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Contract and Materials management Group

Kudankulam Nuclear Power Project

(A Govt. of India Enterprise)

NUCLEAR POWER CORPORATION OF INDIA LTD.

KUDANKULAM PO. Radhapuram Taluk, Tirunelveli District - 627 106, Fax : 04637- 282197

GST No.: 33AAACN3154F2ZW TIN No. : 33655601872 Dt. 01/01/2007

FORM NO.CMM-45(REV.4)

KKNPP, Unit-1&2

Dear Sirs,

Sl. No Description of Ite Quantity Unit Rate

1.

As per Annexure A enclosed

List of Annexures :

Delivery Period Prices:

Place of Delivery:

Please acknowledge receipt immediately in the form sent herewith

Yours faithfully,

For and on behalf of Nuclear Power Corpn. of India Ltd., (The Purchaser)

PURCHASE ORDER NO :

Your offer contained in the Tender No. dated to supply the under mentioned

1. Annexure A - 2. Annexure B - 3. Annexure C -

5. Annexure E - 4. Annexure D -

(Sukhada R)

As per clause No. 1 of Annexure C As per clause No 5 of Annexure C

As per clause No 15 of Annexure C

1. Your offer no: SCG/18-19/412, Dt: 04/12/2018 submitted through e-mode.

MGR(CON)

Date : 08/03/2019

Technical Specification Schedule of Quantities & Rates Terms & Conditions

GST Declaration Check List 17124

KKNPP/CMM//

Value S tor es is a cce p ted fo r a nd o n b e h a lf o f th e N u clea r P ow e r C o rp o ra tio n o f In d ia L td ., su b je ct to th e G en e ra l C o n dit io n s o f Co n t ra c t g o v e rn ing th e su p p ly o f S to re s, d e ta ile d in th e Fo rm N o . G CC / S u p ply-1 /R e v-4 e n title d "

G en e ra l Co n d itio n s of Co n t ra ct G ov er nin g S u pp ly o f S tor es " a p plic a b le to the co n tr ac ts fo r in d ig e n o us st o re s p lac ed b y t he N uc le a r P o we r C o rp or ation o f In d ia L t d., (A G o ve rn m e n t of In dia E n t e rp ris e) a n d su b je c t to th e te rm s a n d co n d itio n s co n ta ine d in th e P u rch a se O rd e r, to th e e x te n t o f t h e q ua n tit y a n d a t th e p ric e sp e cifie d b e lo w :

G en e ra l C o n d itio ns o f C o n tra ct go ve r nin g t h e su p p ly o f s to re s, a p p lica b le t o C o n tra ct s fo r In d ig en o u s S to re s, p lac ed b y N u cle ar P o we r C o rp o ra tio n o f In d ia L td ., (A G o ve rn m e n t o f In d ia E n t e rp rise ) de t a ile d in F o rm N o.

G CC / S u p p ly- 1/ R e v-4 , S p e cia l C o nd itio n o f t he C o n tr ac t (S C C ), if a n y a n d th is P u rch a se O rd e r sh a ll b e th e so le re p o sito ry of t h e C o nt ra ct.

Ref:

SSI/MSME-Small To

M/s . Shreeji Carbonic Gases Plot No.252

Sector-12/b

Gandhidham-370 201

Ph: 02836-221292,232444 Fax : 230444

03/12/2018

KKNPP/1&2/CMM/17124/PO:13067

-sd/-

(2)

Sl.

No Description Quantity UOM Unit Price GST Total Price

NUCLEAR POWER CORPORATION OF INDIA LTD.

(A Govt. of India Enterprise)

Kudankulam Nuclear Power Project

Contract and Materials Management Group

Annexure A

Material Code

08/03/2019

Date :

KKNPP/1&2/CMM/17124/PO:13067

PURCHASE ORDER NO :

[E] = [A] * [C]

[D]

[C]

[B]

[A]

(INR) (INR)

(18.00%) 165.42 1 Filling, Supply, Unloading, Loading and

Safe Transportation ( to & fro) of Hydrogen Gas (H2) of Grade-1 as conforming to IS1090:2002 in Contractors Cylinders of 7 Cu.M capacity " on as and when required basis" for the Period of 18 Months as per the specifications and Terms & Conditions enclosed in Annexure - B.

