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SPN87

The document is a tender specification from Tamil Nadu Generation and Distribution Corporation Limited for providing a partition brick wall between hydrochloric acid and sodium hydroxide storage tanks at the Mettur Thermal Power Station I (MTPS I). Key details include: 1) The tender specification number and name of the work as "MTPS I - Civil Circle - Providing partition brick wall in between the Dykes of hydrochloric acid storage tanks and sodium hydroxide storage tanks in the D.M.Plant premises at MTPS I". 2) Instructions for online bid submission through the Tamil Nadu Government e-Procurement website by April 1st, 2024 at 2PM. 3)

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0% found this document useful (0 votes)
51 views59 pages

SPN87

The document is a tender specification from Tamil Nadu Generation and Distribution Corporation Limited for providing a partition brick wall between hydrochloric acid and sodium hydroxide storage tanks at the Mettur Thermal Power Station I (MTPS I). Key details include: 1) The tender specification number and name of the work as "MTPS I - Civil Circle - Providing partition brick wall in between the Dykes of hydrochloric acid storage tanks and sodium hydroxide storage tanks in the D.M.Plant premises at MTPS I". 2) Instructions for online bid submission through the Tamil Nadu Government e-Procurement website by April 1st, 2024 at 2PM. 3)

Uploaded by

samparasu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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:: TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED ::

SPECIFICATION FOR THE WORK OF

“MTPS I - Civil Circle - Providing partition brick wall in between the Dykes of hydrochloric
acid storage tanks and sodium hydroxide storage tanks in the D.M.Plant premises at
MTPS I”

THROUGH E-TENDERING.

(Through NIC Platform)

SPECIFICATION NO. CE / MTPS I / SE / CIVIL / SPN NO 87 / 2023-2024

OFFICE OF THE CHIEF ENGINEER / MTPS-I


METTUR DAM - 636406
TAMIL NADU.

Service Provider : The Tamil Nadu Government E-Procurement System


Website for online bid submission: https://tntenders.gov.in
:: TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD::
1) Tender Specification No. CE / MTPS I / SE / CIVIL / MTPS-I / SPN NO
87 / 2023 - 24
2) Name of the work E-Tender “MTPS I - Civil Circle - Providing
partition brick wall in between the Dykes of
hydrochloric acid storage tanks and sodium
hydroxide storage tanks in the D.M.Plant
premises at MTPS I”
3) Quantity As per Schedule
4) Method of Tender Open E – Tender System – ( Online :- Part I -
Techno-Commercial Bid and Part II – Price
Bid) Submission of Offer through web-site:
https://tntenders.gov.in of NIC.
5) (a) Earnest money Deposit (EMD) Rs.600/- (Rupees six hundred only) to the
Common Pool Account in the Portal
https://tntenders.gov.in
(M/s.NIC Portal is integrated with SBI Payment
Gateway services for online collection of
Tender Fee and EMD and automatic refund &
settlement of EMD)
Any other transaction made to TANGEDCO will
not be accepted.
Scanned copy of the E-receipt duly reflecting
the UTR Number shall be uploaded
Or
(b) Permanent EMD Tender Value
Rs.20,00,000/- Up to Rs.10,00,00,000/-
Rs.40,00,000/- Up to Rs.50,00,00,000/-
Rs.1,00,00,000/- All tenders exceeding Rs.50,00,00,000/-
6) URL [Uniform Resource Locator] for https://tntenders.gov.in
online bid submission for e - tender
7) Date of closing of online e-tender 01.04.2024 @ 14:00 Hours
for submission of Techno
Commercial Bid & Price Bid

8) Last date for submission of EMD 01.04.2024 @14:00 Hours

9) Date & time of opening of 02.04.2024 @ 14:30 Hours


tender electronically

10) Price Bid Opening Will be informed to eligible tenderer through


E- Mail

11) Specification at website The tender specification will be placed at the


following websites.
(i) TANGEDCO : www.tangedco.gov.in
(ii) NIC: https://tntenders.gov.in
The Prospective bidders may download the
same.
12) Document to be uploaded by the Scanned copies of following documents duly
Tenderer during e-submission attested shall be uploaded with the techno
https://tntenders.gov.in of NIC commercial tender document
Part I - Techno-Commercial Bid
1) Scanned copy of proof for remittance of
EMD
2) BQR Conditions
3) SPECIAL CONDITION
4) K2 CONTRACT condition and other
documents whichever is applicable
5) EPF & ESI Registration copy
6) Valid GST Registration copy.
7) Copy of PAN card.
8) Annexure I to V
9) General Conditions (Statutory Compliances)
10) Any other documents whichever is
applicable duly attested
Part II - Price Bid (BOQ)
13) Clarification to be sought for from Superintending Engineer / Civil / MTPS I
Mettur Dam – 636406
14) Place at which tenders will be Office of the Superintending Engineer / Civil /
opened MTPS I / Mettur Dam - 636406

CHIEF ENGINEER / MTPS I,


METTURDAM - 6

1. Copy to : Superintending Engineer / Civil / MTPS I


2. Copy to : Executive Assistant to CE / MTPS I
3. Copy to : AAO / Cash / MTPS I to accept the cost of EMD through e-payment.
4. Copy to the Notice Board.
TENDER SPECIFICAITION

SPECN NO: CE / MTPS I / SE / CIVIL /MTPS I/ SPN NO.87 / 2023 – 2024

1 SECTION-A INSTRUCTION TO BIDDERS FOR SUBMISSION OF ONLINE


BIDS IN E-TENDER
2 SECTION-B BID QUALIFICATION REQUIREMENTS (BQR)

3 SECTION-C TENDER SCHEDULE

4 SECTION-D SPECIAL CONDITIONS

5 SECTION-E EARNEST MONEY DEPOSIT

6 SECTION-F REJECTION OF TENDER

7 SECTION-G INSTRUCTION TO BIDDERS FOR OPENING OF ONLINE BIDS


IN E- TENDER & EVALUATION
8 SECTION-H TERMS AND CONDITIONS

9 ANNEXURE - I DRAFT UNDERTAKING IN LIEU OF PAYMENT OF E.M.D

10 ANNEXURE - II DECLARATION TOWARDS EPF & ESI REMITTANCES

11 ANNEXURE - III DECLARATION

12 ANNEXURE - IV UNDERTAKING

13 ANNEXURE - V INDEMNITY BOND

14 SECTION-I GENERAL CONDITIONS (STATUTORY COMPLIANCES)


SECTION-A
INSTRUCTIONS TO TENDERERS
INSTRUCTION TO BIDDERS FOR SUBMISSION OF ONLINE BIDS IN E-TENDER

1.0) The bidding under this contract is electronic bid submission through website
https://tntenders.gov.in only. Detailed guidelines for viewing bids and submission of
online bids are given on the website. Any citizens or prospective bidders can logon to this
website and view the invitation for Bids and can view the details of works for which bids are
invited.

2.0) Registration:
2.1) The prospective bidders can submit bids online, however, the bidders are required to
have enrolment / registration in the website by clicking on the link “Online bidder
enrolment” which is free of charge.
2.2) As part of the enrolment process, the bidders are required to choose a unique
username and assign a password for their accounts.
2.3) Bidders are advised to register their valid e-mail address and mobile numbers as part
of the registration process. These details would be used for any communication from the e-
Portal.
2.4) Upon enrolment, the bidders are required to register their valid Digital Signature
Certificate (DSC) (Class II or Class III Certificates with signing key usage) issued by any
Certifying Authority recognized by CCA India (e.g. Sify / nCode / eMudhra etc.), with their
profile.
2.5) Only one valid DSC should be registered by a bidder. Please note that the bidders are
responsible to ensure that they do not lend their DSC’s to others which may lead to misuse.
2.6) Bidder then can login to the site through the secured login by entering their user ID
/ password and the password of the DSC / e-Token.

3.0) Contact persons:


For queries related to registration and online bidding (NIC):
e-mail : [email protected]
Contact No.: 044 -- 24466495
-- 24902580 Extn.: 332
-- 24917850

4.0) System Requirement:


i) Operating System: Windows XP-SP3 & above
ii) Internet browser: IE7 and above.
iii) Signing type: Digital Signature (class III)
iv) JRE 7 update 79 (Preferred file- Windows X-86 Offline) and above to be downloaded and
installed in the system.
To enable ALL active X controls and disable ‘use pop up blocker’ under Tools→Internet
Options→ custom level. For detailed guidance about browser and Java configuration the
bidders are advised to go through the video guide available under “Bidders Manual Kit” at
“https://tntenders.gov.in/page=BiddersManualKit&service=page”

5.0) Searching for Tender Document:


5.1) There are various search options built in the Website, to facilitate bidders to search
active tenders by several parameters. These parameters could include Tender ID,
organization name, location, date, value etc.
5.2) Once the bidders have selected the tenders they are interested in, they may download
the required documents / tender schedules. These tenders can be moved to the respective
‘My Tenders’ folder. This would enable the Tamil Nadu Govt. e-Procurement Portal, to
intimate the bidders through SMS / e-mail in case there is any corrigendum issued to the
tender document.
5.3) The bidder should make a note of the unique Tender ID assigned to each tender, in
case they want to obtain any clarification / help from the Helpdesk.

6.0) Preparation Of Bids:


6.1) Bidder should take into account any corrigendum published on the tender document
before submitting their bids.
6.2) Bidders are requested to go through the NIT and the tender document carefully to
understand the documents required to be submitted as part of the bid. Please note the
number of covers in which the bid documents have to be submitted, the number of
documents including the names and content of each of the document that need to be
submitted. Any deviations from these may lead to rejection of the bid.
6.3) Bidder, in advance, should get ready the bid documents to be submitted as indicated
in the tender document and generally, they can be in PDF / XLS / RAR / DWF / JPG
formats. Bid documents may be scanned with 100 dpi with black and white option
which helps in reducing size of the scanned document. Since the uploaded
documents shall be downloaded for evaluation of bid, bidders are advised to upload clear
scanned copies. One hard copy of the electronically submitted bid documents
except the price schedule shall have to be submitted upon intimation by
TANGEDCO after opening of the e-tender.
6.4) To avoid the time and effort required in uploading the same set of standard
documents which are required to be submitted as a part of every bid, a provision of
uploading such standard documents (e.g. PAN card copy, annual reports, auditor
certificates etc.) has been provided to the bidders. Bidders can use “My space or “Other
Important Documents” area available to them to upload such documents. These documents
may be directly submitted from the “My Space” area while submitting a bid, and need not
be uploaded again and again. This will lead to a reduction in the time required for bid
submission process.
6.5) The completed bid comprising scanned copy of the proof for the payment of EMD or
exemption from payment of EMD and necessary technical and commercial documents
should be uploaded on the website along with signed and scanned copies of requisite
certificates as are mentioned in the different sections in the tender document.
7.0) Electronic Submission of Bids:
7.1) The bidder shall submit online the requirements under qualification criteria and
Technical Documents required and Price Schedule / BOQ. All the documents are required to
be signed digitally by the bidder. After electronic online bid submission, the system
generates a unique bid reference number which is time stamped. This shall be treated as
acknowledgement of bid submission.
7.2) Bidder should log into the site well in advance for bid submission so that they can
upload the bid in time i.e. on or before the bid submission time. Bidder will be responsible
for any delay due to other issues.
7.3) The bidder has to digitally sign and upload the required bid documents one by one as
indicated in the tender document.
7.4) Bidder has to select the payment option as “online” to pay the EMD amount to the
Common Pool Account in the Portal. (M/s.NIC Portal is integrated with SBI Payment
Gateway services for online collection of Tender Fee and EMD and automatic refund &
settlement of EMD)
7.5) The scanned copy of payment made through ONLINE towards EMD amount has to be
uploaded.
7.6) A BOQ format for the price bid has been provided with the tender document to be filled
by all the bidders. Bidders are requested to note that they should necessarily submit their
financial bids in the BOQ format provided and no other format is acceptable. Bidders are
required to download the BOQ file, open it and complete the coloured (Unprotected) cells
with their respective financial quotes and other details (such as name of the bidder). No
other cells should be changed. Once the details have been completed, the bidder should
save it and submit it online, without changing the file name. If the BOQ file is found to
be modified by the bidder, the bid will be rejected.
7.7) The server time (which is displayed on the bidders’ dashboard) will be
considered as the standard time for referencing the deadlines for submission of
the bids by the bidders, opening of bids etc. The bidders should follow this time
during bid submission.
7.8) All the documents being submitted by the bidders would be encrypted using PKI
encryption techniques to ensure the secrecy of the data. The data entered cannot be
viewed by unauthorized persons until the time of bid opening. The confidentiality of the bids
is maintained using the secured Socket Layer 128 bit encryption technology. Data storage
encryption of sensitive fields is done. Any bid document that is uploaded to the server is
subjected to symmetric encryption using a system generated symmetric key. Further this
key is subjected to asymmetric encryption using buyers / bid openers’ public keys.
7.9) The uploaded tender documents become readable only after the tender opening
by the authorized bid openers.
7.10) Upon the successful and timely submission of bids, (i.e. after clicking “Freeze Bid
submission” in the portal) the portal will give a successful bid submission message & a bid
summary will be displayed with the bid no. and the date & time of submission of the bid
with all other relevant details.
7.11) Department or Service Provider is not responsible for any failure such as a bad
internet connection or power failure outside of their control. The bidder is responsible to
ensure they have sufficient time to submit an electronic bid prior to closing date and time
including the payment of any fees including the Bid security and getting e-receipt. In case
of a failure in the system within the control of the service provider that may affect a bidding
process, the contracting authority on his sole discretion will postpone the closing time at
least 24 hours from the time of system recovery to allow bidders sufficient time to submit
their bids.
7.12) The TANGEDCO may, at its discretion, extend the deadline for the submission of bids
by amending the bidding document, in which case all rights and obligations of TANGEDCO
and bidders subject to the previous deadline shall thereafter be subject to the deadline
extended.

8.0) Late Bid:


The Electronic bidding system would not allow any late submission of bids after due date
and time as per server time.

9.0) Modification and withdrawal of bids:


9.1) Bidders may modify their bids online before the deadline for submission of bids.
9.2) In case a bidder intends to modify his bid online before the deadline, the bidder need
not make any additional payment towards the cost of bid processing. For bid modification
and consequential re-submission, the bidder is not required to withdraw his bid submitted
earlier. Modification and consequential re-submission of bids is allowed any number of
times. The last modified bid submitted by the bidder within the bid submission time shall be
considered as the bid. For this purpose, modification / withdrawal by other means will not
be accepted. The bidder may withdraw his bid by uploading his request before the
deadline for submission of bids, however, if the bid is withdrawn, the re-submission of
the bid is not allowed.
9.3) No bid may be modified after the deadline for submission of Bids.

