INVITATION FOR BID

Bids are invited for Supply & replacement of 11kV Cable End Termination O/D type of 20MVA Power
Transformer & other associated work as per latest IS and IEC

(Domestic Competitive Bidding)

DTL
DTL

DELHI TRANSCO LIMITED

(A Government of NCT of Delhi Undertaking)

WEB NOTIFICATION

Tender is invited in Two-part Bid system (i.e. Technical bid and Price bid) by DGM (T) M&S, Ist floor
Pre-Fabricated Building, Rajghat Power House, New Delhi- 110002.
Tender Name Bids are invited for Supply & replacement of 11kV Cable End Termination
O/D type of 20MVA Power Transformer & other associated work as per latest
IS and IEC.
Tender No. T16P110771
EMD in Rs. INR 7300/- (INR Seven Thousand Three Hundred)
Tender Fee INR 500/- (INR Five Hundred)
Estimated Amount (in Rs.) INR 3,63,515 (INR Three Lakh Sixty Three Thousand Five Hundred Fifteen
Rupees)
Bid Validity 120 days from the date of bid opening.
Completion Period Complete Supply of the material along with all accessories and service work shall
be completed within 03 (Three) months from the date of Purchase order, subject to
the availability of the shut down. However Service work is to be carried out in
consultation with AM (T) and Manager (T) of respective sub-station
DATE TIME
Date and time of start of sale of Tender documents. Hrs.
Last Date & Time of Sale of Tender document Hrs.
Last date and time for submission of Bid Hrs.
Date and Time of opening of Techno-Commercial part of bids Hrs.
(Part-I)

For any clarification /query you may contact in the office of DGM (T) M&S, Ist floor pre-fabricated building, Rajghat
Power House, New Delhi 110002, Ph. 011-23251274 Fax No. 011-23251275, Email : [email protected].

1
NOTES:-

1. The terms & conditions and Schedule A form part of the tender documents.

2. The Bidder shall submit his offer on line under two part bid system i.e. Techno-commercial Bid & Price
Bid at e-procurement portal of Delhi govt. website i.e. www.govtprocurement.delhi.gov.in

3. (a) The Scanned copy of Earnest money and Tender fee will be submitted with online bid, however, Earnest
money would be submitted in physical form in the shape of Bank Guarantee/FDRC /DD/Banker cheque
and tender fee would be submitted in the form of Demand Draft in favour of Delhi Transco Limited in
original not later than 10:30 AM on the due date in the office of DGM(T) Material & Services, Ist
Floor,Pre-Fabricated Bldg., Rajghat, New Delhi. In case EMD is in the form of BG/FDR, then it should be
valid for minimum 240 days from the date of opening, (B.G. /FDR validity less than 240 days shall not be
accepted). B.G. Pro forma for EMD enclosed as Annexure-IV.

(b) Earnest Money is to be submitted in the form of Bank Guarantee/FDRC Draft/DD/PO

(Bank Guarantee should be issued from schedule banks only.) No other mode is acceptable.

(c) Earnest money is to be submitted by all Bidders, whether registered with DGS&D/DTL or other bodies
except NSIC where Govt. has exempted certain classified bidders like small scale enterprises etc. Monetary
limit of NSIC should be greater than the estimated cost of the tender.

(d) First the Earnest Money and Tender fee will be checked and in case Earnest money or Tender fee is not
found of required amount or not in acceptable mode, the offer of that particular bidder shall be considered
invalid.

(e) In case, the EMD is not found in the required mode, EMD shall be returned only after the finalization of the
tender.

(f) The EMD shall be refundable to all the Bidders after finalization of purchase order, However the EMD of
successful bidder shall be released after submission of Security as per clause 1.14 of ITB.

(g) Validity of offer 120days. (In case validity is indicated less than 120 days the offer shall be ignored).

(h) The Bidder must also indicate the following particulars on the face of envelope: -
Name & address of the Bidder.
Tender no.
Subject of tender.
Due date of opening of tender.
Validity of offer.
EMD particulars and Tender fees details (Amount, Date of issue, Validity).
In case of category under EMD exemption, then details of certificate with monetary limit.

DGM (T) M&S

2
 DELHI TRANSCO LIMITED
{A Govt. of NCT of Delhi Undertaking}
Pre-fabricated Building, Rajghat Power House, New Delhi-110002)
Telephone No. : 23275565, Fax No.23278530.
(TWO PART OPEN E-TENDER)
SCHEDULE A
Offers are invited through e-procurement portal of Delhi govt. website i.e.
www.govtprocurement.delhi.gov.in Tenders will be accepted online upto 10:30A.M. on
___________and the same will be opened online at 11:30 A.M. on the same day.

TENDER NO. T16P110771 DUE ON:

S. No. Description Of Material QTY.

A Part (A) Supply
01. Supply of cable end termination HS suitable for 11kV, 1 X 1000 sq.mm, AL, 19 Nos.
XLPE cable for 20MVA, 66/11KV Transformer
02. Supply of cable cleats (HDPE) for 11KV cable support structure. 84 Nos.
B Part (B) Service
03. ETC of cable end termination HS suitable for 11kV, 1X1000 sq.mm, AL, 19 Nos.
XLPE cable for 20MVA, 66/11 kV transformer
04. Hiring of skilled labour gang for dismantling & re-fixing of 11kV cable for 08 Nos.
20MVA power transformer

Note:- Above material is required as per sample available at 220kV Najafgarh Substation. Bidder are
advised to visit site, contact details of the concern Asst. Manager - 9999533832. Above work of ETC is to
be carried out at Three Different sub-stations of DTL

Clauses:

1. Make/brand of the material must be mentioned in the Annexure II at sr.No.8. DTL reserve the right to
carry out the inspection of the material at the manufacturer works of the material.

2. Duly signed copies of test reports ( if applicable) from Govt. Lab/accredited Lab as per relevant IS/IEC
(whichever is applicable) with latest amendments if any on the offered equipment of the same rating or
higher rating, in physical form are to be submitted, not later than 10:30 AM on the due date of bid opening
in the office of DGM (T) Material & Services, Ist Floor, Pre-Fabricated Bldg., Rajghat, New Delhi. The
offer without submission of type test report is likely to be ignored.

3. Completion Schedule
(a) Complete Supply of the material along with all accessories and service work shall be completed
within 03 (Three) months from the date of Purchase order, subject to the availability of the shut
down. However Service work is to be carried out in consultation with AM (T) and Manager (T)
of respective sub-station. Delivery schedule if quoted beyond above period shall be loaded @2%
p.m. on ex-works quoted cost for the purpose of bid evaluation, however in no case the delivery
schedule should exceed 05 months failing which the offer shall be treated as unresponsive.

(b) The stores covered by these specifications are essentially required and it is of particular importance
that the Bidders shall give an earlier date possible for completion of the work unless stated otherwise.

