W&P Manual 2016 Revision 03

DAMODAR VALLEY CORPORATION
CONTRACTS & MATERIALS DEPARTMENT

3rd Floor, DVC TOWER, V.I.P. ROAD, KOLKATA-700 054
Works & Procurement Manual-2016
Revision-03 of the subject manual has been uploaded in the DVC portal
under head “circular” of CMM on 19.08.2016.
In this revision-03, some clauses/descriptions have been clarified in

comparison to revision-02 & highlighted in “YELLOW” colour for
better understanding at page nos. mentioned below:
Page No. 02, 42, 43, 44, 45, 46, 47, 48, 69, 70, 78, 91.
The hard copy of the said manual will be published shortly.
Till such time all the tendering activities will be guided by the above
manual superseding all earlier OMs/W & P Manuals.
Executive Director (C&M)

WORKS & PROCUREMENT MANUAL Sec-I
JULY 2016
Page 1
WORKS & PROCUREMENT
MANUAL
REVISION-03
JULY - 2016
(This document is meant for the exclusive tendering purpose and shall not be transferred, reproduced or otherwise used for
purposes other than that for which it is specifically issued)
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Page 2
CONTENT
SECTION DESCRIPTION PAGE NO.
I. GENERAL 3-5
II. ESTIMATE 6-8
III. PROCEDURE FOR INDENTING 9-12
IV. E-TENDERING 13-17
V. TENDER METHODOLOGY 18-37
VI. QUALIFYING REQUIREMENT 38-48
VII. TENDER DOCUMENT 49-62
VIII. TENDER OPENING & EVALUATION CRITERIA 63-89
IX. TIME FRAME OF TENDERING 90-97
X. ORDER & POST ORDER ACTIVITIES 98-103
XI. VENDOR REGISTRATION 104-131
XII. PERFORMANCE EVALUATION 132-141
XIII. VENDOR REMOVAL 142-147
XIV. NIT FORMAT 148-158
XV. GENERAL CONDITION OF CONTRACT 159-195
XVI. ANNEXURES 196-316
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SECTION-I
GENERAL
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SECTION-I: GENERAL
I OBJECTIVES
1) To ensure procurement of equipment, materials, works and services of right quantity, of

right quality from right source at right price and at right place and time, keeping transparency in
tendering/contractual process.
2) To keep pace with the changed scenario under the dynamic market conditions, liberalized
economy, new technology/process/product for procurement.
3) To create competitive environment by providing opportunity to all qualified eligible bidders

to participate in the tendering process.
4) To bring out economy and efficiency in implementation of the purchase/ project/works contract
within given time schedule.
5) To maintain proper co-ordination amongst contractors/suppliers/service providers and Indenting

Departments.
6) To prepare vendors/agency profile as well as updating of vendor/agency list depending upon the
performance of the vendor and explore new entries in the requisite field.
7) To encourage the development of local vendors/agencies and domestic manufacturing

industries.
8) To explore import substitute without compromising quality and price.
9) All contracts for purchase of goods, execution of works and services entered into by DVC are
governed by the Sale of Goods Act, Indian Contract Act, Negotiable Instrument Act,
Information Technology Act, Common Goods Carrier Act, Excise Tax Act, Sales Tax Act,
Service Tax stipulations, Income Tax Act, Insurance Act etc.
10) The Purchase Order/Contract shall in all respect be deemed to be and shall be constructed
and shall operate as an Indian Contract as defined in the Indian Contract Act 1872 and all
payments there under shall be made in Rupees, unless otherwise specified.
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II POWER FOR MODIFICATION AND DEVIATIONS:
1) The procedures laid down in this manual are required to be followed. In case of additional need
for modification/ addition/ deletion of any of the clauses mentioned in this manual, matter
should be referred to Standing Committee on W&P manual constituted under the chairmanship
of CMM. C&M Department (HQ) will obtain approval of Chairman with regard to minor
modification/minor addition/ minor deletion as recommended by standing committee after
vetting of Finance. However, approval of Board will be obtained before any major changes in
W&P manual. The standing committee will meet every three months to review the clauses of
W& P manual to update it and a report is to be submitted by C&M Department (HQ) to
Board once in a year.
2) In exceptional circumstances, if NIT document/Tender is to be finalised in deviation of the

provisions, clauses, terms & conditions of the Works & Procurement Manual, then
deviation are required to be approved by concerned Member if not specifically empowered
otherwise elsewhere in W&P Manual.
3) Further in case there is a deviation to CVC guidelines, the same is required to be approved by
the Chairman under intimation to Board in due course and information to CVC & MOP.
4) In case of Tender Accepting Authority (TAA) is Board/ Chairman, approval of concerned

member shall be obtained for any related activities of tendering which are not specified in W&P
Manual. However, tender will be accepted by Chairman//Board as per stipulation of DFP in this
case.
5) All the relevant policies of GOI towards public procurement will be adopted in the Works &
Procurement Manual with the approval of Chairman time to time with intimation to the Board.
III INTERPRETATION / CLARIFICATION OF WORKS & PROCUREMENT

MANUAL:
Any executive seeking clarification/interpretation of the Works and Procurement Manual will
send mail furnishing, clause ref, page ref and the point on which clarification is sought to Chief
Materials Manager (CMM), DVC Head Quarters. CMM should reply within 15 days of the
receipt of the mail after obtaining approval from Member (Technical) with vetting of
Member (Finance) wherever required.
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WORKS & PROCUREMENT MANUAL Sec-II
JULY 2016
Page 6
SECTION-II
ESTIMATE
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SECTION-II : ESTIMATE
A) LAST PURCHASE PRICE/ WORK ORDER VALUE:-

To prepare the estimate of work/proposal, Last Purchase Price (LPP)/Last Work Order may be
considered on the following lines:
1) The last purchase price (LPP) / last work order value will be the price paid in the latest
contract of a similar work/magnitude, which is not more than three years old from the date of
tender estimate. When said similar item /work is not available, alternative methodologies may be
resorted to.
2) Where the firm holding the LPP / last work order value contract has defaulted, the fact should be
highlighted in the contract proposal/indent and the price paid against the latest contract placed
prior to the defaulting LPP / last work order value, where supplies / works have been completed,
should be indicated but not more than 03 (three) years old from the date of estimate.
3) Where the price indicated in the LPP / last work order value is subject to variation, besides
indicating the original price of the LPP / last work order value, the updated price as computed in
terms of the price variation clause, should also be indicated.
4) Where the supply/work order against the LPP / last work order value is yet to commence, i.e.,
delivery / completion schedule is not yet due, it should be indicated in the contract proposal,
whether the contract holder is a past supplier/registered vendor/new vendor.
In case of a new vendor, the price paid against the previous contract as in the case of (2)
above should be indicated.
5) In the case of wholly imported stores, the comparison of the LPP should be made with the net
C.I.F. value in foreign currency only.
6) Indication of the percentage of increase over LPP/ last work order value should invariably be
given in the contract proposals/indents. For this purpose, a LPP / last work order value register will
be maintained by all contract handling departments as well as share information among all the
plants and HQ by sending copies of PO/WO for items/ works common to them.
B) OTHER CRITERIA:
1) As the estimated rate/cost is a vital element in establishing the reasonableness of prices, it is

important that the same is worked out in a realistic and objective manner on the basis of prevailing
market rates, last purchase price / rate (not older than three years), economic indices (In absence of
related indices, inflation @ 6% p. a or part thereof may be considered) for the raw material/labour
(the same may be obtained from Labour Bureau, Shimla, RBI, or other Govt. published bulletin),
other input costs, IEEMA formula, published data in paper/journals, wherever applicable and
assessment based on intrinsic value etc. To take care of annual inflation last purchase rate if older
than one year, @ 6% or change in related indices against basic material can be escalated per year. In
case of preparation of estimate for AMC/ARC/one time job/procurement, estimate should be based
on minimum wages of Central govt. adopted by corporation for deployment of different
category of workers/supervisors etc. for the job and based on prevalent market rate for category
of workers/supervisors where said minimum wages rates are not available.
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2) For civil works, latest published schedule rate of CPWD, DSR along with cost index (published by
CPWD) thereon will be automatically adopted. Cut-off Date for latest DSR will be the date as
adopted by CPWD. Items related to civil works of power plant/system reference of similar items of
other organization like NTPC, PGCIL, BHEL & Govt. PSU may be referred if such items are not
available in DSR. However, Technical Sanction accorded/ Estimated Cost Approved based on
previous DSR prior to cut-off date will remain unchanged for further course of tendering.
3) Budgetary offers (when other above said option such as LPP/Schedule rate is not available) from
the reputed manufacturers/agency for procurement/work/services may also be considered as a
basis of estimate. Multiple budgetary quotations is preferable to be obtained (except
PAC/OEM/OES/Single Source Items) and 90% of lowest budgetary offer should be considered.
C) CHECK LIST FOR ESTIMATE
Name of the Work/Item:
Sl No Basis of Estimate Documents Remarks
Submitted
1 Last Purchase Price
2 Prevailing Market Rate of major equipments / items for the Package.
3 Last Contract Price vis-à-vis change in scope, if any.
3 Economic Indices for raw materials / labour / market trend,

Exchange Rate, Escalation, etc, if considered.
4 Civil Works:
a) CPWD-DSR along with Cost Index
b) PSUs/ Govt Schedule
c) Approved by Civil Engineering Department, DVC (NSU items)
e) Based on market rate
5 Detailed BOQ with rate for the entire scope under the Package.
6 Budgetary Offer Price from reputed manufacturer / contractor (90%

of the L1 offer).
7 Annual inflation rate, if considered.
8 Latest Awarded cost / rate for similar package of other organisation /

Agencies.
9 Any other cost data for the similar package -
10 Estimated Cost in Rupees.
W&P Manual – 2016

WORKS & PROCUREMENT MANUAL Sec-III
JULY 2016
Page 9
SECTION-III
PROCEDURE FOR INDENTING
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SECTION-III: PROCEDURE FOR INDENTING
I For the purpose of indenting materials planning is to be done on the basis of following group:-
1) Stock Items (Automatic Recoupment items- AR)

2) Insurance Item (I)
3) Unit Replacement Item (UR)
4) Capital Item (P)
5) Other non-stock items (Not falling under any of the above referred category) (O)
6) Check list for Indent is attached as Annexure-Z
II MODE OF INDENTING
The indent as per prescribed format should be completed in all respect with the following information.
1) Description of item should contain the detailed specifications which should include the relevant
IS/BS standard or any other acceptable standard drawing details etc. so that calling of sample may
be avoided as far as possible.
2) Quantities to be indented item wise shall depend on past consumption, anticipated consumption in
future, nature of the item including shelf life & classification of items as above. Moreover the lead
time is a major factor for deciding the quantity. Indent should be raised at least one lead time in
advance of the expected date of use and depending on the market condition. In case of set, the
definition of set to be furnished.
Further, the requirements should be clubbed as far as possible by Maintenance Planning Cell (MPC)
and in no case indent for the same item can be raised more than thrice in a year.
3) Estimated value of the indent should be as far as practicable. Basis of estimates should be in line
with Section II.
4) In case of works / service, proposal with scope of work/services to be placed to respective C &
M backed by estimated cost along with basis as well as all information wherever available like
last work order issued and its mode of tender, no. of techno-commercial acceptable offers,
accepted rate etc.
5) Indents for spares, consumables, capital plant & machinery and other assets should be placed
separately
6) Indent should enclose the following documents:
a) P.A.C./OEM/OES or Standardisation Certificate, wherever applicable (Annexure-G)

b) QAP/Inspection Procedures where pre-despatch inspection is involved.
c) Drawings, if any
d) Qualification requirement if any, in case of open tender.
e) Delivery period details and PDI requirement.
f) Detailed specification sheet, if any.
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7) Indent should be forwarded through system (EBA)//Format by the Plant Chief/Chief Engineers to
the Chief Materials Manager, C&M Deptt. Kolkata, where it is required to be processed by the
C&M Department (HQ).
8) Proposal for procurement/works/services should be forwarded by concerned user’s section to the

appropriate authority as per Delegation of Financial Power (DFP) for obtaining administrative
approval to undertake the proposed procurement/works/services prior to allocation of budget and
floating of enquiry by C &M Department. No separate financial sanction order is required to be
issued. However, budget provision may be ensured by respective C&M Department/Technical cell
in consultation with user section before floating of enquiry.
However enquiry for Capital Procurement having lead time beyond approved budgetary period may
be floated with the approval of TAA with the concurrence of Headquarter Finance (Budget)
9) In case of administrative approval authority being Board/ Chairman, administrative approval to be

obtained from the concerned Member where investment proposal is already approved by Board /
Chairman.
10) Indent should be placed well in advance considering the average lead-time for finalization of
contract so that material/ works/ service is available when it is required.
11) Justification of procurement along with the quantity to be procured should be given based on back
up sheet for last 3 years. If it is more than the moving average, the reason for the same should be
recorded along with utilization programme and to be approved by one step superior of Tender
accepting authority (TAA) before floating of enquiry. If TAA is CE and above, no such approval of
superior is required.
12) In case of item to be procured as new or for new project, Utilization programme should be clearly
indicated.
13) Back-up sheet furnished by store officers should be enclosed with the indent. The back-up
sheet should contain the details of consumption during the last three financial years, consumption
during the current financial year, moving average & present stock, pending indent, pending
ordered quantity, quantity to be ordered, rate as per last Purchase/Work Order, Reference No. and
the name of the last supplier. If the last P.O/WO had been issued from Indenters end, copy of the
same to be enclosed with the indent while forwarding the same to HQ for initiating purchase
action.
14) Wherever applicable, PAC/OEM or source standardization certificate for procurement issued by the
competent authority (CE/Sr. CE/HOD) in the prescribed format as given in this manual (Annexure-
G) should be enclosed with the indent in original.
For works and services, approval of not below the rank of CE/Project Head shall be obtained with
proper justification duly recorded.
15) First time procurement for replacement of any item, already in use should not be termed as “New
Item”. It should only be stated as “First Time Procurement” and justification for the same
should be recorded.
16) Those items, which have never been used, will be termed as “New Items”. Justification for such
procurement should be elaborately recorded. The same is also to be approved by one step
superior of Tender accepting authority (TAA) before floating of enquiry. If TAA is CE and
above, no approval of superior is required.
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17) Indent for items requiring import should be raised separately. (ii) Importation will only be resorted
to when there is no effective Indigenous substitute. However, this clause is not applicable for
import under Contract finalised through International Competitive Bidding (ICB) route.
18) Proposal for procurement of improved or new version over the existing one should be properly
justified along with cost benefit analysis or obsolesce certificate as applicable from concerned
Executive Director/PCE/CE&HOP to be obtained prior to enquiry. For items related to computer
and associate accessories certification from IT department shall be obtained.
III PROCESSING OF INDENT & PLACEMENT OF ORDER
1) All Indents for procurement of materials including medicine (above Rs. Two lakh) and proposal for
works/services should be sent to respective Contract & Material department or Technical Section for
processing and placement of order, after obtaining the approval of the competent authority as per
concerned DFP. No other Department will issue/place order to any Party. Final NIT/Tender Document
should be sent to user section for comment, if any, before floating of enquiry/NIT by Contract &
Material department or Technical Section. All post tendering correspondence with the Vendors/
Contractors will be made by the respective Contract & Material (C&M) department only till execution of
the contract agreement. During contract execution/ implementation stage, correspondence with the
Vendors/ Contractors will be made by the respective indenter (user section)/C&M officials as the case
may be.
2) Before registration of indent, purchase section shall scrutinize the indents with regard to various points
e.g. completeness of specification, realistic delivery period, proprietary article/standardisation certificate,
approval of competent authority or any other deficiencies in the drawing etc. requiring clarification in
the absence of which procurement action cannot be initiated by the purchase section. Quality plan should
be enclosed with the indent by FQA wherever pre-despatch inspection is required.
3) However, if indent is complete in all respect, respective C &M Department/Technical cell will
constitute QR committee.
4) For all meetings of QR Committee & Tender Committee, convener of the committee will be from the
respective C&M department. The file & documents shall be placed at the time of meeting and circulation
of file shall be avoided.
5) However, user section/indenter may continue with the tendering for procurement/work/services with the
approval of Member Concerned till the same is taken over by the C&M Department/Technical cell and
in this situation said user section/indenter will act as C & M department.
6) However, the Direct Demanding Officers (DDO) as mentioned in Rate Contract (RC) shall issue supply
order directly to the vendor as per terms & conditions of RC after ensuring fund provision and keeping
supply order quantity within his demand placed before RC Issuing Authority i.e. HQ(C&M).
W&P Manual – 2016

WORKS & PROCUREMENT MANUAL Sec-IV
JULY 2016
Page 13
SECTION-IV
E- TENDERING
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SECTION-IV: E-TENDERING
I PROCUREMENT/TENDERING PROCEDURE:
E- Procurement/E-Tendering:-
1) E-procurement/ e-tendering is carrying out the traditional tendering process in an electronic form
using the internet. DVC has implemented the procurement/works/service activities through e-
tendering in line with Central Vigilance Commission (CVC) guidelines.
2) DVC has engaged a Service Provider for implementation as well as to carry on day to day activities
of e-tendering in respect of all sorts of tendering i.e., OTE, & LTE whose estimated value will be
equal to or greater than Rs. Two (02) lakhs for all cases. However, threshold value may be relaxed
up to Rs. Five (05) lacs considering the nature of work/supply/services at the discretion of TAA
with proper justification.
3) In case of non-conventional item like Bamboo, cow dung, other material/work of

horticulture/fisheries etc., where e-tender may not be feasible, offline system will continue till
infrastructure of online is available for such item(s).
4) However, Concerned Member is empowered to grant exemption from e-procurement only in

exceptional circumstances after recording justification beyond the above stipulated limit.
5) Digital Signature Certificate (DSC) is required to be provided for all officers concerned for the
tenders to be floated for e-procurement. Number and name of executives for DSCs shall be
finalized by the head at concerned project.
6) Service Provider shall provide Class-III DSC having signing or signing & encryption certificate as
per requirement of DVC on chargeable basis. DVC may obtain Digital Signature from any other
sources also.

7) To log in the website of service Provider, the authorised persons shall be given user ID and
Password by the System Administrator of Service Provider.
8) System audit is to be done as per statutory requirement.
9) Fo r getting login ID and Password, name of authorised executive shall be given by DVC
coordinator of the respective locations to Service Provider on their e-mail ID who shall provide
the ID and system generated password.
II VENDOR REGISTRATION FOR E-TENDERING
1) Registration Procedure:
a) To participate in the tender, the vendors have to register with the Service Provider/DVC.
b) Registration fee as applicable along with Service Tax will be paid by Vendor/Contractor/Agency to
DVC.
c) Service Provider Fee as applicable will be borne by the bidder/tenderer.
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d) The contact details of C&M and service provider shall be clearly mentioned in the NIT documents.
e) The Registration shall be completed within four (4) days otherwise the matter shall be brought to
the notice of CMM/ ED(C&M)
2) Digital Signature Certificate
a) To participate in the tender, vendors should have a Digital Signature certificate (DSC) having
both signing & encryption certificate as it shall be required during uploading the bids.
b) The fees for obtaining DSC are to be borne by vendors/contractors.
c) In case the bidder loses his DSC because of any problem (virus attack, misplacement etc.),DVC
shall not be held responsible. The bidders shall take necessary initiatives for issue of new DSC and
further registration etc. otherwise the bidder may not be able to submit his bid online.
III PROCESSES FOR E-TENDERING

1) Tender will be floated on-line indicating all the salient details such as description of items, indent
value, delivery period, bid validity period, date of pre-bid meeting (if applicable), start date and
last date & time of submission of bid, period for seeking clarifications online by the bidder, date
and time of opening of Techno-commercial bid etc. by uploading Notice Inviting Tender (NIT) and
Terms & Conditions of supply/works/service contract.
2) After creation of tender a unique Tender Id is automatically generated by the system.
3) The Tender can be downloaded by any prospective bidder from the website free of cost and
cost of tender documents to be submitted at the time of bid submission/uploading.
4) In order to submit the Bid, the bidders have to get themselves registered with the portal and
should possess valid Digital Signature Certificate. The Registration of the Bidders on the portal
will be on-line and one time activity. The system will assign a unique user ID for each Bidder
which will be valid for 01 (one) year.
5) The bidder will have to accept the Commercial and General Terms & Conditions of the NIT/
Tender Document except which are spelt out in deviation sheet and cost thereof along with on-line
undertaking in support of the authenticity of the declarations regarding the facts, figures,
information and documents furnished by the Bidder on-line. No conditional bid shall be accepted
except as stipulated somewhere in this Manual with regard to discount in Price offered by bidder.
6) In the undertaking given by the bidder on-line, there will be provision for forfeiture of EMD and/or
banning for participating in future tenders in DVC wherever applicable, if any information given
by the bidder on-line is found to be false at any stage which changes the eligibility status of the
bidder.
7) The bidder may seek clarification on-line within the specified period. His identity will not be
disclosed by the system. The department will clarify as far as possible the relevant queries of
bidders. The clarifications given by department will be visible to all the bidders intending to
participate in that tender. The clarifications may be asked from the next day of e-publication of
tender. The last date for seeking clarification will be up to be 7 (seven) days before the last date of
submission of bid and the last date of giving clarification on-line will be up to 5 (five) days before
the last date of bid submission. This clarification clause may be adopted where no pre-bid meeting
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is stipulated in NIT/IFB/ Tender Document. The Creator/Service Provider of Tender will apprise
the Publisher regarding the sought clarifications on a regular basis and will submit a report to the
Publisher on the end date of seeking clarification regarding unanswered sought clarifications of the
bidders. This will be mandatory for the Creator/ Service Provider and the final compliance
report will be placed in file. The Tender Inviting Authority will be responsible for giving the
clarifications on-line within the prescribed time frame.
8) Corrigendum should be issued only in exceptional cases with the due approval of TIA. However,
corrigendum to NIT will be possible on-line with respect to extension of date (start & submission
date). However, the extension of date for an event will be possible only before the expiry of
earlier specified date and time for that particular event. Preponement of date for any event is not
permitted unless otherwise specified elsewhere. The scanned copy of corrigendum notice is to be
uploaded on the e-Procurement Portal. The corrigendum notice should be hosted on the
websites where the original NIT has been hosted.
9) The bidder will submit Techno commercial Bid and Price bid online. However, the bidder will
have an option for submitting/depositing cost of tender document and EMD in off-line mode
other than electronic mode in the specified form/format as mentioned in NIT/Tender Document
either in person or by post which must be received in the office of tender inviting authority on any
working day after e-publication of NIT and upto last date & time of submission of bid.
10) DVC shall not be responsible for any postal delay in receipt of cost of tender document and
EMD. In case the cost of tender document, EMD and other document as specified in NIT/Bid
Document are not received within the aforesaid period, the bid will not be opened or outrightly
rejected. The bidder will furnish all the information as sought on-line regarding cost of tender
document and EMD besides submission of Hard Copy as stipulated above will be mandatory in all
OTE cases. In case of exemption of EMD applicable for any bidder, the scanned copy of document
in support of exemption will have to be uploaded by the bidder besides submission of Hard Copy
before opening the tender as stipulated above. (Documentary evidence means document like valid
registration certificate from appropriate government authority giving details such as quantum of
exemption, bid threshold value, validity, stores etc.). After opening of Part I (cost of tender
document, Integrity Certificate as applicable & EMD), the Tender Opening Committee will validate
the receipt of said documents based on the information furnished by the bidders online and their
submitted instruments and the scanned copy of document in support of exemption of EMD, if any.
If the information furnished by bidder online are in agreement with the submitted instruments then
the bidder will be evaluated as eligible for next step. The qualification in Techno commercial bid
will be subject to the receipt and acceptance of the above stipulated documents.
11) The bidder/s will also submit an affidavit (original) on a non-judicial stamp paper of Rs.10
regarding genuineness of the information furnished by him/them online and authenticity of the
documents being produced by him/them. Bidders will not be required to upload scanned copy of any
document or to submit hard copy of any document for the techno-commercial evaluation process
except the scanned copy of Letter of Bid, affidavit as mentioned above, cost of tender document,
EMD, document in support of exemption of EMD (if applicable), Integrity Pact Certificate
(wherever applicable), excel sheet for technical / techno-commercial evaluation besides submission
of Hard Copy of cost of document, Integrity Pact Certificate (wherever applicable) and EMD before
opening the tender. The information furnished by the bidders on-line along with on-line undertaking
with Digital Signature Certificate in support of the authenticity of the facts, figures, information and
documents furnished by them online will be accepted for the Techno- commercial evaluation of the
bids.
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12) The bidder will download the Letter of Bid, Techno- commercial Evaluation Sheet and the Price
bid from the e-Procurement portal and upload these subsequently during uploading/submission of
bid as stipulated in bid document.
13) It will be the bidder’s responsibility to check the status of their Bid online at least once daily, after
the opening of Techno-commercial bid till opening of the Price-bid. No separate communication
will be made to the bidder in this regard and this will be specifically mentioned in the NIT.
14) The system will preserve the details of Techno Commercial bid and Price bid in the archives for
auditing purposes and the same can be accessed with special authorization.
15) Any tender hosted on the e-Procurement site must be logically concluded i.e. either Award of work
is issued or the tender is cancelled.
IV) Security Features

The security features incorporated in the application ensures that all activities are logged, no
unauthorised person has access to data, all sensitive data is encrypted and system can be restored
in minimal possible time in case of a disaster or system crash.
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WORKS & PROCUREMENT MANUAL Sec-V
JULY 2016
Page 18
SECTION-V
TENDER METHODOLOGY
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SECTION-V: TENDER METHODOLOGY:-

Identification of qualified bidders can be done through following methodology:
a) Pre-qualification methodology (EOI) and
b) Post-qualification methodology.
a) Pre-qualification methodology (EOI):

i. Expression of Interest (EOI) may be resorted to in case of packages for specialized, expensive or
technically complex contract, where details scope of work, appropriate financial involvement,
modality and level of deployment of resources, specification of equipment/works/services and
execution period to be required cannot be finalized/firmed up due to lack of internal expertise.
ii. EOI to be invited through press advertisement and may be issued covering of following areas:-
1. Nature of work to be executed with specifying the objective of work.

2. Desired timeframe which may be allowed to complete the work with commensurate mobilisation
of men/machineries/materials.
3. Expected investment, if any.
4. Evaluation process for short listing of vendors.
5. Other information which may affect the schedule of work during execution, if any.
iii. The methodology of finalising QR/Evaluation Criteria or Process will remain same as applicable
for tendering purpose stipulated in this Manual. Interested applicants should offer their views on
methodology with available latest technical data for execution of such work along with the
following documents:
1) Experience and performance certificate within the last 7 yrs. for similar work. In case, subject work
falls within an area of rapid changes in technology, experience and performance certificate of
similar works within the 2 yrs., if decided by QR approving authority.
2) Available manpower/machineries/materials with the Agency to execute such work.
3) Last 3 yrs. Audited Annual Accounts.
iv. EOI will be issued to prepare a panel of Agency who are capable to accomplish the desired work.
In such cases, two stage tendering process is to be done. During the first stage of tendering,
acceptable technical solutions can be evaluated after calling for the EOI from the leading
experienced and knowledgeable manufacturers /suppliers in the field of the proposed procurement.
The broad objectives, constraints etc. could be published while calling for EOI. On receipt of the
EOI, technical discussion/ presentations may be held with the short listed manufacturers/suppliers,
who are prima facie considered technically and financial capable of supplying the material or
executing the proposed work. Proper record of discussions/ presentations and the process of
decision making should be kept. Once the technical specification and applicants are finalised, the
second stage of tendering could consist for techno commercial bids among the short listed
applicants of first stage per the usual tendering system. The second stage shall be considered as open
tender so far as DFP is concerned.
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v. Final selection at this stage would depend upon the quoted financial bids and the evaluation matrix
decided upon.
vi. Based on the technical discussion/ presentation with the expected bidders individually or jointly, the
scope and specification of work, level of deployment of resources to be finalized and qualified
bidders to be short listed based on the evaluation criteria/process already notified in EOI and based
on the available financial documents by an appropriate QR committee based on the expected
investment decision as per stipulation of QR committee. However, considering the technical
complexity of work, TAA may include any outside expert on the subject area in the QR committee.
vii. Also for participation against EOI, the bidder shall not be required to furnish EMD/Bid security, but
EMD/Bid security in appropriate form to be asked at the time of issuance of NIT/Tender
Documents (Second stage).
viii. Illustrative Parameters to be kept as instruction to EOI bidder(s)/Applicants:
1) The bidder(s) shall bear all cost associated with the preparation and submission of its EOI and DVC,
will in no case be responsible or liable for reimbursement of any cost to conclude the process.
2) At any time before the submission of EOI, The DVC may for any reason what so ever carry out
amendments to this EOI documents at its own initiative or in response to a clarification requested by
the bidder(s). The amendment will be made available in our website and will be binding on them.
The DVC may at its discretion extend the dead line for the submission of proposals.
3) The bidder(s) will come up with the best suggestions on application of latest technologies in the
related fields and will offer solutions in integrating such technologies for reliable, efficient and
smooth completion of the work.
4) The bidder(s) will provide all necessary support and assistance in firming up of
specifications/requirements as per DVC requirement.
5) DVC will process to short list the qualified applicants during the process of EOI on the basis of QR.
The bidder found prima facie QR qualified only will be called for Technical Presentation. Minimum
aspects of Technical presentation is to be specified in EOI bid document and bidder failing to
present said minimum Technical presentation will be considered nonresponsive by DVC and will
not be considered for shortlisting.
6) During course of evaluation of bid(s), bidder(s) will be invited to make a presentation as stated
above at a date, time notified by DVC. The purpose of such presentation would be to allow the
applicant to present their technical competency/solution, approach and methodology & quality of
professional proposed and other key points for reliable, efficient and smooth completion of the
work. All these presentations are to be done without any financial implication to DVC. Scope of
work will be freezed by DVC based on the presentation by different bidder(s) and accordingly the
technical specification will be finalized which will be basis for Bid document for
Technical/Financial bids among shortlisted EOI Applicants. There might be some variation in
estimated cost (expected investment) out of the above exercise and same would be included in final
bid document. Only eligible shortlisted applicants would be called for Technical/Financial bids.
7) The bidder(s) that are incomplete in any respect or those that are not consistent with the
requirements as specified in this document or those that do not adhere to formats, wherever
specified may be considered non responsive and may be liable for rejection and no further
correspondence will be entertained from such bidder(s).
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8) A firm/company is eligible to be part of only one offer, either individually or as a part of a

consortium with associates.
9) Any additional instructions/information may be added. The EOI bid shall be valid for six months
from the date of opening of the bid. The above mentioned period of six months may however be
extended with the consent of the bidder(s).
b) Post-qualification methodology:
i. In case of Post Qualification Methodology, as detailed in previous paras, the QR for bidders for a
specific package shall be brought out explicitly in the bidding documents and may also be spelt out
clearly in the NIT/Tender Document published on Website.
ii. The intending bidders must furnish the information in support of fulfilment of qualifying
requirement, as fixed for the tender along with their offer, failing which their offer will not be
considered. This is also to be clearly spelt out in NIT/Tender Documents.
II PRE-ENQUIRY/TENDERING ACTIVITIES:
Pre-enquiry/tendering activities would only start after the receipt of indent / proposal of work,
complete in all respects. The following steps are to be taken or settled before tendering:-
i. On receipt of the approved indent/ proposal, the Dealing officer will scrutinize the details of
the indent and if it is found that there is any deficiency, in the proposal, he will send back to
the indenter to set right of any deficiency .
ii. Creation of a file with the Indent/proposal documents.
iii. Approval for selecting the mode of tendering, in case of departure from normal procedure, by
TAA. In case of TAA is Board/ Chairman, approval of concerned member shall be obtained.
iv. Finalizing the qualifying requirement for the indent if required by the appropriate QR
committee..
v. The cost of tender documents & Earnest Money will be firmed up based on the estimated cost.
vi. After approval of TIA, prepare the Tender Document sets.
vii. Finalising the enquiry/ tender details for limited tender, single tender etc. as well as for
advertisement in Newspaper and Website in case of open tendering as per stipulation of W&P
Manual and put up to TIA for approval.
III SELECTION OF BIDDING PROCESS:

Single Stage Bidding:-
The single Stage Bidding, in general, to be adopted for all types of tendering and may be done in the
following way:
1) Single Stage Bidding with 4 envelopes.
4) Single Stage Bidding with 1 envelope.
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These are elaborated as below:-

1) Single Stage Bid with four envelopes
The tender document consisting of separate four (4) sealed envelopes is to be submitted/ uploaded
as per the detail indicated below.
Envelope A(offline): Earnest money, Integrity Pact (if applicable) and cost of tender paper (if down
loaded from Website).
Envelope B: The bidder(s) will furnish their values against each information as required in QR
Parameter Sheet (excel sheet), Power of Attorney or other document(s) evidencing authorisation to
sign the document digitally, and will submit/ upload the same Excel sheet/ file during submission of
bid with regard to Qualifying Requirement.
Envelope C: Tender Document (Technical Part) and Techno-commercial Terms & Conditions as
per Format (excel sheet) given in Technical Part of Tender Document along with necessary
deviation schedule.
Envelope D: Price Bid (Price Part of Tender Document) along with cost of withdrawal prices for
declared deviation.
2) Single Stage Bidding with 3 envelopes
For any procurement/ works/services, may be adopted at the discretion of TIA.
For Single Stage, 3 - envelope tendering, the main envelope containing the offer should contain
three envelopes - A, B & C with proper superscripting.
Envelope ‘A’: Earnest money, Integrity Pact (if applicable) and cost of tender paper (if downloaded
from Website)
Envelope ‘B’: Information on QR, technical part /techno-Commercial part filled up in Excel Sheet
along with necessary deviation schedule and Power of Attorney or other document(s) evidencing
authorisation to sign the document digitally.
Envelope ‘C’: Price part as per format enclosed in the Bid Document along with the cost of
withdrawal prices for declared deviations.
3) Single Stage Bidding with 2 envelopes
For any procurement / works / services, bidding process may be adopted at the discretion of
TIA.
For cases of single stage, with 2 envelopes tendering, the main tender offering envelope would
contain two envelopes– A and B with proper superscripting therein as:–
Envelope ‘A’: Earnest money (if applicable), and cost of tender paper if downloaded from
Website.
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Envelope ‘B’: Information on credentials and techno-Commercial part filled up in Excel Sheet
along with necessary deviation schedule, Power of Attorney or other document(s) evidencing
authorisation to sign the document digitally and Price part as per format enclosed in the Bid
Document along with the cost of withdrawal.
4) Single stage bidding with 1(one) envelope:
This can be resorted for LTEs also where EMD are not asked for and for procurement on single
tender basis and any other tender, as decided by TIA.
IV MODE OF TENDERING
A. Before floating any enquiry (Capital / Spares / consumables / other assets / works / Turnkey
Projects), it shall be ensured that prior approval/sanction of the appropriate authority as per
relevant DFP is obtained.
B. The mode of Tendering should be assessed on the basis of proper technical justification and not
on the value of the indent alone.
C. However, the mode of tendering will be selected considering the following in general
i) The total estimated cost of Purchase/ estimated value of works/services to be made.

ii) Type of materials (proprietary or otherwise)
iii) No. of proven sources known and available and
iv) Urgency of requirement.
D. Depending on the above, followings are the mode of tendering which can be adopted for the
purpose of procurement / works / service contract:
Open Tendering with Reverse Auction: Details enclosed as Annexure-ZA
1) Open Tendering:-
Through abridged press advertisement and hosting in DVC website.
a) The open tendering through press advertisement, in general, is to be resorted to for high value
purchases/Works/Services, having estimated value in excess of Rs. 25 lakhs. However, open
tendering may also be resorted to for critical items/works having estimated cost of procurement less
than Rs.25 lakhs for which no source of procurement/vendor base is available. However, overall
economy in press advertisement should also be taken care of and generally to be restricted to 5%
of estimated cost. Prior approval of Tender Inviting Authority in this regard is to be obtained.
b) Attention of all manufacturer or their authorised agents/distributor/dealer of a particular

equipment/material and capable vendors/agencies to undertake a particular work/services will be
drawn to the requirements of DVC and allowed to quote. Open tendering means NIT/Enquiry has
been given wide publicity and efforts are made to reach the bulk of the potential vendors. For this
purpose, short advertisements in ITJ and in three leading Newspapers, out of which at least one
Newspaper must be in a local vernacular of users’ unit/project. For example, if items are to be
procured for Bokaro Thermal Power Station, short advertisement shall be published in ITJ and in
any leading newspaper of Jharkhand published in Hindi, in one leading Newspaper from
Kolkata and the other one in English Newspaper published simultaneously from metro cities like
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DELHI / KOLKATA / MUMBAI etc. For purpose of open tendering, apart from publishing the
NIT in short form in ITJ, Newspapers, detailed NIT including the bid documents (at least
commercial condition and Condition of Contract) are to be published in DVC’s website
(www.dvc.gov.in) so that the same can be downloaded by the intending tenderer/bidder.
However, hoisting of engineering documents, as part of bid documents in Website should also be
considered, if technically possible and downloading should be allowed after deposit of cost of
Tender Documents.
c) Qualifying requirements should be specified in the web advertisement in details so that only
genuine and reliable parties are able to quote.
d) The copies of the advertisements published in the available Newspapers should be kept in the
relevant file along with recording the dates and names of other publication selected for Tender
notice.
e) If less than three quotations are received, process should normally be cancelled and retendered.
However, in case indenting department (officer equivalent to the rank of TAA but not below the
rank of CE) is satisfied that re-invitation is not likely to yield any better result and it is not
reasonably feasible to work with the existing contract/urgent requirement of the materials/jobs, the
offers received (even if less than three) may be considered for opening and further processing. In
case Member /Chairman/Board is TAA, approval of ED of the indenting department may be
obtained to the extent as stated above. However, for response below three bidders, the approval for
acceptance of tender should be obtained from the next higher level authority prescribed in the
delegation, provided the rates are reasonable as to be assessed by TC.
f) For Works / services having estimated value below Rs.25 Lacs, the following may also be
reckoned as Open Tendering.
Tendering has been made amongst all the approved list of vendors (at least four vendors in
Approved List), who are considered capable by TIA to undertake tendered works/services subject
to condition that the said approved list of vendors has been prepared in most transparent manner by
press advertisement/on line vendor registration. The methodology described under ‘vendor
registration’ of this manual may also be used for such purpose. Such vendors’ list will be
considered valid maximum for a period of t hree ( 3) years from the date of enlistment. Working
vendors’ performance/ rating should also be carried out on yearly basis.
2) Limited Tendering: -
i) Limited tenders shall be issued having estimated value of Rs. 25 lakhs and below, from not less
than ordinarily from four (4) parties from amongst the list of approved vendors / vendor with
proven credential / Manufacturer / authorised agents, dealer or distributor / owner / proprietor
of the firms having proven performance in the past through online method having value Rs.2
lacs & above and for off-line tender shall be issued under Certificate of Posting / Speed Post /
Regd. Post / Courier for purchase/works/services Name of approved venders/parties for LTE is to
be approved by Tender Inviting Authority before floating NIT from amongst the list of approved
vendors / vendor with proven credential / Manufacturer / authorised agents, dealer or distributor
/ owner / proprietor of the firms having proven performance in the past.
ii) All the parties to whom LTE are floated should categorically send their regret in case of non-
participation in the tender otherwise they may not be considered in future for similar item and same
is to be clearly mentioned in the enquiry.
iii) Where there is no approved vendor list / poor vendor list, the following stipulations may be
followed as per discretion of TIA:
a) For small works/procurements/contracts having estimated value up to Rs.2 Lacs, tender/enquiry
may be circulated in internal notice board and by displaying in various DVC establishments.
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b) Tender / enquiry having estimated cost above Rs.2 Lacs and up to Rs.25 Lacs shall be hoisted
in DVC Website with QR apart from circulation and display in various DVC establishments
including direct mailing of NIT to the proven vendors of past and this will be considered as LTE
for the purpose of delegation.
iv) However, for the items of special nature with technical intricacies or for any other reason the
Plant Chief/CE/HOD may decide on the number of parties/venders/agencies to whom LTE will
be issued and in such cases enquiry sent to more than one vendor will qualify as LTE.
v) Limited tender can also be resorted to for estimated values exceeding Rs. 25 Lacs when the
requirement is of special nature with technical intricacies and can be performed by selected vendors
only, or when time does not permit for open tendering. In both the cases reasons for such action
should be recorded in writing and prior approval from TAA is to be obtained. In case of Tender
Accepting Authority ( TAA) is Board/ Chairman, approval of concerned member shall be obtained.
The cases of acceptance of single response to the limited tenders will be treated as per DFP in
this regard.
g) Single response against limited tender to be in general retendered with modified QR (in case of
limited tender hoisted at web site with QR) except urgencies certified by the indenter not below the
rank of HOD/HOP/CE and to be treated as single tender against Limited Tender as per delegation of
financial power provided the rates are reasonable and to be assessed by TC. However, for response
below three bidders, the approval for acceptance of tender should be obtained from the next higher
level authority prescribed in the delegation if not otherwise specified.
3) Single Tendering:-
i. Single Tendering shall be done by inviting offers from single source/vendor, which may be the
OES/OEM/PSU, or on the basis of proprietary article certificate or on the basis of source
standardisation or on the ground of urgency/ emergency. In case of proprietary
items/OEM/OES/Standard Source Basis, certificate to that effect will have to be issued by the
indenter at the appropriate levels in each case. Source standardisation will normally be for a
limited period not exceeding three years and have to be approved by Station Chief/Sr. C.E. /
HOD. The proposal for single tender enquiry on the ground of urgency /emergency should be
approved by tender accepting authority as per DFP in this regard. All projects shall send their
source standardisation list to other projects for their reference documents and a copy of the
same shall also be forwarded to C&M Department (HQ).
ii. In case of multi- source standardisation based on open advertisement/on-line process, the same
will be treated at par with open tender. If the multi-source standardisation is done on the basis of
vendor list/ALS, the same will be treated at par with limited tender.
iii. The materials which are to be procured on single tender propriety basis, the vendor must submit a
Proprietary Article Certificate (PAC) and Price Reasonability Certificate (PRC) stating that the
prices charged are reasonable and the same as being charged to all the Govt. /semi Govt.
Organizations/ PSUs including D.G.S. & D. wherever applicable and shall be submitted along
with the offer with documentary evidence. Where agency commission is involved, the same in
percentage invariably be indicated and in such cases appropriate document/agreement required to
be furnished.
4) Spot/ Committee Purchase:-
In order to meet the immediate requirement, items costing more than 5000/- upto Rs. 2,00,000/-
may be procured by a committee, consisting of indenter/user, finance and Purchase Deptt.. This
can be done only with approval of Project Head/ HOD, and the committee should record the price
reasonability.
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5) Short Tender Notice:-

To exercise the delegated power under relevant DFP for placement of work order, TAA is
empowered to approve issuance of short tender notice with a minimum time limit for 7 days
(inclusive of issue/downloading and submission/uploading both) instead of normal time period
specified in LT/OT on recording the reason for urgency. However, in case of TAA is Board/
Chairman, approval of concerned Member shall be obtained.
6) AWARD OF CONTRACT ON NOMINATION BASIS:
a) The award of contract on single tender basis to the following cases as per DFP shall not come within
the meaning of award of contract on nomination basis:
1) Single Tender on OES / OEM

2) Single Tender on single source certificate (PAC)
3) Single Tender on grounds of emergency
b) Award of contract on single tender basis on any ground other than above as per DFP shall come
within the meaning of "award of contract on nomination basis"
c) The work / procurement which are of routine type, repetitive or frequent or foreseeable in nature,
shall generally be attended through Annual/Periodic Maintenance Contract (AMC or PMC) or
Annual/Periodic Rate Contract (ARC or PMC) to be kept in hand for such type of work by the
process of open tender / limited tender system as per delegation in DFP.
d) Where there is no AMC / ARC or such periodic contract under which a particular work can be taken
up and is required to be taken up on single tender basis on ground of urgency, the concerned
executive (to whom power has been delegated) below the rank of Plant Chief / Chief Engineer shall
obtain prior administrative approval of the work (to be taken up on urgency on single tender basis)
from the Plant Chief / Chief Engineer. In case of Plant Chief / Chief Engineer and above, the prior
administrative approval of the work shall be obtained from next higher authority. If approving
authority is out of station, he should be contacted over telephone / cell phone and verbal
concurrence thereof to be taken which should be followed by confirmation of approval in writing at
the earliest opportunity.
e) The proposal for obtaining administrative approval is to be moved with relevant information in the
prescribed format (as per Annexure – A & B, as applicable). Urgency of the work shall be clearly
spelt out in the proposal
f) The work order/ LOI / LOA are to be issued immediately preferably before commencement of
work. If for any cogent reason, it is not possible to issue the LOA before commencement of work,
the LOI must be issued. Confirmatory LOA must be placed within 15 days of LOI issued. The
work having value less than Rs. 15,000/-, may be taken up on urgency on single tender basis as
usual and is being kept out of the purview of the above policy. Such small valued work shall not
come within the meaning of award of contract on nomination basis. However, efforts shall be made
to minimize such cases by well-planned AMC / ARC.
g) Award of all contracts on nomination basis (falling within the meaning as per above policy)
shall be posted on the Web- site ex post-facto.
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h) Single tender on ground of urgency wherever has appeared in the Delegation of Financial
Power shall be exercised in terms of above paras.
i) Prior concurrence of Finance in all cases to be obtained. However, in case of award of work in
extreme urgency without finance consultation, post facto concurrence to be obtained within a week.
j) The summary of all works awarded on nomination basis as well as awarded on single tender basis
on the ground of emergency shall be placed before the Member (T)/ (secretary) quarterly. , All Plant
Chiefs/Chief Engineers are required to send the summary of all works awarded on nomination basis
as well as on single tender basis on ground of emergency by 10th of every quarter to the Additional
Secretary, DVC positively for onward information to Board. This is incompliance with CVO
guideline.
ANNEXURE-A PROFORMA
(award of work on single tender basis without calling Tender in case of urgency)
1. Description of work -
2. Nature of work -
3. Justification of selection of Vendor -
4. Urgency justification -
5. If work is not executed, the impact Thereof -
6. Justification for execution of work through outside agency -
7. Frequency of this work (Monthly/Half yearly/yearly basis) -
8. Expected time of completion -
9. Financial involvement as per Requirement of manpower
(Skilled/Semi-skilled/Unskilled) with associated tools, tackles & consumables etc.) -
10. Basis of rate reasonability/ cost Justification -
11. Observation of Finance -
Initiated by Recommended by Approved by
ANNEXURE-B PROFORMA
(Procurement of materials on single tender basis without calling tender in case of urgency)
1. Name of materials with specification, Make, etc.
2. Nature of material (Consumable/Normal/Stand by spares)
3. Justification for technical suitability of particular make or specification.
4. Present stock position (including site/floor store)
5. Position of pending order under execution, if any
6. Requirement of materials & expected period of use
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7. Urgency justification of materials

8. Frequency of requirement of Materials (on Monthly/Half Yearly/yearly)
9. Justification of selection of Vendor
10. Justification of price Reasonability
11. Details of last Purchase Order Quantity as well as price
12. Observation of Finance
Initiated by Recommended by Approved by
V SOURCE STANDARDIZATION PROCEDURE
i) For the efficient operation and maintenance of power plant, timely availability of quality
materials at reasonable price is very important. Failure of small items of MRO (Maintenance,
Repair and Operating) Supplies may prove very costly and result in spoiling our very high value
equipment, increasing cost of maintenance and sometime even effecting power generation. For
example, in the area of plant consumable, for almost every item quite a number of cheap products
have been developed and being marketed by various suppliers. Many of them have failed to
provide reliable and consistently good services. We being in power sector cannot afford pre-mature
failures. It is therefore imperative for us to look for quality materials amongst available brands/
manufacturers. Standardization helps us to select reasonably and consistently good quality
materials from the various alternatives available in the market.
ii) As and when user departments feel the necessity of standardizing sources/ makes of certain items
due to difficulties in getting requisite quality materials, they shall initiate proposal for
standardization of source (s) of supply of those items. The proposal shall indicate in details as to
why source/ make standardization of proposed items is necessary. Such proposal needs to be
approved by Chief Engineer/ Head of Unit/Station Chief.
iii) After approval of competent authority to consider source standardization of certain proposed items,
the first step in this direction would be constitution of committee comprising member from User
Department, C&M, Finance, Quality Assurance (If available) who shall be at Minimum level of
M-6. Nomination shall be made by Head of respective department and approved by Chief
Engineer/ Head of Unit /Station Chief. Member from Contract & Materials Department shall be the
coordinator. In case of M-6 level officers is not posted/deployed, M-5 level officers may be
nominated in the committee.
iv) Standardization of different categories of items shall be done on the basis of past experience/ data
available with regard to performance of products of different reputed manufacturers. If felt
necessary committee may consult other power station and allied organisations to obtain feedback in
this regard. Data may also be collected from other reputed power organizations like NTPC, NHPC,
PGCIL, BHEL, GAIL, ONGC etc. The data available from the past open tender (NIT) may also be
utilized.
v) If necessary sources under consideration, who are renowned manufacturers, may be asked to
provide samples or extend the facilities of deputing their Application Engineer alongwith samples
for trial/ discussions with committee members.
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vi) In the process of standardization of sources, if required, committee may recommend for
assessment of suppliers works for technical capabilities, process of quality assurance and
availability of testing facilities, managerial competence, financial strength, turn over etc. In order
to carry out this assessment committee may visit the supplier’s works.
vii) As far as possible, committee shall look for multi- source standardization. However, for some
critical equipment/machinery/spare items and in some exceptional cases, single source
standardization may also be recommended. After assessment of potential sources for
standardization, committee shall prepare the final recommendations which shall be approved by
Chief Engineer/ Head of unit/Station Chief.
viii) Standardization of sources shall be valid for a maximum period of THREE YEARS and be
reviewed/renewed in such a manner that by the time its validity expires, new standardization, based
upon the experience ranging three years period, is duly approved and in place, so as to ensure
smooth procurement.
ix) Issue of tender enquiry to all the sources, in case of multi-source standardization, it shall be treated
at par with open tender for all the purpose.
x) A copy of approval of source standardization for various items must be sent to other power
stations of DVC for their reference or similar action.
xi) Similarly, when details of standardization of items are received from other power station, those
shall be brought to the notice of user department and may consider similar standardization at the
station. This shall provide support to the efforts for source standardization for maximum items.
xii) Some items at power station which can be considered for source standardization : Welding
Electrodes, Packing (both Metallic and Non-Metallic), Fastens, Hand Tools, Cutting Tools and
Abrasives, Surface Coating Materials (Paints etc), Bearings &Accessories, V Belts, Lab.
Chemicals, Stationery items, Office Furniture, Guest House Furniture, Switches, Plug Tops and
Misc. similar materials, lamps, florescent Tubes, Fuses etc. This list is only illustrative and not
exhaustive and many more items can be considered for source standardization (Such as Source
standardization for items like Conveyor Belts, Personal Computers, Reinforcement steel and
structural Steel etc may also be done).
VI. SPLITTING OF ORDER BETWEEN TWO OR MORE AGENCIES
In case of Coal Importation/Transportation, Ash Evacuation/Disposal, Chemicals etc. and the

requisitioned item (s) is/are critical inputs for operation and maintenance of plants, it may
become essential to operate parallel contract (s) to safeguard against chances of one vendor
failing to execute. The same may apply when material /work/ service is urgently required and
single vendor cannot execute entire quantity in time. Under these circumstances need may be felt
to split requisitioned quantity between two or more vendors and operate parallel contracts subject
to the approval of TAA with recording the justification. In case of TAA is Board/ Chairman for
placement of order, approval of concerned member shall be obtained.
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Following procedure shall be adopted:

a) No splitting after opening the bids shall be allowed. Such decision need to be taken at the time of
floating the tenders and a provision in line with following, must be made in the Notice for Inviting
Tender (NIT)
Tendered material(s) are one of the critical inputs for smooth operation and maintenance of
power plants and DVC may enter into parallel contracts with one or more vendors
b) While splitting the requisitioned quantity between two or more vendors, the original evaluated L1
vendor shall always be in advantageous position i.e. quantity between L1and L2 vendors may be
divided in ratio of minimum 60:40 and so depending on capacity of the firm in the industries, time
frame of volume requirement etc. However, if, the two or more bidder (s) quote the same rate and
become L1 also, the whole tendered scope of work/quantity will be equally divided among two or
more such L1 bidder(s) and in that case there is no need to go to L -2 bidder. If such quoting of
equal rates happen at the level of L2, the tendered scope of work/quantity for L 2 bidder as per
provision of NIT/Tender Document will be equally divided among two or more such L 2
bidder(s)/next level bidder (s) as per the procedure established below under serial (c).
c) At first, the evaluated L2 vendor is to be approached or called for negotiation to match their
rates with L1 evaluated price, which may sometimes warrant the matching terms and conditions
also. After obtaining the favourable consent from evaluated L2 vendor, order may be split in
ratio as per NIT.
d) In the event of L2 bidders not agreeing to match L1 rates, possibilities shall be explored with L3, L4
and so on as the case may be in seriatim in an attempt to finalise the tender.
e) In case of no bidder agrees to match the L1 offer rate, placement of total order on L1 or retender for
balance quantity to be decided by TAA on case to case basis.
f) The option of retendering as per discretion of TAA may also be resorted in case of higher rate/cartel
formation. Wherever the scope of work/procurement or bill of quantity is not equally divisible,
minimum indivisible quantity would be taken out for retendering or merging the same with next lot
of tendering. However the said clause shall be clearly mentioned in NIT.
g) In case of placement of order on splitting up of “works/ procurements/ services”, QR to be firmed

up based on the approved maximum quantity / quantity average in case of RC which will be placed
in favour of L1 bidder.
VII ADOPTION PROCEDURE OF VENDORS FOR PURCHASE OF MEDICINE:

In State Govt. Departments, DGS&D and Central Govt. Health Service Department, vendors are
registered with the approved rate of supplies following tendering route. In such cases, DVC may
issue order on such vendors at the approved rate, terms and conditions as accepted by the said
department subject to the following:
a) Consent of the vendor is to be obtained.
b) The documents related to the vendor including rate as accepted by such State Govt. Deptts. /
DGS&D / CGHS duly authenticated by the competent authority of the respective department are
to be obtained.
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c) A Certificate is required to be furnished by the Indenter that there is no downward trend in

prices since the time of Purchase Order / Work Order placed by the aforementioned department
while sending proposal for placement of order on such approved vendor at the accepted rate of the
department.
d) The power for approval in respect of above rests with respective MS/M.O. I/C /DHS as the case
may be as per stipulation of DFP.
VIII ADOPTION PROCEDURE FOR PURCHASE OF MEDICINE FROM GMSD (Govt.

Medical Store Depot)
a) Approval from the competent authority for procurement.

b) Only those items which are listed in the Vocabulary of Medical store (VMS) as announced from
time to time will be procured. DVC would register itself as an indenter for placing indents online.
c) Procurement will be made on a system of advance payment (cost of medicine + 30% of the cost as
transit charges) before delivery of stores.
d) On line placement of indent will be made twice in a year and the representative will be nominated
according to the level of tender committee as stipulated in W&P Manual.
e) Delivery of medicine will be at CMS (Central Medical Stores), Maithon.
f) Respective Hospital will collect the same as per their indent/requirement.
g) Medicines for checking and testing - Medicines supplied by the GMSD are tested by the
Government Agencies. If there is any adverse report regarding deficiencies of any medicine, DHS
will reserve the right to carry out testing from any independent agency of repute.
IX ON IMPORTS
a) Generally, Enquiry will be issued on single Tender basis to P roprietary/(OEM)/ Standard

Source basis provided that the indenter has enclosed a certificate in this regard as per format along
with the indent.
b) The enquiry should contain the full specification of the materials, other terms and conditions in
details to avoid confusion/litigation afterwards.
c) The offer basis shall be FOB/FCA/FAS/C&F/CIF port of shipment or as per other INCOTERMS.
d) The prices shall be in any freely convertible currency such as dollar, Euro, Japanese Yen,
Swedish Kroner, Swiss Frank, Pound Sterling, Singapore Dollar etc.
e) The price should be quoted in rupee if the offer is submitted by the Indian Agent of the foreign
supplier/manufacturer.
f) The prices shall be firm and free from all corrections. The price list of OEM of foreign origin
may be downloaded from the net, if it is available. Otherwise Indian agent may be requested to
provide the same, duly signed and stamped.
g) The offer shall be valid for 180 days or as decided by TIA from the date of bid opening.
h) Offer shall be submitted in English Language only.
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i) Delivery period shall be firm and clearly indicated in the quotation and there must not be any
ambiguity to facilitate opening of LC for a definite period, which is required under the rule. In case
of urgency early deliveries may be requested.
j) Packing shall be transport worthy to ensure safe delivery considering the nature of goods.
k) Name of foreign advising banker, country of origin, port of shipment/ customs airport/Land
Customs Station (as the case may be) should be indicated in the quotation.
l) It is advised that the importations should preferably be made directly from the overseas
manufacturers. Either the Indian agent on behalf of foreign principal or the foreign principal
himself may take part in the bidding process but not both.
m) The Indian Agent will be accepted if and only if they are registered in DGS&D and /or
supplied/worked with Government Department/PSU/Reputed Companies. Indian Agency
Commission, if any, payable by DVC shall invariably be included in the FOB/FCA/FAS/ other
INCOTERMS based Price. Percentage of commission shall be clearly mentioned along with the
name and address of Indian Agent. A copy of agreement with the Indian Agent along with the
DGS&D enlistment certificate and/or certificate indicating that they have supplied/worked with
Government Department/PSU/Reputed Companies to be furnished along with the quotation and, if,
Indian Agent commission is not involved; foreign supplier should furnish “No Indian Agent
Commission” Certificate.
n) In case Indian agent of the OEM supplier, insist on placing PO on another subagent for
execution of the order, it has to be ensured that the said subagent is authorized by OEM.
o) Party shall have to furnish ‘proprietary certificate’ in line with existing PAC & PRC format.
p) The Purchase Order should clearly mention about the requirement of documents incorporating the
updated requirements therein such as, BG/Pre-despatch Inspection Certificate/ country of origin
etc. to be furnished by the Exporter to the Foreign Bank for releasing payment.
q) It should be clearly mentioned as to who will bear the cost of opening and maintenance of LC in
Indian Bank as well as in the concerned foreign bank to avoid confusion.
The full Indian Agency Commission, if any in INR, shall be released to the Indian Agent, within
30 days of receipt and acceptance of materials at the consignees end.
r) The letter of credit shall not allow partial shipments or transhipment normally.
s) The computation of the total value of the sample offer may be made as per the following.
(i) FOB Value : In dollar or in any foreign currency

(+)
(ii) Packing Charges, if any : In dollar or in any foreign currency
(+)
(iii)Freight Charges : In dollar or in any foreign currency/or in Indian currency
(+)
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(iv) Services charges, if any : In dollar or in any foreign currency to canalising agency
(+)
(v) Insurance Charges : In dollar or in any foreign currency/or in Indian currency
(vi) Total CIF price = (i) + (ii) + (iii) +(iv) +(v)

(In dollar or in any foreign currency/or in Indian currency)
~ Rupees (converting in Rupee in the rate of exchange as notified by GOI as per Section 14(3)(a)(1)
of Customs Act. Exchange Rate as on the bid opening date (price part in case of two part tendering)
is to be considered and to be mentioned in the NIT.
(vii) Landing Charges at appropriate % : As applicable at the time of clearance.
(viii) Assessable value : (vi) + (vii)
(ix) Concessional Custom Duty/Customs Duty(i.e. Basic Duty) at appropriate % on (viii)
(x) Counter Veiling Duty (CVD), if any, in appropriate % on{ (viii) + (ix)}
(xi) Special Additional duty, if any, in appropriate % on (viii +ix + x) :
(xii) Total of above : (viii + ix + x + xi)
(xiii) Clearing & Forwarding Charges @ as applicable on CIF prices indicating Inland transportation
charge up to consignee site. :
(xiv) LC opening charge in India:
(xv) Airport/Sea port charges as per their tariff:
(xvi) Destination price = (xii + xiii + xiv + xv):
Note:
a) If any of the item detailed at (ii), (iii), (iv), (v) or (vi) is to be paid in rupees that should be computed
accordingly.
b) Landing Charges rate is 1% of CIF value at present or as applicable at the time of clearance.
c) If insurance cost is not known, it should be taken as 1.125% of FOB price for the purpose of
assessment of customs value.
d) CVD (Counter Veiling Duty) will be equal to the excise duty payable if such goods are produced/
manufactured in India.
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x) PERIODIC/ANNUAL MAINTENANCE CONTRACT (PMC or AMC) OR

PERIODIC/ANNUAL RATE CONTRACTS (PRC or ARC) FOR WORKS OF CIVIL /
ELECTRICAL / MECHANICAL / C&I AS WELL AS IN RESPECT OF OFFICE
EQUIPMENT/COMPUTER/PRINTER/PHOTOCOPIER ETC.:
a) Periodic/Annual maintenance work should be planned well in advance (Six month) for different
areas. If such works cannot be undertaken through departmental employees then a proper
assessment should be made, estimates made, possibility of giving work front etc. checked and then
with the administrative approval of tender inviting authority, NIT may be issued through
Newspapers/websites or limited tenders may be invited depending on departmental estimates among
companies/vendors/contractors having requisite technical, financial, personnel resources etc.
b) Periodic/Annual Maintenance Contract for any works/service contracts to a particular firm

/company/vendor/contractor should be for fixed period (period up to three years but not less than a
year) at a time and subsequently fresh tendering action should be taken 180 days before expiry of
Contract i.e. Indents complete in all respect from the requisitioning/user department shall reach the
C&M section 180 days before expiry of Contract. In the event, fresh contract cannot be concluded
in time and contract is considered essential for the purpose of operation/maintenance then approval
of extension may be obtained as per DFP for/upto one more year.
c) Maintenance Contract for any works/service contracts to OEM/OES may be up to five years at a
time with PV, if any, subject to approval of concerned TAA. In case TAA is Board/ Chairman,
approval of concerned Member shall be obtained. However, Administrative approval from one step
superior authority is to be obtained for TAA below Chief Engineer/ Plant Chief.
d) However in case of hiring of vehicle, period of contract with suitable PV clause may be considered
for initially 1 or 2 years and subsequently fresh tendering action should be taken well in advance. In
the event, fresh contract cannot be concluded in time and contract is considered essential then
approval of extension may be obtained from original approving authority or otherwise specified in
DFP for/upto one more year.
e) If the contractor has submitted BG for Security Deposit cum performance guarantee, the same is
required to get extended accordingly. Alternatively the contractor may submit a new BG and the
earlier BG may be released.
f) Site/Office Maintenance contracts may be entered into rate contract after finalising the detailed Job
specification/description.
XI RATE CONTRACT FOR PROCUREMENT
Identification of items to be covered under the Rate Contract.
a) Items whose requirements are continuous throughout the year and holding of high inventory level
for a long period may not be feasible to optimize inventory cost, shall be covered under Rate
Contract.
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b) Items like Reinforcement Steel, Cement, Office stationeries, Chemicals, Lubricants, Petrol &
Diesel, G.I. Pipes, Medicines, Transportation Welding Electrodes, Packing (both Metallic and Non-
Metallic), Fastens, Hand Tools, Cutting Tools and Abrasives, Surface Coating Materials (Paints
etc), Bearings &Accessories, V Belts, Lab. Chemicals, Office Furniture, Guest House Furniture,
Switches, Plug Tops, Lightening Arresters, Conductors and Misc. similar materials, lamps,
florescent Tubes, Fuses etc etc. may be brought under Rate Contract. This list is only exemplary and
not exhaustive and many more items can be considered for rate contract like Conveyor Belts,
Personal Computers, and structural Steel and other Electrical/Mechanical/ Civil/C&I items/items
used in office/guest house etc.
c) Indents complete in all respect of item from the requisitioning/user department shall reach the
procurement section 180 days before expiry of Contract.
After deciding the items for which RC to be made, sources of procurement may be standardized
using methodology described earlier.
XII PROCEDURE FOR RATE CONTRACT (Work/Services/Procurement):
a) The items which are borne on DGS&D Rate or Running Contract may be purchased through the
DGS&D Stores of standard type, other than those required in small quantities only, which are in
common and regular demand and the prices of which are not subject to appreciable market
fluctuations. The ED(C&M) shall arrange to obtain the latest copies of all the Rate/Running
Contract from the DGS&D from time to time.
b) The ED(C&M) or M-7 level official from C&M Department/Field Formation may be declared as
Direct Demanding Officers for various rate contracts finalised by the DGS&D keeping in view the
requirement, budget availability.
c) On receipt of the consolidated requirements from the various Indenting Officers the ED(C&M) shall
examine if the materials in question are borne on DGS&D Rate Contract.
d) In case of items on Rate Contract, ED(C&M) shall take necessary action for placing the supply
orders through ONLINE system of DGS&D (DGS&D E-portal) directly to the Vendor. 100%
payment shall be made directly by the Order placing authority to the vendor through their concerned
Pay & Accounts Offices within 10 days of issuance of CRAC (Consignee report cum acceptance
certificate) by the consignee & submission of bill by the vendor. Departmental charge of DGS&D is
Nil.
e) In case of single source rate contract, offer may be asked from the party and based on the offer, the
rate contract may be finalised after negotiations, if felt necessary, on the prices and terms and
conditions with the approval as per DFP and laid down procedure of negotiation as discussed
earlier.
f) Before finalisation of rate contract, other projects shall also be contacted / consulted to share
information regarding prices etc. and performance of the vendors.
g) Rate contract may be finalized generally for a fixed period (period up to three years but not less than
a year) and the same may be extended for another year with the approval as per DFP with
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justification of such extension to be recorded in writing. While making such rate contract for three
years adequate measures like variable price etc. may be adopted to take care of the fluctuation in
market price. The rate contract should clearly specify the monetary limit as well.
h) Copies of rate contracts shall be sent to other projects for their information and finalisation of rate
contracts, if any. One more copy of the rate contract shall also be sent to Corporate Materials
Management and published in DVC website.
i) Approval and other guidelines for finalisation of rate contracts will be as per procedure of W&P
Manual or Corporation Order. The Direct Demanding Officers (DDO) as mentioned in RC shall
issue supply order directly to the vendor as per terms & conditions of RC after ensuring fund
provision and keeping supply order quantity within his demand placed before RC Issuing Authority.
j) The supplier thus qualified and L1 may or may not be able to meet the quantity requirement of other
bigger projects.
k) To have reliable and assured supply, the TIA may decide the splitting of the total quantity between
two or three parties provided they match L1 price but the same may be clearly spelt out in NIT. The
further related provision of splitting are covered under serial SPLITTING OF ORDER BETWRRN
TWO OR MORE VENDORS of this Manual.
l) The contractor shall furnish the following certificate to the Paying Authority along with each
invoice/bill against payment for supplies made against the rate contract/any supply order with longer
completion period (more than a year), if the same is placed on firm price basis.
‘I/We certify that there has been no reduction in sale price of the stores of description identical to
the stores supplied to the Govt. under the contract herein and such stores have not been
offered/sold by me/us to any person/organization including the purchaser or any Deptt. of the
Central or State Govt. or any statutory undertaking of the Central or State Govt. or as the case
may be upto the date of bill / the date of completion of supplies against all supply order placed
during the currency of the rate contract at a price lower than the price charged to the DVC under
the contract.’
The concerned dealing Officer/Paying Authority at the same time will check the market price for the
subject item from Newspapers/Journals/Website etc. as to whether there has been any fall in price
during the period of contract and an appropriate action to be initiated accordingly to safeguard the
interest of the Corporation. Necessary price fall clause should be part of special/additional condition
of contract.
m) In case, the TIA apprehends poor response from the prospective vendors for Rate Contract on firm
price basis because of volatile market condition, then the offer may be asked on variable price basis
but not with both i.e. not with firm price and variable price basis simultaneously. “The price basis”
as decided by TIA is to be clearly mentioned in the NIT document itself.
n) In case variable price basis is preferred by TIA in order to get adequate response as per prevailing
market conditions, the NIT/Tender document should specify the applicable PV formula, base date
and with/without ceiling limit. In that case, bids are to be evaluated without loading the ceiling limit,
if any. However, any ceiling limit, if TIA specifically spells out in the bid document, will be used
for the purpose of payment only. The payment of variable component as calculated on the basis of
PV formula will be made on actuals but limited to ceiling limit, if any. If the bids are received with
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“price basis” not as per NIT, the same should be treated as “deviation” in commercials terms and to
be dealt accordingly. Offer may be rejected for non- compliance of above provided necessary
stipulations in this regard has been made in the NIT/Tender Document.
o) The following may also be noted while dealing with procurement of critical items/spares:
i) Certain critical items/spares as decided by plant chief /CE/ PCE may be procured from OEM/OES
only.
ii) Certain other critical items/spares may be procured from reputed/standard vendors after declaring
them as ‘standard source of procurement’ as per source standardization certificate issued by station
chief/HOD/SR.CE.
iii) If a firm does not produce letter from authorized signatory of OEM stating that they are the sole
authorized dealer/distributor/agency, STE on behalf of OEM cannot be given to them.
iv) All endeavours shall be made to obtain the sources with the rates for bought out items from
Turnkey/EPC Contractors before finalization of the order so that sourcing of spares etc. may be
facilitated during post order stage.
XIII Common to both Maintenance Contract (Work/Services) and Rate Contract

