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(Open Tender) : Type of Bid (Techno-Commercial & Price Bid)

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BHARAT HEAVY ELECTRICALS LIMITED

Central Foundry Forge Plant, HARIDWAR


Phone: 01334-285783

NOTICE INVITING TENDER (NIT)


(Open Tender)

We, Bharat Heavy Electricals Limited, a Govt. of India Undertaking under the administrative control of
Ministry of Heavy Industries, invites offer from the contractors, in two part bid in sealed envelope from
reputed & experienced bidders for the subject job as per the tender document. Following points relevant to the
tender may please be noted and complied with

Name of Work “RLA (Remnant Life Assessment) Test for 15 TPH Fire Tube Boiler
(UP-3660).”
NIT No FF:20:MPS:RM:WC:04:068
Date of Issue of NIT 10.02.2021
Type of bid Two Part Bid. (Techno-commercial & Price Bid)
Period of Work 06 Months
NIT Value (Rs.) 4.55 Lakh
Amount of Earnest 9100.00
Money Required (Rs.)
Security deposit (SD) 5% of the contract value.
Last date and time of 26.02.2021, 01:55 PM
Receipt of Tender
Date & Time for 26.02.2021, 02:00 PM
opening of Technical
Bid
Splitting of Work NO
(Ratio)
Reverse Auction (RA) Yes, as per RA guidelines available on www.bhel.com
Place of opening of Tender Room, Back Side of Main Administrative Building, CFFP, BHEL,
Tender Haridwar-249403 (Uttrakhand)
Tender Document Cost NIL
Contact Detail Shri- NARAYAN KUMAR, DGM-WCX
Contact Address: 1st Floor ADM Building, CFFP, BHEL Haridwar
Email: narayank@bhel.in
Phone: 01334-28-5783
Fax: 01334-28-1862
Note:
1. Full set of Tender may be downloaded from websites (https://hwr.bhel.com).

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2. Tender may be cancelled at any stage without assigning any reason thereto.
3. For electronic fund transfer to BHEL, Bank account is-

BHEL CFFP
SBI A/C No.: 10667995469
IFSC Code: SBIN0000586
Sector 5, BHEL Ranipur Haridwar

4. Envelope wise details:

i Envelope -1# (Technical Bid) shall contain ANNEXURE- I, II, III & IV (duly filled, signed and
stamped on each page) along with supporting documents and EMD.

ii Envelope-2 (Price Bid) shall contain duly filled, signed and stamped Price Bid format only
(Annexure-V). The word “Price BID” must be clearly mentioned on the envelope containing
price bid.
iii Envelope-3 shall contain Envelope-1 & Envelope-2.
Following shall be subscribed on the Envelopes
(a) TENDER DOCUMENT NO.: FF:20:MPS:RM:WC:04:068, and Tender opening dt: 26.02.2021.

(b) “NAME OF THE COMPANY WITH FULL ADDRESS”


CFFP, BHEL will not be responsible and will not accept late tender for any delays on account of postal
delays, loss of documents, etc.

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FF:20:MPS:RM:WC:04:068

INDEX

Sl DOCUMENT Page No
No
1 NIT 1-2
2 Index 3
3 ANNEXURE – I : General Terms & Conditions 4-13

4 ANNEXURE – II: Pre-qualification Requirement (PQC) 14

5 ANNEXURE – III: Scope of Work & Boiler Details 15-16

6 ANNEXURE – IV: Check/ Detail List 17


ANNEXURE – V: Format for Price Bid
7 (To be submitted by contractor in separate sealed envelope along with 18
tender)

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ANNEXURE – I

GENERAL TERMS & CONDITIONS OF CONTRACT

01. DEFINITIONS:
In these general conditions of contract, the following terms shall have the meaning hereby
assigned to them except where the context otherwise requires: -
(a) The “CONTRACT" means the documents forming the tender and acceptance thereof and the
formal agreement if any, executed between the Bharat Heavy Electricals Ltd., Central Foundry
& Forge Plant, Haridwar and the contractor together with all the documents referred to therein
including General and Specific terms & conditions of contract, specifications, designs etc. All
the documents as applicable taken together shall be deemed to form one contract and shall
be complementary to one another.
(b) The "TENDER DOCUMENT" means the form of tender as applicable vide and / or General and
Specific Conditions of contract, and the specifications and/or drawings as given to contractors
for the purpose of preparing their tender including “Notice Inviting Tender”.
(c) The "SITE” or “SHOP” means the land and/ or other place on into or through which the work
is to be executed under the contract or any adjacent land, part or structure which may be
allotted to or used for the purpose of carrying out the contract.
(d) The "CONTRACTOR" means the individual firm or company whether incorporated or not,
undertaking the work and shall include the legal personal representatives of such individuals
or the person(s) composing the firm or company and the permitted assigns of such individuals
or firm or company.
(e) The" EXECUTIVE IN-CHARGE" means any Executive deputed by BHEL to supervise the
execution of work or part thereof.
(f) The "TIME OF COMPLETION" is the date or dates for completion of the work or any part of the
work as set out in or ascertained in accordance with the individual work or the tender
documents or any subsequent amendments thereto.
(g) “PPE’s” Personal Protective Equipment - Specialized clothing or equipment worn by workmen
for protection against health and safety hazards.