4. The design of material should be in accordance of the specification confirming to latest IS/IEC.
3
 5. Unloading of the material at DTL Store/Site shall be done by the supplier safely. Bidders not
agreeing/quoting for unloading of material will not be considered.
6. The Bidders are required to fill up the Annexure-II, failing which the offer shall be ignored.
7. The Bidder requested to submit the following documents along with the offer:

a. VAT/SALES TAX REGISTRATION CERTIFICATES.

The Bidder must attach a scanned copy of VAT /Sales Tax Registration Certificate issued by the State
Govt. /Govt. of India. The Bidders are also required to submit the copy of latest challan (last one year) of
VAT/CST deposited in the Government Department along with supporting document.
Sales Tax Registration number along with copy of sales tax registration certificate from the sales tax
officer of the area in which they are assessed and Income Tax PAN should be furnished with the offer
failing which the offer shall be ignored.

b. SERVICE TAX REGISTRATION CERTIFICATES & PAN No.

The tenderer must attach to the tender a scanned copy of Service Tax Registration Certificate issued by
the Service Tax Deptt. of Govt. of India department and scanned copy of lattest challan (last one year)
deposited in the Govt. deptt. The tenderer shall also attach a scanned copy of PAN No. issued by Income
Tax Deptt.

c. EPF REGISTRATION CERTIFICATE

The tenderer must attach to the tender a scanned copy of EPF Registration Certificates issued from the
EPFC Office. The tenderer is also required to attach the scanned copy of documents/receipt with regard
to the EPF deposited in the Office of EPFC for their employees deployed to execute the contract work
along with the employees share itself of last one year

d. ESI REGISTRATION CERTIFICATE

The tenderer must attach to the tender a scanned copy of ESI Registration Certificates from Regional
Office, ESI corporation The tenderer is also required to attach the a scanned copy of documents/receipt
with regard to the ESI deposited in the Regional Office, ESI corporation for their employees deployed to
execute the contract work along with the employees share itself of last one year.

e. ELECTRICAL LICENSE REQUIREMENT

The tenderer must attach a scanned copy of valid electrical license with the offer.

8. The supplier must quote total landed rates at DTL Store/Site including the following:-

i) Ex-works price of the equipment/material.

ii) Excise Duty.
iii) CST /VAT
iv) Freight
v) Transit Insurance (Transit Insurance should cover the unloading of material at Store/Site).
vi) Unloading charges at DTL Store/Site.
vii) Storage Insurance for 90days after unloading.
viii) Packing & forwarding.
ix) Any other charges/octroi etc.

9. All other terms and conditions are applicable as per NIT.

10. Important Note:

a) The price bid of those bidders will be opened, who will meet the QR criteria (mentioned below).

4
b) Bidder is advised to examine all instructions, forms, terms, specifications and all other information in the
Bid documents and fully inform himself as to all the conditions and matters which may in any way affect
the scope of work or the cost thereof. Failure to furnish all information required by the Bid document or
submission of a Bid not substantially responsive to the Bid document in every respect will be at the
Bidders risk and may result in the rejection of its bid.
c) Performance certificate shall have the details of Issuing authority like Name, Designation, Phone no.,
Address; domain email Id. Copy of respective PO shall also be submitted.
d) Bids containing deviations from provisions relating to the following clauses will be considered as non-
responsive.

i) Price basis and payments terms : Clause no. 1.8 (ITB) & 2.15 (CC)
ii) Delivery Schedule: Clause no. 3 of schedule A.
iii) Guarantee: Clause no. 2.24 of Conditions of Contract.
iv) Liquidated damage: Clause no.2.12 of Conditions of Contract.
v) Deviation : Annexure-III
vi) QR ( Technical as well as Financial) : Clause no. 10 of schedule A

The PART-II (PRICE BID) of only those bidders whose TECHNO-COMMERCIAL BID are acceptable
and responsive to the Bidding Document shall be opened ONLINE ONLY. However technically acceptable
party shall be informed for the opening of the Price Bid (Part-II).

11. The price bid of those bidders will be opened, who will meet the QR criteria (mentioned below).

A) Technical Experience

The bidder should fulfill the conditions mentioned below:-

Eligible Bidder:-

The bid can be submitted by a manufacture/ dealer/supplier/ erector. Bidders should have
experience of having successfully completed similar works during the last 7 years ending last
day of month previous to the one in which applications are invited, should be either of the
following:

i) Three similar completed supply/works costing not less than the amount equal to 40% of
the estimated cost.
or
ii) Two similar completed supply/works costing not less than the amount equal to 50% of the
estimated cost.
or
iii) One similar completed supply/work costing not less than the amount equal to 80% of the
estimated cost.

Note:-
a) Definition of similar supply /works: Supply / works of cable end termination kit, general
electrical items etc. for 33 KV & above voltage level substation for any state electricity
boards/other govt. Organization / PSUs during the last 7 years

b) Note: - Copies of Supply/ work orders (as per above criteria) from the Govt. Power
Utilities/ Govt. Organisation/PSUs/Other Govt. Deptt. along with its performance certificate
for satisfactory operation for atleast (2) years as on date of bid opening are required to be
submitted along with the bid document.

B) Financial QR:-
5
 The Bidders are required to submit Annual Financial Report (Balance Sheet and Profit & Loss A/c)
of Last 05 years (from technical bid opening date), duly signed by chartered Accountant and
countersigned by bidder.

The bidder should have adequate financial capability to meet the following minimum criteria:

i) Minimum annual average turnover (MAAT)

Minimum annual average turnover (MAAT) of the bidder for the best three year out of last five
financial as annualized should not be less than :
MAAT (Rs.) = (1.5 x estimated Cost)/completion period in years.
= Rs. 5,45,273 (Five Lakh Forty Five Thousand Two Hundred Seventy Three
Rupees)
ii) Liquid Assets (LA)
Bidder shall have liquid assets (LA) and / or evidence of assess to or availability facilities of
not less than:
LA (Rs.) = (3xEstimated Cost)/Completion period in months.
= Rs. 90,879/- (Ninety Thousand Eight Hundred Seventy Nine Rupees)

SIGNATURE OF THE BIDDER

WITH STAMP & DESIGNATION

6
 DELHI TRANSCO LIMITED
ANNEXURE-I
TENDER FORM/UNDERTAKING
DGM (T) M&S
D.T.L.
Dear Sir,
I/We submit this online tender as Manufacturer/Authorized dealer/Supplier (strike whichever is not
applicable) for Supply & replacement of 11kV Cable End Termination O/D type of 20MVA Power
Transformer & other associated work as per latest IS and IEC. as per schedule given in Tender
Documents.
I/We have thoroughly examined the terms and conditions given in the tender document and its
annexures and agree to abide by them. The rates at which I/We offer to make supplies have been stated in the
Price Schedule. I/We confirm that no other charges would be payable to me/us, except shown in price-
schedule.
I/We agree to hold the offer valid for acceptance upto 120 days from the date of opening and shall be
bound by communication and acceptance letter dispatched upto the last-day of validity of offer.
I/We further undertake that, this offer shall not be retraced or withdrawn by me/us after the opening
of the tender.
A Bank Guarantee/FDRC Draft/DD/PO bearing no .. dated
drawn on .. for Rs. is being submitted herewith as
Earnest Money in physical form not later than 10:30 AM on the due date in the office of DGM(T) Material
& Services, Ist Floor, Pre-Fabricated Bldg., Rajghat, New Delhi. In the event of my/our tender being
accepted for the whole or any part quantity, I/We, agree to furnish the required security deposit.
In case EMD is in the form of BG, then it should be valid for minimum 240 days from date of opening.
(B.G.validity less than 240days shall not be accepted).

