ISSUE LETTER OF TENDER DOCUMENTercmpu.in/joomla/images/kva.pdfform for making a NEFT payment otherwise payment would result in failure in e-Procurement system. As NEFT payment status

ERCMPU

Page 1 of 43 SIGNATURE & SEAL OF TENDERER

ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS‟ UNION LTD.

P.B.NO.2212, EDAPPALLY, KOCHI – 682 024

PHONE: 0484 – 2541193

NO.EU/PC/743/NPDD/EKM/2015

TENDER FOR THE SUPPLY, INSTALLATION & COMMISSIONING OF 500 KVA

DIESEL GENERATOR FOR PRODUCTS DAIRY

AT EDAPPALLY

KOCHI - 682024

ERCMPU


BID FORM

1.

Registered Name of Bidder

2. Address Office Address

3. Telephone Land Phone

Mobile

Email

Fax

ERCMPU


TABLE OF CONTENTS

Vol

1. SECTION DESCRIPTION

PAGE

NO

E – TENDER NOTICE 4

GENERAL TENDER TERMS & CONDITIONS FOR

E-PROCUREMENT 5 - 8

1I SECTION - I INSTRUCTIONS TO BIDDERS 10 – 16

SECTION - II GENERAL CONDITIONS OF CONTRACT 18 – 26

SECTION – III SPECIAL CONDITIONS OF CONTRACT 28 – 30

SECTION – IV TECHNICAL SPECIFICATIONS 31 – 34

SECTION - V QUALIFICATION APPLICATION FORMAT 35

SECTION – VI MANUFACTURERS‟ AUTHORISATION FORM 36

SECTION – VII CONTRACT FORM 37 - 38

SECTION – VIII ACCEPTABLE FORMS OF BANK GUARANTEE 39 – 43

ERCMPU


ERNAKULAM REGIONAL CO-OPERATIVE MILKPRODUCERS‟ UNION LTD.

P.B. NO. 2212, EDAPPALLY, KOCHI – 24

Phone-0484-2541193,2556863

NO.EU/PC/743/NPDD/EKM/2015 Date: 31.12.2014

E - TENDER NOTICE

1. Ernakulam Regional Co-operative Milk Producers‟ Union Ltd. Under „NPDD‟ Scheme,

centrally sponsored by Ministry of Agriculture, Department of Animal Husbandry &

Dairying & Fisheries, GOI invites Technical cum Commercial Tenders from the reputed

Manufacturers, Accredited Distributors & Dealers for supply, installation &

commissioning of 500 KVA DG Set at Products Dairy, Edappally.

A ITEM DESCRIPTION

Appox

Qty.

EMD

(Rs)

1. Supply, installation & commissioning of DG

Set (500 KVA) 1 No 35,000.00

2. Interested eligible Bidders may obtain further information from the office of the

Ernakulam Regional Cooperative Milk Producers‟ Union Ltd, Edappally.

3. The bid shall be submitted in two-cover system consisting of technical bid and price

bid. The price bid of those who qualify in the technical bid only will be opened.

4. Detailed terms and conditions, scope of work etc as indicated in the invitation to bid

are contained in the bidding document of the above work.

1. Bid Reference : NO.EU/PC/743/NPDD/EKM/2015

2.

Tender Download

: Can be downloaded from the website

www.etenders.kerala.gov.in

3. Price of Tender Documents : Rs 1000/- as online remittance

4. EMD : As specified, as on online remittance

5. Document download start date : 31.12.2014 at 5:00 PM

6. Pre Bid Meeting : 12.01.2015 11:00 Hours at Products

Dairy, Edappally

7. Bid submission start date

: 13.01.2015

8. Bid submission closing date

: 23.01.2015 at 11:00 AM

9. Date / Time of opening Technical

Tender

: 27.01.2015 at 11:30 Hours

10. Time of Completion : 90 days

11. Address of communication and place

of bid opening

: ERCMPU Ltd,

Edappally‟

Cochin - 24

12. Bid Validity : 60 days from 27.01.2015

5. All bids must be accompanied by Bid security (EMD) and tender fee as specified in the

e-tender notice.

Tender documents can also be seen in our web site www.ercmpu.in

MANAGING DIRECTOR

ERCMPU Ltd

http://www.ercmpu.in/

ERCMPU


General Tender Terms & Conditions for e-Procurement

This tender is an e-Tender and is being published online for supply, installation &

commissioning of DG Set (500 KVA) at Products dairy, Edappally. The tender is

invited in two cover system from the registered and eligible firms through e-

procurement portal of Government of Kerala (https://www.etenders.kerala.gov.in).

Prospective bidders willing to participate in this tender shall necessarily register

themselves with above mentioned e-procurement portal.

The tender timeline is available in the critical date section of this tender published in

www.etenders.kerala.gov.in.

A). Online Bidder registration process:

Bidders should have a Class II or above Digital Signature Certificate (DSC) to be

procured from any Registration Authorities (RA) under the Certifying Agency of India.

Details of RAs will be available on www.cca.gov.in. Once, the DSC is obtained,

bidders have to register on www.etenders.kerala.gov.in website for participating in

this tender. Website registration is a one-time process without any registration fees.

However, bidders have to procure DSC at their own cost.

Bidders may contact e-Procurement support desk of Kerala State IT Mission over

telephone at 0471- 2577088, 2577188, 2577388 or 0484 – 2336006, 2332262 -

through email: [email protected] for assistance in this regard.

B). Online Tender Process:

The tender process shall consist of the following stages:

i. Downloading of tender document: Tender document will be available for free

download on www.etenders.kerala.gov.in. However, tender document fees shall be

payable at the time of bid submission as stipulated in this tender document.

ii. Pre-bid meeting: 12.01.2015, 11.00 AM at Products Dairy, Edappally.

iii. Publishing of Corrigendum: All corrigenda shall be published on

www.etenders.kerala.gov.in and shall not be available elsewhere.

iv. Bid submission: Bidders have to submit their bids along with supporting documents

to support their eligibility, as required in this tender document (Clause No.3,

Instruction to Bidders) of www.etenders.kerala.gov.in. No manual submission of bid

is allowed and manual bids shall not be accepted under any circumstances.

v. Opening of Technical Bid and Bidder short-listing: The technical bids will be

opened, evaluated and shortlisted as per the eligibility and technical qualifications. All

documents in support of technical qualifications shall be submitted (online). Failure to

submit the documents online will attract disqualification. Bids shortlisted by this

process will be taken up for opening the financial bid.

http://www.etenders.kerala.gov.in/

http://www.etenders.kerala.gov.in/

ERCMPU


vi. Opening of Financial Bids: Bids of the qualified bidder‟s shall only be considered

for opening and evaluation of the financial bid on the date and time mentioned in

critical date‟s section.

C). Documents Comprising Bid:

(i). The First Stage (Pre-Qualification or Technical Cover based on 1 cover or 2 cover

tender system):

Pre-Qualification or Technical proposal shall contain the scanned copies of the

following documents which every bidder has to upload:

For the purpose of this particular contract, bidder should meet the following

qualifying criteria as minimum:

a. The bidder should be in business as manufacturer, for a minimum period of

five years at the time of bid opening in the same name and style.

b. The bidder should have completed a minimum of three similar work of value

of the estimated value of the Contract, for which this Invitation to Bid is

issued, during the last five years.

c. The bidder's annual financial turnover in the same name and style in each year

of the last three years shall not be less than the probable amount of contract as

specified in the Invitation to Bid.

d. The bidder shall furnish a copy of the Income tax Returns for the previous

year in original or certified true copies.

The department doesn‟t take any responsibility for any technical snag or failure that

has taken place during document upload.

(ii). The Second Stage (Financial Cover or as per tender cover system):

The Bidder shall complete the Price bid as per format given for download along with

this tender.

Note: The blank price bid should be downloaded and saved on bidder‟s computer

without changing file-name otherwise price bid will not get uploaded. The bidder

should fill in the details in the same file and upload the same back to the website.

Fixed price: Prices quoted by the Bidder shall be fixed during the bidder's performance

of the contract and not subject to variation on any account. A bid submitted with an

adjustable/ variable price quotation will be treated as non - responsive and rejected.

ERCMPU


D). Tender Document Fees and Earnest Money Deposit (EMD)

The Bidder shall pay, a tender document fees of Rs.1,000/- and Earnest Money

Deposit or Bid Security of Rs.35,000/-. The Bid security is required to protect the

purchaser against risk of Bidder‟s conduct, which would warrant the forfeiture of

security.

Online Payment modes: The tender document fees and EMD can be paid in the

following manner through e-Payment facility provided by the e-Procurement system:

i. State Bank of Travancore (SBT) Internet Banking: If a bidder has a SBT internet

banking account, then, during the online bid submission process, bidder shall select

SBT option and then select Internet banking option. The e-Procurement system will

re-direct the bidder to SBT‟s internet banking page where he can enter his internet

banking credentials and transfer the tender document and EMD amount.

ii. National Electronic Fund Transfer (NEFT)If a bidder holds bank account in a

different bank, then, during the online bid submission process, bidder shall select

NEFT option. An online remittance form would be generated, which the bidder can

use for transferring amount through NEFT either by using internet banking of his bank

or visiting nearest branch of his bank. After obtaining the successful transaction receipt

no., the bidder has to update the same in e-Procurement system for completing the

process of bid submission. Bidder should only use the details given in the Remittance

form for making a NEFT payment otherwise payment would result in failure in e-

Procurement system.

