The bidder should have experience of executing similar nature of job on 220kV, 100MVA Power Transformer or
above voltage class with higher capacity during last 7 years ending last day of month previous to the one in which
the tender has been invited.
2. The bidders should have experience in execution of similar nature of job during last 7 years ending last day of
month previous to the one in which the tender has been invited should be either of the following:-
Page 4 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
a) Three similar completed works each costing not less than the amount Rs. 8,78,500 (+) GST as
applicable ( Eight lakh Seventy Eight thousand Five Hundred only)
or
b) Two similar completed works each costing not less than the amount Rs. 10,98,000 (+) GST as
applicable ( Ten lakh Ninety Eight thousand only)
or
c) One similar completed work each costing not less than the amount Rs. 17,57,000 (+) GST as applicable
(Seventeen lakh Fifty Seven thousand only)
Documentary evidence in support of work experience and fulfilling the requirement as spelt out in the Tender document
must be submitted along with techno-commercial bid. These documents should be in the form of copies of Completion
certificates. However, the originals of these documents shall have to be procured by the bidder, as and when asked for.
Note:-
a) The above value as mentioned above is excluding of all taxes and duties.
b) Mere issuance of tender paper doesn’t construe a claim for the tender.
c) Bidder must satisfy the prescribed Qualifying Requirement for consideration/final acceptance of the offer.
b) Financial ability:
Annual Turnover of the bidder must not be less than Rs. 6,59,000/- (Six lakh Fifty Nine thousand only) during
each of the three last consecutive years.
The net worth of the bidders should be positive for each of the last 03 (three) preceding financial/accounting years.
Note:-
The above financial QR certificate must be from registered Chartered Accountant with seal and signature and
membership number. [ As per annexure-G]
Bidder must note that unless proper QR (Technical and Financial) document is not submitted in the bid
documents, further processing of the bid may not be possible. Bidder must clear the qualifying requirement.
6. METHODOLOGY FOR SUBMISSION OF EMD [AS PER ORDER NO- 3975-F(Y) DATED-28/07/2016 OF FINANCE DEPT
, GOVT OF W.B.]
A. Login by bidder:
a) A bidder desirous of taking part in a tender invited by a State Government Office/PSU/Autonomous Body/Local Body/
PRls, etc shall login to the e-Procurement portal of the Government of West Bengal https: wbtenders.gov.in using his login
ID and password.
b) He will select the tender to bid and initiate payment of pre-defined EMD / Tender Fees (if any) for that tender by selecting
from either of the following payments modes:
i) Net banking (any of the banks listed in the ICICI Bank Payment gateway) in case of payment through IClCI Bank Payment
Gat way ;
ii) RTGS/NEFT in case of payment through bank account in any Bank.
B. Payment procedure:
a) Payment by Net banking (any listed bank) through ICICI Bank Payment Gateway :
i. On selection of net banking as the payment mode, the bidder will be directed to IClCI Bank Payment Gateway webpage
(along with a string containing an Unique ID) where he will select the Bank through which he wants to do the transaction.
ii. Bidder will make the payment after entering his Unique ID and password of the bank to process the transaction.
iii. Bidder will receive a confirmation message regarding success/failure of the transaction.
iv. If the transaction is successful, the amount paid by the bidder will get credited in the respective Pooling account of the
State Government /PSU/Autonomous Body/local Body/PRIs, etc maintained with the Focal Point Branch of ICICI Bank at
R.N. Mukherjee Road, Kolkata for collection of EMD/Tender Fees(if any).
v. If the transaction is failure, the bidder will again try for payment by going back to the first step.
Page 5 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
i) On selection of RTGS/NEFT as the payment mode, the e-Procurement portal will show a pre-filled challan having the
details to process RTGS/NEFT transaction.
ii) The bidder will print the challan and use the pre-filled information to make RTGS/NEFT payment using his Bank account.
iii) Once payment is made, the bidder will come back to the e-Procurement portal after expiry of a reasonable time to enable
the NEFT/RTGS process to complete, in order to verify the payment made and continue the bidding process.
iv) If verification is successful, the fund will get credited to the respective Pooling account of the State Government /PSU/
Autonomous Body/Local Body/PRIs, etc maintained with the Focal Point Branch of ICICI Bank at R.N. Mukherjee Road,
Kolkata for collection of EMD/Tender Fees.
v) Hereafter, the bidder will go to e-Procurement portal for submission of his bid.
vi. But if the payment verification is unsuccessful, the amount will be returned to the bidder's account.
C. Refund/Settlement Process:
i. After opening of the bids and technical evaluation of the same by the tender inviting authority through electronic
processing in the e-Procurement portal of the State Government, the tender inviting authority will declare the status of the
bids as successful or unsuccessful which will be made available, along with the details of the unsuccessful bidders, to ICICI
Bank by the e-Procurement portal through web services.
ii. On receipt of the information from the e-Procurement portal, the Bank will refund, through an automated process, the EMD
of the bidders disqualified at the technical evaluation to the respective bidders' bank accounts from which they made the
payment transaction. Such refund will take place within T+2 Bank Working Days where T will mean the date of which
information on rejection of bid is uploaded to the e-Procurement portal by the tender inviting authority.
iii. Once the financial bid evaluation is electronically processed in the e- Procurement portal, EMD of the technically qualified
bidders other than that of the L1 and L2 bidders will be refunded, through an automated process, to the respective bidders'
bank accounts from which they made the payment transaction. Such refund will take place within T+2 Bank Working Days
where T will mean the date on which information on rejection of financial bid is uploaded to the e-Procurement portal by
the tender inviting authority. However, the L2 bidder should not be rejected till the LOI process is successful.
iv. If the L1 bidder accepts the LOI and the same is processed electronically in the e- Procurement portal, EMD of the L2
bidder will be refunded through an automated process, to his bank account from which he made the payment transaction.
Such refund will take place within T+2 Bank Working Days where T will mean the date on which information on Award of
Contract (AOC) to the Ll bidder is uploaded to the e-Procurement portal by the tender inviting authority
v. As soon as the L1 bidder is awarded the contract (AOC) and the same is processed electronically in the e-Procurement
portal -
a) EMD of the L1 bidder for tender of State Government offices will automatically get transferred from the pooling account
to the State Government deposit head “8443-00 -103-001-07” through GRIPS along with the bank particulars of the L1
bidder.
b) EMD of the L1 bidder for tenders of the State PSUs/Autonomous Bodies/Local Bodies/PRIs, etc will automatically get
transferred from the pooling account to their respective inked bank accounts along with the bank particulars of the Ll
bidder.
In both the above cases, such transfer will take place within T+1 Bank Working Days where T will mean the date on which the
Award of Contract (AOC) is issued.
vi. The Bank will share the details of the GRN No. generated on successful entry in GRIPS with the E-Procurement portal for
updating.
vii. Once the EMD of the Ll bidder is transferred in the manner mentioned above, Tender fees, if any, deposited by the bidders
will be transferred electronically from the pooling account to the Government revenue receipt head “ 0070-60-800-013-27”
through GRIPS for Government tenders and to the respective linked bank accounts for State PSU/Autonomous Body/Local
Body/PRIs, etc tenders.
viii. All refunds will be made mandatorily to the Bank A/c from which the payment of EMD & Tender Fees ( if any) were
initiated.
