Tendernotice 1
Tendernotice 1
Tendernotice 1
CORPORATION
NAGAPATTINAM.ELECY.DITSN.CIRCLE
NAGAPATTINAM
E-TENDER ENQ.NO:04/24-25/DT:02.07.2024
Due On:16.07.2024
Name of the Tendered material
OFFICE OF THE
SUPERINTENDING ENGINEER
NAGAPATTINAM.ELECY.DISTN.CIRCLE
No.192/5,SELLUR SALAI
TANGEDCO
NAGAPATTINAM-611 006
TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LIMITED
Tender Specification
1) No. Enq.No.04/24-25/Dt:02.07.2024
Name of the
2) Materials 36 Watts LED Yard Light Fitting with Lamp
36 Watts LED Yard Light Fitting with
3) Quantity Lamp - 700 Nos
e-Tender
System
(Online Part I - Techno-Commercial Bid and Part II -
4) Method of Tender
Price Bid and Through
https://tntenders.gov.in/nicgep/app
NIC Tamil Nadu E- tender portal
Rs. 4,800/- (Rupees Four Thousand and Eight Hundred Only)
(a) Earnest Money
Deposit (EMD)
5)
OR (b) Permanent
EMD PEMD holder of Rs.10 Lakhs and above are eligible to
participate in this tender
6) URL for online bid
submission for e- https://tntenders.gov.in/nicgep/app
tender.
Specification at
7) website
The tender specification will be placed at
https://tntenders.gov.in/nicgep/app. The prospective bidders may download the
same.
Documents to be
uploaded by the
8) Schedules A to I and other documents whichever is applicable )
Tenderers during
e- submission
The Superintending Engineer ,
NAGAPATTINAM.ELECY.DISTN.CIRCLE
Tenderers during NO. 192/5,Sellur Salai
9)
e-submission TANGEDCO,
NAGAPATTINAM – 611 006
E.Mail:: [email protected]
The Superintending Engineer ,
NAGAPATTINAM.ELECY.DISTN.CIRCLE
Place at which
NO. 192/5,Sellur Salai,
10) tenders will be
TANGEDCO,
opened
NAGAPATTINAM – 611 006
E.Mail:: [email protected]
SPECIFICATION CONTENTS
5 SECTION – V COMMERCIAL
6 SECTION – VI TECHNICAL
13 SCHEDULE – G QUESTIONAIRE
Earnest Money Deposit: Rs. 4,800/- (Rupees Four Thousand and Eight Hundred
Only)
2) The Earnest Money Deposit specified above should be in the form of NEFT/RTGS as
mentioned above in 5(a) of Forward for the above amount. Scanned copy of the E-receipt duly
reflecting the UTR Number shall be uploaded. The EMD amount has to be received in
TNEB/TANGEDCO account through e payment, 2 hours before closing time of tender). EMD
amount received beyond tender closing time will be summarily rejected.
Account Details
Name: SE/NEDC/Nagapattinam, Bank: State Bank of India,
A/C No:10977877328,IFSC:SBIN0000879.
3) The Tenderers who are having valid Permanent EMD with TNEB/TANGEDCO for an amount
as mentioned below are exempted from payment of Earnest Money
PEMD holder of Rs.10 Lakhs and above are eligible to participate in this Tender Firms
who have PEMD less than specified above are not eligible to participate on the basis of
the PEMD even for lesser quantity and value.
If the Tenderer desires to become a Permanent E.M.D. holder, he is advised to deposit the
required amount with the TANGEDCO as Permanent E.M.D. well in advance, obtain a
certificate from the Financial Controller/Purchase and upload copy of the same along with
the tender.
4) The EMD will not carry any interest.
5) The Earnest Money Deposit will be refunded to the unsuccessful tenderers on application to
the Superintending Engineer/NEDC/Nagapaattinam after intimation of the rejection/ non-
acceptance of their tender is sent to them.
6) i)Any other mode of payment of EMD other than NEFT/RTGS/Account Transfer shall not be
accepted towards EMD and the tenders shall be rejected if EMD is not paid in the prescribed
manner.
ii)Other Then Specified under (7) one not exempted from payment of EMD
7) (i) The following categories of Industries are exempted from payment of EMD.
a) The Small Scale Industrial Units located.
b) The Small Scale Industrial Units Registered with the National Small Industries Corporation.
c) The SSI Units holding Acknowledgement issued for Entrepreneur Memorandum Part-II
obtained from the District Industries Centre in respect of those items for which the
Registration Certificate/ Acknowledgement has been issued.
d) Departments of the Government of Tamil Nadu.
e) Tiny Industries classified under S.S.I. registered with the State of Tamil Nadu and
registration Certificate issued by the Department of Industries and Commerce/Government
of Tamil Nadu in respect of those items for which the Registration Certificate issued.
e) Undertakings and Corporations owned by the Government of Tamil Nadu.
f) Labour Contract Co-operative Societies.
UAM Submitted by bidders shall also be accepted for permitting EMD exemption in
respect of SSI units while participating in TANGEDCO tenders. within the State and
Registered with the Tamil Nadu Small Industries Development Corporation.
(ii) SSI units having provisional registration certificate are not eligible for exemption.
8) Those tenderers who are exempted from payment of EMD shall upload in lieu of EMD an
undertaking in a non-judicial Stamp paper of value not less than Rs.80/-(Rupees Eighty
only) in the form as per Annexure-I to the effect to pay as penalty an amount equivalent to
EMD in the event of non-fulfillment or non-observance of any of the conditions stipulated in
the contract consequent to such breach of contract. The State Government, Public Sector
Undertakings who are exempted from payment of EMD/Security Deposit should also pay as
penalty an amount equivalent to the amount fixed as Security Deposit in the event of non-
fulfillment or non-observance of any of the conditions stipulated in the contract.
9) Conditions for Liable for rejection of bids:-
a) TENDERS RECEIVED WITHOUT THIS UNDERTAKING specified above under
Sl. No.(8) WILL BE DISQUALIFIED.
b) Tender will be rejected if the undertaking is not signed / authenticated in all
pages of undertaking.
c) Signature of witnesses should be affixed at the end of undertaking along
with details of name and address.
10) Small Scale Industries registered with the Tamil Nadu small Industries Development
Corporation or with National Small Industries Corporation or holding Entrepreneur
Memorandum Part-II or acknowledgement for the Entrepreneur Memorandum Part-II issued
by District Industries centre (DIC), for small scale industrial unit for subject materials
specifying capacity for which they are permitted to manufacture and the period of validity of
the certificate shall upload attested Photo copy of Registration Certificate/ Acknowledgement
as proof of eligibility for exemption from payment of EMD.