02. DOCUMENT SUBMISSION: -


i) All documents / annexures submitted with the offer shall be properly attached with
the respective sections and pages serially numbered e.g. 1/24, 2/24 and so on. BHEL
shall not be responsible for any missing documents.
ii) Offer & documents submitted along with offer shall be signed & stamped in each
page by contractor’s authorized representative. No overwriting / correction in tender
documents by bidders shall be allowed. However, if correction is unavoidable, the same
may be signed by authorized signatory.
iii) The representative of the Bidder may choose to witness the Tender opening and have to
produce the Authorization Letter in the tender room, before opening of the Tender. The
representatives without Authorization Letter will not be allowed to participate in the Tender
opening.

03. AUTHORIZED SIGNATORY: -


The selected bidder shall submit at the time of signing the contract, authorization from
Proprietor/Competent authority authorizing an official or officials of the company to
discuss, sign agreements/ contracts with BHEL.

04. CHANGE IN CHARACTER OF THE BIDDER: -


In the event, wherein there is any change in the character of the contractor’s firm by
means of change in structure or the transfer of ownership of the firm, the firm has to
inform BHEL well in advance with proper documents that the new entity shall be
contractually accountable to BHEL for the contract signed by the original firm. BHEL
decision in this regard shall be final and binding on the contractor.

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05. OWNERSHIP OF MULTIPLE COMPANIES/ FIRMS: -


To maintain the fairness in bidding, two or more firms with same ownership or agent
cannot participate in same tender. In such cases the BHEL has right to cancel/reject
the offer/order at any stage.
06. WORKS TO BE CARRIED OUT:
The contractor shall arrange all labour, materials, tools, plant, equipment & transport which
may be required for execution of work as specified in tender enquiry, and in the entire execution
of work as per BHEL terms and instructions.

07. DEVIATIONS:
Deviation with respect to tender clauses and additional clauses / suggestions / in Techno-
commercial bid / Price bid may not be considered by BHEL. Bidders are requested to positively
comply with the same.

08. Validity of offer shall be for a minimum period of 90 days from the date of Tender
Opening.
09. TAXES, CESS AND OTHER DUTIES:
All charges on account of taxes, cess terminal or GST and/or other duties on materials obtained
for the work (excluding materials provided by BHEL) shall be to the contractor’s account.

10. LAWS GOVERNING THE CONTRACT:


This contract shall be governed by the Indian Laws.

11. COMPLIANCE TO REGULATION AND BYE LAWS:


The contractor shall conform to the provisions of any statute relating to the work, regulations
and bye-laws of any local authorities.

12. ADMISSION TO SITE:


The contractor shall not enter on (other than for inspection purpose) or take possession of the
site unless permitted to do so by Executive In-charge. The portions of the site to be occupied by
the contractor shall be clearly defined and marked on the site plan, and the contractor will not
on any account be allowed to extend his operations beyond these areas.
BHEL reserves the right of taking over, at any time any portion of the site which it requires and
the contractor shall at his own expense clear such portion within specified time given by
Executive in-charge. The photography of the site of work or any part therein, publishing or
otherwise circulation will not be allowed without the prior written permission from the Executive
in-charge.

13. CONTRACTORS SUPERVISORS:


The contractor shall either himself supervise the execution of the contract or shall appoint
competent authorized representative.

14. LABOUR LAWS TO BE COMPLIED WITH BY THE CONTRACTOR:


 The contractor shall employ labour in sufficient number to maintain the required rate of
progress and of quality required to ensure workmanship of the degree required as per
the specifications.
 Contractor to ensure that the employees deployed in the premises of BHEL are physically
and mentally fit and do not have any criminal record. Such employees should possess
requisite skill, proficiency, qualification, experience etc. Contractor will be responsible
for good conduct of their employees. In case of any misconduct /misbehavior by any
employee, the contractor will replace such employee(s) immediately.
 BHEL shall have the privities of the contract with the contractor only and will give
instructions to the contractor or his authorized representatives. BHEL will have nothing
to do or be concerned with the employment of employees working for the contractor. The
relationship between BHEL and the contractor will be that of independent entities and
nothing herein contained will amount to joint venture, partnership or an employer
employee relationship.
 The contractor shall obtain a valid labour license under the Contract Labour (R&A) Act
1970, and the Contract Labour (Regulation and Abolition) Central Rules 1971, before