D. Earnest Money
Page 6 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
i) Bidders must submit the Earnest Money of Rs. 44,000/- (Rupees Forty Four thousand
) only. The EMD will have to be deposited online as mentioned in the above mentioned clauses.
ii) The Earnest Money will be returned to the unsuccessful Bidder after placement of Work Order on successful bidder and
uploading the same in the web-portal.
iii) a) The Earnest Money of the successful bidder will be returned after successful completion of the job & expiry of the
guarantee period if the payment option chosen is A.
b)The EMD shall be refunded to the successful bidder after placement of work order subject to receipt of SDBG @ 10% of
Work Order value provided that the payment option chosen is B. The said SDBG shall be released to the party on expiry of
the guarantee period plus Four month claim period. The validity of the said SDBG must be including the claim period.
If any Tenderer proposes for increase in their quoted price after opening of bid and within validity period of their
offer, the EMD may be forfeited.
On refusal to enter into a contract after the award of contract.
If the work is not commenced inspite of award of formal W.O/P.O to the successful bidder.
v) DPL reserves the right to forfeit the Earnest Money deposit in case the tenderer after opening the tender
withdraws, amends, impairs, derogates or revokes his tender within the validity period or extensions thereof.
vi) Earnest money submitted may be liable to forfeiture, if successful bidder fails to execute the work
successfully within scheduled period as mentioned in the work order.
vii) Submission of all documents: Xerox copies of all un priced uploaded documents (hard copy of Technical and
Financial QR document, Statutory documents, balance sheet etc.) must be sent along with e-challan receipt of
online submission of EMD in separate sealed envelope before opening the offer.
9. SUBMISSION OF TENDERS
9.1.1 Tenders are to be submitted online through the Website https://wbtenders.gov.in. All the documents uploaded by the
Tender Inviting Authority form an integral part of the bid. Bidders are required to upload all the tender documents along
with the other documents, as asked for in the Tender, through the above website within the stipulated date and time as
given in the Tender.
9.1.2 Bidders must submit the Tenders in two covers i.e. “Technical” & “Finance”. Bidders must download tender specific
documents (NIT/SBD, BOQ etc) from https://wbtenders.gov.in , prepare the required documents and upload the
scanned documents in Portable Document Format (PDF) to the portal in the designated locations.
9.1.3 He needs to fill up the rates of items/percentage in the BOQ, downloaded for the supply, in the designated cell of the
BOQ spreadsheet and upload the same in designated location of “Finance” cover.
9.1.4 The documents uploaded must be scanned against any virus and digitally signed using the Digital Signature Certificate
(DSC). Bidders should specially take note of all the addendum/corrigendum related to the tender and upload the latest
documents as part of the tender.
i) DPL reserves the right to modify the Bid Document by “Amendment” for any reason whatsoever at any time prior to
the last date of submission of Bid. The “Amendment” along with this Bid Document shall thereafter become part of
Page 7 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
the Bid document. Any Addenda / Corrigenda to the NIT will be published in https://wbtenders.gov.in and bidders
have to download the same and copy of the same have to be submitted duly signed with sealed towards acceptance
of the same in the Technical Cover. Bidders are requested to keep track of any Addenda / Corrigenda published time
to time.
ii) DPL reserves its right to accept or reject any or all bids or any part of the bid without assigning any reason
whatsoever and it shall not be liable for any compensation to expenses / loss incurred by the bidder in the process in
whatever manner it may be.
11. ADDENDA / CORRIGENDA, IF PUBLISHED:
Bidders are to keep track of all the Addendum / Corrigendum issued with the NIT and upload the download copies
of the above documents and merge the Addenda / Corrigenda with respective covers. Tenders submitted without the
Addendum / Corrigendum, if any, may be rejected. Tenders will be summarily rejected if any of the statutory cover is
missing. It will be the onus of the bidders to keep the information. DPL shall not be liable under any circumstances.
The following Non Statutory documents in standard pdf formats should be uploaded in Technical Cover under “Non
Statutory” Folder :
i). Notice Inviting Tender (NIT)/ Standard Bid Document (SBD) – The NIT /SBD as published is to be downloaded, then
digitally signed and uploaded.
ii). Digitally signed QR documents in support of Bidders’ qualification.
iii). Un priced, digitally signed BOQ sheet as mentioned at Sl. No. 15.
iv). Technical Offer /Technical Doc along with Technical compliance as mentioned below at Sl. No. 11 & 14.
Note: Tenders will be summarily rejected if any of the above Non Statutory items in the technical cover is missing.
Following Statutory Documents are to be uploaded along with the Bid & submitted in Technical Cover under “Statutory
“Folder.
i) Bidder must quote for all items mentioned in BOQ sheet with all cells filled-up must be submitted in Technical Bid. Non-
submission of this sheet in Technical Bid and partial quoting will lead to rejection of the bid.
Page 8 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
ii) If any bidder fails to produce any original hard copies of the documents like Completion Certificate or any other
documents on demand of the Tender Evaluation Committee within a specified time frame or if any deviation is detected in
the hard copies from the uploaded soft copies, it may be treated as submission of false documents by the bidder and
action may be including debarring the bidder from participation in the bidding process without assigning any reasons.
iii) All the uploaded documents will have to be attested by the bidder with official seal of the agency / company and digitally
signed.
iv) The Corporation reserves the right to accept / cancel any or all tenders without assigning any reason whatsoever. The
DPL does not bind itself to accept lowest effective tender (after execution of tender cum auction) and reserves the right to
reject or accept any or all tenders fully or partly without assigning any reason whatsoever. The DPL reserves the right
also to negotiate with any or all tenderers without assigning any reason whatsoever. In case of non-acceptance / non-
execution of the order by the successful tenderer on whom Letter of Intent / Confirmatory order is placed, order will be
terminated along with forfeiture of earnest money and the penal measure would be taken as deemed fit by the DPL.
v) The bidder is expected to carefully examine the Bid documents and fully satisfy himself as to all the conditions and
matters, which may in any way affect the work or the cost thereof. If any Bidder finds discrepancies or omissions in the
Bid documents or is in doubt as to the true intent or meaning of any part thereof, he can submit his query within the date
stipulated in the NIT for further clarification. Any query for clarification in the above respect after the submission of bid
shall not be entertained.
After receipt of such interpretation or clarification the Bidder shall submit his Bid but within the time and date as
specified in the invitation to Bid. All such interpretation and clarification shall form an integral Step of the tender
documents and must accompany the bid.
vi) Verbal clarifications and information given by DPL shall not be in any way binding on DPL.
vii)All the expenses, incidental to the submission of the tender, discussion, conferences, if any, shall be borne by the bidder
irrespective of whether the tender is accepted or not and The DPL shall bear no liability whatsoever on such expenses.
viii) The tender submitted by a bidder shall become the property of The DPL and The DPL shall have no obligation to return
the same to the Bidder for any reason whatsoever.