As NEFT payment status confirmation is not received by e-Procurement system on a

real-time basis, bidders are advised to exercise NEFT mode of payment option at least

48 hours prior to the last date and time of bid submission to avoid any payment

issues.

NEFT payment should done according to following guidelines:

i. Single transaction for remitting Tender document fee and EMD: Bidder should

ensure that tender document fees and EMD are remitted as one single transaction.

ii. Account number as per Remittance Form only: Account no. entered during

NEFT remittance at any bank counter or during adding beneficiary account in Internet

banking site should be the same as it appears in the remittance form generated for

that particular bid by the e-Procurement system. Bidder should ensure that tender

document fees and EMD are remitted only to the account number given in the

Remittance form provided by e-Procurement system for that particular tender.

Bidders must ensure that the banker inputs the Account Number (which is case

sensitive) as displayed in the Remittance form. No additional information like bidder

name, company name, etc. should be entered in the account no. column along with

account no. for NEFT remittance.

ERCMPU


iii. Only NEFT Remittance Allowed: RTGS payments, Account to Account

transfers, State Bank Group Transfers (GRPT) or Cash payments are not allowed and

are treated as invalid mode of payments. Bidder must ensure that the banker does

NEFT transaction only irrespective of the amount and specially instruct the banks not

to convert the payment type to RTGS or GRPT.

iv. Amount as per Remittance form: Bidder should ensure that the amount being

remitted is neither less nor higher than the amount shown in remittance form.

v. UTR Number: Bidders should ensure that the remittance confirmation (UTR

number) received after NEFT transfer should be updated as it is, in the e-Procurement

system for tracking the payment.

vi. One Remittance Form per Bidder and per Bid: The remittance form provided

by e-Procurement system shall be valid for that particular bidder and bid and should

not be re-used for any other tender or bid or by any other bidder.

Any transaction charges levied while using any of the above modes of online payment

has be borne by the bidder. The supplier/contractor's bid will be evaluated only if

payment status against bidder is showing “Success” during bid opening.

E). SUBMISSION PROCESS:

For submission of bids, all interested bidders have to register online as explained

above in this document. After registration, bidders shall submit their Technical bid and

Financial bid online on www.etenders.kerala.gov.in along with online payment of

tender document fees and EMD.

For page-by-page instructions on bid submission process, please visit

www.etenders.kerala.gov.in and click “Bidders Manual Kit” link on the home page.

It is necessary to click on “Freeze bid” link/ icon to complete the process of bid

submission otherwise the bid will not get submitted online and the same shall not be

available for viewing/ opening during bid opening process.

ERCMPU


SECTION I . INSTRUCTION TO BIDDERS

CLAUSE SUBJECT PAGE No.

A. Introduction

1. Source of Funds 10

2. Eligible Bidders 10

3. Cost of Bidding 10

B. Bidding Documents

4. Content of Bidding Documents 10

5. Instructions 10

6. Clarification of Bidding Documents 11

7. Amendment of Bidding Documents 11

C. Preparation of Bids

8. Language of Bid 11

9. Documents Comprising the Bid 11

10. Bid Form 11

11. Bid Prices 12

12. Bid currency & payments 12

13. Documents Establishing Bidder's Eligibility and qualifications 12-13

14. Documents Establishing Goods Eligibility and Conformity

to Bid document 13

15. Bid Security 13-14

16. Period of validity of bids 14

17. Variation in bidding conditions 14

18. Pre bid meeting 14

D. Submission of Bids

19. Bid submission 14

E. Bid Opening and Evaluation

20. Opening of Bids 14

21. Conversion to Single Currency 15

F. Award of Contract

22. Post qualification 15

23. Award criteria 15

24. ERCMPU's right to accept any bid and to

Reject any or all bids 15

25. Notification of award 15-16

26. Signing of contract 16

27. Performance security 16

28. Clarification of Bids (Pre Bid Meeting) 16

ERCMPU


SECTION I . INSTRUCTION TO BIDDERS

A. Introduction

1.0 The project is financed under NPDD Scheme

1.1 Description

Supply, installation & commissioning of DG Set (500 KVA) under NPDD Scheme

1.2 Owner – Managing Director, ERCMPU Ltd

2.0. Eligible Bidders

2.1 This invitation for Bids is open to all eligible bidders as per the eligibility criteria

of this bidding document.

3.0 Cost of Bidding

3.1 The Bidder shall bear all costs associated with the preparation and submission of

his bid, and the Ernakulam Regional Co-operative Milk Producers‟ Union ltd.,

hereinafter referred to as "ERCMPU", will in no case be responsible or liable for

those costs, regardless of the conduct or outcome of the bidding process.

B. The Bidding Documents

4.0 Content of Bidding Document includes the number of copies as stated below

Number of Volume Section Description copies

Copies

I I 0 E – tender Notice

I Instruction to Bidders

II General Conditions of Contract

III Special Conditions of Contract Part I

IV Special Conditions of Contract Part II

V Technical Specifications

VI Qualification application format

VI I Manufacturers‟ authorization

form

VIII Technical deviation statement form

IX Form of Agreement

X Acceptable Forms of Bank Guarantee

II XI Schedule of Quantities

5.0 The Bidder is expected to examine all instructions, forms, terms and specifications

in the Bidding Documents, etc. Failure to furnish all information required by the

Bidding Documents or submission of a bid not substantially responsive to the

Bidding Documents in every respect will be at the Bidder's risk.

ERCMPU


6.0 Clarification of Bidding Documents

A prospective Bidder requiring any clarification of the Bidding Documents may

notify to ERCMPU in writing or by mail, fax, or e-mail at the mailing address

indicated in the Invitation for Bids. ERCMPU will respond in email to any

request for clarification of the Bidding Documents, which it receives not later

than 10 days prior to the deadline for the submission of bids prescribed by the

ERCMPU.

7.0 Amendment of Bidding Documents

7.1 At any time prior to the deadline for submission of bids, the ERCMPU may, for

any reason, whether at its own initiative or in response to a clarification

requested by a prospective Bidder, modify the Bidding Documents by

amendment.

7.2 The amendment if any will be informed through corrigendum published.

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

amendment into account in preparing their bids, the ERCMPU may, at its

discretion, extend the deadline for the submission of bids.

7.4 There shall not be any individual communication in respect of general

notices, amendments, etc. The prospective offers are advised to check for

updates in our website www.ercmpu.in and https://etenders.kerala.gov.in on a

day to day basis. The prospective tenderers are advised to browse the website

of ERCMPU on a day-today basis and to go through the corrigendum in

https://etenders.kerala.gov.in till the tender is concluded.

C. Preparation of Bids

8.0 Language of Bid

The Bid prepared by the Bidder and all correspondence and documents

relating to the bid exchanged by the Bidder and the ERCMPU, shall be written

in the English language. Supporting documents and the printed literature

furnished by the Bidder may be written in another language provided they are

accompanied by an English translation of pertinent passages in the above

stated language. For the purpose of interpretation of the bid, the English

translation shall prevail.

9.0 Documents comprising the Bid

The bid prepared by the Bidder shall comprise the following components:

a. Bid security (Earnest Money Deposit)

b. Schedule of quantities

c. Documentary evidence established in accordance with clause 13 that the

Bidder is eligible to bid and is qualified to perform the contract if bid is

accepted.

d. Documentary evidence established in accordance with Clause 14 that the

goods and ancillary services to be supplied by the Bidder are eligible goods

and services and conform to the Bidding Documents

10.0 Bid Form

The Bidder shall complete the BOQ document exhibited in the e tender

http://www.ercmpu.in/

https://etenders.kerala.gov.in/

https://etenders.kerala.gov.in/

ERCMPU


11.0 Bid Prices

11.1 All duties, taxes and other levies, entry tax etc., for supply shall be payable by the

bidder under the contract shall be shown separately in the rate and the prices and

total bid price submitted by the bidder and evaluation and the comparison of

bids by the ERCMPU shall be made accordingly.

11.2 Fixed price

The rates and prices quoted by the bidder shall be fixed for the duration of the

contract period and shall not be subjected to adjustment on any account.

12.0 Bid Currency & payments

For all goods and services covered in this Bidding Document, prices & payments

shall be in Indian Rupees only.

13.0 Documents Establishing Bidders' Eligibility and qualifications.

13.1 Pursuant to clause 9, the Bidder shall furnish, as part of its bid, documents

establishing the Bidder's eligibility to bid and its qualification to perform the

Contract if its bid is accepted. For the purpose of this bidder shall meet the

following qualification criteria as a minimum:

a. The bidder should be in business as manufacturer, for a minimum period

of five years at the time of bid opening in the same name and style.

Dealers who quote for the tender should submit manufactures

authorization form.

b. The bidder should have completed a minimum of three similar work of

value of the estimated value of the Contract, for which this Invitation to

Bid is issued, during the last five years.

c. The bidder's annual financial turnover in the same name and style in each

year of the last three years shall not be less than the probable amount of

contract as specified in the Invitation to Bid.

d. The bidder shall furnish a copy of the Income tax Returns for the

previous year in original or certified true copies.

13.2 The documentary evidence of the Bidder's eligibility to bid shall be established to

the ERCMPU's satisfaction

13.3 The documentary evidence of the Bidder's qualifications to perform the Contract

if its bid is accepted shall be established to the ERCMPU's satisfaction.

