ATC_116debf6-b0be-47d5-83781719221921969_pcdbtpp
ATC_116debf6-b0be-47d5-83781719221921969_pcdbtpp
ATC_116debf6-b0be-47d5-83781719221921969_pcdbtpp
: STPL/08/05/02/PPR-59: Dated:
TENDER DOCUMENT
PPR-59/2024
1.0 INTRODUCTION
SJVN Thermal (P) Ltd., invites bids from Indian Oil CPSU Company
[Central Public Sector Company(s)] under two-part bid system on Govt. e-
Market (GeM) Portal for the Procurement of Light Diesel Oil and related
services for SJVN Thermal (P) Ltd., Buxar Thermal Power Project
(2X660MW), Mohanpurwa, Akhouripur-Gola, Chausa, Buxar. 802114
(Bihar) with following details:
2.2 All the bidders are requested to get themselves registered well in advance and
no extra time will be considered for the delay in on-line Vendor Registration, if
any. In case bidders wait till the last moment for registration/uploading of
Bids, and if any technical problem is encountered at that time and the closing
time may elapse, SJVN Thermal (P) Ltd. shall not be responsible in any
manner for such delay/ or any other reason thereof.
As such the Bidders are advised to visit the above websites regularly before
deadline for submission of Bid.
Any Corrigendum /Addendum thus issued shall form part of tender document
and shall be communicated in writing as well to the Bidders, who has
intimated to the undersigned that the document has been downloaded by
them.
Bidder needs to submit the bid through GeM portal only. The bid/bids (except
the documents specified in clause 4.2 below) sent through post/ courier or by
hand will not be considered/accepted.
I. Power of Attorney
Duly notarized copy of Power of Attorney in original of the signatory of the
Bid to commit the Bidder in accordance with Sub-clause-16.2 of ITB.
The above document must reach on or before closing date & time for
submission of Bid mentioned here-in-above otherwise, the bid on E-mode will
not be considered.
If bidder will upload any price bid part in technical bid, then, its bid will
be outrightly rejected.
Remarks:
(i) In case of any discrepancy between total landed price given under Bill
of Quantity (BOQ/Price Schedule) and price quoted/filled online on
GeM Portal, then the price quoted/filled online on GeM Portal shall be
considered as correct price and price breakup provided in BOQ/Price
Schedule (Annexure-I) except discount, shall be adjusted/corrected
accordingly on pro rata basis and shall be binding to the bidder.
Further, on the correction of said discrepancy the new adjusted rate &
amount of transportation and insurance charges shall remain FIRM
throughout the contract. However, the % change in the basic rate (due
to correction of said discrepancy) shall be applied for all the supplies
under the contract.
(ii) Bidder must submit undertaking Annexure-X along with their techno-
commercial bid part, regarding the submission/uploading of
BOQ/Price Schedule Annexure-I & supporting document of Basic rate
on the date of NIT/Bid Publish on GeM Portal with Financial Bid.
In case where the bidder quotes a wrong GST rate, for releasing
the final order, the following methodology will be followed:
a. In case the actual GST rate applicable is lower than the quoted
GST rate, the actual GST rate will be added to the quoted unit
rates. The final cash outflow will be reduced to extent of the
revised GST.
b. In case the actual GST rate applicable is more than the quoted
GST rate, the unit rate quoted will be reduced proportionately,
keeping the final cash outflow the same as the overall quoted
amount.
c. Based on the Total Cash Outflow calculated as above, STPL
shall place orders.
Local Content:- ‘Local Content’ means the amount of value added in India
which shall, unless otherwise prescribed by the Nodal Ministry, be the total
value of the item procured excluding net domestic indirect taxes) minus the
value of imported content in the item (including all custom duties) as a
proportion of the total value, in percent.
(i) In line with the DPIIT PPP-MII order dated 16.09.2020 and MOPN orders
dated 25-06-2019, the bidder shall submit the Self Certification in original as
per Annexure-V, certifying that the item offered meets the Local Content
requirement, on a letterhead of firm.
9.0 ENQUIRY/CLARIFICATION
For any enquiry/clarification for registration etc. bidders may contact at the
following address:
Designation: Head (Contracts)
Office Address: SJVN Thermal (P) Ltd., Buxar Thermal Power Project,
Main Office Building, Mohanpurwa, Akhouripur-Gola, Chausa, Buxar-
802114 (Bihar)
Phone No. 06183-295285
Email: [email protected]
Head (Contracts)
BTPP, SJVN Thermal (P) Ltd.
INSTRUCTIONS TO BIDDERS (ITB)
INSTRUCTIONS TO BIDDERS (ITB)
The bids are invited through GeM Portal, so please read the instructions
carefully and upload /filled the bids as per requirement of bid documents.
A. GENERAL
1.0 INTRODUCTION
SJVN Limited, a Mini Ratna, Category-I and Schedule – ‘A’ CPSE under
administrative control of Ministry of Power, Govt. of India, was incorporated
on May 24, 1988, as a joint venture of the Government of India (GOI) and
the Government of Himachal Pradesh (GOHP). SJVN is now a listed
Company having shareholders pattern of 55.00% with Govt. of India,
26.85% with Govt. of Himachal Pradesh and rest of 18.15% with Public. The
present paid up capital and authorized capital of SJVN is Rs. 3,929.80
Crore and Rs. 7,000 Crore respectively. The Net Worth as on 31.03.2023 is
Rs.13821.97 Crore.
Beginning with a single project and single State operation (i.e. India’s largest
1500 MW Nathpa Jhakri Hydro Power Station in Himachal Pradesh), the
Company has commissioned thirteen projects totaling 2377 MW of installed
capacity and 123 km Transmission Line. SJVN is presently implementing or
operating power projects in Himachal Pradesh, Uttarakhand, Bihar,
Maharashtra, Uttar Pradesh, Punjab, Gujarat, Arunachal Pradesh,
Rajasthan, Assam, Odisha, Mizoram and Madhya Pradesh in India besides
neighboring country of Nepal.
SJVN signed MoU with Bihar State Power Holding Company Limited and
Bihar Power Infrastructure Company on 17.01.2013 for setting up Buxar
Thermal Power Plant (2 x 660 MW) at village Chausa, Distt. Buxar, Bihar.
SJVN took over Buxar Bijli Company Private Limited on 04.07.2013 and
changed its name to SJVN Thermal Private Limited (a Wholly Owned
Subsidiary of SJVN Ltd.) on 17.10.2013.
2.0 PLANT INFORMATION
For further information, bidders are also advised to visit the project site
and collect data regarding local site conditions.
The quantity will be distributed/splitted in the ratio of 70% and 30% between
L-1 bidder (70%) and another bidder (30%) ready to accept and match total
landed price of L-1 bidder as well as terms & conditions.
The preference to match the L-1 price and Terms & conditions for awarding
30% quantity shall be given to L-2 bidder first, if L-2 bidder does not accept
the same then L3, L4…. etc in that order shall be given the opportunity to
match L-1 price and terms & conditions. If all other bidder(s) does not agree
to match L-1 price and terms & conditions for 30% of the quantity, then the
entire 100% quantity shall be placed on L-1 bidder.
5.3 The Scope includes supply of Light Diesel Oil (LDO) as per enclosed Technical
Data Sheet from Specified Location of Oil Sector CPSUs to unloading site,
STPL, BTPP, Chausa, Buxar through Tanker/Lorries by Road on Staggered
Manner as and when required within specified contract period.
5.4 Unloading facility shall be available for the oil tanker trucks in STPL,
Buxar Thermal Power Project Chausa Buxar.
5.8 The Bidders are advised to inspect and examine the site and its surroundings
for ascertaining the Road mode of transport and satisfy themselves before
submitting their bids about the form and nature of the site, the means of
access to the site and in general shall themselves obtain all necessary
information as to risks, contingencies and other circumstances, which may
affect the execution of Contract. A bidder shall be deemed to have full
knowledge of the site whether he inspects it or not and no extra cost
consequent on any misunderstanding or otherwise shall be allowed.