Page 9 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
Necessary jobs to facilitate the testing work of Transformer alongwith bushing before O/H and
ii) Set 1
after O/H by testing department.
Supply & Change of gasket / O-ring such as Inspection Chamber,WTI,OTI Gasket, Buchholz Relay
& OSR gasket, PRD Gaskets, other flange gaskets.Checking of aircell, level gauge glass (including
replacement, if found faulty) & replacement of all LV bushing's bellow. Arresting of all oil
iii) leakage points in radiator & conservator section including replacement of gaskets, o-rings, Set 1
reparing of butterfly valves, reparing of finges & header pipes of radiator banks by brazing, if
necessary. Brand & material of O-ring & Gaskets shall be approved by EIC. Arrangement of
necessary scaffolding work & oil level lowering at requisite level is under the scope of the party.
Oil filtration after successful completion of jobs still achieving desired parameter of oil due to
exposure to air during maintenance works after necessary oil filling. Arrangement of Oil Filter
iv) Set 1
machine is in party's scope.Transportation of oil drums is also in party's scope from nearest
store.
Transformer surface cleaning by suitable cleaning agent, checking, oil settling,venting jobs after
v) Set 1
completion of oil filtration & filling work.
vi) Connection of HV & LV Terminal after satisfactory testing of Transformer. Set 1
vii) Replacement of MOG (Oil Level Indicator) including supply. Brand shall be approved by EIC Set 1
Oil filtration after successful completion of jobs still achieving desired parameter of oil due to
exposure to air during maintenance works after necessary oil filling. Arrangement of Oil Filter
ii) Set 2
machine is in party's scope.Transportation of oil drums is also in party's scope from nearest
store.
Transformer surface cleaning by suitable cleaning agent, checking, oil settling, venting jobs after
iii) Set 2
completion of oil filtration & filling work.
Necessary jobs to facilitate the testing work of Transformer alongwith bushing before O/H and
iv) after O/H need to be carried out. Also necessary jobs to facilitate the testing work including Set 2
Inspection of OLTC to be carried out.
v) Replacement of MOG (Oil Level Indicator) including supply. Brand shall be approved by EIC Set 4
Station Transformer #7, 35MVA, 220KV/6.9KV, Current(HV): 90.11 Amp Current(LV):2928.6 Amp, Connection:
3
YNyn0, Cooling-ONAF/ONAN, Oil Weight(Kg): 33000 Kg,Make: Xian XD Transformer Co. Ltd.
Isolation of ST#7 from both end LV & HV terminal with necessary dismantling and removing of
i) Set 1
Dropper Moose Conductor & Flexible Connector as required.
Necessary jobs to facilitate the testing work of Transformer alongwith bushing before O/H and
ii) after O/H need to be carried out. Also necessary jobs to facilitate the testing work including Set 1
Inspection of OLTC to be carried out.
Page 10 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
Dismantling of existing HV Bushing and Erection & commissioning of new HV Bushing on base
turret by proper procedure.This job also include requisite o-ring & gasket replacement of
bushing housing as well as Turret Flange.New HV Bushing Testing assistance to be provided
iii) Set 1
prior to replacement job. Arrangement of necessary scaffolding work & oil level lowering at
requisite level with supply & charging of dry air/N2 gas (if required) is under the scope of the
party.
Supply & Change of gasket/ O-ring such as Inspection Chamber,WTI,OTI, Buchholz Relay & OSR
gasket, PRD Gaskets, other flange gaskets.Checking of aircell & MOG (including replacement, if
found faulty). Arresting of all oil leakage points in radiator & conservator section including
iv) replacement of gaskets, o-rings, reparing of butterfly valves, reparing of finges & header pipes of Set 1
radiator banks by brazing, if necessary. Brand & material of O-ring & Gaskets shall be approved
by EIC. Arrangement of necessary scaffolding work & oil level lowering at requisite level is
under the scope of the party.
Oil filtration after successful completion of jobs still achieving desired parameter of oil due to
exposure to air during maintenance works after necessary oil filling. Arrangement of Oil Filter
v) Set 1
machine is in party's scope.Transportation of oil drums is also in party's scope from nearest
store.
Transformer surface cleaning by suitable cleaning agent, checking, oil settling,venting jobs after
vi) Set 1
completion of oil filtration & filling work.
vii) Replacement of MOG (Oil Level Indicator) including supply. Brand shall be approved by EIC Set 2
160 MVA Xian XD Make Auto Transformer, 220KV/132KV/33KV,Current(HV): 419.9 Amp Current(MV):699.8 Amp
4 Current (LV): 874.8, Connection: YNaod11, Cooling- OFAF/ONAF/ONAN,Oil Weight(Kg): 56500 Kg, Make: Xian XD
Transformer Co. Ltd.
Replacement of existing Air Cell and MOG (for OLTC & main tank conservator) by new ones
including supply. Brand & Model shall be approved by EIC. Conservator Oil filtration after
i) Set 1
completion of jobs still achieving desired parameter of oil and oil top up up to desired level
needs to be done. Arrangement of Oil Filter machine is in party's scope.
Dismantling of existing HV/ MV Bushing and Erection & commissioning of new HV/MV Bushing
on base turret by proper procedure.This job also include requisite o-ring & gasket replacement
of bushing housing as well as Turret Flange.New HV/MV Bushing Testing assistance to be
ii) Set 2
provided prior to replacement job. Arrangement of necessary scaffolding work & oil level
lowering at requisite level with supply & charging of dry air/N2 gas (if required) is under the
scope of the party.
iii) Replacement of MOG (Oil Level Indicator) including supply. Brand shall be approved by EIC Set 2
Page 11 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
A. Price:- The Rate will be firm during entire period of Contract. Amount quoted in BOQ sheet will be considered as Base
Value i.e exclusive of G.S.T. and G.S.T (as applicable) will be paid extra over the quoted amount. (To be submitted as per
BOQ)
C. TIME OF COMPLETION:- Within Sixty(60)days from date of providing necessary work permit on respective
Transformer.
E. PAYMENT TERMS: -
A) 92% progressive payment will be made after successful completion of the progressive job & balance 8% will be kept as
security deposit which will be released after completion of the guarantee period as mentioned in this NIT. In this case
EMD will be returned to the successful bidder only after expiry of the guarantee period/defect liability period.
OR
B) 100 % progressive payment will be made after successful completion of progressive job Subject to submission and
acceptance of SDBG @10% of work order value. The SDBG will be released only after expiry of the guarantee
period/defect liability period and a claim period of 01(one month). In this case, the EMD submitted by L1 bidder, will be
returned only after submission of the SDBG.
N.B.:-
The party has to mention the payment term either A or B during submission /finalization of their offer.
However, payment will be made on actual quantity of job done duly certified by user department.
F. BID VALIDITY:-The Bid should be valid for 120 days from the date of opening of the financial bid.
G. GUARANTEE/ DEFECT LIABILITY PERIOD (DLP):- ______Twelve (12)___________ months from the date of completion of
the job. If any defect developed during the guarantee period that has to be repaired by the party free of cost.