The following pages have been added to form of this tender

i)
ii)
iii)
iv)
v) Yours faithfully,
(Signature of Bidders)
Status/State of Capacity
on which the signatory
is signing.
Place.................... Date......................

Name, sign & Address of the witness as

1 .................................................................... 2 ....................................................................
....................................................................... .......................................................................
....................................................................... .......................................................................
Name and address of the Bidder................................................................................................................

7
 DELHI TRANSCO LIMITED
ANNEXURE-II
The Techno- commercial terms and conditions of the tender as given in the following format:-

1. Firm Prices (yes/no) : _________________________________

2. F.O.R. (DTL Store/Site) : _________________________________
3. Rates of S.T. chargeable or exempted : _________________________________
4. Rates of E/Duty chargeable if any must be
mentioned. : _________________________________
5. Payment Terms : _________________________________
6. (i) Whether P.S.U.s/Govt. Undertaking or
Department. (Yes/No.) : _________________________________
(ii) Earnest Money deposited (Yes/No) : _________________________________
7. Validity offered. : _________________________________
8. Make/Brand offered. : _________________________________
9. Performance certificate & PO attached : _________________________________
10. Delivery offered. : _________________________________
11. DTL marking acceptable (Yes/No.) : _________________________________
12. Agreed for liquidated damages clause (Y/N) : _________________________________
13. Agreed for security deposit (Yes/No) : _________________________________
14. Guarantee clause acceptable (Yes/No) : _________________________________
15. Annual Report (balance sheet and profit
& loss account) of last 3 years attached. : _________________________________
16 Copy of VAT & STRC attached (Yes/No) : _________________________________
17. Copy of PAN attached (Yes/No) : _________________________________
18. Copy of latest challan (last one year) of VAT
deposited in govt. department
(Yes/No) : _________________________________
19. Copy of latest challan (last one year) of Service
tax deposited in govt. department
(Yes/No) : _________________________________

20. Copy of Electrical license attached (Yes/ No) : _________________________________

21. Copy of EPF Registration Certificate (Yes / No) : _________________________________

22. Copy of ESI Registration Certificate (Yes / No) : _________________________________
23. Copy of Service Tax Registration Certificate : _________________________________
and copy of Latest Challan (last one year)
of Service Tax Deposited in Gov.
24. Type Test Certificates attached (Yes/No) : _________________________________

SIGNATURE OF THE BIDDER

WITH STAMP & DESIGNATION

8
 ANNEXURE-III

SCHEDULE OF DEVIATIONS FROM SPECIFICATIONS

In this annexure bidder shall indicate clause wise deviations from tender document.

________________________________________________________________________________
Sl.no. Clause No. Details of deviations Reasons/Justifications for Deviation
________________________________________________________________________________

____________________________________________________________________________________

SIGNATURE OF THE BIDDER

PLACE

DATE STAMP/SEAL

9
Bank account details of DTL

The bank details of DTL which shall be required while making Bank Guarantee are given as under:-

Delhi Transco Ltd. Bankers Name & Code No. Current Account No.
SBI 10820056547
Chandni Chowk Delhi.

RTGS/IFSC No.
SBIN0000631

MICR No.
110002018

10
 ANNEXURE-IV
BANK GUARANTEE FOR EMD

Ref Bank Guarantee No

Date
To
______________________________
______________________________
______________________________

Dear Sir,

In accordance with your invitation to Bid under your Specification

No.M/s
..having its Registered Office ..(hereinafter
called the Bidder) wish to participate in the said Bid for ... and you, as a special
favour, have agreed to accept Bank Bid Guarantee for an amount of
Rs(Rupees.only) valid upto .. on
behalf of the Bidder in lieu of Bid deposit required to be made by the Bidder, as a condition
precedent for participation in the said Bid.

We, . having our Registered Office at . guarantee and undertake to pay

immediately on demand by Delhi Transco Limited the amount of Rs./-
(Rupees.Only) without any reservation, protest, demur and
recourse. Any such demand made by said Owner i.e. Delhi Transco Limited or its authorized
representative shall be conclusive and binding on us irrespective of any dispute or difference raised
by the bidder.

This guarantee shall remain valid upto . If any further extension of this guarantee
is required, the same shall be extended to such required period on receiving instructions from
M/s..on whose behalf this guarantee is issued.

In witness whereof the Scheduled Bank, through its authorized Officer, has set its hand and
stamp on this day of at.

Designation with Bank (Scheduled) Stamp

Name : __________________________
Phone No : __________________________
Domain e-mail Id : __________________________
Official address : __________________________

WITNESS 1 WITNESS 2
Signature
Name
Address

11
 ANNEXURE-V

UNDERTAKING FOR CORRUPT & FRAUDULANT PRACTICE

We declare that all the documents submitted or would be submitted by us in this tender are/would be genuine, and
in case any discrepancy is found in the declaration/documents submitted by us at any stage, action can be taken
against us as deemed fit by DTL.

We further declare that in the submission of this tender no agent, middleman or any intermediary has been, or will
be engaged to provide any services, or any other item of work related to the award and performance of this
contract. We further confirm and declare that no agency commission or any payment which may be construed as
an agency commission has been, or will be, paid and that the tender price does not include any such amount.

We acknowledge the right of the Employer, if he finds to the contrary, to declare, our Tender to be non-compliant
and if the contract has been awarded to declare the contract null and void.

STAMP & SIGNATURE OF AUTHORISED SIGNATORY

12
 ANNEXURE-VI

Description of all Taxes, which are included in Firm Prices as quoted by bidder

S. Items/ description of works Qty. Tax which Rate of tax

No. are included (in percentage
in firm price (%)
quoted

2
3

Signature of Bidder
alongwith name and
Designation

13
 CHECK LIST FOR THE TENDER
(To be submitted by the Bidder with techno-commercial offer of tender)

Note : Replies against each item should be complete without any ambiguity. Terms such as refer covering
letter etc. shall not be acceptable unless the replies / information are specific and complete.

A. TECHNICAL SPECIFICATION

1. Is the material offered according to the specifications required by the purchaser, if not, please state
the deviation from the same and deviation statement thereof.

2. Have you submitted copies of Type Test Certificates in physical form in respect of material offered?

3. Have you submitted dimension drawings leaflets, descriptive and illustrative catalogues in physical
form (if necessary)?