(Work/Services/Procurement) as stated above
a) QR is to be finalized as per the procedure stipulated in this manual.
b) It is desirable that during placement of contract, contractual period should be firmed up like one
year or two years etc. & subsequently fresh tendering action is to be taken well in advance so that
no further extension is required.
c) Quantum of QR, cost of tender document & earnest money deposit (EMD) may be considered based
on the average estimated cost of one year of AMC/ARC for more than one year. However, Security
Deposit cum performance guarantee has to be taken on ordered value for total period.
d) TAA will be decided based on estimated cost and offered cost for total period in respect of QR and
tender acceptance respectively.
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SECTION-VI
QUALIFYING REQUIREMENTS
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SECTION-VI: QUALIFYING REQUIREMENTS

I QUALIFYING REQUIREMENTS
1) The Qualifying Requirements (QR) framed shall not be restrictive in nature and shall be widened
to the extent possible and should be consistent and in consonance with quality requirements of
goods/ works and services to ensure maximum participation of the prospective bidders.
2) The purpose of QR is to identify the qualified bidders who are capable of delivering/doing
goods/works/services as per the Specifications/Requirements. QR shall generally be drawn in
such a manner so as to enable adequate participation of bidders to the extent possible. The QR
shall normally include Technical Requirements (both specific to the package and general) and
the Financial Requirements. Qualifying Requirement for technical and financial parameters should
be clearly spelt out.
3) The qualifying requirement is to be prepared on case to case basis by QR committee at appropriate
level, depending on various factors like cost of the package, Technical importance, Time frame for
implementation, Quality plan requirements etc. The primary purpose of QR is to assess the
Financial & Technical capability of the bidders who can deliver/complete the
goods/works/services as per the requirements. QR is required for those contracts, which are to be
finalised through OTE. QR is not required for LTE amongst ALS / vendor with proven credential
and for Single Tender Enquiry. However in case of poor vendor base (less than 4) QR may
be considered for LT through wide publication in e-tendering portal .The vendor/contractor
with proven credential in respect of both procurement/service and works contract is defined as
below:
a) For Procurement:-
i) Vendors whose offers were techno-commercially approved/NIT complaint for supply of the
specified item(s) / spares against open tendering in DVC during last three years or satisfactory
execution of any order.
OR
ii) Suppliers to power utilities in PSUs, other power plant and transmission system equipment
manufacturers in PSUs for similar items(s)/spares.
b) For Works Contract:-
h) Vendors whose offers were techno-commercially approved/NIT compliant for the specified
work(s) against open tendering in DVC during last three years or satisfactory execution of any
order.
OR
ii) Contractors who have successfully completed works in power utilities in PSUs, other power
plant and transmission system for similar work(s).
c) For ARC:-
In order to widen the base of the supplier /contractor for determining qualifying requirement, the
average quarterly projected quantity requirement of all the projects (instead of the total quantity of
all the projects) may be considered by TIA.
4) QR for procurement / works packages / service / ARC on recommendation of QR committee is to
be approved by competent authority.
5) To maintain equity, consistency and better transparency in the tendering process for the services /
works / procurement / AMC / ARC which are common for individual projects, a QR committee
at HQ level to be formed.
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II FINANCIAL CAPABILITY
Average annual financial turnover during last 03 financial years should be at least 30% of the estimated
cost as financial QR for tenders for work/procurement/service having estimated value upto 05 (five)
crore except EPC/corporate package.
However, the following points may be considered for assessing the financial capacity of a bidder
based on their audited accounts in QR for tenders for work/procurement/service having estimated
value above Rs. Five (5) cores/EPC/ Corporate package.
1) Net Working Capital position or Access to credit facilities:
Net Working capital should be considered for the last financial year. Net working capital or access
to credit facilities (unutilised portion) on the date of NIT to be considered is to be arrived by the
formula;
= 3 x Cost Estimate
Completion period in months (completion period less than 01 month to be considered as 01 month)
Net working capital means the difference of sum of current assets and sum of current liabilities.
Current assets means a sum of cash and cash equivalent, current investment, inventories, trade
receivable, short term loan and advances and other current assets. Current liabilities means a sum of
short term borrowings, trade payables, short term provision and other current liabilities.
2) Average annual turnover (AAT)
a) Average annual turnover is to be determined taking into consideration turnover of best 3 financial
years out of last 5 financial years. Other income shall not be considered for arriving at annual
turnover.
b) Average annual turnover (AAT) for the best 3 years out of last 5 financial years for other than EPC
& Corporate packages
= 12 x Cost Estimate
Completion period in month (completion period less than 01 month to be considered as 01 month)
c) Average annual turnover (AAT) for the best 3 years out of last 5 financial years for EPC &
Corporate packages
AAT= f*cost estimate x12

Completion period in month (completion period less than 01 month to be considered as 01 month)
f =1.5 for Civil Package and

1.0 for Mechanical/Electrical/Control & Instrumentation Package
3) Net worth.
Net worth of the bidder as on the last day of the preceding financial year shall not be less than 100 % of
the paid up share capital.
Net worth means the sum total of the paid up share capital and free reserves. Free reserve means all
reserves credited out of the profits and share premium account but does not include reserves credited out
of the revaluation of the assets, write back of depreciation provision and amalgamation. Further any
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debit balance of Profit and Loss account and miscellaneous expenses to the extent not adjusted or
written off, if any, shall be reduced from reserves and surplus.
4) Companies/Organisation under Board for Industrial Finance and Reconstruction (BIFR)/Companies/

Organisation under Debt Recovery Tribunal (DRT)/ Companies/Organisation, who have applied for
Corporate Debt Restructuring (CDR) in last two financial years shall not be considered for bid
qualification. A certificate of practicing Chartered Accountant must be produced by the bidder(s)
that the bidder(s) does/do not fall under the above criteria.
5) For work/procurement/service proposal/tender having estimated value less than or equal to Rs.
One (1) crore will have AAT and for the said proposal/tender having estimated value more than
Rs. One (1) crore and less than Rs. Five (5) crore will have AAT and Net Working Capital
position or Access to credit facilities.
Note: In case where audited results for the preceding financial year are not available,
certification of financial statements from a practicing Chartered Accountant shall also be
considered acceptable.
III TECHNICAL CAPABILITY
1) For works/services up to Departmental estimate (DE) of Rs.25 Lacs:

To be decided by TAA.
2) For works/services with DE above Rs.25 Lacs:
Experience of having completed similar works during last 7 years ending last day of month
previous to the one in which offers are invited should be either of the following:
(a) Three similar completed works each costing not less than the amount equal to 40% of the
estimated cost.
or
(b) Two similar completed works each costing not less than the amount equal to 50% of the
estimated cost.
or
(c) One similar completed work costing not less than the amount equal to 80% of the estimated cost.
Completed works/services means the executed/completed/delivered portion of Work

Order/AMC/RC/Purchase Order, Payment receipt documents with ref. to WO No. and date or
execution certificate with executed value and referred order no. be also considered as a proof of
execution/delivery even if the works/services have not been completed in totality (subject to
furnishing proof of executed/supplied value of works/services in the form of certified copies of
RA Bills) or any relevant documents, which is sufficient to proof the works/services
completed/delivered or to be completed.
“Similar work/services” should be clearly defined in the bid document having due regard to the
work so as to generate adequate competition. Similar nature of work/services, sought for to qualify
for a certain work, incorporated in the NIT shall be clear, unambiguous and specific and there shall
not be any room for divergent interpretation at any stage.
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Any explanation /elaboration added to qualify similar nature of work shall not be supplant but
supplement the same.
3) For EPC/Corporate Package/Procurement:
As set by QR committee based on orders executed in past and experience along with past
performance on similar contract for a minimum period of 2 (Two) years thereof. One year
performance may be considered for new technology.
Note:
1) QR as mentioned above is an illustrative one and may not be suitable for all Periodic Maintenance
Contract/AMC/Works/Services/procurement. QR approving authority is authorised/empowered to
approve the QR to meet the requirements for case-to-case basis so that adequate bidding response
is achieved.
2) QR should be carefully formulated so that capable contractors/agencies are not restricted from
participation in the tender.
IV PROCESS OF QR
a) INITIATION: Dealing officer (Not below the Rank of M3), C&M department, based on the
schedule for preparation of Tender document and NIT for a particular package shall initiate the
‘QR proposal’.
b) INPUT TO DEALING OFFICER (TO BE RECEIVED FROM INDENTING SCTION

ALONG WITH THE INDENT):
i) Schedule for preparation of Tender document and NIT for a particular package
ii) Scope of work of the package
iii) Package list
iv) Source of financing
v) Finance vetted and approved cost estimate as per DFP
vi) Work schedule for the package
vii) Payment terms including advance payments provided for in the latest award for the same/
similar package.
viii) Earlier approved QR of similar package.
ix) Experience List of Reputed Suppliers in the field of subject package
x) Proposed QR shall be drafted by indenting section considering the earlier approved QR for
similar package as the base QR, Scope of subject package and technological changes
envisaged, if any, in the subject technical specification.
xi) Indenting Section shall check adequacy of response in last 3-4 tenders for similar package
with the base QR. If participation is adequate indenting section shall formulate the QR on
the basis of the selected base QR. However, the qualification parameters will be revised
based on package specific requirements.
Indenting section shall tabulate and enclose with draft QR & the actual participation in
tenders in last one year for similar package.
i) If the indenting section finds that general representation, if any, by bidding community,
needs attention the same shall be considered while finalizing the QR/ QR parameters.
ii) Considering the response in last 3-4 tenders, if the indenting section finds that there is a
need for reviewing the QR, following shall be examined:
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1) The qualifying criteria/ parameters.

2) The numbers of qualification jobs and the qualification period.
3) Introduction of additional/ alternate routes if possible.
iii) A comparison of base QR and proposed QR along with changed proposed, reasons for the
same along with the agencies getting qualified shall be annexed to the proposal being put
up for approval of the competent authority.
iv) In case of drafting a QR for a new package for which no base QR can be identified, the
dealing officer may obtain data of qualification from similar tenders of other
organisations and based on the collected data draft a QR considering the following:
1) The relationship (ratio) between the qualification criteria/parameter and the

stipulated parameter in the technical specification for the package, the numbers of
qualification jobs and the time period of satisfactory operation of the qualification
job(s) shall be selected by the dealing officer considering the nature of work in the
package, the experience of parties, technology involved etc. Dealing officer while
framing the above shall keep in mind that:
a) Technical parameters fixed as per package specific requirements.

b) Adequate competition amongst the prospective bidders based on their own
experience & capability or in association with other agencies.
c) Agencies with relevant experience & capability only getting qualified.
2) Adequate number of agencies have the required minimum experience on their own to
meet the basic requirement of qualification for the package.
3) Indenting section may propose additional/ alternate routes if feasible.
v) Financial criteria shall be framed by the dealing officer of C&M department in line with
the guidelines provided elsewhere. The inputs that should be available before framing the
financial parameters are
1) Finance vetted and approved cost estimate as per DFP

2) Work schedule for the package
3) Payment terms including advance payments provided for in the latest award
for the same /similar package.
II FORMATION OF QR COMMITTEE
In order to bring uniformity among the Stations, Projects, Head Quarters, a standing three member
QR Committee has to be formed at each place depending on the estimated cost (without taxes,
duties and freight for procurement and with taxes for work wherever separation is not in
practice or pragmatic) in order to follow a uniform approach for framing of QR and towards
establishing the capability of the Vendor/Contractor, apart from financial criteria for which tender
are invited for.
The members of QR Committee at appropriate level shall consist of one representative each from
User/Engineering/Indenting, C&M Department/Contract cell and Finance Department.
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JULY 2016
Page 44
Sl. No. Item Particulars

1.0 Nomination of A standing Committee to be constituted at Project / Head Quarters for
Standing QR finalization of QR's as detailed below:
Committee.
A) Projects/Stations: - At the level of Dy. Chief Engineer or Equivalent
(M-6) to be nominated and approved by the Head of the Project(HOP)
for Purchase/Contracts/Services estimated value upto Rs. 3 crore .
In the non-availability of M-6 level official, M-5 level official can be

nominated with specific approval of HOP.
Qualifying requirements shall be approved by Committee headed by
HOP (the Chairman of the QR Committee) as per Table -1.
In case of estimated value above Rs.3 crore, proposal to be sent to

concern ED at HQ.
Head Quarters:-
B) For estimated value upto Rs.3crore for HQ tender:
At the level of Dy. Chief Engineer or Equivalent (M-6) to be
nominated and approved by the Chief Materials Manager for
Purchase/Contracts/ Services estimated value upto Rs. 3 crore.
In the non-availability of M-6 level official, M-5 level official can be

nominated with specific approval of above mentioned authority.

concerned Chief Engineer or Equivalent (M-7/M-8) (the Chairman of
the QR Committee) as per Table -1.
C) For O&M & other cases( except EPC &Corporate Package) having
estimated value above Rs.3 crore :-
At the level of Chief Engineer or Equivalent (M-7/M-8) to be
nominated and approved by the Executive Director (C&M) for
Purchase/Contracts/Services estimated value above Rs.3 crore.
In the non-availability of M-7/M-8 level official, M-6 level official can
be nominated with specific approval of above mentioned authority.
concerned Executive Director (Chairman of the QR Committee) as per
Table -1.
D) For EPC /Corporate Package:

At the level of Executive Director to be nominated and approved by the
concerned Member for EPC/Corporate Package Contracts.
In the absence of Executive Director, minimum M-7 level can be
nominated with specific approval of concerned Member.
concerned Member (Chairman of the QR Committee) as per Table -1.
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JULY 2016
Page 45
 EPC Package relates to New/Expansion Project for which tendering is

to be done by HQ and tender acceptance is beyond the financial power
of Member. EPC contract includes Engineering, Procurement and
Construction Contract in same package. This also includes turnkey
contract, lump sum contract involving design, supply,
installation/erection, commissioning, testing etc. in same package.
 Corporate Package relates to Package for which tendering is to be

done by Field/HQ and tender acceptance is beyond the financial power
of Member.
 Power of Tender Acceptance for the above purpose is to be decided on

estimated value of proposal.
2. Modification In the event of modification of QR, in case of retendering, the modified QR

of QR. shall be approved as under.
(i) For estimated value upto Rs.3 crore for Project: The QR which was
originally approved by the committee with HOP as chairman, the
modified (revised) QR, subsequent to release of NIT shall be approved
by the expanded committee with inclusion of the concerned ED as new
chairman of the committee as per Table -2.
(ii) For estimated value upto Rs.3 crore for HQ: The QR which was
originally approved by the committee with chairman in M-7/M-8 level
official, the modified (revised) QR, subsequent to release of NIT shall
be approved by the expanded committee with inclusion of the
concerned ED as new chairman of the committee as per Table -2.
(iii) For O&M & other cases (except EPC/Corporate Package) -
estimated value above Rs.3 crore: For modified (revised) QR,
subsequent to release of NIT, a QR Committee will be formed at the
level of Chief Engineer or Equivalent (M-7/M-8) with inclusion of one
additional Executive Director as per Table -2
Modified Qualifying requirements so finalised shall be approved by

Committee headed by concerned Executive Director (Chairman of the
QR Committee).
iv) For EPC /Corporate Package: For modified (revised) QR, subsequent
to release of NIT, a QR Committee will be formed at the level of
Executive Director (M8/M9/M10) with inclusion of one additional
Member as per Table -2
Modified Qualifying requirements so finalised shall be approved by

Committee headed by concerned Member (Chairman of the QR
Committee).
In case of DFP (OE), QR Committee will be represented by M-6 and M-3 level officials from the constituent
department as per the mechanism given above where approving authority is HOD and HOO respectively.
In the non-availability of M-6 & M-3 level official as stated above, one step below i.e. M-5 and M-2/M-1
level official can be nominated with specific approval of above mentioned authority respectively.
The Committee will consider various other factors, like Indenting/Dealing Officer’s comments on QR in
respect of the particular Indent, Guidelines issued by Corporation/CVC from time to time. Availability
W&P Manual – 2016
JULY 2016
Page 46
of testing facilities and availability of statutory documents like company/society registration

certificate, Service Tax/STRC/VAT Registration Certificate, financial documents as stated above.
The QR should be decided before the NIT is issued for advertisement. Once the QR is fixed and
advertised, it cannot be altered / relaxed. However, in case of poor response, against stipulated QR,
the same may be reviewed and revised by the QR committee as stipulated elsewhere for the purpose of
re-tendering with the objective of getting better response and to maintain transparency
Check list for dealing engineer for ensuring compliance to procedure at the time of formulation of QR:
Sl Checklist Noting By Remark

N Dealing
o Engineer
A Formulation of QR based on earlier approved QR
1. Availability of approved QR for similar package
2. Nos of actual participants in the tender (As per sl no 1)
3. Technical parameters updated as per package specific
requirement
4. List the agencies likely to qualify on their own or through
alternate route separately
5. Reasons for revision in QR with respect to base QR listed in
tabulated form
6. Financial criteria framed in line with the existing guidelines
7. Brief Scope of work, work schedule and finance vetted
estimate attached.
B Drafting a QR for a new package for which no base QR
can be identified
1. Basis of formulation of QR & available qualification data
tabulated
2. List of agencies likely to qualify of their own or through
alternate route separately
3. Financial criteria framed in line with the existing guidelines
4. Brief Scope of work, work schedule and finance vetted
estimate attached.
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Page 47
FORMATION AND APPROVAL OF QR COMMITTEE (Table -1)
Sl. Estimated Value (Rs.) Standing Members Member for Indenter Chairman of Remarks
No. (C&M and Finance) (to be furnished the
[to be nominated along with indent to Committee
through standing O.O by C&M dept. by the
the ED (C&M)/CMM/HOP chairman of the
as the case may be committee)
1. For Purchase / Contracts / Dy. Chief Engineer or Dy. Chief Engineer or Head of the In the non-availability of M-6
Services estimated value equivalent (M-6) equivalent (M-6) concerned level officials , M-5 level official
up to Rs. 3(three) crore project can be nominated with specific
for projects / stations approval of the Chairman of the
except HQ. Committee
2. For Purchase / Contracts / -- -- -- Proposal to be sent to the

Services estimated value concerned ED at HQ
above Rs. 3(three) crore
for projects / stations
except HQ.
3. For Purchase / Contracts / Dy. Chief Engineer or Dy. Chief Engineer or Chief Engineer In the non-availability of M-6
Services estimated value equivalent (M-6) equivalent (M-6) or equivalent level officials , M-5 level official
up to Rs. 3(three) crore (M-7/M-8) of can be nominated with specific
for HQ Tender the indenting approval of the Chairman of the
section Committee
4. For O&M and other cases Chief Engineer or Chief Engineer or The Executive In the non-availability of M-7/M-8
(except EPC and equivalent (M-7/M-8) equivalent (M-7/M-8) Director of the level official, M-6 level officials
corporate package) indenting can be nominated with specific
having estimated value department approval of the Chairman of the
above Rs.3 (three) Crore Committee
5. For EPC / Corporate Executive Director Executive Director of Concerned In the absence of ED, minimum
Package the indenting section Member M-7 level official can be
nominated with specific approval
of the Chairman of the
Committee
Notes:
i) The member of the QR committee of appropriate level shall consist of one representative each from Indenting, C&M
Department, Finance / Accounts Departments and Chairman of the committee.
ii) QR shall be approved by the committee headed by the Chairman of the committee.
iii) For site packages referred to HQ shall be dealt by the respective representing section at HQ as nodal officer.
iv) The above mentioned standing QR committees so formed will remain valid for one year.
Formation of QR Committee for modification of QR (Table - 2)

Sl. Chairman of Committee Additional member in the Remarks
No. Committee
1. Concerned ED for sl. no. Concerned ED as Additional -------

2(i) & (ii) of Modification of member and also the Chairman of
QR the Committee
2. Executive Director for sl.no. One additional Executive Director Chairman of the Additional member in the
2(iii) of Modification of QR as per remarks column Committee committee
ED (operation) ED (project)
ED (project) ED (operation)
ED (system) ED (commercial)
ED (commercial) ED (system)
ED (fuel) ED (operation)
ED (mining) ED (Project)
3. Member for sl. no. 2(iv) of One additional Member as per Member (T) Member (S)
Modification of QR remarks column Member (S) Member (T)
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FLOW CHART OF PROCESS FOR PREPARATION AND APPROVAL OF QR
ACTIVITY INDENTING DEPT.

RESPONSIBILITY
 QR PROFORMA
 PROPOSED QR FOR THE PACKAGE
DEALING OFFICER  PROPOSED QR FOR SUBVENDORS
PREPARATION OF PROPOSED QR IF ANY
 COPY OF REFERENCE QR
OF C&M DEPT.  CHANGES MADE IN PROPOSED QR
W.R.T REFERENCE QR WITH REASONS
REVIEW OF PROPOSED QR  BRIEF SCOPE OF WORK
 SOURCE OF FINANCING
INDENT. DEPT. HEAD  VENDORS LIKELY TO BE QUALIFIED
 FINANCE VETTED & APPROVED COST
ESTIMATE OF THE PACKAGE
PRE QR MEETEING BETWEEN ENGG,  WORK SCHEDULE FOR THE PACKAGE
 PAYMENT TERMS IN THE LATEST
FINANCE & CONTRACTS IF REQUIRED
DEALING AWARDED SIMILAR PACKAGE
OFFICER OF
C&M DEPT.
FIXING UP DATE AND TIME WITH
MEMBERS OF QR COMMITTEE &
INFORM CONCERNED HOD
TO DEALING ENGINEER IN CASE OF NON
OTHER CONCERNED
DEALING HOD IF APPLICABLE
MEETING OF QR
OFFICER OF
COMMITTEE
C&M DEPT.
APPROVED QR
MOM OF QR COMMITTEE TO MEMBER

FOR APPROVAL
W&P Manual – 2016

WORKS & PROCUREMENT MANUAL Sec-VII
JULY 2016
Page 49
SECTION-VII
TENDER DOCUMENTS
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SECTION-VII: TENDER DOCUMENTS
I TENDER DOCUMENTS:
Tender Documents shall contain the following:
i. Invitation for Bid (IFB).
ii. Instruction to Bidder
iii. Qualifying requirement carefully designed to permit entry only to tenderers who possess the
technical, financial & managerial capability to meet the requirement.
iv. General Condition of Contract (GCC) as applicable to the work/ procurement/services under
scope of particular tender/bid.
v. Special Condition of Contract (SCC) Additional/Special terms & conditions, if any
vi. Detailed specification and drawing, wherever necessary.
vii. Quantity & Delivery schedule/scope of work/BOQ/Price Schedule with completion schedule.
viii. Integrity Pact, if applicable.
ix. All relevant formats.
x. Any other document ,if applicable
II. LETTER OF BID:

The format of Letter of Bid will be uploaded during creation of tender in pdf format as a NIT
document. This will be downloaded by the bidder and will be printed/ typed on his letter head.
This document will be signed by the bidder and the scanned copy of the same will be uploaded
during bid submission in Part-I. This will be the covering letter of the bidder for his submitted
bid. The content of the “Letter of Bid” uploaded by the bidder must be the same as per format given
in the NIT/ Tender Document and it should not contain any other information.
III. TECHNO- COMMERCIAL PARAMETER SHEET:
The Techno- commercial Parameter Sheet containing the technical specification parameters for
each tendered item along with bid(tender) parameters/commercial terms will be in Excel format
(password protected) and will be uploaded during tender creation. This will be downloaded by the
bidder and he will furnish all the required information on this Excel file. Thereafter, the bidder
will upload the same Excel file during bid submission in Part-I. The Techno- commercial
Parameter Sheet which is incomplete and not submitted as per instruction given above will be
rejected.
1) All the Commercial terms and conditions of contract like Delivery Schedule, Payment Terms,
Price Fall/Variation Clause, Liquidated Damage Clause, Basis of Pricing (FOR/FOB Terms or other
INCOTERMS in respect of Export/Import Contracts), Risk Purchase Clause, Guarantee/Warranty
Conditions, Performance Guarantee Clause and Inspection Clause etc. will be specifically
mentioned in the NIT/Bid (tender) document. The bidder has to accept those terms and conditions
unconditionally in order to participate in the tender which are to be stipulated as mandatory
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condition of NIT/ Bid (tender) document.

2) The Indenting department will furnish the details of Delivery Schedule, Guarantee/Warranty
Conditions, Applicability of Performance Guarantee Clause and Inspection Clause. The other
Clauses like Payment Terms, Price Fall/Variation Clause (wherever applicable), Liquidated
Damage Clause, Basis of Pricing (FOR/FOB Terms or other INCOTERMS in respect of
Export/Import Contracts), Risk Purchase Clause etc. will be mentioned in the NIT/ Bid (tender)
document as per the provisions of Works & Purchase Manual of DVC. The rate of Entry Tax
applicable for the tendered items is to be mentioned in the NIT/ Bid (tender) document with source
of origin. The applicability of CST (full or concessional) for the tendered items is also to be
mentioned in the NIT/ Bid (tender) document. The General Terms and Condition will be as per
Works & Procurement Manual of DVC and shall form part of the NIT/ Bid (tender) document.
Additional/Special Terms and Conditions of Contract may either be adopted from Optional
Condition of Contract as given in this manual on case to case basis. However, some special
Conditions of Contract may be included in Tender Document by TIA based on approval of QR
Committee to cater the need of any particular Tender Proposal.
IV TECHNICAL SPECIFICATION:
The Indenting department will furnish the technical specification/material specification for each
specification parameter of each item to be procured, in an objective format with the required
evaluation criteria to the Contract & Material department. The format will contain the
specification parameters of the items in a very specific and objective manner which will
facilitate automatic Technical evaluation of the Bids. Based on the above information received
from the indenting department, the Technical (Techno-Commercial) Parameter Sheet in Excel
format (password protected) will be prepared by the official of C&M department (Creator of
Tender) and the same will be uploaded during tender creation.
V PRICE BID:
The Price bid containing the bill of quantity/Price Schedule will be in Excel format (password
protected) and will be uploaded during tender creation. This will be downloaded by the bidder
and he will quote the rates, taxes & duties etc. for his offered items on this Excel file as per
instruction contained in NIT/bid (tender) document. Thereafter, the bidder will upload the same
Excel file during bid submission in Part-II. The Price Bid which is incomplete and / or not
submitted as per instruction given above will be considered unresponsive bid and will be rejected
out rightly. This stipulation is to be mentioned clearly in NIT/Tender Document.
Modification of the submitted bid shall be allowed on-line only before the deadline of submission
of tender and the bidder may modify and resubmit the bid on-line as many times as he may wish.
The bidder may withdraw his bid on-line at any time before the last date and time of submission of bid at
his discretion without losing his EMD. No bidder will be allowed to withdraw or modify the bid after
deadline of submission. The actions which shall be taken in case of withdrawal of bids at different
stages of tender/bid participation are as indicated below:
i. If the withdrawal is on-line within the deadline of bid submission, the EMD will be refunded.
ii. If the request of withdrawal is received after deadline of bid submission and before opening of
Techno Commercial bid, the bidder will be disqualified and his EMD will be forfeited and the
techno commercial bids of remaining bidders will be opened.
iii. If the L-1 bidder withdraws his bid after issue of Purchase/Work Order/LOA/LOI/LOI-cum-
Work Order/Letter of Award, then his EMD will be forfeited and penal action may be taken, and
re-tender shall be done for the items awarded to him. In this re-tender such defaulting Bidder will
not be allowed to participate.
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VI INTEGRITY PACT:
In order to ensure transparency, equity and competitiveness in its procurement and works, DVC
has decided to adopt Integrity Pact. The Integrity Pact (IP) envisages an agreement between the
prospective vendors/bidders and the buyer committing the persons/officials of both the parties,
not to exercise any corrupt influence on any aspect of the contract.
The Integrity Pact shall be applicable for tenders having estimated value of Rs.15 crores and above.
Further, in case of tenders having estimated value of Rs.50 crores and above, the Independent
External Monitors (IEMs) shall be responsible to oversee the implementation of Integrity Pact
objectively and maintaining absolute neutrality as per CVC available guideline in this regard.
IMPLEMENTATION OF INTEGRITY PACT:
1. Integrity Pact (IP) will be applicable for Tenders/Contracts value of Rs.15 crores and above:
2. Following Integrity Pact Clause has been incorporated in the tenders of value Rs.15 crores and
above:
a) “DVC shall be entering into an Integrity Pact with the bidders as per format enclosed vide
Annexure (Y). The proforma has to be returned by the bidder (along with the techno-commercial
bid) duly signed by the same signatory who signed the bid, i.e., who is duly authorised to sign the
bid. Any bid not accompanied by Integrity Pact proforma duly signed by the bidders’ shall be
rejected straightway. All pages of IP to be signed by the bidders’’ authorised signatory who signs
the bid”. In other words, entering into this Pact would be a preliminary qualification.
The format of Integrity Pact is as Annexure (Y) which should form a part of the tender document
of estimated value more than Rs.15 crores.
VII COST OF TENDER DOCUMENTS:

In case of open tendering by press advertisement, the tender documents fee shall be decided on
the basis of estimated value. No cost of tender document is required for LTE (without QR) and
STE. Accordingly, the cost of documents for different categories as under will be regulated as
below.
A. FOR PURCHASE / MISC. WORKS / ANY CIVIL WORKS / SERVICE- CONTRACT / AMC
/ RC
Sl. No. Estimated value of Indent Cost of documents
1. Upto Rs. 25 lakhs Rs.1000/-

2. Above Rs.25 lakhs upto Rs.100 lakhs Rs.2000/-
3. Above Rs.100 lakhs upto Rs.500 lakhs Rs. 7000/-
4. Above Rs.500 lakhs Rs.12000/-
B. FOR NEW PROJECTS / R&M WORKS / RLA STUDIES
Sl. No. Estimated value of Indent Cost of documents

1. Upto Rs.100 lakhs Rs.5000/-
2. Above Rs.100 lakhs upto Rs.700lakhs Rs.10000/-
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Page 53

5. Above Rs.5000 lakhs Rs.35000/-
Small scale industries registered with NSIC shall be issued the Tender documents free of cost subject to
production of the documentary evidence like valid Registration Certificate from Appropriate Govt.
Authority.
Service Provider Fee/Bid participation fee as applicable is to be added along with cost of tender
document which would be reimbursed by DVC to Service Provider. Limited Tender with QR will also
have cost of Tender Document as stated above.
However, Service Provider Fee/Bid Participation Fee in case of Small scale industries registered with
NSIC will be borne by such industries.
VIII EARNEST MONEY DEPOSIT FOR TENDERS:

1) In all cases of open tendering, Earnest Money Deposit shall be applicable and regulated against
individual tender as follows: -
(i) For cases of estimated value up to Rs.5 crores :- 2% of the Estimated Value.
(ii) For cases of estimated value above Rs.5 crores :- 1% subject to minimum of Rs.10 lacs.
2) Earnest Money is not to be insisted in case of single tender enquiry of any value and limited
tender enquiry for packages of estimated value upto Rs.25.00 lakhs. In case of limited tender
enquiry for packages of estimated value above Rs.25.00 lakhs, Earnest Money may be imposed at
above rate at the discretion of TIA.
3) Small scale Industries registered with NSIC shall be exempted from payment of EMD. SSI Units
seeking such exemption must enclose valid registration certificate from appropriate Govt. authority
giving details such as validity, stores, exemption limit, bid threshold value etc.
4) The Earnest Money should be deposited along with the tender, if applicable, as per direction
given in the NIT/Tender Document, and shall be furnished in any of the following forms:
a) E-payment mode has been enabled. The bidders can pay the cost of bid document
and the EMD through electronic mode i.e. credit card/ debit card/ net banking. Provision
for NEFT/ RTGS has also been enabled, moreover in case the bidder who do not
have any credit card/ debit card or net banking facilities, they can use NEFT/ RTGS
facilities for payment by downloading the challan from the web site and submit the same
to nearest bank.
b) Earnest Money for an amount exceeding Rs. 50000 can be submitted in the form of Bank
Guarantee from an Indian Nationalized Bank / Schedule Bank / Foreign Bank (in the
scheduled list of Reserve Bank India), irrevocable and operative till the validity of the
offer as per standard Proforma.
Overseas bidder, in case of participation, is permitted to submit the Bank Guarantee
from Foreign Bank which are included in the scheduled list of Reserve Bank India,
copy of which is annexed in Annexure-F. However, any Foreign Bank not mentioned
here but subsequently included in the scheduled list of RBI in the course of bidding shall
be accepted. Such inclusion of Bank’s name is to be obtained from the website of RBI.
The Bank Guarantee currency shall be same as currency of Price Bid. In case the
bidder arranges to submit BG in INR from Nationalized or Schedule Bank of India
through their trade relation and quote the bid in USD/EURO, the same shall also be
accepted.
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d) DVC Bonds duly endorsed in favour of DVC.
e) Post Office National Savings Certificate, having face value equal to the EMD value and
duly endorsed by issuing authority in favour of DVC.
f) Attested photocopy of certificate issued by DVC as permanent EMD account holder.
g) Pay order/ demand draft in favour of DVC.
5) The offer accompanied by B.G. against EMD will only be considered valid on acceptance of the
Bank Guarantee. The offer not accompanied by specified EMD in proper form as defined in the
Bid Document shall not be considered as valid tender for opening provided necessary stipulations
are made in the NIT.
6) In case it is observed that there is a shortfall in earnest money deposit to the extent of Rs.100/- the
same may be condoned by TIA.
7) The earnest money would be refunded to the unsuccessful tenderers within 15 days of finalisation
of the tender. Earnest Money will be returned to the successful tenderer after receipt of SDBG as
per terms mentioned in the purchase/work order. No interest would be paid against the EM
deposits.
8) Earnest Money deposited is liable to be forfeited without any notice or proof of damage to the
DVC, etc.in the following circumstances:-
a) For failure of tenderers to accept the order / LOI / LOA/NOA placed within the
validity period of their offer,
b) Any bidder withdraws/varies his offer within the bid validity period before finalisation
of the tender.
c) If the bidder does not accept the arithmetical correction of its bid price.
d) For failure to submit security cum performance BG within 30 days from the last day
of the specified time limit as stipulated in the PO/LOI/LOA.
e) If the acceptance of order is not received within the stipulated period.
f) If the Bidder does not withdraw any deviation listed in Statement of Deviations at the
cost of withdrawal indicated by him,
g) If the Bidder refuse to withdraw, without any cost to the DVC, any deviation not
listed in Statement of Deviations but found elsewhere in the Bid,
h) On providing false or incorrect information in respect of qualifying requirement etc.
i) In case the L1 bidder for any item fails to produce the documents within the specified
period as stipulated in W&P manual, or if any of the information furnished by L1
bidder on-line is found to be false by the Tender Committee during verification of
documents.
The above conditions are to be suitably incorporated in NIT/Tender Document.

IX ACCEPTANCE OF BANK GUARANTEE SUBMITTED BY THE BIDDER TOWARDS
EMD/BID SECURITY/BID GUARANTEE:
It has been often experienced that the Bank Guarantee submitted as EMD or Bid Security or as
Security Deposit -cum-Performance Guarantee deviates from the standard format as provided in
the bidding document. While such a Bank Guarantee, with name of work, value and validity
different from that prescribed in NIT/Tender Document shall not be accepted. However, it would
not be prudent to reject a Bank Guarantee with changed text but otherwise meeting the intent
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Page 55
and purpose, as well as other important parameters such as name of work, value and validity etc.
Accordingly, such cases need to be dealt with as described below.
The Bank Guarantee shall not be accepted and bid shall be rejected, if:
a) The name of the NIT mentioned in the BG is different from the NIT for which bids have been
invited.
b) The firm/proprietor, on whose behalf the bank guarantee has been furnished, is different from the
bidder.
c) The Bank Guarantee is not of the prescribed value.
d) The validity of the Bank Guarantee is less than the stipulated period. However, the shortfall, if
any, up to a period of 7 (seven) days, shall be acceptable. Further, an additional shortfall only in
the following cases shall be acceptable:
i. If the dead line of submission of bids and the date of bid opening has been extended, a
shortfall up to the period of extension shall be acceptable.
ii. If the dead line for submission of bids and the date of bid opening has been extended more
than once, a shortfall up to the period of total extension shall be acceptable.
Note :- The Bank Guarantee to be prepared on non-judicial stamp paper of appropriate value
which vary from state to state and time to time. As such no rate has been prescribed. It has to be
verified from the bank.
If the text of the BG furnished by a bidder is at variance from the given in the bidding documents,
the BG shall not be rejected merely on that ground. It shall be examined by the concerned
Purchase Officer/Dealing Officer to ascertain whether it meets the required intent and purpose of
EMD / bid security or Security Deposit -cum-Performance Guarantee. If the BG is not found
acceptable, the bid shall be treated as non-responsive. If the BG is found to meet the intent and
purpose of bid security, despite the variance in text, the concerned Purchase Officer/Dealing
Officer shall obtain the vetting of the same by the legal cell. Thereafter, Tender Inviting Authority
shall approve it for acceptance.
The checklist for acceptance of BG and The formats for BG against EMD/SD/Advance and
extension are given at the end of this manual.
For procurement of vehicle, exclusion of Security Deposit cum Performance Guarantee Clause in
NIT may be considered with the approval of TIA. The custody of the BG. should be with the
concerned Finance (Accounts) Deptt, who in turn will monitor the same and lodge a conditional
claim with the Banker one month in advance before the expiry of the Bank Guarantee. The Finance
Deptt should also send a copy to Engineer in charge and C&M Deptt for extension /disposal of the
BG. If no response is received for extension within the time Schedule, Finance Deptt. should
lodge formal claim against the BG for recovery of the money.
X PERM A NENT E AR NEST M ONEY D EPO SIT :
a) The Tenderer may deposit with the Corporation, permanent EMD of rupees three lakhs only
(Rs.3,00,000) in the form DD/Pay order/banker cheque in favour of Damodar Valley Corporation
payable at Kolkata in INR or BG for a period of three years constituting the same sum as
security for the compliance with the obligation undertaken in the tenders involving estimated
cost upto Rs.1 crore irrespective of no. of tenders. No interest shall be payable on such deposit
amount. Tenderer shall be entitled to submit offers and to have them considered without
payment of EMD with each tender separately. An exemption certificate shall be issued to such
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vendors and they need to furnish reference of this certificate alongwith tender document and also
superscribe the reference on the envelope so that offers are accepted for opening.
b) Permanent EMD deposited by vendors/suppliers shall be forfeited in case they
i) Revoke the tender or increase the rates after opening the tender but during the validity period of
their offers
or
Refuse to accept the order/contract issued as per their offer or subsequent mutual agreements.
ii) Do not execute the orders.
c) Permanent EMD can be refunded if so desired by vendors, in which case they shall be required to
deposit requisite EMD with each tender.
X Tender Document Selling (Open Tender) in case of offline mode:-

a) Tender documents with detailed specification/scope of work for open tenders may be obtained
from the office of the respective Tender Inviting Authority against cash receipt from respective
Finance Deptt. , DVC, or against Demand Draft / Banker’s Cheque in favour of “ Damodar
Valley Corporation or Head of Finance (Accounts) Section of NIT Issuing Station for an amount
equal to value of the Tender documents, on all working days upto 3 P.M. except holiday and the
first and last working day of the month.
b) Prospective outstation tenderers who intend to submit tenders may obtain the tender document by
post, if agreed by TIA, by remitting the prescribed cost of tender document plus additional postal
charge of Rs.100/- in the form of Demand draft / Bankers’ Cheque in favour of “Damodar Valley
Corporation, Kolkata- 54” or Head of Finance (Accounts) Section of NIT Issuing Station . But the
Corporation will not accept any liability for delay in receipt or non-delivery of Tender Forms
dispatched by Post.
XI AMENDMENT OF BIDDING DOCUMENTS:
a) At any time prior to the deadline for submission of bids, the DVC may, for any reason, whether at
its own initiative, or in response to the clarifications requested by the prospective Bidders,
amend the bidding documents except QR after due approval of Tender Inviting Authority.
b) The amendment will be notified in writing/web site or by telephone/fax/e-mail to all prospective
Bidders that have received the bidding documents and will be binding on them. Bidders are
required to immediately acknowledge receipt of any such amendment, and it will be assumed that
the information contained therein have been taken into account by the Bidder in his bid.
c) In order to give reasonable time to prospective bidders to take the amendment into account in
preparing their bid, the DVC may, at his discretion, extend the deadline for the d o w n
l o a d i n g / s e l l i n g / submission/uploading of bids.
d) Any addendum/corrigendum/extension, if required, pertaining to Open NIT published through
press advertisement will be hoisted in DVC website only and will not be published in Newspaper
again. Bidders may be requested to visit DVC website regularly for any
addendum/corrigendum/extension till opening of said NITs. This stipulation is to be incorporated
in the original press advertisement for the NIT.
e) In case of change in technical parameter/ specification/ scope of work, selling/downloading and
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submission/uploading date to be suitably extended.

XII PAYMENT TERMS:
a) General payment Terms:-
The normal payment term of DVC for supply order is ‘100% payment with full taxes & duties
will be made within 15 working days of receipt of material at site and inspection & acceptance
thereof’ or within 15 (fifteen) working days of submission of invoice whichever is later. However,
payment terms for POs placed directly on manufacturer may also be done as below:
1) 90% of the ordered value to be paid against despatch documents through bank subject to
acceptance of SDBG, if applicable. Balance 10% of the ordered value to be paid after receipt of
materials at site and acceptance thereof.
2) Provision of part payment against part supply of consignment at consignee’s end may be
incorporated in Purchase order on the merit of the case (only if the part consignment can be used
independently), provided necessary stipulation is made in the NIT/Tender document.
The payment terms for works/service contract (other than EPC/Turnkey) may be regulated as
below:
90% of contract price for works/service contract against RA bills. This also includes initial
advance, if any and remaining 10% after completion of the contract.
b) Payment for EPC/Turnkey contracts:-
The payment terms for supply and erection & commissioning for any Turnkey contracts may be
regulated as follows:
1) Supply portion only:
i) 70% of the Ex-works price /ordered value of supply (of bough out items) with full
taxes and duties as applicable after adjustment of advance, if any, will be paid against
proof of despatch (viz. R/R, L/R) , detailed invoice / packing list, warranty certificate,
test certificate, insurance policy / certificate, dispatch clearance. 20%of the Ex-works price
/ order value of supply (in case of bought out items) after receipt of the materials and
inspection and acceptance at site. However, for spares, balance 30% shall be paid after
receipt of materials and inspection & acceptance at site.
ii) Remaining 10% after complete erection and commissioning & testing and handing over.
2) Erection & Commissioning:

i) 90% of contract price for Erection & commissioning to be made against RA bills. This
also includes initial advance, if any.
ii) Remaining 10% after complete erection and commissioning & testing and handing over.
iii) In case of EPC or Turnkey Contract, the payment as per approved Billing Schedule (Billing
Breakup - BBU) against the above two cases in terms of stipulation of Contract may be
done. However, the payment made under this condition will be notional only to facilitate
the cash flow for smooth progress and may not reflect the value of actual work
done/material supplied.
c) In case of importation the following payment terms may be considered:

100% of FOB/FCA/FAS/C&F/CIF price etc as stipulated in Purchase Order less Indian Agency
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Commission in Rs, if any, shall be paid against presentation of shipping documents as called for
in the purchase order through irrevocable LC.
d) Advance Payment:
i) Mobilization advance:
1) Advance payment is normally discouraged. In exceptional circumstances, interest-bearing
advance to the extent of 10% of contract price may be given against submission of BG taken
towards security of the advance should be at least 110% of advance so as to recovery of not only
principal amount but also interest portion if so required.
2) The BG wherever applicable should be valid upto the date of completion of works/supply or
extended period completion of works/supply with claim period as per format and acceptance
thereof.
3) Advance should not be paid in less than two equal instalments except in special circumstances
for that reasons to be recorded.
4) A clause in the tender enquiry to be incorporated that the interest free advance would be
deemed as interest bearing advance at a Bsae rate of SBI plus 3.5% if the contract is terminated
due to default of the contractor. However rate of interest should be applied for calculation of
interest on the advance amount in reset basis (i.e. not fixed rate of interest, it may go on
changing during the period of advance remain unadjusted) based on the change of base rate time
to time.
5) Advance should be recovered within the original completion /extended completion time as per
the provision of contract.
ii) Other advance:
Provision for 100% advance (interest free) without submission of BG may also be allowed in
dealing with procurement on single tender basis from CPSU/Govt. controlled autonomous
Organisation / Universities / Laboratories/ Reputed Private Manufacturer as OEM etc.
Specific examples are:
1) Procurement of LDO/FO/HSD/Motor Spirit/Lubricants & Greases from CPSUs like
IOC/HPCL/BPCL.
2) Procurement of Steel from CPSUs like SAIL, IISCO, RINL etc.
3) Procurement of Vehicles from Tata Motors, Hindustan Motors, Maruti Udyog, Hero Hondo,
Bajaj, Enfield etc.
4) Testing/consultancy & other services from CPSUs like CMERI, CMRI, CPRI CFRI, NTPC,
IIT’s, IIM’s, NPC,BSNL, WAPCOS, CWPRS etc. and
5) OEM’s who do not sell their product without advance.
Note:
1) Where a claim of Sales Tax/VAT is preferred and admitted, the supplier must satisfy that he is a
registered dealer under the Sales Tax Act and possesses a Certificate of Registration in the firms
name in which the supply is made and shall in proof thereof, while submitting bills for payment,
furnish the, number, date and other particulars of such certificate.
2) For materials which are ordered on weights/ volume, the payment should be as per measurement
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at DVC’s stores / sites irrespective of the quantity mentioned in the challans / documents, unless
there is explicit provision in the Purchase Order/contracts. If there is 3rd party inspection, in the
above cases, 3rd party inspection charges would be as per Weight/ Volume received at DVC end.
The statutory charges and duties, however, have to be paid on actuals as per documents received
from the vendor.
3) The contractor/vendor shall furnish the following certificate to the Order issuing authority
/ Paying Authority along with each invoice/bill against payment for supplies made against any
supply order/RC with longer completion period (more than a year), if the same is placed on firm
price basis.
“I / we certify that there has been no reduction in the sale price of the stores of description
identical to this item, supplied to any person/organization and such stores have not been
offered/sold by me/us to any person/organization at a price lower than the price charged under
this contract up to the date of this bill.”
Note: Only relevant payment term applicable as per type of package / tender should be included in the
tender/bid document by the TIA.
XII LIQUIDATED DAMAGE:

1) The time remains the essence of all contracts awarded by DVC and all deliverables/work under a
Purchase Order / Work Order needs to be completed within the contractual time schedule.
Therefore, the provision has been kept in the contract that in case of delay in completion, for the
reasons attributable to the contractor, Purchaser or owner (DVC) reserves the right to recover from
the Vendor/Contractor a sum equivalent to 0.5% of the value of the delayed materials / work /
equipment / spares for each week of delay and part thereof subject to maximum of 5% of the total
value of the contract as Liquidated Damage (LD).
2) The proposal for time extension and decision on LD shall, accordingly, contain a detailed analysis
by the indenting/ executing authority indicating reasons & period of delay on each account, as
detailed above, along with documentary evidence thereof to the extent feasible and relevant.
3) In the event of any difficulty in deciding on the imposition of LD at the intermediate stages
(especially in works/turnkey/EPC/lump sum contracts) during execution of any contract,
provisional time extension may be granted with the approval of the competent authority as per DFP
so that there is no problem in accepting delayed supply/works. Such provisional time extension
shall be without prejudice to the right of DVC in levying LD and other rights as per terms of
the contract. However, there shall be no restriction in issuing final extension order at any stage of
the work wherever it is possible to do so.
4) In cases, where the works/supply/services extend beyond the contractual completion
schedule/delivery period and provisional extension order is issued without deciding on the
application of LD, no amount from the RA bill will be withheld in case where adequate retention
amount (over and above SD) remains with DVC as per terms of the contract as per the payment
term stipulated in Contract. In absence of such retention, admissible LD amount on pro-rata basis
as decided by concerned TAA (below CE )/Chief Engineer/HOP (Where TAA is above CE) shall
be withheld from their running bill till final decision on LD is taken.
5) Paying authority should not deduct the L.D. amount directly as the reasons for delay is not fully
known to them. On receipt of materials/execution of contracts after expiry of scheduled delivery
period/time of completion as per the contract, the Paying Authority should immediately clear the
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payment without waiting for formal delivery period / time extension order, withholding (not
deduction) the extent of L.D. amount as applicable and inform the order issuing authority and
indenting officer to resolve/settle the applicability of L.D. clause within a reasonable period
enclosing the Vendor/Contractor’s appeal if any, thereafter the withheld L.D. amount to be
regularized accordingly.
6) Normally the concerned Vendor/Contractor should make an appeal before expiry of scheduled
contractual delivery/completion period to consignee and/or order issuing authority mentioning the
reasons for delay.
7) If the delay is attributable to the vendor/contractor (can be ascertained as per calculation shown in
the forthcoming para) as assessed be the order executing authority, LD Clause shall be
imposed on the vendor/contractor even if the Corporation has not suffered any demonstrable
actual loss for such delay, as it is a pre-estimated compensation only.
8) Equipment and materials will be deemed to have been delivered only when all its components,
parts are delivered. If certain components are not delivered in time, the equipment & materials
will be considered as delayed until such time all their parts/ components are delivered.
9) While finalizing final time extension, if Liquidated Damage is levied in each and every contract
undergoing delay in completion/delivery period, without examining the merit of the case and the
taking relevant aspects into account, such a decision will not only be against the spirit of the
contract but may not ultimately be in the interest of DVC also. At the same time, cases involving
loss/damages to DVC due to delays by vendor/contractor should not be dealt with leniently.
Hence, in order to safeguard the long term and larger interest of DVC, the cases for imposition
of Liquidated Damage need to be dealt with logically and rationally, maintaining consistency in
approach by order executing authority. Accordingly, in the normal course, the cases of time
extension/Liquidated Damage will be dealt with as per guidelines given hereunder.
10) Every delay has a cost. LD is basically pre-estimated loss to DVC in case of delayed
delivery/delayed completion period of work. Damages, with reference to a contract, in the context
of Liquidated Damage, can be defined as the amount adjudged to be paid by vendor/contractor to
the owner (DVC) as compensation for the loss sustained by the owner in consequence of the
breach of contractual obligations pertaining to time schedule. The fundamental principle underlying
the theory of damages is not punishment but compensation.
11) In contract / Purchase Order awarded by DVC delay in performance of the contract / Purchase
Order may be on account of one or more of the following:
(i) Reasons attributable to the owner viz. delay in giving approval of submitted drawings, in
sending Inspector to carry out inspection at vendor’s works, in issuing despatch clearance, in
issuance of road permit etc.
(ii) Reasons attributable to “Force Majeure” conditions as defined in the contract / Purchase
Order.
(iii) Reasons attributable to the Vendor/Contractor viz., delay in the submission of drawings for
approval, in getting the materials from vendor/vendor’s principal/manufacturer in abroad, in getting
the raw materials etc.
12) The proposal for time extension and decision on LD shall, accordingly, contain a detailed analysis
by the executing authority indicating reasons & period of delay on each account, as detailed
above, along with documentary evidence thereof to the extent feasible and relevant. Based on the
analysis, the period of delay due to ‘Force Majeure’ and for reasons attributable to DVC shall be
identified. The idea of the exercise is to find out the net delay, which is attributable to the
vendor/contractor. Experience of LD cases dealt with in the past reveals that the all the three types
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of delay mentioned above are so much mixed up/intermingled, with one running concurrently with
another, at intermittent stages that it becomes extremely difficult to directly identify the delay
attributable to the vendor. As such, a practicable approach for working out the net delay attributable
to the vendor/contractor, as described below, shall be adopted.
i. Total delay that has occurred in a Contract =A
ii Cumulative period of delay on account of “Force Majeure” = B
iii. Cumulative period of delay on account of DVC =C
iv. Concurrent cumulative period in (ii) & (iii) =X
v. Cumulative period of delay on account of “Force Majeure” and DVC= B + C – X
vi. Net period of delay attributable to the contractor, Z = A-(B+C-X)
In case the period Z, arrived at as per Para above, is ngative/zero, the time extension, till the actual
completion of the supplies, shall be allowed without any LD.
In case the period Z, arrived at as per Para above is positive, LD will be imposed as per rate
indicated in the Purchase Order.
XIII RISK PURCHASE:

The Purchaser reserves the right to purchase the material/spares/ equipment or get the service &
works done from elsewhere at the sole risk and cost of the Vendor and recover all such extra cost
incurred by the Purchaser/Owner in procuring the material, services and works contract. The
procedure to be followed is given below.
i) After the expiry of the specified date of delivery/ completion period, a notice should be given to
the vendor for delivering the material/ completion the work immediately.
j) If the vendor fails to deliver the material/ complete the work, a final risk and cost notice is to be
served to the vendor by registered post with A/D/speed post, clearly indicating that if he fails to
deliver the materials/ complete the work within specified period as per condition of contract/W& P
Manual (GCC) after receipt of the letter, the same shall be outsourced/executed from other sources
at the risk and cost of the vendor. Such letter is to be issued with approval of TAA. However in
case TAA is Board or Chairman, approval of concerned member shall be obtained.
k) The existing order has to be closed and action to be initiated for procurement / completion of work
&services of the balance items/ portion. While taking such action the defaulting vendor/contractor
should not be given an opportunity against fresh tender/enquiry.
l) If it is found that price has come on the higher side then the difference between the original
price and the new price will be recovered from the vendor.
m) For the purpose of recovery of the amount, unpaid amount / security deposit/ SD by way of
BG, provided by the vendor/contractor will be adjusted first, if there is any balance left to be
recovered, the Vendor/Contractor should be informed to deposit the money at the earliest.
n) If he fails to deposit the balance amount no further enquiry will be given as per banning procedure.
o) In case the amount is considerable, legal action may be considered by TAA.
p) Alternatively, the Purchaser may short close the Order stating the reason for not resorting to risk
purchase clause in case of exigency with approval of TAA. However in case TAA is Board or
Chairman, approval of concerned member shall be obtained.
In the event of recourse to alternatives as mentioned above, the Purchaser/DVC will have the
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right to re-purchase the stores or complete the work, to meet urgency in requirement caused by
Contractor/Vendor’s failure to comply with the schedule of delivery or completion of the work or
services irrespective of the fact whether the materials /equipment/ work/ service are similar or not
CHECKLIST FOR PREPARATION OF TENDER ENQUIRIES:

The following points are to be taken care of by dealing Officer of C&M department before issuing of
any tender enquiry:-
Item/Work :
Mode of Tendering :
Sl. Description Compliance Remark
No.
1 Description of Work/Item is correctly defined
2 Time Frame is as per W&P Manual
3 Pre bid date provided
4 Cost of Bid Document & EMD Provided
5 Approval for procurement/work obtained as per relevant clause of DFP
6 Evaluation Criteria defined
7 Approval for Deviation from W&P Manual obtained
8 Approval for Estimate & QR available
9 Budget provision exist
10 PAC/OEM/OES or Standardisation Certificate provided
11 Relevant Drawing/ Specification enclosed
12 The quantity & Unit of item mentioned
13 Pre despatch Inspection details provided
14 Delivery period/ Completion time provided
15 Quality Assurance plan is correctly indicated
16 LD clause defined
17 Payment terms defined
18 Value and Period of Performance guarantee provided
19 The Guarantee/Warranty Clause defined properly
20 Price Basis Firm/Variable defined
21 Taxes & Duties defined
22 The details of Contact person provided
23 The TIA contact details along with address provided
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SECTION-VIII
TENDER OPENING & EVALUATION

PROCESS
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SECTION-VIII: TENDER OPENING & EVALUATION PROCESS
I INVITATION FOR BIDS:
Bids shall generally be invited for open tender through publication of the NITs in newspapers /
website, detailing QR along with techno-commercial specification. In case of LT, QR is required
only if there is no approved vendor list/ poor vendor list. In other cases of LT, QR is not required.
II PRE-BID CONFERENCE:
A pre-bid conference, for clarifying the queries that prospective bidders may like to seek in
regard to the provisions of bidding documents and other details shall normally be held within
7(seven) days from last date of downloading/sale closing of tender documents. The firms who
have purchased the bidding documents or intend to participate in the bidding process may attend the
conference. Queries raised by various firms shall be discussed in the Pre-Bid
Conference/Clarification Meeting attended by the representatives of the firms and the TC
Committee. On conclusion of the meeting, Tender Committee shall draw a minute immediately
thereafter, in line with the discussions held during the meeting, clarifications to the written queries
received from bidders, either prior to or during the conference, shall be prepared, along with the
amendments, if any, to the bidding documents, by the TC and same to be placed before TIA for
approval. The same may be incorporated in the bidding documents within three days(within 7 days
for EPC contract) of Pre-bid conference after approval of Tender Inviting Authority and same will
be hosted on Website. The clarification to the bidders along with amendment, if any, on
conclusion of pre-bid conference may also to be issued to all the participating bidders.
All the queries shall be answered clearly and reply in the form of “as per NIT document”
shall be avoided. In case the query is properly defined in the NIT documents then clause no
of NIT document shall be referred.
However, TIA approval of pre-bid conference report is not required where the same is
recommended by higher level Tender Committee i.e. above the level of TIA or TIA is one of the
member of recommending authority. But TIA may take initiative for further action i.e. with regard
to hosting of clarification of pre-bid conference along with the amendments, if any, to the bidding
documents, opening of price bid etc.
A n y modifications of basic technical speciation of the Bidding Documents which may

become necessary as a result of the pre-bid conference shall be made exclusively through an
amended NIT//Tender Documents in website only and not through the record notes of the pre-bid
conference with suitable extension of tender sale period and tender submission period.
Pre-bid conference is found to be helpful in clarifying / addressing various queries / confusion of
bidders which facilitates quick disposal of tender at the evaluation stage. To obviate the possibility
of cartel formation (in case no. of bidders less than three), pre-bid discussion may also be held
with bidders individually, preferably in a conference call mode.
To obviate the possibility of cartel formation, It is also suggested for those NIT/Tender
Documents where the numbers of participating bidders are three or less, pre-bid discussion may be
held with bidders individually
The Bidder or his authorised representative to be invited to attend pre-bid conference before
submitting the offer as per time line stipulated elsewhere in W&P Manual at the following address:
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(Name & Address of the Owner)
Pre-bid conference for LTE (with QR only) may also be allowed at the discretion of Tender
Inviting Authority. If approved, the detailed programme on pre-bid conference should be clearly
mentioned in NIT/ Tender documents.
Any modification of basic technical specification/commercial terms and conditions of the Bidding
Documents as a result of Pre-bid conference in case of Limited Tender Enquiry (with QR) will be
circulated amongst the bidders through the record note of Pre-bid conference by sending letter,
Fax, e -mail.
The three members Tender opening Committee shall be constituted prior to opening of bids.
III TENDER RECEIPT :
a) Off line Mode :