Page 12 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
Amount
Sl. Description of Job Unit Qty. Total GST (Without Amount
Rate Amount GST) with GST
370 MVA,235/20KV Xian XD Transformer Co. Ltd. make GT#7, 235kV/20kV, Line Current(HV): 909A,Line Current(LV):
1
10681A, Oil Weight(Ton): 62T, Cooling: ONAN/ONAF/OFAF,Connection Symbol: YNd1,Serial No:A2006050
Page 13 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
Station Transformer #7, 35MVA, 220KV/6.9KV, Current(HV): 90.11 Amp Current(LV):2928.6 Amp, Connection: YNyn0,
3
Cooling-ONAF/ONAN, Oil Weight(Kg): 33000 Kg,Make: Xian XD Transformer Co. Ltd.
Page 14 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
Any conditional bidding with price variation cost will make the bid liable to cancellation.
iii) During scrutiny of documents of Part-I or prior to issue of letter of acceptance if it is observed and proved that, if any
document uploaded/submitted by a bidder is either fabricated or manufactured or false or incorrect/ their contract is
terminated in any tender may be in DPL or in other organization, the eligibility of the bidder/ tenderer will be out rightly
rejected without any prejudice with forfeiture of earnest money and penal action may be taken against the respective bidder.
The said bidders/s may also be debarred from participation in any tender as may be decided by DPL.
iii) After evaluation of Financial Proposal, by Tender Evaluation Authority, the final summary result, name of bidder and the
rates quoted by them against supply and delivery of material/service will be uploaded.
iv) The Tender Accepting Authority may ask any of the bidders to submit analysis to justify the rate quoted by that tenderer.
Note:- The Net worth of the bidders should be positive for each of the last 3 (three) preceding financial/ accounting
years. In case this criteria is felt too restrictive, the 3 (three) year criteria may be relaxed up to 1 (one) year [ For
financial evaluation].
Page 15 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
the tenders and also reserves the right to split the order, alter the quantity of any or all Bidders without assigning any
reason whatsoever.
24. PENALTY:- In case of failure to complete the job within the given time period, necessary L.D. will be deducted from
contractor’s bill at the rate 0.5% (half percent)/week basis of total L.S. contact value subject to maximum 5% of the L.S
contract value.
25. LAW OF LAND: - Regarding engagement of unskilled workers prevailing norms at DPL shall have to be followed.
26. TERMINATION OF CONTRACT: - DPL reserves the right to terminate the contract at any stage for unsatisfactory
performance after issuance of warning letters and 24 hours notice without any compensation for loss or damage due to
such termination.
1. The contractor is to follow the prevailing system of engaging manpower at the site.
2. The contractor supervisor must have sufficient experience for handling of similar type of job.
3. No conveyance or accommodation will be provided to you during the period of contract.
4. The job is of turnkey basis. The contractor is to arrange everything including all tools and tackles, safety appliances etc
required for successful completion of the job.
5. During and after completion of the job all the materials tools and tackles etc should be under the custody of the
contractor.
28. DECLARATION:-
The bidder will have to accept, unconditionally, the online user portal agreement which contains all terms and
conditions of NIT including commercial and general terms and conditions and other conditions, if any along with an
online undertaking in support of the authenticity of the declaration regarding facts, figures, information and documents
furnished by the them online.
The bidder will have to give an undertaking online that if the information/declaration/scanned documents furnished in
respect of eligibility criteria are found to be wrong or misleading at any stage, they will be liable to punitive action
including rejection of bid.
The agencies which are got blacklisted by DPL or any other organization are not eligible to participate in this
tender. In later stage if it is found that they were blacklisted by any organization , their offer will be summarily
rejected at that stage & their EMD may be forfeited.
29. FORFEITURE OF SECURITY DEPOSIT/ BANK GUARANTEE AND EARNEST MONEY:- In case of any damage of The
DPL or failure on the bidder’s part to meet its obligations under the contract, non completion of the contract for any
reason whatsoever leaving the site in mid way of the contract or in default of satisfactory execution of the order SD/
Bank Guarantee along with the Earnest Money will be forfeited without any further correspondence . The expression
satisfactory execution of the order shall mean fulfillment of all obligations arising out of this contract.
At the end of the contract period the successful bidder shall handover the job in good working condition failing which
SD/ Bank Guarantee along with the Earnest Money will be forfeited without any further correspondence.
Page 16 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
30. ARBITRATION:-
i) If any dispute(s) or difference(s) of any kind whatsoever arise between the parties hereto in connection with or arising
out of any contract, the parties hereto shall negotiate with a view to its amicable resolution and settlement. In the event
no amicable resolution or settlement is reached within a period of 30 (thirty) days from the date on which the dispute(s)
or difference(s) arose, either party shall give a notice to the other party, of such intention to invoke Arbitration within 14
(fourteen) days from the expiry of the aforesaid period of 30 (thirty) days within which amicable resolution could not be
reached.
(a) If the contract value is of Rs. 10 crores or below, a Sole Arbitrator to be mutually appointed by both the parties;
(b) If the Contract value exceeds Rs 10 crores, an Arbitral panel comprising of 3 (three) arbitrators will be constituted.
Both the parties shall appoint one arbitrator each. The third Arbitrator shall be appointed by both the Arbitrators who
shall act as the Presiding Arbitrator.
ii) If a party fails to appoint the Sole Arbitrator within 30 (thirty) days from the receipt of a request to do so from the
other party or in the case of Arbitral Tribunal, the appointed Arbitrators fail to agree upon the Presiding Arbitrator
within 30 (thirty) days from the date of their appointment, the appointment of Sole Arbitrator or Presiding Arbitrator, as
the case may be, shall be made upon request of either party by:
(a) the High Court (in case of a domestic arbitration) or
(b) the Supreme Court of India ( in case of International Commercial Arbitration) or
(c) any person or Institution designated by such Court referred to above.
iii) The Arbitration clause can be invoked at any time during the currency of the contract or after the expiry/
termination or closure of the contract.
iv) The arbitration proceedings shall be in accordance with the prevailing Arbitration laws of India as amended or
enacted time to time.
v) The existence of any dispute(s) or difference(s) or the initiation or continuance of the Arbitration proceedings shall
not permit the parties to postpone or delay the performance by the parties of their respective obligations pursuant to
the Contract.
vi) The seat of arbitration shall be Durgapur/Kolkata, West Bengal, India.
32. CONFIDENTIALITY:-The party shall be liable to treat every activity as confidential and shall be bound to maintain
secrecy to the highest level. Only the head of the Power Unit/his authorized representative shall have to access to such
information whenever it may be required. [ Details in Annexure-H]
Failure to abide by the same shall make the party liable for strict action including forfeiture of contract amount and
further penalty as may be identified by DPL.