10.0 ASSISTANCE TO BIDDERS:


10.1) Any queries relating to the tender document and the terms and conditions contained
therein should be addressed to the Tender Inviting Authority for a tender or the relevant
contact person indicated in the tender.
10.2) Any queries relating to the process of online bid submission or queries in general may
be directed to the 24x7 Central Public Procurement Portal Helpdesk.
It may be noted by the bidders that NIC is only a service provider for
conducting the online bidding process against this tender and shall not be a
party to any contract between TANGEDCO and the successful bidder(s)
subsequent to the bidding process.
SECTION-B

:: TAMILNADU GENERATION & DISTRIBUTION CORPORATION LIMITED ::

Name of work: MTPS I - Civil Circle - Providing partition brick wall in between the
Dykes of hydrochloric acid storage tanks and sodium hydroxide storage
tanks in the D.M.Plant premises at MTPS I
SPECIFICATION NO CE / MTPS I / SE /CIVIL / MTPS I / SPN NO 87 /2023 - 2024
BID QUALIFICATION REQUIREMENTS (BQR)
1. The bidder should have previously executed any civil work within the past ten years as
on the date of tender opening to any Public Sector Undertaking / State Electricity Boards /
any Thermal Power station of Government Organisations (State or Central) in India. The
date of work order will be reckoned for ascertaining the eligibility of the tender. The bidder
shall upload scanned original / copy of the work order in complete shape for the above
during e-tender.
Note: The Documentary proof for the above BQR shall be scanned and uploaded, failing
which their bid will be summarily rejected. The successful bidder has to submit the attested
copies of the documents satisfying BQR criteria after tender opening, in the office of the
Tender Inviting Authority.

SE / CIVIL / MTPS I
SECTION-C

:: TAMILNADU GENERATION & DISTRIBUTION CORPORATION LIMITED ::

Name of Work: MTPS I - Civil Circle - Providing partition brick wall in between the
Dykes of hydrochloric acid storage tanks and sodium hydroxide storage
tanks in the D.M.Plant premises at MTPS I
SPECIFICATION NO CE / MTPS I / SE / CIVIL / MTPS I / SPN NO 87 /2023-2024
TENDER SCHEDULE
Rate (Both
Sl.
Qty Description Unit in Figures &
No
words)
1 3.50 Removal of one course of acid proof bricks and 1 m² Rate to be
m² (One Quoted
same is cleared from the site neatly as directed
Square
in BOQ
by the Engineer at site including labour, lead, metre)
lift, safety arrangements, etc complete.
2 0.40 Providing PCC 1:11/2:3 mix using 6 mm & down 1 m³ Rate to be
m³ (One Quoted
graded HBG stone for roof as directed by the
Cubic
in BOQ
Engineer at site, including cost of all materials, metre)
lead and lift etc., complete.
3 6 m³ Providing Brick work in CM 1:5 using II Class 1 m³ Rate to be
(One Quoted
ground moulded chamber burnt bricks including
Cubic
in BOQ
cost of all materials, labour charges, curing, metre)
lead, lift, etc, complete.
4 85 m² Plastering with CM 1:5, 12 mm thick and 1 m² Rate to be
(One Quoted
finishing the surface neatly including cost of all
Square
in BOQ
materials, including labour charges, curing, all metre)
lead, lift and conveyance of materials etc.,
complete
5 85 m² 1 m²
White washing two coats of brick partiton walls Rate to be
(One Quoted
surfaces using shell lime (slaked and
Square
in BOQ
screened)including cost of materials, labour metre)
charges, cleaning the surfaces, scaffolding
charges, lead, lift, etc., complete as directed by
the department engineer at site.
5 (five) items only.
GST @ 18% is applicable with input Tax credit on 100%
(For bidders within TN : SGST & CGST)
(For bidders outside TN :IGST)
Note: While quoting the rates the bidder shall indicate the SCT code as per GST Act.
(The EPF & ESI will not be reimbursed. However the documentary evidence for having
remitted EPF & ESI at actual has to be submitted along with invoice and declaration as per
Annexure -II)

IT PAN No :

GSTIN No :

EPF MAIN CODE NO :

ESI MAIN CODE NO :

I agree to abide by the terms and conditions of tender specification.


Place :
Date :

SIGNATURE OF THE CONTRACTOR


(WITH FULL ADDRESS AND CONTACT PHONE NO)
SECTION-D
:: TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD ::
SPECIAL CONDITIONS
SPECIFICATION NO. CE / MTPS I / SE /CIVIL /MTPS I /SPN NO 87 /2023 – 2024

Name of Work MTPS I - Civil Circle - Providing partition brick wall in between the
Dykes of hydrochloric acid storage tanks and sodium hydroxide
storage tanks in the D.M.Plant premises at MTPS I
Period Of Work 1 (One) month from the date of taking over of site.

WORK:
 The work should be done carefully and without hindrance to other agencies/ TANGEDCO
who are in the work in the area.
 For any damage /misusing or theft to the TANGEDCO equipment during work the
contractor will be solely responsible and the loss due to this should be borne by the
contractor.
 If the contractor does not carry out the work to the entire satisfaction of the Engineer in
charge the contractor will be liable for termination without assigning any reasons there
for.
 The tenderer should inspect the equipment and take out a thorough assessment of the
nature of the work and satisfy himself before quoting. Any representation at a later date
under any circumstances on any account will not be entertained.
 Based on the actual works undertaken, the bill will be claimed and paid.
 The work should be carried out continuously and completed within a period as directed
by the Engineer in charge of work.
 Any modification (or) alteration required in the existing arrangement should be at
contractor scope.
 If the contractor fails to complete the work/discontinue, TANGEDCO will carry out the
work by engaging the other suitable agencies. The loss or inconvenience in connection
with above work will be recovered from the default contractor.
 The required quantity of consumables has to be supplied by the contractor as per the
direction of Engineer in-charge.
LABOUR:
 The contractor has to arrange for the skilled workmen required for the work. The skilled
man should be present during works.
 The contractor should engage sufficient quantity of skilled and unskilled labours in
THREE SHIFTS for the completion of entire work.
 Drawal and devolution of retrieved scrap materials is connected to the concern work
under the contractor scope.
 The contractor should have one supervisor at site during working hours.
 The workmen engaged by the contractor should be physically fit and shall have good
experience in this type of work.

Safety:
 Safety precautions should be adopted strictly during the work and in the work area.
 The area should be cleaned after completion of work.
 The contractor should adhere to all safety precautions and statutory provisions for the
workmen and necessary group insurance should be taken for them. The TANGEDCO can
not be held responsible for any accidents due to the carelessness of the worker. MTPS I
will not be responsible in any way either legal or financial to the same. The contractor
will have to pay compensation to such cases.
 Insurance policy should be submitted to the concerned Engineer In charge of MTPS I
well before commencing the work.
 Only 24V-hand lamp should be used for internal works. Floodlights, if required have to
be arranged by the contractor.
 Every portable electrical tool to be used should be with three pin plug and three wire
system, only to avoid electrical shock during work. Proper earthing should be checked
both at supply and at tool before commencement of the work.

EPF & ESI :


 The contractor shall be fully liable to meet and fulfill all the relevant provisions of the
EPF & ESI Act in respect of the execution of the Tendered work.
 The workers engaged by the contractor should have EPF – UAN.
 The contractor should have registered have registered with PMRPY Scheme with EPFO
to avail the benefits and employer contribution in respect of EPF will be availed from
PMRPY
 The contractor shall produce the proof of payment of contributions - both Employer’s
and Employee’s contributions made to the ESI corporation and the employee
contribution to EPFO in order to claim the bills for the respective work at MTPS.
 An undertaking as specified in Annexure-II should be furnished by the contractor to
ensure the remittance of EPF&ESI, Employee and employer contribution for the
respective works while claiming the bills.
 The contractor have to obtain the statutory compliance certification for the work
contracts from the service providers and should be submitted along with the bills.
T&P:
 The contractor has to arrange for all necessary tools and plant required for entire work
as per the direction of Engineer in-charge.
 Necessary consumables should be kept at the work spot for immediate use.

PLASTIC FREE ZONE:

 MTPS I is plastic free zone. Hence, the tenderer is requested not to carry any plastic
materials inside the plant premises and also the contractors are responsible to maintain
the plastic free environment at their respective work place and if any plastic material is
found at or around their work spot, suitable penalty will be imposed to the concerned
agency.
NOT TRANSFERABLE
:: TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD ::
METTUR THERMAL POWER STATION-I
K2 CONTRACT CONDITIONS
SPECIFICATION NO CE / MTPS I / SE / CIVIL /MTPS I/SPN NO 87 / 2023 - 2024
SECTION-E
1) EARNEST MONEY DEPOSIT
1.1) Tenderer should pay the specified amount towards Earnest Money Deposit as follows:
Earnest Money Deposit: Rs.600/- (Rupees six hundred only).
The Earnest Money Deposit specified above should be in the form of ONLINE for the
above amount to the Common Pool Account in the Portal. (M/s. NIC Portal is integrated
with SBI Payment Gateway services for online collection of Tender Fee and EMD and
automatic refund & settlement of EMD) Any other transaction made to TANGEDCO will not
be accepted. Scanned copy of the E-receipt duly reflecting the UTR Number shall be
uploaded

1.2) The following categories of tenderers are exempted from payment of


Earnest Money Deposit:
a) Micro and Small Enterprises located within the State of Tamil Nadu are exempted from
payment of Earnest Money Deposit against the production of a copy of 'Udyam Registration
Certificate' or any other valid registration certificate/proof as notified by the Government of
India in respect of the items manufactured by them for participation in the tenders floated
by the Government Departments, State Public Sector Undertakings, Statutory Boards, Local
Bodies, Co-operatives, Universities and Societies formed by the Government and whenever
it is deemed necessary, the procuring entity may inspect the unit and satisfy themselves
with regard to verifying the credentials of the applicants on the line of activity pursued by
such manufacturers, quality and production capacity and other relevant factors.
Exemption of EMD will be permitted only if the registration pertains to the
specific nature of work. The micro & small enterprises having provisional registration
certificate are not eligible for exemption.
b) Departments of the Government of Tamil Nadu.
c) Undertakings and Corporations owned by the Government of Tamil Nadu.
d) Labour Contract Co-operative Societies registered within TamilNadu.
NOTE:
i) An undertaking shall be furnished by the successful bidders that they would pay penalty
an amount equivalent to Earnest Money Deposit/Security Deposit or an amount equal to the
actual loss incurred by the procuring entities whichever is less in the event of non-fulfilment
or non-observance of any of the conditions stipulated in the contract.
ii) The SSI units located outside the State of Tamilnadu are NOT eligible for exemption
from payment of EMD against Udyam Registration Certificate even though registered in
Udyam Portal for tendered items.
iii) The bidders who are exempted from payment of EMD shall furnish an undertaking in lieu
of EMD on a non-judicial stamp paper of value of Rs.80/- (Rupees Eighty Only) to pay an
equal amount to EMD in case of non-fulfillment of the conditions stipulated in the Tender
Specification/ contract.
iv) The bidders should upload the audited attested copy of Profit and loss Account, balance
sheet along with proof for exemption for Payment of EMD in order to ensure the SSI status
of the firm based on investment held in plant & machinery for extending exemption from
paying EMD and also to extend the privilege of price preference of 15% and purchase
preference to domestic SSI units.
In case the investment held by them in plant and machinery as per their financial
statement of account exceeds Rs. 5 Crores, the General Manager, District industries centre
concerned will be requested to verify the SSI Status of the firm. Till the receipt of
confirmation from General Manger / District Industries Centre concerned, the exemption
from paying EMD for SSI Units and price preference and purchase preference for domestic
SSI shall not be extended.
v) The Earnest Money Deposit will be retained in the case of successful tenderer / tenders
and will not carry any interest. It will be dealt with as provided in the tender. When the
tender is accepted, the tenderer whose tender is under consideration shall attend the office
of the Superintending Engineer/ Civil / Mettur Thermal Power Station I on the date fixed by
written intimation to him. If the tenderer fails to attend the office before the end of
specified period, his tender will not be considered.
vi) DOCUMENTS TO BE UPLOADED AS A PROOF OF ELIGIBILITY FOR EXEMPTION FROM
PAYMENT OF EARNEST MONEY DEPOSIT: (For Micro and small Enterprises located within
the state of Tamil Nadu only
a) A copy of ‘Udyam Registration Certificate’ or any other valid registration certificate /
proof as notified by the Government of India in respect of the items manufactured by them
b) Copy of NSIC Registration certificate.
c) Those tenderers under exempted Category from payment of EMD shall upload an
undertaking in lieu of EMD in a non-judicial Stamp paper of value not less than Rs.80/-
(Rupees Eighty only) in the form as per Annexure I
d) The proof for Permanent EMD
PEMD deposited on or after 03.12.2021 alone is eligible for EMD exemption in this tender
and Successful tenderer who had participated in the tenders upon PEMD will have to remit
the full amount of security deposit required for individual contracts.
e) Certificate from Chartered Accountant for turn over value for the purpose of classification
as per Notification No. S.O.2119 € dt 26.06.2020 of Government of India, Ministry of MSME
f) Certificate from Chartered Accountant for investment value in Plant and Machinery for the
purpose of classification as per Notification No.S.O.2119 € dt 26.06.2020 of Government of
India, Ministry of MSME
g) The SSI units satisfying the composite criteria under reclassification notified by MSME
with Udyam registration certificate for tendered item are only exempted from EMD payment
In the event of non-fulfilment or non-observance of any of the conditions stipulated in
the contract, consequent to such breach of contract to the effect, the tenderer have to pay
as penalty an amount equivalent to EMD

1.3) CLASSIFICATION OF ENTERPRISES:


An enterprise shall be classified as a micro, small or medium enterprises on the basis of the
following criteria, namely:--
(i) a micro enterprise, where the investment in plant and machinery or equipment does not
exceed one crore rupees and turnover does not exceed five crore rupees;
(ii) a small enterprise, where the investment in plant and machinery or equipment
does not exceed ten crore rupees and turnover does not exceed fifty crore
rupees; and
(iii) a medium enterprise, where the investment in plant and machinery or equipment
does not exceed fifty crore rupees and turnover does not exceed two hundred
and fifty crore rupees.

1.4) CALCULATION OF TURNOVER:


In calculation of turnover of an enterprises, Exports of goods or services or both, shall be
excluded while calculating the turnover of any enterprise whether micro, small or medium,
for the purposes of classification.
However, it is suggested to insist a certificate from Chartered Accountant, along with the
bid from the bidders whose turnover includes export proceeds, for ascertaining the turnover
achieved on export of goods or services or both and included in the total turnover.