1. That, the Bidder has the financial and business capability necessary to perform

the Contract. To this end, all bids submitted shall include the following

information along with formats under Section V.

a. Copies of original documents defining the constitution or legal status,

place of registration and principal place of business of the company or

firm or partnership etc.

ERCMPU


b. Details of experience and past performance of the bidder on works of

similar nature and capacity within the past 5 years and details of current

contracts in hand and other commitments; (Name of work – turn-key

jobs, capacity of the plant executed, Contract reference, Name and

detailed postal address of client, value of work, time of completion, date

of completion etc. are to be furnished).

c. Reports on financial standing of the Bidder such as profit and loss

statements, balance sheets and auditor's report of the past three years,

bankers solvency certificates etc;

d. Income tax clearance certificate and sales tax clearance certificate for the

previous three years, in original/certified true copies.

e. Copy of license/certificate issued by competent authorities.

f. Information regarding any current litigation in which the bidder is

involved.

14.0 Documents Establishing Goods' Eligibility and Conformity to Bidding Documents.

14.1 Pursuant to Clause 9, the Bidder shall furnish, as part of its bid, documents

establishing the eligibility and conformity to the Bidding Documents of all goods

and services, which the Bidder proposes to supply under the Contract.

14.2 The documentary evidence of the goods and services conformity to the Bidding

Documents may be in the form of literature, drawing and data, and shall furnish

a detailed description of the goods essential technical and performance

characteristics.

14.3 Pursuant to Clause 14.2 above, the Bidder shall note that standards for

workmanship, material and equipment, and references to brand names or

catalogue numbers designated by the ERCMPU in its Technical Specifications are

intended to be descriptive only and not restrictive. Bidder should quote for the

item as per the technical specification given by the ERCMPU.

15.0 Bid Security (Earnest Money Deposit)

15.1 The Bidder shall furnish, as part of its bid, bid security for the amount as specified

in the E – tender notice through ONLINE NEFT TRANSACTION

15.2 Any bid not accompanied by an acceptable bid security pursuant to Clause No

15.1 hereof shall be automatically rejected.

15.3 The bid Securities of the unsuccessful bidders shall be refunded as promptly as

possible, but not later than 30 days after the expiry of the period of bid validity

as prescribed in these documents through ONLINE NEFT TRANSACTION.

15.4 The bid Securities of the successful bidder(s) shall be refunded when the bidder

has signed the agreement and furnish the required performance security.

15.5 No interest shall be paid by ERCMPU on the bid security furnished by the bidder.

15.6 The bid security may be forfeited:

a. If a Bidder withdraws its bid during the period of bid validity.

b. In the case of successful Bidder, if the Bidder fails within the time limit:

ERCMPU


I. To sign the agreement

II. To furnish performance security

16.0 Period of validity of Bids

16.1 Bids shall remain valid for 60 days after the date of bid opening prescribed by the

ERCMPU. A bid valid for a shorter period may be rejected by the ERCMPU as

non-responsive.

16.2 In exceptional circumstance, prior to the expiry of the original bid validity

period, ERCMPU may request the Bidders for a specific extension in the period of

validity. The request and the response thereto shall be made in writing (or by

cable or mail). A Bidder may refuse the request without forfeiting its bid security.

The bidder agreeing to the request all not be permitted to modify his bid, but

shall be required to extend the validity of his bid security correspondingly. The

provision of clause 15 shall continue to apply during the extended period of bid

validity.

17.0 Variation in Bidding conditions

The bidder shall submit offer, which comply fully with the requirements of the

bidding documents, including the basic technical design as indicated in the

drawings and specifications. Conditional bids are considered as nonresponsive.

18.0 Pre Bid Meeting

18.1 The bidder or his authorized representative is advised to attend a pre-bid

meeting which will be convened at the office of the ERCMPU on a date and

time as stated in the INVITATION TO BID (E-TENDER NOTICE).

18.2 The purpose of the meeting will be to clarify issues and to answer questions on

any matter that may be raised at that stage.

18.3 The bidder is requested to submit any question in writing or by email to reach

the ERCMPU not later than one week before the meeting.

18.4 Minutes of the meeting of the pre-bid will be published in the website.

D Submission of bids

19.0

a. The bid shall be in two parts viz. technical and commercial (price). The

technical bid shall be in accordance with the clause No.13 and No.14

and details finalized in pre-bid minutes & corrigendum.

a. The price bids of those who qualified in the pre-qualification criteria

indicated in clause No.13 and No.14 & Clause No 8 of general

conditions will only be opened.

E BID OPENING AND EVALUATION

20.0 Bid opening

20.1 Bids will be opened at the time and date specified in the NIT.

ERCMPU


21.0 Conversion to Single Currency

21.1 All bid prices shall be submitted in Indian currency only.

F. AWARD OF CONTRACT

22.0 Post-qualification

22.1 ERCMPU will determine to its satisfaction whether the Bidder selected as having

submitted the lowest evaluated responsive bid is qualified to satisfactorily

perform the Contract.

22.2 The determination will take into account the Bidder's financial, technical

capabilities. It will be based upon an examination of the documentary evidence

of the Bidder's qualifications submitted by the Bidder, pursuant to Para 13, as well

as such other information as the ERCMPU deems necessary and appropriate

including details of experience and records of past performance.

22.3 An affirmative determination will be a prerequisite for award of the contract to

the Bidder. A negative determination will result in rejection of the Bidder's bid, in

which event; ERCMPU will proceed to the next lowest evaluated bid to make a

similar determination of that Bidder's capabilities to perform satisfactorily.

23.0 Award Criteria

23.1 Subject to clause 24, the ERCMPU shall award the Contract to the bidder

whose bid has been determined to be substantially responsive to the bidding

documents and who has offered the lowest. While finalizing the contract the

rate as well as the merits of the equipment will be considered

23.2 ERCMPU's right to vary quantities at time of award

ERCMPU reserves the right at the time of award of contract to increase or

decrease the quantity of goods and services specified in the schedule of

requirement without any change in unit price or other terms and conditions.

24.0 ERCMP's Right to Accept any bid and to reject any or all bids

24.1 Notwithstanding clause 23 or any other clauses stated above, the ERCMPU

reserves the right to accept or reject any bid and to annul the bidding process

and reject all bids, at any time prior to the award of the Contract, without

thereby incurring any liability to the affected bidder(s) or any obligation to

inform the affected bidder(s) of the grounds for the ERCMPU 's action.

25.0 Notification of Award

25.1 Prior to the expiry of the period of bid validity prescribed in the bid

documents, the ERCMPU will notify the successful bidder by fax/ e - mail that

his bid has been accepted. This letter (hereinafter and in the Conditions of

Contract referred to as "Letter of Acceptance") shall name the sum which the

ERCMPU will pay to the Contractor in consideration of the execution,

completion and the maintenance of the works by the Contractor as prescribed

by the Contract (hereinafter and in the Conditions of the Contract referred to

as the "Contract price").

25.2 The notification of the award will constitute the formation of the Contract.

ERCMPU


25.3 Upon the furnishing by the successful bidder of a performance security in

accordance with the clause 27 the ERCMPU will notify the unsuccessful bidders

that their bids have been unsuccessful.

26.0 Signing of Agreement

The successful bidder has to execute and agreement within 15 days of receipt of

the order.

27.0 Performance Security

27.1 Within 20days of the receipt of the work order the successful bidder shall

furnish a performance security 10% of the contract value. The performance

security in the form of Demand Draft or Bank Guarantee in favour of

Ernakulam Regional Co-operative Milk Producers‟ Union Limited. The Bank

guarantee shall be valid for the entire period of contract including guarantee

period plus 90 days

27.2 Failure of the successful Bidder to comply with the requirement of Clause 25 or

Clause 26 shall constitute sufficient grounds for the annulment of the award and

forfeiture of the bid security, in which event the ERCMPU may make the award

to the next lowest evaluated bidder or call for new bids .

28.0 Clarification of Bids (Pre Bid Meeting)

To assist in the examination, evaluation and comparison of bids the ERCMPU

may, at its discretion, ask the Bidders for a clarification of its bid. The request for

clarification and the response shall be in writing and no change in the price or

substance of the bid shall be sought, offered or permitted.

ERCMPU


SECTION II . GENERAL CONDITIONS OF CONTRACT

TABLE OF CLAUSES

Clause Topic Page Clause Topic Page

No. No.