In case the quoted price of successful bidder is less than 80 % of estimated cost, then the bidder on receiving the
contract / Order shall have to deposit a bank guarantee (BG) of an amount 10 % of the ordered value. This BG shall be in the
name of “The Durgapur Projects Limited”. The validity of which shall be the entire completion period of the work with a
claim period of another 30 days. This BG shall be submitted within 15 days from the date of LOA / Contract / Order (As per
Annexure – ‘D’).
Page 17 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
34. NON-COMPLIANCE:
In case the vendor fails to carry out his assigned service or could not mobilize his resources or withdraw his service
in midway of the contractual period for any reason whatsoever, then the Controlling Officer or his authorized representative
reserves the right to get the service done by any agency for the interest of the WBDPL. In that case the Security Deposit may
liable to be forfeited as per discretion of the WBDPL authority and other penal action may be taken as deemed fit.
35. Laws:
i) You should have to abide by all Acts and Laws and Regulation of Government of West Bengal.
ii) You shall be responsible for compliance of all statutory obligations under Factories Act, Contract Labour Act, Minimum
Wages Act, Payment of Wages Act and also be responsible for payment of employees’ contribution under EPF, MP Act etc.
in respect of your employees.
iii)You shall have to obtain license from Competent Authority under Contract Labour Regulation and Abolition Act and the
copy of the same will have to be produced within 30 days from the date of commencement of work.
iv) The worker deployed by you will be bound by provisions of Factories Act’ 1948 and other provisions of Acts. Minor
Workers should not be engaged in the job.
The successful tenderer / bidder shall be liable to pay damages caused to the property of the DPL on account of
negligence or defective working. Such amount of damages shall be recovered from the bills & the party shall be liable to pay
such damages to the DPL. DPL will not take any liability for any damage, missing or loss of machine, tools tackles etc. of
contractor. No compensation in such case will be made by DPL.
37. JURISDICTION:
If any dispute or difference arises out of or touching the contract against this specification, it shall be decided only by the High
Court, Kolkata or Tribunals situated in Kolkata irrespective of place of signing agreement. No suit or other legal proceedings
shall be instituted elsewhere
38. AGREEMENT:
a) An agreement (with one Xerox copy) on non- judicial stamp paper for appropriate amount shall have to be executed by
you within 30 (thirty) days from the date of placement of LOA / Order (As per Annexure – ‘C’).
The Bidder shall have to undertake such responsibilities of purchase of Stamp Paper etc. at his own cost in
favour of DPL and submit at his own cost all documents.
b) The agreement shall remain valid for the entire contract period.
c) On the event of conflict / contradiction between provisions of tender document and agreement, provisions of Tender
Document shall overrule, and any provision of tender document, which is not covered in Agreement, shall also be
considered as a part of Contract agreement.
a) Wages of Labour to be paid as per prevailing Rate inside DPL Plant Premises.
b) The Tenderer must visit the Site before quoting Rate
Page 18 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
Annexure-‘A’
1. The contractor shall be vigilant to ensure provisions of Factories Act, 1948 and other statutory provisions as
applicable in DPL.
2. The contractor shall be vigilant to ensure provisions of the Building and other Construction workers (BOCW) Act,
1996 and also the West Bengal Building and other Construction workers (Regulation of Employment and condition of
service) Rules, 2004 in respective area. FORM-II (Certification of Registration) is to be taken by the contractor before
starting the job.
3. It shall be the responsibility of main contractor to ensure that all safety requirements are followed by the employee
and staff of the sub-contractor.
4. The contractor shall be responsible for non-compliance of the safety measures, implications, injuries, fatality and
compensation arising out of such situation or incidents.
5. In case of any accident/Incident/injury/Fatality the contractor shall immediately submit a statement of the same to
the owner/head of the concerned Department and Safety officer, containing the details of the accident, any injury or
casualties, extent of property damage and remedial action taken to prevent recurrence and in addition the contractor
shall submit a monthly statement of the accident at the end of each month.
6. Engagement of Safety personnel:-Contractor who have 200 or more worker must engage qualified Safety personnel in
order to ensure the implementation of safety requirement of the work area and the contractor who have less than 200
worker must engage one of his qualified employee as a safety co-coordinator who shall liaise with the DPL safety
officer on matter relating to safety and his name shall be displayed on the notice board at prominent place at the work
side.
7. Contractor must ensure use of Personal Protective equipment by its workers in line of their allotted job. The personal
protective equipment to be supplied by the contractor to their worker must be in line with IS/CE/or equipment
approved standards before commencement of the work. The contractor shall also replace all damaged PPEs’ during
the contract at his own cost. If any contractor fails to supply the PPEs to his workers, he shall be penalized according
to Clause 32 of this document.
8. The contractor will ensure medical examination for its workers before commencement of any work and once in every
year by qualified medical doctor as per provision in the Factories Act, 1948 and W. B. Factories rule, and maintain a
register for the same for inspection by Respective Department and Safety Department on demand. The Factory
Medical officer shall check the certificate and sent to HR Dept for issuance of Gate pass.
9. Examination of Eye sight of certain worker:-No person shall be allowed to operate a crane, locomotive, fork-lift and
(dumper, dozer, lorry, tractor etc) or to give signals to a crane or locomotive operator unless his eye sight and colour
vision have been examined and declared fit by qualified ophthalmologist to work whether with or without the use of
corrective glasses. The eye-sight and color vision of the person as referred shall be re-examined at least once in every
period 12 months up to the age of 45 years and once in every 6 month beyond that age.
10. The worker employed by the contractor should be suitable for the respective job requirement otherwise head of the
concerned Department shall have right to disallow the unsuitable worker (e.g. a vertigo patient can’t be allotted a job
at height).
11. In case of injury, the contractor will send the injured person to hospital/Dispensary/First Aid centre with
statement to head of the concerned department under whom he work as well as Safety Officer. The contractor shall
submit periodical progress report about the treatment till the injured worker is certified fit by Govt. /Govt. registered
Page 19 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
Doctor and the said certificate will be submitted to the safety department and HR & A Department before resumption
of work by the said injured worker .The contractor will maintain an arrangement at his own cost to administer first
aid in case of minor injury to any working personnel.
12. The ―Colour code of Helmet of DPL is to be maintained by the contractor and Special Overhauling sticker shall be
affixed in the helmet of the worker (Contractual) engaged in overhauling jobs.
13. Only metallic Scaffolding with proper locking system is to be used for working height job. Proper metallic Scaffoldings
are to be constructed as per IS 4041 & 3696 guideline. No make-shift or bamboo-made scaffoldings are allowed.
14. Ladders, Crawler Ladders and Hoisting equipment should be properly checked for level, support and other safety
aspects before use.
15. Proper working platforms with hand railing and toe guard (150 mm) are to be constructed.
16. Vehicle speed inside plant and Back horn for heavy vehicle: - Back horn is to be installed in all the heavy vehicle and
the speed limit of the vehicle inside plant must be 20km/hr.
17. Special Safety requirement, if any, is to be discussed in Per-bid in presence of personnel of Fire & Safety Dept & MOM
to be made.
