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Phone No :044 28527379

Fax no: 044 28525614


E.Mail :cedchs@tnebnet.org
TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED
SPECIFICATION NO: CED/CSR E.378

1 Description of Tender Material & : Fixed and Moving Contacts suitable


for 11KV 200 Amps AB Switches
Quantity Fixed Contacts :4000 Nos
Moving Contacts : 2600 Nos.
2 Due date and time for submission of : 12.00 Hrs. on 25.05.2011 at Central Stores/
sample CEDC/ West /Chennai at Ambattur .

3 Last date for sale of specification : 14.00 hrs on 24.05.2011.

4 Due date and time for receipt of : 14.00 Hrs on 25.05.2011


tender
5 Due date and time of opening of : 14.30 Hrs on 25.05.2011
tender
If the due date, for the tender, happens to be a declared holiday, then the tenders will be received
and opened on the next working day, without any change in timings.
6 Earnest Money Deposit : Rs. 37890/-

7 Method of tender System : Two Part System.

8 Required number of tender copies : In Duplicate


9 Cost of tender Specification : Rs.2500/-
(Non – refundable) :
Additional amount of Rs.100/- (for both inside and outside) to be paid if the tender
document is required by post.
10 Tender should be addressed to : Chief Engineer/Distribution/ Chennai
Region/South,5A Block,
Ist floor,802,Anna Salai, Chennai-2.
11 Any clarification to be sought for : Chief Engineer/Distribution/ Chennai
from Region/South,5A Block,
Ist floor,802,Anna Salai, Chennai-2.
12 Place at which tenders will be : O/o Chief Engineer/Distribution/ Chennai
opened. Region/South,5A Block,
Ist floor,802,Anna Salai, Chennai-2.

CHIEF ENGINEER / DISTRIBUTION


CHENNAI REGION SOUTH
INDEX

SECTION I -- E.M.D.
SECTION II -- B.Q.R.
SECTION III -- REJECTION OF TENDERS
SECTION IV -- INSTRUCTIONS TO THE TENDERERS
SECTION V -- COMMERCIAL TERMS
SECTION VI -- TECHNICAL
SCHEDULE A -- SCHEDULE OF PRICES
SCHEDULE B -- DEVIATION FROM TECHNICAL SPECIFICATION
SCHEDULE C -- DEVIATION FROM COMMERCIAL SPECIFICATION
SCHEDULE D -- STATEMENT OF SUPPLY ORDERS EXECUTED /
UNDER EXECUTION DURING THE PAST THREE
YEARS AS ON DATE OF TENDER

SCHEDULE E -- GUARANTEED TECHNICAL PARTICULARS


SCHEDULE F -- DECLARATION FORM
SCHEDULE G -- UNDERTAKING INLIEU OF EMD
SCHEDULE H -- UNDERTAKING TOWARDS JURISDICTION FOR
LEGAL PROCEEDINGS.

SCHEDULE I -- BANK GUARANTEE IN LIEU OF SECURITY DEPOSIT


SECTION – I
EARNEST MONEY DEPOSIT
1. Tenderers should pay the specified Earnest Money Deposit by A CROSSED DEMAND
DRAFT/ PAY ORDER drawn from any of the Nationalized/ Scheduled/ Foreign Banks
with branches in India payable to Superintending Engineer/Chennai Electricity
Distribution Circle/South T.N.E.B.110/33 KV K.K.Nagar SS Complex, Anna Main
Road, K.K.Nagar, Chennai-600 078 should be obtained and enclosed with tender.
2. Tenderers who wish to pay the EMD amount in cash may do so at the Cash counter of
Superintending Engineer/Chennai Electricity Distribution Circle/South TANGEDCO,
110/33 KV K.K.Nagar SS Complex, Anna Main Road, K.K.Nagar, Chennai-600 078 and
enclose the receipt in Original with tender.
3. Earnest Money Deposit will not carry any interest.
4. The Earnest Money Deposit will be refunded to the unsuccessful tenderers on
application to the Chief Engineer/Distribution/Chennai Region South after
intimation of the rejection /non-acceptance of tender.
5. CHEQUE will not be accepted towards E.M.D. and the tenders will be rejected if E.M.D.
is not paid in the prescribed manner above.
6. Full exemption given from the payment of EMD to;
(i) The Small Scale Industrial units located within the State and Registered with the
Tamil Nadu Small Industries Development Corporation or the National Small Industries
Corporation (NSIC) or Holding Permanent Registration certificate from the District
Industries centers of Directorate of Industries and Commerce in respect of those items for
which the Registration Certificate has been obtained
(ii) Departments of the Government of TamilNadu and Undertakings and Corporations
owned by the Government of Tamil Nadu.
(iii) Labour Contract Co-operative Societies.
(iv) Tiny Industries classified under SSI registered with the state of Tamil Nadu and
Registration Certificate issued by Department of Industries and Commerce / Government
of Tamil Nadu.
(v) Small Scale Industrial units located outside the State and such of those units
registered with National Small Industries Corporation in respect of the items
manufactured by them.
6.1 Those Tenderers who are exempted from payment of E.M.D. shall furnish in lieu of
EMD an undertaking in a non-judicial stamp paper of value not less than Rs 80.00
Rupees eighty only) in the form as per the Specification failing which their
offer will not be opened.
6.2. Those Tenderers who are exempted from payment of E.M.D shall furnish the audited
attested copy of profit and loss account, Balance sheet and also enclose Photostat
copy of their Registration Certificate or entrepreneur memorandum part-II
/acknowledgement issued by District Industries Centres concerned for the
entrepreneur memorandum part-II along with the list of materials manufactured,
duly attested by a Gazetted officer showing the subject materials with capacity which
they are permitted to manufacture and the period of validity of the certificate as proof
of eligibility for exemption from payment of EMD.
6.3 The tenderers shall furnish the audited attested copy of profit and loss account,
Balance sheet along with the proof for exemption from payment of EMD in order to
ensure the SSI status of the firm based on the investment held in Plant Machinery for
extending exemption from paying EMD and also to extend the privilege of price
preference of 15% and purchase preference to domestic SSI units.
6.4 If the investment held by the tenderer in plant and Machinery as per their financial
statement of Accounts exceeds Rs.5 crores, the General Manager, District Industries
Centre concerned will be requested to verify the SSI status of the firm. Till receipt of
confirmation from the General Manager, District Industries Centre concerned, the
exemption from paying EMD for SSI units and price preference and purchase preference
for domestic SSI units will not be extended.
6.5 Others viz. Central and other State Government Departments, Undertakings,
Corporations other than Tamil Nadu shall have to pay Earnest Money Deposit.

7.0. If on opening the outer cover, it is found that the Demand Draft/Pay Order/Proof for
having paid EMD/ Undertaking and proof of exemption from payment of EMD has not
been kept either inside the outer cover or in envelope ‘A’, then the Tender offer will be
summarily rejected without opening.
7.1 The Permanent Earnest Money Deposit kept in the Board will not be taken into
account and all tenderers should invariably pay separate Earnest Money Deposit in
respect of this tender.
7.2 The Earnest Money Deposit made by the Tenderer will be forfeited if:-

a. he withdraws his tender or backs out after acceptance.


b. he withdraws his tender before the expiry of validity of the offer, the
period specified in the Specification, or fails to remit the Security
Deposit.
c. he violates any of the provisions of the regulations contained herein.
d. he revises any of the terms, quoted during the period of validity of their
offers.
e. sample is not produced within the time specified.

7.3 In the event of document furnished with the offer being found to be bogus or the
document containing false particulars then the EMD paid by the tenderer will be
forfeited in addition to blacklisting them for future tenders/contracts in Tamil Nadu
e Electricity Board.
SECTION II

BID QUALIFICATION REQUIREMENTS ( B Q R )

The BIDDERS shall become eligible to bid, on satisfying the following" Bid qualification
Requirements" and on production of the required documentary evidences along with the
Tender.

(i) Tenderers shall be the “Manufacturer” of the tendered material.

(ii) The tenderer should have supplied the tendered material to SEBs/DISCOMs during
the last three years. The Tenderers shall furnish the details of various purchase orders
for the tendered material placed on them by S.E.B./DISCOMS and executed during
the last three years along with the tender. Photo copy of such orders shall be
enclosed along with the tender

(iii) Annual turnover of the tenderer shall be more than Rs.9.40 Lakhs during any one of
the last three years (ie. 2008-09, 09-10, 10-11). Proof for the same should be enclosed
in the tender (Balance Sheet, Profit & Loss Statement). In case of accounts for the
year 2010-11 is not finalized, Certificate from Auditor as to the turn over is to be
enclosed.
Apart from the above, attested copy of Income tax return filed by the bidders, the
attested copy of Sales Tax Clearance Certificate and the attested copy of enlistment
certificate issued by NSIC containing turnover details of the bidder for any one of the
above years, may also be enclosed in the tender as proof for Annual Turnover.

(iv) The offers of Tenderers not satisfying above ‘BQR’ will be summarily rejected.

Note: The offer of the bidders who have stated to be previous suppliers to TNEB
will be considered for further evaluation, even if they have not enclosed copies of
purchase orders, after ensuring with concerned purchase orders placing authorities.

CHIEF ENGINEER / DISTRIBUTION


CHENNAI REGION SOUTH
SECTION-III

1.0 REJECTION OF TENDERS:

1.1 TENDERS WILL BE SUMMARILY REJECTED IF


(a) E.M.D. requirements are not complied with,
(b) Not satisfying Bid Qualification requirement.
(c) received after the expiry of the due date
(d) Samples are not furnished
(e) Samples are not as per specification
1.2 TENDER IS LIABLE TO BE REJECTED IF IT IS:
(a) from any black listed firm.
(b) from tenderer whose past performance/vendor rating is not
satisfactory.
(c) received from the tenderer who is directly or indirectly
connected with Government service or Board service or
services of Local authority.
(d) offer received by Telex or Telegram or Fax or E-Mail.
(e) received without superscription as prescribed in the enquiry
(f) not covered the entire scope of supply.
(g) not in conformity with Board's Commercial and technical
terms
(h) with validity period less than that specified in this specification.
(i) incomplete and evasive.
(j) if the offer does not contain all the required particulars as per
schedules A to H.
(k) not clearly stated whether the company is potentially sick
industrial company in terms of section 23 of section 15 of the
Sick Industrial Companies (special provisions) Act,1985.
(l) Not properly signed by the tenderer.
(m) from Consortium of SSI Units
SECTION - IV
INSTRUCTION TO TENDERERS

1.0 Sealed tenders in Two part System (a) Technical Bid with commercial terms but
without Price Bid and (b) Price Bid, in duplicate will be received for and on behalf of TAMIL
NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED herein after referred
as Board so as to reach on or before the due date prescribed. All the tenders shall be
prepared and submitted strictly in accordance with the Instructions set forth herein.THE
TENDERERS WHO DO NOT FULFILL THE "BID QUALIFICATION REQUIREMENTS”
AS PER SECTION - II NEED NOT APPLY, OFFERS NOT SATISFYING THIS "BID
QUALIFICATION REQUIREMENTS" WILL NOT BE CONSIDERED AND WILL BE
SUMMARILY REJECTED.

1.1 This tender will be processed as per the provision in the Tamil Nadu Transparency in
Tender Act 1998 and Tamil Nadu Transparency in Tenders Rules 2000.

2.0 SCOPE OF SUPPLY:


2.1. The scope of supply of the material includes for design, manufacture, inspection,
testing, packing, forwarding and delivery of the materials detailed herein, at our stores/yards
anywhere in Chennai South Region.

3.0 SUBMISSION OF TENDER OFFER:


3.1. The Tenderer is expected to examine all instructions and Schedules as detailed in the
Specification and submit the Schedule of prices and other required particulars in the
Schedules & Drawings called for in this Specification only as per the formats enclosed
herewith.

4.0 TWO PARTS TENDER


4.1. The Tenders shall be in two parts as detailed below each in a separate sealed Envelope
marked,” ENVELOPE A" and "ENVELOPE ‘B’"
The first envelope called "ENVELOPE ‘A’" shall contain
a) Un priced bid as per Schedules B, C, D, E, F, G & H
(i.e. except Price Bid).
b) Any other information called for in the specification other than price.

THIS ENVELOPE "A" SHOULD NOT CONTAIN ANY PRICE BID


4.1. The second Envelope called "Envelope-B" shall contain the PRICE BID only as per
"Schedule-A".

4.2.The tender documents shall be addressed to the Chief Engineer/Distribution /Chennai South
Region, 1st floor, 802, Anna Salai , Chennai -600 002.

4.3. The Tender in two parts shall be prepared in duplicate and put in a separate sealed
superscribed envelope (Envelope-A and Envelope-B) as instructed above.

4.4. Envelope-A , Envelope-B and the Earnest Money Deposit in approved form or proof of
exemption from payment of EMD shall be enclosed in an overall envelope and this shall be
addressed to the Chief Engineer/ Distribution /Chennai South Region, 1st floor, 802, Anna Salai
, Chennai - 600 002.

4.5. Tenderers should pay the specified Cost of Specification by Cash or by A CROSSED
DEMAND DRAFT/ PAY ORDER drawn from any of the Nationalized/ Scheduled/Foreign
Banks with branches in India payable to Superintending Engineer/ CEDC/South
TANGEDCO,110/33 KV K.K.Nagar SS Complex, Anna Main Road, K.K.Nagar, Chennai-600
078, for sale of tender document at this office and sale of tender document through post. The
Tender documents are also available in the Tamil Nadu Electricity Board Website (www.tneb.in)
and in the Government of Tamil Nadu Website (www.tenders.tn.gov.in) for down-loading free of
cost.

4.6 Envelope "A" and Envelope "B" and the overall envelope should be individually sealed,
superscribed with the Specification number, materials offered and due date of submission and
addressed to the Chief Engineer/Distribution/Chennai South Region, 1stfloor, 802, Anna Salai ,
Chennai-600 002. The Tenderer should also indicate his name and full address on the cover.

4.7. The tender offers in complete shape in one envelope containing Envelope-A and
Envelope-B, as required in Clause 4 shall be sent so as to reach the Chief Engineer/
Distribution /Chennai South Region, on or before 2.00 P.M. on the due date of submission of
offers.

4.8. If on opening the outer cover, it is found that the DD/Banker’s cheque payable at Chennai
towards EMD or proof for exemption of EMD and an undertaking in lieu of EMD ,has not been
kept either inside the Envelope "A" or inside the outer cover then this offer will be summarily
rejected. If any of the Bidders indicated price in Envelope-A, the bid will not be read out
and will be summarily rejected.

4.9. Envelope "B" will not be opened at the time of opening Envelope "A" but will be
authenticated in the covers by the officers authorized to open the bids. Envelope "B" so
authenticated will be kept under the safe custody of the empowered officer, to open the tender.
Envelope "B"- Price Bid will be opened later, the date of which will be intimated to the tenderer
at a later date, after technical evaluation of the tender is completed.

4.10. If the tenderer finds any ambiguity in any of the terms and conditions stipulated in this
Specification, he shall get it clarified from the Chief Engineer/Distribution / Chennai South
Region, TNEB, Electricity Avenue, 5A block, 802 Anna Salai, Chennai -600 002. If this is not
done and subsequent to the opening of the Tenders, it is found that any doubt, about the
meaning or ambiguity in the interpretation, in any of terms and conditions stipulated in this
Specification are raised by the tenderer either in this tender or by a separate letter, the
interpretation or clarification issued by the Chief Engineer/ Distribution/Chennai South
Region, Tamil Nadu Electricity Board, Chennai - 2, on such of those terms and conditions of
the Specification as may be raised by the tenderer shall be final and binding on the tenderer.

4.11. All tender offers shall be prepared by typing or printing in the formats enclosed with the
Specification. One original and one duplicate of the original proposal which are identical shall be
submitted by each tenderer.

4.12. All information in the tender offer shall be in ENGLISH only. It shall not contain
interlineations, erasures or over writings except as necessary to correct errors made by the
tenderer. Such erasures or other changes in the tender document shall be attested by the person
signing the tender offer.

4.13. The tender offer shall contain full information asked for, in the accompanying Schedules
and elsewhere in the Specification.

4.14. The tenderer has the option of sending the offer by Registered Post or submitting the same
in person so as to reach by the date and time indicated.

4.15. In case of postal delivery, tenderers are advised to send them well in advance so that they
are delivered at the Office of the Chief Engineer /Distribution / Chennai South Region, Chennai
- 2, before the set date and time.

4.16. The tenders delivered in person / courier shall be handed over to the Executive Assistant to
the Chief Engineer / Distribution / Chennai South Region, 5 A Block, 802, Anna Salai, Chennai
- 2, before 14.00 Hrs on the due date.

4.17. The Board will not be responsible for any postal or other transit delay in receipt of the
tender offer.

4.18. Telex/Fax or telegraphic offers will not be entertained and will be rejected.

4.19. Any offer received by the purchaser after the due date and time specified for submission of
tender offer will be declared late, rejected and returned unopened to the tenderer.

4.20. No tender offer shall be allowed to be modified subsequent to the deadline for
submission of tender offers.

4.21. Tenderer shall bear all costs associated with the preparation and delivery of its offers, and
the PURCHASER will in no case be responsible or liable for these costs.

4.22. No offer shall be withdrawn by the tenderer in the interval between the deadlines for
submission and the expiry of the period of validity specified/extended validity of the tender
offer.

4.23. Only manufacturers must quote. Tenders received from Agents / Dealers will not be
considered.

5.0 CLARIFICATION TO TENDER DOCUMENTS:

5.1. At any time after the issue of the tender documents and before the opening of the tender,
the Tender Inviting Authority may make any changes, modifications or amendments to the
tender documents and shall send intimation of such change to all those who have purchased the
original tender documents.

5.2. In case any one tenderer asks for a clarification to the tender document before 48 Hrs. of
the opening of the tender, replies to such clarifications will be communicated to all those who
have purchased the tender documents.
6.0 TENDER OPENING:

6.1. The Tender offers except Price Bid will be opened, at 14.30 Hrs on the due date at the
Office of the Chief Engineer / Distribution / Chennai South Region, TNEB, 5A block,
802, Anna Salai, Chennai - 600 002, in the presence of tenderer's authorised representatives
who may wish to be present on the date of opening.

6.2 If the last date set for submission of tender offers and tender opening date happens to be a
holiday, the tenders will be received and opened on the succeeding working day, without any
change in the timings indicated.

6.3 The duly authorised representatives of the tenderers, who are present shall sign the tender
opening register.

6.4 The Tenderer's names, prices, all discounts offered, and such other details, which the
Board, at its discretion, considers appropriate, will be announced and recorded at the time of
opening.

7.0. INFORMATION REQUIRED AND CLARIFICATIONS:

7.1 To assist in the examination, evaluation and comparison of tender offers, the Board may,
at its discretion, ask the tenderer for a clarification of his offers. All responses to requests for
clarification shall be in writing to the point only. No change in the price or substance of the
offer shall be permitted.

7.2 The Board will examine the tender offers to determine whether they are complete,
whether any computational errors have been made, whether required sureties have been
furnished, whether the documents have been properly signed, and whether the offers are
generally in order.

7.3. Prior to the detailed evaluation, the Board will determine the substantial responsiveness
of each offer to the Bidding Documents.
7.4 A substantially responsive offer is one which confirms to all the terms and
conditions of the Specification without any deviation.

7.5 The Tender offers shall be deemed to be under consideration immediately after they are
opened and until such time official intimation of award /rejection is made by the Board to the
tenderers While the offers are under consideration, tenderer, and / or their
representatives or other interested parties are advised to refrain from contacting by any
means, the Board and/or Board's employees /representatives on matters related to the
offers under consideration. Attempt by any tenderer to being to bear extraneous
pressures on the Tender Accepting Authority shall be the sufficient reason to disqualify
the tenderer.

7.6 Mere submission of any Tender offer connected with these documents and Specification
shall not constitute any agreement. The tenderer shall have no cause of action or claim, against
the Board for rejection of his offer. The Board shall always be at liberty to reject or accept any
offer or offers at its sole discretion and any such action will not be called into question and the
tenderer shall have no claim in that regard against the Board.
8.0 EVALUATION AND COMPARISON OF TENDER OFFERS:

8.1 The tender offers received and accepted will be examined to determine whether they
are in complete shape, all data required have been furnished, the tender offer is properly
signed and the offers are generally in order and the tender offer conforms to all the terms
and conditions of the specification without any deviation.

8.2 For the purpose of evaluation of the tender offers, the following factors will be taken into account
for arriving at the evaluated price.

8.3 The quoted price shall be corrected for arithmetical errors. In case of discrepancy between the
prices quoted in words and in figures, lower of the two shall be considered.

8.4 The evaluated price shall include "all central duties like excise duty freight and insurance, packing
and forwarding charges. The TNVAT quoted by the tenderers situated in the State of Tamil Nadu
shall be excluded and CST quoted by the tenderers situated outside the State of Tamil Nadu shall be
included for the evaluation of tender offers, if the bidders are from the State of Tamilnadu and other
states.

8.5 The amount of Sales Tax /TNVAT and percentage of Sales tax/TNVAT shall be indicated in the
offer. The Tamil Nadu Electricity Board is eligible for concessional Tamil Nadu General Sales Tax at
the rate of 4% for supplies as per G.O.Ms. No: 31 Commercial Taxes (B2) dated 27.03.02.

8.6 For the purpose of evaluation of the tender offers, the unit value of materials will be arrived as in
clause 8.4. From this value the lowest offer will be arrived.

8.7 The evaluation and comparison shall include (15%) Fifteen percent price preference for Domestic
small Scale Industrial units and (10%) Ten percent price preference for the public sector undertakings
of the Government in respect of products and quantities manufactured by them.

8.8 Item wise evaluation will be done.

9.0. VALIDITY:

9.1 The tender offers shall be kept valid for acceptance for a period of 180 days
from the date of opening of offers. Offers with lower validity period are liable for
rejection.

9.2 Further, the tenderer shall agree to extend the validity of the bids without altering the
substance, and prices of their bids for further periods, if any, required by the Board.
10. RIGHTS OF THE BOARD:

Not withstanding anything contained in this specification, the Board reserves


the right to :
(a) accept the lowest or any other tender.
(b) revise the quantities at the time of placing orders.
(c) reject any or all the tenders if in the opinion of the purchaser, the
qualification data is incomplete or the bidder is found not qualified to
satisfactorily perform the contract.
(d) to split the tender quantity and place orders on one or more than one
firm to meet the delivery requirements.
(e) relax or waive or amend any of the conditions stipulated in the tender
Specification wherever deemed necessary in the best interest of the Board.
(f) recover losses if any sustained by Board, from the supplier who pleads his
inability to supply, and backs out of his obligation after award of contract,
the Security Deposit paid shall be forfeited.
(g) to cancel the orders for not keeping up the delivery Schedule.
(h) to order either all items or a few items.

11.0.DEVIATIONS:

11.1. The tenderer shall furnish, any deviations in the technical and commercial terms in the annexed
schedules B and C respectively. If no deviations are furnished it will be construed that the tenderer is
accepting all terms specified in the specification. Similarly if any deviations are furnished in the
specified forms it will be construed that these are the only deviations and the tenderer is accepting all
other terms of the specification and the offer will be taken for evaluation if the deviations are
acceptable to Board or otherwise the offer will be rejected.

11.2 THE OFFERS OF THE TENDERERS WITH DEVIATIONS IN COMMERCIAL


TERMS OF THE SPECIFICATION ARE LIABLE FOR REJECTION.

11.3. NO ALTERNATE OFFER WILL BE ACCEPTED.

12.0 APPEAL:

Any tenderer aggrieved by the order passed by the Tender Accepting Authority under
section-10 of the Tamil Nadu Transparency in Tenders Act 1998 may prefer an appeal to
Government within 10 (ten) days from the date of receipt of order.

13.0 BAR OF JURISDICTION:

Save as otherwise provided in the Tamil Nadu Transparency in Tender Act, 1998 no
order passed or proceedings taken by any officer or authority under this Act shall be called in
question in any court and no injunction shall be granted by any court in respect of any action
taken or to be taken by such officer or authority in pursuance of any power conferred by or
under this Act
*******
SECTION -V
COMMERCIAL
1.0. DETAILS OF CONSTITUTION OF FIRM:
1.1 The tenderers shall furnish documentary evidence for the constitution of the firm
such as Memorandum and Articles of Association, Partnership Deed etc. with
details of Name, Address, Telephone, Fax Nos, E-.Mail, Electricity Board
service connection No., etc. of the manufacturing plants

2.0 BALANCE SHEETS FOR THREE YEARS:


2.1 The Tenderers shall furnish copies of balance sheet, profit and loss account for
the years 2008-2009, 2009-2010 and 2010-2011 duly certified by the Auditor.
2.3. In case 2010-2011 accounts are not finalized the bidders shall furnish Annual
turn over statement for the year 2010-2011 duly certified by the Auditor.

3.0. DETAILS OF PURCHASE ORDERS ALREADY EXECUTED:


3.1. The Tenderers shall furnish the documentary evidence with details of various
purchase orders placed on them by T.N.E.B. and other State Electricity Boards/
Government Organisations and executed during the last three years as on date of
tender for manufacturing and supply of the tendered material (Photostat copies
of previous POs shall be enclosed along with the tender)

4.0. PRICE:
4.1. The Tenderers are requested to quote FIRM price only, valid for one year from
the date of issue of purchase order.
4.2. The prices quoted should be "Unit All inclusive price "including Excise duty
with education cess and excluding Sales Tax for delivery to TNEB stores
anywhere in Chennai Region, including Chengalpattu. A format for price
schedule is given in Schedule 'A'.
4.3 Split up details of the FOR destination TANGEDCO stores price should also be
furnished as detailed below.
(i) Ex-works price per unit
(ii) Excise duty on Ex- works price with Edu.Cess per unit with percentage and
amount.
(iii) Sales tax and surcharge on Sales tax if any as applicable, payable on the ex-
works price plus excise duty with Edu. Cess with percentage and amount.
(iv) Packing, forwarding, freight, transit insurance covering storage at stores /site for
60 days from the date of receipt at stores and any other incidental charges per
unit.
(v) Other duties and taxes if any.
(vi) Total of (i) to( v)
(vii) The Quoted price will be corrected for arithmetical errors. In case of discrepancy
between the prices quoted in words & figures the Lowest of the two will only be
considered.
4.4 It is the responsibility of the tenderer to make sure about the correct rates of
duties/taxes leviable on the materials at the time of tendering. If the rates
assumed by the Tenderers are less than the current rates prevailing at the time of
tendering, the Board will not be responsible for the mistake.
4.5. The tenderer should quote their rates taking into account the Excise duty relief
available to them on account of duty paid for procurement of raw materials
under CENVAT scheme.
5.0. EXCISE DUTY:

5.1 It is the responsibility of the tenderer to make sure about the correct rates of duty
leviable on the materials at the time of tendering. If the rates assumed by the
Tenderer are less than the current rates prevailing at the time of tendering, the
Board will not be responsible for the mistake. If the rates assumed by the
Tenderer are higher than the current rates prevailing at the time of tendering, the
Excise Duty prevailing at the time of tendering will only be paid.
5.2. Any increase in Excise duty consequent to the suppliers coming into different
duty slab during the execution of the contract shall have to be taken into account
and the all inclusive FIRM price shall be quoted accordingly by the tenderers.
No claim for increase in the above respect will be admitted. Any variation in
excise duty due to statutory variation within the contract delivery date shall be
considered.
5.3. In case of delayed delivery the Excise duty prevailed on the date of actual
delivery or the excise duty applicable on the date of contractual date of delivery
whichever is less shall be admitted. This duty is payable on the basic ex-
factory price only and this basic price, for the purpose of calculation of excise
duty on finished products, should be indicated and for any decrease the
benefits shall be passed on to the Board.
5.4. In accordance with Excise Regulation now in force authenticated Invoices
should be submitted for making initial payment.
5.5. A statement of Excise duty paid by the supplier to the Excise Department,
consignment war duly certified either by the Excise Authorities concerned or by
an Auditor, covering the quantity supplied should be submitted to the Circle
concerned before claiming final payment.
5.6. "Authenticated invoice containing details of Central Excise Registration
No,PLA No, etc., Date and time of removal of Goods, Date of entry in PLA/RG
23 duly authenticated by the authorised signatory shall be preferred in support of
claims for Excise duty.
5.7 The supplier shall furnish an undertaking to the effect that any statutory levies
like excise duty, Sales Tax etc., claimed and reimbursed by the Board is final
and that there is no dispute over the liability for such levies between the supplier
and the Government. An undertaking shall also be furnished that if the supplier
has subsequently got any refund out of the duty/tax paid and if it is established
that the supplier is not liable to pay the duty/tax paid, the benefits should be
passed on to the Board.
5.8 The Tenderer who have quoted ED as NIL and in the event of placement of
order on such tenderer against this specification where the value of the order is
above Rs.150 lakhs, such tenderer shall furnish an undertaking to the effect that
ED commitment on account of crossing the turnover slab will be discharged to
the ED, authorities and that the Board shall not be responsible for any ED
evasion by the tenderer in respect of this transaction.
5.9 In case of the tenderer who has quoted ED as NIL and in the event of placement
of order against this specification and the proposed order value is less than Rs.
150 lakhs, the tenderer shall furnish an undertaking to the effect that he has not
obtained any other order in the financial year and that the Board shall not be
responsible for any ED evasion if any by the tenderer in respect of this
transaction.
6.0. SALES TAX :
6.1. The Central Sales Tax/TNVAT will be paid extra as applicable. The amount of
Central Sales Tax/TNVAT and percentage payable shall be indicated
separately in the Tender offer .Central Sales Tax/TNVAT is not applicable to
Freight and Insurance charges.
6.2. The Board has been registered as a dealer, under Central Sales Tax Act 1956
under Registration No.32929/81-82 dated 18.1.82. Appropriate Central Sales
Tax in accordance with the provisions of the relevant Act in force shall be
included by the tenderer in the price quoted.
The Commissioner of Commercial Taxes in their Lr. No.VAT cell/ 2952/ 07
(VCC No.995)dt. 6.08.07 has clarified that exemption already granted for
registration of TNEB will continue as per Section 88 (3)(i) of the VAT Act
2006. Hence TIN shall not be applicable to TNEB.
As per Sl.No. 305 of Annexure to TNVAT Act,2006 sale of any goods
except Petrol, Diesel and Cement to TNEB for use in Generation, Transmission
and Distribution of Electrical Energy will attract TNVAT @ 4% as per G.O
Ms.No.31, Commercial Tax (B2) Dt.27.03.2002.
The Commissioner of Commercial Taxes has confirmed in their Lr.No. VAT
Cell/2952/07(VCC No.995)dt. 6.08.07 that exemption is continued as per Sec.
88 (3)(i) of the TNVAT Act 2006.

Hence the tenderers are requested to quote appropriately TNVAT @ 4% even if


the items attract VAT @ 12.5% for the goods to be supplied to TNEB used in
Generation, Transmission and Distribution of Electrical Energy except Cement,
Diesel and Petrol. The necessary certificate as per G.O shall be furnished .
6.3 In case of delayed delivery the Central Sales Tax/TNVAT prevailing on the date
of despatch or on the last day of the contractual delivery period whichever is
LESS will be admitted. For supplies made within the delivery period, Central
Sales Tax/TNVAT as applicable on the date of supply, will be admitted. For
both the cases the supplier shall furnish documentary evidence while submitting
the bills for payment. For any decrease, the benefits shall be passed on to the
Board.

6.4 Provided always, it is hereby agreed and declared that in case, where the Board
has doubt and belief that Central Sales Tax/TNVAT is not at all payable for the
transaction in question, the Board reserves the right to with-hold the amount
of tax until the party produces an order of court of competent jurisdiction,
declaring the liability of the transaction to Central Sales Tax/ TNVAT.
Concessional rate of Central Sales Tax/TNVAT if any shall be taken into
account and included in the price quoted giving proof thereof.
6.5 It is the responsibility of the tenderer to make sure about the correct rates of
Central Sales Tax/TNVAT leviable at the time of tendering. If the rate assumed
by the tenderer is less than the current rates prevailing at the time of tendering,
the Board will not be responsible for the mistake. If the rates assumed by the
Tenderer are higher than the current rates prevailing at the time of
tendering, the difference will be to credit of the Board. In respect of the
Inter State Sales 'Form C' declarations may be obtained from the paying
Officer concerned wherever the concessional rate of Central Sales Tax is
applicable
6.6. The following certificates have to be furnished for admittance of claim of
sales tax.
(i) Certified that the transaction in which the Central sales tax/TNVAT has been
claimed/ will be included in the return submitted /to be submitted to the Central
sales tax/TNVAT authorities for assessment of the Central sales tax/TNVAT
and the amount of Central sales tax/TNVAT claimed from the purchaser has
been /will be paid to sale tax authorities
(ii) Certified that the goods on which the Central sales tax/TNVAT has been
charged has not been exempted under C.S.T. Act or TNVAT and the rules made
there under and the charges on account of Central sales tax/TNVAT on these
goods are correct, under provisions of relevant Act or rules made there under
(iii) Certified that we shall indemnify the Board, incase it is found later on that
wrong / incorrect or excess payment has been recouped on account of Central
sales tax/TNVAT paid by us.
(iv) Certified that we are registered as dealer under the Central sales tax Act and our
Registration No is…..and under TNVAT Act 2006 and our Registration No is….
(v) Certified that TNVAT credit availed by me has been taken into account in the
rates quoted.

7.0. SECURITY DEPOSIT:

7.1. The successful tenderer will have to pay a Security Deposit of 5% of the value of
the contract in the form of Demand Draft/Banker's Cheque/Bank guarantee on
any Nationalised/ Scheduled Bank or Foreign Banks with Branches in India.
7.2. The Security Deposit will be repaid to the supplier only if the contract is
completed to the satisfaction of the purchaser. If the purchaser incurs any loss or
damages on account of breach of any of the clauses or any other amount arising
out of the contract becomes payable by the supplier to the purchaser, then the
purchaser will in addition to such other dues that he shall have under the law,
appropriate the whole or part of the security deposit and such amount that is
appropriated will not be refunded to the supplier.
7.3. The successful tenderer will have to furnish the Security Deposit within 15
days from the date of receipt of purchase order failing which their E.M.D.
shall be liable for forfeiture and the purchase order would be cancelled.
Alternatively interest charges at 22% per annum or as fixed by the Board will
be levied for belated payment of SD from the due date of payment, till the
date of actual payment of Security Deposit. The same will be deducted from
their first bill. The Security Deposit will not carry any interest.
7.4. The successful tenderer will be intimated to depute an authorised representative
to peruse the draft purchase order to give concurrence to the draft purchase
order. If he wants any change in the conditions, it should be immediately
intimated for changing the terms or for considering the next suitable tender if the
requested change is not suitable to the Board. On giving concurrence by the
tenderer to the draft purchase order, he has to pay the security deposit as detailed
above.
7.5. Failure to comply with the terms regarding security deposit set out in the
purchase order within the stipulated time by the successful tenderer will result in
the cancellation of the purchase order without any further reference to the
suppliers.
8.0 INSURANCE :

8.1. Contracting firms shall arrange insurance for the equipment and all its
accessories being supplied by them, through any of the Nationalised Insurance
Companies.The equipment shall be insured to cover transport (from Warehouse)
and 60 days storage risk at site. The damages, if any, during transit will be
reported within 30 days of receipt of materials. It will be the responsibility of
the supplier to replace the defective/damaged materials and make good the
shortages and other losses in transit, free of cost, lodge and recover claim
from Insurance, Under-writers/Carriers.

9.0. PACKING AND FORWARDING:

9.1 The equipment and all its accessories shall be securely packed and despatched,
freight paid, duly insured, at supplier's risk and cost. The packing may be in
accordance with the manufacturer's standard practice. The supplier is responsible
for ascertaining the facilities that exist for Road Transport to site. Each package
shall be clearly marked and contain detailed packing list, such as gross weight,
net weight etc. the supplier is solely responsible for any loss or damage during
transport. The despatch of materials shall be only after the approval of test
certificates by the Board. The Equipments/ /Materials shall be unloaded at
destination store/ site by the supplier at free of cost.
9.2. Each consignment shall be accompanied by a detailed packing list containing the
following information.
(a) Name of the consignee.
(b) Details of consignment
(c) Destination
(d) Total weight of consignment
(e) Handling and unpacking instructions.
(f) Bill of material indicating contents of each package.

9.3. The supplier shall ensure that the bill of material is approved by the purchaser
before despatch.
9.4. The supplier is responsible to make sure about the facilities that exist for
Road and Rail transport to site, the maximum packages which can be conveyed
by the railways and crane lift available at the destination railway station.
The supplier is also responsible for any loss or damage during transport and
storage for 60 days.

10.0. PAYMENT :
10.1. Payments will not be made for materials damaged during transit. All defective
materials shall be replaced by the supplier free of cost.

10.2. Payments for the supplies will be made by cheque on any one of the
Nationalised Banks/ Scheduled Banks approved by Reserve Bank of India, in
Tamil Nadu. The Bank charges involved in making the payment will be to the
account of theTenderer.
10.3 i)For materials delivered within the delivery period:
a) 95% of the all inclusive price (including Sales Tax) of the materials of
each consignment will be paid within a reasonable time after receipt of
materials and submission of bills with required documents,.
b) Balance 5% payment will be paid within a reasonable time after
completion of entire supply.

10.4 ii) For materials delivered beyond the delivery period:


a) 95% of the all inclusive price (including sales tax) of the materials after
deducting the appropriate amount of L.D of each consignment will be
paid within a reasonable time after receipt of materials and submission of
bills with required documents.
b) Balance 5% payment will be paid within a reasonable time after
completion of the execution of the contract and after closure of the
purchase order.

iii) For the delayed payments, if any, Board will not pay any interest on any
account.
10.5 THE MATERIALS DELIVERED BEYOND THE CONTRACTUAL
DELIVERY PERIOD WILL BE ACCEPTED SUBJECT TO THE
FOLLOWING CONDITIONS:
(i) After getting approval from the competent authority.
(ii) If any increase in statutory levies like excise duty and sales tax etc, or new
levies, if any during the delay period the same should be borne by the
supplier.
(iii) There should be no declining trend in prices.
(iv) Payment will be released as per the latest purchase order rates or lowest rates
obtained during the recent tenders opened subject to levy of liquidated damage
for belated supplies.
(v) Board reserves the right to accept or reject the delayed supplies without
assigning any reason there for and take action as per the other terms and
conditions of this specification.
10.6 The bills for payment will be passed only after the approval /acceptance of the
following.
(a) Security Deposit.
(b) Sales Tax Clearance Certificate.
(c) Undertaking towards jurisdiction for Legal Proceedings
(d) Guarantee certificate
10.7 The supplier should despatch only after getting despatch instruction from
consignee.If the supplier despatches the materials without the prior approval of
the purchaser, then the purchaser shall not be responsible for any demurrage or
wharfage or both and only the supplier should bear any expenditure arising out
of such unapproved dispatches.

11.0. DELIVERY :
11.1. 20% of the ordered quantity shall be supplied within two months from the
date of receipt of Purchase Order. Balance materials shall be supplied @ 20%
per month in the next four months thereafter.
The delivery period offered should be specified in the Tender in clear and
unambiguous terms.
11.2. If the guaranteed delivery period is not kept up, the liquidated damages specified
in Clause - 13 will be enforced.

11.3. The Board is at liberty to alter the delivery schedule to suit its need as and when
necessity arises, during the pendency of the contract.

11.4. Board reserves the right to cancel the quantities not supplied as per delivery
schedule.

11.5. Board is also reserves the right to cancel the order if the delivery schedule is not
kept up without any further notice to you.

11.6. The actual date of receipt of material at store will be reckoned as the date of
delivery for the purpose of calculation of Liquidated damages.

11.7. Delivery period will not normally be extended. Hence all efforts shall be taken
to deliver the materials within the contractual delivery period.

11.8. The supplier should despatch the materials only after getting dispatch Instruction
from the Chief Engineer/Distribution/Chennai South If the supplier despatches
the materials without the prior approval of the purchaser, then the purchaser
shall not be responsible for any demurrage or wharfage or both and only the
supplier should bear any expenditure arising out of such unapproved despatches.

12.0. FORCE MAJURE:


12.1. If at any time, during the continuance of the contract, the performance in
whole or in part, in any obligation under this contract, shall be prevented or
delayed by reasons of any war, hostility, acts of public enemy, acts of civil
commotion, strikes, lockouts, sabotages, fires, floods, explosions, epidemics,
quarantine restrictions or other acts of God (herein after referred to as
eventualities) then, provided notice of the happening of any such eventuality
is given by the tenderer to the Board within 15 days from the date of occurrence
thereof, neither party shall, by reasons of such eventuality, be entitled to
terminate this contract nor shall have any claim for damages against the other
in respect of such non performance or delay in performance and deliveries
under this contract, shall be resumed as soon as practicable after such
eventuality has come to an end or ceased to exist.

12.2. Provided that if the performance in whole or part by the supplier on any
obligation under this contract is prevented or delayed by reasons of any
eventuality for a period exceeding 60 days, the Board may at its option
terminate this contract by a notice in writing.

12.3. It is hereby specifically agreed that time is the essence of the contract. The
termination of the contract as afore said shall not absolve the supplier/
Contractor of his liability to pay damages to the Board for the breach of
contract to deliver the goods or complete the performance of the contract with
in the time fixed by the Purchase order.
13.0. LIQUIDATED DAMAGES :
13.1. The delivery as specified should be guaranteed by the supplier under the
liquidated damages clause given below:
13.2. If the supplier fails to deliver the equipments/materials within the time specified
in the contract or any extension thereof, the purchaser shall recover from the
supplier as liquidated damages, a sum of HALF PERCENT (0.5%) of the
contract price of the undelivered equipments/ materials for each completed week
of delay. The total liquidated damages shall not exceed TEN PERCENT (10%)
of the total contract price. Only the date of actual receipt of materials at stores
will reckoned as date of delivery for this purpose.
13.3. It should be noted that if a contract is placed on a higher tenderer in preference
to the lowest acceptable tender in consideration of the offer of earlier delivery,
the said contractor will be liable to pay the Board the difference between the
contract rate and that of the lowest acceptable tender in case of failure to
complete the supplies in the tender and incorporated in the contract.
13.4. This is without prejudice to other rights under the terms of contract
Equipment will be deemed to have been delivered only when all its component
parts are also delivered. If certain components are not delivered in time the
equipment will be considered as delayed unless the missing parts are delivered.
13.5. Liquidated damages will also be levied for the quantity not supplied as is done
for the delayed supplies. If supplies effected in part which could not be
beneficially used by the Board (due to such in- complete supply), liquidated
damage will be worked out on the basis of entire contract price only and not on
the value of delayed portion.
13.6. If supplies to be rendered are made by the supplier beyond the period of
delivery and they are accepted by the Board, such acceptance is without
prejudice to Board's right to levy liquidated damages for the delay in supply.
13.7. If the ordered materials are not delivered, the purchaser shall recover from
the supplier, as liquidated damages, sum of TEN PERCENT (10%) of the
contract price of the equipments/materials so undelivered besides forfeiture of
Security Deposit .
13.8. The suppliers are liable to pay the amount of loss sustained by the Board in
the event of non-execution of orders, if any placed on them, either in full or
part to the satisfaction of the Board under the terms of conditions of
contract and in the event of placing orders for such quantities on some
others at a higher price.
13.9. Tenderers not giving clear and specific acceptance to the above clauses are liable
to be rejected.
13.10. If there is any downward trend in prices on account of belated supplies, you have
to accept the same with the levy of liquidated damages, for belated supplies.
14.0 LOSS OR DAMAGE:
14.1. External damages and/or shortages that are prima facie, the results of rough
handling in transit or due to defective packing will be intimated within one
month from the date of receipt of the materials at site. Internal defects, damages
or shortages of integral parts which cannot ordinarily be detected on superficial
visual examination, due to bad handling in transit or defective packing, would be
intimated within 2 months from the date of receipt of materials. In either case,
the defective materials shall be replaced/rectified by the supplier, free of cost.
14.2. If during the period of supply, it is found that goods already supplied are
defective in material or workmanship or do not conform to specification or
unsuitable for the purpose for which they are purchased, then it will be open
to the purchaser either to reject the goods or repudiate the entire contract and
claim such loss that the purchaser may suffer on that account or require the
supplier to replace the defective goods, free of cost.
14.3. Similarly, if during the guarantee period, any of the goods found to be defective
in materials or workmanship or do not conform to specification or unsuitable
for the purpose for which they are purchased, it will be open to the purchaser
either to repudiate the entire contract and claim damages or accept such parts
of the goods that are satisfactory and require the supplier to replace the balance
or to claim compensation for the entire loss sustained by the purchaser on that
account.
14.4. In the event of supplies being received damaged or any shortages at the
destination stations, the cost of such materials, excise duty and sales tax (if
payable) and other charges payable thereof will be paid only proportionate to
the value of materials received in good condition, unless the damaged goods or
short supplies are made good free of cost by the suppliers.
14.5. For all legal purposes, the materials shall be deemed to pass into the Board's
ownership at the destination stores, where they are delivered and accepted.

15.0. GUARANTEE:
15.1. The material should be guaranteed for satisfactory operation and good
workmanship for a period of 24 months from the date of commissioning or 36
months from the date of receipt of materials at site in good conditions
whichever is later, subject to an overall guarantee period of 36 months from
the date of supply under normal and proper conditions of service and
maintenance. Any defect noticed during this period shall be rectified by the
supplier free of charge to the Board.

15.2. Irrespective of number of failures and repairs, the suppliers are responsible
for free replacement of the defective materials.

15.3. A written guarantee guaranteeing the Board against the defects in the materials
supplied either in materials or workmanship should be furnished preferably on
the first bills for payment.

15.4. The incidental expenses, transport and freight charges for the replacement of
defective materials within the guarantee period may also be borne by the
supplier.

15.5. The tenderers shall guarantee among other things, the following:

i) Quality and strength of materials used.


ii) Performance figures given by the tenderers in the schedule of Guaranteed
technical particulars - in Schedule – E

16.0. REPLACEMENT OF DEFECTIVE / DAMAGED MATERIALS:


16.1. Not withstanding anything contained in Liquidated Damages clause of this
specification, where the whole or part of the materials supplied by the supplier
are found to be defective or damaged or are not in conformity with the
specification or sample or the remarks pointed out by Board subsequent to
inspection, such defects or damages in materials supplied shall be rectified
either at the point of destination or at the supplier's works at the cost of the
supplier against proper security and acknowledgement. In the alternative, the
defective or damaged materials shall be replaced free of cost within two months
on receipt of intimation from the purchaser of such defects or damages. If the
defects or damages are not rectified or replaced within this period, the contractor
shall pay the liquidated damages of 1/2% (0.5 percent) per week for the delay
from the date of receipt of intimation of the defects or damages, subject to a
maximum of 10%(ten percent).
16.2 In the event of supplies being received damaged or short at the destination
stores, the cost of such materials with Excise Duty, Sales Tax and other charges
payable thereof, will be paid only proportionate to the value of the materials
received in good condition unless the damaged goods or short supplies are made
good free of cost to the Board by the suppliers.
16.3 If during the period of supply it is found that goods already supplied are
defective in materials or workmanship or do not conform to the specifications
or are unsuitable for the purpose for which they are purchased, then it will be
open to the purchaser either to reject the goods and repudiate entire contract
and claim such loss that the purchaser may suffer on that account or require the
contractor to replace the defective goods free of cost.
16.4 Similarly, if during the guarantee period stipulated under guarantee clause,
subsequent to the date of receipt of the goods ,any of the goods be found to
be defective in materials or workmanship, or do not conform to the specification
or are unsuitable for the purpose for which they are purchased, then it will be
open to the purchaser either to repudiate the entire contract and claim damages
or accept such part of the goods that are satisfactory and require the
contractor to replace the balance or pay compensation to the extent of the
loss sustained by the purchaser on that account.
16.5 “Notwithstanding any other remedies available, the Purchaser shall be entitled to
dispose of the defective/damaged materials in ‘as is where is condition’ without
further notice, if the contractor/supplier fails to rectify the defect and/or replace
the damaged materials and/or fails to remove the defective/damaged materials
within such period as may be notified by the Purchaser through notice and the
same proceeds of such disposal shall be appropriated towards the dues to the
Board such as Liquidated Damages, ground rent, etc. as may be determined by
the Purchaser”.

17.0. FAILURE TO EXECUTE THE CONTRACT:

17.1. Suppliers failing to execute the order placed on them to the satisfaction of the
Board under the terms and conditions set forth therein, will be liable to make
good the loss sustained by the Board, consequent to the placing of fresh
orders elsewhere at higher rate, i.e., the difference between the price accepted
in the contract already entered into and the price at which fresh orders have
been placed. This is without prejudice to the imposition of liquidated damages
and forfeiture of Security Deposit for the breach of contract.

18.0 NON-ASSIGNMENT:
18.1. The supplier shall not assign or transfer the contract or any part thereof
without the prior approval of the Purchaser.
19.0. EFFECTING OF RECOVERIES:
19.1. Any loss, arising incident to non-fulfillment of this contract or any other
contract, will be recovered from the Security Deposit held or any other amount
due to the supplier from the Board.

20.0. SALES TAX CLEARANCE CERTIFICATE:


20.1. The tenderer should enclose with the tender, a copy of certificate of sales tax
clearance for the previous year from the appropriate Sales Tax Authorities.
20.2 Tenderers should furnish the PAN Number assigned by the IT Dept.
NOTE: The successful tenderer should submit the latest copies of STCC after receiving
the order.

21.0. PATENT RIGHTS ETC :


21.1. The supplier shall indemnify the purchaser against all claims, actions, suits and
proceedings for the infringement or alleged infringement of any patent,
design or copy right protected either in the country of origin or in India by the
use of any equipment supplied by the supplier, other than for the purpose
indicated by or reasonably to be inferred from the specification.

22.0 JURISDICTION FOR LEGAL PROCEEDINGS:


22.1. No suit or any proceedings in regard to any matter arising in any respect
under this contract shall be instituted in any court, save in the appropriate
civil court of Chennai or the court of small causes at Chennai. It is agreed that
no other court shall have jurisdiction to entertain any suit or proceedings, even
though, part of the cause of action might arise within their jurisdiction. In case
any part of cause of action arises within the jurisdiction of any of the courts in
Tamil Nadu and not in the courts in Chennai City, then it is agreed to between
parties that such suits or proceedings shall be instituted in court within Tamil
Nadu and no other court outside Tamil Nadu shall have jurisdiction, even-
though any part of the cause of action might arise within the jurisdiction of
such courts. An UNDERTAKING in this regard should be furnished on receipt
of Purchase Order as per schedule-H.

23.0. ARBITRATION:
23.1. The Board will not accept any arbitration in case of disputes arising in any
respect under this contract. Any dispute arising out of this contract shall not
be subject to arbitration under the provisions of Arbitration Act 1940 in the
event of any dispute between the parties.
24.0. DEVIATIONS FROM SPECIFICATION:
24.1. If the tenderer wishes to deviate from the provisions of this specification, he
shall list out such deviations, in the format enclosed and submit full particulars
and reasons therefore. Unless this is done, the equipment / material offered shall
be considered to comply, in every respect within the terms and conditions of
this specification.

25.0. RESPONSIBILITY:
25.1. The tenderer is responsible for safe delivery of the materials at the destination
stores. The tenderer should include and provide for packing and secured
protection of the materials so as to avoid damages or loss in transit.
26.0. QUANTITIES:
26.1. The quantities mentioned in this specification are only tentative. The purchaser
reserves the right to revise the quantities at the time of placing the order and for
ordering more or less materials during the pendancy of the order at the accepted
rates by plus or minus 25%.

27.0. CLIMATIC CONDITIONS:


271. The materials are for use in Tamil Nadu and should be satisfactory for operation under
tropical conditions in Tamil Nadu.

28.0. RECOVERIES OF DUES:


28.1. (a) The Board is empowered to recover any dues against this contract in any bills Security
Deposit Earnest Money Deposit due to the suppliers either in this contract or any other
contracts with Board .
(b) To recover any dues against any other contract of the suppliers with Board,
With the available amount due to the suppliers against this contract.

29.0. PAST PERFORMANCE:


29.1. The intending tenderers shall furnish the details of various supply orders/ work
contracts executed by them for the past three years as on the date of Tendering in
the proforma enclosed in the Tender Specification and also the proof for having
manufactured the tendered item and for their satisfactory performance. The details
furnished by the tenderers shall be in complete shape and if it is found that any
information is found omitted, suppressed, incomplete or incorrect, the same will be
taken note of while dealing with the Tenderers in future. The original copy of the
above orders shall be submitted for verification on demand.

30.0. MAXIMUM WEIGHTS AND DIMENSIONS OF PACKING:


30.1. The supplier is responsible to make sure about the facilities that exist for Road and Rail
transport to site, the maximum packages which can be conveyed by the railways and
crane lift available at the destination railway station. The supplier is also responsible for
any loss or damage during transport and storage for 60 days.
30.2. Each case or package should be clearly marked and should contain detailed packing list.
31.0. INTERCHANGEABILITY:
31.1. All similar parts and removable parts of similar items shall be interchangeable with
each other.

32.0. MATERIALS AND WORKMANSHIP:


32.1. All materials, equipments and spare parts thereof shall be new, unused and originally
coming from manufacturer's works to the destination stores. Those including used,
rebuilt or overhauled materials/ equipments will not be accepted.
32.2. All the materials shall be of best class and capable of satisfactory operation in the
tropics with humid atmospheric condition, unless otherwise specified, they shall
conform to the requirements of appropriate India Standards. Where these are not
available, IEC and American/ British Standards shall be followed.

33.0. RAW MATERIALS:


33.1. It is the responsibility of the tenderer to make his own arrangement to procure the
necessary raw materials required for the manufacture.

CHIEF ENGINEER/DISTRIBUTION
CHENNAI SOUTH REGION.
SECTION - VI
TECHNICAL
(A) FIXED CONTACTS 200Amps
The Fixed Contacts suitable for 11KV 200A AB switches as per TNEB’s specification
and drawing. It should consists the following components with dimensions and quantities
mentioned as below:
Sl Name of components Materials to be Size in mm Length in Quantity
No utilized mm Required
1 Jaws plate Copper flat 50 x 3 250 1 No
2 Jaw casing M.S.flat 90 x 3 80 2 Nos
3 Bolts & Nuts for G.I.Bolt & Nuts 37 x 10 3 Nos
fixing item 1 & 2
4 Spring (Heavy duty) Steel SWG 12 - 4 Nos
5 Lead flat Copper flat 36 x 6 120 1 No
6 Bolts & Nuts for G.I. Bolts & Nuts 56 x 10 3 Nos
fixing jaw on the top
plate
7 Jumper-jaw side Copper flexible 10mm dia 266 1 No
(pressed into socket at rope
both ends) Copper flat 25 x 3 137 1 No
Copper flat 25 x 3 87 1 No

8 Arcing Horn (Jaw MS Rod 10mm dia 500 1 No


side) (Galvanized)
9 Cleat GI sheet 40 x 2.5 80 1 No
10 Base (top) plate MS Flat 100 x 6 125 1 No
(Galvanized)

(B) MOVING CONTACTS 200AMPS

The Moving Contacts suitable for 11KV 200A AB switches as per TNEB’s
specification and drawing. It should consist the following components with dimensions
and quantities mentioned as below:
Sl Name of components Materials to be Size in mm Length in Quantity
No utilized mm Required
1 Knife Angle M.S.Angle 40x40x6 450 1 No.
2 Knife (Male contact) Copper Flat 37x6 300 1 No.
3 Special clamp with M.S.Rod 12 95 1 Set
sockets (welded to the Copper flat 37 x 6 200
angle) Copper flat 37 x 6 100
4 Arcing Horn MS Rod 10 dia 350 1 No
(Knife side) (Galvanized)

5 Cleat for fixing arcing G.I.Sheet 40 x 2.5 70 1 No.


horn
6 Bolts and Nuts for G.I. Bolts & Nuts 37 x 6 8 Nos.
fixing item 1,2,3,5 37 x 8 2 Nos.

7 Jumper with socket Tinned copper


(Knife side) flexible wire rope,
crimped with
heavy duty copper
lugs suitable for
10mm Ø flexible
copper with stud
hole 10 dia 432 1 No.
Copper flat 25 x 3 137 1 No.
Copper flat 25 x 3 87 1 No.
NOTE:
1.G.I. Bolts of various sizes necessary for the assembly of the contacts should be provided.
2. Washers must be provided for all the bolts and nuts.
3. Holes provided in the contacts have to be of slotted type.

2.0 SAMPLES:
Tenderers quoting against this specification should submit one sample of fixed
and moving contacts complete with all accessories in complete shape before the
due date as indicated below for inspection and approval.
The sample of fixed and moving contacts shall be arranged to be delivered to the
Stores officer/Central Stores/ CEDC/ West/ Ambattur, Chennai, on or before 12
Noon on the due date free of cost, freight and any other incidental charges
prepaid and without any obligation on the part of the Board for safe custody
under intimation to the Chief Engineer/Distribution/ Chennai South Region,
Tamil Nadu Electricity Board,802, Anna Salai,Chennai-600 002.

The sample of fixed and moving contacts should be sent so as to reach the
Stores officer/Central Stores/ CEDC/ West/ Ambattur /Chennai, on or before
12.00 Noon on the due date failing which the tenders will be summarily
rejected. A lable with following details shall be tagged on the sample sent.

(i) Tamil Nadu Electricity Board Specification No:


(ii) Name of Tenderer with full address.
(iii) Brief description of the sample giving the catalogue No: or type, if any
NOTE:
1. The name of manufacturer, with full address relating to the materials tendered
for shall be clearly specified in the tender as well as in label tagged on sample
sent. Tenderers not adhering to these instructions run the risk of having their
tenders rejected summarily.
2. The Board will not arrange for the clearance of the consignments of samples
dispatched by Rail/Road. The Board cannot be insisted upon for the acceptance
of the samples. The samples should be taken back at the tenderer’s own cost
after receipt of due intimation from the Board. Non clearance of sample boxes
after receipt of due intimation from the Board will be at the tenderer’s risk.
3. Even if the tenderer has previously submitted sample against any other tender, a
fresh sample has to be supplied against this tender. The Tamil Nadu Electricity
Board is not responsible for any damages that may be caused to the sample at
any time.
a) If the samples are not furnished within the stipulated time,EMD will be
forefieted.
b) The last date for submission of samples will be the date of opening the tender.
The responsibility for the delivery of sample will lie with the tenderers.

c) The sample once furnished is final. However, the Board has the right to call
fresh sample, if necessary.

d) If the sample furnished is superior to that specified in the specification, such


sample may be accepted without any extra commitment to the Board on that
account.
4. It may be noted that the sample of the successful tenderer will be taken into
stock in the last consignment.

(II) INSPECTION:
i) The purchaser’s representative shall have free access at all times to the contractors
works at any time during working hours for the purpose of inspecting the
manufacturing and test of the materials covered by this specification.

ii) Not exceeding 15 days advance intimation shall be given about the quantity of
materials that will be ready for inspection. The arrangement for inspection shall be
made by the supplier in such a way that the delivery schedule is kept up.

iii) The material should be despatched only on further instruction from this office

iv) Tenderers are requested to furnish in their tenders the exact location of their
factory with detailed address to enable inspection by Board if considered
necessary

(III) TESTS AT SITE:


The purchaser reserves the right of having such test as he may decide upon, being
carried out at site at his own expenses to satisfy himself that the materials have not suffered
any damage during transit.
Random samples of materials supplied will be tested departmentally, or through
approved Government laboratory, if required at purchaser's cost, and for any non-
conformity with samples already furnished then full supplies will be rejected. If the initial
payment had already been made, the balance payment will be forfeited and any other losses or
damages will also be claimed. Further supplies in such cases will be accepted and paid for only
after satisfactory results of the testing of samples. In addition, the guarantee period will also be
extended for subsequent supplies at the discretion of the purchaser.

CHIEF ENGINEER/DISTRIBUTION
CHENNAI SOUTH REGION.
SCHEDULE -A
SPECIFICATION NO:CED/CSR/E. 378 DUE ON 25.05.11
SCHEDULE OF PRICES, COMMERCIAL TERMS,
REQUIRED QUANTITY AND SCHEDULE OF DELIVERY:

1 (a) Material Fixed and Moving contacts


suitable for 11 KV 200Amps AB
switches
(b) Quantity : Fixed contacts : 4000 Nos
Moving contacts: 2600 Nos
2 Quantity offered. :

3 Delivery period. Required : 20% of the ordered quantity shall


be supplied within two months
from the date of receipt of Purchase
Order. Balance materials shall be
supplied @ 20% per month in the
next 4 months thereafter.
4 Delivery period offered :

5 Whether agreeing to the stipulated :


payment terms of the Board.

6 Whether agreeing to the stipulated :


liquidated damages clause of the
Board.

7 Whether agreeing to the stipulated :


security deposit clause of the Board.

8 Whether agreeing to the stipulated :


guarantee period.

9 Whether agreeing to the stipulated :


validity period.

10 Whether the firm is a sick Unit as :


indicated in the specification.
1 Whether the price quoted is for the :
1 material as specified in Section –VI
(Technical Specification) and drawing.

1 Whether CENVAT benefits taken into :


2 account while quoting.

PRICES OFFERED

1 Unit Exworks price :


3

1 Excise Duty :
4
Percentage :

Amount :

1 Sales Tax :
5
Percentage :

Amount :

1 Packing and Forwarding : :


6

1 Freight & Insurance : :


7

1 Unit FOR(D) /TNEB stores :


8 any where in Chennai South
Region (including Chengalpattu)– Price

SIGNATURE OF THE TENDERER


WITH DATE.

FOR COLUMNS 5 TO 12 SAY "YES OR NO", IF "NO" INDICATE YOUR TERMS.


SCHEDULE - 'B'

DEVIATION FROM TECHNICAL SPECIFICATION

All Technical Deviations from the Specification shall be filled in the Tenderer, Clauses by clause, in the
Schedule

SECTION NO CLAUSE NO DEVIATION

The tenderer hereby certify that the above mentioned are the only deviations from the technical
Specifications and confirms to the Specification in all other respects.

COMPANY SEAL: SIGNATURE :


DESIGNATION :
COMPANY :
DATE :
SCHEDULE - 'C'

DEVIATION FROM COMMERCIAL SPECIFICATION

All Deviations from the Commercial terms shall be filled in by the Tenderer, Clause by Clause, in this
Schedule

SECTION NO CLAUSE NO DEVIATION

The Tenderer hereby certify that the above mentioned are the only deviations from the Commercial terms
of the Specification.

COMPANY SEAL : SIGNATURE :


DESIGNATION :
COMPANY :
DATE :
SCHEDULE - 'D'

STATEMENT OF SUPPLY ORDERS EXECUTED / UNDER EXECUTION DURING


THE PAST THREE YEARS AS ON THE DATE OF TENDER

NAME OF THE EQUIPMENT / MATERIAL :

Sl.No: Name & P.O.No. Quantity Value of Schedule Actual


Address of the & Order in date of date of
Organisation. Date. Rs.Lakhs. completion completi
of the on of the
order. order.
1 2 3 4 5 6 7

Note: Photo copies of the supply orders duly attested by a Gazetted Officer should be enclosed.

COMPANY SEAL : SIGNATURE :


DESIGNATION :
COMPANY :
SCHEDULE –E

GUARANTEED TECHNICAL PARTICULARS.

1. Maker’s Name and Address :

2. Trade mark and model :

3. Name of the material offered :

4. Nett Weight :

5. IS to which materials confirm :

6. Dimensions :

7.Other particulars if any of the


Wish to give

SIGNATURE OF THE TENDERER


SCHEDULE - 'F'

DECLARATION FORM

TO
THE CHIEF ENGINEER / DISTRIBUTION, CHENNAI SOUTH REGION
TAMIL NADU ELECTRICITY BOARD,
ELECTRICITY AVENUE, FIRST FLOOR,
802, ANNA SALAI, CHENNAI - 600 002.

Dear Sirs,

1) Having examined the above Specification together with the accompanying schedules etc., we
hereby offer to manufacture and supply the equipments/materials covered in this
Specification at the rates entered in the attached schedule of prices.

2) We hereby guarantee the particulars entered in the schedule attached to the Specification.

3) In accordance with security deposit clause , Section-III, of the Specification we agree to


furnish security to the extent of 5% of the total value of the contract.

4) Our company is not a potentially Sick Industrial Company or a Sick Industrial Company
in terms of Section-23 of Section - 15 of the Sick Industrial Companies (Special
Provisions) Act 1985.

