NIT NO: WBPDCL/BKTPP/NIT/E2222/22-23

THE WEST BENGAL POWER DEVELOPMENT CORPORATION LIMITED

Bakreswar Thermal Power Plant
P.O. - BkTPP, District - Birbhum
Pin – 731104,WB, INDIA
Telephone: 03462-220346/8336903916
Email id: [email protected]/[email protected]

NOTICE INVITING TENDER

NIT NO: WBPDCL/BKTPP/NIT/E2222/22-23

INSTALLATION & COMMISSIONING OF ADVANCE WIRELESS COMMUNICATION

SYSTEM at BKTPP

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 NIT NO: WBPDCL/BKTPP/NIT/E2222/22-23

Tender is hereby invited by the General Manager Bk.TPP, WBPDCL for INSTALLATION & COMMISSIONING
OF ADVANCE WIRELESS COMMUNICATION SYSTEM at BKTPP
as mentioned in the list given below, through electronic tendering (e-Tendering).

Job: INSTALLATION & COMMISSIONING OF ADVANCE WIRELESS

COMMUNICATION SYSTEM at BKTPP

1. General Guidance for e-tendering

Interested bidders are requested to log on to the website https://wbtenders.gov.in. to participate in the bid.

2. Registration of Bidders
Bidders willing to take part in the process of e-tendering are required to obtain Digital Signature Certificate
(DSC) from any authorized Certifying Authority (CA) under CCA, Govt. of India. (viz. nCode Solution,
Safescrypt, e-Mudhra, TCS, MTNL, IDRBT ) or as mentioned in e-tendering portal of GOWB
https://wbtenders.gov.in. DSC is given as a USB e-Token. After obtaining the Class 2/3 Digital Signature
Certificate (DSC) from the approved CA they are required to register the Digital Signature Certificates through
the registration system available in the website.

3. Technical Description:

Sl. No. Item Code Item Description UOM Quantity

RADIOMODEM FOR WIRELESS COMMUNICATION
FORS/R & PF.
M02-C08-
1. RANGE: 700MTR. LOT 1
00026 Additional Data:
COVERING RANGE ONE(1) KILOMETER.

2. INSTALLATION & COMMISSIONING Lumpsum 1

4. Technical Pre-Qualification (PQR) of the Bidder as follows:

• The bidder should have carried out design / engineering,supply, erection / supervision of erection
&commissioning of plc based automation along with wireless system in any PSU / limited company within
last 5 years.
• Supporting copy of purchase order along with project completion document to be submitted by the bidder.

5. Annexure-I : Technical Specification

6. Other requirements:

a) WBPDCL-BKTPP reserves the right to accept/reject, any/all offer(s) without assigning any reason.

b) The bidder should submit the necessary reference list where they have supplied similar type of materials (as
mentioned in the Technical Description). To prove the experience of the bidders in successful execution of the
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similar type of job. Copies of the purchase order(s) within last 7 years reckoning from the NIT floating date should
be submitted in either of the following manners:
i) In Single (01) Purchase Order of value not less than – Rs. 3.34 lakh (Without taxes)

ii) In Two (02) Purchase Orders each of value not less than - Rs. 2.1 Lakh (Without taxes)

iii) In Three (03) Purchase Orders each of value not less than - Rs. 1.67 Lakh (Without taxes)

c) Valid dealership certificate should be submitted by the bidder whatever applicable.

d) Profit and Loss accounts and Audited Balance Sheets and Professional Tax Payment Certificate (PTPC)to be
submitted for each of the last three financial years up to FY 2020-21.

e) Average Annual Financial Turnover during last 03 (three) financial years i.e FY 2018-19, FY 2019-20 & FY 2020-
21 should be at least Rs 1.25 Lakh (Rupees one lakh twenty five thousand Only)

f) The bidder’s net worth in each of the last three (3) financial year (viz. year 2018-19, 2019-20 & 2020-21) should be
positive.

7. Earnest Money
i) Amount of Earnest Money: Rs.8,400/- (Rupees Eight thousand four hundred only)

ii) Mode of Payment of Earnest Money:

EMD have to be submitted ONLINE through this portal. It may be noted here that the bank processing may
take some time, and bidders shall not be allowed to upload bid documents until and unless EMD amount is
deposited through the portal. So the bidders should submit EMD well ahead of the last date of submission
of EMD. BG will also be accepted through online mode.