18. All electrical connection is to done through RCCB/ELCB with proper plug top. No damaged, jointed or twisted cables
shall be used for electrical connections. Plug tops shall be mandatorily used for connections from designated plug
points.
19. Proper illumination level is to be arranged (working light).
20. All gas cutting equipment is to be connected through flash back arrester.
21. Practice of shifting of gas cylinder by rolling on the ground is not allowed. Cage/Trolley is to be used for shifting Gas
cylinder. All Cylinders must be with cap on head. All cylinder used at site must be tied properly to avoid falling
hazards.
22. Portable cutting & grinding machine should be made of plastic body with proper guard.
23. Hand lamp bulb must be guarded with proper glass and cage.
24. 24 volt power supply is to be used inside every confined space job.
25. First Aid Box should be mandatorily available at the job site.
26. Barricading is also mandatory for heavy lifting zone and Radiation zone. The contractor is also responsible for
cordoning/ barricading any other area, which may be affected by the job and which controlling officer/ safety officer
feels necessary. Grating and handrail removed for material movement must be barricaded. Same must be restored
back once job is over.
a) Following equipment or tools shall not be allowed inside plant premises without valid certificate and gate
pass. Contractor shall submit relevant valid test certificate of equipment to controlling officer beforehand
towards timely issuance of gate pass for the equipment.
Welding Machine,
Before execution of the job readiness of the job area is to be done following above guidelines with permission
of the user department.
29. READINESS OF THE WORKERS:-
a) The safety related actions to be taken regarding workers before starting the job.
Page 20 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
b) The worker should attend safety training and competent supervisor of contractor should mandatorily deliver
tool box talk before taking up any job.
30. Job execution is to be started after getting clearance from user department.
31. After Completion of work, the Scraps & debris created from the work should be cleared immediately by the Contractor
at his own cost.
32. Without prejudice to the right conferred by the clause as mention before for stoppage of work for violation of
Statutory rules and regulations requirement
, contractor shall be liable for penalties as mentioned below:-
i. Upto Rs 5000/- by Sr. Manager(Safety)/Head of Env /Head of the Dept. where work is being done for 1st
violation of safety norm, non use of PPE like Safety Shoes, Hand Gloves ,Safety Helmet, Goggles etc as per work
requirement of contractor and their worker.
ii. Fine upto Rs 20,000/- on 2nd violation as mentioned in clause (i) above.
iii. Repeated Safety violation may result in debarment of vender for future contract.
iv. Fine upto Rs10, 000/- for violation of non use of Full Body Harness by contractor and contractor worker for
working height job.
v. Fine upto Rs 25,000/- (Min) to Rs50,000/- (Max) for serious injury caused by violation as mentioned in
clause no. (i) to (iv).
vi. Independent of the above, contractor shall be fined RS1, 00,000/- (One lac) or more and debarred
/deregistered from taking up further contractual work in DPL from the date of issue of debarring
/deregistering order in case any fatal accident occurs due to violation as mentioned clause (i) and (iv) above.
33. Submission of Duly filled & signed ―Safety Clearance Certificate as per attachment is mandatory for final clearance
of payment.
Remarks: ------
Annexure-‘B’
(1) Rate of Wages:-The contractor has to pay wages to all workmen to be engaged under this work order as per prevailing
wages pattern of the Durgapur Projects Ltd as applicable, at the relevant point of time for different categories of
contractor labourers.
(2) The contractor shall pay wages to his workmen on or before 7 th, of every calendar month. The contractor must be
capable of paying wages to his contractor labour in due time and due rate, irrespective of release of payment from DPL.
(3) Rates of wages, wage period and date of disbursement of wages shall be suitable notified by the contractor for
information to all the workmen under this work order. P&A wing of DPPS/DPL should be informed well in advance of the
above particulars, thus enabling the said department to witness the payment of wages. Records of wages disbursed to
the workmen must be submitted to the P&A Department. If the wages paid through bank, necessary documents of
payments should be submitted to the P&A Department.
(4) The contractor must maintain the following Registers , in the prescribed format of W.B Contract Labour ( Regulation and
Abolition )Act ,1970 , with up to date entries , at his site and also readily available for inspection for representative of
D.P.L and also for inspector of West Bengal Labour Department from time to time.
Page 21 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
a) Muster Roll
b) Register of Wages.
c) Attendance Register.
d) Register of Overtime.
e) Any other register, as mentioned in the relevant acts.
(5) LABOUR LICENSE:- The contractor must obtain a valid Labour License ( if applicable ) against the job from the
concerned authority and renew the same from time to time as per requirement.
a) From the very first day of engagement of any workmen by the contractor under this work order , the said workmen
shall be the member of the Provident fund of his firm and a copy of the membership details is to be sent to the
Regional P.F Commissioner and a copy of the same shall be furnished to the P&A Department of the DPPS/ DPL.
b) All relevant documents pertaining of deposit of PF contribution shall be made available at his site office for
inspection by the Officer(s) of P&A Deptt of DPPS/DPL as well as by the PF Inspectors.
(7) ESI:- All workers engaged by the contractor under this work order must be insured persons as per the relevant provision
of the E S I Act. The contractor must deduct the due contribution of workmen from their wages and duly deposit the
same along with the Employer’s contribution to the ESI and a copy of the membership details is to be sent to the E.S.I
Commissioner and a copy of the same shall be furnished to the P&A department of the DPPS/DPL.
No sub- contractor can be engaged by the contractor for accomplishment of full or part of any job under this contract, unless
the DPL management specially approve the “ Sub- Contractor ”.
The D .P. Ltd, as the Principal employer, shall issue Form-V to the sub contractor( for obtaining Labour License) only after
certification of the main contractor.
(9) The contractor shall decide the number of workmen required for completion of the job. He will review his work as to the
number of workmen required from time to time, i.e increase or decrease of the job.
(10) The contractor will also decide and take disciplinary action against the workmen, if any workmen is found to have
committed any act of misconduct , as deemed necessary by the contractor.
(11) The contractor shall comply with the provision of the following acts currently in vogue and shall come into being from
time to time in future.
(12) In case of contravenes of any provision of any act applicable to the contractor and the Company suffers any damage or
loss or harm due to any act of commission or omission of contractor , the contractor shall be bound to indemnify the
company. The contractor will also be responsible for discharge of all legal liabilities towards the company and also
observe all laws and Government rules relating to Labour. The contractor will be responsible for damage or loss to the
company caused due to the negligence of the workmen employed by him and shall compensate or reimburse the
company adequately for such loss, which shall be assessed or determined by the Company.
First Aid:- The contractor shall take proper arrangement of First Aid at the site to combat any injury of his workman
initially , and if the injury is beyond first- aid , all arrangement should be made by the contractor for further treatment of
the injured person at the cost of the contractor.
(14) The following documents are to be submitted by the contractor to the P&A Department/ DPPS at the time of releasing
the monthly bill/ R.A Bill/ Final Bill.
Page 22 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
(15) Miscellaneous:-
(16) Gate Pass:- The contractor shall apply before the DPL manager for issue of gate passes for contract labourers and other
employees , before execution of the job , with relevant documents and shall renew the same from time to time. After
completion of the job, the contractor must return the issued gate passes before the DPL management.