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the commencement of the work, and continue to have a valid license until the completion
of work. The contractor shall also abide by the provisions of the Child Labour (Prohibition
and Regulation) Act 1986. The relevant statutory provisions of the State Government of
Uttaranchal shall also be applicable in Toto.
 The contractor shall observe provisions of the Factories Act 1948 in respect of working
hours, holidays, rest intervals, leaves and overtime etc. Also adhere to the provisions of
Employee Provident Fund & Miscellaneous Act 1952, Employee State Insurance Act
1948, Minimum Wages Act 1948, Payment of Bonus Act 1965 and provisions of all other
such Acts applicable and issued from time to time.
 Any failure to fulfill this requirement shall attract the penal provisions of the Contract
arising out of the resultant non-execution of the work.

15. ACCOMMODATION FOR LABOUR:


The contractors shall arrange accommodation for the work people at his own expenses during
the progress of the work. BHEL will not provide any accommodation or place for accommodation
to the contractor.

16. MEDICAL EXPENSES:


The contractor shall arrange all the medical expenses of its labour through ESI or at his own.

17. MOBILIZATION PERIOD:


The mobilization period shall be from the date of issue of Work Order or as specified by BHEL.

18. TOOLS AND PLANTS(T&P) AT SITE:


The contractor, shall at his own expense, supply all tools plants and equipment (herein after
referred to as T & P) required for the execution of the contract other than those listed in Bill of
quantity, which subject to their availability may be given by BHEL on hire basis to the contractor
or issued free for use in execution of the work, as specified in the tender documents.

19. SAFETY AND SECURITY:


a. The contractor shall ensure proper safety of all the workmen, materials, plant and belonging to
him or to BHEL or to others, working at or near the site. The contractor shall also be responsible
for provision of all safety notices and safety equipment required both by the relevant legislation
and the Executive in-charge as he may deem necessary for execution of job.
b. The contractor shall adopt adequate safety measures and use of protective clothing by all the
workmen at site whether engaged or not in actual of work or supervision thereof. The contractor
shall ensure that the workmen on site, use appropriate PPE’s which is necessary for the health
& safety of workmen.
c. The contractor shall be responsible for safety arrangements of all equipment and PPE’s to be
used in connection with the execution of the work and shall ensure employment of only trained
person to operate the equipment. Only tested equipment, tools, wires, ropes etc. shall be used
and shall periodically be tested to the satisfaction of the BHEL. All test certificates shall be
made available to the BHEL at site as and when required. The PPE’s and equipment provided
by contractor shall comply with BHEL specifications/standards which may be taken from safety
department of BHEL.
d. The contractor shall ensure provision and maintenance of lights, guards, fencing with gates and
watching when and where necessary or required by the BHEL or by any one duly constituted
authority for the protection of the work and / or for the safety and convenience of the public or
others.
e. The contractor shall abide by all security regulations at site by the BHEL from time to time. The
contractor shall provide identity badges to their personnel and workmen, which must be
properly displayed by them at site.
f. The contractor and his personnel / workmen shall be subject to security check by BHEL's own
security personnel or CISF (if engaged by the BHEL) for the overall protection of the project.
g. In case any accident occurs during the construction/ erection or other associated activities
undertaken by the contractor thereby causing any minor or major or fatal injury to his
employees due to reason whatsoever, it shall be the responsibility of the contractor to promptly
inform the same to BHEL Executive in-charge in prescribed form. The contractor will be
responsible for all pecuniary liability if any under such circumstances. Contractor shall take all
statutory and regulatory approvals and comply with all formalities before start of work for safety
and security.

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h. Medical examination of contract employees to be carried out by contractors as per statutory


rules and regulations.
i. Work permit system shall be complied for work at height/excavation/ confined space and other
work as per BHEL requirement.
j. Contractor shall abide specific health and safety requirement as per statutory norms.
k. The contractor shall ensure/review aspects of appropriate activity hazard analysis and establish
safe work procedure.

20. CANCELLATION/SHORT CLOSURE OF CONTRACT:


In case of non fulfilment of conditions by contractor or otherwise, BHEL reserves the right to
cancel the contract at any stage by giving 30 days’ notice.
BHEL also reserves the right to short close the contract at any stage giving 30 days’ notice to
the contractor without assigning any reasons thereof.