1.5).CALCULATION OF INVESTMENT:
The Plant and Machinery shall have the same meaning as assigned to the plant and
machinery in the Income Tax Rules, 1962 framed under the Income Tax Act, 1961 and shall
include all tangible assets (other than land and building, furniture and fittings). The cost of
certain items specified in the Explanation I to sub-section (1) of section 7 of the Act shall be
excluded from the calculation of the amount of investment in plant and machinery.
The investment value in Plant and Machinery for the purpose has to be certified by a
Chartered accountant and the same is to be uploaded in the bid in case the bidder claims
EMD exemption.
1) The Earnest Money Deposit will be refunded to the unsuccessful tenderers on
application after intimation is sent to him of the rejection of tender.
2) The Earnest Money Deposit will be retained in the case of successful tenderer / tenders
and will not carry any interest. It will be dealt with as provided in the tender. When the
tender is accepted, the tenderer whose tender is under consideration shall attend the office
of the SE / Civil / MTPS I / Mettur Dam-6 on the date fixed by written intimation to him. If
the tenderer fails to attend the office before the end of specified period, his tender will not
be considered.

1.6) CONDITIONS FOR LIABLE FOR REJECTION OF BIDS:


a) Tenders received without EMD or undertaking in lieu of exemption of EMD will
be disqualified.
b) Tender will be rejected if the undertaking is not signed / authenticated in all
pages of undertaking.
c) Signature of witnesses should be affixed at the end of undertaking along with
details of name and address.
1.7) The following should be uploaded by the Vendor during submission of
Techno-commercial bid for payment of EMD failing which the offer will be
SUMMARILY REJECTED.
i) The e-receipt of payment of EMD through ONLINE.
ii) The proof of exemption of EMD for Micro and Small Enterprises located within the State
of Tamil Nadu with an undertaking in lieu of EMD
iii) If the bids are received through Consortium or Joint venture, the same will not be
considered and the bids will be rejected.
iv) The proof for permanent EMD.
v) The proof of exemption of EMD with an undertaking in lieu of EMD

1.8) FORFEITURE OF EMD:


Having examined the tender specification together with the schedules attached, the bidder
is deemed to accept to pay the amount equivalent to EMD, together with costs if any, in the
events of non-fulfilment of the conditions stipulated in the tender specification i.e. in all
cases where EMD paid will be forfeited.
The EMD made by the tenderer shall be forfeited on failure
of non-fulfillment by the contractor of any of the conditions below.
a) He withdraws his tender or backs out after acceptance.
b) He withdraws his tender before the expiry of validity period stipulated in the Specification
or fails to remit the Security Deposit.
c) He violates any of the provisions of these regulations contained herein.
d) He revises any of the terms quoted during the validity period.
e) 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 TANGEDCO, TANTRANSCO &
TNEB LIMITED.
SECTION-F
2) REJECTION OF TENDER
2. 1) Tenders will be SUMMARILY rejected and the price bid will not be opened if
a) The EMD requirements are not complied with.
b) If the bids are received through Consortium or Joint venture, the same will
not be considered and the bids will be rejected.
c) Not satisfying any one of the Bid Qualification Requirement as stipulated.
d) If EPF & ESI registration DETAILS has not been updated.

2. 2) Tender is LIABLE to be rejected, if it is:


a) Not in the prescribed form of e-tender system.
b) Not properly signed by the tenderer.
c) .Not covering the entire scope of Work.
d) With validity period less than that stipulated in this specification.
e) Not in conformity with TANGEDCO’s Commercial terms and Technical
Specifications
f) Received from a tenderer who is directly or indirectly connected with Government
service or TANGEDCO Service or services of local authority.
g) From any black listed Firm or Contractor.
h) Received by Telex / Telegram / E-Mail/ Fax.
i) From a tenderer whose past performance / Vendor rating is not satisfactory
j) Documents furnished by the Tenderers along with their offer being found to be
bogus or contain false particulars.
k) Received after tender opening.
l) If the declaration as per specification is not signed and enclosed.
m) Price bid should be submitted only through online. The tender will be rejected if it
is submitted in any other form.
n) The documentary evidence for having registered under GST (i.e.) GSTIN is not
uploaded by the contractor

SECTION-G
INSTRUCTION TO BIDDERS FOR OPENING OF ONLINE BIDS IN E- TENDER &
EVALUATION

3) For and on behalf of TANGEDCO, Tender offers will be opened electronically at


14.30 hrs. on the date notified i.e. on 02.04.2024 at the office of the Superintending
Engineer / Civil / Mettur Thermal Power Station-I / Mettur Dam - 636406,
through https://www.tntenders.gov.in in the presence of tenderer’s authorized
representative, who are present on the date of opening. No late tender and those not in
confirming with the prescribed forms, conditions, specification or without Earnest Money
Deposit are entertain able.
Tamil Nadu Transparency in Tenders Act 1998 and the Tamil Nadu Transparency in
Tender Rules 2000 and subsequent amendments thereof are applicable to this
Tender.
3.1) An undertaking on a non-judicial stamp paper of appropriate value(Rs.80/-) to pay an
amount equivalent to E.M.D. in case of non-fulfillment of the conditions stipulated in the
contract, in the case of exempted categories for payment of E.M.D shall also be uploaded.
3.2) The Tenderer should quote their rates for all the portions of schedule items or
otherwise the tender rates will not be considered and will be rejected.
3.3 The Tenderer should work out his own workable rates and the quoted rates should be
firm till the acceptance of the proposal. The tenderer should inspect the site and offer his
rates after thoroughly verifying the nature and items of various works involved. No extra
claim will be allowed later on.
3.4) The tenderer should submit his rates only in the departmental schedule of quantities
forms enclosed along with the specification. Otherwise the tender will be rejected at the
time of opening the tender itself.
3.5 Price bid should be submitted only through online. The tender will be
rejected if it is submitted in any other form. The tenders will be evaluated strictly as
per the Tamil Nadu Transparency in Tender Act, 1998 and the Tamil Nadu Transparency in
TenderRule,2000. 3.6 Conditional Tenders will not be accepted.
4) RECEIPT OF TENDER:
The tenders received after the specified date and time will summarily be
rejected. If the date happens to be holiday, the next working day will be the due
date.
5) OPENING OF TENDER:
The tender received with in the time specified for submission will be opened in the
presence of such of those Tenderers or their authorized agents as may be present.

5.1) OPENING OF COMMERCIAL & TECHNICAL BIDS (PART-I):


The Tender offers will be opened electronically at 14:30 Hrs. on 02.04.2024
the date notified at the Office of the Superintending Engineer / Civil / MTPS I /
Mettur Dam, through : https://www.tntenders.gov.in in the presence of tenderer’s
authorized representative who may wish to be present on the date of opening.

5.2) OPENING OF THE PRICE BIDS: (PART - II)


Price bids (Part-2) of those bidders who fulfill the BQR criteria and whose bids are
found to be commercially and technically acceptable in e-tender will be opened
electronically by the nominated members on the next day.
If the Due date of opening is declared as a holiday, the tender will be
opened on the next working day at 14:30 Hrs
5.3) If the tender is made by an individual, it shall be signed with his full name and his
address. If it is made by a firm, it shall be signed with co-partnership name by a member of
the firm and address of such member of the firm shall be given. If the tender is made by a
corporation, it shall be signed by duly Authorized Officer, who shall produce with his tender,
satisfactory evidence of his authorization. Such tendering corporation may be required,
before the contract is executed, to furnish evidence of its corporate existence.

6) PERMANENT ACCOUNT NUMBER:-


Income tax payable on the contract amount at the appropriate rates levied from time
to time will be deducted out of the payments to be made to the contractor in accordance
with the provisions of the Income Tax Act 1961 as amended from time to time. The tenderer
has to furnish their Permanent Account Number along with their offer.

7) Tenderers should upload an attested photo copy of their Registration Certificate as


contractor for works in TANGEDCO / Thermal Stations in the techno commercial bid if
available.

8) RIGHTS OF THE TANGEDCO:


Not with standing anything contained in this specification TANGEDCO reserves the right to:
Accept the lowest tender.
Revise the quantities at the time of placing orders.
a) Reject any or all the tenders or cancel without assigning any reasons therefor.
b) To split the tender quantity and place orders on one or more than one firm to meet the
delivery/ work requirement.
c) Recover losses if any sustained by TANGEDCO from the successful tenderer who pleads
inability to supply/ work and backs out of his obligation after award of contract. The Security
Deposit paid shall be forfeited.
d) To cancel the orders for not keeping up the delivery /work schedule.

9) PERIOD OF COMPLETION: 1 (One) month from the date of taking over of site.

10) VALIDITY OF TENDER:


Tender should be valid for a period of 180 days from the date of opening of Tender.
Offer with lesser validity period shall be rejected. Any delay in deciding the tender for
administrative reasons should not be a plea for revising the rates originally offered in the
tender.

11) TAKING OVER OF SITE:


The Contractor is requested to contact the Executive Engineer / Civil / Civil
Maintenance II / Mettur Thermal Power Station I to take over the site within 30 days from
the date of receipt of award letter or within 15 days after execution of agreement
whichever is earlier failing which this acceptance is liable for cancellation together with
forfeiture of EMD & Security Deposit amount.

12) PAYMENT CONDITION :

Payment will be made to the account of the successful tenderer through online.
i) No advance payment will be made for any item of work.
ii) (a) 95% payment will be made in Part Bills / Final Bill retaining 5% as retention amount.
The retention amount will be will be released after 3 (Three) months from the date of
completion of work and fulfillment of contractual obligations.
(b) 95% payment will be released within a time frame of 90 days from the date of
completion of works / completion of services as the case may be for both SSI units and
non-SSI units and failing which simple interest for the delayed period will be paid at the SBI
three months MCLR.
iii) Retention amount: Besides the Security deposit mentioned in para 7.0 above, a further
deduction of 5% of the value of the work done shall be made for purpose of additional
security deposit from each intermediate bill to be paid until the completion of work.
iv) The 5% retention amount along with E.M.D and Security Deposit collected will be
released after 3 (Three) months from the date of completion of work and fulfillment of
contractual obligations.

13) INFORMATIONS REQUIRED & CLARIFICATIONS:


13.1. The Firm/ Contractor shall also carefully study the site condition and additional
specifications and all the documents which form part of the contract can be obtained during
office hours on any working day from the office of the Superintending Engineer / Civil /
Mettur Thermal Power Station – I
13.2. The Tenderer shall inspect the site, examine and obtain all information required and
satisfy himself regarding access to site, communication, transport, equipment and facilities
and local working conditions required for the work. Ignorance of the site condition shall not
be accepted by the owner as basis for any claim for compensation. Any later claims
/disputes in regard to the rates quoted shall not be entertained. No ambiguous clauses,
which may put the TANGEDCO to uncertain commitments will be entertained. The
TANGEDCO will not however, after acceptance of the contract rate, shall give any extra
charges for lead or for any other reasons in case the contractor is found later on found to
have misjudged the materials available.

14) RATES ARE INCLUSIVE OF INCIDENTAL ITEMS:


It will be deemed that the rates quoted by the tenderer are inclusive of all incidental items of
work not necessarily mentioned in the schedule but never the less essential for the correct
and complete execution of the work. The prices should be in Indian Currency.
No variation in price will be accepted and price quoted should be firm till the acceptance of
the proposal furnished by the tenderer.
The rates quoted for individual items shall be firm and exclusive of G.S.T. The applicability
of G.S.T. shall be enumerated separately.

15) SCHEDULE FOR QUANTITIES:


15.01) Only one schedule is enclosed to this tender specification and the rates should be
written both in words and figures. The tenders shall be submitted in the same format
without any alteration to the schedule.
15.02) A tentative schedule of quantities of the work accompanies this tender
specification. It shall be definitely understood that, the TANGEDCO does not accept any
responsibility for the correctness of the schedule and this schedule is liable for alterations by
omissions, reduction or additions at the discretion of the SE or his authorized
representatives, or as set forth in the conditions of the contract at any stage (i.e either at
finalizing the award of tender or during the execution of work etc). The Tenderer should
however quote his specific workable rates for each item in Rupees and paise based on the
quantities in the tender schedule. The quantities furnished in the schedule are approximate
and are subject to variation.
BID EVALUATION:
15.03) The bid evaluation shall be done as per Tamilnadu Transparency in Tenders Act
1998 and Tamilnadu Transparency in Tender Rules 2000. Since GST is enacted where in
all taxes & duties are subsumed, price evaluation shall be inclusive of applicable
GST in all cases, i.e. even if the bidders are only within the State or bidders are
within the State and outside Tamilnadu.
15.04) In respect of works contract where both supply of goods and services are involved,
the respective GST for supply of Goods and Services to be rendered shall be taken for
evaluation purpose.
15.05) While quoting the rates the bidder shall indicate the HSN Code (Harmonized System
Nomenclature code) and SAC ( Service Accounting Code) for all the tendered items if
necessary as per GST Act.
15.06) The TANGEDCO or any Officers authorized by it, reserves the right to reject any or
all the Tenders without assigning any reasons therefor and also reserves the right to award
the works to the contractor or split the work suitably and award the same to one or more
contractor without assigning any reasons therefor.
15.07) Tenders offering a percentage deduction from or increase in the estimate amount
and those not submitted for lump sum amount for items not called for shall not be included
in the tender. No alterations which are made by the tenderer in the contract form, the
conditions of contract, the drawings, and the specification of quantities accompanying the
same will NOT be recognized. If any such alterations are made, the tender will be void.
Tenders not uploaded in the TANGEDCO’s schedule of quantities form will not be
considered.

16) DETAILS OF CONFIDENTIAL:


The tenderer whether his tender is accepted or not, shall treat the specification,
etc., as confidential.

17) EMPLOYMENT BY CONTRACTORS OF QUALIFIED TECHNICAL STAFF IN


EXECUTION OF WORKS:
Preference in selection from among the tenderers will be given other things being equal,
to those who are themselves professionally qualified or who undertake to employ qualified
men at their cost to look after the work. The tenderer should, therefore state, in clear
terms, whether they are professionally qualified or the staff to be employed. In case, the
selected tenderer is one who has undertaken to employ technical staff under him, he should
see that one of the staff is always at site during working hours personally checking all the
work and paying extra attention to such works as may demand special attention.
The tenderers who themselves are professionally qualified should undertake to employ
qualified technical men at their cost to look after the work. The tenderers should state in
clear terms whether they are professionally qualified or whether they undertake to employ
technical men required to be always at the site during working hours personally checking all
items of work and paying extra attention to such works as may demand special attention.
If further necessary information is required the SE / Civil / MTPS I / MetturDam-6 will furnish
such, but it must be understood that tenders uploaded should be in order and according to
instructions cited above

18). RIGHT TO DECIDE THE TENDER RESERVED :


It shall be expressly understood by the CONTRACTOR that the TANGEDCO or the competent
authority to decide the tender shall have the right to relax or waive any of the conditions
stipulated in this specification wherever deemed necessary in the best interests of the
TANGEDCO for good and sufficient reasons. The TANGEDCO or the competent
authority to decide the tender AND reserves this right.
In case of any discrepancy the decision of the TANGEDCO or the competent authority will be
final and binding on the tenderer. TANGEDCO or the competent authority Reserves the right
to reject any or all the tenders without assigning reasons and reserves the right to divide the
number of works to be entrusted between two or more contractors.
Madras Detailed Standard Specification will be followed wherever applicable and in cases not
covered by the individual specification attached.