Tender box should be placed in the office of C&M department/TIA at a central, accessible,
secured location with a clear writing “Tender Box” on the face of the box. The box should be
locked and the keys should be kept with the C&M department or authorised representative of
TIA. Tender opening Committee should be present while opening the tender box. In case of more
than one tender has been floated with different opening dates , the tender opening committee will
take out those tenders which are scheduled to be opened on that date and other bids received in
respect of tenders which are supposed to be closed on subsequent date should be kept in the
tender box and lock it properly.
Tenders in duplicate will be received by the authorised representative of Tender Inviting Authority
upto pre-determined time as mentioned in the tender enquiry on the date of opening. Tenders
received after the scheduled time and date, fixed for the purpose, shall not be considered at all
and also Tender Inviting Authority shall not take any responsibility to accept any tender which
are received late due to postal delay.
When tenders are intended to be submitted to the authorised representative of Tender Inviting
Authority in person, tenders sent by courier/Speed Post will be accepted and acknowledged by the
authorised representative of the Tender Inviting Authority (the names & designation of at least
two officers assigned for this purpose are to be mentioned in the bid document). Delayed tenders
shall, however, not be acknowledged and accepted.
b) Off-line/Online mode
However in case of poor response (less than three tenders/bids) the bid opening date may be
extended up to 14 days for one time with approval of TIA. In such circumstances all the bidders
will be suitably communicated through web site only about the extension of down
loading/selling period. However, no further extension will be considered beyond this period in
case of poor response. This clause will be incorporated in tender/bid document.. However, TIA
may allow the opening of the bid in view of urgency or immediate requirement (to be given by user
section/indenter) with proper justification recorded in the file.
Tender submitted/uploaded after extension will be opened and finalisation thereof will be done
on its merit
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IV TENDER OPENING:
Opening of e-tender mode has already been discussed under e-procurement/tendering. Off-line
procedures are discussed below:-
i. The Contracts and Materials Deptt. of the Corporation in DVC Towers, Plant /Field Formations
shall form a tender opening committee, comprising of three officers. The representation of Finance
Deptt. will be compulsory in such tender opening committee
ii. Tender will be opened on the due date and time indicated in the NIT/Tender Document. The
authorized representatives of the bidders may remain present during tender opening.
iii. A tender opening register shall be maintained in the respective departments in a printed format
containing information mentioned above including the date of opening, extension of date, if any,
names, designation and signatures of all the persons present during opening. The bidder’s
representatives who are present shall also sign endorsing their attendance.
iv. Each tender to be numbered serially, initialled and the prices along with the important terms and
conditions like earnest money deposit, performance bank guarantee, integrity pact (if applicable)
discount, if any etc. should be encircled and initialled.
v. Alterations in tenders, if any, made by the bidders shall be initialled legibly to make it perfectly
clear that such alterations were present on the tenders at the time of opening.
vi. Wherever any erasing or cutting is notified in the tenders, the substituted words should be encircled
and initialled and the fact that such erasing/cutting of the original entry was present on the tender
at the time of opening be also recorded.
vii. After opening of the tender, the tender opening officer/committee should prepare an “On the
Spot, Statement” giving details of the quotations received and other particulars like prices, taxes,
duties and EMD etc. as read out during the opening of the tenders. In case the tenderers / bidders
fail to quote the rates in words or in figures, the omission should be recorded by the Officers
opening the tender and in case the tenderers / bidders failed to write the rates/price in words, the
rate in words must be written and authenticated by the members of the Tender Opening Committee.
viii. In ‘Two part bid’ where price bids are supposed to be submitted in a separate sealed envelope by
the tenderer, if any price component in full or in part is exposed and found with its techno-
commercial offers, these bid are to be out rightly rejected and will not be considered as the
submitted tender is not as per the terms of NIT. Price component means “Basic Price”.
ix. In case of “Two Part Bid” system, the price bid part of the tender should be kept separately and
all the envelopes containing the price bids must be signed not only by the members of the tender
opening committee but also by the tenderers’ representatives, present during the opening.
Thereafter, all the envelopes containing the price bids should be put in a bigger envelope and the
same should be sealed, and duly signed by the officers of the tender opening committee and
tenderers’/bidders’ representatives, with name, designation and date.
The Bid opening date, as notified to the bidders through enquiry should be strictly adhered to.
However, in case of unforeseen circumstances or due to administrative reasons, the bids are not
opened on the due date, the same shall be opened on the next working day at the same time
without any further approval.
Tenders will not be opened on due date if the response is less than three, and in that occasion the
matter will normally be put up to Tender Inviting Authority for further decision regarding
extension.
Single tender is also to be opened by TOC.
V Receipt and Opening of Single Stage Bids:-
a) In the single Stage Bidding, the bidders shall be required to submit/upload their techno-commercial
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proposals with prices and EMD/Bid Security/Bid Guarantee, along with QR data and other information
as stipulated in NIT//Tender Documents. Bids so received shall be opened on the bid opening date
in presence of the representatives of the bidders who choose to attend the bid opening. Any late
bid shall not be entertained by the system.
b) Normally extension of time for submission of bids shall not be granted. In the absence of adequate
response (minimum three) within the time limit, TIA may extend for downloading/submission of
bids up to 14 days. However, no further extension with regard to downloading/submission of bids
will be given.
c) There shall be no scope for submission of supplementary price bid after bid opening date.
However revised price bid/ Original price bid/ discount if any, as submitted before the bid
opening date (techno-commercial part) will be considered. In case of submission of more than
one bid by any bidder before opening the bid the last submitted bid will be considered for
evaluation.
d) On the tender opening day, the tender opening committee would open the ‘A’ envelope to check
the contents. If ‘A’ envelope (EMD, Cost of bid document & Integrity Pact) is as per requirement,
then the Techno-commercial part envelope ‘B’ would be opened.
e) Offers failing to comply the conditions of Envelope (A) will be rejected out rightly except for
single stage bidding with 1 (one) envelope.
f) Bidders should submit an undertaking that they have not taken any deviation other than deviation
taken in prescribed form of deviation sheet and cost of withdrawal has been recorded in price bid
and also undertake that any deviation elsewhere except above will be withdrawn unconditionally
without any price implication.
g) Bidders who have not complied all the terms & conditions of NIT/Tender Document and taken
deviation elsewhere than deviation sheet ,will be asked to withdraw unconditionally the deviation
without any price implication within the specific time frame failing which their offers will not be
considered for opening of price bids. This is to be mentioned in NIT/Tender Documents.
h) Price Bids to be opened after acceptance/approval of Techno-commercial part by Tender Inviting
Authority based on the recommendation of Tender Committee, wherever applicable, without further
reference to Finance.
i) The date & time for opening the price part has to be intimated to the techno commercially qualified
bidders over web site. The price part of the bids would be opened at the notified date & time by the
tender opening committee. Authorised representative of concerned bidder may attend the price bid
openings.
j) The price-part, i.e, Envelope ‘C’ or Envelope ‘D’ as the case may be would be opened for the
techno-commercially accepted bidders only based on their submitted information.
k) NIT/Bid Document can stipulate that a bidder can quote on firm price basis or variable price basis
(but not on both), to be mentioned specifically in NIT/Bid Document and each such offer will be
considered accordingly. As far as possible, contract should be entered on “firm price basis”,
while contract on variable prices can be considered as per prevailing practice or on the merit of
such tender to be decided by TIA. As a general principle, no offer involving any uncertain or
indefinite liability or any condition of unusual character should be considered.
l) Whenever offer on variable price is asked, the standard price variation formula along with the
base date should be clearly spelt out in the NIT documents by TIA.
VI PROCEDURE FOR PROCESSING THE TENDERS RECEIVED:
a) Any tender/enquiries related to purchase / works/ project package /turnkey project/ services/ AMC/
transportation/R&M etc, having estimated cost in excess of Rs. One lakh (1,00,000/-) to be
concluded through a Tender Committee. However, while exercising power utilizing DFP (OE), the
same to be exercised through Tender Committee if the estimated cost exceeds Rs. 50,000/-.
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b) All such cases having estimated value less than or equal to the cut off value as indicated above need
not be finalised through TC even if the quoted/offered price of L-1/acceptable bid exceeds the above
said limits. However, reasonability of price is to be recorded as per procedure of W&P Manual and
acceptance is to be done as per DFP.
c) Estimated cost means basic price/rate without taxes, duties and freight for procurement/services and
with taxes for work wherever separation is not in practice or pragmatic.
d) Constitution of QR & TC to be linked with estimated cost without taxes, duties, freight etc or with
tax as the case may be as stated above.
e) Any post award modification, in contract clause having financial implication in excess of Rs. 100
lacs to be processed through TC. Excess quantity, extra item and variation shall be dealt as per DFP
and processing through TC is not required.
f) If the post contract modification involves financial implication less than Rs. 100 lacs, the case to be
processed by the dealing officer and secure approval of award authority as per DFP after obtaining
finance concurrence.
VII CONSTITUTION AND APPROVAL OF TENDER COMMITTEE:
A) The dealing officer/tender inviting authority in HQ, plant/field formations shall take initiation to
form the 3-member tender committee after floating of NIT and approved by respective approving
authority on case to case basis. The tender Committee will be formed and approved by the
respective Approving Authority prior to opening of the tender/ bid.
Tender Committee will be formed as follows.
Sl. Level of Level of TC Nomination of TC Approval of TC Committee

No. Approval (TAA) committee committee
At HQ Project At HQ At Project At HQ At Project
(1) (2) (3) (4) (5) (6) (7) (8)

1. EE/SDE M-1/M-2 M-1/M-2 M-2/M-3 M-2/M-3 M-3/M-4 M-3/M-4
2. SE M-3 M-3 M-4 M-4 M-5 M-5
3. Dy. CE M-4 M-4 M-5 M-5 M-6 M-6
4. Chief Engineer/ M-5 Head of M-6 M-6 M-7 M-7

Principal Chief Section /
Engineer M-5
5. Executive M-6 Head of M-7 M-7 M-7/ M-7/
Director Section / M-8 M-8
M-6
6. Member M-7 Head of M-8 M-7 Executive M-7/
Section / Director M-8
M-6
7. M-7/ Head of Executive M-7 Respective M-7 /
Chairman above Section / Director Member M-8
M-6
8. Board Executive Head of Respective M-7 Chairman M-7 /
Director Section / Member Above
M-6 M-7
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NOTES :
1) The members of Tender Committee at appropriate level shall consist of one representative each
from Indenting, C&M department and Finance/Accounts Department. No separate finance
concurrence is required for such proposal which has been processed through TC except proposal
which requires to be approved at the level of Chairman/Board.
2) In case of approving authority being Board/Chairman/Members/Executive Directors in respect of a
proposal initiated from a project, such proposal is to be evaluated by the level of committee as
mentioned at column-4 at the respective project and to be sent to concerned Executive Director, HQ
along with the recommendation of project/ construction head for acceptance of the proposal.
However, the proposal only to be accepted by Member/Chairman/Board will be further evaluated by
respective level of committee as mentioned in column 3 at HQ before placing such proposal for
approval.
3) All proposals for approval required at a level of Chairman/ Board shall be recommended by
Member concern with the concurrence of Member (Finance).
4) Where requisite level of officers is not posted/deployed, in that case one step below level officers
will be nominated in the committee.
5) Where requisite level of officers is not available for nomination of name in TC committee, TIA may
nominate the same.
6) In case of DFP (OE), TC will represented by as per table above depending upon the designation of
HOD/HOO. Where approving authority is M-1/ M-2 level officers as HOO, TC can be represented
by M-1 with the approval of M-2.
7) If the offer value of L-1 bidder changes the status of TAA to higher level than that of originally
contemplated based on Estimated Value, the level of TC will be changed and approval for
constitution of TC may please be obtained accordingly as per the table given above. However, in
case of changes TAA to lower level, same Tender Committee will continue.
B) Standing level based Tender Committee is to be constituted at Project / Head Quarters for
finalisation of orders/contracts:
(i) Tender Committee at ED level: ED(C&M) and ED (Finance) are fixed and name of the
concerned ED is to be obtained from the indenter alongwith the indent file to constitute the
Tender Committee.
(ii) Tender Committee at CE level: CMM / CE(C&M) & GM (Finance) are fixed and name of
the concerned CE is to be obtained from the ED of Indenter alongwith the indent file to
constitute the Tender Committee.
NOTES:
1. Standing Tender Committee at DCE & below level is not possible. As such, CMM/Head,
C&M will nominate the members in consultation with GM (Finance) /Head of Finance
and Head of Indenting section.
2. CMM/Head, C&M will issue the order for Tender Committee with endorsement to Head
of Finance and Head of Indenting section on publication of NIT. There will be no
Scrutiny Committee. Tender Opening Committee members will be obtained over phone
from the respective departments by the C&M department and will be recorded in the file.
3. Level of TC & TAA shall be guided by existing norms as mentioned in tabular form
above.
C) Meeting of QR Committee & Tender Committee: With a view to speedy disposal of the case
files, the QR Committee and Tender Committee meetings will be held at least once in a week on
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fixed day and time to clear the files as fast as possible. However, in exigencies committee
meetings may be held more than once in a week as would be notified by C&M Department
through mail.
However, this will not be applicable where, tender evaluation by TC is exempted in terms of W&P
Manual.
VIII CONSIDERATION OF PURCHASE PROPOSAL/WORK/SERVICE ORDER

PROPOSAL:
Before recommending or taking decision on a contract proposal, the Tender Committee are to
scrutinize/ check the comparative/ranking statements of the offers prepared vis-à-vis the tenders
received so as to avoid the possibility of any mistake and examine carefully the following aspects
to ensure that the proposal:
1) Brings out the reliability of the firms whether they are registered with DGS&D/NSIC/, and /or
supplied/worked with Government Department/PSU/Reputed Companies etc., for the store as per
the required specification, date on which they are registered and if unregistered or not
supplied/worked with as stated above their capacity/capability based on the report furnished by
technical authority, financial status, etc., as per the departmental rules and regulations.
2) Price reasonability to be analyzed for acceptance of the offer by comparing it as per the
guideline stipulated in REASONABILITY OF PRICES.
3) Give due consideration to the delivery period/ completion schedule offered vis-à-vis the
requirement of the indenter/ proposer.
4) Analyses the past performance of the firm, if they have executed any orders or if they are in the
process of executing any contract(s).
5) While proposing a second order on a firm who has not started supplies/ works against their
earlier order, the total load on the firm should be kept in mind together with their financial
capability as well as the capacity of the firm.
6) Leads to placement of order on firm(s) who have agreed to abide by the Conditions of Contract and
Clauses of Tender Enquiry and that they have not stipulated any abnormal conditions in their
offer (s).
7) Results in placement of order for the imported stores on F.O.B/F.A.S basis or other basis as
stipulated in NIT/Bid Document; for any departure, the proposal is to be condoned by the
concerned Executive Director.
8) Leads to placement of import order on Indian Agents enlisted with DGS&D under Compulsory
Enlistment of Indian Agents Scheme of Finance (as per GOI) and that the amount of agent’s
commission, if any, agreed to between the foreign principals and the Indian Agent is specifically
disclosed and the Agency Commission is paid in Indian rupees only.
9) Considers the possibility to secure supplies and after sales service, etc., on reasonable terms,
directly without the involvement of an agent.
IX SCOPE OF WORK OF TC:
a) Function of TC will commence from pre-bid meeting and after opening of tender if no pre-bid
meeting is there. The scope of work of TC should be to scrutinize/evaluate the tenders received to
find out whether these are complete in all respects and binding on the tenderers. The committee will
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also check all the information related to credentials & techno-commercial parameters as submitted
by the bidders as per stipulation of NIT/Tender Document. TC also record on the technical/techno-
commercial acceptability of the offers and commercial terms to be frozen before opening of the
price bid. The Tender Committee should check and scrutinize the techno-commercial parameter
sheet/Comparative Statement and put their recommendation clearly on the purchase proposal/ final
proposal for works & procurement/services after assessing the price reasonableness of the offer.
Thereafter, the above proposal is to be placed before the TAA for approval. The purchase
order/work order will be placed (issued) after getting the approval of Tender Accepting authority.
b) All the members of TC should furnish the certificate in the tender evaluation report that none of
them as any personal interest in any of the tenderers who have participated.
c) Tender Inviting Authority will monitor the time schedules of different activities for finalization of
tender/contract.
d) The following details/points are generally to be covered / taken care of while preparing Final T.C.
Recommendation for OTE/LTE /STE cases.
1) Scope of Procurement / Purchase Indent / Work/Services Proposal

 Scope of work for Works (Item rate/Turnkey/EPC/Lump Sum) Contract or Services
Contract.
 Approved cost estimate and basis of estimation, wherever available.
 Technical and administrative approval for Works/Procurement Contract.
 Status of Budget
2) Details of Bid Document
 Delivery period/completion schedules.

 Qualifying requirements as per NIT.
 Important bidding conditions, if any, such as Price basis, Payment schedule, Any
other conditions specific to the package (copy of bid document and amendments, if
any, to be placed in the file /annexure).
3) Brief detail of bid/tender Invitation and Techno-Commercial Evaluation Part
 Nature of tender with reasons thereof.

 In case of OTE, details of NIT indicating date of publication in newspaper and
website.
 Period for sale of bid documents.
 Number of agencies to whom bid documents were issued or downloaded from
website.
 Date of last downloading/ sale closing of bid document and the extension, if any.
 Pre-bid conference, if any, indicating date, place and attendance.
 Minutes of meeting of pre-bid conference and resulting amendments/clarifications, if
any.
 Date and time of bid opening
 Date of Validity of Offer
 State total number of offers received and indicate late offer/offers without EMD, if
any
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 Discuss whether all the received offers have enclosed/uploaded/submitted

documentary evidence in support of qualifying requirements as mentioned/stipulated
in the NIT or Tender Document.
 Whether all the offers are in compliance in respect of technical specifications of bid
documents.
 Whether all the QR criteria, commercial terms & conditions as offered by the bidders
are NIT compliant.
 Whether any offer is accompanied by deviation schedule along with withdrawal price
confirmation.
 Detail of Offers rejected, if any, on technical grounds / not meeting specified
QR/Techno- Commercial Parameters or deviated offers without cost of withdrawal
price. The reasons for rejection shall be clearly mentioned
 Number of techno-commercially accepted offers to be recorded.
4) Brief detail of Price Part
 Discuss preliminary examination of all technically accepted offers for arithmetical

errors, completeness of offer and corrected bid price as stipulated in NIT/Tender
Document.
 Table showing all adjustments, withdrawal prices, arithmetical corrections and
ranking of the bidders Identification of L-1 bidder as per bid evaluation process
stipulated in NIT/ Bid document.
5) Price evaluation & discussions on offers.
 Price to be evaluated of offers as per bid evaluation procedure stipulated in

NIT/Tender Document and/or as per “REASONABILITY OF PRICES” of W&P
manual.
 Determination & Assessment of price reasonableness of the lowest evaluated
responsive bidder offer as stipulated in “REASONABILITY OF PRICES” of W&P
manual.
 Proposal for price negotiation with L1 bidder, if required, along with the basis for
Price Negotiation and bench mark price for negotiation.
6) Final Recommendation
Based on above, a comprehensive tender committee MOM is to be prepared.
The recommendation for acceptance/rejection shall be clearly spelt in the final report of TC
before placement to TAA for acceptance. The TC shall not place the report to TAA for part
acceptance. In case of recommendation for rejection the TC shall record the reasons for
rejection.
X EVALUATION PROCESS (ON LINE):-
1) The evaluation criteria shall be clearly defined in the tender documents and each of the bids shall be
examined by the T ender committee as per the defined evaluation criteria only The following aspects
shall be taken care of at the time of evaluation:
a) Qualifying Requirements,
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b) Capacity and Capability,

c) Compliance to technical requirements,
d) Bill of Quantities/Price Schedule,
e) Assignment of Contract and
f) Other Technical and Commercial aspects/deviations.
2) On the pre-scheduled date and time of tender opening, the received Techno Commercial bids
(Cover-I) will be decrypted on-line and will be opened by the 3 member Tender opening committee
constituted with one member from indenting department, C&M Department & Finance department
with their Digital Signature Certificates. All the members of the said committee should have both
signing and encryption certificate. This clause may change as per the requirement of statutory or
Service Provider Guideline. The Techno Commercial bid may be opened on the date and time of
submission of bid on the pre-scheduled date or otherwise.
3) In case the cost of tender document, EMD and other document as specified in NIT/Bid Document
are not received within the aforesaid period, the bid will not be opened or out rightly rejected.
4) The bidder will furnish all the information as sought on-line regarding cost of tender document and
EMD besides submission of Hard Copy as stipulated above will be mandatory in all OTE cases. In
case of exemption of EMD applicable for any bidder, the scanned copy of document in support of
exemption will have to be uploaded by the bidder besides submission of Hard Copy before opening
the tender as stipulated above. (Documentary evidence means document like valid registration
certificate from appropriate government authority giving details such as quantum of exemption, bid
threshold value, validity, stores etc.).
5) After opening of the techno-commercial bid, the acceptance of cost of tender document and
EMD by Tender Opening Committee will be entered on-line as required by the system. Evaluation
sheets generated by the system on-line shall be downloaded during opening of Part-I and shall be
placed before the Tender Committee for authentication.
6) After opening of Part I (cost of tender document, Integrity Certificate as applicable & EMD), the
Tender Opening Committee will validate the receipt of said documents based on the information
furnished by the bidders online and their submitted instruments and the scanned copy of document
in support of exemption of EMD, if any. If the information furnished by bidder online are in
agreement with the submitted instruments then the bidder will be evaluated as eligible for next step.
The qualification in Techno commercial bid will be subject to the receipt and acceptance of the
above stipulated documents.
7) The e-Procurement System will evaluate the Techno Commercial bids automatically with least
human intervention. For this purpose all the required parameters/information will be obtained from
the Bidders in an objective and structured manner.
8) The bidder/s will also submit an affidavit (original) on a non-judicial stamp paper of Rs.10
regarding genuineness of the information furnished by him/them online and authenticity of the
documents being produced by him/them.
9) Bidders will not be required to upload scanned copy of any document or to submit hard copy of any
document for the techno-commercial evaluation process except the scanned copy of Letter of Bid,
affidavit as mentioned above, cost of tender document, EMD, document in support of exemption of
EMD (if applicable), Integrity Pact Certificate (wherever applicable), excel sheet for
technical/techno-commercial evaluation besides submission of Hard Copy of cost of document,
Integrity Pact Certificate (wherever applicable) and EMD before opening the tender. The
information furnished by the bidders on-line along with on-line undertaking with Digital Signature
Certificate in support of the authenticity of the facts, figures, information and documents furnished
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by them online will be accepted for the Techno- commercial evaluation of the bids.
Price Fall/Variation Clause, Liquidated Damage Clause, Basis of Pricing (FOR/FOB Terms or other
INCOTERMS in respect of Export/Import Contracts), Risk Purchase Clause, Guarantee/Warranty
Conditions, Performance Guarantee Clause and Inspection Clause etc. will be specifically
mentioned in the NIT/Bid (tender) document. The bidder has to accept those terms and conditions
unconditionally in order to participate in the tender which are to be stipulated as mandatory
condition of NIT/ Bid (tender) document.
11) The bidders will download this Technical Parameter Sheet and will furnish their values against
each specification parameter and will upload the same Excel file during submission of bid. Based
on the evaluation criteria indicated in the Technical Parameter Excel Sheet, the technical (techno-
commercial) evaluation of the bid will be done by the system with least human intervention and the
compliance report will be displayed to the bidders on-line. Any item may have any number of
specification parameters and any indent may have any number of items but the technical
specification parameters have to be brought out essentially in the above format. The technical
specification parameters to be mentioned in the Technical Parameter sheet shall contain only those
specification parameters, compliance of which are mandatory in nature for the purpose of
procurement and non-compliance of which are not acceptable. Non-compliance of any one
specification parameter of any item will disqualify the bidder in that item.
12) The Technical evaluation of Tenders will be done on-line by the software as per respective
Evaluation Criteria specified in the Technical (Techno-Commercial) Evaluation Excel File specially
designed for obtaining specific information from the bidders and evaluating the same in a
transparent manner so that Bidders will be able to know, whether they comply to the Technical
specification parameters of the NIT/ Bid (tender) document.
13) The participating bidders may view the opening of the Techno Commercial bids remotely on-line.
XI EVALUATION PROCESS (OFF LINE):-
1) Each of the bids shall be examined by the tender committee at appropriate level for following
aspects such as:
(a) Qualifying Requirements,
(b) Bill of Quantities/Price Schedule,
(c) Capacity and Capability,
(d) Assignment of Contract,
(e) Compliance to technical requirements and
(f) other Technical and Commercial aspects/deviations.
2) On the pre-scheduled date and time of tender opening, the received Techno Commercial bids
will be opened by the Tender opening committee.
3) For evaluation of Techno Commercial bids, all the required parameters will be obtained from the
Bidders in an objective and structured manner. Bidders will not be required to submit hard
copy of any document for the evaluation process except the EMD, cost of tender documents,
Letter of Bid, Affidavit by bidder(s), document in support of exemption Technical/Techno-
Commercial Evaluation. The information furnished by the bidders off-line in support of the
authenticity of the facts, figures, information and documents furnished by them will be accepted for
the evaluation of the bids.
Price Fall/Variation Clause (wherever applicable), Liquidated Damage Clause, Basis of Pricing
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(FOR/FOB Terms other INCOTERMS in respect of Export/Import Contracts), Risk Purchase

Clause, Guarantee/Warranty Conditions, Performance Guarantee Clause, Inspection Clause etc.
will be specifically mentioned in the NIT. The bidder has to accept those terms and conditions
unconditionally in order to participate in the tender otherwise cost of deviation to be mention in
specified Form except essential clauses as stipulated in NIT.
5) The bidders will furnish their values against each specification in QR/Technical Parameter Sheet
and will submit during submission of bid. Based on the evaluation criteria indicated in the
QR/Technical Parameter Excel Sheet, the Technical /Techno-Commercial evaluation of the bid
will be done by dealing officer and will prepare the summary sheet based on the excel sheet
submitted by the bidder and same to be placed before TC for evaluation.
6) The Tender Committee will validate offline evaluation based on the information furnished by
bidder off-line.
7) The off-line evaluation sheet shall be authenticated by Tender Committee and shall be kept in the
file.
XII EVALUATION PROCESS (COMMON TO ONLINE/OFF LINE)
1) The first step in examination of bids shall be to ascertain whether the bidders, who have submitted a
substantially responsive bid, generally meet the Qualifying Requirements. The Tender Committee
shall examine all the relevant information in respect of QR of all the bidders and identify the
clarifications or additional data, if any, which may be required from a bidder(s) so as to ascertain
the bidder(s) QR compliance status. Approval of TIA (wherever required) is required for seeking
techno-commercial clarifications and additional data from participating bidders in respect of QR
and bringing out the following details:
(i) Bidders who are not found to meet QR.

(ii) Bidders, from whom clarifications and additional data are required, so as to ascertain their
QR compliance status.
2) Bids from those bidders who are not found to meet the QR shall not be considered further.
3) Further clarification and additional data shall be sought from the bidders identified under (ii)
above and shall be allowed specific time period as deemed reasonable by the Tender Committee
to submit the same with the approval of TIA, wherever required. If a bidder fails to furnish the
required details within the aforesaid period, it shall be deemed that he has nothing more to
supplement the data already furnished in his bid and its bid should be evaluated with the
data/information already submitted/uploaded.
4) Based on the clarifications and additional data furnished by the bidders, the QR/NIT compliance
status of the bidders shall be further examined and the Tender Committee shall put up a note
identifying the following:
(i) Bidders who are observed to generally meet the qualifying requirements and techno-
commercial specifications.
(ii) Bidders who are not found to meet QR.
5) Bids of those bidders who are not found to meet the QR shall not be considered further.
6) If some basic/statutory information are missing from an offer, for example, list of plant and
machinery, details of NSIC registration, copies of statutory license from competent authority / EPF
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Code etc., the Dealing Officer may make a reference to the firm seeking further information
provided soliciting of such information does not amount to revision of the offer. Such references
and clarifications must be made quickly with a target date for reply so that finalisation of the tender
is not delayed. For making such references or accepting a clarification from the firms for such
details, the Dealing Officer does not require approval from any superior authority or any
recommendation of TC.
7) However, the following tenders/bids may be rejected outrightly:
a) Tenders received after the due date and time of tender opening (late tenders);
b) An unsolicited offer, i.e, offers from tenderer other than those asked to quote against
LTI/STI,
c) Offers received subsequently after original offer through open tendering / LTI / STI.
d) It is in the form of Fax/Telex/Telegram/e-mail. However scan copy of offer (non-
editable) through e-mail in case of OEM/OES/PAC/Single Source approved may be
accepted in case of urgency/immediate requirement, to be certified by indenter/user
section. In this case scan copy of NIT/Enquiry (non-editable) should be sent by DVC
through e-mail clearly stating the e-mail address on which the scan copy of offer is to be
sent and the e-mail used by bidder for sending the scan copy of offer should be official
mail of bidder. However, original offer should be obtained at the time of execution of an
agreement.
e) It is from stockist (s) or agent(s) without indicating details of the manufacturer whose
products are offered or without price list of the manufacturer with date and signature.
However, Tender Enquiry redirected by the manufacturer to his authorized
distributor/dealer may be given cognizance provided necessary supporting documents
(like up-to-date pricelist published by the manufacturer, manufacturer’s guarantee for
quality, delivery time etc.) is enclosed with the offer.
f) It is from agents without proper authorization from the manufacturer.
g) It is from agents quoting for imported stores but they are not enlisted with DGS&D;
h) It is not accompanied with Earnest Money in case the firm responding is not registered
with valid NSIC;
i) It is ambiguous with regard to any of the essentials, i.e., the items being offered, prices
quoted, and the period of delivery;
j) Tender samples as required in the enquiry conditions have not been submitted by the due
date
k) In case of the price (Basic Price) component is exposed other than in the price part
8) The Tender Committee recommendation based on evaluation will be made for opening of Price bid
of eligible bidders. The said recommendation will require approval of the TIA, wherever required.
The summary of technical/techno-commercial evaluation with the names of eligible bidders and the
brief reasons for disqualification of unsuccessful bidders (if any) along with the date of Price- bid
opening will be uploaded/ communicated to bidder(s).
9) The TIA approval for seeking clarification/additional data as mentioned in this clause,
technical/techno-commercial acceptance of bid is not required where the same is recommended by
higher level Tender Committee i.e. above the level of TIA or TIA is one of the member of
recommending authority. But TIA may take initiative for further action towards hosting of pre-bid
conference report/clarification/amendments and opening of price bid.
10) Date of Price-bid opening shall be kept at least one day after the date of uploading/ communicated
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of the summary of technical/techno-commercial evaluation.
11) The Price bid of the successful bidders (qualified in Techno commercial bid) will be opened on the
scheduled date and after the pre-scheduled time by the Tender opening committee. The Bidders may
view the price bid opening online remotely or in case of off-line, bidders will be allowed to present
at the time of opening of price bid.
12) After opening of Price-bid the Comparative Statement of Prices indicating the rates quoted by all the
bidders and selection of L-1(depending on evaluation procedure as stipulated in NIT/Tender (bid)
document)) rank will be generated by the system which will be visible to all the participating
bidders on-line. If such selection of L-1 bidder is not possible/feasible by the system in case of
complex/EPC Contract or other contract, the selection/identification of L-1 bidder in such case is to
be prepared by C&M Department/Technical/Contract cell as per evaluation procedure stipulated in
NIT/Tender (bid) document and the TIA is to record such reasons in writing in the file.
13) Accordingly, the Comparative statement manually prepared by the dealing officer or downloaded
system generated Comparative Statement will be vetted and signed by the Tender Committee.
14) The Comparative statement manually prepared by the dealing officer (Off-line) or downloaded
system generated Comparative Statement will be vetted and signed by the Tender Committee.
XIII VERIFICATION OF DOCUMENTS:
1) L1 Bidder/s for each item will have to produce the documents (original/self-authenticated and
attested by Public Notary), as specified in the NIT, in support of the information furnished by
him/them on-line, for verification by Tender Committee on any working day within stipulated time
line as mentioned i n Section IX from the date as communicated by DVC. However, the process of
finalisation of L1 Bidder is to be within stipulated time line from the date of opening of price bid.
No additional time will be allowed to the bidder for producing the required documents.
2) In case the L1 bidder for any item fails to produce the documents within the specified period or if
any of the information furnished by L1 bidder on-line is found to be false by the Tender
Committee during verification of documents, which changes the eligibility status of the bidder, the
following action is to be taken.
“The defaulting such L1 bidder will be liable with forfeiture of EMD with caution letter to refrain
in future and in event of 2nd instances EMD will be forfeited and banning of L1 bidder for one year
from participating in future tenders.”
3) The Tender Committee will recommend for acceptance of tender (offer)/ placement ( issue) of
Purchase/Work Order to the successful bidder/s after evaluating their technical eligibility based
on the computer generated evaluation sheets / manual comparative statement followed by
verification of the documents as per the procedure mentioned above and after evaluation of the
reasonableness of L-1 rates so determined. The reasonableness of rates will be evaluated as per the
provisions of Works & Purchase Manual of DVC and other guidelines issued from time to time.
The approval for acceptance of Offer/issue of Purchase/Work Order to L-1 bidder/s will be
accorded by the competent authority as per Delegation of Power based on the TC recommendation
wherever applicable.
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4) After obtaining the approval of competent authority on tender committee recommendation, the
Work Order/LOA/NOA/Letter of Award/LOI-cum- Work Order/Purchase order to the successful
bidder(s) will be issued and the scanned copy of the Purchase Order will be uploaded on the e-
Procurement portal and/or the original copy will be sent to the bidder(s) through registered/speed
post.
5) The EMD of unsuccessful bidder(s) will be refunded through e-Payment or other mode after
finalization of tender.
6) The system will preserve the details of Techno Commercial bid and Price bid in the archives for
auditing purposes and the same can be accessed with special authorization. In case of off-line, file
will be kept with the dealing officer for any future reference.
7) Power is delegated by the Corporation to condone / waive LD & SD Clauses to the Tender
Accepting Authority as per Delegation of Financial Power and to the Chairman, in case Board is
the Tender Accepting Authority, in respect of the following contracts to be awarded –
i) Against Single Tender Enquiry on OEM / OES / PAC basis/Single source
Standardisation.
ii) For Consultancy /Survey/ Investigation / Study / Testing review etc. against Single
Tender Enquiry / Nomination basis on Govt. agencies including PSUs and Education /
Research Institution.
iii) For procurement of oil (LDO, FO & HSD).
8) TAA (Not Below CEs)/Sr. CEs/PCE are hereby delegated the Power for approval of deviation from
NIT Clauses (other than SD/LD Clauses) like Warranty / Guarantee, Terms of Payment etc. for
above mentioned cases after recording justification for the same.
9) In case of techno-commercial compliance bid based on the information submitted by the bidder is
three or less than three, verification of documents of all the bidders will be done before opening the
price bid of techno-commercially acceptable offer.
XIV BID EVALUATION PROCEDURE (Price Part):

a) Offered bids from any manufacturer will be evaluated in the following methodology. Bids from
other than manufacturer to be evaluated by deleting the respective components which are not
applicable to them, namely, ED, Education Cess/Other Cess, P&F charges etc.
(1) Original Basic Price : Ex-Works Price (Rs.) = Rs ….
(+)
(2) Packing & forwarding charges, if any : ……% on basic price only
(+)
(3) Excise Duty : ……% on (Basic Price + P & F)
(+)
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(4) Education Cess : …… % on ED
(+)
(5) Sales Tax/VAT : .......% on (Basic Price + P & F + E.D.+ Cess )
(+)
(6) Freight : …….% on ( Basic Price + P&F ) or any lump

sum value
(In case the bidder fails to quote any value, ____the bid evaluation will be done on the basis of
highest quoted freight charges by the other bidders.)
(+)
(7) Insurance : ……..% on (Basic Price + P & F + E.D. + Cess + S.T.) or any other value against
documentary evidence or actual premium in case of DVC’s Open Policy (presently it is 0.0112% of
basic price).
(+)
(8) Cost of withdrawal price : As declared by the bidder in Annexure-D

for declared deviation with the Price bid
(+)
(9) Highest quoted price of other bidders, in case the Bidder fails to quote the Mandatory items
alongwith taxes & duties or description of item not as per our specification *
(+)
(10) Type test charge/3rd Party Inspection Charge as per our QAP with applicable taxes and duties, if
any *
(+)
(11) Loss capitalization charges, if any*
(+)
(12) Any Other taxes and duties, such as TOT, Entry Tax, Municipal Tax etc. as applicable **
Total Evaluated Price+ Total of item (1) to (12)
b) In case of independent items, evaluation is to be made item-wise and to be clearly spelt out in
NIT under the evaluation process.
c) The liability of DVC shall be as per actual ED and E-Cess as applicable at the time of despatch,
subject to production of documentary evidence by the manufacturer (bidder). Further the rate of
ED shall be restricted to as applicable within the contractual delivery period only. Increase in ED
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rate, if any due to delay in supply beyond the contractual delivery period shall not be payable by
DVC if the reasons for delay is attributable to the vendor only. However, the benefit of any
decreases in ED shall be passed on to DVC.
d) The Tenders with any condition shall normally be rejected. However, Tenders with conditional
rebates/discounts may be considered, but evaluation will done without taking into account the
conditional rebate/discount for the purpose of evaluation of the bid price. Tender Committee
should specifically draw the attention of TAA to such conditional rebate/discount and to the fact
that the evaluated cost of the Tenders is without considering such rebates/discounts.. If such bidder
remains L1 even without considering the conditions put by them, the conditional rebate/discount can be
accepted only after acceptance/approval of such conditions by TAA. In case TAA is Board/ Chairman,
approval of concerned member will be obtained.
e) Tenders with unconditional rebate can be accepted.
f) For tenders with lot of components/items, if any bidder fails to quote against a particular
component/item or when the quoted item description is not as per NIT, the respective bid will be
evaluated by loading the highest quoted price of that particular component/item of other eligible
bidders. However order to be placed on rate negotiation of the subject item with L-1 bidder.
g) If any bidder offers lesser quantity than the BOQ as stipulated in NIT against a particular
component / item, the respective bid will be evaluated by loading on pro-rata basis.
h) However their capacity to perform the Order/Ensuing Contract by the bidder(s) in above two cases
would have to be evaluated for satisfactory performance.
i) The lines with * mark may be deleted wherever not applicable.
j) ** = {Rate as on date of bid opening to be taken}.However, any subsequent extra liability over the
quoted amount will be borne by agency. The same shall be suitably incorporated in NIT.
k) For manufactured items/goods, bidder may be asked to quote their rates in an explicit way i.e.
break up of prices in the form of Ex-works, applicable taxes and duties, F&I Charges, applicable
taxes and duties etc. F&I Charges are to be paid against documentary evidence only. However, for
bought-out items, bidder may be asked to quote all-inclusive FOR Destination Price only.
l) If a tenderer is exempted from payment of excise duty ED upto any value of supplies, or is
entitled to concessional rate/quantum of ED, and has not stated that no ED will be charged by him
upto the limit of exemption and has not indicated the concessional rate/quantum of ED leviable in
respect of the tendered supplies but has made stipulation like, excise duty presently not applicable,
but the same will be charged, if it becomes liveable later on, the quoted price should be loaded
with the quantum of excise duty with education cess which is applicable on the item as on the date
of bid opening for the purpose of bid ranking.
m) In respect of imported stores, when foreign bids are received in different currencies, conversion
of foreign currency into rupees is to be done taking into account T.T selling rate of State Bank of
India on the date of opening of price bid.
n) In respect of Works/services contract, applicable service Tax with Education Cess (if any),
Building and other Construction Worker Welfare Cess (BOCW) Cess etc. to be loaded for
evaluation of bids, if not specifically mentioned the same in the offer.
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This evaluation method is an illustrative method of evaluation covering comprehensive scope of

work/supply/services. TIA should incorporate the specific evaluation procedure applicable to that
particular tender in NIT/Tender Document depending upon the type of package/tender
NIT/Tender Document should be specific about the bid evaluation method.

XV COMPARATIVE STATEMENT PREPARATION:
a) After the price parts have been opened, concerned dealing Officer of C&M department will
prepare a comparative statement in standard form as devised for the purpose in the off-line mode or
where generation of comparative statement online is not possible/feasible by the system as per
stipulated parameters of NIT/bid document. All the necessary relevant details concerning the offers,
such as, rates, make, delivery, Quantity offered, together with any other information relevant to the
decision of the indenter should be extracted and neatly entered in the comparative statement.
b) The bids shall also be checked for computational error, if any, to arrive at the computed price, as
per provisions of bidding documents. Arithmetical errors will be rectified on the following basis:
i) In case of discrepancy between the original and copies of bid, the original bid will be
considered correct.
ii) If there is a discrepancy between the unit price and the total price, which is obtained by
multiplying the unit price and quantity of any item, or between sub-total and the total price,
the unit or sub-total price shall prevail, and the total price shall be corrected. In such
circumstances the corrected price will prevail irrespective of whatever is written in words.
ii) If there is a discrepancy between words and figures only, the amount in words will
prevail. If there is a mistake in summation, the corrected sum will be considered for all
purpose.
iii) If there is a discrepancy between the quantity specified by DVC in the bidding document
and that indicated by the bidder in his bid, the former shall be taken to arrive at the
computed price.
iv) In case the unit rate of an item is not quoted but the total price is indicated, the same
shall be taken to arrive at the computed price . The computed price arrived at, as
above, shall be considered for the purpose of award also. If the bidder does not accept the
correction of errors, its bid will be rejected.
v) In case there is a mismatch in the quantity & unit between EXCEL sheet (Price part) and
scope of work/ Technical specifications then the details of EXCEL sheet will prevail and
evaluation shall be done on the basis of EXCEL sheet.
(This clause shall be mentioned against evaluation criteria of NIT document))
XVI RANKING STATEMENT:

In addition to the Comparative Statement, a comprehensive Ranking statement should be prepared
in the ascending order of the prices quoted, in all cases where two or more than two offers have
been received. The Ranking statement should be prepared on the basis of the total evaluated price
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XVII REASONABILITY OF PRICES:

1) The Tender Committee has to assess the reasonableness of the offers. The Tenders with any
condition shall normally be rejected. Such Tenders are to be dealt with as per the stipulated
procedure of bid evaluation elaborated under Bid Evaluation Procedure (Price Part).
2) Total amount quoted by valid Tenderer should be compared with the estimated cost put to
Tender duly enhanced by latest cost index, if available, and in absence of related cost indices or
cost indices for the period under consideration, inflation @ 6% p.a. or part there off may be
considered during the period of preparation of estimate to opening of the price bid.
3) There is no need for preparing justification statement, in case the offered price of lowest
bidder is less than the enhanced estimated cost under sl.No.1 plus (+) 10 % thereof. However, for
the acceptance of Tender, remaining provision of Works & Purchase Manual shall apply.
or
Reasonability of the rate of Tenders is to be seen and commented upon by the TC. The
market/justified rate has to be arrived by TC for this purpose taking into consideration the
prevailing market rate based on RBI/ Govt./PSU data. While assessing the reasonability of offered
price/rates, Tender of similar nature of Works placed within about last 3 months may also be
referred to assess the prevailing market rate. Similar works shall mean similar in nature, quantum,
specification and location in the near vicinity. Variation over market/justified rate upto +5% in
total amount can be ignored. However, in case of urgency, if certified by the user/indenting section,
variation upto 10% of revised market cost as above may be allowed for recorded reason.
4) Tenders above the limit of 10% of revised market cost under Sl.No.2 & 3 above, rate should be
approved as per provision of DFP.
5) Negotiated prices also may be examined in a similar way. Justifications while making
recommendation to accept higher prices shall be recorded.
XVIII LACK OF COMPETITION:
Lack of competition exists if the following factors intervene:
1) The number of techno- commercially acceptable offers is less than three.
2) Ring prices have been quoted by all the tenderers (cartel formation);
3) The product of only one manufacturer has been offered by all the tenderers irrespective of the
number of quotations even if the NIT/Enquiry has been floated with an option of multiple
manufacturer;
In case it is observed that there is lack of competition for a particular tender enquiry, the
action may be taken for re-tendering for poor response, and if required may revisit the qualifying
requirement and/or repackage the proposed work/procurement. However TIA may permit opening
of the price bid in case of urgency/immediate requirement (to be given by user section/indenter)
and same to be recorded in file.
XIX POST TENDER NEGOTIATIONS:

1) Approval from tender inviting authority will be required in post-bid negotiation with bidder for
seeking techno-commercial clarification (having no financial implication) and additional
data/clarification from the participating bidders when the price bids are yet to be opened as per the
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procedure elaborated elsewhere in this manual.
2) Negotiations, after opening of tenders, should normally be discouraged. Negotiations vitiate the
sanctity of the tendering system and reduce the credibility of the organisation. Quality becomes
the casualty. Unless some definite evidence is forthcoming to show that the prices/rates received
are unreasonably high, negotiations should not be resorted to at all.
3) In general, there should not be any price negotiations. Price negotiations if at all shall be an
exception and only in the case of proprietary items or in the case of items with limited source of
supply or in cases where TC so recommends. Counter offers tantamount to negotiations and should
be treated at par with negotiation.
4) Negotiations can be recommended by Tender Committee in exceptional circumstances only after

due application of mind and recording valid, logical reasons justifying negotiations.
5) In case of inability to obtain the desired results by way of reduction in rates and negotiations prove
infructuous; satisfactory explanations are required to be recorded by the committee who
recommended the negotiations.
6) The tender committee shall be responsible for lack of application of mind in case its negotiations
have only unnecessarily delayed the award of works/contract. In case of L1 backing out, there
should be retendering.
7) In the above backdrop, price negotiation with L1 bidder can be taken up with the approval of one
step superior than the Tender Inviting Authority. If the tender inviting authority is CMM/Plant
Chief /Sr. CE/CE/HOD approval for price negotiation with L1 bidder may be obtained from
them without going to one step superior. However, said approval for holding negotiation is not
required where the same is decided by higher level Tender Committee (consisting of CE level and
above). But TIA may take further action for arranging and facilitating Negotiation meeting.
8) In all cases negotiation will be conducted by respective level based TC.
XX EXTENSION OF VALIDITY OF OFFERS:

1) All efforts should be made to ensure that the contract finalization decision is taken as early as
possible and within the original validity period of the tenders. The tendency to request the tenderers
to extend the period of validity of offers should be avoided. This is of considerable importance, for,
apart from the delay which would invariably occur in covering the demand, and thereby cause
delay in the receipt of stores by the consignee/ delay in completing a specific work, there is also a
risk of the firms refusing to accede to the request for extension or the firm withdrawing the
offers, or extending the offer with revised rates, all of which might lead to avoidable
expenditure.
2) In cases where seeking extension of the offers becomes inevitable, action should be taken up 8
to10 days in advance of the expiry of offers and the letter asking for extension should be issued
to all the firms at least one week in advance with approval of TIA.
3) Tenderers whose quotations cannot be considered otherwise for obvious reasons such as
unsatisfactory capacity report, late / delayed tender / technically/techno-commercially rejected,
should not be requested for extension of their offers.
4) However, after opening of Price Bid and identification of L-1 bidder by TC, the extension is to be
sought from L-1 bidder only.
5) The letter seeking extension of offer should be issued under Postal Certificate/Speed Post in
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order to avoid any complaints from the firms that they have not received such letters. For this
purpose, the acknowledgement of letters sent under Postal Certificate/Speed Post should be
placed in the relevant case file. Fax/E-mail can also be used for this purpose and relevant
documents be placed in the file.
6) While submitting the purchase proposals / works proposal, it is essential that the date upto which
the offers are open/have been extended should be indicated clearly in the purchase proposals /
works proposal so that the final decision on the purchase proposals/ works proposal is taken at the
appropriate level within the validity period. In cases, where the offers have been extended due to
inescapable reasons, the fact must clearly be stated in the purchase proposal/works proposal as
under:
“Original validity period of tender expired on………….Tenderers requested to extend the offers
upto……………This is first extension, second extension, third extension etc.”
7) When purchase proposals / works proposal are submitted after extension of offers, it should be
mentioned therein that such and such firms have not agreed to extend the offers and have not been
taken into consideration, such and such firms have agreed to the extension proposed and
confirmations from such and such firms are yet to be received.
XXI OFFERS WITH SHORTER VALIDITY:

An offer whose validity is shorter than the validity period asked in the NIT and when price bids
are yet to be opened, bidder may be persuaded to accept the NIT stipulation in this regard. In case
of non-compliance even after persuasion, bid may be considered valid at the discretion of TIA.
XXII POST TENDER REVISION / REVISED PRICE BIDS /SUPPLEMENTARY PRICE

BIDS:
Post tender revision will not be entertained in general.
Invitation of Revised Price Bids, if found necessary by TIA, can be exercised for 2-part tendering
only when original price bids are yet to be opened. However, invitation of supplementary price
bids for items/components of a package (for which none of the techno-commercially accepted
bidders quoted for this in the original offer) may be considered. The Tender Committee should
record/recommend the circumstances leading to such invitation of Revised Price Bids/
Supplementary price bids. Thereafter the same has to be approved by Tender Inviting Authority.
Once approved by the Tender Inviting Authority, this option has to be extended to all the techno-
commercially accepted bidders only.
Moreover, the firms whose techno-commercial bids have been evaluated, keeping their price bids
in sealed condition, but found not to meet qualification criterion/NIT terms & conditions are to be
intimated for rejection of bids along with the return of the unopened price bid (off line mode).
XXIII TENDERS FROM AGENTS OF INDIAN MANUFACTURERS:
The consideration of tenders from authorized agents/distributors/dealers of Indian manufacturers
will be governed by the following guidelines:
a) If the tender is made by an authorized agent / distributor/dealer who is not registered with DVC,
the dealing Officer would see whether he has furnished the following documents.
i) An authenticated copy of the written agreement between the manufacturer and the firm by which
the latter has been appointed as authorized agent/distributor/dealer.
ii) An undertaking from both the manufacturer and the tendering firm (Agent/ Distributor/Dealer).
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For the same tender, both manufacturer and Agent/Distributor/Dealer cannot take part
simultaneously. However, the authorized Agent/Distributor/Dealer can represent for products of
other manufacturer.
b) When considering the offers from authorized agents, care must be taken to examine the agency
agreement, particularly with regard to:
i) The period for which the authorized agent is appointed.

ii) The agent have the authority to enter into agreements and to sign contracts for supply of
stores/equipment/product on behalf of the manufacturers.
iii) Similar exercise has to be done for distributorship/dealership for supply of
stores/equipment/product on behalf of the manufacturers as mentioned above in serial i) and ii).
c) In case where the manufacturing firm happens to have been banned / suspended by DVC/ PSU/
Government Body/ Department/ Nodal Ministry of DVC, the offer of the authorised
agent/distributor/dealer shall not be considered.
XXIV DELIVERY PERIOD CONSIDERATION:

No weightage should be given for early delivery of goods/early completion of works than that
mentioned in the NIT/Tender Document. In case any bidder offers belated delivery/ completion
schedule for 2-part bid, there may be option to pursue the bidder to match the delivery clause/
completion schedule of NIT, provided same has not been declared in deviation schedule by the
bidder. Date of delivery is to be reckoned as the date of receipt of materials/goods by the
consignee. However In case of ex- works basis, the delivery date will be considered as per date of
date of consignment note.
CHECKLIST TO BE SENT BY TENDER COMMITTEE TO TAA
Indent for spares & consumables has approval of competent authority as Yes/No/NA
1. per relevant DFP provision/MANUAL
Indent for Capital item accompanied by a copy of updated sanction order. Yes/No/NA
2.
Indent is placed in prescribed Form with all columns duly filled in.
3. Yes/No/NA
Budget provision indicating specific head of expenditure in the year of
4. effecting delivery is confirmed. Yes/No/NA
P.A.C./O.E.S or O.E.M/source standardisation certificate is furnished by
5. competent indenting authority for single tender procurement.
Yes/No/NA
B.U.S. concurrent with the indent containing information on last 3 years
6. consumption, stock position, pending indent & P.O. and rate & source of last
purchase with P.O. reference, is furnished.
Yes/No/NA
Initial or first time procurement against replacement of spares & capital item
7. should not be stated as ‘New Item’ unless it was never put to use.
Yes/No/NA
Ordering quantity fixed in excess of average annual consumption with due
8. weight age on stock position, indent and P.O. in live and procurement lead
time is as per justification furnished by I.O.
Yes/No/NA
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Indent for new item is properly justified by I.O. along with the Utilisation
9. Certificate. Yes/No/NA
Whether indigenous source development is explored in respect of import of
10. spares or capital goods. Yes/No/NA
Last purchase rate of overseas P.O. is given in foreign currency for a
11. meaningful price comparison along with source of last supply.
Yes/No/NA
Expected residual life of the item proposed for purchase and presently under
12. operation vis-à-vis prescribed life of the new one reasonably assessed and
recorded. Yes/No/NA
High value purchase proposal contain it’s Utilisation programme, preferably
13. within warranty period. Views of concerned Director on this score obtained. Yes/No/NA
Proposal for procurement of improved version over the existing one is
14. properly justified with reference to its optimum utilisation and cost benefit Yes/No/NA
aspect and availability of trained man-power with obsolency certificate as
per authority delegated in Manual.
Exact technical specification matched with requirement of user section for
15. computers and other product where technology is fast changing is settled
before issuance of NIT and recommended, offer strictly in conformity with
NIT is confirmed. Yes/No/NA
Recommendation as to technical acceptance of offer obtained from I.O. / his
16. representative in TC. Yes/No/NA
17. Price reasonability of analysed and commented upon.
Yes/No/NA
Purchase proposal is placed after settlement of all deviation in techno

18. commercial part of the offer as per NIT terms. Yes/No/NA
Availability of surplus stock in other projects is checked and considered in
19. fixing the ordering quantity. Yes/No/NA
In case of L.T.E. updated vendor base is considered.
20. Yes/No/NA
Vendor’s behaviour is duly considered in recommendation for waiver of
21. security deposit and L/D clause. Yes/No/NA
Price implication of commercial terms & conditions of all the offers are
22. evaluated on equal platform and considered in the comparative statement
Yes/No/NA
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SUMMARY SHEET OF PROPOSAL PLACED AT TC (AT HQ ) BY FIELD TC
1. Project Details with justification
a) Name of the Project :

b) Scope & work :
c) Initiating Deptt. / Section with date of initiation:
2. Departmental Estimates
a) Amount :
b) Basis :
3. Sanction Order :
Whether financial sanction obtained: Yes/No

4. Budget Status : Budget Provision exists in
a) B.E. ……………..
b) R.E. ……………..
c) Remarks, if any :
5. Tendering :
A. SINGLE TENDER :
(a) Reasons for Single Tendering :
(b) NIT Details :

i) Date of NIT :
ii) Date of Opening :
iii) TIA :
iv) DFP Serial :
v) Remarks, if any :
(c) Other Details :

i) PSU :
ii) Emergency :
iii) Urgency :
iv) Any other :
B. LIMITED TENDER ENQURY :

(a) Reasons for Limited Tendering :
(b) election Mode :
i) Approving Authority :
ii) From Approved Vendors :
iii) From known vendors :
iv) From others :
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(c) NIT Details :

i) Date of NIT :
ii) Date of Opening :
iii) TIA :
iv) DFP Serial :
v) Web publication, if any :
vi) Remarks, if any :
(d) No. of bidders invited
(e) No. of bidders responded
(f) Name of NIT compliant bidders:
C. OPEN TENDER :
(a) NIT Details :
i) Press publication Date :
ii) Hosting Date in the Web :
iii) Date of Opening :
iv) TIA :
v) DFP Serial :
vi) Remarks, if any :
(b) Type of Tenders :
i) Two Stage :
ii) Single Stage with 4/3/2/1 Envelope :
iii) Approving Authority :
(Only the relevant tendering methodology shall be kept in the format)
6. Pre – bid Discussion :

(a) Date :
(b) No. of participants :
(c) Amendment, if any :

(i) Completion Period :
(ii) Revised date of submission of bid, if any :
(iii) Others :
(d) Intimation of Amendment, if any :
(e) Reply of pre bid uploaded on
7. Techno – commercial Evaluation :

(a) Opening Date :
(b) No. of bidders responded :
(c) Name(s) of the Techno- commercially accepted bidder as per NIT:
(d) No. of rejected bids with reasons for rejection:
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(e) Tender Committee’s Recommendation with details of deviation , if any and authority of condo
nation:
8. PRICE BID
(i) Opening Date : (ii) No. of bidders : (iii) Ranking statement:
Name of bidder Ranking Evaluated % w.r.t.DE (for L1 % w.r.t. L1

Price bidder)
L1
L2
L3
L4
(iv) Discussion on Reasonability of Price w.r.t. :

a) DE :
b) Market Price :
c) Others to be specified :
(v) Rejection of Price Bid, if any with reasons:

(vi) Other salient techno-commercial features:
Features As per NIT As per L1 Offer REMARKS
DP/Completion period
SD
LD
Advance Payment, if any
Validity of offer
Terms of Payment
(vii) Total Financial Involvement :
(viii) Tender Committee’s recommendation :

For price bid with deviation, if any and its authority of condo nation
9. Point of Decision/Recommendation of Field:
10. Point of Decision of TC (HQ):

11. Accepting Authority :
(Signature of the concerned authority) Placing the case to TC(HQ)
W&P Manual – 2016

WORKS & PROCUREMENT MANUAL Sec-IX
JULY 2016
Page 90
SECTION-IX
TIME FRAME OF TENDERING
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SECTION-IX:TIME FRAME OF TENDERING

I. ESTIMATED TIME/TIME SCHEDULE FOR FINALISATION OF TENDER AND
PLACEMENT OF LOA/LOI-cum- Work Order /Work Order/Purchase Order:
Considering pre-tendering, tendering & post tendering activities, the following time frame has
been made for finalization of a purchase/work order from the date of receiving Indent, complete in
all respects:-
1. Time Frame for Various Work & Procurement activities,

2. Date of NIT/Date of inviting EOI would be the date entered /recorded in Tender Register/EBA
System at the time of sending for press publication/hoisting on website/placement on notice
board.
3. Press Publication of Tender including through CPRO (DVC HQ) is to be done within 10 days
from date of NIT.
Activities Time Required for

Sl. No.
Open Tendering LTE
OEM/
For For regular With Without OES/
specialised nature of QR QR PAC
items/new procurement published basis
items/EPC in web
contract/ ICB site
contract
PRE-TENDERING ACTIVITIES
Finalisation of Scope of Work,
01 Technical Specification, Zero Date
Estimation, Administrative
Approval etc.
Finalisation of QR, Tender 7 days 7 days 5 days 5 days 5 days
02 Document and approval of the
same including NIT publicationl
TENDERING ACTIVITIES
Sale/Issue/Downloading period 35 days 28 days 23 days 2 days 1 day
01. of Tender Papers
Pre-bid Conference included in 01 included in 01
02. (if applicable) above above
----- ----- -----

03. Date of Submission of bid included in 01 included in 01 include 14days 7 days
above above d in 01 from the from the
above date of date of
issue of issue of
Enquiry Enquiry
04. Techno-commercial part open, 05 days 03 days 3 days 3 days
Acceptance of Techno-
commercial part of bid by TIA or
TC as the case may be based
on the information submitted by
bidders.
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05. Open of Price Bids/Scrutiny of 02 days 02 days 02 days 02 days 2 days

Price Bids and identification of
L1 bidder by TC as the case
may be including preparation of
Comparative Statement
06. Verification of documents of L-1 17 days 12 days 12 days --
bidder (LTE
with QR
only)
07 Recommendation of TC towards 02 days 02 days 2 days 2 days 2 days
acceptance of offer of L1 Bidder
08. Approval of TAA (except Board), 02 days 02 days 2 days 2 days 2 days
in terms of DFP
09. Tentative Total Time Required 70 days 56 days 49 days 30 days 19 days
to Conclude any
Procurement/Work Proposal.
(Post – Qualification Methodology i.e. through EOI or two stage bidding Process)
Sl. No. Activities Time Required for

Open LTE OEM/ OES/
Tendering PAC
basis
Finalisation of Tentative QR, Tender/Bid
01 Document for EOI and approval of the
same as per provision of W&P Manual
Zero Date
Finalisation of Scope of Work, Technical 60 Days
02 Specification, Estimation, Approval of
shortlisted vendors/agencies etc.
Subsequent TENDERING ACTIVITIES among shortlisted vendors/agencies through
EOI or Two stage bidding Process
Sale/Issue/Downloading period of
Tender Papers 28 days
01.
Pre-bid Conference(if applicable) Before 07-10 days from last date of

02. selling/downloading period.
-----
03. Date of Submission of bid 7 days for domestic bid (DCB) & 15 days for
international bid (ICB) from last date of
submission. 03 days from last date of
submission (DCB only), if no pre-bid meeting
is there
Techno-commercial part open,
04. Acceptance of Techno-commercial part 15 days
of bid by TIA or TC as the case may be
based on the information submitted by
bidders. TC to finalise its report within
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10 days from opening of tender.

Open of Price Bids/Scrutiny of Price
05. Bids and identification of L1 bidder by 7days
TC or SC as the case may be including
preparation of Comparative Statement
06 Recommendation of TC towards
acceptance of offer of L1 Bidder 7 days
Approval of TAA (except Board), in

05. terms of DFP 2 days
06. Placing of Purchase Order 3 days

Tentative Total Time Required to 136-146 days
Conclude any Procurement/Work
Proposal
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FLOW CHART (OPEN TENDER for REGULAR TYPE)
Total – 56 Days
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FLOW CHART (OPEN TENDER for specialised items/new

items/EPC contract/ ICB contract )
Total – 70 Days
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FLOW CHART (LIMITED TENDER)
Total 30 – 49 Days
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W&P Manual – 2016

WORKS & PROCUREMENT MANUAL Sec-X
JULY 2016
Page 98
SECTION-X
ORDER & POST ORDER ACTIVITIES
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SECTION-X: ORDERING & POST ORDER ACTIVITIES
I. PLACEMENT (ISSUANCE) OF PURCHASE ORDER/ WORK /SERVICE ORDER:
The Purchase Order/NOA / LOA / LOI / WO/LOI-cum- Work Order is to be issued under the
signature of concerned Purchase Officer/Chief Purchase Officer/Chief Materials Manager or the
designated authorities .
The Purchase Order / LOA / LOI / WO/LOI-cum- Work Order to be despatched by registered
post/courier/speed post. However, a copy of the original order may be delivered by hand to the
concerned vendor on request, after the original is despatched.
All Dealing Sections which are to implement the decision regarding purchase / works /
services should make sure that the decision regarding purchase / works / services as recorded by
the competent authority is clear for taking further action. If there is any doubt, the file should be
put up immediately to the competent authority for clarification
II. AGREEMENT:
On receipt of a LOA / LOI / WO/LOI-cum- Work Order AMC for any project / works /
services/PMC/AMC/ARC etc of contract value in excess of Rs. 200,000/- ( Two lakhs only), the
concerned vendor must submit contract agreement (Format to be supplied by DVC) in non-
judicial stamp paper of appropriate value duly filled in all respect to the order issuing
authority/C&M Section for acceptance before commencement of works/Services as applicable and
claiming mobilisation advance/advance amount if any, as per provisions of the contract.
The said agreement will be duly signed by both authorised representative of DVC (Signing
authority as per DFP) and authorised representative of vender/contractor/consultant. One such
copy of agreement, on acceptance should be invariably be given to respective head of
Accounts/Finance department of plant/field /Corporate offices.
In case of exigencies in respect of AMC/Service Contract, Executive Director/HOP/Plant Chief /
CE may grant relaxation regarding time frame for execution of contract agreement.
III. FOLLOW-UP/EXPEDITING OF ORDERS AND PAYMENT PROCESS:
1) The concerned Contract Cell Executive/Dealing Officer/Consignee concerned shall be
responsible for effective and timely follow up and expediting with the vendor/supplier till all the
materials are received and accepted as per Purchase Order and payment is released to the Vendor
within fifteen (15) working days from the date of receipt of materials/invoice in regard to
procurement of materials (excluding Works or Project Contract). Similarly, Concerned Contract
Cell Executive/Dealing Officer /Engineer-in-charge shall be responsible for effective and timely
follow up and expediting with the vendor/contractor till the entire work/services is completed/
delivered as per terms of W.O. and payment is released to the Vendor/Contractor within fifteen
(15) days from the date of submission of bill in regard to works/services.
2) The award of Purchase Order / LOA / LOI / WO/LOI-cum- Work Order is not the end of any
contract process, rather it is the beginning of a long and complex set of operation in an effective
and time bound manner. It calls for sharing the responsibilities by more than one department in all
stages of contract execution. The Dealing Officer/ Contract Cell Executive / consignee / Engineer-
in-Charge concerned shall be responsible for effective and timely follow up and expediting with
the vendor till the contract is executed in full and accepted by Indenter/Proposer/User Section and
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full payment is released to the vendor/contractor. Concerned contract cell executive / Engineer-in-
Charge/Consignee/Dealing Officer shall also be responsible for settlement of all discrepancies and
disputes that may arise in course of execution and up to the stage of final payment against each
contract.
3) The contract shall be treated as finally closed after receipt and acceptance of goods/services /
completion of work schedule by the Indenter/Proposer/User Section as per terms of contract and
payment made to the vendor/Contractor in full and final settlement of all other issues, including
release of Security Deposit against Performance Guarantee as per terms of the contract.
4) In order to monitor the post contract management and to release payment to vendors/suppliers
within fifteen (15) working days from the date of receipt of materials/invoice etc. in regard to
procurement of materials (excluding Project or Works Contract) the following guidelines may
please be considered:
a) Consignees on receipt of PO/LOA/LOI/NOA should follow up at appropriate time with the

supplier/vendor regarding the delivery programme / inspection schedule before the expiry of
stipulated schedule as per the contract.
b) Indenter / Inspecting Officer is requested to send a copy of inspection report as carried out as per
terms of contract to the order issuing authority/C&M department as the case may be along with a
copy of despatch clearance for the same.
c) Purchase Order should stipulate that bill/invoice to be submitted by the supplier/vendor to the
concerned Paying Authority (Finance) directly along with all necessary documents (e.g. Test
Certificate/Guarantee Certificate / Copy of ED Invoice, if applicable/copy of Despatch Clearance /
copy of acceptance of SDBG, if any/copy of receipted challan for materials / documents against F&I
Charge etc.) and should submit photocopy of the bill/invoice to the consignee at the time of delivery
of requisite materials.
d) Immediately on receipt of materials the consignee shall inform the indenter/user for necessary
inspection. The date of inspection (At Site or Outside) would be treated as zero date.
e) After due inspection the indenter/user shall ensure that inspection report reaches to the consignee
within 4 working days from zero day.
f) On receipt of inspection report the consignee shall prepare the stores document (SRIN / SRB etc.)
and ensure that the same along with inspection report and a photocopy of the invoice reaches to
Finance Office within 4 (four) working days for taking payment action by Finance Department.
g) Finance Department thereafter shall release payment to the vendor/supplier as per Purchase Order
within seven (7) working days from the date of receipt of documents from Store Department.
h) Similarly in case of Advance Payment/ against procurement of materials, the supplier shall submit
the original Bills/Invoices to the concerned Paying Authority (Finance) with all relevant documents
as per purchase order and photocopy of invoices to be submitted to the Consignee concerned. The
consignee in turn shall issue necessary payment clearance to Finance in consultation with indenter
within 3 (three) working days. Thereafter Finance will release the advance payment within 2 (two)
working days of receipt of payment clearance from the consignee.
i) Similarly in case of Payment through Bank (against dispatch documents) against procurement of
materials, the supplier shall submit the Bills/Invoices to the concerned Paying Authority (Finance)
with all relevant documents as per purchase order for necessary payments.
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j) Finance should prepare a monthly report on the overdue Bills / Invoices at the end of each month
due to non-receipt of corresponding SRIN / SRB or any other document required indicating details
thereof and to be submitted to ED (C&M), DVC HQ with copies thereof to
Member(Finance/Secretary/Technical) for their information.
IV TOLERANCE IN PURCHASE ORDER QUANTITY:

The suppliers/contractors are expected to deliver/execute exact quantities of material/work as
specified in the Purchase Order/turnkey/work contracts. But wherever quantities are in Weights,
volumes, Area or in lengths, there may be cases where the supplier/contractor has
supplied/executed in excess or short. If any tolerance has not been incorporated in the Purchase
Order/work order/turnkey contract then + 5% of the order value should be considered as the
tolerance limit and the Purchase Order/work order/turnkey contract shall automatically be treated
as amended to that extent. Administrative/In - principle Approval for execution within the
tolerance limit of + 5% should be obtained from TAA. If TAA is Chief Engineer and above, the
said approval shall be obtained from respective Chief Engineer and report indicating financial
involvement under the tolerance limit of + 5% should be sent to concerned TAA. If TAA is
Chairman/Board, the said report should be sent to concern Member. The normal variation clause
will be applicable independently of this tolerance as per stipulation of respective DFP.
V PRE-DISPATCH INSPECTION (PDI), RECEIPT OF MATERIAL ETC:
1) PDI Clause for a particular tender/enquiry to be incorporated, if felt necessary, by the indenter/user
section. Once it is incorporated in the purchase order/contract, it should not be waived in the
normal course by way of amendment. However in case of exigencies, PDI can be waived by the
Chief Engineer on the basis of appropriate justification by the user department.
2) If a PO/LOI/LOA incorporates PDI, Inspection Engineer will carry out the relevant tests/inspection
as per relevant standard/ Quality assurance Plan (QAP) at vendor’s works. After successful
testing/inspection, despatch clearance is to be issued by the dealing Engineer as per format
incorporated in this manual.
3) After receipt of the materials at stores, consignee will arrange for site inspection by calling the
Indenting Officer by sending an arrival report.
4) Consignee would send all the relevant documents to the concerned Accounts Office for checking,
verifying and passing of the bills for payments to the vendor. The Accounts Office would see all
the relevant documents and in case of discrepancy found as per Purchase Order/work order shall
seek clarification before releasing the payment. Consignee/ Indenter would also send the copies
of site inspection reports/PDI reports to the purchase order issuing authority.
IV CHECK LIST FOR PAYMENT:

A. Supply Payment:
A.1 Advance Payment:
 Unconditional acceptance of LOA/LOI/PO/WO.
 Submission and acceptance of BG against Security Deposit cum Performance Guarantee.
 Submission and acceptance of Bank Guarantee of equivalent 110% amount against the advance
payment or as per the latest guideline of CVC in this regard.
 Submission and approval of L-1 Schedule/Bar Chart, if applicable.
 Execution of an Agreement.
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A.2 Payment against dispatch documents:

 Evidence of despatch (RR or LR).
 Detailed invoice and detailed packing list identifying content of each consignment.
Manufacturer’s/contractor’s guarantee certificate of quality.
 Test certificate.
 Material inspection report and/or despatch clearance certificate.
 Insurance policy/certificate.
 Other documents as specified in Purchase Order
A.3 Payment against consignment after receipt of material at site

A.3.1 Certificate to be issued by Site-in-charge/Consignee:
 Physically verified and materials found to be received in full and good condition.
 Materials entered in page no… Vol. …. of stock ledger.
A.3.2 CRMI issued with cross-reference of stock Ledger.