21. SUSPENSION OF BUSINESS DEALINGS WITH CONTRACTORS: -


In order to protect the commercial interests of BHEL, it becomes necessary to take
action against suppliers / contractors by way of suspension of business dealings, who
either fail to perform or are in default without any reasonable cause, loss of business /
money / reputation, indulged in malpractices, cheating, bribery, fraud or any other
misconducts or formation of cartel so as to influence the biding process or influence the
price etc. Guide- lines for Suspension of Business Dealings with Suppliers / Contractors
shall prevail over which is available at BHEL website http://www.bhel.com
The offers of the bidders who are under suspension as also the offers of the bidders,
who engage the services of the banned firms, shall be rejected. The list of banned firms
is available on BHEL web site www.bhel.com.
22. INSPECTION AND RECORDS:
The contractor shall supervise the work quality through qualified deployed manpower
so as to ensure that the Works under this contract are carried out entirely to the quality
standards of BHEL.
23. VARIATION OF PRICE.
No escalation in cost/price variation will be permitted during the contract period unless
the same is specified in the tender.
24. OBLIGATION: -
(A) OBLIGATION OF THE CONTRACTOR
I. CONTRACTUAL
i. The Contractor shall ensure that adequate no. of workmen is deployed for
execution of the work awarded to him for ensuring uninterrupted working.
ii. The authorized representative of The Contractor shall be available at all time to
supervise the work allotted to him.
iii. The Contractor to ensure that the workmen deployed in the premises of BHEL
are physically and mentally fit and The Contractor should ensure that all the
workmen who are not regular employee of The Contractor are having Police
Verification. Such workmen should possess requisite skill & experience.
iv. In case of any misconduct/misbehavior by any workman, The Contractor will
replace such workmen immediately.
v. It will be responsibility of The Contractor to provide all necessary resources
(man and machineries) as may be required, to perform the scope of work.
BHEL shall issue necessary plant passes to The Contractor employees and its
Contractor’s workmen deployed for carrying out the job.

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vi. The Contractor will be liable for any pilferage/loss to BHEL due to acts of
omission and commission by their workmen, if the reasons for such act is
attributed to the Contractor
vii. The Contractor should ensure proper maintenance and safety of all their
equipment along with spares and consumables, material and plants belonging
to him or to BHEL. The Contractor shall be responsible for enforcing all safety
rules and regulations as per applicable statutory requirements at the work
place and as notified from time to time.
viii. The Contractor shall ensure that all their workmen wear the required PPE
(personnel protective equipment) while working on the jobs. The Contractor
shall ensure all safety precautions for prevention of accidents of their
workmen.
ix. The contractor shall ensure payment of minimum wages (as notified) to the
contract labour deployed by him.
x. The contractor shall ensure payment of wages to their labours latest by 7 th
date of the following month.
xi. In case of any accident, it will be the sole responsibility of The Contractor to
provide necessary medical aid to their injured workman and liaison with the
concerned authorities i.e. ESI etc.
xii. The Contractor will be responsible for up keeping and maintenance of all tools
& tackles issued to them. Any loss or damage of the same will be recovered
from The Contractor.
xiii. In the event of termination of contract for any reason whatsoever The Contractor
shall withdraw all their workmen from the premise of BHEL within the specified
period. In case The Contractor decides to terminate services of their workmen,
The Contractor should settle all terminal dues and shall indemnify BHEL against
all such claims.

II. TOWARDS STATUTORY LIABILITY


i. The Contractor shall comply with all statutory requirements, rules regulations,
and notifications in relation to employment of their workmen issued from time
to time by the concerned authorities.
ii. The Contractor shall keep BHEL indemnified against all claims and losses
under various Labour Laws, statutes or any civil or criminal law in connection
with workmen deployed by him.
iii. The liability for any compensation on account of injury sustained by any
workman of The Contractor will be exclusively that of The Contractor.
(B) OBLIGATION OF M/s BHEL
I. FACILITIES TO BE PROVIDED BY CFFP, BHEL, (free of cost unless otherwise
specified):
i. Space inside CFFP’s premises for execution of work.
ii. Power supply for execution of work as per work requirement.
iii. In case any facility used by contractor, the same will be charged in running bills.

25. SPLITTING THE WORK: -


Not applicable

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26. EARNEST MONEY DEPOSIT


(a) Vendor is required to deposit the EMD as specified in NIT.
(b) EMD shall not carry any interest.
(c) Modes of deposit:
The EMD may be accepted only in the following forms:
(i) Cash deposit as permissible under the extant Income Tax Act (before tender
opening) or any other Act/ Regulation.
(ii) Electronic Fund Transfer credited in BHEL account (before tender opening)
(iii) Banker’s cheque/ Pay order/ Demand draft, in favor of BHEL (along with offer).
In addition to above, the EMD amount in excess of Rs. Two Lakh may also be
accepted in the form of Bank Guarantee from scheduled bank. The Bank
Guarantee in such cases shall be valid for at least six months.
(d) Forfeiture of EMD
EMD by the Tenderer will be forfeited as per NIT conditions, if:
i)
After opening the tender and within the offer validity period, the tenderer revokes
his tender or makes any modification in his tender which is not acceptable to
BHEL.
ii) The Contractor fails to deposit the required Security deposit or commence the
work within the period as per LOI/ Contract.
(e) EMD by the tenderer shall be withheld in case any action on the tenderer is
envisaged under the provisions of extant “Guidelines on Suspension of business
dealings with suppliers/ contractors” and forfeited/ released based on the action as
determined under these guidelines.
(f) EMD given by all unsuccessful tenderers shall be refunded normally within fifteen
days of award of work.
(g) EMD of successful tenderer will be retained as part of Security Deposit.
(h) EMD deposited in any modes other than specified at (c) above shall lead to cancellation of
the offer.

