Tender Specification: Index
Tender Specification: Index
Tender Specification: Index
TENDER SPECIFICATION
(PURCHASE)
[Er. M. Chaturvedi]
SUPERINTENDING ENGINEER (P&W)
SGTPS, MPPGCL, BIRSINGHPUR
DISTT. - UMARIA – 484 552
“S A V E E L E C T R I C I T Y”
OFFICE OF THE SUPERINTENDING ENGINEER (P&W)
Sanjay Gandhi Thermal Power Station,
M.P. Power Generating Company Ltd.
Birsinghpur (M.P.) 484 552
INDEX
Sl. No. Particulars Page No.
NOTE: As per notification of GOI, all the taxes (ED/CST/ST/VAT) have been subsumed by GST.
Therefore GST will be applicable as per norms.
GENERAL INSTRUCTIONS TO BIDDER/TENDERER
4. Requirement to read the Tender Specification by Bidder : The tenderers are requested
to go through all the contents of Tender specification before preparing their tender/bids for
submission.
5. Bids received through Messengers: This tender is being processed though e-tendering
system only. However, if the bidder is submitting the Bank guarantee against EMD then the
hard copy of Part-I, i.e., EMD in the form of Bank Guarantee shall be physically submitted in
a sealed envelope super-scribing “EMD for tender No./NIT no due on dated….. ” . The
tenderer’s EMD in the form of Bank guarantee in physical form shall be accepted up to the
time as specified in NIT till the due date & time of opening against each tender. Bank
Guarantee submitted will be acceptable and considered, if, same are uploaded on the
website along with tender offer. Please visit the website www.mptenders.gov.in regularly for
viewing detailed NIT, downloading tender documents and participating in Electronic Tenders,
and also for any clarifications and/or due date extension or corrigendum. The documents
are to be submitted in digital form only except in case of Bank Guarantee towards EMD. The
tender shall be opened on time/date as specified in NIT in presence of bidders or their
authorized representative who so ever present.
6. Delayed-Late Bids
(a) The bidders should ensure to submit online bid well before the “bid submission end
date” so as to avoid last minute rush for bid submission, only digitally signed online
bids shall be considered.
(b) The physical tender documents (In case of Bank Guarantee) received after due
date and time of submission shall not be accepted on any pretext whatsoever,
even though, the process of opening and reading of offers is not completed.
(1)
7. Alternative Bids
Bid should be submitted as per intent of tender documents, as alternative offers are
liable to be rejected. MPPPGCL reserves the right to reject all such alternatives not
indicated in tender specifications and may not discuss merits/demerits of such bids.
8. Mistakes in Bids
Rates should be quoted in figures and words. Any variation in rates will not be allowed
on any ground, such as mistakes, overwriting misunderstanding, etc. In case of
divergence between rates in figures and words, it will be considered to read the rates
most favorable to MPPGCL. Such offers can also be rejected.
12. Incomplete Bids :Tender which is incomplete, obscure or irregular is liable for rejection.
15. Disqualifications of Bids : Tenderer will not be permitted to change the substance of his
tender on post interpretation/improper understanding grounds. This includes post
tender price changes/modifications etc. after opening of price Bid. In such events,
otherwise, that is, when a bidder does not comply, tender will be rejected.
16. (A). Earnest Money-Essential :
No tenders shall be accepted without deposit of Earnest Money (EMD) in the
proper form, unless otherwise exempted.
18. Sales Tax clearance certificate : A tender may not be considered unless accompanied by
Sales Tax clearance in the form prescribed for the purpose by the Govt. Department.
NOTE: As per notification of GOI, all the taxes (ED/CST/ST/VAT) have been
subsumed by GST. Therefore GST will be applicable as per norms
(2)
19. Filling of Questionnaire is essential : Schedule ‘A’, ‘B’ & ‘C’ of Questionnaire along with
deviation are enclosed for technical/commercial details. It is obligatory on the part of
the tenderer to furnish all details as per the schedules and Questionnaire in original
sheet. In case, these are not filled up and uploaded with the other documents of the
offer, then Bid may be rejected.
b).It shall be duty of the tenderer to ensure that he categorically mentions that the
terms & conditions laid in the specification are acceptable to him even if he has no
comments against any of the particular terms & conditions stipulated by the MPPGCL,
failing to which it shall be presumed that terms & conditions are acceptable to him as
specified.
c).The tenderer shall also ensure that price / rates are given strictly in accordance with
the proforma and the information as sought for, is furnished as per terms & conditions
of the specification.