5.11 Obligation of the supplies: The supplier shall supply the goods, perform the
services and carry out their obligations with all due diligence, efficiency and
economy in accordance with generally accepted professional techniques and
practices, and shall observe sound management practices, and employ
appropriate advance technology and safe methods. The supplier shall always
act, in respect of any matter relating to this contract or to the services, as
faithful advisers to the employer and shall at all times support and safeguard
the employer’s legitimate interest in any dealings with sub bidder or third
parties.
6.0 QUALITY ASSURANCE PLAN
6.1 The QAP shall be as per Technical Data Sheet enclosed and as per relevant
latest Indian/International Standard. Quality & Quantity certificate issued by
Oil-PSUs may be accepted at site SJVN Thermal Private Limited Power Project
along with the delivery of the LDO, However, in case of adulteration/
Contamination, STPL, BTPP will return the tank lorry containing LDO to the
Supplier at risk & cost of supplier. The supplier shall supply the LDO as per
TS immediately in lieu of returned LDO oil at site.
6.2 INSPECTION & TESTING: Inspection of LDO shall be carried out by the
consignee/EIC or their authorized representative at SJVN Thermal Private
Limited, 1320MW Buxar Thermal Power Project, Mohanpurwa, Akhoripur
Gola, Post Chausa, District -Buxar-802114 (Bihar). Agency/Supplier shall
submit the test (analysis) certificate of LDO as per technical specification/
data sheet at the time of delivery of LDO at SJVN Thermal Private Limited
Power Project. The sample of LDO from each chamber/compartment in the
tank/ lorry will be tested jointly by SJVN Thermal Private Limited and truck
driver, at SJVN Thermal Private Limited’s Station/ Project lab for product
qualities like water mixing, density etc. if required as per discretion of EIC
before allowing for unloading/ decanting of LDO from tank/ lorry at SJVN
Thermal Private Limited’s Power Station/ Project. In case parameter of LDO is
found inferior than the technical specification as per IS 15770:2008, it shall
be intimated to Supplier. SJVN Thermal Private Limited may return/reject the
tanker for replacement at the cost of Supplier. Supplier shall also give the
training to SJVN Thermal Private Limited’s persons involved in LDO
unloading, handling and chemical testing as and when required without any
additional cost to SJVN Thermal Private Limited .
6.4 Representative sampling from the tanker will be done at STPL, BTPP,
Chausa Power Project. Samples will be tested at STPL, BTPP, Chausa
Power Project chemistry Lab to correlate the test results furnished by
the agency. The acceptable density deviation with respect to invoice density
will be ±3Kg/m³ at 15°C.
6.5 Any dispute related to test results may be raised strictly within 5 days of
sharing of the results by STPL, BTPP. The dispute is to be registered/
raised through email/ letter to STPL, BTPP.
6.6 SINGLE POINT OF CONTACT: For STPL, Buxar Thermal Power Project,
successful bidder shall appoint an executive who will act as the nodal
point between STPL and Contractor/Supplier. All issues shall be taken up
with single point of contact for STPL.
6.7 STATUTORY OBLIGATIONS: STPL, Buxar Thermal Power Project will ensure
that all statutory requirements under the Indian Explosive Act, Safety
requirements and adequate fire protections for the fuel oil tank and
associated installation(s) is/are maintained.
6.8 LICENSES & APPROVALS: STPL, Buxar Thermal Power Project shall obtain
in their own name, the storage license from the explosive department for
the storage of petroleum products/LDO at the said premises and also
other statutory licenses and permissions, if any for storage, required
under any Central/State Govt. or local enactment that will be in force.
STPL, BTPP shall produce proof of their having the storage license and
permission that are essential for the storage of petroleum products/LDO
from time to time as may be required by the vendor in this regard.
7.1 This Invitation for Bid is open to all Indian Oil CPSU (Central Public Sector
Undertaking) Company (s) only.
7.2 Bidders should not be under a declaration of ineligibility for corrupt and
fraudulent practices by the Central Government, the State Government or any
public undertaking, autonomous body, authority by whatever name called
under the Central or the State Government.
B. BIDDING DOCUMENTS
8.0 Content of Bidding Documents
8.1 The set of bidding documents comprises the documents listed below and
addendum issued in accordance with Clause 10 of ITB.
Press notice and Notice Inviting e-Tender (NIT)
Annexures
8.2 The bidder is expected to examine carefully all instructions, Forms, Bill of
Quantities, General conditions of contract, specifications in the Tender
Document. Failure to comply with the requirements of Tender Documents shall
be at the bidder’s own risk. Bids, which are not substantially responsive to the
requirements of the Tender Documents, shall be rejected.
As such the Bidders are advised to visit the above websites regularly before
deadline for opening of Bid.
C. PREPARATION OF BIDS
12.2 The Bidder shall treat the Bidding Documents and contents thereof as
confidential.
16.2 The Bid should be signed/uploaded by legally authorized signatory only under
his own DSC.
16.3 Bid shall be signed by a duly authorized person holding the power of attorney
or any other legally valid document for signing the tender, in which case a
Notarized copy of the power of attorney or any such legally valid document
shall accompany the tender.
16.4 The legally authorized signatory having notarized Power of Attorney shall carry
out bidding process through portal under his own Digital Signature Certificate
(DSC)
16.5 Full name(s), occupation(s) and address(es) of witnesses shall be stated below
their signatures.
i. Basic Rate (in Rs. / KL) [Primary Location basis]: – [In support of
quoted Basic Rate, bidders shall submit their base price list of LDO
applicable as on date of publication of NIT/GeM bid.
a. LDO Basic Rate applicable for Primary location on the date of dispatch
minus ‘Discount on Basic Rate as quoted in the bid.
OR
b. LDO Basic Rate applicable for Alternate source location on the date of
dispatch minus ‘Discount on Basic Rate as quoted in the bid’.
Remarks-
a. Documentary evidence for basic rate as prevailing for supply from Primary
location and alternate source location is to be submitted along with each
supply.
► Bidder has to quote total landed price inclusive of all taxes and duties for the
entire quantity under this tender only on GeM Portal.
► Bidders shall give the required details and breakup of their prices as per
BOQ/Price Schedule specified. Bidder must be careful in filling Basic Rate
of the tendered item in BOQ/Price Schedule. The Basic rate required to be
filled shall be Basic rate prevailing on primary source of location on NIT
publish date on GeM portal.
► Insurance charges & Discount shall remain firm & fixed throughout
the Contract period and shall not be subject to any escalation for any
reason, whatsoever.
► Bidder shall quote for complete tender quantity of Light Diesel Oil (LDO).
In case, bidder offer part quantity of LDO, their offer shall be rejected and
shall not be considered for evaluation.
Note: Any increase/decrease in taxes & duties/ introduction of new taxes &
duties/ levy by the Govt. shall be paid by STPL, provided that such
increase/decrease in taxes is made within contract period as per LOA,
otherwise same shall be paid by the bidders.
D. SUBMISSION OF BIDS
Note: The bidders are advised to take due care while quoting/filling their total
landed price inclusive of all taxes and duties online on GeM Portal. The total
price to be quoted/filled on GeM Portal shall mandatorily be inclusive of all
taxes, duties, levies, Cess etc. including GST, as per the prevailing guidelines
of GeM Portal. Taxes & Duties inclusive as per GeM’s GTC.
The total Landed Price (including GST) quoted/filled on the GeM portal shall
be considered for evaluation. The bidder has to submit the details of price
break up of the total landed price quoted on the GeM portal. if any
discrepancy is found in Price breakup (i.e. BOQ/Price Schedule Annexure-I)
and price quoted/filled online on GeM Portal, price filled online on GeM Portal
shall be considered as correct price and quoted price breakup (i.e. BOQ/Price
Schedule Annexure-I) except discount shall be adjusted/corrected accordingly
on pro rata basis and shall be binding to the bidder. Further, on the correction
of said discrepancy the new adjusted rate & amount of transportation and
insurance shall remain FIRM throughout the contract. However, the % change
in the basic rate (due to correction of said discrepancy) shall be applied for all
the supplies under the contract. The example of above corrections
/adjustment of above stated discrepancy is tabulated as case one & two as
under: -
Example for Adjustment of Breakup of BOQ/Price Schedule to regulate the award and
payment in case of discrepancy between BOQ rate and online quoted total landed price
on GeM portal
Assumption :
1) The bidder has quoted correct GST @18% as per applicable Law.
