एसजे˝वएन ल मटेड sjvn...

Registered & Corporate Office

Himfed Building, New Shimla, Shimla (HP) PIN-171009, Tel: 0177-2670064,490,521,741 Fax: 0177-2670542

Liaison/Co-ordination Office

SJVN, IRCON Building, Ground Floor, Saket New Delhi. PIN-110017, TELE: 011- 41659210/17 FAX: 011- 41659204/14

No. SJVN/P&C/PCD-NJHPS-604(O&M)/2016- Dated: NOTICE INVITING TENDER

The open tender enquiry through e-tendering under one part bid system is herewith invited for the following: -

Note: 1. The detailed NIT without schedules shall be available at www.sjvn.nic.in,

www.eprocure.gov.in & www.tenders.gov.in w.e.f. 13/07/2016. 2. The detailed NIT along with schedules shall be made available at

https://sjvn.abcprocure.com w.e.f.13/07/2016. 3. The bid to be submitted electronically at https://sjvn.abcprocure.com.

कृते एसजेवीएन �ल�मटेड

व�र�ठ �बंधक

�ापण एवं सं�वदा �वभाग,

एनजेएचपीएस, एसजेवीएन �ल�मटेड,

झाकड़ी ($ह. �.)-172201

एसजे�वएन �ल�मटेड (SJVN Limited) (भारत सरकार एवं $हमाचल �देश सरकार का एक संयु+त उप-म)

एक �मनी र.ना और से0यूल- A कंपनी (A Mini Ratna and Schedule A Company)

(6X250MW नाथपा झाकड़ी जल�व4युत 5टेशन)

�ापण एवं सं�वदा �वभाग झाकड़ी. िजला �शमला. $ह.�. 172201

फ़ोन : 01782-275236,275459,275106, फै+स न. 01782-275106,234049, http://www.sjvn.nic.in, e-mail: [email protected]

$टन न. (TIN No.) 02011000291

�सन ्न. (CIN No.) L40101HP1988GOI008409

Description of Work Earnest Money

(In ₹)

Last Date & Time of Submission of filled in bids and Opening

Providing 4 Mbps Internet Lease line (3Mbps + 1 Mbps) via RF Link at NJHPS, SJVN Ltd. Nathpa.

9,400/- (Rupees Nine Thousand Four Hundred only)

� Last Date & Time for availability/downloading of Bid Documents is up to 02/08/2016 at 12:00 Hrs

� Last Date & Time for submission of Bid Documents is up to 03/08/2016 at 13:00 Hrs.

� Bid opening date on 03/08/2016 at 14:00 Hrs.

1 PCD-NJHPS-604

Registered &

Corporate

Office

Himfed Building, New Shimla, Shimla (HP)

PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office

SJVN, IRCON Building, Ground Floor, Saket New

Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

INSTRUCTIONS TO BIDDERS (ITB)

The bids are invited using e-tendering mode, so please read the instructions carefully and upload the filled in bids as per requirement of bid documents. 1.0 General Instructions 1.1 The SJVN Limited, hereinafter called "SJVN" / "Owner" is a Joint Venture of Govt. of

India and Govt. of Himachal Pradesh having its registered office at Himfed Building, New Shimla - 171 009, have their Nathpa Jhakri Hydroelectric Power Plant with a capacity of 6x250 MW at Nathpa (Distt. Kinnaur) and Jhakri (Distt. Shimla) in the State of Himachal Pradesh, India.

1.2 SJVN has issued an invitation to bid as enclosed and will receive bids as set forth in

the accompanying Bid documents. 1.3 Bids cannot be uploaded after the time & date fixed for receipt of bids as set out in

the Invitation of Bid. 1.4 SJVN reserves the right to accept or reject any or all Bids without assigning any

reason for such a decision. 1.5 All the cost and expenses incidental to preparation of the proposals, discussions and

conferences, if any, including pre-award discussions with the Bidder, technical and other presentation including any demonstrations etc. shall be to the account of the Bidder and Owner shall bear no liability whatsoever on such costs and expenses.

1.6 The bid documents can be downloaded by bidders up to 02/08/2016 at 1200 hrs.

The complete filled in bids and necessary scanned documents shall be uploaded at the mentioned address up to 03/08/2016 at 1300 hrs. The bids cannot be uploaded / submitted later than 03/08/2016 at 1300 hrs. The bid shall be opened on 03/08/2016 at 1400 hrs.

1.7 Please note that bids in physical form shall not be entertained under any circumstances and are only to be submitted through e-tendering at https://sjvn.abcprocure.com. This tender is being processed through e-tendering/e-procurement system. The bid documents are to be downloaded, filled in and submitted through e-tendering system of SJVN Ltd. at https://sjvn.abcprocure.com.

1.8 The bids are to be filled and submitted online. To participate in e-tendering/e-procurement, it is requested to register with our website https:// sjvn.abcprocure.com. Annual Vendor / contract Registration charges in e-tendering portal is ₹ 2600/- plus S.T. plus Swachh Bharat Cess & Krishi Kalyan Cess). The bidder should also have the Digital Signatures for security purpose. The detailed procedure for the registration is as under:- a. Go to the url:- https://sjvn.abcprocure.com In the home page click on

vender Registration. b. Click on “New Bidder’s Registration” link available on home page.

2 PCD-NJHPS-604

Registered &

Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

c. You need to furnish individual details as well as of company details in registration form.

d. After filling all mandatory fields, you need to click on “submit” button to complete the registration process.

e. On successful completion of registration you will prompted a message saying that “ You have successfully registered on (SJVN Limited)’s e-Procurement Portal”

For Registration enquiry and to activate User ID please call abcprocure Help Desk Centre +91-79-40016865 / 37 / 02 / 85 / 79 / 91 / 23 / 52 e-Mail ID [email protected] and [email protected] .

1.9 All the bidders are requested to get themselves registered well in advance to

facilitate timely submission of the bid. In case bidders wait till last moment for uploading the bids and if any technical problem is encountered at that time, the bid closing date & time may elapse.

1.10 DIGITAL SIGNATURES: The bidder should also have the Digital Signatures (Class

IIA or higher, signing plus encryption both) which are mandatory for security purpose. The digital signatures can be obtained from any of the authorized agencies in India as per IT Act.2000. Valid Digital Certificate must be installed in a computer system from where you want to login on website. Perform the below steps to confirm whether valid digital certificate is available on your computer system or not. Steps:

· Open Internet Explorer.

· Select Tools menu from menu bar. OR (Press Alt + T on your keyboard).

· Click on Internet Options >>Content >>Certificate button. The bidder should view your digital certificate under “Personal” heading Requirement of Digital Signature Certificate

· Please enable ActiveX Controls & Plug-ins. (Tools->Internet Options-> Security- >Custom Level)

Active-X controls need to be enabled in your Internet browser. In order to ensure this, please do the following:

a. In Menu Bar ---Click on Tools - Internet Options – Security – Click on Trusted Sites Icon – Click on Sites button. Add 2 Website in Trusted Sites……

1. https://sjvn.abcprocure.com &

2. https://www.tpsl-india.in After that, click on

Tools menu of Internet explorer - Internet Options – Security – Click on Internet Icon. After Click on Custom Level button – From below ActiveX controls and plug-ins ---- Select below 5 Items to be enabled

3 PCD-NJHPS-604

Registered &

Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

1) Download signed ActiveX controls –select Prompt or Enable 2) Download unsigned ActiveX controls – select Prompt or Enable 3) Initialize and script ActiveX controls not marked as safe for scripting – select

Prompt or Enable 4) Run ActiveX controls and plug-ins-select Enable 5) Script ActiveX controls marked safe for scripting – select Enable After completed this above selection----Below option has available---Reset custom settings---Reset To: Select low or medium ---Click on OK. Also, please check your system Date & Time it should be set as current date & time.

· In case of Digital Certificate based Login, user need to download & install "Signer" file available under Download Section at https://sjvn.abcprocure.com.

· Download & Install "Intermediary Certificate" available under Download Section at https://sjvn.abcprocure.com.

· Please disable or uninstall Third Party Toolbar / Add-ons from Browser.

