Tender Call Notice

ODISHA RENEWABLE ENERGY DEVELOPMENT AGENCY Under the Department of Science & Technology Government of Odisha ( ISO 9001:2008 / ISO 14001:2004 ) S/59,MANCHESWAR INDUSTRIAL ESTATE BHUBANESWAR-751010, ODISHA Website : www.oredaorissa.com E-mail : [email protected] L.No 2836 /OREDA Dated.30.11.15

TENDER CALL NOTICE Sealed tenders are invited from reputed manufacturers/ authorized dealers for supply, installation, commissioning and maintenance of “5D Hydraulic 6DOF Theater 8 seats installed in Biju Patnaik Energy Park, Kolathia, Bhubaneswar”. Tenders will be received up to 3 PM of 31-12-2015 and the technical bids will be opened on the same day at 4 PM . Bid document for the above work can be had from OREDA, S-3-59, Mancheswar Industrial Estate, Bhubaneswar-10 on all working days in between 11.00 A.M. to 4.00 P.M. till 30-12-2015 A.N on payment of Rs. 10,500/- (Ten Thousand Five hundred) only which includes VAT @ 5%. Payment can be made in cash at OREDA cash counter or through Account payee Demand Draft in favour of Chief Executive, OREDA Payable at Bhubaneswar. Bid documents can also be downloaded from OREDA Website. In case of downloaded documents the cost of bid document may be paid in shape of Demand Draft drawn on any Nationalized bank in favour of Chief Executive, OREDA payable at Bhubaneswar. The cost of the bid document in shape of Demand draft has to be submitted along with the technical bid only. Chief Executive, OREDA reserves the right to accept / reject any or all the bids without assigning any reason thereof.

Enclose: As above. Chief Executive

Memo No._2837/OREDA Dated:30.11.15 Copy to Director (Admn), OREDA for information and necessary action.

Chief Executive

Memo No.2838/OREDA Dated:xx.xx.2015 Copy to all divisional heads of OREDA for information and wide circulation.

Chief Executive

Memo No.2839/OREDA Dated:30.11.15_ Copy to Notice Board / Web sites of OREDA and S&T Department, Govt. Of Orissa.

Chief Executive 2

TENDER DOCUMENT FOR

"Supply, installation and commissioning of 5D Hydraulic 6DOF Theater 8 seats in Biju Patnaik Energy Park, Kolathia, Bhubaneswar”

ISSUED BY

ODISHA RENEWABLE ENERGY DEVELOPMENT AGENCY

S-59, MIE, BHUBANESWAR-751010

Tel No. 0674-2580554, Fax- 0674 -2586368

Email- [email protected]

Website: www. oredaodissa.com

Background 3

The 5D Theatre brings together an immersive real life experience on-screen and sensational seat simulation coupled with special effects that are bound to enthral your visitors. Historically, 5D theatres have been thought of as a fringe benefit added to numerous other entertainment options in a mall or a theme park, but this idea is rapidly changing and making way for a truly world class movie experience. The technology that goes into the making of a 5D theatre is truly world class as it combines the best in the business of audio-visual equipment including extreme performance control systems and high- end simulation. The 5D theatre adds a layer of immersive fun for your visitors by treating them to experience the world of not only audio-visual but also sensory effects The 5D theatre typically is situated in a mall or a theme park in a fully enclosed location measuring at least 450 sq ft with minimum height of 12 ft (without beam). The site will house the auditorium, the control room and preshow waiting area for your visitors. The complete 5D theatre system consists of 1. Motion seats and SFX. 2. Projection or Video equipment. 3. Audio equipment. 4. Motion controllers and drivers.