No tender will be entertained without Earnest Money, if not exempted.

iii) No interest is payable on the EMD (Earnest Money Deposit).

iv) Earnest Money submitted will be liable to forfeiture, if successful Bidder fail to execute the Purchase
Order (PO) within delivery period mentioned in the PO.

v) Exemption of Earnest Money :

a) SSI Units registered with NSIC/ MSME are exempted from deposition of EMD in form of
Demand Draft (DD) / Bank Guarantee (BG). Small-scale industries seeking such exemption must
enclose valid registration certificate from appropriate Govt.Authority. In case of NSIC/MSME/SSI,
attested Photo copy of valid Exemption Certificate (Current) EITHER to be submitted in a sealed
envelope in Office of the Sr.Mgr (Purchase), Bakreswar Thermal Power Plant, P.O. BkTPP, District:
Birbhum, Pin-731104, within stipulated date (mentioned under heading Schedule of Dates for e-
Tendering) prior to the declared tender opening date (technical part) in lieu of EMD OR the same may be
uploaded in the “EMD Fee Details” cover of the bid itself OR both may be done if the Bidder wishes so.

b) However, necessary relaxation in Bank Guarantee amount may be allowed to the bidder, if they are
governed by any particular Circular / Administrative order for a definite period coverable within the scope of
the contract, on production of supporting documents. Original order of relaxation is to be shown if required.
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 NIT NO: WBPDCL/BKTPP/NIT/E2222/22-23
The date of validity should be clearly recognizable from the certificate and if any doubt arises,
WBPDCL may disqualify the bidder.

vi) Procedure of submission of Earnest Money:

EMD may be submitted ONLINE through this portal. It may be noted here that the bank processing
may take some time, and bidders shall not be allowed to upload bid documents until and unless EMD
amount is deposited through the portal. So the bidders should submit EMD well ahead of the last date
of submission of EMD BG will be accepted.

a) In the payment mode of the portal, online mode is to be selected and against Online Banks, both
ICICI Bank and ICICI NEFT / RTGS modes are to be selected.

b) EMD amount (deposited online) of the unsuccessful bidders, shall automatically be returned to the
respective debited accounts.

c) Same methodology shall be followed in case of rejected bids as mentioned in (b) above.

d) In case of cancellation of the tender, the deposited EMD amounts shall be returned to the
respective bidders following the procedure as mentioned in (b) above.

e) For NEFT / RTGS the agency must complete the transaction procedure at least 48 [FOURTY
EIGHT] hours before the "BID SUBMISSION END DATE ".

Where Bank Guarantee is submitted as EMD, Bank Guarantee with validity upto 6 (six) months from the due
date of Tender submission (i.e., the last date of submission of bid) and with a claim period of another 3 (three)
months. No Claim of interest on EMD shall be entertained by the corporation.
(BANK DETAILS: Our Banker is Punjab National Bank , BkTPP Branch, IFSC Code No.: PUNB0148920,
P.O.: BkTPP, Birbhum, PIN: 731104, West Bengal, P&T No.: 03462-220230) Exempted mode of the portal is to
be selected and scanned copy of Bank Guarantee is to be uploaded. Original copy of the Bank Guarantee is to
be submitted by the bidder to the respective unit by hand or through post 48 hours prior to opening of the bid,
failing which the bid may be rejected.

8. Collection of Tender Documents:

Tenders are to be submitted online and interested bidders will have to download the tender documents
from the website https://wbtenders.gov.in directly with the help of the e-Token provided. This is the only
mode of collection of tender documents. Details of submission procedure are given below.