(3)
24. Process of Evaluation of Commercial/Technical Bid and Opening of Price Bid.
After opening the first part, the deviations, if any, proposed by the tenderer in regard to
the Commercial and Technical Bid as per the prescribed sheets given in the tender
documents, at a later date shall be discussed and shall be notified and clarification shall
be submitted by the tenderer within the time stipulated. As a result of discussions and
clarification obtained in writing on technical and commercial matters, the tenderers
shall be free to indicate the effect of such changes on their prices with proper
justification and submit “Letter of effect of price on original quoted price” in a sealed
envelope super scribed “Letter of effect of price on original quoted price” within
specified time, to take care of any deviation/alterations on account of changes in
commercial and technical matters. However, the tenderer shall not be allowed to
change their original price bid. In case clarifications are not submitted by the tenderers
within the time specified by the MPPGCL, the MPPGCL reserves the right to refuse to
open the price-bid. Further, in case, it is also found that in spite of clarification on
technical and commercial matters, the offer does not come to a desired specified level,
the MPPGCL may not open the price bid at its discretion. The tenderers shall, therefore,
have to ensure that their tenders are in conformity with the specification. In the event,
after submission of clarification on technical and commercial matters, the bidder fails to
submit a letter of effect of price on original quoted price, then it shall be presumed that
he does not want to revise his original bid. In his own interest therefore, it is necessary
for the bidder to submit a “letter of effect of price on original quoted price” in the
sealed cover, stating that inspite of clarifications he does not want to revise his original
bid. This will avoid all confusions. Otherwise, failing to do so, MPPGCL presumption as
stated above shall stand as binding. The date of opening of “Part-IV Price Bid shall be
notified to the bidders awhose bids are found to be commercially and technically
acceptable. Decision of the MPPGCL in this respect shall be final.
25. Canvassing of Bids
Tenders shall be deemed to be under consideration after opening of tender/bid and
until such time official announcement of order is made. During this period the
Tenderers or their authorized Representative or other interested parties are advised
strongly in their own interest, to refrain from contacting by any means any of the
Companies personnel or Representative on matters relating to tender under study. The
Company, if necessary, will obtain clarification about technical or commercial terms by
requesting for such information from any or all of the Tenderers in writing.
(4)
29. Destinations – here materials are required
The material as per the specifications, are required for various Thermal Power Stations
of M.P. Power Generating Company Ltd. Brief description of the power station is given
below:
Sanjay Gandhi Thermal Power Station, Birsinghpur
It has installed of 1340MW i.e. 4 x210MW +1x500MW units. It is located at
Birsinghpur, Pin 484 551 about 12 Kms. from Birsinghpur Railway Station, which
is situated on Katni- Bilaspur Section of South Eastern Central Railway, By Road it
is about 40 Kms. from Shahdol (M.P.)
(5)
GENERAL TERMS AND CONDITIONS
1. Submission of Tenders
The e-bids are invited through online mode only on e-procurement portal
www.mptenders.gov.in as per the technical schedule enclosed and in accordance with
various terms and conditions of tendering from actual manufacturers and/or their
authorized stockiest must reach this office within the specified time and date.
2. Earnest Money
(i). The tenderer shall deposit the Earnest Money amount as indicated in the NIT.
(ii) The tenders are permitted to quote for any of the items covered in tender but for
full quantity only and pay earnest money as indicated in the NIT. If the earnest
money amount is found to be less than required for corresponding value of the
materials offered, then offer shall be rejected.
(iii) Earnest money shall be in the form of Permanent Bank Guarantee for the
purposed of EMD of schedule bank drawn in favour of Senior Accounts Officer,
SGTPS, MPPGCL, Birsinghpur, or by Bank Guarantee {(BG) which shall be
submitted on stamp paper worth amounting to 0.25% of the BG value of the
supply, subject to maximum of Rs. 25,000/- and minimum Rs 500/-} as per the
enclosed format. For supply contracts, the EMD validity shall be up to 180 days
from the next day of the final bid submission date i.e. bid deadline and with a
claim period of another thirty (30) days Offer will not be accepted without Earnest
Money Deposit unless exempted by the MPPGCL.