1. Definitions 18 17. Assignment 22

2. Application 18 18. Subcontracts 22

3. Country of Origin 18 19. Delays in Contractor's

Performance 22

4. Standards 18 20. Liquidated Damages 23

5. Use of Contract Documents 18-19 21. Termination for default 24

6. Patent Rights 19 22. Force Majeure 24

7. Performance Security 19 23. Termination for insolvency 24-25

8. Inspections and Tests 19-20 24. Termination for convenience 25

9. Packing & Marking 20 25. Resolution of disputes 25

10. Delivery and Documents 20 26. Governing Languages 24

11. Insurance 20-21 27. Applicable law 25

12. Transportation 21 28. Notices 25

13. Incidental Services 21 29. Taxes and duties 25

14. Warranty/Guarantee 22 30. Right to use defective

Equipment 25

15. Payment 22

16. Prices 23

ERCMPU


SECTION II - GENERAL CONDITIONS OF CONTRACT

1.0 Definitions

1.1 In this contract, the following terms shall be incorporated as indicted

a. "The Contract" means the agreement entered into between the ERCMPU and

the Successful bidder, as recorded in the Contract Form signed by the parties,

including all attachments and appendices thereto and all documents

incorporated by reference therein:

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

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

c. "The Goods" means all of the equipment, machinery, and/or other materials,

which the Contractor is required to supply to the ERCMPU under the

Contract

d. "Services" means services ancillary to the supply of the Goods, such as

transportation and insurance, and any other incidental services, such as

installation, commissioning, provisions of technical assistance, training and

other such obligations of the Contractor covered under the Contract;

e. "The ERCMPU" Shall mean The Ernakulam Regional Co-operative Milk

Producers‟ Union Ltd

f. "The Contractor" means the successful bidder whose bid has been accepted

by the ERCMPU and on whom a work order has been placed and shall

include his heirs, legal representatives and assignees.

h. Engineer-in-charge means the Engineer or any other authorized

representatives of the ERCMPU who is empowered to take decision on

behalf of ERCMPU for the purpose of the Contract.

2.0 Application

These General Conditions shall apply to the extent that provisions in other parts

of the Contract do not supersede them.

3.0 Standards

3.1 The Goods supplied under this Contract shall conform to the standards

mentioned in the Technical specifications, and, when no applicable standard is

mentioned, to the Indian Standards.

4.0 Country of Origin

Indian. The bidder (authorized representative or dealer) in India can quote for

the equipment manufactured in any foreign country.

5.0 Use of Contract Documents and Information

5.1 The Contractor shall not, without the ERCMPU's prior written consent, disclose

the Contract, or any provision thereof, or any specification, plan, drawing,

pattern, sample or information furnished by or on behalf of the ERCMPU in

connection therewith, to any person other than a person employed by the

Contractor in the performance of the Contract. Disclosure to any such employed

person shall be made in confidence and shall extend only so far as may be

necessary for purposes of such performance.

ERCMPU


5.2 The Contractor shall not, without the ERCMPU's prior written consent, make use

of any document or information enumerated in para.5.1 except for purposes of

performing the Contract.

5.3 Any document, other than the Contract itself, enumerated in the para.5.1 shall

remain the property of the ERCMPU and shall be returned (in all copes) to the

ERCMPU on completion of the Contractor's performance under the Contract if

so required by the ERCMPU.

6.0 Patent Rights

6.1 The Contractor shall indemnify the ERCMPU against all third-party claims of

infringement of patent, trademark or industrial design rights arising from use of

the goods or any part thereof in India.

7.0 Performance Security

7.1 Within 20 days after the Contractor's receipt of notification of award of the

Contract, the Contractor shall furnish performance security to the ERCMPU in the

amount specified in the Special Conditions of Contract.

7.2 The proceeds of the performance security shall be payable to the ERCMPU as

compensation for any loss resulting from Contractor's failure to complete its

obligations under the Contract.

7.3 The performance security shall be denominated in Indian Rupees and shall be

in the following form:

i. A Bank guarantee issued by a Nationalized Indian Bank.

ii. Demand draft in favour of Ernakulam Regional Co-operative Milk Producers‟

Union Ltd payable at Ernakulam

iii. The bank guarantee shall be valid till the expiry of the warranty period.

7.4 The performance security will be discharged by the ERCMPU and returned to the

contractor not later than 30 days following the date of completion of the

Contractor's performance obligations, including any warranty obligations, under

the Contract.

7.5 In the event of increase in the Contract value, in actual execution, proportionate

additional performance security shall be paid by the Contractor if called upon to

do so.

7.6 In the event of decrease in the Contract value the performance security shall be

proportionately adjusted on the completion of the work.

7.7 No interest shall be paid by the ERCMPU for the amount deposited as

Performance security with the ERCMPU.

8.0 Inspection and Tests

8.1 The ERCMPU or its representatives shall have the right to inspect and/or test the

Goods to confirm their conformity to the Contract. The Special Conditions of

Contract and/or the Technical Specifications shall specify what inspections and

tests the ERCMPU requires and where they are to be conducted. The ERCMPU

shall notify the Contractor in writing of the identity of any representatives, if

retained for these purposes.

8.2 The Inspections and tests may be conducted on the premises of the contractor or

its subcontractor(s), at point of delivery and/or at the Good's final destination.

ERCMPU


Where conducted on the premises of the Contractor or its sub-contractor(s), all

reasonable facilities and assistance-including access to drawing and production

data-shall be furnished to the inspectors at no charge to the ERCMPU. In case of

any defects of deficiency notified by the ERCMPU's inspection authority, the

Contractor will rectify and make good the same without delay and not proceed

further processing of such item(s) of Goods without obtaining approval from the

inspection authority.

8.3 Should any inspected or tested Goods fail to conform to the specifications, the

ERCMPU may reject them and the Contractor shall either replace the rejected

Goods or make all alternations necessary to meet specification requirements free

of cost to the ERCMPU.

8.4 The ERCMPU's right to inspect, test and, where necessary, reject the goods after

the Goods' arrival at Destination shall in no way be limited or waived by reason

of the Goods having previous been inspected, tested and passed by the ERCMPU

or its representative prior to the Goods shipment from the country of origin.

8.5 Nothing in Clause 8 shall in any way release the Contractor from any warranty

or other obligations under the Contract.

9.0 Packing and Marking

9.1 The Contractor shall provide such packing of the Goods as is required to

prevent their damage or deterioration during transit to their final destination as

indicted in the Contract. The packing shall be sufficient to withstand, without

limitation, rough handling during transit and exposure to temperature, salt and

precipitation during transit and open storage. Packing case size and weights

shall take into consideration, where appropriate, the remoteness of the Goods'

final destination and the absence of heavy handling facilities at all points in

transit.

9.2 The packing, marking and documents within and outside the packages shall

comply strictly with such special requirements as shall be expressly provided for in

the Contract and, in any subsequent instructions ordered by the ERCMPU.

9.3 Each package shall be marked to indicate:

a. Name of the Contractor b. Details of items in the package

c. Name of the Consignee d. Work order Number

e. Gross, net and tare weight f. Destination

10.0 Delivery and Documents

10.1 Delivery of the goods shall be made by the Contractor in accordance with the

terms specified by the ERCMPU in its Schedule of Requirements and the Special

Conditions of Contract.

11. Insurance

11.1 The goods supplied under the Contract shall be fully insured in Indian Rupees

against loss or damage incidental to manufacture or acquisition, transportation,

storage and delivery in the manner specified in the Special Conditions of

Contract.

ERCMPU


11.2 Where delivery of the Goods is required by the ERCMPU on a CIF basis, the

Contractor shall arrange and pay for marine insurance naming the ERCMPU as

the beneficiary. After arrival of the goods and prior to the commencement of the

mechanical erection the bidder shall arrange a comprehensive storage cum

erection insurance naming ERCMPU as the beneficiary. The storage cum erection

insurance policy shall cover the entire value of the goods including erection work

as per the order value of ERCMPU.

11.3 The Contractor shall provide a copy of the insurance policy along with invoice to

the ERCMPU who will make arrangements to extend the validity of the policy, if

necessary.

11.4 The Contractor shall

a. Initiate and pursue claim till settlement, and

b. Prompt make arrangements for repair and/or replacement of any damaged

item/s irrespective of settlement of claim by the underwriters.

12.0 Transportation

12.1 The Contractor is required under the Contract to deliver the Goods FOR

Destination, specified in the Schedule of requirement. Transport of the Goods

to the destination shall be arranged and paid for by the Contractor and the

cost thereof shall be included in the contract price.

12.2 Where the Contractor is required to effect delivery under any other terms, for

example, by post or to another address in the source country, the Contractor

shall be required to meet all transport and storage expenses until delivery.

12.3 In all the above cases, transportation of the Goods after delivery shall be the

responsibility of the ERCMPU.

13.0 Incidental Services

13.1 As specified in the Special conditions of Contract, the Contractor may be required

to provide any or all of the following services:

a. Performance or supervision of on-site assembly and/or start-up of the supplied

goods;

b. Furnishing of tools required for assembly and/or maintenance of the supplied

goods;

c. Furnishing of a detailed operations and maintenance manual for each

appropriate unit of the supplied goods;

e. Performance or supervision or maintenance and/or repair of the supplied

Goods, for a period of time agreed by the parties, provided that this service

shall not relieve the Contractor of any warranty obligations under this

Contract and

e. Conduct of training of the ERCMPU's personnel, at the Contractor's plant

and/or on-site in assembly, start-up operation, maintenance and/or repair of

the supplied goods.

13.2 Prices charged by the Contractor for the preceding incidental services should be

included in the price for the Goods.

ERCMPU


14.0 Warranty/Guarantee

14.1 The Contractor warrants that the Goods supplied under the Contract are new,

unused, of the most recent or current models and incorporate all recent

improvements in design and materials unless provided otherwise in the contract.

The Contractor further warrants that the Goods supplied under this Contract shall

have no defect arising from design, materials or workmanship (Except in so far as

the design or material is required by the ERCMPU's specifications) or from any act

or omission of the Contractor, that may develop under normal use of the

supplied Goods in the conditions obtaining in the country of final destination.

The Contractor also guarantees that the Goods supplied shall perform

satisfactorily as per the designed/rated/installed capacity as provided for in the

Contract.