11) Others viz. Central and other State Government Departments/ Undertakings and
Corporations other than those in Tamil Nadu shall have to
pay Earnest Money Deposit and Security Deposit.
12) The tenderers shall upload the audited attested copy of Profit and Loss account/Balance
Sheet along with the proof for exemption from payment of EMD in order to ensure the
SSI status of the firm based on the investment held in Plant and Machinery for extending
exemption from paying EMD. In case the investment held by them in Plant and Machinery
as per their financial statement of Accounts exceeds Rs.5 Crores, the General Manager,
District Industries Centre concerned will be requested to verify the SSI status of the firm.
Till receipt of confirmation from General Manager / District Industries Centre concerned,
the exemption from paying EMD for SSI Units shall not be extended.
13) The following should be uploaded by the Vendor during submission of Techno-commercial
bid for payment of EMD failing which the offer will be SUMMARILY REJECTED.
i) The e-receipt of payment of EMD through NEFT/RTGS/Account Transfer.
ii) The proof of Permanent EMD Holder.
iii) The proof of exemption of EMD with an undertaking in lieu of EMD and documents in
support of investment held in plant and machinery.
14) The Earnest Money Deposit/Permanent EMD made by Tenderer will be Forfeited after
e-tender opening if:
(a) He withdraws his tender or backs out after acceptance.
(b) He withdraws his tender before the expiry of validity period stipulated in the
Specification or fails to remit the Security Deposit.
(c) He violates any of the provisions of these regulations contained herein.
(d) He revises any of the terms quoted during the validity period.
(e) In the event of documents furnished with the offer being found to be bogus or the
documents contain false particulars; the EMD paid by the tenderers will be forfeited in
addition to blacklisting them for future tenders/contracts in ANGEDCO.
(f) Tenderer not responded, if supplied sample was not suitable as per specification.
(g) The EMD received from the unsuccessful tenders will be refunded on finalization
of tender and on getting application for refund along with pre- stamped receipt.
SPECIFICATION
SECTION – II
The Bidders shall become eligible to bid on satisfying the following Bid Qualification
Requirements and uploading of the required documentary evidence along with tender.
2) The bidder should have a minimum annual turnover of Rs.5.0 (Five) lakhs in any one
of the last five financial years. The Contractor shall furnish either the annual turnover
certificate certified by chartered accountant or Annual statement of accounts ie,. P&L
Account and balance sheet certified by chartered accountant in support of annual
turnover (or) attested copy of Income Tax filled by the bidders (or) attested copy of
GST clearance certificate (or) attested cop of enlistment certificate issued by NSIC,
containing turnover details of the bidder for the respective periods (or) if it is newly
established contractor, it should have minimum capital investment of Rs.5 Lakhs.
Necessary proof for this condition has to be furnished.
REJECTION OF TENDERS
d) The offer of bidder who have quoted a quantity lesser than the minimum quantity
prescribed in clause 4.1.4 of section IV shall be summarily rejected.
j) Questionnaire as per schedule-F is not duly filled up and properly signed by the
tenderer.
k) Documents furnished by the Tenderers along with their offer being found to be
bogus or contain false particulars.
l) Received after tender opening.
m) The offer of bidders who have not furnished the GSTIN Number in the offers.
INSTRUCTION TO TENDERERS
1.1 The Tamil Nadu Transparency in Tenders Act 1998 and the Tamil Nadu Transparency in
Tender Rules 2000 and subsequent amendments thereof are applicable to this tender.
1.2. THE TENDERERS WHO DO NOT FULLFILL THE "BID QUALIFICATION REQUIREMENT" AS
PER SECTION-II NEED NOT PARTICIPATE IN THE TENDER. OFFERS NOT SATISFYING THIS
"BID QUALIFICATION REQUIREMENTS" WILL NOT BE CONSIDERED AND WILL BE SUMMARILY
REJECTED.
4.2.1. At any time after the commencement of e-Tender and before the closing of the event,
TANGEDCO may make any changes, modifications or amendments to the tender
documents and same will be intimated to the concerned Vendors through corrigendum
which can be downloaded from the Vendor login .
4.2.2. In case any tenderer asks for a clarification to the tender documents before 48 hours of
opening of tenders, the Assistant Executive Engineer/Material Management /TANGEDCO/
Nagapattinam will clarify the same.
4.2.3. If any tenderer raises clarifications after the opening of the tender, the clarified reply
issued by the Superintending Engineer, NEDC, TANGEDCO, Nagapattinam- 611 001 on
the clarifications will be final and binding on the Tender.
4.3. All tender offers shall be prepared by typing or printing in the formats enclosed with
this specification.
4.4. All information in the tender offer shall be in ENGLISH only. It shall not contain
interlineations, erasures or overwriting except as necessary
to correct errors made by the tenderer. Such erasures or other changes in the tender
documents shall be attested by the persons signing the tender offer.
4.5.2. Offers giving lump sum price, without giving their breakup as per details required in the
attached Price Schedule-A shall be liable for rejection.
The prices quoted should be on FOR Destination basis for delivery at Central Store/
Nagapattinam.
5.0. TENDER OPENING:
5.1. OPENING OF COMMERCIAL & TECHNICAL BIDS WITHOUT PRICE (PART-I):
The Tender offers except price Bid will be opened electronically at 14.30Hrs. on the date
notified at the Office of the Superintending Engineer / Nagapattinam Electricity
Distribution Circle/Tamil Nadu Generation and Distribution Corporation Limited,
No.192/5, Sellur Main Road, Nagapattinam -611006/through
https://tntenders.gov.in/nicgep/app auction home/NIC.
5.2. If the last date set for submission of e-tender offers and opening date happens to be a
holiday, the tenders will be received and opened on the succeeding working day without
any changes in the timings indicated.
5.3. The duly authorized representatives of the Tenderers who are present shall sign the
tender opening register.
6.2. The TANGEDCO will examine the tender offers to determine whether they are complete,
whether any computational errors have been made, whether required sureties have
been furnished, whether the documents have been properly signed and whether the
offers are generally in order.
6.3. The Tender offers shall be deemed to be under consideration immediately after they are
opened and until such time official intimation of award / rejection is made by the Tender
Accepting Authority to the tenderers. The Tenderers shall not make attempts to
establish unsolicited and unauthorized contact with the Tender Inviting Authority,
Tender Accepting Authority or Tender Scrutiny Committee after the opening of the
tender and prior to the notification of the award and any attempt by any tenderers to
bring to bear extraneous pressures on the Tender Accepting Authority shall be sufficient
reason to disqualify the tenderer.
6.4. A substantially responsive offer is one which conforms to all the terms and conditions of the
Specification without any deviation.