19) GENERAL:
Before quoting of the tender, the tenderer should have carefully followed the instructions in
the tender notice and have read the TamilNadu building Practice and the relevant conditions
of the General conditions of Contract and should have made such examination of the
contract documents and the specification etc. and of the location, where the said work is to
be done and in regard to the materials to be furnished as to enable him thoroughly to
understand the intention of the same and requirements, covenants, stipulations and
restrictions contained in the contract and in the said specifications and should distinctly
agree that they would not here after make any claim or demand upon TANGEDCO based
upon or arising out of any alleged misunderstanding or misconception or mistake on their
part of the said requirements, covenants, stipulations and restrictions and conditions.
The tenderer should clearly understand that the entire work has to be carried out in
accordance with the relevant Indian Standard specifications with their latest amendments
and his rates shall be inclusive of the all the expenses required to meet the requirements of
such specifications.
The tender should quote specific rates for each item in the schedule and the rates should be
in rupees and sums of five paise. The rates should be written both in words and figures. In
case of discrepancy between the two, the lesser of the two only will be taken as the quoted
rate.

20) APPEAL:
Any tenderer aggrieved by the order of the tender acceptance authority (competent
authority) may prefer an appeal to the TANGEDCO within 10 days from the date of receipt of
order.
SECTION-H
TERMS AND CONDITIONS

21) RATES:
The contractor/ firm should closely note all the specification clauses which govern the
rates while he is tendering. The rates accepted shall remain FIRM for the entire duration
of contract or any extension thereof. The award of contract will be issued to the
successful tenderer with all TANGEDCO Ltd’s terms and conditions, duly
indicating the approved unit rates and the approximate quantity allotted to them .
The final rates should be inclusive of all incidental expenses for carrying out
subject work. All the expenses to be incurred by the contractor are required to
be included to the extent they are charged to arrive the contract value i.e.
transaction value. The applicable GST shall be worked out on the transaction
value only.
The benefit of Input Tax Credit (ITC) if any availed by the bidder shall be
passed onto TANGEDCO while quoting the price.
* Denial of ITC Claim: Invoice is an essential document for TANGEDCO to avail Input
Tax Credit (ITC). TANGEDCO cannot avail input tax credit from suppliers whose Turnover
exceeds Rs.10 Crores without an e-invoice or e-invoiced debit note or e-invoiced credit note.
Now as per the advisory, suppliers having annual turnover of Rs.100 crore and above, the e-
invoice has to be created within 7 days of issue of Invoice/ Credit Note/ Debit Note.
* The Suppliers/ Contractors, whose annual turnover exceeds Rs.10 Crores to raise e-
invoice, so that TANGEDCO could avail Input Tax Credit under GST. E-Invoice is a system in
which B2B invoice are authenticated electronically by GSTIN for further use on the common
GST portal. Under the electronic invoicing system, an identification number will be issued
against every invoice by the Invoice Registration Portal (IRP) to be managed by the GST
Network (GSTN)

22) ACCEPTANCE AND AGREEMENT


The fact of submission of a Tender to the TANGEDCO shall be deemed to constitute
agreement between the tenderers and the TANGEDCO whereby such tender shall remain
open for acceptance by the TANGEDCO. If the tenderer be notified that his tender Is
accepted by the TANGEDCO, he shall be bound by the terms of the Agreement constituted
by the tender and such acceptance thereof by the TANGEDCO throughout the Period of
contract. The acceptance letter issued with the agreed terms, there in shall form the
document of contract. After receipt of acceptance order the contractor shall execute
necessary agreement in the prescribed form. The stamp duty payable to this agreement is
of the value of Rs.80/-, which should be borne by the successful tenderer. The agreement in
the prescribed form duly stamped should then be signed by the contractor in due fulfillment
of the contract in the office of the Superintending Engineer concerned of the work. Failure
to enter into the required agreement as defined in this paragraph shall entail for forfeiture of
the Earnest Money Deposit paid. The work face value of the agreement will only be limited
to the finalized work. It is not binding that the TANGEDCO should allow the contractor to
complete the work up to the face value of the agreement.

23) SECURITY DEPOSIT/ SD cum PG :


23.1) When a tender is to be accepted, the contractor shall forthwith upon intimation being
given to him of acceptance of his tender by the TANGEDCO must furnish Security Deposit for
an amount equal to 5% of the contract value (including the EMD already paid) which can be
remitted by way of
1. NEFT/RTGS/ DD/ Banker’s cheque only towards payment of Security Deposit for the
Contract value of Rs.10 Lakhs and
2. NEFT/RTGS/ DD/ Banker’s cheque only drawn in favour of SE/P&A/MTPS payable at
Mettur dam or an Irrevocable Bank guarantee in non-judicial stamp paper of value Rs.80/-
from any Nationalized Bank or Scheduled Bank covering the Guarantee period towards
payment of Security Deposit cum Performance Guarantee in case the Contract value exceeds
Rs.10 Lakhs. The validity period of the above Bank Guarantee should be extended suitably to
cover the additional guarantee period in case of repairing the defects/failures within
guarantee period as per the guarantee clause.
The combined SD cum PG furnished as above will be refunded/returned to the supplier
only after the expiry of guarantee period stipulated after ensuring that defects/damages
on account of breach of any of the clauses or any other amount arising out of the contract
becomes payable by the contractor to TANGEDCO, then TANGEDCO will in addition to such
other dues that he shall have under the law, appropriate the whole or part of the combined
SD cum PG and such amount that is appropriated will not be refunded to the supplier.

The EMD paid by the tenderer will be adjusted in SD/SD cum PG. The SD/SD cum PG
shall be paid within 30 days from the date of receipt of acceptance letter. If the tenderer
fails to pay the SD/SD cum PG within stipulated period, the acceptance letter will be
cancelled together with forfeiture of E.M.D. The belated payment of SD/SD cum PG shall
not be accepted hereafter. National Savings Certificate and National Plan Certificate will not
be accepted.
23.2) This Security Deposit together with the Earnest Money Deposit shall be retained as
Security for the due fulfillment of the contract. Earnest Money Deposit and Security Deposit
will not bear any interest.
23.3) The Security Deposit / EMD are refundable only after the satisfactory completion of
the Work in all respects. The Earnest Money Deposit made by Tenderer shall be retained as
security for the due fulfillment of the agreement. Such deposit or deduction or any portion
thereof may, at the discretion of the competent authority, be forfeited on failure of non-
fulfillment by the contractor of any of the conditions below.
(a) He withdraws his tender or backs out after acceptance.
(b) He withdraws his tender before the expiry of validity period stipulated in the
Specification or fails to remit the Security Deposit.
(c) He violates any of the provisions of these regulations contained herein.
(d) He revises any of the terms quoted during the validity period.
(e) 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 TANGEDCO,
TANTRANSCO & TNEB LIMITED.

24) VENDOR REGISTRATION:


The Vendor registration is mandatory and the vendor portal
(http://exam.tnebnet.org/tnebvendor/) is made available in Public website to access by
all vendors.

25) LIQUIDATED DAMAGES:


If the contractor fails in the due performance of this contract within the time
fixed by the contract (or) any extension thereof, and contractor is liable, at the discretion of
the Engineer to levy of Liquidated damages for the delay in execution, which shall be at half
percent (0.5%) of the contract price of the delayed portion, for each completed week of
delay, reckoned on the contract value of such portion only of the work as cannot in
consequence of the delay be used commercially and efficiently during each month between
the appointed or extended time as the case may be and full satisfaction of the contractor’s
liability for delay but shall not in any case exceed 10% of the contract value of such portion
of the work.
25.1) However, in respect of contracts where supplies effected in part or works executed in
part could not be beneficially used by the TANGEDCO (Due to such incomplete
supplies/execution) liquidated damages shall be worked out on the basis of entire contract
price only and not on the value of delayed portion.
25.2) The contractor is liable to pay to the TANGEDCO, in addition to liquidated damages for
delay, the actual difference in price wherever the TANGEDCO orders, the delayed quantity to
be supplied/executed by other agencies at a higher rate.
25.3) Tenderers not giving clear and specific acceptance to the above clauses is liable to
be rejected.
25.4) 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

26) QUANTITY, DISCREPANCIES BETWEEN DRAWING AND SPECIFICATION:


Quantity of the work will be as per the accepted schedule. It is to be expressly
understood, that the measured work is to be taken (As per custom or practice in vogue)
according to the actual quantities placed and finished as per the drawings or as per
measurement or weight at the respective prices without any additional charges for any
necessary or contingent works connected there with. The rates quoted should be inclusive
of such works and complete in every aspect. Should thereby any discrepancy between the
specifications and/or schedule of prices and/ or drawings or any inconsistency, error or
omission in either of them, reference must be made to the ENGINEER an explanation and
the contractor will be held responsible for any errors that may occur in the work through
neglect of this precaution. The explanation of the Engineer shall be final and binding on
the CONTRACTOR

27) PERIOD OF COMPLETION OF WORK:


27.1) The period of completion of work will be as specified in the Tender Schedule
Specification from the date of handing over of site by TANGEDCO including all Sundays
and Holidays declared by Government of Tamil Nadu. The work has to be carried out
beyond office hours (i.e. before or after office hours), if required and approved by Site
Engineer.
27.2) If the contractor fails to maintain the stipulated time of completion as specified in the
schedule, he shall be liable to pay liquidated damages. It shall be clearly understood that
failure to meet the completion dates and/or slow progress of work they shall also attract
penalty as per General conditions of contract and their poor performance will be taken note
for future tenders.

27.3) DEFAULT: The defaulting contractors should be made liable to pay to the
TANGEDCO, in addition to Liquidated damages for delay, the actual difference in price,
wherever TANGEDCO orders the delayed quantity to be executed by other agencies at a
higher rate.
27.4) LOSS OR INCONVENIENENCE: If the contractor has failed to complete the work /
discontinue, the work will be carried out by engaging other suitable agencies by TANGEDCO.
The loss or inconvenience in connection with the above work will be recovered from the
default contractor.

28) TERMS OF PAYMENT:


28.01) 95% payment will be made with time period of 90 days from the date of completion
of works as the case may be. In the event of TANGEDCO failing to keep the stipulated time
frame for releasing payment, simple interest for the delayed period beyond 90 days for
completed portion of work/ Unit of work shall be paid by TANGEDCO to the vendors at the
SBI three months MCLR rate for the delayed period beyond 90 days. Balance 5% withheld
amount will be paid together with security deposit on satisfactory completion of work in all
respects and submission of all the required documents provided that there is no recovery or
forfeiture of any amount from the contractor. The simple interest shall be calculated for the
delayed period by adopting the 3 months MCLR of SBI prevailed at the time of signing of
agreement and in the cases where no agreement is signed, only P.O/WCT is issued, the
date of the P.O/WCT shall be taken as base date to ascertain the interest rate.
28.02) It shall be noted that no advance payment will be made by the TANGEDCO for any
part of the contract under any circumstances even if the contractor is a Government body.
28.03) Payments for the supplies will be made by way of NEFT/RTGS/Fund Transfer to the
supplier’s account 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 supplier.
28.04) Payments will not be made for equipment /materials damaged during transit. All
defective materials shall be replaced by the supplier free of charge
28.05) The Earnest Money Deposit and the security deposit amount collected will be
released after the final bill is audited by the audit section.
28.06) FINAL BILL: It shall be accepted as a condition of the contract that the payment
of final bill of the contractor will be made after deducting the amounts to be withheld by the
TANGEDCO at any cause and his acceptance thereof shall constitute a full and absolute
release of the TANGEDCO from all further claims by the contractor under this contract.
28.07) The royalty and seignior age charges whenever payable shall be paid by the
contractor and the final rates include this also.
28.08) Exchange commission for the issue of Bank Draft and other Bank charges will be to
the account of the supplier

29) Goods and Services Tax [GST]


The bidders should have registered under GST Act and furnish GSTIN. In the
event of contractor is within TN, SGST&CGST shall apply and if the contractor is outside
TN, IGST shall apply.
i. Goods and Services Tax [GST] as a modern law, has been brought after Article366 (12A)
of the Constitution as amended by 101st Constitutional Amendment Act,2016. GST is an
indirect tax system, commonly used by both the Central Government and the State/UT to
final consumption with credit of taxes paid at previous stages available as set off. In a
nutshell, only value addition will be taxed and burden of tax Governments on goods and
services.GST is a destination based tax on consumption of goods and services. It is
proposed to be levied at all stages right from manufacture is to be borne by the final
consumer. GST has been rolled out w.e.f 01.07.2017, across India.
ii. The GST to be levied by the Centre on intra-State supply of goods and/or services would
be called the Central GST(CGST)and that to be levied by the States/ Union territory
would be called the State GST(SGST)/UTGST. Similarly, Integrated GST (IGST) will be
levied and administered by Centre on every inter-state supply of goods and services. In
case of import of goods would be treated as interstate supplies and would be subject to
IGST in addition to applicable customs duty.
iii. Any supplier of goods and service Provider of services who makes a taxable supply with
an aggregate turnover of over Rs.20 lakhs in a financial year is required to obtain GST
registration. In special category states, the aggregate turnover criteria is set at
Rs.10lakhs.in simple words. Every business whose taxable supply of goods or services
under GST (Goods and Service Tax) and whose turnover exceeds the threshold limit of
Rs.20lakh/ 10Lakh as applicable will be required to register as a normal taxable person.
iv. GST Registration Number: TANGEDCO has migrated into GST regime on 15.06.2017 by
duly uploading various mandatory data as required by the GST portal. The provisional ID
issued to TANGEDCO is 33AADCT4784E1ZC.The details are also posted in TANGEDCO
web portal. GST Registration Number or GSTIN is 15 Digit identification number which is
allotted to each applicant who applied for GST Registration. GST Number is completely
based on the Pan Number and State code. First two digit represent the state code and
another 10digit represent the PA Number of the client, one digit represent the entity
code (Like proprietor ship or partnership etc), one digit is blank and last one is represent
check digit.
v. Transaction Value: The value of a supply of goods or services or both shall be the
transaction value, which is the price actually paid or payable for the said supply of goods
or services or both where the supplier and the recipient of the supply are not related and
the price is the sole consideration for the supply. Sec15 (1) states that value of supply of
goods and service shall be the transaction value i.e. the price actually paid or payable.
The conditions for accepting the transaction value are-
a) Supplier and the recipient of the supply are not related.
b) Price is the sole consideration for the supply.
vi. Composition Scheme: Composition scheme specifies that registered person whose turn
over in the preceding financial year is below certain specified limit (Currently Rs. 75
lakhs) may intimate the proper officer to pay in lieu of tax payable by him an amount
calculated at such rate may be specified.
Eligibility for composition scheme: Sec10(2) of the central Goods and Services Tax
Act,2017 states that the registered person shall be eligible to opt under sub-section (1),
if-
* he is not engaged in the supply of services other than supplies referred to in clause(b)
of paragraph 6 of Schedule;
* he is not engaged in making any supply of goods which are not livable to tax under
this Act;
* he is not engaged in making any inter-State outward supplies of goods;
* he is not engaged in making any supply of goods through an electronic commerce
operator who is required to collect tax at source under section 52; and
* he is not a manufacturer of such goods as may be notified by the Government on the
recommendations of the Council.
vii. Supply of Service and Goods: When there is a combined supply of many goods/ services,
it has to be determined whether it is a Composite supply or mixed supply of goods or
services
(a) COMPOSITE SUPPLY: A composite supply is the one where all the goods or services
or a combination has to be supplied together i.e., naturally bundled and there would be
a Principal Supply that could be identified (Ex. Supply of Machinery with packaging,
insurance and freight–the principal supply is machinery). In this case, the rate of
principal supply will be applied on entire value.
(b) MIXED SUPPLY: A mixed supply is where the goods or services or the combination
there of which could be individually supplied (like Pizza and Coke) but sold together at a
single price. In this case, the highest rate to the good in that mix is applied on all the
goods. The GST shall be applicable at appropriate prevailing rates as notified by GST Act.
In the event of delay in execution of contract, the GST rate prevailing on the scheduled
period or on the actual date of execution, whichever is less only will be admitted.
viii) The Goods and services Tax will be paid extra as applicable. The amount of CGST,
SGST and IGST as applicable shall be indicated in percentage payable and amount
separately in the tender offer.
ix) The TANGEDCO has been registered as a dealer under GST Act 2017(Regn No.
33AADCT4784E1ZC). In case of delayed delivery, the GST prevailing on the date of
dispatch or 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
duty livable on the material at the time of tender opening. If the rates assumed by the
Tenderer are less than the current rates prevailing at the time of tendering, the
TANGEDCO Ltd 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 GST
prevailing at the time of tendering will only be paid.
Any increase in GST consequent to the suppliers coming into different duty slab
during the execution of the contract shall have to be taken into account and the all
inclusive firm price shall be quoted accordingly by the Tenderers. Any variation in GST
due to statutory variation within the contract delivery date shall be considered by the
TANGEDCO Ltd.
In case of delayed delivery, the GST prevailed on the date of actual delivery
applicable or on the date of contractual date of delivery whichever is less shall be
admitted.
The GST amount will be released after verification with GSTR-2A. The TDS
under GST will be recovered at applicable rate on each and every invoice of contract as per
GST Act. TDS UNDER 194Q of IT Act
The appropriate rate of GST as per GST Act will be levied on Security Deposit
forfeiture if any and amount will be recovered from the bills.