2) The discrepancy is only in BOQ item rate in totality vs Total Landed Price.
21.2 The Employer may, in the exceptional circumstances and at its discretion,
extend the deadline for submission of bids by issuing an
amendment/addendum in accordance with Clause 10 of ITB, in which case all
rights and obligations of the Employer and the bidders previously subject to
the original deadline will then be subject to the new deadline.
23.0 DEVIATIONS
NIL. The bidder will submit “NO Deviation Certificate” along with their
bid. No Deviation Certificate Format Annexure-IV is enclosed.
24.1 STPL, BTPP reserves the right to reject any or all bids or cancel / withdraw the
Invitation for Bids/NIT without assigning any reason whatsoever and in such
case no bidder / intending bidder shall have any claim arising out of such
action.
24.2 Issuance of bid documents to any Bidder shall not construe that such bidder
is considered to be qualified. Bids shall be submitted online and opened at the
address mentioned above in the presence of Bidder’s representatives who
choose to attend the bid opening.
No bid may be withdrawn in the interval between the bid submission deadline
and the expiration of the bid validity period specified in Bid documents,
withdraws its offer within the validity period of the offer, then such bidder
shall be treated as ineligible for participation in the future tenders issued
from STPL for a period of 6 months from the date of withdrawal of the bid.
The Owner will open all bids electronically in the presence of bidder's
representatives who choose to attend the opening at the time, on the date and
at the place specified in the NIT / NIQ. Bidder's representatives shall sign a
register as proof of their attendance. In the event of the specified date for the
opening of bids being declared a holiday for the Owner or network problem,
the bids will be opened at the appointed time on the next working day.
► The total landed Price (including all taxes duties and GST)
quoted/filled on the GeM portal shall be considered for evaluation.
The bidder quoting lowest total landed price shall be considered L-
1 bidder. The Total Landed prices quoted shall include all charges
[Basic rate, Discount, transportation & Insurance charges & GST]
for delivery of material at the STPL, Buxar Thermal Power Project
Chausa Buxar.
Assumption :
1) The bidder has quoted correct GST @18% as per applicable Law.
2) The discrepancy is only in BOQ item rate in totality vs Total Landed Price.
► Discount on Basic rate shall remain FIRM during the entire contract
period.
► Insurance charges shall remain firm & fixed throughout the Contract
period and shall not be subject to any escalation for any reason,
whatsoever.
The preference to match the L-1 price and Terms & conditions for
awarding 30% quantity shall be given to L-2 bidder first, if L-2 bidder does
not accept the same then L3, L4…. etc in that order shall be given the
opportunity to match L-1 price and terms & conditions. If all other
bidder(s) does not agree to match L-1 price and terms & conditions for
30% of the quantity, then the entire 100% quantity shall be placed on L-1
bidder.
► During bid contract period, the Basic rate shall be variable and shall be
linked with Price of LDO applicable at the Primary location of
successful bidder, as applicable on date of dispatch. Any adjustments
with regard short/excess payments on account of variation in supply
quantities and price revisions during a particular consignment should
get payable/recoverable within 07 days from the notification to
seller/the purchaser.
Note:
► Bidders are required to quote the Basic rate, discount (if any),
transportation charges & Insurance charges inclusive of GST in Price Bid
On GeM Portal, if left blank/zero it shall be considered inclusive in the
quoted rate.
► GST, as quoted by the bidder, shall be deemed as final and binding for
the purpose of bid evaluation. In case a bidder enters “Zero” GST or
an erroneous GST, the bid evaluation for finalizing the L-1 bidder will
be done considering the quoted GST rate. No request for change in
GST will be entertained after submission of bids.
In case where the bidder quotes a wrong GST rate, for releasing
the final order, the following methodology will be followed:
a. In case the actual GST rate applicable is lower than the quoted GST
rate, the actual GST rate will be added to the to the quoted unit
rates. The final cash outflow will be reduced to extent of the
revised GST.
b. In case the actual GST rate applicable is more than the quoted GST
rate, the unit rate quoted will be reduced proportionately, keeping
the final cash outflow the same as the overall quoted amount.
c. Based on the Total Cash Outflow calculated as above, STPL shall
place orders.
F. DELETED
G. DELETED
► The Contract Agreement (s) will be signed in on non –judicial Stamp Paper
(01Nos) of ₹1000/- each along with Six (06Nos) copies of judicial paper of ₹ 1/-
each within 30(thirty) days of issue of Notification of awards/letter of Awards
and the contractor shall be provided with one photo copy of signed “Original
Agreement” and Original copy will be retained by the owner. The non-judicial
stamp papers & judicial papers are to be purchased from Bihar only.
A. The Owner requires that Bidders under this contract observe the highest
standard of ethics during the procurement and execution of the Contract.
For this purpose, the applicant shall sign the Integrity Pact as per
clause no. 32.0 of ITB. In pursuance of this policy, the Owner:
(a) defines, for the purposes of this provision, the terms set forth below as
follows:
(b) will reject a proposal for award if it determines that the Bidder
recommended for award has engaged in corrupt or fraudulent practices
in competing for the contract in question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of
time, to be awarded a contract if it at any time determines that the firm
has engaged in corrupt or fraudulent practices in competing for, or in
executing, a contract of the Owner.
Promise on the part of bidders not to offer any benefit to the employees of the
Principal not available legally.
Bidders not to enter into any undisclosed agreement or understanding with
other bidders with respect to prices, specifications, certifications, subsidiary
contracts, etc.
Bidders to disclose any transgressions with any other company that may
impinge on the anti-corruption principle
The Integrity Pact shall be applicable for transaction having threshold value of
Rs. 10 lacs for procurement of Goods, Rs. 50 lacs for procurement of Service
and 200 lacs for procurement of Works. Further, the Independent External
Monitors (IEMs) would be monitoring the bidding process and execution of
contract and shall be responsible for to oversee the implementation of
Integrity Pact Program to prevent corruption, bribery or any other unethical
practices in SJVN Ltd.
In order to deal with any grievance/dispute(s) and to oversee implementation
and effectiveness of the Integrity Pact program pertaining to this tender,
Bidders/Contractors may refer the same to Independent External Monitors
(IEMs). Name and Address of the Independent External Monitor (IEMs) is as
under:
All pages of the Integrity pact to be signed between SJVN Ltd. and the bidders
/ contractors on plain papers at the time of submission of bid as per the
approved format. Signed copy of the Integrity Pact is to be included in the bid
document while issuing Tender Document / uploading the tender documents
on the Portals. The bidders submitting tender document (including
downloaded) shall sign the Integrity Pact in original on the signed / scanned
Integrity Pact. The duly signed Integrity Pact shall be uploaded & submitted
by the bidder along with the bid.
Further following may also be noted: -
IP is deemed as part of the contract so that the parties concerned are bound
by its provisions.
a person signing IP shall not approach the courts while representing the
matters to IEMs and he / she will await their decision in the matter.
In case of sub-contracting, the principal contractor shall take the
responsibility of the adoption of IP by the sub-contractor.
Failure to sign the integrity pact by applicant shall be liable to outright
rejection of application / bid.
The successful bidder (Contractor) shall submit duly executed Integrity Pact
on Non-judicial Stamp Paper of Rs 100/- within 30 days from the date of
issuance of LOA and before signing of agreement.
2.0 INTERPRETATIONS
2.1. Words importing the singular only shall also include the plural; he includes she
and vice versa unless this is repugnant to the context. Unless specifically
defined, words shall have normal meaning under the language of Contract.
2.2. Heading and marginal notes in these General Conditions shall not be deemed to
form part thereof or be taken into consideration in the interpretation or
construction thereof of the Contract.
2.3. Any error in description, quantity or price in Bill of Quantities or any omission
there from shall not vitiate the Contract or release the Contractor from
execution of the whole or any part of the Supplies comprised therein according
Specifications or from any of his obligations under the Contract.
