Keltron Equipment Complex, Karakulam, Thiruvananthapuram, Kerala - 695 564

KERALA STATE ELECTRONICS DEVELOPMNT CORPORATION LIMITED (KELTRON) KELTRON EQUIPMENT COMPLEX, KARAKULAM, THIRUVANANTHAPURAM, KERALA - 695 564

DESIGN, MANUFACTURE, SHOP TESTING, DELIVERY OF BATTERY AS PER BOQ ATTACHED

KELTRON Equipment Complex, Karakulam, Thiruvananthapuram 695564

e-mail: [email protected], [email protected] ,

Tel: 0472-2888999,2888999 Ext 109

Fax: 0472-2888736

KERALA STATE ELECTRONICS DEVELOPMNT CORPORATION LIMITED (KELTRON) KELTRON EQUIPMENT COMPLEX, KARAKULAM, THIRUVANANTHAPURAM, KERALA - 695 564

NOTICE INVITING TENDER e-tenders are invited from eligible Contractors / Suppliers for the items as detailed below:

Tender Number KSEDC/KEC/PUR/PEG/2049/2019-20 DESIGN, MANUFACTURE, SHOP TESTING, Details of work DELIVERY OF BATTERY AS PER BOQ ATTACHED Delivery of items at At site as per BOQ kochi Date &Time of publishing bid documents 21.03.2020 18:00 Hrs Date and Time of Pre-bid meeting No pre-bid meeting Last Date & Time of online Submission of 30.03.2020 18:00 Hrs Bid document Deadline for submission of Hardcopies of Two part Tender comprising Technical Bid and Attachments to the Office of the tendering Price Bid through e-tender portal. No hard copies authority accepted Number of cover(s) Two Date & Time of Opening of Technical Bids 02.04. 2020 (cover 1) Date & Time of Opening of Financial Bids (cover Will be published after Technical evaluation 2) Tender Document fee INR 4100.00 INR 23000.00 EMD exemption only for those who EMD have BOTH NSIC & UAN. Time allowed for the completion of work April 2020 12 months from the date of commissioning & Defect liability period acceptance/18 Months from dispatch which ever is earlier 12 months from the date of commissioning & Warranty for the items supplied acceptance/18 Months from dispatch which ever is earlier Security deposit/Performance Guarantee 10 % of contract amount Anoop : 0472 288282 (Technical) 04722888999 Ext If there is any clarification Please contact :607/608/609 Purchase : 04722888143/7356751851 All bidders participating in the Bid should have a valid Digital Signature certificate availed from an approved certifying authority. For more details about e-Tendering, please contact Kerala State IT Mission, e- Government Procurement PMU & Help Desk, Basement Floor of Pension Treasury Building, Uppalam Road, Statue, Trivandrum/(or)Kerala State IT Mission, e-Government Procurement Support Center, Infopark Technology Center, 18C, Sector-E, JNI Stadium, Kaloor, Ernakulam on all working days from 10am to 5pm (Ph:- 0471-2577088,2577188,2577388 or 0484-2336006 else Email- [email protected] tender document can be downloaded from the

2 website www.etenders.kerala.gov.in .Earnest Money Deposit (EMD) and a non-refundable bidprocessing fee shall be remitted tothe account number given in the remittance form provided by the e-Procurement system for this particular tender. Only NEFT/RTGS remittance is allowed. No othermode of payment is allowed. (Bidder should ensure that bid processing fees plus GST and EMD are remitted as one single transaction and not separate. Separate or split remittance will be treated as invalid transactions).

Bidders are advised to visit the “Downloads” section of the website www.etendekerala.gov.in also. The NEFT facility for online payment may be exercised at least 48 hours before the closing date of the bid to ensure that payment towards tender document fee and EMD are credited and a confirmation is reflected in the e-procurement system.

All the Tender documents are to be submitted online only and in the designated covers on the above website and no manual submission will be entertained. The pre-qualification/technical bid shall be opened online at the office of the Head (Purchase), KELTRON Equipment Complex, Karakulam, Thiruvananthapuram – 695 564 on the date and time mentioned above. The tendering authority reserves the right to cancel any or all bids without assigning any reasons. KELTRON will not be responsible for any errors likemissing of schedule data while downloading by the bidder/ non-receipt of document/delay if any.Further details can be had from the office of the undersigned.

All bidders participating shall verify on the e-tender portal for any addendums, corrigendum’s before submitting the final bid document. The bid document uploaded should be after considering all addendums, corrigendum’s. Bids without considering the addendums, corrigendum’s will be considered as invalid.