30) INCOMETAX
Income Tax will be recovered from the contractors every running bill at the
prevailing rate of tax in force with amendments issued from time to time as per the
Income Tax Act.

31) BOGUS DOCUMENTS:


In the event of the 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 TANGEDCO, TANTRANSCO
& TNEB LIMITED.

32) LIABILITY FOR ACCIDENT TO PERSONS:


The attention of the tenderer is also drawn to the preliminary specification M.D.S.S.
in particular to clause 45 (b) dealing with accidents. It is incumbent on the part of the
contractor to see that it shall be his sole responsibility to protect the public and his
employees against any accident from any cause and he shall indemnify the TANGEDCO
against any claims for damages or injury to persons or property resulting from any such
accidents and shall bear the provision of the workmen’s compensation act. Take steps,
properly to insure against any claims there under by way of accidents, risk insurance for
all purpose of relief. Failing which, the contractor will be responsible to meet the
compensation awarded under the said act. The indemnity bond shall be executed in Rs.
80/- stamp paper.

33) SPECIAL SAFETY CONDITIONS:


The contractor and his men should strictly observe all the rules relating to the
work issued from time to time and the same will be binding on the part of the contractor.
1) All the works have to be executed only in the presence of supervisors engaged
by the contractor as well as the department personal.
2) All the relevant personal protective equipments like safety helmets, safety
shoes, safety belt, goggles, nose mask, face mask, dust respirator, asbestos suit, apron,
leg guards, rubber gloves, face shield, hand gloves, ear plug, ear muff, welding screen,
fall net etc., depending upon working condition and nature of job / work should be
supplied by the contractors to their workmen and to be ensured for proper usage by their
workers without fail.
3) Proper welding machines with accessories, good & sound construction of hand
tools, power tools such as grinding machines, cutting machines, chipping tools,
scaffolding materials etc., should be used wherever necessary. Proper earthing shall be
provided wherever necessary.
4) 24 volt hand lamp should be used while attending works in the confined spaces
like inside the boiler, mill, duct, transformer, tunnel, tank, trench etc.
5) The contractor shall not allow his workmen to wear loose garments, like lungies,
dhotis, watches, loose jewels and bangles etc., while at work and smoke cigarette,
beedies etc., inside the power house premises.
6) The contractor shall ensure that his workmen to wear tight full pant and
workwomen to wear overcoat while at work inside the power house premises.
7) No workmen below the age of 18 year should be engaged by the contractor for
any works and no women workers shall be allowed to work in night hours except between
the hours of 6 A.M and 7 P.M inside MTPS-I.
8) The work should be done carefully by observing all safety precautions. The
Contractor is advised to take utmost care for the protection of their men and materials.
9) More care has to be taken during the execution of works at higher elevations,
and confined spaces.
10) Any job, carried out at higher elevation above 2 meter, workers should wear
safety belt.
11) The contract workmen should not open the fire hydrants for taking bath etc.
12) The contract workmen should not open the service air line for cleaning body.
13) EPF and ESI coverage should be taken for each & every contract worker, while
attending any work in the plant.
14) No compensation will be paid by TANGEDCO on account of any accident to men
(or) loss of materials. Any accident occurred should be reported to the officer in charge
immediately in the prescribed format in accordance with the Factories act, 1948.
15) The contractor shall indemnify TANGEDCO against all actions, suits, claims,
compensation towards accidents/death, cost of expenses arising in connection with
injuries suffered by persons employed by the contractor whether under the general law or
under the workmen compensation Act 1923, or any other statutory in force during the
period of contract and to undertake steps properly to insure against any claims there
under.
16) On the occurrence of accident which may result in the death of any workman
employed by the contractor or which is due to the contract work and so serious as to be
likely to be result in the death of any such workman, the contractor shall intimate within
24 hours of happening of such accident in writing the fact of such accident to the
Superintending Engineer/ Operation, MTPS-I, who is the Factory manager and such
officers required by the provision of the workmen compensation Act or any other
statutory in force. The contractor shall indemnify resulting directly or indirectly from his
failure to give intimation in the manner aforesaid including the penalties or fines, if any
payable by TANGEDCO as a consequence of Tamil Nadu Generation and Distribution
Corporation Limited’s failure to give notice under the provision of the said act or other
wise to confirm the provision of such act in regard to such accident.
17) In the event of accident of which compensation may become payable under
workman compensation act VII of 1923 and subsequent amendment thereof or any other
statutory in force whether by the contractor or by the Tamil Nadu Generation and
Distribution Corporation Limited as principal employer, it shall be lawful for the
Superintending Engineer to retain out of the money due and payable to the contractor
such sum or sum of money as may be in his opinion be sufficient to meet such liability.
18) The contractor should furnish the copies of FIR, Post mortem report in case of
fatal accidents and Medical fitness certificates in case of non fatal accidents immediately.
The contractor should furnish proof for having paid the compensation as fixed by the
Deputy Commissioner of Labour in accordance with the provisions of the Workmen
compensation act or any other statutory in force.
19) The contractor shall possess valid Labour License in accordance with the
Contract Labour act 1970 and the interstate migrant workmen act 1979. The contractor
shall not engage workers exceeding the maximum number of workmen specified in the
Licence.
20) For any safety violation and non-compliance of the statutory acts and rules
prescribed respectively under Factories act 1948 and TN Factory Rules 1950 made there
under the contractor is solely liable for the imposition of penalty. It is to be clearly
understood by the contractor that as per the section 101 of the Factories Act, where the
occupier and or the manager of MTPS-I is charged by the officials of the Factories
Inspectorate with offence punishable under the Factories Act 1948 and TN Factory Rules
1950 for any safety violation by the contractor and his workmen while working, the
concerned contractor shall be charged as the actual offender and brought before the
court at the time appointed for hearing the charge and shall be convicted of the offence
and the Occupier and the Manager of MTPS-I will be discharged from liability under this
Act, in respect of such offence.
21) Comprehensive insurance policy or coverage should be taken for each & every
contract workers, while attending any work in the plant.

34) FIRST AID:


At the work site there shall be maintained a readily accessible place for first aid,
applicable medicines including adequate supply of sterilized dressing and sterilized cotton
wool. The appliances shall be placed under the charges of a responsible person who shall
be readily available during working hours.

35) LABOUR LAW:


The contractor should fulfill strictly all the conditions as stipulated in the contract
labour (R&A) act 1970 and the rules 1975 made there under and Inter-State
Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 & Rules
1983.
35.1) The Contractor who desires to take up works contracts for
TANGEDCO/TANTRANSCO should deploy 20 or more workmen on a day of emergency (or)
in necessity.
35.2) The Contractors shall comply with all the provisions of the Contract Labour
(Regulation & Abolition) Act, 1970 and Tamilnadu Contract Labour (Regulation & Abolition)
Rules 1975 as modified from time to time and shall also indemnify
TANGEDCO/TANTRANSCO from all and against any claims under the aforesaid Act and the
Rules. The contractors should also submit the copy of the labour license before executing
the works.
35.3) The Contractors who desires to engage the migrant workmen (workmen from
other states) for the works contracts of TANGEDCO/TANTRANSCO is required to comply
with all the provisions of the Inter-State Migrant Workmen (Regulation of Employment and
Conditions of Service) Act, 1979 and Tamilnadu rules, 1983 as modified from time to time
and shall also indemnify TANGEDCO/TANTRANSCO from all and against any claims under
the aforesaid Act and the Rules. The contractors should also submit the copy of the migrant
labour license before executing the works.
35.4) The contract shall be terminated if the contractor fails to obtain a license under
section 12 of the contract labour (R&A) Act 1970 within 10 days of award of contract. The
contractors are advised to maintain the records as per section 78 of contract labour (R&A)
rules 1971 in respect of each work for which labours are engaged as detailed below:
1. Muster roll in form –XVI.
2. Register of wages in form –XVII
3. Register of overtime in form – XVIII
4. Every contractor should ensure that all the workers engaged by the contractors are
paid the minimum wages as per the PWD schedule of rates.
5. Every contractor should pay the wages before expiry of seventh day as per section 66
and shall issue wage slip in Form XIX to workmen as per section 78 (b).
6. Every contractor shall issue a photo identity card in form – 25C as per rule 103-C and
time card in 25 B as per section 103-B of Tamilnadu Factories rules 1950.
7. The tenders of the tenderer / tenderers who do not follow the Minimum wages as
contemplated in point 4. above will be summarily rejected.

36) LIABIALITY FOR DAMAGE TO WORKS OR PLANTS:


36.1) The CONTRACTOR shall during the progress of the work properly cover-up and
protect the work and plant from damage by exposure to the weather, and shall take every
reasonable proper, timely and useful precaution against accident or injury to the same
from any cause and shall be and remain answerable and liable for all accidents or injuries
there to which until the same be or be occasioned by the acts or omissions of the
CONTRACTOR or his workmen or his sub-contractors, and all losses and damages to the
works or plant arising from such accidents or injuries as aforesaid shall be made good in
the most complete and substantial manner by and at the sole cost of the CONTRACTOR
and to the reasonable satisfaction of the ENGINEER. Should such loss or damage happen
to units of works or plant or materials falling outside the scope of this contract and due to
the contract, those shall be replaced or compensated for by the CONTRACTOR to the
satisfaction of ENGINEER.
36.2) In the case of loss or damage to any portion of the work occasioned by other causes,
the same shall, if required by the TANGEDCO, be made good by the CONTRACTOR in like
manner but at the cost of the TANGEDCO at a price to be agreed between the contractor
and the TANGEDCO and the TANGEDCO shall pay to the CONTRACTOR the contract value
of the portion of the work so lost or damaged or any balance of such contract value
remaining unpaid as the case may be. Until the work shall be deemed to be taken over as
aforesaid, the CONTRACTOR shall also be liable for and shall indemnify the TANGEDCO in
respect of all damage or injury to any person or to any property of the TANGEDCO or of
others occasioned by Act of the CONTRACTOR or his work men or his sub-contractors or by
defective design, work or material but not due to cause beyond his reasonable control.
36.3) Provided that the CONTRACTOR shall not be eligible under the contract for any loss or
profit or loss of contracts or any claims made against the TANGEDCO not already provided
for in the contract, nor for any damage or injury caused by or arising from acts of the
TANGEDCO or of others (save as to damage by fire, as herein after provided) due to the
circumstances over which the CONTRACTOR has not control nor shall his total liability for
loss, damage or injury exceed the total value of the contract.
36.4) The contractor is not eligible for any compensation whatsoever for delay in supply of
department materials or due to any other cause or due to inadequate works for his labour
or suspension of work.
36.5) Payments will not be made for equipment /materials damaged during transit. All
defective materials shall be replaced by the supplier free of charge.
36.6) If the contractor dispatches materials if any involved in the works without prior
approval of the competent authority and if any demurrage or wharfage or both are incurred
will be debited from the supplier.

37) POWER FOR ENGINEER TO DECIDE ORDER OF WORKS:


The CONTRACTOR shall commence execution at such parts of the site and in such
order as the ENGINEER shall decide in writing. The Engineer may from time to time by
direction in writing without in anyway vitiating this contract, alter the order of the works of
any part thereof at such time, or times as the ENGINEER may deem desirable and the
CONTRACTOR shall after receiving such direction proceed in the order as directed.

38) SUSPENSION OF WORK:


The ENGINEER may from time to time by direction in writing for any valid reasons,
without in any way vitiating this contract, direct the CONTRACTORS to suspend the work or
any part thereof at such time or times and for so long as the ENGINEER may deem
desirable, and the CONTRACTOR shall not, after receiving such written notice, proceed with
the works there in ordered to be suspended, until he shall have received written notice or
authority to the effect from the ENGINEER.
The CONTRACTOR shall not be entitled to claim compensation for any loss or
damage sustained by him by reason of the suspension of works as aforesaid.

39) IDLE LABOUR:


39.1) No compensation shall be payable for idle labour, staff and machinery (hired or
otherwise) due to occasional power failure or any causes beyond the control of the
TANGEDCO and for pre-arranged shutdowns in electricity supply for which prior notice may
be given.
39.2) The contractor shall maintain Attendance Register for their employees as
prescribed therein as per Factories Act 1948 and revised Act 1987 & Tamil Nadu Factories
Rules 1950, failing which their Registration as a contractor for works will be liable for
cancellation.