If on opening of tender, it is revealed that EMD amount is inadequate/any other
discrepancy is noticed, then tender shall not be opened and shall be returned to the
tenderer, without assigning the reason whatsoever may be.
The following are exempted from payment of Earnest Money Deposit.
a) S.S.I/MSME units of Madhya Pradesh/Ancillary units of MPPGCL Permanently
registered with DIC. The registration should be permanent and should be specifically
for the items quoted in the tender and valid on the date of opening of tender.
b) Small scale Units permanently registered with NSIC. Their registration certificate
should be valid for the item quoted against the tender, on due date of opening of
Commercial & Technical Bid, entitled for exemption from EMD. (The
renewal/amendment of certificate should not be more than 3 years old from the
due date of opening of tender).
c) Fully owned Govt Sector Companies (GoMP & GoI) like BHEL, NTPC etc. and ancillary
units of the Company will also be exempted from submission of EMD against
submission of supporting documents to this effect.
The tenderer who comes under above categories, should furnish documentary evidence
with the offer falling which his offer shall be rejected and returned.
In case, the tenderer withdraw his offer during the validity period or after placement of
order, then EMD amount shall be forfeited
5. Taxes & Duties : Generally the quoted price shall be inclusive of all duties and levies,
except for Excise duty and Sales Tax on finished material. The tenderer should also
indicate whether MODVAT scheme, introduced by Central Govt. is applicable to the
quoted material and the amount to be passed on to MPPPGCL. The payment of Excise
duty shall be made only on presentation of documentary evidence in original along with
the invoice/Bills submitted. Excide duty and Sales Tax rates should be quoted on
finished material basis.
Documentary evidence regarding applicability of Excise Duty at the time of offer must
be furnished with offer.
M.P. Power Generating Company Ltd. is a Registered Dealer under Sales Tax Act 1956.
Its Taxpayer identification No. (TIN) is 23635808561. Declaration form shall be furnished
after receipt of material at site by the concerned consignee. Any other applicable
declaration form for confessional rate of Sales Tax, as may be in force, shall be given
after the legal position is verified at our end.
The payment of statutory levies such as excise duty/Sales tax against the contract shall
be made on the basis of rates prevailing during the contractual delivery period only and
on ordered quantity only.
In case supplies against the contract are effected late i.e. beyond the contractual
delivery period and the rate of Excise duty/Sales Tax undergoes upward revision,
payment will be continued to be made on the rates prevailing during the contractual
delivery period. However, in case the rates of statutory levies undergo downward
revision, then the delayed supplies beyond contractual delivery period, will attract
reduced rates of statutory levies.
Tenderers/Dealers outside the State of M.P. should also quote the prevailing rate of
Sales Tax in the state of origin, so that the concessional rate of CST payable against ‘C’
form may be limited to the Sales Tax applicable for State of origin from where the
material move, in case, these are lower than the concessional rate of CST/VAT.
NOTE: As per notification of GOI, all the taxes (ED/CST/ST/VAT) have been
subsumed by GST. Therefore GST will be applicable as per norms.
8. Transit Risk
(a). Responsibility regarding covering of risk, during transit of material, shall entirely
be, on the supplier. Note that no charges whatsoever towards transit insurance
shall be paid or reimbursed by MPPGCL. Ensure that no element towards transit
insurance is included in quoted prices or given separately.
(b). Transit damages / Shortages / losses shall be reported by the consignees within 30
days from the receipt of the consignments. Such damages/shortages/losses shall
be repaired/replaced by the suppliers, free of cost within one month from the date
of intimation by the consignee without waiting for the settlement from carrier or
insurance company etc. If the supplier fails to do so, the consignee(s) shall be free
to get, the repair work done from other sources and they shall be free to recover
the cost of such material / expenses of repairs either from the supplier / balance
bills or from the security deposit, as deemed fit.
(c). The responsibility shall rest with the supplier to immediately make good the
shortage/losses/ damages, without any extra cost.