27. SECURITY DEPOSIT(SD):


The contractor shall furnish the security deposit immediately on issue of the Letter of intent/
work order and before the commencement of work.
The total amount of Security Deposit will be 5% of the contract value. EMD of the
successful tenderer shall be converted and adjusted towards the required amount of
Security Deposit.
Security deposit may be furnished in any one of the following forms:
i. Cash (as permissible under Income Tax Act) or any other Act/ Regulation.
ii. Pay order, Demand Draft in favor of BHEL.
iii. Local cheques of scheduled banks, subject to realization
iv. Bank Guarantee from Scheduled Banks/ Public Financial Institutions as defined
in the Companies Act. The Bank Guarantee format should have the approval of BHEL
v. Securities available from Post Offices such as National Saving Certificates, Kisan Vikas
Patras, etc. (certificates should be held in the name of Contractor furnishing the security
and duly pledged in favor of BHEL and discharged on the bank).
vi. Fixed Deposit Receipts issued by scheduled Banks/ Public Financial Institution as
defined in the Companies Act. The FDR should be in the name of contractor, A/c BHEL,
duly discharged on the back.
vii. Security deposit can also be recovered at the rate of 10% of Security amount from the
running bills. However, in such cases at least 50% of the security deposit must be
deposited before start of work and balance 50% may be recovered from the running bills.

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viii. EMD of the successful Tenderer shall be converted and adjusted against security
deposit.
ix. The security deposit shall not carry any interest.

28. BANK GUARANTEE:


In case the bank guarantees are required to be deposited towards security deposit/performance
guarantee or for any other purpose as per the terms of the tender enquiry, such bank guarantees
of the requisite value in the denominated currency of the purchase order should be from one of
the Indian branch of BHEL consortium banks and the bank guarantee should be in the proforma
as prescribed by BHEL. The proforma of bank guarantee and the list of consortium banks are
displayed at BHEL website www.bhelhwr.co.in. However, in case the bank guarantee is not
from BHEL consortium banks, then the bidder has to get the bank guarantee confirmed from
one of the Indian branch of BHEL consortium banks and the bank charges for such confirmation
will be borne by the bidder.

29. REFUND OF SECURITY DEPOSIT:


Security Deposit shall be released to the Contractor upon fulfilment of contractual
obligations as per terms of the contract.
30. GOODS & SERVICE TAX: -
Bidder has to specify the following in their techno-commercial bid (part I bid in case of
two part bid):
I. a) Legal Name of the bidder as in GST registration, GST registration No., State,
Place of business, category of registration under GST i.e. Registered dealer /
Unregistered dealer/ dealer opted for Composition Scheme,
b) HSN (Harmonized System Nomenclature)/ SAC (Service Accounting Code),
description of Goods/Services and applicable IGST/ CGST/ SGST rate and any other
statutory levy, if any, for each item of Goods or Services.
II. a) Unregistered Dealer - In case of unregistered dealer, if GST will have to be paid
by BHEL under reverse charge mechanism, the same shall be added to the quoted price
for evaluation bid.
b) Dealer opting for Composition Scheme - In case of registered dealer, who opt for
composition scheme at the time of submission of bid, no GST will be payable to the
bidder and also same will not be considered for evaluation of bid. Dealer has to declare
in technical bid that no GST is shown separately in price bid. However, in case at the
time of actual supply, the bidder charges GST at normal rate, the same shall be
reimbursed subject to the availability of GST credit to BHEL. In case GST credit is not
available to BHEL, no GST will be payable to the bidder.
III. Reimbursement of GST shall be made by BHEL-Haridwar on matching of
Contractor inputs as mentioned below at GST portal and after ensuring of availability
of input credit to BHEL, Haridwar. Hence, Contractor has to ensure compliance as
follows: -
a) Timely raising & submission of GST compliant Invoices
b) Timely receipt of GST
c) Timely and correct payment of applicable GST by supplier/contractor
d) Timely filing of return
e) Compliance of other applicable provisions on supplier/contractor has to also give
consent to accept payment of tax after such matching in all cases where bills are
submitted directly to BHEL.
IV. In the event of any disallowance of input credit (including reversal of credit) or
applicability of interest or arising of any other financial liability on BHEL-Haridwar due
to any default of supplier/contractor under GST such as non/delayed receipt of