6.5. Mere submission of any Tender offer connected with these documents and Specification
shall not constitute any agreement. The tenderer shall have no cause of action or claim,
against the TANGEDCO for rejection of his offer, except as mentioned in Clause-10.0 of
Section-IV. The TANGEDCO shall always be at liberty to reject or accept any offer or
offers at its sole discretion and any such action will not be called into question and the
Tenderer shall have no claim in that regard against the TANGEDCO.
7.2. The tender offers received will be examined to determine whether they are in complete
shape, all required Data have been furnished, properly signed and generally in order and
conforms to all the terms and conditions of the Specification without any deviation.
7.3. For the purpose of evaluation of tender offers, the following factors will be taken into
account for arriving the evaluated price:
In case of discrepancy between the price quoted in words and figures lowest of the two
will be considered.
The rate of CGST, SGST, and IGST as applicable both in percentage and amount shall be
indicated in the offer along with HSN code.
The evaluated price shall be arrived in compliance with the provisions of GST on the
Transaction value i.e. (Ex works price + P&F+ Freight and Insurance) + GST. In case of
import of goods would be treated as interstate supplies and would be subject to IGST in
addition to applicable customs duty.
Since GST is enacted wherein all taxes & duties are subsumed, price evaluation shall be
inclusive of applicable GST in all cases, i.e. even if the bidders are only within the State
or bidders are within the State and outside TN.
7.4. Evaluation for the capacity of material /equipment will be done separately.
7.5. The rates quoted by the eligible lowest tenderer in the shall be compared with the
prevailing market rate and the rates of previous period and if the Tender Accepting
Authority is of the view that the quoted rates are too high, the rates will be negotiated
and the rate will be determined. All eligible bidders who accept the rate shall be enlisted.
8.0. VALIDITY:
8.1. The tender offer shall be kept valid for acceptance for a period of 120 days from the
date of opening of offers. The offers with lower validity period are liable for rejection.
8.2. Further, the tenderer shall agree to extend the validity of the Bids without altering the
substance and prices of their Bid for further periods, if any, required by the TANGEDCO.
9.1.2. The Tender Accepting Authority before passing the order accepting a tender, may also
reject all the tenders for the reasons such as changes in the scope of procurement, lack of
anticipated financial resources, court orders, accidents or calamities and other unforeseen
circumstances.
Any Tenderer aggrieved by the order passed by the Tender Accepting Authority under Section-
10 of the Tamil Nadu Transparency in Tenders Act 1998 may appeal to the Government within
10 (Ten) days from the date of receipt of Purchase order.
14.1. “All the intending e-tenderers are informed that in the event of the documents furnished
with the offer being found to be bogus or the documents contain false particulars, the EMD
paid by such tenderers will be forfeited in addition to blacklisting them for future tenders in
“NEDC/TANGEDCO” and also cancelling the award of contract issued to them.”
SECTION - V
SPECIFICATION
COMMERCIAL
1.0 SCOPE :
1.1. The scope of supply of the materials includes manufacture, inspection, testing, packing,
forwarding, insuring and delivery of the materials detailed herein, at OUR Central
Store/NEDC/Nagapattinam.
3.1. If details called by the office, the tenderers shall furnish documentary evidence for the
constitution of the firm such as Memorandum and Articles of Association, Partnership Deed etc.
with details of Name, Address, Telephone, FAX Nos. Email, Electricity Board Service Connection
No., etc. of the manufacturing plants.
If details called by the office, the Tenderer should furnish necessary document
evidencing their legal status of the firm.
4.1. The tenderers shall furnish details of various Purchase Orders placed on them
during the last three years as on date of tender in the annexure.
5.1. It is not binding on the TANGEDCO Ltd to accept the lowest or any tender. The
TANGEDCO Ltd reserves the right to split and place orders for the items with different
tenderers and for revising the quantities at the time of placing the orders. The TANGEDCO
Ltd reserves the right to vary the quantity finally ordered to the extent of 25% either way of
the requirement indicated in the tender documents.
5.2. The award of contract will be issued to the successful tenderer with all TANGEDCO
Ltd's terms and conditions, duly indicating the approved unit rates and the approximate
ordered to them. The approved rates will be FIRM and valid for one year from the date of
receipt of award of contract or till the completion of supply.
5.3 The quantity proposed to be ordered will be indicated in the Purchase Order.
6.0. PRICE:
6.2. The Tenderer‟s shall quote the Ex-works price, Packing & Forwarding charges and
Freight & Insurance charges with applicable rate of GST separately for Delivery to
TANGEDCO Store/Nagapattinam is given in the BOQ.
6.3.1. The Freight and Insurance charges shall be applicable for delivery.
6.3.2. The above breakup details should be clearly indicated in the BOQ, in the absence of
which the offer shall be liable for rejection.
6.4. It is the responsibility of the tenderer to make sure about the correct rates of duty/tax
leviable on the materials at the time of tendering. If the rates assumed by the Tenderers are
less than the current rates prevailing at the time of tendering, the TANGEDCO Ltd will not be
responsible for the mistake.
6.5. All Type Tests and other tests shall be conducted at TENDERER‟S COST.
6.6 The tenderer should quote their rates taking into account the (Input Tax Credit (ITC)
relief available to them on account of GST already paid. A certificate to this effect may be
furnished along with the tender.
The Tenderer shall indicate the Permanent Account No. in Schedule of the specification
and should enclose the details of PAN issued by Government of India, Income Tax
Department and GSTIN number of the firm with proof with the tender.
ii. The GST to be levied by the Centre on intra-State supply of goods and / or services would
be called the Central GST (CGST) and that to be levied by the States/ Union territory would
be called the State GST (SGST)/ UTGST. Similarly, Integrated GST (IGST) will be levied and
administered by Centre on every inter-state supply of goods and services.
iii. Any supplier of goods and service Provider of services who makes a taxable supply with
an aggregate turnover of over Rs.20 lakhs in a financial year is required to obtain GST
registration. In special category states, the aggregate turnover criteria are set at Rs.10
lakhs. In simple words every business whose taxable supply of goods or services under
GST (Goods and Service Tax) and whose turnover exceeds the threshold limit of Rs. 20
lakhs / 10 Lakhs as applicable will be required to register as a normal taxable person.
iv. GST Registration Number: TANGEDCO has migrated into GST regime on 15.06.2017
by duly uploading various mandatory data as required by the GST portal. The
provisional ID issued to TANGEDCO is 33AADCT4784E1ZC. The details are also
posted in TANGEDCO web portal.
v. GST Registration Number or GSTIN is 15 Digit identification number which is allotted to
each applicant who applied for GST Registration. GST Number is completely based on
the Pan Number and State code. First two digits represent the state code and another
10 digit represent the PAN number of the client, one digit represent the entity code
(Like proprietorship or partnership etc), one digit is blank and last one is representing
check digit.
vi. Transaction Value: The value of supply of goods or services or both shall be the
transaction value, which is the price actually paid or payable for the said supply of
goods or services or both where the supplier and the recipient of the supply are not
related and the price is the sole consideration for the supply. Sec 15(1) states that
value of supply of goods and service shall be the transaction value i.e. the price
actually paid or payable.