A.4 Retention money:
 Recovery towards LD, if any. (If LD is not decided, the full amount against LD is to be withheld
and remaining amount may be released).
 Successful commissioning and taking over certificate.
 Certification towards submission of all drawings, manuals, reproducible etc.
B Erection Payment :
The existing procedure of payment through RA bill after entering the work done in the measurement
book (MB) will continue to remain in vogue.
N.B.
1) In case of delayed execution of work, payment against running bill (both supply and erection)
will not be withheld for want of Provisional/formal extension order.
2) EPF compliance certificate will normally be furnished in the succeeding month(s) and shall not
be delayed beyond 6 (six) months.
3) For minor discrepancies, entire payment will not be withheld.
IV PAYMENT PROCEDURE
In order to release payment to contractor/vender within 15 (fifteen) days from the date of
submission of bill in regard to work relating to Transmission & Distribution/ Project Contract
on EPC/Turnkey basis with Billing Break Up (BBU)/ stage wise payment terms or Item Rate
Contract, the following procedure and time frame shall be followed:
1) Bill for payment to be submitted by the contractor in quadruplicate with all relevant document
to Engineer –in-Charge directly.
2) Engineer-in-Charge on receipt of the bill will forward the same to the concerned site engineer
for necessary verification and certification in respect of completion of the stages of the work or
work done for which the bill has been preferred and also sent one copy to EPF cell for verifications
and certification of EPF declaration submitted by the Contractor (zero date).
3) EPF compliance certificate will normally be furnished in the succeeding month. However, in no
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case, the compliance shall be delayed beyond 6(six) months. EPF cell with check and certify the
EPF declaration within 5(five) working days from the zero date and return the same to Engineer-
in-Charge.
4) The concerned site Engineer will check and certify on the bill within 7(seven) working days
from the zero date.
5) On receipt of the verified bill, Engineer-in-Charge shall ensure that the pass order along with the
bill and other relevant documents reaches to Finance (Accounts) Office within 3(three) working
days for taking payment action by Finance Department.
6) Finance Department shall release payment to the contractor as per terms and conditions of
Work Order/Contract within 5(five) working days.
7) In case of advance payment, the contractor shall submit the bill to the Engineer-in-Charge with
all relevant documents as per work order including SDBG and BG of equivalent amount of
advance as stipulated above. The Engineer-in-Charge in turn shall issue necessary payment
clearance to Finance Department after acceptance of SDBG and BG against advance within 3(three)
working days. Thereafter, Finance will release the advance payment within 2(two) working days of
receipt of payment clearance from the Engineer-in-Charge.
8) In case of delayed execution of work, Finance Office should pass the bill withholding admissible
Liquidated Damage (LD) amount as per the Work Order/Contract without waiting for formal
time extension order except where the extension of time has already been granted for non-
imposition of LD by the Competent Authority. Thereafter, Finance Officer should immediately
intimate the Engineer-in-Charge for issuance of format extension of time with/without imposition
of LD Clause.
9) Finance Department should prepare a monthly report of the overdue bills at the end of each
month due to non-receipt of documents, clarification require indicating details thereof and to be
submitted to concerned Project Head with copies thereof to Member (Finance).
VI PUBLISHING OF SUMMARY ON AWARDS OF CONTRACTS/ PURCHASE ORDER:

1) Specific timeliness for each step under different tendering procedures is specified. Reasons must
be given to the approving authority at the award stage for any deviations from the timeliness.
2) A summary of deviations and reasons thereof from the timeliness be submitted to the concern
Member by respective order issuing authority/ department. DVC will submit a brief on deviations,
if any and actions taken on the same in their QPR in the ministry.
3) After the award of contract, the name of successful bidders be uploaded in the DVC Website
within a week.
4) All concerned official /authorities are required to ensure hosting of the Summary of awards of all
Contracts and Purchase orders placed through LTE/OTE having threshold value of Rs. F i v e
( 5) lakhs and above.
5) The summary has to be prepared in the prescribed format and should be sent before 7th of following
month to IT cell, DVC Towers to host the same in DVC Portal.
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WORKS & PROCUREMENT MANUAL Sec-XI
JULY 2016
Page 104
SECTION-XI
VENDOR REGISTRATION
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SECTION-XI: VENDOR REGISTRATION

1.0 INTRODUCTION:
DVC, as a whole, believes in quality at all stages of activities. During construction as well as in
operation/maintenance phase of D V C power stations, quite a large number of items are required. For
quality procurement and to get the services of reliable & able vendors, identification of quality sources
is needed. This necessitates enlistment of contractors/suppliers/vendors for works & services and
called as “VENDOR REGISTRATION”.
1.1 OBJECTIVE:
The objective of these policy guidelines for contractors/suppliers/vendors registration is to
standardize this activity for the various power stations and other authorities within D V C.
1.2 IDENTIFICATION OF ITEMS FOR REGISTRATION:
The identification and categorization of the items/works/services shall be done based on items in case
of supplies and nature of job in case of works and services.
In addition to the reliable and proven sources for supplies and for works& services who have already
been enlisted, the possibilities should be further explored on a continuous basis to identify efficient
vendors in the market. For this purpose the format has been hoisted in the DVC website. However
advertising will also be made in the local newspapers.
The parties who have met our NIT requirement against our open tender advertisement for procurement
of specified items or for execution of works & services will be registered as vendor subject to
submission of the registration form along with their credential. No processing fee will be required to be
submitted by NSIC & SSI vendors.
1.3 SCREENING OF APPLICATION:

Screening of application would be undertaken by a Registration committee based on the information
provided in the prescribed formats. One member each of minimum M-5/M-6 level, from
Materials/contracts, User Department & Finance will form the committee. The same will be
nominated and to be approved by Plant Chief/CMM/CE.
The prospective vendors should fill in the format online, and if found qualified, are required to take
print out of the format and submit with all necessary enclosures to the CMM/Head of Contract
Cell of the respective unit for further scrutiny /evaluation. The C&M department / Contract Cell of the
respective unit will issue a certificate to the vendor if found meeting the criteria after approval of Plant
Chief/CMM/CE (other than plant/HQ).
All applications will be grouped on the basis of the following criteria:-
1. Manufactures:
2. Suppliers
1.4 APPROVAL OF REGISTRATION:
The vendor list as recommended by the registration committee to be approved by Plant
Chief/CMM/CE(other than plant/HQ). The vendor name, after approval will be included in the list of
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registered Suppliers, and posted in website.
1.5 REGISTRATION & RENEWAL:

a. The registration will be valid for a period of three years from the date of approval.
b. Registration Certificate (format enclosed) will be sent through e-mail and will be issued to the
concerned vendor by post.
c. Renewal of registration may be done for a further period of three years based on the performance
of the vendor during the last three years and submission of fresh application forms duly filled
in. If application is not received, the system will delete the name from the list of registered vendors
at the expiry of 3 years.
e. All application received for registration will be reviewed by the registration committee at the
end of each quarter and put up their recommendation for approval.
PROCEDURES FOR VENDOR REGISTRATION

1. The Vendor Registration Form is available in DVC website, i.e., www.dvc.gov.in and it is
in Vendor Registration link.
2. The registration of vendors will be done by the Chief Materials Manager, DVC, C & M
Department, DVC Towers, 3rd floor, Kolkata-700 054 / Plant Chief/CE of respective
unit.
3. It is advised to read carefully the instructions available in DVC website before filling
application form.
4. The duly filled in vendor registration application form along with supporting documents
as per the checklist has to be submitted to :
The Chief Materials Manager,
Contract & Materials Department,
DVC, DVC Towers, Kolkata-700 054.
Or
Plant Chief/ CE(other than plant/HQ).
5. The vendor can register his form for more than one item category by submitting single
application form and with necessary documents.
6. Incomplete registration form or false information are liable for rejection.
7. Wherever necessary factory/shop inspection will also be carried out in order to ascertain
capability, capacity & quality assurance.
8. After registration, a vendor code will be assigned to the firm/vendor and the firm/vendor
will be intimated issuing registration certificate through post.
9. Once a firm is registered with DVC, they will continue to remain in the list of approved
vendors for 3 years and the approval letter will be sent to all Station/Functional heads of
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DVC Plants.
10. The firms who had met qualifying requirements against earlier Open Tender
Advertisement (NIT) for procurement of materials/works/services tendered by any
establishment of DVC for which vendor registration is seeking will be considered for
registration. A formal application and requisite documents shall have to be submitted to
Chief Materials Manager/Plant Chief/CE (other than plant/HQ).
11. Registration of vendor will be terminated prematurely, if the vendor is non responsive on
account of its performance or disabilities.
12. Banning of vendors will be done in case of unethical business practice is established or
furnishing wrong information, false/manipulated documents or the vendor is charged by
CBI/CVC/any other Govt. investigating/enforcement agency and subsequently
prosecuted in the Courts of Law. Banning of business will be done as per provisions of
W&P Manual.
For renewal of registration, the registered vendors have to submit the fresh application 90
days before the date of expiry. If the firm does not revalidate width stipulated period, the
13. vendor’s name will be removed from the list of approved vendors. Registration procedure
is same for new/old vendor.
14 All columns are to be filled up properly in the space provided for. Wherever it is not
applicable, please mention "Not Applicable". The form is to be signed by the authorised
signatory.
15 A separate sheet may be attached if the space provided is insufficient or additional

information is to be given. Please put proper identification tag on the separately attached
sheet.
16 Please ensure that all required enclosures are attached with the filled up Supplier.
Registration Form and all enclosures are numbered & list of enclosures is given as
required.
17 As multiple copies of the application forms are required for processing at our end, please
do not spiral bound the application forms or its enclosures and instead send them in two
whole clip flat file.
18 Incomplete forms will be rejected.
19 Any information / clarification required by DVC during evaluation must be given

expeditiously.
20 Please note that if you are registered and participate in Tender process and qualify to get
order from DVC, your performance based on Quality of your product, delivery
performance and service rendered will be evaluated.
21 Please fill up the checklist given on next page and send along with the Supplier
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Registration Forms to DVC
22 If you are attaching a document in a language other than Hindi / English, a self-attested
Hindi/ English translated document may please be also attached.
23 The vendor registration form has two parts:-

Part A : Organisational information - Form No VR-01
Part B : Technical competence - Form No VR-01
24 The set of formats to be filled by different category of vendors is as follows:-

Enlistment of vendors for following Procurement category:-
Group Description of category Group Description of category
I Chemicals like II Mechanical

Sulphuric Acid,
Hydrochloric Acid,
Caustic Soda Flakes
and Lye, Bamboo
III Electrical IV Control & Instrumentation
V Civil VI IT hardware & software
VII Laboratory & VIII General Stores & Safety

Chemicals Items
IX Mining X Lubricants, & Others
25 If all Relevant Information and statutory documents like Ownership, Pan No., Sales Tax
No., Excise Duty No. etc. not submitted, the vendors are not eligible for registration
26 If The agency has been referred to BIFR / DRT/ CDR/ Other Similar Govt Agency, the
vendors are not eligible for registration.
27 If The agency has been blacklisted/debarred from any Govt/ Quasi Govt. Agency/ any
Public Sector Undertaking, the vendors are not eligible for registration.
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1.6 REGISTRATION FORM:
Damodar Valley Corporation

Vendor Registration Form
Form No. Vr- 01
PART- A: ORGANISATIONAL INFORMATION
All columns should be properly filled in the space provided for, wherever it is not applicable, please
write "Not Applicable". Incomplete or incorrect forms may not be considered. Please attach separate
sheet, if space available is inadequate.
All the pages of the form are to be signed along with seal by the Authorised Signatory
ORGANISATIONAL INFORMATION
Name and Correspondence Address of the Supplier seeking Registration:-

1.0 Products / Systems / Services / Others f o r which Registration is applied for:
Sl. No Description Annual financial capability/Mfg. STD/IS/DIN/BS etc.
execution capability in
Rs. based on average
annual Turn Over of
last three financial
years.
Vendor’s Authorised Signatory
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Form No. Vr- 01
Organisational Information
2.0 General Information:
2.1 Names of the Works/ Division (Products Manufactured at each Works to be mentioned):
Address
E-mail
Telephone I) Landline
II) Mobile
Fax
2.2 Name of Chief Executive/ Proprietor/ Partner & Address:
2.3 Details of Authorised Signatory for Seeking Clarification:

Name
Designation
E-Mail
Telephone: I) Landline
II) Mobile
Fax
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Form No. Vr- 01
3.0 Ownership Information: Documents to be
furnished
3.1 Govt. of India Undertaking: 
Or 
State Govt. Undertaking Or Memorandum and Articles of
Association, Certificate of
Limited Company, Or Incorporation etc
Private Company
Co-Operative Society, Society Rules And
Bye Laws
Partnership Firm, Partnership Deed
Proprietorship, Profession Tax Regn.
And Municipal Regn.

Any Other (Specify) Supportive documents
3.2 Nature of Business

(Manufacturing Unit/ Engg Consultant/ EPC Contractor)  Specify
(Agents/ Distributors/ Stockists/Dealers/ Traders/ Indian

Subsidiary/ Channel Partner/others)
 Attach Authorisation/
Certificate of Principal
3.3 Year of Establishment
3.4 Year of Commencement Of

Business
Vendor's Authorised Signatory
W&P Manual – 2016

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Page 112

Form No. Vr- 01
4.0 Registration Particulars

(Furnish details and enclose copy of Certificate for the following)
4.1 Permanent Account No
4.2 Central Sales Tax Regn Number
4.3 State Sales Tax / Tin Number
4.4 Excise Duty Regn Number
4.5 Excise Control Code Number
4.6 Service Tax Regn Number
4.7 EPF Regn Number
4.8 Category As Per MSMED Act : Micro/
Small/ Medium Regdn.No. :
Valid up-to : (attach certificate)
4.9 ESI Regn Number
5.0 Total Organisational Strength: (Attach Organisation Chart)

GRADUATE DIPLOMA SKILLED/NON-SKILLED
Engineering
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Manufacturing Quality
Commercial /Service After

Sales
Others
Total
5.1 Power Backup : Yes/No

(Give details)
5.2 Does the company sell its product directly: Yes/No
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Page 114

Form No. Vr- 01
6.0 Other Particulars:
(Furnish details and enclose documentary evidence/ Copy of Certificate for the following)
6.1 If The Company is Already Registered with any
of DVC Units/ executes any P.O. or W.O etc. in any
unit of DVC give details with documents
6.1.1. DVC Unit's Name:
6.1.2. Agency Regn. Code No.
6.2 Is The Company Approved By any Govt.

organisation/PSU/Semi Govt. Organisation /private
power utilities for intended Material Category Yes / No
(Enclose Documentary Evidence)
6.3 Is The Company ISO 9001 Approved?
(Enclose Certificate & TOC Of Quality Yes / No
System)
6.4 Is The Company An ISO 14000 Approved?
(Enclose Certificate): Yes / No
6.5 Is The Company OHSAS - 18000 Approved?
(Enclose Certificate) Yes / No
6.6 Technical Collaborator :
(Foreign Or Indigenous)
(Enclose Documentary Evidence)
6.7 R & D Set Up (Enclose Documentary Evidence)
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6.8 Directors / Partners, if related to any DVC
employee
Name
Staff No.
Designation
Unit & Department : Relationship
W&P Manual – 2016

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Page 116

Form No. Vr- 01
6.9 If Any Ex-DVC Personnel is employed b y the Company,

mention his / her details of last posting
Name
Staff No.
Designation
Unit & Department
Date of leaving service
6.10 Company's Weekly Holidays Works :
Office
6.11 Details Of Pending Legal Issues On Contractual Aspects

With Customer, if any
6.12 The Following Information Of Bank
Account Of The Company, duly
endorsed by the bank
1. Name Of The Company
2.Name of Bank
3. Name Of Bank Branch
4.City/Place
5. Account Number
6.Account Type
7. IFSC Code Of The Bank Branch
8.MICR Code Of The Bank Branch
9. Details Of Other Bankers (For Reference Purpose Only)
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Form No. Vr- 01
7.0 Manufacturing Facilities:

7.1 List Of Manufacturing Facilities of equipments / materials (Including Material Handling Facility)
Sl. No. Description Of Quantity Make & Year Of Remarks

Machine/Equipment Installation
In Case Of Space Limitation, Please Enclose Annexure / Catalogue With Tag
7.2 If In-House Mfg Facilities Not Available, Inform Source of Mfg. Details Alongwith Their Facilities
& Experience
Sl. Process Name Of Description Of Remarks

No Outsourced The Company Machine
/Equipment
In Case Of Space Limitation Enclose Annexure / Catalogue With Tag
W&P Manual – 2016

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Form No. Vr- 01
8.0 INSPECTION & TESTING FACILITIES:
8.1 List of Inspection & Testing Facilities / Equipment
Sl. No. Description of NABL / Any other Make & Year of Last date of Calibration
Facility/Equipment Accreditation, if any Manufacturing
& Capacity
8.2 If In-house Testing Facilities not available, indicate Source of Testing alongwith their Facilities &
Experience
Sl. no. Test Source of Description of Approval of laboratory/

Testing Facility/Equipment Process/Personnel Qualification
& Capacity
W&P Manual – 2016

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Page 119

Form No. Vr- 01
Financial Information For The Previous Three Years

Year 1 Year 2 Year 3
(Years in ascending order, Money value in Rs.
9.0 Parameter Lakhs )
Net Worth
(Share Capital + Reserves)
9.1
9.2 Net Working Capital
9.4
9.3 Sales/Service
9.4 Profit Before Tax

9.5 Whether the agency has been referred YES / NO
to BIFR / DRT/CDR /any other Govt.
agency
( If YES ,enclose details)
9.6 Whether the agency is a potential sick YES / NO
company. ( If YES , enclose details)
NOTE:
1 . Copies of annual accounts (Balance Sheet) for the last three years (or from date of
Incorporation whichever is less) along with audit report are to be submitted. The above details shall
be highlighted in the Balance
Sheet.
2. Status of Tax assessments done under various laws (Income Tax, VAT/Sales Tax, Excise & Service
Tax, Custom) and details of disputes pending, if any, with these authorities to be submitted. The
above details shall be highlighted in the Balance Sheet.
3. Net worth means the sum total of the paid up share capital & free reserves. Free reserve means
all reserves credited out of the profits & share premium account but does not include reserves
credited out of re-valuation of the assets, write back of depreciation provision & amalgamation.
Further any debit balance of profit & loss account and miscellaneous expenses to the extent not
adjusted or written off, if any, shall be reduced from reserves & surplus.
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Form No. Vr- 01
Part B: Technical Competence
Common Technical Competence
Technical Competence Remarks
1. P.O./W.O. executed in DVC/Any Govt. Organisation/ PSU/Semi Govt.

Organisation /private power utilities for intended material category
(Enclose documentary evidence. Attach list of present customers with
name & address for offered/similar type & size of item/equipment for
which registration has been sought and with whom you have
continuous business since last three years.)
2. Performance Certificates:
I. Attach Performance Certificates Issued By DVC/Any Govt.

Organisation/ PSU/Semi Govt. Organisation /private power utilities
For Successful Execution Of The Contracts as follows: a)For
satisfactory performance of Two Years- For supply of equipment or
capital item, b )For satisfactory performance of six months- For
supply of consumable spares etc. ;
II. Also attach Satisfactory Completion Certificate issued By
DVC/Any Govt. Organisation/ PSU/Semi Govt. Organisation
/private power utilities in case of services/
consumables/consultancy. (enclose documentary evidence)
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Form No. Vr- 01
Part C: (QUALITY SYSTEM)
SYSTEM IN EFFECT
(Tick if exists & provide RECORDS
SI. evidences if ticked in (Tick if
PARAMETERS available & REMARKS
No. written procedure)
submit
Written Practice evidences)
Procedure
1 Incoming Material Control Furnish a copy of system
System and organization.
Furnish at least one
2 In process control work instruction & record
of process control
parameter
3 Manufacturing / Testing Procedure Qualification

Procedure Qualification specification may be
submitted
4 Record of Personnel
Personnel qualification for qualification (PQR) to
3 above. be submitted
5 Calibration system Submit list of instrument
& their calibration status
System of Identification &

6 Traceability of materials, Copy of procedure to
tools, jigs, fixtures & be submitted
processed components, etc.
System of Storage,
7 Preservation, Copy of procedure to
Painting & be submitted
packing
8 System of NCR Two copies of NCR &

disposition & corrective CAPA
preventive action
Customer complaints Submit list of customer

9 handling system complaints & status for
the last three years
Submit copy of safety
10 Safety measures system & Record of
accidents for last three
years
11 Any other quality initiative

W&P Manual – 2016
JULY 2016
Page 122

Form No. Vr- 01
List of Enclosures (Tags to be put on Enclosures)
(I) Memorandum and Articles of Association/ Certificate of Incorporation : Yes /No
Society Rules and Bye Laws / Partnership Deed/ : Yes /No
Profession Tax Regn & Municipal Regn : Yes /No
(II) Copy of Certificate of Following:-
• Permanent Account Number : Yes /No
• Central Sales Tax Regn Number : Yes /No
• State Sales Tax / TIN Number : Yes/No
• Excise Duty Regn Number : Yes/No
• Excise Control Code Number : Yes/No
• Service Tax Regn Number : Yes/No
• EPF Regn Number : Yes/No
• Regn Number of Category as per MSMED Act : Yes /No
(III) Organisation Chart : Yes /No

(IV) If Registered With Any Other DVC Unit,
• Letter Of Registration With DVC Unit : Yes/No
• Proof of Successful Execution of one or more Purchase Orders / Work
Orders : Yes/No
Letter of Approval o f V e n d o r R e g i s t r a t i o n from any

(V) Govt organization/ PSU/Semi Govt. Organization/ private power : Yes /No
utilities
(VI) Accreditation Certificate For
• ISO: 9001 : Yes /No
• ISO: 14000 : Yes/No
• OHSAS , ISO 18000 : Yes/No
(VII) Documents regarding R&D facilities, inspection and testing facilities : Yes/No
(VIII) Letter Regarding Technical Collaboration : Yes /No
W&P Manual – 2016

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Page 123

Form No. Vr- 01
(IX) Experience List and Performance Certificate /Completion Certificate : Yes /No
(X) Balance Sheet For The Last Four Years Along With Audit Report : Yes /No
(XI) Principal's Authorization In Case Of Dealers/ Agents : Yes/No
(XII) EFT Bank's Certificate : Yes/No
(XIII) Status of Tax assessments done under various laws (Income Tax, : Yes/No
VAT/Sales Tax, Excise & Service Tax, Custom)
(XIV) Details of disputes pending, if any, with these authorities to be : Yes/No
submitted.
(XV) Copy of system of control incoming materials and organization chart : Yes/No
(XVI) Copy of at least one process control work instruction : Yes/No
(XVII) Record of process control parameter : Yes/No

(XVIII)Copy of at least one Procedure Qualification specification : Yes/No
(XIX) Record of Personnel qualification (PQR) : Yes/No
(XX) List of instrument & their calibration status : Yes/No
Copy of procedure for Identification & Traceability of materials, : Yes/No
(XXI) tools, jigs, fixtures & processed components, etc.
(XXII)Copy of procedure for Storage/ preservation/ painting & packing : Yes/No

(XXIII)Copies of two NCRs and their CAPA. : Yes/No
(XXIV)List of customer complaints & status for the last three years : Yes/No
(XXV)Copy of safety system : Yes/No
(XXVI)Record of accidents for last three years : Yes/No
I /We Give The Undertaking That DVC Drawings & Specifications Shall Not Be Used In Any
Way Detrimental To The Interest Of DVC And/ Or For Supply Of Any Material, Product Or
Services Directly Or Indirectly To Any Other Customer.
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Page 124

Score Sheet-I
Maxm. Marks
Sl. No. Parameter Criteria Marks
Marks Awarded
More Than 3 Years 5
Year Of Commencement Of supply/ work/ services 1-3 Years 4 5
1. Less Than 1 Year 0
Yes 1
2. Power Backup ( for Manufacturer only) No 0 1
Yes
(Same Item) 8
If The Company executes any P.O. or W.O etc. in
3. any unit of DVC give details with documents Yes 8
(Another item) 2
No 0
Is The Company Approved or registered By Yes 6
DVC/any Govt. organisation/PSU/Semi Govt.
4. Organisation /private power utilities for intended 6
Material Category No 0
ISO 9001 Accreditation / ISO 14000 Accreditation/ Yes 1
OHSAS - 18000 Accreditation (for Manufacturer 1
5. only) No 0
R & D Set Up (for Manufacturer only) Yes 1

1
6. No 0
Pending Legal Issues On Techno- Commercial Yes -10
7. Aspects With Customer 0
No 0
Yes 5
8. Manufacturing Facilities Including Outsourcing (for
Manufacturer only) No 0 5
Inspection & Testing Facilities (for Manufacturer Yes 3
9. only) No 0 3
Outsourcing Of Major Testing Facility (for Yes 1
10. Manufacturer only)
No 0 1
11. Sales Tax Regn. Certificates, Excise Duty Regn. Yes 1
Certificate, Service Tax Regn. Certificate etc. as 1
applicable No 0
Total: For manufacturers - 32
For Other than manufacturers- 20 32
Note: Minimum Qualifying Score in this category shall be 50%.
W&P Manual – 2016

JULY 2016
Page 125
Score Sheet-II
Financial Information
Financial Information:
1.
Sl. Maximum Marks
Parameter Criteria Marks
No. Marks Awarded
positive for all 3 6
years
1. Positive Net worth for last three years positive for 2 years 4
positive for 1 year 2
Otherwise 0 6
positive for all 3 6
2. Positive Net Working Capital for last three years
years positive for 2 years 4
positive for 1 year 2
Otherwise 0 6
For 3rd years: 6
increased from 1st
3. Turnover (except other income) & 2nd year
For 2nd years: 4 6
increased from 1st
year
For 1st year: any 2
value
profit for all 3 years 6
profit for 2 years 4
4. Profit Before Tax for last three years profit for 1 year 2
Otherwise 0 6
Total 24
Note: If The Vendor is new in Business and does not have past data, then the evaluation will be done on
the basis of information provided by him and will be recommended by VRC.
W&P Manual – 2016

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Page 126
Score Sheet-III
TECHNICAL COMPETENCE
SI. No Parameter Maximum Marks Minimum Marks Marks obtained

(1) (2) (3) (4) (5)
1. P.O./W.O. executed in DVC/Any Govt. 8 0
Organisation/ PSU/Semi Govt.
Organisation /private power utilities for
intended material category in last 3 years
(Enclose documentary evidence. Attach
list of present customers with name &
address for offered/similar type & size of
item/equipment for which registration
has been sought and with whom you
have continuous business since last three
years)
2. Performance Certificates: 10 0
I. Attach Performance Certificates
Issued By DVC/Any Govt. Organisation/
PSU/Semi Govt. Organisation /private
power utilities For Successful Execution
Of The Contracts as follows: a)For
satisfactory performance of Two Years-
For supply of equipment or capital item,
b)For satisfactory performance of six
months- For supply of consumable spares
etc. ;
II. Also attach Satisfactory Completion
Certificate issued By DVC/Any Govt.
Organisation/ PSU/Semi Govt.
Organisation /private power utilities in
case of services/ consumables/
consultancy. (enclose documentary
evidence)
TOTAL 18
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Page 127

Score Sheet-IV
QUALITY SYSTEM:
SL. Maxm. Marks

PARAMETER CRITERIA Mark
NO. Marks Awarded
System Yes 1
availability: No 0 1
Incoming Material Availability Yes 1 1
1. control System of
Organisation
chart No 0
Work
instruction Yes 2 2
available: No 0
Available 2
2. Process control Record of
process Partial 1 2
Control: record
Not
available 0
Adequate 3 3
Manufacturing/
Testing Procedure Procedure
3. Qualification Inadequate 1
Qualification Specification: Not
available 0
Adequate 3 3
Record of Inadequate 1
4. Personnel qualification PQR: Not
available 0
Adequate 3 3
5. Calibration system Inadequate 1
Not
available 0
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Page 128
System of Adequate 2 2
Identification &
Traceability of
materials, tools, jigs, Procedure Inadequate 1
6. fixtures & processed available: Not
components, etc. available 0
Adequate 2 2
System of Storage/ Procedure
7. preservation/ painting available: Inadequate 1
& packing Not
available 0
System of NCR Two copies Available 2 2
disposition & of NCR & Not
8. corrective preventive CAPA available 0
action
System Yes 1 1
available: No 0
Complaints registered &
resolved 2 2
Customer complaints Complaints registered &
9. handling system partially resolved 1
Complaints or not resolved
not registered 0
System Yes 1 1
available: No 0
10. Safety measures Record Yes 1 1
available: No 0
TOTAL 26
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Page 129
REGISTRATION CRITERIA:
SI. No Score in each

Recommendation
Score Sheet
1. Equal to or More Supplier is to be registered.

than 60%
(OVERALL)
<60%
2. (OVERALL) Not to be registered
Signatures of Vendor Registration Committee
a) ………………………..
b) ………………………..
c) ………………………..
CHECK LIST FOR INDIAN VENDOR: Registration Form
SL. No. Check-Point Yes/No

Information against all points under "Organizational Information"
1. has been given.
2. All enclosures and supporting documents have been enclosed.
3. Are you an ISO 9001 accredited supplier?
If yes, have you enclosed "Table of Contents" of your Quality Manual and copy
4. of ISO 9001 accreditation certificate.
All the parts of the form & enclosures have been signed by Authorised
5.
Signatory.
6. Have you attached EFT details? (In original, Certified by the bank)
7. If you are seeking registration for a MSME company (as per MSME Act
of Government of India), have you attached requisite certificate as per Act?
Date: Signature & Seal (Authorised Signatory)
Note: This check list is to be attached with the filled up Vendor Registration Form.
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Page 130
DAM O DAR VAL LE Y COR PO RATI O N
NAME OF THE OFFICE : ADDRESS :
VENDOR REGISTRATION CERTIFICATE

Reference No. Dated :
M/s………………………………………………
….………………………………………………..
….………………………………………………..
Phone No …………………………….. Fax …………………………….. E-mail
……………………………..
Vendor Code …………………………………….
Registration No …………………………………….
Dear Sir,
With reference to your application dated ……………… we are pleased to inform you that you have
been enlisted as registered vendor for participation in the purchase process/works tender conducted by D
V C as and when required for the following items/stores/works/services.
NAME OF THE SPECIFICATION MONEYTORY LIMIT

MATERIAL / WORKS DESCRIPTION OF
WORK
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Page 131
This registration is valid for a period of THREE YEARS from the date of issue of the registration
certificate. DVC HAS THE SOLE DISCRETION TO TERMINATE THIS REGISTRATION WITH
THE DUE NOTICE TO YOU WITHIN THE CURRENCY OF THE VALIDITY PERIOD.
Thanking you,
Yours faithfully,
for & on behalf of DVC
CHIEF MATERIALS MANAGER/ STATION CHIEF

ENGINEER/CHIEF ENGINEER
Note :
1. On expiry of the validity of the required statutory documents like factory license/NSIC
registration certificate/STCC/DGS&D Registration Certificate etc., please ensure to get them
renewed and furnish a copy of each from time to time.
2. Please submit your renewal application along with relevant documents before three months of the
expiry of this registration certificate.
W&P Manual – 2016

WORKS & PROCUREMENT MANUAL Sec-XII
JULY 2016
Page 132
SECTION-XII
PERFORMANCE EVALUATION
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Page 133
SECTION-XII: PERFORMANCE EVALUATION
1) Contractors Performance Evaluation

In order to have smooth progress of the work, there is a need for contractors who will execute the
job in time and as per stipulated specification quality in the Contract. In order to ensure the same a
standard evaluation format has been framed. The Engineer In charge will fill in the details as per
format enclosed , which is to be signed by the authorized representative of the Contractor
(owner/proprietor/site in charge) . If the contractor refuses to sign, the evaluation of engineer in
charge will be final. The performance rating as emerged out will be kept in the system.
In case Performance Rating obtained above is ‘Unsatisfactory’, twice consecutively, the Contractor
shall not be recommended for issue of tender enquiry for a period as deemed fit not more than 2
years.
2. Format:
Format for Contractor’s Performance Evaluation
Overhauling and Maintenance Contract
{Applicable for Housekeeping, Worker Intensive Activities & EPC Contract/New Project}
Monthly Performance Evaluation

1 Name of Work:
2 Work Order/ LOA Ref:
3 Name of Contractor:
4 Month of Performance Rating From………………to……………..
Description Max Marks

Marks Obtained
A Quality, Nos and Workmanship in Work: Maximum 45

Marks
Quality of manpower deployed

(As per the terms & condition of contract, NIT/Tender
Document, including literacy etc if any).
1 a. Skilled category, (Either ITI holder, HP welders, Fitters,
Gang head of erection team and / or selected by the 05
Engineer in Charge as per the experience and TEST
conducted).
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b. Unskilled category (Stress on literacy level, experience and 05

safety consciousness).
c. Trained & Experience Engineers/ qualified supervisor
(BE/Diploma holder and / or selected by EIC, 05
knowledge/relevant experience).
d. Deployment/ development of highly skilled specialist
05
technicians for critical jobs.(as and when required)
2 Strictly following quality guidelines, quality plan(QAP) and / 10

or checklist for each job, given by the Engineer In charge.
a. Repetition of job due to bad workmanship including defect

liability (frequency of occurrence & compliance for
rectification).
3 0 to (-) 15
b. Improper use of DVC facilities (Example: Leaving junction
boxes open after the job is over, keeping scrap, welding rod,
cable & wire etc.)
a. Maintaining cleanliness at workplace while working (use of

working trays, container etc.)
4 b. Proper handling of grease, oil etc. (proper container, no spillage 06

& Contamination etc.)
c. Cleaning the workplace including removal of scrap after

completion of the job, removal of debris etc.
5 Use of proper tools & tackles applicable for a particular job. 05
6 Training of contractor’s manpower at DVC training centre for at 04

least 02 hours per fortnight.
B Adherence to Time Schedule: Maximum 30 Marks
1 Availability of all tools & tackles (under the scope of contractor) 05

without any time delay
2 Mobilization of proper skilled & unskilled manpower without any 05

time delay
a. Completion of job/supply of materials within the time frame

specified in the contract (wherever 10
3 available)/Project Milestone and Schedule.
b. Advance Scheduling of Jobs along with Engineer In charge 05

before start of the job.
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Mobilization time taken to start the job at the beginning of the

4 contract after getting intimation from the Engineer In charge. 05
Promptness to call/start.
C Adherence to Safety : Maximum 15 Marks
1 100% Supply of PPE & Uniform as identified in contract for 05

workers.
2 Follow health and safety plan whatever layout by safety deptt. time 02
to time
3 Special care while working at heights. (Use of proper sized 02

platform / safety belts, nets etc).
Proper handling of material (while lifting heavy material at height).

4 (Example: Use of cage / basket , checking of winch, crane, wire 02
rope, etc).
Periodic testing of lifting tools & tackles which are at the

contractor’s scope Inspection of Tools & Tackles before start of
5 02
work and during the execution of contract whenever required.
6 Participation in Safety Awareness of the workers and training given 01

by DVC and safety related records.
7 Promptness and responsiveness during emergencies 01
8 Non-compliance of safety requirements (depends on Reports issued 0 to (-) 4

for violation of safety)
D Responsiveness : Maximum 10 Marks
1 Ability to respond positively for changes in scope, schedules, 02

manpower, providing scope and space to other contractors.
Availability of the contractor / site In-charge with adequate

2 authorization and powers for execution of job. Site In charge 02
response on Mobile/ Phone
3 Attending Telephone Calls both Land line and mobile for 24 x7 02

Hrs
4 Attending daily/ weekly/ monthly or other meetings 01
5 Deployment of adequate and appropriate manpower from time to 01

time
6 Timely submission of Check lists etc. 01
W&P Manual – 2016

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Page 136
7 Timely submission of Bills, invoices and other required documents 01
E Statutory Compliances: 0 to (-) 30 Marks
Complaints received from the contract workers regarding

1 underpayment (less than statutory rates)/ Delayed Payment, No 0 to (-)10
payment)
2 No Record of release of PF to workers and / or complaints received 0 to (-)10

regarding the payment of PF.
3 Non Compliance of Statutory Compliances 0 to (-)5
4 Not obtained timely insurance coverage, ESI 0 to (-)5
5 Illegal disposal of waste oils, scrapes or any other hazardous 0 to (-)2

material
Total (A to E) 100
F Bonus Points : 10 Marks
1 Special initiative taken for the welfare of the contract workers 03
2 Showing interest to come out with suggestive innovative ideas. 03
3 To provide scope and space for the work of other agencies. 02

4 Response to DVC Tender Enquiries 02
5 Claims and dispute 0 to (-)3
TOTAL (A TO F)
G Total Marks obtained in the Month
Cumulative Marks up to Previous Month
Marks in this Month (Total A to F)
Cumulative Marks
Cumulative Marks obtained
Up to date Average Marks = ----------------------------------- No of
months
NOTE: In case of Up to date Average marks obtained above is 70 or below, the Contractor shall
not be Recommended for issue of tender enquiry for similar nature of work.
W&P Manual – 2016

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Page 137
Format for Contractor’s Performance Evaluation(DVC)

(To be firmed up by Indenting deptt. at the time of Contract proposal put up for Tech & Adm. approval)
{Applicable for Overhauling, Housekeeping, Worker Intensive Maintenance Contracts}
Monthly Performance Evaluation

1 Name of Work:
4 Month of Performance Rating From………………to……………..
Max Marks
Sl. NoDescription
Marks Obtained
A Quality and Workmanship in Work: Maximum 45 Marks
Quality of manpower deployed

(As per the terms & condition of contract, including literacy
level etc if any).
a. Skilled category, (Either ITI holder and / or selected by the
05
Engineer in Charge as per the experience and TEST conducted).
b. Unskilled category (Stress on literacy level, experience and
safety consciousness). 05
c. Trained/ qualified supervisor (Diploma holder and / or selected
by Engineer in charge, knowledge/relevant
experience). 05
1
d. Deployment/ development of highly skilled specialist technicians
for critical jobs.(as and when required) 05
Strictly following quality guidelines, quality plan and / or checklist

2 10
for each job, given by the Engineer In charge.
a. Repetition of job due to bad workmanship including defect

liability (frequency of occurrence & compliance for
rectification).
3
0 to (-) 15
b. Improper use of DVC facilities (Example: Leaving junction
boxes open after the job is over etc.)
a. Maintaining cleanliness at workplace while working (use of

working trays, container etc.)
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Page 138
4 b. Proper handling of grease, oil etc. (proper container, no spillage 06

& Contamination etc.)
c. Cleaning the workplace including removal of scrap after

completion of the job, removal of debris etc.
5 Use of proper tools & tackles applicable for a particular job. 05
6 Training of contractor’s manpower at DVC training centre for at 04

least 02 hours per fortnight.
B Adherence to Time Schedule: Maximum 30 Marks
1 Availability of all tools & tackles (under the scope of contractor) 05

without any time delay.
2 Mobilization of proper skilled & unskilled manpower without any 05

time delay
a. Completion of job within the time frame specified in the contract 10

(wherever available)
3
b. Advance Scheduling of Jobs along with Engineer In charge 05
before start of the job.
Mobilization time taken to start the job at the beginning of the

4 contract after getting intimation from the Engineer In charge. 05
Promptness to call.
C Adherence to Safety : Maximum 15 Marks
1 100% Supply of PPE & Uniform as identified in contract for 05

workers.
2 Follow health and safety plan whatever layout by safety deptt time 02
to time
3 Special care while working at heights. (Use of proper sized platform 02

/ safety belts etc).
4 Proper handling of material (while lifting heavy material at height). 02

(Example: Use of cage / basket etc).
Periodic testing of lifting tools & tackles which are at the

5 contractor’s scope Inspection of Tools & Tackles before start of 02
work and during the execution of contract whenever required.
6 Participation in Safety Awareness of the workers and training given 01

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by DVC and safety related records.

7 Promptness and responsiveness during emergencies 01
Non-compliance of safety requirements (depends on Reports issued 0 to

8 for violation of safety)
(-)4
D Responsiveness : Maximum 10 Marks
1 Ability to respond positively for changes in scope, schedules, 02

manpower
Availability of the contractor / site In-charge with adequate

2 authorization and powers for execution of job. Site In charge 02
response on Mobile/ Phone
3 Attending Telephone Calls both Land line and mobile for 24 x7 02

Hrs
4 Attending daily/ weekly/ monthly or other meetings 01
5 Deployment of adequate and appropriate manpower from time to 01

time
6 Timely submission of Check lists etc. 01
7 Timely submission of Bills, invoices and other required documents 01
E Statutory Compliances: 0 to (-) 30 Marks
Complaints received from the contract workers regarding 0 to

1 underpayment (less than statutory rates)/ Delayed Payment, No
payment) (-)10
No Record of release of PF to workers and / or complaints received 0 to

2 regarding the payment of PF.
(-)10
3 Non Compliance of Statutory Compliances 0 to(-)5
4 Not obtained timely insurance coverage, ESI 0 to(-)5

5 Illegal disposal of waste oils, scrapes or any other hazardous 0 to(-)2
material
Total (A to E) 100
F Bonus Points : 10 Marks

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1 Special initiative taken for the welfare of the contract workers 03
2 Showing interest to come out with suggestive innovative ideas 03
3 Participation in e-Tendering 02
4 Response to DVC Tender Enquiries 02

0 to
5 Claims and dispute
(-)3
TOTAL (A TO F)
G Total Marks obtained in the Month
Cumulative Marks up to Previous Month
Marks in this Month (Total A to F)
Cumulative Marks
Cumulative Marks obtained
Up to date Average Marks = ---------------------------------------- No
of months
NOTE: In case of Up to date Average marks obtained above is 70 or below, the Contractor shall not
be Recommended for issue of tender enquiry for similar nature of work.
(Sign of Engineer-in-Charge) (Sign of Authorized Representative of Contractor)
Contractor’s Performance Rating

(To be filled by Concerned Engineer in charge and HOD)
1 Name of Work:
4 Period of Performance Rating From………………to……………..
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Sl. No. Up to date Average Marks Obtained Rating Rating Obtained *

1 91 & above Very Good
2 81 – 90 Good
3 70 – 80 Satisfactory
4 Below 70 Unsatisfactory
* Write as applicable and put (X) which are not applicable
Recommendation Remark, (if any):
Engineer In charge:
Signature Name Designation
Head of Deptt:
Signature
Name
Designation
NOTE:
1. In case of Up to date Performance Rating obtained above is ‘Unsatisfactory’, the Contractor shall not
be recommended for issue of tender enquiry for a period as deemed fit not more than 2 years.
2. Enclose all the monthly filled up and Jointly Signed Performance Evaluation Form.
3. The Above Performance Rating shall, generally, be given at the completion of contract period
including its extension if any. However, if required, in C&M, the same
shall be given during the execution of work.
(Sign of Authorized Representative of Contractor)
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WORKS & PROCUREMENT MANUAL Sec-XIII
JULY 2016
Page 142
SECTION-XIII
VENDOR REMOVAL
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SECTION-XIII: VENDOR REMOVAL
REMOVAL FROM THE LIST OF APPROVED/ KNOWN VENDORS/ ENLISTED CON-

TRACTORS, SUSPENSION AND BANNING OF BUSINESS DEALINGS WITH FIRMS &
CONTRACTORS:
1. Removal of the firm/contractor from the list of approved/known vendors/enlisted contractors.

A firm/contractor is liable to be removed from the list of approved/known vendors/enlisted
contractors if, it is no longer considered fit to remain in s u c h list:
1.1 Conditions for Removal:
Removal from the list of approved/known vendor/enlisted contractor may be ordered by the
Project Chief Engineer/Chief Engineer /CMM, If a firm:-
(i) Makes any false declaration to Damodar Valley Corporation (DVC).
(ii) Claiming drawing double payment or submitting invoice for double payment for the supply of
same materials or carrying out the same job/work.
(iii) If the vendor is non-responsive against our enquires for consecutive three times.
(iv) Supplying defective materials and failure to replace the defective materials even after reasonable
extension is given to the firm for rectification/replacement of the defective materials or carrying
out defective/poor quality job, not conforming to specifications of the contract and failure to
rectify it within stipulated time.
(v) Fails to execute a contract or fails to execute it as per terms of contract
(vi) When the required technical staff or equipments are no longer available with the vendor or there is
change in the production line of vendor.
(vii) If the vendor is declared bankrupt or insolvent or its financial position has become unsound
and in the case of Limited Company, it is wound up or taken into liquidation.
(viii) Or any other misdeeds which may cause financial loss or commercial disadvantage to DVC
1.2 Implications of Removal:
(i) Once removed, the name of a firm/contractor may not be included/registered unless the competent
authority is satisfied that the said firm/contractor should be included in the list of
approved/known vendors/enlisted contractor.
(ii) Tenders received from a firm, whose name has been removed from the list of approved/known
vendors/enlisted contractors, but has not been suspended/banned may be given the same
consideration as is given to bidders in an open tendering process.
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1.3 Procedure for Removal from the list of approved/known vendor/enlisted contractor
The Concerned Project Head not below the rank of Chief Engineer/CMM, on receiving complaints
from concerned departments, shall pass appropriate Order for removal of the firm/contractor from
the list of approved/known vendors/enlisted contractors after observing following procedure :-
(i) A Show Cause Notice will be issued by the afore stated authorities, indicating clearly and
precisely the charges/misconduct which should be based on facts as can be proved as distinct
from mere allegations.
(ii) The firm/contractors may be given a period of 30 days to submit their representations if any, against
the Show Cause Notice.
(iii) Thereafter, the appropriate orders for removal of the firm/contractor from the list of
approved/known vendors/enlisted contractors may be taken only after perusing the representation
of the firm/contractor, if any, received in reply to Show cause Notice incorporating the reasons for
taking such action.
(iv) In case no reply to show cause notice is received within 30 days, appropriate order for
removal of the firm/contractor shall be passed ex-parte.
(v) The orders must specifically mention the fact that the reply to the Show cause Notice, if any,
has been considered by the said authorities,. The ex- parte order shall contain the fact that the
reply to show cause notice has not been received within stipulated time.
(vi) The decision regarding removal shall be communicated to the firm/contractor concerned by the
authority passing in respect of removal.
(vii) Order in respect of removal will be circulated to all the deptt./offices / CVO of the Corporation by
the issuing authority. The decision of removal will be intimated to Corporate IT Cell for removing
the name from the web site.
1.4 Revocation:
An order for removal passed for a certain specified period shall be deemed to have been
automatically revoked on the expiry of that specified period. However, before expiry of such
specified period an order of removal may be revoked provided the competent authority passes
appropriate order to this effect. The competent authority in this case shall be higher than the
authority passing the order of removal.
2. Suspension of Business Dealings with a Firm/Contractor:
Suspension of business dealings with a firm/contractor irrespective of whether it is known/approved
or otherwise may be ordered by the concerned Chief Engineer/Chief Materials Manager (CMM),
DVC, where pending full enquiry into the allegation, it is considered not desirable that business
with the firm/contractor should continue. Such an order may be passed:
(i) If the firm is suspected to be of doubtful loyalty to India;
(ii) If the Central Bureau of Investigation (CBI) or any other investigation agency recommends such
course in respect of a case under investigation.
(iii) If a prima-facie case is made out that the firm is guilty of an Offence involving moral
turpitude in relation to business dealings which, if established, would result in business dealings
with it being banned.
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2.1 Procedure for Suspension of Business Dealings:

(i) A Show Cause Notice will be issued by the afore stated authorities, indicating clearly and
precisely the charges/misconduct which should be based on facts as can be proved as distinct
from mere allegations.
(ii) The firm/contractors may be given a period of 30 days to submit their representation if any,
against the Show Cause Notice or ex-parte after expiry of the notice period.
(iii) Thereafter, the appropriate orders for suspension of the firm/contractor may be taken only after
perusing the representation of the firm/contractor, if any, received in reply to Show cause notice
incorporating the reasons for taking such action.
(iv) In case no reply to show cause notice is received within a stipulated time, appropriate order
for suspension of the firm/contractor shall be passed ex-parte.
(v) The orders must specifically mention the fact that the reply to the Show Cause Notice, if any, has
been considered by the said authorities. The ex-parte order shall contain the fact the reply to
show cause notice has not been received within stipulated time.
(vi) Order in respect of suspension will be circulated to all the deptt./offices including CVO of the
corporation by the authority imposing the suspension of business dealings to firm/contractor.
2.2 Suspension as prelude to Banning:
The Competent Authority may suspend business dealings with the firm/contractor as a prelude to
banning after following the procedure as indicated in para 2.1. After issuance of order in respect
of suspension, a copy of such order along with self-contained note and all relevant documents
shall be forwarded to the Chief Vigilance Officer, DVC for its observation within 15 days of
issuance of suspension order prior to passing of appropriate order regarding banning of business
dealings with the firm/contractor.
2.3 Banning of Business Dealings with the Suspended firm/Contractor.
An order for suspension of business dealings with a firm/contractor implies that all
departments/offices of respective DVC establishments are forbidden from dealing with that
firm/contractor till its revocation.
3. Banning of Business Dealings:
Banning of business dealings with a firm/contractor irrespective of whether it is known/approved
or otherwise may be ordered by the Senior Chief Engineer /Chief Engineer /CMM, DVC subject to
observation of Vigilance as per above para 2.2.
3.1 Grounds for Banning of Business dealings:

(i) If security considerations including question of loyalty to the state so warrant.
(ii) If there is strong justification for believing that the proprietor or employee or representative of
the firm/contractor has been guilty of malpractices such as Bribery, corruption, fraud, sub
situation of tenders, interpolation, misrepresentation, evasion or habitual default in payment of
any tax levied by law etc.
(iii) If the firm/contractor continuously refuses to return DVC dues without showing adequate cause
and DVC are satisfied that this is not due to reasonable dispute which would attract proceeding
in arbitration or court of law.
(iv) If the firm/contractor employs a government servant / DVC Officer, dismissed, removed on
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account of corruption or employs a non-official convicted for an offence involving corruption

or abetment of such an offence, in a position where he could corrupt DVC Officers
(v) Formation of price cartels with other suppliers/contractors/transporters with a view to artificially
hiking the prices.
(vi) Continuous failure to execute the job as per terms of the contract (thrice).
(vii) If the firm/contractor misuses the premises or facilities of the DVC, forcefully occupies or
damages the DVC’s property including land, water resources, forests/trees or tampers with
documents/records etc.
3.2 Procedure for Banning of Business Dealings:
User department or Engineer in charge will move the case which will be processed by concerned
Material Head/ Chief Purchase Officer and put up to TAA.
(i) A Show Cause Notice will be issued by the TAA indicating clearly and precisely the
charges/misconduct which should be based on facts as can be proved as distinct from mere
allegations.
(ii) The firm/contractors may be given a period of 30 days to submit their representation if any,
against the Show Cause Notice.
(iii) Thereafter, the appropriate orders for Banning of business dealings with the firm/contractor may be
taken only after perusing the representation of the firm/contractor, if any, received in reply to
Show Cause Notice incorporating the reasons for taking such action.
(iv) In case no reply to show cause notice is received within stipulated time, appropriate speaking order
for suspension of the firm/contractor shall be passed ex-parte.
(v) The orders must specifically mention the fact that the reply to the show cause Notice, if any, has
been considered by the said authority. The ex-parte order shall contain the fact that the reply to
show cause notice has not been received within stipulated time.
(vi) Once the proposal for issuance of Notice of default is approved by the TAA, a “Notice of
Default” duly vetted by legal Deptt shall be issued by the TAA himself or by a person authorised
for the said purpose to the Agency giving them a period of 30 (thirty) days to remedy the default.
In cases where investigation has been carried out by Vigilance Department or CBI etc. the Notice
of default will also be vetted by vigilance department before issuance.
If agency fails to remedy or take adequate steps to remedy the default to the satisfaction of DVC
within the Notice period mentioned above, the business dealings shall be withheld with the Agency
after approval of the TAA. The order of such withholding of business dealings shall be
communicated to the Agency (after vetting by legal deptt.) by the TAA himself or by a person
authorised for the said purpose.
vii) The entire process of banning be completed within 45 days from the date of show cause notice.
viii) Where TAA is Board or Chairman approval from concerned Member to be obtained.
3.3 Banning order shall specify:
(i) The specific period (permanent, if required) for which it will be effective; (ii) The names of all
the Partners, Directors etc. of the firm and its affiliates.
(iii) A decision to withhold business dealings with any Agency for project awarded contracts shall
be restricted to such project only and for Head Quarters awarded contracts withholding shall
apply throughout the company. The duration of withholding the Agency shall be for a period
of minimum 01 (one) year & maximum 03 (three) years.
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3.4 A copy of the order of banning business dealings with a firm/contractor will be forwarded to the
respective authorities for its communication to the firm/contractor concerned and circulation to
all the procurement/contract deptt. of DVC in the following manner:
(i) Orders in respect of all the Technical deptts. except Civil Engineering Deptt. will be forwarded to
the Chief Materials Manager, Kolkata for its communication and circulation among the following:
a. Firm/contractor concerned
b. All the technical sections of Plants c. All the offices under its control
(ii) Orders in respect of Civil Engineering Deptt. will be forwarded to the Chief Engineer
(Civil), Maithon for its communication to the firm contractor concerned and circulation among all
the concerned deptt./offices.
(iii) Orders in respect of deptts., not falling under category (i) & (ii) above, will be forwarded to
the Additional secretary, Kolkata for its communication to the firm/contractor concerned and
circulation among concerned deptt./offices.
(iv) The respective authorities as above will also examine the provision of banning the firm/contractor
throughout the valley on obtaining feedback from the concerned EDs regarding any critical issues with
the firm/contractor is process in any establishment which may have adverse effect if banning is done
through out the valley.
3.5 No contract of any kind whatsoever shall be placed with a banned firm/contractor including its
affiliates by any of the deptts./offices of DVC/particular establishment of DVC as the case may be
after the issuance of a banning order as per sl. no. 3.3 above. Contracts concluded before the issue
of banning order shall, however, not be affected by the banning order. Particular care should be
taken to see that the same firm/contractor does not appear under a different name to transact
business with DVC. Even in cases of risk purchase, no contract should be placed on a banned
firm/contractor.
The name of the vendor/supplier, who has been banned, be hoisted in the DVC Web site by IT
Cell Under captioned BANNED VENDOR.
3.6 Revocation
An order for banning of business dealings passed for a certain specified period shall be deemed to
have been automatically revoked on the expiry of that specified period. However, before expiry
of such specified period an order of banning may be revoked provided the Senior Chief Engineer
/Chief Engineer /CMM, DVC passes appropriate order to this effect with approval of one step
superior than TAA, not above the chairman for the interest of DVC with specific records in the file.
4. Effect of Banning
The agency, after issue of order of banning of business dealings, would not be allow to participate
in any future tender enquiry and if the agency has already participated in any tender process and
the price bids are not opened, his techno-commercial bid will be rejected and price bid will not be
opened/returned unopened. However, where the price bids of agency have been opened prior to
order of banning, bids of the agency shall not be rejected.
5. Appeal against Banning Order
5.1 The concerned member {Member (Technical/ Secretary)} will be the Appellate Authority.
5.2 The vendor/ contractor may file an appeal against the order of the Competent Authority on
banning business deal etc. The appeal should be filed to the Appellate Authority. Such an appeal
should be preferred within one month from the date of issue of the order banning business dealing
etc.
5.3 Appellate Authority would consider the appeal and pass appropriate order which shall be
communicated to the vendor/contractor as well as to the competent Authority.
W&P Manual – 2016
WORKS & PROCUREMENT MANUAL Sec-XIV
JULY 2016
Page 148
SECTION-XIV
NIT FORMAT
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Page 149
SECTION-XIV: NIT FORMAT
FORMAT FOR OPEN/LTE (WITH QR) TENDERING TO BE USED AS BID DOCUMENT /

WEBSITE PUBLICATION AFTER DELETING THE NON-RELEVANT PORTIONS THE
SAME MAY ALSO BE USED FOR LTE AFTER DELETING THE NON-RELEVANT
PORTIONS

(ESTABLISHED BY THE ACT XIV OF 1948)
INVITATION FOR BID (IFB)
NAME OF THE PLANT/OFFICE
ADDRESS OF THE PLANT/OFFICE
E-mail :
FAX :
Phone :
Tender No.
Dated :
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1) Damodar Valley Corporation (DVC) invites bids on e-Tendering basis {Four envelopes, i.e.
Envelope1 (Documents in support of Cost of Bidding, Documents in support of Bid Security and
Integrity Pact) Envelope2 (Supporting documents for QR), Envelope3 (Techno-commercial Bid) &
Envelope4 (Price Bid)} from eligible bidders for (Name of Work) for (Name of Station) at (Place,
District, State) state in the Eastern region of India as per the Scope of Work mentioned hereinafter.
Earnest Money Deposit (EMD) :-
Cost of Tender Papers /Documents:
NIT Schedule
Sl Particulars Date & Time Remark

No
1 Publication of NIT https://etender.dvc.gov.in
2 Document Downloading date & https://etender.dvc.gov.in

Timing
2 Date of Pre-bid Meeting Pre bid query shall be submitted

through e mail
3 Last date & Time of Uploading https://etender.dvc.gov.in

Envelope 2, Envelope3 & all related
supporting documents and Envelope
4 online and also the submission of
original hard copy of all the
documents of Envelope1 offline.
4 Bid Opening Date & Time (Envelope1

offline)
5 Bid Opening Date (Envelope2 ,

Envelope3 and all related supporting
documents online) (only for those
Bidders whose Envelope1 satisfy the
conditions as asked in the NIT)
6 Bid Opening Date (Envelope 4 online) At a date to be

(only for those Bidders whose notified later on
Envelope1 satisfy the conditions as by DVC.
asked in the NIT and also are QR
qualified and techno commercial
complied bids)
7 Last date for submission of Pre-bid

query
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2) SCOPE OF WORK
The brief Scope of work is as under:
3) Detailed specification, scope of work and conditions are given in the bidding documents, which are
available for examination and sale at the address given below and as per the schedule mentioned in
AIFB.
4) All bids must be accompanied by Bid Security for an amount of Indian Rs. (Amount) If the bid
price is quoted fully or partially in foreign currency, the Bid security shall be in US Dollars.
5) ANY BID NOT ACCOMPANIED BY AN ACCEPTABLE BID SECURITY DOCUMENTS

(IN THE FORM OF ORIGINAL BANK GUARANTEE, OR, AUTHORISATION LETTER
OF THE BIDDER MENTIONING TRANSACTION ID FOR PAYMENT THROUGH E-
PAYMENT GATEWAY)/ COST OF BID DOCUMENTS/ INTEGRITY PACT IN
ENVELOPE-1 SHALL BE REJECTED BY THE EMPLOYER AS BEING NON-
RESPONSIVE AND WILL NOT BE CONSIDER FOR FURTHER OPENING.
6) QUALIFYING REQUIREMENT
The requirement should be mentioned here as per QR set by QR committee and verification of
document clause as per W&P Manual.
7) DVC 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 action.
8) In order to submit the Bid, the bidders have to get themselves registered with the portal and
should possess valid Digital Signature Certificate. The Registration of the Bidders on the portal
will be on-line and one time activity. The system will assign a unique user ID for each Bidder
which will be valid till for 1 or 2 year as the case may be. Service Provider Fee as applicable will
be borne by the bidder/tenderer and same may be included with cost of Tender/Bid Document. . In
case where cost of tender document is nil (Industries registered with NSIC/ Limited Tender etc.),
Service Provider Fee is to be taken from such participating bidder.
9) A complete set of Bidding Documents may be downloaded by any registered Bidder. Downloading
of Bidding Documents by any Bidder shall not construe that such Bidder is considered to be
qualified. Transfer of Bidding Documents downloaded by one intending bidder to another is not
permissible. For participating this e-tender, Bidder have to pay the cost of the documents (non–
refundable) as mentioned above either in the form of a Demand Draft/Bankers Cheque drawn in
favour of Damodar valley Corporation payable at Kolkata / Head of the Accounts of respective
projects, to the (address of the Tender Inviting Authority). or “through electronic mode, i.e. through
e-payment gateway” and the Same (“Crossed Account Payee Demand Draft” or, “the authorisation
letter of the Bidder mentioning transaction ID for e-payment”) in Envelope-1 should be received by
DVC at the address given below during office hours, on or before the last date & time of Bid
Submission/Uploading period. Bids (“Envelope-1 offline” & “Envelope2 , Envelope3 & all related
supporting documents and Envelope4 online” ) received by DVC after last date & time of Bid
Submission/Uploading period will not be considered at all and DVC authorities will not take any
responsibility to accept the same. If the day is declared a holiday by DVC, then these activities will
be taken up on the next working day at the same time schedule
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The names and designation along with e-mail address of two officers specially assigned for
receiving the hard copy of Envelope1 and for online receiving of Pre-bid quires as well as for
future correspondence are mentioned below:-
a. NAME, e-mail of two officers
No other person in the Office of the Chief Engineer (Project) other than those mentioned above
is authorised to receive the “hard copy of Envelope-1 or to grant receipts for the same delivered
by hand” and “for online receiving of Pre-bid quires as well as for future correspondence”.
10) DVC shall not be responsible in any way for any delay/ difficulties/ inaccessibility of the
downloading or uploading facility from the website for any reason whatsoever. In case of any
discrepancies found between the downloaded tender documents from the website and the master
copy available in the website www.tenderwizard.com/DVC, the latter shall prevail and will be
binding on the tenderer(s). No claim/appeal on this account will be entertained or given
cognizance.
11) Address for communication:
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INSTRUCTIONS TO BIDDERS (ITB)
1) All tenderers would be bound by the terms and conditions as detailed in tender specifications by the
DVC and enclosed GCC.
2) Once a set of tender specification is purchased/downloaded by a prospective tenderer the price
thereof will not be refunded on any circumstances. Tender documents issued in the name of a
party is not transferable.
3) If any tenderer submits tender without purchasing a copy of the tender specification of the
DVC, their tender will be treated as irregular and will be rejected.
4) Orders placed by the Corporation will be guided by enclosed GCC and are also subject to the
following Terms & Conditions:-
TERMS & CONDITIONS
a) Unless agreed otherwise, the rates quoted by manufacturers must be (specify price basis,
firm/variable price) on FOR destination basis and in Indian Rupees and exclusive of Customs,
Import Duty (if applicable), sales tax, ED, F&I charges etc. These are to be quoted in an explicit
way. If the price quoted is the variable one, then it should be guided as per terms mentioned in
Optional Terms & Condition Clause No. 03. Rates quoted for bought out items should be all
inclusive price on F.O.R. Destination basis. However, specific quantum of F&I charges, if any, to
be spelt out clearly.
b) LD Clause and Risk Purchase Clause: It will be applicable as per Clause No. 13 of GCC.
c) Supplies must be strictly in accordance with specifications and/or drawings, samples etc. furnished
or approved by the DVC. For any deviation in respect of technical specifications and commercial
terms and conditions whatsoever, suppliers will be responsible. Bidders are requested to go
through the Clause No. 06 of GCC before submitting their offer.
d) Goods supplied will be subject to our inspection and approval before despatch and also on
arrival at the destination in case of payment against dispatch document through bank or where
stage inspection is required. Inspection before despatch will not however, relieve the supplier of
their responsibility to supply strictly in conformity with the specification and or drawing samples
etc. At least 15(fifteen) days clear notice should be given to the Indenting Officer, for arranging
inspection before despatch.
e) The supplier will be held responsible for the stores not being sufficiently and properly packed at
his expenses for transport by rail, road and sea or air; so as to ensure them being free from loss
or injury at their destination. This will apply to Ex-Go Down offer also.
f) Each bale or package delivered under our order shall at the expense of the supplier be distinctly
marked with description and quantity of contents with the consignee’s name and address with
gross weight, with the name of supplier and with a distinctive number or mark which is also to be
shown for the purpose of identification of suppliers packing account.
g) Each bale or package shall contain a packing note quoting the number and date of our order
showing its contains in detail. If any part or parts fails to deliver the desired result or proved
defective within the guarantee period i.e. within 12 months from the date of commissioning or
18(eighteen) months from the date of supply, whichever is earlier owing to defects in design or
materials or workmanship, suppliers will have to replace them free of cost.
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h) In accepting the order suppliers are understood to accept to all responsibilities for any infringement
in registered design, trade mark, patent rights etc.
i) Arrangements for Transit insurance, where necessary, normally be made by DVC and the
name of the Insurance Co. will be communicated to supplier If insurance be arranged by Supplier
without DVC’s prior written approval expenses will not be met by DVC. When insurance is
arranged by DVC goods are not be despatched until the name of the Insurance Co. is communicated
to the supplier.
j) Except where the Purchase Order specifies ‘Free delivery’, goods are to be delivered at consignee’s
store on ‘freight paid’ basis and in case of “freight to Pay” basis, freight charges to be claimed
against documentary evidence. Whenever freight to be paid for each truckload, the same should be
on full truck basis.
k) The advance payment, in exceptional cases, may be given to the extent of 10% of total order value
which will be interest bearing at prevailing SBI base rate plus 3.5% against submission of a Bank
Guarantee of 110% amount (on amount of advance) and not less than 2 instalments and Bank
Guarantee should have sufficient validity covering the full delivery period of the consignment and
final payment thereof. However rate of interest should be applied for calculation of interest on the
advance amount in reset basis (i.e. not fixed rate of interest, it may go on changing during the
period of advance remain unadjusted) based on the change of base rate time to time.
l) Where a claim of Sales Tax/VAT is preferred and admitted, the supplier must satisfy that he is a
registered dealer under the Sales Tax Act and Possesses a Certificate of Registration in the firms
name in which the supply is made and shall in proof thereof, while submitting bills for payment,
furnish the number date and other particulars of such Certificate.
m) Earnest Money: Tender must accompany an “Earnest Money” of Rs. …………. Earnest money
should be deposited in the mode as described in NIT. Tender without Earnest Money in desired
form will not be considered valid and therefore, be rejected.
n) Conditions of Forfeiture of EMD: As per Clause 4.0 of GCC will be applicable.
5) SECURITY DEPOSIT-CUM–PERFORMANCE GUARANTEE
Applicable as per Clause No. 14 of GCC.
SSI Units registered with NSIC, under its single point registration scheme, are exempted from
depositing Security Deposit for ordering value upto the monetary limit for which the unit is
registered. Small-scale industries seeking such exemption must enclose valid registration certificate
from appropriate Govt. Authority giving details such as validity, stores, monetary limit etc. failing
which exemption will not be granted.
However, these SSI units will have to submit Performance Guarantee for the materials to be
supplied as per DVC norms and to be submitted before the despatch of materials and no payment
will be affected till the acceptance of the same.
6) DELIVERY REQUIRED :-
a) Materials to be delivered to consignee:
i) Within days of issuance of Purchase Order.
*ii) within days of date of drawing approval.
*Delete if it is not applicable for the tendered item. If the tendered item is to be supplied on the
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basis of approved drawing only, clause No. (a) to be linked with Serial (ii) only.
The following needs to be inserted under this clause of NIT in filled up condition (to be furnished
by Indenting Officer along with the indent) in order to firm up the delivery schedule and to
identify the agency (DVC/Vendor) responsible for delay in delivery, if any, on execution of the
contract.
b) Drawing to be submitted to indenter for acceptance within days from date of issuance of
Purchase Order.
(‘Drawing’ means ‘Final Drawing’ which needs no further correction/alteration. Date of submission
of final drawing to be reckoned as the date of submission of drawing by the vendor.)
c) Approval of final drawing to be given by the indenting officer to the vendor within days from the
date of submission of the same by the vendor.
d) Inspection call (email/Fax/Post) to be given by the vendor to the consignee/indenting officer
before fifteen (15) days of readiness of material for inspection/testing at their works.
e) Inspector to be sent by the Consignee/Indenting Officer within 3(three) days of inspection date as
mentioned in the inspection call letter or within 7(seven days of date of receipt of inspection call
letter whichever is later.
f) Dispatch clearance to the vendor to be given by the Indenting Officer through email/Fax/Post
within 5(five) days of date of inspection with a copy to consignee if not issued by the
Inspection Engineer after inspection.
7) WARRANTY CLAUSE
Guarantee/Warranty Period as asked in indent.
8) Payment Terms:
(Details shall be provided here)
9) Evaluation Process:
(Details shall be provided here)
10) PAYMENT THROUGH RTGS/NEFT

All payments to the vendors will be released through RTGS/EFT only. Vendors are requested to
submit the requisite details as per Annexure E.
11) CONTENT OF BIDDING DOCUMENTS
The facilities required, bidding procedures, contract terms and technical requirements are prescribed
in the bidding documents as mentioned in the following sections :
(Details of NIT documents shall be provided here)
12) Submit your tender in the following manner : Specify the number of envelopes (A, B, C)
alongwith the contents of the same in detail as per Tender Requirement (for one part/two part).
13) CLARIFICATION ON BIDDING DOCUMENTS

a) A prospective Bidder requiring any clarification to the bidding documents may notify the Employer
only through e-mail/post to the two officers specially assigned for receiving Pre-bid quires as
mentioned in the IFB NIT Schedule up to the last date for submission of Pre-bid queries. The
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Employer will respond either in the Pre-bid discussion or as Pre-bid replies through website to any
request for clarification of the bidding documents. The Pre-bid conference will take place at the
communication address as given in the IFB. It will be assumed that the information contained in the
pre-bid replies will have been taken into account by the Bidder in its bid.
Further, any modifications of the Bidding Documents which may become necessary as a result of
the pre-bid conference shall be made by the Employer exclusively through an amendment to the
bidding documents in the website only.
Non-attendance at the pre-bid conference will not be a case for disqualification of a bidder.
b) The Bidder is advised to visit and examine the site where the facilities are to be installed and its
surroundings and obtain for itself on its own responsibility all information that may be necessary for
preparing the bid and entering into a contract for supply and installation of the facilities. The costs
of visiting the site shall be borne by the bidder fully.
c) The Bidder and any of its personnel or agents will be granted permission by the Employer to enter
upon its premises and lands for the purpose of such inspection, but only upon the express condition
that the Bidder, its personnel and agents will release and indemnify the Employer and its personnel
and agents from and against all liability in respect thereof and will be responsible for death or
personal injury, loss of or damage to property and any other loss, damage, costs and expenses
incurred as a result of the inspection.
14) AMENDMENT TO BIDDING DOCUMENTS

a) At any time prior to the deadline for submission of bids, the Employer may, for any reason, whether
at its own initiative, or in response to a clarification requested by a prospective Bidder, amend the
bidding documents.
b) The amendment will be notified only to the www.tenderwizard.com/DVC and will be binding on
them. It will be assumed that the information contained therein will have been taken into account by
the Bidder in its bid.
c) In order to afford prospective Bidders reasonable time in which to take the amendment into account
in preparing their bid, the Employer may, at its discretion, extend the deadline for the submission of
bids.
15) PREPARATION OF BIDS
a) LANGUAGE OF BID
The bid prepared by the Bidder and all correspondence and documents related to the bid exchanged
between the Bidder and the Employer shall be written in English language, provided that any
printed literature furnished by the Bidder may be written in another language, as long as such
literature is accompanied by a translation of its pertinent passages in English language in which
case, for purposes of interpretation of the bid, the translation shall govern.
b) DOCUMENTS COMPRISING OF THE BID

Four envelope bidding procedure shall be followed for the Subject package as under:
(i) Envelope1 : Documents in support of Cost of Bidding, Documents in support

of Bid Security & Integrity Pact.
(ii) Envelope2 : Supporting documents for QR as asked in NIT.
(iii) Envelope3 : Techno-commercial Bid.
(iv) Envelope4 : Price Bid.