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Good/Services, delayed raising & submission of invoices, delayed payment of tax,


non/wrong declaration of sale by Contractor in return etc. or any other reason not
attributable to BHEL, such implication shall be to supplier’s/contractor’s account and
will be deducted from bills.
V. In case of Liquidated damage (LD) recovery, the applicable GST shall also be
recoverable from the suppliers. TDS or any other tax on GST shall also be deductible
as per prevailing Acts/regulations.
31. PAYMENT TERMS AND PAYMENT PROCEDURE:
Payments will be made to the contractor on successful completion of work on
production of bills/ Invoice. The contractor has to submit Monthly Bill, Measurement
Book with all necessary documents duly signed by the authorized persons to the
concerned department.
Payment shall normally be released every month within 15 days from the date of
submission of clear bills along with all supporting documents.
Payments will be made through e-payment system after deduction of Income tax at source as
per Income Tax Act. Irrespective of the running payments made by BHEL at different stages,
the Contractor shall be entitled to the payment upon successful completion of the works as
per the contract only.
BHEL shall have no payment obligation for the period of Force Majeure/ Reasons beyond the
control of any party.

32. PENALTY CLAUSE


Because of delay attributed to contractor, the contractor fails to complete work on or before the
scheduled date of completion, a penalty amount equal to 0.50 percentage of the contract value/
unexecuted portion (as applicable) for every week of extension sought beyond the scheduled
date of completion up to max. 10 % of the contract value shall be imposed on contractor. Such
amount may be adjusted or setoff against any sum payable to the contractor under this or any
other contract.
No penalty shall be imposed on contractor for the period of Force Majeure/ Reasons beyond the
control of any party.

33. RECOVERY FROM THE CONTRACTOR:


Whenever under the contract any amount becomes recoverable from the contractor, the same
may be deducted from any sum then due or which at any time thereafter may become due to
the contractor under the contract or under any other contract with BHEL or from his security
deposit, or he shall pay the claim on demand.

34. RISK PURCHASE CLAUSE: -


In case of delays in supplies / defective supplies/ incomplete work or non-fulfilment of
any other terms and conditions given in Work Order, BHEL may cancel the work Order
in full or part thereof and may also make the procurement of such material/service
from elsewhere / alternative source at the risk and cost of the supplier/contractor.
BHEL will take all reasonable steps to get the material/service from alternate source
at optimum cost. If bidder does not agree to the above Risk Purchase Clause, BHEL
reserves the right to reject the offer. In the eventuality of Risk Purchase, appropriate
action will be taken as per BHEL extant rules. This will be without prejudice to any
other right of BHEL under the contract.
35. BENEFITS TO MSE BIDDERS: -
MSEs shall be exempted from payment of Earnest money & tender cost at the time of
tender deposit. However, there is no exemption of security deposit submission.
Benefits to MSE bidders as applicable, shall be given as per rule upon submission of
Udyog Adhar along with certificate from Chartered Accountant or any other applicable
document.

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No benefits shall be applicable for that particular enquiry if the required documents
are not submitted before price bid opening.
36. BENEFITS UNDER MAKE IN INDIA: -
Benefits under make in India order 2017 and subsequent shall be extended as per rules
if applicable.
37. SETTLEMENT OF DISPUTES/ ARBITRATION
In all cases of dispute, the matter shall be referred for ARBITRATION by sole
arbitrator to be appointed with mutual consent of the parties. BHEL shall suggest 3
names out of which the contractor will have to select the arbitrator. The award of the
Arbitrator shall be final and binding on both the parties. The place of Arbitration
shall be Haridwar.
JURIDICTION: The courts of Haridwar, India, shall have exclusive jurisdiction
38. FORCE MAJEURE CLAUSE
Notwithstanding any other thing contained anywhere else in the contract in case the
discharge of obligation under the contract by either party is impeded, neither party
shall be considered in breach of the contract to the extent that performance of their
respective obligation is prevented by an event of Force Majeure that arises after the
effective contract date.
In the above clause, Force Majeure means an event beyond the control of the parties to
the contract which prevents a party from complying with any obligation of the contract
including but not limited to:
a) Act of God (Such as but not limited to earthquake, drought, tidal waves, floods
etc.).
b) War (whether war be declared or not), Hostilities Invasion, Act of foreign enemy
etc.
c) Rebellion, revolution, insurrection, civil war etc.
d) Contamination of Radio Activity from any nuclear fuel or from any other nuclear
waste or any other hazardous materials.
e) Riots, commotions, strike unless restricted to the employees of supplier.
f) Acts of terrorism.
g) Change in law/ Regulation making the performance impossible.
The party claiming to be affected by force majeure shall notify the other party in writing
immediately without delay on the intervention and on the cessation of such
circumstances.
39. FRAUD PREVENTION POLICY: -
The Bidder along with its associate / collaborators / sub – vendors / consultants /
service providers shall strictly adhere to BHEL Fraud Prevention Policy displayed on
BHEL website http://www.bhel.com and shall immediately bring to the notice of BHEL
Management about fraud or suspected fraud as soon as it comes to their notice”. Fraud
Prevention policy and List of Nodal Officers shall be hosted on BHEL website, vendor
portals of Units / Regions intranet.
40. EVALUATION IN CASE OF MORE THAN ONE L-1 BIDDER: -
In the course of tender evaluation, If more than one bidder happens to occupy L-1
status, effective L-1 will be decided by soliciting discounts from the respective L-1
bidders. In case more than one bidder happens to occupy the L-1 status even after
soliciting discounts, the L-1 bidder shall be decided by a toss/ draw of lots, in the
presence of the respective L-1 bidder(s) or their representative(s). Ranking will be done
accordingly. BHEL’s decision in such situations shall be final and binding to the
bidders.