1.11 The contract & procurement process through e-tendering/e-procurement system is in process at NJHPS, SJVN Jhakri and hence this tender is to be processed through e-tendering/e-procurement system. The bids are to be filled and submitted online. To participate in e-tendering/e-procurement, it is requested to register with our website https//:sjvn.abcprocure.com. The one year cost of registration on web site is Rs 2990/- (Rs 2600/- plus service tax @ 15 % including Swachh Bharat Cess & Krishi Kalyan Cess) is payable directly to M/s e-Procurement Technologies Ltd. The bidder should also have the Digital Signatures for security purpose. The detailed procedure for the registration is as under:-

a. Go to the url: - https://sjvn.abcprocure.com In the home page click on vender Registration.

b. Click on “New Bidder’s Registration” link available on home page. c. You need to furnish individual details as well as of company details in

registration form. d. After filling all mandatory fields, you need to click on “submit” button to

complete the registration process. e. After submission of the form, the user id and password are generated in the

form of Acknowledgement. f. The payment of annual registration fee amounting to Rs.2990/- is to be made

through DD. g. The User ID will be activated after DD is received. Send the

Acknowledgement copy and uploaded document to below mentioned e-Mail ID. For Registration enquiry and to activate User ID please call abcprocure Help Desk Centre +91-79-40016865 / 37 / 02 / 85 / 79 / 91 / 23 / 52 e-Mail ID [email protected] and [email protected].

1.12 All the bidders are requested to get themselves registered well in advance to facilitate timely submission of the bid. In case bidders wait till last moment for uploading the bids and if any technical problem is encountered at that time, the bid closing date & time may elapse.

4 PCD-NJHPS-604

Registered &

Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

1.13 Downloading Bid Documents: Bidder to access e-Tender portal of SJVN (http://sjvn.abcprocure.com) to access NIT document, after completing registration formality and successful login vendor need to process for Tender Fee / Document Fee (if any) and after that bidder can download detailed tender document. “Download Document” link is available at the end of every tender notice along with access to “Corrigendum”.

1.14 Bid Submission:

(i) Bidder needs to login first on the tendering portal of SJVN (i.e. https://sjvn.abcprocure.com).

(ii) Search tender by filling necessary searching criteria after Login. (iii) After finding the tender on the screen, click on the “Dashboard”. (iv) Click on “Declaration” and then click on “I Agree”. (v) Click on the “Tender Fees” (if any) & Pay the tender fees online. (vi) Click on the “EMD” & Pay the EMD online. (vii) Click on “Prepare Bid” and fill necessary Forms (Schedules). (viii) After filling Price Bid Form click on “Final Encrypt”. (ix) After filling all Forms & final Encryption of Price Bid click on “Final

Submission”. (x) After Final Submission bidder will get receipt of Final Submission of their Bid.

1.15 The link “help manual” and “vendor help” for submission of bids is also available on the website. For any assistance/ clarification for e–tendering registration, submission of bid through e-tendering/ procurement , bidder may contact the following persons/ representatives of M/s abcProcure:- (i) Mr. Safal Pandya, M- 91-909 900 7386, Phone: +91-79-40016816, e-mail:

[email protected]. (ii) Mr. Satya narayan Behera | Sr. Executive, M- 09558167782. Phone: +91-79-

40016 802 | 879 | 800. E-mail: [email protected], [email protected]

(iii) Mr. Rakesh Panwar-M- 80913-81583, e-Mail: [email protected]

(iv) - Mr. Vismay Jagad -Ph- 07940016867, e-Mail: [email protected]

(v) - Mr. Pankesh Kumar-Ph- 079-4001 6837, e-Mail: [email protected]

(vi) - Mr. Pradip Parmar-Ph-079-4001 6865 e-Mail:

[email protected] (vii) Link”Contact us” available on the home page of

https://sjvn.abcprocure.com

The above persons are to be contacted for help/ assistance related to e–tendering registration, submission of bid through e-tendering only.

For any other clarifications regarding the tender bidder may contact the following persons/ representatives of M/s SJVN:- (i) Sh. Rajeev Kapoor: Telephone No. 01782-275459 (E-mail ID :

[email protected]) (ii) Sh. Ajay Kumar: Mobile No. 09418014928 (E-mail ID : [email protected]) (iii) Sh. Devender Kumar: Mobile No. 09418001243 (E-mail ID :

[email protected])

5 PCD-NJHPS-604

Registered &

Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

2.0 Plant Information The 1500 MW Nathpa Jhakri Hydroelectric Power Plant is located between Nathpa (Distt. Kinnaur) and Jhakri (Distt. Shimla) in the State of Himachal Pradesh.

3.0 Communication and Transport Limitation

The Plant Site is located in the interior of Himachal Pradesh. The dam is located on the Sutlej River near village Nathpa in District Kinnaur. The underground power house is located near village Jhakri in District Shimla. Jhakri is ahead of Shimla, the capital of the State of Himachal Pradesh about 150Km on NH-21. The rail head (broad gauge) is at Kalka (NR). Kalka is about 235 Km (Approx.) from Jhakri.

Approximate Distance from Kalka

To Mumbai

To Kolkata

To Chennai

(i) By Rail 1906 1809 2558

(ii) By Road 1753 1791 2482

The distance from Kalka to Delhi by road is 285 Km (approx.). From the Kalka rail head, the Project is approachable by the following roads/routes:-

(i) Kalka - Dharampur - Solan - Shimla - Narkanda - Rampur – Jhakri- Nathpa (NH -22).

: 285 Km (Approx.)

(ii) Kalka - Dharampur - Solan - Shimla - Dhalli - Basantpur - Rampur – Jhakri-Nathpa.

: 302 Km (Approx.)

(iii) Kalka - Dharampur - Sabathu - Arki - Shalaghat - Dhami - Basantpur - Rampur – Jhakri-Nathpa.

: 387 Km (Approx.)

Transport Limitation

The transport limitation by road from Kalka to the Plant Site at Jhakri would be the governing factor in respect of the permissible package size and weight. Bidder should consider all factors as can be envisaged for transportation of equipment to avoid and overcome the hindrances/ limitations on existing road on account of weather conditions and any other reasons without affecting the schedule .

4.0 Minimum Qualifying Requirement: NIL. 5.0 Scope of Work/Proposal

5.1 The Scope of work includes “Providing 4 Mbps Internet Lease line (3Mbps + 1

Mbps) via RF Link at NJHPS, SJVN Ltd. Nathpa” as per detailed enclosed at Annexure-A.

6.0 Quality Assurance Programme

As per scope of work/relevant standard.

6 PCD-NJHPS-604

Registered &

Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

7.0 Cost of Bidding

The Bidder shall bear all costs associated with the preparation and submission of its bid, and the Owner will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

8.0 The Bidder is expected to examine all instruction, forms, terms, specifications, and

other information in the bidding documents. Failure to furnish all information required by the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at the Bidder's risk and may result in rejection of its bid.

9.0 Amendment of Bidding Documents 9.1 At any time prior to the deadline for submission of bids, the Owner may, for any

reason, whether at its own initiative, or in response to a clarification requested by a prospective Bidder, amend the bidding documents.

9.2 The amendment will be notified in writing or by cable or through website (on

www.sjvn.nic.in, www.eprocure.gov.in, www.tender.gov.in and http://sjvn.abcprocure.com) to all prospective Bidders that have received the bidding documents and will be binding on them. Bidders are required to immediately acknowledge receipt of any such amendment, and it will be assumed that the information contained therein has been taken into account by the Bidder in its bid.

9.3 In order to afford prospective Bidders reasonable time in which to take the

amendment into account in preparing their bid, the Owner may, at its discretion, extend the deadline for the submission of bids.

10.0 Language of Bid

The bid prepared by the Bidder and all correspondence and documents related to

the bid exchanged by the Bidder and the Owner shall be written in English language. Any printed literature furnished by the bidder may also be written in English language.

11.0 Cost of tender documents & Earnest Money deposit (EMD)[online]/FDR/TDR

· Cost of Tender Documents: NIL

· The bidder shall furnish, a bid security/ earnest money as part of the bid amounting

to 9,400/- (Rupees nine thousand four hundred only).

· EMD of the bidder shall be forfeited, if the bidder withdraws or amends its bids or impairs or derogates form the bid in any respect with in the period of validity of the bid. The EMD of the successful bidder shall be retained as contract security until such period the contractor furnishes the required CPG or until supply the complete material. If the contractor fails to fulfill his obligations, the EMD, retained as contract security shall be forfeited.