The conditions for accepting the transaction value are-
a) Supplier and the recipient of the supply are not related.
b) Price is the sole consideration for the supply.
vii. Composition Scheme: Composition scheme specifies that registered person whose
turnover in the preceding financial year is below certain specified limit (Currently RS.75
lakhs) may intimate the proper officer to pay in lieu of tax payable by him an amount
calculated at such rate may be specified.
Eligibility for composition scheme: Sec10(2) of the central Goods and Services Tax Act,
2017 states that the registered person shall be eligible to opt under sub- section (1), if-
He is not engaged in the supply of services other than supplies referred to in
clause (b) of paragraph 6 of Schedule II;
He is not engaged in making any supply of goods which are not leviable to tax
under this Act;
He is not engaged in making any inter-State outward supplies of goods;
He is not engaged in making any supply of goods through an electronic
commerce operator who is required to collect tax at source under section 52;
and
He is not a manufacturer of such goods as may be notified by the Government
on the recommendations of the Council.
viii. Supply of Service and Goods: When there is a combined supply of many goods /
services, it has to be determined whether it is a Composite supply or mixed supply of
goods or services
(a) COMPOSITE SUPPLY: A composite supply is one where all the goods or
services or a combination has to supplied together i.e., naturally bundled and there
would be a Principal Supply that could be identified (Ex. Supply of Machinery with
packaging, insurance and freight – the principal supply is machinery). In this case,
the rate of principal supply will be applied on entire value.
(b) MIXED SUPPLY: A mixed supply is one where the goods or services or a
combination thereof which could be individually supplied (like Pizza and Coke) but
sold together at a single price. In this case, the highest rate to the good in that mix
is applied on all the goods. The GST shall be applicable at appropriate prevailing
rates as notified by GST Act. In the event of delay in execution of contract, the GST
rate prevailing on the scheduled period or on the actual date of execution,
whichever is less only will be admitted.
The bidders should have registered under GST Act and furnish GSTIN. In the event of
contractor is within TN, SGST & CGST shall apply and if the contractor is outside TN,
IGST shall apply.
7.0 Goods and Services Tax:
7.1 The Goods and Services Tax will be paid extra as applicable. The amount of CGST,
SGST, and IGST as applicable shall be indicated in percentage payable and amount
separately in the tender offer.
7.2 The TANGEDCO has been registered as a dealer under GST Act 2017
(Registration No:33AADCT4784E1ZC)
In case of delayed delivery, the GST prevailing on the date of despatch or on the last day of
the contractual delivery period whichever is LESS will be admitted. For both the cases, the
supplier shall furnish documentary evidence while submitting the bills for payment.
It is the responsibility of the tenderer to make sure about the correct rates of duty liveable on the
material at the time of tendering. If the rates assumed by the Tenderer are less than the current
rates prevailing at the time of tendering, the TANGEDCO Ltd will not be responsible for the
mistake. If the rates assumed by the tenderer are higher than the current rates prevailing at
the time of tendering, the GST prevailing at the time of tendering will only be paid.
7.3 Any increase in GST consequent to the suppliers coming into different duty slab during
the execution of the contract shall have to be taken into account and the all inclusive firm
price shall be quoted accordingly by the Tenderers. Any Variation in GST due to statutory
Variation within the contract delivery date shall be considered by the TANGEDCO Ltd.
7.4 In case of delayed delivery, the GST prevailed on the date of actual delivery applicable on
the date of contractual date of delivery whichever is less shall be admitted.
8.0. INSURANCE:
8.1. Contracting firms shall arrange insurance for the equipment/materials and all its
accessories being supplied by them, through any of the Nationalized Insurance Companies.
The equipment/ materials shall be insured to cover transport (from Warehouse) and 60 days
storage risk at site. The damages, if any, during transit will be reported within 30 days of
receipt of materials. It will be the responsibility of the supplier to replace the
defective/damaged materials and make good the shortages and other losses in transit, free
of cost, lodge and recover claim from Insurance, Under writers/Carriers.
9.1. The packing shall conform to relevant packing standards. The contractor should
however, ensure that the packing is such that the materials reach their destination without
damage/loss during transit by Rail or Road and subsequent storage.
9.2. The equipment/materials and all its accessories shall be securely packed and
dispatched, freight paid, duly insured, at supplier‟s risk and cost. The packing may be in
accordance with the manufacturer‟s standard practice. The supplier is responsible for
ascertaining the facilities that exist for Road Transport to site. Each package shall be clearly
marked and contain detailed packing list, such as gross weight, net weight etc. The supplier
is solely responsible for any loss or damage during transport. The materials dispatched with
routine test certificate. The equipment/ Materials shall be unloaded at Destination Stores by
the supplier at free of cost.
10.1. The materials will be dispatched to the destination of store mentioned in the PO.
11.0. PAYMENT:
11.1. Payments will not be made for equipment‟s/materials damaged during transit. All defective
materials shall be replaced by the supplier free of charge.
11.3.(a) For the equipments/materials delivered within the contractual delivery
period:
100% of the all inclusive price (including GST) on receipt of materials in good condition at site
within a reasonable time will be paid against submission of bills with required documents after
deducting recoveries, if any. For the delayed payments, if any, TANGEDCO will not pay
any interest on any account.
11.3.(b) For the equipments/materials delivered beyond the contractual delivery
period:
100% of the all inclusive price (including GST) on receipt of materials in good condition at site
within a reasonable time will be paid against submission of bills with required
documents after deducting Liquidated damages and other recoveries, if any.
11.4 For the delayed payments if any, TANGEDCO will not pay any interest on any account.
11.5 In case of delay in supply, the materials will be accepted subject to the following
conditions.
(a) There should be no declining trend in prices.
(b) Payment will be released as per the recent purchase order rates or lowest rates obtained
during the recent tenders opened subject to levy of liquidated damage for belated supplies.
(c) TANGEDCO reserves the right to accept or reject the delayed supplies without assigning
any reason therefore and take action as per the other terms and conditions of this
specification.
11.6.The bills for payment will be passed only after the approval/acceptance of the following:
(a) Payment of Security Deposit.
(b) Sales Tax Clearance Certificate/ VAT Certificate & PAN details.
(c) Test Certificate.
(d) Undertaking towards Jurisdiction for legal proceedings in non-judicial stamp paper of value
Rs.80/-.