(d). Replacement of goods lost/broken or damaged including loss due to fire
Notwithstanding anything, herein contained, the supplier, shall undertake
responsibility for the safe arrival of the material, in good condition and without
any loss or damage at the final destination and until the same is actually delivered
to / received by, the MPPGCL at its stores or other places of final destination.
(e). It is responsibility of the supplier to supply the material in brand new condition
and intact packing safety to site stores.
In case any damages/shortage noticed at our stores, it shall be the responsibility of
the supplier to replace the material free of cost without any delay.
9. Delivery
(i). The delivery offered should be guaranteed and clearly indicated. The delivery
period shall be counted from the date on which acceptance of the offer is received
by the successful tenderer. Ex-Stock availability of material / items. If any, should
also be indicated separately. Early deliveries may be given preference.
(ii). The material should be delivery to the consignees within ordered delivery period
from the date of issue of dispatch instructions / clearances. Any delay in delivery
beyond this period shall attract penalty.
(iii). Deferment of Deliveries
MPPGCL reserves the right to defer or reschedule the delivery.
(8)
11. Terms of Payment
Full payment inclusive of taxes/duties and other charges corresponding to each
consignment, shall be made on direct basis and not through Bank against Material
Receipt Certificate (MRC) ordinarily within 45 days or no turn as per queue whichever is
later after receipt of material at our site stores in good condition. The MPPGCL shall not
be liable for any interest.
12. Penalty
a). The time for and the date of delivery of the stores stipulated in the order shall be
deemed to be the essence of the contract. In case of delay in execution of the
order, the MPPGCL may at its option shall recover from the supplier/contract an
unconditional penalty of 1/2% of the price of any stores not delivered per week or
part thereof subject to maximum of 10%.
Excepting take inspection calls, the date of receipt of offer of material for
inspection in the offer of C.E (Gen) SGTPS shall be considered as the date of
delivery, subject to the condition that the inspection call has been made 15 days in
advance of terminal date of scheduled delivery and materials delivered within 21
days of dispatch clearance. For early inspections, offer may be sent telegraphically
or by tax. MPPGCL will not be responsible for delays for ordinary/registered post
for inspection offers. Please note, in case the material is not delivered within 21
days from the date of issue of dispatch instructions, even through the delivery
period exists, then penalty shall be applicable on delay of dispatch.
14. Guarantee
a). The machinery apparatus or material shall be of highest standards and shall be
guaranteed for satisfactory performance for a period of one year from the date
of installation or 18 months from the date of receipt at site of the last
consignment whichever is earlier, or as required in the technical schedule. The
purchaser at its option may ask for a larger guarantee period for long life spares/
capital items upto 30 months from the date of receipt of goods at site.
b). In the event, any defects due to faulty materials or bad workmanship, are
discovered during Guarantee period, then same shall be replaced/rectified, free
of all charges, in a reasonable time.
c). The said material if required to be replaced, shall be collected by the
supplier/firm from site stores at their own cost an at their own responsibility.
Such rejected material will like-wise be returned duly repaired / replaced and
subsequently by the supplier to the destination store on “Freight paid basis” at
their cost, in a reasonable time.
d). The amount deposited under Security Deposit clause shall also cover the
performance guarantee of the material.
e). In the event of the supplier’s inability to adhere to the aforesaid provisions,
suitable penal action will be taken against them which may inter alia include
black-listing of the firm for future business with the MPPGCL, for a certain
period.
15. Security Deposit : On receipt of the order the successful tenderer have to deposit latest
within two weeks, an amount of 10% (Ten percent) of the total value of order as
Security in any of the following forms for Satisfactory execution of the order and
to cover the performance guarantee period.
a). Cash to be deposited with Senior Accounts Officer SGTPS, MPPGCL, Birsinghpur,
or Demand Draft in favour or Sr. A.O. SGTPS, Birsinghpur M.P. Power Generating
Company Ltd. Birsinghpur, drawn on any Nationalized/Scheduled Bank.