40) INSPECTION OF WORKS:


The ENGINEER or his duly authorized agent shall have all times full power to inspect
the work wherever in progress either onsite or the CONTRACTOR’S premises or at the
premises wherever situated or any firm or company where work in connection with this
contract may be in hand. All records, registers of documents relating to the works including
materials used on works shall be kept open to the inspection of the TANGEDCO or his
authorized representative when so called for in writing.

41) REMOVAL OF IMPERFECT WORK:


If, it shall appear that work has been executed with unsound imperfect or unskilled
workmanship, or with materials of an imperfect or any inferior quality or otherwise not in
accordance with the contract documents, the contractor shall at his own cost rectify,
reform, remove or reconstruct the same, either in the whole or in part, as may be directed
by the Engineer whether or not the value of any such work of materials shall have been
included in any payment made in the contractor.

42) TOOLS AND PLANTS FOR THE EXECUTION OF THE CONTRACT:


a) For TANGEDCO’s tools and plants, machinery, equipment and materials that are lent
or supplied to the contractor by the department on hire basis for executing the
TANGEDCO’s works, such articles so lent or hired to the contractor shall be returned
in good serviceable condition to the department. If any damage or shortage caused
to such articles by the contractor in the course of their use in the work, the cost as
may be determined by the Executive Engineer for rectification or damage or
shortage so caused shall be recovered from the contractors then and there.
b) In the case of hire of TANGEDCO’s tools and plants machinery, equipments,
materials etc. that are lent to contractor during TANGEDCO work on hire basis, the
hire charges will be recovered on the approved rates for these materials and
machinery hired to the contractors then and there. If there is no approved rates for
these materials and machinery hired to the contractors, a tentative rate will be
worked out as per prevailing rates and condition of the TANGEDCO and recoveries
will be made from the contractor then and there, till approval rates are received.
c) If there is any variation between the rates fixed tentatively and approved,
Department has every power to recover or refund the balance of the amount from or
to the contractor. The materials required for the work will be issued to the contractor
at the central stores or section office and the transport from and to the work spot
including loading and unloading, stacking etc, will have to be done by the contractor
at his expense. Issue of materials to the contractor will be through ‘T’ Note and
details with quantities of materials should be written on the ‘T’ Note and
acknowledgement of the contractor should be obtained on them. Materials not used
for the works and the materials retrieved from the works shall be returned by the
contractor on his own arrangements at the section office or central stores as directed
by the Engineer in charge. The materials other than those supplied departmentally
for erection should be brought in by the contractor only after acceptance of the
competent authority. It is the responsibility of contractor or their transporters to
generate e-way bill before transporting materials if necessary for the works for
prompt delivery at MTPS-I Stores.

43) CLEANING OF THE SITE:


Upon completion of the work, the CONTRACTOR SHALL remove from the vicinity
of the work all plant, buildings, rubbish unused materials, concrete forms and other
materials, belonging to him or used under his discretion, during construction and in the
event of his failure to do so, the same will be removed by the TANGEDCO, and the
relevant expenditure recovered from the CONTRACTOR.

44) EMPLOYMENT OF TECHNICAL STAFF:


The CONTRACTORS who themselves are professionally qualified should
undertake to employ qualified technical men at their cost to look after the work. The
CONTRACTOR should state in clear terms whether they are professionally qualified or
whether they undertake to employ technical men required to be always at the site during
working hours personally checking all items of work and paying extra attention to such
works as may demand special attention.

45) QUALITY OF WORK :


The work should be carried out strictly in accordance to the specification contained
in the schedule under each item of work.
The contractor should not use DOMESTIC LPG cylinders for cutting or welding or
heating purposes at MTPS-I site works, failing which their contract is liable for cancellation
without any prior intimation / prejudice to the terms and conditions of the contract. IDLE
TIME CHARGES FOR ANY REASONS WHATSOEVER SHALL NOT BE ENTERTAINED BY THE
TANGEDCO.

46) TERMINATION OF CONTRACT FOR CONTINUED SLOW PROGRESS


If the rate of progress of work at any time is found slow to ensure completion of
work within the contract period the Engineer will notify the contractor to this effect in
writing thereupon. If the contractor fails to do any such work to improve the progress of
work the TANGEDCO shall have the right to terminate the contract after giving 7 days
notice and execute the balance work through departmentally or by employing other
agency.
In the event of such termination of contract in addition to forfeiture of E.M.D. and
S.D. amount paid by the contractor, TANGEDCO shall have the right to claim as liquidated
damages, the excess expenditure incurred in employing other of these agencies and or
departmental labour on the basis of actual payment of these agencies and on
departmental labour together with overhead, if any as per TANGEDCO regulations.

47) QUALITY OF MATERIALS:


i) All the materials should be as per ISI/or from reputed firm.
ii) All the materials are to be produced and got approved from Executive Engineer
concerned before execution.
iii) All the materials should have correct specification as mentioned in the tender.
iv) All the materials offered should have Brand Name or make approved by the site
Engineers.

48) SUBLETTING
No part of the contract shall be sublet without prior written permission of the Chief
Engineer or shall transfer to made by Power of attorney authorizing others, to receive
payment on CONTRACTOR's behalf. In case of the CONTRACTOR engaging contract
labourers with the prior approval mentioned above in writing, the following should be
strictly adhered to.
a. The CONTRACTOR should fulfill strictly all the conditions as stipulated In the
contract labour (Regulation and abolition) Act, 1970 and the rules made there
under.
b. The CONTRACTOR should take out a license at his cost, under section 12 of the
above said act within the specified period as mentioned by the Management/
Principal employer at the time of awarding the contract.
49) SPLITTING OF THE WORK:
Owner reserves the right to split up the work covered in the scope of this contract among
more than one contractor as per Tender Regulation & site condition, at the stage of
initial contract award or during the operation of the contract due to the unsatisfactory
progress of quality of work or both of the contractor, as considered by the owner. Owner
will not entertain any claim from the contractor on account to such splitting up.
50) JURISDICTION:
Same as otherwise In Tamil Nadu Transparency in Tender Act 1998 no order passed or
proceeding taken by any officer or authority under this act shall be called in question in any
court and no in junction shall be granted by any court in respect of an action taken or to be
taken by such officer or authority in pursuance of any power conferred by or under this act.
No suit or any proceedings regard to any matter arising in any aspect under this contract
shall be instituted in any court in the, say, City Court at Chennai or the court of Small Cases
at Chennai. It is agreed to, that no other court shall have jurisdiction, to entertain suit or
proceedings, even- though the part of cause of action might arise within their jurisdiction.
In case of any part of the cause of action might arise within the jurisdiction of any court of
TamilNadu State and rest within the jurisdiction of courts outside TamilNadu and not in the
court of Chennai City, then it is agreed to, between two parties that such suits or
proceedings, shall be instituted within the State of TamilNadu and no other court outside
the State of TamilNadu shall have jurisdiction, even though any part of the cause of the
action might arise within the jurisdiction of such court.
51) FORCE MAJEURE:
51.1) If at any time during the continuous of this contract, the performance in whole or in
part in any delegation under this contract shall be prevented or delayed by reasons of any
war hostilities, acts of public enemy, acts of civil commotion, strikes, lockouts sabotages,
fires, floods, explosions, epidemics, warranting restrictions or other Acts of God (herein
after referred to as eventualities) then provided notice of the happening of such
eventualities, is given by the tenderer to the TANGEDCO within 15 days from the date of
occurrence there of neither party shall, have any claims 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.
51.2) Provided that in the performance in whole or part by the tenderer or any obligation
under this contract is prevented or delayed by reason so of any eventuality for a period
exceeding 90 days, the TANGEDCO may at its option terminate this contract by notice in
writing.
51.3) The Power cut shall not be considered under force majeure condition. The period
of extension shall be decided only by the authority who placed the order, after verifying
the evidence for the cause of delay.

52) ARBITRATION:
The arbitration Clause is not applicable to this contract.

53) GUARANTEE:
i) The tenderer shall however accept to furnish guarantee / performance bank
guarantee for the work done for 12 months from the date of commissioning / 18 months
from date of completion of work whichever is earlier. If any defect noticed in the
workmanship / materials, the same should be made good at free of cost.
ii) The performance guarantee for 5% of Total contract value should be produced in
a non – judicial stamp paper of value Rs. 80/- (Rupees Eighty only) with two witnesses,
immediately after completion of works.
iii) The tenderers shall guarantee among other things, the following:
a) Quality and Strength of materials used.
b) Safe electrical and mechanical stresses on all parts of the
equipments/ materials under all specified conditions.
c) Performance figures given by the tenderers in the Schedule of Guaranteed
technical particulars.

54) DRINKING WATER: Water of good quality and fit for drinking purpose shall be
provided for the workers on a scale of not less than 3 litres per head per day, by the
contractor at his own cost.

55) WATER FOR SUPPLY: Water required for the work will be arranged by the contractor
himself. If water is supplied by the TANGEDCO at any one point, recovery from their bill will
be made at the rate of Rs.6.00/1000 Litres.
56) POWER SUPPLY FOR WORKS: Electricity will be supplied at any one point nearer to
the site. The current consumption will be metered and the charges for the same will be
recovered at the prevailing tariff rates.

57) ATTENDANCE REGISTER FOR EMPLOYEES:


“The contractor shall maintain Attendance Register for their employees as
prescribed therein as per Factories Act 1948 and revised Act 1987 & Tamil Nadu Factories
Rules 1950, failing which their Registration as a contractor for works will be liable for
cancellation.”

58) CONTRACT DOCUMENT:


A draft copy of the contract document has to be prepared by the successful tenderer
within 10 days from the date of receipt of detailed Acceptance letter and sent to the
Superintending Engineer / Civil / MTPS-I for acceptance. A copy of the specification can be
had from at free of cost if required, for the preparation of the draft contract document.
After approval, the draft copy will be returned to the contractor. Based on the approved
copy, the contractor will have to prepare one original copy along with the ‘Articles of
Agreement’ on a stamp paper of value of Rs.80/- and another duplicate copy of the
contractor document duly signing all the pages of both the copies and submit them
within 5 days from the date of receipt of draft contract document to Superintending
Engineer / Civil / MTPS-I for executing the contractor document (Agreement). After
execution of the agreement original copy will be retained in the office and the duplicate
copy will be returned to the contractor.
F o u r true copies of the contract document shall be prepared by the contractor
and submitted to Superintending Engineer / Civil / MTPS-I within 5 days or receipt of the
approved duplicate copy of contract document.

59) THE COMPLIANCE OF EPF & ESI ACT:


a). Since Mettur Thermal Power station-I is covered under the EPF & ESI Act, the Contractor
who desires to take up works contract for & inside the premises of MTPS-I is required to
comply with all the relevant provisions stipulated in the EPF & ESI Act.
b). The Contractor should have taken separate EPF & ESI main code number. The EPF main
code number can be obtained from the Assistant Provident Fund Commissioner / Salem
and the ESI main code number can be obtained from the ESI Authorities Salem.
c). The workers engaged by the contractor should have EPF –UAN .( Universal account
Number).
d) The Contractor shall be responsible for the payment of necessary EPF & ESI contributions
- both Employer’s and Employee’s contributions as per the provisions of the EPF & ESI
Act in respect of the actual workers engaged for the specified works.
TANGEDCO will not be responsible for any compensation in the event of
accident etc., or any dispute arising due to non payment of EPF & ESI
contribution to be made to the concerned statutory body in respect of this work.
You have to furnish a undertaking in stamp paper value Rs.80/- stating the
above along with the agreement
e). The Contractor shall submit necessary returns to the EPF office & ESI corporation within
he stipulated time as required under the said EPF & ESI Act.
f). The contractor shall produce the proof of payment of contributions – both Employer’s
and Employee’s contributions made to the EPF office & ESI corporation in order to claim
the bills for the respective work and EPF and ESI will not be reimbursed. The work bill
will be claimed only after remittance of both employer’s and employee’s PF contributions
by the contractors.
g). The contractor shall be fully liable to meet and fulfill all the relevant provisions of the
EPF & ESI Act in respect of the execution of the Tendered work.
h) The contractor should register their establishment under (PMRPY) Pradhan Mantri Rojkar
Protsahan Yojana with employees Provident fund Organisation.
i). In case the contractor fails to fulfill any of the statutory provisions of the EPF & ESI Act
and consequently it happens that TANGEDCO Ltd., has to meet such requirements of the
said Act or Statutory Provisions in the capacity of Principle Employer, TANGEDCO Ltd.,
shall make such good requirements out of money due & payable to the said contractor
and further the performance of the said contractor in this regard will be noted for all
future contracts of TANGEDCO Ltd.,
j). The subscriptions made for EPF or ESI shall be in the name of contractors who have
executed the agreement with TANGEDCO. Subscriptions made by the subcontractors will
not be entertained.
k). The Wages prescribed for the contractor/ industry/ establishment as per
rates of Minimum Wages notified by the Government of Tamilnadu under the
Minimum Wages Act,1948 or the current PWD rates of wages, whichever is higher
is to be paid by the contractor to their employees.
l). The tenders of the tenderer /tenderers who do not follow the minimum wages act as
contemplated in above condition will be summarily rejected.

60) EMPLOYMENT BY CONTRACTORS OF QUALAIFIED TECHANICAL STAFF IN


EXECUTION OF WORK BY CONTRACTORS:

The tenderers should state in clear terms whether they are professionally qualified or
whether they undertake to employ technical men required by the department as specified in
the schedule below for the work, at their cost to look after the work.

Sl. Value of Minimum qualification prescribed for the technical staff Rate of
No Contract to be employed penalty
1. Above Rs.1 One Diploma Holder in Civil Engineering or a retired As mentioned
lakh and supervisor (Civil) from Govt. service or autonomous below in the
upto Rs.3 body like the Tamil Nadu Housing Board etc. note
lakhs.
2. Above Rs.3 One B.E Civil or equivalent degree holder in Civil
lakhs and Engineering with one year experience or a retired Civil
upto Rs.10 Engineer from Govt. Service or an autonomous body --- do ----
lakhs. not below the rank of an Assistant Executive Engineer.
3. Above One B.E. Civil or equivalent degree holder in Civil
Rs.10 Lakhs Engineering with 3 years experience (or) a retired Civil
and upto Engineer from Govt. service (or) an autonomous body
Rs.50 lakhs like the Tamil Nadu Housing Board etc., not below the
--- do ----
rank of AEE plus one Diploma holder in Civil
Engineering or retired Supervisor / Civil from Govt.
service or an autonomous body like the Tamil Nadu
Housing Board.
4. Above One B.E / Civil or equivalent degree holder with 3 years
Rs.50 lakhs. experience plus 3 Diploma holders in Civil Engineering.
Alternative: Two B.E / Civil or equivalent degree --- do ----
holders out of whom atleast one must have an
experience of 5 years plus one diploma holder
NOTE:
i) An amount of Rs.20,000/- per month per person for Graduate Engineers and Rs.15,000/-
per month per person for Diploma holders will be recovered as penalty for non-
employment of Technical personal as specified above.
ii) The Contractor should see that one of the senior technically qualified men is always at
site during working hours, personally checking all the items of work and paying extra
attention to such works as may deemed special attention. If the tenderer fails to employ the
technical staff as indicated above for the works, penalty shall be levied as per the rate of
penalty indicated above for the period of each non-employment of technical staff.