(e) Undertaking in lieu of excess payment.
(f) An Undertaking Produced for statutory levies such as GST etc is accepted
11.7. The supplier should dispatch only after getting dispatch instruction from the purchaser. If
the supplier dispatches the materials without the prior approval of the purchaser, then the
purchaser shall not be responsible for any demurrage or wharf age or both and only the
supplier should bear any expenditure arising out of such unapproved dispatches.
12.0.SECURITY DEPOSIT:
12.1 The successful tenderer will have to pay 5% of the order value as Security Deposit in the
form of DD/Bankers cheque/irrevocable Bank Guarantee. On Production of BG Should be
specified bank details including email ID ,address etc…
12.2 The Security Deposit will be repaid to the supplier only if the contract is completed to the
satisfaction of the purchaser. If the purchaser incurs any loss or damages on account of breach of
any of the clauses or any other amount arising out of the contract becomes payable by the
supplier to the purchaser, then the purchaser will in addition to such other dues that he shall
have under the law, appropriate the whole or part of the security deposit and such amount that is
appropriated will not be refunded to the supplier.
12.3 The successful tenderer will have to furnish the Security Deposit within 15 Days from the
date of receipt of purchase order. The security deposit will not carry any interest. The TANGEDCO
also reserves the right to accept the belated payment of Security Deposit by levying penal interest
at the rate of 22% p.a. from the date of expiry of 15 days time limit till the actual payment of
Security Deposit. The same will be deducted from supplier‟s first bill.
12.4 Failure to comply with the terms regarding security deposit set out in the purchase order
within the stipulated time by the successful tenderer will result in the cancellation of the purchase
order without any further reference to the suppliers.
12.5 If the successful tenderer who is having permanent EMD backs out from payment of
Security Deposit an equivalent amount of EMD shall be forfeited.
13.0. DELIVERY:
The following delivery schedule is required
(i)The entire ordered quantity shall be supplied as per the delivery terms indicated herein
Sl.No Name of the Item Qty Delivery Terms
36 Watts LED
1. Yard Light Fitting 700 Nos 60 days
with Lamp
13.1 TANGEDCO is at liberty to alter the delivery rate to suit its need as and when necessity
arises, during the pendency of the contract.
13.2 The delivery period will not normally be extended. Hence all efforts shall be taken to
deliver the materials within the contractual delivery period.
14.0.LOSS OR DAMAGE:
14.1. External damages or shortages that are prima facie, the results of rough handling in
transit or due to defective packing will be intimated within fortnight from the date of receipt
of the materials at site. Internal defects, damages or shortages of integral parts which cannot
ordinarily be detected on a superficial visual examination by bad handling in transit or
defective packing, would be intimated within 2 months from the date of receipt of materials.
In either case, the defective materials shall be replaced/rectified by the supplier, free of cost
as per clause 20.0.
14.2. If during the period of supply, it is found that goods already supplied are defective in
material or workmanship or do not conform to specification or unsuitable for the purpose for
which they are purchased, then it will be open to the purchaser either to reject the goods or
repudiate the entire contract and claim such loss that the purchaser may suffer on that account
require the supplier to replace the defective goods, free of cost.
14.3. Similarly, if during the guarantee period any of the goods found to be defective in
materials or workmanship or do not conform to specification or are unsuitable for the
purpose for which they are purchased, it will be open to the purchaser either to repudiate the
entire contract and claim damages or accept such parts of the goods that are satisfactory and
require the supplier to replace the balance or to claim compensation for the entire loss
sustained by the purchaser on that account.
14.4. In the event of supplies being received damaged or any shortages at the destination
stations, the cost of such materials, GST (if payable) and other charges payable thereof will be
paid only proportionate to the value of materials received in good condition, unless the damaged
goods or short supplies are made good free of cost by the suppliers.
14.5. For all legal purposes, the materials shall be deemed to pass into the TANGEDCO
Ltd‟s ownership at the destination Stores, where they are delivered and accepted.
15.0. LIQUIDATED DAMAGES:
15.1. The delivery as specified should be guaranteed by the supplier under the liquidated
damages clause given below :
15.1.1. It is the responsibility of the supplier to arrange for inspection dispatch etc. in time to
keep up the delivery schedule.
15.1.2. If the supplier fails to deliver the equipment‟s/ materials within the time specified
in the indent or any extension thereof, the purchaser shall recover from the supplier as
liquidated damages, a sum of HALF PERCENT (0.5%) of the All inclusive price of the
undelivered equipment‟s/ Materials for each completed week of delay. The total liquidated
damages shall not exceed Ten percent (10%) of the All-inclusive price of the equipment‟s /
materials so delayed. Only the date of actual receipt of materials at stores will be reckoned as
date of delivery for this purpose. Liquidated damages will also be recovered for the quantity
not supplied as is done for the belated supply. It is the responsibility of the suppliers to
arrange for inspection, dispatch etc. in time to keep up the delivery schedule.
15.1.3. It should be noted that if a contract is placed on the higher tenderer in preference to
the lowest acceptable tender in consideration of the offer of earlier delivery, the said contractor
will be liable to pay the TANGEDCO Ltd the difference between the contract rate and that of the
lowest acceptable tender in case of failure to complete the supplies in terms of such contract
within the delivery period specified in the tender and incorporated in the contract. This is without
prejudice to other rights under the terms of contract.
15.2. Equipment will be deemed to have been delivered only when all its component parts
and its accessories are also delivered. If certain components and accessories are not
delivered in time the whole equipment will be considered as delayed unless, the missing parts
are delivered.
The Liquidated damages will also be levied for the quantity not supplied as is done for the
delayed supplies. If supplies effected in part could not be beneficially used by the TANGEDCO
Ltd (due to such incomplete supply), liquidated damage will be worked out on the basis of
contract price of such meters which could not be beneficially used and not on the value of
delayed portion only.
15.3. If supplies to be tendered against the rate contract are made by the supplier beyond the
period of delivery stipulated in the indent and if they are accepted by the TANGEDCO Ltd, such
acceptance is without prejudice to the TANGEDCO Ltd's rights to levy liquidated damages for the
delay in supply.
15.4. The suppliers are liable to pay the amount of loss sustained by the TANGEDCO Ltd in
the event of non-execution of orders, if any placed on them either in full or part to the
satisfaction of the TANGEDCO Ltd under the terms and conditions of contract and in the
event of placing orders for such quantities on some others at a higher price.
15.5. Tenderer‟s not giving clear and specific acceptance to the above clauses is liable to be
rejected.
15.6. If there is any downward trend in prices on account of belated supplies, the tenderers
have to accept the same with the levy of liquidated damages, for belated supplies.