Annexure-‘C’
FOR THE CONSIDERATION payable under this agreement, the contractor hereby agrees to complete the execution of
job in a satisfactory manner following scope of Work within the specified period.
1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the
Contract referred to.
2. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz.:
This Contract shall prevail over all other Contract documents which are not covered under Clause 2 above. In the event of any
discrepancy or inconsistency within the Contract documents referred under Clause 2, then the contract shall be governed by
the documents in the order listed above.
3. In consideration of the payments to be made by the DPL to the Contractor as indicated in this Agreement, the Contractor
hereby covenants with the DPL to execute works and to remedy defects therein in conformity with the provisions of the
Contract in all respects.
4. The DPL hereby covenants to pay the Contractor in consideration of the provision of execution of works and the
remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the
Contract at the times and in the manner prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the applicable laws of
the land of the DPL on the day, month and year indicated above.
Page 23 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
Annexure-‘D’
(To be stamped in accordance with Stamp Act, if any, of the Country of the issuing Bank)
To,
Dear Sir,
In consideration of the........... [Procuring Entity’s Name]............... (Hereinafter referred to as the ‘Procuring Entity’ which
expression shall unless repugnant to the context or meaning thereof, include its successors, administrators and assigns)
having awarded to M/s. [Contractor’s Name].............. with its Registered / Head Office at (Hereinafter referred to as the
‘Contractor’, which expression shall unless repugnant to the context or meaning thereof, include its successors
administrators, executors and assigns), a Contract by issue of Procuring Entity’s Letter of Acceptance No. ................dated
.................. and the same having been acknowledged by the Contractor, for …………… [Contract sum in figures and words]
for….……. [Name of the work] and the Contractor having agreed to provide a Contract Performance Guarantee for the
faithful performance of the entire Contract equivalent to……..…… (*)……….. of the said value of the aforesaid work under
the Contract to the Procuring Entity.
We............... [Name & Address of the Bank...…............ is having its Head Office at................... (hereinafter referred to as the
‘Bank’, which expression shall, unless repugnant to the context of meaning thereof, include its successors, administrators,
executors and assigns) do hereby guarantee and undertake to pay the Procuring Entity on demand any and all monies
payable by the Contractor to the extent of .............. (*) ............... as aforesaid at any time up to................ (@) ...........
[days / month / year] without any demur, reservation, contest, recourse or protest and /or without any reference to the
Contractor. Any such demand made by the Procuring Entity on the Bank shall be conclusive and binding
notwithstanding any difference between the Procuring Entity and the Contractor or any dispute pending before any
Court, Tribunal, Arbitrator or any other authority. The Bank undertakes not to revoke this guarantee during its currency
without previous consent of the Procuring Entity and further agrees that the guarantees herein contained shall continue
to be enforceable till the Procuring Entity discharges this guarantee or till ……………[days / month / year] whichever is
earlier.
The Procuring Entity shall have the fullest liberty, without affecting in any way the liability of the Bank under this
guarantee, from time to time to extend the time for performance of the Contract by
The Contractor. The Procuring Entity shall have the fullest liberty, without affecting this guarantee, to postpone from
time to time the exercise of any powers vested in them or of any right which they might have against the Contractor,
and to exercise the same at any time in any manner, and either to enforce or to forbear to enforce any covenants,
contained or implied, in the Contract between the Procuring Entity and the Contractor or any other course or remedy or
security available to the Procuring Entity. The Bank shall not be released of its obligations under these presents by any
exercise by the Procuring Entity of its liberty with reference to the matters aforesaid or any of them or by reason of any
other act or forbearance or other acts of omission or commission on the part of the Procuring Entity or any other
indulgence shown by the Procuring Entity or by any other matter or thing whatsoever which under law would, but for
this provision have the effect of relieving the Bank.
The Bank also agrees that the Procuring Entity at its option shall be entitled to enforce this Guarantee against the Bank
as a principal debtor, in the first instance without proceeding against the Contractor and notwithstanding any security
or other guarantee the Procuring Entity may have in relation to the Contractor’s liabilities.
Our liability under this Bank Guarantee shall not exceed …………………..
Page 24 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only and only if Procuring
Entity serve upon Bank a written claim or demand on or before……………..@…………..
Dated this.................... Day of................... (Month)..................... (Year)…......... at..............
WITNESS
....................................
(Signature)
....................................
(Name)
...................................
(Engineer / Officer Address)
Notes:
...............................
(Signature)
.....................................
(Name)
.................................................
(Designation with Bank Stamp)
.................................................
Attorney as per Power of Attorney No....................
Dated............................
Annexure-‘E’
(Format for the Notarized and Legalized Power of Attorney for Authorised Signatory dealing the Bid on behalf of the Bidder)
I........................................................................ on behalf of M/s (Name & address of the Bidder) would like to declare as below:-
WHEREAS I HEREBY AUTHORISE Mr. / Ms............................................. to act as my Attorney and to look after the affairs pertaining
to the Bid against the Bid Reference No. ……….………...……, issued by the DPL.
AND WHEREAS the above named person, Mr. / Ms...................................is............................. sufficiently capable and knowledgeable
about all the affairs related to the said Bid and is capable of handling them and decision taken by him shall be binding on the
Bidder.
Attested by:-
Signature:
Name and Designation of the Authorised Signatory: Signature of the Authorised Signatory
Designation:
For and on behalf of:
(Name of the bidder)
Page 25 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
Annexure ‘F’
DECLARATION:
Note:
The above declaration should be submitted in the letterhead of the company.
Annexure-G
Auditor’s certificate
This is to certify that we have checked and verified Books of Accounts and documents of
M/s.____________________________________________________________________________________________________
Address:-_______________________________________________________________________________________________
__________________________________________________________________________________________________________
for the FY ______________________________ , FY_________________________________ and FY ____________________.
A statement showing the result operation and financial position of the firm during preceding three years is given below:-
Signature
Original seal & Stamp of chartered Accountant
with membership number.
Annexure-H
This Agreement is entered into as of date........... by and between <DPL> (“First party”) with its Registered office at office
address, and Vendor Name ("Second party") with its principal place of business at <address>. (collectively, “the parties”).
This agreement is intended to facilitate the exchange of information between <DPL> and Second Party, for various purposes.
<DPL> and second Party desire to disclose, on a confidential basis, certain information, process, clients, business contacts and
documents considered confidential and/or proprietary by <DPL> and/or Second party concerning their respective
businesses. <DPL> and Second Party wish to maintain the confidentiality and/or the proprietary nature of the confidential
Page 26 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
information disclosed. ln consideration of the mutual promises and covenants set forth herein and for other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
CONFIDENTIAL INFORMATION:
1. The Parties agree that information disclosed orally or in writing or made available by either party ("Disclosing Party") to
the other Party ("Recipient"), including, but not limited to, information acquired from employees, trade secrets, strategic
plans, invention plans and disclosures, customer information, suppliers, IT Infrastructure (Hardware, Software & Network),
Application software, distribution channels, marketing studies, intellectual property, information relating to process and
products, designs, business plans, business opportunities, marketing plans, finances, research, development, know-how or
personnel, confidential information originally received from third-parties, information relating to any type of technology, and
all other material whether written or oral, tangible or intangible, shall be deemed "Confidential Information.” In addition, the
existence and terms of this Agreement shall also be treated as Confidential Information. The parties agree that any
Confidential Information disclosed prior to the execution of this Agreement was intended to be and shall be subject to the
terms and conditions of this Agreement.