7 PCD-NJHPS-604

Registered &

Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

· Micro or Small Enterprises (MSE)/NSIC registered firms are exempted from the submission of the “EMD” & “Cost of Tender Documents” and must enclose (Upload scanned copy of the MSE/ NSIC certificate) for the same products as in NIQ above. If the MSE/ NSIC certificate does not contain the item/work as listed in our NIQ and no EMD is found enclosed, then SJVN may ask the bidder to submit the EMD. If the MSE/ NSIC certificate does not contain the item(s)/work(s)/Services as listed in our NIQ/NIT and no EMD is found submitted, then SJVN may ask the bidder to submit the EMD and the same should reach within ten (10) days from the date of SJVN’s notification by E-mail/Fax Letter, otherwise the bid shall not be considered for bid evaluation.

· The “Earnest Money (EMD)” shall be submitted using below mentioned facilities:-

a) Credit Card b) Debit Card c) Net Banking d) NEFT/RTGS

► Credit Card/Debit Card/Net Banking:

· Bidder is required to add https://www.tpsl-india.in website in Trusted Zone as suggested above.

· Bidder needs to feed correct details while making the payment through online payment gateway.

► NEFT/RTGS:

· To make payment through NEFT/RTGS, bidders will get an auto generated e-Mail which contains details of their Unique Bidder Code and when and how to do RTGS/NEFT and details pertaining to it. This information will also be available on screen under heading of “NEFT/RTGS Instruction” once bidder gets login.

· Once bidder deposit amount in Beneficiary account number provided to them, while making payment for document fees and EMD by RTGS/NEFT payment option at the document fees and EMD payment screen, bidder shall be able to view the funds already remitted by him/her through NEFT /RTGS as available. Please proceed to make the payment. Upon doing so, the required amount to be paid through the document fees and EMD, shall get appropriately deducted from the available balance and payment shall be confirmed in real time.

· This facility allows you to transfer lump sum amount to your Bidder ID account number as mentioned above via RTGS / NEFT. Bidder would be able to use the funds as and when require till the time balance is available in Bidder ID. Also, Bidder can transfer more amount as and when he/she require. Kindly note that the payment via RTGS / NEFT is required to be made one working day in advance in order to make it available in your Bidder ID. Hence please ensure that Bidder remit funds at least one day in advance before he/she would like to make the document fees and EMD payment through RTGS / NEFT option on payment gateway.

· Caution: Please ensure that you need to mention the correct beneficiary account number and IFSC code as mentioned above while making payment via RTGS / NEFT. In the event of funds remitted to wrong beneficiary account number, SJVN Limited or its Bank or its service provider would not responsible for the same.

8 PCD-NJHPS-604

Registered &

Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

· In case, the payment of the EMD was made through online payment gateway then the printout of the receipt (Proof) shall also be posted as the details given at the end of this document so as to reach preferably on or before the last date and time of submission of bid.

· Remarks: - The EMD in the form of BG, DDs, outstation / local Cheque, will not be considered.

· FDR/TDR: Please note that EMD (Earnest Money Deposit) / Bid Security in the form of FDR/TDR {Pledged in favour of the NJHPS, SJVN Ltd. Jhakri} is also acceptable and the same in physical form should reach before the last date and time of submission of bid at the address given below:

Sr. Manager (Procurement & Contract Deptt.),

NJHPS, SJVN Limited, Jhakri (H.P.)-172201. The bid shall be rejected if the EMD is not received in physical form on or before closing date.

11.1 The bid securities of unsuccessful bidders will be returned as promptly as possible,

but not later than twenty-eight (28) days after the expiration of the bid validity period. 11.2 The bid security of the successful bidder will be returned when the bidder has

furnished the required performance security. 11.3 No interest shall be payable by the Owner on the above Bid security. 11.4 The bid security may be forfeited

(a) if the Bidder withdraws its bid during the period of bid validity specified by the Bidder in the Bid Form;

(b) if the Bidder does not accept the correction of its Bid Price;

(c) if the Bidder does not withdraw any deviations listed in Deviation Schedule at the cost of withdrawal indicated by him;

(d) if the Bidder refuses to withdraw, without any cost to the Owner, any deviation not listed in Deviation Schedule but found elsewhere in the bid; or

(e) in the case of a successful Bidder, if the Bidder fails within the specified time limit;

(i) To accept the Letter of Award or

(ii) To furnish the required performance security.

(iii) To start activities according to Work Completion Schedule.

12.0 Deviations

No deviations are allowed from the tender terms & conditions

9 PCD-NJHPS-604

Registered &

Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

13.0 Contract Period & Completion Period

The period of contract shall be two years from the date of successful installation, testing & commissioning of the link & same may be extended for further year(s) on same rates, terms & conditions as per discretion of SJVN Ltd. & after the consent from the service provider. The link is to be successfully commissioned within 45 days from the date of issuance of LOA. Completion certificate will be issued by SJVN, after successful installation, testing and commissioning of the link.

14.0 Price Adjustment Data Not applicable being "FIRM" Price Contract. 15.0 Bid Prices

► Unless otherwise specified in the Technical Specifications, Bidders shall quote for the entire supply on a "single responsibility" basis such that the total bid price covers all the supplier's obligations mentioned in or to be reasonably inferred from the bidding documents.

► Bidders are required to quote the price for the commercial, contractual and

technical obligations outlined in the bidding documents.

► Bidders shall give the required details and breakup of their prices as per Schedules specified.

► The Prices quoted by the Bidder shall be FIRM during the performance of the

contract and not subject to variation on any account. A bid submitted with an adjustable price quotation will be treated as non-responsive and rejected.

16.0 Bid Currencies Bidders shall quote all prices in Indian Rupees only. 17.0 Period of Validity of Bid

► Bids shall remain valid for a period of 120 days after the closing date prescribed by the Owner for the receipt of bids. A bid valid for a shorter period shall be rejected by the Owner as being non-responsive.

► In exceptional circumstances, the Owner may solicit the Bidder's consent to an extension of the bid validity period. The request and responses thereto shall be made in writing or by cable/fax. If a Bidder accepts to prolong the period of validity, the bid security shall also be suitably extended. A Bidder may refuse the request without forfeiting its bid security. A Bidder granting the request will not be required nor permitted to modify its bid.

18.0 BID PROPOSAL SHEETS (BPS)

The Bidder shall furnish / complete all the appropriate Schedules / data required as per the bidding documents.

10 PCD-NJHPS-604

Registered &

Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

19.0 FORMAT AND SIGNING OF BID

► The Bid must contain the name, residence and place of business of the person or persons making the Bid and must be digitally signed. The name of all persons signing should also be mentioned at appropriate place.

► Bid by Corporation / Company must be digitally signed with the legal name of the

Corporation / Company by the President, Managing Director, or by the Secretary or other person or persons authorized to bid on behalf of such Corporation / Company in the matter.

► Bidder's name stated on the proposal shall be the exact legal name of the firm. ► All the requisite documents shall be scanned & uploaded along with bid. The

hard copy of the documents shall also be posted as per details given in clause 31.0 so as to reach on or before the last date and time of submission of bid.

► If situation so warrants, SJVN/NJHPS may ask the bidders to produce original

documents which were submitted as scanned copies along with bid for verification.

20.0 Submission of Bids

► The bids will be submitted electronically at designated places in various online schedules. The bid document except schedule-1, schedule-2 & Schedule-3 can be downloaded by the bidder through https://sjvn.abcprocure.com only after registration as explained above in clause 1.9. The bid is to be filled only in the online schedules available on the web. The schedules-1, 2 & 3 cannot be downloaded as they are to be filled online; however “Bid Proposal Sheet” is to be downloaded first and is to be uploaded again after filling the same. The bid is called in one part i.e. Price cum Techno-commercial Bid Part consist of followings: (i) Schedule-1 - “Schedule of Prices & Taxes”.

Remarks: The applicable rate of taxes and duties to be paid extra shall be clearly mentioned in the Schedule-1 “Schedule of Prices & Taxes”. In case nothing is mentioned or mentioned “NIL” then it shall be presumed that the rates quoted are inclusive of taxes and duties or else the taxes & duties are not applicable. The taxes & duties shall be paid as per applicable rules & applicable rate during the currency of contract. Any increase in taxes & duties / introduction of new taxes & duties/ levy by the Govt. shall be paid by SJVN Ltd. provided that such increase in taxes & duties / introduction of new taxes & duties/ levy by the Govt. is made with in contract period as per LOA, otherwise same shall be paid by the bidders.

(ii) Schedule-2 “Schedule of Deviations”. (iii) Schedule-2 “General Information and Bank Account Details”. (iv) Bank account details authenticated by bank/copy of cancelled cheque.