15.7. The defaulting suppliers will be made liable to pay to the TANGEDCO Ltd in addition to
liquidated damages for delay, the actual difference in price, wherever TANGEDCO Ltd orders
the delayed quantity to be supplied/executed by other agencies at a higher rate. This is
without prejudice to other rights under the terms of contract.
15.8. The TANGEDCO Ltd will also be at liberty to cancel the order if the supply is not made
as per the delivery schedule specified in the indent, notwithstanding its rights to claim
Liquidated Damages for the belated supplies and quantity outstanding to be supplied as on
the date of cancellation.
16.1 The supplier shall not be liable for delay in performing his obligations resulting directly
or from any force majeure conditions herein defined as:
a) Any cause which is beyond the reasonable control of the supplier or purchaser as
the case may be.
b) Natural phenomena, such as floods, drought, earthquakes and epidemics.
d) Accident and disruptions such as fire, explosion, increase in power cut with respect
to date of tender opening, break down of essential machinery or equipment‟s etc.
NOTE: The cause of force majeure condition will be taken into consideration only if the supplier
within 15 days from the occurrence of such delay notifies.
The purchaser shall verify the facts and grant such extension as the facts justify. For
extension due to force majeure conditions, the supplier shall submit his representation with
documentary evidence for scrutiny by the purchaser and decision of the purchaser shall be
binding on the firm.
16.2. Provided that if the performance in whole or part by the supplier on any obligation
under this contract is prevented or delayed by reasons of any eventuality for a period
exceeding 60 days, the TANGEDCO Ltd may at its option terminate the contract by a notice in
writing.
16.3. The Power cut shall not be considered under force majeure condition. The period of
extension shall be decided only by the authority who placed the order, after verifying the
evidence for the cause of delay.
17.0.GUARANTEE:
17.1 The entire equipment‟s/materials should be guaranteed for satisfactory operation and
good workmanship at least for a period of 24 months from the date of receipt of last
consignment of materials at site in good condition.
17.2. Any defects noticed during this period shall be rectified free of cost to the TANGEDCO
Ltd within 30Days (Thirty Days) from the date of intimation of defect/ failure. Irrespective of
number of failures and repairs, the suppliers are responsible for replacement of defective
materials till the completion of guarantee period.
17.3. A written guarantee guaranteeing the TANGEDCO Ltd against defects in the materials
supplied, either in materials or workmanship should be furnished preferably along with the
initial bill for 95% / 90% payment. The guarantee shall be operative for a period of 2 years
from the date of receipt of materials at site in good condition.
17.4. Any defects or failure occurring within the guarantee period shall be replaced free of
cost within 30 Days (Thirty Days) on receipt of intimation from the purchaser on such defects
of failures. If they are not replaced within this period the contractor shall pay the liquidated
damages as per the liquidated damages clause in the contract for the delay from the date of
receipt of intimation for the defects or failures. A guarantee certificate in the above form shall
be submitted along with the 95% bills themselves. Any expenditure incurred in the
transportation of materials for rectification or replacement will be to the suppliers account.
17.5. The tenderer‟s who quotes from outside Tamil Nadu may indicate whether any service
centers are available inside Tamil Nadu, so as to rectify/ repair the materials that are
defective/failed within guarantee period without delay.
17.6. The incidental expenses, transport and freight charges for the replacement of
defective materials within the guarantee period may also be borne by the supplier.
17.7. The tenderers shall guarantee among other things, the following:
i) Quality and Strength of materials used.
ii) Safe electrical and mechanical stresses on all parts of the equipment‟s/ materials
under all specified conditions.
iii) Performance figures given by the tenderers in the Schedule of Guaranteed technical
particulars.
18.0. REPLACEMENT OF DEFECTIVE / DAMAGED MATERIALS:
18.1. Notwithstanding anything contained in the above liquidated damages clause when the
whole or part of the materials supplied by the supplier are found to be defective/damaged or are
not in conformity with the specification or sample, such defects or damages in the materials
supplied shall be rectified within two months from the date of intimation of defect/damage either
at the point of destination or at the supplier‟s works, at the cost of supplier, against proper
security and acknowledgment. In the alternative, the defective or damaged materials shall be
replaced free of cost within two months from the date of receipt of the intimation from the
purchaser of such defects or damages. If the defects or damages are not rectified or replaced
within this period, the supplier shall pay a sum towards liquidated damages at the rate of (0.5%)
half percent value (all inclusive price of such material for each completed week of delay subject
to maximum of (10%) Ten percent for the delay from the date of receipt of intimation of the
defects or damages.
18.2. In the event of supplies being received damaged or short at the destination stores, the
cost of such materials will be paid only proportionate, to the value of the materials received
in good condition unless the damaged goods or short supplies are made good free of cost to
the TANGEDCO Ltd by the supplier.
18.3. If during the period of supply, it is found that goods already supplied are defective in
materials or workmanship or do not conform to the Specification or are unsuitable for the
purpose for which they are purchased then it will be open to the purchaser either to reject
the goods or repudiate the entire contract and claim such loss that the purchaser may suffer
on the account or require the contractor to replace the defective goods free of cost.
18.4. Similarly, if during the guarantee period stipulated under Guarantee clause
subsequent to the date of receipt of the goods, any of the goods be found defective in
materials or workmanship, or do not conform to the rate contract or are unsuitable will be
open to the purchaser either to repudiate the entire contract and claim damages or accept
such part of the goods that are satisfactory and required the contractor to replace the
balance or pay compensation to the extent of the loss sustained by the purchase on that
account.
18.5. Notwithstanding any other remedies available, the purchaser shall be entertained to
dispose off the defective / damaged materials in “as is where is condition” without further
notice, if the contractor / supplier fails to rectify the defect and / or replace the damaged
materials and / or fails to remove defective/ damaged materials within two months period as
per PO terms, from the date of receipt of intimation from the purchaser, TANGEDCO Ltd
reserves right to dispose of such materials. This is without prejudice to the imposition of
Liquidated Damages, Ground rent, forfeiture of security deposit etc.,
24.1. The TANGEDCO Ltd will not accept any arbitration in case of disputes arising in any
respect under this PO. Any dispute arising out of this PO shall not be subject to arbitration
under the provisions of Arbitration and Conciliation Act 1996 in the event of any dispute between
the parties.
25.0.TEST AT SITE:
25.1. The purchaser reserves the rights of having such tests or may decide up on being
carried out at site at his own expenses to satisfy himself that the materials have not suffered
any damage during transit.
