HARYANA VIDYUT PRASARAN NIG AM LIMITED

Regd. Office : Shakti Bhawan, Sector-6, Panchkula

Corporate Identity Number: U40101HR1997SGC033683
Office of Chief Engineer/P&M (2nd Floor)
Website: www.hvpn.org.ini E-mail: [email protected]
H V P NTel* N' : 0172-2584388FAX No": 0172-2584388
SAVE ENERGY FOR THE BENEFIT OF SELF AND NATION

PO No. HDP- p^\ /QDP-1395/XEN/Eq. (P)Dated: t>^^05.2023

To
M/s Kalinga Cables & Conduit Company (MSE Haryana)
Village-Jatjoshi, Sonepat-Bahalgarh Road,
Distt, Sonepat, Haryana-131021
Email: [email protected]

Subject:-Rate contract of 1 year for procurement of various sizes of un-armoured copper

control cables through single part e-tender enquiry no. QDP-1395 (NIT No. 1278
dated 13.12.2022).

Dear Sir,
Refer to your offer no. KCCC/HVPNL/2023/001 dated 11.01.2023, up to date
correspondence exchanged in response to our subject cited e-tender enquiry no. QDP-
1395 and this office memo no. Ch-457/QDP-1395/Xen/Eq. (P) dated 31.03.2023, vide
which you were requested to attend the meeting of ULHPPC. Your offer in the meeting
held on 03.04.2023 has already been accepted for the rate contract of 1 year for
procurement of various sizes of un-armoured copper control cables vide LOA no. Ch-
591/QDP-1395/XEN/Eq(P) dated 20.04.2023 as per Terms and Conditions of subject
cited NIT. The details of prices, quantity and other important Terms & Conditions are as
under-

1.DELIVERY:- The supply shall be completed as under:-

I •Up to 25000 Mtr. for each item, the firm will manufacture and supply the material
complete in all respect, in single lot, within 2 months after the receipt of purchase
order.
•Above 25000 Mtr. for each item, the firm will manufacture and supply the material
complete in all respect, in two lots i.e. 1st lot of 50% qty. of each item shall be
supplied within two months from the receipt of PO and 2nd lot i.e. remaining 50%
qty. of each item shall be supplied after one month but within three months from
the receipt of PO.
Note:
a)The date of receipt of material as per receipted Challan in HVPN stores for
complete equipment will be considered as date of receipt for all contractual

purposes.
b)Advance intimation should be given by the supplier to each consignee before
dispatch of material failing which demurrage/wharfage charges will be to the
account of the supplier. Copies of such intimation shall be sent to Purchaser also.

2.DISPATCH OF MATERIAL AND DISPATCH INSTRUCTIONS: -

The Supplier shall be responsible to obtain complete dispatch instructions from the
Purchaser before the dispatch of each consignment.
The Supplier shall sufficiently pack at his own cost the material for transit by rail/road so
as to ensure this being free from loss or damage on arrival without opening the
packages while in transit at their destination. All containers in which the material is
supplied shall be non-returnable.
As per clause no 1.06 (Packing) of technical specification, the cable shall be
supplied in reels so constructed as to avoid any damage to the cable. Further, the
reels should be able to withstand rough handling during transportation and storage.

1
 Any loss on account of improper design of reel shall be borne by the supplier. The
bidder shall clearly state the standard/lengths alongwith tolerance if any in their
quotations. The cable wound on one drum shall be of continuous length and
minimum length of control cable per drum shall not be less than 500 meters + 5%.
However, the variation in total ordered quantity shall be limited to + 2%.

3. DESCRIPTION OF MATERIAL, QUANTITY AND PRICE: -

The details of Material ordered, Quantity and Price are as under: -

M/s Kalinga Cables & Conduit Company, Sonepat

Sr. Part Description of Qty. Unit Ex- F&l GST@ FOR Destination Total FOR
No. code Item (in Mtr.) works Charges 18% VARIABLE Price Destination
price per Mtr. (in Rs.) per Mtr. VARIABLE Price
(in Rs.) (in Rs.) inclusive of Ex- inclusive of Ex-
works, F&l works, F&l
Charges & GST Charges & GST
@18% @18%
(In Rs.) (InRs.)
Un-armoured Copper Control Cable

6300 *
(min. qty. of 35%
EC310704 7C x 4 sq mm of the tendered 175.97 2.00 32.03 210.00 13,23,000.00
Qty. of the rate
contract)
20767
(min. qty. of 35%
ii. EC311002 10CX2.5Sq mm of the tendered 154.98 1.80 28.22 185.00 38,41,895.00
Qty. of the rate
contract)
11900
(min. qty. of 35%
iii. EC311602 16CX2.5Sqmm of the tendered 242.91 2.85 44.24 290.00 34,51,000.00
Qty. of the rate
contract)
Total (in Rs.) 86,15,895.00
(Rs.) Eighty-Six Lac Fifteen Thousand Eight Hundred Ninety-Five only

The above material would conform to Nigam's Technical Specifications no. HCSD/S-
71/HCSD-18 (29th Nov, 2021) for un-armoured copper control cable already supplied with

I the bidding document and approved GTPs.