2.4. The documents forming the Contract are to be taken as mutually explanatory of
one another. The sequence of the priority of the documents for the purposes of
interpretation shall be as under:
a) Contract Agreement
b) Letter of Acceptance
c) Amendment/Corrigendum/Addendum, if any
d) Notice Inviting E-Tender
e) Instructions to Bidders
f) General Conditions of the Contract
g) Bill of Quantities/Price Schedule
h) Technical Specifications
i) Contractor’s bid
j) Any other document forming part of the Contract.
7.0 PACKING:
7.1 The bidder shall provide such packing to the goods as is required to prevent
damage or quantity/quality deterioration during transit to their final
destination.
8.0 TRANSPORTATION
8.1 LDO shall be delivered by road tankers under double lock system. The
supplier shall be responsible for transportation and safe delivery of LDO till
the designation at site, Consignee/Coal & Fuel Management, SJVN Thermal
Private Limited, 1320MW Buxar Thermal Power Project, Mohanpurwa,
Akhoripur Gola, Post-Chausa, District-Buxar-802114 (Bihar).
8.2 INSURANCE
The insurance of goods under the contract shall be under the scope of the
successful bidder (s). STPL shall not make any payment whatsoever separately
for insurance charges under any circumstances. The successful bidder (s)
shall be responsible for making good for any loss/ damages/ deficiencies for
supplies upto receipt of material at site
In case of any loss/ damages/ deficiencies, the bidder shall arrange free
replacement, freight paid (on DDP basis) for the same.
9.0 WARRANTY:
Not applicable
10.2 In the event of force majeure, the affected party shall provide notice promptly
and in no case later than four (4) days after the occurrence of event for force
majeure, notify the other party with respect to the ongoing force majeure
event, giving full particulars of the force majeure, the estimated duration
thereof, the obligations affected and the reasons of its suspension and the
affected parties ability to recommence performance of its obligations under the
contract as soon as possible. If such event continues beyond one (1) month
from the date of commencement thereof as mentioned in the notice to be given
herein above, both the parties to this contract hereby agree to discuss and
decide the course of action to be adopted in this regard.
11.1 A.100% payment along with taxes & duties, levies, cess, GST etc. shall be
released by Electronic Fund Transfer in advance against Performa Invoice
along with confirmation letter issued by bidder duly verified by EIC against
the requisitioned/intimated quantity by STPL, BTPP for the supply of
quantity. The payment of supplies of LDO in case of correction of discrepancy
(if any) shall be regulated as stated in ITB clause No. 20.1(Under Financial
bid).
a. LDO Basic Rate applicable for Primary location on the date of dispatch
minus ‘Discount on Basic Rate’ as quoted in Bid.
OR
b. LDO Basic Rate applicable for Alternate source location on the date of
dispatch minus ‘Discount on Basic Rate’ as quoted in Bid.
Remarks:
a. Documentary evidence for basic rate as prevailing for supply from
Primary location and alternate source is to be submitted along with
each supply.
b. Documentary evidence for the actual transportation charges is to be
submitted for each supply primary location & alternate source
location.
c. The discount (if any) and insurance charges shall remain fixed.
d. The total transportation charges payable under the contract shall be
restricted to the quoted transportation amount as per BOQ.
11.3 Purchase Order No. & density should be mentioned in the invoices as a
reference.
11.4 All supplies will be dispatched on the basis of sale to STPL, Buxar Thermal
Power Project, Chausa as the consignee. Any adjustments with regard
short/excess payments on account of variation in supply quantities and
price revisions during a particular consignment should get
payable/recoverable within 07 days from the date of notification to the
seller/ the purchaser.
11.5 In the event of any price revision (increase/decrease) due to directive of Oil
Industry’s Committee or any pricing policy as formulated by Oil Industry’s
Committee within the contract period, the same shall be applicable from
the date of revision. Documentary evidences in this regard is to be
submitted by vender through its official price list/communication in
writing.
11.6 In order to comply with necessary formalities under GST while making
payments, computation tax, invoicing, filling of returns etc. under Notification
No 10/2017, Chapter VI,46 tax invoice’ invoice for goods and services to
contain following particulars namely:-
a) Name, Address & GSTIN of the Supplier
b) Specific Invoice Number format
c) Name and address of recipient
d) Address of Delivery
e) HSN code of goods and SAC for Services
f) Description and quantity of goods/services
g) Value of goods
h) Rate and amount of tax
i) Other prescribed information Name, Address & Contact Details (Tel. no. etc.)
of the Service Provider.
11.7 TDS/TCS: TDS/TCS under Income Tax & GST laws shall be deducted from
payments wherever applicable.
11.8 In case where the bidder quotes a wrong GST rate, for releasing the final order,
the following methodology will be followed:
a. In case the actual GST rate applicable is lower than the quoted GST rate,
the actual GST rate will be added to the to the quoted unit rates. The final
cash outflow will be reduced to extent of the revised GST.
b. In case the actual GST rate applicable is more than the quoted GST rate,
the unit rate quoted will be reduced proportionately, keeping the final cash
outflow the same as the overall quoted amount.
c. Based on the Total Cash Outflow calculated as above, STPL shall place
orders.
The same procedure shall be followed during the currency of the contract as
well, whenever the basic price is changed.
12.1 CONTRACT PERIOD: The Contract period shall be for a period of 24 months
from the effective date of contract i.e. date of issue of Purchase Order/GeM
Contract.
12.3 Thus, the entire quantity against the advance payment made shall be
delivered to site i.e. STPL, BTPP within 10 days from the date of advance
payment.
a) In case the successful bidder (s) fails to dispatch the complete supplies
against advance payment, within stipulated time as mentioned in 12.2.1
above, the LD shall be applicable @ 1/2% (half percent) of the ordered value
(excluding GST) of the delayed quantity per week or part thereof, subject to
maximum of 5% of the ordered value (excluding GST) of the delayed
quantity.
b) In case the successful bidder (s) fails to complete the delivery at Unloading
Site, BTPP against advance payment, within stipulated time as mentioned
in clause 12.2.2,12.3 above, the LD shall be applicable @ 1/2% (half
percent) of the ordered value (excluding GST) of the delayed quantity per
week or part thereof subject to maximum of 5% of the ordered value
(excluding GST) of the delayed quantity.
Remarks:
i. Ordered Quantity: means Quantity Ordered during the contract period
intimated by Buyer/STPL & confirmed by the seller/supplier on each occasion
against which advance payment has been made by STPL.
ii. Order Value: mean Value of each Consignment Quantity as at (i) above
multiplied by landed price per KL.
14.0 SUSPENSION/CANCELLATION
14.1 Notwithstanding anything contained in any other clause, STPL reserves the
right to terminate the contract due to any failure on the part of the Contractor
in discharging his obligations under the contract or in the event of his
becoming insolvent or going into liquidation. The decision of the STPL about
the failure on the part of the Contractor shall be final and binding on the
Contractor.
14.2 If there is any stoppage of service in any area referred under scope of the
contract due to any reason, the Contractor is liable for penal action as desired
by STPL.
14.3 In the event of any failure on the part of the Contractor, STPL shall have the
right without any prejudice to get the supply done through any other alternate
agency at the risk and cost of the Contractor. The additional cost, loss, if any
incurred by STPL will be recovered from the Contractor.
14.4 The Contract may be terminated at a notice of 30 days by the Engineer-in-
Charge without assigning any reason and no compensation would be payable
on this account.
14.5 Further, STPL reserves the right to defer/suspend/cancel the complete order
or part thereof without assigning any reason. Such decision by STPL shall not
be subject to question by any successful bidder and STPL shall bear no
liability in any manner whatsoever consequent upon such a decision.
14.6 STPL shall not be liable to pay to the supplier
14.7 any compensation whatsoever arising from suspension of supply order.
15.0 DELETED
16.0 DELETED
17.1 Any dispute(s) or difference(s) arising out of or in connection with the Contract
shall, to the extent possible in the first instance be resolved amicably between
the Contractor/supplier and the Owner’s Engineer.
17.2 If any dispute or difference of any kind whatsoever shall arise between the
Owner and the Contractor/supplier, arising out of the Contract for the
performance of the Works/contract whether during the progress of the
Works/contract or after its completion or whether before or after the
termination, abandonment or breach of the Contract, it shall, in the first
place, be referred to and settled by the Engineer, who within a period of ten
(10 ) days after being requested by either party to do so, shall give written
notice of his decision to the Owner and the Contractor/supplier.