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Techno-commercial bid should not contain any price content entry.
c) PERIOD OF VALIDITY OF BID

i. Bids shall remain valid for a period of 180 days from the closing date prescribed by the Employer
for the receipt of bids. A bid valid for a shorter period shall be rejected by the Employer as being
nonresponsive.
ii. In exceptional circumstances, the Employer may solicit the Bidder's consent to an extension of the
bid validity period. The request and responses thereto shall be made by e-mail. If a Bidder accepts to
extend the period of bid validity, the validity of bid security shall also be suitably extended. A
Bidder may refuse the request without forfeiting its bid security. A Bidder granting the request will
not be required nor permitted to modify its bid.
16) Before filling the offers, bidders are requested to go through the general conditions of Contract,
DVC in order to familiarize with DVC’s commercial terms & conditions, Cost Compensations for
deviations and bid evaluation procedure.
17) The Bidder is also advised to visit and examine the site where the facilities are to be installed and
its surroundings and will obtain on its own responsibility all information that may be necessary for
preparing the bid and entering into a contract for supply and installation of the facilities. The costs
of visiting the site shall be at the Bidder’s own expense.
18) DVC reserves the right not to accept the lowest rate quoted by a Tenderer and reject any or all
the tenders and to split up and award the P.O. to more than one tenderer without assigning any
reason thereof and may also increase the number of tendered quantities to be procured, as stipulated
in NIT.
19) On receipt of formal Purchase Order in duplicate, one copy shall be returned to the purchase order
issuing authority duly acknowledged with signature, seal of the firm with date as a mark of
acceptance of the contract.
20) Unsigned offer submitted by any bidder will not be considered valid.
21) If anyone is not in a position to quote for any reason, please send ‘regret’ letter positively.
22) Offer submitted through FAX/E-mail will not be accepted.
23) MODIFICATION AND WITHDRAWAL OF BIDS:

The Bidder may modify or withdraw its bid (offline/online) after submission, provided that written
notice of the modification or withdrawal is received by the owner prior to the deadline
prescribed for bid submission. In no case cost of the bidding documents will be refunded. The
bidder’s modifications shall be prepared, sealed, marked and despatched as per original offer with
superscribing the bid envelopes “BID MODIFICATIONS-ORIGINAL” and “BID
MODIFICATIONS – COPIES”.
24) Original/ Self authenticate and attested by public notary of all relevant documents, wherever needed
to be produced before TC for verification. However, DVC reserves the right to call for original
document, if needed failing which the offer is liable for rejection.
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25) DVC shall not be responsible in any way for any delay/difficulties/ inaccessibility of the
downloading facility from the website for any reason whatsoever.
26) The tenderers who are found to be indulging in changing /adding or deleting the contents of the
downloaded tender documents will be liable to face necessary action as deemed fit including
banning, suspension of business dealings etc.
27) In case of any discrepancies found between the downloaded tender documents from the website
and the copy available online (website) the latter shall prevail and will be binding on the
tenderer(s). No claim/appeal on this account will be entertained or given cognizance.
28) Tenderers will be solely responsible for the correctness/genuineness of the downloaded tender
documents from the website. If the offer submitted through the downloaded tender documents
which are incomplete, or with changed contents, the offer will summarily rejected.
29) Offer submitted by the tenderers through fax/telegrams/e-mail will not be considered valid.
30) A notarise power of attorney, indicating that the persons using the digital signature/ the
persons signing the bid has/ have the authority to sign the bid and that the bid is binding upon the
bidder during the full periods of validity.
31) Settlement of disputes and Arbitration: It will be guided as per Clause No. 33 of enclosed GCC.
32) All suits arising out of the enquiry and subsequent Purchase Order if any, are subject to the
jurisdiction in the City of Kolkata only.
Chief Purchase Officer/Tender Inviting Authority

For & on behalf of Damodar Valley Corporation
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SECTION-XV
GENERAL CONDITION OF
CONTRACT
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SECTION: XVI- GENERAL CONDITIONS OF CONTRACT
1. DEFINITION:
The following terms and expressions used herein shall have the meaning as indicated therein:-
Purchase Order/The Contract: Shall mean the documents forming the tenders and acceptance
thereof together with the documents referred to therein including the conditions,
specifications/Scope of Work, designs, drawings and instructions issued from time to time by the
Purchaser/ Owner and all these documents taken together shall be deemed to form one contract.
Applicable Law : This contract including all matters connected with this Contract shall be
governed and construed in accordance with the Indian Law both substantive and procedural and
shall be subject to the exclusive jurisdiction of Indian courts at Kolkata {South 24- Parganas, New
Alipore Court(India)}.
Contract Price: It means the total price to be paid for the supply of materials/goods/services to
the consignee.
Supplier/Vendor/Contractor: Shall mean the registered individual firm, Company or Corporation
whether incorporated or otherwise to whom the Purchase Order/Work Order/LOA/LOI is addressed
and shall include its permitted assigns and successors.
Purchaser/Owner: Shall mean Damodar Valley Corporation, a statutory body established under
Act No. XIV of 1948 of GOI having its Corporate Office at DVC Towers, VIP Road, Kolkata –
700 054.
Party: It means the owner or the bidder, as the case may be, and ‘Parties’ means both of them.
Sub-Vendor/Sub Contractor : Shall mean the person/organization/firm named in the Purchase
Order/Contract for any part of the material/works to whom that part of the Purchase Order/Contract
has been sublet by the vendor with the consent in writing of the ‘Owner’ and will include the legal
representatives, successors and permitted assigns of such person.
Equipment/Stores/Materials: Shall mean and include equipment, stores & materials to be supplied
by the vendor under the contract.
Specification/Scope of Work : Shall mean the Specifications and Bidding documents forming a
part of the contract and also such other schedules and drawings furnished by purchaser/owner and
or as may be mutually agreed upon.
Guarantee/Warranty Period: Shall mean the period during which the vendor shall remain liable
to repair or replacement of any defective part of the Stores/Equipment/Materials supplied/works
executed under the contract.
Any other definition of any term/item etc. can be added under the head definition as per
suitability of package and the same is to be decided by TIA.
2. REFERENCE:
The number of the concerned Purchase Order/Work Order/LOA/LOI/LOI-cum-Work Order must
appear on all correspondence, drawings, invoices, packing and shipping documents and on all
documents or papers connected with the Contract.
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3. SPECIFICATIONS AND DRAWINGS:

3.1 Any information, details etc. called for in the specification and not shown in the drawings and vice-
versa shall have the same effect and meaning as if called for and shown both in the specification
and drawings. In case of conflict between the specifications and drawings, the decision of the
Purchaser/owner or his duly authorized representative shall be final and binding.
3.2 STANDARDS :
The goods/materials supplied under this contract shall conform to the standards mentioned in the
Technical Specification, and, when no applicable standard is mentioned, the authoritative standard
appropriate to the goods/materials issued by the concerned institution and such standard shall be the
latest.
4. CONDITIONS FOR FORFEITURE OF EMD:

The EMD may be forfeited
1 For failure of tenderers to accept the order / LOI / LOA placed within the validity period of their offer,
2. Any bidder withdraws/varies his offer within the bid validity period before finalisation of the tender.
3. If the bidder does not accept the arithmetical correction of its bid price.
4. For failure to submit security cum performance BG within 30 days from the last day of the specified
time limit as stipulated in the PO/LOI/LOA/LOI-cum-Work Order.
5. If the acceptance of order is not received within the stipulated period.
6. If the Bidder does not withdraw any deviation listed in Statement of Deviations at the cost of
withdrawal indicated by him,
7. If the Bidder refuse to withdraw, without any cost to the Owner, any deviation not listed in Statement
of Deviations but found elsewhere in the Bid,
8. On providing false or incorrect information in respect of qualifying requirement etc.
9. In case the L1 bidder for any item fails to produce the documents within the specified period of 10
days in case of domestic tenders and 15 days in case of global tenders, or if any of the information
furnished by L1 bidder on-line is found to be false by the Tender Committee during verification of
documents.
5. DISCREPANCIES IN THE BID &TREATMENT THEREOF:

The bids shall also be checked for computational error, if any, to arrive at the computed price, as
per provisions in the following:
• In case of discrepancy between the original and copies of bid, the original bid will be
considered correct.
• If there is a discrepancy between the unit price and the total price, which is obtained by
multiplying the unit price and quantity of any item, or between sub-total and the total price,
the unit or sub-total price shall prevail, and the total price shall be corrected accordingly.
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• If there is a discrepancy between words and figures, the amount in words will prevail.
• If there is a discrepancy between the quantity specified by DVC in the bidding document and
that indicated by the bidder in his bid, the former shall be taken to arrive at the computed price on
pro-rata basis.
• In case the unit rate of an item is not quoted but the total price is indicated, the same shall be
taken to arrive at the computed price. The computed price arrived at, as above, shall be
considered for the purpose of award also.
• If the bidder does not accept the correction of errors as worked out by above methodology, its
bid will be rejected and the earnest money will be forfeited.
6. COST COMPENSATIONS FOR DEVIATIONS :

Deviations specifically declared by the bidders in the respective Deviation Schedules of as per
Annexure C (to be submitted along with techno-commercial offer) and respective cost of
withdrawal of such deviation as per Annexure D (to be submitted along with the price bid)
only will be taken into account for the purpose of evaluation. The bidders are required to declare
the prices for the withdrawal of the deviations declared by them in the Deviation Schedules. Such
prices declared by the bidders for the withdrawal of the deviations in the Deviation Schedules
shall be added to the bid price to compensate for these deviations. In case prices for the withdrawal
for declared deviations are not furnished by the bidder, their offer will be considered as
unresponsive and will be rejected. In case the bidder refuses to withdraw the deviations at the
cost of withdrawal indicated by the bidder in the Deviation Schedules, the bid Security / EMD of
the bidder may be forfeited.
Bidders may note that deviations, variations and additional conditions etc. found elsewhere in the
bid other than those stated in the Deviation Schedules, save those pertaining to any rebates, shall
not be given effect to in evaluation and it will be assumed that the bidder complies to all the
conditions of Bidding Documents. In case bidder refuses to withdraw, without any cost to the
Owner, those deviations which the bidder did not state in the Deviation Schedules, the bid security
of the bidder may be forfeited and the bid is liable for rejection.
Bidders are requested to quote the technical parameters/ guaranteed technical particulars of the
quoted item as per specification sheet/booklet enclosed with the bid document.
(ii) Bidders are requested to offer their commercial terms and conditions as per Annexure-A
attached herewith.
(iii) Manufacturers are requested to offer their pricing as per Annexure - B attached herewith.
7. INSPECTION / CHECKING / TESTING :

All materials/equipments manufactured/supplied by the vendor against the Purchase Order/contract
shall be subject to inspection, check and/or test by the Purchaser or his authorised representative.
All these tests shall be carried out in the presence of Owner and/or his authorized representative.
Vendor shall notify the Purchaser at least 15 days in advance when the material / equipment is
ready for inspection. If upon delivery, the material / equipment does not meet the specifications /
samples, the material / equipment / spares shall be rejected and vendor to be intimated for
necessary repairs / modification etc. or for replacement. In such cases all expenses including to-
and-fro freight, repacking charges etc., if required, shall be to the account of the vendor.
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Inspection by Purchaser and / or his authorized representative or failure by the Purchaser and/or
his authorized representative to inspect the material / equipment shall neither relieve the Vendor
of any responsibility or liability under this Purchase Order / contract in respect of such material /
equipment nor be interpreted in any way to imply acceptance thereof by the Owner.
Whenever specifically asked for by the Owner/Purchaser and/or his authorized representative, the
Vendor shall arrange for inspection/testing by the Owner or third party authorised agencies as
stipulated in the Purchase Order / contract. In such cases Vendor shall adhere to the inspection /
testing procedure laid down by such agencies. All expenses including inspection fees shall be to
the Purchaser account unless agreed to the contrary and specified in the Purchase Order/contract.
8. ACCESS TO VENDOR’S PREMISES :

The Owner and/or his authorized representative shall be provided access to Vendor’s and/or his
sub-vendor’s premises at any time during the pendency of the Order/contract for expediting
inspection, checking etc. of work.
9. TRANSIT INSURANCE & REMOVAL OF REJECTED GOODS AND REPLACEMENT ;

The items to be supplied have to be covered by Insurance during transit from vendors works /
site / godown upto the consignee’s respective project/formation/ store. It is mandatory to avail
DVC’s Open Insurance Policy for all concerned for all O&M Projects and all other installations.
In Turnkey Project Contracts, the bidders have to supply materials / equipment from the vendors
approved by DVC (which may also include the bidder as manufacturer of the product), which is
normally firmed up after placement of order. The quoted freight & insurance charges for this
purpose are, therefore, irrespective of the vendors and geographical locations of their works. The
bidder is, therefore, entitled to the fixed freight & insurance charges and no documentary evidence
in support of the claim may be insisted upon and hence Mega Risk Policy would not be applicable
for them.
9.1 If upon delivery to consignee’s go-down, whether inspected and approved earlier or otherwise, the
material / equipment is not found in conformity with the specifications, the same shall be
rejected by the Purchaser or his duly authorized representative and notification to this effect
will be issued to the Vendor normally within 30 days from the date of Receipt of the
material at the Works / Site / consignee’s end.
The Vendor on receipt of notification shall arrange removal of the rejected items within 15 days
from the date of notification at his own cost. In the event the Vendor fails to lift the materials
within the said 15 days, the consignee or his authorised representatives without any further notice
or information to the vendor, shall be at liberty to dispose of such rejected items in any manner
as he may think fit. All expenses shall be recoverable from the Vendor.
9.2 In the event, the equipment and materials or any portion thereof are damaged or lost during transit,
the consignee or his authorised representatives shall give notice to the Supplier/vendor detailing the
particulars of such equipment & materials damaged or lost during transit. The replacement of such
equipment and materials to be effected by the supplier / vendor free of costs including handling and
transportation charges upto site, within a reasonable time.
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10. TERMS OF PAYMENT (Only relevant payment term applicable as per type of
package/tender should be included in the tender/bid document)
For purchase order involving supply only, payment terms will be as below:
100% payment alongwith full taxes & duties will normally be made by the purchaser/Owner to
the Vendor through A/C Payee Cheque /RTGS within 15 working days from the date of receipt of
material at site and after inspection & acceptance thereof or from date of receipt of invoice
whichever is later. The consignee would arrange for inspection of the supplied items. All documents
relating to payment would be checked and verified and to be passed by the concerned Accounts
Office before effecting payment, with reference to the P.O./ LOI /LOA.
However, payment terms for POs placed directly on manufacturer /authorised dealer may also be
done as below:
90% of the ordered value to be paid against despatch documents through bank subject to prior
acceptance of SDBG, if applicable. Balance 10% of the ordered value to be paid after receipt of
materials at site and acceptance thereof.
Provision of part payment against part supply of consignment at consignee’s end may be
incorporated in Purchase order on the merit of the case (only if the part consignment can be used
independently), provided necessary stipulation is made in the bid document.
The payment terms for any works/service contract may be regulated as below:
90% of contract price for works/service contract against RA bills. This also includes initial
advance, if any. Remaining 10% after completion of the contract.
The payment terms for supply and erection & commissioning for any Turnkey
contracts/packages may be regulated as follows:
1) Supply portion only:
70% of the Ex-works price /ordered value of supply (of bought out items also) with full taxes and
duties as applicable after adjustment of advance, if any, will be paid against proof of despatch
(viz. R/R, L/R) , detailed invoice / packing list, warranty certificate, test certificate ,insurance
policy / certificate, dispatch clearance .
20%of the Ex-works price / ordered value of supply (in case of bought out items also) after
receipt of the materials and inspection and acceptance at site. Remaining 10% after complete
erection and commissioning & testing and handing over.
However, for spares, balance 30% shall be paid after receipt of materials and inspection &
acceptance at site.
2) Erection & Commissioning :
90% of contract price for Erection & commissioning against RA bills. This also includes initial
advance, if any. Remaining 10% after complete erection and commissioning & testing and handing
over.
3) Payment terms in respect of imports will be regulated as below :
100% FOB price less Indian Agency Commission in Rs, if any, shall be paid against presentation
of shipping documents as called for in the purchase order through irrevocable LC. The Indian
Agency Commission in Rs, if any, shall be paid within 30 days of receipt of material at the
consignee end.
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In case of direct import without involvement of Indian agency, 90% of FOB price will be paid
against presentation of shipping documents as called for in the purchase order through irrevocable
LC. Remaining 10% after receipt of materials by consignee in good condition.
11. ADDITIONS / ALTERATIONS / MODIFICATIONS:

The Owner reserves the right to make additions/reduction/ alterations/ modifications to the quantity
of the items in the Purchase Order. The Vendor shall supply such quantities also at the same rate as
originally agreed to and incorporated in the Purchase Order. If, however, the additional supply is at
variance with design, size and specifications and not already covered by the Purchase Order or
the amendments therein, the rates for such additional supply shall be negotiated and mutually
agreed upon.
12. DELIVERY SCHEDULE / COMPLETION PERIOD:
Time is the essence of this contract and normally no variation shall be permitted in the completion
time/delivery schedule mentioned in the Order/contract unless an amendment in this regard is
issued by DVC. Time extension may be issued on specific request/reason provided such request is
communicated to the Order Issuing Authority before the expiry of the stipulated delivery
schedule/completion period. Date of delivery of materials/goods is to be reckoned as the date of
receipt of same by the consignee.
13. LIQUIDATED DAMAGES FOR DELAY IN DELIVERY /COMPLETION OF WORKS:
13.1 The time remains the essence of any contract/ purchase order awarded by DVC and all
supply under a Purchase Order/all deliverables under a Work Order needs to be completed within
the stipulated time schedule.
The Contractor shall commence work on the Facilities from the date of Notification of Award.
The Contractor shall thereafter proceed with the Facilities in accordance with the time schedule
specified in Time Schedule to the Contract Agreement.
Therefore, the provision has been kept in the contract that in case of delay in completion/delivery,
for the reasons attributable to the contractor/ vendor, owner reserves the right to recover from the
contractor/vendor, a sum equivalent to 0.5% of the value of the delayed materials / equipment /
spares / work for each week of delay and part thereof subject to maximum of 5% of the total
value of the order as Liquidated Damage (LD).
In cases, where the works/supply/services extend beyond the contractual completion
schedule/delivery period and provisional extension order is issued without deciding on the
application of LD, no amount from the RA bill will be deducted as “withheld LD” amount in case
where adequate retention payment (over and above SD) remains with DVC as per terms of the
contract.
13.2 Alternatively, the Purchaser reserves the right to purchase / outsourced the material / spares /
equipment / works / service from elsewhere at the sole risk and cost of the Vendor and recover all
such extra cost incurred by the Purchaser in procuring the material/ works/service by the above
procedure.
13.3 Alternatively, the Purchaser may cancel the Order/contract completely or partly without
prejudice to his right under the alternatives mentioned above.
13.4 In the event of recourse to alternative 13.2 and 13.3 above, the Purchaser will have the right to re-
purchase/ outsource the stores/works &service, to meet urgency in requirement caused by Vendor’s
failure to comply with the schedule of delivery/ completion of the work, irrespective of the fact
whether the materials/equipment/works/service are similar or not.
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14. SECURITY DEPOSIT-CUM-PERFORMANCE GUARANTEE:

• Security Deposit may be given in the form of BG of 10% ordered value or10% ordered value in
Advance in the form of Bank Draft.
• No Security Deposit-cum-Performance Guarantee is required for contract value upto Rs. 10 lacs.
At the discretion of Tender Inviting Authority for any site packages/procurement upto Rs. 100
lacs /, security deposit may be recovered as Pro-rata deduction @ 10% from the running
bill/submitted invoice .
• Pro-rata deduction @ 10% is also allowed as SD for scheduled upward variation on account of
variation of scope/quantity/price for any value of contract irrespective of instrument used for
original SD.
For all other cases, the successful tenderer will have to deposit as security, for satisfactory
execution of the order, and for guaranteed performance of the supplied item/executed works or
services for an amount equivalent to 10% of the ordered value in the form of Bank Guarantee (as
per DVC format) within 30 days from the date of issuance of Purchase Order/Work Order, from
any Nationalised / Scheduled Bank and it should have validity initially for 18 months from the
date of execution of BG plus 6 months claim period thereafter. The said BG should be extended
suitably covering the entire warranty period plus 6 months claim period after despatch of materials.
For turnkey projects/project contracts, this SDBG should have the validity covering the entire
warranty/guarantee period plus six months claim period thereafter and to be submitted within 30
days of issuance of W.O. / LOA / LOI.
The amount so deducted /accepted as SD to be refunded to the bidder after completion of
warranty/guarantee period as mentioned in the contract.
No payment, whatsoever will be made till the acceptance of SDBG/deposit of initial SD as the
case may be as per the terms of the contract.
In case banks refuse to issue BGs having Claim Period separately, the validity period of those
BGs may be taken as warranty period plus six months.
However, for ordered value above RS. 100 lakhs, Security Deposit in the form of Bank Guarantee
shall only be acceptable.
SSI Units registered with NSIC, under its single point registration scheme, are exempted from
depositing Security Deposit for ordering value upto the monetary limit for which the unit is
registered. Small-scale industries seeking such exemption must enclose valid registration certificate
from appropriate Govt. Authority giving details such as validity, stores, monetary limit etc. failing
which exemption will not be granted.
However, these SSI units will have to submit Performance Guarantee for the materials to be
supplied
as per DVC norms and to be submitted before the despatch of materials and no payment will be
effected till the acceptance of the same.
In case of acceptance of SD in the form of Demand Draft or pro-rata reduction from running
bills/submitted invoices, the amount so accepted/deducted as SD may be refunded to the vendors
after submission of acceptable BG of equivalent amount valid till expiry of warranty/guarantee
period plus six months claim period or valid covering warranty/guarantee period plus six months.
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15. PATENT RIGHTS:

Royalties and fees for patents covering materials/equipment/ spares or processes used in executing
the work shall be to the account of the Vendor. The Vendor shall satisfy all demands that may
be made at any time for such royalties and fees and he alone shall be liable for damages,
infringement and shall keep the Purchaser indemnified in that regard in the event of any equipment /
spares / material or part thereof supplied by the Vendor is involved any suit or other proceedings
held to constitute infringement and its use is enjoyed, the Vendor shall, at his own expenses, either
procure for the Purchaser the right to continue the use of such equipment/spares/material replace it
with a non-infringing material / spares / equipment or modify it so it become non-infringing.
16. FORCE MAJEURE:

Vendor shall not be considered in default if delay in delivery occurs due to causes beyond his
control such as acts of God, natural calamities, civil wars, fire, strike, frost, floods, riot and acts of
unsurpassed power. Only those causes which have duration of more than seven (7) days shall be
considered cause of force / calendar majeure. A notification to this effect duly certified by the
statutory authorities shall be given by the Vendor to the Owner within 10 days from the date of
such Force Majeure condition by registered letter. In the event of delay due to such causes, the
delivery schedule will be extended for a length of time equal to the period of force majeure or at
the option of the Owner the order may be cancelled. Such cancellation would be without any
liability whatsoever on the part of the Owner. In the event of such cancellation, the Vendor shall
refund any amount advanced or paid to the Vendor by the Purchaser and deliver back any
materials issued to him by the Purchaser and release facilities, if any, provided by the Purchaser.
However, applicability of Force Majeure Clause in respect to a particular contract in the above
backdrop is to be decided by Tender Accepting Authority.
17. CANCELLATION/SHORT CLOSURE:
The Owner may terminate/short close the contract, by not less than 30 days’ written notice to the
bidder, to be given after occurrence any of the events specified in the Sl. No. (a) to (e) of this
clause and 60 days in the case of the event referred to Sl. No. (g), (h) & (f) below :
a) The Vendor fails to comply with any of the terms of the Order or the bidder do not remedy a failure
in the performance of their obligations under the Contract, within thirty (30) days after being
notified or within any further period as the Owner may have subsequently approved in writing.
b) The Vendor becomes bankrupt or goes into liquidation.
c) If as a result of Force Majeure, the Bidder is unable to supply a material for a period of not less
than 60 days.
d) If the Bidder, in the judgment of the Owner has engaged in corrupt or fraudulent practices in
competing or in executing the Contract. For the purpose of this clause:
e) “Corrupt Practice” means the offering, giving, receiving or soliciting of any thing of value to
influence the action of a public official in the selection process or in contract execution.
f) “Fraudulent Practice” means a misrepresentation of facts in order to influence a selection
process or the execution of a contract to the detriment of the Owner.
g) The vendor is otherwise precluded from complying with any of the terms of the order on
account of any directives of any lawful authority.
h) If the Owner, at its sole discretion, decides to terminate this Contract.
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DVC reserves the right not to issue tender documents to any intending bidders with whom
DVC has stopped entering into business by virtue of policy decision.
18. OWNER SUPPLIED MATERIALS (OSM):

In turnkey contracts/Work contracts, there are occasions where DVC supply some of the
materials/equipment to the contractor free of cost or with cost, for erection. The contractor shall
arrange proper storing and insure against all risks for such OSM. The contractor shall furnish
indemnity bond for the total value of OSM.
19. RECOVERY OF EXCESS CONSUMPTION:
Rate of recovery (for excess consumption of OSM exceeding allowable wastage) for OSM may
be determined on the basis of latest PO with storage charge (wherever incurred) / 15% service
charge and price variation, wherever applicable (only positive variation to be considered without
any ceiling) as on date of commissioning of OSM after erection.
The contractor may be allowed to replenish the excess consumed materials from the sources
approved by DVC. However, if the OSM has to be issued through additional procurement on
demand of the contractor because of excess consumption of his/their part, replacement of such
additional quantity may not be allowed at the discretion of DVC and the same will be recovered
as per procedure described above. In case penal recovery is considered to be expedient in respect
of any critical equipment, the same shall be provided in the contract/bid document only after
obtaining approval of HOD/Director.
In case of issuance of any Tools and Plants, the contractor should return the same in as received
condition.
For civil item the recovery of excess consumption of material may be adopted as per prevalent
CPWD Specification/Norms.
20. CHANGES IN CONSTITUTION OF BUSINESS:

In the event of change in constitution of business of the contractor after issuance of contract due
to merger/acquisition/any other reasons, the newly formed entity shall be equally held responsible
to fulfil the contractual obligation. This is notwithstanding anything contained in NIT or subsequent
LOI / LOA / GCC or any other document issued or provisions contained in any other Rules / Acts /
Legislation.
21. WAIVER :
Any waiver by the Owner of any breach of the terms and conditions of the Order shall not
constitute any subsequent breach of the waiver of any other right or conditions.
22. COMPLIANCE OF REGULATIONS:
The Vendor shall warrant that all Goods and/or services covered by this Purchase Order/ contract
shall have been produced, sold, dispatched, delivered, tested and commissioned in strict compliance
with all applicable laws, regulations including industries (Development & Regulations) Act, 1951 &
Industrial Dispute Act, 1947 and any amendments there under, labour agreements, Safety rules and
PF compliance, working conditions and technical codes and requirement as applicable from time to
time.
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All laws, rules and regulations required to be followed in execution of the order / contract, must
be complied with. The Vendor should execute and deliver such documents as may be needed by
the Purchaser/ owner in evidence of compliance. Any liability arising out of contravention of any
of the laws on executing this order shall be the sole responsibility of the Vendor and the Owner
shall not be responsible in any manner whatsoever.
23. SUB-LETTING & ASSIGNMENT:
The Vendor shall not sub-let or assign any part of this Purchase Order/ contract to any other
vendor/agency without the prior written consent of the Purchaser / owner. Such assignments or
sub-letting or transfer shall not relieve the Vendor from any obligation, duty and responsibility
under this Purchase Order / contract. Any assignment, transfer or sub-letting without the prior
written approval of the Owner shall be void. The Purchaser / owner shall have the right to cancel
the order/contract and to purchase the goods/services from elsewhere and the supplier/vendor
shall be liable to the Purchaser / owner for any loss or damage which the Purchaser / owner may
sustain in consequence or arising out of such purchase and the Vendor shall indemnify such loss
or damage to the Owner.
24. VENDORS DRAWING & DATA :
All Drawings, data and documentation in respect of the ordered items are an integral part of the
Purchase Order / contract. The Vendor will furnish all such drawings, data and documentation to
the Purchaser / owner. Purchaser / owner will specify the schedule for submission of these
documents by the Vendor and the required number of copies. The vendor shall ensure strict
compliance to this schedule.
25. INFORMATION PROVIDED BY THE PURCHASER /OWNER:
All Drawings, data and documentation that are given to the vendor by the Purchaser / owner for
the execution of the Order / contract shall be the property of the Purchaser / owner and shall be
returned by the Vendor on demand by the Purchaser / owner. The Vendor shall not make use of
any of the above documents for any purpose at any time except for the purpose of executing the
Order / contract of the Purchaser / owner. The Vendor shall not disclose any of the information
given by the Purchaser / owner to any person, firm, corporate body or authority and shall make all
endeavours to ensure that
the above information is kept confidential. All such information shall also remain the absolute
property of the Purchaser/owner.
26. MODIFICATIONS :
This order constitutes an entire agreement between the parties hereto. Any modifications to this
Order shall become binding only upon the same being confirmed in writing duly signed by both
the parties.
27. GUARANTEE / WARRANTY:
27.1 The Vendor shall warrant that all material / equipment / services supplied under this Order /
contract shall be new, unused and conform to the Purchasers / owners requirements and
specifications. The Vendor shall guarantee the material / equipment / services under this Order for
a period of 18 months from the date of delivery or 12 months from the date of commissioning
whichever is earlier.
For turnkey contracts, Guarantee / Warranty period is to be considered as 12 months from the
date of commissioning of the same irrespective of date of delivery. The date of delivery to be
reckoned as the date of receipt of the material by the consignee. The Vendor shall agree to replace
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any material, which has been proved defective or fails to conform to the desired specifications
free of cost to the Purchaser within the Guarantee/Warranty Period. The guarantee period for such
replaced part shall be the same as that of equipment / materials specified earlier.
27.2 Checking / approval of vendors drawings, inspection and acceptance of material / spares /
equipment / furnishing to effect shipment and / or work done for erection, installation and
commissioning of the equipment by the Purchaser/owner or any other agency on behalf of the
Purchaser / owner shall not in any way relieve the Vendor from the responsibility for proper
performance during the guarantee period.
27.3 Service contracts like hiring of vehicle / Insurance / consultancy / Clearing & Forwarding services
etc and other consumable items like stationeries, printing of matter etc. are beyond the purview of
Warranty Clause.
However, before floating of enquiry, Indentor / TIA at his discretion and depending on the
technical intricacies of the procurement of goods and services may decide on the period of
warranty / guarantee.
28. DEMURRAGE / WHARFAGE:

In cases where documents are negotiated through Bank, any consequential charges e.g. demurrage
/ wharfage charges, due to late retirement of documents on account of (i) violation of the inspection
clause, (ii) material despatched after expiry of delivery period without obtaining approval in
advance for extension of delivery period (iii) despatch of materials not as per schedule mode of
despatch by approved transporters as per P.O/contract. (iv) late receipt of invoice or due to
violation of any other clause/clauses of the purchase order will be to the Vendors account.
Supplier would also be responsible for all such payment due to late receipt of RR/LR and other
documents.
29. GRAFTS / COMMISSION:
Any graft, commission, gift or advantage given, promised or offered by or on behalf of the
Supplier or his partner, agent officers, director, employee or servant or any one on his or their
behalf in relation to the obtaining or to the execution of this or any other Contract with the
Owner, shall in addition to any criminal liability which it may incur, subject the Supplier to the
cancellation of this and all other Contracts and also to pay for any loss or damage to the Owner
resulting from such cancellation. The Owner shall then be entitled to deduct the amount so
payable from any money otherwise due to supplier.
INTEGRITY PACT :Vendors/contractors are required to unconditionally accept the

“Integrity pact” (executed in plain paper) as per format furnished by DVC
30. GOVERNING LAW

The Contract shall be governed by and interpreted in accordance with laws in force in India. The
Courts of Kolkata shall have exclusive jurisdiction in all matters arising under the Contract.
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31. Safety Aspects To Be Complied:
CLAUSE NO. REQUIREMENT

1.0 The contractor/ agency shall comply with all the requirements of the rules framed
by Damodar Valley Corporation (Also referred here as DVC) relating to Safety,
provisions of Factories Act, 1948 State Factories Rules as amended time to time,
and all other statutory requirements as applicable to his work, like Indian Electricity
Act, ESI Act (Wherever the facility is available), PF Act, Workmen’s Compensation
Act, Motor Vehicles Act etc. He shall ensure compliance of all the responsibilities of
the Occupier and Factory Manager as mentioned in the Factories Act in his place of
work.
2.0 Additionally, the contractor shall comply with all the Rules framed by DVC relating
to Safety of all working in the work place, and ensure compliance with all types of
permit to work. He shall also comply with all directions given by the Engineer In-
charge or Head of DVC Project Safety Deptt. or their nominated representative with
specific regard to Safety and Health of the workers.
The Contractor/ Agency shall frame and implement it’s Safety and Health Policy
2.1
which shall contain all the provisions relating to compliance of DVC Safety/ Health
and Safety Policy.
The Contractor shall appoint a full time Engineer with either Degree in Engg. With
2.2
not less than 1 years of experience or Diploma in Engg. With not less than 2 years of
experience to supervise the work for each 50 workers/ staff or a part thereof. Where
the work is of hazardous in nature the supervisor shall be appointed for first
20 workers also.
2.3 If at any time the contractor employs more than 150 workers including staff, he shall
appoint from the start of work itself a Safety Officer, with the qualification as
mentioned in the Factories Act/ State Factories Rules applicable to the state, in
which the work is carried out. The Safety Officer of the Contractor shall discharge
only those responsibilities as mentioned in statutory rules for the Safety Officers.
Before Start of work by the Contractor, The Contractor shall sign an MOU with
2.4
Head of DVC Project Safety Deptt. and Engineer In charge of the contract, wherein
he shall submit following documents also:
a) Safety Plan of the Contractor for his own as well as his subcontractors;
b) Methodology (Including responsibility) of accident reporting to DVC

authorities and Statutory authorities, conduct of enquiries, and
implementation of corrective measures.
c) The Contractor shall get all his Lifting equipment and tackles thoroughly
examined / tested through a Competent Persons, approved by the local state
government, where the work is being undertaken.
d) Before Start of work by the Contractor, the Contractor shall present his
Personal Protective equipment to Head of DVC Safety Deptt, and Engineer
In charge, for inspection, who will inspect these equipment for necessary
legal compliance. Only after this inspection and clearance in writing, above
referred items shall be used or issued by the Contractor.
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e) Before using the lifting equipment and other safety related items, the
contractor shall present these to Head of DVC Safety Deptt, and Engineer
In charge, for inspection, who will inspect these equipment for its safety.
Only after their clearance in writing, these items shall be used by the
Contractor. However, all liabilities for statutory violations for these
equipment shall be of the Contractor.
f) Before Start of the contract, the Contractor shall provide appropriate Safety
Training to all his workers of at least one full day duration, through an
external agency, with faculty having the qualification as mentioned in the
Factories Act/ State Rules for the Safety Officer, and having minimum 5
years of power plant site exposure, with regard to implementing safety
provisions.. Only those who are trained, as above, shall be allowed for issue
of Gate Pass.
g) Before Start of work by the Contractor, the Contractor shall get
occupational health examination of his workers, working/ to work in
hazardous activities through a Medical Practitioner, approved by the State
Government, and subsequently as mentioned in the state factories rules.
h) In case any accident occurs and DVC Officials investigate it, the
Contractor shall provide full cooperation in conduct of inquiry, conducted
by the DVC officials, in case of any accident at his workplace or to his
worker.
i) Wherever there is probability of fall of worker/ material from more than 8 Ft,
to prevent his fall, the contractor shall provide Safety Harness to all his
workers and ensure its use. He shall also provide safety net below such work
place. He shall ensure compliance of all provisions of Permit for
working at height devised by DVC. If the fall arrester is provided by
DVC, the Contractor shall ensure its right use.
2.5 The contractor shall use only double insulated power tools shall be used at the
construction place. He shall only use 3 Core cable for Single phase Supply and 4
Core Cable for 3 Phase supply. For all electrical connections appropriate ELCB
shall be used by the Contractor.
a)In no case any electric supply shall be taken through loose wire like supply
without Plug Top.
b) No electrical repair work shall be carried out on any live equipment. It shall
be done only by the Electrician having either ITI qualification or Wireman’s
certificate issued by the State Government.
3.0 In case any accident occurs during the construction or erection work or other
associated activities undertaken by the Contractor In-charge, it shall be the
responsibility of the Contractor to promptly inform the same to the Engineer In-
charge, DVC Head of Safety Deptt. in the prescribed form (Which can be collected
by the Contractor/ Agency from the Project Safety Deptt.), and also to all the
statutory authorities envisaged under the applicable laws.
The Engineer In-charge as well as DVC Head of Safety Deptt. or their nominated
representative shall have the right at his sole discretion to stop the work, if in his
opinion the work is being carried out in such a way that it may cause accidents and
endanger the safety of the persons and / or property, and / or equipment. In such
cases, the contractor shall be informed in writing, and the contractor shall
immediately stop the work, and comply to remove shortcomings promptly.
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4.0 If the Contractor does not provide safety equipment to his workers or fails to
discharge of his other responsibilities, statutory or otherwise, as mentioned above,
DVC may provide the same and recover the expenditure along with overhead cost
etc. However, this does not absolve the contractor from his responsibility as
mentioned in the contract..
5.0
If the Contractor fails complying with the provisions as mentioned above, the
Contractor shall pay to DVC at the rate of Rs. 2,000/- per day or part thereof for
contract value exceeding Rs Twenty Lakhs, and, at the rate of Rs 500/- per day for
the contract value less than Rs 20 Lakhs till the instructions are complied with and
so certified by the Engineer In-charge and DVC Head of Project Safety Deptt.. If it
is not paid by the Contractor, it shall be deducted from his next bill.
6.0
In case of injury, the compensation as calculated/ directed by the State Government
Authorities shall be paid by the Contractor to the Victim/ his heir, in accordance
with the statutory provisions.
32. SITE WORKS

32.1 SETTING OUT/SUPERVISION/LABOUR
32.1.1 Bench Mark: The Contractor shall be responsible for the true and proper setting-out of the jobs
in relation to bench marks, reference marks and lines provided to it in writing by or on behalf of the
Employer.
If, at any time during the progress of work, any error shall appear in the position, level or
alignment of the Facilities, the Contractor shall forthwith notify the Project Manager of such error
and, at its own expense, immediately rectify such error to the reasonable satisfaction of the
Project Manager. If such error is based on incorrect data provided in writing by or on behalf of
the Employer, the expense of rectifying the same shall be borne by the Employer.
32.1.2 Contractor’s Supervision: The Contractor shall give or provide all necessary superintendence
during the work, and the Construction Manager or its deputy shall be constantly on the Site to
provide full-time superintendence of the work. The Contractor shall provide and employ only
technical personnel who are skilled and experienced in their respective callings and supervisory
staff who are competent to adequately supervise the work at hand.
32.1.3 Labour:
(a) The Contractor shall provide and employ on the Site in the work such skilled, semi-skilled and
unskilled labour as is necessary for the proper and timely execution of the Contract. The Contractor
is encouraged to use local labour that has the necessary skills.
(b) Unless otherwise provided in the Contract, the Contractor shall be responsible for the recruitment,
transportation, accommodation and catering of all labour, local or expatriate, required for the
execution of the Contract and for all payments in connection therewith.
(c) The Contractor shall be responsible for obtaining all necessary permit(s) and/or visa(s) from the
appropriate authorities for the entry of all labour and personnel to be employed on the Site into
the country where the Site is located.
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(d) The Contractor shall at its own expense provide the means of repatriation to all of its and its
Subcontractor’s personnel employed on the Contract at the Site to their various home Countries.
It shall also provide suitable temporary maintenance of all such persons from the cessation of
their employment on the Contract to the date programmed for their departure. In the event that
the Contractor defaults in providing such means of transportation and temporary maintenance, the
Employer may provide the same to such personnel and recover the cost of doing so from the
Contractor.
(e) The Contractor shall at all times during the progress of the Contract use its best endeavours to
prevent any unlawful, riotous or disorderly conduct or behaviour by or amongst its employees and
the labour of its Subcontractors.
(f) The Contractor shall, in all dealings with its labour and the labour of its Subcontractors currently
employed on or connected with the Contract, pay due regard to all recognized festivals, official
holidays, religious or other customs and all local laws and regulations pertaining to the employment
of labour.
32.2 CONTRACTOR’S EQUIPMENT
32.2.1 All Contractors’ Equipment brought by the Contractor onto the Site shall be deemed to be
intended to be used exclusively for the execution of the Contract. The Contractor shall not
remove the same from the Site without the Project Manager’s consent that such Contractor’s
Equipment is no longer required for the execution of the Contract.
32.2.2 Unless otherwise specified in the Contract, upon completion of the Facilities, the Contractor shall
remove from the Site all Equipment brought by the Contractor onto the Site and any surplus
materials remaining thereon.
32.2.3 The Employer will, if requested, use its best endeavours to assist the Contractor in obtaining
any local, state or national government permission required by the Contractor for the export of the
Contractor’s Equipment imported by the Contractor for use in the execution of the Contract that is
no longer required for the execution of the Contract.
32.3 SITE REGULATIONS AND SAFETY

The Employer and the Contractor shall establish Site regulations setting out the rules to be
observed in the execution of the Contract at the Site and shall comply therewith. The Contractor
shall prepare and submit to the Employer, with a copy to the Project Manager, proposed Site
regulations for the Employer’s approval, which approval shall not be unreasonably withheld.
Such Site regulations shall include, but shall not be limited to, rules in respect of security, safety
of the Facilities, gate control, sanitation, medical care, and fire prevention.
32.4 OPPORTUNITIES FOR OTHER CONTRACTORS
32.4 .1 The Contractor shall, upon written request from the Employer or the Project Manager, give
all reasonable opportunities for carrying out the work to any other contractors employed by the
Employer on or near the Site.
32.4.2 If the Contractor, upon written request from the Employer or the Project Manager, makes
available to other contractors any roads or ways the maintenance for which the Contractor is
responsible, permits the use by such other contractors of the Contractor’s Equipment, or provides
any other service of whatsoever nature for such other contractors, the Employer shall fully
compensate the Contractor for any loss or damage caused or occasioned by such other
contractors in respect of any such use or service, and shall pay to the Contractor reasonable
remuneration for the use of such equipment or the provision of such services.
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32.4.3 The Contractor shall also so arrange to perform its work as to minimize, to the extent possible,
interference with the work of other contractors. The Project Manager shall determine the
resolution of any difference or conflict that may arise between the Contractor and other
contractors and the workers of the Employer in regard to their work.
32.4.4 The Contractor shall notify the Project Manager promptly of any defects in the other Contractors’
work that come to its notice, and that could affect the Contractor’s work. The Project
Manager shall determine the corrective measures, if any, required to rectify the situation after
inspection of the Facilities. Decisions made by the Project Manager shall be binding on the
Contractor.
32.5 EMERGENCY WORK
If, by reason of an emergency arising in connection with and during the execution of the Contract,
any protective or remedial work is necessary as a matter of urgency to prevent damage to the
Facilities, the Contractor shall immediately carry out such work.
If the Contractor is unable or unwilling to do such work immediately, the Employer may do or
cause such work to be done as the Employer may determine is necessary in order to prevent
damage to the Facilities. In such event the Employer shall, as soon as practicable after the
occurrence of any such emergency, notify the Contractor in writing of such emergency, the work
done and the reasons therefore. If the work done or caused to be done by the Employer is work
that the Contractor was liable to do at its own expense under the Contract, the reasonable costs
incurred by the Employer in connection therewith shall be paid by the Contractor to the
Employer. Otherwise, the cost of such remedial work shall be borne by the Employer.
32.6 SITE CLEARANCE
32.6.1 Site Clearance in Course of Performance: In the course of carrying out the Contract, the
Contractor shall keep the Site reasonably free from all unnecessary obstruction, store or remove
any surplus materials, clear away any wreckage, rubbish or temporary works from the Site, and
remove any Contractor’s Equipment no longer required for execution of the Contract.
32.6.2 Clearance of Site after Completion: After Completion of all parts of the Facilities, the Contractor
shall clear away and remove all wreckage, rubbish and debris of any kind from the Site, and
shall leave the Site and Facilities clean and safe.
32.6.3 Disposal of Scrap
The Contractor shall in consultation with the Project Manager promptly remove from the site any
'Scrap’ generated during performance of any activities at site in pursuance of the Contract. The
term 'Scrap' shall refer to scrap / waste / remnants arising out of the fabrication of structural steel
work and piping work at the project site in the course of execution of the contract and shall also
include any wastage of cables during the termination process while installing the cables.
The ownership of such Scrap shall vest with the Contractor except in cases where the items have
been issued by the Employer from its stores for their installation only without any adjustment to
the Contract Price. The removal of scrap shall be subject to the Contractor producing the necessary
clearance from the relevant authorities (Custom, Excise etc.), if required by the law, in respect of
disposal of the scrap. The liability for the payment of the applicable taxes/duties shall be that of
the Contractor.
The Contractor shall also indemnify to keep the Employer harmless from any act of omission or
negligence on the part of the Contractor in following the statutory requirements with regard to
removal/disposal of scrap. The Indemnity Bond shall be furnished by Contractor as per proforma
enclosed with NIT/Tender Document. Further, in case the laws require the Employer to take prior
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permission of the relevant Authorities before handing over the scrap to the Contractor, the same
shall be obtained by the Contractor on behalf of the Employer.
32.7 WATCHING AND LIGHTING
The Contractor shall provide and maintain at its own expense all lighting, fencing, and watching
when and where necessary for the proper execution and the protection of the Facilities, or for the
safety of the employers and occupiers of adjacent property and for the safety of the public.
32.8 WORK AT NIGHT AND ON HOLIDAYS
32.8.1 Unless otherwise provided in the Contract, no work shall be carried out during the night and on
public holidays of the country where the Site is located without prior written consent of the
Employer, except where work is necessary or required to ensure safety of the Facilities or for the
protection of life, or to prevent loss or damage to property, when the Contractor shall immediately
advise the Project Manager, provided that provisions of this GCC Sub-Clause 56.8.1 shall not
apply to any work which is customarily carried out by rotary or double-shifts.
32.8.2 Notwithstanding GCC Sub-Clauses 32.8.1 or 32.1.3, if and when the Contractor considers it
necessary to carry out work at night or on public holidays so as to meet the Time for Completion
and requests the Employer’s consent thereto, the Employer shall not unreasonably withhold such
consent.
33. Settlement of disputes & Arbitration
Any dispute(s) or difference(s) arising out of or in connection with the contract shall, to the extent
possible, be settled amicably between the owner and supplier.
In the event of any dispute or difference whatsoever arising under the contract or in connection
therewith including any question relating to existence, meaning and interpretation of the contract or
any alleged breach thereof, the same shall be referred to the Chairman of Damodar Valley
Corporation, Kolkata-54 or to a person nominated by him for arbitration. The Arbitration shall be
conducted in accordance with the provisions of arbitration and conciliation law 1996 or latest and
the decision/ judgment of Arbitrator/Arbitrators shall be final and binding on both the parties.
However, in case the contractor is a Central Public Sector Enterprise/ Govt. Department, the dispute
arising between the ‘Owner’ and the ‘Contractor’ shall be settled through Permanent Arbitration
Machinery (PAM) of the Department of Public Enterprise, Govt. of India as per prevailing rules.
All suits arising out of this enquiry and subsequent purchase order/contract, If any, are subject
jurisdiction of Court in the City of Kolkata {South 24- Parganas, New Aliproe Court (India)} only
and no other Court, when resolution/settlement through mutual discussion and arbitration fails.
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OPTIONAL TERMS & CONDITIONS OF CONTRACT

(RELEVANT TERMS AND CONDITIONS ARE TO INCLUDED AS ADDITIONAL/SPECIAL
CONDITION OF CONTRACT AS PER DISCRETION OF TIA).
1. EARNEST MONEY DEPOSIT (IF APPLICABLE) :
Every tender must accompany ‘Earnest Money’ as mentioned in the Tender Notice/Enquiry in
desired form as mentioned below without which the tender will not be accepted. The Earnest
Money should be deposited in any of the following forms :-
a) E-payment mode has been enabled. The bidders can pay the cost of bid document and the
EMD through electronic mode i.e. credit card/ debit card/ net banking. Provision for NEFT/
RTGS has also been enable, moreover in case the bidder who do not have any credit card/ debit
card or net banking facilities can use NEFT/ RTGS facilities for payment by downloading the
challan from the web site and submit the same to nearest bank..
b) Earnest Money can be submitted in the form of Bank Guarantee from an Indian Nationalized Bank /
Schedule Bank / Foreign Bank (in the scheduled list of Reserve Bank of India), irrevocable and
operative till the validity of the offer as per enclosed Proforma.
Overseas bidder in case of participation is permitted to submit the Bank Guarantee from Foreign
Bank which are included in the scheduled list of Reserve Bank of India, copy of which is annexed
in Annexure-F. However, any Foreign Bank not mentioned here but subsequently included in the
scheduled list of RBI in the course of bidding shall be accepted. Such inclusion of Bank’s name
to be obtained from the website of RBI – www.rbi.org.in .
The Bank Guarantee currency shall be same as currency of Price Bid. In case the bidder arranges
to submit BG in INR from Nationalized or Schedule Bank through their trade relation and quote
the bid in USD/EURO, the same shall be accepted.
c) Earnest money can also be deposited through E-payment to Damodar Valley corporation ,A/c
No…………….. ,Name of prescribed bank........., branch..........., IFSC code No………., MICR
code No…………. The bidder is required to furnish the transaction reference No. for the e-
payment made to DVC.
d) DVC Bonds duly endorsed in favour of DVC.
e) Attested photocopy of certificate issued by DVC as permanent EMD account holder.
f) Post Office National Savings Certificate having face value equal to the EMD value and duly
endorsed in favour of DVC.
g) Pay Order/DD to be made in favour of Damodar Valley Corporation.
h) No Bank Guarantee shall be accepted for EMD amount upto Rs. 50,000/-However, EMD exceeding
Rs.50000/- may be accepted in any of the above forms.
The offer accompanied by B.G. against EMD will only be considered valid on acceptance of the
Bank Guarantee. The offer not accompanied by EMD or specified EMD in proper form as defined
above shall not be considered as valid tender for opening provided necessary stipulations are made
in the NIT.
i) Earnest Money will be refunded only to the unsuccessful Tenderer within 15 days after
finalisation of Tender and no interest will be paid for the same.
ii) The amount of Earnest Money will be refunded to the successful tenderer, after
acceptance of their Security Deposit-cum-Performance B.G. / successful completion of
the order.
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iii) Small Scale Industries registered with NSIC shall be exempted from the payment of
Earnest Money. Small Scale Industries seeking such exemption must enclose valid
registration certificate from the appropriate Govt. authority giving details such as validity,
stores etc., failing which exemption will not be granted.
1. OFFER VALIDITY:-
Quotation must be kept valid for at least 90/180 days or as decided by Tender Inviting Authority
from the date of opening of the Enquiry / Tender and to be indicated in the NIT. If any bidder
offers bid having validity shorter than that asked in the NIT, bid should not be rejected out rightly.
Bidder should be persuaded to accept NIT stipulation.
2. PRICE BASIS:
Price mentioned in the Purchase Order/Work Order/Turnkey Project Contracts shall be firm till
execution of the contract unless stated otherwise.
The bids may be invited either on ‘firm price basis’ or on ‘variable price basis’, but not on both.
Tender Inviting Authority may invite any or all the items / components in supply / works /
turnkey project tenders on ’variable price basis’ i.e. few items / components of a NIT may be on
‘Variable price’ basis and remaining items / components of the same NIT may be on ‘firm price
basis’.
The bids may be invited on variable price basis. In such cases Standard Price Variation Formula,
based on PV formula published by IEEMA / CACMAI or similar recognised sources or adopted
by power utilities like NTPC / PGCIL etc. shall be indicated in the bid document. Bid document
shall also indicate the standard source of different indices (for labour / material / exchange rate
etc.) used in the PV formula for purpose of calculation of variable component. The base date for
different indices for the purpose of calculating price variation will normally be considered 30
days prior to the last date of submission of price bid or as indicated in the bid document.
The cut-off date for different indices in the PV formula for the purpose of calculating price
variation may be considered as 2 to 4 months ahead of scheduled delivery period or as decided by
TIA to be indicated component-wise in the bid document. The PV formula shall be stipulated by
DVC in the bid document with or without any ceiling limit as decided by Tender Inviting
Authority. In case of non-publication of applicable indices on a particular date, which happens to
be applicable date for price adjustment purposes, the published indices prevailing immediately
prior to the particular date will be applicable.
Such bids shall be evaluated on the basis of offered price without any loading on account of price
variation. In case a specific ceiling limit is mentioned in the bid document, payment shall, however,
be restricted to the actual extent of variation that would take place limited to the ceiling limit. For
bids on variable price basis without any ceiling limit, payment will also be effected on actuals as
per PV formula without any ceiling limit.
No price variation beyond scheduled contractual delivery/completion period will be allowed.
Where it has been there shall also be no price variation on the advance payment component, if
any.
In case of any bidder offering firm price against NIT stipulation of variable price basis or variable
price against NIT stipulation of firm price basis, it will be considered as deviation and bidder
shall declare the cost of withdrawal of the same along with the price bid, failing which the offer
will be considered unresponsive and to be rejected.
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4. TAXES, LEVIES AND DUTIES:

Manufacturers / Contractors shall quote statutory taxes and duties (Sales Tax, VAT, Excise Duty,
E. Cess, Customs Duty, Service Tax, Municipal Tax, Octroi, Levies and any other duties) as
applicable against documentary evidence on the date of bid opening and shall be shown separately
in the offer. This shall be to the account of the Damodar Valley Corporation (DVC), unless
otherwise mentioned in the Purchase Order /Work Order. Any upward/downward variation in
statutory taxes and duties after bid opening and up to the scheduled delivery period/work
completion period shall be to the Damodar Valley Corporation account. Since such statutory
taxes shall be on the account of DVC, benefits of any decrease in the same shall be retained by
the DVC irrespective of decrease taking place during period of submission of bid and opening of
bid. Taxes – duties shall always be paid at actual. Any upward variation in statutory taxes and
duties beyond the contractual delivery period/work completion period will not be paid by DVC if
the reasons of the delay are attributable to the vendor. Entry Tax / Octroi/ or any new taxes &
duties imposed by statutory bodies after opening of the bid as applicable will be to the account of
DVC at actual as per rate ruling within contractual delivery period/work completion period, if
applicable.
Changes in the tax rate dependant on the volume of turn over shall not come under the purview of
reimbursement and should be spelt out in the bid documents itself.
Bidders, other than manufacturers shall quote all-inclusive price up to the consignee’s end, clearly
indicating the quantum of CST/VAT, if applicable and F&I Charges embedded in all-inclusive
FOR Destination Price.
For turnkey contracts/any other similar contracts, the bidder shall quote price of all the items
manufactured by them and to be directly supplied to DVC with ruling rates of taxes and duties
which would be reimbursed at actual including variations, if any, against documentary evidence
at the time of supply, up to contractual completion period. All taxes and duties applicable on
materials / equipment supplied as finished goods to DVC through Sub-vendor / Sub-contractor as
bought out items are to be included in the price quoted by the bidder for such items, which will
remain firm throughout the pendency of the contract. This will also cover raw material, component,
special assembly procured for manufacturing finished goods, material/equipment to be supplied
to DVC either directly by the contractor or through Sub Vendor.
Service Tax as applicable on service that are provided directly by the contractor to the DVC shall
be indicated separately in the bid price schedule with the ruling rate and will be reimbursed at
actual including variation, if any, up to contractual completion period, on production of
documentary evidence. However, Service Tax on services that is not provided directly by the
contractor to DVC viz., transportation, insurance etc. shall be included in the bid price itself and
shall not be considered separately.
Works Contract Tax (WCT) at the admissible rate wherever applicable, will normally be included in
bid price. DVC will, however, deduct WCT from the vendor’s bill/invoice and deposit the same to
the concerned authorities as per statutory provisions.
Beyond contractual completion period, DVC will normally accept lower of the tax liability either
on the scheduled or actual date of completion unless the contractor is not responsible for the delay.
Changes in the tax rate dependant on the volume of turn over shall not come under the purview
of reimbursement and should be spelt out in the bid documents itself.
For reimbursement of Service Tax, will normally be done based on supporting document.
In case of change of source of supply from Sub Vendor to bidder or Sub Vendor to contractor (if
approved by DVC) or vice versa, taxes and duties will be reimbursed at actual against
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documentary evidence restricted to the amount of taxes and duties as originally payable to the
bidder/contractors in terms of the contract.
5. CLARIFICATIONS ON BID DOCUMENT:
Bidder may seek clarifications on the bidding documents (GCC + SCC, if any + Technical
Specification Booklet + NIT {Tender Notice} along with annexure + Proforma & Check List of
BG against EMD), if required, upto 7 days before the scheduled bid opening date. Any clarification
sought by the bidders must be sent in writing to the Tender Inviting Authority.
Besides this, a Pre-bid Conference may also be held at the Tender Inviting Office at the discretion
of Tender Inviting Authority. If agreed by Tender Inviting Authority, date, time and place for
holding the Pre-bid Conference to be mentioned in the bidding document (NIT).
6. AMENDMENT OF BIDDING DOCUMENTS :
At any time prior to the deadline for submission of bids, the owner may, for any reason, whether
at its own initiative, or in response to the clarifications requested by the prospective Bidders,
amend the bidding documents except QR after due approval of Tender Inviting Authority.
The amendment will be notified in writing or by telephone/fax/e-mail to all prospective Bidders
that have received the bidding documents and will be binding on them. Bidders are required to
immediately acknowledge receipt of any such amendment, and it will be assumed that the
information contained therein have been taken into account by the Bidder in his bid.
In order to give reasonable time to prospective bidders to take the amendment into account in
preparing their bid, the owner may, at his discretion, extend the deadline for the submission of
bids.
Any addendum/corrigendum/extension, if required, pertaining to Open NIT published through
press advertisement will be hoisted in DVC website only and will not be published in Newspaper
again. Bidders may be requested to visit DVC website regularly for any
addendum/corrigendum/extension till opening of said NITs. This stipulation to be incorporated in
the original press advertisement for the NIT.
In case of change in technical parameter/ specification/ scope of work, selling and submission
date to be extended.
7. PRICE BID EVALUATION PROCEDURE:
Please refer BID EVALUATION PROCEDURE (Price Part):

8. MOBILZATION ADVANCE/ADVANCE:
Advance payment is normally discouraged. In exceptional circumstances, interest-bearing advance
to the extent of 10% of contract price may be given against submission of a BG taken towards
security of the advance should be at least 110% of advance so as to recovery of not only principal
amount but also interest portion if so required.
The BG wherever applicable should be valid upto the date of completion of works/supply and
acceptance thereof.
Advance should not be paid in less than two equal instalments except in special circumstances for
that reasons to be recorded.
A clause in the tender enquiry to be incorporated that the interest free advance would be deemed
as interest bearing advance at a base rate of SBI plus 3.5% if the contract is terminated due to
default of the contractor. However rate of interest should be applied for calculation of interest on
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the advance amount in reset basis (i.e. not fixed rate of interest, it may go on changing during the
period of advance remain unadjusted) based on the change of base rate time to time.
Advance should be recovered within the original completion time.