2. The Parties agree to maintain the confidentiality of the Confidential Information and to prevent its unauthorized
dissemination or use for a period of 3 year from date of disclosure; provided, however, that this Agreement shall impose no
such obligations with respect to Confidential Information which is i) publicly known or becomes publicly known through no
unauthorized act of Recipient, ii) known by the Recipient prior to the date of this Agreement, which prior knowledge is
evidenced in writing, iii) disclosed to the Recipient by a third party with the right to make that disclosure, or iv)
independently developed by the Recipient without any use of or reliance upon the disclosed Confidential Information. In the
event of a disclosure required pursuant to a requirement of a governmental agency or law, the party seeking to disclose
confidential Information will provide to the Disclosing party notice prior to such disclosure in order to afford the Disclosing
Party a reasonable opportunity to file objections to the disclosure with the appropriate entity.
3. The parties expressly agree that the Recipient shall not use confidential Information in the development of any products or
services for its own account or for the account of a third party unless expressly agreed to by the Disclosing Party in writing.
Further, the parties agree not to use the confidential Information for purposes other than that necessary to consider the
possibility of entering into a business relationship or transaction between the parties. The Recipient shall protect the
confidential Information by using the same degree of care, but no less than reasonable care, to prevent the unauthorized use,
dissemination or publication of the confidential Information as the Recipient uses to protect its own confidential Information,
The Recipient shall limit its internal disclosure of the confidential Information to only those employees and agents who have
a need to know the information for the limited purpose of the proposed business relationship between the Parties, <DPL>
and Second party agree that it will direct its employees and argents to maintain the confidentiality of the Confidential
Information. The obligation not to disclose shall not be affected by bankruptcy, receivership, assignment, attachment or
seizure procedures, whether initiated by or against Recipient, nor by the rejection of any agreement between the Disclosing
Party and Recipient, by a trustee of Recipient in bankruptcy, or by the Recipient as a debtor-in-possession or the equivalent of
any of the foregoing under local law.
4.The Parties acknowledge and agree that both parties have been engaged and continue to engage in activities to develop the
technology that is the subject of a potential transaction or business relationship between <DPL> and second party and
acknowledge and agree that nothing contained in this Agreement shall restrict or prohibit either party from continuing such
development efforts whether or not with each other, and that such continuing development efforts will not be considered a
breach of the terms and provisions of this Agreement.
5. Neither this Agreement nor the disclosure or receipt of Confidential Information shall constitute
or imply any promise or intention to make any purchase of products or services by either party or its affiliated companies or
any commitment by either party or its affiliated companies with respect to the present or future marketing of any product or
service.
6. All Confidential Information, and all material items delivered by the Disclosing party to the Recipient, remains the property
of the Disclosing Party and no license or other rights in the Confidential Information are granted to the Recipient by this
Agreement or by the act of disclosure. No rights, obligations, representations or terms other than those expressly set forth
herein are to be implied from this Agreement. In particular, without limitation hereby granted no license is hereby granted
directly or indirectly to either <DPL> or second party or their respective employees (a) under any patent, trademark, trade
secrets or designs for any purpose without the other party's prior written permission.
Page 27 of 28
NIT no.:- WBDPL/PP/T/12021(12)/2/2023-GM-POW/EMIPH/E/150
7. upon the written request of the Disclosing Party, the Recipient shall return to it (or, at the request of the Disclosing Party,
erase or destroy) all materials that contain or embody any confidential Information of the Disclosing Party, including but not
limited to all computer programs, documentation, notes, plans, drawings, and copies thereof. Return or destruction of such
material shall not relieve the Recipient of its obligations of confidentiality. Upon the request of the Disclosing Party, the
Recipient will certify that it has complied with the provisions of this paragraph.
NON. CIRCUMVENT:
8. In addition the Parties agree to not circumvent each other and work with business associates, Clients, and other third party
vendors introduced by each party in this case. The parties may introduce each other to companies that are interested in
acquiring companies OR being acquired. It is understood that the introducing party retains ownership of such a referral and
that the other party cannot deal directly with such referred second party without the written consent of the referring party.
This non-circumvent provision shall expire at the end of one (1) year.
9. Notwithstanding paragraph 2 above, if either party becomes compelled by law or regulation to divulge any confidential
Information of the other party, the party receiving the order to divulge will provide the party that disclosed the confidential
Information under this Agreement with immediate written notice so that it may seek an appropriate protective order or
other remedy. In addition, the Recipient agrees to fully cooperate with the Discloser’s efforts to seek a protective order' The
Recipient may disclose the confidential Information as provided in the protective order, or, if no protective order is obtained,
the Recipient may disclose confidential Information only to the extent that it reasonably believes it is compelled to disclose.
Any waiver by the Discloser in relation to this Section 3 shall not be deemed continuing or a waiver of any other term or
condition of this Agreement.
NON-SOLICITATION:
10. For a period of one (1) year after its termination or completion of services hereunder, BOTH PARTIES agree that it will
not solicit for hire, or hire or advice or assist others with the opportunity to do same for any employee of the OTHER PARTY
who was associated or was performing services pursuant to this Agreement.
REMEDY:
11. The Parties hereby acknowledge that unauthorized disclosure or use of Confidential Information
and breach of Clauses 7 and 8 could cause significant and irreparable harm, which may be difficult to ascertain, and that
money damages would be inadequate compensation. Accordingly, the Parties agree that the Disclosing Party shall have the
right to seek and obtain immediate injunctive relief from breaches of this Agreement in addition to any other rights and
remedies it may have from any court of competent jurisdiction.
12. Neither Party may use the name, logo, or trademarks of the other in connection with any advertising or publicity
materials or activities without the prior written consent of the other Party.
13. No waiver of any term of this Agreement will be effective unless and until it is in writing and signed by both parties to this
Agreements Failure by either party at any time to require performance by the other party or to claim a breach of this
Agreement will not be construed as a waiver of any right under this Agreement.
14. This Agreement may not be assigned and shall be governed by and interpreted under the law of
Republic of India.
15. This Agreement constitutes the entire agreement and understanding between the parties with respect to Confidential
Information, Non-Circumvent and Non-Solicit Agreements and it supersedes all other prior written or oral agreements,
representations and understandings regarding the subject matter of this Agreement. This Agreement may be amended only
by a written document executed by both <DPL> and Second party.
16. A finding by any court of competent jurisdiction that any provision of this Agreement or part thereof is unenforceable
shall not affect the enforceability of the remaining provisions of this Agreement.