Sd/- Head (Purchase) KELTRON Equipment Complex,Karakulam, Thiruvananthapuram 695564 e-mail: [email protected] , [email protected] , Tel: 0472-2888999, 2888062, Fax: 0472-2888736

TABLE OF CONTENTS

Sl. No CHAPTER

1 DEFINITIONS AND ABBREVIATIONS 2 GENERAL INSTRUCTIONS OF THE TENDER

3 TECHNICAL SPECIFICATION

4 GENERAL CONDITIONS OF CONTRACT

5 SPECIAL CONDITIONS OF CONTRACT

6 APPENDIX 1- TENDER INDEX 7 APPENDIX 2- POWER OF ATTORNY

8 APPENDIX 3- SCHEDULE OF COMPLIANCE

9 APPENDIX 4- SCHEDULE OF DEVIATION

10 APPENDIX 5- LETTER OF PROPOSAL SUBMISSION 11 APPENDIX 6- PERFORMANCE SECURITY

12 APPENDIX 7- COMPANY PROFILE

13 APPENDIX 8- FORMAT OF UNDERTAKING

CHAPTER 1

DEFINITIONS AND ABBREVIATIONS

In this tender document and associated documentation, the following terms shall be interpreted as indicated below:

1. "Services" means services to be provided as per the requirement mentioned in the scope of work 2. KSEDC means Kerala State Electronics Development Corporation 3. “Noncompliance” means failure/refusal to comply the terms and Conditions of the tender; 4. “Non responsive” means failure to furnish complete information in a given format and manner required as per the tender documents or non-submission of tender offer in given Forms / Pro forma or not following procedure mentioned in this tender or any of required details or documents is missing or not clear or not submitted in the prescribed format or non-submission of tender fee or EMD. 5. Bid means the proposal submitted by the Bidder(s) in response to this Tender in accordance with the provisions hereof. Wherever “Tender” word is used, it shall mean the same as “Bid”. 6. Bidder means an applicant who has submitted the Bid as per notice inviting tender of this Tender document. 7. Bid Security or “Earnest Money Deposit” or “EMD” shall have the meaning ascribed to it in hereof. 8. Bid Process means the process of selection of the Service Provider through competitive bidding and includes release of this Tender document, submission of Bids, scrutiny and evaluation of such Bids as set forth in the Tender. 9. Effective Date shall mean the date on which the P.O is issued by KSEDC 10. Letter of Award or “LOA” means the letter or memorandum communicating to the Successful Bidder the acceptance of its Bid. 11. Tender Document or “Tender” shall mean this document and shall include any addendum(s) issued thereto. 12. Successful Bidder shall mean the Bidder, whose Bid is evaluated as the most competitive following the bid evaluation process as set forth in this Tender Document and to whom P.O is issued subsequently.

CHAPTER 2

GENERAL INSTRUCTIONS OF THE TENDER

SECTION 1-PREBID

1. The Tender and any order resulting from this Tender shall be governed by our conditions of contract and the vendor quoting against this Tender shall be deemed to have read and understood the same.

2. Where Counter Terms and Conditions of business have been offered by the tenderer, we shall not be deemed to be governed by those unless our specific written acceptance thereof has been given. Counter Terms and Conditions may be mentioned along with format for deviations as per Appendix 4. Unless the counter terms/deviations are specified in the prescribed format it is deemed that all the terms and conditions including technical specifications are acceptable to the bidder and the offer has been submitted accordingly.

3. No Conditions and Terms, notice of which has not been given by the tenderer while submitting tenders, will be considered by us, if put forward in subsequent correspondence.

4. TENDER a) Bid and all other related documents are to be submitted in English. Supporting documents which is in other language should be translated in English and submitted while uploading in tender site. b) If the Tenderer is a firm or company, the tender documents to be submitted by the authorized signatory of the firm/company. c) The Bid shall be prepared and shall be signed in all pages by the Bidder or a person or persons duly authorized to bind the Bidder to the Contract. d) The intending Bidders must read the terms and conditions carefully and should only submit their Bid if they consider themselves eligible and they are in possession of all the documents required. e) Tender not submitted in the appropriate forms is likely to be rejected. f) On the due date of opening, the tender will be opened. g) Bidders black listed/ordered for blacklisting by Govt. of Kerala/India or KSEDC cannot be considered. h) KSEDC does not bind itself to accept the lowest tender or to assign any reason for non- acceptance of the same. i) Landed cost shall be considered for price comparison and order placement. 6