11 PCD-NJHPS-604

Registered &

Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

(v) Bid Security / Earnest Money deposit (EMD)/Copy of NSIC/MSE certificate as per sr. no. 11.0 above.

(vi) Undertaking as per sr. no. 32.0 below. (vii) Copy of Service Tax No. (if applicable) & PAN No.

Remarks: All above dynamic schedules are to be filled ONLINE. The bidders have to fill all the required information in the above schedule.

► The required prices and information in above schedules are to be filed in

colouerd boxes only. ► SJVN reserves the right ask additional information if necessary after opening of

the bid

► The Bid will be opened electronically as per schedule time and date as indicated in the bid documents in the O/o Senior Manager (P&C), SJVN Ltd., Jhakri, Distt. Shimla (H.P.) – 172 201.

► The Owner further, reserves the right to reject any Bid which is not submitted

according to the instructions stipulated above.

► SJVN reserves the right to cancel / withdraw the invitation for bid without assigning any reason and shall bear no liability whatsoever consequent upon such a decision.

21.0 Late Bids

No bid shall be received after last date and time of bid submission.

22.0 Withdrawal of Bids No bid may be withdrawn in the interval between the bid submission deadline and

the expiration of the bid validity period specified in Bid documents. Withdrawal of a bid during this interval may result in the Bidder's forfeiture of its bid security / EMD.

23.0 Bid Opening and Evaluation

► The Owner will open all bids electronically in the presence of bidder's representatives who choose to attend the opening at the time, on the date and at the place specified in the NIT / NIQ. Bidder's representatives shall sign a register as proof of their attendance. In the event of the specified date for the opening of bids being declared a holiday for the Owner, the bids will be opened at the appointed time on the next working day.

► No Mobile Phone will be permitted inside the bid opening room. Therefore,

bidders should deposit Mobile Phones with Security guard at Reception. ► Bids will be evaluated for the complete scope of the work on single

responsibility basis including all taxes & duties.

► No price preference shall be given to any bidder during bid evaluation.

12 PCD-NJHPS-604

Registered &

Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

► No cost loading will be carried out on account of lower delivery period. However, the bidder can offer lower delivery period than the scheduled delivery period.

► No Cost for the deviations shall be considered as deviations are not allowed from

terms & conditions.

► The items for which bidder does not quote his price i.e. leaves the rate / amount column blank or simply puts a (-) mark or (*) mark or indicates ‘NIL’ / ‘NA’ or as applicable, no cost shall be considered for bid evaluation for these items, and for the purpose of award the value of such item shall be deemed to have been included in other quoted items. If the bidder does not agree to this consideration, his bid will be rejected and the bid guarantee may be forfeited.

24.0 Clarification of Bids During bid evaluation, the Owner may, at its discretion, ask the Bidder for a

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

25.0 Correction of Errors (Applicable to extent possible)

The prices are to be filled in ONLINE DYNAMIC Schedules as under:-

A. The bidder has to fill the Unit Rates in the FIGURES only.

B. The entered UNIT RATES in figures shall be automatically converted in to the words.

C. The bidder has to fill the applicable percentage (%) of the taxes & duties. The amount for the taxes & duties shall be calculated automatically accordingly.

D. The above entered UNIT RATES in the figures and calculated amount of taxes & duties shall be multiplied with quantity to calculate the TOTAL AMOUNT in figures & as well as in words automatically.

E. After computation of the amounts as above, the values as computed shall be considered for evaluation as well as for award. If the bidder does not accept the above consideration, his bid will be rejected and the Bid Security / EMD may be forfeited.

F. The Owner's determination of a bid's responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence. If a bid is not substantially responsive, it will be rejected by the Owner, and may not subsequently be made responsive by the Bidder by correction of the non-conformity.

26.0 Influencing the Owner

► No Bidder shall contact the Owner on any matter relating to its bid, from the time of the opening of bids to the time the contract is awarded.

► Any effort by a Bidder to influence the Owner in the Owner’s bid evaluation, bid comparison or contract award decisions may result in rejection of the Bidder’s bid.

13 PCD-NJHPS-604

Registered &

Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

27.0 Award of Contract

► The Owner will award the contract to the successful Bidder whose bid has been determined to be substantially responsive and to be the lowest evaluated bid for entire scope of work on single responsibility, further provided that the bidder is determined to be qualified to perform the contract satisfactorily.

► The owner may request the Bidder to withdraw any of the deviations listed in

Deviation Schedule of the winning bid, at the price shown for the deviation in Deviation schedule. In case the Bidder does not withdraw the deviations proposed by him, if any, at the cost of withdrawal stated in the bid, his bid will be rejected and bid security forfeited.

► Bidders would be required to comply with all other requirement of the Bidding

Documents except for those deviations in Deviation Schedule, which are accepted by the Owner, failing which the bid security of the Bidder may be forfeited.

► Award will be placed for entire scope of work on single responsibility

basis. 28.0 Owner's Right to Accept Any Bid and to Reject Any Bids The Owner reserves the right to accept or reject any bid, and to annul the bidding

process and reject all bids at any time prior to award of contract, without thereby incurring any liability to the affected Bidder or bidders or any obligation to inform the affected Bidder or bidders of the grounds for the Owner's action.

29.0 Notification of Award

► Prior to the expiration of the period of bid validity, the Owner will notify the successful Bidder in writing by registered letter or by cable, to be confirmed in writing by registered letter, that its bid has been accepted. The notification of award will constitute the formation of the contract.

► Upon the successful Bidder's furnishing of the performance security, the Owner will promptly notify each unsuccessful Bidder and will discharge its bid security.

► SIGNING OF THE CONTRACT AGREEMENT(Format enclosed)

► The Contract Agreement (s) will be signed in two (2) originals on non –judicial

Stamp Paper of appropriate value within 30( thirty) days of issue of Notification of awards/letter of Awards and the contractor shall be provided with one signed copy of “Original Agreement” and other will be retained by the owner.

► Subsequent to signing of the Contract(s), the contractor at his cost shall provide the owner with at least four (4) copies of Agreement (Hard Bound) with in twenty (20) days after signing of the contracts.

30.0 Corrupt or Fraudulent Practices

A. The Owner requires that Bidders to observe the highest standard of ethics during the procurement and execution of the Contract. In pursuance of this policy, the Owner:

14 PCD-NJHPS-604

Registered &

Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

(a) defines, for the purposes of this provision, the terms set forth below as follows: (i) "corrupt practice" means the offering, giving, receiving or soliciting of

any thing of value to influence the action of a public official in the procurement process or in contract execution; and

(ii) "fraudulent practice" means a misrepresentation of facts in order to

influence a procurement process or the execution of a contract to the detriment of the Owner, and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Owner of the benefits of free and open competition;

(b) will reject a proposal for award if it determines that the Bidder recommended

for award has engaged in corrupt or fraudulent practices in competing for the contract in question;

(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to

be awarded a contract if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a contract of the Owner.

B. Furthermore, Bidders shall be aware of the provision stated in the "General

Conditions of Contract". 31.0 Submission of documents by post:

► The following documents in hard copy/original form sealed in envelop super

scribed as “Providing 4 Mbps Internet Lease line (3Mbps + 1 Mbps) via RF Link at NJHPS, SJVN Ltd. Nathpa {PCD-NJHPS-604(O&M)/2016}” are to be sent through post :-

(i) Earnest Money Deposit (In original)(FDR/TDR.

► The document(s) as asked above are to be sent to the following address:-

Sr. Manager (SM), Procurement and Contract Department, NJHPS, SJVN Ltd., Jhakri, Distt. Shimla (H.P.)-172201. Phone No. 01782-275236. Fax No. 01782-234049/ 275106.

Remarks: The scanned copy (ies) of the document(s) asked as above are to be uploaded on web and must reach in original/physical form at above address on or before bid closing date as specified in the tender, otherwise bid shall be rejected.

15 PCD-NJHPS-604

Registered &

Corporate

Office


PIN-171009, Tel: 0177-2670064,490,521,741

Fax: 0177-2670542

Liaison/Co-

ordination Office


Delhi. PIN-110017, TELE: 011- 41659210/17

FAX: 011- 41659204/14

32.0 Undertaking:

32.1 We have read carefully all the bidding documents and agreed to the conditions except for deviation taken clause wise in deviation schedule.