SE / CIVIL / MTPS I
ANNEXURE -I
DRAFT UNDERTAKING IN LIEU OF PAYMENT OF E.M.D.
(IN NON JUDICIAL STAMP PAPER OF VALUE NOT LESS THAN Rs.80/-)
THIS UNDERTAKING Executed at _On this
thereunder_ _day of_ _ _Two thousand ----------------
-- by M/s. The company registered under Companies Act. 1956.
Having registered office at _ hereinafter called “Tenderer” to and in favour
of the Tamil Nadu Generation Corporation Limited, a Body corporate constitute under
The Electricity (Supply) Act, 1948 having its office at NPKRR Maaligai,144, Anna Salai,
Chennai-2 represented by _.(hereinafter called the TANGEDCO).

WHEREAS the contract is for the supply/ erection/ construction/ suggestion for special
nature of work etc., in terms of the tender Specification No. .

AND WHEREAS in accordance with Clause of the above said tender Specification, the
tenderer has to furnish E.M.D. of Rs. /- (Rupees )

AND WHEREAS the tenderer has requested the TANGEDCO to accept the undertaking, in
lieu of payment in cash of the E.M.D.

AND WHEREAS the TANGEDCO has accepted the request of the tenderer subject to
his executing an undertaking to pay to the TANGEDCO Not exceeding Rs. /-
(Rupees
) representing the Earnest Money Deposit together
with costs in case of non-fulfilment of the conditions stipulated in the tender
specification/conditions in the contract, by the Tenderer.

IN CONSIDERATION of the TANGEDCO having agreed to accept on undertaking from


the tenderer in lieu of payment of Earnest Money Deposit in cash, the tenderer undertakes
to pay the sum of Rs. /- (Rupees _ ) immediately when
a demand is raised by the TANGEDCO against the tender without any demur in the event
of the following:-
i) If he withdraws this tender or backs out before or after acceptance of the tender or fails
to remit the Security Deposit.
ii) If he revised any of the terms quoted during the validity period.
iii) If the violates any of the conditions of the tender specification.
iv) The successful tenderer fails to remit the SD within the prescribed time limit.
NOW THE CONDITION OF THE ABOVE WRITTEN UNDERTAKING is such that if the tenderer
shall duly and faithfully observe and perform the terms and conditions specified in terms
of the above then the above written undertaking shall be void, otherwise the same shall
remain in full force.
The tenderer undertakes not to revoke this guarantee till contract is completed under the
terms of contract.
The expression, tenderer and “TANGEDCO” hereinbefore used shall include their
respective successors and assigns in office.
IN WITNESS WHEREOF THIRU . For and on behalf of the
tenderer has signed this Undertaking on the day, the month and year first above written in
the presence of

SIGNATURE
In the presence of witnesses.
1.

2.
ANNEXURE-II

DECLARATION TOWARDS EPF & ESI REMITTANCES

Name of the Contractor: :


EPF Main code Number: :
ESI Main code Number: :
Nature of the work: :
Contract / K2 agreement No :

1. I/We hereby state that (Name of the contractor) has been duly registered under
EPF Act and ESI Act vide main code number _____________ and __________
respectively.
2. I/We hereby declare that the EPF & ESI employee and employer contribution has
been remitted for all the workers engaged for execution of the subject contract
entered with TANGEDCO.
3. I/We hereby certify that there are no EPF & ESI dues to be remitted in respect of
the period of execution of the subject contract and in case, any shortfall of
discharging the EPF & ESI obligations is found on our part (contractor) at later
date, TANGEDCO shall not be responsible for the consequent legal/financial
obligations.
4. In the event of EPF & ESI obligations are found on our part (contractor) in respect
of subject contract, the same will be duly discharged by me/us to the respective
authorities.

Authorized Signatory of the Contractor


(With name, designation, seal and company seal)
Date:
Place:
ANNEXURE-III

DECLARATION

SPECIFICATION NO: CE / MTPS I / SE/CIVIL/MTPS I/SPN NO. 87/2023 -2024.

TO

The Superintending Engineer/civil,


Mettur Thermal Power Station-I,
Mettur Dam - 636406.

Dear Madam,

1) Having examined the above specification together with the accompany schedules etc.,
we hereby offer & accept to undertake the work along with materials if any, covered in this
specification, at the rates entered in the attached schedule of prices.

2) We hereby guarantee the particulars entered in the schedules attached to the


specification.

3) In accordance with Security Deposit clause of the specification, we agree to furnish


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

4) We hereby declare that we have registered with PMRPY Scheme with EPFO to avail the
benefits and employer contribution in respect of EPF will be availed from PMRPY or it would
be borne by us.

5) We will deploy 20 or more workmen on a day of emergency (or) in necessity

6) Our company is not black listed by government or public sector undertaking

Yours faithfully,

PLACE : SIGNATURE :

DATE : DESIGNATION :

COMPANY SEAL: COMPANY :


ANNEXURE IV
UNDERTAKING
Nature of the work :

Order No :

1) I/we hereby state that, the EPF & ESI employee and employer contribution has
been remitted for all the workers engaged for execution of the respective contracts.

2) I/we hereby state that, there are no EPF & ESI dues to be remitted in respect of
the period of execution of the respective contracts, and in case, if there is any shortfall of
discharging the EPF & ESI obligations on our part (contractor) at later date,
TANGEDCO/TANTRANSCO shall not be responsible for the consequent Legal/Financial
obligations.

Date :

Place :
Authorised Signatory
(Contractor)
With Seal
ANNEXURE V

INDEMNITY BOND

The contractor shall indemnify TAMIL NADU GENERATION AND DISTRIBUTION


CORPORATION LTD as per the proforma below:-
Agreement Number:
Nameof work: I………………………………………………………………………………………………….
Contractor(s)........................………………………………………………………………………………………
…………………………………(Address) do hereby indemnify the TAMIL NADU GENERATION AND
DISTRIBUTION CORPORATION LTD against any item for damages or injury to persons or
property resulting from any accidents and where provisions of workmen compensation Act
can apply and take steps to properly insure against any claims there under. The value of
non-judicial stamp paper in Rs.80/- (Rupees eighty only) for executing the Indemnity Bond.
Date :

Place : Authorised Signatory

(Contractor) With Seal


SECTION-I
GENERAL CONDITIONS (STATUTORY COMPLIANCES)
SPECIFICATION NO: CE / MTPS I / SE / CIVIL / MTPS-I / SPN NO 87 / 2023 – 24

1) The Contractor shall employ labour in sufficient numbers to maintain the


required rate of progress and of quality to ensure workmanship of the degree specified in
the Contract and to the satisfaction of the Engineer-in-Charge. The Contractor shall not
employ in connection with the Works any person who has not completed his eighteen years
of age.

2) The Contractor shall pay to labour employed by him either directly or through
digital transfer. The wages should not be less than the current PWD Schedule rates (or)
Minimum Wages Act (if applicable).
3) The Contractor shall in respect of labour employed by him comply with or cause
to be complied with the Contract Labour Regulations in regard to all matters provided there
in.
4) The Contractor shall comply with the provisions of the payment of Wages Act,
1936, Minimum Wages Act, 1948, Employers' Liability Act, 1938, Workmen's
Compensation Act, 1923, Industrial Disputes Act, 1947, Maternity Benefit Act, 1961,
Employees Provident Fund & Miscellaneous Provisions Act( 1952, Employees State Insurance
Act, 1948, Payment of Bonus Act, 1965 and MinesAct,1952, Contract Labour Regulation &
Abolition Act, 1970 or any modifications thereof or any other law relating thereto and
rules made there under from time to time.
5) The Engineer-in-Charge shall on a report having been made by an
Inspecting Officer as defined in the Contractors Labour Regulations have the power to
deduct from the money due to the Contractor any sum required or estimated to be
required for making good the loss suffered by a worker or workers by reason of non-
fulfillment of the Conditions of the Contract for the benefit of workers, non-payment of
wages or of deductions made from his or their wages which are not justified by the terms
of the Contract or non-observance of the said Contract Labour Regulations.
6) The Contractor shall indemnify the Corporation against any payment to
be made under and for observance of the Regulations aforesaid without prejudice
to his right to claim indemnity from his sub- contractors. (if permitted)

7) In the event of the Contractor committing a default or breach of any of the


provisions of the aforesaid Contract Labour Regulations as amended from time to
time or furnishing any information or submitting or filling any Form/
Register/Slip under the provisions of these Regulations which is materially incorrect
then on the Report of the Inspecting Officers as defined in the Contractors Labour
Regulations the Contractor shall without prejudice to any other liability pay to the
Corporation a sum not exceeding Rs. 50.00 as liquidated damages for every default,
breach or furnishing, making, submitting, filling materially incorrect statement as
may be fixed by the Engineer-in-Charge and in the event of the Contractor's default
continuing in this respect, the liquidated damages may be enhanced to Rs. 50.00 per
day for each day of default subject to a maximum of ten percent of the estimated
cost of the Works put to tender. The Engineer-in-Charge shall deduct such amount
from bills or security deposit of the Contractor and credit the same to the Welfare
Fund constituted under Regulations. The decision of the Engineer-in-Charge in this
respect shall be final and binding.

1.0 CONTRACT LABOUR REGULATIONS:

(i) Notice of commencement: The Contractor shall, within SEVEN days of commencement of
the work, furnish in writing to the Inspecting Officer of the area concerned the following
information.
(a) Name and situation of the work.
(b) Contractor's name and address
(c) Particulars of the Department for which t h e work is undertaken,
(d) Name and address of sub-contractors as and when they are appointed.
(e) Commencement and probable duration of the work.
(f) Number of workers employed and likely to be employed.
(g) 'fair wages' for different categories of workers.
(h) Number of hours of work which shall constitute a normal working
day:-
(i) The number of hours which shall constitute a normal working day for an adult
shall be NINE hours. The working day of an adult worker shall be so arranged that inclusive
of intervals, if any, for rest it shall not spread over more than twelve hours on any day,
when an adult worker is made to work for more than NINE hours on any day or for more
than FORTYEIGHT hours in any week he shall, in respect of overtime work, be paid wages
at double the ordinary rate of wages.
(ii) Weekly day of rest: Every worker shall be given a weekly day of rest which
shall be fixed and notified at least TEN days in advance. A worker shall not be required or
allowed to work on the weekly rest day unless he has or will have a substituted rest day, on
one of the five days immediately before or after the rest day. Provided that no
substitution shall be made which will result in the worker working for more than ten days
consecutively without a rest day for a whole day.
(a) Where in accordance with the foregoing provisions a worker works on the
rest day and has been given a substituted rest day he shall be paid wages for the work
done on the weekly rest day at the overtime rate of wages.
(b) Note: The expression 'ordinary rate of wages' means the fair wage the worker
is entitled to.
(c) Display of notice regarding Wages, Weekly Day of Rest etc. The Contractor
shall before he commences his work on contract, display and correctly maintain and
continue to display and correctly maintain in a clean and legible condition in conspicuous
places on the works, notice in English and in the local Indian Language, spoken by
majority of workers, giving the rate of fair wages, the hours of work for which such
wages are payable, the weekly rest days workers are entitled to and name and address
of the Inspecting Officer. The Contractor shall send a copy each of such notices to the
Inspecting Officers.
(iii) Register of Workmen: A register of workmen shall be maintained in the Form
appended to these regulations and kept at the work site or as near to it as possible, and
the relevant particulars of every workman shall be entered therein within THREE days of
his employment.
(iv) Employment Card: The contractor shall issue an employment c a r d in the
Form appended to these regulations to each worker on the day of work or entry into
his employment. If a worker already has any such card with him issued by the
previous employer, the contractor shall merely endorse that Employment Card with
relevant entries. On termination o f employment the Employment Card shall again be
endorsed by the Contractor and returned to the worker.
(v) Register of Wages etc.: A Register of Wages-Cum-Muster Roll in the
Form appended to these regulations shall be maintained and kept at the work site
or as near to it as possible.
(vi) Fines and deductions : Wages of a worker shall be paid to him
without any deductions of any kind except the deduction for damage to
or loss of goods expressly entrusted to the employed person for custody, or for
loss of money which he is required to account for, where such damage or loss is
directly attributable to his neglect or default;
(a) No fine shall be imposed on a worker and no deductions for damage or
loss shall be made from his wages until the worker has been given an
opportunity of showing cause against such fines or deductions.
(b) The Contractor shall maintain a register of fines and the register of
deductions for damage or loss in the Forms appended to these regulations
which should be kept at the place of work.
(vii) Register of Accidents : The Contractor shall maintain a register of
accidents in such form as may be convenient at the work place but the same shall
include the following particulars:-
(a) Full particulars of the labourers who met with accident.
(b) Rate of Wages.
(c) Sex.
(d) Age.
(e) EPF UAN number
(f) ESI number
(g) Aadhaar number
(h) Nature of accident and cause of accident.
(i) Time and date of accident.'
(j) Date and time when admitted in hospital.
(k) Date of discharge from the hospital.
(l) Period of treatment and result of treatment.
(m) Percentage of loss of earning capacity and disability as assessed by
Medical Officer.
(n) Claim required to be paid under Workmen's Compensation Act.
(0) Date of payment of compensation.
(p) Amount paid with details of the person to whom the same was paid.
(q) Authority by whom' the compensation was assessed.
(r) Remarks.
[Note: k,l,m,n for the workmen not covered under the ESI
provisions]
(viii) Preservation of Registers: The Register of workmen and the
Register of Wages-cum-Muster Roll required to be maintained under these
Regulations shall be preserved for 3 years after the date on which the last
entry is made therein.
(ix) Enforcement: The Inspecting Officer shall either on his own motion or on
a complaint received by him carry out investigations, and send a report to the
Engineer-in-Charge specifying the amounts representing Workers' dues and
amount of penalty to be imposed on the Contractor for breach of these
Regulations, that have to be recoveredfrom the Contractor, indicating full
details of the recoveries proposed and the reasons there for. It shall
be obligatory on the part of the Engineer-in-Charge on receipt of such a report
to deduct such amounts from payments due to the Contractor.
(x) Disposal of amounts recovered from the Contractor: The Engineer- in-
Charge shall arrange payment to workers concerned within FORTY FIVE
days from receipt of a report from the Inspecting Officer except in cases
where the Contractor had made an appeal under Regulation 16 of these
Regulations. In cases where there is an appeal, payment of workers dues
would be arranged by the Engineer-in-Charge, wherever such payments arise,
within THIRTY days from the date of receipt of the decision of the
competent authority.
(xi) Welfare Fund: All moneys that are recovered by the Engineer-in-
Charge by way of workers dues which could not be disbursed to workers
within the time limit prescribed above, due to reasons such as whereabouts of
workers not being known, death of a worker etc. and also amounts recovered as
penalty, shall be credited to a Fund to be kept under the custody of the
Corporation for such benefit and welfare of workmen employed by Contractors.
(xii) Appeal against decision of Inspecting Officer : Any person
aggrieved by a decision of the Inspecting Officer may appeal against
such decision to the competent authority concerned within THIRTY days time
stipulated from the date of the decision, forwarding simultaneously a
copy of his appeal to the Engineer-in- Charge. The decision of the competent
authority shall be final and binding upon the Contractor and the workmen.
(xiii) Inspection of Books and other Documents: The Contractor shall allow
inspection of the Registers and other documents prescribed under these
Regulations by Inspecting Officers and the Engineer-in- Charge or his authorized
representative at any time and by the worker or his agent on receipt of due
notice at a convenient time.
(xiv) Interpretation, etc.: On any question as to the application
interpretation or effect of these Regulations, the decision of the Commissioner
of Labour (or) Director Industrial Safety and Health shall be final and binding.
(xv) Amendments: Government may, from time to time, add to or
amend these Regulation and issue such directions as it may consider
necessary for the proper implementation of these Regulations or for the
purpose of removing any difficulty which may arise in the administration thereof.