4. Whether product conforms to relevant ISS and our technical particulars?

5. Have you submitted in physical form not later than 10:30 AM on the due date in the office of
DGM(T) Material & Services, Ist Floor, Pre-Fabricated Bldg., Rajghat, New Delhi (i)the copy of
NIT duly signed & stamped on each page ,(ii) copies of past supplies and (iii) performance
certificates ?

6. Whether testing facilities as per IS for conducting various tests are available with you?

B. TERMS AND CONDITION

1. Do you agree to all clauses of General Conditions of our tender documents?

2. If you do not agree to any/all the clauses, please state clearly the clause which you do not agree and
state the modification in respect of clauses of which you do not agree.

3. Do you agree to furnish security deposit if order is placed with you?

4. Whether agreeable to DTLs liquidate damages clause for late delivery of supply.?

5. Are you agreeable to inspection clause?

6. Any further particulars not otherwise covered in the tender specifications submitted physically?

7. Quantity offered against each item be quoted. Are you prepared to accept order for bigger quantity?
If so, to what extent?

Place.................
Date.................. Signature of Bidder
alongwith name and
Designation

14
APPENDIX-I

ADDITIONAL INSTRUCTIONS FOR TWO PART TENDERS

(1) The on line offers complete in all respects will be submitted at e- procurement portal of Delhi govt.
website i.e. www.govtprocurement.delhi.gov.in.
(2) The bidders are requested to carefully fill the Part-II (Price schedule) on e-portal of Delhi govt.
website i.e. www.govtprocurement.delhi.gov.in.
The bidder is required to fill all the elements of cost & taxes as applicable if it is intended by the
bidder to claim the same as the part of the price bid. In case any column /row/box relating to cost &
taxes are left blank by the bidder, no claim of costs and /or taxes against the same shall be allowed in
the bid prices and total bid price shall be determined treating the same as NIL.

(3) Arithmetical errors will be rectified on the following basis:

(a) If there is a discrepancy between the unit price and the total price, which is obtained by multiplying the
unit price and quantity, or between subtotals and the total price, the unit or Subtotal price shall prevail and
the total price shall be corrected.
(b) If there is a discrepancy between words and figures, the arithmetically corrected amount shall prevail.
(c) If the bidder does not accept the correction of errors, its bid will be rejected and bid security will be
forfeited.

(4) First the Earnest Money and Tender Fee will be checked and in case Earnest money and tender fee are not
found of required amount or not in acceptable mode, the offer of that particular bidder shall be considered
invalid.

(5) On scheduled date of opening as notified, Bidders whose EMD and tender fee will be found in order only
their Techno Commercial offer will be opened on the date of opening.
(6) Price bid of the bidder shall be opened online only after the scrutiny of the techno-commercial offer. Price
Bid of those bidders only shall be opened whose Techno -commercial Bid shall be cleared in all respects.
However technically acceptable party shall be informed for the opening of the Price Bid
(7) Bidders are requested to submit online the price schedule and the appendices duly filled in as required and
should strictly follow the instructions notes supplementary thereof to facilitate the purchaser to prepare
comparative statement. Failure to do so may prevent the tender from being considered.
(8) The bidders should specifically mention the rates of excise duty, sales tax as applicable and octroi
chargeable in format as given in Annexure II of Tender Documents.

(9) The purchaser shall not be bound to accept the lowest or any tender and reserves to himself the right of
accepting in whole or any portion, if any, tender as he may think fit without assigning any reason for non-
acceptance or selection.

(10) DTL reserves the right to revise or amend the specification and other conditions prior to the date notified
for opening of the tenders. Such revisions and amendments, if any, will be communicated to all Bidders as
amendment or addenda.

15
 DELHI TRANSCO LIMITED
(A Govt. of NCT Delhi Undertaking)
C&MM Department
Prefabricated Building, Rajghat Power House,
New Delhi-110002.

Terms & Conditions

(PART - I &II)

Regd. Office : Shakti Sadan, Kotla Marg, New Delhi -110002

16
 PART-1
INSTRUCTION TO BIDDER (ITB)
1.1 CONDITIONS OF CONTRACTS
1.1.1 The tender covers, the design, manufacture, shop-testing and delivery of the equipment/material detailed in
the Technical specifications. Tender shall be governed by the conditions detailed in the conditions of
contracts covered in part 2.
1.2 TENDER FORMS
1.2.1 Tender must be submitted online at e-procurement portal of Delhi govt. website i.e.
www.govtprocurement.delhi.gov.in in the Tender form giving complete specifications of the material
offered together with particulars and price by filling up the schedule of price as per Schedule-A. The
tender documents so filled should be in the same format as given by DTL. No changes are allowed to be
made in the format of these documents. Any further Particulars, desired to be submitted should be given
in physical form not later than 10:30 AM on the due date in the office of DGM(T) Material &
Services, Ist Floor, Pre-Fabricated Bldg., Rajghat, New Delhi explaining briefly the salient
points not otherwise covered in the tender specifications
1.3 LODGING OF TENDERS
1.3.1 The Tender should be addressed to Dy. General Manager (T) M &S, First floor, prefabricated building,
Rajghat power House.
1.3.2 The tender should be submitted online at e-procurement portal of Delhi govt. website i.e.
www.govtprocurement.delhi.gov.in .However, all physical documents as asked for should be sent
through Registered post or by courier or in person to the office of the DGM(Material & Services) of
Delhi Transco Limited, Pre-fabricated Building, Rajghat , New Delhi, not later than 10.30A.M. on the
due date.
1.3.3 The Tender is liable to be ignored, if incomplete information or superfluous information not called for in
the invitation to tender is given or if particulars asked for in the tender form are not fully furnished.
1.3.4 All Bidders must indicate the capacity and the authority of the individual signing the tender. It must be
declared whether the individual is legally competent to enter into the contract or not.
1.3.5 Irrespective of the date of posting, the documents received after 10.30 hrs. on the due date, are liable not to
be accepted.
1.3.6 If the Bidder is an Ex-employee of DTL, the details of employment & date of leaving DTL be mentioned
in offer.
1.3.7 If the Bidder is related to any person who is employee in DTL, the full particulars of concerned person &
relationship should be mentioned in the offer.

1.4 OPENING OF TENDERS

1.4.1 The tenders shall be opened at 11:30 A.M. on the due date of opening.

1.5 VALIDITY OF TENDERS

1.5.1 A tender shall remain open for acceptance for a period of 120 days, from the date of opening of tenders or
till such time up to which extension of validity has been agreed. If a Bidder is notified during this 120 days
or extended period that his tender has been accepted, bidder shall be bound by the terms of the agreement
of his tender till such agreement is replaced by a contract as stated in clause 1.11, If a day upto which the
offer is to be remained open has been declared to be closed/holiday for DTL the offer shall remain open
for acceptance till the next working day. The tender with shorter validity is liable to be ignored and may
not be opened.

1.6 WITHDRAWAL OF TENDERS & SUBMISSION OF ANOTHER TENDER

The Bidder cannot withdraw his tender, before the due date of opening. If the Bidder wants to submit
another tender, he may do so within due date. Such tender should be complete in all respect. In such cases,
the earlier offer will not be opened.