17.4 If after the Engineer has given written notice of his decision to the parties, no
claim to arbitration has been communicated to him by either party within ten
(10) days from the receipt of such notice, the said decision shall become final
and binding on the parties.
17.5 In the event of the Engineer failing to notify his decision within ten (10) days
after being requested as aforesaid or in the event of either the Owner or the
Contractor/supplier being dissatisfied with any such decision, or within ten
(10) days after the expiry of the first mentioned period of ten (10) days, as the
case may be, either party may require, by written notice to the other party,
that the matters in dispute be referred to arbitration as hereinafter provided.
18.0 DELETED
Structure: (i) At the first Level (Tier), such commercial disputes shall be
referred to a Committee comprising of Secretaries of the Administrative
Ministries/Departments to which the disputing CPSEs/Parties belong and
Secretary – D/o Legal Affairs. The Financial Advisors (FAs) of the two
concerned Administrative Ministries/Departments will represent the issue
related to the dispute in question before the above Committee. In case the two
disputing parties belong to the same Ministry/Department, the above said
Committee will comprise Secretary of the Administrative Ministry/Department
concerned, Secretary – D/o Legal Affairs and Secretary-Department of Public
Enterprise. In such a case, the matter may be represented before the
Committee by the FA and one Joint Secretary of that Ministry/Department.
Procedure: (i) At the First Level (Tier), the claiming party (Claimant) will
approach the FA of it’s administrative Ministry/Department for
representing the dispute before the Secretary of it’s administrative
Ministry/Department. The Secretary of administrative
Ministry/Department of claiming party will intimate the same to the
secretary of administrative Ministry/Department of responding party
(Respondent) and Secretary- D/o Legal Affairs and thereafter meetings
will take place in the administrative Ministry/Department of the claiming
party to examine the facts and resolve the dispute on merit. The FAs of
the concerned administrative Ministry/Departments will represent the
issues related to the dispute in question before the above Committee.
After arriving at a decision by the committee, the secretary of the
administrative Ministry/Department of the claiming party will write down
the decision and it will be signed jointly by both the Secretaries and
Secretary – D/o Legal Affairs. A copy of the decision will be communicated
by the Secretary of the administrative Ministry/Department of the
claiming party to each party to the dispute for implementation.
(ii) The Committee of Secretaries at first Level (Tier) shall finalise its decision
within 03 months after having received the reference/notice in writing
regarding the dispute from the concerned aggrieved party.
Appeal: Any party aggrieved with the decision of the Committee at First Level
(Tier) may prefer an appeal before the cabinet Secretary at Second Level (Tier)
within 15 days from the date of receipt of decision of the Committee at First
Level, through it’s administrative Ministry/Department, whose decision will be
final and binding on all concerned.
*****
ANNEXURES
ANNEXURE-I
BOQ/Price Schedule [Break Up]
Tender Inviting
HOD (Contracts), STPL, Chausa, Buxar, Bihar
Authority
Procurement of Light Diesel Oil for STPL BTPP (2X660 MW), Buxar,
Name of Work
Bihar
Tender No
Name of the
Bidder/ Bidding
Firm/ Company
Primary source
of supply
HSN Code of LDO
SAC Code of
Transportation
SAC Code of
Insurance
PRICE SCHEDULE (FOR price at delivery point)
Rate per KL Total price Total
(Kilolitres) excluding price
excluding GST but includin
GST but including g GST &
GST
S. including all all other all other
Description Unit Qty. (in
No other taxes, taxes, taxes,
duties, duties,
%)
duties,
levies, cess levies, levies,
etc. cess etc. cess etc.
(in INR) (in INR) (in INR)
a b c d=b*c e f=d*(1+e)
Basic Rate of KL
1 18640
LDO (Kilolitre)
Discount on KL
2 18640
Basic Rate (Kilolitre)
Transportation KL
3 18640
charges (Kilolitre)
KL
Insurance
4 (Kilolitre) 18640
Charges
Total landed price [(S.No.1- S.No.2) + S.No.3+ S.No.4] including GST
& all other taxes, duties, levies, cess etc. (in INR)
Note:
1. Bidder must fill the primary source of supply of LDO, HSN Code & SAC Code.
2. The bidder shall quote the basic rate prevailing at primary source of supply on the
date of publication of NIT /GeM Bid on GeM Portal. Bidder must upload the
document in support of Basic Rate quoted.
3. Bidder need to fill the Total landed price [(S.No.1- S.No.2) + S.No.3+S.No.4]
including GST & all other taxes, duties, levies, cess etc., as arrived above, online
on GeM Portal.
4. Bidder must duly fill Bill of Quantity (BOQ/Price Schedule) in the
excel sheet given in the tender document only, convert the same in
PDF format and upload in price bid part on GeM portal.
5. Discount on Basic Rate of LDO & Insurance shall be fixed throughout the Contract
Period.
6. The total transportation payable under the contract shall be restricted to the
quoted transportation amount as per BOQ.
7. TDS u/s 194q shall be deducted as applicable.
8. GST wherever applicable shall be quoted by bidder.
9. In the BOQ/Price schedule , if rate & amount /taxes is left blank /Zero, it shall be
considered inclusive in the quoted rate /amount.
ANNEXURE-II
TECHNICAL DATA SHEET:
1. Fuel form- Liquid.
2. Product- Light Diesel Oil (LDO).
3. IS Code- IS 15770-2008 (latest version).
Reference Specification
SI. Particulars Unit IS: 15770-2008
No.
1. Pour point max. °C 21 °C & 12 °C for Summer
& Winter respectively
2. Kinematic Viscosity in cSt 2.5 to 15.0
Centistokes (cSt) at 40°C
max
3. Sediment percent by % Max. 0.10
mass
4. Total Sulphur by mass % Max 1.5
5. Ash by mass % 0.02
6. Carbon residue % Max 1.50
(Ramsbottom) on whole
sample by mass
7. Acidity in organic Nil
8. Flash point – Pensky °C Min. 66
Martin
9. Copper strip corrosion for Not worse than no.2
3 hours at 100°C
10. Water Content by volume % Max. 0.25
11. Density at 15°C kg/m3 To be Reported
12. GCV Kcal/Kg 10,000
ANNEXURE-III
AGREEMENT FORMAT
AND
1. In this Agreement, words and expression shall assume the same meanings as
are respectively assigned to them in the Conditions of Contract hereinafter
referred to and they shall be deemed to form and be read and construed as
part of this Agreement.
4. The contractor undertakes to execute and complete the Works within the Time
for Completion and to achieve the Milestones within the time prescribed
thereof in the Contract.
5. The following documents shall be deemed to form and be read and construed
as integral part of this Agreement: This Agreement shall prevail over all other
Contract Documents.
a) Contract Agreement
b) Letter of Acceptance
c) Amendment/Corrigendum/Addendum, if any
d) Notice Inviting E-Tender
e) Instructions to Bidders
f) General Conditions of the Contract
g) Bill of Quantities/Price Schedule
h) Technical Specifications
i) Contractor’s bid
j) Any other document forming part of the Contract.
In witness whereof the parties hereto have executed this Agreement on the day,
month and year first written before.
The Common Seal of both the Parties is hereunto affixed in the presence of:
………………………… …………………………
Name ……………………………... Name ……………………………...
Designation …………………….. Designation ……………………..
Address …………………………. Address ………………………….
……………………………………... ……………………………………...
…………………………………….. ……………………………………..
(Authorized Signatory) (Authorized Signatory)
In the presence of In the presence of
Witness Witness
Signature Signature
………………………… …………………………
Name ……………………………... Name ……………………………...
Address …………………………. Address ………………………….
……………………………………... ……………………………………...
…………………………………….. ……………………………………..