12 / 18
FF:20:MPS:RM:WC:04:068

41. QUOTED RATES: -


Rates should be quoted as per the Price Bid. Rates quoted in any other form will not be accepted
and is liable to be rejected.
a) If, in the price structure quoted for the required goods / services / works, there is
discrepancy between the unit price and the total price (which is obtained by multiplying the
unit price by the quantity), the unit price shall prevail and the total price corrected
accordingly, unless in the opinion of the purchaser there is an obvious misplacement of the
decimal point in the unit price, in which case the total price as quoted shall govern and the
unit price corrected accordingly.
b) If there is an error in a total corresponding to the addition or subtraction of subtotals, the
subtotals shall prevail and the total shall be corrected; and
c) If there is a discrepancy between words and figures, the amount in words shall prevail,
unless the amount expressed in words is related to an arithmetic error, in which case the
amount in figures shall prevail as above.

42. REVERSE AUCTION: As mentioned in NIT. “BHEL shall be resorting to Reverse


Auction (RA) (Guidelines as available on www.bhel.com) for this tender. RA shall
be conducted among all the techno-commercially qualified bidders.
Price bid of all techno-commercially qualified bidders shall be opened and same
shall be considered as initial bids of bidders on RA. In case any bidder(s) do(es)
not participate in online Reverse Auction, their sealed envelope price bid along
with applicable loading, if any, shall be considered for ranking.”

*****************************

13 / 18
FF:20:MPS:RM:WC:04:068 Annexure-II

Work: RLA (Remnant Life Assessment) Test for 15 TPH Fire Tube Boiler (UP-
3660).
Scope of Work
15 TPH Boiler of fire tube type is operated in plant services at CFFP BHEL Haridwar, to feed steam
in Vacuum Degassing Units in Steel Melting Shop (SMS). Details of Boiler are described in attached
Annexure-I. For RLA/Health assessment of the boiler, scope of work shall as below:

Scope of Bidder

1. To carry out the testing & study of 15 TPH boiler at CFFP BHEL Haridwar.

 Visual testing
 Dimensional measurement
 Ultrasonic Testing
 Ultrasonic Thickness
 Dye Penetration Testing
 Magnetic Particle Testing
 Oxide scaling Measurement
 Fibroscopy Inspection
 Hardness Measurement

Any tests/study not covered here but essentially required by Chief Inspector of Boiler (CIB)
Uttarakhand shall also be in the scope of bidder.

2. All Co-ordination with Indian Boiler Regulations (IBR) authority Uttarakhand.


3. Completion of testing & study of boiler within 5 days (Including Sunday and Holiday).
4. Preliminary report submission within three days after completion of all tests.
5. Final report submission within 30 days from after completion of all tests.
6. All the works are to be carried out as per IBR regulations.
7. Permissions required for above work (if any) from Chief Inspector of Boiler (CIB) Uttarakhand
shall be in the scope of bidder.
8. BHEL will intimate date of start of work at least 6 days in advance.
9. Food, lodging, transportation etc. of testing team shall be arranged by Bidder.

Scope of M/s BHEL

1. Arranging platforms for making access to the equipment for conducting Inspection/ study and
testing, lighting & power point.
2. Removal and re-fixing of insulation at the required test point.