j) The manufacturer/ Authorized dealer/Supplier participating in the Tender hereafter will be called as “Applicants”. k) All costs for site visits, obtaining information/ data and preparation/ meetings, etc. in relation with Bid submission shall be borne by the applicants. l) KSEDC reserves the right to verify all the credentials and inspect their executed works etc. to satisfy themselves about their performance and capability to execute the work satisfactorily, if found any failure on submitted details, KSEDC holds the right to invoke performance security or Bid security wherever applicable m) KSEDC reserves the right to not to choose any applicant, relinquish the Bid process or reissue Bid with or without modification as it chooses. KSEDC is not bound to furnish any explanation as to its decision to any of the participants. n) Further, corrigendum/ addendum, if any, issued to the Tender /bid document, shall only be made available at http://etenders.kerala.gov.in . o) The Bid of all Bidders who have paid Bid security and tender processing fee (technical and financial) or submitted exemption certificate for the same only will be opened. If such nominated date for opening of Bid is subsequently declared as a Public Holiday by the Employer, the next official working day shall be deemed as the date of opening of Bid p) KSEDC have the right to amend the quantity according to the customer requirement and place the order for part/ful quantity.

5. LOCAL CONDITIONS

It will be imperative on each tenderer to fully acquaint himself of all the local conditions and factors, which would have any effect on the performance of the contract and cost towards the Supply/Work covered in this tender . The Purch aser shall not entertain any request for clarifications from the tenderer regarding such local conditions. No request for the change of price, or time schedule of delivery of items, shall be entertained after the Purchaser accepts the offer.

6. CLARIFICATIONS Please note that queries related to enquiry specifications, terms & conditions etc. should be submitted online only by logging in at http://etenders.kerala.gov.in before the clarification end date/time specified in the ‘Critical Dates’ view of “Work item Details”. M/s. (KSEDC), at its sole discretion, may not entertain the queries sent by post/fax/e-mail or through any other mode of communication. The KSEDC will post the reply to all such queries in “seek clarification” section of the portal 7

7. TENDER FEE AND EMD (EARNEST MONEY DEPOSIT) a) Bidders should remit Tender processing fees and EMD at the time of online bid Submission using the online payment options of e-procurement system provided in www.etenders.kerala.gov.in. EMD and Tender processing Fee is exempted for MSMEs, Organization with valid NSIC. The bidder should upload both NSIC & Udyog AAdhar to prove eligibility for exemption . b) Tenderers are required to remit EMD and Tender processing fees as mentioned in tender document. c) Bidders are advised to visit the “Bidders manual kit” section of e- procurement (www.etenders.kerala.gov.in) for detailed instructions on making online payment. Any existing amount available with KSEDC in any form will not be adjusted against the payments of this tender. d) Bidders, while participating in online tenders published in Government of Kerala’s e- Procurement website (www.etenders.kerala.gov.in ) should ensure the following: i. Payment only through the online facility in www.etenders.kerala.gov.in ii. Single transaction for remitting Tender document fee and EMD: Bidder should ensure that tender processing fees and EMD are remitted as one single transaction and not separated. Separate or split remittance for tender processing fee and EMD shall be treated as invalid transactions. iii. Bidder should ensure the correctness of details of inputs while remittance through Online. No additional information like bidder name, Company name etc. Should be entered in the account number column along with account number for NEFT remittance. While submitting tender, the bidder shall seek clarification from IT mission’s e- procurement for online payment of the tender fee/EMD. KSEDC shall under no circumstance be responsible for failed transactions on account of noncompliance of the above. iv. UTR number: Bidders should ensure that the remittance confirmation (UTR number) received after NEFT transfer should be update as it is, without any truncation or addition, in the e- Procurement system for tracking the payment. v. Tenders received without EMD and Tender Fees will not be considered. vi. Discharge of EMD to unsuccessful Bidder(s):-The Bid Security of unsuccessful Bidders will be discharged / returned after signing of the contract with the successful bidder or acceptance of the PO/LOA by the bidder/receipt of PBG from successful bidder.

vii. Discharge of EMD of Successful Bidder:- The Bid Security of the Successful Bidder(s) shall be discharged only after the successful bidder(s) furnishes the Performance Securities as required.