9. Submission of Tenders
Note: Tenders will be summarily rejected if any item in the statutory cover is missing.
a) Tenders are to be submitted online through the website https://wbtenders.gov.in. All the documents uploaded
by the Tender Inviting Authority form an integral part of the bid. Bidders are required to upload all the tender
documents along with the other documents, as asked for in the tender, through the above website within the
stipulated date and time as given in the Tender.
b) Bidders must submit the Tenders in Three (03) covers i.e. “EMD Fee Details” “Technical”, & “Financial”.
Bidders must download tender specific documents (NIT/SBD, BOQ etc) from https://wbtenders.gov.in,

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 NIT NO: WBPDCL/BKTPP/NIT/E2222/22-23
prepare the required documents and upload the scanned documents in Portable Document Format (PDF) to the
portal in the designated locations.
c) The Bidders need to fill up the rates of items in the BOQ, downloaded for the supply, in the designated cell of
the BOQ spreadsheet and upload the same in designated location of “Finance” cover.
d) The documents uploaded must be scanned against any virus and digitally signed using the Digital Signature
Certificate (DSC). Bidders should specially take note of all the addendum/corrigendum related to the tender
and upload the latest documents as part of the tender.
e) The Bid and other documents uploaded by the bidders should be in English language only. All measurements
will be in S.I. unit and Currency should be in INR (Rs.).
f) Any Bid which is incomplete, ambiguous, or not in compliance with the Bid Document is liable to be rejected.

10. Submission/Upload of EMD (Statutory Documents)

(To be submitted in EMD FEE DETAILS Cover)
The following documents in standard format are to be uploaded in EMD FEE DETAILS Cover in a Single PDF
file:
a) Earnest Money Deposit (EMD) - Scanned copy of online submission documents / Valid Exemption
Certificate/BG as prescribed in the NIT, is to be digitally signed & uploaded.

 If a bidder fails to upload a valid Exemption Certificate, his bid will stand rejected and tender
documents will not be opened.

11. Technical Proposal (Statutory Documents)

(To be submitted in Technical Cover)(To be merged in a Single PDF File)
The following documents in standard formats must be uploaded in Technical cover:
a) PQR documents in support of Bidders’ qualification.

b) Notice Inviting Tender (NIT)/ Standard Bid Document (SBD) – The NIT/SBD as published is to be
downloaded, then digitally signed and uploaded.

c) Technical Offer /Technical Doc along with Technical compliance & BOQ sheet in un-priced format.

d) Addenda/Corrigenda: if published.
Bidders are to keep track of all the Addendum/Corrigendum issued with a particular NIT and upload the
download copies of the above documents and merge the Addenda/Corrigenda with respective NIT/SBD in
the NIT/SBD cover. Tenders submitted without the Addendum /Corrigendum may be rejected.

Note: Tenders will be summarily rejected if any of the above items in the statutory cover is missing.

12. Submission/Upload of Non-Statutory Documents (To be merged in a Single PDF File)

Following documents are to be uploaded along with the Bid in Technical Cover

a) Certificates:

PAN & IT return for FY 2018-19, FY 2019-20 & FY 2020-21.

PTPC (Professional Tax Payment Certificate) if applicable.

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 NIT NO: WBPDCL/BKTPP/NIT/E2222/22-23

Documentation regarding GST viz. valid 15-digit Goods and Services Taxpayer Identification Number
(GSTIN) under GST Act’2007

b) Company Details
Valid Registered Deed for the Firm / Consortiums from Registrar of Assurances has to be uploaded

Application for registration will not be considered. However in cases where the applicant is yet to receive
registration certificate from , the applicant is to submit an affidavit along with the application pledging that
“the registration certificate of the Consortium/Partnership firm would be submitted before the Tender
Inviting Authority before the acceptance of his bid by the competent authority in case he is found lowest.” If
he fails to submit the registration certificate within the stipulated time, his bid will not be accepted till the
submission of the certificate. In case of inordinate delay in submitting the document his bid is liable to be
rejected and his EMD deposited will stand forfeited to Government. Any change in the constituents of the
consortium/ firm should also be registered from the Registrar of Assurances prior to the date of application of
tender otherwise his bid will be rejected.

c) Trade License for Proprietorship Firms:

i. Memorandum of Articles for Limited Companies.
ii. Society Registration, Audit report, ARCS Certificate and Bye-Laws for Cooperative Societies.