NO DEVIATION CERTIFICATE
To,
HOD (Contracts),
STPL, Chausa Buxar-802114, Bihar
PPR-59(STPL)/2024/GEM Bid ref. No. For Supply of 18640 KL(Kilolitre) Light Diesel
Oil and related services for SJVN Thermal Private Limited, Buxar Thermal Power
Project, Buxar (Bihar)-802114 for a period of 24 months as per detailed Technical
specifications, Scope of Work and terms & condition enclosed /uploaded along with
the Bidding documents
[Format for Self-certification regarding Local Content In line with PPP-M II order,
2017 & Revision PPP-M II order, 2017 dated 04/06/2020 & 16/09/2020 and
25/06/2019 if applicable, to be provided on company letterhead by the authorized
person]
To:
Procurement and Contract Deptt.
SJVN Thermal Pvt. Limited,
Chausa Distt. Buxar -802114 Bihar
Dear Sir,
Format for Self-certification regarding Local Content in line with PPP-M II order,
2017 and Revision PPP-M II 2017 date 04/06/2020 & 25/06/2019 if applicable, to
be provided on company letterhead by the authorized person.
Date: - ___
I ___________________________________________ S/o, D/o
W/o___________________________
____________________________________________Resident
of______________________________ ________________________________ here by solemnly
affirm and declare as under:-
That I will agree to abide by the terms and conditions of the Public Procurement
(Preference to Make in India) Order, 2017 (hereinafter PPP-M II order) of Government
of India issued vide Notification No:P-45021/2/2017-BE-II dated 15/06/2017, its
revision dated 04/06/2020 & in MOPNG Letter Public procurement (Preference to
make in India) to provide for purchase preference (linked with local content) in
respect of Thermal Power Sector Order 25/06/2019 and any subsequent
modifications/ Amendments, if any the information furnished hereinafter is correct
to the best of my knowledge and belief and I undertake to produce relevant records
before the procuring entity/ SJVN Thermal Pvt. Limited or any other Government
authority for the purpose of assessing the local content of goods/services/works
supplied by me for
…………………………………………...............................................................................
.......................... (Enter the name of the Tender).
That the local content for all inputs which constitute the said goods/ services/works
has been verified by me and I am responsible for the correctness of the claims made
therein.
That the goods/ services/works supplied by me for ----------------------------------------
----------------------------
………….....................................................................................................................
.. (Enter the name of the Tender) meet the 'Minimum Local Content' as defined in
Order FP-20013/12/2018-FP-PNG of MoPNG dated: 25/06/2019 and value of local
content (in………………………………………………………………….. %).
That the value addition for the purpose of meeting the 'Local Content' has been
made by me at
.................................................................................................................................
.................................................................................................................................
...............................................................................................................{Enter the
details of the location(s) at which value addition is made}.
That in the event of the local content of the goods/ services/works mentioned
herein is found to be incorrect and not meeting the prescribed Local Content
criteria, based on the assessment of procuring agency (ies)/ SJVN Thermal Pvt.
Limited /Government Authorities for the purpose of assessing the local content,
action shall be taken against me in line with the Revision PPP-MII order dated
04/06/2020 and Order MoPNG dated: 25/06/2019 and provisions of the Bidding
Documents.
I agree to maintain the following information in the Company's record and shall
make this available for verification to any statutory authority. Further, Self-
declarations/ auditor’s/ account’s certificates submitted by the manufacturer/
supplier may be verified randomly by the committee constituted as per MoPNG
order dated 25-06-2019. In case of false documents/misrepresentation of the
facts requisite action against such manufacturer/supplier will be taken based
on the recommendation of the Committee.”
.
i Name and details of the Local Supplier
(Registered Office, Manufacturing unit location, nature of legal entity)
ii. Date on which this certificate is issued
ii. Goods/services/works for which the certificate is produced
.................................................................................................................................
.(Name of firm/entity).
Authorized signatory (To be duly authorized by the Board of Directors)
Name,
Designation
Contact No.
Date:
ANNEXURE-VI
PPR-59 (STPL)/2024/GEM Bid ref. No. for Supply of 18640 KL (Kilolitre) Light Diesel
Oil for SJVN Thermal Private Limited, Buxar Thermal Power Project, Buxar (Bihar)-
802114 for a period of 24 months as per detailed Technical specifications, Scope of
Work and terms & condition enclosed /uploaded along with the Bidding documents.
Form of Declaration
1. The bidder has read carefully all the bidding documents and agreed to the
conditions.
2. The Bidder has not changed the contents of the bidding documents.
3. Scanned copy of documents uploaded along with the bid is true to the best of
bidder knowledge.
6. The Bidder has not been influenced by any statement or promise of any
person of the Employer but only the Contract Documents.
9. The Bidder is familiar with all general and special laws, acts, ordinances, rules
and regulations of the Municipalities, District, State and Central Government
of India that may affect the work, its performance or personnel employed
therein.
10. The Bidder undertakes that the information furnished in the Bid is true and
correct in all respects.
11. The Bidder undertakes that all the documents uploaded along with the NIT
have been read and there is no deviation from the standard terms and
conditions of the tender document including Corrigendum/Addendum (if any).
Between
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and
free from any influence/prejudiced dealings prior to, during and subsequent to the
currency of the contract to be entered into with a view to:-
Enabling the Employer to obtain the desired said (work/ goods/ services) at a
competitive price in conformity with the defined specifications by avoiding the high
cost and the distortionary impact of corruption on public procurement, and
Enabling the Bidder(s)/Contractor(s) to abstain from bribing or indulging in any
corrupt practice in order to secure the contract by providing assurance to them that
their competitors will also abstain from bribing and other corrupt practices and the
Employer will commit to prevent corruption, in any form, by its officials by following
transparent procedures.
1.1 The Employer undertakes that no official of the Employer, connected directly or
indirectly with the contract, will demand, take a promise for or accept, directly
or through intermediaries, any bribe, consideration, gift, reward, favour or any
material or immaterial benefit or any other advantage from the
Bidder/Contractor, either for themselves or for any person, organization or third
party related to the contract in exchange for an advantage in the bidding
process, bid evaluation, contracting or implementation process related to the
contact.
1.2. The Employer will, during the pre-contract stage, treat all the
Bidders/Contractors alike, and will provide to all the Bidders/Contractors the
same information and will not provide any such information to any particular
Bidder/Contractor which could afford an advantage to that particular
Bidder/Contractor in comparison to other Bidders/Contractors.
1.3. All the officials of the Employer will report to the appropriate Authority any
attempted or completed breaches of the above commitments as well as any
substantial suspicion of such a breach.
1.4 In case any such preceding misconduct on the part of such official(s) is reported
by the Bidder to the Employer with full and verifiable facts and the same is
prima facie found to be correct by the Employer, necessary disciplinary
proceedings, or any other action as deemed fit, including criminal proceedings
may be initiated by the Employer or Independent External Monitor and such a
person shall be debarred from further dealings related to the contract process.
In such a case while an enquiry is being conducted by the Employer the
proceedings under the contract would not be stalled.
2.1 The Bidder(s)/Contractor(s) will not offer, directly or through intermediaries, any
bribe, gift, consideration, reward, favor, any material or immaterial benefit or
other advantage, commission, fees, brokerage or inducement to any official of
the Employer, connected directly or indirectly with the bidding process, or to
any person, organization or third party related to the contract in exchange for
any advantage in the bidding, evaluation, contracting and implementation of the
contract.
2.2 The Bidder/Contractor further undertakes that it has not given, offered or
promised to give, directly or indirectly any bribe, gift consideration, reward,
favor, any material or immaterial benefit or other advantage, commission, fees,
brokerage or inducement to any official of the Employer or otherwise in
procuring the Contract or forbearing to do or having done any act in relation to
the obtaining or execution of the contract or any other contract with Employer
for showing or forbearing to show favor or disfavor to any person in relation to
the contract or any other contract with Employer.
2.3 The Bidder(s)/Contractor(s) shall disclose the name and address of agents and
representatives and Indian Bidder(s)/Contractor(s) shall disclose their foreign
principals or associates.
2.5 The Bidder, either while presenting the bid or during pre-contract negotiations
or before signing the contract, shall disclose any payments he has made, is
committed to or intends to make to officials of the Employer or their family
members, agents, brokers or any other intermediaries in connection with the
contract and the details of services agreed upon for such payments.