8. BID VALIDITY The bid shall be valid for a period of Minimum 180 days from the date of closing of the bid and to be extended as per the request from KSEDC or else EMD will be confiscated.

9. COMPLIANCE OF REQUIREMENTS a) The items offered should be in accordance with the stipulated description, and specifications in “CHAPTER 3-TECHNICAL SPECIFICATION/ANNEXURE 1” . Compliance with the specifications should be clearly indicated in Appendix 3. b) Whenever if the tenderer deviates from the provisions of a clause/sub- clause, they shall furnish detailed justification for the same in the Statement of Deviations in the format given in Appendix 4

10. POWER OF ATTORNEY Only authorized person shall sign the tender document on behalf of the tenderer. Proof of authorization in the form of Power of attorney (sample format in Appendix 2) /Board Resolution or any other form such as inclusion of the name in the license document or any other legal document shall be submitted by the tenderer.

11. TERMS OF PRICE a) The tenderers should quote their lowest possible price onsite basis b) Participants should quote the basic price(inclusive of door delivery, Transit insurance, freight charges, loading & unloading charges) and indicating separately GST applicable for each unit tendered along with the HSN/SAC code .If GST exemption is there, appropriate exemption notification document should be submitted. All taxes will be paid at actuals based on prevailing rates. c) In case any bidders make arithmetical errors or quote with a different percentage or omit to quote, the same will be corrected as per the percentage applicable against the quoted HSN/SAC in the financial bid. In case no HSN/SAC is provided the quoted rate shall be deemed as inclusive of applicable GST. If the total corrected value exceeds the total quoted value in the financial bid, then the base price will be adjusted so as to maintain the originally quoted amount inclusive of taxes. 9

d) The prices quoted should be firm and not subject to any variation, unless specified in the tender documents. Any deviation in this aspect may make the offer liable to be ignored. e) Contract price will be the total price quoted inclusive of all taxes and including GST. f) Any liability on account of wrong classification of goods or services for arriving at taxes will be on the bidder g) Tenderers shall be requested to accept correction of arithmetical errors. Failure to accept the correction shall result in the rejection of the Tender and forfeiture of bid security h) Tenderers should quote their prices in the BOQ only. i) GST shall be paid at actuals on submission of original tax invoice and availability of its credit to KSEDC.

j) No tax will be payable by KSEDC unless payment of same is specifically stipulated by the contractor in their bid and the same is legally leviable.

12. DOCUMENTS TO BE FURNISHED ALONG WITH TECHNICAL BID Product catalogue confirming to the specification of item quoted as per this tender document to be furnished along with the technical bid.

SECTION 2-BID EVALUATION 13. RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS Notwithstanding anything contained in the Tender Document, KSEDC reserves the right to accept or reject any Bid in its sole discretion or to reject all Bids and the bidding process without assigning any reason whatsoever at its sole discretion at any time before issuance of LOA without incurring any liability.

14. MINIMUM ELIGIBILITY CRITERIA The bidder/applicant should submit the following documents as a minimum eligibility criteria documents . The bids will not be considered for evaluation if any of the documents pertaining to minimum eligibility criteria are not submitted along with bid. The Bidder(s) should meet the following Eligibility Criteria to participate in the Tender and should submit documentary proof for fulfilling the Eligibility in the Technical Bid

a. Bidder should be a registered Company / Firm in India and No Consortium bid shall be eligible. b. The Bidder/OEM should have executed at least 1 work order order of SUPPLY OF BATTERY AS PER BOQ ATTACHED worth 18.5 LAKH /2 work order of 11.5 LAKH each/3 work order of 9.2 LAKH each to Public Sector Undertaking/Government/Banks /private directly during any one of the last three financial years. To prove their technical capability firms need to enclose the copies of past projects / executed purchase orders of similar technical specifications. c. The average turnover for the last three financial years should be above the bid amount. d. In order to assess the financial solvency of a firm we may seek a report from the bankers of the technically evaluated lowest quoting firm in order to assess if the firm is financially capable of executing the purchase order/work successfully. e. Bidders who meet the criteria given above are subject to be disqualified, if they have made untrue or false representation in the forms, statements and attachments submitted in proof of the qualification requirements or have a record of poor performance, not properly completing the contract, inordinate delays in completion or financial failure, etc. f. If before/after the placement of the Purchase Order it is found/noticed that the supplier has been black-listed/debarred by any firm then such supplier will be dropped from the tendering process as technically not suitable to quote or order will be cancelled. Thus, black-listed/debarred firms are requested not to participate in the tendering process. 11

g. Bids containing products from black-listed companies are not eligible to participate in the tendering process. h. The bidder should have prior experience of arranging inspection and acceptance of the items by the end customers. Important Note:

Bidders should ensure that they have submitted all the required proof documents as specified in the Tender document without fail. Bids received without supporting documents to prove their Eligibility are liable for rejection.GST registration is mandatory.