d) Balance Sheet:
Audited Balance Sheets of last three financial years (2018-19, 2019-20 & 2020-21) with auditor's certificate
regarding annual turnover from contracting business in each year. Bidders whose annual turnover is less than 1
Crore shall need to submit payment certificates obtained from clients and IT submission certificates for the
corresponding years if audited balance sheets are unavailable. (If the company was set up less than three years
ago, audited balance sheet for the no of years since inception is to be submitted)

e) Addenda/Corrigenda: if published.
Note: Bidders are to keep track of all the Addendum/Corrigendum issued with a particular NIT and upload the
download copies of the above documents and merge the Addenda/Corrigenda with respective NIT/SBD in the
NIT/SBD cover. Tenders submitted without the Addendum /Corrigendum may be rejected.
f) Others: Any other documents found necessary.
i) Copy of minutes of Pre bid discussion duly signed by the bidder.
ii) Undertaking for blacklisting: Bidder must submit an undertaking letter that they are not blacklisted in any
organization during the last 2(two) years from the date of tender.

Note : Failure of submission of any one of the above mentioned documents may render the tender
liable to summary rejection.

13. Financial Proposal

(To be submitted in “Finance” Cover)
The financial proposal should contain the Bill of Quantities (BOQ). The bidder is to quote the rate in the space
/cell marked for quoting rate in the BOQ (Only downloaded copies of the above documents are to be uploaded,
virus scanned and digitally signed by the bidder). It is to note that Non submission of this sheet in Financial
Bid or Partial Quoting will lead to the rejection of the Bid. The following points are to be maintained in case
of filling the BOQ sheet.

It is to note that only the Basic Rate column of the BOQ gets multiplied with the Quantity column. No other
column gets multiplied with the Quantity column.

In case of inserting values to other columns (i.e. GST), Total amount for that item to be inserted (i.e. as
mentioned in the previous point, the values of other columns except Basic Rate column will not get
multiplied with the Quantity column).
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 NIT NO: WBPDCL/BKTPP/NIT/E2222/22-23

E.g.: If the Quantity of one particular item is given as 100 No in the BOQ, then the bidder should insert the
rate for the single (i.e. 1 No.) quantity of that item in the Basic Rate column whereas any other column (i.e.
GST) should contain the total amount applicable for total quantity of that item (i.e. 100 No as per example
scenario).

14. Conditional and Incomplete Tender

i. Conditional and incomplete tenders are liable to be summarily rejected.

ii. Bidder must quote for all items mentioned in BOQ. BOQ sheet with all cells filled up must be submitted in
Financial Bid. Non submission of this sheet in Financial Bid or Partial Quoting will lead to the rejection
of the Bid.

iii. The offer must accompany the Earnest Money/Exemption certificate(s), failing which it will be summarily
rejected.

iv. Bidders are advised not to submit any Deviation sheet from the terms & conditions mentioned in the
NIT. Bids with any deviation, whatsoever, are liable to be rejected.

v. The WBPDCL, at its discretion, may ask the Bidder to furnish the original copies of the documents submitted
with bid or any other relevant documents for its scrutiny during evaluation of Bidder’s bid. If any bidder fails to
produce any original hard copies of the documents asked in PQR, Order copy or any other documents on
demand of the Tender Evaluation Committee within a specified time frame or if any deviation is detected in the
hard copies from the uploaded soft copies, it may be treated as submission of false documents by the bidder and
action may be referred to the appropriate authority for prosecution as per relevant IT Act.

vi. All the uploaded documents will have to be attested by the bidder with official seal of the agency/ company and
digitally signed.

vii. The Corporation reserve the right to accept / cancel any or all tenders without assigning any reason whatsoever.
The corporation does not bind itself to accept the rate quoted by the lowest bidder and reserves the right to
accept or to reject any or all the tenders or to split the whole work for entrusting the same to more than one
agency / company.

viii. The bidder is expected to carefully examine the Bid documents and fully satisfy himself as to all the condition
and matters, which may in any way affect the work or the cost thereof. If any Bidder finds discrepancies or
omissions in the Bid documents or is in doubt as to the true intent or meaning of any part thereof, he can submit
his query within the date stipulated in the NIT for further clarification. Any query for clarification in the above
respect after the submission of bid shall not be entertained. After receipt of such interpretation or clarification
the Bidder shall submit his Bid within the time and date as specified on the invitation to BID. ALL such
interpretation and clarification shall form an integral Step of the tender documents and must accompany the bid.