14.2 This warranty/guarantee shall remain valid for 12 months after the Goods, or any

portion thereof as the case may be, have been delivered and commissioned to

the final destination indicated in the Contract.

14.3 The ERCMPU shall promptly notify the Contractor in writing of any claims

arising under this warranty.

14.4 Upon receipt of such notice, the Contractor shall, with all reasonable speed,

repair or replace the defective Goods or parts thereof, without costs to the

ERCMPU.

14.5 If the Contractor, having been notified, fails to remedy the defect(s) within a

reasonable period, the ERCMPU may proceed to take such remedial action as

may be necessary, at the Contractor's risk and expenses and without prejudice to

any other rights which the ERCMPU may have against the Contractor under the

Contract.

14.6 This warranty/guarantee shall not cover any damage/s resulting from normal

wear and tear or improper handling by the ERCMPU or his authorized

representatives.

14.7 For assessing the rated performance of the plant, the combined capacity as well

as individual equipment capacity shall be reckoned. The Plant shall be operated

for 8 hours continuously per shift.

15.0 Payment

15.1 The method and conditions of payment to be made to the Contractor under the

Contract shall be specified in the Special Conditions of Contract.

15.2 The Contractor's request(s) for payment shall be made to the ERCMPU in

writing, accompanied by an invoice describing, as appropriate, the Goods

delivered and Services performed, and by shipping documents, submitted

pursuant to Clause 10, and fulfillment of other obligations stipulated in the

Contract.

15.3 Payments shall be made promptly by the ERCMPU within thirty days of

submission of an invoice/claim by the Contractor.

15.4 The currency in which payment is made to the Contractor under this Contract

shall be Indian Rupees.

ERCMPU


16.0 Prices

16.1 Prices charged by the Contractor for Goods delivered and Services performed

under the Contract shall not, vary from the prices quoted by the Contractor in its

bid.

17.0 Assignment

17.1 The Contractor shall not assign, in whole or in part, its obligations to perform

under the Contract, except with the ERCMPU's prior written consent.

18.0 Subcontracts

18.1 The contractor shall notify the ERCMPU in writing of all subcontracts awarded

under the Contract if not already specified in his bid. Such notification, in his

original bid or later, shall not relieve the Contractor from any liability or

obligation under the Contract.

18.2 Subcontracts must comply with the provisions of Clause 3.

19.0 Delays in the Contractor's Performance

19.1 Delivery of the Goods and performance of services shall be made by the

Contractor in accordance with the time schedule specified by the ERCMPU in its

Schedule of Requirements.

19.2 An unexcused delay by the Contractor in the performance of its delivery

obligations shall render the Contractor liable to any or all of the following

sanctions: forfeiture of its performance security, imposition of liquidated damages

and/or termination of the Contract for default.

19.3 If any time during performance of the contract, the contractor or its

subcontractor(s) should encounter conditions impeding timely delivery of the

Goods and performance of Services, Contractor shall promptly notify ERCMPU

in writing of the fact of delay, its likely duration and its cause(s). As soon as

practicable after receipt of the Contractor's notice, the ERCMPU shall evaluate

the situation and may at its discretion extend the Contractor's time for

performance, in which case the extension shall be ratified by the parties by

amendment of the Contract.

20.0 Liquidated Damages

20.1 Subject to Clause 22, if the Contractor fails to deliver any or all of the Goods or

perform the Services within the time period(s) specified in the Contract, the

ERCMPU shall, without prejudice to its other remedies under the Contract,

deduct from the Contract price, as liquidated damages, a sum equivalent to:

I. 0.25% of the full contract value for each week of delay

II. The total amount so deducted shall not exceed 5% of the Contract value.

Once the maximum is reached, the ERCMPU may consider termination of the

Contract.

20.2 Any incremental taxes and levies on account of delay in performance of the

Contract by the Contractor shall be to the Contractor's account.

ERCMPU


21.0 Termination for Default

21.1 The ERCMPU may, without prejudice to any other remedy for breach of

contract, by written notice of default sent to the Contractor, terminate the

Contract in whole or in part;

a. If the Contractor fails to deliver any or all of the Goods within the time

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

ERCMPU pursuant to Clause 19;

or

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

21.2 In the event the ERCMPU terminate the Contract in whole or in part, pursuant to

para.21.1 the ERCMPU may procure upon such terms and in such manner, as it

deems appropriate, Goods similar to those undelivered, and the Contractor shall

be liable to the ERCMPU for any excess costs for such similar Goods. However,

the contractor shall continue performance of the Contract to the extent not

terminated.

21.3 Consequent to such termination of Contract, the ERCMPU shall recover the

advance paid, if any, to the Contract along with interest @ 18% per annum

compounded quarterly on the last day of March, June, September and December

on the advance paid for the entire period for which the advance was retained by

the Contractor.

22.0 Force Majeure

22.1 Notwithstanding the provisions of Clauses 19,20,21, the Contractor shall not be

liable for forfeiture of its performance security, liquidated damages or termination

for default, if and to the extent that, its delay in performance or other failure to

perform its obligations under the Contract is the result of an event of Force

Majeure.

22.2 For purposes of this clause, "Force Majeure" means an event beyond the control

of the Contractor and not involving the Contractor's fault or negligence and not

foreseeable. Such events may include, but are not restricted to, acts of the

ERCMPU either in its sovereign or contractual capacity, wars or revolutions, fires,

floods, epidemics, quarantine restrictions and freight embargoes.

22.3 If a Force Majeure situation arises, the Contractor shall promptly notify the

ERCMPU in writing of such condition and the cause thereof. Unless otherwise

directed by the ERCMPU in writing, the Contractor shall continue to perform its

obligations under the Contract as far as is reasonably practical, and shall seek all

reasonable alternative means for performance not prevented by the Force

Majeure event.

23.0 Termination for Insolvency

The ERCMPU may at any time terminate the Contractor by giving written notice

to the Contractor, without compensation to the Contractor if;

a. The Contractor becomes bankrupt or otherwise insolvent

b. The Contractor being a Company is wound up voluntarily by the order of a

Court, receiver, liquidator or Manger appointed on behalf of the debenture

holders or circumstances shall have arisen which entitle the court or debenture

holders to appoint a receiver liquidator or a Manager, provided that such

ERCMPU


termination will not prejudice or affect any right of action or remedy which has

accrued or will accrue thereafter to the ERCMPU.

24.0 Termination for Convenience

24.1 The ERCMPU, may be written notice sent to the Contractor, terminate the

Contract, in whole or in part, at any time for its convenience. The notice of

termination shall specify that termination is for the ERCMPU's convenience, the

extent to which performance of work under the Contract is terminated, and the

date upon which such termination becomes effective.

24.2 The Goods that are complete and ready for shipment within 30 days after the

Contractor's receipt of notice of termination shall be purchased by the ERCMPU

at the Contract terms and prices. For the remaining Goods, ERCMPU may elect:

a. To have any portion completed and delivered at the Contract terms and

prices;

and/or

b. To cancel the remainder and pay to the Contractor an agreed amount for

partially completed Goods and for materials and parts previously procured by

the Contractor.

25.0 Resolution of Disputes

25.1 The ERCMPU and the Contractor shall make every effort to resolve amicably by

direct informal negotiation any disagreement or dispute arising between them

under or in connection with the Contract.

25.2 If, after thirty days from the commencement of such informal negotiations, the

ERCMPU and the Contractor have been unable to resolve amicably a Contract

dispute, either party may require that the dispute be referred for resolution to the

formal mechanisms specified in the Special Conditions of Contract. The

mechanism shall b specified in the Special conditions of Contract.

26.0 Governing Language

English.

27.0 Applicable law

The Contract shall be interpreted in accordance with the laws of the Union of

India.

28.0 Notices

28.1 Any notice given by one party to the other pursuant to the Contract shall be sent

in writing or by fax or mail/cable and confirmed in writing to the address

specified for that purpose in the Special Conditions of Contract.

28.2 A notice shall be effective when delivered or on the notice's effective date,

whichever is later.

29.0 Taxes & duties

29.1 The contractor shall be entirely responsible for all taxes, duties, entry tax license

fees etc. including unloading until delivery of the contracted Goods, including

ERCMPU


supervision of installation and commissioning, to the ERCMPU. Any variation in

taxes and duties will be absorbed by ERCMPU Ltd

29.2 The Contractor shall be liable to pay all corporate taxes, income tax, Entry tax at

check post, Contribution to Employee‟s Provident Fund, Sales Tax on works

contract (if any), value added tax and other taxes that shall be levied according

to the laws and regulations applicable from time to time in India and Kerala and

the price bid by the Contractor shall include all such taxes. Whenever the laws

and regulations require deduction of such taxes at the source of payment, the

ERCMPU shall effect such deductions from the payment due to the Contractor.

The remittance of amounts so deducted and issuance of certificate for such

deductions shall be made by the ERCMPU as per the laws and regulations in

force. Nothing in the Contract, shall relive the Contractor from his responsibility

to pay any tax that may be levied in India on income and profits made by the

Contractor from his responsibility to pay any tax that may be levied in India on

income and profits made by the Contractor in respect of the Contract. The

Contractor's staff, personnel and labour will be liable to pay personal income

taxes in India in respect of such of their salaries and wages as are chargeable

under the laws and regulations for the time being in force, and the Contractor

shall perform such duties in regard to such deductions thereof as may be imposed

on him by such laws and regulations.