(9)
b). Bank Guarantee in lieu of Cash deposit of any Nationalized Bank/Scheduled
Bank, strictly as per MPPGCL proforma (to be supplied along with the order)
valid sufficiently to cover the performance Guarantee period and Grace period of
Six months. {(BG) which shall be submitted on stamp paper worth amounting
to 0.25% of the BG value of the supply, subject to maximum of Rs. 25,000/-}
c). All the outside state units and in case of SSI units of M.P. having annual business
with the MPPGCL above Rs. 50 Lacs shall be required to pay Security Deposit
10% (Ten percent) of the value of individual order in the form of Cash / D.D. /
B.G.(As per enclosed proforma)
d). In case of SSI units of M.P. registered with Department of Industry, Govt. of M.P.
whose annual business is, upto 50 Lacs, they will be required to pay Security
deposit @ 5% (Five percent) of the value of individual order subject to maximum
of Rs.20,000/- in Cash / D.D. only.
The Security Deposit shall be returned to the successful tenderer only after
faithful performance of the bidder in respect to terms and conditions of order
and on expiry of Guarantee period and if there are no claims to be recovered
against the tenderer / supplier after ascertaining ‘No Liability Certificate’ from
the consignees, Accounts Departments and user Departments of MPPGCL.
16. Completeness of Equipment :The equipment shall be complete in every respect with all
minor fittings and accessories, even though these may not be specifically mentioned in
the purchase’s specification or the Tender’s offer. The Supplier shall not be eligible for
any extra price in respect of such minor fittings and accessories which can be considered
as an essential part of the basic, equipment even though not specifically mentioned in
the specification or in the offer.
17. Extension order : MPPGCL reserves right to price an extension order for any additional
quantity on the same rates, terms and conditions within six months from the date of
order.
18. Design and Interchangeability
All similar material and removable parts of similar equipment shall be uniform and
interchangeable with each other.
(10)
23. Inspection and Test Certificate
i). All machines, apparatus or materials ordered will be subject to inspection and
approval by the Purchase’s representative before dispatch. Inspection before
dispatch will not however, relieve the supplier of his responsibility to supply
material strictly in accordance with the specification.
ii). All machinery, apparatus and materials shall conform to provisions of any
statutory acts such as the Indian Electricity Act, Indian Factory Act. The Indian
Boiler Act etc. and corresponding rules and regulations, as may be applicable.
iii). The Purchaser’s Representatives shall be entitled at all reasonable time during
manufacture to Inspect, examine and test at the supplier’s premises the
materials and workmanship of the material to be supplied under the contract.
The purchaser, at his option, can carry out Stage Inspection in full details during
the manufacture of equipment under order.
iv). As soon as the material are ready for inspection/testing, the supplier shall
intimate the purchaser, well in advance so that arrangement can be made for
inspection of material. The materials shall not be dispatched unless the material
is inspected by the purchaser’s authorised Representative or waiver of
inspection is given by the purchaser. While notifying the readiness of equipment,
all relevant test certificates for the testes to be conducted shall invariably be
sent to the office of E.D. (Gen) SGTPS, MPPGCL, Birsinghpur, for approval. The
material shall not be dispatched unless the Test Certificates are approved and
dispatch instruction is given.
Any amount recoverable from the successful tenderers against earlier contracts with the
MPPGCL will be adjusted from payment due against the contract that may be awarded
under this specification
(11)
28. Compliance of Regulation
The supplier shall, guarantee that all goods covered under procurement, shall have been
produced, sold, dispatched, delivered and tested in strict compliance with all applicable
Rules and Regulations including industries. (Development and Regulations) Act 1951 and
any amendment there under labour agreements, working conditions and technical
codes and requirements as applicable from time to time.
The supplier should execute and deliver such documents, as may be needed, by the
purchaser in evidence of compliance. All laws, Rules and regulations are required to be
incorporated in the reference. Any liability arising out of contravention of any of the
laws shall be the sole responsibility of the vendor and the purchaser shall not be
responsible in any manner whatsoever.
a). If in the opinion of the MPPGCL the supplier fails to deliver the material within
time specified or during the period for which extension has been granted by the
MPPGCL.
b). If in the opinion of the MPPGCL, the supplier fails to comply with any of the
other provisions of this contract or material is found not in accordance with
prescribed specifications and or the approved samples.
29.2 In the event of such termination, MPPGCL shall exercise its discretionary power
as:-
a). To cover from the supplier penalty as mentioned in the Clause No. 12 above.