25.2 If necessary, random samples of materials supplied will be tested (both, Routine & Type
Tests and any other special test) departmentally or through approved Govt. Laboratory or at
purchasers cost and for any non-conformity to relevant IS and TANGEDCO Ltd‟s specification,
full supplies will be rejected. If initial payment had already been made, the balance payment
will be forfeited and any other losses or damages including testing charges will also be
claimed. Future supplies in such cases will be accepted and paid for only after the results of
the samples tested are satisfactory. In addition, the guarantee period will also be extended
for subsequent supplies at the discretion of the purchaser.
26.0. RESPONSIBILITY:
26.1. The Tenderer is responsible for delivery of the materials at the destination station in
good condition. The tenderer shall include and provide for securely protecting and packing
the materials as per relevant packing standards to avoid damages or loss in transit. All risks
connected with the supply of these materials should be borne by the supplier.
27.1. The supplier is responsible to make sure about the facilities that exist for Road and
Rail transport to site, the maximum packages which can be conveyed by the railways and
crane lift available at the destination railway station. The supplier is also responsible for any
loss or damage during transport and storage for 60 days.
27.2. Each case or package should be clearly marked and should contain detailed packing
list.
28.0 INSPECTION:
28.1. The authorized representatives of the purchaser shall have access to the supplier‟s or sub-
vendor‟s works at any time during working hours, for the purpose of inspecting the manufacture
of the materials and for testing the selected samples from the materials covered by this
specification. The supplier or the sub-vendor shall provide facilities for the above.
28.2. Tenderers are requested to furnish in their tenders the exact location of their factory
with detailed address to enable inspection by TANGEDCO Ltd if considered necessary.
28.3 Factory inspection will be done by the TANGEDCO Ltd‟s officers to assess the
genuineness in manufacturing the tendered materials and to assess whether the firm have
infrastructural facilities to manufacture the same.
29.0. COMPLETENESS OF TENDER:
29.1 The tender should be complete with all details of illustrative and descriptive literature
and drawings. The tenderers shall furnish the complete technical details of the
equipment/materials. Information regarding the country of manufacture or origin of materials
used in the manufacture of the articles should be furnished. The tenderer should include all
minor accessories even though not specifically mentioned in this specification but which are
essential for the completeness of the materials ordered. The tenderer shall not be eligible for
extra charges in respect of such minor accessories though not included in the tender.
30.0. INTERCHANGEABILITY:
30.1. All similar parts and removable parts of similar items shall be interchangeable with
each other
31.0.QUANTITIES:
31.1. The quantities mentioned in the Schedule of this specification are only tentative. The
purchaser reserves the right to revise the quantities at the time of placing the orders, to the
extend of 25% either way of the requirement indicated in the tender document as per the
Tamil Nadu Transparency in Tenders Act 1998 and the Tamil Nadu Transparency in tender
rules 2000 and subsequent amendments thereof as applicable to this Tender.
32.0.ELECTRICITY RULES:
32.1. All works shall be carried out in accordance with the latest provisions of the Indian
Electricity Act/Electricity Supply Act and the Indian Electricity Rules there-under unless
modified by this specification.
33.0.MATERIALS AND WORKMANSHIP:
33.1. All materials, equipment‟s and spare parts thereof shall be new, unused and
originally coming from manufacturers‟ plant to the destination stores. Those including used,
rebuilt or overhauled materials/equipment‟s will not be accepted.
33.2. All the materials shall be of best class and capable of satisfactory operation in the
tropics with humid atmospheric condition. Unless otherwise specified, they shall conform to
the requirements of appropriate India Standards. Where these are not available, IEC and
American / British Standards shall be followed.
33.3. The design shall incorporate every reasonable precautions and provisions for the
safety of all those concerned in the operation and maintenance of equipment/ materials.
33.5. The materials should be designed to facilitate inspection and repair and to ensure
satisfactory operation under atmospheric conditions prevailing at site and under sudden
variations of and voltages as may be met with under working conditions in the system
including those due to faulty synchronizing and short circuits within the rating of the
apparatus.The design shall incorporate every reasonable precautions and provisions for the
safety of all those concerned in the operation and maintenance of equipment.
33.6. All the equipment‟s should operate without undue vibration and with the least
practicable amount of noise.
34.0.RECOVERY OF DUES:
34.1. The TANGEDCO Ltd is empowered:
a) To recover any dues against this contract in any bills/ Security Deposit/ Earnest Money
Deposit / Permanent E.M.D. due to the suppliers either in this LPO or any other LPO with
TANGEDCO Ltd.
b) To recover any dues against any other LPO‟s of the suppliers with TANGEDCO Ltd,
with the available amount due to the supplier against this LPO.
35.0. PAST PERFORMANCE:
35.1. The intending tenderers shall furnish the details of various supply orders/work
contracts executed by them for the past five years as on the date of Tendering in the
proforma enclosed in the Tender Specification as per Schedule along with end user Certificate
for satisfactory performance of the materials supplied.
35.2. The details furnished by the tenderers shall be in complete shape and if it is found
that any information is found omitted, suppressed, incomplete or incorrect, the same will be
taken note of while dealing with the Tenders in future. Tenders furnished by the tenderers
without these accompanying details of their past performance are liable for rejection.
.
SECTION – VI
SPECIFICATION
Price Bid (BOQ): The Price bid excel sheet attached may be duly filled up and uploaded.
Don‟t be alter/modify in the Excel Sheet. Falling which the tender will not be accepted.
COMPANY :
DATE :
SPECIFICATION
SCHEDULE – B
2. Size
3. Weight
6. Remarks
COMPANY :
DATE :
SPECIFICATION
SCHEDULE – C
Sl. Name & Name P.O. Quan Value Scheduled Actual Whether Whether
no.
Address of the No. tity of order date of date of PO Copy End User
of the mater & in Rs. completion completio is Certificate
Organiza ial Date Lakhs of order n of order Enclosed Copy is
tion incl. FOR (Yes/ No) Enclosed
other (D) (Yes/ No)
SEBs Price **
1 2 3 4 5 6 7 8 9 10
** Split up details such as Ex-works Price, F&I and GST FOR (D) per each may be
enclosed separately.
SCHEDULE – D
All technical deviations from the specification shall be filled in by the Tenderer, Clause by clause,
in the Schedule.
The Tenderer hereby certifies that the above mentioned are the only deviations from the
TECHNICAL Specification and the tender confirms to the specification in all other respects.
COMPANY :
DATE :
SCHEDULE - E
DEVIATION FROM COMMERCIAL TERMS
All deviations from the commercial terms shall be filled in by the Tenderer, Clause by clause, in the
Schedule.
The Tenderer hereby certifies that the above mentioned are the only deviations from the
Commercial terms of the Specification.
COMPANY :
DATE :
SPECIFICATION
SCHEDULE - F
UNDERTAKING TOWARDS JURISDICTION OF LEGAL PROCEEDINGS
WITNESS :
1.
2.