30.0 Right to use defective equipment

If after delivery, acceptance and installation and within the guarantee and

warranty period, the operation or use of the equipment proves to be

unsatisfactory, the ERCMPU shall have the right to continue to operate or use

such equipment until rectifications of defects, errors or omission by repair or by

partial or complete replacement is made without interfering with the ERCMPU's

operation.

ERCMPU


SECTION III - SPECIAL CONDITIONS OF CONTRACT

Item No. Topic Page No.

1. Definitions (Clause 1) 28

2. Country of Origin (Clause 3) 28

3. Equivalency of standards and codes(clause 4) 28

4. Performance Security (clause 7) 28

5. Inspection and Tests (clause 8) 28 - 29

6. Delivery and Documents (Clause 10) 29

7. Insurance (Clause 11) 29-30

8. Incidental Services (Clause 13) 30

9. Warranty (Clause 14) 30

10. Payment (Clause 15) 30

11. Resolution of Disputes (Clause 25) 30

ERCMPU


SECTION III

SPECIAL CONDITIONS OF CONTRACT

The following Special Conditions of Contract shall supplement the General

Conditions of Contract. Whenever there is a conflict, the provisions herein shall

prevail over those in the General Conditions of Contract. The corresponding

Clause number of the General Conditions is indicated in parentheses.

1.0 Definitions (Clause 1)

a. The ERCMPU is Ernakulam Regional Co-operative Milk Producers‟ Union Ltd.

b. The Contractor is the successful bidder whose bid has been accepted by the

ERCMPU and on whom the work order has been placed.

2.0 Country of Origin (Clause 3)

Indian. The bidder (authorized representative or dealer) in India can quote for

the equipment manufactured in any foreign country.

3.0 Equivalency of Standards and Codes (Clause 4)

Wherever reference is made in the contract to the respective standards and codes

in accordance with which goods and materials re to be furnished, and work is to

be performed or tested, the provisions of the latest current edition or revision of

the relevant standards and codes in effect shall apply, unless otherwise expressly

set forth in the Contract.

4.0 Performance Security (Clause 7)

The Performance Security shall be in the amount of 10% of the Contract Price.

5.0 Inspection and Tests (Clause 8)

5.1 The inspection of the Goods shall be carried out to check whether the Goods are

in conformity with the technical specifications attached to the work order form

and shall be in line with the inspection/test procedures laid down in the Schedule

of Specifications and the Contract conditions.

5.2 Contractor must have suitable facilities at their works for carrying out various

performance tests on the equipment. The bidder should clearly confirm that all

the facilities exist for inspection and shall be made available to the inspecting

Authority.

5.3 All load and functional tests as indicated in the specifications must be carried out

at the manufacturer's works. Reliability of the equipment shall be demonstrated

to the satisfaction of the appointed inspector or inspecting Agency.

5.4 Approved contractor's drawings shall not be departed from except as provided in

the Bidding document.

5.5 The ERCMPU shall have the right at all reasonable times to inspect, at the

Contractor's premises all Contractor's drawings of any part of the work.

ERCMPU


5.6 Before the goods and equipment are taken over by the ERCMPU, the Contractor

shall supply operation and maintenance manuals together with drawings in

quadruplicate of the goods and equipment as built. These shall be in such details

as will enable the ERCMPU to operate, maintain, adjust and repair all parts of

the works as state in the specifications.

The manuals and drawings shall be in the ruling language (English) and in such

form and numbers as stated in the contract. Unless and otherwise agreed, the

goods and equipment shall not be considered to be completed for the purposes

of taking over until such manuals and drawings have been supplied to the

ERCMPU.

5.7 In case of Foreign Contractor, inspection can be carried out by an inspection

agency acceptable to the ERCMPU, which should be clearly mentioned in the

bid. The charges for such inspection and tests shall be borne by the ERCMPU and

the Foreign Contractor should indicate the charges. However, the ERCMPU

reserves the right to appoint at its cost, any inspection Agency (other than the

one suggested by the Contractor) that should be binding on the Contractor.

In case of Indian Contractors, the goods will be accepted after inspection by the

ERCMPU, his representative or any inspection agency appointed by ERCMPU

and the costs for such Inspector/Agency shall be borne by the ERCMPU.

6.0 Delivery and Documents (Clause 10)

Original and four copies of

i. The Contractor's invoice showing work Order No., Goods description,

quantity, unit price, total amount;

ii. Delivery note/packing list/lorry receipt;

iii. Manufacturer's/Contractor's guarantee certificate in case applicable;

iv. Inspection Certificate issued by the nominated inspection agency, and the

Contractor's factory inspection report;

v. Certificate of origin;

vi. Insurance policy;

vii. Excise gate pass/octroi receipts, wherever applicable, duly sealed indicating

payments made; and

viii. Any other document evidencing payment of statutory levies

Note: The nomenclature used for the item description in the invoice/s, packing list/s and

delivery note/s etc. should be identical to that used in the work order. The

despatch particulars including name of transporter, LR No. and date should also

be mentioned in the invoices.

7.0 Insurance (clause 11)

The insurance shall be in an amount equal to 110% of the FOR Destination value

of the goods from "warehouse to warehouse" on All Risks" basis including war

Risks and Strike clauses valid for a period not less than 3 months after the date of

arrival of Goods at final destinations. After arrival of the goods and prior to the

commencement of the mechanical erection the bidder shall arrange a

comprehensive storage cum erection insurance naming ERCMPU as the

ERCMPU


beneficiary. The storage cum erection insurance policy shall cover the entire value

of the goods including erection work as per the order value of ERCMPU.

8.0 Incidental services (Clause 13)

The incidental services shall be provided as per the requirements outlined in the

Schedule of Specifications and as covered under Clause 13. The cost shall be

included in the contract price, if provided for in the scope for the Contract.

9.0 Warranty/Guarantee (Clause 14)

The warranty/Guarantee shall be as per provision under Clause 14 of General

Conditions.

10.0 Payment (Clause 15)

10.1 Supply components

i. 30% advance on acceptance of the order, signing the agreement and against

a bank guarantee for the advance payment from a Nationalised bank for

30% value of the contract/order as per the terms of the contract/order.

ii. 60% payment against safe receipt of the goods at site

iii Balance 10% will be retained as performance security. This can be

released against submission of a performance BG from a Nationalised bank

for 10% value of the contract/order as per the terms of the contract/order

kept valid till the guarantee period.

10.2 Erection components

100% of the Erection and commissioning charges will be paid within 15 days

after the successful commissioning of the equipment.

10.3 For all the payments to be made against Bank guarantees the bank guarantee

shall be issued by a Nationalized Indian bank

10.4 Contracts valued at Rs 50, 000/- (combining Schedule I & II) and below are not

eligible for advance payment.

10.5 Bank Guarantee when obtained for 30% advance, payment shall be released not

later than 30 days after date of delivery of the Goods at their final destination of

all the goods.

10.6 All interim payment shall be treated as advance payment. On completion of the

entire work, the Contractor shall submit his final bill. After verifying the final bill,

ERCMPU will issue to the contractor a statement (hereinafter called as the final

account statement). The contractor shall return the final account statement duly

signed as an acknowledgement of full and final value of work performed under

the contract and full and final settlement of the payment. On receipt of this

statement back from the contractor, the final payment shall be released.

11.0 Resolution of Disputes (Clause 25)

In case of any dispute, the Registrar of Co-operative Societies of Kerala State shall

be the sole arbitrator as per the provisions of Kerala Co-operative Societies Act

1969. Contractor shall take a nominal member ship by remitting Rs 90/- in our

office.

ERCMPU


SECTION IV

TECHNICAL SPECIFICATION

SPECIAL CONDITIONS OF CONTRACT (PART III)

DIESEL GENERATING (DG) SET

CAPACITY - 500 KVA

1. Functional requirements:

1.1 General description:

The diesel generating set would be used to generate three phase AC electricity at 415

volts and 50 Hz. The generating set would be used in the plant to operate certain

essential motors in case there is electric shut down failure from the main source.

1.2 Capacity: 500 KVA

2. Design requirements:

2.1 The diesel generating set should comprise diesel engine, alternator, control panel

and accessories complete in all respects with CPCB approved acoustic enclosure.

2.2 The diesel engine should be WATER cooled, vertical type, capable of developing

required BHP when running at 1500 rpm under NTP conditions. The engine should

be built to BSS specification 649 (1958) and rated for continuous running or 24 hours

with an overload capacity of 10% for a period not exceeding 1 hour in any 12 hours

running.

2.2.1 The diesel engine should be complete with the following:

- Flywheel

- Engine air cooling system with cooling fan/radiator system

- Fuel and lubricating oil filters

- Dry paper type air cleaner as per the standard design of the engine

manufacturer.

- Standard fuel tank

- Flexible coupling

- Exhaust silencer

- Holding down bolts for combination base plate

- 12 V self starting arrangement with suitable rated battery and cables

- Standard set of tools and spare

- Lubricating oil cooler

- Lubricating oil pressure gauge

- Safety device for engine safety

2.3 The engine should be flexible coupled to one suitable self excited, self regulated

alternator developing required KVA at 0.8 power factor, 3 phase, 50 cycle/sec., 415

volts AC power supply under MTP conditions when running at 1500 RPM. The

alternator should be screen protected and fitted with end shield and ball roller

bearings.