OR
b). To purchase from elsewhere after giving due notice to the supplier on account
and at the risk of the supplier such stores/materials not so delivered or other of
similar description in respect of consignment not yet delivered.
OR
c). To cancel the contract reserving MPPGCL right to recover damages.
29.2.1 – In pursuance to clause No. 29.1 & 29.2 above, MPPGCL shall exercise its
discretionary power to Black list/Debar the supplier/contractor for further
business with MPPGCL for a declared period on breach of the contract.
29.3. Notwithstanding that the power under Clause (29.2 a, b, & c) referred to above,
are in addition to the rights and remedy available to the MPPGCL under the
general law of India relating to Contracts.
29.4. In the event of risk purchase of store of similar description, the opinion of the
MPPGCL shall be final. In the event of action taken under clause 29.2 (a) or (b)
above, the supplier shall be liable to pay for any loss, which the MPPGCL may
sustain on that account but the supplier shall not be entitled to any saving on
such purchases made against the default.
29.5. The decision of the MPPGCL shall be final regarding the acceptability of the
stores supplied by supplier and the MPPGCL shall not be required to give any
reason in writing or otherwise at any time for the rejection of the
stores/material.
29.6. In the event, MPPGCL does not terminate the order as provided in clause 29.1 &
29.2 above, the supplier shall continue execution of the order. In such case the
supplier shall be liable to the MPPGCL for penalty for the delay as per clause 12
until supplies are accepted.
(12)
30. Arbitration
It, at any time question, dispute or difference, whatsoever, shall arise between the
Purchase and the supplier upon, or in relation to, or in connection with the contract,
either party may forthwith give to the other notice in writing of the existence of such
question, dispute of difference, and the same shall be referred to the adjudication of
two arbitrators, one to be nominated by the purchaser and the other to be nominated
by the Contractor, or in the case of said arbitrators not agreeing, then to the
adjudication of the Umpire to be appointed by the arbitrators, whose decision shall be
final and bidding on the parties and the provisions of the Indian Arbitration and
Reconciliation Act, 1996 and of the rules there under and any statutory modification
thereof shall be deemed to apply. The arbitrators or the Umpire, as the case may be, are
bound to give a detail speaking award assigning reasons for the findings.
Supplies under the contract shall be continued by the contractor during the
arbitration proceeding, unless otherwise, directed in writing by the purchaser or unless
the matter is such that the work cannot possibly be continued until the decision of the
arbitrators or of the Umpire, as the case may be, is issued.
31. Jurisdiction
Any dispute or difference, arising under, out of, or in connection with this
tender/contract, shall be subject to exclusive jurisdiction of competent court at Jabalpur
only.
33. Validity
The tenders should be valid positively for acceptance upto six months from the date of
opening of the first & Second part. (i.e. EMD, Commercial & Technical bid), otherwise
they are liable to be rejected. If necessary, the validity of the offer will have to be
extended for a further period as may be required by MPPGCL through revalidation. No
change in the price or any other term shall be allowed during the initial validity period.
In case, the tenderer withdraws his offer during the, validity period, the EMD amount
shall be forfeited.
Where the imports are unavoidable, all items shall be imported by the supplier in
scheduled time against his own license without effecting contractual delivery schedule.
(13)
PROFORMA FOR BANK GUARANTEE IN LIEU OF EARNEST MONEY
DEPOSIT
Bank Guarantee No……
Date…….........
To,
(Tender issuing authority)
Dear Sirs,
In accordance with Invitation for Bids under your Tender Document ref. No.----(Tender
No)----------------- .M/s.............(Bidders Name).................................. having its Registered/
Head Office at ....................(Address of Bidder)..........................................(Hereinafter called
the 'Bidder’)wish to participate in the said Bid/ Tender for supply of -----------------(Tender
Particulars)-----------------.
As an irrevocable bank guarantee towards Earnest Money against Bid Security for an
amount of ………….. (*) …………… valid for 270 days from ………... (**) …. required to be
submitted by the Bidder as a condition precedent for participation in the said bid which
amount is liable to be forfeited on the happening of any contingencies mentioned in the
Bidding Documents.