CONTENTS Sl Items Page No. 1 Details of Notice Inviting Tender 3

2 Disclaimer 4

3 Important dates 5

4 Checklist of documents to be submitted along with the 6 technical bid 5 Forwarding Letter 7

6 Letter of Authorisation 8 7 Declaration 9

8 The Scope of Supply / installation 10

9 Eligibility Criteria 10-13

10 Instructions to Bidder 13-17

11 Commercial terms and conditions 18-23

12 Technical specification in annexure A 24 13 Price bid in annexure B 25

DETAILS OF TENDER CALL NOTICE NO - 2836 / OREDA Dated- ._30.11.15 4

Sealed tenders are invited from reputed manufacturers/ authorized dealers for supply, installation, commissioning and maintenance of “5D Hydraulic 6DOF Theater 8 seats installed in Biju Patnaik Energy Park, Kolathia, Bhubaneswar”. Tenders will be received up to 3 PM of 31-12-2015 and the technical bids will be opened on the same day at 4 PM . Bid document for the above work can be had from OREDA, S-3-59, Mancheswar Industrial Estate, Bhubaneswar-10 on all working days in between 11.00 A.M. to 4.00 P.M. till 30-12-2015 A.N on payment of Rs. 10,500/- (Ten Thousand Five hundred) only which includes VAT @ 5%. Payment can be made in cash at OREDA cash counter or through Account payee Demand Draft in favour of Chief Executive, OREDA Payable at Bhubaneswar. Bid documents can also be downloaded from OREDA Website. In case of downloaded documents the cost of bid document may be paid in shape of Demand Draft drawn on any Nationalized bank in favour of Chief Executive, OREDA payable at Bhubaneswar. The cost of the bid document in shape of Demand draft has to be submitted along with the technical bid only. Chief Executive, OREDA reserves the right to accept / reject any or all the bids without assigning any reason thereof.

Chief Executive Enclose: As above.

Disclaimer 5

Kindly Note: 1. This document is not transferable

2. Though adequate care has been taken for preparation of this document, the bidder shall satisfy himself that the document is complete in all respects. Intimation of any discrepancy shall be given to this office immediately. If no intimation is received from any bidder on the pre bid meeting or within ten days from the date of issue of the bid document, it shall be considered that bid document is complete in all respects and has been received by the bidder.

3. The Odisha Renewable Energy Development Agency (OREDA) reserves the right to modify, amend or supplement this bid document keeping in view the necessity in implementation of the scheme.

4. While the bid has been prepared in good faith, neither OREDA nor their employees or advisors make any representation, warranty, express or implied or accept any responsibility or liability, whatsoever, in respect of any statements or omissions herein, or the accuracy, completeness or reliability of information, and shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability and completeness of this bid document, even if any loss or damage is caused by any act or omission on their part. 6

Important Dates

1 Uploading of bid documents on web site 02.12.15

2 Bid documents for download / sale 03.12.15

3 Last date of receipt of bids in hard bound copy 31.12.15 at 3.00 PM

3 Date of opening of technical bids 31.12.15 at 4.00 PM

Date of opening of price bid of tech-commercial 4 To be intimated qualified bidders 7

Check list of documents to be submitted along with the bid

Sl. Particulars Complied Page no. 1 Bank draft for Rs. 10500/- or original money receipt Bank Envelope issued by OREDA as proof of purchase of tender No paper or exempt as admissible with proof Dt 2 Bank draft for Rs.40000/- towards Earnest Money Bank Envelope deposit or exempt as admissible with proof. No Dt 3 Forwarding letter duly signed and stamped by the bidder 4 Undertaking duly signed and stamped by the bidder. 5 Copy of the PAN card of the bidder’s firm 6 Copy of the TIN card of the bidder’s firm 7 Copies of Tax returns, VAT/ e-filling 8 Document stating annual turnover in duly signed and stamped by a registered chartered accountant on the letter head of the chartered accountant 9 Power of attorney to sign the agreement on behalf of bidders & partnership deed articles, if any. 10 Filled in bid document duly signed and stamped at the bottom of each page except the price bid format. 11 Organizational profile containing the original documents defining the constitution or legal status, place of registration. 12 Signed Technical bid in sealed envelope 13 Price bid in separate single sealed envelope and no other content 8

Forwarding Letter (to be submitted in the letter head of the bidder) To,

The Chief Executive Odisha Renewable Energy Development Agency (OREDA) S.59. MIE, Bhubaneswar -751010 Odisha