ERCMPU


2.4 The diesel generating set should be supplied with suitable floor/wall mounting

type control panel duly prewired with the following instruments:

- One power factor meter

- One suitable scaled KW hr. meter with accessories

- One suitable scaled AC ammeter with selector switch

- One suitable scaled AC voltmeter with selector switch

- One no. frequency meter

- 800 Amp 4 pole manual draw-out version ACB with suitable KWh meter and

earth fault relays to disconnect power supply in case load of generating set

increases beyond permitted limits and short circuit

- One set of TPN Busbar

- One set indicating lamps and control fuses

2.5 The diesel engine and alternator should be mounted on specially designed

combination base plate and MS structure of extremely rigid fabrication. The base

plate should be suitable for mounting the set on foundation.

2.6 The set should be provided with required length of PVC armoured cable of

suitable size to connect the alternator with control panel.

2.7 The foundation details with relevant drawings should also be submitted.

2.8 The supplier should depute his service personnel on free of charge basis for

commissioning the set immediately on hearing the information that the set is installed.

2.9 Bidders are requested to quote separate price for set of spares required for 3 years

normal operation specifying the quantity and name of spare part.

2.10 The bidders should quote only for assembled sets. The assembled sets, if

required, shall be inspected at the works of supplier. In case of over dimensions

assemblies same may be permitted for transportation in knock down conditions

otherwise the set should be dispatched in assembled conditions only.

2.11 List of approved makes to be used for the work of DG set installation is as

noted below

Sr.

No. Description Makes

1 Engine Cummins, Kirlosker, Catterpillar

2 Alternator

Stamford, Kirlosker, Crompton,

LEROYHOMER, KEL

3 MCCB L&T, Siemens, GE, Schnider

4 MCB L&T, Siemens, GE, Schnider

5 UG Cable Polycab, KEI, Rallison

6 Meters Socornec, Cadel, Conserve

7 Cable Gland Cornet or eq.

8 Cable Socket Dowells or eq.

ERCMPU


“ALL ELECTRICAL ITEMS SHOULD BE OF BSI MARK AND LASTEST MODELS

OF THESE MANUFACTURES"

2.12 The performance characteristics of the alternator shall be as below.

1. Efficiency at full load 0.8 PF Not less than 90%

2. Total distortion factor Less than 3%

3. 10% over load 1 hour in every 12 Hours of continuous use

4. 50% over load

15 seconds

2.13 The bidder should furnish the following Technical Details of the Equipment

Genset

Power Rating kVA /kW

Voltage, Volts

Frequency, Hz

Power Factor

Canopy

Length, mm

Width, mm

Height, mm

Dry weight Genset [approx]. kg

Fuel Tank Capacity in Liters

Engine Specifications

Engine Model

Rated Output HP [kW]

Cooling System

Starting System

Battery Capacity in AH

No. of Cylinder

Bore x Stroke mm

Displacement Liters

ERCMPU


Compression Ratio

Fuel

Fuel Consumption. litres/hour @

75% load

Lube Oil Sump Capacity in Liters

Total Coolant Capacity In Liters

Alternator efficiency at 75% load

Type

Voltage

Rpm/Frequency, Hz

INSTALLATION AND COMMISSIONING

The total job is a turnkey job which includes supply, installation, testing &

commissioning of DG set. Minor civil works, providing & grouting supports are

included in the contractor‟s scope. All associated electrical works including earthing

(required earth pits also) for the commissioning of the DG set is in the contractors

scope. Collecting the sanction and approval from Kerala State Electrical Inspectorate &

KSEB is also included in the contractor‟s scope. However major civil works such as

foundation for DG set will be constructed by ERCMPU Ltd. Supply of anti vibration

pads are also in contractor‟s scope. Supply and laying of the cable and its termination

from DG set to changeover switch in LT Panel is in contractor‟s scope. All the works,

cabling, connection of DG supply in LT Panel is in contractor‟s scope.

Unloading of the DG Set is contractor‟s scope.

Providing the exhaust flue gas piping (heavy duty) including its insulation and

cladding for DG set is in contractor‟s scope. The approximate length required for

exhaust pipe is 12 mtrs. It should be done as per the standard fixed by Kerala State

Pollution Control Board.

Bidder may include 12V/ 24V battery starting system also in the rate.

ERCMPU


SECTION V

QUALIFICATION APPLICATION

(Scanned copy should be submitted along with e tender original should be submitted if

demanded)

All the bidders submitting their bids against this bid for any or all the items must submit

the qualification application along with the information in the following format together

with the relevant documentation:

FINANCIAL BUSINESS AND TECHNICAL CAPABILITY

(FORMAT-A)

Name & address of the Bidder:

Phones: Mail: Fax:

1. Latest Balance sheet filed with ................................. on ................... (attach audited

copies of Annual accounts of past 3 years. Indigenous bidders to attach copy of accounts

audited under section 44 AB of Income tax Act. In case the accounts are not required to

be audited, a Chartered Accountant or manager of a nationalized bank should attest the

information in this statement).

2.Latest Profit and Loss statement from........................to........................filed with

................................. ....................... on ................................. (Attach an audited

copy)

3. Details of major work executed during the last five years.

Sl.

No

Name &

Address of the

Client with

email ID

Description of

item/work

Order Value

(Rs)

Completion

Period

Completion

Date

ERCMPU


SECTION VI

(Please see clause 13.3 of Instructions to Bidders')

MANUFACTURERS' AUTHORIZATION FORM

(Scanned copy should be submitted along with e tender & original should be submitted

if demanded)

No.....................................dt.....................

To

Ernakulam Regional Co-Operative

Milk Producers‟ Union Ltd.

P.B.No.2212,

Edappally,

Kochi - 682 024.

Dear Sir,

Sub: No. EU/PC/743/NPDD/EKM/2015

We ............................. an established and reputable manufacturers of ........................

having factories at.…………......................and …………………..................do hereby

authorize M/s.................................... (Name and address of Agents) to bid, negotiate

and conclude the contract with you for the above goods manufactured by us.

No company or firm or individual other than M/s......................... are authorized to bid,

negotiate and conclude the contract in regard to this business against this specific IFB.

We hereby extend our full guarantee and, warranty as per clause 15 of the General

Conditions of Contract for the goods offered for supply against this invitation for bid by

the above firm.

Yours faithfully,

(NAME)

For and on behalf of

M/s. (Name of Manufacturers)

Note: This letter of authority should be on the Letter Head of the manufacturing

concern and should be signed by a person competent and having the power of

attorney to bind the manufacturer.

ERCMPU


SECTION VII

CONTRACT FORM

(On Non-Judicial Stamp Paper of ` 100/-)

THIS AGREEMENT made the ………………………day of ………………………

20…….between the Ernakulam Regional Co-operative Milk Producers‟ Union Ltd.,

Edappally - 682 024 (hereinafter referred to as "the ERCMPU") of the one part and of

……………………………..(hereinafter referred to as "the Contractor") of the other part:

WHEREAS the ERCMPU is desirous that certain goods and ancillary Services should be

provided by the Contractor, viz………………………….and has accepted a bid

submitted by the Contractor in response to the ERCMPU's Bidding Document Reference

No………………………………………………………………………………………………

…for the supply of those goods and services in the sum of `……………………..

(Rupees…………………………………………………………………………………… only)

hereinafter referred to as "the Contract Price")

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this agreement words and expressions shall have the same meaning as in the

Terms and Conditions and in Section II to Section IV in the above-referred Bidding

Document.

2. The following documents shall be deemed to form and be read and construed as

part of this Agreement, viz:

(a) the offer and the price schedule submitted by the Contractor:

(b) the schedule of requirement/list of items and the technical specifications in

Bidding Document.

(c) the terms and conditions in Bidding Document :

(d) The ERCMPU's Order No…………………………………............................

dated….……………..

3. In consideration of the payments to be made by the ERCMPU to the Contractor as

hereinafter mentioned, the Contractor hereby covenants with the ERCMPU to

provide the Goods and Services and to remedy defects therein in conformity in all

respects with the provisions of the ERCMPU's Order and Bidding Document.

4. The ERCMPU hereby covenants to pay the Contractor in consideration of the

provision of the Goods and Services and the remedying of defects therein, the

contract price or such other sum as may become payable under the provisions of

ERCMPU


the Order at the times and in the manner prescribed in the order and Bidding

Document.

IN WITNESS whereof the parties hereto have caused this agreement to be executed in

accordance with their respective laws the day and year first above written.

Signed, sealed and delivered Signed, sealed and delivered

for and on behalf of the within for and on behalf of the within

named contractor of the other part named ERCMPU by the hands

of its authorized signatory.

CONTRACTOR MANAGING DIRECTOR

ERCMPU Ltd.

In the presence of witness In the presence of witness

1. Signature 1. Signature

Name and address Name and address

2. Signature 2. Signature

Name and address Name and address

ERCMPU


SECTION VIII

(Form of Performance Guarantee)

(ON NON-JUDICIAL STAMP PAPER OF ` 100/-)

Bank Guarantee No. Date:

This deed of performance guarantee made this…………………………day of 20……..

(Two thousand and …………….) by (Name and address of the Bank) (hereinafter

referred to as the Bank) which expression shall unless repugnant to the context or

meaning thereof includes its legal representatives, successors and assigns and the

Ernakulam Regional Co-operative Milk Producers‟ Union Ltd (hereinafter referred to as

the ERCMPU) which expression shall unless repugnant to the context or meaning

thereof include its legal representative, successors and assignees.