17
 In case, the Bidder revises, withdraws or amends without the written consent of the purchaser, his tender
after the date of opening, the earnest money deposited by the Bidder shall be forfeited in full or part
thereof.
1.7 DELIVERY PERIOD
1.7.1 As per the delivery schedule, mentioned in Schedule A.
1.8 PRICE
1.8.1 The supplier must give details in schedule of price attached herewith as Schedule-A the price must be
quoted F.O.R destination free delivery at stores failing which their offers may be ignored against which no
claim or representation be entertained.
1.8.2 Local Suppliers shall quote for Free delivery at stores failing which their offers shall not be considered.
1.8.3 Unloading of the material at DTL Store/Site shall be done by the supplier safely. Otherwise the offer will
be ignored being incomplete offer.
1.8.4 Rates quoted Ex-Works, Ex-Godown, Ex-factory etc. shall not be considered in any case. Bidders shall
take proper care to keep this thing in view or otherwise their tender shall be summarily rejected.
1.8.5 The contractor must indicate specifically, if the prices include Central/State Sales Tax/VAT, Excise Duty,
Education Cess and other taxes, failing which it shall be presumed that the prices include all such charges
and no claim for the same will be entertained. Regarding sales tax Bidder must clearly specify in his offer,
if central Sales Tax or other provincial sales tax will be charged irrespective of whether the tax is leviable
or not. Rate at which is to be charged must be given. If definite statement is not made, that the relevant tax
have been already taken in to account in the rates quoted in the offer and no demand for tax or levy will be
entertained.
1.8.6 Prices must be quoted in figures as well as in words. In case of any difference between these, the
arithmetically corrected amount shall prevail.
1.8.7 Containers will be deemed to be non-returnable unless specifically stated otherwise in the quotation/tender.
1.8.8 Bids for material shall be quoted on Firm Price Basis.
The bidders are required to quote the firm price and if they have quoted the variable price in their offer
then offer shall be rejected. This will be treated as critical requirement.
In case variable price are asked then formula shall be specified. In the event bidder takes deviation
to the above, the cost of withdrawal of deviation is to be mentioned that would be computed for the
purpose of evaluation. (Applicable for Transformer & Circuit breaker case)
The supplier will be paid at the controlled rates or the rates quoted by him whichever is lower, in case of
goods controlled by the Govt.
1.9 SALE TAX REGISTRATION CERTIFICATES & PAN CERTIFICATE
1.9.1 The Bidder while submitting the tender must submit a copy of PAN certificate Sale Tax Registration
Certificates from the S.T. officer of the Area, in which they are assessed, failing which the offer shall be
ignored.
1.10 ACCEPTANCE OF TENDERS
1.10.1 The purchaser is not bound to accept the lowest tender or any other tender and to assign any reason for
rejection of any or all the tenders. The purchaser also reserves the right to accept either the whole or part of
the tender.
1.10.2 The purchasers reserves the right to place the order on the successful tenders for quantity upto 25/5
percent of the quantity tendered by them at the rates quoted and may also split up the order on the Bidders,
within the scheduled delivery period.
1.10.3 The purchaser reserves the right to place the order for different items against one tender to different parties
on their lowest quoted/ computed rates.
1.10.4 DTL reserves the right to revise or amend the specifications and other conditions prior to the date notified
or opening of the tenders. Such revisions and amendments if any will be communicated as amendment or
addenda.
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1.10.5 Printed terms and conditions of the Bidder will not be considered as forming part of the tenders. In case
of any terms and conditions of the contract applicable to this invitations to tenders are not acceptable to the
Bidders they should clearly specify deviation in their tenders. The purchaser may not consider the tender
with such deviations. If nothing otherwise is mentioned it will be assumed that these conditions are
acceptable to Bidder
1.11 COMMUNICATION OF ACCEPTANCE
1.11.1 Acceptance of rates by the purchaser will be communicated through Fax/Regd. A.D/Speed Post letter/e-
mail or acceptance letter (i.e. letter of intent) or formal purchase order. In case the acceptance is
communicated by Regd. A.D/Speed Post letter/e-mail, the formal purchase order will be forwarded to the
supplier as soon as possible but the instructions contained in the acceptance letter should be acted upon
immediately. Posting of L.O.I, even on the last day of validity of offer shall be binding upon the supplier.
1.12 TEST CERTIFICATE
1.12.1 Test certificate as asked for in the specifications and as may be considered necessary by the Bidder to
support for quality of his products must submit in the physical form not later than 10:30 AM on the due
date in the office of DGM(T) Material & Services, Ist Floor, Pre-Fabricated Bldg., Rajghat, New
Delhi.
1.13 ACCEPTANCE OF PO
1.13.1 The successful Bidder shall give acceptance of the P.O. within 7 days of the receipt of the purchase order,
failing which it shall be presumed that purchase order alongwith its terms & conditions is acceptable to
him and shall be binding upon him.
1.14 SECURITY DEPOSIT FOR DUE FULFILMENT OF CONTRACT
1.14.1 The successful Bidder shall have to deposit the security at @ 5% of the total value of the Purchase order
for the proper Performance of the contract within thirty days of receipt of Purchase Order. Material shall
not be accepted without depositing security amount.
1.14.2 The security amount is to be deposited in the form of B.G./FDR/DD/Banker cheque drawn in favour of
DELHI TRANSCO LIMITED and shall be valid upto the actual date of work completion i.e.
supply/commissioning whichever is applicable as per tender document.
1.14.3 The security amount in whole or any part thereof is liable for forfeiture in case of un-satisfactory execution
or delay or bad supplies.
1.14.4 The B.G. of security amount will be released after submission of Contract Performance Bank Guarantee as
per clause no. 2.22 of CC.
1.14.5 In the event of non submission of B.G towards security within the stipulated period, penalty @0.05% per
week up-to maximum of 2% of ex-works cost shall be levied after expiry of the period as stipulated in the
clause 1.14.1. However supply will not be accepted if SD is not deposited within 60 days from the date of
the receipt of the order.
1.15 COST OF BIDDING
The Bidder shall bear all costs and expenses associated with preparation and submission of its bid
including post-bid discussions, technical and other presentations etc. and the Owner will in no case be
responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.
1.16 AMENDMENT TO BIDDING DOCUMENT
1.16.1 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, modify the Bidding
Document by amendment(s).
1.16.2 The amendment will be notified in the corrigendum on e-procurement portal & on DTL website. Owner
will bear no responsibility or liability arising out of non-receipt of the same in time or otherwise.
1.16.3 In order to afford prospective Bidders reasonable time in which to take the amendment into account in
preparing their bids, the Owner may, at its discretion, extend the deadline for the submission of bids.