Subject: Submission of tender for supply, installation, commissioning and maintenance of “5D Hydraulic 6DOF Theater vide tender call Notice No. Sir, Having studied the Tender document carefully L/we, the undersigned, offer to submit our tender for the supply of supply, installation, commissioning and maintenance of “5D Hydraulic 6DOF Theater in conformity of the tender document. I/We have also read the various provisions of the Tender and confirm that the same are acceptable to us including the provision of CMC. We further declare that any additional conditions, variations, deviations, if any, found in our Tender offer shall not be given effect to. We further understand that any deficiency / illegibility in documents shall make our tender liable for rejection. I/we submit our tender understanding fully well that (a) The bid and other documents submitted along with the same will be subject to verification by appropriate authorities. (b) OREDA reserves the right to accept or reject any application or the bid process itself without assigning nay reasons thereof and shall not be held liable for any such action. c) Any genuine changes made by OREDA in the interest of the supply / installation with respect to the technical requirement during the course of project implementation will be acceptable. d) All acts, rules, regulations, norms and conditions of Govt of India and Govt of Odisha shall be applicable during the process of tender and during the period of execution of project including CMC period if any. We hereby declare that all the information and statements made in this proposal are complete, true and correct and also accept that any misinterpretation contained in it may lead to our disqualification. We hereby declare that our Tender is made in good faith and the information contained is true and correct to the best of our knowledge and belief. Yours faithfully, Signature of bidder 9

Letter of Authorization

(To be submitted in the letter head of the bidder)

To, Chief Executive Odisha Renewable Energy Development Agency S-59, MIE, Bhubaneswar-751010 Odisha

Sub: Submission of tender for supply, installation, commissioning and maintenance of “5D Hydraulic 6DOF Theater. Ref: Tender Call Notice No. / OREDA, dtd -

Sir, I/we hereby authorise Ms. /Mr. ______, Designation ...... of our company to sign all relevant documents on behalf of the company/firm in dealing with the above tender. She / He is also authorized to attend all meetings and submit technical and commercial information as may be required by OREDA in the course of processing of the tender.

We further authorise Ms. /Mr. ______designation...... of our company to make technical presentation on behalf of the company.

Signature of the authorise persons

1. ______

2......

Signature attested

Nme and designation of the attesting officer with stamp.

Yours faithfully

Head of the organization 10

DECLARATION

(to be submitted on the letter head of the company)

Chief Executive Odisha Renewable Energy Development Agency S-59, MIE, Bhubaneswar 751 010. Odisha

Sub: Submission of tender for supply, installation, commissioning and maintenance of “5D Hydraulic 6DOF Theater Ref: Tender Call - Notice No. OREDA, dtd -

Sir, I/we hereby declare the following in the context of the aforementioned tender that: a) The entire tender document has been discussed in the Board meeting and a resolution has been concurred for participation in the tender (copy enclosed) b) We are not involved in any litigation that may have an impact of affecting or compromising the delivery of services as required under this tender c) We are not blacklisted / defaulted in any manner by any Central / State Government / Public Sector Undertaking in India. d) In case any false documents submitted and found any time in future the firms shall be liable to be proceeded against as per prevailing laws.

Yours faithfully,

Authorised signatory

(Stamp)

1. Eligibility Criteria 11

The firm should have  Past experience in the domain of installation and commissioning of scientific Instruments related to Entertainment.  Sufficient qualified professionals with necessary expertise to take up the project.  Well-developed infrastructure facility.  Preferably established in Orissa  Minimum turnover of Rs.40 lakhs per annum. Supporting documents to fulfill the above eligibility criteria should accompany the application form. A list of professionals with qualification and experience should be given along with the Application form. Application form without any of the above supporting will be liable to be rejected.

2. Scope Of Work  Supply, installation, commissioning and maintenance of “5D Hydraulic 6DOF Theater 8 seats installed in Biju Patnaik Energy Park, Kolathia, Bhubaneswar.  Training to OREDA personal on detail operation and maintenance.

3. Functional Requirement  The motion seat forms the core of the 5D experience wherein the guest moves in 6 DOF (Degrees of Freedom) in space in a manner that is synchronized with the events on-screen. These motion seats are specially developed  in order to simulate real life sequences that appear on-screen and are powered by world-class hydraulic actuators that make up the motion base.  Each of these electric motion bases can host either 2 or 4 seats and houses 3 electric actuators and a specialized control box. These motion bases can move in 3 different axes which are roll, pitch and heave, in layman terms, the seats move up/down, tilt forward/backward and tilt sideways  The seats also come with several special effects that form an integral part in creating an immersive experience. i. Leg tickler ii. Neck Blast iii. Air jet iv. Bottom Poker  The auditorium houses some of the special effects. i. Rain effect - water sprinklers from the roof 12