2.0 Compliance o f EPF & MP Act, 1952:


(a) The Contractor who take up works contract for TANGEDCO /
TANTRANSCO is required to comply with all the relevant provisions
stipulated in the EPF& MP Act;
(b) The Contractor should have a separate EPF main code number.
(c) The Contractor should be responsible for the payment of necessary
EPF contributions both Employer's and Employee's contribution as per the
provisions of the EPF Act in respect of the actual workers engaged for the
specified works.
(d) The contractor should submit necessary returns to EPF
Organization within the stipulated time as required under the said EPF& MP Act.
(e) The Contractor should produce the proof of payment of
contribution - both Employer's and Employee's contributions made to EPF
Organization in order to claim the Bills for the respective works and EPF will not
be reimbursed
(f) The contractor should be fully liable to meet and fulfill all the relevant provisions
of the EPF act in the respect of the execution of the Tendered work.
(g) In case the Contractor fails to fulfill any of the statutory provisions of the
EPF& MP Act and consequently it happens that TANGEDCO / TANTRANSCO Ltd
has to meet such requirements of the said Act or Statutory provisions in the
capacity of Principal Employer, TANGEDCO/ TANTRANSCO shall make good such
requirements out of the money due and payable to the said Contractor and further
the performance of the said Contractor in this regard will be noted for all future
Contracts of TANGEDCO/ TANTRANSCO.
1.1 In respect of the category of employee for whom the wages are fixed at the rate
of Rs.500/- and above in the current PWD Schedule rates (or) say the monthly
wages of Rs.15,000/- above. The EPF employer contribution will be restricted
upto Rs.15,000/-- only.

3.0 Compliance of ESI Act 1948 :


(a) The contractor who take up the works contract for TANGEDCO &
TANTRANSCO is required to comply with all the provisions stipulated to ESI Act
1948.
(b) The contractor should have a separate ESI main code number.
(c) The contractor should be responsible for the payment of necessary ESI
contributions - both Employer's and Employee's contributions as per the provisions
of the ESI Act in respect of the actual workers engaged for the specified works.
(d) The contractor should submit necessary returns to the ESI Organization within
the stipulated time as required under the said ESI Act.
(e) The contractor should produce the proof of payment of contributions -
both Employer's and Employee's contributions made to ESI Organization in order to
claim the Bills for the respective work and ESI will not be reimbursed
(f) The contractor should be fully liable to meet and fulfill all the relevant provisions
of the ESI Act in respect of the execution of the Tendered work.
(g) In case the Contractor fails to fulfill any of the statutory provisions of the ESI
Act and consequently it happens that TANGEDCO& TANTRANSCO has to meet such
requirements of the said Act or Statutory provisions in the capacity of
Principal Employer, TANGEDCO & TANTRANSCO shall make good such
requirements out of money due and payable to the said Contractor and further
the performance of the said Contractor in this regard will be noted for all future
Contracts of TANGEDCO& TANTRANSCO.
(h) (i) The contractor who claims exemption under the ESI Act should produce
the exemption order obtained from the Government/ ESI organization.
(ii) The contractor who claims exemption for those areas that are not covered
under the purview of the ESI Act, necessary evidences should be
submitted by the contractor to ensure that the revenue village where
the work is being carried out has not been covered under the implemented
area of ESI.
(iii) The category of employees for whom the wages are fixed at the rate of
Rs. 700/- and above in the PWD Schedule rates (or) the monthly
wages of Rs.21,000/- above. Such employees will not be covered
under the ESI Act. In all such conditions, the Contractor has "to ensure the
medical benefits for the Workers engaged by the Contractors for the
works and has to take relevant group insurance policies with the
applicability for giving compensation to the workers" under the
Employee's Compensation Act.

4.0 The Building and Other construction Workers Act:- (other than
the circle/station registered under the Factories Act)
(a) The contractor should obtain the Registration certificate under the Building
and Other construction Workers (Regulation of Employment and Condition of
Service) Act, 1996 from the Competent Authority (the Joint Director/Industrial
Safety and Health (BOCW)).
(b) The contractor should comply all the provisions of the Building and Other
construction Workers (Regulation of Employment and Condition of Service)
Act, 1996.
5.0 The Contract Labour (Regulation & Abolition) Act 1970 & Rules
1975 and Inter-State Migrant Workmen (Regulation of
Employment and Conditions of Service) Act, 1979 & Rules 1983.
(a) The Contractor who take up works contract for TANGEDCO/
TANTRANSCO should deploy sufficient number of workmen for the work and the
contractor should deploy 20 or more workmen on a day of emergency (or) in
necessity.
(b) The Contractors should comply with all the provisions of the Contract
Labour (Regulation & Abolition) Act, 1970 and Tamilnadu Contract Labour (Regulation
& Abolition) Rules 1975 as modified from time to time and shall also indemnify
TANGEDCO/TANTRANSCO from all and against any claims under the aforesaid Act
and the Rules. The contractors should also submit the copy of the labour licence
before executing the works.
(c) The Contractors who desires to engage the migrant workmen
(workmen from other states) for the works contracts of
TANGEDCO/TANTRANSCO is required to comply with all the provisions of the Inter- State
Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and
Tamilnadu rules, 1983 as modified from time to time and shall also indemnify
TANGEDCO/TANTRANSCO from all and against any claims under the aforesaid Act
and the Rules The contractors should also submit the copy of the migrant labour
license before executing the works.
(d) The contractors should maintain the following records as per section
78 of Contract Labour (Regulation & Abolition) central rules 1971.
(i) Muster Roll in Form - XVI.
(ii) Register of Wages in Form - XVII.
(iii) Register of overtime in Form - XVIII.
(iv) The contractor shall issue an photo identity card to his employees

6.0 Wages:-
(a) The Wages prescribed for the contractor/ industry/
establishment as per rates of Minimum Wages notified by the Government of
Tamilnadu under the Minimum Wages Act,1948 or the current PWD rates of
wages, whichever is higher is to be paid by the contractor to their employees.
(b) The contractor should pay the wages before the expiry of seventh day
as per section 65 and shall issue wage slip in Form - XXVIII to the workmen
as per section 78(b) of The Tamil Nadu Contract Labour Rules, 1973. The
copies of the wage slip so issued to the workmen should be maintained by the
contractor and produced as when called for.

7.0 EPF Documents to be Produced for Claiming Bills:-


(a) The EPF contribution should be remitted separately (by separate Challan) for
each and every work. The acceptance order/ formal order reference number should
be entered in the remarks column of the ECR Challan (Electronic Challan Cum
Return) and the same should be submitted.
(b) The payment confirmation receipt should be submitted (the payment confirmation
date is mandatory)
(c) The combined Challan of Account No. 1,2,10,21 & 22 should be submitted.
(d) All the documents should duly signed with seal by the contractor.

8.0 ESI Documents for While Claiming Bills:-


(a) The Monthly Contribution Challan Form should be submitted (Transaction status
field - completed successfully is mandatory).
(b) The contribution history of the respective months should be submitted.
(c) The month wise statement should be submitted showing the details of the
employees utilized by the contractors for the specific work and the contribution
remitted as per the below format.
S.No IP No IP Name No of Days Wages IP
Contributions
(d)All the documents should duly signed with seal by the contractor.

9.0 Statutory Compliance Clearance Certificate.


In TANGEDCO/TANTRANSCO from 01.01.2021, the digital based Statutory
Compliance Services Audit/Contract Complaince Audit through Online platform
has been integrated with the online bill processing system. The Contractor has to obtain
the Statutory Compliance clearance certification for the work contracts from the online
Complaince service providers and the required documents should be submitted through
Online by the respective Contractors. Such applications for the statutory clearance
certificate will be allocated to one of the service provider, in the panel, in an automatic
digital rotation method. The charges for such clearance certificate will be at the rate of
Rs.2.50/- per man day/per month with minimum charges of Rs. 500/- and maximum
charges of Rs.4000/-. And Rs. 300/- for re-audit due to reasons attributable to the
contractor. The Charges should be paid by the respective contractors to the service
provider through Online.
All the contract bills which consist of the work portion will be processed only after
the Statutory Compliance clearance certificate of the Online Compliance Service providers.

10.0 Tamil Nadu Rationalization of Forms and Reports under Certain Labour
Laws Rules, 2020.
The contractor should comply/ maintain the applicable new combined forms
introduced vide the following Acts/ Rules.
(a) The Tamil Nadu Contract Labour (Regulation and Abolition) Rules, 1975.
(b) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of
Service) (Tamil Nadu) Rules, 1983.
(c) The Tamil Nadu Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Rules, 2006.
New Forms:
FORM I Certificate of Registration of Principal Employer/
Employer (under 3 Rules)
FORM II Application for License/Renewal of License (under CLRA and ISMW Rules)

FORM III Form of Certificate by Principal Employer (under CLRA and ISMW Rules)
FORM IV Certificate of Initial and Periodical Test and Examination of Various
Appliances (under BOCW Rules)
FORM V Application for Adjustment of Security Deposit (under CLRA and ISMW
Rules)
FORM VI License and Renewal (under CLRA and ISMW Rules)
FORM Notice of commencement/ completion of work (under CLRA and BOCW
VII Rules)
FORM Service Certificate (under 3 Rules)
VIII
FORM IX Certificate of Medical Examination (under BOCW Rules)
FORM X Report on recruitment and employment of workmen and cessation of
employment of workmen (under ISMW Rules) migrant

FORM XI Report of Poisoning or Occupational Notifiable Diseases/


Accidents and Dangerous Occurrences (under BOCW Rules)
FORM Application for Registration of Establishments Employing
XII Contract Labour or Migrant Workmen or Building Workers (under 3 Rules)

11.0 Agreement and Undertaking to be furnished by the contractors


in respect of the Statutory Provisions:-

(a) An undertaking as specified in Annexure-IV should also be obtained from the


contractors to ensure the remittance of EPF& ESI, Employee and Employer
contribution for the respective works while claiming the bills.
(b) The TNEB (TANGEDCO/ TANTRANSCO) registered contractor, who wants to
execute the works in a circle shall be instructed to execute an agreement
[Annexure-V] with respective Superintending Engineer's of the circle.

12.0 SAFETY CONDITION:-


(i) All the relevant personal protective equipments like safety helmets, safety
shoes, safety belt, belt rope, rubber gloves, earth rod, fall net etc., should be
supplied by the contractors to their workmen and ensure for proper usage by
their workers without fail. The earth rod should be checked periodically to ensure
that tightness of bolts of the copper plates and to ensure it is free of corrosion.
(ii) Proper good and sound hand tools, power tools such as grinding
machines, cutting machines, chipping tools, scaffolding materials, etc., should be
used. Proper earthing to be provided wherever necessary.
(iii) The contractor shall not allow his workmen to wear loose garments, like
lingoes, dhotis, watches, loose jewels and bangles, etc., while at work and smoke
cigarettes, beedies etc., inside the office or in the works spot.
(iv) The contractor shall ensure that his workmen to wear tight full or half pant while
at work inside the office or in the works spot.
(v) Technically skilled and also safety oriented supervisor should supervise the work at all
time.
(vi) If any accident occurs, it should be informed to the concerned officer of TANGEDCO in
writing by the concerned contractors immediately.
(vii) For any safety violatin and non compliance of the statutory provisions and rules
the contractor is sole responsible and the contractor is liable for any prosecution and
imposition of penalty as per the rules in force
a) All practical steps shall be taken to prevent danger to persons employed, from
risk or fire or explosion, or flooding or electrocution.
All necessary personal safety equipment as considered adequate by the Engineer-
in-Charge shall be available for use of persons employed on the Site and maintained
in a condition suitable for immediate use and the Contractor shall take adequate steps
to ensure proper use of equipment by the workmen
(viii) Use of hoisting machines and tackle including their attachments, anchorage and
supports shall conform to the following :-
(a) These shall be of good mechanical construction, sound material and adequate
strength and free from patent defects and shall be kept in good working order and
properly maintained.
(b) Every rope used in hoisting or lowering materials or as a means of
suspension shall be of durable quality and adequate strength, and free from patent defects.
(ix) The Contractor shall at his own expense arrange for the safety provisions as
appended to these conditions or as required by the Engineer-in-Charge, in respect of all
labour directly employed for performance of the works and shall provide all facilities
in connection therewith. In case the Contractor fails to make arrangements and
provide necessary facilities as aforesaid, the Engineer-in-Charge shall be entitled to do so
and recover the cost thereof from the Contractor.
(x) Failure to comply with Safety Code shall make the Contractor liable to pay to the
Corporation as liquidated damages an amount not exceeding Rs. 50.00 for each default
or materially incorrect statement. The decision of the Engineer-in-Chargein such matters
based on reports from the Inspecting Officers as defined in the Contract Labour
Regulations appended to these conditions shall be final and binding and deductions for
recovery of such liquidated
(a) All scaffolds, ladders and other safety devices mentioned or described herein shall be
maintained in a safe condition and no scaffold, ladder or equipment shall be altered or
removed while it is in use. Adequate washing facilities shall be provided at or near
places of work.
(b) These safety provisions shall be brought to the notice of all concerned by display on
a notice board at a prominent place at the work spot. Persons responsible for
ensuring compliance with the Safety Code shall be named therein by the Contractor.
(c) To ensure effective enforcement of the rules and regulations relating to safety
precautions, arrangements made by the Contractor shall be open to inspection by the
Engineer-in- Charge or his representatives and the Inspecting Officers as defined in the
Acts/Rules applicable.
(d) The Contractor is not exempted from the operation of any other Act or Rule in force.

SE / CIVIL / MTPS I

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