ix. Verbal clarification and information given by owner or his employees or representatives given not be in any
way binding on the owner.
x. All the expenses, incidental to the submission of the tender, discussion, conferences, if any, shall be borne by
the bidder irrespective of whether the tender is accepted or not and the WBPDCL shall be borne by the bidder
irrespective of whether the tender is accepted or not and the WBPDCL shall bear no liability whatsoever on
such expenses.

xi. The tender submitted by a bidder shall become the property of the WBPDCL and The WBPDCL shall have no
obligation to return the same to the Bidder for any reason whatsoever.

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15. Bill of Quantity (BOQ)
Vendors are requested to go through the uploaded BOQ sheet for detailed description.

Note: Bidder must fill up & submit this BOQ sheet with all cells filled-up. Non-submission of this sheet or
partial quoting of the same will lead to rejection of the bid. For details go through point No. 13 of the NIT
(Heading: Financial Proposal).

16. Opening of Technical Proposal

i. Before opening of Technical Cover, EMD Fee Details cover will be opened and if it is found that the bidder(s)
who didn’t submit the EMD Physically (Bank Guarantee (BG) or Exemption Certificate) had also failed to
Upload the attested copies of Exemption Certificate in the same (In case of Bank Guarantee (BG), it has to be
submitted physically first), his/their bid(s) will/shall be summarily rejected.

ii. Technical proposals will be opened by the General Manager, BkTPP or his authorized representative
electronically from the website stated in Clause 1, using their Digital Signature Certificate.

iii. Technical proposals for those tenders whose original copies of BG (submitted physically) or attested photo
copies of Exemption Certificates (physically submitted or uploaded in EMD Fee Details cover) towards
EMD have been received will only be opened. Proposals corresponding to which the EMD have not been
received will not be opened and will stand rejected.

iv. Technical Cover (Statutory Documents) would be opened first and if found in order, Cover for Non-statutory
Documents will be opened. If there is any deficiency in the Statutory Documents, the tender will summarily be
rejected.

v. Decrypted (Transformed into readable formats) documents of the Non-statutory Cover will be downloaded, and
handed over to the Tender Evaluation authority.

17. Uploading of Summary List of Technically Qualified Bidders

i. Pursuant to scrutiny and decision of the Technical Evaluation authority, the summary list of eligible
bidders for which their Financial Proposals will be considered will be uploaded in the web portals.

ii. While evaluation, the Committee may summon of the Bidders and seek clarification / information or additional
documents or Original Hard Copy of any of the documents already submitted and if these cannot be produced
within the stipulated timeframe, their proposals will be liable for rejection. Hard copy of any of the documents
already submitted and if these cannot be produced within the stipulated timeframe, their proposals will be liable
for rejection.

18. Opening and evaluation of Financial Proposal

i. Financial proposals of the Bidders declared technically eligible by the Tender Evaluation authority will be
opened electronically from the web portal on the prescribed date, normally after one working day after the date
of publication of final summary list of the Bidders.

ii. The encrypted copies will be decrypted and the rates will be read out to the bidders present at that time of bid
opening.

iii. Bid evaluation will be on the basis of landed cost that is inclusive of tax.

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iv. After evaluation of Financial Proposal, by Tender Evaluation Authority, the final summary result, name of
bidder and the rates quoted by them against supply and delivery of material will be uploaded.

v. The Tender Accepting Authority may ask any of the Bidders to submit analysis to justify the rate quoted by that
tenderer.

vi. The WBPDCL reserves the right to accept any tender or reject any or all the tenders or cancel or withdraw the
invitation for tender without assigning any reason whatsoever. Such decision taken by the WBPDCL shall not
be subject to raise any question by any bidder and The WBPDCL shall bear no liability consequent upon such
decision and the bidder shall have no claim in this regard against The WBPDCL.