32.2 We have not changed the contents of the bidding documents.

32.3 Scanned copy of documents uploaded along with the bid is true to the best of our knowledge.

1 PCD-NJHPS-604





GENERAL CONDITIONS OF CONTRACT (GCC)

1.0 Definitions In this Contract, the following terms shall be interpreted as indicated:

(a) "The Contract" means the Contract Agreement entered between the Owner and the Contractor, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

(b) "The Contract Price" means the price payable to the Contractor under the

Contract for the full and proper performance of its contractual obligations.

(c) "The Services" means all those services necessary for Providing 4 Mbps Internet Lease line (3Mbps + 1 Mbps) via RF Link at NJHPS, SJVN Ltd. Nathpa and other such obligations of the Contractor covered under the Contract.

(d) "The Owner" means the SJVN Limited .

(e) "The Contractor" means the individual or firm providing the services

under this Contract.

(f) "Corrupt Practice" means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution.

(g) "Fraudulent Practice" means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Owner and includes collusive practice among Bidders (prior to or after Bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Owner of the benefits of free and open competition".

2.0 CONTRACT PERFORMANCE SECURITY(CPS) 2.1 Within thirty (30) days of receipt of the notification of Contract award, the

successful Bidder shall furnish to the Owner, an unconditional performance security for ten percent (10%) of the Contract Price with validity up to sixty (60) days after contract period (Refer Clause 13.0 ITB).

2.2 The proceeds of the performance security shall be payable to the Owner as

compensation for any loss resulting from the Contractor's failure to complete its obligations under the Contract.

2.3 The performance security shall be denominated in the currency of the Contract

and shall be in the form of Bank Guarantee (As per format enclosed) preferably issued by a nationalised Bank/ reputed bank (As per the list enclosed), acceptable to the Owner or in the form of FDR or TDR (pledged in the favour of the owner).

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2.4 The performance security will be discharged by the Owner and returned to the Contractor not later than sixty (60) days after expiry of contract period.

2.5 NSIC/ SSI registered firms are not exempted form the submission of the CPG.

2.6 The interest @15.5% shall be charged on delay period for breach in timely

submission of CPG/Initial Security Deposit without prejudice to right of SJVN to other remedies available under the contract.

2.7 In case of extension of contract, the BG is to be submitted only for the extended period of contract.

3.0 GUARANTEE

The Guarantee of License validity for a period of Two year from date of completion for satisfactory performance under normal working conditions. The same is to be further extended as per period of contract. (Refer ITB 13.0)

4.0 FORCE MAJEURE 4.1 The firm shall not be liable for loss or damage to SJVN resulting from any delays

or failure to make complete work within schedule time for all or any part of the item due to the act of God, war declared or undeclared, acts of public enemy, riots, civil commotion, invasion, insurrection, sabotage, acts of restraint of Government, federal, state or municipal action or regulation, fire, flood, hurricanes, accidents, epidemic, quarantine, restrictions, or any failure on the part of the Owner or his representative or other causes, contingencies or circumstances not subject to their control, whether of a similar or dissimilar nature which prevents the Contractor from completion of work. Any such cause or delays even though not existing on the date of the contract on or the date of start of reclaiming shall extend the time of performance automatically by length of delays occasioned thereby, including delay reasonably incidental to the resumption of normal reclamation work even though such case may occur after performance of firm’s obligation has been delayed for the other causes.

4.2 If a Force Majeure situation arises, the Contractor shall promptly notify the Owner in writing of such condition and the cause thereof. Unless otherwise directed by the Owner in writing, the Contractor shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.

5.0 PAYMENT TERMS The payment to the bidder will be made as under after submission of all the required documents acceptable to SJVN Ltd.-

5.1 The contractor shall be entitled for the payment only after successful installation, testing and commissioning of the link. The 100% prorate quarterly payment (for fixed charges & recurring charges) including taxes will be made within 30 days on submission of following documents to EIC for verification :-

(i) Bill in triplicate. (ii) Copy of agreement along with unconditional acceptance of Letter of

Award (With 1st bill only)

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(iii) Copy of PAN No., Service Tax No.(if applicable) (With 1st bill only) (iv) Completion certificate after the successful instillation, testing and

commissioning of the link (With 1st bill only) (v) Copy of CPG as per clause no.2.0. (With 1st bill only). (vi) Certificate issued by EIC that the required services are provided by the

firm for the period whose payment is claimed. 5.2 The payment shall be released through electronic fu nd transfer and hence

you are requested to give your bank account detail along with IFSC code of your bank branch. Bank charges if any, shall be bor ne by you. The details to be submitted in the schedule-3 as enclosed.

5.3 As per SJVN Ltd. policy, no advance payment can be given.

5.4 SERVICE TAX: The Service Tax including Swachh Bharat Cess & Krishi Kalyan Cess shall be paid by the SJVN as per applicable rules of service tax. However the Service Tax including Swachh Bharat Cess & Krishi Kalyan Cess is to invoiced separately and paid separately on submission of following information along with the bills:-

i. Name, Address & Contact Details (Tel. no. etc.) of the Service Provider. ii. Service Tax Number of the Service Provider. iii. PAN of the Service Provider. iv. Service Tax Invoice Number. v. Gross amount of services. vi. Service Tax amount.

6.0 CONTRACT PERIOD & COMPLETION PERIOD:

The period of contract shall be two years from the date of successful installation, testing & commissioning of the link & same may be extended for further year(s) on same rates, terms & conditions as per discretion of SJVN Ltd. & after the consent from the service provider.

The link is to be successfully commissioned within 45 days from the date of issuance of LOA. Completion certificate will be issued by SJVN, after successful installation, testing and commissioning of the link.

7.0 TAX DEDUCTION AT SOURCE: SJVN Ltd shall be entitled to make all deduction towards taxes (TDS etc.) from the payments to be made to the contractor as may be mandatory as per Govt. Rules. However SJVN Ltd shall give a statement in respect of such deductions to the contractor.

8.0 L.D. Charges 8.1 If the contractor fails to complete the entire scope of work (Installation, testing and

commissioning of Link) within the period(s) specified in the Contract, the Owner shall, without prejudice to its other remedies under the Contract, deduct from the Contract Price, as Liquidated Damages, as specified here in below,

8.2 The Liquidated Damage for delay in work completion (Installation, testing and

commissioning of link) beyond the maximum delivery period as stipulated at clause 6.0 above shall be @ ½% (Half percent) per week or part thereof. The

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total amount of Liquidated Damages for delay under the Contract will be subject to a maximum of five percent (5%) of the Contract price).

8.3 Amount of Liquidated Damage shall be payable by the bidder whenever

demanded by the Owner and / or Owner can recover the amount of liquidated Damages (to the extent leviable at any time) from the amount payable to the contractor available with Owner under this Contract.

8.4 Contractor’s obligations and the Owner’s remedies in respect of delay are solely

and exclusively as stated in this Liquidated Damages clause subject to provisions of Clause 9.0 and consequence thereof.

9.0 TERMINATION OF CONTRACT ON CONTRACTOR'S DEFAULT 9.1 The Owner, without prejudice to any other remedy for breach of Contract, by

written notice of default sent to the Contractor, may terminate this Contract in whole or in part:

a) if the Contractor fails to complete any part of all the work or all of the Goods within

the period(s) specified in the Contract, or within any extension thereof granted by the Owner.

b) if the Contractor fails to perform any other obligation(s) under the Contract.

c) If the Contractor, in the judgment of the Owner has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract.

9.2 In the event the Owner terminates the Contract in whole or in part, the Owner may procure / get repaired, upon such terms and in such manner as it deems appropriate, Goods or Services similar to those undelivered / un-repaired, and the Contractor shall be liable to the Owner for any excess costs for such similar Goods or Services. However, the Contractor shall continue performance of the Contract to thpe extent not terminated.

10.0 TERMINATION FOR INSOLVENCY The Owner may at any time terminate the Contract by giving written notice to the

Contractor if the Contractor becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the Contractor, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Owner.

11.0 TERMINATION OF CONTRACT ON OWNER'S INITIATIVE

11.1 The Owner reserves the right to terminate the Contract either in part or in full due to reasons other than those mentioned under clause entitled "Contractor's Default" and "Outbreak of War". The Owner shall in such an event give seven (7) days notice in writing to the Contractor of his decision to do so.

11.2 The Contractor upon receipt of such notice shall discontinue the work on the date and to the extent specified in the notice, make all reasonable efforts to obtain cancellation of all orders and contracts to the Owner, stop all further sub-

5 PCD-NJHPS-604





contracting or purchasing activity related to the work terminated, and assist the Owner in storage, maintenance, protection, and disposition of the works acquired under the contract by the Owner.