ii. Wind effect - powerful blowers on either side iii. Lightning effect - powerful strobe lights near the screen iv. Snow effect - snow machines on either side v. Bubble effect - bubble machines beneath the screen vi. Smoke effect - smoke machines on either side  Motion Control: Industrial grade electric actuators control the seat motion. The motion control computer acts as an interface between the actuator and the seats by synchronizing the movements based on the sequences in the movie.  Projection System: The overall quality of a 5D theatre system depends heavily on its projection equipment. Rapid advances in the field of visual technology have greatly increased the need for high quality movies. The projection system in a typical 5D Theatre consists of the following entities.  Projection System: The overall quality of a 5D theatre system depends heavily on its projection equipment. Rapid advances in the field of visual technology have greatly increased the need for high quality movies. The projection system in a typical 5D Theatre consists of the following entities.  Projectors: Two high quality projectors for left and right eye combination of the associate movie content are provided as a standard package. These projectors typically work in the brightness range is 4000 ANSI Lumens.  Polarization Filters: Polarized filters are added to the projectors so that the right eye may see only the image of the right eye projector and vice versa. This is required in order to produce top class 3D effect.  View Glasses: These special purpose polarized view spectacles made out of high quality plastic are provided to experience real 5D effect.  Projection Screen: The screen is made up of a soft material coated with silver that helps the image bounce off its surface to create an immersive depth to the viewers. The screen size typically depends on the throw distance between the projector and screen as this is done to maintain the aspect ratio of the image on-screen.  Projection Control: Industrial grade computer with extreme graphics support is used to simultaneously mix and stream the movie to the projector. This computer includes special purpose software customized to create different show sequences in the theatre 13

 Audio System: The audio system in a 5D theatre forms another integral part of creating a world-class immersive experience for the viewers. It is imperative that the theatre support 5.1 channel THX certified audio equipment for the best sound output. The standard audio equipment consists of the following.  Speakers and Subwoofer: 5 channel speakers including 2 nos. front (L/R) speakers, 2 nos. surround speakers, 1 nos. center speaker and powerful subwoofer are provided in the standard package  Processor and Amplifier: The system also includes a high quality processor and power amplifier for each speaker so that the final sound output is crystal clear.  5D Movie Library: The success behind any 5D Theatre lies in the fact that visitors will come back to watch again. To sustain the interest in the theatre, movies need to be frequently changed, as is the case with any conventional movie theatres.  The project work will under the supervision and control of OREDA.  The firm shall conduct technical training on the functionally of the product to OREDA and users.  The firm shall be responsible for any modification and the related costs if the output product does not (a) comply with the specification as per its proposal or (b) rejected by OREDA .such modification work shall not exceed three weeks from the date of notification and shall adhere to the time schedule specified in the award or as may be mutually agreed upon.  The firm shall not give or sale the output /project information to any of the party other than OREDA.  The firm shall make avail softcopies of all output /data base and source codes of Application softwares to OREDA.  The firm shall /may be required to do all such things as shall be necessary to supply all the technical data and information and technical assistance in respect of the project before its implementation at the request of OREDA. 4. GUARANTEE/WARRANTY AND LIABILITY : The firm /firms shall use its best efforts to achieve the best result possible by making use of the latest state of science and technology and of its information and to the extent necessary using information provided by OREDA . The firm shall be liable to OREDA only in the event of willfull negligence. 14

 The firm shall warrant that no third party raised any claims whatever nature against OREDA with regard to its information on the date of effectiveness of the agreement.  The firm use its best effort to ensure that rights of third parties will not be infringed by OREDA ‘s use of output and / or information of service/ product  OREDA will inform the firm immediately as soon as it becomes aware that rights of the third parties have been informed or that third parties do infringed upon OREDA’S rights in any way with regard to information of the firm and / or Development Results and / or Service / Product.  The sole obligation of the firm / firms with respect to its information shall be forwarded to OREDA and provided in the Agreements and to correct errors that might have occurred in this information without undue delay after such errors were made known to the firm . No others obligation or warranty or Service/Product of whatever kind and nature shall exist.

5. INSTRUCTIONS TO BIDDERS

Intending bidders are requested to carefully study the instructions contained hereunder before preparing their bid documents for submission.

 A Bidder shall submit a single offer-bid only.

 Bidders must submit their bids for all items as stated in this bid document above in a single hard bound book form properly page numbered and Indexed.

 Demand Drafts towards cost of document and EMD should be submitted in a separate envelop placed inside the envelope containing the technical bid.

 Bids must be submitted in English language only.

 Incomplete, telegraphic or conditional bids shall not be accepted.

 Prices quoted must be firm and fixed. No price variation / escalation shall be allowed during process of completion of the project or for a period of one financial year whichever is earlier. 15

 The bidders must sign at the bottom of each page of the bid documents at the time of submission in token of unconditional acceptance of the departmental terms and conditions, technical specifications etc.

 Valid TIN / VAT / CST / e-filling submission document duly attested must be submitted along with the bid. All rules and circulars of Finance Department, Govt of Odisha issued from time to time will be applicable during project period from issue of tender to the completion of 5 years CMC period.  All supply / installation orders shall be placed with the state local registered office of the qualified empanelled bidders having valid Odisha TIN/ OVAT as per the FD circular no 5439 dtd 25.2.14.  Deviations in terms and conditions, Specification of material, Inspection clause etc. will not be accepted under any condition.

 The bidders should furnish the information on all past supplies and satisfactory performance.

 The bidder shall submit copies of documents defining the constitution or legal status, place of registration and principle place of business of company or firm or partnership.

 The bidder shall furnish a brief write up backed with adequate data, explaining capacity and experience (both technical and commercial) for the manufacture and supply of the required systems, equipments within the specified time of completion after meeting all their commitments.

 The bidders shall submit reports on the financial standing of its company/firm such as audited profit and loss statements, balance sheets and auditor’s reports, bankers’ certificates etc. All accounting statements submitted should be duly audited and with proper auditor’s note on accounts and accounting standards.  Earnest money as specified in bid may be deposited in cash at OREDA cash counter or in shape of Demand Draft drawn in favour of Chief Executive, OREDA payable at Bhubaneswar from any nationalized bank. Bids without E.M.D will not be accepted unless exempt.  Bids received late due to postal delay or otherwise will not be considered.  The bidders are required to furnish their offers in the price bid both in words & figures neatly computer typed. Any correction shall liable the document to be rejected. In case of any conflict between figures and words, the latter shall prevail. 16

 Since timely execution of supply / installations is of paramount importance, requests for extension of time shall not be ordinarily entertained.  Canvassing in any manner shall not be entertained and will be viewed seriously leading to rejection of the bid.  Certificate to the effect that the systems to be supplied are indigenous & not fully imported must be furnished.  Power of attorney to sign the agreement on behalf of bidders & partnership deed articles, if any, should be enclosed along with original bid documents.  Notice inviting Tender, bid documents, prescribed Technical bid, price bid, terms & conditions will form the part of the tender.  All pages of the bid documents must be signed & sealed by the authorized person on behalf of the bidders.

 Bids will be accepted & will be opened as per information mentioned in the notice-inviting tender. No receipt against submission of bid shall be issued by OREDA.

 The last date of receipt of the bid is 31.12.2015 at 3.00 PM. Sealed tenders shall only be dropped in the specified tender box kept in the Support Service Division, OREDA during office hours on working days. Bids received after due date & time will not be considered. The bids of such firms shall only be considered who have purchased the bid documents from the Agency by depositing the prescribed fee of the bid document (Non refundable) / downloaded from the website and submitted along with cost of the tender paper in shape of cash / DD drawn in favour of Chief Executive OREDA from any nationalised bank. If due to any reason the due date is declared as a holiday the bid will be opened on next working day at the same time.

 The technical bid shall be opened on 31.12.2015 at 4.00 PM in the OREDA office, Bhubaneswar in presence of such bidders or their authorized representatives, who may like to be present at the time of opening.

 In case of supply of any defective material or substandard material, the materials will be rejected & it will be the responsibility of the supplier for taking back & replacing the rejected materials at their own cost. In case 17

of non-lifting of such rejected materials within a reasonable time offered by the office it will have the right to suitably dispose of the same and forfeit the amount.

 The supplied material should strictly comply with the specifications as mentioned in bid; otherwise the material will be liable for rejection.

 Any clarification on the technical specification and commercial terms and conditions may be clarified in writing from OREDA.

 Deviation of any commercial terms and condition and technical specification shall not be entertained under any circumstances

 Bidders may in their own interest visit the sites in order to develop a clear understanding of the logistics and other features of the sites before submitting bids and under taking may be attached in the tender document. OREDA will not be responsible for any incidental or consequential losses of the firms while execution and till expiry of the period of maintenance.  All the bidders shall essentially indicate the break-up of prices as shown in Price bid.  The Chief Executive, OREDA shall award the contract to the successful bidders whose bids shall be qualified after evaluation in terms of the responsiveness and lowest standardised rate determined on the basis price bids  On award of contract the qualified bidder shall be termed as executing agency. 6. Submission of Bids 6.1 The first envelop should be superscribed as “Technical Bid” at the top the envelop and name and address of the bidder should be given at the left hand side bottom of the envelope. The first envelop should be addressed to CE, OREDA shall contain the following: (a) DD of Rs. 10,500 /-forwarding cost of the tender if the document is downloaded. (b) Copy of the money receipt issued by OREDA in case of the document is purchased directly from OREDA. (c) All documents in support of company registration, IT returns, Tax clearance (d) All other documents excepting the Price Bid 6.2 The second envelop should be superscribed as “Price Bid” at the top the envelop and name and address of the bidder should be given at the left hand side bottom of the envelope. The second envelop should be 18

addressed to CE, OREDA shall contain the Price Bid only in the prescribed format. 6.3 The third Envelop should be superscribed as “supply, installation, commissioning and maintenance of “5D Hydraulic 6DOF Theater 8 seats installed in Biju Patnaik Energy Park, Kolathia, Bhubaneswar” The third envelop should be addressed to CE, OREDA shall contain the First and second envelops only. 7. Opening of the bids:

The procedure of opening of the bid shall be as under i) First envelope "PART-1 Technical Bid” shall be opened at the time & date mentioned in the bid notice by OREDA representative in the presence of bidders, who choose to be present. ii) Second envelope (part-II) containing Price bid shall be opened after evaluation of technical-commercial suitability of the offer by assessing responsiveness in line with the requirements mentioned in the bid document. The date for opening of second envelope (Price bid) shall be communicated subsequently. Second envelope of price bid of only those bidders shall be opened who qualify in the technical bid. If necessary, the firms may be called for Technical Presentation of their product as per the time intimated by OREDA. 8. Acceptance/Rejection of the bid Chief Executive, OREDA reserves the right to i) reject or accept any or all bids without assigning any reason thereof. ii) to split the quantities against the bid on more than one firm for the same items/ work. No reason will be assigned by OREDA for this and the same will be binding on the bidders. Chief Executive I/we have carefully read & understood the above terms & conditions of the bid & agree to abide by them. Signature of Bidder with Seal 9. COMMERCIAL TERMS & CONDITIONS 9.1 Rate: The offer should indicate the unit cost of the system, Installation & Commissioning charges, CMC Charges and taxes & duties separately. The unit cost must be inclusive of packing, forwarding, loading & unloading charges, cost of insurance and transportation FOR destination in the entire state where the system will be installed as per the supply / installation order. 9.2 Tax & Duties etc.: 19

i) As works contract, the contractor will submit the execution certificate under clause a) of sub-section (5) of section 54 of Odisha Value Added Tax Act-2004 from the competent authority before payment before prepare the bill otherwise 4% towards WCT / OVAT (TDS) will be deducted from each bill and certificate for such deduction will be issued if applicable. ii) TDS under Income Tax Act will be deducted as per prevailing rate from each bill and certificate for the same bill will be issued by OREDA if applicable. 9.3. Earnest Money Deposit: 9.3.1 Earnest money deposit Rs.40000/- is required to be deposited along with the bid without which the bid will not be accepted. No interest will be payable for the EMD amount under any circumstances. 9.3.2 Earnest money shall be submitted in shape of a Demand Draft in favour of Chief Executive, OREDA from any Nationalised Bank Payable at Bhubaneswar and the proof of deposits should be attached to the bid. E.M.D would be refunded to the unsuccessful Bidders after finalization of the bid without any interest. 9.3.3 E. M. D would be forfeited in case of non- compliance of the purchase order by the successful bidders. EMD submitted shall be returned to successful bidders only after Security cum Performance Bank Guarantee is deposited. 9.3.4 In case of claim for exemption from deposit of Earnest money sufficient proof in support of claim for exemption of EMD as prescribed in Govt. of India Notification is to be attached with the bid. 9.4 Security Deposit/ Performance Guarantee Fees: The successful bidders must deposit bank guarantees amounting to10 % of the system cost value in shape of irrevocable Bank Guarantees with 2 years validity from the date of supply, installation and commissioning till the completion of respective warranty and CMC period of the composite system towards Security cum Performance Guarantee fees with the Chief Executive, OREDA, Bhubaneswar along with bills, challans and all other documents as per payment clause before processing of payment. The said deposit would be forfeited, if the supplies are not made and performances are not as per the Terms & Conditions of the purchase order. The security deposit amount will be refunded after the expiry of the Warranty period. 9.5 Validity of offer: The price bid offer must be kept valid for a period of two months from the date of opening of the technical bid. No escalation clause except the 20

admissible tax component under the period of consideration would be accepted. 9.6 Tax return: The bidders must submit attested copy of valid up to date CST / VAT clearance / e-filling submission certificate along with the bid. The bid would not be considered without this document. The original certificate would be produced at the time of opening of the bid, or, before issue of purchase order, if required. 9.7 Warranty: The Supplier warrants that the Goods supplied under this 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 Supplier further warrants that the Goods supplied under this Contract shall have no defect arising from design, materials or workmanship (except when the design and/or is required by the Purchaser's Specifications) or from any act or omission of the Supplier, that may develop under normal use of the supplied Goods in conditions prevailing in the country of final destination. This warranty shall remain valid for 24(Twentyfour) months after the Goods or any portion thereof as the case may be, have been delivered to and commissioned and accepted at the final destination indicated in the Contract. The Purchaser shall promptly notify the Supplier in writing of any claims arising under this warranty. Upon receipt of such notice, the Supplier shall repair or replace the defective Goods or parts thereof, without cost to the Purchaser other than, where applicable, the cost of inland delivery of the repaired or replaced Goods or parts from the port of entry to the final destination. If the Supplier, having been notified, fails to remedy the defect(s), the Purchaser may proceed to take such remedial action as may be necessary, at the Supplier's risk and expense and without prejudice to any other rights which the Purchaser may have against the Supplier under the Contract. 9.8 Penalty and termination of contract: The systems shall be supplied, installed and commissioned within the scheduled time as mentioned in the supply / installation order. If the supplier fails to adhere to the schedule, OREDA shall without prejudice to its other remedies under the contract deduct from the contract price as liquidated damages a sum equivalent to 1% of the delivery price of the delayed goods or unperformed services for each week of delay until actual delivery or installation/commissioning up to a maximum deduction 21

of 5% of the contract price for delayed goods or installation and commissioning. Once the maximum is reached (i.e 5 weeks of delay) OREDA may consider termination of the contract and forfeit the security deposit without prejudice to the other remedies of the contract. If at any time during the performance of the Contract, the Supplier or its subtle executants(s) should encounter conditions impeding timely delivery of the Goods and performance of the Services, the Supplier shall promptly notify the Purchaser in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the Supplier's notice, the Purchaser shall evaluate the situation and may at its discretion extend the Supplier's time for performance, with or without liquidated damages, in which case the extension shall be ratified by the parties by amendment of the Contract. A delay by the supplier in the performance of its delivery obligations shall render the supplier liable to the imposition of liquidated damages pursuant, unless an extension of time is agreed upon without the application of liquidated damages. 9.9 Termination for Default The Purchaser may, without prejudice to any other remedy for breach of contract, by written notice of default sent to the Supplier, terminate the Contract in whole or in part: 9.9.1 if the Supplier fails to deliver any or all of the Goods within the period(s) specified in the Contract, or within any extension thereof granted by the Purchaser; or 9.9.2 if the Supplier fails to perform any other obligation(s) under the Contract. 9.9.3 If the supplier, in the judgment of the purchaser, has engaged in corrupt or fraudulent practices in competing for or in executing the contract. For the purpose of this clause: “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution. “fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution or a contract to the detriment of the borrower, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the borrower of the benefits of free and open competition. 22

In the event the Purchaser terminates the Contract in whole or in part, the Purchaser may procure, upon such terms and in such manner as it deems appropriate, Goods or services similar to those undelivered, and the Supplier shall be liable to the Purchaser for any excess costs for such similar Goods or services. However, the Supplier shall continue the performance of the Contract to the extent not terminated. 9.10 Inspection: Pre delivery inspection of major components may be carried out by a team of designated officials of OREDA, any other department as may be considered appropriate at the factory site of the vendor / manufacturer. Before despatch of consignment intimation shall be given sufficiently ahead so that no delay occurs for deputing officials and inspection at the premises / test site.

10.10.1 The rest of the tests and inspections shall be made at the place of delivery. Officers authorized by OREDA shall be entitled at all reasonable time to inspect and supervise and test during erection and commissioning. Such inspection will not relieve the executing firm of their obligation in the contract.

10.10.2 OREDA shall have the right to have the tests carried out at its own cost by an independent agency at any point of time.

10.Payment: Payment will be made in in the following manner

i) 90% of the total value of systems with full taxes / duties (excluding CMC charges) will be made after commissioning of the project. The check list of documents to be submitted along with the bills raised with local TIN and Security cum Performance Bank Guarantee for release will be as per the purchase order issued. For processing of the payment the supporting documents are to be submitted including bills.

ii) Balance 10% of the systems and other order value will be released after successful functioning of the system within one month after measurement of all performance parameters iii) Full payment as admissible will be considered in case of compliances of the above requirements. 11.Limitation of Liability: OREDA, will, in no case be responsible for any accident fatal or non- fatal, caused to any worker or outsider in course of transport or execution of supply / installation. All safety measures as per prevailing norms 23

should be adopted. All the expenditure including treatment or compensation will be entirely borne by the Executants. The Executants shall also be responsible for any claims of the workers including PF, Gratuity, ESI & other legal obligations. The executants shall take all steps towards the security compliances.

12.Force Majeure:

In no event shall either Party have any liability for failure to comply with this Agreement, if such failure results directly from the occurrence of any contingency beyond the reasonable control of the Party, including, without limitation, strike or other labor disturbance, riot, major power failure, war, natural calamities including but not limited to floods, earthquakes, fire, volcanic eruptions, epidemics, National Emergency, interference by any government or governmental agency, embargo, seizure, or enactment or abolition of any law, statute, ordinance, rule, or regulation (each a " Force Majeure Event"). In the event that either Party is unable to perform any of its obligations under this Agreement because of a Force Majeure Event, the Party who has been so affected shall as soon as may be, after coming to know of the Force Majeure Event, inform the other Party and shall take reasonable steps to resume performance as soon as may be after the cessation of the Force Majeure Event. If the period of nonperformance due to a Force Majeure Event exceeds thirty (30) days, the Party whose ability to perform has been so affected may, by giving written notice, terminate this Agreement.

13.Dispute: For adjudication of any dispute between OREDA and the bidders arising in this case, reference can be made to any Law courts under the jurisdiction of Odisha High court only. The Chief Executive, OREDA reserves the right to accept or reject any or all bids without assigning any reason thereof. Chief Executive I/We have carefully read and understood the above terms and conditions of the bid and agree to abide by them. Signature of the bidder with Seal

ANNEXURE-A TECHNO COMMERCIAL BID 1. Name of the Organization : : 24

: 2. Type of Organization : a) Proprietorship b) Partnership c) Public Ltd d) Others 3. Date of Establishment : 4. Address of corporate Office :

5. Address of Registered Office : : : 6. Telephone No : 7. Fax No : 8. Email Address : 9. Web Site : 10. Name of the contact Person :

11. Designation of the contact person:

12. Telephone No of Contact person:

13. Mobile No of contact person :

14. Email Address of contact person :

15. Quality certificate (ISO/GMP etc) :

16. Work Experience (attach Copy) :

ANNEXURE-B FINANCIAL BID Sl No Description of Item Quantity Rate Tax Total Amount 25

Place- Signature of Authorized officer

Date- Seal