vii. Evaluation by The WBPDCL shall be based on the documents as uploaded by the bidder as per the tender
clause. The requirements as stipulated in the tender documents are the minimum ones The WBPDCL has the
right to ask for any additional information, if necessary, in case the documents uploaded by the bidder are
found inadequate. The WBPDCL reserves its right to reject any tender, if the bidder is found not qualified to
perform the work satisfactorily. The WBPDCL reserves the right to reject any tender, at any stages, if the
bidder is found not qualified to perform the work satisfactorily. The WBPDCL reserves the right to reject any
tender, at any stage, if the bidder is found to have become qualified by giving incorrect and/or false
information. The WBPDCL does not bind itself to accept the lowest and also reserves the right to split the work
amongst more than one bidder.

viii. Notwithstanding anything stated above or elsewhere, The WBPDCL reserve the right to assess the capability
and capacity of the bidder, should the circumstances warrant such assessment in the overall interest of the
WBPDCL.

19. The scope of supply

The scope of supply, if not otherwise mentioned on the Contract Document, shall be on the basis of a
single Contractor’s responsibility, completely covering all the equipment specified under the
accompanying Technical specifications. The Works include the following:-

a) Detailed design of all the equipment /components as per Specifications.

b) Complete manufacture of all the equipment including shop assembly and testing as per Specifications for
satisfactory execution of the Contract.

c) Providing engineering drawings, data etc. for the Owner’s approval.

d) Packing and transportation of the Goods from the manufacturer’s works to the Site including insurance
coverage.
All Works shall be done as approved by the Owner.

20. Bid Validity

Bid shall remain open for acceptance by the Owner for a period of One hundred Eighty (180) days from the
last date of opening of the Bid. During this period the Bidder shall not withdraw or amend his Bid. The quoted
prices shall remain firm till completion of the contract.

21. Acceptance of Tender

Bidders must quote for ALL items mentioned in BOQ sheet. Bids with Lowest valid rate (i.e. landed cost
inclusive of tax) should normally be accepted. However, the Tender Accepting Authority does not bind
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himself to do so and reserves the right to reject any or all the tenders, for valid reasons and also reserves the
right to split the order, alter the quantity of any or all Bidders without assigning any reason whatsoever.

22. Return of Earnest Money Deposit

a) EMD amount (deposited online) of the unsuccessful bidders, shall automatically be returned to the
respective debited accounts.
b) Same methodology shall be followed in case of rejected bids as mentioned in (a) above.
c) In case of cancellation of the tender, the deposited EMD amounts shall be returned to the respective
bidders follow in the procedure as mentioned in (a) above.

However, the EMD of the successful bidder will be returned, after execution of the Purchase Order.

23. Payment
80% payment will be made against Store Receipt Voucher (SRV) after receipt of material at BkTPP O&M Central
Store.10% payment will be released after completion of successful Installation and Commissioning and remaining
10% will be released after submission of Performance Bank Guarantee. Part payment against part delivery will not be
allowed.

24. Rejection
During inspection, if any material found to be rejected, then the rejected material/s has to be lifted by the vendor at
their own cost after suitable adjustment of quantity within 45 days from the date of issue of rejection letter. After that
WBPDCL will not take any responsibility of those materials.

25. Material Inspection:

Inspection will be done by the Representatives of Controlling Officer of CHP-EM at Central Store of BKTPP.

26. Delivery Period

Four (04) Months from the date of P.O.

27. Job Completion:

Three (03) to Four (04) Months from the date of Delivery of Items at BkTPP Store.
At the time of Execution the said job is to coupled-up with E-chain Installation & Commissioning towards successful
completion.

28. Termination & cancellation:

(a) Contract is liable to be terminated if not executed as per NIT & Order Clauses.
(b) In case the contractor is unable to honour important stipulations of the contract, or gives notice of his
intention of not honouring or his inability to honour such a stipulation, a breach of contract is said to have
occurred.
(c) Termination/Cancellation will be done as per guidelines prevailing at that time.

29. Price
Prices are Firm and are based on F.O.R- BkTPP Central store (O&M) inclusive of all extras like packing,
forwarding, freight and transit insurance charges etc but excluding GST.