9. OTHER ADVANCE:
Provision for 100% advance (interest free) may also be allowed in dealing with procurement on
single tender basis from CPSU/Govt. controlled autonomous Organisation / Universities /
Laboratories/ Reputed Private Manufacturer as OEM etc.
The payment of advance is normally discouraged. The advance payment, in exceptional cases,
may be given to the extent of 10% of total ordered value against submission of a Bank Guarantee
of equivalent amount (on account of advance) and the same should have sufficient validity covering
the full delivery period / full completion period and final payment thereof. Rate of interest of
advance should be package specific and commensurate with the market rate.
10. PAYMENT THROUGH RTGS/NEFT

All payments to the vendors will be released through RTGS/EFT only. Vendors are requested to
submit the requisite details as per Annexure E.
The contractor/vendor shall furnish the following certificate to the Paying Authority along with
each invoice/bill against payment for supplies made against any supply order/RC with longer
completion period (more than a year), if the same is placed on firm price basis. ‘I / we certify that
there has been no reduction in the sale price of the stores of description identical to this item,
supplied to any person/organization and such stores have not been offered/sold by me/us to any
person/organization at a price lower than the price charged under this contract upto the date of
this bill.’
11. PURCHASE PREFERENCE:

At present DVC, an autonomous body under Ministry of Power, GOI is granted exemption from
Purchase Preference Policy vide GOI OM dated 18-07-2005. However, any change in Govt.
Policy/Directives on this subject will be applicable.
12. SOURCE OF SUPPLY:

The Vendor shall ensure that the indigenous capacity is utilized to the fullest extent possible in
execution of the order. Where the imports are unavoidable, the Vendor shall import all such items
in good time against his own import licence without affecting the contractual delivery schedule.
13. ELIGIBILITY CRITERIA OF JOINT VENTURE/ASSOCIATES IN TURNKEY

CONTRACT:
i) The bidder shall be a joint venture company incorporated in India and registered under the
Companies Act 1956, provided that eligibility criteria of individual bidder mentioned at NIT is
met by one of the promoters or jointly by more than one promoter. Each promoter company on
the basis of whom the joint venture company gets qualified shall have minimum 26% equity in
the JV company. The equity shall be locked in at least for a period of 5 years from the date of bid
opening or till the completion of the warranty period of the project whichever is later. The bidder
and the promoter company (ies) on whose strength the JV company is qualified, shall be jointly
and severally liable for the execution of the contract and an undertaking to this effect shall be
submitted along with the bid. In case of award, the said promoter company (ies) shall be required
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to give separate on demand bank guarantee for an amount equal to 1% of the total contract price
in addition to the contract performance guarantee of 10% of contract value to be furnished by the
bidder. NO JVC partner shall be allowed to bid independently or as a member in a consortium for
this bid.
ii) Bidders may take part in the bidding process with associates, provided he associates with a
single firm for covering the any deficiency of QR part of individual bidder specified at NIT. In
such a case the bidder shall furnish undertaking jointly executed by him and his associate for
successful performance of the relevant system along with the bid. In case of award, associate shall
be required to furnish bank guarantee for 5.0% (five percent) of contract price of the work value
in addition to the contract performance guarantee of 10% (ten percent) of contract value to be
furnished by the bidder.
iii) In case, bidder is a JVC and does not meet financial requirements stated at NIT, the financial
capability of at least one of the JVC partners on whose experience the qualification is sought,
shall meet the financial QR.
The lead partner shall be authorized to incur liabilities and receive instruction for and/or on
behalf of partners of Joint Venture and the entire execution of the contract including receipt of
payment shall be done exclusively through lead partners. The authorization shall be authenticated
by submitting power of attorney signed by the legally authorized signatories of all the partners as
per approved proforma of DVC.
iv) All the partners of the Joint Venture Companies shall be liable jointly and severally for the
execution of the contract, if awarded, in accordance with the settled terms & conditions and a
copy of agreement entered into by the Joint Venture partners having such provision shall be
submitted with the bid. A statement to this effect shall be included in the authorisation mentioned
under (IV) above.
v) The Joint Venture of the firms shall furnish all the required information as asked for in the NIT
/ GCC / Specification in respect of each of their partners in their bid. In case of successful bid, the
form of agreement shall be signed so as to be legally binding on all the partners. The format of
the power of attorney and other documents to be submitted by Joint Venture Partners as indicated
in (iii), (iv) & (v) may be suitably structured by our Legal Department.
14. SELECTION OF SUB VENDORS FOR TURNKEY CONTRACTS / PACKAGES:

Approved list of Sub-vendors will be indicated in the bidding documents for QR and non-QR
items of supply.
For non-critical items, there may not be enlisted Sub-vendors for every item and the supply shall
be accepted as per related standards, approved sample, and satisfactory inspection, wherever
applicable.
The bidders are, permitted to propose new/different Sub Vendor for approval of DVC in the pre
and post bid stage.
If any new sub-vendor is proposed by the bidder, it may be approved and if it is acceptable on
consideration that the proposed Sub Vendor made previous supplies to DVC or is included in the
approved list in any other DVC / PGCIL / NTPC Project for similar supply.
In case the proposed Sub Vendor is found to meet the QR and is neither in the approved list nor
has made any previous supply to DVC, appropriate decision may be taken by the concerned Chief
Engineer in consideration of documents furnished by the sub-vendor and further assessment, if
required, may be done in the pre-award/post award stage.
For non-QR items of supply, if new Sub Vendor is proposed by the bidder, it will be obligatory
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on the part of bidder to furnish the details / documents in support of their claim which would be
reviewed and appropriate decision taken. In the event of further assessment of credential of Sub
Vendor being felt necessary beyond the document furnished by the bidders, it shall be dealt with
during post award stage.
Normally no separate QR may be stipulated for sub-contracting of erection works. In cases,

where Sub-contractor for erection job is proposed by the bidder, the qualification of the proposed
Sub-Contractor may be examined keeping in view the qualification requirement applicable for the
quantum of job proposed to be sub-contracted and other relevant aspects related to the site
condition and overall responsibility of the contractor.
The Sub Vendor / vendors shall be approved by the Tender Accepting Authority/concerned CEs.
15. SPARE PARTS, OILS & LUBRICANTS:

Wherever applicable, the Vendor shall furnish item wise price list of spare parts required for two
years operation of the equipment ordered. The Vendor shall also provide the necessary instructions
and drawings to identify the spare part numbers and their location as well as an interchangeability
chart. The Vendor shall recommend the quality of oils and lubricants required to be used to the
operation of the equipment supplied under this Order for a continuous operation for a period of at
least one year.
16. VENDORS LIABILITY:
Vendor hereby accepts full responsibility and indemnifies the Purchaser/owner and shall hold the
Purchaser / owner harmless from all acts of omissions and commissions on the part of the vendor,
his agents, his subcontractors and employees in execution of the Order. The Vendor also agrees to
defend and hereby undertakes to indemnify the Purchaser / owner and also hold him harmless
from any and all claims of injury to or death of any and all persons including but not limited to
employees and for damage to the property arising out of or in connection with the performance of
the work under the Purchase Order / contract. Vendor will also be responsible and indemnify the
owner for any consequential damages.
17. PACKING AND MARKING:

All goods shall be securely packed in cases, bundles, crates etc. suitable for Rail / Road / Air /
Sea transport. All exposed services/connections, protrusions shall be properly protected. All
unexposed parts shall be packed with due care and the packages should bear the words “Handle
with Care”. The packing of the goods to be transported by Rail / Road / Air / Sea shall be as per
the conditions laid down by the appropriate authorities and the Vendor shall obtain clean railway /
goods receipts without any qualifying remark.
All packages and unpacked materials shall be marked on at least two places indicating the name
of the Purchaser/ Consignee, Purchase Order No., gross & net weights and dimensions with
indelible paint in English. In case of bundles, metallic plates marked with the above details shall
be tagged. All packages containing harmful/ hazardous materials should be prominently marked.
All goods should be despatched as per the relevant terms of the Purchase Order. In case any mode
of transports has to be resorted to other than that mentioned in the Purchaser Order, the same
should be done only after obtaining prior approval in writing from the Purchaser. All movement
sanctions, loading permissions etc. from the railway or other authorities shall be obtained by the
Vendor. The vendor should also take care of the odd-size consignments and their clearances
involved. The Vendor shall communicate the relevant dispatch particulars immediately on dispatch
by telex/telegram to the consignee as specified in the Purchase Order.
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The Vendor shall also forward original and copies of dispatch documents to the concerned
authorities as required in the Purchase Order within two days from the date of despatch, failing
which the Vendor shall be responsible for any delay in payments of consignment for want of
documents and consequent demurrage, detention charges, etc.
18. MODE OF DESPATCH:

Vendor shall despatch the materials as per schedule mode of despatch as indicated in the purchase
order/contract and any violations to this effect without taking prior written approval from the
purchaser/owner is not permissible. If it is dispatched without per mission , all risk and cost is to
borne by the vendor.
19. ACCEPTANCES:
The Vendor shall return the duplicate copy of the Purchase Order / contract / Work Order and the
other enclosed documents duly signed with seal and date as a mark of acceptance, within 15 days
from the date of issuance of the order to the Order Issuing Authority.
20. SETTLEMENT OF DISPUTES & ARBITRATION:

20.1. ADJUDICATOR
20.1.1If any dispute of any kind whatsoever shall arise between the Employer and the Contractor in
connection with or arising out of the Contract, including without prejudice to the generality of the
foregoing, any question regarding its existence, validity or termination, or the execution of the
Facilities—whether during the progress of the Facilities or after their completion and whether
before or after the termination, abandonment or breach of the Contract—the parties shall seek to
resolve any such dispute or difference by mutual consultation. If the parties fail to resolve such a
dispute or difference by mutual consultation, then the dispute shall be referred in writing by either
party to the Adjudicator, with a copy to the other party.
20.1.2 The Adjudicator shall give its decision in writing to both parties within twenty-eight (28) days of
a dispute being referred to it. If the Adjudicator has done so, and no notice of intention to
commence arbitration has been given by either the Employer or the Contractor within fifty-six
(56) days of such reference, the decision shall become final and binding upon the Employer and
the Contractor. Any decision that has become final and binding shall be implemented by the
parties forthwith.
20.1.3 Should the Adjudicator resign or die, or should the Employer and the Contractor agree that the
Adjudicator is not fulfilling its functions in accordance with the provisions of the Contract, another
retired Judge of High Court / Supreme Court of India shall be jointly appointed by the Employer
and the Contractor as Adjudicator under the Contract. Failing agreement between the two, within
twenty eight (28) days, the new retired Judge of High Court/Supreme Court of India shall be
appointed as Adjudicator under the Contract at the request of either party by the Appointing
Authority specified in the SCC. The Adjudicator shall be paid fee plus reasonable expenditures
incurred in the execution of its duties as Adjudicator under the Contract. These costs shall be
divided equally between the Employer and the Contractor.
20.2. ARBITRATION
20. 2.1 If either the Employer or the Contractor is dissatisfied with the Adjudicator’s decision, or if the
Adjudicator fails to give a decision within twenty-eight (28) days of a dispute being referred to it,
then either the Employer or the Contractor may, within fifty-six (56) days of such reference, give
notice to the other party, with a copy for information to the Adjudicator, of its intention to
commence arbitration, as hereinafter provided, as to the matter in dispute, and no arbitration in
respect of this matter may be commenced unless such notice is given.
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20.2.2 Any dispute in respect of which a notice of intention to commence arbitration has been given in
accordance with GCC Sub-Clause 20.2.1 shall be finally settled by arbitration. Arbitration may be
commenced prior to or after completion of the Facilities.
20.2.3 Any dispute submitted by a party to arbitration shall be heard by an arbitration panel composed of
three arbitrators, in accordance with the provisions set forth below.
20.2.4 The Employer and the Contractor shall each appoint one arbitrator, and these two arbitrators shall
jointly appoint a third arbitrator, who shall chair the arbitration panel. If the two arbitrators do not
succeed in appointing a third arbitrator within twenty-eight (28) days after the latter of the two
arbitrators has been appointed, the third arbitrator shall, at the request of either party, be appointed
by the Appointing Authority for arbitrator designated in the SCC.
20.2.5 If one party fails to appoint its arbitrator within forty-two (42) days after the other party has
named its arbitrator, the party which has named an arbitrator may request the Appointing Authority
to appoint the second arbitrator.
20.2.6 If for any reason an arbitrator is unable to perform its function, the mandate of the Arbitrator shall
terminate in accordance with the provisions of applicable laws as mentioned in GCC Clause 30
(Governing Law) and a substitute shall be appointed in the same manner as the original arbitrator.
20.2.7 Arbitration proceedings shall be conducted as follows:-
(i) Appointing Authority for Adjudicator: Chairman of DVC.
Appointing Authority for third Arbitrator:
a) President, Institution of Engineers in case of an Indian Contractor. b) President, International
Chambers of Commerce, Paris in case of a Foreign Contractor.
(ii) Rules of procedure for arbitration proceedings:
a) In case of a foreign contractor the arbitration proceeding shall be conducted in accordance with the
United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules of
1976.
b) In case of an Indian Contractor, the arbitration proceedings shall be conducted in accordance with
Indian Arbitration and Conciliation Act 1996. In case the Indian Contractor is an Indian Public
Sector Enterprise /Government Department (but not a state Govt. Undertaking of Joint Sector
Undertaking which is not a subsidiary of Central Govt. Undertaking), the dispute arising between
the Employer and the Contractor shall be referred for resolution to a Permanent Arbitration
machinery (PAM) of the Department of Public Enterprises, Government of India.
(iii) The Place for Arbitration shall be : Kolkata, India
20.2.8 The decision of a majority of the arbitrators (or of the third arbitrator chairing the arbitration panel, if
there is no such majority) shall be final and binding and shall be enforceable in any court of
competent jurisdiction as decree of the court. The parties thereby waive any objections to or claims
of immunity from such enforcement.
20.2.9 The arbitrator(s) shall give reasoned award.
20.3. Notwithstanding any reference to the Adjudicator or arbitration herein,
(a) the parties shall continue to perform their respective obligations under the Contract unless they
otherwise agree
(b) the Employer shall pay the Contractor any monies due to the Contractor.
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21. WORK PROGRAM

21.1. CONTRACTOR’S ORGANIZATION
The Contractor shall supply to the Employer and the Project Manager a chart showing the proposed
organization to be established by the Contractor for carrying out work. The chart shall include the
identities of the key personnel together with the curricula vitae of such key personnel to be
employed within twenty-one (21) days of the Effective Date. The Contractor shall promptly inform
the Employer and the Project Manager in writing of any revision or alteration of such an
organization chart.
21.2. PROGRAM OF PERFORMANCE
Within twenty-eight (28) days after the date of Notification of Award of Contract, the Contractor
shall prepare and submit to the Project Manager a detailed program of performance of the Contract,
made in the form of PERT network and showing the sequence in which it proposes to design,
manufacture/procure, transport, work at site as well as the date(s) by which the Contractor
reasonably requires that the Employer shall have fulfilled its obligations under the Contract so as
to enable the Contractor to execute the Contract in accordance with the program and to achieve
Completion of the Facilities in accordance with the Contract. The program so submitted by the
Contractor shall accord with the Time Schedule to the Contract Agreement and any other dates
and periods specified in the Contract. The Contractor shall update and revise the program as and
when appropriate or when required by the Project Manager, but without modification in the
Times for Completion given in the SCC and any extension granted in accordance with GCC
Clause 23, and shall submit all such revisions to the Project Manager.
21.3 Progress Report
The Contractor shall monitor progress of all the activities specified in the program referred to in
GCC Sub-Clause 21.2 (Program of Performance) above, and supply a progress report to the
Project Manager every month.
The progress report shall be in a form acceptable to the Project Manager and shall also indicate: (a)
percentage completion achieved compared with the planned percentage completion for each
activity; and (b) where any activity is behind the program, giving comments and likely
consequences and stating the corrective action being taken.
21.4 PROGRESS OF PERFORMANCE
If at any time the Contractor’s actual progress falls behind the program referred to in GCC Sub-
Clause 21.2 (Program of Performance), or it becomes apparent that it will so fall behind, the
Contractor shall, at the request of the Employer or the Project Manager, prepare and submit to the
Project Manager a revised program, taking into account the prevailing circumstances, and shall
notify the Project Manager of the steps being taken to expedite progress so as to attain Completion
of the Facilities within the Time for Completion under GCC Clause 13 (Time for Commencement
and Completion), or any extended period as may otherwise be agreed upon between the Employer
and the Contractor.
21.5 WORK PROCEDURES

The Contract shall be executed in accordance with the Contract Documents and the procedures
given in the section on Forms and Procedures of the Contract Documents.
If agreed between the Employer and the Contractor, the Contractor may execute the Contract in
accordance with its own standard project execution plans and procedures to the extent that they
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do not conflict with the provisions contained in the Contract.

21.6 Maintenance of Records of Weekly Progress Review Meetings at Site.
The Contractor shall be required to attend all weekly progress review meetings organized by the
'Project Manager' or his authorised representative. The deliberations in the meetings shall inter-
alia include the weekly program, progress of work (including details of manpower, tools and
plants deployed by the contractor vis-a-vis agreed schedule), inputs to be provided by Employer,
delays, if any and recovery program, specific hindrances to work and work instructions by
Employer. The minutes of the weekly meetings shall be recorded in triplicate in a numbered
register available with the Project Manager or his authorized representative. These recordings
shall be jointly signed by the Project Manager or his authorized representative and the Contractor
and one copy of the signed records shall be handed over to the Contractor".
22. TRANSFER OF OWNERSHIP

22.1 Ownership of the Contractor’s Equipment used by the Contractor and its Subcontractors in
connection with the Contract shall remain with the Contractor or its Subcontractors.
22.2 Disposal of surplus material: Ownership of any goods/materials in excess of the requirements for
the Facilities (i.e. surplus material) shall revert to the Contractor upon Completion of the Facilities
or at such earlier time when the Employer and the Contractor agree that the goods/materials in
question are no longer required for the Facilities. The Contractor shall remove from the site such
surplus material brought by him in pursuance of the Contract, subject to the Contractor producing
the necessary clearance from the relevant authorities (Custom, Excise etc.), if required by the law,
in respect of re-export or disposal of the surplus material locally.
The liability for the payment of the applicable taxes/duties, if any, on the surplus material so re-
exported and / or disposed locally shall be that of the Contractor.
The Contractor shall also indemnify to keep the Employer harmless from any act of omission or
negligence on the part of the Contractor in following the statutory requirements with regard to
removal/disposal of surplus material. The Indemnity Bond shall be furnished by Contractor as
per proforma. Further, in case the laws require the Employer to take prior permission of the
relevant Authorities before handing over the surplus material to the Contractor, the same shall be
obtained by the Contractor on behalf of the Employer.
22.3 Notwithstanding the transfer of ownership of the goods/materials, the responsibility for care
and custody thereof together with the risk of loss or damage thereto shall remain with the
Contractor hereof until Completion of the Facilities or the part thereof in which such
goods/materials are incorporated.
22.4 In case of where the Employer hands over his goods/materials/Equipment to the Contractor for
executing the Contract, then the Contractor shall, at the time of taking delivery of the
goods/materials/Equipment through Bill of Lading or other despatch documents, furnish Trust
Receipt for goods/materials/Equipment and also execute an Indemnity Bond in favour of the
Employer for keeping the equipment in safe custody and to utilise the same exclusively for the
purpose of the said Contract.
23. CHANGES IN THE FACILITIES
23.1 INTRODUCING A CHANGE
23.1.1 The Employer shall have the right to propose, and subsequently require, that the Project Manager
order the Contractor from time to time during the performance of the Contract to make any
change, modification, addition or deletion to, in or from the Facilities (hereinafter called
“Change”), provided that such Change falls within the general scope of the Facilities and does not
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constitute unrelated work and that it is technically practicable, taking into account both the state
of advancement of the Facilities and the technical compatibility of the Change envisaged with the
nature of the Facilities as specified in the Contract .
23.1.2 The Contractor may from time to time during its performance of the Contract propose to the
Employer (with a copy to the Project Manager) any Change that the Contractor considers
necessary or desirable to improve the quality, efficiency or safety of the Facilities. The Employer
may at its discretion approve or reject any Change proposed by the Contractor.
23.1.3 Notwithstanding GCC Sub-Clauses 23.1.1 and 23.1.2, no change made necessary because of any
default of the Contractor in the performance of its obligations under the Contract shall be
deemed to be a Change, and such change shall not result in any adjustment of the Contract Price
or the Time for Completion.
23.1.4 The procedure on how to proceed with and execute Changes is specified in GCC Sub
Clauses 23.2 and 23.3.
23.2 CHANGES ORIGINATING FROM EMPLOYER

23.2.1 If the Employer proposes a Change pursuant to GCC Sub-Clause 23.1.1, it shall send to the
Contractor a “Request for Change Proposal,” requiring the Contractor to prepare and furnish to
the Project Manager as soon as reasonably practicable a “Change Proposal,” which shall include
the following:
(a) brief description of the Change
(b) effect on the Time for Completion
(c) estimated cost of the Change
(d) effect on any other provisions of the Contract.
23.2.2 The pricing of any Change shall, as far as practicable, be calculated in accordance with the rates
and prices included in the Contract. If the rates and prices of any change are not available
in the Contract, the parties thereto shall agree on specific rates for the valuation of the Change.
23.2.3 If before or during the preparation of the Change Proposal it becomes apparent that the aggregate
effect of compliance therewith and with all other Change Orders that have already become binding
upon the Contractor under this GCC Clause 23 would be to increase or decrease the Contract Price
as originally set forth in Contract Price of the Contract Agreement, the Contractor may give a
written notice of objection thereto prior to furnishing the Change Proposal as aforesaid. If the
Employer accepts the Contractor’s objection, the Employer and the Contractor shall agree on
specific rates for valuation of the change.
23.2.4 Upon receipt of the Change Proposal, the Employer and the Contractor shall mutually agree upon
all matters therein contained including agreement on rates if such rates are not available in the
Contract or if the limit set forth in Clause 23.2.3 has been exceeded. Within fourteen (14) days
after such agreement, the Employer shall, if it intends to proceed with the Change, issue the
Contractor with a Change Order.
If the Employer is unable to reach a decision within fourteen (14) days, it shall notify the
Contractor with details of when the Contractor can expect a decision.
If the Employer decides not to proceed with the Change for whatever reason, it shall, within
the said period of fourteen (14) days, notify the Contractor accordingly.
23.2.5 If the Employer and the Contractor cannot reach agreement on the price for the Change, an
equitable adjustment to the Time for Completion, or any other matters identified in the Change
Proposal, the Employer may nevertheless instruct the Contractor to proceed with the Change by
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issue of a “Pending Agreement Change Order.”

Upon receipt of a Pending Agreement Change Order, the Contractor shall immediately proceed
with effecting the Changes covered by such Order. The parties shall thereafter attempt to reach
agreement on the outstanding issues under the Change Proposal.
If the parties cannot reach agreement within sixty (60) days from the date of issue of the Pending
Agreement Change Order, then the matter may be referred to the Adjudicator in accordance with
the provisions of GCC Sub-Clause 20.1 (Adjudicator).
23.3 CHANGES ORIGINATING FROM CONTRACTOR
23.3.1 If the Contractor proposes a Change pursuant to GCC Sub-Clause 23.1.2, the Contractor shall
submit to the Project Manager a written “Application for Change Proposal,” giving reasons for
the proposed Change and including the information specified in GCC Sub-Clause 23.2.1.
Upon receipt of the Application for Change Proposal, the parties shall follow the procedures
outlined in GCC Sub-Clauses 23.2.4 and 23.2.5
24 TERMINATION
24.1 TERMINATION FOR EMPLOYER’S CONVENIENCE
24.1.1 The Employer may at any time terminate the Contract for any reason by giving the
Contractor a notice of termination that refers to this GCC Sub-Clause 24.1.
24.1.2 Upon receipt of the notice of termination under GCC Sub-Clause 24.1.1, the Contractor shall
either immediately or upon the date specified in the notice of termination
(a) cease all further work, except for such work as the Employer may specify in the notice of
termination for the sole purpose of protecting that part of the Facilities already executed, or any
work required to leave the Site in a clean and safe condition
(b) Terminate all subcontracts, except those to be assigned to the Employer pursuant to paragraph
(d)(ii) below
(c) Remove all Contractor’s Equipment from the Site, repatriate the Contractor’s and its
Subcontractors’ personnel from the Site, remove from the Site any wreckage, rubbish and
debris of any kind, and leave the whole of the Site in a clean and safe condition
(d) In addition, the Contractor, subject to the payment specified in GCC Sub-Clause 24.1.3, shall
(i) Deliver to the Employer the parts of the Facilities executed by the Contractor up to the
date of termination
(ii) To the extent legally possible, assign to the Employer all right, title and benefit of the
Contractor to the Facilities and to the Plant and Equipment as at the date of
termination, and, as may be required by the Employer, in any subcontracts concluded
between the Contractor and its Subcontractors
(iii) Deliver to the Employer all non-proprietary drawings, specifications and other documents
prepared by the Contractor or its Subcontractors as at the date of termination in
connection with the Facilities.
24.1.3 In the event of termination of the Contract under GCC Sub-Clause 24.1.1, the Employer shall
pay to the Contractor the following amounts:
(a) the Contract Price, properly attributable to the parts of the Facilities executed by the
Contractor as of the date of termination
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(b) the costs reasonably incurred by the Contractor in the removal of the Contractor’s Equipment
from the Site and in the repatriation of the Contractor’s and its Subcontractors’ personnel
(c) any amounts to be paid by the Contractor to its Subcontractors in connection with the termination
of any subcontracts, including any cancellation charges
(d) costs incurred by the Contractor in protecting the Facilities and leaving the Site in a clean and
safe condition pursuant to paragraph (a) of GCC Sub-Clause 24.1.2
(e) the cost of satisfying all other obligations, commitments and claims that the Contractor may
in good faith have undertaken with third parties in connection with the Contract and that are not
covered by paragraphs (a) through (d) above.
24.2 TERMINATION FOR CONTRACTOR’S DEFAULT
24.2.1 The Employer, without prejudice to any other rights or remedies it may possess, may terminate the
Contract forthwith in the following circumstances by giving a notice of termination and its reasons
therefore to the Contractor, referring to this GCC Sub-Clause 24.2:
(a) if the Contractor becomes bankrupt or insolvent, has a receiving order issued against it, compounds
with its creditors, or, if the Contractor is a corporation, a resolution is passed or order is made for
its winding up (other than a voluntary liquidation for the purposes of amalgamation or
reconstruction), a receiver is appointed over any part of its undertaking or assets, or if the
Contractor takes or suffers any other analogous action in consequence of debt
(b) if the Contractor assigns or transfers the Contract or any right or interest therein in violation of the
provision of GCC Clause 23 (Assignment).
(c) if the Contractor, in the judgement of the Employer has engaged in corrupt or fraudulent practices in
competing for or in executing the Contract.
For the purpose of this Sub-Clause:
"corrupt practice" means the offering, giving, receiving or soliciting of anything of value to
influence the action of a public official in the procurement process or in contract execution.
"fraudulent practice" means a misrepresentation of facts in order to influence a procurement
process or the execution of a contract to the detriment of the Employer and includes collusive
practice among Bidders (prior to or after bid submission) designed to establish bid prices at
artificial non-competitive levels and to deprive the Employer of the benefits of free and open
competition.
24.2.2 If the Contractor
(a) has abandoned or repudiated the Contract
(b) has without valid reason failed to commence work on the Facilities promptly or has suspended
(other than pursuant to GCC Sub-Clause 24.2) the progress of Contract performance for more than
twenty-eight (28) days after receiving a written instruction from the Employer to proceed
(c) persistently fails to execute the Contract in accordance with the Contract or persistently neglects to
carry out its obligations under the Contract without just cause
(d) refuses or is unable to provide sufficient materials, services or labour to execute and complete the
Facilities in the manner specified in the program furnished under GCC Clause 21.2 (Program of
Performance) at rates of progress that give reasonable assurance to the Employer that the
Contractor can attain Completion of the Facilities by the Time for Completion as extended then
the Employer may, without prejudice to any other rights it may possess under the Contract, give
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a notice to the Contractor stating the nature of the default and requiring the Contractor to remedy
the same. If the Contractor fails to remedy or to take steps to remedy the same within fourteen (14)
days of its receipt of such notice, then the Employer may terminate the Contract forthwith by
giving a notice of termination to the Contractor that refers to this GCC Sub-Clause 24.2.
24.2.3 Upon receipt of the notice of termination under GCC Sub-Clauses 24.2.1 or 24.2.2, the
Contractor shall, either immediately or upon such date as is specified in the notice of
termination,
(a) cease all further work, except for such work as the Employer may specify in the notice of
termination for the sole purpose of protecting that part of the Facilities already executed, or
any work required to leave the Site in a clean and safe condition
(b) terminate all subcontracts, except those to be assigned to the Employer pursuant to paragraph
(d) below
(c) deliver to the Employer the parts of the Facilities executed by the Contractor up to the date
of termination
(d) to the extent legally possible, assign to the Employer all right, title and benefit of the
Contractor to the Works and to the Plant and Equipment as at the date of termination, and,
as may be required by the Employer, in any subcontracts concluded between the Contractor
and its Subcontractors
(e) deliver to the Employer all drawings, specifications and other documents prepared by the
Contractor or its Subcontractors as at the date of termination in connection with the
Facilities.
24.2.4 The Employer may enter upon the Site, expel the Contractor, and complete the Facilities itself
or by employing any third party. The Employer may, to the exclusion of any right of the
Contractor over the same, take over and use with the payment of a fair rental rate to the
Contractor, with all the maintenance costs to the account of the Employer and with an
indemnification by the Employer for all liability including damage or injury to persons arising
out of the Employer’s use of such equipment, any Contractor’s Equipment owned by the
Contractor and on the Site in connection with the Facilities for such reasonable period as the
Employer considers expedient for the supply and work of the Facilities.
Upon completion of the Facilities or at such earlier date as the Employer thinks appropriate, the
Employer shall give notice to the Contractor that such Contractor’s Equipment will be returned
to the Contractor at or near the Site and shall return such Contractor’s Equipment to the
Contractor in accordance with such notice. The Contractor shall thereafter without delay
and at its cost remove or arrange removal of the same from the Site.
24.2.5 Subject to GCC Sub-Clause 24.2.6, the Contractor shall be entitled to be paid the Contract
Price attributable to the Facilities executed as at the date of termination, the value of any
unused or partially used Plant and Equipment on the Site, and the costs, if any, incurred
in protecting the Facilities and in leaving the Site in a clean and safe condition pursuant to
paragraph (a) of GCC Sub-Clause 24.2.3. Any sums due to the Employer from the
Contractor accruing prior to the date of termination shall be deducted from the amount to be
paid to the Contractor under this Contract.
24.2.6 If the Employer completes the Facilities, the cost of completing the Facilities by the
Employer shall be determined.
If the sum that the Contractor is entitled to be paid, pursuant to GCC Sub-Clause 24.2.5, plus the
reasonable costs incurred by the Employer in completing the Facilities, exceeds the Contract
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Price, the Contractor shall be liable for such excess.

If such excess is greater than the sums due to the Contractor under GCC Sub-Clause 24.2.5, the
Contractor shall pay the balance to the Employer, and if such excess is less than the sums due to
the Contractor under GCC Sub-Clause 24.2.5, the Employer shall pay the balance to the
Contractor.
The Employer and the Contractor shall agree, in writing, on the computation described above and
the manner in which any sums shall be paid.
24.3TERMINATION BY CONTRACTOR
24.3.1 If
(a) the Employer has failed to pay the Contractor any sum due under the Contract within the specified
period, has failed to approve any invoice or supporting documents without just cause pursuant to
Terms and Procedures of Payment of the Contract Agreement, or commits a substantial breach of
the Contract, the Contractor may give a notice to the Employer that requires payment of such sum,
requires approval of such invoice or supporting documents, or specifies the breach and requires
the Employer to remedy the same, as the case may be. If the Employer fails to pay such sum,
fails to approve such invoice or supporting documents or give its reasons for withholding such
approval, fails to remedy the breach or take steps to remedy the breach within fourteen (14) days
after receipt of the Contractor’s notice, or
(b) the Contractor is unable to carry out any of its obligations under the Contract for any reason
attributable to the Employer, including but not limited to the Employer’s failure to provide
possession of or access to the Site or other areas or failure to obtain any governmental permit
necessary for the execution and/or completion of the Facilities which the Employer is required to
obtain as per provision of the Contract or as per relevant applicable laws of the country, then the
Contractor may give a notice to the Employer thereof, and if the Employer has failed to pay the
outstanding sum, to approve the invoice or supporting documents, to give its reasons for
withholding such approval, or to remedy the breach within twenty-eight (28) days of such notice,
or if the Contractor is still unable to carry out any of its obligations under the Contract for any
reason attributable to the Employer within twenty-eight (28) days of the said notice, the Contractor
may by a further notice to the Employer referring to this GCC Sub-Clause 24.3.1, forthwith
terminate the Contract.
24.3.2 The Contractor may terminate the Contract forthwith by giving a notice to the Employer to that
effect, referring to this GCC Sub-Clause 24.3.2, if the Employer becomes bankrupt or insolvent,
has a receiving order issued against it, compounds with its creditors, or, being a corporation, if a
resolution is passed or order is made for its winding up (other than a voluntary liquidation for the
purposes of amalgamation or reconstruction), a receiver is appointed over any part of its
undertaking or assets, or if the Employer takes or suffers any other analogous action in
consequence of debt.
24.3.3 If the Contract is terminated under GCC Sub-Clauses 24.3.1 or 24.3.2, then the Contractor shall
immediately
(a) cease all further work, except for such work as may be necessary for the purpose of
protecting that part of the Facilities already executed, or any work required leaving the Site
in a clean and safe condition
(b) terminate all subcontracts, except those to be assigned to the Employer pursuant to paragraph
(d)(ii)
(c) remove all Contractor’s Equipment from the Site and repatriate the Contractor’s and its
Subcontractor’s personnel from the Site
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(d) In addition, the Contractor, subject to the payment specified in GCC Sub-Clause 24.3.4,
shall
(i) deliver to the Employer the parts of the Facilities executed by the Contractor
up to the date of termination
(ii) to the extent legally possible, assign to the Employer all right, title and benefit of
the Contractor to the Facilities and to the Plant and Equipment as of the date of
termination, and, as may be required by the Employer, in any subcontracts
concluded between the Contractor and its Subcontractors
(iii) deliver to the Employer all drawings, specifications and other documents
prepared by the Contractor or its Subcontractors as of the date of termination in
connection with the Facilities.
24.3.4 If the Contract is terminated under GCC Sub-Clauses 24.3.1 or 24.3.2, the Employer shall pay
to the Contractor all payments specified in GCC Sub-Clause 24.1.3, and reasonable compensation
for all loss or damage sustained by the Contractor arising out of, in connection with or in
consequence of such termination.
24.3.5 Termination by the Contractor pursuant to this GCC Sub-Clause 24.3 is without prejudice to any
other rights or remedies of the Contractor that may be exercised in lieu of or in addition to rights
conferred by GCC Sub-Clause 24.3.
24.4 In this GCC Clause 24, the expression “Facilities executed” shall include all work executed,
Installation Services provided, any or all Plant and Equipment acquired (or subject to a legally
binding obligation to purchase) by the Contractor and used or intended to be used for the
purpose of the Facilities, up to and including the date of termination.
24.5 In this GCC Clause 24, in calculating any monies due from the Employer to the Contractor,
account shall be taken of any sum previously paid by the Employer to the Contractor under the
Contract, including any advance payment paid pursuant to Terms and Procedures of Payment to
the Contract Agreement.
25. CONFIDENTIAL INFORMATION

25.1 The Employer and the Contractor shall keep confidential and shall not, without the written
consent of the other party hereto, divulge to any third party any documents, data or other
information furnished directly or indirectly by the other party hereto in connection with the
Contract, whether such information has been furnished prior to, during or following termination of
the Contract. Notwithstanding the above, the Contractor may furnish to its Subcontractor(s) such
documents, data and other information it receives from the Employer to the extent required for
the Subcontractor(s) to perform its work under the Contract, in which event the Contractor shall
obtain from such Subcontractor(s) an undertaking of confidentiality similar to that imposed on the
Contractor under this GCC Clause 25.
25.2 The Employer shall not use such documents, data and other information received from the
Contractor for any purpose other than execution of the Contract and operation and maintenance of
the Facilities. Similarly, the Contractor shall not use such documents, data and other information
received from the Employer for any purpose other than the design, procurement , construction or
such other work and services as are required for the performance of the Contract.
25.3 The obligation of a party under GCC Sub-Clauses 25.1 and 25.2 above, however, shall not apply
to that information which
(a) now or hereafter enters the public domain through no fault of that party
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(b) can be proven to have been possessed by that party at the time of disclosure and which was
not previously obtained, directly or indirectly, from the other party hereto
(c) otherwise lawfully becomes available to that party from a third party that has no obligation of
confidentiality.
25.4 The above provisions of this GCC Clause 25 shall not in any way modify any undertaking of
confidentiality given by either of the parties hereto prior to the date of the Contract in respect
of the Facilities or any part thereof.
25.5 T h e provisions of this GCC Clause 25 shall survive termination, for whatever reason, of the
Contract.
26. REPRESENTATIVES
26.1 PROJECT MANAGER
If the Project Manager is not named in the Contract, then within fourteen (14) days of the Effective
Date, the Employer shall appoint and notify the Contractor in writing of the name of the Project
Manager. The Employer may from time to time appoint some other person as the Project Manager
in place of the person previously so appointed, and shall give a notice of the name of such other
person to the Contractor without delay. The Employer shall take reasonable care to see that no
such appointment is made at such a time or in such a manner as to impede the progress of work.
The Project Manager shall represent and act for the Employer at all times during the currency of
the Contract. All notices, instructions, orders, certificates, approvals and all other communications
under the Contract shall be given by the Project Manager, except as herein otherwise provided.
All notices, instructions, information and other communications given by the Contractor to the
Employer under the Contract shall be given to the Project Manager, except as herein otherwise
provided.
26.2 Contractor’s Representative & Construction Manager

26.2.1 If the Contractor’s Representative is not named in the Contract, then within fourteen (14) days of
the Effective Date, the Contractor shall appoint the Contractor’s Representative and shall request
the Employer in writing to approve the person so appointed. If the Employer makes no objection
to the appointment within fourteen (14) days, the Contractor’s Representative shall be deemed to
have been approved. If the Employer objects to the appointment within fourteen (14) days giving
the reason therefore, then the Contractor shall appoint a replacement within fourteen (14) days of
such objection, and the foregoing provisions of this GCC Sub-Clause 26.2.1 shall apply
thereto.
26.2.2 The Contractor’s Representative shall represent and act for the Contractor at all times during the
currency of the Contract and shall give to the Project Manager all the Contractor’s notices,
instructions, information and all other communications under the Contract.
All notices, instructions, information and all other communications given by the Employer or the
Project Manager to the Contractor under the Contract shall be given to the Contractor’s
Representative or, in its absence, its deputy, except as herein otherwise provided.
The Contractor shall not revoke the appointment of the Contractor’s Representative without the
Employer’s prior written consent, which shall not be unreasonably withheld. If the Employer
consents thereto, the Contractor shall appoint some other person as the Contractor’s
Representative, pursuant to the procedure set out in GCC Sub-Clause 26.2.1.
26.2.3 The Contractor’s Representative may, subject to the approval of the Employer (which shall
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not be unreasonably withheld), at any time delegate to any person any of the powers,
functions and authorities vested in him or her. Any such delegation may be revoked at any time.
Any such delegation or revocation shall be subject to a prior notice signed by the Contractor’s
Representative, and shall specify the powers, functions and authorities thereby delegated or
revoked. No such delegation or revocation shall take effect unless and until a copy thereof
has been delivered to the Employer and the Project Manager.
Any act or exercise by any person of powers, functions and authorities so delegated to him or
her in accordance with this GCC Sub-Clause 26.2.3 shall be deemed to be an act or exercise by
the Contractor’s Representative.
26.2.3.1 Notwithstanding anything stated in GCC Sub-clause 26.1 and 26.2.1 above, for the purpose of
execution of contract, the Employer and the Contractor shall finalise and agree to a Contract Co-
ordination Procedure and all the communication under the Contract shall be in accordance
with such Contract Co-ordination Procedure.
26.2.4 From the commencement of work at the Site until completion, the Contractor’s Representative
shall appoint a suitable person as the construction manager (hereinafter referred to as “the
Construction Manager”). The Construction Manager shall supervise all work done at the Site by
the Contractor and shall be present at the Site throughout normal working hours except when
on leave, sick or absent for reasons connected with the proper performance of the Contract.
Whenever the Construction Manager is absent from the Site, a suitable person shall be
appointed to act as his or her deputy.
26.2.5 The Employer may by notice to the Contractor object to any representative or person
employed by the Contractor in the execution of the Contract who, in the reasonable opinion of
the Employer, may behave inappropriately, may be incompetent or negligent, or may commit
a serious breach of the Site regulations provided under GCC Sub-Clause 32.3. The Employer
shall provide evidence of the same, whereupon the Contractor shall remove such person
from the Facilities/Site.
26.2.6 If any representative or person employed by the Contractor is removed in accordance with
GCC Sub-Clause 26.2.5, the Contractor shall, where required, promptly appoint a replacement.
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SECTION-XVI
ANNEXURES
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SECTION-XVI: ANNEXURES
ANNEXURE - A
COMMERCIAL TERMS & CONDITIONS
NAME OF THE PROJECT : ……………………………………………………..……….

1. Enquiry /NIT No : ……………………………………………………………….
Date ………………… Date of Opening :
2. Name of the firm :
M/s…………………………….…………………………………………………………..………
………………………………………………………………………….
Phone No……………………….. Fax No……………………… E-mail ………………
3. Address of the firm : (a) Head Office : (b) Registered Office : (c) Local/ Branch Office : (d)
Works :
(e) Auth. Distributor/ Autho. Agent, if any :
4. Registered with :…………………………………………………
5. Manufacturer/Make of the item(s) : M/s. ……………………………………………………… (In case
of Distributor or Agent, relevant document shall be attached)
6. (a) Specify relevant Specification No……………………………………………

(b) Whether Certified by BIS or any other International Standard : YES/NO
(c)Whether Certified by ISO : YES/NO
7. To be furnished
(a)Relevant Drawing within ……………………..days of date of the P.O. (b)Sample to be furnished
within……………….days of date of the P.O.
8. Delivery : i) Delivery period ………………days from the date of PO
ii) Delivery period….days from the date of drawing approval.
9. Guarantee/Warranty Period : ………………months from the date of despatch /
…………… months from the date of commissioning whichever is earlier.
10. Agreed to accept DVC’s Security Deposit-cum-Performance : YES
Guarantee Clause, GCC cl. No. 23
11. Agreed to accept DVC’s LD Clause GCC cl No.22 : YES
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12.(a) Basis of Price : Firm/Variable
(b) If the price is variable, mention : ……………..………relevant PV Formula, base date & ceiling
limit for payment purpose, if any, as mentioned in the bid document
13. Price Based on : E X-WORKS ……………………
14. Packing & Forwarding (if any) : ……....% on quoted EX-WORKS price/NA.
15. Basis of Freight Charge : Freight Charge based on By
Road/Rail/Sea/Air.
16. Quantum of Freight Charge : … ….…% of Ex-works of price
or (lump sum) on actuals against doc. evidence or free delivery at consignee store.
17. Payment Terms : DVC’s payment term / any other
18. Insurance : By DVC’s Open Policy/by the firm.
19. a) Excise Duty : Extra @ as on the date of bid b) Education Cess opening/not
applicable.
20. a) Customs duty on imports : Extra as applicable on the date of bid opening/NA.
b) CVD if applicable
21. Sales Tax/ vat : Concessional Sales Tax/vat as on the date of bid opening extra / Not
applicable.
22. Whether type test/inspection charge by 3rd party attracts any statutory taxes and duties (like
ED/Cess/ST/Service Charge etc.) ? : ….……….
Actual quantum as on the date of bid opening to be specified / NA
23. Any other Statutory Taxes or Duties : Extra as applicable at the time of delivery, if any / not
applicable.
DATE :
SIGNATURE OF THE BIDDER ALONG WITH SEAL
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ANNEXURE – B
PRICE BID
(APPLICABLE FOR MANUFACTURER ONLY. BIDDERS OTHER THAN MANUFACTURER
MAY QUOTE FOR ALL INCLUSIVE F.O.R. DESTINATION PRICE INDICATING FREIGHT
& INSURANCE COMPONENT SEPARATELY).
NAME OF THE PLANT : …………………………………………………
ADDRESS : …………….…………………………………………………
Enquiry/NIT No. : ………… …………………………………………………
Date : ……………………………………
ITEM MATERIAL QUANTITY UNIT UNIT F&I UNIT FOR

SL. NO. DESCRIPTION EX- CHARGE OR DESTINATIO TOTAL FOR
WORKS UNIT N PRICE DESTINATIO N
PRICE FREIGHT (RS.) PRICE (RS.)
(RS.) CHARGE *
(RS.)
(1) (2) (3) (4) (5) (6) (7)
* if the bidder opts for DVC’s Mega Risk Insurance Policy.
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Besides above, the following items to be quantified, if applicable.
I. Packing & Forwarding charges, if any :……………………

II. Excise Duty : ……………………………..
III. Education Cess : ……………………………
IV. Customs Duty +CVD, if any : ……………………………
V. Sales Tax /vat as applicable : ……………………………..
VI. Octroi/any other taxes & duties, if any : ……………………..
VII. Type test charge, including any taxes and duties, if any : ……………………………
VIII. 3rd Party Inspection Charge as per QAP including taxes & duties, if any : ………….……...
IX. Ex-works Cost of mandatory/recommended spares : ……………………….
(enclose separate sheet if required)
X. Freight & Insurance Charge in respect of Sl. No.(ix) :……
XI. Statutory Taxes & Duties as applicable on item described at Sl. No. (ix) : …………
DATE :
SIGNATURE OF THE BIDDER ALONG WITH SEAL
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ANNEXURE - C
Deviation Schedule
Bidder should agree to all the techno-commercial terms and conditions of the bid documents. However,
deviation, if any, should be stated as per the following schedule and to be submitted along with the
techno-commercial bid failing which it will be presumed that all terms and conditions are acceptable to
them. Deviations taken elsewhere and not brought out in the following deviation schedule, the same
will not be accepted. The owner reserves the right to reject the offer on account of such deviations if
the bidder, on advice of owner, does not withdraw the deviations.
Name of the Project : …………………………………………….. Your NIT No.
:…………………………………………………….. (Bidder’s Name & Address)
:……………………………………… To
…………………………………………
…………………………………………. (Purchaser’s Name & Address)
Dear Sir(s),
Following are the deviations proposed by us relating to techno-commercial terms and conditions. We
confirm that we shall withdraw the deviations proposed by us at the cost of withdrawal
indicated in the price bid falling which our bid may be rejected and Bid Security forfeited.
Sl. No. Clause No. Deviation
Date : ……………………. Signature ………………………………. Place : ……………………

(Name)……………………………………
(Designation) …………………………… (Common Seal) …………………………
NOTE : If there are no deviation, this deviation schedule shall be submitted along with the techno-
commercial bid duly signed and stamped after stating “NIL DEVIATIONS”.
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ANNEXURE - D
Cost of withdrawal of deviations
Name of the Project : …………………………… Your NIT No. ……………………………………..
(Bidder’s Name & Address) :…………….………………………………………… To
……………………………………………….. (Purchaser’s Name & Address)
Dear Sir(s),
Following are the deviations as proposed by us relating to techno-commercial terms and conditions. We
are also furnishing below the cost of withdrawal for the deviations proposed by us. We confirm that
we shall withdraw the deviations proposed by us at the cost of withdrawal
indicated in this attachment falling which our bid may be rejected and Bid Security forfeited.
Sl. No. Clause No. Deviation Cost of Withdrawal in Rs.
Date :…………………… (Signature)…………………………

Place : ………………….
(Name)………………………………
(Designation) ………………………
(Common Seal) ……………………
NOTE : Bidders may note that bids containing deviations without the cost of withdrawal price
shall be considered as unresponsive offer and will be out rightly rejected. This schedule indicating the
cost of withdrawal price for such deviations should be submitted along with the price bid only and will
be taken into consideration for the purpose of bid evaluations. Where the bidder quote lumpsum amount
as cost of withdrawal of all the listed deviations without furnishing item wise break ups, the entire
amount will be added for the purpose of evaluation.
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ANNEXURE -E
DETAILS OF BANKER FOR MAKING PAYMENT THROUGH RTGS/NEFT Requirement for
RTGS / CBS /NEFT
1. Name of the Company/ Beneficiary:
2. Address:
3. Phone/ FAX Number :
4. Bank Particulars :
a) Bank Name:
b) Branch Name:
c) Branch Address:
d) Branch Telephone No.& FAX No:
e) Branch Code:
f) 9 Digit MICR No. of Branch (Enclose a cancelled Cheque):
g) 11 Digit IFSC Code of Bank Branch:
h) Bank Account No.:
i) Bank Account Type: Current / CC etc.:
We hereby declare that the particulars given are correct and complete. If the transaction is delayed or
credit is not affected at all for reasons of incomplete or incorrect information, we would not hold
DVC responsible.
Date: (Authorised Signatory)
Place: (Printed Name) (Designation) …………………… (Name) ……………………
Address…………………...
(Company Seal)
Bank Certification:
It is certified that above mentioned beneficiary holds a Bank Account No.---------- with our branch and
the Bank particulars mentioned above are correct.
Date: (Authorised Signatory)

Place: (Name) (Designation)
(Authorisation No.) (Bank Seal)
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ANNEXURE-F

(ESTABLISHED BY THE ACT XIV OF 1948)
NAME OF THE PLANT/ OFFICE
ADDRESS OF THE PLANT/ OFFICE
PURCHASE ORDER FORMAT
NO. Tel No. Fax No.

Date :
To
** VENDOR’S NAME & VENDOR’S TELEPHONE:………………
ADDRESS :…………………………….. FAX : ……………………….

…………………………………………… E-MAIL : ……………………
…………………………………………… MOBILE :…………………...
Sub: Supply of
Ref :
i) Tender Enquiry No :
ii) Your Quotation No : Dated
Dated
iii) ur Letter No :
Dated
iv) Your letter No :
Dated
Dear Sirs,
With reference to above, DAMODAR VALLEY CORPORATION is pleased to place order on you to
deliver the following item(s) subject to the terms and conditions specified herein and as contained in our
General Conditions of contract (GCC) supplied with the bid document or
download from site. Item-wise detailed specifications are also enclosed.
Sl. No. Description of Qty Unit Unit Ex- Unit F&I Unit FOR- Total FOR-
item works (to be Charge destination destination
mentioned (Rs.) or price (Rs.) Price (Rs.)
as per Unit
quotation) Freight
price (Rs) Charge*
(Rs.)
* If the bidder opts for DVC’s Mega Risk Insurance Policy.
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TERMS & CONDITIONS

1. PRICE BASIS :
2. EXCISE DUTY :
3. EDUCATION CESS :
4. SALES TAX / VAT :
5. ANY OTHER STATUTORY TAXES & DUTIES :
6. FREIGHT CHARGES :
7. TYPE TEST CHARGE/3RD PARTY INSPECTION CHARGE, IF ANY:
8. PACKING & FORWARDING CHARGES:
9. MODE OF DESPATCH & PLACE OF DESPATCH:
10. INSURANCE :
11. PAYMENT TERMS :
12.SECURITY DEPOSIT CUM PERFORMANCE GUARANTEE:
13. L.D CLAUSE:
14. DELIVERY :
15.INSPECTION: (AS & WHERE REQUIRED)
16. GUARANTEE:
17. CONSIGNEE :
18. PAYING AUTHORITY:
19. SPECIAL CONDITIONS, IF ANY:
Please acknowledge receipt and convey your acceptance by returning the duplicate copy of this
Purchase Order duly signed with company seal and date within 10(ten) days to the Purchase
Order Issuing Authority.
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Enclosure :-
1. DETAILED SPECIFICATIONS OF THE ITEM (S).
2. BANK GUARANTEE FORMAT.
3. GUARANTEED TECHNICAL PARTICULARS.
4. special condition of contract
Yours faithfully,
(PO SIGNING AUTHORITY) FOR & ON BEHALF OF

** This format is for items procured from manufacturer only. FOR non-manufacturer vendor, all-
inclusive FOR-D price to be indicated in PO.
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ANNEXURE –G

NAME OF THE PLANT :…………………………………… ADDRESS
:……………………………………………………
CERTIFICATE OF OEM/OES/ PROPRIETORY/STANDARDISED ARTICLES

A. Manufacturer’s/Vendor’s ::
Name and Address & details of works where the item is manufactured
B Description of Articles ::
C. Control Code No ::
D. Indigenous/Imported Item ::
E. If Imported, Name of the Indian Agent if any ::
F. Indent No with Date ::
G. Estimated Value ::
H. Basis of estimate : ………………………
1. This is to certify that to the best of my knowledge the items covered in the above indent are
manufactured by the manufacturer indicated above only and as such these items are declared to be
proprietary items of them.
2. This is to certify that the above item has been standardized for a period of
vide Office Memorandum No.________________ Dated._________
3. This is to certify that the spares covered in above Indent are required for use on the equipment
manufactured as indicated on the face of indent and as such these spares are declared as
proprietary spares of them.
4.a)This is to certify that items covered in above indent are required for use on the equipment
manufactured by the vendor indicated on the face of Indent and given therein above will only serve
our purpose and no other make shall be suitable. Hence the items indented may be procured from
them on single tender basis.
4. b) This is to certify that the equipment indented is from Original Equipment Manufacturer
(OEM)
5. (a) In case the indented item to be procured from OES, Indenting authority should certify that to the
best their knowledge no substitute for the items covered in the above indent are available in the
market and there is no other vendor available for supply of the indented item.
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(b) OES as indicated by the Indenting Authority should certify that the tendered items are manufactured
under their direct technical supervision and necessary measures have been taken by them for
ensuring quality assurance.
6. This is to certify that the items covered in the above indent have been originally manufactured
/ supplied by the vendor mentioned above.
Signature
Name
Designation
Date
Please strike out which are not applicable.

This certificate should be issued by authority not below the rank of
Station Chief/Sr.C.E. HOD./CE
Please note the following in general with respect to OEM & OES :
OEM - In case of complete equipment such as, Pump, Motor, Panel etc., manufacturer of the complete
equipment as a whole or component parts manufactured by the OEM only, may be considered as
Original Equipment Manufacturer (OEM).
OES – In case of supply of a package consisting of number of equipments/components, the
supplier of the total package may be considered as the original equipment supplier (OES) and
the same is a bought out item.
PAC - T h e article/component is manufactured by the vendor only and there is no other known
vendor who manufacture the same article.
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ANNEXURE-H

NAME OF THE PLANT………………………….
ADDRESS………………………………………...
BID OPENING STATEMENT
Tender Enquiry No. :

Date of Opening :
Number of Tender Documents sold :
Number of Tenders received :
Original Opening Date :
Extended Opening date if any :
Tenders were opened at on in presence of the following representatives of the Vendors:
` Name of Vendor’s Full signature of the Authorization letter No

representative with representative with & Date of the Vendor
Designation date. to attend Tender
Opening.
01.
02.
03.
04.
05.
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1. DVC OFFICER’S FROM FINANCE / ACCOUNTS DEPARTMENT PRESENT IN THE BID

OPENING.
Full Name : Designation :
Signature & Date :
2. DVC OFFICERS PRESENT IN THE BID OPENING

i. Full Name: Designation: Signature
& Date :
ii. Full Name : Designation :
Signature & Date :
NB. In case of E-procurement, tender opening committee members will open the bid through their
individual key and fill in the auto generated form.
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ANNEXURE-I
NAME OF THE PLANT

ADDRESS_______________________________________________
FROM: SDE / SE / (PURCHASE TO:

DEPTT) / CPO TO: ACAO, SR. AO (CASH), DVC
ACAO,SR.AO(CASH)DVC
SUB : Release of Earnest Money Deposit (EMD) against Tender Enquiry No.
dated .
REF: OUR EMD FORWARDING LETTER NO. DATED
ADDRESSED TO THE (ACCO/SR.AO-CASH).
As the ordering action against the above tender has already been finalised, you are requested to
release the EMD of the following unsuccessful bidders with intimation to us.
Sl. No. Name of the Party EMD details (Rs. ) in the form of
1.
2.
3.
4.
5.
SIGNATURE WITH DATE CHIEF PURCHASE OFFICER/ TENDER INVITING AUTHORITY
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ANNEXURE -J
REQUEST TO INDENTING OFFICER FOR NO DEMAND CERTIFICATE TO RELEASE BG

NAME OF THE PLANT
ADDRESS______________________________________________
SUB : REQUEST FOR NO DEMAND CERTIFICATE TO RELEASE BANK GUARANTEE

NO. _______________ DATED
REF: PURCHASE ORDER NO. ____________DATED _________ FOR SUPPLY
OF PLACED ON
M/S.
THE SUBJECT MENTIONED BANK GURANTEE AMOUNTING TO RS. _______THE

FIRM HAS NOW REQUESTED TO RETURN THE BG VIDE THEIR LETTER NO DATED
(COPY ENCLOSED).
YOU ARE, THEREFORE, REQUESTED TO ISSUE NO DEMAND CERTIFICATE TO RELEASE

THE BG IF THE CONTRACTUAL OBLIGATIONS including technical parameters AS PER THE
TERMS & CONDITIONS OF THE PURCHASE ORDER HAS BEEN FULFILLED BY THE
SUPPLIER. IN CASE THERE IS ANY DIFFICULTY IN ISSUING THE NO DEMAND
CERTIFICATE, THE REASON FOR THE SAME MAY PLEASE BE COMMUNICATED. PLEASE
SEND YOU REPLY IMMEDIATELY.
SIGNATURE WITH DATE (EE/SDE/SE OF PURCHASE DEPARTMENT)
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ANNEXURE-K
NO DEMAND CERTIFICATE TO RELEASE BG

NAME OF THE PLANT ADDRESS
FROM: HEAD OF INDENTING TO: SDE/SE/CPO/PURCHASE

DEPARTMENT/PLANT/IO DEPARRMNT
SUB : NO DEMAND CERTIFICATE TO RELEASE BANK GUARANTEE NO.

DATED
REF: 1. PURCHASE ORDER NO. DATED
FOR SUPPLY OF PLACED ON M/S.
2. LETTER NO. DATED OF CPO
NO DEMAND IS HERE BY ISSUED TO RELEASE THE ABOVE MENTIONED BANK

GUARANTEE AMOUNTING TO RS. AS THE CONTRACTUAL
OBLIGATIONS AS PER THE TERMS & CONDITIONS OF THE ABOVE PURCHASE ORDER
HAS BEEN FULFILLED BY THE SUPPLIER M/S.
SIGNATURE WITH DATE CE/HOD/IO, INDENTING DEPARTMENT/PLANT
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ANNEXURE-L
RELEASE OF SECURITY DEPOSIT – BANK GUARANTEE

NAME OF PLANT
ADDRESS
TO: CAO / ADDL. ACO

FROM : EE / SDE / SE / CPO
SUB : REQUEST FOR RELEASE OF BANK GUARANTEE NO. DATED

.
REF:1. PURCHASE ORDER NO. DATED
FOR SUPPLY OF M/S. PLACED ON
.
2. OUR LETTER NO. DATED
THE SUBJECT MENTIONED BANK GUARANTEE AMOUNTING TO RS.

HAS EXPIRED ON (DATE). AS THE FIRM HAS FULLY EXECUTED THE
ORDER, YOU ARE, THEREFORE, REQUESTED TO RELEASE THE SDBG AGAINST THE
ABOVE PURCHASE ORDER IMMEDIATELY.
SIGNATURE WITH DATE (PURCHASE DEPARTMENT)
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ANNEXURE-M
NAME OF PLANT
ADDRESS
BANK GUARANTEE VERIFICATION CHECK LIST
CHECKLIST YES NO
1. Does the Bank Guarantee compare verbatim with standard

DVC Proforma for BG?
2. a) Has the executing Officer of BG indicated his name,
designation & power of Attorney No. / Signing Power
number etc. on BG?
b) Is each page of BG duly signed / initialed by the

executants and last page is signed with full particulars as
required in the DVC’s standard Proforma of BG and
under the seal of the Bank?
c) Is BG no. and date mentioned on all pages of the BG.?
d) Does the last page of the BG carry the signature of two

witnesses alongside the signature of the Executing Bank
Manager.?
3. a) Is the BG on non – judicial stamp paper of appropriate

value.?
b) Is the date of sale of non-judicial stamp paper is issued
not more than six months prior to date of execution of
BG?
4. a) Are the factual details such as Bid specifications No.