4.PRICE: Prices quoted shall be on VARIABLE BASIS with base date as 02.01.2023. The
price variation shall be allowed as per latest IEEMA Formula/circulars. The Base date for the
purpose of price Variation shall be one month prior to due date of Bid submission. The price
variation will be applicable upto the period as mentioned in IEEMA formula for particular
items which is linked with date of offer of material for inspection. The price variation shall be
applicable only within the contractual delivery period of the Purchase Order. In case of
delayed supply, the price variation will be limited to the following (lower of the two): -
a.Price variation calculated as per IEEMA upto contractual delivery date.
b.Price variation calculated as per IEEMA upto actual date of offer of material for
inspection.

5.GST: The FOR-destination prices of above ordered material are inclusive of GST (Goods &
Service Tax) @18% which shall be paid on the Ex-works prices & F&l Charges mentioned
above. The amount of GST shall be payable against documentary evidence.

6.FREIGHT & INSURANCE CHARGES: The freight & insurance charges shall be paid
against production of documentary proof.

7.OCTROI:- No Octroi is payable in the State of Haryana.

8.STATUTORY VARIATION:- Statutory Variations as per actual shall be payable within the
contractual delivery period of the purchase order against production of documentary
evidence and Govt. Notification. Any new taxes/ levies/ duties/ entry tax etc. as imposed by
Govt. of India/ State Govt. shall be payable on material supplied in addition to or in lieu of
existing tax structure against production of documentary evidence and Govt. Notification.
However, in case of supply of material beyond contractual delivery period (delayed supply),
the taxes/duties/levies shall be paid at the rate applicable on the scheduled date of delivery
or the rate applicable on the actual date of delivery, whichever is lower on the production of
documentary evidence/Government notification.
 9.TERMS OF PAYMENT: - Subject to any deductions which the Purchaser may be authorized
to make under this Contract, the payment for the material shall be made as under: -
"One Hundred percent payment shall be made on 45th day from the date of receipt of
material at store/ site which ever applicable as per dispatch instruction, subject to the
production of documents as prescribed in clause-16 'Documentation' of Schedule-D and his
furnishing Bank Guarantee (from a nationalized or Scheduled commercial Bank
approved by Govt. of Haryana for conducting Govt. business i.e. ICICI Bank, Axis
Bank,, HDFC Bank, Induslnd Bank, Yes Bank, Kotak Mahindra Bank) of the value of
10% (1% for MSE Haryana) of the contract price, which should remain valid for warranty
period." In case the supplier fails to submit Bank Guarantee, 10% (1% for MSE Haryana) of
the contract price shall be deducted from the bill."

Further if the Supplier makes a request in writing for payment earlier than the due date, the
Purchaser shall consider the same and deduct a rebate of 0.35% per week or part thereof if
payment is made earlier than the due date.

The Purchaser or his authorized agent shall make all the payments to the Supplier in
Rupees in India.
For the purpose of completion of formalities, the following documents are required to be
submitted to the CAO, HVPNL, Panchkula: -
i. Invoice/Bills in quadruplicate alongwith the information/documents as per clause-
16 Documentation of schedule- 'D1.
ii. Goods and Services Tax Certificate as per clause-15 of schedule- 'D'.
iii. Receipted Challan issued by the consignees.
iv. Copy of inspection report alongwith dispatch authorization.
v. Packing List.
vi. Bank Guarantee as per payment clause of the P.O.