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30. Despatch Instruction
The material should be dispatched through authorized Govt. transporter on freight paid basis (if applicable).
Inward Road Permit/Waybill/e-waybill will be under the scope of supplied vendor and outward Road
Permit/Waybill/ e-waybill (if any) will be under the scope of WBPDCL.

31. Transportation/Loading and Unloading

Transportation, Loading at contractor’s site and unloading at BkTPP site, arrangements of the materials will have to be
arranged by the successful tenderer at his own cost. However, necessary handling facility available at site will be
provided by the site authority at free of cost.

32. Materials and Workmanship for Manufacturer

All Goods to be supplied and all work to be done by the contractor under the Contract shall be
manufactured and executed in the manner stipulated in the specifications. The Contractor shall use the best
available materials for the Works. These materials shall be of recent manufacture, free from defects and imperfections
and unused.

33. Risk Purchase

The time for delivery stipulated in the Contract shall be deemed to be essence of Contract. In case the
Contractor fails to deliver/despatch any consignment within the stipulated time, the Owner should be entitled to
procure such consignments and items on account and risk of the Contractor.

34. Performance Guarantee cum Security deposit for Due Performance of the Contract:
Party shall have to furnish BG of 10% value of the order in lieu of performance guarantee, which will remain
valid up to guarantee period with a claim period of further three months from the date of receipt of the last
consignment.
The Performance BG/Security Deposit shall provide for payment there from of any claims and/or damages
due to the Owner for failure of the Contractor to meet his obligations under the Contract. The performance
Guarantee is, as stated by its terms to be payable on demand of the Owner when anyone of the following
conditions arises:

The Contractor is in breach of the Contract and fails to remedy the breach within thirty (30) days after
receiving a written notice from the Owner requiring him to do so. The notice shall state the intention to claim
under the Performance Guarantee,
Or
The Owner has obtained an award in arbitration and the amount awarded has not been paid within thirty (30)
days after the award,
Or
The Contractor has gone into liquidation or has been declared bankrupt,
Or
Any other reason which may adversely affect the contractual obligations of the Contractor.

In every case the Owner shall, when making the claim, send a copy thereof to the Contractor.

Performance Guarantee is intended to secure the satisfactory performance by the Contractor of the entire
Contract. No payment shall be made till submission of Performance BG/Security Deposit as per the
terms of the contract. The total refund to the BkTPP will be compensated in terms of free supply of
materials of equivalent value.

35. Warranty / Guarantee

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All materials shall be new and in accordance with the Contract Documents, all supplied materials shall be free
from any defect due to faulty design, materials and / or workmanship. All supplied materials should be guaranteed for
twelve (12) months from the date of commissioning or eighteen (18) months from the date of supply, whichever is
earlier. The vendor should ensure fitment of supplied materials at existing position without any modification.

36. Liquidated Damages (L.D.)

If the materials are not delivered within the date as specified in the contract and as the time is the essence of
the contract, The WBPDCL has every right without any prejudice to any other clauses to terminate the order the
forthwith and to allot the same to any other Agency, for supplying the materials and in that case you will be
fully liable to compensate the loss that may occur to the WBPDCL on that account.

If the materials are not delivered within the date as specified in the contract, LD@1/2% of the value of
undelivered portion of the ordered material will be deducted from your bill for each and every week of
delay or part thereof limited to an amount equal to 10% of the total value of the order.

If the Installation and Commissioning is not completed within three (03) to four (04) months from the date of
delivery of Items at BkTPP Store then sum equivalent to 0.5% of the value of delayed work for
each week of delay and part thereof subject to a maximum of 10% of the total value of order.

The imposition of above LD is however, subject to the force majeure conditions such as strike, fire hazard, flood,
earthquake, epidemic etc. for which the contractor shall have to serve a notice to WBPDCL within ten (10) days
from the date of occurring of such happening with proper documents issued from appropriate authority for
consideration.