11.3 In the event of such a termination, the Contractor shall be paid equitable and reasonable compensation, as dictated by the circumstances prevalent at the time of termination.

12.0 SETTLEMENT OF DISPUTES

12.1 Any dispute(s) or difference(s) arising out of or in connection with the Contract shall, to the extent possible in the first instance be resolved amicably between the Contractor and the Owner’s Engineer.

12.2 If any dispute or difference of any kind whatsoever shall arise between the Owner and the Contractor, arising out of the Contract for the performance of the Works whether during the progress of the Works or after its completion or whether before or after the termination, abandonment or breach of the Contract, it shall, in the first place, be referred to and settled by the Engineer, who within a period of ten (10 ) days after being requested by either party to do so, shall give written notice of his decision to the Owner and the Contractor.

12.3 Save as hereinafter provided, such decision in respect of every matter so referred

shall be final and binding upon the parties until the completion of the entire work under the Contract and shall forthwith be given effect to by the Contractor who shall comply with all such decisions, with all due diligence, whether he or the Owner requires arbitration as hereinafter provided or not.

12.4 If after the Engineer has given written notice of his decision to the parties, no

claim to arbitration has been communicated to him by either party within ten (10) days from the receipt of such notice, the said decision shall become final and binding on the parties.

12.5 In the event of the Engineer failing to notify his decision within ten (10) days after

being requested as aforesaid or in the event of either the Owner or the Contractor being dissatisfied with any such decision, or within ten (10) days after the expiry of the first mentioned period of ten (10) days, as the case may be, either party may require, by written notice to the other party, that the matters in dispute be referred to arbitration as hereinafter provided.

13.0 ARBITRATION (WITH PVT. PARTY) 13.1 All disputes or differences in respect of which the decision, if any, of the Engineer

has not become final or binding as aforesaid shall be settled by arbitration in the manner hereinafter provided.

13.2 In the event of the Contractor, that is to say a citizen and/or a permanent resident

of India, a firm or a company duly registered or incorporated in India, the arbitration shall be conducted by three arbitrators, one each to be nominated by the contractor and the Owner and the third to be named by the President of Institution of Engineers, India. If either of the parties fails to appoint its arbitrator within thirty (30) days after receipt of a notice from the other party invoking the arbitration clause, the President of the Institution of Engineers, India shall have

6 PCD-NJHPS-604





the power at the request of either of the parties, to appoint the arbitrators. A certified copy of the said President making such an appointment shall be furnished to both the parties.

13.3 The arbitration shall be conducted in accordance with the provisions of the

Arbitration & Conciliation Act, 1996 or any statutory modification thereof. 13.4 Arbitration(s) shall give reasoned award. 13.5 The decision of the majority of the arbitrators shall be final and binding upon the

parties. The expenses of the arbitration shall be paid as may be determined by the arbitrators. The arbitrators may, from time to time with the consent of all the parties enlarge the time for making the award. In the event of any of the aforesaid arbitrators dying, neglecting, resigning of being unable to act for any reason, it will be lawful for the party concerned to nominate another arbitrator in place of the outgoing arbitrator.

13.6 The arbitrator shall have full powers to review and/or revise any decision, opinion,

directions certification or valuation of the Engineer in consonance with the contract.

14.0 ARBITRATION (WITH CPSEs) 14.1 All disputes or differences in respect of which the decision, if any, of the Engineer

has not become final or binding as aforesaid shall be settled by arbitration in the manner hereinafter provided.

14.2 The arbitration procedure shall be as per the guidelines issued by DPE (department of Public Enterprise).

14.3 Also refer the attached Annexure as under:-

In exercise of the Powers conferred by Article……….of the Articles of Association of the (name of the CPSE/Bank/Port Trust etc.)/ Section……..of the……Act of setting up of the (name of the CPSE/Bank/Port Trust etc.). The President of India is pleased to direct that all disputes relating to all commercial agreements (except income tax, customs, excise duty and also concerning Railways) between (name of Company/Corporation/Bank/Port Trust) and (name of another Public Sector Undertaking/ Government Department/Bank/Port/Trust etc.) shall be referred to the Permanent Machinery of Arbitrators (PMA) set up in the Department of Public Enterprises. The President is further pleased to direct that the following Arbitration Clause shall be included in all current and future contracts/agreements etc. and that in respect of ongoing contracts they should be suitably amended to include such a clause:

“In the event of any dispute or difference relating to the interpretation and application of the provisions of the contracts, such dispute or difference shall be referred by either party for Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government of India in-charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to Arbitration under this clause. The Award of Arbitrator shall be binding upon the parties to the dispute, provided,

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however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon such reference the dispute shall be decided by the Law Secretary or the Special Secretary/Additional Secretary, when so authorized by the Law Secretary, whose decision shall bind the Parties finally and conclusively. The Parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator”

15.0 APPLICABLE LAW:

15.1 The Contract shall be governed by and interpreted in accordance with the laws in force in India. The courts of Rampur Bushahar (H.P.) shall have exc lusive jurisdiction in all matters arising under the Contr act.

16.0 NOTICES:

16.1 Any notice given by one party to the other pursuant to this Contract shall be sent to the other party in writing or by cable telex, or facsimile and confirmed in writing to the other party's address specified in NIT/NIQ.

16.2 A notice shall be effective when delivered or on the notice's effective date, whichever is later.

17.0 APPLICABLE LAW

17.1 The Contract shall be governed by and interpreted in accordance with the laws in force in India. The courts of Rampur Bushahr, Shimla shall have exclusive jurisdiction in all matters arising under the Contract.

18.0 NOTICES

► Any notice given by one party to the other pursuant to this Contract shall be sent to the other party in writing or by cable telex, or facsimile and confirmed in writing to the other party's address specified in NIT/NIQ.

► A notice shall be effective when delivered or on the notice's effective date, whichever is later.

19.0 (i) All correspondence related to this contract before award of the contract shall be addressed to Sr. Manager, Procurement & Contract Deptt., NJHPS, SJVN Ltd., Jhakri, Distt. Shimla (H.P.), PIN – 172201, PH No. 01782-275794, Fax No. – 01782-234049.

(ii) All correspondence after award of the contract shall be addressed to EIC.

18.0 ENGINEER IN CHARGE (EIC)

EIC of the work shall be SM, (Incharge), NJHPS, SJVN Nathpa, Distt. Kinnaur(H.P.), PIN 172115. All the post award communication is to be done with the EIC of the work.

* * *

ANNEXURE

BANK GUARANTEE FOR CONTRACT PERFORMANCE GUARANTEE

(To be stamped in accordance with Stamp Act)

Bank Guarantee No. ………..

Date ………………………...

To

[Owner's Name & Address]

Dear Sirs,

In consideration of the SJVN LTD. (hereinafter referred to as the 'Owner,' which expression

shall unless repugnant to the context or meaning thereof, include its successors,

administrators and assigns) having awarded to M/s. ……….. [Contractor's Name]

……….. with its Registered/Head Office at ……… …………………..……………………

(hereinafter referred to as the 'Contractor', which expression shall unless repugnant to the

context or meaning thereof, include its successors administrators, executors and assigns), a

Contract by issue of Owner's Notification of Award No. …………….. dated ………….. and

the same having been unequivocally accepted by the Contractor, resulting in to a contract

bearing No…………. dated …………. Valued at ……………….. for ……………… and the

Contractor having agreed to provide a Contract Performance Guarantee for the faithful

performance of the entire Contract equivalent to ….. (*) ….. % (………………. percent) of

the said value of the Contract to the Owner.

We ……………….. [Name & Address of the Bank] …..………. Having its Head Office at

………………………….. (hereinafter referred to as the 'Bank', which expression shall,

unless repugnant to the context or meaning thereof, include its successors, administrators,

executors and assigns) do hereby guarantee and undertake to pay the Owner, on demand any

and all monies payable by the contractor to the extent of ………... (*) ………. as aforesaid at

any time upto ……………. (@) ………… [days/month/year] without any demur,

reservation, context, recourse or protest and/or without any reference to the Contractor. Any

such demand made by the Owner on the Bank shall be conclusive and binding

notwithstanding any difference between the Owner and the Contractor or any dispute

pending before any Court, Tribunal, Arbitrator or any other authority. The Bank undertakes

not to revoke this guarantee during its currency without previous consent of the Owner and

further agrees that the guarantee herein contained shall continue to be enforceable till the

Owner discharges this guarantee.