We, the …………… [Name & address of the Bank] …… having our Head Office at….
………………(#) ….………………guarantee and undertake to pay immediately within 48
Hrs. on demand, in writing, from the MPPGCL or any officer authorized by it in this
behalf,, of any amount upto and not exceeding Rs.………… (*) …………………… without
any reservation, protest, demand and recourse. Any such demand made by the 'MPPGCL’
shall be conclusive and binding on us irrespective of any dispute or difference raised by the
Bidder.
This Guarantee shall be irrevocable and shall remain valid upto ………….. (@) …............ If
any further extension of this guarantee is required, the same shall be extended to such
required period (not exceeding one year) on receiving instructions from M/s …………
[Bidder's Name] ….……………on whose behalf this guarantee is issued.
It is agreed by the Bank with the company that for any reasons / disputes arises concerning
the Bank’s liability to pay the requisite amount to the MPPGCL, under the terms of this
Guarantee, the competent court of Madhya Pradesh in the Territory of which the office of
tender issuing authority is situated alone i.e. ……………. shall have the jurisdiction to
determine the same dispute and this shall be without prejudice to the liability of the Bank
under the terms of this Guarantee being un-equivocal & un conditional, as mentioned
above.
This guarantee shall be valid and binding on this Bank up to and including [insert date] and
shall not be terminable by notice or any change in the constitution of the Bank or by any
other reasons whatsoever and our liability hereunder shall not be impaired or discharged
by any extension of time or variations or alternations made, given, or agreed with or
without our knowledge or consent, by or between [insert name of the Bidder] and the
MPPGCL.
This guarantee shall be a primary obligation of the Bank and accordingly the MPPGCL shall
have first and primary recourse to the Bank and shall not be obliged, before enforcing this
guarantee, to take any action in any court or arbitral proceedings against ……[Insert name
of the Bidder], to make any claim against or issue any notice or demand on …..[Insert
name of the Bidder]or to give any notice to ………………[Insert name of the Bidder] to
(14)
enforce any security held by the MPPGCL or to exercise, levy or enforce any distress,
diligence or other process against ………………..[Insert name of the Bidder].
The Bank represents that this guarantee has been established in such form and with such
content that it is fully enforceable in accordance with its terms as against the Bank in the
manner provided herein.
This guarantee shall not be affected in any manner by reason of merger, amalgamation,
restructuring or any other change in the constitution of the Bank.
In witness where of the Bank, through its authorized officer, has set its hand and stamp on
this …………………………… day of ……………….. 20….….. at .………......
Witnesses:
1. Signature Signed (on behalf of bank)
Full name in block letters Name :
Occupation :Nameof Bank……………
AddressDesignation:
Staff Code No:
2. Signature Bank Seal :
Full name in block letters
Occupation :Date :
Address
(i) (*) The amount as specified in the Bid Documents/ Notice Inviting Tender (**) This
shall be the date of opening of bids (#) Complete mailing address of the Head Office
of the Bank, along with the Fax No of the Issuing Branch, to be given. (@) This date
shall be the last date for which the bid is valid.
(15)
ANNEXURE ‐IV
PROFORMA FOR BANK GUARANTEE FOR ADVANCE PAYMENT
To,
(Order issuing authority)
Dear Sirs,
Witnesses:
3. Signature Signed (on behalf of bank)
Full name in block letters Name :
Occupation :Nameof Bank……………
AddressDesignation:
Staff Code No:
4. Signature Bank Seal :
Full name in block letters
Occupation :Date :
Address
Note:
This Guarantee should be furnished by a Scheduled Commercial Bank authorized by the
Reserve Bank in India.
(i) To be executed on non-judicial stamp paper of value to 0.25% of value of Bank
Guarantee subject to minimum of Rs 500/- and maximum of Rs.25000/- and duly
affixed for revenue stamp of Rs. 1/-. To be stamped in accordance with Stamp Act, if
any, of country of the issuing bank. (For Example : If the Bank Guarantee is of value
Rs. 1,00,000/- then the stamp paper will be of Rs. 500/- only and not 100000x0.0025 =
250/-)
(ii) The Stamp papers should be purchased in the name of Bank issuing the Guarantee.