No 919.00 4,337,680.00

4000.00 -

4,337,680.00 Total

(Sukhada R)

MGR(CON)

Page 2 Of 11

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Page 3 of

Annexure to Purchase Order NO : KKNPP/CMM/17124/PO :13067 , DATE :08/03/2019

1

Filling, Supply and delivery of Hydrogen gas in Suppliers cylinders of 7CuM capacity as per the following specification

a) Hydrogen gas of Gr ade -1 as conforming to IS 1090:2002 b) Filling Pressure should be 150kg/cm2

c) Settling pressure should be 135-140kg/cm2

2 Contractor scope of work includes Loading & unloading, safe transportation (to &

fro), Filling, Supply and delivery of Hydrogen gas cylinders at our site.

3 Chemical analysis report regarding purity regarding Hydrogen purity, Moistures content & chemical composition and pressure shall accompany each batch of supply, failing which supply shall be summarily rejected. Also Chemical analysis report of randomly for 10nos. supplied filled hydrogen gas cylinder to be submitted along with the supply of filled cylinder.

4 Inspection shall be carried out at site as per our specification. Test certificates verification, inspection of cylinders and purity of hydrogen gas and the pressure of hydrogen gas in the cylinders will be checked at KKNPP end as per our specification.

5 Contractor shall ensure the following conditions w.r.t supplied cylinders.

a) The valid (tested) hydrogen gas cylinder as per Gas cylinder rule- 2016 should be used only for filling & supply of hydrogen gas.

b) The supplier shall produce the following documents for the supplied cylinders as detailed in per Gas cylinder rule 2016.

i Self attested Copy of filling permission certificates issued by CCE, Nagpur (PESO).

ANNEXURE - B

NUCLEAR POWER CORPORATION OF INDIA LTD

(A Govt. of India Enterprise)

Kudankulam Nuclear Power Project

Contracts and Materials Management Group

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Page 4 of

ii Self attested Copy of valid hydro test certificates by the PESO recognized hydrogen

gas cylinder testing station as mentioned in the Rule-35 of Gas cylinder rule 2016.

iii The particulars in hydro test certificates shall be as per Schedule IV under Rule-35 of Gas cylinder rule 2016.

iv Each supplied cylinder should be fitted with valve as per IS: 7285 in without damaged condition and cap shall be provided to all supplied cylinders.

6 Filled cylinders shall be delivered within 10 days from the date of intimation through Fax/Email by NPCIL.

7 Filled Gas Cylinders will be used within 45 days from the received date at our end and send for refilling. So, the free time (retention time) for usage of Filled Gas Cylinders at our end is 45 days.

8 Free time is defined as day at which the filled cylinders are received at site to the day at which the contractor has been informed through email to take out the empty cylinders from site. While quoting, Contractor shall be considering the free time for usage of Filled Gas Cylinders for 45 days.

9 Empty cylinders shall be collected within 7 days from the date of intimation through Fax/Email by NPCIL.

10 Supply shall be usually drawn in a lot of 100 Cylinders or more. However, in case of urgent requirement, lesser quantity shall also be drawn.

11 For smooth operation around 700 nos. cylinders can be used for rotation of cylinders.

[R. Sukhada]

Manager (Contracts)

(5)

Annexure to Purchase Order No.

Commercial Terms and Conditions :

NUCLEAR POWER CORPORATION OF INDIA LTD.

Contracts and Materials Management Group

Kudankulam Nuclear Power Project

(A Govt. of India Enterprises)

KUDANKULAM PO. Radhapuram Taluk, Tirunelveli District - 627 106, Ph: 04637-282182 Fax : 04637- 282197 ANNEXURE - C

DATE : 08/03/2019 KKNPP/1&2/CMM/17124/PO:13067

Prices stipulated in the purchase order are for delivery on CIP [Carriage & Insurance Paid to] KUDANKULAM SITE (as per INCO Terms 2010) basis.

Prices shall be firm throughout the currency of the contract.

Prices

1

The contract shall be valid for a period of 18 months from the date of order or the entire supplies are executed, whichever is earlier

Validity of the Contract

2

1) Goods and Services Tax (GST), as mentioned in Annexure - A shall be reimbursed only upon its population in the GST Portal. The Purchaser will not be liable to pay any increase in Goods & Services Tax, if the contract is delayed beyond the contractual period.