Cover-1 Cover-1 (Technical Bid) ; Technical proposal shall contain the scanned copies of the following documents which every bidder has to upload. The failure in submitting the Technical documents leads rejection at secondary stage and not considered for financial bid opening at any cost.

i. Appendix 1 ii. Company profile as per Appendix7 iii. Bid Form in the Format listed as Appendix-9 iv. Power of attorney Appendix 2 v. Format of undertaking as per annexure-8 vi. Letter of proposal submission as per appendix 5 vii. Schedule of compliance with technical specification of items as per appendix 3 viii. Schedule of deviations from tender terms and conditions as per appendix 4 ix. Audited balance sheet of the firm 2016-2017, 2017-2018, 2018-2019 x. Duly signed tender document including addendums, corrigendums xi. Declaration regarding site feasibility as per Appendix-10 xii. Signed copy of un priced BOQ with company seal xiii. Details of the warranty support plan xiv. Details of Scheduled maintenance plan xv. Copy of previous purchase orders, agreements and satisfactory completion certificate from the customers as per eligibility criteria Si No:14(b) page 11 of tender document xvi. Manpower details/ service centre details of the company consisting of company hierarchy, service engineers with contact details. xvii. Manufactures authorization form Cover -2 (financial Bid) BOQ

15. DETERMINATION OF RESPONSIVENESS Prior to evaluation of Bid, the KSEDC will determine whether each Proposal is responsive to the requirements of the Tender. The KSEDC may, in its sole discretion, reject any Proposal that is not responsive here under. A Proposal shall be considered responsive only if: a) it is received by the Proposal Due Date including any extension thereof b) it is accompanied by the Tender processing fee and EMD or valid exemption certificate c) Applicants has submitted all the required documents in format as mentioned in the Tender

16. AWARD CRITERIA The Bid of the bidder whose Bid is responsive, complete and in accordance with the Tender Document will be considered for evaluation. After completing the evaluation, PO will be placed to the technically shortlisted lowest item rate with all taxes method, not overall lowest; hence a bidder may receive partial order for the quoted items. If one or more bidder has quoted the same unit rate for the same goods, sealed counter offer will be collected from the same bidders for placing P.O to the least offered bidder.

CHAPTER 3

Terms Description

Scope of Work Design, manufacture, shop testing, inspection at vendor’s works, supply, installation and commissioning of Nicd batteries with battery stand, inter cell and inter module connectors and other accessories as per attached technical specification. Battery Make AMCOSAFT / HBL

Guarantee Period Materials shall be guaranteed against manufacturing defects, materials, workmanship and design for a period of 12months from the date of installation and commissioning or 18months from the date of dispatch whichever is earlier. Payment Terms 80% payment with taxes shall be released within 30 days from the date of receipt of items at site and other requisite documents and balance 20% after installation and commissioning against certified invoice with proof of completion of I&C. Technical 1.Signed and stamped QAP. Requirement 2.Signed and stamped technical specification PART 1 opening 3. Battery sizing 4. GTP of battery 5. GA drawing 6. Type Test Report of similar/higher rating batteries. Post order 1. 2sets Factory Test report as approved drawing, technical Requirement specification, GTP and QAP. Inspection 2. Guarantee certificate. Inspection Battery inspection will be carried out by Keltron /End user at manufacturers works Delivery period April 2020 Battery manufacturing shall start after getting clearance from KELTRON.

Bill Of Material

SL NO DESCRIPTION QTY

1 Design ,Manufacture ,Shop Testing Customer 1set Inspection and Supply of Nicd Battery 300cells ,245AH ,1.2V(KPH Type) for KELTRON Make 90KVA UPS system 2 Installation and Commissioning of Nicd Battery 300cells LS ,245AH ,1.2V(KPH Type) for KELTRON Make 90KVA UPS system