10.DAMAGES FOR DELAY IN DELIVERY: -The entire supply shall be completed by the
Supplier as per these terms and conditions within the period specified in Purchase order, if
the Supplier fails to deliver the material within period fixed for delivery in the said Purchase
order, the Purchaser shall have the right to refuse to accept any supplies received by him
(Purchaser) after date on which such supplies were due. No extension of date on which the
deliveries are due will ordinarily be claimed by the Supplier. Where the Purchaser agrees to
accept delayed supplies/supply, the Supplier shall be liable to pay one half of one percent
(0.5%) of the delayed portion of the material, per week of the period of delay or a part
thereof subject to a maximum 10% of the cost i.e. Ex-works price, F&l, GST of delayed/
undelivered materials as damages. The claim under this clause is without prejudice to other
claims/rights of the Nigam in this contract, the above said amount shall be recoverable as a
pre-determined loss caused to the Nigam on account of delayed supplies as a sum
presently due and payable without any reference to the court of Arbitrator for adjudication.

V 11.WARRANTY:- You shall be responsible to replace free of cost, with no transportation,

insurance, dismantlement and erection cost to the Purchaser, up to destination, the whole
or any part of the material which in normal and proper use proves defective in quality or
workmanship, subject to the condition that the defect is noticed within 12 rponths from the
date of commissioning or 18 months from the date of receipt of material by consignee
whichever period may expire earlier. The consignee or any other Officer of the Nigam
actually using the material will give prompt notice of each such defect to the Supplier. The
Supplier shall affect the replacement within a reasonable time, but not, in any case,
exceeding 90 days. The Supplier shall, also, arrange to remove the defective supply within
a reasonable period, but not exceeding 90 days from the date of issue of the notice in
respect thereof, falling which, the Purchaser reserves the right to dispose of defective
material in any manner considered fit by him (Purchaser), at the sole risk and the cost of
the Supplier. Any sale proceeds of the defective material after meeting the expenses
incurred on its custody, disposal handling etc. shall, however, be credited to the Supplier's
account and set off against outstanding dues of the Purchaser against the Supplier. These
provisions shall, also equally apply to the replaced material. In case, the material is again
 found to be defective within the period of 12 months of its replacement, it shall, also, have
to be replaced similarly.

In case, the damaged/defective material/equipment or part thereof warrant return to the

Supplier's works for necessary rectification, the Supplier may be required to furnish a bank
guarantee from any scheduled bank equivalent to the value of such material plus taxes as
claimed by the Supplier and the amount already paid for. The period for return of rectified
material/equipment shall be as per provisions in schedule-D and Bank Guarantee to remain
valid for a minimum period of 90 days beyond the scheduled date of return. Any time taken
beyond the scheduled return period shall be treated as delay in delivery in terms of clause-
9 and amount shall be recoverable from outstanding dues/BG.

Non- replacement of material within 90 days as incorporated above shall also be

considered as default of Supplier and for delay beyond 90 days, the Supplier shall be liable
to pay to Purchaser sum equivalent to one half of one percent per week subject to a
maximum of 5% of the value of material as liquidated damages. These damages shall be
over and above damages for delay in delivery incorporated under clause-9 (iv) of Schedule
'D'.

These provisions shall, also equally apply to the replaced material. In case, the material is
again found to be defective within the period of 12 months of its replacement, it shall, also,
have to be replaced similarly.

12.FORCE MAJEURE: - As per Clause - 10 of Schedule - D.

13.REPLACEMENT & REJECTION: -As perClause-20 of Schedule-D.

14.RISK PURCHASE: - As per Clause -21 of Schedule - D.

15.SET OFF: - As per Clause - 22 of Schedule - D.

16.SUPPLIER'S DEFAULT LIABILITY: - As per clause - 23 of Schedule - D.

17.ARBITRATION: - As per Clause - 24 of Schedule - D.

18.TYPE TESTS: - The equipment offered should be fully type tested. The type test reports
should not be more than seven years old, reckoned from the date of bid submission and
the type test should have been carried out in accordance with the relevant provision of IS &
its subsequent amendments if any, as per the Technical Specification no. HCSD/S-
71/HCSD-18 (29th Nov, 2021) for un-armoured copper control cable.

The purchaser reserves the right to demand repetition of some or all the type tests in the

I
presence of purchaser's representative.

As per your undertaking dated 13.02.2023 you have to submit the copies of valid
type test reports, from NABL approved test house, well in advance of the offer of
inspection and the offered material will be in accordance with Technical
Specification of HVPNU IS /equivalent IEC, as per terms and conditions of the NIT/
Tender Document.

19.TEST & INSPECTION: -The supply shall be inspected and tested by the Purchaser or his
authorized agent before dispatch unless dispensed with in writing by the Purchaser. The
Supplier shall give to the Purchaser at least 15 days advance notice for such inspection
and test. The clause will be applicable as per clause-14 of Schedule-'D'.