SCHEDULE – G
QUESTIONNAIRE
Whether agreeing to the stipulated
01. Yes/No
Delivery Terms of the Board.
Whether agreeing to the stipulated Yes/No
02.
payment Terms of the Board.
Whether agreeing to the stipulated
03. Yes/No
Security Deposit Clause of the Board.
Whether agreeing to the Stipulated
04. Yes/No
Guarantee Period.
Whether agreeing to the Stipulated
05. Yes/No
Validity Period.
Whether agreeing to the Stipulated
06. Yes/No
Liquidated Damages.
Whether the firm is a sick unit as
07. Yes/No
indicated in the specification.
Rs.
Mode : NEFT/RTGS details enclosed
a
along with tender offer YES / NO
WHEREAS the contract is for the supply / erection / construction etc. ………………… in
terms of the …………………… Tender Specification No.……….. date …………
AND WHEREAS in accordance with Clause ……………… of the above said tender
specification the tenderer has to furnish E.M.D. of Rs.
…………….. (Rupees ………….. …………………………………………………………. only).
AND WHEREAS the tenderer has requested the Board to accept an undertaking in lieu of
payment in cash of the Earnest Money Deposit.
AND WHEREAS the Board has accepted the request of the tenderer subject to his
executing an undertaking to pay to the Board not exceeding Rs. ……………… (Rupees
………………………………………………………………………. only) representing the Earnest Money Deposit
together with costs in cash, in the event of non fulfillment of the conditions stipulated in the
Tender specification or the conditions stipulated in the contract by the tenderer.
IN CONSIDERATION of the Board having agreed to accept an undertaking from the
tenderer in lieu of payment of Earnest Money Deposit in cash, the tenderer undertake to pay the sum
of Rs. …………………. (Rupees
…………………………………... only) immediately when a demand is raised by the Board against the
tenderer without any demur in the event of the following :
i) If he withdraws his tender or backs out after acceptance of the tender or fails to remit the
Security Deposit.
ii) If he revises any of the terms quoted during the validity period.
iii) If he violates any of the conditions of the Tender Specification No……… Dated ……………….
NOW THE CONDITION OF THE ABOVE WRITTEN UNDERTAKING in such that if the
tenderer shall duly and faithfully observe and perform the terms and conditions specified as
above, then the above written undertaking shall be void, otherwise the same shall remain in full
force.
The tenderer undertakes not to revoke this guarantee till the contract is completed
under the terms of contract.
The expression, „tenderer‟ and the „Board‟ herein before used shall include their
respective successors and assigns in office.
SIGNATURE
1. Signature
Name and Address NAME IN BLOCK LETTERS
Date:
To,
______________________
______________________
______________________
______________________
______________________
1. I/ We have downloaded / obtained the tender document(s) for the above mentioned
‘Tender/Work’ from the web site(s) namely:
_______________________________________________________________________
_______________________________________________________________________
__________________________
2. I / We hereby certify that I / we have read the entire terms and conditions of the
tender documents from Page No. _______ to ______ (including all documents like
annexure(s), schedule(s), etc .,), which form part of the contract agreement and I / we
shall abide hereby by the terms / conditions / clauses contained therein.
3. The corrigendum(s) issued from time to time by your department/ organization too
have also been taken into consideration, while submitting this acceptance letter.
4. I / We hereby unconditionally accept the tender conditions of above mentioned tender
document(s) / corrigendum(s) in its totality / entirety.
5. I / We do hereby declare that our Firm has not been blacklisted/ debarred by any Govt.
Department/Public sector undertaking.
6. I / We certify that all information furnished by the our Firm is true & correct and in the
event that the information is found to be incorrect/untrue or found violated, then your
department/ organization shall without giving any notice or reason therefore or
summarily reject the bid or terminate the contract , without prejudice to any other rights
or remedy including the forfeiture of the full said earnest money deposit absolutely.
Yours Faithfully,
(Signature of the Bidder, with Official Seal)
ANNEXURE-I
UNDERTAKING TOWARDS JURISDICTION OF LEGAL PROCEEDINGS
(To be furnished in non - judicial stamp paper of value not less than Rs. 80/-
(RupeesEightyonly)
This undertaking executed at Nagapattinam on this ...................(Date)....................(Month)
two thousand and Fourteen by
M/s......................................................................................Registered under Companies Act,
1956 having its registered office at .................................hereinafter called the contractor
(which expression shall where the context so admits mean and include its successors in office
and assigns) and Superintending Engineer, NEDC, TANGEDCO, Nagapattinam in favour
of Tamil Nadu Generation and Distribution Corporation a body constituted under the
Electricity (Supply) Act. 1948, (CA LIV of 1948) having its registered Office at No.800, Anna
Salai, NPKRR Maaligai, Chennai - 600 002 herein after called the purchaser (which
expression shall where the context so admits means and includes its successors in Office and
assigns)
WHEREAS the contract is for the supply of ..................... has been awarded in favour of the
contractor under the Purchase Order No....................... dated........................
AND WHEREAS in accordance with the terms of the above mentioned Purchase Order, the
contractor has to furnish an undertaking that no suit or any proceedings in regard to any
matter arising in any respect under this contract shall be instituted in any court other than in
the High Court, Chennai or District Court at Nagapattinam or Sub-Court at Nagapattinam or
at the District Munsif Court at Nagapattinam, as the case may be.
IN CONSIDERATION of the Board having agreed to accept the undertaking the Contractor
hereby undertakes that No suit or any proceedings in regard to any matter arising in respect
of this contract shall be instituted in the High Court, Chennai or District Court at
Nagapattinam or Sub-Court at Nagapattinam or at the District Munsif Court at
Nagapattinam as the case may be. It is agreed that No other court shall have jurisdiction to
entertain any suit or proceedings, even though, part of the cause of action might arise within
their jurisdiction of any other courts in Tamilnadu and rest within the jurisdiction of courts
outside the state Tamilnadu. In case any part of the cause of action might arise within the
jurisdiction of any of the Courts in Tamil Nadu and rest within the jurisdiction of Courts outside
the State Tamil Nadu, then it is agreed to between the parties that such suits on proceedings
shall be instituted in a Court within the State of Tamil Nadu and no other Court outside the
State of Tamil Nadu shall have jurisdiction.
IN WITNESS WHEREOF of Thiru………………………………… of
M/s…………………………………..………hereby put his hand and seal for due observance of
the Undertaking in the presence of the following witnesses.
COMPANYSEAL SIGNATURE:
DESIGNATION:
DATE:
WITNESS:
1. Signature Not Verified
Digitally signed by THANGARAJ
2. GOPALAKRISHNAN
Date: 2024.07.02 13:36:10 IST
Location: Tamil Nadu-TN