The Owner shall have the fullest liberty, without affecting in any way the liability of the

Bank under this guarantee, from time to time to extend the time for performance of the

Contract by the Contractor. The Owner shall have the fullest liberty, without affecting this

guarantee, to postpone from time to time the exercise of any powers vested in them or of any

right which they might have against the Contractor, and to exercise the same at any time in

any manner, and either to enforce or to forbear to enforce any covenants, contained or

implied, in the Contract between the Owner and the Contractor or any other course or remedy

or security available to the Owner. The Bank shall not be released of its obligations under

these presents by any exercise by the Owner of its liberty with reference to the matters

aforesaid or any of them or by reason of any other act or forbearance or other acts of

omission of commission on the part of the Owner or any other indulgence shown by the

Owner or by any other matter or thing whatsoever which under law would, but for this

provision, have the effect of relieving the Bank.

The Bank also agrees that the Owner at its option shall be entitled to enforce this Guarantee

against the Bank as a principal debtor, in the first instance without proceeding against the

Contractor and notwithstanding any security or other guarantee that the Owner may have in

relation to the Contractor's liabilities.

Not withstanding anything contained hereinabove our liability under this guarantee is

restricted to …………. (*) ……….. and it shall remain in force up to and including

…………. (@) ……… and shall be extended from time to time for such period (not

exceeding one year), as may be desired by M/s………….. [Contractor's Name] ………... on

whose behalf this guarantee has been given.

Dated this ………………. day of ………….. 2016 ………. at …………………………...

WITNESS

…………………………..… (Signature) ……….…………

(Signature)

……………………………..

(Name) (Name) ………………….….

…………………………….. ………………………………

(Official Address) (Designation with Bank

Stamp)

Attorney as per Power of

Attorney No………………

Dated …………………….

Notes: 1. (*) this sum shall be ten percent (10%) of the Contract Price.

(@) This date will be sixty (60) days beyond the guarantee period as

specified in the Contract.

2. The stamp papers of appropriate value shall be purchased in the name of

Guarantee issuing Bank.

AGREEMENT FORMAT

Annexure -

(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE) This agreement is made on ……… day of ……………………….Two Thousand………………… between ………………(Name of the Employer)……………………having its registered office at……………………(address of the Employer)…………………………………….……(hereinafter referred to as the “SJVN Ltd.” or “the Employer”) which expression shall unless repugnant to the context or meaning thereof, include its successors and permitted assigns of the one part. AND ………………………..……(Name of Contractor) having its registered office at………………………..(address of contractor) ………………..…………………….. (hereinafter referred to as the “the Contractor”) which expression shall unless repugnant to the context or meaning thereof include their respective successors and permitted assigns of the other part. Whereas the Employer is desirous that the Contractor executes ………………………………………………. (name and identification number of Contract)(hereinafter called “the Works”) and the Employer has accepted the Bid submitted by the Contractor for the execution and completion of such Works and the remedying of any defects therein, at a Accepted Contract Amount of ..............................(Name of currency and value in words and figures) NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement, words and expression shall assume the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to and they shall be deemed to form and be read and construed as part of this Agreement.

2. In consideration of the payments to be made by the Employer to the Contractor

as indicated in this Agreement, the Contractor hereby covenants and agrees with the Employer that the contractor shall execute and complete the Works and remedy the defects therein in conformity in all respects with the provisions of the Contract and shall undertake, ensure and process the completion of the Works within the Time for Completion.

3. The Employer hereby covenants and agrees to pay the Contractor in

consideration of the execution and completion of the Works and the remedying the defects therein, the Accepted Contract Amount or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

4. The contractor undertakes to execute and complete the Works within the Time for

Completion and to achieve the Milestones within the time prescribed thereof in the Contract.

5. The following documents shall be deemed to form and be read and construed as integral part of this Agreement: This Agreement shall prevail over all other Contract Documents.

a) The copy of accepted Letter of Award.

b) Any other documents forming part of the Contract (If any).

In witness whereof the parties hereto have executed this Agreement on the day, month and year first written before. The Common Seal of both the Parties is hereunto affixed in the presence of: Signed Sealed and Delivered by the said Parties.

For & on behalf of Employer Signature ………………………… Name ……………………………... Designation …………………….. Address …………………………. ……………………………………... …………………………………….. (Authorized Signatory) In the presence of Witness Signature ………………………… Name ……………………………... Designation …………………….. Address …………………………. ……………………………………... ……………………………………..

For & on behalf of Contractor Signature ………………………… Name ……………………………... Designation …………………….. Address …………………………. ……………………………………... …………………………………….. (Authorized Signatory) In the presence of Witness Signature ………………………… Name ……………………………... Designation …………………….. Address …………………………. ……………………………………... ……………………………………..

Note: The Contract Agreement shall be subject to further modifications by Employer.

THE SECOND SCHEDULE TO THE RESERVE BANK OF INDIA ACT, 1934

[Sections 2(e) and 42]

SCHEDULED BANKS

STATE CO-OPERATIVE BANKS Andhra Pradesh State Co-operative Bank Ltd. Hyderabad Bihar State Co-operative Bank Ltd., Bihar Goa State Co-operative Bank Ltd. , Panaji Gujarat State Co-operative Bank Ltd., Ahmedabad Haryana State Co-operative Apex Bank Ltd., Chandigarh Karnataka State Co-operative Apex Bank Ltd., Bangalore Kerala State Co-operative Bank Ltd., Thiruvananthapuram Madhya Pradesh Rajya Sahakari Bank Maryadit, Bhopal Maharashtra State Co-operative Bank Ltd., Mumbai Orissa State Co-operative Bank Ltd., Bhubaneswar Pondicherry State Co-operative Bank Ltd. Pondicherry Punjab State Co-operative Bank Ltd., Chandigarh Rajasthan State Co-operative Bank Ltd., Jaipur Tamil Nadu State Apex Co-operative Bank Ltd., Chennai Uttar Pradesh Co-operative Bank Ltd., Lucknow West Bengal State Co-operative Bank Ltd., Kolkata

Urban Co-operative Banks

A P Mahesh Co-operative Urban Bank Ltd., Hyderabad Abhyudaya Co-operative Bank Ltd., Mumbai Ahmedabad Mercantile Co-operative Bank Ltd., Ahmedabad Akola Janata Commercial Co-operative Bank Ltd., Akola Amanath Co-operative Bank Ltd., Bangalore Bassein Catholic Co-operative Bank Limited, Vasai Bharat Co-operative Bank (Mumbai) Ltd., Mumbai Bharati Sahakari Bank Ltd., Pune Bombay Mercantile Co-operative Bank Limited, Mumbai Charminar Co-operative Urban Bank Ltd., Hyderabad Citizen Credit Co-operative Bank Ltd., Mumbai Dombivli Nagari Sahakari Bank Ltd., Dombivli Greater Bombay Co-operative Bank Limited, Mumbai Indian Mercantile Co-operative Bank Ltd., Lucknow Jalgaon Janata Sahakari Bank Ltd., Jalgaon Janakalyan Sahakari Bank Ltd., Mumbai Janalaxmi Cooperative Bank Ltd., Nashik Janata Sahakari Bank Ltd., Pune Kallappanna Awade Ichalkaranji Janata Sahakari Bank Ltd., Ichalkaranji Kalupur Commercial Co-operative Bank Ltd., Ahmedabad. Kalyan Janata Sahakari Bank Ltd., Kalyan Kapol Cooperative Bank Ltd., Mumbai Karad Urban Co-operative Bank Ltd., Karad Madhavapura Mercantile Co-operative Bank Ltd., Ahmedabad Mahanagar Co-operative Bank Ltd., Mumbai Mapusa Urban Co-operative Bank of Goa Ltd., Mapusa Mehsana Urban Co-operative Bank Ltd., Mehsana N K G S B Co-operative Bank Ltd., Mumbai Nagar Urban Co-operative Bank Ltd., Ahmednagar Nagpur Nagrik Sahakari Bank Ltd., Nagpur New India Co-operative Bank Ltd., Mumbai Nutan Nagrik Sahakari Bank Ltd., Ahmedabad Parsik Janata Sahakari Bank Ltd., Thane Pravara Sahakari Bank Ltd., Loni Punjab & Maharashtra Co-operative Bank Ltd., Mumbai Rajkot Nagrik Sahakari Bank Ltd., Rajkot Rupee Co-operative Bank Ltd., Pune Sangli Urban Co-operative Bank Ltd., Sangli Saraswat Co-operative Bank Ltd., Mumbai Sardar Bhiladwala Pardi People's Co-operative Bank Ltd., Killa Pardi Shikshak Sahakari Bank Ltd., Nagpur Solapur Janata Sahakari Bank Ltd., Solapur Surat People's Co-operative Bank Ltd., Surat Thane Bharat Sahakari Bank Ltd., Thane Thane Janata Sahakari Bank Ltd., Thane The Akola Urban Co-operative Bank Ltd., Akola The Cosmos Co-operative Bank Ltd., Pune The Goa Urban Co-operative Bank Ltd., Panaji The Khamgaon Urban Co-operative Bank Ltd., Khamgaon The Nasik Merchant's Co-operative Bank Ltd., Nasik The Shamrao Vithal Co-operative Bank Ltd., Mumbai The Zoroastrian Co-operative Bank Ltd., Mumbai Vasavi Co-operative Urban Bank Limited, Hyderabad