Whereas ERCMPU has awarded an order bearing No............... (name and address of

the party) (hereinafter referred to as the „Contractor‟) for the supply and installation

of................... And whereas, the Contractor has agreed to submit a performance

guarantee in the form of a Bank Guarantee to the ERCMPU in terms and conditions of

the order which will be kept valid up to 12 calendar months from the date of Bank

Guarantee (the period should be till end of guarantee period). And whereas, the Bank

and its duly constituted agent and officer has already read and understood the contract

made between the ERCMPU and the Contractor.

In consideration of the ERCMPU having agreed to award the contract on the

Contractor, we …………………………………..(name of the Bank), do hereby

guarantee, undertake, promise and agree to with the ERCMPU, its legal representatives,

successors and assignees that the within named..............................(name of the

Contractor) their legal representatives and assignees will faithfully perform and fulfill

everything within the Contract on their part to be performed or fulfilled, at the time

(time being the essence of the contract)and in the manner therein provided, do all

obligations there under and we further undertake and guarantee to make payment to

the ERCMPU of `………................(Rupees…………………………………………………

……………………………….only) being the 10% of the contract value, in case the

Contractor, their legal representatives and assignees do not faithfully perform and fulfill

everything within the Order and the Contract on their part to be performed or fulfilled,

at the time and in the manner therein provided and do not willfully and promptly do

all obligations there under.

In case, the Contractor fails to perform or fulfill the Order as per the terms and

conditions agreed upon, the ERCMPU is entitled to demand an amount equal to 10% of

the order value from the Contractor and the demand made by the ERCMPU by itself

will be conclusive evidence and proof that the Contractor has failed to perform or fulfill

his obligations and neither the Contractor nor the Bank will be entitled to raise any

dispute regarding the reasons for the failure of performance or fulfillment, on any

ground.

ERCMPU


We, (name of the Bank), do hereby undertake to pay an amount equal to 10% of the

order value, being the amount due and payable under this guarantee without any

demur, merely on a demand from the ERCMPU stating that the amount claimed is due

by way of non-performance of the contractual obligations as aforesaid by the

Contractor or by reason of the Contractor's failure to perform the said Order, any such

demand made on the Bank shall be conclusive as regards the amount due and payable

by the Bank under this guarantee. However, our liability under this guarantee shall be

restricted to an amount not exceeding `...................(Rupees……………………………

…….………… …………………………………………...........only) being the amount

equal to 10% of the total order value.

We, (name of the Bank), further, agree that the performance guarantee herein contained

shall remain in full force and effect for a period of 12 calendar months from the date of

Bank guarantee (the period should be till end of guarantee period) and till the ERCMPU

certifies that the terms and conditions of the said order have been fully and properly

carried out by the said Contractor and accordingly discharge the guarantee, unless a

demand or claim under this guarantee is made on us in writing by the ERCMPU on or

before …………………………………….., we shall be discharged from all liabilities

under this performance guarantee thereafter.

We, (name of the Bank), further agree with the ERCMPU that the ERCMPU shall have

the fullest liberty without our consent and without affecting in any manner our

obligations hereunder to vary any of the terms and conditions of the said order or to

extend the time of performance by the said Contractor from time to time or postpone

for any time or from time to time and any of the power exercisable by the ERCMPU

against the Contractor and to forebear or enforce any of the terms and conditions

relating to the said Order and we shall not be relieved from our liability by reason of

any such variation, or extension being granted to the said Contractor, or for any

forbearance, act or omission on the part of the ERCMPU to the said Contractor by any

such matter or thing whatsoever which under the law relating to sureties would but for

this provision have effect of so relieving us.

This guarantee shall be in addition to and without prejudice to any other securities or

remedies which the ERCMPU may have or hereafter possess in respect of the goods

supplied or intended to be supplied and the ERCMPU shall be under no obligation to

marshal in favour of the Bank any such securities or funds or asset that the ERCMPU

may be entitled to receiving or have a claim upon and the ERCMPU at its absolute

discretion may vary, exchange, renew, modify or refuse to complete to enforce or assign

any security or instrument.

The Bank agrees that the amount hereby guaranteed shall be due and payable to the

ERCMPU on serving us with a notice, requiring the payment of the amount and such

notice shall be deemed to have been served on the Bank either by actual delivery

thereof to the Bank or by despatch thereof to the Bank by Registered Post at the address

of the Bank.

ERCMPU


Any notice sent to the Bank at its address by registered post shall be deemed to have

been duly served on the Bank notwithstanding that the notice may not in fact has been

delivered to the Bank.

In order to give full effect to the provisions of this guarantee the Bank hereby waives all

rights inconsistent with the above provisions and which the Bank might otherwise as a

guarantor be entitled to claim and enforce.

We,………………………………….. lastly undertake not to revoke this guarantee during

its currency except with the previous consent of the ERCMPU in writing and the

guarantee shall be a continuous and irrevocable guarantee upto a sum of `…………..

(Rupees ………………………………………………………only). The guarantee shall

remain in force until ……………………….20……..and unless the guarantee is renewed

or a claim is preferred against the Bank within three months from the said date all rights

of the ERCMPU under the guarantee shall cease and the bank shall be released and

discharged from all liabilities hereunder.

(SIGNATURE) SEAL

Date:

CODE NO.

NOTE: 1 CONTRACTORS SHOULD ENSURE THAT SEAL AND CODE NO.OF THE

SIGNATORY IS PUT BY THE BANKERS, BEFORE SUBMISSION OF THE BANK

GUARANTEES.

ERCMPU


(Form of Bank Guarantee against Advance Payment)

(ON NON-JUDICIAL STAMP PAPER OF ` 100/-)

Bank Guarantee No. Date:

1. In consideration of the Ernakulam Regional Co-operative Milk Producers‟ Union

Ltd (hereinafter called 'the ERCMPU') having agreed to grant an advance of `…............

(Rupees ..................................................only) to M/s. ...........................................

(hereinafter called the „said contractor‟) under the terms and conditions of order No.

............................................dt....... made between the ERCMPU and M/s. ......................

for ............. ..............dairy project (hereinafter called the „said order‟) on production of

a Bank Guarantee for ` ............... (Rupees ………………………..............................

only). We ....................................................................(hereinafter called 'the Bank') do

hereby undertake to pay the ERCMPU an amount not exceeding `…................(Rupees

.......................................only) against any loss/damage caused to or suffered would be

caused or suffered by the ERCMPU by reason of any breach by the said contractor) of

any of the terms and conditions contained in the said order.

2. We, .........................................., do hereby undertake to pay the amounts due

and payable under this guarantee without any demur merely on a demand from the

ERCMPU stating that the amount claimed is due by way of loss or damage caused to or

would be caused to or suffered by the ERCMPU by reasons of any breach by the said

contractor of any of the terms and conditions contained in the order or by reasons of

the contractor's failure to perform the said order, any such demand made on the Bank

shall be conclusive as regards the amount due and payable by the Bank under this

guarantee shall be restricted to an amount not exceeding `..................(Rupees

...............................................only).

3. We, ........................................, further agree that the guarantee herein contained

shall, remain in full force and effect during the period that would be taken for the

performance of the said order and that it shall continue to be enforceable till all the dues

of the ERCMPU, under, or by virtue of the said order have been fully paid and it's claims

satisfied or discharged or till the ERCMPU certifies that the terms and conditions of the

said order have been fully and properly carried by the said contractor and accordingly

discharge the guarantee unless a demand or claim under this guarantee made on us in

writing on or before ………………………………., we shall be discharged from all

liability under this guarantee thereafter.

4. We, ......................................., further agree with the ERCMPU that the ERCMPU

shall have the fullest liberty without our consent and without affecting in any manner

our obligation hereunder to vary any of the terms and conditions of the said Order to

extend time of performance by the said Contractor from time to time or to postpone

for any time or from time to time any of the power exercisable by the ERCMPU against

the said Contractor and to forbear or enforce any of the terms and conditions relating to

ERCMPU


the said Order and we shall not be relieved from our liability by reason of any such

variation, or extension or for any forbearance, act of omission on the part of the

ERCMPU or any indulgence by the ERCMPU to the said Contractor or by any such

matter or thing whatsoever which under the law relating to sureties would but for this

provision have effect of so relieving us.

5. We, ......................................,lastly undertake not to revoke this guarantee during

its currency except with the previous consent of the ERCMPU in writing.

6. Notwithstanding anything stated herein above the liability of the Bank Guarantee

is restricted to `........................ (Rupees ......................................................……….only).

The guarantee shall remain in force till the ………………………20………. and unless the

guarantee is renewed or a claim is preferred against the bank within three months from

the said date i.e. on or before …………………………..all rights of the ERCMPU under

the guarantee shall cease and the bank shall be released and discharged from all liabilities

hereunder.

Place:

Date : (SIGNATURE)

2.12.1.1.1.1.1

2.12.1.1.1.1.2

S

E

A

L

2.12.1.1.1.1.3

C

O

D

E

N

O

.

NOTE: CONTRACTORS SHOULD ENSURE THAT SEAL AND CODE NO. OF THE

SIGNATORY IS PUT BY THE BANKERS BEFORE SUBMISSION OF THE BANK

GUARANTEES.