2.6 The Bidder/Contractor will not collude with other parties interested in the
contract to impair the transparency, fairness and progress of the bidding
process, bid evaluation, contracting and implementation of the contract.
2.7 The Bidder/Contractor will not accept any advantage in exchange for any
corrupt practice, unfair means and illegal activities.
2.8 The Bidder/Contractor shall not use improperly, for purposes of competition or
personal gain, or pass on to others, any information provided by the Employer
as part of the business relationship, regarding plans, technical proposals and
business details, including information contained in electronic data carrier. The
Bidder/Contractor also undertakes to exercise due and adequate care lest any
such information is divulged.
2.9 The Bidder(s)/Contractor(s) commits to refrain from giving any complaint directly
or through any other manner without supporting it with full and verifiable facts.
2.10 The Bidder(s)/Contractor(s) shall not instigate or cause to instigate any third
person to commit any of the actions mentioned above.
The term ‘relative’ for this purpose would be as defined in Section 2(77) of the
Companies Act 2013.
2.12 The Bidder(s)/Contractor(s) shall not lend to or borrow any money from or enter
into any monetary dealings or transactions, directly or indirectly, with any
employee of the Employer.
2.13. The Bidder/supplier shall follow all rules and regulations of India including
statutory requirements like minimum wages, ESIC and EPF.
3.2 The Bidder agrees that if it makes incorrect statement on this subject, Bidder
can be disqualified from the tender process or the contract, if already awarded,
can be terminated for such reason.
5.1 Any breach of the aforesaid provisions by the Bidder/Contractor or any one
employed by it or acting on its behalf shall entitle the Employer to take action as
per the procedure mentioned in the “Guidelines on Banning of Business
Dealings” attached as Annex-A and initiate all or any one of the following
actions, wherever required:-
(i) To immediately disqualify the bidder and call off the pre-contract proceedings
without assigning any reason or giving any compensation to the
Bidder/Contractor. However, the proceedings with the other
Bidder(s)/Contractor(s) would continue.
(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security
Deposit/Performance Bond (after the contract is Signed) shall stand
forfeited either fully or partially, as decided by the Employer and the
Employer shall not be required to assign any reason thereof.
(iii) To immediately cancel the contract, if already signed, without giving any
compensation to the Contractor. The Bidder/Contractor shall be liable to
pay compensation for any loss or damage to the Employer resulting from
such cancellation/rescission and the Employer shall be entitled to deduct
the amount so payable from the money(s) due to the Bidder/Contractor.
(iv) To Ancash the Bank guarantee, in order to recover the dues if any by the
Employer, along with interest as per the provision of contract.
(v)To debar the Bidder/Contractor from participating in future bidding processes
of Employer, as per provisions of “Guidelines on Banning of Business
Dealings” (Annex-A), which may be further extended at the discretion of the
Employer.
(vi) To recover all sums paid in violation of this Pact by Bidder(s)/Contractor(s)
to any middleman or agent or broker with a view to securing the contract.
(vii) In cases where irrevocable Letters of Credit have been received in respect of
any contract signed by the Employer with the Bidder/ Contractor, the same
shall not be opened/operated.
(viii) Forfeiture of Performance Security in case of a decision by the Employer to
forfeit the same without assigning any reason for imposing sanction for
violation of this Pact.
5.2 The Employer will be entitled to take all or any of the actions mentioned at para
5.1 (i) to (viii) of this Pact also on the Commission by the Bidder/Contractor or
any one employed by it or acting on its behalf (whether with or without the
knowledge of the Bidder/Contractor), of an offence as defined in GFR, Chapter
IX of the Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any
other statute enacted for prevention of corruption in Employer’s country.
5.3 The decision of the Employer to the effect that a breach of the provisions of this
Pact has been committed by the Bidder / Contractor shall be final and
conclusive on the Bidder / Contractor. However, the Bidder/Contractor can
approach the Independent External Monitor(s) appointed for the purposes of
this Pact.
6.2 The task of the Monitors shall be to review independently and objectively,
whether and to what extent the parties comply with the obligations under this
Pact.
6.3 The Monitors shall not be subject to instructions by the representatives of the
parties and perform their functions neutrally and independently.
6.4 Both the parties accept that the Monitors have the right to access all the
documents relating to the project/procurement for which a complaint or issue is
raised before them, including minutes of meetings. The right to access records
should only be limited to the extent absolutely necessary to investigate the issue
related to the subject tender/contract.
6.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact,
he will so inform CMD/CEO/MD of Employer and request Employer to
discontinue or take corrective action, or to take other relevant action. The
Monitor can in this regard submit non-binding recommendations. Beyond this
the Monitor has no right to demand from the parties that they act in a specific
manner, refrain from action or tolerate action.
6.6 The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access
without restriction, to all Project documentation of the Employer including that
provided by the Bidder/Contractor. The Bidder/Contractor will also grant the
Monitor, upon his request and demonstration of a valid interest, unrestricted
and unconditional access to his project documentation. The same is applicable
to Subcontractor(s). The Monitor shall be under contractual obligation to treat
the information and documents of the Bidder/Contractor/Subcontractor(s) with
confidentiality.
6.7 The Employer will provide to the Monitor sufficient information about all
meetings among the parties related to the project provided such meetings could
have an impact on the contractual relations between the parties. The parties will
offer to the Monitor the option to participate in such meetings as and when
required.
6.8 The Monitor will submit a written report to the CMD/CEO/MD of Employer
within 30 days from the date of reference or intimation to him by the
Employer/Bidder and should the occasion arise, submit proposals for correcting
problematic situations.
6.9 The word ‘Monitor’ would include both singular and plural.
6.10 In the event of a dispute between the management and the contractor related to
those contracts were integrity pact is applicable, in case both the parties agree,
they may try to settle the dispute through mediation before the panel of IEMs in
a time bound manner. In case the dispute remains unresolved even after
mediation by the panel of IEMs, SJVN may take further action as per the terms
and conditions of Contract. Expenses on dispute resolution shall be equally
shared by both the parties.
9.1 The actions stipulated in this Integrity Pact are without prejudice to any other
legal action that may follow in accordance with the provisions of the extant law
in force relating to any civil or criminal proceedings.
10.0 Validity
10.1 The validity of this Integrity Pact shall be from date of its signing and extend up
to 5 years or the complete execution of the contract to the satisfaction of both
the Employer and the Bidder/Contractor/Seller, including warranty period,
whichever is later. In case BIDDER is unsuccessful, this Integrity Pact shall
expire after six months from the date of the signing of the contract or six
months from the date of opening of price bids, whichever is earlier.
10.2 Should one or several provisions of this Pact turn out to be invalid, the
remainder of this Pact shall remain valid. In this case, the parties will strive to
come to an agreement to their original intention.
11.0 The Parties hereby sign this Integrity Pact at ____________ on ______________.
Employer Bidder
Designation
Place---------------- Place--------------
Date--------------- Date--------------
Witness 1.__________________ Witness 1.___________________
2.__________________________ 2.__________________________
1.0 Introduction
1.1 Employer deals with Agencies viz. parties/ contractors/ suppliers/ bidders,
who are expected to adopt ethics of highest standards and a very high degree
of integrity, commitments and sincerity towards the work undertaken. It is not
in the interest of Employer to deal with Agencies who commit deception, fraud
or other misconduct in the tendering process.
1.2 Since banning of business dealings involves civil consequences for an Agency
concerned, it is incumbent that adequate opportunity of hearing is provided
and the explanation, if tendered, is considered before passing any order in this
regard keeping in view the facts and circumstances of the case.
2.0 Scope
2. 1 The Information for Bidders/ Instruction to Bidders and even the General
Conditions of Contract (GCC) of Employer generally provide that Employer
shall have the rights to remove from list of approved suppliers / contractors or
to ban business dealings if any Agency has been found to have committed
misconduct or fraud or anything unethical not expected from a reputed
contractor.
22.1 The procedure of (i) Removal of Agency from the List of approved suppliers /
contractors; (ii) Suspension and (iii) Banning of Business Dealing with
Agencies, has been laid down in these guidelines.
22.2 These guidelines shall apply to all the Projects/ Power Stations/ Regional
Offices/ Liaison Offices of SJVN including its subsidiaries and JVs.