SBI AND ASSOCIATES State Bank of India State Bank of Bikaner & Jaipur State Bank of Hyderabad State Bank of Indore State Bank of Mysore State Bank of Patiala State Bank of Saurashtra State Bank of Travancore

NATIONALISED BANKS

Allahabad Bank Andhra Bank Bank of Baroda Bank of India Bank of Maharashtra Canara Bank Central Bank of India Corporation Bank Dena Bank Indian Bank Indian Overseas Bank Oriental Bank of Commerce Punjab National Bank Punjab and Sind Bank Syndicate Bank UCO Bank Union Bank of India United Bank of India Vijaya Bank

OTHER PUBLIC SECTOR BANKS

Industrial Development Bank of India Ltd.

PRIVATE SECTOR BANKS Bank of Rajasthan Ltd. Catholic Syrian Bank Ltd. City Union Bank Ltd. Development Credit Bank Ltd. Dhanalakshmi Bank Ltd. Federal Bank Ltd. HDFC Bank Ltd. ICICI Bank Ltd. IndusInd Bank Ltd. ING Vysya Bank Ltd. Jammu and Kashmir Bank Ltd. Karnataka Bank Ltd. Karur Vysya Bank Ltd. Kotak Mahindra Bank Ltd. Lakshmi Vilas Bank Ltd. Nainital Bank Ltd. Ratnakar Bank Ltd. SBI Commercial International Bank Ltd. South Indian Bank Ltd. Tamilnad Mercantile Bank Ltd. Axis Bank Ltd. Yes Bank Ltd.

FOREIGN BANKS ABN Amro Bank N.V. Abu Dhabi Commercial Bank Ltd. American Express Banking Corporation Antwerp Diamond Bank N.V. Arab Bangladesh Bank Bank International Indonesia Bank of America Bank of Bahrain and Kuwait B.S.C. Bank of Ceylon Bank of Nova Scotia Bank of Tokyo – Mitsubishi Ltd. Barclays Bank Plc. BNP Paribas China Trust Commercial Bank Shinhan Bank Citi Bank N.A. Calyon Bank Deutsche Bank DBS Bank Ltd. The Hongkong and Shanghai Banking Corporation Ltd. J.P. Morgan Chase Bank N.A. Krung Thai Bank Public Company Ltd. Mashreq Bank p.s.c. Mizuho Corporate Bank Ltd. Oman International Bank S.A.O.G. Societe Generale Sonali Bank Standard Chartered Bank State Bank of Mauritius Ltd.

GRAMIN BANKS Andhra Pradesh Grameen Vikas Bank, Warangal (Andhra Pradesh) Andhra Pragathi Grameena Bank, Kadapa (Andhra Pradesh) Aryavart Gramin Bank, Lucknow (Uttar Pradesh) Arunachal Pradesh Rural Bank, Naharlagun (Arunachal Pradesh) Assam Gramin Vikas Bank, Guwahati (Assam) Baitarani Gramya Bank, Baripada (Orissa) Ballia Kshetriya Gramin Bank, Ballia (Uttar Pradesh) Bangiya Gramin Vikash Bank, Berhampore (West Bengal) Baroda Gujarat Gramin Bank, Bharuch (Gujarat) Baroda Rajasthan Gramin Bank, Ajmer (Rajasthan) Baroda Uttar Pradesh Gramin Bank, Rae Bareli (Uttar Pradesh) Bihar Kshetriya Gramin Bank, Monghyr (Bihar) Cauvery Kalpatharu Grameena Bank, Mysore (Karnataka) Chaitanya Godavari Grameena Bank (Andhra Pradesh) Chhattisgarh Gramin Bank, Raipur (Chhattisgarh) Chikmagalur-Kodaga Grameena Bank, Chikmagalur (Karnataka) Deccan Grameena Bank, Dilsukhnagar (Hyderabad) Dena Gujarat Gramin Bank, Gandhinagar (Gujarat) Durg-Rajnandgaon Gramin Bank, Rajnandgaon (Chhattisgarh) Ellaquai Dehati Bank, Srinagar (Jammu and Kashmir) Etawah Kshetriya Gramin Bank, Etawah (Uttar Pradesh) Faridkot Bhatinda Kshetriya Gramin Bank, Bhatinda (Punjab) Gurgaon Gramin Bank, Gurgaon (Haryana) Hadoti Kshetriya Gramin Bank, Kota (Rajasthan) Haryana Gramin Bank, Rohtak (Haryana) Himachal Gramin Bank, Mandi (Himachal Pradesh) Jaipur Thar Gramin Bank, Jaipur (Rajasthan) Jammu Rural Bank, Jammu Jhabua-Dhar Kshetriya Gramin Bank, Jhabua (Madhya Pradesh) Jharkhand Gramin Bank, Ranchi (Jharkhand) Kalinga Gramya Bank, Cuttack (Orissa) Kamraz Rural Bank, Sopore (Jammu and Kashmir) Karnatka Vikas Gramin Bank, Dharwad (Karnataka) Kashi Gomti Samyut Gramin Bank, Varanasi (Uttar Pradesh) Khasi J Bank, Shillong (Meghalaya) Krishna Grameena Bank, Gulbarga (Karnataka) Kshetriya Kisan Gramin Bank, Mainpuri (Uttar Pradesh) Langpi Dehangi Rural Bank, Dhiphu (Assam) Lucknow Kshetriya Gramin Bank, Sitapur (Uttar Pradesh) Madhya Bharath Gramin Bank, Sagar (Madhya Pradesh) Madhya Bihar Gramin Bank, Patna (Bihar) Mahakaushal Kshetriya Gramin Bank, Jabalpur (Madhya Pradesh) Maharashtra Godavari Gramin Bank (Maharashtra) Malwa Gramin Bank, Sangrur (Punjab) Marwar Ganganagar Bikaner Gramin Bank, Pali (Rajasthan) Manipur Rural Bank, Imphal (Manipur) Marathwada Gramin Bank, Nanded (Maharashtra) Mewar Aanchalik Gramin Bank, Udaipur (Rajasthan) Mizoram Rural Bank, Aizawl (Mizoram) Nagaland Rural Bank, Kohima (Nagaland) Nainital Almora Kshetriya Gramin Bank, Nainital (Uttaranchal) Narmada Malwa Gramin Bank, Indore (Madhya Pradesh) Neelachal Gramya Bank (Orissa) North Malabar Gramin Bank, Kannur (Kerala) Pallavan Grama Bank, Salem (Tamil Nadu)

Pandyan Grama Bank, Virudhunagar (Tamil Nadu) Paschim Banga Gramin Bank, Howrah (West Bengal) Parvatiya Gramin Bank, Chamba (Himachal Pradesh) Pragathi Gramin Bank, Bellary (Karnataka) Prathama Bank, Moradabad (Uttar Pradesh) Puduvai Bharthiar Grama Bank (Pondicherry) Punjab Gramin Bank, Kapurthala (Punjab) Purvanchal Gramin Bank, Gorakhpur (Uttar Pradesh) Rajasthan Gramin Bank, Alwar (Rajasthan) Ratnagiri Sindhudurg Gramin Bank, Ratnagiri (Maharashtra) Rewa-Sidhi Gramin Bank, Rewa (Madhya Pradesh) Rushikulya Gramya Bank, Berhampur (Orissa) Samastipur Kshetriya Gramin Bank, Samastipur (Bihar) Saptagiri Grameena Bank, Chitoor (Andhra Pradesh) Sarva UP Gramin Bank (Utta