37. Force Majeure

Force Majeure is herein defined as (1) any cause which is beyond the control of the Contractor or Purchaser as
the case may be (2) natural phenomenon, including but not limited to floods, draughts, earthquakes and epidemics, (3)
acts of any government authority Indian or foreign, including but not limited to war, quarantines, embargoes, licensing
control or production or distribution restrictions, (4) accidents and disruptions, including but not limited fires,
explosions, (5) transportation delay due to force majeure or accident (6) strikes continuing for more than three (3)
weeks and sabotage.
The contractor shall not be liable for delay in performing his obligations resulting directly or indirectly from any
force majeure cause as referred to and defined in paragraph above. Either party shall within seven (7) days from the
occurrence of such a Force majeure causes notify the other in writing of such cause. Delivery schedule/ Work
Schedule shall subject to as herein after provided be extended for a period equal to the time lost for such activity by
reason of any such causes or at the option of the Owner the Contract may be cancelled. If the Owner is the canceling
party, the question whether he shall pay any cancellation charges and if so the amount of such charges shall be
decided by arbitrator as herein provided. If the Contractor is the canceling party, the Purchaser shall not be obliged
to pay any cancellation charges. All the provisions of this Clause shall apply whether the disrupting cause is total or
partial in its effect upon the ability of the contractor to perform. Performance to continue: upon the occurrence of any
circumstances of any Force Majeure, the Contractor shall endeavour to continue to perform his obligations under the
Contract so far as reasonably practicable. The Contractor shall notify the Engineer of the steps he proposes to take
including any reasonable alternative means for performance which is not prevent by Force Majeure. The Contactor
shall not take any such steps unless directed so to do by the Engineer.

38. Settlement of Dispute

Except as otherwise specifically provided in the Contract all the disputes concerning questions of the fact
arising under the contract shall be decided by the Purchaser subject to a written appeal by the contractors to the
Purchaser, whose decision shall be final to the parties hereto.

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 NIT NO: WBPDCL/BKTPP/NIT/E2222/22-23
Any disputes or differences including those considered as such by only one of the parties arising out of or in
connection with the Contract shall be to the extent possible settled amicably between the parties.

39. Arbitration
If any dispute or differences of any kind whatsoever shall arise between the Owner and the Contractor, arising
out of the Contract for the performance of the work whether during the progress of the Work or after its completion
or whether before or after the termination, abandonment or breach of the Contract, shall be settled amicably. If ,
however, the parties are not able to resolve the disputes amicably, shall be settled by Arbitration under sole Arbitration
in accordance with the Rules of Arbitration of the Indian Council Of Arbitration and the conciliation & Arbitration
Act 1996 and the award in pursuance thereof shall be binding on the parties. The venue of arbitration shall be in
Kolkata.
Performance of the Contract shall continue during arbitration proceeding unless the purchaser shall order the
suspension thereof or any part thereof and if any such suspension shall be added to the Contract Price. No payments
due or payable by the Purchaser shall be withheld on account or a pending reference to arbitration.

40. Blacklisted/Debarred: If any bidder is Blacklisted/debarred from any Government department/PSUs/Other

Government Agencies, they are not allowed to participate in the Tender. If participated, then their bid will be
summarily rejected.

41. Jurisdiction and Governing Laws

The Contract shall be governed by Indian Laws. The court of Kolkata shall have the exclusive jurisdiction in
all matters under the Contract.

42. Literature/Manual
Descriptive Literature/Manual/Datasheet of the products is to be produced along with the Offer.

43. Paying Authority:

DGM(F&A)/ Sr.Manager (F&A), BkTPS WBPDCL, Contact no: 8336903712(M), Email: [email protected]

44. Controlling Officer:

Manager (CHP-EM), Bk.TPS/WBPDCL,

45. Schedule of Dates for e-Tendering:

Sl. No. Activity Date & Time

01. Publishing Date 04.10.2022 at 13.00 hrs
02. Document Download start date 04.10.2022 at 13.30 hrs
03. Bid submission start date 04.10.2022 at 14.30 hrs
04. Bid submission end date 18.10.2022 at 15:00 Hrs.
05. EMD physical submission date 18.10.2022 at 17:00 Hrs.
06. Technical Bid opening date 20.10.2022 at 18:00 Hrs.

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 NIT NO: WBPDCL/BKTPP/NIT/E2222/22-23

Page 14 of 14 Signature Not Verified

Digitally signed by SUNITA TAMANG
Date: 2022.10.03 11:38:47 IST
Location: West Bengal-WB