/NIT No. /LOA/PO No. contract price, etc. correct?
b) Whether overwriting /cutting if any on the BG

authenticated under signature & seal of executants.
5) Is the amount and validity of BG in line with
contract provisions?
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6) Is the foreign bank guarantee, confirmed by a

Nationalized/Scheduled bank in India (as
applicable)?
7) Whether the BG has been issued by a Nationalized

Bank/non-Nationalized Bank Acceptable to DVC
/ Scheduled bank of India (the applicability of the
bank should be in line with the provisions of
bidding Documents). (on non-judicial stamp paper
of appropriate value to be purchased in the name
of the Bank).
(on non-judicial stamp paper of appropriate value to be purchased in the name of the Bank).
BANK GUARANTEE CONFIRMATION SYSTEM
The following methods for BG confirmation system which is swift & secured in addition to the exiting
paper based confirmation system may be considered:
a) Getting confirmation through digitally signed secured e-mails from issuing Bank
b) On line verification of company portal with user ID and password followed by second stage
authentication system generated one time password (OTP) on portal for reconfirmation.
c) E-mail confirmation followed by second stage authentication by system generated SMS
through registered mobile and reconfirmation through SMS to the verifying officer.
Note: DVC may evolve their own procedure adopting any one or more of the above methods for
ensuring genuineness of BGs, which is compatible with the guidelines of Banks/Reserved Bank of
India.
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ANNEXURE-N
FORM OF EXTENSION OF BANK GUARANTEE
Ref. No. : Date……….
To
*Damodar Valley Corporation,
Sub : Extension of Bank Guarantee No. Dated for
Rs. favouring yourselves, expiring on on account of
M/s. in respect of P.O. No.
Dated .
(Hereinafter called original Bank Guarantee)
Dear Sirs,
At the request of M/s.………………………… We…………………… Bank Branch Office at
………………………and having its head office at ………………………do hereby extend the
validity of the above mentioned Bank Guarantee No……………………… dated ………… by
another ……………….. months/years and will now expire on ………………… with claim period upto
………………….
Except as provided above, all other terms and conditions of the original Bank Guarantee
No……………Dated…………………shall remain unaltered and binding.
Please treat this as an integral part of the original guarantee to which it would be attached.
Yours faithfully,
For……………………………………….
Manager/Agent/Accountant
Dated……………….
SEAL OF BANK
Note : * Please mention the full address of project/office where the Bank Guarantee is to be
submitted.
The non – judicial stamp paper should be in the name of issuing Bank.
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ANNEXURE-Q
PROFORMA BANK GUARANTEE FOR ADVANCE

(To be stamped in accordance with Stamp Act)
Ref : ……………………………………… Bank Guarantee No…………… Dated :

………………………….
To
*Damodar Valley Corporation
Address of the Plant
Know all men by these presents that in the consideration of the Damodar Valley Corporation
(herein after referred to as the ‘Owner’, which expression shall unless repugnant to the context or
meaning thereof include its successors, administrators and assigns) having awarded to
M/s……………………… With its Registered / Head Office
at……………………………………………… hereinafter referred to as ‘Contractor ‘ which expression
shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors,
and assigns) a contract by issue of Owner’s Letter of Award
No. dated and the same having been unequivocally
accepted by the Contractor, resulting into a Contract bearing No. dated
valued at for (scope of work) contract (hereinafter called ‘Contract’) and the owner having
agreed to make an advance payment to the Contractor for performance of the above Contract amounting
to (in words and figures) as an Advance against Bank Guarantee to be furnished by the Contractor.
We (name of the Bank) having its head Office at

(address) (hereinafter referred to as the ‘ Bank’ which expression shall unless repugnant to the context or
meaning thereof, include its successors, administrators, executors and assigns) do hereby guarantee and
undertake to pay the owner immediately on demand any or all money payable by the Contractor to
the extent of (in words and figures) at any time upto without any demur, reservation, recourse,
contest or protest and or without any reference to the contractors. Any such demand made by the owner
on the bank shall be conclusive and binding notwithstanding any difference between the owner and
contractor or any dispute pending before any court, Tribunal, arbitrator or any other authority. We
agree that the Guarantee herein contained shall be irrecoverable and shall continue to be enforceable till
the owner discharges this Guarantee.
The owner shall give the fullest liberty without affecting in any way the liability of the Bank under
the Guarantee from time to time to vary the advance or to extend the time for performance of the
Contract by the Contractor. The owner shall have the fullest liberty without affecting this Guarantee, to
postpone from time to time the exercise of any powers vested in them or of any right which they
might have against the contractor, and to exercise the same at any time in any manner, and either to
enforce or to forebear to enforce any covenants contained or implied in the Contract between the Owner
and the Contractor or any other course or remedy or security available to the Owner. The Bank shall not
be released of its obligations under these presents by any exercise by the Owner of its liberty with
reference to matters aforesaid or any of them or by reason of any other act or forbearance or other acts
of omission or commission on the part of the law would but for this provision have the effect of
relieving the Bank.
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Page 219
The Bank also agrees that on certification of the Owner the amount of the Bank Guarantee shall stand
reduced to the extent so notified by the Owner semi-annual. It is further agreed that the reduction so
notified by the Owner shall be conclusive and binding on the bank without any reservation.
The Bank also agrees that the Owner at its option shall be entitled to enforce this Guarantee
against Bank as a Principal debtor in first instance without proceeding against the Contractor and
notwithstanding any security or other Guarantee that the Owner may have in relation to the
Contractor’s liabilities.
Notwithstanding anything contained hereinabove, our liability under this guarantee is limited to
and it shall remain in force upto and including
@ and shall be extended from time to time for such period (not exceeding one year) as
may be desired by M/s.
on whose behalf this Guarantee has been given. Dated this day of 200 at .
Witness :
(Signature) Signature
Name
Witness :
Signature
Designation with Bank Stamp
Official Address
Strike out whichever is not applicable

@ the date will be 90 days after the date of completion of the contract.
Note : * Please mention the full address of project/office where the Bank Guarantee is to be
submitted.
(On non-judicial stamp paper of appropriate value)
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ANNEXURE-P
PROFORMA OF BANK GUARANTEE IN LIEU OF EARNEST MONEY DEPOSIT
To
*DAMODAR VALLEY CORPORATION BG No. : DVC TOWERS : VIP ROAD Date :
KOLKATA-54.
Dear Sir.
In accordance with your Notice Inviting Tender for ……………………………
………………………...………………………………………under your specification
No………………………dated…………………M/s. ……(Name& full address of the firm)
(Hereinafter called the Tenderer) hereby submit the Bank Guarantee:
Whereas to participate in the said tender for the following:
1. …………………………………………………… (Name of the items to be supplied as per NIT)

2. ……………………………………………………
3. ……………………………………………………
It is a condition in the tender documents that the tenderer has to deposit Earnest Money amounting to
Rs. …………… in respect to the tender, with Damodar Valley Corporation(*) (hereinafter referred
to as “Corporation”) by a Bank Guarantee from a Nationalised Bank/ Schedule Bank/Foreign Bank
irrevocable and operative till the validity of the offer(i.e.
…………days from the date of opening of tender) for the like amount which amount is likely to be
forfeited on the happening of contingencies mentioned in the tender documents.
And whereas the tenderer desires to secure exemption from deposit of Earnest Money and has offered to
furnish a Bank Guarantee for a sum of Rs……………… to the Corporation as Earnest Money.
Now, therefore, we the ………………………(Bank), a body corporate constituted under the Banking
Companies (Acquisition and Transfer of Undertaking) Act. 1969 (delete, if not applicable) and branch
Office at…………. (Hereinafter referred to as the Guarantor) do hereby undertake and agree to pay
forthwith on demand in writing by the Corporation of the said guaranteed amount without any demur,
reservation or recourse.
We, the aforesaid bank, further agree that the Corporation shall be the sole judge of and as to whether
the tenderer has committed any breach or breaches of any of the terms costs, charges and expenses
caused to or suffered by or that may be caused to or suffered by the Corporation on account thereof to
the extent of the Earnest Money required to be deposited by the Tenderer in respect of the said Tender
Document and the decision of the Corporation that the Tender has committed such breach or breaches
and as to the amount or amounts of loss, damage, costs, charges and expenses caused to or suffered
by or that may be caused to or suffered by the Corporation shall be final and binding on us.
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We, the said Bank further agree that the Guarantee herein contained shall remain in full force and effect
until it is released by the Corporation and it is further declared that it shall not be necessary for the
Corporation to proceed against the Tenderer before proceeding against the Bank and the Guarantee
herein contained shall be invoked against the Bank, notwithstanding any security which the
Corporation may have obtained or shall be obtained from the Tenderer at any time when
proceedings are taken against the Bank for whatever amount that may be outstanding or unrealised
under the Guarantee.
The right of the Corporation to recover the said amount of Rs. …………..……
(Rupees………………….) from us in manner aforesaid will not be precluded/affected, even if, disputes
have been raised by the said M/S………………(Tenderer) and/or dispute or disputes are pending
before any authority, officer, tribunal, arbitrator(s) etc.
Notwithstanding anything stated above, our liability under this guarantee shall be restricted to Rs.
…………….. (Rupees …………………………………………) only and our guarantee shall
remain in force upto ………………….. ………..and unless a demand or claim under the guarantee is
made on us in writing within three months after the aforesaid date i.e. on or before the
…………………. all your rights under the guarantee shall be forfeited and we shall be relieved and
discharged from all liability there under.
Date ………………… (Signature) ……………………………… Place …………………

(Printed Name) …………………………
(Designation) …………………………..
(Bank’s common seal) …………………

In presence of:
WTTNESS (with full name, designation, address & official seal, if any)
(1)
(2)
Please indicate the name and address of the projects / stations / offices where the B.G. is to be executed.
(on non-judicial stamp paper of appropriate value to be purchased in the name of executing Bank)
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ANNEXURE-Q
PROFORMA OF BANK GUARANTEE FOR SECURITY DEPOSIT-CUM- PERFORMANCE

GUARANTEE
Ref…………………… Bank Guarantee No……………………… Date………………….
PROFORMA OF B.G. FOR SECURITY DEPOSIT/100% PAYMENT
(1) KNOW ALL MEN BY THESE PRESENTS that in consideration of Damodar Valley Corporation,
a Corporation constituted and established under the Damodar Valley Corporation Act being Act No.
XIV of 1948 and having its Headquarters at D.V.C. Towers, V I P Road, Kolkata-700
054 (hereinafter called “The Corporation”) having agreed to accept from
(hereinafter called “The Contractor”), a Bank Guarantee for
Rs. in lieu of Cash Security Deposit for the due fulfillment by the Contractor of the terms &
conditions of the *Purchase Order/Letter of Intent/Letter of Acceptance/ work
order No. issued by the Corporation for
(Name & Description of the work/material)
(hereinafter called “the said *Purchase Order/Letter of Intent/Letter of
Acceptance/ work order”) we (hereinafter called “the
Guarantor”) do hereby undertake to indemnify and keep indemnified the Corporation to the extent
of Rs. (Rupees
) only against any loss or damage caused to or suffered by the Corporation by reason of any
breach by the Contractor of any of the terms and conditions contained in the said * Purchase
Order/Letter of Intent/Letter of Acceptance/ work order of which breach the opinion of the Corporation
shall be final and conclusive.
(2) AND WE, DO HEREBY Guarantee and undertake to pay
forthwith on demand to the Corporation such sum not exceeding the said sum of
(Rupees ) only as may be specified in
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such demand, in the event of the Contractor failing or neglecting to execute fully efficiently and
satisfactorily the order for PLACED WITH IT (the work tendered for by it) within the period
stipulated in the said *Purchase Order/Letter of Intent/Letter of Acceptance/work order in accordance
with terms and conditions contained or referred to in the said *Purchase Order/Letter of Intent/Letter
of Acceptance/work order in the event of the Contractor refusing or neglecting to maintain satisfactory
operation of the equipment or work or to make good any defect therein or otherwise to comply
with and conform to the design, specification, terms and conditions contained or referred to in the said
*Purchase
Order/Letter of Intent/Letter of Acceptance/ work order.
(3) WE further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be taken for the performance
of the said order as laid down in the said *Purchase Order/Letter of Intent/Letter of Acceptance/work
order including the warranty obligations and that it shall continue to be enforceable till all the dues of the
Corporation under or by virtue of the said * Purchase Order/Letter of Intent/Letter of Acceptance/work
order have been fully paid and its claims satisfied or discharged or till the Corporation or its
authorized representative certified that the terms and conditions of the said * Purchase Order/Letter
of Intent/Letter of Acceptance/ work order have been fully and properly carried out by the said
contractor and accordingly discharged the Guarantee.
(4) WE , the Guarantor undertake to extend the validity of Bank Guarantee at the request of the
Contractor for further period or periods from time to time beyond its present validity period failing
which we shall pay the Corporation the amount of
Guarantee.
(5) The liability under this guarantee is restricted to Rs. (Rupees
) only and will expire on and unless a claim in writing is presented to us or an

action or suit to enforce the claim is filed against us within 6 months from all your rights will be
forfeited and we shall be relieved of and discharged from all our liabilities (thereinafter).
(6) The Guarantee herein contained shall not be determined or effected by liquidation or winding up or
insolvency or closure of the Contractor.
(7) The executants has the power to issue this guarantee on behalf of the Guarantor and holds full and
valid power of Attorney granted in his favour by the Guarantor authorizing him to execute the
Guarantee.
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(8) Notwithstanding anything contained herein above, our liability under this guarantee is restricted to
Rs. (Rupees only and our guarantee
shall remain in force upto and unless a demand or claim under the
guarantee is made on us in writing on or before all your rights under the guarantee shall be
forfeited and we shall be relieved and discharged from all liabilities there under.
WE, Bank lastly undertake not to revoke this guarantee during the currency except with the
previous consent of the Corporation in writing. In witness whereof we have set and subscribed our
hand on this _______________ day of _______________.
SIGNED, SEALED AND DELIVERED

WITNESS :
(Stamp of the executants)

1)
2)
(Name & address in full with Rubber Stamp)
*Mention the relevant along with reference number.
Delete the terms which are not applicable. Each page of B.G. to be signed by the executant with
common Bank stamp and date.
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INSTRUCTIONS FOR FURNISHING BANK GUARANTEE

1. Bank Guarantee (B.G.) for Advance Payment, Mobilization Advance, B.G. for Security Deposit-cum-
Performance Guarantee, Earnest Money should be executed on the Non-Judicial Stamp Paper of the
applicable value and to be purchased in the name of the Bank.
2. The Executor (Bank authorities) may mention the Power of Attorney No. and date of execution in
his/her favour with authorization to sign the documents.
The Power of Attorney is to be witnessed by two persons mentioning their full name and
address.
3. The B.G. should be executed by a Nationalized Bank/Scheduled Commercial Bank. B.G. from
Co-operative Bank/Rural Banks are not acceptable.
4. A Confirmation Letter of the concerned Bank must be furnished as a proof of genuineness of the
Guarantee issued by them.
5. Any B.G. if executed on Non-Judicial Stamp paper after 6(six) months of the purchase of such
stamp paper shall be treated as Non-valid.
6. Each page of the B.G. must bear signature and seal of the Bank and B.G. Number.
7. The contents of the B.G. shall be strictly as Proforma prescribed by D.V.C. in line with
Purchase Order/LOI/Work Order etc. and must contain all factual details.
8. Any correction, deletion etc. in the B.G. should be authenticated by the Bank Officials signing the
B.G.
9. In case of extension of a Contract, the validity of the B.G. must be extended accordingly.
10. B.G. must be furnished within the stipulated period as mentioned in Purchase
Order/L.O.I./Work Order etc.
11. Issuing Bank/The Vender are requested to mention the Purchase Order/Contract/Work Order
reference along with the B.G. No. for making any future queries to D.V.C.
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(On non judicial stamp paper of appropriate value).

PROFORMA FOR INDEMNITY BOND TO BE EXECUTED BY THE VENDOR /
CONTRACTOR IN CONFIRMATION OF RECEIPT OF MATERIAL HANDED OVER BY
DVC FOR REPAIR / RECTIFICATION AT THEIR PREMISES AND SUBSEQUENT
RETURN OF THE SAME IN SAFE AND ACCEPTANCE CONDITIONS.
INDEMNITY BOND
This Indemnity Bond is made this……………day ………………….by

M/s…………………………………………………………. having its registered office at
………………………………….………… (hereinafter called vendor/contractor which expression shall
include its successors and permitted assigns) in favour of DVC
………………… having its Headquarter at DVC Towers, Kolkata–54 and its project/station at
………………………………….……(Hereinafter called the “DVC” which expression shall include its
successors and assigns).
Whereas DVC has awarded P.O. / Letter of intent/award letter / contract No. ………….. dated
……….. to the vendor / Contractor and its amendment No. ………….. dated …………. Amendment No.
…………………. dated …………….. applicable when amendments have been issued (hereinafter called
contract) and against which the materials supplied by the vendor / contractor, was on inspection,
found to be not confirming to specification / drawing / sample as per contract and/or received in
damaged condition and hence rejected.
And whereas by virtue of clause No………. of the said contract, the vendor / Contractor is
required to execute an Indemnity Bond in favour of DVC for the purpose of free replacement/repair /
rectification of the rejected consignment if so required.
Now, therefore, this indemnity Bond witnessed as follows :
The vendor / contractor is under obligation and shall remain absolutely responsible for the safe
transit/protection and custody of the materials / equipment till it is handed over to DVC after doing
necessary replacement/repair/rectification as envisaged in the above clause.
The DVC is and shall remain the exclusive owner of the materials / equipment free from all
encumbrances, charges or fines of any kind, whatsoever.
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That this Indemnity Bond is irrevocable.
Now the conditions of this bond is that if the vendor / contractor shall duly and punctually comply with
the terms and conditions of this bond till the receipt and acceptance of the material / equipment, then
the above bond shall be void, but otherwise it shall remain in full force and virtue.
In witness whereof the vendor/contractor has here-unto set the hand through its authorized
representative under the common seal of the company, the day, month and year first above
mentioned.
SCHEDULE
Particulars of the Qty. Despatch Value of the Sign. Of

material/equipment Particulars equipment Attorney in
handed over RR/GR No. token of
carrier, receipt.
date/Bill of
loading
Witness - I
1. Signature For and on behalf of M/s……………
2. Name
3. Address with seal Signature Designation with seal Common seal of Company
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Witness - II
1. Signature Authorized representatives
2. Name
3. Address with seal
Note : * Indemnity Bonds are to be executed by the authorised persons and (i) In case of contracting
Company under common seal of the Company or (ii) having the power of attorney issued under
common seal of the company withy authority to execute Indemnity Bonds, (iii) In case, (ii) the
original Power of Attorney if it is specifically for our contract or a Photostat copy of the Power of
Attorney if it is a General Power of Attorney and such documents should be attached to
Indemnity Bond.
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ANNEXURE-R
CHECKLIST TO BE SENT BY TENDER COMMITTEE TO TAA
Indent for spares & consumables has approval of competent

1.
authority as per relevant DFP provision/MANUAL Yes/No/NA
Indent for Capital item accompanied by a copy of updated
2.
sanction order. Yes/No/NA
Indent is placed in prescribed Form with all columns duly
3.
filled in. Yes/No/NA
Budget provision indicating specific head of expenditure in
4.
the year of effecting delivery is confirmed. Yes/No/NA
P.A.C./O.E.S or O.E.M/source standardisation certificate is
5.
furnished by competent indenting authority for single tender
Yes/No/NA
procurement.
B.U.S. concurrent with the indent containing information on
6.
last 3 years consumption, stock position, pending indent &
P.O. and rate & source of last purchase with P.O. reference, Yes/No/NA
is furnished.
Initial or first time procurement against replacement of spares
7.
& capital item should not be stated as ‘New Item’ unless it
Yes/No/NA
was never put to use.
Ordering quantity fixed in excess of average annual
8.
consumption with due weight age on stock position, indent
and P.O. in live and procurement lead time is as per Yes/No/NA
justification furnished by I.O.
Indent for new item is properly justified by I.O. along with
9.
the Utilisation Certificate. Yes/No/NA
Whether indigenous source development is explored in respect
10.
of import of spares or capital goods. Yes/No/NA
Last purchase rate of overseas P.O. is given in foreign
11.
currency for a meaningful price comparison along with source
Yes/No/NA
of last supply.
Expected residual life of the item proposed for purchase and
12.
presently under operation vis-à-vis prescribed life of the new
Yes/No/NA
one reasonably assessed and recorded.
High value purchase proposal contain it’s Utilisation
13.
programme, preferably within warranty period. Views of
Yes/No/NA
concerned Director on this score obtained.
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Proposal for procurement of improved version over the existing

14.
one is properly justified with reference to its optimum utilisation
and cost benefit aspect and availability of trained man-power
with obsolency certificate as per authority delegated in Manual. Yes/No/NA
Exact technical specification matched with requirement of

15.
user section for computers and other product where technology
is fast changing is settled before issuance of NIT and
recommended, offer strictly in conformity with NIT is Yes/No/NA
confirmed.
Recommendation as to technical acceptance of offer obtained
16.
from I.O. / his representative in TC. Yes/No/NA
Price reasonability of single offer on
17.
PAC/OEM/OES/Standard Source basis is analysed and
Yes/No/NA
commented upon.
Purchase proposal is placed after settlement of all deviation in
18.
techno commercial part of the offer as per NIT terms. Yes/No/NA
19. Availability of surplus stock in other projects is checked and

considered in fixing the ordering quantity. Yes/No/NA
In case of L.T.E. updated vendor base is considered.
20. Yes/No/NA
Vendor’s behaviour is duly considered in recommendation
21.
for waiver of security deposit and L/D clause. Yes/No/NA
Price implication of commercial terms & conditions of all
22.
the offers are evaluated on equal platform and considered in the
Yes/No/NA
comparative statement
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ANNEXURE-S

ADDRESS OF PLANTS/FIELD OFFICES……………………………….……
MATERIALS DESPATCH CLEARANCE CERTIFICATE
VENDOR’S NAME :
P.O. NO./CONTRACT NO. : DATE :
INSPECTOR’S NAME & DESIGNATION : INSPECTED ON………(Date)
SL. NO. MATERIAL DESCRIPTION QUANTITY REMARKS
SIGNATURE :
NAME :
DESIGNATION :
ADDRESS OF PLANT :
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ANNEXURE-T
ADDRES OF PLANTS/ FIELD OFFICES……………………………..………………
INSPECTION REPORT
(ENCLOSE SEPARATE SHEETS, IF REQUIRED)
1. P.O. NO./CONTRACT NO. :
2. NAME & ADDRESS OF SUPPLIER :
3. NAME & ADDRESS OF SUBVENDOR, IF ANY :
4. ITEM DESCRIPTION :
5. DATE OF INSPECTION :
6. PLACE OF INSPECTION :
SL. NO. DETAILS OF ITEMS QTY ORDERED QTY ACCEPTED REMARKS

/ OFFERED
(Sign. of DVC Inspection Authority) (Sign. of Supplier)
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ANNEXURE-U
SUMMARY SHEET OF PROPOSAL PLACED AT TC (AT HQ ) BY FIELD TC
(Please refer Section VIII)
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ANNEXURE-V
AGREEMENT FOR ANNUAL MAINTENANCE CONTRACT
AN AGREEMENT made and entered into this…………. day of ............ 20…. by and between M/s
DAMODAR VALLEY CORPORATION (DVC),(Name of the Power Station/ Hydel Station/Field
Formations) of the FIRST PART (which expression shall unless repugnant to the context be deemed
to include its successors or assigns) and M/s………………. of the SECOND PART (which expression
shall unless repugnant to the context or meaning thereof be deemed to include its successors or
assigns.)
WHEREAS the aforesaid Party of the First Part invited tenders for the work of
(Name of the work).
WHEREAS the tender of the Party of the Second Part was accepted and the work was awarded to the
Party of the Second Part by letter no.
AND WHEREAS the Party of the Second Part has accepted the work order aforesaid in their
letter No.
Now the Agreement, witnessed and it is hereby agreed by and between the parties as follows:
I.This Agreement is a contract for service, consisting of Clauses 1 to 21, inclusive of Annexure hereto and
NIT/LOA/LOI/Work Order/DVC’s GCC/DVC’s T1/T3 Forms shall form an inseparable part of this
Agreement.
II. In consideration of the payments to be made by the Party of the First Part to the Party of the Second
Part, the Party of the Second Part hereby covenants to carry out the work of (Name of the work). The
Party of the First Part hereby covenants to pay to the Party of the Second Part in consideration of the
aforesaid work, as provided in the Agreement.
1. DEFINATIONS:-
a. “Commencement date” shall mean the date on which this Agreement shall come into force.
b. “Payment” shall mean the amount payable as specified in Clause 10.
c. “Premises” shall mean the premises described in Schedule I .
d. “Notice” shall mean Notice complied with the terms of Clause 16.
e. “Services” shall mean the detailed scope of work as described in Schedule II .
f. “Terms & Conditions” shall mean the terms and conditions which is in the works and
procedural manual 2006 and the terms and conditions mentioned herein after and is binding on
the parties.
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2. OBLIGATIONS OF THE PARTY OF THE SECOND PART
a) The Party of the Second Part shall provide services as agreed upon and set out in Schedule II for
the term of the Agreement or until it is terminated in accordance with the clauses of this Agreement.
b) The Party of the Second Part shall obtain at his own cost necessary permits or licenses etc as required
under the various laws whether Central, State or Local from time to time for performing and
rendering services and the Party of the First Part shall not take any liability whatsoever in this regard.
(i) The Party of the Second Part has to obtain licenses/permits etc as applicable as
mentioned above within a time period of fourteen days of signing this Agreement, failing
which this Agreement shall stand unilaterally terminated.
(ii) If the licenses/permits etc obtained by the Party of the Second Part are revoked and/or
suspended and/or cancelled by the authority concerned and/or become invalid, the
Agreement shall stand unilaterally terminated.
c) The Party of the Second Part shall at its own cost comply with the provisions of all laws, rules, orders
and regulations and notifications whether Central or State or Local as applicable to him or to this
Agreement from time to time. These Acts/Rules include, without limitations the following:
(i) The Minimum Wages Act, 1948 & Rules and Orders and Notifications issued there under
from time to time;
(ii) The Contract Labour (Regulation & Abolition) Act, 1970 with Rules, Orders and Notification
made there under;
(iii), The Industrial Disputes Act, 1947 with Rules, Orders and Notifications issued there under
from time to time;
(iv) The Workmen’s Compensation Act, 1923 with Rules, Orders and Notifications there under
issued from time to time;
(v) The Payment of Gratuity Act, 1972 with Rules, Orders and Notifications issued there under
from time to time;
(vi) The Payment of Wages Act, 1936 with Rules, Orders and Notifications issued there under
from time to time;
(vii) The Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 with Rules, Orders
and Notifications issued there under from time to time;
(viii) The Factories Act, 1948 with Rules, Orders and Notifications issued there under from time
to time;
(ix) The Employees State Insurance Act, 1948 with Rules, Orders and Notifications issued there
under from time to time.
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(x) All other Acts/Rules/Regulations, Bye-laws, Order, Notifications etc. already in vogue or may
be enacted in future by the legislation or present or future Applicable to the Party of the
Second Part from time to time for performing the aforesaid services.
The Party of the Second Part shall produce the requisite Compliance Report to the Party of the
first Part from time to time or as prescribed in the abovementioned laws.
d) The Party of the Second Part shall undertake the services as per details given in Schedule II attached
to this Agreement. The Party of the Second Part shall also comply with other instructions, if any,
given in writing by the authorized representative of the Party of the First Part to the Party of the
Second Part or to his authorized representative for performing the aforesaid services.
e) The performance of service by the Party of the Second Part shall be of highest order/standing and
competence and as described in Schedule II.
f) The Party of the First Part may terminate this Agreement if the performance of services by the Party
of the Second Part is not up to specified standard and if the Party of the Second Part fails to comply
with the laws mentioned hereinbefore. The decision of the Party of the First part in this respect shall
be absolute and final.
3. DEPLOYMENT OF EMPLOYEES BY THE PARTY OF THE SECOND PART
a) The Party of the Second Part as and when required shall deploy his own employees for rendering
satisfactory services.
b) There shall not subsist in any manner whatsoever any employer-employee relationship between the
Party of the First Part and the workmen/employees employed and as and when deployed by the
Party of the Second Part or the Party of the Second Part himself. The Party of the Second Part shall
be responsible for appointments, payment of wages, compliances with all statutory formalities
relating to the workmen/employees employed and deployed by it.
c) The Party of the Second Part shall conduct the work in the manner prescribed by the Party of the
First Part and in the event of any deviation there from, the Party of the Second Part shall be
responsible to make good the same within (need based to be incorporated) from being intimated by
the Party of the First Part. The Party of the Second Part shall supervise and control the manner and
mode of working and also the working of the workmen as and when deployed and there shall not be
any supervision and control by the Party of the First Part over the employees/workmen employed by
the Party of the Second Part.
d) The workmen/employees engaged and deployed by the Party of the Second Part shall observe
discipline at all times and maintain decency and decorum during the course of their employment
and the Party of the Second Part shall be fully responsible for the said workmen/employees.
e) The payment of wages, ESI, PF, bonuses and other benefits to the employees of the Party of the
Second Part shall be the exclusive responsibility of the Party of the Second Part and the employees
shall have no claim whatsoever on the Party of the First Part.
f) The Party of the Second part as an when deploy workmen Party of the Second part shall maintain
a Register of persons employed under him and issue Employment Photo Identity Cards to each
worker within three days of employment and a copy of the same to be submitted with the Party
of the First Part within seven days there from.
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g) The Party of the Second part as and when employed workman shall also maintain all statutory
register viz register of wages, muster roll register of deductions, register of overtime register of
fines, register of advances, wage slip and any other registers required to be maintained under the
statute and shall give inspection of the same to the Party of the First Part on demand.
h) The Party of the Second part as and when employed workman shall make the Payment of
wages and other conditions of employment in respect of workmen employed and deployed by the
Party of the Second Part in conformity with statutory requirements and the Party of the First Part
shall be fully protected in all respect in this regard.
i) The Party of the Second part as and when employed workman shall send half-yearly returns to the
Licensing Officer not later than thirty days from the closing of the Half Year.
j) The Party of the Second part as and when employed workman shall be solely and wholly responsible
for the safety & security of the employees employed by the Party of the Second Part. The Party of
the Second Part shall also make adequate provision of insurance for the said employees at their own
cost to cover them against the risk of accident and /or death in harness. In the event of any accident
and/or death in harness, the Party of the Second Part shall pay proper compensation to the
employees as per The Workmen’s Compensation Act, 1923. The Party of the First Part will have no
responsibility whatsoever, and will be kept fully indemnified and harmless.
k) The Party of the Second Part shall also be responsible for the property of the Party of the First part
and in case of any damage whatsoever, shall immediately repair/replace the damaged property at
their own cost and arrangement failing which Party of the First Part shall have right to recover the
cost from the Party of the Second Part.
l) The Party of the Second part as and when employed workman in case of any act of indiscipline on
the part of workmen/employees engaged by the Party of the Second Part, the Party of the
Second Part shall take suitable action against the delinquent employees with proper intimation to
the appropriate authority of the Party of the First Part.
m) The workmen/employees of the Party of the Second Part as and when employed by the Party of
the Second Part including himself shall have no right and/or any right to access whatsoever to claim
as an employment with the company of the Party of the First Part.
n) In case the workmen/employees engaged by the Party of the Second Part have any grievance they
shall take it up with the Party of the Second Part without causing any disturbance in the premises of
the Party of the First Part in any manner. Under no circumstances, shall the workmen engaged by
the Party of the Second Part initiate or take part in any agitation or demonstration against the Party
of the First Part.
o) If the process forming part of this Agreement is abolished by any provision of law or under Sec.
10 of the Contract Labour (R&A) Act, 1970 the workmen/employees of the Party of the
Second Part shall not become the employees of the Principal Employer i.e. Party of the first Part.
p) During the terms of this Agreement the Party of the Second Part shall be an independent employer
and not in any manner has any employer - employee relationship with the Party of the First Part
and that of Principal to Principal.
4. OBLIGATIONS OF THE PARTY OF THE FIRST PART

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a) The Party of the First Part shall permit the duly authorized workmen of the Party of the Second
Part at all convenient times to enter into and upon the premises only on presentation of the
approved gate passes as mentioned below, for the purpose of carrying out their work.
b) The Party of the First Part shall make to the Party of the Second Part all payments, as per
Clause 10, throughout the term of this Agreement or so long the Agreement subsists or the Party
of the Second Part performs its obligation under this Agreement.
5. COMPLETION
The Work shall be deemed to have been completed on expiry of period of this Agreement and release of
final payment to the Party of the Second Part by the Party of the First Part.
6. PENALTY:
In terms of the General Terms of the Contract clause (as applicable)
7. DELEGATION (As Applicable)
8. INDEMNITY
Party of the Second Part covenants and agrees to fully protect and hold the Party of the First Part, its
employees and agents harmless against any claim, demand, actions, suits, proceedings, judgment,
liabilities, costs, expenses, damages or losses.
9. BILLS
The Party of the First Part reserves the right to require the Party of the Second Part to submit
documentary evidence in support of the bills, including details of the work done, duly supported by
the Certificate from the representative of the Party of the First Part in the first week of the following
month. Party of the First Part also reserves the right to make at the earliest opportunity any adjustment
which may be pending from the previous months.
10. PAYMENT
As per the relevant clauses of work order
11. DURATION OF THE AGREEMENT
a) This Agreement shall be effective from the date of commencement of the work as per the
Work Order.
b) The Agreement shall be deemed to expire on completion of the work and on compliance of all the
statutory obligations by the Party of the Second Part as provided in for in the agreement, unless
extended by both the parties in writing.
12. CANCELLATION/TERMINATION
As Per the Clause 28 of the General Conditions of the Contract
13. CONSEQUENCES OF TERMINATION

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a) In the event of this Agreement being determined whether by efflux of time or notice or breach or
otherwise, the Party of the Second Part shall forthwith return to the Party of the First Part all the
papers, books or other articles belonging to the Party of the First Part.
b) In the event of termination of this Agreement, the rights and obligations of the parties thereto shall be
settled by mutual discussion. The financial settlement shall take into consideration not only the
expenditure incurred but also the expenditure committed by the Party of the First Part.
c) In the event of termination of this Agreement, the Party of the Second Part shall be liable to refund
the amount, if any, paid in advance to it by the Party of the First Part.
d) Either Party shall be entitled to exercise any one or more of the rights and remedies given to it under
the terms of this Agreement and the determination of this Agreement shall not affect or prejudice
such rights and remedies and each party shall remain liable to perform all outstanding liabilities
under this Agreement notwithstanding that the other may have exercised any one or more of the
14. FORCE MAJEURE

As Per the Clause 27 of the General Conditions of the Contract
15. CONFIDENTIALITY
During the tenure of the Agreement and 7 years thereafter the Party of the Second Part undertake on
their behalf and on the behalf of their subcontractors / employees / representatives / associates etc to
maintain strict confidentiality and prevent disclosure thereof, of all the information and data exchanged /
generated pertaining to the work under this Agreement for any purpose other than in accordance with
the Agreement.
16. NOTICE
Any notice to be served by either party on the other shall be sent by Registered Post and shall be
deemed to have been received by the addressee within 07 days of posting.
17. SETTLEMENT OF DISPUTES AND ARBITRATION
a) Any dispute(s) or difference(s) arising out, of or in connection with the contract shall, to the extent
possible, be settled amicably between the Party of the First Part & Party of the Second Part.
b) In the event of any dispute or difference whatsoever arising under this Agreement or in connection
therewith including any question relating to existence, meaning and interpretation of the terms of
the Agreement or any alleged breach thereof, the same shall be referred to the Secretary, CEO
of Damodar Valley Corporation, Kolkata-54 or to a person nominated by him for arbitration. The
Arbitration shall be conducted in accordance with the provisions of Arbitration and Conciliation
Act, 1996 or any other latest enactment and the decision/judgment of Arbitrator/Arbitrators shall be
final and binding on both the parties. The venue of the arbitration shall be at Kolkata.
However, in case the Party of the Second Part is a Central Public Sector Enterprise/ Govt.
Department, the dispute arising between the Party of the First Part & Party of the Second part
shall be settled through Permanent Arbitration Machinery (PAM) of the Department of Public
Enterprise, Govt. of India as per prevailing rules.
c) All suits arising out of NIT, subsequent work order and agreement, if any, are subject to
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jurisdiction of Court in the City of Kolkata only and no other Court, when resolution/ settlement
through mutual discussion and arbitration fails.
18. AMENDMENTS OF THE AGREEMENT
No amendment or modification of this Agreement shall be valid unless the same is made in
writing by both parties or their authorized representative and specifically stating the same to be an
amendment of this Agreement. The modifications / changes shall be effective from the date on which
they are made/ executed, unless otherwise agreed to.
19. MISCELLANEOUS
a) The Party of the Second Part as and when required shall deploy as many in number -expert personnel
and/or skilled/semi-skilled/unskilled workmen with adequate qualification and experience having
appropriate level of acumen to carry out the job with entire satisfaction of the Party of the First Part.
b) No child labour shall be engaged by the contractor as per statutory rules of the Govt. of India.
c) The Party of the Second Part as and when employed their employees engaged in the job shall follow
all safety rules at the time of execution of work. It shall be the responsibility of the contractor
to supply all safety equipment necessary to their O&M personnel without any extra cost to DVC.
All statutory rules & regulations shall have to be followed by the contractor during
employment/retrenchment of his workers/employees.
d) As the plant site is a protected area, necessary gate passes with photograph of every worker/employee
of the Party of the Second Part shall be arranged by the Party of the Second Part with proper
intimation to the Party of the First Part. The expenditure of issuing the gate passes to the workmen
shall be borne by the Party of the Second Part. The gate passes shall be duly signed by the Party of
the Second Part with official seal in addition to the signature of the holder (employee of the
Party of the Second Part) and the authorised officer of the Party of the First Part.
e) In case of sub-letting the contract, the sub-contractor shall be engaged with prior approval of the
Party of the First Part and at full risk of the Party of the Second Part.
f) The Party of the Second Part shall not pay less than the prescribed minimum wages to the workmen
engaged by him under the Minimum Wages Act, 1948 and the Govt. Rules made there under and
subject to revision from time to time. The monthly payment is to be made on the 7th day of the
successive month. The Party of the Second Part shall intimate the disbursement of payment to the
authorized representative of Personnel Dept. of the Party of the First Part on 7th -10th day of the
successive month.
g) Legal suits arising out of the Agreement, if any, are subject to the jurisdiction in the Court of the
city of Kolkata and no other Court elsewhere.
h) The workers/employees engaged by the Party of the Second Part should not be under the influence or
addiction of drug/liquor while on duty. It should be obligatory on the part of the Party of the
Second Part to remove any such person from the job whose action or conduct in the opinion of
management of the Party of the First Part is detrimental to its interest.
i) If the Party of the Second Part desires to execute a part of scope of maintenance contract which are
very specialized in nature by engaging a specialized competent group they will have to obtain
approval from the Party of the First Part, furnishing all credentials and requirement of the manpower
strength before their engagement. However, the Party of the First Part reserves the right to
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discontinue the same at its discretion.
j) The Party of the Second Part shall fully cooperate with other contractors employed by the Party of
the First Part for associated plant and subsidiary as well as other similar activities and shall carry
out all reasonable directions of the designated Chief Engineer (O&M) of the Party of the
First Part or his authorized representative as the case may be.
k) For contracts above value…………… , both the parties have to sign an Integrity Pact.
20. CHANGE OF ADDRESS
Each Party shall give notice to the other of any change or acquisition of any address or telephone
number or FAX or similar number at the earliest possible opportunity but in any event within 48 hours
of such change or acquisition.
IN WITNESS WHEREOF the parties hereto put their signatures on the date as written above.
Party of the first Part Party of the Second Part
In the presence of: In the presence of:
1. 1.
2. 2.
SCHEDULE - (I)
Premises at which the Services are to be required.
SCHEDULE - (II)
List of services to be provided at all the premises listed in Schedule I.
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ANNEXURE – W
List of Commercial Banks as per RBI (Source RBI Website dt. 08-06-2012)
1 Abu Dhabi Commercial Bank Ltd.

2 American Express Bank Ltd.
3 Arab Bangladesh Bank Limited
4 Allahabad Bank
5 Andhra Bank
6 Antwerp Diamond Bank N.V.
7 Axis Bank Ltd.
8 Bank International Indonesia
9 Bank of America N.A.
10 Bank of Bahrain & Kuwait BSC
11 Barclays Bank Plc
12 BNP PARIBAS
13 Bank of Ceylon
14 Bharat Overseas Bank Ltd.
15 Bank of Baroda
16 Bank of India
17 Bank of Maharashtra
18 Canara Bank
19 Central Bank of India
20 Calyon Bank
21 Citibank N.A.
22 Cho Hung Bank
23 Chinatrust Commercial Bank Ltd.
24 Centurion Bank of Punjab Limited
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25 City Union Bank Ltd.

26 Coastal Local Area Bank Ltd.
27 Corporation Bank
28 Catholic Syrian Bank Ltd.
29 Deutsche Bank AG
30 Development Credit Bank Ltd.
31 Dena Bank
32 IndusInd Bank Limited
33 ICICI Bank
34 IDBI Bank Limited
35 Indian Bank
36 Indian Overseas Bank
37 Industrial Development Bank of India
38 ING Vysya Bank
39 J P Morgan Chase Bank, National Association
40 Krung Thai Bank Public Company Limited
41 Kotak Mahindra Bank Limited
42 Karnataka Bank
43 Karur Vysya Bank Limited.
44 Lord Krishna Bank Ltd.
45 Mashreqbank psc
46 Mizuho Corporate Bank Ltd.
47 Oman International Bank S A O G
48 Oriental Bank of Commerce
49 Punjab & Sind Bank
50 Punjab National Bank
51 Societe Generale
52 Sonali Bank
53 Standard Chartered Bank
54 State Bank of Mauritius Ltd.
55 SBI Commercial and International Bank Ltd.
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56 State Bank of Bikaner and Jaipur

57 State Bank of Hyderabad
58 State Bank of India
59 State Bank of Indore
60 State Bank of Mysore
61 State Bank of Patiala
62 State Bank of Saurashtra
63 State Bank of Travancore
64 Syndicate Bank
65 The Bank of Nova Scotia
66 The Bank of Tokyo-Mitsubishi, Ltd.
67 The Development Bank of Singapore Ltd. (DBS Bank Ltd.)
68 The Hongkong & Shanghai Banking Corporation Ltd.
69 Tamilnad Mercantile Bank Ltd.
70 The Bank of Rajasthan Limited
71 The Dhanalakshmi Bank Limited.
72 The Federal Bank Ltd.
73 The HDFC Bank Ltd.
74 The Jammu & Kashmir Bank Ltd.
75 The Nainital Bank Ltd.
76 The Sangli Bank Ltd.
77 The South Indian Bank Ltd.
78 The Ratnakar Bank Ltd.
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79 The Royal Bank of Scotland N.V.

80 The Lakshmi Vilas Bank Ltd
81 UCO Bank
82 Union Bank of India
83 United Bank Of India
84 Vijaya Bank
85 Yes Bank
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ANNEXURE-X
PROFORMA OF BANK GUARANTEE FOR ADDITIONAL CONTRACT PERFORMANCE
GUARANTEE
Ref…………………… Bank Guarantee No……………………… Date………………….

PROFORMA OF B.G. FOR ADDITIONAL CONTRACT PERFORMANCE GUARANTEE
(1)KNOW ALL MEN BY THESE PRESENTS that in consideration of Damodar Valley Corporation, a
Corporation constituted and established under the Damodar Valley Corporation Act being Act No.
XIV of 1948 and having its Headquarters at D.V.C. Towers, V I P Road, Kolkata-700054 (hereinafter
called “The Corporation”) having agreed to accept from
(hereinafter called “The Contractor”), a Bank Guarantee for
Rs. in lieu of additional contract performance guarantee for the due
fulfilment by the Contractor of JV of the *Purchase Order/Letter of Intent/Letter of Acceptance/
work order No. issued by the Corporation for
(Name & Description of the work/material)
(hereinafter called “the said *Purchase Order/Letter of Intent/Letter of
Acceptance/ work order”) we (hereinafter called “the
Guarantor”) do hereby undertake to indemnify and keep indemnified the Corporation to the extent
of Rs. (Rupees
) only against any loss or damage caused to or suffered by the Corporation by reason of any
breach by any of the JV Contractor of any of the terms and conditions contained in the said * Purchase
Order/Letter of Intent/Letter of Acceptance/ work order of which breach the opinion of the Corporation
shall be final and conclusive.
(2)AND WE, DO HEREBY Guarantee and undertake to pay forthwith on demand to the
Corporation such sum not exceeding the said sum of (Rupees ) only as may be specified in
such demand, in the event of the Contractor failing or neglecting to execute fully efficiently and
satisfactorily the order for placed with it (the work tendered for by it) within the period
stipulated in the said *Purchase Order/Letter of Intent/Letter of Acceptance/work order in accordance
with terms and conditions contained or referred to in the said *Purchase Order/Letter of Intent/Letter of
Acceptance/work order in the event of the JV Contractors refusing or neglecting to maintain
satisfactory operation of the equipment or work or to make good any defect therein or otherwise to
comply with and conform to the design, specification, terms and conditions contained or referred to
in the said *Purchase Order/Letter of Intent/Letter of Acceptance/ work order.
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(3)WE further agree that the guarantee herein contained shall remain in full force and effect during
the period that would be taken for the performance of the said order as laid down in the said *Purchase
Order/Letter of Intent/Letter of Acceptance/work order including the warranty obligations and that it
shall continue to be enforceable till all the dues of the Corporation under or by virtue of the said *
Purchase Order/Letter of Intent/Letter of Acceptance/work order have been fully paid and its claims
satisfied or discharged or till the Corporation or its authorized representative certified that the terms
and conditions of the said * Purchase Order/Letter of Intent/Letter of Acceptance/ work order have
been fully and properly carried out by the said contractor and accordingly discharged the Guarantee.
(4)WE , the Guarantor undertake to extend the validity of Bank Guarantee at the request of the
Contractor for further period or periods from time to time beyond its present validity period failing
which we shall pay the Corporation the amount of Guarantee.
(5)The liability under this guarantee is restricted to Rs.__________Rupees
only and will expire on and unless a claim in writing is presented to us or an action or suit
to enforce the claim is filed against us within 6 months from all your rights will be forfeited and we
shall be relieved of and discharged from all our liabilities (thereinafter).
(6)The Guarantee herein contained shall not be determined or effected by liquidation or winding up or
insolvency or closure of the Contractor.
(7)The executants has the power to issue this guarantee on behalf of the Guarantor and holds full and valid
power of Attorney granted in his favour by the Guarantor authorizing him to execute the Guarantee.
(8)Notwithstanding anything contained herein above, our liability under this guarantee is restricted to Rs.
(Rupees only and our guarantee
shall remain in force upto
an unless a demand or claim under the
guarantee is made on us in writing on or before all your rights under the guarantee shall be
forfeited and we shall be relieved and discharged from all liabilities there under.
WE, Bank lastly undertake not to revoke this guarantee during the currency except with the
previous consent of the Corporation in writing. In witness whereof we have set and subscribed
our hand on this day of .
WITNESS :
(Stamp of the executants)
1)
2)
(Name & address in full with Rubber Stamp)
*Mention the relevant along with reference number.
Delete the terms which are not applicable. Each page of B.G. to be signed by the executant with
common Bank stamp and date.
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ANNEXURE-Y
PROFORMA OF INTEGRITY PACT
On this day of 2012 at Kolkata, in the presence of the following two witnesses, this Integrity
Pact is being executed between:
Damodar Valley Corporation, hereinafter referred to as “The Principal”
AND
hereinafter referred to as “The Bidder/Contractor” (which expression shall include all its
partners/directors, agents, legal or other representatives, servants, subcontractors (wherever permitted or
permissible) and successor in interest and all persons claiming through it).
Whereas it has been directed by the Damodar Valley Corporation, Principal and the Central
Vigilance Commission, New Delhi that all undertakings and/or other concerns of the Principal shall
execute an Integrity Pact with contracting parties/bidders in all forthcoming contracts/tender processes
above the prescribed value of Rs. 15 Crore, it is necessary to execute an Integrity Pact between such
parties. Pursuant thereto, the present Integrity Pact is being executed.
Whereas the DVC intends to award, under laid down organisation procedures, contract(s) for
………………………………………………………………………….. DVC values full compliance with
all relevant laws and regulations, and the principles of economic use of resources, and of fairness and
transparency in its relations with its bidder(s) and contractor(s).
Whereas in order to achieve these goals, the DVC cooperates with the renowned international Non
Governmental Organisation “Transparency International” (TII). Following TII’s national and
international experience, the DVC will appoint External Independent Monitor(s) who will monitor the
tendering process and the execution of the contract for compliance with the principles mentioned above.
The terms and conditions of the Integrity Pact are as under:-
SECTION-I
COMMITMENTS OF DVC
DVC commits itself to take all measures necessary to prevent corruption and unethical practices and
bring transparency in all processes through the following commitments:
1. No employee and/or Official of DVC shall, whether personally or through their family members
and/or their agents or legal representatives, and in connection with the tender or in execution of
the contract, demand any gratification and/or enter into any agreement, promise or any other
arrangement for deriving any benefits, whether monetary or otherwise which he is not legally
entitled to.
2. DVC shall, during the tender process treat all bidders/contractors at par and provide them with equal
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opportunities in all matters.

3. DVC shall, before and during the tender process, provide all bidder(s)/contractor(s) with the same
information and shall not provide to any bidder(s)/contractor(s) any confidential and/or additional
information through which such bidder(s)/contractor(s) could obtain an advantage in the tender
process or at the time of execution of the contract.
4. DVC shall exclude any employee(s) and/or official(s) who is found prejudiced and/or in conflict
with the interests of the company in his dealings with any bidder(s) and/or contractor(s).
5. DVC shall take disciplinary action as per its prescribed Rules, and also under the relevant provisions
of the Indian Penal Code/the Prevention of Corruption act and other anti-corruption laws in India,
against any of its officials and/or employees found guilty of breach of commitment. DVC shall also
inform the Chief Vigilance Officer and in addition can initiate disciplinary action against the
offender/suspected offender.
SECTION-II
COMMITMENTS OF THE BIDDER/CONTRACTOR
The bidder/contractor commits himself to take all necessary measures to prevent any form of
during the tender process and also during the execution of the contract including the following:
1. The Bidder/Contractor shall not, directly or through any other person of firm, offer, promise and/or
give to any of DVC’s employees involved in the tender process and/or in the execution of the
contract, or to any third person any benefit, whether monetary or otherwise, which he/she is not
legally entitled to receive, in order to obtain in exchange any advantage of any kind whatsoever
during the tendering process or during the execution of the contract.
Also, the Bidder/Contractor shall not enter into any agreement and/or arrangement with any
employee and/or official of DVC for any of the aforesaid purposes.
2. The Bidder/Contractor shall not enter into any undisclosed agreement, undertaking and/or
arrangement with any other bidder(s)/contractor(s), whether formally or informally, in respect of
matter pertaining to prices, specifications, certifications, subsidiary contracts, submission or non-
submission of bids or any other actions to restrict competitiveness or to introduce cartelization in
the bidding process.
3. The Bidder/Contractor .shall not commit any offence punishable under the Indian Penal
code/Prevention of Corruption Act or any other relevant Anti-corruption laws in force in India.
3. Further the Bidder/Contractor shall not use improperly or pass on to others, any information or
document provided by DVC as part of their, business relationship, regarding any plans, technical
proposals and business details, including information contained and/or transmitted electronically,
for purposes of competition or personal gain.
5. The Bidder/Contractor shall, while presenting his bid disclose any and all payment made by him,
or to which proposes or intends to make to his agents, brokers or any other intermediaries in
connection with the award of the contract. He shall also disclose any agreement and/or arrangements
entered into by him for the aforesaid purposes.
6. If the Bidder/Contractor is of foreign origin, he shall disclose the name and address of his
Agents/Representatives in India. If the Bidder/Contractor is of Indian Nationality, he will furnish
the name and address of his foreign principals, if any. The Bidder/Contractor shall comply with
the disclosure requirements specified in the General Guidelines on the Indian Agents of Foreign
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Suppliers.
7. Payment made by the Bidder/Contractor to any Indian agents/representatives shall be in Indian
Rupees only.
8. If payments are made by the Bidder/Contractor to any foreign agent/supplier in any foreign country
out of ECB or FCCB proceeds, they are to be disclosed by him.
9. The Bidder/Contractor shall not instigate any third persons(s) to commit any offences in relation to
any of the matters mentioned above or be an accessory to any such offence.
10. Company code of Conduct – The Bidder/Contractor is advised to have a company code of conduct
which clearly rejects the use of bribes and other unethical means whether monetary or otherwise,
and adopts a compliance programme for implementation of the code of conduct throughout the
company.
11. The Bidder/Contractor shall immediately inform DVC if at any point of time such bidder/contractor
is asked to pay any illegal gratification or bribe in violation of this Integrity Pact by any person
employed by DVC or such illegal offer comes to the knowledge of the Bidder/Contractor.
12. The Bidder/Contractor shall not do any act, by way of commission or omission, which may defeat
the spirit behind the present Integrity Pact.
SECTION-III
DISQUALIFICATTION FROM TENDER PROCESA AND EXCLUSION FROM FUTURE

CONTRACTS
1. A ‘transgression’ is said to have occurred if DVC after due consideration of the available
evidence, concludes that no reasonable doubt is possible.
2. If the Bidder/Contractor, before the award or during the execution of contract has committed a
transgression through a violation of section-II above, or in any other form such as to put his
reliability or credibility as bidder/contractor into question, DVC shall be entitled to disqualify
such bidder/contractor from the tender process or to terminate the contract, if already signed, for
such reason.
3. If the Bidder/Contractor transgresses or violates any of the provisions of section 2 mentioned above,
which has the effect of putting his reliability and/or credibility in question, then DVC shall be
entitled to exclude the bidder/contractor from future contract award processes.
a. The imposition and duration of the exclusion shall be determined by the severity of the
transgression.
b. The severity shall be determined by the circumstances of the case, in particular the number
of transgressions, the position of the transgressor within the company, hierarchy of the
bidder/contractor and the amount of the damage.
c. The exclusion will be imposed for a minimum of ...….. months and maximum of ………
years.
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4. The Bidder/Contractor accepts and undertakes to respect and uphold DVC’s absolute right to resort
to and impose such exclusion and further accepts and undertakes not to challenge or question such
exclusion on any ground including the absence of an opportunity of being heard before the decision
to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent
legal advice.
SECTION-IV
COMPENSATION FOR DAMAGES
1. If DVC disqualifies the Bidder/Contactor from the tendering process prior to award of contract in
accordance with section 3 mentioned above, DVC shall be entitled to demand and/or recover from
the Bidder/Contractor, liquidated damages equivalent to the amount or Earnest Money Deposit/Bid
Security.
2. If DVC terminates the contract, or becomes entitled to terminate the same in accordance with section-
III, then DVC shall be entitled to demand and recover from the Contractor liquidated damages
equivalent to the security deposit/performance Bank Guarantee, and if the amount of damage
exceeds the amount of Security Deposit and Performance Bank Guarantee, then DVC shall be
entitled to recover the balance amount of damage from the Bidder/Contractor either in cash or
from the amount payable and due from such Bidder/Contractor in other contracts being executed by
him with DVC.
SECTION-V
PREVIOUS TRANSGRESSION
1. The Bidder/Contractor declares that no previous transgression occurred in the last three years with
any other company in any country conforming with the TI approach or with any other Public Sector
Enterprise in India that could justify his exclusion from the tender process.
2. If the Bidder/Contractor makes any incorrect statement on the subject mentioned in the subsection (1)
above, then he shall be liable for disqualification from the tendering process or the contract, if already
awarded, can be terminated for such reason and compensation for damages caused shall be paid by the
contractor/bidder as per section 4 above.
SECTION-VI
INDEPENDENT MONITORS
1. DVC or any other person authorized by DVC may/shall appoint Independent External Monitor(s) for
the “pact”, who should be suitably qualified and experienced and of impeccable integrity.
2. The decision taken by DVC or any person authorised by DVC in the matter of appointment of the
Independent External Monitor as above shall be, final and conclusive and shall be agreeable to
both parties. Such a decision shall not be amenable to any challenge on any ground whatsoever.
3. The Independent External Monitor(s) (IEM) appointed as above shall oversee the implementation of
the Integrity Pact independently and objectively maintaining absolute neutrality.
4. The IEM(s) shall not have any administrative or enforcing powers. He shall only be entitled to
submit his non-binding suggestions and/or recommendations to the management of DVC to
discontinue, or to take corrective action, or to take any other relevant action, whenever any
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violation of and/or deviation from any of the conditions of the Integrity Pact is observed/noted by
him.
5. The Bidder/Contractor accepts that the IEM(s) shall have the right to access without restriction all
project documentation of DVC as well as of the Contractor/Bidder. The Bidder/Contractor will also
grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and
unconditional access to the project documentation. The Monitor is to be under a contractual
obligation to treat the information and documents of the Bidder/Contractor with confidentiality.
6. If the Monitor reports to DVC a substantiated suspicion of an offence under relevant IPC/PC Act
and anti-corruption laws of India and DVC does not, within a reasonable time takes visible action to
proceed against such offence or reported it to Chief Vigilance Officer, the IEM may also transmit
this information directly to the Central Vigilance Commissioner, Government of India.
7. DVC shall provide to the IEM(s) sufficient Information about all the meetings among the
parties related to the project provided such meeting would have an impact on the contractual relations
between DVC and the Contractor, to enable him to participate in those meetings.
SECTION VII
EQUAL TREATMENT OF ALL BIDDERS/CONTRACTORS/SUB-CONTRACTORS
1. The Bidder/Contractor undertakes to demand from all sub-contractors a commitment that they shall
conform to this Integrity pact, and they shall submit such undertaking to DVC before signing of
the contract.
2. DVC shall enter into agreements with identical conditions as this one with all bidders, contractors and
subcontractors.
3. DVC shall disqualify from the tender process all bidders/contractors who do not sign this pact or
violate its provisions.
SECTION-VIII
CRIMINAL CHARGES AGAINST VIOLATING BIDDERS/CONTRACTORS/SUB-

CONTRACTORS
If DVC obtains knowledge of conduct of a bidder/contractor, or subcontractor, or of an employee or a
representative or an associate of the bidder, contractor or subcontractor, which constitutes corruption, or
if DVC has substantive suspicion in this regard, DVC will inform the Chief Vigilance Officer about the
information.
SECTION- IX
OTHER PROVISIONS
1. This agreement is subject to Indian law. Place of performance and jurisdiction is the Registered
Office of DVC, i.e. Kolkata. The arbitration clause provided in the main tender document/contract
shall not be applicable for any issue/dispute arising under integrity pact.
2. Changes and supplements as well as termination notices need to be made in writing. Side agreements
have not been made.
3. If the contractor is a partnership or consortium, this agreement must be signed by all partners or
consortium members.
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4. Should one or several provisions of this agreement turn out to be invalid, the remainder of this
agreement remains valid. In this case, the parties will strive to come to an agreement to their
original intentions.
5. The Agreement shall come into force from the moment DVC and the Bidder/Contractor sign it and it
shall be in force for a period of 12 (twelve) months after the last payment is made, and for all other
bidders 6 (six) months after award of the contract. If any claim is lodged during this time the same
shall be binding and continued to be valid despite the lapse of the pact as specified above.
6. DVC shall periodically appraise the effectiveness of the Integrity Pact by conducting an overall
review with the concerned executives and the Bidder/Contractor.
(For & on behalf of DVC) (For & on behalf of Bidder/Contractor)

(Office Seal) (Office Seal)
Witness 1:
(Name & Address)
Witness 2:
(Name & Address)
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CLOSING OF CONTRACTS
1.0 PURPOSE
The objective of this Procedure is to prescribe uniform guidelines for closing of Contracts.
2.0 SCOPE
This Procedure covers closing of Contracts awarded by Project / Station /HQ for (1) Site Packages for
Project, as per approved Package List (2), Site Packages for R&M of the Station, as per approved Package
List and (3) Other Capital Works of Station, (4) Transmission Line projects
3.0 PROCESS
3.1 TIME OF CLOSING
3.1.1 The Contracts mentioned in para 2 above, placed by Project/Station/HQ shall require closing after
obligations of both parties, viz. DVC and Contractor (as given hereunder for specific category of
Contracts) are completed.
a) In case of Supply-cum-Erection/Services Contracts, the closing of the Contract shall be done
after the Warranty period/ Defect Liability Period is successfully completed.
b) For Civil Packages, the closing of the Contract shall be done after completion of the Defect
Liability Period.
3.2 RESPONSIBILITY
3.2.1 All Contracts pertaining to the Works for the Project/Power Station (Site Packages of the Project,
Site Packages for R&M, Other Capital Works Contracts etc.) placed by Project/Power Station, shall
be closed by Project/Station. All packages awarded by HQ should be closed by concerned HQ in
consultation with concern Project.
3.3 CERTIFICATES REQUIRED FOR CLOSING For Site Packages of Projects and R&M of
Station
The following thirteen (13) certificates, as per the proforma enclosed at Annexure-I (1 to 13),
shall be issued by the concerned Departments and submitted to the concerned Authority designated in
para 3.2.1 above, for closing of Contracts for Site Packages of Project/ R&M of Station / Capital
Works of the Project / Station:
Certificate No. Certificate Description Responsibility

CC-01 Certificate of Final Site (C&M)/ HQ (C&M/Project)
Amendment to the Contract
CC-02 Drawing Receipt Certificate Project/Concern Engineering Department (HQ)
(as applicable)
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CC-03 Q.A. Documents Receipt FQA/Project Construction

Certificate (as applicable)
CC-04 O&M Manuals Receipt Project O&M
Certificate (where applicable)
CC-05 Scope Completion Concerned Project

Certificate
CC-06 Liquidated Damages for Contract Handling Authority in consultation
Delay Certificate (where with user section/concern project or station.
applicable)
CC-07 Shortfall in equipment Corporate OSU/Site O&M

Performance
Certificate (where
applicable)
CC-08 Material Reconciliation user section/concern project or station
Certificate
CC-09 Payment Reconciliation Site Finance
Certificate:
CC-10 Certificate regarding Labour Contractor
Payments and Statutory
Requirements to be furnished
by Contractor
CC-11 “No Demand” Certificate by Contractor

Contractor
CC-12 Certificate for Completion of user section/concern project or station (O&M)
Warranty Period/ Defect
Liability Period
CC-13 Certificate of Return of Contract Handling Authority in consultation

BG's/Indemnity Bonds, etc. with user section/concern project or station.
4 APPROVAL FOR CLOSING OF CONTRACT

The concerned Department, who is responsible for closing of Contract, shall submit a Note for closing of
Contract along with the following documents to the Competent Authority (as mentioned below) for
approval:
a) Documents to be enclosed with the Note for closing of Contract
i) All Certificates mentioned at Para3.3 above.
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ii) List of Certificates (mentioned in para 3.3 above) not required and the reasons of non- applicability of
the particular Certificate duly approved by Competent Authority (refer para 4 b).
iii)Any other related Document
b) Competent Authority for Approval of Closing of Contract

The Competent Authority for closing of Contract shall be Award Approving Authority not higher than
Head of Project/Station.
5 MONITORING OF CONTRACT CLOSING

5.1To monitor and expedite Contract Closing activities and to facilitate timely intervention of
higher management for expediting Contract closing activities, the following procedure shall be
adopted.
5.2 Standing Contract Closing Group (CCG) shall be constituted at the Project/Station for following
up all the Contracts closing activities by the Project/Station. The CCG shall comprise of the
following members:
i) Representative of Site Erection/ Construction minimum SE Member

level
CONVENER
ii) Representative of Site Finance minimum M-5 level Member
iii) Representative of Site C&M minimum M-5 level Member
iv) Representative of O&M minimum M-5 level (where applicable) Member
(*The Nominations would be approved by Head, Project/Station)
The CCG shall work under the overall guidance of Head Project/Stations. This Committee should also
review the Contracts awarded by site Contracts / HQ but to be closed by Site.
.
5.3 Monthly Review by Head Of Project/Station
Head (Project/Station) shall review on monthly basis the Contract Closing of various Contracts by
Project/Station (and other Contracts awarded by Corporate Contracts but to be closed by
Project/Station). The review shall be organized by Convenor CCG.
5.4 Quarterly Review by Member ( Tech )
Member (Tech) shall review on Quarterly basis, the Contract Closing of various Contracts of
Projects / Stations. This review shall be organized by Head (CMG).
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5.5 Monthly Exception Report by CMG

Exception Reports on Contract Closing for the Company as a whole, identifying the delays and reasons
thereof shall be put up by Head (CMG) to CMD on monthly basis through Member Tech with a
copy to all Heads of Projects.
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ANNEXURE I.1
CERTIFICATE OF FINAL AMENDMENT TO THE CONTRACT [TO BE ISSUED BY

PROJECT CONTRACTS/ STATION (C&M)]
CERTIFICATE NO. CC – 01
NAME OF PACKAGE :
LETTER OF AWARD/CONTRACT NO.: DATED :
NAME OF CONTRACTOR: PROJECT:
This is to certify that amendments have been issued to the aforesaid Contract as per the details
mentioned below:
Sl. No. Amendment No. Date
1.
2.
3.
4.
5.
This is to certify further that Amendment No. dated is the last

Amendment issued.
Date :
Signature………………. Place: Name…………………..