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1.16.4 Such amendments, clarifications, etc. shall be binding on the Bidders and will be given due consideration
by the Bidders while they submit their bids and invariably enclose such documents as a part of the bid.
1.17 LATE BIDS
Any bid received by the owner after the time and date fixed or extended for submission of bids prescribed
by the owner, will be rejected and/or returned unopened to the bidder
1.18 CLARIFICATION OF BIDS
During bid evaluation i.e. part-I and Part-II, the Purchaser may, at its discretion, ask the Bidder for a
clarification of its bid. In case of erroneous/non submission of documents related to/identified in ITB or as
per the provisions of the Bidding Documents, the Purchaser may give the Bidder not more than 7 working
days notice to rectify/furnish such documents, failing which the bid shall be treated as non responsive. 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.

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 PART -2
CONDITIONS OF CONTRACT (CC)

2.1 In construing these general conditions and specification the following words shall have the meaning
here in assigned to them unless there is something in the subject or the context in consistent with
such constructions.

i. Purchaser shall be the MD (Delhi Transco Limited) and shall include its legal personal representative
/successors and assignees.

ii. The contractor shall mean the Bidder whose tender shall be accepted by the purchaser and shall
include legal Personal representatives, successors and assignees.

iii. The sub-Contractor shall mean the person named in the contract for any part of the work or any
person to whom the part of the contract has been sub-contract with the consent in writing of the
purchaser.

iv. The Contract shall mean to include NIT, amendment if any, successful offer of bidder, drawing
clarification letters and schedule or process as agreed between the parties.

v. Month shall mean calendar Month.

vi. Writing shall include any manuscript, type written or printed statement under or over signature or
seal as the case may be

vii. Person shall include firms, company, Corporation and Municipalities. Word imparting the singular
only shall also include the plural and vice-versa where the context so required.

viii. Site shall mean the Mehrauli Store or any stores/site of D.T.L as may be specified in the contract.

ix. Specifications shall mean the specifications as annexed here to and such other drawing and details
as may be agreed to mutually.

2.2 SCOPE OF CONTRACT

2.2.1 After the tender is accepted all order of instructions to the supplier shall be given by the purchaser.

2.2.2 The supplier shall be deemed to have carefully examined the specifications and also to have satisfied
himself as the nature and character of the supplies to be executed.

2.3 CONTRACT SPECIFICATIONS

Contractor shall submit detail specifications/drawings, which shall receive approval of the purchaser
before the commencement of the supply under the contract. Any deviation in the supply due to in-
correct specifications although approved by the purchaser shall not release the contractor from his
obligations of supplying the correct material.

2.4 SUB-CONTRACT OF CONTRACT

The contractor shall not unreasonably with hold, assign or sub-contract his contract or any
substantial part thereof, without the written consent of purchaser. Such sub-contract shall not in any
way be interpreted as releasing the contractor from his liability & obligations under the contract.

2.5 POWER TO VARY OR OMIT WORK

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 No alteration, amendments, omissions, additions, suspensions or variations of the work/supply under
the contract as shown by the contract specifications shall be made by the contractor except when
directed in writing by the purchaser.

2.6 CONTRACT PRICE

2.6.1 The supplier shall quote price of items detailed in Schedule-A , provided for and quote prices in
accordance with clause 1.8 of the conditions of contract (Part-1) (refer online form).
2.6.2 The contract prices shall be net and firm F.O.R. destination for the entire portion of the contract.
2.6.3 The contract prices shall be payable in the legal currency of the country. However, in case the
payment is to be made for import, the payment will be made in the form of foreign currency as
mentioned by the Bidder in their offers. The import should be CIF basis.
2.7 STATE OR CENTRAL SALES TAX AND DUTIES
2.7.1 The contract price shall remain firm during the continuance of his contract, but any change due to
variation of statutory taxes and duties beyond the rate included in the contract price shall be to the
purchasers account, subject to prior confirmations of the purchaser against documentary proof,
thereof.
2.7.2 Such taxes if leviable shall be shown as a separate item in the schedule attached there to Rates of
such taxes shall be clearly stated.
2.7.3 The DTL shall issue Central Sales Tax declaration in formC in case of interstate transaction only
after making the final payment of invoice(s) and for goods required directly or indirectly for
generation/Distribution of Electricity in the Union Territory of Delhi.
The supplier must mention their ST/CST No. in the offer to facilitate the A/C Deptt. of DTL for
issuance of exemption certificate or form C/D.
2.7.4 The bidder must clearly quote the excise duties and other charges levy by the Govt. of India and state
Govt.
2.8 EMD FORFEITURE
In case Bidder amends/modifies/revise/withdraws the prices/price structure of the offer without the
consent of Delhi Transco Limited, after the tender opening and during the period of validity of their
offer (i.e.120 days), the Earnest Money in full or part deposited by them shall be liable to be forfeited
or their offer liable to be rejected.
2.9 INLAND TRANSIT AND STORAGE INSURANCE
2.9.1 The contract shall include inland transit insurance charges upto the DTL Store/Site including the
unloading of the material/equipment of the purchaser in the F.O.R. DTL Stores/Site. The insurance
shall cover all transit risk and unloading risk as damage pilferages and fire etc. The insurance should
also include storage for a period of 90 days after the delivery of equipment/material to the DTL
Store/site. Policy for storage insurance should be in favour DELHI TRANSCO LIMITED and in
case of any mishappening beneficiary should also be DELHI TRANSCO LIMITED. The beneficiary
of transit insurance shall be supplier. Bidder is required to submit the documentary evidence of
Transit Insurance and Storage insurance at time of delivery of material, failing which recovery @ 1%
of the total value of PO shall be made.
2.9.2 Any loss or damage during transit will be intimated to the contractor on receipt and verification of
material at DTL Store/Site for free replacement and to enable the contractor to lodge necessary
claim on their under writers.
2.9.3 The insurance charges shall be paid by the contractor at the time of dispatch. The claim for
reimbursement shall be made through bills by submitting documentary proof thereof.
2.9.4 In case of imported material, the contractor shall get the marine insurance upto port & then inland
insurance extended upto DTL Store/Site.