22.3 It is clarified that these guidelines do not deal with the poor performance of the
contractors/ Agencies.
2.5 The banning shall be with prospective effect, i.e. future business dealings.
3.0 Definitions
ii) “Unit” shall mean the Project/ Power Station/ Regional Office/ Liaison
Office.
Action for banning /suspension business dealings with any Agency shall be
initiated by the department responsible for invitation of bids after noticing the
irregularities or misconduct on the part of Agency concerned. Besides the
concerned department, Vigilance Department of each Unit/ Corporate
Vigilance may also be competent to initiate such action.
5.1 If the conduct of any Agency dealing with Employer is under investigation, the
Competent Authority may consider whether the allegations (under
investigation) are of a serious nature and whether pending investigation, it
would be advisable to continue business dealing with the Agency. If the
Competent Authority, after consideration of the matter including the
recommendation of the Investigating Committee, if any, decides that it would
not be in the interest to continue business dealings pending investigation, it
may suspend business dealings with the Agency. The order of suspension
would operate for a period not more than six months and may be
communicated to the Agency as also to the Investigating Committee. The
Investigating Committee may ensure that their investigation is completed and
whole process of final order is over within such period. However, if
investigations are not completed in six months’ time, the Competent Authority
may extend the period of suspension by another three months, during which
period the investigations must be completed.
5.2 The order of suspension shall be communicated to all Departmental Heads of
SJVN (including its subsidiaries and JVs) and Heads of the Units. During the
period of suspension, no business dealing may be held with the Agency.
5.3 As far as possible, the existing contract(s) with the Agency may continue
unless the Competent Authority, having regard to the circumstances of the
case, decides otherwise.
5.4 If the Agency concerned asks for detailed reasons of suspension, the Agency
may be informed that its conduct is under investigation. It is not necessary to
enter into correspondence or argument with the Agency at this stage.
5.5 It is not necessary to give any show-cause notice or personal hearing to the
Agency before issuing the order of suspension.
6.0 Ground on which Banning of Business Dealings can be initiated:
6.2 If the director /owner of the Agency, proprietor or partner of the firm, is
convicted by a Court of Law for offences involving moral turpitude in relation
to its business dealings with the Government or any other public sector
enterprises, during the last three years.
6.3 If business dealings with the Agency have been banned by the Department of
Power, Government of India and the relevant government department of
Employer’s Country.
6.5 If the Agency uses intimidation / threatening or brings undue outside pressure
on Employer or its official for acceptance / performances of the job under the
contract;
6.6 If the Agency misuses the premises or facilities of Employer, forcefully occupies
or damages Employer’s properties including land, water resources, forests /
trees or tampers with documents/records etc. (Note: The examples given above
are only illustrative and not exhaustive. The Competent Authority may decide
to ban business dealing for any good and sufficient reason).
7. 1 A decision to ban business dealings with any Agency shall apply throughout
SJVN including its subsidiaries/JVs.
7.2 There will be an Investigating Committee consisting of officers not below the
rank of AGM/DGM from Indenting Division, Finance, Law and Contracts.
Member from department responsible for invitation of bids shall be the
convener of the committee. The functions of the committee shall, inter-alia
include:
i) To study the report of the unit/division responsible for invitation of bids and
decide if a prima-facie case for banning exists, if not, send back the case to
the Competent Authority.
iii) To examine the reply to show-cause notice and call the Agency for personal
hearing, if required.
8.1 If the Competent Authority decides that the charge against the Agency is of a
minor nature, it may issue a show-cause notice as to why the name of the
Agency should not be removed from the list of approved Agencies - Suppliers /
Contractors, etc.
8.2 The effect of such an order would be that the Agency would not be qualified for
competing in Open Tender Enquiries or Limited Tender Enquiries till the
period mentioned in the order.
8.3 Past performance of the Agency may be taken into account while processing
approval of the Competent Authority for award of the contract.
9.0 Show-cause Notice
9.1 In case where the Competent Authority decides that action against an Agency
is called for, a show cause notice has to be issued to the Agency, Statement
containing the imputation of misconduct or misbehavior may be appended to
the show-cause notice and the Agency should be asked to submit within 15
days a written statement in its defense.
9.2 If the Agency requests for inspection of any relevant document in possession of
Employer, necessary facility for inspection of documents may be provided.
9.3 The Competent Authority may consider and pass an appropriate speaking
order:
a) For exonerating the Agency if the charges are not established;
b) For removing the Agency from the list of approved Suppliers / Contactors,
etc.
c) For banning the business dealing with the Agency.
9.4 If it decides to ban business dealings, the period for which the ban would be
operative may be mentioned.
10.0 Appeal against the Decision of the Competent Authority
10.1 The Agency may file an appeal against the order of the Competent Authority
banning business dealing etc. The appeal shall be filed to Appellate Authority.
Such an appeal shall be preferred within one month from the date of receipt of
the order banning business dealing, etc.
10.2 Appellate Authority would consider the appeal and pass appropriate order
which shall be communicated to the Agency as well as the Competent
Authority.
11.0 Circulation of the names of Agencies with whom Business Dealings have
been banned
i) The concerned unit shall forward the name and details of the Agency(ies)
banned to IT&SE Division of SJVN’s Corporate Office for displaying the
same on SJVN website.
ii) Corporate Contracts Department shall also forward the name and details of
the Agency(ies) banned to the Ministry of Power, GoI besides forwarding the
name and details to the contracts/procurement group of all CPSUs of power
sector.
______________
FORM OF DECLARATION OF ELIGIBILITY
UNDERTAKING
Contact Persons
3
Date of Birth of Contact
Person
4 Contact Numbers
5 Fax No.
6 Website if any
7 e-mail id
10 GST No.
whether Micro/small
12
Enterprises
whether Micro/small
13
Enterprises owned by SC/ST
Type of Category of Micro/
14 small Enterprises (General/
SC/ST/Women)
Remarks: The bidder is requested to submit the bank account
15 details duly authenticated by bank along with copy of cancelled
cheque to substantiate correct bank account details.
Date:
Place:
ANNEXURE – IX
BID SUBMISSION FORM
Date:
To,
HOD (Contracts),
STPL, BTPP, Main office Building,
Chausa, Buxar-802114, Bihar
Sub: Procurement of Light Diesel Oil (LDO) for STPL, BTPP (2X660 MW),
Buxar, Bihar.
Dear Sir,
1.0 Having examined the Bidding Documents No. PPR-59 including
subsequent amendments and clarifications (if any), the receipt of which is
hereby acknowledged, we the undersigned, submit our bid for the Suppliy
of LDO under the above- named Contract, in full conformity with the said
Bidding Documents.
7.0 We agree to abide by this bid for a period of 180 days from the date of
opening of bids as stipulated in the Bidding Documents, unless extended
by us on your request, and it shall remain binding upon us and may be
accepted by you at any time before the expiration of that period.
8.0 We understand that you are not bound to accept the lowest or any other
bid you may receive. Further we understand that Employer reserves the
right to reject any or all bids or cancel/withdraw the Invitation for Bids
without assigning any reason whatsoever and in such case no
bidder/intending bidder shall have any claim arising out of such
situation.
Date: Signature:
Place: Name of Authorized Person:
Designation:
ANNEXURE-X
UNDERTAKING
1. Certified that I ……. (Name & designation of authorized person) on behalf of
……………………………………….(Name of the bidder) have uploaded the signed
“BOQ /Price Schedule Annexure-I” i.e. Break Up of GeM online Quoted “Total
Landed Price” in the FINANCIAL BID PART. Further confirmed that, the total
Landed Price arrived in the uploaded “BOQ/Price Schedule Annexure-I” with
applicable GST rates is same/equal to GeM Online Quoted “Total Landed
Price”.
ANNEXURE-XI
No Claim Certificate
Name of the Contractor:
Contract No:
Name of the work:
Or
Certified that I/we have no claim pending against contract executed by me/ us
against Contract Agreement no …………………………………… except the
following, which have already been submitted and pending.
This certificate is issued without any duress for the purpose of processing
Final Bill of the contract executed against the captioned agreement.
Date: