TENDER PROFORMA

(Annexure-I)
Sl.
Particulars To be filled in by the tenderer
No.
1. Tender Specification No. /EDC(S)/2020-21
M/S Mishra Construction Company
2. Name and address of the tenderer. Village & Post Pipra Gautam,
District Basti

3. Year since the firm has started work on contracts.

UTR No.
UTR No., Date, Amount & Bank Name of Tender
Date-
Cost deposited in aforesaid Bank Account of
4. Amount-1180-00
Superintending Engineer, Electricity
Bank-Panjab National Bank
Distribution Circle, Basti via RTGS/ NEFT)

UTR No.
UTR No., Date, Amount & Bank Name of Earnest
Date-
Money deposited in aforesaid Bank Account of
5. Amount-2000-00
Superintending Engineer, Electricity
Bank-Panjab National Bank
Distribution Circle, Basti via RTGS/ NEFT)

Do you agree with all the conditions of tender

6. specification, if not state the deviations you desire from Yes
the general conditions Form B/A.
Give the reference of two scheduled Banks in India,
7.
who can certify your financial status.
Statement of past/current similar supplies /work
8. carried out by your firm. Attach Document
(Attach certified copies of performance.)
9. Mention validity period of your tender. 90 Day
Whether the quoted price offered are firm and firm in Yes
10.
all respect.
State whether the quoted prices are inclusive/exclusive Yes
11.
of Taxes.
Have you read the instructions given in general Yes
12.
conditions of the tender and agree to the same.
Have you filled in and completed schedule of quantity Yes
13.
and prices.
14. Have you read the schedule of technical particulars? Yes

Date :-

Place:-Basti

Signature of the Tenderer

Alongwith Seal
From:-
M/S Mishra Construction Company
Village & Post Pipra Gautam,
District Basti
To,
The Superintending Engineer,
Electricity Distribution Circle,
Purvanchal Vidut Vitran Nigam Ltd.
Siddharthnagar.

Dear Sir,
With reference to your tender for the above work, I/We offer to submit our proposal having rates for
site, erection at site in the schedule annexed or such portion thereof, as you may determine in strict
accordance with the terms, conditions and instructions to the tenderer and conditions of the tender and sale
contained in Part-1 of the above referred tender to the satisfaction of the seller or in default thereof to forfeit
to and pay to PuVVNL, the sum of money mentioned in the said conditions.
THE RATES QUOTED ARE NET AND FIRM AND IN FULL SATISFACTION OF ALL
CLAIMS. I/WE AGREE TO ABIDE BY THIS TENDER FOR THE PERIOD OF 180 DAYS FROM
THE DATE OF OPENING OF BID PART-1.
A sum of Rs. 1180-00 vide no. dated of PNB, Basti, in the form of DD/Bankers
Chequeor RTGS/NEFT having UTR no. vide 20 (Name of Bank) as tender cost has been
deposited in the Discom account. The proof of the same has been annexed with the bid proposal..
A sum of Rs. 2000 vide no. dated of PNB, Basti, in the form of Anex-1 And
having the validity for the period of 180 as earnest money pledged in favour of SE EDC Siddharthnagar is
enclosed, the full value of which shall be retained by the (Name of Discom) on account of earnest money
security deposit specified in the said clause of the “Instructions to the Tenderers”.
I/we hereby undertake and agree to execute a contract in accordance with the said ‘Terms,
Conditions & Instruction to the Tenderer’ of the tender bid specification.
Firm RTGS Details:-
The details of the funds (earnest money/Tender Fees) given by the firm in the present tender, are deposited
in the departmental account, as mentioned herein under:-
Firm current account number-
Name of Bank with address:- Axis bank, Basti
IFSC code of the branch-
Amount:-Rs. mention above & head (EMD/Tender Cost)
UTR no.- mention above
Yours faithfully,

Signature of the authorized Signatory

(With complete address & Seal)
 Part-1
DECLERATION
(To be executed on a non-judicial stamp paper)

Tender Invited by:- Superintending Engineer Siddharthnagar

Tender for:- FOR THE WORK OF fo|qr forj.k [k.M Mqefj;kxat ds vUrxZr xzkeh.k
{ks=ksa esa 250 ds0oh0,0 ,ao 400 ds0oh0,0 tys gq, ,ao {kfrxzLr ifjorZdksa dks 48 ?
k.Vksa ds Hkhrj cnyus ds dk;Z IN THE JURISDICTION OF EDD Siddharthnagar UNDER EDC
Siddharthnagar & Purvanchal Vidut Vitran Nigam Ltd. Varanasi)

Name of Tenderer:- Mithila Devi Shukla

Specification no.:-17/EDC(S)/2020-21

Date of opening of bid part-1:-08-07-2020

IN CONSIDERATION of the EDC Siddharthnagar - Purvanchal Vidut Vitran Nigam Ltd. Varanasi , having
treated the tenderer to be an eligible bidder whose tender may be considered,the tenderer hereby agrees to
the condition that the proposal in response to the above invitation shall not be withdrawn by us within 180
days from the date of opening of the tender (or any extension thereof), also to the condition that if thereafter
the tenderer does withdraw his proposal within the said period, the earnest money deposited by them may be
forfeited by the Superintending Engineer, EDC Siddharthnagar - Purvanchal Vidut Vitran Nigam Ltd.
Varanasi, and at the discretion of the purchaser. The purchaser may debar the tenderer from tendering for a
minimum period of one year reckoned from the date of opening of the tender.

Signed Date
Place:
Signed by

State title whether Proprietor/Partner

(With complete address & Seal)
 Electricity Distribution Circle
Purvanchal Vidyut Vitaran Nigam Limited
Siddharth Nagar.

E-Tender No. 17/EDC(S)/2020-21

Tender description (brief details of works fo|qr forj.k [k.M Mqefj;kxat ds

vUrxZr xzkeh.k {ks=ksa esa 250 ds0oh0,0 ,ao 400 ds0oh0,0 tys gq, ,ao
{kfrxzLr ifjorZdksa dks 48 ?k.Vksa ds Hkhrj cnyus ds dk;Z

Issued By:-
Office of The
Superintending Engineer
Electricity Distribution Circle-Siddharthnagar (U.P)
Phone No …9532420139 I
Website:- https://etender.up.nic.in
Date of Opening of part-1: 08-07-2020
KEY DATES & BASIC TENDER INFORMATION
Tender Cost (inclusive GST): 1180.00
Last date & Time of Submission:- 07-07-2020 Time 16:00 Hours
 NIT

E-Tender Notice

RFP No. 17/EDC(S)/2020-21 Dated: 02.06.2020

E-tenders are invited in two parts (Part-I Techno Commercial Bid and Part II Price Bid) for the the work
of fo|qr forj.k [k.M Mqefj;kxat ds vUrxZr xzkeh.k {ks=ksa esa 250 ds0oh0,0 ,ao 400 ds0oh0,0
tys gq, ,ao {kfrxzLr ifjorZdksa dks 48 ?k.Vksa ds Hkhrj cnyus ds dk;Z in Varanasi Discoms. Bid
document (Tender Specification) is available online on https://etender.up.nic.in as per particulars
indicated below. Any changes in the Bid Schedule, corrigendum etc. shall also be notified via same
website. Prospective bidders are therefore requested to regularly check the website for any updates.

SN Particulars Details
o.
1 e-Tendering Notice no. 17/EDC(S)/2020-21

2 e-Bid Portal (website) https://etender.up.nic.in

3 Name of Work fo|qr forj.k [k.M Mqefj;kxat

ds vUrxZr xzkeh.k {ks=ksa
esa 250 ds0oh0,0 ,ao 400
ds0oh0,0 tys gq, ,ao {kfrxzLr
ifjorZdksa dks 48 ?k.Vksa ds
Hkhrj cnyus ds dk;Z
Supply of material with quantity

4 e-Tender Cost Rs. 1000.00+ GST 180.00 ( @18%)-

Total Rs. 1180.00
(Non- Refundable)
7 Earnest money deposit Rs. 2000.00 (Rs. Two Thousand Only)

8 Document downloading/sale date starts 01.07.2020

9 Document download/ sale date ends 07-07-2020

10 e-Bid submission start date 01.07.2020

11 e-Bid submission end date 07-07-2020

12 Opening date of e-bid part-I 08-07-2020

13 Opening date of e-bid part-II (Price Part) Will be notified later.

Note: Bid shall be accepted thorough the e-tender portal. Tender issuing authority is not responsible for the
delay/downloading of tender document by the recipient due to any problem in accessing the e-tender
website. The tender issuing authority is also not responsible for delay in uploading bids due to any problem
in the e-tender website. Cost of Bid Document (in the form of NEFT/RTGS/DD/Bankers Cheque)&Earnest
Money Deposit (EMD (in the form of NEFT/RTGS/DD/Bankers Cheque))shall be in favour of
Superintending Engineer, Electricity Distribution Circle, Siddharthnagar payable at
Siddharthnagar
Further details are available at website: https://etender.up.nic.in
Discom reserves the right to reject any or all proposals or cancel the bid without assigning any reason
thereof

e-tender no 17/EDC(S)/2020-21 FOR THE WORK OF fo|qr forj.k [k.M Mqefj;kxat ds vUrxZr xzkeh.k
{ks=ksa esa 250 ds0oh0,0 ,ao 400 ds0oh0,0 tys gq, ,ao {kfrxzLr ifjorZdksa dks 48 ?k.Vksa ds Hkhrj
cnyus ds dk;Z IN THE JURISDICTION OF EDD Siddharthnagar UNDER EDC Siddharthnagar &
Purvanchal Vidut Vitran Nigam Ltd. Varanasi)

Eligibility Criteria/Pre-Qualifying Requirements

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fLyiA
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SCHEDULE OF GENERAL PARTICULARS

1. Name of the Tenderer

(a) Head Office address:
(b) Registered Office address:
(c) Postal address of tenderer:
(d) Fax No.:
(d) E-mail id:-

2. Name and address of manufacturer of the major equipments

3. Works:
(a) Location with full postal address
(b) Total space occupied in sq. meters.
(approximate within 5%)
(c) Constructed area in sq. meters
(approximatewith in 5%)

4. Name and address of local representative and his telephone

number
5. Name and address of the officer of the tenderer /
manufacturer to whom all reference shall be made for
expeditious co-ordination.
6. Name of foreign collaborator, if any.
7. Whether the designs are their own or obtained from other
sources. If from other sources the same may be indicated.

8. The name, designation, qualification and experience of the

engineer employed by the tenderer in design, development
and manufacturing of the quoted equipment.

9. Authorised capital of the company.

10. Total annual turnover of the firm during last three financial
years.
11. Actual production per year of the equipment quoted during
last five financial years giving quantity and bill value rounded
off to two decimal place of Rs. Lacs excluding Central
Excise.
12. Manufacturing capacity per month of the quoted equipment
otherwise.
13. State the name and designation of your relative(s) if any,
working in Uttar Pradesh Power Corporation Ltd.
14. Ten percent (10%) Performance Security in terms of
requirement of specification is to be deposited within 30
days of placement of order. Whether or not willing to
deposit. If no, state reasons.
15. Whether certificates for satisfactory performance of offered
equipment enclosed/not enclosed. If yes, give the quantity to
which it refers.

16. Whether quoted ex-works price are firm YES / NO

17. Whether ex-works prices quoted or not. YES / NO
18. Whether packing, forwarding freight & insurance cover (for
transit plus 30 days storage thereafter) has been quoted YES / NO
beside ex-works prices (All these charges are to be clubbed)
19. Whether the erection, testing and commissioning prices are YES / NO
quoted or not
20. Terms of payment as mentioned in relevant clause are YES / NO
acceptable or not
21. Give Sales Tax / Trade Tax registration Number, (Enclose
last clearance certificate)
Central
State
22. Income Tax Clearance Certificate of current and the YES / NO
preceding year enclosed or not.
23. Have you ever been declared bankrupt? If yes, please give YES / NO
details.
24. Whether the Tenderer is agreeable to execute the contract YES / NO
in case the deviations stipulated by him are not acceptable
to the purchaser.
25. Give two references (Name, Designation and complete YES / NO
postal address) that can rectify Tenderer’s financial status
and capacity to undertake such works. One of the
references should be from any scheduled Nationalized bank
in India.
 26. Have you offered any discount and if so, then what is the
rebate/discount in Rs.

NOTE: Bidder shall have to demonstrate his offered system within week of intimation by purchaser.

Seal of the Company Full Signature :

Name :
Designation :
Date :
 SCHEDULE 'G'
(Part II)

DEVIATIONS FROM "TECHNICAL SPECIFICATION

All deviations from the "Technical Specification" shall be filled in clause by clause, in this schedule.
Compliance with the specifications will be taken as granted if the deviations are not specifically mentioned
in this schedule. In case there are not deviation (s), the 'NIL' Information should be furnished. In case
tenderer is required to accept the standard clause, he should indicate the amount in tender bid part – II,
schedule P2 which the tender price will thereby increase / decrease.

Sl. Page No. Clause No. and stipulation Deviation

No. in Purvanchal Vidut Vitran Nigam Ltd.
Varanasi Specification

The Tenders hereby certifies that the above mentioned are the only deviations from the "Technical
Specification".

Seal of the company Signature :

Name :
Designation :
Date :

Page 9 of 37
 SCHEDULE 'H'
(Part II)

DEVIATIONS FROM "INSTRUCTION TO TENDERERS”

All deviations from the "Instructions to Tenderers” shall be filled in clause by clause in this schedule.
Compliance with the specifications will be taken as granted if the deviations are not specifically mentioned
in this schedule. In case there are no deviation (s), the 'NIL' Information should be furnished. In case
tenderer is required to accept the standard clause, he should indicate the amount in tender bid part – II,
schedule P2 which the tender price will thereby increase / decrease.

Sl. Page No. Clause No. and stipulation Deviation

No. in Purvanchal Vidut Vitran Nigam Ltd.
Varanasi Specification

The Tenders here by certifies that the above mentioned are the only deviations from the "Instruction to
Tenderers ".

Seal of the company Signature :

Name :
Designation :
Date :

Page 10 of 37
 SCHEDULE 'I'
(Part I)

DEVIATIONS FROM "GENERAL REQUIREMENT OF SPECIFICATION”

All deviations from the "General Requirement of Specification” shall be filled in clause by clause in this
schedule. Compliance with the specifications will be taken as granted if the deviations are not specifically
mentioned in this schedule. In case there are no deviation (s), the 'NIL' Information should be furnished.
In case tenderer is required to accept the standard clause, he should indicate the amount in tender bid
part – II, schedule P-2 which the tender price will thereby increase / decrease.

Sl. Page No. Clause No. and stipulation Deviation

No. in (Purvanchal Vidut Vitran Nigam Ltd.
Varanasi) Specification

The Tenders here by certifies that the above mentioned are the only deviations from the "General
Requirements of Specification".

Seal of the company Signature :

Name :
Designation :
Date :

Page 11 of 37
 INSTRUCTION TO BIDDERS
1. Definition(s)

In this bid document (including all the appendices), unless the context otherwise requires, the
terms given below shall have the following meanings assigned to them:

1.1 “Addendum” shall mean any other document issued to the bidders in addition to the bid
document by the DISCOM in the context of this bidding process.

1.2 “Agency / Service Provider/Contractor” shall mean the successful bidder who has received
the Letter of Award and signed the agreement with the DISCOM to execute the Contract.

1.3 Award of Contract” shall mean the issue of the Letter of Award/Letter of Intent.

1.4 Bid/Tender” shall mean the proposal/document that the bidder submits in the requested and
specified form as mentioned in bid documents.

1.5 “Bidder” shall mean the firm/party who quotes the offer against a tender or Expression of
Interest.

1.6 “Bid documents” shall mean all the documents issued to the bidder to procure
works/services/materials.

1.7 “BG” shall mean Bank Guarantee.

1.8 “Business” shall mean electricity distribution and Revenue collection activities

1.9 “Companies Act” shall mean The Companies Act, 1956 (as amended or replaced from time
to time).

1.10“Consumer” shall mean any person who is supplied with electricity for his own use by a
licensee or the Government or by any other person engaged in the business of supplying
electricity to the public under this Act or any other law for the time being in force and
includes any person whose premises are for the time being connected for the purpose of
receiving electricity with the works of a licensee, the Government or such other person, as
the case may be;

1.11“Contract” means the Contract Agreement entered into between the DISCOM and the
Agency/servicer/Contractor, together with the Contract Documents referred to therein; all
such documents shall constitute the Contract and the term Contract shall in all such
documents be construed accordingly.

1.12“Contract value” shall mean the Original contract value, as adjusted after giving effect of (i)
price escalation (as per the statutory provisions), and (ii) changes in statutory taxes which is
to be compensated by DISCOM as per the contractual provisions (if any).

1.13“Circle office” shall mean offices which manage and control working of Divisions. Circle
Office operates under Regional Office and has a number of divisions.

Page 12 of 37
 1.14“Division office” shall mean offices which manage and control working of EDCs/ Zones.
Division Office operates under Circle office and have a number of EDCs/ Zones.

1.15“EMD” shall mean Earnest Money Deposit.

1.16“Engineer In charge” shall be the officer under whose office the work stipulated in contract
is executed.

1.17“Instruction” shall mean any drawings and/or instruction in writing, details, directions and
explanations issued by the DISCOM from time to time during the Contract Period.

1.18“Month” shall mean calendar month.

1.19“Notice in Writing” or “Written Notice” shall mean a notice, in written, typed or printed
characters sent (unless delivered personally or otherwise proved to have been received) by
registered post to the last known private or business address or registered office of the
addresses or electronic media and shall be deemed to have been received when in ordinary
course of post it would have been delivered.

1.20“DISCOM” or “Service Recipient” or “Discom” shall mean Purvanchal Vidut Vitran Nigam
Ltd. Varanasi

1.21“Services” shall mean all the services which the successful bidder is required to provide
under the scope of work to the DISCOM under the Contract.

1.22“Successful bidder” shall mean the bidder who has received the letter of award/Loi from the
DISCOM to execute the work as per specification/contract.

1.23“Work Order” means written order signed by the DISCOM after the successful bidder has
acknowledged the LOA/LoI. This along with LOA, Specifications (RfP) document and the
bidders response to RfP shall constitute Part of the Contract.

1.24“Work” shall mean services to be provided by the Agency under the „Work Order‟ or
“Contract‟.

1.25“Zone” means Distribution Zone operates Operation & Maintenance (O&M) activities for a
defined area in city divisions. Zone is a smallest business unit in Discom in city divisions.
Zone works under city Division office.

2. Availability of Bid documents

2.1 The bid document will be uploaded on the DISCOM‟s website/E-portal of Government of
Uttar Pradesh (GoUP) as mentioned in E-tender Notice, the same can be downloaded and
submitted on E-portal along with desired EMD on due dateas specified in E-tender notice os
bid document. The tender fees shall have to be submitted alongwith submission of the bid.

3. Invitation of Bids
3.1 The DISCOM is hereby inviting unconditional bids for procuring works/services/material as
specified in the bid document through domestic competitive bidding (open bidding mode)
from bidders fulfilling the criteria specified in Section-A “Eligibility criteria for bidders”.

Page 13 of 37
 3.2 The bidding process shall be undertaken through Single-Stage Two-Envelope method
through e-tendering. The tender information has been provided in relevant section of Bid
documents.

4. Consortium/Joint venture Bidding

Consortium bidding/Joint venture bidding as mentioned in Pre-qualification requirement.
5. Eligible Bidders
5.1 A Bidder may be an individual, private entity, government-owned entity - subject to clause
5.2 below, and shall furnish as part of their unconditional bid, documents establishing the
bidder‟s qualifications to perform the works/services to the satisfaction of the
DISCOM/Service Recipient. The detailed eligibility criteria are listed out in Section – :
Eligibility Criteria for Bidders.

5.2 Bidders shall provide such evidence of their continued eligibility satisfactory to the EDC
Siddharthnagr -DISCOM, as the DISCOM shall reasonably request.

6. Responsibility of bidder(s)

6.1 The DISCOM will not assume any responsibility regarding information gathered,
interpretations or conclusions made by the bidder or regarding information, interpretations or
deductions the bidder may derive from the data furnished by the DISCOM or any other data.

6.2 Verbal agreement or conversation with any officer/employee of the DISCOM either before
or after the submission of bid shall not affect or modify any of the terms and conditions or
obligations contained herein.

6.3 It shall be the sole responsibility of bidders to determine and to satisfy themselves by such
means as they consider necessary or desirable as to all matters pertaining to this bidding
process including in particular all factors that may affect the cost, duration and execution of
the works/services.

7. Eligibility criteria

7.1 The bidder(s) shall furnish, as part of their unconditional bid, documents establishing the
bidder's qualifications to perform the works/services to the satisfaction of the DISCOM. The
detailed eligibility criteria are listed out in Eligibility criteria/Pre-Qualificationrequirement of
this bid document.

7.2 Notwithstanding anything stated therein, the DISCOM reserves the right to inquire and
review the bidder's capability and capacity to perform the work during the course of
evaluation or after award.

8. Project site visit

8.1 The bidder is advised to visit and examine the site where the works/services is to be executed
and its surroundings; and obtain for himself on his own responsibility all information that
may be necessary for preparing the bid, submission of offer and entering into a Contract for
execution of works/services. The cost of visiting the site shall be borne by the bidder.

Page 14 of 37
 8.2 The bidder and any of its authorized personnel shall be granted permission by the DISCOM
to enter in its premise(s) and land(s) for the purpose of such inspection, but only upon the
condition that the bidder and its personnel shall release and indemnify the DISCOM and its
personnel from and against all liability in respect thereof and shall be responsible for death or
personal injury, loss of or damage to property.

9. Process to be Confidential

9.1 This bid document and any other document(s) released, information provided, discussions
held, etc., as part of the bidding process, is strictly confidential and must not be divulged to
anyone who is not directly involved in preparation of the bid, and the bidder(s) shall keep all
information within this proposal or gained during the bidding or other processes confidential.
No information or publicity will be allowed to any third party unless specific written
authorization is obtained from the DISCOM.

10. Clarifications on bid documents

10.1The bidders are expected to be fully conversant with all the clauses of the bid document
before responding to it. However, prospective bidder(s) requiring any clarification on
bidding documents may notify the DISCOM in writing through email/fax/post, to the address
as mentioned in E-tender Notice of this bid document, two days prior to the Pre-bid
conference, if any. The queries shall be accepted only from the accredited/authorized officers
or executives of the bidder(s).

10.2Pre-bid Conference:-The Discom may invite a pre-bid conference in which all prospective
bidders are requested to participate. The date, time and place of pre-bid conference is
mentioned in the NIT/e-portal. The bidders are requested to send their authorized
representatives to attend the prebid meetings alongwith the queries regarding the bid
documents, if any. The reply of queries will be uploaded on e-portal, only. However,
attending the pre-bid conference is not a mandatory requirement for submitting the bid
documents.

10.3The DISCOM will respond only to those queries or request(s) for clarification that it receives
during pre-bid conference or prior to the scheduled/extended date of submission of bid
documents as prescribed by the DISCOM. Replies to the clarifications sought and
corresponding amendment(s) to the bid, if any, will be intimated to all bidders through e-
portal only. All such clarifications shall form part of the bid documents and shall be
incorporated in the bidder’s Proposal.

10.4The DISCOM reserves the right to defer/decline responding or addressing to such

queries/clarification sought that it feels are inappropriate without assigning any reasons
whatsoever.

10.5The copies of all the replies/clarifications issued by the DISCOM shall also be a part of the
tender specification.
11. Preparation of Bids
11.1The bidder shall submit only one (1) unconditional bid in response to this tender/bid
document.

Page 15 of 37
 11.2The transfer of bid document(s) purchased by one bidder to another is not permissible in any
case. Such bids shall be summarily rejected by the DISCOM.

11.3The price bid should be duly filled and signed in accordance with the terms and conditions
specified in bid documents thereto for online submission.

11.4All pages of the bid document(s) including conditions of Contract, specification, etc., shall
bear the full signatures with official rubber stamp (at the bottom right hand corner of the
page) by the bidder. Necessary documents in support thereof must be enclosed with bid
documents at the time of submission, failing which bid will be treated as non-responsive and
will not be considered. Any bid not bearing signatures on all the documents will stand liable
for rejection.

11.5General information, which is not specifically requested for in the bid documents, must be
attached separately to the techno-commercial proposal and clearly labelled as "Supporting
Material".

12. Deviations from terms and conditions of the bid

12.1The bidder must furnish Annex. G, H & I.Proforma for “No Deviations‟ from Terms and
Conditions of Bid Document given as Annexure duly filled and signed by the authorized
signatory of bidder.

13. Bid Forms

13.1Wherever a specific form or schedule is prescribed in the bid document, the bidder shall use
the same to provide relevant information. If the form or schedule does not provide space for
any required information, space at the end of the form or additional sheets shall be used to
convey the required information.

13.2For all other cases, the bidder shall design a form to get the required information from the
bidder.

13.3DISCOM shall in no case be bound by any printed conditions or provisions in the bidder's
bid forms whatsoever.

14. Conditional Bid

14.1The bidders shall offer only unconditional bid as conditional bid are liable to be rejected.

14.2Bidder‟s printed terms and conditions enclosed with the proposal/offer will not be
considered as a part of the Bid under any circumstances whatsoever it may be. These types of
bids shall be deemed as conditional bids and shall stand liable for rejection.

15. Deadline for submission of bids

15.1Bids must be submitted on in e-portal only butno later than the time and date as specified in
E-tender Notice of Tender Document. In the event of the specified date for submission of
bids being declared a holiday for the DISCOM, the bids will be received up to the appointed
time on the next working day. Such postponement of date will not have any impact on the
other dates specified in the bidding documents (i.e. bid validity and validity of bid security).

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 15.2The DISCOM may, at its discretion, under intimation to the bidders who have purchased the
bidding documents, extend the deadline for the submission of bids/opening of bids by issuing
an addendum, in which case all rights and obligations of the DISCOM and bidders
previously subject to the original deadline shall thereafter subject to the deadline as
extended.

16. Late Bid

16.1Bid(s) received by the DISCOM after the bid submission/opening deadline as prescribed in
the bid documents will be summarily rejected and shall not be opened to the bidder(s).

17. Withdrawal of Bids

17.1The bidder shall not be permitted to withdraw their bid during the interval between bid
submission deadline (as mentioned in e-tender) and the period of bid validity as per e-tender.
If any withdrawal of bid is made by the bidder during the above period, it shall result in the
forfeiture of the EMD.
18. Associated cost of bid preparation and submission
18.1The bidder shall bear all the cost and expenses associated with preparation and submission of
its bid including post bid discussions, technical and other presentations, etc.
18.2The DISCOM shall in no case be responsible for or liable to the costs or in DISCOM
evaluation of bids, regardless of the conduct or outcome of the bidding process.

19. Request for Modifications/Amendments in Bid Specification:-

19.1The bidders may request for clarification or changes in the bid documents by submitting the
issues prior to the pre-bid conference date as specified in E-notice tender.

19.2The DISCOMat their sole discretion may modify the bid documents if deemed appropriate
by issuing addendum as a result of a request or clarification discussed during the pre-bid
conference.

20. Language of the bid

20.1The bid prepared by the bidder and all documents relating to the bid, exchanged between the
bidder and the DISCOM shall be written in the English language, provided that any printed
literature furnished by the bidder may be written in another language so long as the bid is
accompanied by duly certified English translation of its pertinent passages. Failure to comply
with this may disqualify a bid. For purposes of interpretation of the bid, the English
translation shall prevail
21. Amendment(s) to bid documents
21.1At any time prior to the deadline for submission of the bid or extended date, if deemed
necessary, the DISCOM reserves the right to add/modify/delete any portion of bid document
by issue of an amendment/addendum, which will be sent to all such bidders, who have
indicated their intention to bid. The DISCOM will bear no responsibility or liability arising
out of non-receipt of the same in time or otherwise by the bidder. The DISCOM shall assume
that the information contained therein will have been taken into account by the bidder in its
bid.
21.2The amendment(s) to bid documents shall be binding on all bidders.

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 21.3In a scenario where the interested bidder has already submitted its bid post which the
DISCOM issues an addendum/amendment to this bid document then such bidders shall be
allowed to submit addendum to the already submitted bid but not after opening of Bid
envelope-I.
22. Earnest Money Deposit
22.1The EMD amounting Rs. 2000.00 (1% of cost estimate) shall be submitted online through
DD/NEFT/RTGS/BG. RTGS/NEFT receipts to be uploaded on the E-tendering portal.
The bidders are required to deposit EMD online through NEFT/RTGS in Bank
Account Number 3963002100016652 , IFSC code PUNB0396300, MICR code
272024303 in the name of Superintending Engineer. of EDC- Siddharthnagar
PuVVNL in bank Punjab National Bank, Uska Road, Siddharth Nagar,
272207 through DD/Bankers Cheque in favour of Superintending Engineer and
payable at Siddharthnagar or in form of bank Guarantee in favour of
Superintending Engineer, EDC siddharthnagar. Proof of on line deposit viz.
Unique Transaction Reference (UTR) number or copy of original pay in slip of the
bank, scanned copy of original bank Guarantee along with copy of confirmation mail
from issuing bank shall be uploaded e-ProcurementportalofGoUP.
22.2The bid proposal/offer shall necessarily contain EMD of requisite amount and should be
furnished through appropriate mode as specified in Section- “Essential tender information on
e-portal” of the bid document. In case EMD is to be deposited through a BG/DD from a
scheduled nationalized bank and in prescribed format, the same shall be uploaded while
filling the e-tender. The bidder shall to submit the BG/DD (in original) in Discom office
within 5 days of opening of bid part-1, failing which their bid shall not be considered for
opening of their bid part-2 (Price Part).

22.3Any bid proposal/offer not accompanied by the EMD shall be rejected and returned to the
bidder unopened.

22.4If on opening of bid any discrepancy in EMD is found (relating to amount, etc.), the bid shall
be summarily rejected.

22.5In case of unsuccessful bidders, the EMD shall be refunded after successful submission of
Contract performance guarantee by the successful bidder. No interest whatsoever shall be
payable on such deposits lying with the DISCOM.

22.6If the successful bidder fails to furnish the contract performance guarantee within thirty (30)
days after the issue of Letter of Award (LoA), their EMD shall be liable to be forfeited.

22.7In case the bidder is likely to be awarded the Contract or if the case has not been finalized,
the EMD shall be retained for the period equal to the bid validity period. The EMD of
successful bidder shall become part of the initial contract performance guarantee. No interest
shall be payable on such deposits lying with the DISCOM.

22.8The DISCOM reserves the right to forfeit EMD or part thereof in circumstances and initiate
actions as deemed appropriate, which according to it indicates that the bidders are not earnest
in accepting/executing orders placed under given specifications.

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 22.9The bank charges (if any) shall be attributable to the bidder, only.

22.10 EMD shall be forfeited in case of withdrawal or modification of a bid/offer after opening
of the bids within the validity period as specified in E-teder Notice.

23. Documents comprising the bid and sealing of bid

23.1Part-I (A)-Envelope- (to be submitted online as well as payment receipt physically super
scribing “Earnest Money Deposit” along with tender/bid specification number; name of
work/service; name, address and contact of the bidder; and due date/time of bid opening): It
shall contain EMD details. However, scanned copy of document in support of proof of online
submission of EMD must be uploaded and submitted physically also in Envelope-I (A),
within 5 days of opening of bid part-1.

23.2Part-I(B)-Envelope- (to be submitted online only): It shall contain all the documents as
notified in Section-“Eligibility criteria of bidders” of the bid document in scanned format.
Other documents/Performa (if any) provided in Annexure or elsewhere in the bid document
and are pertinent to techno-commercial evaluation shall necessarily be furnished (duly filled
and signed) in scanned copies.

23.3Part-II- Price Bid- Price Bid shall be submitted online only in the Performa as per BoQ
While preparing the Price Bid, bidders are expected to take into account the requirements
and conditions outlined in the bid documents.
Part I(A) and Part I (B) shall be referred as Enevelope-1.
24. Submission of bid
24.1Both the Part-1 and Part-2 shall be submitted online only and physically in separate sealed
envelopes and these envelopes shall be properly super scribed as Part-I: “Earnest Money
Deposit”. Each envelope shall also be super scribed with tender/bid specification number;
name of work/service; name, address and contact of the bidder; and due date/time of bid
opening.
 The bidders are requested to ensure that they furnish the envelope–I and II
appropriately online which should be DIGITALLY signed. Any correction /
overwriting should be signed by the bidder. An offer with correction / overwriting
without signature of the bidder is likely to be rejected.
 The Bidders are requested to ensure that all required schedules duly filled-in, are
submitted. The bidders should also note that in absence of any of the schedules
except price bid, their offer is likely to be rejected.
 Transfer of the documents purchased online by one bidder to any other bidder is not
permissible.
 The submission of a tender by the bidder implies that he has read and accepted the
instructions, conditions of the Contract and made himself aware of the scope and
specifications of the work to be done/ supplies to be made. The DISCOM will not,
after acceptance of Contract rate, pay extra charges for any reason whatsoever, in
case the bidder is found later to have misjudged any condition(s).
 It is necessary to purchase the Bid documents online from e-portal of GoUP.

24.2PERIOD OF VALIDITY :- The period of validity shall not be less than that specified in the
Bid documents.

24.3Nobody is authorized to receive or issue receipt of bid delivered by hand.

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 24.4All required copies of the Techno-commercial Proposals are to be made from the original.

24.5An authorized representative of the bidder shall initial all pages of the original
proposal/offer. The authorization shall be in the form of a written power of attorney in the
name of the Bidder purchasing the proposal. The signed proposal shall be marked as
“ORIGINAL”.

24.6Bid shall be submitted in the forms attached herein and all blanks in the bid shall be duly
filled in the original copy. The complete forms shall form part of Contract documents in case
of successful bid.

24.7The bidder should quote the prices strictly online in the manner indicated herein failing
which the bid is liable for rejection. The rate/prices shall be in figures.

24.8No post bid development shall be allowed regarding any change in terms of prices or techno-
commercial specifications. Notwithstanding anything contained to the contrary in the
specifications of the bid or in subsequent exchange of correspondence, these conditions of
Contract shall be binding on the bidder and any change or variation expressed or implied,
however, made in the said condition shall not be entertained whatsoever.

24.9The bid documents include certain statements, description, projections etc. with respect to
the DISCOM and their businesses. They reflect various assumptions made by the
management and/or their consultants. No representation, promise or warranty is given to
their reasonableness, completeness or otherwise. The bidders are expected to make their own
judgments of the same. Upon receipt of their bids, it shall be construed that they have based
it on their own independent analysis and judgment.

25. Opening of bids

25.1The DISCOM shall open online bids at the date and time for opening of bids as specified in
Section-I “Essential tender information” of this bid document or on the date and time as
intimated to the bidder on successful completion of evaluation of techno-commercial bids in
case of Single-Stage Two-Envelope bidding. In the event of the specified date for the
opening of bids being declared a holiday for the DISCOM, the bids will be opened at the
appointed time on the next working day.

25.2Bids that are not opened and read out at bid opening will not be considered for further
evaluation, regardless of the circumstances.

25.3The bidders‟ names, bid prices, and the presence or absence of the requisite EMD and such
other details as DISCOM at its discretion may consider appropriate, will be recorded at the
time of bid opening.

25.4In the case of Single-Stage Two-Envelope bids, on the bid opening date only the techno-
commercial bid shall be opened. The date for opening of the Price bid shall be as per Key
date. In case of extension of due date, the same shall be uploaded in DISCOM‟s website& e-
potral and accordingly Key date shall be amended. No separate intimation shall be given to
the bidders.

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  Opening of Envelope-I (A) (containing Earnest Money Deposit) and Envelope- I (B)
(containing Techno-commercial bid): The first envelope with EMD shall be opened on
the due date and time of bid opening as specified in Section-I Essential tender
information of this bid document. The requirement for EMD shall be verified and
thereafter the second envelope, i.e. the Techno-commercial bid, shall be opened on the
same date in respect of eligible bidders (whose EMD is found to be as per the
requirements).

 Opening of Envelope-II - Price bid: Price Part of only those Bidders shall be opened
on-line who are determined as having submitted substantially responsive bids and are
ascertained to be qualified to satisfactorily perform the Contract. A negative
determination of the bids, shall be notified by the DISCOM to such Bidders and the
price bid uploaded by them shall not be opened

25.5In the event, the DISCOM, in its discretion, decides not to open the bid for want of adequate
response to the bidding, the DISCOM may either extend the bid pursuant to Clause no. 15.2
and 26.1 of Section-III: Instructions to Bidders or cancel the bidding process.

25.6It is to be noted that the bid evaluation will be executed strictly as per procedure mentioned
in Bid evaluation section.
26. Change in date and time of opening of bids
26.1It may be noted that the due date/time of opening of bid can be altered/extended if desired by
the DISCOM, without assigning any reason thereof. However, due intimation shall be
available at DISCOM‟s website. The bidder shall be responsible for keeping itself updated
on the changes in date and time of opening of bid.

27. Canvassing of bids

27.1Bid shall be deemed to be under consideration, after opening of bid, till placement of order to
the successful bidder. During this period, the bidders or their authorized representative(s) or
other interested parties are advised strongly in their own interest, to refrain from contacting
or influencing by any means any of the DISCOM‟s personnel or representative on matters
relating to bid under process. As any such effort or activity may result in rejection of that
bidder‟s proposal/offer.

28. DISCOM’s right to accept any bid, and to reject any or all bids
28.1The DISCOM reserves the right to accept or reject any bid, and to annul the bidding process
and reject all bids at any time prior to award of Contract, without thereby incurring any
liability to the affected bidder(s) or any obligation to inform the affected bidders) of the
grounds for such decision. No correspondence, in any form, and at any time, shall be
entertained by the DISCOM in this regards.
29. Currency of Price Bid

29.1For the works/services required in the bid, all prices or rates shall be quoted in Indian
National Rupees (INR) only as the payment for such works/services shall be made in Indian
currency only (i.e. Indian National Rupees).

30. Interpretation of conditions of bid(s)

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 30.1The DISCOM shall be the final authority to interpret any or all condition(s)/clause(s)
specified in the bid documents at any point of time. In case any ambiguous or contradictory
term(s)/condition(s) arise in the bid, interpretation as deemed appropriate by the DISCOM
shall be final and binding on all the bidders.

31. Validity of bids

31.1The bidder’s proposal must remain valid for acceptance for a period of 180 days from the
date of opening of bid (Envelope-1) or any other extended date for their receipt or any other
extended period consented upon by the bidders. The DISCOM may ask the bidder to extend
the validity period of their bid) and during this period no bidder shall be allowed to withdraw
their bid. Any such withdrawal during the said period will entail forfeiture of EMD deposited
by the bidder with their bid. The bidders who agree to such extension shall confirm that they
maintain the availability of the professional staff nominated in the proposal or in their
confirmation of extension of validity of the proposal.

31.2The bid along with the rates and condition thereby shall be open for acceptance of the
DISCOM for a period of 180 days from the date of opening of the bids and no request for
any variation in quoted rates and/withdrawal of tender on any ground by successful bidder be
entertained within validity period. In case the DISCOM requests for extension of the validity
period, the bidder may extend the validity without changing the terms and conditions of their
bid (except change in wages or any other statutory compliance as per Government norms). In
case Bidder does not extend the validity, he/she must respond his/her unwillingness within 7
working days from the date of receipt of letter to this intent so that his EMD/bid security can
be returned.

32. Issue of Letter of Award, Contract Signing and Issue of Work Order
32.1The DISCOM shall award the Contract to the bidder whose bid has been adjudged successful
after techno-commercial and financial evaluation.

32.2The DISCOM shall issue a detailed Letter of Award (LoA) to the successful bidder
.
32.3Post issue of Letter of Award to the successful bidder, Contract Agreement shall be signed
between the two parties at respective Circle Offices.

32.4After signing of the Contract Agreement, work order shall be issued by respective Circles.

33. Bid evaluation

Preliminary examination
.
33.1The DISCOM will examine the bids to determine whether they are complete, whether
required sureties have been furnished, whether the documents have been properly signed,
and whether the bids documents are generally in order.

33.2The DISCOM may waive any minor informality, nonconformity or irregularity in a bid that
does not constitute a material deviation, whether or not identified by the Bidder in its bid,
and that does not prejudice or affect the relative ranking of any Bidder as a result of the
technical and commercial evaluation,

Examination of Substantive responsiveness and Qualification requirement

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33.3Prior to the detailed evaluation, the DISCOM will determine whether each bid is of
acceptable quality, is complete and is substantially responsive to the Bidding Documents.
Any deviations, conditionality or reservation introduced will be reviewed to conduct a
determination of the substantial responsiveness of the bidder‟s bid. For purposes of this
determination, a substantially responsive bid is one that conforms to all the terms, conditions
and specifications of the Bidding Documents without any material deviations, objections,
conditionalities or reservations and complies with all the statutory laws in force as amended
from time to time. A material deviation, objection, conditionality or reservation is one (i) that
affects in any substantial way the scope, quality or performance of the Contract; (ii) that
limits in any substantial way, inconsistent with the Bidding Documents, the DISCOM‟s
rights or the successful Bidder‟s obligations under the Contract; or (iii) whose rectification
would unfairly affect the competitive position of other bidders who are presenting
substantially responsive bids.

33.4During bid evaluation, the DISCOM may, at its discretion, ask the Bidder for a clarification
of its bid. In case of erroneous/non-submission of documents required to be submitted by the
Bidder as per the provisions of the Bidding Documents, the DISCOM may give the Bidder
not more than 7 working days‟ notice to rectify/furnish such documents, failing which the
bid shall be rejected.

The request for clarification and the response shall be in writing, and no change in the price
or substance of the bid shall be sought, offered or permitted.

33.5Bids containing deviations from critical provisions will be considered as non-responsive.

33.6If a bid is not substantially responsive, it will be rejected by the DISCOM, and may not
subsequently be made responsive by the Bidder by correction of the nonconformity. The
DISCOM‟s determination of a bid‟s responsiveness shall be based on the contents of the bid
itself without recourse to extrinsic evidence.

33.7The DISCOM will ascertain to its satisfaction whether Bidders determined having submitted
substantially responsive bids are qualified, as per the Qualification Requirement mentioned
in the bid documents. The DISCOM shall be the sole judge in this regard and the DISCOM‟s
interpretation of the Qualification Requirement shall be final and binding.

33.8The determination will take into account the Bidder‟s financial, technical capabilities, in
particular the Bidder‟s Contract work in hand, future commitments and past performance
during execution of contracts that have been awarded by the DISCOM on the Bidder. It will
be based upon an examination of the documentary evidence of the Bidder‟s qualifications
submitted by the Bidder, as well as such other information as the DISCOM deems necessary
and appropriate. This shall, however, be subject to assessment that may be carried out, if
required, by the DISCOM.

33.9The DISCOM may waive any minor informality, nonconformity or irregularity in a bid that
does not constitute a material deviation, affecting the capability of the Bidder to perform the
Contract.

33.10 An affirmative determination will be a prerequisite for the DISCOM to evaluate the
Techno - Commercial Part and to intimate successful bidders to be present on new date, time

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 & location to open the online price schedule of the Bidder. A negative determination will
result in rejection of the Bidder‟s bid.

33.11 The bid from those bidders shall not be accepted who failed to submit Performance
Security on issue of Letter of Award (LoA) for any other Contract of DISCOM in past 3
years.

33.12 To assist in the analysis, evaluation and computation of the bids, the DISCOM may ask
bidders individually for clarification of their submitted bids. The request for clarification and
the response shall be in writing but no change (whatsoever) in the price or substance of the
bid offered shall be permitted.

33.13 After successful evaluation and compliance to techno- commercial condition (satisfying
the qualification requirement), financial bid shall be opened.

34. Period of Contract

The period of Contract under the scope of work shall be up to …….months from the date of
placement of LOI/LOA. Further, the Discom may terminate the contract by giving 30 days’
notice without assigning any reason.
35. Contract Performance Guarantee
A Contract Performance Security, the successful Bidder, to whom the work is awarded, shall be
required to furnish a Performance security from a Public Sector Indian Bank, in the specified
format (NEFT/RTGS/DD/Bankers Cheque/Bank Guarantee) in favour of the Owner. The
guarantee amount shall be equal to Ten percent (10%) for Supply/work/services contract, of
the total Contract price and it shall guarantee the faithful performance of the Contract in
accordance with the terms and conditions specified in these documents and specifications.
Proforma annexed as Annexure……...
The guarantee shall be valid till the end of Warranty Period (-------- Months) from the date of
commissioning) and handing of the work/completion of all the ordered quantity (for supply
contract only).The bank guarantee should also have a further claim period of 90 days from the
date of completion of the contract.
In any case, the successful bidder shall not be allowed to deduct CPG amount from their running
bills and they are required to submit valid & requisite Contract Performance Guarantee.
36. Terms of Payment:-
A. For Supply of Material:-
(1) Subject to any deduction, which the purchaser may be authorized to make under the
contract or subject to any additions or deductions provided for under “Variation in
Quantity Clause”, the contractor shall, on the certificate of Engineer, be entitled to
payment as follows:-
(a) Ninety Percent (90%) of the F.O.R. contract value of the plant alongwith 100% of taxes
as applicable on finished material/equipment shall be made through bank, intimated by
the purchaser in Rupees, on receipt by the purchaser of material/equipment and the
following documents:-
(b) Unconditional acceptance of the Letter of Award/Letter of Intent and signing of contract
agreement by the Contractor.

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 (c) An unconditional & irrevocable Bank Guarantee for Ten Percent (10%) of the total
Contract price towards Contract Performance Guarantee (CPG) in accordance with
proforma attached. The said bank guarantee shall be valid upto ninety (90) days after
expiry of the Warranty Period and shall be extended from time to time till ninety (90)
days beyond successful completion of warranty period, as may be required under the
Contract.

(d) Evidence of dispatch (R/R or receipted L/R)

(e) Contractor’s GST invoice, claim& packing list identifying contents of each shipment.

(f) Copy of Certificate to the effect of payments of State/ Central taxes, duties, levies etc
have been made against supply of materials through sub-vendors under the contract.

(g) Certified copy of Insurance policy/Insurance Certificate.

(h) Manufacturer’s/Contractor’s guarantee certificate of Quality.

(i) Material Dispatch Clearance Certificate (MDCC) / Dispatch Instructions (DI) for
dispatch of materials from the manufacturer’s works. MDCC/DI shall be issued by
authorized officer of Employer
(j) Manufacturer’s copy of challan.

(k) submission of the certificate by the Employer’s representative that the item(s) have been
received,

(b) Ten Percent (10%) of the F.O.R contract value on the presentation of the Contractor’s
GST invoice when each commercially useable section of the plant/equipment or all the
ordered quantities in the contract has been delivered and received at store or at a
designated point by the Engineer in Charge and checked at site of the work or, within one
month of such delivery, whichever is earlier.
Provided that each of the paymentsunder this clause shall be due on the last of the
month in which the invoice for the amount due together with the necessary documents is
received by the purchaser.
(2) If at the time at which the last installment becomes payable there are minor defects in the
plant which are to of such Importance as to affect the full commercial use of the plant,
then the Purchaser shall be entitled to retain such part of the installments as represents the
cost of making good such minor defects, and any sum so retained shall, subject to the
provisions of maintenance clause 30 of Form ‘B’, become due upon such minor defects
being made good.
B. For Work/Services Contract:-
1. Progressive payments (Supply):
1.1. First Installment (60%) : Sixty percent (60%) payments against various items of price
schedule/BoQ including 100% Taxes etc. shall be paid on receipt and acceptance of
Materials on submission of documents indicated herein under:

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 a. Unconditional acceptance of the Letter of Award/Letter of Intent and signing of
contract agreement by the Contractor.
b. An unconditional & irrevocable Bank Guarantee for ten percent (10%) of the total
Contract price towards Contract Performance Guarantee (CPG) in accordance with
proforma attached. The said bank guarantee shall be valid upto ninety (90) days after
expiry of the Warranty Period and shall be extended from time to time till ninety
(90) days beyond successful completion of warranty period, as may be required
under the Contract.

c. Evidence of dispatch (R/R or receipted L/R)

d. Contractor’s GST invoice, claim& packing list identifying contents of each

shipment.

e. Copy of Certificate to the effect of payments of State/ Central taxes, duties, levies etc
have been made against supply of materials through sub-vendors under the contract.

f. Certified copy of Insurance policy/Insurance Certificate.

g. Manufacturer’s/Contractor’s guarantee certificate of Quality.

h. Material Dispatch Clearance Certificate (MDCC) / Dispatch Instructions (DI) for

dispatch of materials from the manufacturer’s works. MDCC/DI shall be issued by
authorized officer of Employer
i. Manufacturer’s copy of challan.

j. submission of the certificate by the Employer’s representative that the item(s) have
been received,

k. Submission of certificate by Section Holder/Junior Enginer of the Contractor that

materials have been supplied as per technical specification, scope of work &
approved drawings enclosing certified copy of inspection reports and dispatch
clearances.

1.2. Second Installment (30%): Thirty percent (30%) payments against various items of price
schedule 1 shall be paid on following conditions:
a. Unconditional acceptance of the Letter of Award and signing of contract agreement by
the Contractor.

b. An unconditional & irrevocable Bank Guarantee for ten percent (10%) of the total
Contract price towards Contract Performance Guarantee (CPG) in accordance with
proforma attached. The said bank guarantee shall be valid upto ninety (90) days after
expiry of the Warranty Period and shall be extended from time to time till ninety (90)
days beyond successful completion of warranty period, as may be required under the
Contract.

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 c. Submission of the certificate on measurement book by the Project Manager that the
item(s) have been received,

d. Submission of certificate on measurement book by Section Holder/Junior Engineer that

the material has been erected successfully at site and the work is complete in all respect.

e. Submission of compliance report of defects pointed out by Engineer of Contract.

1.3. Third and Final Installment (10%):

a. The balance ten percent (10%) of payment against Supply contracts excluding Taxes etc
shall be reimbursable on successful supply, erection, testing and commissioning of the
works in the award contract and issuance of Taking over Certificate by the Employer.
b. ‘Commissioning’ for the purpose of payments shall mean satisfactory completion of all
supplies, erection, commissioning checks and successful completion of all site tests and
continuous energisation of the equipment/ materials at rated voltage as per the Contract
and to the satisfaction/approval of the Employer.
c. On submission of the certificate by the Section Holder/Junior Engineer that the item(s)
have been received, erected, tested and commissioned.

d. On certification by Section Holder/Junior Engineer for validity of an unconditional &

irrevocable Bank Guarantee for ten percent (10%) of the total Contract price towards
Contract Performance Guarantee (CPG) in accordance with the provisions of the contract.

e. Contractor’s GST invoice

2. Progressive payments (Erection):

2.1. First Installment (90%) : Ninety percent (90%) payments against Erection contracts shall
be paid on erection, testing and commissioning of works and on submission of documents
indicated herein under:

a. Unconditional acceptance of the Letter of Award and signing of contract agreement by

the Contractor.
b. An unconditional & irrevocable Bank Guarantee for ten percent (10%) of the total
Contract price towards Contract Performance Guarantee (CPG) in accordance with
proforma attached. The said bank guarantee shall be valid upto ninety (90) days after
expiry of the Warranty Period and shall be extended from time to time till ninety (90)
days beyond successful completion of warranty period, as may be required under the
Contract.
c. Certified copy of Insurance policy/Insurance Certificate.
d. Contractor’s GST invoice

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 e. Material reconciliation statement consisting of the materials utilized for erection, testing
& commissioning.

f. Submission of certificate on measurement book by Section Holder/Junior Engineer that

materials under consideration have been erected, tested and commissioned as per
technical specification, scope of work & approved Drawings/Manuals.

g. Test check certification on Measurement Book be recorded by officers in hierarchy with

the claim as per policy.

2.2. Second and Final Installment (10%):

a. The balance ten percent (10%) of payment against Erection contracts shall be released on
successful commissioning of the works in the contract and issuance of Taking over
Certificate of the project.
b. ‘Commissioning’ for the purpose of payments shall mean satisfactory completion of all
supplies, erection, commissioning checks and successful completion of all site tests and
continuous energisation of the equipment/ materials at rated voltage as per the Contract
and to the satisfaction/approval of the Employer.

c. On submission of the certificate by the Section Holder/Junior Engineer that the

equipment/materials have been erected, tested and commissioned.

d. On certification by Section Holder/Junior Engineer for validity of an unconditional &

irrevocable Bank Guarantee for ten percent (10%) of the total Contract price towards
Contract Performance Guarantee (CPG) in accordance with the provisions of Contract.
The said Contract Performannce guarantee shall be initially valid upto ninety (90) days
after expiry of the Warranty Period and shall be extended from time to time till ninety
(90) days beyond successful completion of warranty period, as may be required under the
Contract.

e. On certification of Section Holder/Junior Engineer for reconciliation of materials and

payments.

f. On certification of Section Holder/Junior Engineer that assets under the project are
created and are taken over by Employer.

g. Contractor’s GST invoice

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 General Conditions of the Specification
1. Discom’s representative

1.1 The Discom shall appoint an officer/employee designated as the Controlling Officer/Officer-in-
charge who shall carry out the functions and obligations of the Discom under the Contract.

1.2 The Discom may from time to time appoint any other person as the Controlling Officer/ Officer
in-charge in place of the person previously so appointed, and shall give a notice of the name
of such other person to the Contractor without delay. The Discom shall take reasonable care to
see that no such appointment is made at such a time or in such a manner as to impede the
progress of works/services. The Controlling Officer/ Officer-in-charge shall represent and act
for the Discom at all times during the currency/validity of the Contract.

1.3 Any decision, instruction or approval given by the Controlling Officer /Officer-in-charge of
theDiscom to shall be binding on the Contractor.

1.4 All notices, instructions, orders, consents, certificates, approvals and all other
communications under the Contract shall be given by the Controlling Officer/ Officer-in-
charge.

1.5 The Controlling Officer/ Officer-in-charge may authorize his representative(s) as site-in-charge
for the works/services.
2. Contractor’s Representative
2.1 The Contractor shall employ at least one competent representative (name, address, telephone
number, identity proof of the representative shall be communicated in writing to the
Controlling Officer/officer-in-charge by the Contractor) to supervise the works/services at
each Circle. The said representative, (or if more than one shall be employed, then one of such
representatives), shall be present whenever required and should be approachable in person or on
phone at time and location as specified by the Discom/ Service Recipient. Any written order
or instruction which the Controlling Officer/officer-in-charge or his duly authorised representative
may give to the said representative of the Contractor shall be deemed to have been given to the
Contractor.

2.2 The Controlling Officer/officer-in-charge shall be at liberty to object to the presence of any
representative or person employed by the Contractor for execution of the Contract or
otherwise at the site, who in his/her opinion is found to have misconduct him-self/her-self or be
incompetent or negligent and the Contractor shall remove the person so objected to, upon
receipt from the Controlling Officer/ officer-in-charge a notice in writing requiring him to do

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 so and shall provide in his place a competent representative at the Contractor’s risk and
expense.

3. Bankruptcy/Insolvency of the Contractor

3.1 If the contractor is imprisoned, becomes insolvent, compound with his creditors, has a
receiving order made against him or carries on business under a receiver for the benefit of the
creditor or any of them or being a partnership firm, become dissolved or being a corporation,
goes into liquidation or is being wound up, not being a voluntary winding up for the purpose
only of amalgamation or reconstruction, the Discom shall be at liberty:

To give such liquidated contractor or other person in whom, the Contract may become
vested, the option thereof to award the Contract or a portion to any other contractor, thereof to
be determined by the Discom subject to his/her providing an appropriate guarantee for the
performance of such Contract.

4. Duty and Behavior of Contractor’s Personnel

4.1 The personnel deployed by the Contractor must always carry their Photo-ID card issued
byDisocm.

4.2 The personnel deployed by the Contractor shall maintain the decorum and obey the
instructions of the officer-in-charge of the Discom for that particular work and place of duty.
They must follow the procedures of duty, performance and stipulated time guideline for
working hours as set by the officer-in-charge of the Discom from time to time.

4.3 It shall be accepted as an inseparable part of the Contract that in matters regarding
competency, efficiency, conduct and behaviour, the decision of the Officer-in-charge of the
Discom shall be final and binding on the Contractor in all such matters.

5. Safety Provisions
5.1 The Contractor shall arrange for the safety in its operation as prescribed by the Discom and
all safety protective equipment’s and tools are to be provided by the contrcator. It is the
responsibility of the Contractor to deal with any liability arising due to any injuries occurring
to the Contractor‟s staff during performance of duty. The Discom would not be liable to pay
any compensation to the injured employees of the Contractor under any circumstances.

5.2 In case the Contractor fails to make such arrangement, the authorized officer/staff of the
Discom shall be entitled to recover the costs thereof from the Contractor. The failure to
comply with the provisions of the Safety Rules and Regulations, if any, the Contractor shall
without prejudice to any other liability pay to the Discom a penalty amount, as determined by
the competitive authority of the Discom.

6. Checks and Supervision by the Contractor

6.1 The Contractor shall ensure that its personnel perform their duties efficiently by exercising
frequent surprise checks and by appointing sufficient supervisory staff as felt necessary by the

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 Discom. In case it is found that any damage has occurred due to negligence, ignorance or not
performing the duty by the personnel of the Contractor, all the losses so occurred to the
Discomshall be recovered from the amounts payable to the Contractor and its security deposits
or Contract Performance Guarantee.

7. Notices and Instructions

7.1 The Contractor shall furnish the complete address of its permanent office and local office along
with telephonic numbers, fax numbers, emails, etc. to the Discom. Any notice or instructions to
be given to Contractor under the terms of the Contract shall be deemed to have been served on
him if it has been sent at local office or to the address of the Contractor last notified by them or
delivered to authorized signatory.

8. Health of the Personnel deployed

8.1 All persons deployed by the Contractor shall be of sound physical and mental health and should
not be under the influence of any drug or liquor during duty and have full knowledge and
experience to competently complete the job assigned to them. In case it is found that any loss
has occurred to the Discom‟s property/interest due to deployment of such personnel, the same
shall have to be replaced by the Contractor without any extra cost to the Discom.

9. Subletting
9.1 The Contractor shall not sublet any activity or any part thereof under the Contract.

10. Force Majeure

10.1 Force Majeure means any event or circumstance or combination of events and circumstances
including those stated below that wholly or partly prevents or unavoidably delays an affected
party in the performance of its obligations under this Agreement, but only if and to the extent
that such events or circumstances are not within the reasonable control, directly or indirectly, of
the affected party and could not have been avoided if the affected party had taken reasonable
care or complied with prudent utility practices.

10.2 Act of God, including, but not limited to lightning, drought, fire and explosion (to the extent
originating from a source external to the site), earthquake, volcanic eruption, landslide, flood,
cyclone, typhoon, tempest, tornado, mutiny, civil commutation, riot, terrorist attack, strike
(subject to certification by Labour Commissioner), lock-out (subject to certification
by LabourCommissioner), exceptionally adverse weather conditions which are in excess of
the statistical measures for the last hundred (100) years, any act of war (whether declared or
undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, direct or
indirect political events; or any event or circumstance of a nature analogous to any of the
above.

10.3 A notification to this effect duly certified by statutory authorities shall be provided by the
Contractor to the Discom. The authority as decided by the Discom (including committee,
etc.) shall decide upon Force Majeure cases and the decision of such authority shall be
final and binding on Contractor/Contractor.

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11. Damage to Property and injury to personnel
11.1 The Contractor shall indemnify and keep indemnified the Discom against all losses and
claims forinjuries or damage to any person or any property whatsoever which may arise out
of or in consequence of the execution of the Contract and against all claims, demands,
proceedings, damages, costs, charges and expenses whatsoever in respect of or in relation
thereto.

11.2 The Discom shall not be liable for damage or compensation payable as per provision of
law/act in respect or consequence of any accident or injury to any workmen or other person
in the employment of the Contractor. The Contractor shall have to pay all claims, demands,
proceedings costs, charges and expenses whatsoever in respect there of or in relation there to.

11.3 In the event of any accident and/or injury, in respect of which compensation may become
payableunder the Workman‟s Compensation Act-VIII of 1923 including all amendments
thereof, Authorized officer of Discom shall have full powers to retain out of any sums
payable/becoming payable to the Contractor, any sum as may be deemed sufficient to meet
such liability on receipt of award of compensation from the competent authority under the said
act, and the same shall be adjusted from this amount. Any shortfall shall be recovered and any
excesses shall be refunded. The opinion of the Authorized officer of Discom shall be final in
regard to all matters arising under this clause.

11.4 In case it is found that any theft or damage has occurred to the property or premises of
theDiscom due to negligence of personnel in performing their duty and/or absence from the
place of duty and/or not providing substitute by the Contractor or any other reason, the cost of
all such losses or damages as assessed by the Discom shall be recovered from the
Contractor‟s monthly bill or from their Security Deposit/Contract Performance Guarantee
or in any other manner as may deemed fit.

11.5 In case any personnel of the Contractor is implicated in any law suit or is injured by any
person orgroup of persons, agitating mob, etc. during the course of performing his/her
duty/their duties for the Discom, it shall be the sole responsibility of the Contractor to defend
its personnel in the court of law or to extend all medical and financial help, etc. without
charging any cost to the Discom.

11.6 The Discom shall be deemed to be indemnified by the Contractor for lapses or other
mischief‟s etc.by its personnel

11.7 Claims arising due to “any activity” shall be liable for adjustment from contract
performanceguarantee furnished by Contractor.

12. Arbitration
12.1 If any dispute, difference or controversy shall at any time arise between the Contractor on
the one hand and the UPPCL and the Engineer of the Contract on the other hand Contract,
or as the true construction, meaning and intent of any part or condition of the same or as to

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 manner of execution or as to the quality or description of or the payment for the same, or
as to the true intent, meaning, interpretation construction or effect of the clause of the
contract specification or drawing or any of them or as to anything to be, done committed
or suffered in pursuance of the contract or specification, or as in the mode of carrying the
contract into effect or as to the breach or alleged breach or as to obviating or compensation
for the commission any of such breach or as to any other matter or thing whatsoever
connected with or arising out of the contract, and whether before or during the progress or
after the completion of the contract such question, difference or dispute shall be referred
for adjudication to the UPPCL or any other person nominated by him on this behalf and
his decision on writing shall be final binding and conclusive. This submission shall be
deemed to be a submission to arbitration modification thereof. The arbitrator may from
time to time with consent of the parties, enlarge the time for making and publishing the
award.

12.2 Upon every or any such reference, the costs of an incidental to the reference and award
respectively shall be at the discretion of the arbitrator, who shall be competent to
determine the amount thereof or direct the same to be taxed as between solicitor and client
or as between party and party and to direct by whom in what manner the same shall be
borne and paid.

12.3 Work under the contractor shall, if reasonable, continue during the arbitration proceedings
and no payment due or payable by the corporation shall be withheld on account of such
proceeding. In case of refusal/neglect by such nominee UPPCL may nominate another
person in his place.

13. Jurisdiction
13.1 Any dispute or difference, arising under, out of, or in connection with Tender/ Contract order
shall be subject to exclusive jurisdiction at ………….only.

14. Blacklisting
14.1 In case(s) of severe default(s) by the Contractor (including but not limited to relevant clause of
this section), the process of blacklisting or debarring of Contractor and recoveries (if any)
thereof may be undertaken by the Discom if deemed necessary.

15. Taxes
15.1 The Contractor shall be responsible for payment of all taxes duties statuary/local levies arising
as asresult of commercial transactions under this Contract such GST etc. Discom shall not be
responsible for any tax related liability in any manner whatsoever.

15.2 During the Contract period, the Contractor shall deposit GST and other applicable taxes at
prevailing rates as per Government of India guidelines including during extended period if any.

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 15.3 If any tax exemptions, reductions, allowances, or privileges may be available to the
Contractor, theDiscom shall use its best endeavors to enable the Contractor to benefit from any
such tax savings to the maximum allowable extent.

15.4 The statutory deduction of taxes and duties at source, related to these works and services,
shall be done by the Discom and tax deduction certificate shall be issued to the Contractor
wherever applicable as per law.

15.5 For the purpose of the Contract it is agreed that the Contract value shall include all taxes
(including) but not limited to GST or any other similar tax/duty/Cess/surcharge/levy by
whatever name called under applicable tax laws as on the last date of bid submission) for
supplies to be made or services to be performed under the contracts in their quoted bid price.
The Discom shall not be bear any separate liability over and above the contract price for
payment of taxes.

15.6 If any rates of Tax are increased or decreased, a new Tax is introduced, an existing Tax is
abolished, or any change in interpretation or application of any Tax occurs in the course of the
performance of Contract, which directly impacts tax liability of Contractor in performance of
this Contract, an equitable adjustment of the Contract value shall be made to takeinto account any
such change by addition to the Contract value or deduction there from, as the case may be.

15.7 The contractor shall declare its GST registration number. Any liability arising out of GST
implication shall be borne and responsibility of the Discom.

16. Termination of Contract

16.1 Events of default
Any of the following events shall constitute an “Event of Default”. The occurrence of
any “Event of Default” shall lead to consequences as brought out in Clause:-

i. If the Contractor fails to deliver services as per time schedule in the Scope of
Work.
ii. If the Contractor unlawfully repudiates the Contract or has otherwise
expressed an intention not to be bound by the contract.
iii. If the Contractor does not make timely payment of salaries to the deployed
labour.
iv. If the Contractor does not make the mandatory payments like EPF, ESIC and
others liabilities if any.
v. If it comes to the Discom‟s notice that the Contractor is indulged in forging
documents and submitting forged documents of EPF Challan sheet, ESIC receipt of
personnel deployed by it
vi. If the Contractor becomes bankrupt or insolvent, goes into liquidation.
vii. If the Contractor fails to make payment of any amount payable to the Discom,
as and when the same becomes due.
viii. If the Contractor fails to provide, renew or replenish the payment security and
/ or contract performance guarantee.

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 ix. If the Contractor fails to fulfil any of the directions or orders of the …………. or
comply with the requirement of the electricity laws or other laws in relation to bid
area.
x. If the Contractor has made any false or misleading representation or warranty.
xi. If the Contractor transfers, otherwise then pursuant to contract, any material or
property of the Discom.
xii. If the Contractor indulges in any malpractice or corrupt practice.
If at any stage during the period of the Contract any case involving moral turpitude is instituted in a
court of law against the Contractor or his employees.
16.2 Termination for Convenience
The Discom shall be entitled to terminate the Contract without assigning any reason thereof
at any time of the Discom‟s convenience, by issuing an “Order for Termination” to the
Contractor. The termination shall take effect on 30 th day of issuance of “Order of
Termination”, or such extended period (over and above 30 days) as may be decided by the
Discom.
16.3 Termination due to Change in Government / Management Policy

The Discom shall be entitled to terminate the Contract due to change any Government /
Management Policy, by issuing an “Order for Termination” to the Contractor
The termination shall take effect on 30th day of issuance of “Order of Termination”, or such
extended period (over and above 30 days) as may be decided by the Discom.
16.4 Effect of Termination (Either upon default or for convenience or Change in Management /
Government Policy)

 Upon serving the “Order for Termination”, the Discom shall have rights to step-in and
takeover the operations. The Contractor shall be obliged to co-operate with Discom and
provide all necessary support, data, documents, information, etc. which may be required by
the Purchase for successful takeover of the operations and continuum of the services.
However, during transition period theContractor shall continue to provide such services,
as may be required by the Discom for smooth take-over of operations.

 If the contract has been terminated on occurrence of “Event of Default” as defined in

Clause 20.1.The Contract Performance Guarantee submitted by the Contractor shall be
invoked on or after the effective date of “Termination of the Contract” and amount so
realised shall be forfeited by theDiscom, as a reasonable pre-estimate of the losses which
have occurred to the Discom due to non-performance of the Contractor.

 If the contract has been terminated on convenience as per Clause 20.3, the Discom
shall have rights to recover any amount payable by Contractor to the Discom from the
Contract PerformanceGuarantee.

 The Discom unconditionally reserve the rights to claim from the Contractor, any cost,
expenses or loss that may be incurred by reasons of breach of terms and conditions of the
contract.

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  The Discom shall not be liable for payment of any compensation, whether in contract or tort
or otherwise, towards the Contractor or any third party, upon termination of the contract.
 Upon termination of the contract, the Contractor shall immediately:-

a) Remove it’s manpower deployed on performance of services pertaining to the Contract;

b) cease all further work, except for such work as the Discom may specify in the “Order
for Termination” for the sole purpose of protecting that part of the facilities already
executed, or any work required to leave the site in a clean and safe condition;

c) remove all Contractor’s equipment from the site, repatriate the Contractor’s and
itssubcontractors‟ personnel from the site, remove from the site any wreckage, rubbish and
debris of any kind, and leave the whole of the Site in a clean and safe condition; and

d) deliver to the Discom the parts of the facilities executed by the Contractor up to the date
of termination

e) to the extent legally possible, assign to the Discom all right, title and benefit of the
Contractor to the facilities as of the date of termination, and, as may be required by the
Discom, in any subcontracts concluded between the Contractor and its Subcontractors;
and

f) Deliver to the Discom all non-proprietary drawings, specifications and other documents
prepared by the Contractor or its Subcontractors as at the date of termination in
connection with the facilities.

g) . The Discom shall have the rights to recover from the Contractor any loss or damage
occurred to the property/ items/ materials/ equipment etc. of the Discom, due to any act
of Contractor or its personnel.

17. Corrupt or Fraudulent Practice(s)

17.1 The Discom requires that the bidders observe the highest standard of ethics during the
procurement and execution of the Contract(s).

17.2 In pursuance of this policy, the Discom defines, for the purposes of this provision the terms set
forth below as follows:

 Corrupt practice” means the offering, giving, receiving or soliciting of anything of

value to influence the action of an official/employee involved in the procurement
process or in execution of the Contract.

 Fraudulent practice” means misinterpretation of facts or information in order to

influence the procurement process or the execution of Contract to the detriment of the

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 Discom, and includes collusive practice among bidders (prior to or after bid
submission) designed to establish bid prices at artificial non-competitive levels and to
deprive the Discom of the benefits of free and open competition.

 The Discom will reject a bid or cancel the Contract if already placed, if it determines
that the bidder recommended for Award or on whom the Contract/Award has already
been placed has engaged in corrupt or fraudulent practices in competing for the
Contract/Award in question.

 The Discom may declare a bidder ineligible for issue of Contract/Award, either
indefinitely or for a stated period of time, if it any time determines that the bidder
hasengaged in corrupt or fraudulent practices in competing for or in executing an
earlier Contract of the Discom
18. Miscellaneous
In case, any penalty is imposed by the regulator/ government/ any other judiciary or compensation
thereof, as decided by the concerned authority, on the Discom related to services/ scope of work as
per this Bid document, then the same shall be passed on to the Contractor.

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