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2.10 DELIVERY
2.10.1 Delivery of the stores shall be affected within the period to be stated in the schedule of requirement
notwithstanding anything thereto contained in the General condition of the contract. No liability shall
however be attached to the contractor, if he satisfies the purchaser that the delivery of the goods is
tendered impossible or delayed by reason of abnormal political conditions or any act of the
government except in conditions as covered by clause 2.11 below.
2.10.2 Material shall be consigned in the name of the purchaser otherwise any such cost of damages which
the purchaser may have to pay shall be to contractors account.
2.11 EXTENSION TIME FOR COMPLETION AGAINST FORCE MAJEURES CONDITIONS:-
2.11.1 Should progress in supplies be delayed due to force majeure conditions that is by strike, lock-outs,
fire, accident, flood, war, shortage of power and embargo, any act of God or any other causes beyond
the control of the contractor and whether such delay or impediment occurs before or after the time for
dispatch a reasonable extension of the time shall be granted by arrangement between the parties,
provided that the delays and its causes have been notified by the contractor at the time of occurrence
of the cause of delay.
2.11.2 If the contract has been entered into the consideration of early delivery period, then no extension for
any reason what so ever shall be granted for delay in supply.
2.12 LIQUIDATED DAMAGES
In case of any delay in the execution of the order beyond the stipulated date of Completion schedule
including any extension permitted in writing, the purchaser reserves right to recover from the vendor
a sum equivalent to 0.5% of the value of the delayed works (supply & services) for each week of
delay and part thereof subject to a maximum of 10% of the delayed works (supply & services) of the
order.
2.13 RISK PURCHASE
2.13.1 The supply of all items shall be completed satisfactorily and within the period specified in the order,
failing which the purchaser reserves the right to purchase the stores from other sources at the sole
risk and cost of the supplier and the difference of rates will be recovered from the suppliers.
2.13.2 If on checking, testing and using, the material proves to be defective or fails to fulfill the guarantee
performance of the contract as specified by the contractor, they shall have to make good the defects
at his costs. If the contractor fails to do so the purchaser may arrange supplies at the cost of the
contactor.
If the material is not found to purchasers specifications the same shall be rejected and the intimation
thereof shall be conveyed to the contractor. The contractor shall also be intimated of the shortage
and/or damages in the material received in the Purchasers stores. The rejected/short
Supplied/damaged store shall be replaced free of cost at destination within 7 days of intimation from
DTL failing which the cost of such material shall be recovered from any amounts due, to the
contractor. If the contractor fails to execute the order as per the specification & terms and condition
of the tender document, DTL reserve the right to annul the order and forfeiture the bid security after
serving 15 days written notice to contractor and arrange supplies at the cost of the contractor
If there will incomplete execution of the order found, the purchaser reserves the right to cancel the
purchase order after serving 15 days written notice to contractor and no claim for damages will be
entertained.
2.14 DEDUCTION FROM CONTRACT PRICES (RECOVERIES)
2.14.1 All costs, damages or expenses, which the purchaser may have paid or which under the contract the
contractor is liable, are to be deducted and recovered by the purchaser from any money due or
becoming due to the contractor from the purchaser by action of law or otherwise from the contractor.
2.14.2 In the event of recovery of the necessary extent becoming impossible, owing to in-sufficient security
money and otherwise held amounts, the balance due to the purchaser may be recovered in any way
the purchaser may deem fit.

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2.15 TERMS OF PAYMENT
2.15.1 Subject to any deduction which the purchaser may be authorized to make under the contract the
contractor shall unless otherwise agreed to be entitled to payment term as under:-
Supply portion : - 90% payment of the material supplied (including taxes) against receipt of material in
good physical condition including all accessories receipted through challan duly signed by Store Keeper or
responsible officer at site not below the rank of Asstt.Manager and balance 10% is payable within 30 days
of receipt & approval of material at DTL Store/site.

Service Portion: 100% payment of services shall be released after completion of work duly verified
by Store Keeper or responsible officer at site not below the rank of Asstt. Manager (T)

In case any material consignment is partially/wholly rejected, the terms of payment of supply part
would change to 100% payment after receipt and approval of material at our stores/site. It would be
therefore in your interest to supply the material strictly as per our specifications.

2.15.2 In case of procurement of material the Bidders shall submit their bills in triplicate (one original + two copies)
with supporting documents as per the following:

a) Original + one copy to concerned Manager (T), 1st Floor, Pre-fabricated Building, Rajghat Power House,
New Delhi.
b) One copy to Asstt. Manager(F)Store Billing, 2nd Floor, Pre-fabricated Building, Rajghat Power House,
New Delhi-2.

2.15.3 The payment shall be released through electronic clearance system. For this you have to provide
your bank account no.name of the bank to our Asstt.Manager(F)SB, Pre-fabricated Building,
Rajghat Power House, New Delhi.

2.16 INSPECTION
The goods/equipments during or after manufacture would be inspected at the contractors work by
the representative of DTL /Third party if considered necessary by the company. Full facilities would
be afforded by the contractor to the purchasers authorized Representative/Third party inspecting
officer. The supplier shall give 10 clear days to purchaser for inspection. In case inspection by
DTL/Third party official is materialized beyond the inspection date, delivery shall be extended
accordingly. The efforts will be made for the inspection on due date of inspection. It should be
ensured that the extension in this regard will not be done in routine manner and should be in
exceptional circumstances with proper justification and with approval of the competent authority. In
case material is not found ready on the due date of inspection by the inspecting officer, the inspection
call shall be treated as fake and any expenses incurred by the inspecting officer(s) will be recovered
from the party from their bills.
2.17 REPLACEMENT OF DEFECTIVE AND REJECTED MATERIAL
2.17.1 The contractor shall replace free of cost at destination any such quantities of material or any parts
thereof, which be found defective due to inferior quality or bad material or workmanship etc. during
the guarantee period within 30 days of the intimation to the effect.
2.17.2 The material on receipt at purchasers stores shall be verified and inspected by the purchaser. If the
material is not found to purchasers satisfactions and specifications the same shall be rejected
and the intimation thereof shall be conveyed to the contractor. The contractor shall also be intimated
of the shortage and/or damages in the material received in the Purchasers stores. The rejected/short
Supplied/damaged stock shall be replaced free of cost at destination within 7 days of intimation from
DTL failing which the cost of such material shall be recovered from any amounts due to the
contractor.

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2.17.3 Rejected supplies shall be removed within 10 days of receipt of intimation failing which the
contractor may loose the claim of material.

2.18 TEST-CERTIFICATE

2.18.1 The material during or after manufacture shall be thoroughly tested by the manufacturer according to
the provision of the relevant I.S. specification or any other authoritative international standard
specification.

2.18.2 Copies of manufactures work test certificate shall be sent in triplicate alongwith despatch documents
failing which the material shall be liable to be rejected at the sole risk & cost of the supplier.

2.19 DRAWINGS

Bidder is required to submit 03 copies of drawing (if applicable) in the office of G.M. (T) Planning,
Shakti Deep Building, Jhandewalan Extn. New Delhi -110055 within a period of 30 days after
placing the Purchase order for approval .However, delay in drawing submission schedule shall result
in invoking the provisions of LD clause and number of days by which the delay has occurred in
submission of drawings shall be reckoned as delay in delivery.

2.20 QUALITY ASSURANCE PLAN

2.20.1 The bidder should submit a copy of the quality assurance & inspection plan indicating hold points in
physical form at the time of drawing submission.

2.21 SUPPLY

2.21.1 Supply shall confirm to contract specifications.

2.21.2 Country of manufacture make/brand of the material shall be clearly stated.

2.21.3 Dimensional sketches and descriptive literature shall also be enclosed with the supply.

2.21.4 If the supply received does not conform to relevant IS the material will be straight away rejected at
the entire cost and risk of the supplier.

2.21.5 Purchaser reserves the right to get the material tested as per the test prescribed in the relevant I.S. and
if the material is not found upto the mark; the same will be rejected straight away at the risk and cost
of the supplier.