(iii) Complete mailing address of the Head Office of the Bank, issuing the Guarantee,
along with e-mail addresses and Fax No. shall be given.
(iv) In case of Foreign Bidder and Foreign portion the bank guarantee shall be issued in
that foreign currency issued by any bank in India as stated above or any foreign
commercial bank which is in the approved list of Reserve Bank of India (RBI).
(v) The Bank Guarantee shall be furnished by the Bank directly to the Owner through
RPAD/Speed Post/Courier
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ANNEXURE-III
PROFORMA FOR BANK GUARANTEE TOWARDS SECURITY DEPOSIT
Bank Guarantee No……
Date…….........
To,
(Order issuing authority)
Dear Sirs,
In consideration of the M.P.Power Generating Co. Ltd. Jabalpur having agreed to accept
this bank guarantee in lieu of CASH deposit by way of Security for due and faithful
performance required from M/s--------------------------------- herewith after referred to as
contractors the bank of ------------------------------------------ hereby agrees unequivocally and
unconditionally to pay within 48 hours on demand in writing from the M.P. Power
Generating Co. Ltd. Or any officer authorized by it in this behalf of any amount upto
andnot exceeding Rs. --------------- (in words Rupees-----------------------------------------------------
-------------------------------) to the said M.P.Power Generating Co. Ltd. on behalf on the
aforesaid M/s. ---------------------------------------------------------- who have rendered and
contracted for the supply of materials, equipment or services to the said M.P. Power
Generating Co. Ltd. against order No. -----------------------------------------dtd. ------------------- for
the order value of Rs.-------------------------.
This agreement shall be valid and binding in this bank upto and including ----
------------------------ or for such further period as may hereunder be mutually fixed from
time to time in writing by the M.P. Power Generating Co. Ltd. and the contractors and shall
not be terminable by notice or any change in the constitution of the aforesaid bank or the
firm of contractors or by any other reasons whatsoever and the banker’s liability hereunder
shall not be impaired or discharged by any extensions of time or variations or alternation
made, given conceded or agreed to with or without the bank’s knowledge or consent by or
between the M.P.Power Generating Co. Ltd. and the contractors in the existing and/or
further tender and/or contracts.
It is agreed to by the Bank with the MPPGCL that if for any reasons dispute
arises considering the Bank’s liability to pay the requisite amount to the MPPGCL under
the terms of this guarantee the competent court of Madhya Pradesh in the Territory of
which the office of order issuing authority / OIC of the contract, is situatedi.e.
…………….shall have the jurisdiction to determine the said dispute and that this shall be
without prejudice to the liability of the Bank under the terms of this guarantee being
unequivocal and unconditional as mentioned above.
The liability under this Guarantee is restricted to be Rs…………………………. (in
words) Rs..……………………………only. This guarantee shall remain in force until
……………………. unless a demand to enforce a claim is made under this Bank Guarantee
by the MPPGCL to the Bank within above mentioned validity, the rights of M.P. Power
Generating Co. Ltd. under this guarantee shall be forfeited and the Bank shall be relieved
and discharged from all liabilities there under.
Witnesses:
5. Signature Signed (on behalf of bank)
Full name in block letters Name :
Occupation :Nameof Bank……………
AddressDesignation:
Staff Code No:
6. Signature Bank Seal :
Full name in block letters
Occupation :Date :
Address
Note:
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This Guarantee should be furnished by a Scheduled Commercial Bank authorized by the
Reserve Bank in India.
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ANNEXURE ‐V
PROFORMA FOREXTENSION OF BANK GUARANTEE IN LIEU OF
SECURITY DEPOSIT
Note : To be executed on non-judicial stamp paper of worth Rs. 500/- and Rs. 1/- revenue
stamp may be fixed on bank guarantee. Only text is to be typed on stamp paper. The Stamp
Paper of appropriate value .shall be purchased in the name of guarantee issuing Bank.
……………………………………………………………………………………………………
To,
(Order issuing authority)
Dear Sirs,
Witnesses:
7. Signature Signed (on behalf of bank)
Full name in block letters Name :
Occupation :Nameof Bank……………
AddressDesignation:
Staff Code No:
8. Signature Bank Seal :
Full name in block letters
Occupation :Date :
Address
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