20.TECHNICAL SPECIFICATION: -You have signed & submitted Nigam's Technical

Specification no. HCSD/S-71/HCSD-18 (29th Nov, 2021) for un-armoured copper control
cable.

21.REPEAT ORDER: -As per Clause No. 15 of Schedule-B of bidding document i.e. "General
Instructions to Tenderers", "The repeat order of 25% of the quantities on the same rates of
the purchase order can be issued. The delivery period for a repeat order shall be
completed within the delivery period of 1st lot from the date of issue of the repeat order."

22.OTHER TERMS AND CONDITIONS: -You have submitted Schedule-D duly signed. As
such all other terms & conditions not covered above shall be applicable as per standard
clauses of Nigam's Schedule - D.
23. SECURITY DEPOSIT: - As per Haryana State Public Procurement Policy issued by
Department of Industries & Commerce, Govt. of Haryana vide UO No. 2/2/2016-41-BII
dated 13.08.2021 & amended thereof and further clause no. 12 (iii) Schedule -'B' of the
tender document, the firm being MSE, Haryana is required to deposit the Performance
Bank Guarantee @1% of the order value. You will submit Performance Bank Guarantee as
security deposit of the value of 1 % of the contract price, which should remain valid for the
entire duration of the purchase order /contract including the period for which warranty
remains applicable i.e. as per clause-12 of this P.O. In case, the supplier fails to submit
Performance Bank Guarantee, 1% of the contract price shall be deducted from the bill. No
claim of you shall be liable against HVPNL either in respect of the interest or any
depreciation in the value of security deposit.

If you fail or neglect to observe or perform any of your obligations under this contract, it will
be lawful for HVPNL to forfeit either in whole or in part, in its absolute discretion, the
security deposit furnished by you. The forfeiture of security deposit shall be without
prejudice to the right of HVPNL to recover any further amount of any liquidated and/ or
other damages, undue payment or over payment made to the supplier under this contract
or any other contract.

You have confirmed that being MSE Haryana, your firm i.e. M/s Kalinga Cables & Conduit
Company, Sonepat is exempted to submit the EMD as per the terms & conditions of the
tender document. Your firm is required to deposit the Performance Bank Guarantee @1%
of the order value.

Yours faithfully,

Superintending Enfcjifieer/Purchase
for CE/P&M, HVPNL, Panchkula
Endst. No. Ch- & o 3 /QDP-1395XEN/Eq. (P)Dated: o\05.2023

Copy of the above is forwarded to the following for information and necessary action please:-

1.CE/PD & C, HVPNL, Shakti Bhawan, Sector-6, Panchkula.

2.CE/TS, HVPNL, Panchkula.
3.CE/TS, HVPNL, Hisar.
4.CE/TS, NCR, Gurugram.
5.Superintending Engineer/ IT, HVPNL, Panchkula for information & further necessary action
regarding removal of the tender enquiry and uploading of PO in the HVPNL website
please.
6.Superintending Engineer/Contracts, HVPNL, Panchkula.
7.Superintending Engineer/Workshop, HVPNL, Panchkula.
8.Superintending Engineer/Design, HVPNL, Panchkula.
9.Superintending Engineer/TS Circle, HVPNL, Hisar/ Karnal/ Gurgaon/ Panchkula/
Faridabad & Rohtak.
10.CAO, HVPNL, Panchkula.
11.FA/Contracts, HVPNL, Panchkula.
12.Sr. P.S. to Chairman, HPUs for kind information of Chairman please.
13.Sr. P.S to MD, HVPNL, Panchkula for kind information of MD, HVPNL please.
14.Sr. P.S to Director/Projects, HVPNL, Panchkula for kind information of Director please.
15.Sr. P.S to Director/Technical, HVPNL, Panchkula for kind information of Director please.
16.Sr. P.S to Director/Finance, HVPNL, Panchkula for kind information of Director please.
17.Sr. AO/C&P, HVPNL, Panchkula.
18.Supdt./P&M, HVPNL, Panchkula.
19.AEE/Dedicated Store, HVPNL, Ballabhgarh/ Panipat/ Khera & Hisar.

This issue with the approval of Utility Level High Powered Purchase Committee (ULHPPC) in its
meeting held on 03.04.2023 and proceedings placed at Ch-542 to Ch-550 of QDP-1395 after
Pre-audit by office of FA/Contracts, HVPNL, Panchkula placed at Ch-S<?2_to Ch- 59 V •

gineer/ Eq. (P)

for CE/P&M, HVPNL, Panchkula