2) The Contractor shall submit the "Declaration Form for GST" (enclosed as Annexure - D) to the Purchaser duly signed by the Contractor or their authorized representative with company seal along with invoice (s).

3) ANTI-PROFITEERING RULES 2017, AS PER GST ACT 2017

3 (i) In compliance to Anti-Profiteering Rules 2017 (of CGST Act 2017), the contractor shall ensure that reduction in rate of tax on supply of Goods or Services or both or the benefit of Input Tax Credit (ITC) has been passed on by the contractor to the Purchaser through commensurate reduction in price (s)

Goods and Service Tax (GST)

3

a) In terms of clause no. 3.4.2 of GCC/Supply-1/Rev-4, the Contractor shall furnish a Security Deposit for Rs. 367600 ( Rupees Three Lakhs Sixty Seven Thousand Six Hundred only ) being the 10 % of the order value (basic price).

b) The Security Deposit shall be furnished in the form of a Bank Guarantee to be got executed by any

Nationalised /Scheduled Bank in favour of the Purchaser within 30 DAYS from the date of issue of this Purchase Order ie, on or before 30/04/2019 in a form and manner acceptable to the Purchaser (Format enclosed).

c) The Bank Guarantee shall remain valid till the expiry of (90) Ninety days from the date of the Contractual Delivery Schedule.

d) If the Contractor fails to provide the Security Deposit as stated herein above, within 30 days from the date of issue of the Purchase Order such failure shall constitute a breach of contract and the Purchaser shall be entitled to cancel the Contract and make alternate arrangements for the purchase of the stores contracted from other sources at the risk and expense of the Contractor hereof and / or recover from the Contractor the damages arising from such cancellation.

e) In the event of the Contractor fails to fulfill the obligations under the Contract, the Purchaser shall have the right to encash and appropriate Security Deposit Bank Guarantee.

Security Deposit

4

Page 3 Of 11

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08/03/2019 DATE :

KKNPP/1&2/CMM/17124/PO:13067

Special Instructions:

Bank guarantee(s) shall sent directly to the Purchaser by the concerned Bank under their seal and cover for acceptance along with Covering Letter addressed to Head (C&MM), Kudankulam Nuclear Power Project, NPCIL, Kudankulam PO, Radhapuram Taluk, Tirunelveli - 627 106.

Where the Contractor fails to maintain the Contractual Delivery Schedule, the Contractor shall extend the validity of Bank Guarantee(s) suitably without prejudice to the terms and conditions of the contract

Note:

Security Deposit shall be valid for the period of 18 Months + 3 Months grace period to lodge claim if any, from the date of receipt of purchase order.

The stores covered under this purchase order shall be supplied in a phased manner, on "as and when required basis" within 10 days from the date of intimation from Purchaser. The status of supply should be updated promptly upon receipt of such intimation.

However, all stores shall be supplied within validity period of the contract.

In the event contractor fails to execute supply the ordered stores within the Contractual Delivery Schedule, the purchaser shall be entitled at his option to the following:

a] To procure ordered stores from elsewhere at the contractors risk and cost.

b] To accept / to reject the delayed delivery or to cancel the Purchase Order. In case of acceptance of delayed stores such acceptance shall not entitle the contractor to claim payment on account of escalation or extra payment on account of increase of statutory levies that may be payable at higher rate after the expiry of contract delivery date.

In case the contractor fails to apply and secure extension of contractual delivery schedule before handing over the facilities, acceptance of facility by the purchaser will in no way prejudice rights of the purchaser to levy liquidated damages for delays nor will it entitle contractor for payment of additional statutory levies that comes in to force after the expiry of the contractual delivery schedule.

Contractual Delivery Schedule

5

In case of any delay in executing the contract as per the "Contractual Delivery Schedule Clause" for individual request on "as and when required basis" , Liquidated Damages at the rate of 1% per week or part thereof on the delayed/undelivered portion of supplies will be recovered from your bills subject to a maximum of 5%. of the value (Basic Price) of the delayed/undelivered quantity

Goods & Service Tax on Liquidated Damages, as applicable shall be borne by the Contractor and shall be recovered from the payment due to them

Liquidated Damages

6

Page 4 Of 11

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08/03/2019 DATE :

KKNPP/1&2/CMM/17124/PO:13067

The Contractor shall be liable for defective Stores, as stipulated in clause 6 of GCC/Supply-1/Rev-4 contained in Tender specification

Contractors Liability

7

100% payment will be made within 30 days from the date of receipt, inspection and final acceptance by our user department at site on pro-rata basis.