Yours faithfully,

PLACE : SIGNATURE :
DATE : DESIGNATION :
COMPANY SEAL: COMPANY :
SCHEDULE - 'G'
UNDERTAKING IN LIEU OF E.M.D.

(To be furnished in non-judicial stamp paper of value not less than Rs.80.00)

THIS DEED OF UNDERTAKING EXECUTED AT …………………………… ON THIS


THE ...............…………..DATE OF …………………......................TWO THOUSANDBY M/s................................
………………………………..hereafter called "Tenderer" (which expression shall where the context so admits mean and
include their Agents, Representatives, Successors-in-office and Assigns).
TO AND IN FAVOUR OF ……………………...................................THE TAMIL NADU ELECTRICITY BOARD, a
Body Corporate constituted under the Electricity (Supply) Act, 1948 (Central Act LIV of 1948) having its office at the
O/o Chief Engineer/Distribution/
Chennai South Region, Fist Floor, Electricity Avenue , T.N.E.B., 800, Anna Salai, Chennai 600 002, herein called the
"BOARD" (which expression shall where the context so admits mean and include its successors in office and Assings.)
WHEREAS THE tenderer is required to pay Earnest Money Deposit of Rs.....................for participation in the tender for
supply of ......................... in terms of specification No........
AND WHEREAS the tenderer is exempted by the Board from payment of EMD in the form of cash, subject to the tenderer
executing an undertaking to the value of Rs.......... (Rupees....................................................) representing the amount
equivalent to the amount of EMD specified to be paid to the Board in the event of non-fulfillment of breach of any of
the conditions of the tender by the Tenderer as mentioned hereunder.
AND WHEREAS in consideration of the acceptance by the Board of the above proposal, the Tenderer has agreed to pay
to the Board the said amount of Rs......................in the event of:
1) Withdrawing his tender before the expiry of the validity period (OR)
2) Withdrawing his tender after acceptance (OR)
3) Violating any of the conditions of the tender issued by the competent authority.
NOW THIS UNDERTAKING WITNESSES that in pursuance of the said agreement the tenderer hereby both covenant
with the Board that in consideration of the "Board" waiving the condition of payment of EMD in cash in terms of the said
specification, the Tenderer
has agreed to pay to the Board Rs................ (Rupees...........................................only) in the event of:
i) Withdrawing his tender before the expiry of the validity period.
ii) Withdrawing his tender after acceptance
iii) Violating any of the conditions of the tender issued by the competent authority.
NOW THE CONDITION OF THE above written undertaking is such that if the tenderer shall duly and faithfully observe
and perform the conditions specified as above, then the above written undertaking shall be void, otherwise it shall remain in
full force.
The tenderer undertakes not to revoke this guarantee till the contract is completed under the terms of contract.
The expression, 'tenderer' and the 'Board' hereinafter before used shall include their respective successors and assign in
office.
IN WITNESS WHEREOF THIRU..................................acting for and on behalf of the Tenderer has signed this deed on
the day, month and year herein before first mentioned.

SIGNATURE
NAME IN BLOCK LETTERS
SEAL OF THE COMPANY

IN THE PRESENT OF WITNESSES:


1) Signature
Name & Address
2) Signature
Name & Address
SCHEDULE – H
UNDERTAKING TOWARDS JURISDICTION FOR LEGAL PROCEEDINGS
This undertaking executed at ………………………… on this …………….
(date) ………………. ( month ) two thousand and one by M/s.
Registered under Companies Act, 1956 having its registered office at ………………
hereinafter called the Contractor (which expression shall where the context so admits mean and include its successors in
office and assigns ) with the Tamil Nadu Electricity Board a statutory authority created under the powers vested with the
Electricity ( Supply) Act, 1948, having its registered office at No.800, Anna Salai, NPKRR Maaligai, Chennai 600 002
hereinafter called the purchaser ( which expression shall where the contest so admits means and includes its successors in
office and assigns)
WHEREAS the contract is for the supply of …………….. in terms of the Purchase Order No.
…………………. dt. ………………….
AND WHEREAS in accordance with clause ………………………. of the above said purchase order
certain terms were stipulated for the above supply.
AND WHEREAS in accordance with clause ………….. of the above mentioned Purchase Order the
contractor has to furnish an undertaking that no suit or any proceedings in regard to any matter arising in any respect under
this contract shall be instituted in any court other than in the High Court Madras, City Civil Court of Chennai or other Court
of small causes at Chennai, as the case may be.
IN CONSIDERATION of the Board having agreed to accept the undertaking the Contractor hereby
undertakes that no suit or any proceedings in regard to any matter arising in respect of this contract shall be instituted in any
court, save in the High Court, Madras, City Civil Court at Chennai or at the Court of small causes at Chennai. It is agreed
that no other court shall have jurisdiction to entertain any suit or proceedings, even though, part of the cause of action might
arise within their jurisdiction. In case, any part of cause of action might arise within the jurisdiction of any of the courts in
Tamil Nadu and rest within the jurisdiction of Courts outside the Tamil Nadu, then it is agreed to between the parties that
such suit or proceedings shall be instituted in a Court within the State of Tamil Nadu and no other Court outside the State of
Tamil Nadu shall have jurisdiction even though any part of the cause of action might arise within the jurisdiction of such
Courts.
IN WITNESS WHEREOF of Thiru ……………………………….. of the contractor hereby put his hand
and seal for due observance of the undertaking in the presence of the following witnesses.
SIGNATURE
NAME IN BLOCK LETTERS
SEAL OF THE COMPANY

WITNESS
1.

2.
SCHEDULE – I
BANK GUARANTEE IN LIEU OF SECURITY DEPOSIT PAYABLE BY THE SUPPLIER
(To be furnished in non-judicial stamp paper of value not less than Rs.80.00)

THIS DEED OF GUARANTEE executed on ____ day of ___ two thousand and_________ by the ________________bank of __________
(Branch name and address), (herein after called “the bank”) to and in favour of the Tamilnadu Electricity Board a body corporate constituted under the
Electricity (Supply) Act 1948 (Central Act 54 of 1948) having its office at Anna Salai, Chennai – 2, represented by the Chief Engineer/Distribution/Chennai
South Region, (herein after called “the Purchaser”).

WHEREAS M/s.________________________ (hereinafter called “the contractor”) have by virtue of the contract entered into with the purchaser
as per P.O.No._____ dated ________, agreed with the purchaser to supply ________________ in accordance with the terms and conditions contained
therein.

AND WHEREAS in accordance with the terms of the contract in the P.O.No._____ dt.______ the contractor has to pay a sum of Rs._______
(Rupees _____________________________only) towards security deposit in the form of a bank guarantee from a Nationalised Bank.

AND WHEREAS the contractor has requested the purchaser to accept bank guarantee in lieu of security deposit in cash.

AND WHEREAS the purchaser has agreed to accept the bank guarantee from a Nationlised bank towards security deposit for a sum equivalent
to five percent of the value of the contract for the satisfactory performance of the contract.

AND WHEREAS the bank has, at the request of the contractor, agreed to guarantee the payment of the said sum in case the contract is not
performed in accordance with the specification indicated in the terms and conditions contained in the P.O.No._______ dt.______.

NOW THIS DEED WITNESSES AS FOLLOWS:

1. In consideration of the purchaser having agreed to accept a bank guarantee from a nationalised bank towards security deposit for a sum
equivalent to Rs._____ (Rupees ______________________only), the bank do hereby guarantees that if the contractor fails to perform the contract in
accordance with the specifications and conditions of the contract as subsequently amended, the bank shall pay forthwith merely on demand without any
demur to the purchaser such amount or amounts as the bank may be called upon to pay by the purchaser.

Provided that the liability of the bank under this deed shall not at any time exceed the said guaranteed amount of Rs._________ (Rupees
_____________________________only).

Provided further that the guarantee here under furnished shall be released as soon as the contractor has performed his part of the contract in
accordance with the terms of the contract and a certificate to that effect is issued by the purchaser.

2. The bank further undertakes to indemnify the purchaser against any loss or damage that may be caused or suffered by the purchaser by reason
of any breach of the terms and conditions in the said P.O.No.______ dt._______.

3. The guarantee herein contained shall remain in force till the terms and conditions of the P.O No. _______ dt._________ have been fully and
properly carried out by the said contractor and in any case the guarantee shall not hold good after _________.

4. The bank further agrees with the purchaser that the purchaser shall have the fullest liberty (without the consent of the bank and without
affecting in any manner the obligations of the bank here under) to vary any of the terms and conditions of the contract or to extend the time of performance
by the said contractor from time to time or to postpone from time to time any of the powers exercisable by the purchaser against the said contractor and to
forbear to enforce any of the terms and conditions relating to the said contract and the bank shall not be relieved of their liability by reason of any such
variations or extensions being granted to the said contractor or by reason of any forbearers, act or omissions on the part of the purchaser or any indulgence
by the purchaser to the said contractor or by any such matter or thing whatsoever, which under the law relating to sureties would but for these provisions
have the effect of so relieving the bank.

5. Any account settled between the purchaser and the contractor shall be the conclusive evidence against the bank for the amount due and shall
not be questioned by the bank.

6. The expressions “Bank”, “Contractor” and the “Purchaser” herein before used shall include their respective successors and assigns.

IN WITNESS WHEREOF Thiru.______________________ acting for and on behalf of the bank has signed this deed in the day, month and year
first above written.
Signature

With seal of the Bank


(Name in block letter)
In the presence of witnesses
1. 2.
(Name in capital with address) (Name in capital with address)

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