14 / 18
FF:20:MPS:RM:WC:04:068
Annexure-II.cont....
BOILER DETAILS
S. No. Boiler/ Parameter UP 3660
1. No. of burner 1
2. Capacity 15 TPH
3. Type of Boiler Fire tube
4. Fuel Natural Gas
5. Heating surface area 452 M2
6. No. of tubes (Plain + Stay) in IInd pass 173+28=201
7. No. of tubes in IIIrd pass 149+24=173
8. Manufacturer Westerwork Engineers Ltd Bombay
9. Year of manufacture 1976
10. Age of Boiler 44 years
11. Plain Tube (OD ×Thickness × Length) 63.50×3.25×6100
(mm×mm×mm)
12. Stay Tube (OD ×Thickness × Length) 63.50×6.535×6100
(mm×mm×mm)
13. Date of commissioning 1976-77
14. Total running hours (Approx) 52000
15. Boiler design parameter Not Available

16. Boiler operating parameters(Steam outlet Not Available


Flow, Pressure & Temperature at the time of
commissioning)
17. Boiler operating parameter((Steam outlet Flow, Flow-Rate:10-12 TPH
Pressure & Temperature at present) Press: 12.6 Kg/cm²
Temp : Saturation Temp
18. Guidelines by CIB Maximum working Pressure was
reduced from 13.15 to 12.6 Kg/cm2 by
CIB in 2017 considering RLA report
recommendations.
19. Area wise Pressure parts failure history since As per known details -IInd/IIIrd Pass
date of commissioning, tubes changed in 2016, 2012, 2008,
2003 and end plate changed in 2016 and
2002.
20. Previous RLA study.
A Period 14.06.2016 to 17.06.2016
B RLA Study recommendation: 1. On the basis of test results Boiler’s
maximum working pressure was
reduced to 12.6 Kg/cm2.
2. Observed abnormalities were
rectified.

15 / 18
FF:20:MPS:RM:WC:04:068 Annexure-III

Work: RLA (Remnant Life Assessment) Test for 15 TPH Fire Tube Boiler (UP-3660)

PRE QUALIFICATION REQURIEMENT

Bidder should meet all the clauses mentioned below. Bidder not meeting any of these clause will not
be considered.
Vendor
S.
Description Of Criteria Documents Required Confirmation/Re
No.
marks
Only Central Boilers Board
(CBB) recognized organizations
possessing certificate of “Well
known Remnant Life Assessment
Organization” under Indian Copy of certificate from CBB
1
Boiler regulations, 1950 shall be must be enclosed with the offer.
considered for evaluation of
Tender. The Certificate must be
valid on tender opening date
(Part-1).
In case the certificate from CBB
is going to expire before the
mentioned contract period, it is
responsibility of contractor to get
Confirmation required from
2 the certificate revalidated at least
Vendor.
15 days prior to start of work (for
the validity up to contract period)
else Work Order shall stand
cancelled automatically.
Offer of only those bidders will be
considered who have already
carried out at least one number of Work order/ PO copies along with
3 similar work i.e. RLA Test of invoice copies are to be enclosed
minimum capacity of 15 TPH in with the offer.
last 5 years as on tender opening
date (Part-1).

16 / 18
FF:20:MPS:RM:WC:04:068
ANNEXURE- IV

Following Check List to be filled by the bidder.

Subject: Submission of Latest Detail by bidder.

Sir,
Our Latest detail may please be updated in your records; details are as below-

Parameter Yes/No Detail


Email ID
Mobile No.
Landline No.
Postal Address

Contact Person
Mobile No.
Owner Detail
GST detail
PAN No.
PF detail
ESI Detail
Udyog Aadhaar, and CA
certificate for MSE’s
PQC/ Specific T&C

Competency/
Completion
certificate
Experience

Remarks, if any

Contractor's Sign &


Stamp on each
submitted page

Supporting documents, if any, to be submitted with tender.

Sign & Seal of tenderer

Page 1 of 1
17 / 18
Annexure - V

PRICE BID
NAME OF PARTY: Dated: _________

ADDRESS OF PARTY:

TENDER NO: FF:20:MPS:RM:WC:04:068

WORK: RLA (Remnant Life Assessment) Test for 15 TPH Fire Tube Boiler (UP-
3660) at CFFP BHEL Haridwar.

PERIOD: 6 Months

RATE (Rs. /Job)


S.NO. DESCRIPTION OF WORK QTY
In Figures In words

RLA (Remnant Life


Assessment) Test for 15 TPH
1 Fire Tube Boiler (UP-3660) 1 JOB.

GST EXTRA GST EXTRA

NOTE:
1. The contractor must quote their rates as per scope of work of this tender inclusive of liaison
charge, PF, ESI and contractors profit etc.
2. Above rate quoted is exclusive of GST, which shall be paid extra as applicable.
3. Over writing for correction or application of correction fluid is not allowed. Where ever
correction is there, it has to be duly authenticated by signature of authorized person.
4. Prices are to be indicated in both figures and words. In case the prices indicated in words and
figures are different, the value indicated in words will be taken into consideration.
5. In case more than one L-1 bidders happen, clause 40 of general T&C shall be adopted to
decide L-1 bidder, which shall be acceptable to all the bidders.

Signature of Contractor with stamp

18 / 18

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