Designation…………….
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ANNEXURE – I.2
DRAWING RECEIPT CERTIFICATE [TO BE ISSUED BY PROJECT ]
CERTIFICATE NO. CC - 02
NAME OF PACKAGE :
NAME OF CONTRACTOR: PROJECT :
This is to certify that we have received all the drawings which were to be submitted by the Contractor,
in requisite number along with the reproducible (or electronic form – as applicable), as detailed in
Annexure enclosed herewith, as per provisions stipulated in the above mentioned LOA/ Contract.
Encl: Annexure-I – List of Drawings
Date :
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ANNEXURE – I.3
QA DOCUMENTS RECEIPT CERTIFICATE [TO BE ISSUED BY FQA]
NAME OF PACKAGE :
This is to certify that the QA Documents as per the list enclosed (Annexure-I), in respect of the
above mentioned LOA/ Contract has been received in line with the provisions of the Contract.
Encl: Annexure-I – List of QA Documents
Date :
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ANNEXURE – I.4
O&M MANUAL RECEIPT CERTIFICATE (where applicable)

[TO BE ISSUED BY O&M]
NAME OF PACKAGE:
LETTER OF AWARD/ CONTRACT NO.: DATED:
This is to certify that we have received from the Contractor all the necessary O&M Manuals in requisite
number, including the list of spare parts alongwith the names of vendors, in respect of the above
LOA/Contract. The consolidated list of such Manuals received is enclosed at Annexure-I alongwith the
distribution as marked in the list.
Encl: List Annexure-I – O&M Manuals
Date :
W&P Manual – 2016

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ANNEXURE – I.5
SCOPE COMPLETION CERTIFICATE

(TO BE ISSUED BY SITE ERECTION/CONSTRUCTION)
CERTIFICATE NO. CC – 05
NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO. : DATED :
NAME OF CONTRACTOR:
PROJECT :
1. This is to certify that the scope of the above Contract has been completed in line with the
Contract read in conjunction with the following documents:
1. All Amendments including Final Amendment No. (As per CCP-01)
2. Approved Bill of Materials
3. Material Dispatch Clearance Certificate(s) (MDCCs)
4. Measurement Book
5. Any other documents (specify)
2. It is further certified that the following have been supplied, as per the details given in the
Contract Documents and the same have been taken over by DVC.
1. Mandatory Spares
2. Recommended Spares
3. Special Tools & Tackles
Date :
W&P Manual – 2016

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Page 263
ANNEXURE – I.6
LIQUIDATED DAMAGES FOR DELAY CERTIFICATE (TO BE ISSUED BY SITE

(ERECTION / CONSTRUCTION)
NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.: DATED :
This is to certify that the issue regarding liquidated damages for delay as per the provisions of
clause of the above Contract/ LOA has been resolved with the approval of the Competent authority
vide reference (copy enclosed).
Encl: Copy of Approval
Date :
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Page 264
ANNEXURE – I.7
SHORTFALL IN EQUIPMENT PERFORMANCE CERTIFICATE (where applicable) [TO BE

ISSUED BY OPERATION SERVICES (OS) FOR SITE PERFORMANCE TEST
AND
CORPORATE OR FQA – AS APPLICABLE) FOR SHOP TESTS] CERTIFICATE NO. CC - 07
NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.: DATED:
This is to certify that the following shortfall in equipment performance as compared to the guaranteed
parameters have been assessed and agreed to with the Contractor in respect of the
above mentioned LOA/ Contract.
Sl. No Guaranteed Guaranteed valueAssessed Value Shortfall, if any. Liquidated damages

Parameter
1 2 3 4 5 6
Further, it is also confirmed that liquidated damages for shortfall in equipment performance in respect of
above Items, have been recovered fully from the Contractor and no other dues are outstanding for
shortfall in equipment performance.
Date :
TO BE COUNTER SIGNED BY SITE ACCOUNTS
Date :
Note: Any special Documents to be enclosed.
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Page 265
ANNEXURE – I.8
MATERIAL RECONCILATION CERTIFICATE

[TO BE ISSUED BY SITE ERECTION / CONSTRUCTION AND COUNTERSIGNED BY SITE
(C&M)]
NAME OF PACKAGE:
LETTER OF AWARD /CONTRACT NO.: DATED:
This is to certify that the materials issued to the Contractor in respect of the above mentioned
LOA/Contract have been reconciled with the stipulations under the Contract Documents and no other
recovery of material is pending with the Contractor.
Date :
TO BE COUNTER SIGNED BY MATERIALS MANAGEMENT
Date :
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Page 266
ANNEXURE – I.9
PAYMENT RECONCILIATICN CERTIFICATE

(TO BE ISSUED BY SITE FINANCE IN CASE OF INDIAN CONTRACTORS)
NAME OF PACKAGE :
This is to certify that all the payments released to the Contractor in respect of the abovementioned
LOA/Contract have been reconciled with the provisions of the Contract Documents and statement of
Accounts and or other Certificates of Contractor. It is observed that there are no recoveries pending
under any of the items noticed and listed below:
List of Items:
1. ……………
2. …………….
3. …………….
4. …………….
Date :
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Page 267
ANNEXURE – I.9
Enclosure to CC-09
The list of recoveries and claims as advised by Site Erection should include all recoveries and claims
on any account whatsoever, including the following:
1. Liquidated damages for delay.
2. Liquidated damages for shortfall in Performance as observed during shop-testing (by inspection
deptt.)
3. Liquidated damages for shortfall in performance as observed during performance guarantee tests
conducted at site and other site tests.
4. All recoveries /claims on account of variations/deviations to scope of contract permitted or
otherwise taken place during execution of the contract as listed as certificate No. CC-05 for
contract closing (Certificate by site Erection for contract closing).
5. Recoveries on account of reconciliation of payments made under the contract.
6. All the claims against the contractor regarding clearance of materials from site and vacation of
the premises allotted for site office, stores.
7. All claims in respect of Training/Transportation/Accommodation/Services provided by site in
respect of above LOA/Contract.
8. Recoveries on account of settlement of insurance claims
9. Recoveries on account of reconciliation of materials issued to the Contractor.
10. All recoveries on account of demurrage, transportation, insurance premiums etc. and other
recoveries as informed by T&CC group on account of port clearance, transportation etc.
11. All recoveries on account of wastage and scrap.
12. All recoveries/claims (if any) on account of maintenance of equipments.
13. All recoveries/claims (if any) on account of price variation.
14. All recoveries/claims (if any) on account of statutory dues paid on behalf of the Contractor by
DVC.
15. Royalty charges.
16. All recoveries/ claims (if any) on account of hiring out of DVC’s plant and equipment.
17. All recoveries/claims (if any) on account of water and electricity charges (if applicable)
18. Any other recoveries/claims against specific instructions.
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Page 268
ANNEXURE-1.10
CERTIFICATE REGARDING LABOUR PAYMENTS AND STATUTORY REQUIREMENTS

TO BE FURNISHED BY CONTRACTOR.
(TO BE ISSUED BY THE CONTRACTOR)
NAME OF PACKAGE :
This is to certify that we have made all labour payments including PF Liabilities in respect of the
above mentioned LOA/ Contract and no other payments in this regard is pending from us.
Further, we confirm that all Statutory requirements have been complied with by us and in case any
default is reported against us, we shall be solely responsible for the same.
Date :
Note: Where required, the proof of payment by Contractor may be obtained.
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Page 269
ANNEXURE-1.11
NO DEMAND CERTIFICATE BY CONTRACTOR (TO BE ISSUED BY THE CONTRACTOR)
CERTIFICATE NO CC--11
NAME OF PACKAGE :
We, M/s.............................................................................. (Contractor) do hereby acknowledge and
confirm that we have received the full and final payment due and payable to us from DVC in respect of
our aforesaid LOA/Contract No...................................... dated.................................including
amendments, if any, issued by DVC to our entire satisfaction and we further confirm that we have no
claim whatsoever pending with DVC , under the said Contract
Notwithstanding any protest recorded by us in any correspondence, document, measurement books,
and/or final bills etc., we waive all our right to lodge any claim or protest in future under this contract.
We are issuing this “NO DEMAND CERTIFICATE” in favour of DVC with full acknowledge and
with our free consent without any undue influence, misrepresentation, coercion etc.
----------------------------------------- Signature
------------------------------------------ NAME
------------------------------------ DESIGNATION
----------------------------------------- COMPANY SEAL

(This Certificate shall be accompanied by the Power of Attorney of the Signatory)
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JULY 2016
Page 270
ANNEXURE-I.12
CERTIFICATE FOR COMPLETION OF WARRANTY PERIOD

(TO BE ISSUED BY SITE ERECTION / CONSTRUCTION / O&M DEPTT. (for R&M & O&M
Contracts)
NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.: DATED :NAME OF CONTRACTOR: PROJECT :
This is to certify that the Warranty period for the above mentioned LOA/Contract has been
completed in line with the provisions of the Contract.
Date :
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Page 271
ANNEXURE – I.13
CERTIFICATE FOR RETURN OF BGs/ INDEMNITY BONDS ETC. (TO BE ISSUED BY

SITE FINANCE)
NAME OF PACKAGE :
This is to certify that all the *Bank Guarantee/Indemnity bonds / Insurance policies / Collaborator's or
Associate's Guarantee, received for the abovementioned LOA/Contract, have been returned in
original to the Contractor.
Date :
*Delete whichever is not applicable.
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JULY 2016
Page 272
ANNEXURE – 1.1
Letter of Bid
To
The
Sub:’
Ref: 1. NIT No: ‘………………………………………………………………………………...’
2. Tender Id No: ‘……………………..…………..’
Dear Sirs,
We offer to supply the materials as per our offered bill of quantity in accordance with the conditions
of the NIT document as available in the website. The details of the application fee/cost of Tender
document and EMD being submitted by us has been furnished on-line.
I/We are a Micro/ Small Enterprise covered under the provision of Micro Small and Medium
Enterprises Act’2006 and registered with the authority of the State Government.
OR
I/We are not covered under the provision of Micro Small and Medium Enterprise Act, 2006
This Bid and our written acceptance of it shall constitute a binding contract between us. We
understand that you are not bound to accept the lowest or any bid you receive.
We hereby confirm our acceptance of all the terms and conditions of the NIT document
unconditionally.
Yours faithfully,
(Signature of Bidder OR Authorized

person of bidder OR DSC Holder bidding
online with authorization from bidder)
1. Name of Authorized Signatory
2. Type of Authorization
3. Name of the Bidder
4. Address
5. E-Mail Address
6. Mobile Number
7. FAX Number
8. Telephone Number
9. Place
10. Date
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JULY 2016
Page 273
ANNEXURE- 1.2
Proforma for affidavit to be submitted by the bidder
(for genuineness of the information furnished on-line and authenticity of the documents
produced before Tender Committee for verification in support of his eligibility)
Non Judicial Stamp Paper (minimum value of Rs.10).
AFF ID AV IT
I/We, ----------------------------------------------------, authorized representative of M/s. ………………………..

……………………………………..………………………………………………….. solemnly declare
that :
1. I/We am/are submitting Tender for supply of ---------------------------------------------

--------------------------------------------------------------------------------------------------- against NIT No.---------
------------- dated ------------, vide Bid ID -----------------------
2. All information furnished by me/us on-line in respect of fulfillment of eligibility criteria and
qualification information of this Tender is complete, correct and true.
3. I/We have never been banned or delisted by any Govt. or Quasi Govt. Agency or any Public
Sector Undertaking.
OR
I/We have been banned by the organization named “---------------------------------------“for a period

of ------------------- year/s, effective from ------------------- to ----------------
4. All scanned copy of documents, wherever applicable, uploaded by me / us in support of the

information furnished online by me / us towards eligibility are valid and authentic.
5. I/We are a Micro/ Small Enterprise covered under the provision of Micro Small and Medium
Enterprises Act’2006 and registered with the authority of the State Government.
OR
I/We are not covered under the provision of Micro Small and Medium Enterprise Act, 2006
W&P Manual – 2016

JULY 2016
Page 274
6. If any information furnished by me / us online and scanned copy of documents uploaded in

support of the information by me / us towards eligibility is found to be false / incorrect at any
time, DVC may cancel my Tender and penal action as deemed fit may be taken against me /
us , including termination of the contract , forfeiture of Earnest Money and banning / delisting of
our firm and all partners of the firm for a minimum period of 01 (one) year .
Signature of the Tenderer
Dated:
Signature and Seal of Notary
W&P Manual – 2016

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Page 275
ANNEXURE-1.3
TECHNICAL PARAMETER SHEET
W&P Manual – 2016

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Page 276
ANNEXURE-1.4
W&P Manual – 2016

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Page 277
ANNEXURE-1.5
W&P Manual – 2016

JULY 2016
Page 278
ANNEXURE-1.6
POWER OF ATTORNEY
(IN CASE OF JOINT VENTURE/ASSOCIATES)
Know all men by these presents that we…………………………………………………., all carrying on business at present
in Joint Venture under the name and style of having its office at…………………………....……………………., do hereby
nominate, constitute and appoint Shri…………………………………….S/0…………………………………….by
Caste………………………………… by Occupation…………………………………at present residing at……………………………..as
the Constituted Attorney for and on behalf of our said Jo9nt Venture firm to do inter alia the following acts,
deeds and things:-
Whereas, the members of the Joint Venture…………………………..(herein after name of JV) having its office
at………………………………………….are interested in bidding for the Project and implementing the Project in
accordance with the terms and conditions of the Bid Document and other connected documents in respect of
_________________the Project, and
Whereas, it is necessary for the members of the Joint Venture to designate someone with all necessary power
and authority to do for and on behalf of the Joint Venture all acts, deeds and things as may be necessary in
connection with the Joint Venture’s bid for the Project or in the alternative to appoint someone, who would
have all necessary power and authority to do all acts, deeds and things on behalf of the Joint Venture, as may
be necessary in connection with Joint Venture’s Bid for the Project.
Whereas DVC________________________ has invited Bid for the Work “EVACUATION AND NUISANCE FREE
TRANSPORTATION OF ASH FROM ASH POND OF ______________________ AND DISPOSAL OF THE SAME IN
ABANDONED OPEN CASE MINES OF ECL” against Tender Notice No. _____________________________
1) To do on behalf of the Joint Venture, all or any of the acts, deeds or things necessary or incidental to the
Joint Venture’s Bid for the Projects, including signing and submission of Bid participating in conferences,
responding to queries, submission of information/documents and generally to represent the Joint
Venture in all its dealing with DVC, ________________________, any other Government Agency or any
person, in connection with the Project until completion of the process of bidding and thereafter till the
agreement is entered into with DVC, ___________________
And we the undersigned do hereby and at all times hereinafter shall ratify and confirm all and whatsoever
other act or acts our said Attorney shall lawfully and bonafide do or acts to be done by virtue of these
presents.
In witness where of we have here unto set and subscribe our respective hands and seal this
____________________________________Day of ____________________________2013.
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JULY 2016
Page 279
Witness: ___________________
Signed for and behalf of
1) Name:
2) ___________________
Signed for and on behalf of
Name:
Signature of Power of Attorney Holder is attested hereby
_______________________________
Signature of Power of Attorney Holder
_______________________________
Signature of person signing this Power
Of Attorney for Joint Venture above
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JULY 2016
Page 280
ANNEXURE-1.7
POWER OF ATTORNEY
(To be uploaded by the Digital Signature Certificate Holder)
ON NON JUDICIAL STAMP PAPER
TO WHOM IT MAY CONCERN
This is to certify that <Name of DSC Holder>of M/s <Name of participating Firm / Company> has the
authority to sign the bids using his digital signature and any document (s) in hardcopy pertaining to DVC
Tender No. …………….. dated ………….. using his official usual signature and the bid shall be binding upon us
during the full period of its validity.
Signature of <Name of DSC Holder> is duly attested hereunder.
Thanking you
Yours faithfully
………………………………………..
<Signature of the Attesting Authority of the Company>
Signature of <Name of DSC Holder> of M/s <Name of participating Firm / Company>
Attested by <Name of Attesting Authority>
…………………
…………………
Stamp
Notarized by
…………………
…………………
…………………
Stamp
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JULY 2016
Page 281
ANNEXURE-Z1
INDENT FOR PROCUREMENT/WORKS
(Complete In all respect)
Sl. Description of the activities Yes/No Remarks, if
No. Nature of item (Capital/Spare) any
1. Administrative Approval by:
2. Detailed authenticated Specification, drawing, scope of work, estimated
value with basis, delivery and completion schedule etc. (Enclosed/not
enclosed)
Nature of Tender (Open/Limited/Source standardised basis
3. Allocation of Budget to be ensured/indicated.
4. In case of TAA is Board/Chairman. administrative approval to be obtained
Note from concerned Member.
5. Indents for spares, consumables, capital, Plant & Machinery and other
Note assets be placed separately.
6. Wherever possible relevant IS/BIS or any acceptable standard to be
mentioned
7. Justification of procurement along with the quantity.
a) Based on BUS for last 3 years.
b) If it is more than moving average, justified the quantity, and
approved by one step superior of TAA
Note c) If TAA is CE and above, no approval of superior is required.
8. In case of new items/works, utilisation programme is to be indicated.
9. Wherever applicable, PAC/OEM/OES or source standardisation certificate
issued by the (CE/Sr.CE/HOD) in the prescribed format.
10. Indents for which approval of Board/Chairman is required before
Note placement of P.O. should have recommendation for process of concerned
Director.
11. First time procurement - for replacement of any item , already in use will
not be termed as NEW ITE M
it is stated as FIRST TIME PROCUREMENT.
12. Proposal for procurement of improved version over the existing one should
properly justifies along with cost benefit analysis an d obsolesce certificate
from concerned ED/Sr.CE to be obtained prior to enquiry.
13. Items related to computer & associate certification from IT department

shall be obtained.
14. Importation will only be resorted to when there is no effective indigenous
substitute.
15. Draft QR along with reference QR with probable vendors (enclosed/not
enclosed)
16. Departmental estimate
17. Basis of estimate
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JULY 2016
Page 282
ANNEXURE-Z2
Sub: Nomination of Tender Evaluation Committee Members.
1. NIT (Enquiry) no. and date :
2. Brief Description of item(s)
3. Indenter :
4. Type of enquiry : Open/Limited/Single
5. Bid Opening date :
6. Estimated Cost :
7. Tender Evaluation Committee
Member Level :
8. TAA :
Department Name & designation of Member Name & designation of Member

(For field formation) from HQ
Contract & Materials

(to be furnished by C&M
Department)
Finance (obtain over phone by

C&M Department)
Indenting Department
Competent authority may nominate a member from his department.
W&P Manual – 2016

JULY 2016
Page 283
ANNEXURE-Z3
(Name of User Department)

Ref : Date:
Sub: Proposal for amendment to purchase Order :
Delivery Period Extension: (To be filled in by Indenting Department)
1. Purchase /Work Order No. & Date
2. Name of the supplier
3. Brief description of materials
4. Total Value of Purchase/Work Order
5. Original Date of Delivery/Works as per P.O./Contract
6. Actual Date of Delivery
7. Have the supplier asked for extension after completing the

supplies? (Yes/No)
8. Value of supplies/ Contract for which extension is sought Rs. ( % of order value )
9. Reference of suppliers request
10. Extension required upto
11. Whether delay is attributable to the supplier/contractor

(Yes/No)
12. Brief reasons for extension of delivery period, as communicated

by supplier.
13. Recommended for

a) Extension of delivery period upto
with imposition of LD (Yes/No)
b) Extension of delivery period upto
without imposition of LD. (Yes/No)
Signature:__________________________
(Not below SE)
Seal:_______________________________
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JULY 2016
Page 284
ANNEXURE-Z4
LETTER HEAD
FULL ADDRESS:
LETTER OF INTENT (LoI)/

Purchase Order No. : Our Enquiry No. :
Date Date:
User Department : Vendor:
Engineer In-charge :
M/s.
Phone No. Fax No.
Sub: Supply of
Ref: 1.
2.
3.
We are pleased to confirm our acceptance of your offer/and subsequent correspondence referred to above.,
kindly arrange to execute the supplies strictly as per specifications and quantities as indicated in subject to the
conditions specified herein. Our General Conditions of Contract (GCC), is available in our web page
www.dvc.gov.in
Kindly arrange to return duplicate copy of this order duly signed and stamped within 10 days in token of
having received and accepted the order.
1. Total value of order :

2. Price Basis :
3. P & F charges :
4. Excise Duty :
5. Sales Tax :
6. Place of despatch :
7. Place of delivery :
8. Mode of despatch :
9. Transit Insurance :
10. Inspection :
11. Payment Term :
12. Bank Charges :
13. Warrantee/Guarantee :
14. Security deposit cum performance Bank :
Guarantee.
15. Liquidated Damage clause :
16. Price Variation :
17. Special Instructions
Delivery/completion schedule :
for and on behalf of DVC.

Copy to:-
1. User Department - This has reference to its Indent No.___________________
` dated_______________________
2.
3.
W&P Manual – 2016

JULY 2016
Page 285
ANNEXURE-Z5
_________________________________Station/Corporate Office
__________________________________ Full address.
(Contract & Materials Department)
Amendment to Purchase Order
M/s_______________________________
Purchase Order No.

Date
Amendment No. Date
Your reference no. & date.
---------------------------------------------------------------------------------------------------------------------------------
The above order is hereby amended as under
All other terms and conditions of the order remain unaltered.
FOR AND ON BEHALF OF DVC
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Page 286
ANNEXURE-Z6
PRE-ENQUIRY ACTIVITIES (BY TIA) – CHECK-LIST
Sl. Description of the activities Yes/No Remarks, if any

No.
1. Activities would only start after the receipt of
indent/proposal is complete in all respect.
2. Scrutinise the indent/proposal and set right of any

discrepancy in the indent/proposal by sending back to
the indenter
3. Creation of a file
4. Approval of the mode of tendering ,in case of

departure from normal procedure by TIA as per
proposal of the indenter with reference to specified
clause in W&P Manual).
5. Formation of QR committee.
Approval of recommendation of QR committee by
approving authority
6. Firming of cost of tender documents based on
Estimated value.
7. Firming the amount of EMD based on estimated cost Needs valid regn.
*SSI registered with NSIC shall be exempted from certificate from
payment of EMD. appropriate Govt.
authority
8. On opening of the file, prepare the tender document
sets.
9. Finalising the enquiry details for advertisement in

newspaper and web site for OTE by C & M deptt.
10. Put up to TIA for approval, for NIT document and

publication of NIT
W&P Manual – 2016

JULY 2016
Page 287
ANNEXURE-Z7
PREPARATION OF TENDER ENQUIRIES CHECK LIST (BY TIA)

No.
1. Time and date for receipt and opening of tenders – as
per the guidelines.
2. Prescribed time has been allowed to the Tenderers to
submit their quotations depending on the type of
enquiry being issued i.e. STE, LTE, OTE, Global
Tender Enquiry.
3 Amount to be furnished against EMD as well as
mode of submission
4. Description of stores including specifications etc
Detailed scope of work, list of statutory
requirements, scope on the part of DVC etc..
5. Relevant drawing/specification enclosed with the
enquiry.
6. Pre-despatch (PDI) inspection in case of stage
inspection at suppliers end. PDI as a special
condition of contract (SCC)
7. Condition of conduct are correctly indicated
8. LD clause
9. Insertion of clause for the cancellation of contract
effecting risk purchase
10. In case of purchase of imported stores, shipping
clause e.g. FOB/FAS basis etc.
11. Any other clauses as felt necessary by TIA to be
incorporated in the bid document.
12. SDBG
13. Readiness of Excel sheet for Techno-commercial and
price
14. Finalisation of evaluation criteria, in case of variance
from GCC.
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JULY 2016
Page 288
ANNEXURE-Z8
CONSOLIDATED CHECK LIST TO BE SENT BY TENDER COMMITTEE TO TAA

ALONG WITH FINAL RECOMMENDATION

No.
1. Indent for spares & consumables has approval of competent authority
as per relevant DFP.
2. Indent for capital item accompanied by a copy of updated approval.
3. Indent is placed on prescribed form with all column duly filled in.
4. Budget provision indicating specific head of expenditure in the year of
effective delivery is confirmed.
5. PAC/OES/OEM/SSC is furnished by competent authority for single
tender procurement.
6. BUS concurrent with indent containing information on last three years
consumption, stock position, pending indents & P.O. and rate & source
of last purchase with P.O. reference is furnished.
7. Initial or first time procurement against replacement of spares &
capital item not to be stated as (‘New Item’ unless it was never put to
use.
8. Ordering quantity fixed in excess of average annual consumption with
due weightage on stock positioning, indent and P.O. in live and
procurement lead time is as per justification furnished by I.O.
9. Indent for new items is properly justified by I.O. along with the
utilisation certificate.
10. Whether indigenous source development is explored i.r.o. import of
spares or capital goods.
11. High value purchase proposal contains its utilisation programme
preferably within warranty period. Views of concerned directives on
this score obtained.
12. Proposal for procurement of imported version over the existing one is
properly justified with reference to its optimum utilisation and cost
benefit aspect and availability & trained manpower with obsolency
certificate as per authenticity delivered in manual.
13. Exact technical specification matched with requirement of user section
for computers and other products where technology is fast changing is
settled before issuance if NIT and recommended, offer strictly is
conformity with NIT is confirmed.
Recommendation as to technical acceptance of offer
15. obtained from I.O./his representative in T.C.
16. Price Reasonability of single offer as PAC/OEM/OES/SSC is analysed
and commented upon.
17. Purchase proposal is placed after settlement if all deviations in techno-
commercial part of ;the offer as per NIT terms.
18. Availability of surplus stock in other projects is checked and Not Applicable
considered in fixing the ordering quantity.
19. In case of LTE updated vendor base is considered.

20. Vendor behaviour is duly considered in recommendation for waiver of
SD and LD Clause.
21, Price implication of commercial terms and conditions of all the offers
are evaluated in equal platform and considered in the comparative
statement.
Signature & Name/Designation of TC Members:-
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ANNEXURE-Z9
Ref : Date
Sub : Purchase of ________________________________________________________

Extension of due date of receipt of bids.
Ref: NIT No.________________________________________________ Date
1. Indent requisition No. & Date
2. Estimated value of Indent
3. Nature of Indent : Normal/Urgent
4. Recommendation of indenting department

if it is urgent
5. Enquiry No. & Date :
6. Bid Opening date
7. No. of Offers received on bid due date :
In view of poor response and also to ensure response from more bidders, thereby obtaining competitive rates,
it is proposed to extend bid receiving date by ___ days from the date of approval.
As per clause______________of Delegation of Powers, the proposal needs kimd approval of _________
Submitted for perusal and approval please.
Dealing Engineer
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ANNEXURE-Z10
RECOMMENDATION OF TENDER COMMITTEE (TC) FOR APPROVAL OF TAA
a) Indenting Department
1. INDENT DETAILS
b) Indenting items
JUSTIFICATION FOR WORKS/

2. PROCUREMENT WITH
ADMINISTRATIVE APPROVAL
(Y/N)
Schedule of Rates
LPP
BASIS Budgetary
DEPARTMENTAL ESTIMATES Offer/Market Rate
3. Order of other Power
Utilities
AMOUNT
Date Authority DFP Serial Remarks, if

4. TECHNICAL APPROVAL OF any
COST ESTIMATE

5. TECHNICAL SANCTION any

6. FINANCIAL SANCTION any
7. BUDGET STATUS
Date of NIT Authority DFP Serial Remarks, if

8. TENDERING any
A. Single Tender Enquiry (STE)
NIT details
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a) OEM/OES/PSU Please Tick in the

Other details appropriate cell
b) Source
Standardisation
/PAC
c) Emergency
d) Urgency
e) Single against
LTE
B. LIMITED TENDER Date of NIT Authority DFP Serial

ENQUIRY (LTE)
NIT DETAILS
Yes/No/Response
a) Approving
Authority
(Indenter)
SOURCE OF VENDOR b) No. of vendors
responded
c) From approved
vendors (Nos.)
d) From known
vendors (Nos.)
e) From
Manufacturers
(Nos.)
SELECTION MODE
f) From authorised
agents/distributor
s (Nos.)
g) From others
(Nos.)
h) No. of rejected
bids with reasons
Date of NIT Authority DFP Serial Remarks
C. OPEN TENDER ENQUIRY
(OTE)
a) Press Publication Date

NIT DETAILS
b) Hoisting Date in the
Website
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c) Pre-Bid discussion
Date
No. of participants
Amendments, if any
Delivery Period
Revised date of
Submission & Opening of
bid, if any
Others
TENDER TYPE & DETAILS TECHNO-COMMERCIAL EVALUATION
a) Opening date
Single Stage Two Part, One
Envelop/Two Envelopes/Three b) No. of bidders participated
Envelopes/Four Envelopes c) No. and names of the NIT
compliant bidders
Strike out which is not applicable d) Rejected bids with reasons
LEVEL OF THE COMMITTEE
TENDER COMMITTEE
RECOMMENDATION
Deviations of clauses , if any Details of deviations Authority for condonation
a)
b)
c)
d)
PRICE BID EVALUATION
Opening date
Ranking
Price quoted
Evaluated Price
Percentage with
respect to DE
LEVEL OF THE
COMMITTEE
TENDER
COMMITTEE
RECOMMENDATIO
N FOR PRICE BID
Discussion on
reasonability of price
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OTHER SALIENT TECHNO-COMMERCIAL FEATURES
Features As per NIT As per the Offer Remarks

Delivery
Period/Completion
Period
Security Deposit
Liquidated Damage
Advance Payment
Terms of Payment
Validity of the Offer
Total financial involvement including taxes and

duties
Observation of Finance, if necessary
Accepting Authority
Signature:-
____________________ ______________________ ____________________
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ANNEXURE-ZA

Contracts & Materials Department
RFQ No. Dated
Request for Quotation (RFQ)
for
Supply, at, DVC
Through
Open Tender Enquiry and On-Line Reverse Auction (RA)
Conducted by
NEXTENDERS
CONTRACT & MATERIALS DEPARTMENT

DVC TOWER, 3RD FLOOR
KOLKATA – 7000 54
Head Quarter: Mailing Address:

DVC Tower, 3rd Floor, Chief Materials Manager,
VIP Road Contract & Materials Department,
Kolkata-700054. DVC Tower, 3rd Floor,
Kolkata – 700054.
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An important perspective is that electronic- Reverse Auctions are not appropriate for every tendering
process. In fact, reverse auction may be inappropriate for many commodities or services.
WHEN TO USE REVERSE AUCTION

A reverse auction can be considered in the following situations :
 as price negotiation strategy for normal tender process.

 as a means of obtaining quotes from suppliers on an established panel or common use
contract.
 as the second stage of a two-stage tender process, in which other ‘ value ‘ criteria have
already been considered and price is the remaining considerations
Recommended practice..
When establishing new procurement arrangements that may use reverse auctions, the terms and
conditions of offer must clearly state that reverse auctions are to be used.
When there is panel arrangements in place , period or common use contract reverse auctions are
used to select the successful supplier based on price :
 reverse auctions must be restricted to the suppliers on contract.

 all suppliers on contract must be given equal opportunity to participate in the reverse
auctions.
 the contract pricing must be on the basis of not to exceed or ceiling price.
.
Suitable goods and service
The use of reverse auctions is to be restricted to the procurement of products or
commodities with little or no value-added or service component. Suitable products have
the following characteristics :
 very strict and unambiguous specifications that ensure homogeneity.

 a competitive market
 primary selection criteria is price.
 no or limited impact from whole-of-life costs or consideration.
 no services or added benefits specified in the requirement, for example there must be no
labour hire component such as a requirement for installation services.
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Products or commodities which may be suitable include :
 primary building products ( e.g. iron ore, road, building materials, copper tubing)
 standard information technology equipment (e.g. specified desktop computers, shrink-
wrapped software, modems, toner cartridge)
 photocopy paper
 energy, electricity, coal or gas
 chemicals and possibly pharmaceutical products.
 clothing and uniforms in set sizes, colours and volumes
Nature of procurement
Some other factors that could affect the suitability of using reverse auctions include :
i. the total value of the procurement

ii. the nature of the supplying industry.
There are costs associated, both in agencies and suppliers, in conducting and participating in
reverse auctions. For example, a procurement with the value of Rs. 2000may not justify the time
and preparatory work required by a supplier to participate in a reverse auction.
Similarly for agencies, the potential saving which a procurement of this value MIGHTRALISE may
not justify its use. Generally, the higher the value of the procurement, the greater the potential
for realising savings
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DAMODAR VALLEY CORPOATION

Contract & Materials department
RFQ No : Dated:……20…
X.0 REVERSE AUCTION PROCESS CONDUCTED BY NEXTENDERS

Appendix - I
Definition of Key Terms – Reverse Auction
Reverse Auction: Reverse Auction is used to procure items/services, where the requirement for
one/more Markets of an item is stated and the participants are required to bid down the price to be
selected to supply the requirement.
On-line Reverse Auctions: On-line Reverse Auctions refer to those Reverse Auctions conducted
through the Internet with simultaneous bidding by the bidders (from one or more locations). In other
words, the venue for the auction is on an Internet website/ platform. The Nextenders website
(http://auction.nextenders.com) or any other URL assigned by Nextenders would constitute the venue
for the purpose of the on-line auction.
Award at the Reverse Auction: The bidder quoting the lowest price is normally allotted the item
unless otherwise specified by the Client. Price obtained at any stage in the event is valid and legally
binding on the bidder.
Client: Client is DVC who has contracted Nextenders to conduct such Reverse Auction. In case of
Reverse Auction, the purpose would be to meet their requirement for item/s from among the sellers
desiring to sell the items to the Client.
Bidder / Tenderer: Bidder is the individual/business entity participating in the Reverse Auction,
intending to supply the item/s to the Client. To be become a Bidder in the auction, a business entity has
to secure client approval for participation and also provide written assent to the General Rules and
Regulations
Auction Engine: Auction Engine refers to the software that encapsulates the entire auction process,
processing logic and information flows. Nextenders is the sole owner of the auction engine and retains
exclusive right over the utilization of the same.
Preview Time: Preview Time refers to the period of time that is provided prior to the commencement of
bidding. This is to facilitate approved participants to view the auction details such as item specifications,
bidding details and bidding rules. The purpose is also to familiarize participants with the functionalities and
screens of the auction mechanism. It is not mandatory for nextenders to provide Preview Time.
Start Time: Start time refers to the time of commencement of the conduct of the On-line auction. It
signals the commencement of the Price Discovery process through competitive bidding.
Duration of the Reverse Auction: It refers to the length of time the price discovery process is
allowed to continue by accepting bids from competing bidders. The duration of the auction would
normally be for a pre-specified period of time. However, the bidding rules may state the conditions
when the pre-specified duration may be extended/ curtailed. The conditions include:
* Automatic extension in the event of bids being entered towards the end of the scheduled duration to
facilitate the other bidders to view and react to the bid.
Auto Extension of the Auction Timings: In the event of bids in the last few minutes of the
scheduled bid time, the Bid Timings are automatically extended for a specified period from each such
bid. Such Auto Extension shall continue until no bids are placed for the specified period (Engine
remains inactive for the specified period). The Inactivity Time for Auto Extension purpose is normally 3
minutes. nextenders however retains the right to change the same. The Inactivity Time applicable for
the particular On-line Bid shall be communicated to the bidder if it will be set to a value less than 3
minutes.
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End of the Reverse Auction: End of the Auction refers to the termination of the bidding event
signalling an end to the price discovery process.
Auction Report: nextenders would provide an Auction Report to the Client containing a summary of the
auction proceedings (to replace by bidding event) and outcome. The Auction Report would constitute the
official communication from nextenders to the client about the outcome of the Reverse Auction.
ID and Pass Word: Pass Word and ID shall be given to all the eligible by the Service Provider for
enabling the bidder to participate in the Reverse Auction.
Start –Bid Price: “This is the price at which the bidding will start after sealed bids are obtained from
the eligible vendors. This is the maximum price which the system will accept. Prices above the start bid
price will be rejected by the system. The bidders will have to bid equal to or below the start bid price."
Minimum Decrement: Minimum decrement is the minimum amount a supplier has to reduce in
order to beat a higher bid. For example, if a bidder bids Rs 10,00,000/ - for a Market, others, in order to
beat this bid, have to quote a lower price with a minimum decrement say of Rs 20,000/- i.e. in order to
be eligible they have to quote Rs. 9,80,000/- (or lower) for the same Market. This minimum decrement
shall be pre-decided by Steel Authority of India Limited and will be in-built in the auction engine.
nextenders retains the right to extend or cancel or reschedule the reverse auction on any
of the following reasons:
Sl Circumstance Action
01 Auto Extension Of Bidding There would be an auto extension of bid time in case bids are
Time placed. Auto extension of bid time may vary from 5-30
minutes which will be intimated in the auction notice to be
sent to techno-commercial eligible bidders for participation in
RA.
02 Cancellation of event / bid 1. The number of confirmed bidders is deemed insufficient
to conduct the reverse auction.
2. On Advice of the Buyer.
3. NT on its own accord - in case of situations where it is felt
that continuance of the auction proceedings is prejudicial
to the smooth conduct and/or the integrity of the auction
process.
4. Cancellation/ premature termination of the reverse
auction with/ without a subsequent rerun of the auction
on a mutually decided date between Client and MJ.
5. Cancellation of a wrong bid.
6. Locking a bidder’s account (suspension of operations in
the account).
03 Poor Participation 1. Manual extension carried out if less than 10 bids received.
2. Reserve / expected price not met.
3. It is determined that one or more bidders have submitted
bids which are clearly below Cost.
4. On the advice of the Buyer.
04 Unable to access the 1. Manual extension carried out till connectivity restored or
module due to NT will bid on behalf of bidder after obtaining suitable
infrastructural problems - authentication.
Internet Problems being 2. The number of extensions and the time involved in each
reported by bidders extension is on the judgment of the auction controller
concerned.
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05 NT server not able to To the extent possible, all auctions will be extended until the
connect to the Internet problem is resolved/ internet connectivity of NT machine
cloud improves.
Ability to extend depends upon time available, as also ability of
NT staff to connect to the NT
Machine.
06 Power failure/ Planned NT will bid on behalf of bidder after obtaining suitable
power shutdown in his area authentication. (The party will inform his minimum price and
reported by an interested will also inform his user id and password).
supplier Manual extension may be involved if the call is received just
before closure, and NT staff does not have sufficient time
required to make a bid.
At the request of the Client, NEXTENDERS may permit bidding through a combination of online
and offline means (offline means including phone/fax/email). However in such event, nextenders
would not be responsible for any errors in transmission or entry of the information received in the
offline medium. It must be expressly understood that such facilities if and when extended are only
for the convenience of bidders and, while reasonable care and caution shall be taken by nextenders
the ultimate responsibility for the same shall rest with the bidder/s.
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Appendix - II
General Rules and Regulations governing conduct of On-line Reverse Auctions on

the Nextenders platform and Terms and Conditions of the Buyer (DVC)
INTRODUCTION
The General Rules and Regulations provided herein govern the conduct of On-line Reverse Auctions
operated by Nextenders services limited. These rules cover the roles and responsibilities of the parties in
the On-line Reverse Auctions on the Nextenders platform. Acceptance in-toto of these General
Rules and Regulations is a pre-requisite for securing participation in the On-line Reverse
Auctions on the Nextenders platform.
Role of Nextenders
Nextenders is the agency (operator) primarily providing the forum and platform for conducting the
reverse auction. As the agency is providing the auction engine, the role of Nextenders would include:
Providing the Input of the details of the auction items and defining of the bidding rules as desired by the
client.
Providing access to the approved bidders to participate in the auction
Enhancing bidder awareness and comfort with the auction mechanism and bidding rules.
Summarizing of the auction proceedings and communication of the outcome to the client.
The responsibility for fulfilment of the contract rests between the bidders and the client and
Nextenders shall have no liability on this account.
Role of the Bidder
The role of the bidder is outlined below:

The bidder would participate in the Reverse Auction with the aim of bidding to secure the auctioned
item in the auction (being selected for supplying the client’s requirement in a Reverse Auction).
The bidder would be provided access to the Auction through a User Id protected by a password. The
bidder needs to ensure that in no case the User Id and password is to be revealed to unauthorized
persons.
Access to the auction mechanism shall be provided to the entire approved bidder subsequent to
obtaining their written consent to the General Rules & Regulations.
In the event of winning an allotment in the auction mechanism, the bidder shall commit to fulfil
outlined obligations under the contract.
Bidding Rules:
The Bidding Rules refer to the information and terms defined specifically for a particular Reverse
Auction. The purpose of the Bidding rules is to provide approved bidder with the information and terms
specific to the auction in which they are bidding. This would include:
Start Time and duration of the Reverse Auction.
Any extension of the duration of the auction in the event of bids being received towards the end of the
pre-specified duration.
Reserve Price (if any specified)
Minimum & Maximum Bidding Quantity (if any specified)
Price Decrements and any reduction in the price decrements in the auction in the event of
inactivity Other attributes (informational/non-negotiable in nature)
Participation in the auction process presumes complete awareness and understanding of the bidding
rules.
Conduct of the Reverse Auction:
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The Reverse Auction shall be conducted on pre-specified date.
M/s. Nextenders retains the right to cancel or reschedule the Reverse Auction on any of the followings
reasons:
Some of the confirmed bidders are unable to access the module due to infrastructural problems such as
sustained power failure or telecommunication breakdown.
Bids are received but above the Start Bid Price
The duration of the Reverse auction may also vary from the pre-specified period of time on account of
termination of the auction by Nextenders :

 On the advice of the client, or,
 On its own accord in case of situations where it is felt that continuance of the auction proceedings
is prejudicial to the smooth conduct and / or integrity of the auction process.
Problems during the conduct of the Reverse Auction
In the event of any problems being faced in the smooth conduct of the auction, Nextenders shall have
the right to undertake one or more of the following steps:
Cancellation of a bid
In case of failure of net connection, bidder will give his best price to nextenders who will bid on behalf
of the bidder with the minimum decrement until the bid price reaches the best price offered by the
bidder by proxy bidding mechanism. The best price communicated by the bidder will have to be by
written confirmation or fax to Nextenders and will be kept confidential between nextenders and the
bidder. Bidder will be bound by the price offered.
Liability of Nextenders:
Nextenders shall not be liable to the client / bidders in the auction or any other person(s) for:
- any breach of contract by the party in the fulfilment of the underlying contract.
- Any delays in initiating the online auction or postponement / cancellation of the online auction
proceedings due to any problem with the hardware / software / infra structural facilities or any
other short comings.
Confidentiality Clause:
Nextenders undertakes to handle any sensitive information provided by the client or confirmed
bidders for the reverse auctions conducted on the nextenders platform with utmost trust and
confidentiality.
Jurisdiction
Any disputes relating to the online reverse auction module shall be subject to the sole jurisdiction of
Kolkata Courts only to the exclusion of any other court.
Right of the client
DVC reserves the right to fully / partly accept the bids or completely reject the same.
****
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Appendix - III : Reverse Auction System and Processes of Nextenders
1.0 Participation in On-line Reverse Auction for price bidding:

1.1 Techno–Commercially accepted Tenderers will be required to participate in On-line Reverse
Auction over Internet for bidding. However, after evaluation of Techno-Commercial
Bids, the techno-commercially suitable and acceptable Tenderers will be
informed for submitting the Price Bids through On-line Reverse Auction or
through Sealed Envelope. The mode of Price bidding will be decided by Buyer.
1.2 Definition of Key Terms of Reverse Auctions is given in Appendix-I and General Terms
and Conditions are given previous pages.
1.3 The key features for participation in a Reverse Auction are given below:
1.3.1 The Reverse Auction will be conducted on Service Provider’s platform. The Service
Provider shall intimate schedule of the Reverse Auction to all the techno-commercially
suitable & acceptable tenderers.
1.3.2 There would be an auto extension of bid time in case bids are placed. Auto extension of
bid time may vary from 5-30 minutes which will be intimated in the auction notice to
be sent to techno-commercial eligible parties for participation in RA. All bidders
should nominate a person who would be the authorized ‘BIDDER’ (i.e., the person who
is authorized to bid in Reverse Auction on the firm’s behalf). The “USER-ID” and
“PASSWORD” will be given to this person only. The Service Provider will intimate a
secure and confidential Login ID and Password specific to each tenderer, for
participating in the Reverse Auction. The user ID and Password shall be intimated to
the bidder by 10:00 Hr. one day before the reverse auction whereby the tenderer can
preview the auction.
1.3.3 The Start Bid Price : The price at which the Reverse auction starts
1.3.4 The bidding will take place in Indian Rupees.
1.3.5 During the Reverse Auction, bidders have to quote for all items and for the entire
quantity of all the item (/s) in a Lot; else their bid will not be accepted for that Lot.
Bidders shall not be allowed to quote for part quantity of a lot. However, DVC reserves
the right to distribute the quantity of a lot among multiple suppliers (if order splitting
applicable).
1.3.6 During the Reverse Auction, suppliers shall be allowed to revise their price and bring it
downward only. Bidders are not allowed to quote above the Start Bid Price
under any circumstances.
1.4 All Bidders have to confirm through a letter/ fax (033-) to the service provider, their last
quoted prices for each lot within four hours of concluding the Reverse Auction as per the
format provided during the training. They also need to mention in the same letter, if they
have matched L1 prices On-line for any of the Lots, if offered to match.
1.5 All Bidders are advised to participate in the RA from their own office / own arrangement. In
such an event the bidder has to make arrangement for ensuring connectivity throughout RA.
For this option bidder shall be solely and exclusively responsible for ensuring continuance of
connectivity. DVC shall, in no way, be responsible for the consequences arising out of
disruption of connectivity. In case the bidder desires, efforts will be made to provide
assistance during the reverse auction phase by deploying skilled persons from service
provider/authorized representative at the participating vendor locations. However, Service
Provider shall in no way be responsible ensuring connectivity.
1.6 It is categorically stated on behalf of M/s DVC, and M/s Nextenders that the Bidders need not
pay any fee towards training for actual bidding etc., in the Reverse Auction and the Bidders need
not subscribe to any of the services in lieu of participation in the Reverse Auction.
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1.7 Written Acceptance in-toto to all the Terms & Conditions mentioned in this document is a
pre-requisite for securing participation in the On-line Reverse Auction conducted by
nextenders on behalf of Damodar Valley Corporation for the products required as per this
RFQ. Hence, the bidder is requested to sign on all pages of this RFQ and submit
along with the Techno-Commercial bid.
2.0 Price evaluation and the emergence of L1 vendors in the Reverse Auction:
2.1 Price evaluation shall be done on Landed cost considering site price basis. The evaluation of
L1 shall be for complete lot on Landed Cost basis for delivery at consignees end, including
supply, installation, testing, commissioning and completion of total job.
2.2 L1 will be computed as follows:
Landed cost shall be arrived at by considering the Basic Price, Packing &
Forwarding charges, State Surcharge (if any), Excise Duty (ED), Education
Cess, full rate of Sales Tax (CST) / VAT, Transportation Charges, Insurance,
Installation & Commissioning charges, Service tax, and any other charges and
taxes & duties (if applicable) etc. i.e. FOR Site(consignee) Price basis.
The lowest total price offered for the complete Lot (Package I) would become the L1
tenderer. The rank of other tenderers i.e. L2, L3, L4 etc. will be decided based on prices
quoted by the tenderers during Reverse Auction.
2.3 Item wise prices will be required to be furnished by the L1 tenderer after completion of RA.
The L-1 Bidder shall submit their detailed Price Break-up with all taxes and
duties, within one day of the closure of the auction as per format provided in the
auction notice/RFQ to Nextenders (033 – ) with a copy to Chief Materials
Manager, DVC Tower, 3rd floor, Kolkata-54
2.4 For local taxes / levies the paying authority i.e. Plant / Supplier will be indicated in the back
up purchase order. However the bids should include all levies / taxes / duties in the
calculation of Landed Cost.
2.5 Bidder (s) who have bid at least once (where the bidder is allowed to participate), after being
logged in shall be treated as participant (s) in the bidding event.
3.0 Refusal of L-1 Bidder to give break-up of price :
In the event of a L-1 bidder refusing to give breakup of price and in case order cannot be placed
without price breakup the bidder shall be suspended for a period of six months from the date of
issue of suspension order. The suspension will apply prospectively and during suspension period,
enquiry shall not be issued to the firm and bid submitted in open tender shall be rejected.
4.0 Backing out of L-1 Bidder :
In the event of a L-1 bidder backing out prior to placement of order, the bidder shall be suspended
for a period of six months from the date of issue of suspension order. The suspension will apply
prospectively and during suspension period, enquiry shall not be issued to the firm and bid
submitted in open tender shall be rejected. EMD will be forfeited.
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FORM - A
(To be submitted on Supplier’s Letter Head)
Format for Acceptance of Commercial Terms, General Terms and Conditions and
all other Terms of the RFQ
We _____________________________________________________________
(Supplier Name)
having registered office at ___________________________________________
(address)
agree to all the Commercial, General & other Terms & Conditions listed in the
RFQ No._____________________________________________
dated___________________________________________
for procurement of ______________________________ (item) through Reverse

Auction.
We confirm that we are in a position to supply material and complete the job as per the
specifications given in RFQ. We have also understood the Reverse Auction Process and the
Reverse Auction rules and special instructions given in the RFQ. We agree to participate in the
Reverse Auction and abide by the rules.
We nominate an executive, whose details are given below, to put the bids on our behalf.
The details of the person authorized to bid on our behalf are as follows.
Name & Designation:

e-mail ID :
Contact Phone Nos:
Address :
(Signature & Seal)
Place:
Date
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FORM – B
Format for Taxes and Duties
Please use this sheet to specify the Excise duty, Sales Taxes & other duties.
1. Excise Duty (ED): Applicable/ Not applicable

2. Present ED rate, if applicable ( Education Cess)
3. Tariff number
4. Excise Registration Number
5. Taxes Applicable
VAT/ Concessional Sales Tax, Service Tax

Full rate of Sales Tax / VAT
Other Taxes And Duties Applicable (Percent)
For Plant/ (Percent)
Unit
IN FIGURES IN WORDS DESCRIPTION IN FIGURES IN WORDS
6. Please indicate the following numbers applicable for your company.
VAT Registration No.: _________________________________

Central Sales Tax Registration No: ________________________________
Other taxes Registration No. : _________________________________
TIN (Tax Payer’s Identification No.) : ________________________________
Excise Registration Number: : ________________________________
(Signature & Seal)

Name :
Designation :
Place :
Date :
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FORM – C
FORMAT FOR BASIC INFORMATION ABOUT THE VENDOR
RFQ Number:_________________________Date:______________
Instructions to fill up the Basic Information:
(i) Please use this worksheet to specify basic financial/ IR/ Contact information; an
authorized person should sign the document at relevant section.
(ii) Past Industrial Relations track record, please mention if there was closure/ cessation of
work at any of your plant(s) in the last 5 years.
(iii) Use this form as Proforma/ Format. Use additional sheets to provide relevant information.
(iv) Provide all the certified relevant documents w.r.t claims made in this Form.
1 Company’s Name
2 Ownership Details
3 Manufacturer/ Distributor/ Dealer
4 Mention, if PSU/ Joint venture with PSU/ SSI
Unit
5 In case of PSU – Central PSU or state Govt. PSU
6 In case of a Joint Venture, details of % wise equity
holding
7 SSI Unit details, if applicable
8 ISO Status
9 Whether product is ISI Marked or as per ISI
10 Contact Person & Designation
11 Phone No./ Mobile No.
12 Fax No.
13 E-mail
14 Financial details of Turnover & profit for the last
3 years
15 Major Manufacturing Capabilities
Sr. Name Installed Capacity Present level Order booking
No. &Address Capacities Utilized FY 1 FY 2 FY 3
16 The year of inception of the company/ business

17 Stocking points
Name & Address of your bank, Bank Account No, Type of Account, Branch Code, Name of the
branch, Income Tax Permanent Account No (PAN) & Place of Issue.
I hereby certify that all information provided above is correct to the best of my knowledge.
(Signature, name & seal of the authorized person)
W&P Manual – 2016

JULY 2016
Page 307
RFQ No. Dated:……20…

FORM – D
PRICE FORMAT (item wise Price Break up)

(Item wise price breakup to be submitted by the successful tenderer after
completion of RA)
To
……………..
……………..
Fax:
Ph. No.:
e-mail Id:
PRICE FORMAT
Type & Rate of
Applicable Taxes Total Price
Basic Total
(indicate whether (FOR-
Unit Basic Freight &
Sl. No. Description Unit Quantity P&F applicable tax is ED / Full Destination
Price Price Insurance
rate of SCT / VAT / basis)
(in Rs.) (in Rs.)
Service Tax / any other (in Rs.)
tax)
Supply of
Material As
1 [ as per Indicated
Technical in TS
Specification ]
Installation &
Commissioning As
Lump
2 [ as per Indicated
Sum
Technical in TS
Specification ]
TOTAL LANDED COST:
Total price in words:
Signature & Name:

Designation:
Date:
W&P Manual – 2016

JULY 2016
Page 308
FORM - E
PROFORMA FOR BANK GAURANTEE FOR EARNEST MONEY DEPOSIT (Bid Security)
BID SECURITY BANK GUARANTEE

(To be executed on Non-Judicial Stamp Paper of appropriate value)
...............................................................................................……… (Name of the Bank)

Address.......................................................................
…………………….............................................................
Guarantee No. .......................................
A/c Messrs............................................................................................... (Name of Bidder)
Date of Expiry........................................
Limit to liability (currency & amount) ..................................................................................

Invitation For Bid No. ......................................................... dated ..........................................
For...................................................................................................... (Name of Facilities)
Subject : Bid Security Bank Guarantee
Date .................................. 20....

To
.......................................................
.......................................................
.......................................................
[Name and Address of Employer]
Dear Sir,
In consideration of the ___________ (Name of Employer) (hereinafter called “Employer”) which

expression shall unless repugnant to the subject or context include his successors and assigns having
agreed to exempt M/s ___________ (hereinafter called “Bidder”) from demand under the terms &
conditions of the tender (hereinafter called the said “Bidding Document”) issued by the Employer vide
No. ________ for the works _______ (Name of the Facilities) from deposit of Bid Security in the
form of Demand draft/ cheque for the due fulfilment by the Bidder of the terms and conditions
contained in the said Bidding Document including any amendments thereto on production of Bank
Guarantee for Rs. / ________ (Rupees / or equivalent amount in any freely convertible
foreign currency)(________ only)(figure in words).
1. We ............................................ (Name of the Bank) do hereby expressly irrevocably and

unreservedly undertake to unconditionally pay to you merely on your written demand, without referring
it to the contractor and without protest and demur an amount not exceeding .................................
(currency and amount). Any such demand made on us shall be conclusive as regards the amount
due and payable by us under this guarantee. However, our liability under this guarantee shall be
restricted to an amount not exceeding .......................
2. Notwithstanding anything to the contrary we agree that your decision as to whether the Contractor
has committed a breach of any terms and conditions of the contract shall be final and binding on us and
we shall not be entitled to ask you to establish your claim or claims under this Guarantee but shall pay
the same forthwith without any objection or excuse.
3. We undertake to pay to you any money so demanded notwithstanding any dispute or disputes raised
by the Contractor(s) / supplier(s) in any suit or proceeding pending before any court or Tribunal or
arbitration relating thereto, our liability under these presents being absolute and unequivocal.
W&P Manual – 2016

JULY 2016
Page 309
The payment so made by us under this Guarantee shall be a valid discharge of our liability for payment
thereunder.
4. This guarantee shall come into force from the date of issue of this guarantee and shall remain
irrevocably valid and in force initially upto ______________ unless a demand or claim under this
guarantee is made on us in writing on or before _______________ we shall be discharged from all
liability under this guarantee.
5. We _______________ Bank Ltd. further agree with you that you shall have the fullest liberty
without our consent and without affecting in any manner our obligations hereunder to vary any of the
terms and conditions of the said Bidding Document and we shall not be relieved from our liability by
reason of any such variation.
6. It shall not be necessary for the Employer to proceed against the Bidder before proceeding against the
Bank and the Guarantee herein contained shall be enforceable against the Bank, notwithstanding any
security which Employer may have obtained from the Bidder at this time when proceedings are taken
against Bank hereunder be outstanding or unrealised.
7. We _______________ Bank Ltd. further undertake to unconditionally pay the amount claimed by
the Employer merely on demand and without protest or demur to the extent aforesaid.
8. Notwithstanding anything contained herein before our liability under this guarantee is restricted upto
a sum ............. (currency and amount) and shall expire on ............. unless a claim or demand is
made on us in writing within the three months of expiry date all your rights shall be forfeited and we
shall stand relieved and discharged from our liabilities hereunder.
9. We, the said Bank lastly undertake not to revoke this guarantee during its currency except with the
previous consent of the Employer in writing and agree that any change in the constitution of the
Employer or the Bidder or the said Bank shall not discharge our liability hereunder dated ________
day of ___________ 20…. _______ for __________________________ Bank Ltd.
Yours faithfully
For ..........................................
(Name of the Bank)
W&P Manual – 2016

JULY 2016
Page 310
RFQ No : Dated: …….20…..

FORM – F
PROFORMA FOR PERFORMANCE BANK GUARANTEE (SECURITY DEPOSIT)
(To be executed on Non-Judicial Stamp Paper of appropriate value)
....................................................................................................................... (Name of the Bank)
Address ..............................................................................................................................
Guarantee No. .......................................
A/c Messrs .................................................................................................. (Name of Contractor)
Date of Expiry ........................................
Limit to liability (currency & amount) ..............................................................................................
Contract No. .............................................................................................................................
For ................................................................................................................. (Name of Facilities)
Subject :......................................................... Performance Bank Guarantee.
Date .................................. 200..

To
.......................................................
.......................................................
.......................................................
[Name and Address of Employer]
Dear Sir,
We refer to the Contract Agreement (hereinafter called the “Contract”) Reference No.
..................... Dated ............. between you and M/s. (Name of the Contractor) (hereinafter called the
“Contractor”) for the design, civil, manufacture, supply of plant & equipment, refractories and
structures, storage, insurance & handling, erection, testing, commissioning and performance guarantee
tests of . (Name of the Facilities).
Whereas the Contractor has undertaken to produce a Bank guarantee under the Contract
including any amendment thereto, to secure its obligations to you for the performance of the Contract
including the guarantees and warranty of the Facilities & the equipment supplied.
1. (Name of the Bank) do hereby expressly irrevocably and

We ............................................
unreservedly undertake to unconditionally pay to you merely on your written demand, without
referring it to the contractor and without protest and demur an amount not exceeding
................................. (currency and amount). Any such demand made on us shall be
conclusive as regards the amount due and payable by us under this guarantee. However, our
liability under this guarantee shall be restricted to an amount not exceeding .......................
2. Notwithstanding anything to the contrary we agree that your decision as to whether the
Contractor has committed a breach of any terms and conditions of the contract shall be final and
binding on us and we shall not be entitled to ask you to establish your claim or claims under this
Guarantee but shall pay the same forthwith without any objection or excuse.
3. We undertake to pay to you any money so demanded notwithstanding any dispute or disputes
raised by the Contractor(s) / supplier(s) in any suit or proceeding pending before any court or
W&P Manual – 2016

JULY 2016
Page 311
Tribunal or arbitration relating thereto, our liability under these presents being absolute and
unequivocal.
The payment so made by us under this Guarantee shall be a valid discharge of our liability for
payment thereunder.
4. This guarantee shall continue and hold good till beyond two months from final acceptance of
material and shall be released by you on the application by the Contractor and on submission of
a letter for release of this Guarantee provided always that unless extended this Guarantee shall
remain in force till …………. Should it be necessary to extend this Guarantee beyond the said date,
we undertake to extend forthwith the period of this Guarantee on your request till such time as
may be mutually agreed by you and the Contractor.
5. This guarantee shall not in any way be affected by you taking any securities from the Contractor
or by the winding up, dissolution, insolvency or death as the case may be of the Contractor. We
shall not be entitled to proceed against the assets of the Contractor at your site
6. In order to give full effect to the Guarantee herein contained, you shall be entitled to act as if we were
your principal debtors in respect of all your claims against the Contractor, hereby guaranteed by us as
aforesaid and we hereby expressly waive all our suretyship and other rights, if any, which are in any
way inconsistent with the above or any other provisions of this Guarantee.
7. This guarantee is in addition to any other guarantee or guarantees given to you by us.
8. This guarantee shall not be discharged by any change in the constitution of the Contractor or us,
nor shall it be affected by any change in your constitution or by any amalgamation or absorption
thereof or therewith but will ensure for and be available to and effaceable by the absorbing or
amalgamated company or concern.
9. Notwithstanding anything contained herein before our liability under this guarantee is restricted
upto a sum ............. (currency and amount) and shall expire on ............. unless a claim or
demand is made on us in writing within three months of the expiry date all your rights shall be
forfeited and we shall stand relieved and discharged from our liabilities hereunder.
10. We have full power to sign this guarantee under the delegations of powers and notification made
under general regulation and resolutions in this regard.
Your faithfully
Dated ......... day of ............... 200..
For .................................................
(Name of the Bank)
W&P Manual – 2016

JULY 2016
Page 312
RFQ No : Dated: …..20..

FORM – G
Mandate Form for Payment in Electronic Mode
(Details of the person to receive payment)
PARTICULARS OF EMPLOYEE/VENDOR/
1. SUPPLIER/ CONTRACTOR/
INVESTOR/CUSTOMER/OTHER (Please specify)
A NAME
B ADDRESS
C E-MAIL
2 PARTICULARS OF BANK ACCOUNT
A BANK NAME
B BANK BRANCH NAME
C ACCOUNT NUMBER (Full)
(As required for electronic payment /EFT/RTGS/SEFT)
D BANK ADDRESS WITH TELEPHONE NO.
E BANK BRANCH CODE, if any
9 - DIGIT MICR CODE NUMBER OF THE BANK &
F BRANCH, if any
(Appearing on the MICR Cheque issued by the bank )
(Enclose a copy of cancelled cheque)
G ACCOUNT TYPE
(S. B. Account/Current A/C or Cash Credit)
H Ledge No. Ledge Folio No.
IFSC CODE FOR NEFT, if any
I (Indian Financial System Code for NEFT)
(To be obtained from respective Banker)
IFSC CODE FOR RTGS, if any
J (Indian Financial System Code for RTGS)
(To be obtained from respective Banker)
I hereby declare that the particulars given above are correct and complete. If the transaction is delayed
or not effected at all for reasons of incomplete or incorrect information, I would not hold the DVC
responsible. I have read the option invitation letter and agree to discharge responsibility expected of
me as a participant under the scheme.
Date: Signature of the Investor/ Customer/ Employee/

Vendor/Supplier/Contractor with seal of the firm
Name and Address
Certified that the particulars furnished above are correct as per our records.
Signature of the Authorised official from the Bank
W&P Manual – 2016

14-
L
t_
ANNEX U Rtr_ .ZB
ANNEXURE-ZB
No. 26(1)/2014-MA
F*ge-3oo
Page 313
l.- Government of lndia
L: Ministry of Micro, Small & Medium Enterprises

Office of Development Comrnissioner (MSME)
tj (Marketin g Assistance Division)
L: Nirman Bhawan, New Dethi

6th November,'2015
L-
L
l>
OFFICE MEMORANDUM
L
Ir
l- subject Public Procurement Poticy for Micro and

small E'nterpriaes (MSES) Atder' 2fr12
MSES' I
L-_ regarding details of Procurementfrom
ll}
public procurement Poticy.for MSE$ order, 2012 which is
L. This is with reference to
L mandatoryforallCentralMinistries/Deptts,/PSU$::1L-
sc/sT Entrepreneurs has also become
fr.om MsEs including 4% from MSEs owned by
ree Years since J't AP{i411
L; possible enquiries/ questions
lr- The procurement data are required for replying and also in
Comlnittee on industry
t: asked b,y Department related Farliamentary $tanding
Farliament. The data is also an irnportantinput for
monitoring the Policy'
L
l-
ll
It is therefor€, requested that requisite infor'mation
in respect of your Ministry in
kindty be made available to this
f.- the enclosed prescribed p?oforma (Annexure'A) may
ofiice at an earlY date-
h.. wl/ieh may be useful in implementing the policy and enhancing
The stePe
t- procurernent from MSEs are given at Annexure-B'
E. ltitalsorequestedtokincjlyclesignateanofficerasNodalof{icerfordirectand
poii*y, antl details of ttre same may be provided'
t- speedy monitoring the progress of ihe
be instructeri for strict
t: CPSUs under control of your Ministry may kindly
f compliance of the PolicY.
fri-m
E Encl:
It-
(Annexure:A&B)
'H;l".iJ,T'l,Xl
email: Llme$h.@d$trrsrne'.Eav"io
Telefax:011-23063363
L To the Secretaries
(All Ministries/DePartments)
E
t:
E.
E
t
t,
I
ANNEXURE-ZB €
e*te
Page 314
€
P6-ppseo Target €
,€
€
foiat annual €
pio"uil*.nt (in value)
-
g
5i[fvffiof soods
"a
,io-.utui""t Procured
from MSEs (inctu!t1o,
MSEs owned bY
brs
'
,C
ST entrePreneurs)
€
,g
T6EiGiG-of soods rd
,io-services Procured ^i3
il;;U MsEs owned i€
[y'sct.sr
entrePreneurs
:g
*<
7.age oieroclrement €
from MBE (inctuotng . -,= g
ilnliu o*nLa bY sc /
E€
iiEntt*Preneurs) out *E
of total Procuremem f€
"/o aOe,of
pfooufemerI r=
ad
owned
ii"fi"^it'usEs *=
bvSC/$T
ot
entrePren*urs out *=
total Procurernent --E=
TotalnumPet
==
develoPment
il;;;;n*ts ror MSEs G
+
+
+
+
t
+
-
+
:tr
,*
,#
:
i.
ANNEXURE-ZB
AnnexurefB
Page
ra6e-315
]ol
procurement
be given importance in enhancing
some of the steps as under.may
from MSEs:-
1'Theprovisionsofprocurementpolicytobeincorporatedinallthetenders
invited bY Procurement agencY'
2.organizingvendorDevelopmentProgrammes/buyersellermeets/briefing
meetings for MSE Vendois' ',
i
3,lncaseofneedoflistofMsEve.ndor,NationalsmallindustriesCorporation
andMSME-Developmentlnstitute(afieldformationofDG-MSME)maybe
contacted'
4.Uploadingofprocurementplanindicatingitemwiserequirementonthe
.websitewhichenablesMsEstrpplierstogearupthemselvestoassociatewith
S.lssuanceofinstructionstoCPSUstoachievethetargelofminimum
procurement*of20%fromMSEincluding4YoMSEsownedbySC/ST
, entrepreneurs
t
I
I
I
I
I
I
ANNEXURE-ZB
Page 316
LIST OF ITEMS RESERVED FOR PURCHASE FROM SMALL SCALE INDUSTRIAL

UNITS INCLUDING HANDICARFT SECTOR
Sl. No. Item Description
1. AAC / and ACSR Conductor upto 19 strands

2. Air / Room Coolers
3. Barbed Wire
4. Battery Charger
5. Bolts and Nuts
6. Boots and Shoes of all types including canvas
7. Ceiling roses upto 15 amps
8. Centrifugal Pumps suction and delivery 150 mm x 150 mm
9. Cutters
10. Distribution Board upto 15 amps.
11. Domestic (House Wiring) P.V.C. Cables and Wires (Aluminum)
Conforming to the prescribed BIS Specifications and up to 10.00 mm sq.
nominal cross section.
12. Electric Call bells / buzzers / door bells
13. Electric Soldiering Iron
14. Electric Transmission Line Hardware items like steel cross bars, cross arms
clamps arching horn, brackets etc.
15. Fire Extinguishers (wall type)
16. Fuse Cut outs
17. Fuse Unit
18. Gauze cloth
19. Gauze surgical all types
20. Glue
21. Hand gloves of all types
22. Key board wooden
23. Lamp holders
24. L.T. Porcelain KITKAT and Fuse Grips
25. Metal clad switches (upto 30 Amps)
26. PVC Insulated Aluminium Cables (upto 120 sq.mm) (ISS:694)
27. Studs (excluding high tensile)
28. Transformer type welding sets conforming to IS:1291/75 (upto 600 amps)
29. Washers all types

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DAMODAR VALLEY CORPORATION

CONTRACTS & MATERIALS DEPARTMENT

Works & Procurement Manual-2016

In this revision-03, some clauses/descriptions have been clarified in

The hard copy of the said manual will be published shortly.

Executive Director (C&M)

DAMODAR VALLEY CORPORATION

WORKS & PROCUREMENT

W&P Manual – 2016

SECTION DESCRIPTION PAGE NO.

II. ESTIMATE 6-8

III. PROCEDURE FOR INDENTING 9-12

IV. E-TENDERING 13-17

V. TENDER METHODOLOGY 18-37

VI. QUALIFYING REQUIREMENT 38-48

VII. TENDER DOCUMENT 49-62

VIII. TENDER OPENING & EVALUATION CRITERIA 63-89

IX. TIME FRAME OF TENDERING 90-97

X. ORDER & POST ORDER ACTIVITIES 98-103

XI. VENDOR REGISTRATION 104-131

XII. PERFORMANCE EVALUATION 132-141

XIII. VENDOR REMOVAL 142-147

XIV. NIT FORMAT 148-158

XV. GENERAL CONDITION OF CONTRACT 159-195

XVI. ANNEXURES 196-316

W&P Manual – 2016

W&P Manual – 2016

1) To ensure procurement of equipment, materials, works and services of right quantity, of

3) To create competitive environment by providing opportunity to all qualified eligible bidders

5) To maintain proper co-ordination amongst contractors/suppliers/service providers and Indenting

7) To encourage the development of local vendors/agencies and domestic manufacturing

8) To explore import substitute without compromising quality and price.

W&P Manual – 2016

II POWER FOR MODIFICATION AND DEVIATIONS:

2) In exceptional circumstances, if NIT document/Tender is to be finalised in deviation of the

4) In case of Tender Accepting Authority (TAA) is Board/ Chairman, approval of concerned

III INTERPRETATION / CLARIFICATION OF WORKS & PROCUREMENT

W&P Manual – 2016

W&P Manual – 2016

A) LAST PURCHASE PRICE/ WORK ORDER VALUE:-

1) As the estimated rate/cost is a vital element in establishing the reasonableness of prices, it is

W&P Manual – 2016

C) CHECK LIST FOR ESTIMATE

Name of the Work/Item:

Sl No Basis of Estimate Documents Remarks

1 Last Purchase Price

2 Prevailing Market Rate of major equipments / items for the Package.

3 Last Contract Price vis-à-vis change in scope, if any.

3 Economic Indices for raw materials / labour / market trend,

a) CPWD-DSR along with Cost Index

b) PSUs/ Govt Schedule

c) Approved by Civil Engineering Department, DVC (NSU items)

e) Based on market rate

6 Budgetary Offer Price from reputed manufacturer / contractor (90%

7 Annual inflation rate, if considered.

8 Latest Awarded cost / rate for similar package of other organisation /

9 Any other cost data for the similar package -

10 Estimated Cost in Rupees.

W&P Manual – 2016

PROCEDURE FOR INDENTING

W&P Manual – 2016

SECTION-III: PROCEDURE FOR INDENTING

1) Stock Items (Automatic Recoupment items- AR)

6) Indent should enclose the following documents:

W&P Manual 2016 Revision 03

W&P Manual 2016 Revision 03