2.22 PERFORMANCE GUARANTEE

Successful bidder is required to submit the Performance Guarantee, 10% amount of the Purchase order
valid upto Guarantee period (clause no. 2.24 of CC) in the form of Bank Guarantee/FDR drawn in favour
of DELHI TRANSCO LIMITED which shall be deposited to Manager concerned at the time of
delivery, failing which it will be deducted from the bill. The Performance Guarantee amount in whole
or part thereof is liable for forfeiture in case of unsatisfactory performance of the material/equipment
supplied. The Performance Guarantee should be valid upto 18 months from the date of
delivery/commissioning of equipment as applicable.

However, in case of Power Transformer, the performance Guarantee shall be valid upto latent defect
guarantee period of five year from the date of commissioning of Power Transformer.

2.23 PACKING & DESPATCH

2.23.1 The contractor shall include and provide for strong protection and packing material so as to avoid
damage in the transit to suit under proper conditions and shall be responsible for all losses or
damages caused or occasioned by any defect in packing.

2.23.2 The contractor shall be responsible to get each consignment properly numbered, marked for handling
during transit and clearly addressed to Delhi Transco Limited, New Delhi and safely placed in
25
 wagons. For all such consignment which are wrongly addressed labeled or miscued, the contractor
shall bear such demurrage warfare or any other charges which may become due on the consignment
received.

2.24 GUARANTEE

2.24.1 Equipment shall be guaranteed for a period of 18 months from the actual date of
delivery/commissioning whichever is applicable as per tender document. During this period the
contractor shall replace or Repair (as the case may be) such defective material due to inferior quality
and to poor workmanship, free of cost.

2.24.2 The contractor shall also guarantee among other things the following:

a) Guaranteed Technical particulars of equipment.

b) Quality and strength of material used.

c) Adequate factors of safety for all part of the equipment to withstand the mechanical and/ or electrical
stresses developed there in under operation, conditions.
d) The efficiencies and temperature rises and performance data furnished for the equipment.
2.24.3 In case of Power Transformer, the performance Guarantee shall cover latent defect guarantee period
of five year from the date of commissioning of Power Transformer.
2.24.4 If it becomes necessary for the contractor to replace or renew any defective equipment under this
contract the provisions of this contract shall apply to the replacement until the expiration of six
months from the date of such replacement or renewal or until the period of twelve (12) months after
completion of test which ever may be later.
2.25 REGULATION OF LOCAL AUTHORITIES
` The Bidder shall throughout the continuance of the contract and in respect of all matter arising in the
performance thereof, comply, with all notices and obtain consent way leaves approvals as shall be
applicable to the work.
2.26.1 ARBITRATION
In case of dispute, question or controversy the settlement of which is not herein specifically provided
for shall at any time arises between the DTL and the Supplier/Contractor relating to this order contract
or any clause or things contained or the construction thereof or any matter connected with this &
contract/order or the portion of the same or the right or duties or liabilities of either party in every such
case, the matter in dispute shall be referred to the arbitration of Managing Director, DELHI
TRANSCO LIMITED or his nominees and the decision of MD (DTL) or his nominee shall be final and
binding on both the parties. The provision of Indian Arbitration & reconciliation Act 1996 as amended
from time to time shall apply to such arbitration proceedings. Arbitration proceedings shall be held at
Delhi and only Delhi courts will have Jurisdiction in the matter. It will not be open to the
contractor/supplier to object to the appointment of MD (DTL) or his nominee as arbitrator on the
grounds that he is an officer of DTL or has dealt with the matter-in question in the course of his duties
or has expressed his- views on all or any matter in dispute.
Services under this order/contract shall not withstanding the existence of any such dispute/
question/controversy continues during the arbitration proceedings and the payment due or payable by DTL
to the contractor or vice-versa shall not be withheld on account of such proceedings unless such
payments are the direct subject of such arbitration proceedings.

2.27 CONSTRUCTION OF CONTRACT

2.27.1 The contract shall in all respects be construed and operate in conformity with the view of the Indian
Union and all payment there under shall be made on Indian Rupees unless otherwise provided in
the contract.

26
2.27.2 The charges in respect of getting and execution of the contract documents shall be borne by the
contractor. The contractor shall be furnished with a stamped counterpart of the agreement.
2.28 PATENT
In the event of any claim demand being made or action being brought against the purchaser for
infringement or alleged infringement of letters patent in respect of any machine plant or thing used or
supplied by the contractor under this contract or in respect of any method using or working by the
purchaser shall notify the contractor immediately if any claim is made and contractor shall be at
liberty if he so desires with the assistance of the purchaser, if required but at the contractors own
expenses to conduct all negotiations for settlement of the same or by litigation that may arise there
from and provided that no such machine plant or things shall be used by the purchaser for any
purpose or in any manner other than that for which they have been supplied by the contractor and
specified under this contract.
2.29 LIABILITY FOR ACCIDENT & DAMAGES
The contractor shall be responsible for making good any loss, damages or depreciation to the materials
upto delivery at site. Purchaser in accordance with the contract shall issue report of damages or loss within
14 days of the application for the same.
2.30 DEATH, BANKRUPTCY
If the contractor dies or commits any act or Bankruptcy or being a corporation commences to wind up
except for reconstruction purpose or carryon its business under a Receiver, the Executors, Successors or
other representatives under the law of the state shall forthwith give notice thereof in writing to the
purchaser, for one month during which he shall take all reasonable steps to prevent stoppage of
supply/work and have option of carrying out the contract, subject to his or their providing such guarantee
as may be required by the purchaser by not exceeding the value of the supply/work for the time being
remained/ unexecuted. In the event of stoppage of the supply/work, the period of the option under this
clause shall be 14 days only, provided that above option to the contract not being exercised, by the
contractor and purchaser by notice in writing may exercise the same power, which the contractor could
exercise and shall have the same right which under the last proceeding clauses if the work had been taken
out of the contractor's hand under this clause.
2.31 CORRUPT OR FRAUDULENT PRACTICES
2.31.1 DTL requires that Bidders/Suppliers/Contractors, observe the highest standard of ethics during the
procurement and execution of such contracts. In pursuance of this policy, the DTL:

(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 anything 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 Employer/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 Employer/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, if it at any time determines
that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing this contract.

2.32 BLACK LISTING

If the supplier fails to supply the material in full or in part within stipulated delivery period specified in the
purchase order or material/equipment is found to be defective or failing to fulfill the Guaranteed
27
 Performance of the contract as specified in the Purchase Order, they may be debarred or black listed from
participating in future tender of DTL for the period upto 3 years.

2.33 PO AND PERFORMANCE CERTIFICATE

The Bidders shall furnish the details of their experience and statement of past/current supplies of
similar items to this tender. Photostat copies of order and performance reports of these items from
various State Electricity Boards/other Govt. Departments be given in physical form not later than
10:30 AM on the due date in the office of DGM(T)Material & Services, Ist Floor, Pre-
Fabricated Bldg., Rajghat, New Delhi.

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