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TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LTD.

TUTICORIN THERMAL POWER STATION

SPECIFICATION FOR

Procurement of 350NB Cerolene pipes for Ash Slurry disposal lines of units IV & V SPECIFICATION NO.CE / TTPS / 1319 -M
(SINGLE

PART TENDER)

DUE DATE : 29.05.2012 AT 14.00 HRS

OFFICE OF THE SUPERINTENDING ENGINEER PURCHASE & ADMINISTRATION T.T.P.S., TUTICORIN-628 004

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TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LTD. SECTION - I FOR ATTENTION OF TENDERERS PLEASE ENSURE THE FOLLOWING BEFORE SUBMITTING TENDER TO AVOID REJECTION 1) Cash receipt for payment of Earnest Money Deposit or demand draft/ pay order/Banker's Cheque/Pay slips placed in the outer cover along with the other separate sealed covers containing technical bid and price bid. If the tenderer is exempted from payment of earnest money deposit the proof for such exemption and undertaking as prescribed in the specification are placed in the outer cover along with other separate sealed cover containing technical bid and price bid. If the tenderer is having permanent earnest money deposit with Tuticorin Thermal Power Station for an amount as mentioned in this Specification and not forfeited, the proof for the same is placed in the outer cover along with the other separate sealed cover containing technical bid and price bid. Tenderers are requested to note and abide carefully. the following instructions

2)

3)

4)

SINGLE PART TENDER: Envelope 'A'- Technical and Envelope 'B'- price bid should be addressed to the Chief Engineer/TTPS/Tuticorin-4. and put in a sealed overall envelope superscribing the enquiry specification number details of materials and due date of tender opening. The first envelope, called Envelope- 'A' shall contain. (a) (b) (c) Technical specifications, design details, deviations from specifications and other technical details. Commercial terms, including payment terms, liquidated damage guarantees and other commercial matters. Relevent details about experience in execution of similar works or successful supply of similar or other related equipments to the TANGEDCO / other Electricity Board / other Organisations and Any other information called for in the specification other than price.

(d)

This Envelope - A should not contain any "PRICE BID" and the OFFER will be rejected if the price bid is found in the Envelope - A. 4) (2) The second envelope called Envelope - B shall contain all the price bids.

4) (3) The OVERALL ENVELOPE shall contain a) b) c) COVER 'A' (TECHNO COMMERCIAL BID called ENVELOPE A) COVER 'B' (PRICE BID) Demand Draft or Banker's Cheque for payment of EMD or proof of permanent EMD at TTPS(A copy of permanent EMD issued by

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TNEB/TANGEDCO at TTPS) or attested proof of exemption from EMD along with undertaking in Rs 80/- stamped paper ( as per the format enclosed) shall be kept in overall envelope or in cover 'A' 4) (4) The above separate sealed envelopes with demand draft/cash receipt / exemption order with undertaking in stamped paper/Registration as SSI with undertaking in stamped paper (in the form enclosed) pinned to it together with the sealed envelope containing tender documents ie) Envelopes A & B shall be put in an overall envelope addressed to the CE / TTPS / Tuticorin-4 Supercribing the enquiry specn. number details of materials and the due date of tender opening. The outer cover shall be sealed. (5) It shall be sent to reach the Chief Engineer / Tuticorin Thermal Power Station / Tuticorin-4 before the notified time and date for receipt of the tender. The overall envelope shall be individual sealed, supercribed and addressed as in the specification. (6) No tender given in person, shall be received after the notified time and date for the receipt of the tender. The tenders received by post after the notified time and date for the receipt of tender, will be returned by Registered post with acknowledgement due. (7) At the time of opening of the tenders, the overall envelope will be opened first and the tenders which do not contain cash receipt for payment of earnest money deposit or proof of permanent earnest money deposit or proof of exemption from payment of E.M.D. will be rejected straight - away and the envelopes containing the tender documents ie) Envelopes A & B will not be opened and returned to the tenderer by Registered post with acknowledgement due. (8) At the time and date notified for opening of tenders, the overall Envelope and Envelope 'A' will be opened. Payment of EMD, Proof of permanent EMD or attested proof of exemption from EMD along with undertaking in stamped paper ( as per the format enclosed) can be kept inside overall envelope or in cover 'A'. If the payment of EMD as above is not kept inside either overall envelope or in cover 'A' , the bids will be summarily rejected. (9) The opening of Envelope-B of the tenders will be done immediately for the eligible tenderers whose technical bids are found suitable to our requirement.

4)

4)

4)

4)

4)

SPECIAL NOTE: 1.11 Evidence of experience should accompany the tender. Also details such as capacity of production as sanctioned by the DGS & actual annual production for the last 3 Years and orders executed in the last 5 years with the list of purchaser's addresses should be furnished. The tenderer must send sales Tax Certificate from appropriate tax authority along with the tender. Tenderers are requested to state whether the company is a pententially sick industrial company or sick industrial company in terms of section 23 or 15 of the sick industrial company (Special Provision) Act 1955. Failure to furnish this confirmation will make the tender liable for rejection.

1.12 1.13

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1.14 Bid Qualification Requirement: (BQR) 1) The Tenderer should have supplied Cerolene pipes to Thermal Power Stations of State / Central Govt. organizations, PSU in India for a value of not less than Rs 2.25 lakhs in a single order. 2) The Annual Turnover of the Tenderer shall not be less than Rs 9.00 Lakhs during any one of the previous 3 financial years i.e. (2008 09, 2009-10, 2010-11). 3) Documentary evidence in support of all the above requirements attested by a Gazetted Officer or Notary Public shall necessarily be enclosed along with the offer. In the absence of attested offer will be rejected. supporting documents the

4)

(10) When the outer cover is opened the following should be available. a) Proof for payment of EMD. b) Proof for Satisfying Bid Qualification Requirement. c) Technical Bid & Commercial bid cover (sealed) - 'Part A' d) Price Bid cover (Sealed) - 'Part B' 5) The price quoted should be firm. 6) The guaranteed technical particulars should be submitted without fail. 7) The deviation indicated in schedule C1 & C2 will only be taken for

consideration. Any other deviation mentioned elsewhere will be ignored and it will be construed that the offer is as per Specification.

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TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD. SPECIFICATION NO CE/TTPS 1319 M 1. Description of Material : Procurement of V 14.05.2012 350NB Cerolene pipes for Ash Slurry disposal lines of units IV & 2. Date of Commencement of : Sale of specification. 3. Date and time of closing sale of : 28.05.2012 specification 4. Due date & time for receipt of : 14.00 Hours on 29.05.2012 tender 5. Due date & time for opening the : 14.00 Hours on 29.05.2012 tender If the due date for opening the tender happens to be a declared holiday, then the tender will be opened on the next working day. 6. Earnest Money Deposit : Rs.9,000/7. 8. Method of submission of Tender Tender outer cover should addressed to : be : Single Part System Superintending Engineer/ Purchase & Administration (MM Division) T.T.P.S. Tuticorin-628 004. Superintending Engineer/ P & A (MM Division),T.T.P.S. Tuticorin - 628 004. Two O/o The Executive Engineer/M.M/ T.T.P.S., Tuticorin-628 004 Rs.250/- within Tamil Nadu (Non refundable) Rs.250/-Outside Tamil Nadu Additional amount of Rs.100/- to be paid if the Tender Documents are required by post.

9. 10. 11. 12.

Clarification to be sought for from Required number of tender copies Place at which Tender's will be opened Cost of Tender refundable) Specn. (Non

: : : :

Note: 1. Specification can be had from Superintending Engineer/P&A/TTPS/Tuticorin 628 004 on payment of cost of Tender documents by Demand Draft drawn in favour of Superintending Engineer/P&A/TTPS, Tuticorin - 628 004 payable at Tirunelveli. 2. The Tender documents are available in the Tamil Nadu Electricity Board / Web site and the prospective bidders may get the specification FREE OF COST by down - loading from the above Web sites. Web.ID: http://www.tneb.in / http://tneb.tnebnet.org/gedcotender/

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SECTION-II - INSTRUCTIONS TO TENDERERS - GENERAL

1.

Tenders in duplicate superscribed on the outer cover as "Tender against Specification for the supply of the material as in specification in Section-V suitably filling the specification No.1319- M, Name of equipment/ materials and due date and complete with the schedules are invited for supply to the destination T.T.P.S. in Tamil Nadu. 2. The tenders should be sent in Triple cover. The tender offer should be addressed to the Chief Engineer/ Tuticorin Thermal Power Station, Tuticorin-628004 and put in a sealed cover. Receipt for having paid the EARNEST MONEY DEPOSIT/DEMAND DRAFT (as prescribed in Clause-4 below) and the proof for satisfying the Bid Qualification Requirement and the inner Tender covers should be put in an outer cover which should be addressed to:The Superintending Engineer, Purchase & Administration, Tuticorin Thermal power station, Tuticorin-628 004. so as to reach him not later than 14.00 Hours on the due date specified. TRIPLE COVER SYSTEM SHOULD BE FOLLOWED. It may be specifically noted that the outer envelope should be addressed to the superintending Engineer/P&A, Tuticorin Thermal Power Station, Tuticorin-628 004. 3. If the tenderer has any doubt about the meaning of any portion of this Specification, he should at once submit particulars thereof to the Superintending Engineer/P&A, Tuticorin Thermal Power Station, Tuticorin - 628 004 in writing in order that any doubts may be cleared before the submission of his tender. 4. EARNEST MONEY DEPOSIT:

4.1. Tenderer should pay towards Earnest Money Deposit a sum of Rupees as indicated against E.M.D. elsewhere in this specification. 4.2. The Earnest Money specified above should be deposited by CASH and the receipt for the same may be obtained from the Assistant Account officer/Cash, Tuticorin Thermal Power station, Tuticorin - 628 004. (or) A DEMAND DRAFT/PAY ORDER/BANKER'S CHEQUE/PAY SLIPS for the above amount payable to the Superintending Engineer Purchase & Administration / Tuticorin Thermal Power Station, Tuticorin - 628 004 payable at Tirunelveli. Should be obtained from any one of the Nationalised/schedule Band/foreign Bank with Branches in India.The above receipt or Demand Draft/Pay Order/ Banker's Cheque/Pay slips should be attached to the sealed inner Tender cover and put in the outer envelope as specified above. The Earnest Money Deposit made by the Tenderer will be forfeited if:a) he withdraws his tender after acceptance b) he withdraws his tender before the expiry of validity period. c) he violates any of the provisions of these regulations contained herein.

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4.3. 4.4.

Cheque and Bank Guarantee will not be accepted towards E.M.D. tenders accompanied by cheque and Bank Guarantee will be rejected.

and the

PERMANENT EARNEST MONEY DEPOSIT (PEMD) The Tenderer who has made a Permanent Deposit with the Board in lieu of Earnest Money Deposit as follows: FOR TOTAL VALUE OF TENDER Up to Rs.10,00,00,000/Rs.10,00,00,001/- to Rs.50,00,00,000/Above Rs.50,00,00,000/P.E.M.D Rs.10,00,000/Rs.20,00,000/Rs.50,00,000/-

are exempted from payment of Earnest Money Deposit provided they should have adequate PEMD according to the total tendered value of the tender. THEY SHOULD ENCLOSE THE COPY OF THE PEMD CERTIFICATE ISSUED BY TTPS. THE ORIGINAL PEMD CERTIFICATE SHOULD BE PRODUCED FOR VERIFICATION WITHIN 15 DAYS ON DEMAND BY THE TNEB IF WARRANTED NOTE : 1 The tenderer who had made a permanent Earnest Money Deposit with the Board can participate in the tender (inclusive of supply, works, and service contract) finalised at Head Quarters without paying seperate EMD subject to the limit mentioned above. Tenderer may also remit at their request, separate PEMD as stipulated in 1 and 2 of clause 4.4 above with each of the Chief Engineer of Distribution Regions/ Thermal and Hydro and other Power Project / statory and participate in all the tenders floated by the respective Chief Engineers with whom PEMD is paid without paying seperate EMD for each and every tender subject to the limits mentioned above. They shall submit tender in the Region / Project / Hydro / Thermal / Other Generating station quoting the PEMD paid by them only at the same Region / Project / Hydro / Thermal / Other Generating Station. However to participate in the tenders finalised by the field officers below the level of Chief Engineers, Seperate EMD has to be remitted with the concerned field offer. NOTE : 2 The PEMD can not be withdrawn by the Tenderers within 3 years from the date of deposit under any circumstances. 4.5 EXEMPTION FROM PAYMENT OF EARNEST MONEY DEPOSIT: Full exemption is given from payment of EMD to: (i) Small Scale Industries registered within the state of Tamil Nadu.(ie) .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 or holding permanent Registration certificate from the District Industries, Canters 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 Tamil Nadu and undertakings and Corporations owned by Government of Tamil Nadu. (iii) Labour contract Co - operative Societies.

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(iv)

Tiny Industries classified under S.S.I registered within the State of Tamil Nadu and registration certificate issued by Department of Industries and commerce, Government of Tamil Nadu (v) Small Scale Industrial Units situated in States other than Tamil Nadu registered in their respective States or registered with National Small Industries Corporation (NSIC) in respect of items manufactured by them. SSI Units registered in Other States shall enclose attested copy of Acknowledgement issued for Memorandum Part II along with required undertaking duly filled in the prescribed format furnished in Section F ( Page No.32) in Rs 80/- Stamp paper. THE TENDERERS WHO ARE EXEMPTED* FROM PAYMENT OF EMD SHOULD ATTACH A COPY OF THE REGISTRATION CERTIFICATE, ATTESTED BY A GAZETTED OFFICER/NOTARY PUBLIC ALONG WITH AN UNDERTAKING IN A NON-JUDICIAL Rs 80/-STAMP PAPER,FAILING WHICH THEIR OFFER WILL BE REJECTED. (vi) SSI unit having provisional Registration certificate are not eligible for exemption from payment of EMD. NOTE: 1. In respect of Labour Contract Co - operative Societies, who are exempted from payment of EMD, only 90% of the bills are to be admitted initially and the balance 10% is to be paid after satisfactory completion of contract. Undertakings / Corporations and Departments of Central and other state Government Departments shall have to pay EMD and SD.

2. The tenderers other than foreign tenderers / SSI Units/ State Government Public Sector Undertakings who are exempted from payment of EMD should furnish an undertaking on a non - judicial stamp paper of appropriate value to pay an amount equivalent to EMD in case of non - fulfillment of the conditions stipulated in the contract. 3. Exempted Tenderers are to produce copy of their Registration Certificate, ATTESTED BY A GAZETTED OFFICER/NOTARY PUBLIC showing the materials which they are permitted to MANUFACTURE and the PERIOD OF VALIDITY OF CERTIFICATE. If on opening the outer cover, it is found that the cash Receipt/ Demand Draft/ Pay Order/ Banker's Cheque/ Pay slips proof for PEMD/ Proof for exemption with under taking has not been furnished, then the Tender will be summarily rejected. Tenders accompanied by Part Earnest Money Deposit will not be considered. The successful tender in whose favour the order is issued, should on demand pay, in addition to EMD paid, the Security Deposit, if any called for by the Board. If the successful tenderer either fails to remit this Security Deposit amount or backs out of his tender bid, the Earnest Money Deposit remitted by him will be forfeited.

4.6.

4.7. 4.8.

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4.9.

In the case of unsuccessful tenderers the Earnest Money Deposit will be refunded to them on application to the Superintending Engineer/P&A after intimation is sent to them of the rejection/non-acceptance of their tender.

4.10. The Earnest Money Deposit/Security Deposit paid by the tenderers will not carry any interest. 5.0 The Tenders will be opened at the office of the Executive Engineer / MM Division, Tuticorin Thermal Power station, Tuticorin-628004. at 2.00 P.M. on the due date in the presence of tenderers who may desire to be present. The Tenderer or only one authorised representative of the Tenderer shall be permitted to participate in the tender opening. (a) The Board reserves the right to : i) ii) iii) iv) v) vi) 6. accept the lowest or any tender revise the quantities at the time of placing orders reject any or all the tenders without assigning any reasons therefor. award contracts to one or more tenderer for the items covered by this specification to split the Tender Quantity and place orders on more than one Firm to meet the delivery requirements. relax or waive any of the conditions stipulated in the tender specification wherever deemed necessary in the best interest of the Board.

6.

(b) Where a tenderer pleads his inability to supply and backs out of his obligation after award of the contract, the Board will forfeit his EMD and security deposit and also recover the loss if any sustained by the Board, as a consequent of such backing out. In addition, the firm will also become liable for being black listed. The difference in prices agreed to by the failed supplier and higher rate at which the materials are to be procured from others, because of the failure of the supplier will be recovered form the supplier who have not supplied materials as per PO. Tenders received after the due date and time will be summarily rejected. The Tenderers are requested to register themselves as sup pliers of the tendered item at the office of the superintending Engineer/Purchase & Administration,T.T.P.S, Tuticorin- 628004. The Tenderers are requested to furnish the exact location of their factories with detailed postal address with Pincode in their tenders to enable inspection by the Board if considered necessary. Not-withstanding anything contained in this Specification the Board shall have full powers to relax, waive or amend any of the provisions of this specification at any time as deemed necessary. Tender is liable to be rejected if it is: i) Not in the prescribed form.

7. 8.

9.

10.

11.

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ii)

Not accompanied by the requisite Earnest Money Deposit or proof of permanent EMD or proof of exemption from EMD and the proof for satisfying the Bid Qualification Requirement (BQR). Not properly signed by the tenderer. Not in conformity with Board's Technical Specification. From any approved Tenderer whose permanent earnest money deposit is not adequate for this particular tender. Not accompanied by an undertaking in Rs.80/- stamp paper for those who are eligible for exemption from payment of E.M.D. Made for part of the materials covered under this Specification. From any black listed Firm or Poor Performance Noted firm in any Government Organisation. Received by Telex/Telegram/Fax/E-Mail. From a tenderer who is directly or indirectly connected with Government service or Boards Service or Service of local authority. From a tenderer whose past performance/vendor rating is not satisfactory. Not furnishing the proof for satisfying the BQR will be summarily rejected.

iii) iv) v) vi) vii) viii) ix) x) xi) xii) 12.

The Tenderer should enclose with the tender a copy of latest certificate of Income Tax clearance and a copy of Sales Tax clearance for the previous year from the appropriate authority in the prescribed forms. In the case of proprietor or partnership Firm, it should be necessary to produce the certificates mentioned for the proprietor or proprietors and for each of the partners as the case may be. The Income tax Permanent Account Number shall be specification in the offer. The Tenderer who is an Industrial Company should clearly state in his tender whether the company is potentially sick Industrial Company or a sick Industrial Company in terms of Section-23 or section-15 of the sick Industrial Company Act, 1985. Failure to supply this information will make the tender liable for rejection.

13.

14. PAST PERFORMANCE: 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 as per "schedule-D" enclosed to the Tender specification and also proof for having manufacture 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. Tenders furnished by the tenderers without these accompanying details of their past performance are liable for rejection.

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15.

The purchaser reserves the right to request for any additional information and also reserves the right to reject the proposal of any bidder, if in the opinion of the purchaser, the qualification data is incomplete or the bidder is found not qualified to satisfactorily perform the contract. The Board will not be responsible for any postal delay in receipt of the tender Specification by the bidders if it is sent by post as well as in receipt of quotations from the bidder within the stipulated date and time. VALIDITY:

16.

17.

The tenderer shall keep the offer open for 180 days from the date of opening of tender. The offer with lower validity period is liable for rejection. 18. All information in the bid shall be in ENGLISH only. Errors and other changes shall be attested by the persons signing the bid. *** *** *** ***

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SECTION-III COMMERCIAL 1.0. PRICE: 1.1. 1.2. The Tenderers are requested to quote FIRM price only. The prices should be for delivery F.O.R. (Destination),T.T.P.S. in Tamil Nadu inclusive of freight and insurance. The ED and ST, octroi applicable shall be indicated separately. In addition, the Ex-works price should also be indicated separately. The prices should include excise duty, all state and Central Taxes, Octroi, packing and forwarding and freight and insurance Erection, Testing and commissioning charges and these elements cost should be indicated separately. The rates ruling on the date of tendering shall be specified. A format for price schedule is given in Schedule `A'. The extra on Excise duty and Sales tax applicable will be paid extra. Separate proof towards excise duty and sales tax on the price variation element need NOT be made. It is the responsibility of the tenderer to make sure about the correct rates of duty/tax leviable on the materials at the time of tendering. If the rates assumed by the Tenderers are less than the current rates prevailing at the time of tendering, the Board will not be responsible for the mistake. If the rates assumed are higher than current rates prevailing at the time of tendering, the difference will be to the credit of the Board. The tenderer should quote their rates taking into account the E.D. relief available to them on account of duty paid for procurement of raw materials under MODVAT scheme.

1.3.

1.4.

1.5.

2.0. SALES TAX: 2.1 The Sales Tax will be paid extra as applicable. The amount of Sales Tax and percentage payable shall be indicated separately in the tender offer. Sales Tax is not applicable to freight and insurance charges. The TANGEDCO Limited has been registered as a dealer under CST Act 1956 (Regn.No.956815) and under TNVAT Act 2006 with TIN No.33060641471. As per G.O.MS No.77, dt.11.07.2011 NotificationIII No.II(1)/CTR/12(R-17)/2011, the concessional rate of VAT @ 5% is applicable for the goods supplied to TANGEDCO used in Generation, Electrical Energy except Petrol, Cement & Diesel. Further, as per G.O.MS.No.77, dt.01.07.2011 NotificationIV No.II(1)/CRT/12(R-18)/2011, the concessional rate of VAT @ 5% is applicable for the sale of goods for use in the execution of turnkey projects by contractors who have entered into agreement with TANGEDCO subject to the condition that the dealer/Purchase obtains and furnishes a certificate in the prescribed form. The necessary certificate as per G.O. shall be furnished for availing concessional rate of VAT. The C Form for the classes of goods speciiced for the purpose as per CST Act shall be furnished for availing concession / Nil rate of CST.

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2.2.

Any increase in Sales Tax consequent to the suppliers coming into different tax slab will be borne by the supplier and the changes in the rates of sales tax on account of statutory variation by the Government during contractual delivery period will be borne by the purchaser. In case of delayed delivery the sales tax prevailing on the date of despatch or the sales tax on the last day of the contractual delivery period whichever is LESS will be admitted. For both the cases the supplier shall furnish documentary evidence while submitting the bills for payment. It is the responsibility of the Tenderer to make sure about the correct rates of Sales tax leviable 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 difference will be to the credit of the Board. In respect of Inter-State Sales, Form `C' declarations may be obtained from the Paying Officers concerned wherever the concessional rate of Central Sales Tax is applicable. Provided always, it is hereby agreed and declared that in case, where the Board has doubt whether sales tax is not at all payable for the transaction in question, the Board is hereby authorised 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 sales tax. Concessional rate of Sales tax if any shall be taken into account and included in the price quoted giving proof thereof. The following certificates have to be furnished for admittance of claim of sales tax. i) Certified that the transaction in which the sales tax has been claimed has been/will be included in the return submitted/to be submitted to the sales tax authorities for assessment of the sales tax and the amount of sales tax claimed from the purchaser has been/will be paid to sales tax authorities. Certified that the goods on which the sales tax has been charged has not been exempted under C.S.T.Act or the rules made there under and the charges on account of sales tax on these goods are correct, under provisions of relevant Act or rules made there under. Certified that we shall indemnity the Board, in case it is found later on that wrong or incorrect payment has been received on account of sales tax paid by us. Certified that we are registered as dealer under the sales tax act and our Registration No.is .

2.3.

2.4.

2.5.

2.6.

ii)

iii)

iv) 3.0. 3.1.

EXCISE DUTY: 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

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are higher than the current rates prevailing at the time of tendering, the difference will be to the credit of the Board. 3.2. Any increase in Excise duty consequent to the suppliers coming into different duty slab will be borne by the supplier. No claim for increase in the above respect will be admitted. Changes in the rates of Excise duty on account of statutory variation by the Government during contractual delivery period will be borne by the Board. In case of delayed delivery, the duty prevailing on the date of despatch or the duty on the last day of the contractual delivery period whichever is LESS will be admitted. For both the cases the supplier shall furnish documentary evidence while submitting the bills for payment. 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 offer is above Rs.150 Lakhs, such tenderer shall furnish on undertaking to the effect that the ED commitment on account a 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. Authenticated Invoice containing the details viz Central excise, Registration No. PLA No. etc. date and time of removal of goods, debit entry in PLA/RG23 duly authenticated by authorized signatory shall be preferred by the supplier for claim of ED. The eligible excise duty will be admitted on submission of evidence for having paid the excise duty. INSURANCE: 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 Ware house) and 60 days storage risk at sit. 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, Underwriters/Carriers. 5.0. PACKING AND FORWARDING: 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 the Destination store/site by the SUPPLIER at free of cost.

3.3.

3.4.

3.5.

3.6 4.0.

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6.0. PAYMENT: 6.1. 6.2. Payments will not be made for equipments/materials damaged during transit. All defective materials shall be replaced by the supplier free of charge. 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 the Tenderer. FOR MATERIALS DELIVERED WITHIN THE DELIVERY PERIOD: 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. Balance 5% payment will be paid within a reasonable time after completion of entire supply and after closure of the purchase order. FOR MATERIALS DELIVERED BEYOND THE DELIVERY PERIOD: 95% of 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. 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. In case of delay in supply, the materials will be accepted subject to the following conditions: a) b) There should be no declining trend in prices. 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. Board reserves the right to accept or reject the delayed supplies without assigning any reason therefore and take action as per the other terms and conditions of this Specification.

c)

iii) 6.4.

95% payments will be made only after the approval of the test certificates and on receipt of the supplier's bills in duplicate, duly certified by the consignee. The bills for payment will be passed only acceptance of the following. a) b) c) d) e) after the approval /

Security deposit for 5% of value of order. Permanent Account Number shall be furnished for IT in the Offer. Sales Tax Clearance Certificate Performance Bank guarantee for 10% value of the order Test Certificate

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f) 6.5.

Supply of manuals, Spares as stipulated in Section-5 Technical.

The supplier should despatch only after getting despatch instruction from the consignee superintending Engineer. If the supplier despatches the materials without the prior approval of the purchaser, then the purchaser shall not be responsible for any demurrage of wharfage or both and only the supplier should bear any expenditure arising out of such unapproved despatches. Variation in prices, if any, either up or down shall be supported by the relevant IEEMA/applicable circulars. In case of the suppliers, for any reasons (to be specified by them) who are unable to produce APPLICABLE CIRCULARS, they shall produce a certificate from the Auditors that the claims based on the variations represent the actual difference between the rates ruling on the date of tender and supply. Price Variation bills may be claimed separately, to avoid delay in passing the main bill. Even if it is claimed by the supplier that there is no variation from the accepted rates of the purchase order, an Auditors certificate (in the absence of APPLICABLE Circulars) to the effect that prices have remain unaltered between the dates of tender and supply is to be furnished by the Supplier along with the bills. SECURITY DEPOSIT: The successful tenderer will have to furnish Security Deposit for 5% of the total accepted value of the contract. which to be paid in Cash/demand draft/Banker's cheque/ Bank Guarantee from any Nationalised/Scheduled Bank or Foreign Banks with Branches in India valid upto the date of completion of supply, in non-judicial stamp-paper of value Rs.80/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. The successful tenderer will have to furnish the Security Deposit within 15 days from the date of receipt of P.O. failing which their E.M.D./P.E.M.D. would be forfeited and the P.O. would be cancelled. The security deposit will not carry any interest. If there is any delay in furnishing the Security Deposit, which is accepted by the Board, a penal interest of 22% will be levied for the delay in furnishing the S.D. DELIVERY: The materials shall be supplied within 2 Months from the date of receipt of confirmed order.

6.6.

6.7.

7.0. 7.1.

7.2.

7.3.

8.0.

9.1.

LOSS OR DAMAGES External damages that are prima facie, the results of handling in transit or due to defective packing and shortages will be intimated within one month from the date

- 17 -

of receipt of the materials at site. Internal defects, damages or shortages of integral parts, which cannot ordinarily be detected on a superficial visual examination, through due to handling in transit or defective packing, would be intimated within 2 months from the date of receipt of materials at stores. In either case, the defective materials shall be replaced/rectified by the supplier free of cost at site. In the event of supplies being received damaged/or of any shortage at the destination site, the cost of such materials, Excise duty and sales tax/VAT (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 supplier. The defective materials shall have to be taken back from site at your risk and cost. In any case, damaged or defective materials should be replaced free of cost to the Board. For all legal purpose, the materials shall be deemed to pass into the Board's ownership at the destination, where they are to be delivered and accepted. 10.0. LIQUIDATED DAMAGES: 10.1. The delivery as specified should be guaranteed by the supplier under the liquidated damages clause given below: If the contractor fails in the due performance of the contract within the time fixed by the contract or any extension thereof, the purchaser shall recover from the contractor as Liquidated Damages for delay in supply/execution a sum of Half percent (1/2 %) of the contract price of the undelivered materials / incomplete portion of work for each completed week of delay and the total shall not exceed 10% of the contract price of materials / works so delayed. If the supply effected in part / works executed in part could not be beneficially used by the Board (due to such incomplete supply / execution), Liquidated Damages shall be worked out on the basis of entire contract value and not on the value of the delayed portion. In case of default in executing the work/ supply of materials, the contractor is liable to pay to the Board, in addition to Liquidated Damages for delay, the actual difference in price, wherever the Board orders the delayed quantity to be supplied/ works to be executed by other agencies at a higher rate. The actual date of receipt of materials at stores will be reckoned as the date of delivery for this purpose. The Board will also be at liberty to terminate the contract / cancel the order if the contractor slows down works abandons or does not use quality materials / if the supply is not completed within the accepted delivery period, without prejudice to levy of Liquidated Damages applicable for belated supplies / delayed works. If the supplies or services to be rendered against the contract are made by the contractor beyond the stipulated delivery in the contract and they are accepted by the Board, such acceptance is without prejudice to Board's right to levy Liquidated Damages for any delay in supply.

- 18 -

The penalty, if any, will be recovered from any amount due to the contractor either in this purchase order / contract or any other Purchase order / contract placed on him, including SD, Retention amount, Balance amount etc. 10.2. Documents contain false particular clause "In the event of documents furnished with the offer being found to be bogus or the documents contain false particulars, the EMD paid by the tenderers will be forfeited in addition to blacklisting them for future tenders/contracts in Tamil Nadu Electricity Board". 11.0. FORCE MAJEURE: 11.1. 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. 11.2. 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. 12.0. GUARANTEE: 12.1. The equipments / materials to be supplied by you shall be guaranteed for satisfactory operation for a period of 12 months from the date of commissioning or 18 months from the date of supply whichever is later subject to an overall guarantee period of 24 months from the date of supply under normal and proper conditions of service and maintenance. The certificate in triplicate may be enclosed with invoice or sent in advance. If during the above period any of the equipment / materials supplied by you are found defective in materials or workmanship, the same shall be rectified or replaced by you at destination free of charge. The defective equipment / material will have to be taken back at your own cost and risk. 12.2. Any defects noticed during this period shall be rectified free of cost to the Board within two months from the date of intimation of failure. Irrespective of number of failures and repairs the suppliers are responsible for free replacement of the defective material till the same serves a continuous period of 12 months from the date of commissioning. 12.3. The incidental expenses, transport and freight charges for the replacement of defective materials within the guarantee period may also be borne by the supplier till such time it serves a continuous period of 12 months as said above. 12.4. The tenderers shall guarantee among other things, for the following:

- 19 -

i) ii) iii)

Quality and strength of materials used. Safe electrical and mechanical stresses on all parts of the equipments under all specified conditions. Performance figures given by the tenderers in the schedule of Guaranteed technical particulars.

12.5.

PERFORMANCE GUARANTEE: The above guarantee shall be backed up with suitable Performance Bank Guarantee to the tune of 10% of P.O value, executed in Rs.80/= stamp paper by a Nationalised / Scheduled Bank Covering the Guarantee period. The above BG shall be returned after completion of guarantee period stipulated. The BG may be sent in advance or along with invoice.

13.0. REPLACEMENT OF DEFECTIVE/DAMAGED MATERIALS: Notwithstanding anything contained in Liquidated Damages clause of this order, where the whole or part of the materials supplied by you are found to be defective or damaged or are not in conformity with the specification, 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 the intimation from the Board 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 at the rate of 1 % (half percent) value (all-inclusive price) of such material for each completed week of delay subject to maximum of 10% (Ten percent) for the delay from the date of receipt of intimation of the defects or damages. If even after such rectification or replacement of the damaged or defective part, the equipment ordered is not giving the satisfactory performance as per the contract, then it will be open to the Board either to reject the goods and recover the entire cost of such goods and claim such loss sustained by the Board. Not withstanding any other remedies available, the Board 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 Board through notice and the sale proceeds such disposal shall be appropriated towards the dues to the BOARD such as Liquidated Damages, ground rent, etc as may be determined by the Board. 13.1. DEFECTIVE SUPPLIES The contractor is responsible for the safe delivery of the equipment / materials at site. If during the period of supply it is found that goods already supplied are defective in materials or workmanship or do not conform to the specification or are unsuitable fore the purpose for which they are purchased, then it will be open to the Board either to reject the goods and repudiate the entire contract and claim such loss that the Board may suffer on that account or require to arrange for the replacement of the defective goods free of all cost.

- 20 -

Similarly, if during the Guarantee period stipulated under Guarantee clause subsequent to the date of receipt of the goods , any of the goods found to be defective in materials or are unsuitable for the purpose for which they are purchased then it will be open to the Board either to repudiate entire contract and claim damages or accept such part of goods that are satisfactory and require the contractor to replace the balance or pay compensation to the extent of the loss sustained by the Board on that account. 14.0. FAILURE TO EXECUTE THE CONTRACT: Suppliers failing to execute the order placed on them to the satisfaction of the Board under the terms and conditions setforth 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 the price at which fresh orders have been placed. This is without prejudice to the imposition of liquidated damages. 15.0. NON-ASSIGNMENT: The supplier shall not assign or transfer the contract or any part thereof without the prior approval of the purchaser. 16.0. EFFECTING OF RECOVERIES: Any loss, arising incident to non-fulfilment of this contract or any other contract, will be recovered from the Security Deposit held and or any other amount due to the supplier from the Board. 17.0. INCOME TAX CLEARANCE CERTIFICATE: Permanent Account Number shall be furnished in the Offer. 18.0. SALES TAX CLEARANCE CERTIFICATE: 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. NOTE: The successful tenderer should submit the latest copy of STCC along with the order. 19.0. PATENT RIGHT ETC.: 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. 20.0. JURISDICTION FOR LEGAL PROCEEDINGS: No suit or any proceedings in regard to any matter arising in respect of this contract shall be instituted in any court, save in Madras the High Court, Madurai Bench or

- 21 -

District Court at Tuticorin or Sub-Court at Tuticorin or at the District Munsif Court at Tuticorin. 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 the cause of action might arise within the jurisdiction of any other courts in Tamil Nadu and rest within the jurisdiction of courts outside the state of Tamil Nadu, then it is agreed to between the parties that such suits 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. The sucessful tenderer shall furnish an undertaking as per schedule in non-judicial stamp paper of Rs.80/- agreeing to the above condition. 21.0. ARBITRATION: The Board will not accept any arbitration in case of disputes arising in any respect under this contract. Any disputes 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.
22.0.

DEVIATIONS FROM SPECIFICATION: If the tenderer wish 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 offered shall be considered to comply, in every respect within the terms and conditions of this specification.

23.0. TEST CERTIFICATES: (Also refer the page of Technical Specification) The test certificates in triplicate for the materials furnishing the results of the tests as per latest issue of ISS shall be forwarded and got approved before the materials are despatched. In addition to the tests called for in the specification, the purchaser reserves the right of having such tests as he desires carried out at his own expenses to satisfy himself that the materials conform to the requirements of this specification. The materials may be rejected if the test results are not satisfactory. The type test certificates (Photostat copies) as per latest ISS/International Standards such as IEC shall be furnished with the tender for reference.
23.0.

RESPONSIBILITY: 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.

25.0. MAXIMUM WEIGHTS AND DIMENSIONS OF PACKINGS: 25.1. 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

- 22 -

supplier is also responsible for any loss or damage during transport and storage for 60 days. 25.2. Each case or package should be clearly marked and should contain detailed packing list.

26.0. INSPECTION:
The accredited representatives of the purchaser shall have access to the suppliers or sub-vendors works at any time during working hours, for the purpose of inspecting the manufacture of the materials and for testing the selected samples form the materials covered by this specification. The supplier or the sub-vendor shall provide facilities for the above. 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. 27.0. COMPLETENESS OF TENDER: The tender should be complete with all details of illustrative and descriptive literature and drawings. The ternderers shall furnish the complete technical details of the equipment. Information regarding the country of manufacture or origin of materials used in the manufacture of the articles should be furnished. The tenderer should include all minor accessories eventhough not specifically mentioned in this specification but which are essential for the completeness of the materials ordered. The tenderer shall not be eligible for any extra charges in respect of such minor accessories though not included in the tender. 28.0. INTERCHANGEABILITY: All similar parts and removable parts of similar items shall be interchangeable with each other. 29.0. QUANTITIES: The purchaser reserves the right to revise the quantity at the time of placing the order and ordering more materials during the pendancy of the order at the accepted rates. 30.0. CLIMATIC CONDITIONS: The materials are for use in T.T.P.S, Tamil Nadu and should be satisfactory for operation under tropical conditions in Tuticorin. a) The ambient temperature will be within the range of +10 degree Centigrade to +50 Degree Centigrade. b) The altitude will be less than 1000 metres. c) The maximum atmospheric humidity will be in the range of 95% d) Average number of thunder storm days per annum is 65. e) Average number of dust storm days per annum is 5. f) Average number of rainy days per annum is 65. g) Average annual rainfall is 10.00 cm. h) The climatic conditions are prone to wide variation in ambient condition and equipments offered under this specification shall be suitable for installation at the Sub-Station in TTPS or other P.H.

- 23 -

i)

All electrical devices shall be given tropical and fungicidal treatment. Fog, smoke and miled acids are also present in the atmosphere.

31.0. ELECTRICITY RULES: All works shall be carried out in accordance with the latest provisions of the Indian Electricity Act/ Electricity Supply Act and the Indian Electricity rules there under unless modified by this specification. 32.0. MATERIALS AND WORKMANSHIP: 32.1. All materials, equipments and spare parts thereof shall be new, unused and originally coming from manufacturer's plant to the destination stores. Those including used, rebuilt or overhauled material/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 Indian Standards. Where these are not available, IEC and American/British Standards shall be followed. 32.3. The equipments should be designed to facilitate inspection and repairs and to ensure satisfactory operation under sudden variations of load and voltage as may bemet with under atmospheric conditions prevailing at site and under working conditions in the system including those due to faulty synchronizing and short circuits within the rating of the apparatus. 32.4. The design shall incorporate every reasonable precautions and provisions for the safety of all those concerned in the operation and maintenance of equipment. 32.5. All the equipments should operate without undue vibration and with the least practicable amount of noise.
33.0.

RECOVERIES OF DUES:

The Board is empowered: a) 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.
34.0.

PAST PERFORMANCE: 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 to the Tender Specification and also 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. Tenders furnished by the tenderers without these accompanying details of their past performance are liable for rejection.

- 24 -

IV - FORMATS SPECIFICATION NO. 1319 M SCHEDULE-`A' (To be filled in by the Tenderer) Unit Price in Rs. Sl.No Description Qty ExWorks 1. Excise Duty in % And Amt Sales Tax in % and Amt FOR (D) ** PRICE IN Rs. *P&F F*I Unit Total (including ED, Forwarding And F&I)

Company Seal:

Signature Designation Company Date

: : : :

NOTE: 1) 2)

* P&F - Packing and Forwarding F*I - Freight and Insurance ** For supply at the Destination Stores at T.T.P.S. in Tamil Nadu. IF E.D is quoted as inclusive / extra, then the percentage of E.D should be specified. IF E.D is quoted as inclusive / extra, then documentary evidence for E.D has to be produced along with invoice for payment of E.D. ** *** *** ***

- 25 -

SPECIFICATION NO.CE/TTPS 1319M SCHEDULE-`B' SCHEDULE OF MATERIALS AND DELIVERY PERIOD (To be filled in by the Tenderer) Before Sl.No. Description Qty. in No. From the Date of Receipt of Purchase Order.

COMPANY SEAL:

SIGNATURE DESIGNATION COMPANY : DATE

: : :

*** *** *** ***

- 26 -

SPECIFICATION NO.CE/TTPS- 1319 M SCHEDULE-`C1' DEVIATION FROM TECHNICAL SPECIFICATION All Technical Deviations from the Specification shall be filled in by the Tenderer, Clause 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 *** *** *** *** : : :

- 27 -

SPECIFICATION NO.CE/TTPS- 1319 M SCHEDULE-`C2' DEVIATION FROM COMMERCIAL SPECIFICATION All deviation 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 *** *** *** *** : : :

- 28 -

SPECIFICATION NO.CE/TTPS-1319 M SCHEDULE-`D'

STATEMENT OF SUPPLY ORDERS EXECUTED / UNDER EXECUTION DURING THE PAST THREE YEARS AS ON THE DATE OF TENDER NAME OF EQUIPMENT/MATERIAL :

Sl.No. 1

Name & Address of the Organization 2

PO No. & Date 3

Qty. 4

Value of Order in Rs. Lakhs 5

Schedule Date of Completion of Order. 6

Actual Date of Completion of Order. 7

COMPANY SEAL :

SIGNATURE DESIGNATION COMPANY : DATE *** *** *** ***

: : :

- 29 -

TANGEDCO LIMITED SPECIFICATION NO.CE/TTPS-1319 M SCHEDULE - `E' TENDER FORM To THE CHIEF ENGINEER, TUTICORIN THERMAL POWER STATION, TUTICORIN-628 004. 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. We hereby guarantee the particulars entered in the schedules attached to the Specification. 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. In accordance with performance guarantee clause Section-III of the Specification, we agree to furnish performance guarantee to the extent of 10% of the total value of the contract. Our company is not a potentially Sick Industrial Company or a Sick Industrial Company in terms of Section-23 or Section-15 of the Sick Industrial Companies (Special Provisions) Act 1985. Yours faithfully,

2) 3)

4)

5)

PLACE DATE COMPANY SEAL

: : :

SIGNATURE DESIGNATION COMPANY

: : :

- 30 -

SCHEDULE - `F' 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 .......... DAY OF .................... so admits ONE mean THOUSAND and include NINE their HUNDRED NINETY BY M/s. .................................... hereafter called "Tenderer" (Which expression shall where the context 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 TTPS, Tuticorin-628004, 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 terms of Specification No. ..............

of .................................. in

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 hereunder. AND WHEREAS in consideration of the acceptance by the Board Rs. ..................in the event of: 1) 2) 3) Withdrawing his tender before the expiry of the validity period (OR) With drawing his tender after acceptance (OR) Violating any of the conditions of the tender issued by the competent authority. of the above of the tender by the Tenderer as mentioned

proposal, the Tenderer has agreed to pay to the Board the said amount of

- 31 -

NOW THIS UNDERTAKING WITNESSES that in persuance of the said agreement the Tenderer hereby doth covenent 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 i) ii) iii) has agreed to pay to the Board Rs. ................... (Rupees ......................................only) in the event of: Withdrawing his tender before the expiry of the validity period. With drawing his tender after acceptance Violating authority. NOW THE CONDITION OF THE above written undertaking is such that if the tenderer shall duly and faithfully 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 PRESENCE OF WITNESSES: 1) 2) Signature Name & Address Signature Name & Address *** *** *** *** observe and preform the conditions specified as above, then the above written undertaking shall be void, otherwise it shall remain in full any of the conditions of the tender issued by the competent

- 32 -

ANNEXURE-II SCHEDULE - F UNDERTAKING TOWARDS JURISDICTION OF LEGAL PROCEEDINGS This undertaking executed at .............................. on this ............................... (Date) ...................... (Month) two thousand and five 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 succeessors in office and in favour of Tamil Nadu Electricity Board a body constituted under the Electricity (Supply) Act, 1948, (CA LIV of 1948) having its registered Office at No.800, Anna Salai, NPKRR Maaligai, Chennai - 600 002 herein after called the Purchaser (Which expression shall where the context so admits means and includes its successors in Office and assigns). WHEREAS a contract for the supply of............... has been awarded in favour of the contractor under the Purchase Order No.................. dated .................... AND WHEREAS in accordance with terms of the above mentioned Purchase Order, the contractor has to furnish an undertaking to the effect 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 Madras High Court, Madurai Bench or District Court at Tuticorin or Sub-court at Tuticorin or at the District Munsif Court at Tuticorin 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 Madras High Court, Madurai Bench or District Court at Tuticorin or Sub-Court at Tuticorin. Or at the

- 33 -

District Munsif Court at TUTICORIN as the case may be. It is agreed that no other court shall have jurisdiction to entertain any suit or proceedings, even though, part of the cause of action might arise within their jurisdiction. In case any part of the cause of action might arise within the jurisdiction of any other Courts in Tamil Nadu, and rest within the jurisdiction of Courts outside the State of Tamil Nadu, then it is agreed to between the parties that such suits on proceedings shall be instituted in a Court within the State of Tamilnadu and no other Court outside the State of Tamil Nadu shall have jurisdiction. IN WITNESS WHEREOF Thiru............................. of M/s...................................... hereby put his hand and seal for due observance of the Undertaking in the presence of the following witnesses.

COMPANY SEAL:

SIGNATURE DESIGNATION COMPANY DATE

: : : :

WITNESSES: 1)

2)

- 34 -

SPECN. NO/CE/TTPS- 1319-M. SECTION V TECHNICAL SPECIFICATION

Sl. No
1

Description 350 NB Plain End Cerolene pipe OD Wall Thickness Length 355.6 mm 15 mm 5.0 M

Quantity 60 M

Working pressure 10 Kg / Cm2 Both the ends of the pipe should be perfectly circular for a length of 200 mm to facilitate slip on coupling assembly.

-----SD/----CHIEF ENGINEER, T.T.P.S / TUTICORIN-4