Payment

8

The following documents shall invariably be submitted to Senior Manager (F&A), Kudankulam Nuclear Power Project, NPCIL, Kudankulam PO, Radhapuram Taluk, Tirunelveli - 627 106 for payment.

* Invoice duly complied with GST provisions in triplicate

* Declaration in respect of GST as per the format duly filled & signed with office seal.

[Annexure-D enclosed].

Please Note:

1. While submitting bills/documents for payment, supplier shall check with the check list enclosed to ensure that all the required documents are submitted and shall enclose the check list along with their bills/

documents duly signed with Office Seal directly to paying authority.

2. It shall be noted that no payment will be released by our paying authority, unless otherwise all the required documents, certificates, documentary evidence/s in support of their claim etc., are submitted

in terms of order.

3. To avail Payment through RTGS mode, kindly furnish the following details in your invoice &

Any charges towards the same will be to your Account.

Name of the Party : Name of the Bank : Account Number : IFSC Code No. :

(11 digits Paying Authority/Bills for Submission

9

In the event supplied materials are found unacceptable and not meeting the specification after its receipt, the same shall be replaced on free of cost basis, within the stipulated delivery period of contract.

Rejection & Replacement

10

The Defect Liability Period shall be 18 months from the date of receipt of alll items at site or 12 months from the date of acceptance of all items at site, whichever occurs first. Further details of this clause shall be as per Clause No. 6.4 of Purchasers General Conditions of Contract Gcc-Supply-1/R-4

Defect Liability Period

11

The contractor shall not subcontract any or all of the supply without written consent of the purchaser. The contractor shall solely be responsible to the Purchaser for all the supply including that of the sub-contractor, if allowed by the purchaser

Sub-Contract

12

Page 5 Of 11

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08/03/2019 DATE :

KKNPP/1&2/CMM/17124/PO:13067

As per clause no 14 of GCC/Supply-1/Rev-4 Arbitration / Settlement of Disputes

13

The Purchaser shall have Right to Recourse against the Contractor in accordance with provisions under Section 17(a) of Civil Liability for Nuclear Damage Act, 2010, with following limitations, as stipulated in Rule 24 of the Civil Liability for Nuclear Damage Rules, 2011

a) The Contractors liability shall be to the extent of the Operators liability under sub-section 6 of the Act or the value of the contract, whichever is less.

and

b) The duration of Contractors liability shall be limited to duration of initial license issued by AERB or the product liability period, whichever is longer

Right of Recourse Under Civil Liability for Nuclear Damage Act 2010 & Rule 2011

14

The items shall be properly packed to avoid any transit damages and delivered to Manager (Materials), NPCIL, Kudankulam Nuclear Power Project, Kudankulam PO, Radhapuram Taluk, Tirunelveli District - 627 106. : 04637 - 282186 / 282188.

Note: "The contractor shall ensure that the ordered items reaches our Plant Site for delivery before 1500 hrs. on any working day. In case of any delay beyond the stipulated time, vehicle will be detained at Main Gate of our Project and delivery will be taken only on the following working day . No detention charges or any other charges will be payable for the delay in delivery beyond the time limit which may please be noted"

Consignee / Place of Delivery

15

* Always quote our complete Purchase Order reference in any correspondence

* A copy of Challan / Invoice shall be forwarded to this office for records after complete supply is made against this order

* Test Certificates / Documents/Certificates etc., given in Annexure - B shall be submitted along with supply.

Note to Supplier

16

The courts within the local limits of place [ie., Tirunelveli] from which the Contract is awarded shall have exclusive jurisdiction to deal with and decide all disputes arising out of related Contract

Jurisdiction

17

All other terms & conditions of GCC/Supply-1/Rev-4 will be applicable to this contract Other Terms

18

(Sukhada R) MGR(CON)

For and on behalf of NPCIL

Page 6 Of 11

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