TECHNICAL SPECIFICATION

S no Description Purchaser’s Data 1 Application UPS System 2 UPS KVA RATING 90KVA 3 Type of Battery Nicd 4 Nominal Voltage Per Battery 1.2V 5 Design Temp for battery sizing 10’C 6 Ageing factor 1.25 7 Design Margin 1.1 8 Power factor 0.8 9 Efficiency 0.92 10 ECV 1V 11 DC bus voltage 360V 12 No of cells 300nos 13 Backup time 30minutes 14 SOC 0.95 15 Material of rack MS Steel 16 Battery Rack Information Double row double tier 17 Routine Test and Acceptance Test Visual Inspection Marking and Packing Dimension ,Mass and Layout Test for Ah Capacity Test for voltage during discharge Polarity and absence of short circuit Internal Resistance Test Battery load test shall be performed at site after installation as part of commissioning 18 Codes and Standards The batteries shall comply with the requirements of latest revision of BIS standards 19 Standard Accessories Accessories List Shall be provided 20 Type Test Certificates Required

MANUFACTURER’S DATA SHEET

S no Description Data 1 Make 2 Type designation 3 Type 4 AH rating 5 End cell voltage 6 Nominal Voltage 7 Boost charging time hrs 8 No of cells in each bank 9 No of battery banks 10 No of racks 11 Overall rack dimension Length mm Depth mm Height mm 12 Battery charging requirements Nominal voltage /cell V Float voltage /cell V Boost charging voltage/cell V 13 Container type 14 No of recommended air changes/hour for battery room 15 Standard accessories list

Chapter 4

GENERAL CONDITIONS OF CONTRACT (GCC)

1. DEFINITION AND INTERPRETATION

In the contract, unless the context otherwise requires: a) "Acceptance of Tender' means the letter or memorandum communicating to the Contractor the acceptance of his tender. b) “Consignee” means where the equipment are required by the acceptance of the tender to be dispatched by rail, road, air or streamer, the person specified in the Acceptance of tender to whom they are to be delivered at the destination stations. c) “Contract" means and includes Tender Invitation, Instructions to Tenderers, Tender, Acceptance of Tender, General Conditions of Contract, Special Conditions of Contract, schedule of Requirements, Technical Specification and Annexures particulars and the other conditions specified in the acceptance of tender, and amendments. d) The "Contractor'/Bidder/Tenderer” means the person, firm or company with whom the order of the supply is placed/participated/intend to participate in the tender. e) "Drawing" means the drawing or drawings specified in or annexed to the specification. f) The "Inspecting Officer" means the person/team of KSEDC specified in the contract for the purpose of inspection of equipment and includes his/their authorized representatives. g) "Particulars" include:- I. Specifications II. "Proprietary mark" or "brand" means the mark and brand of the Product which is owned by an industrial firm; III. Any other details governing the construction, manufacture or supply of stores as may be prescribed by the contract. h)“Inspection Test” means such test or tests as are prescribed by the specifications to be made by the purchaser or his nominee during installation, and commissioning. i) "Purchase Officer” means the officer signing the acceptance of tender and includes any officer who has authority to execute the relevant contract on behalf of the Purchaser; j) The "Purchaser” means (KSEDC). "Signed" includes stamped, except in the case of acceptance of tender or any amendment thereof

k) "Site" mean the locations as specified in the purchase order at which equipment is required to be delivered /installed by the Contractor under the contract or any other place approved by the Purchaser l) "Material" means the goods in the contract, which the Contractor has agreed to supply under the contract; l) "Test" means such test as is prescribed by the particulars or considered necessary by the KSEDC whether performed or made by the Inspecting Officer or any agency acting under the direction of the Inspecting Officer. n)“Work" means all the work specified or set forth and required in and by the said specifications, drawings and "schedule of Requirements", hereto annexed or to be implied there from or incidental thereto, or to be hereafter specified or required in such explanatory instructions and drawings (being in conformity with the said original specifications, drawings and "Schedule of Requirements"). o)The delivery of the equipment shall be deemed to take place in accordance with the terms of the contract, after approval by the Inspecting Officer /team from KSEDC /its representatives the consignee at various sites p)“Writing” or “Written" includes matter either in whole or in part, in manuscript typewritten, or printed as the case may be. q) Terms and expression not herein defined shall have the meanings assigned to them in the Sale of Goods Act, 1930 or the Indian contract Act,1872 or the General Clauses act, 1897 as the case may be. r) "Facilities" means the Equipment to be supplied and installed as well as all the Installation Services to be carried out by the Contractor under the Contract. s) The quantity of material mentioned is tentative. The quantity is revised if end customer requires revision.

2. SCOPE OF WORK The scope of work is as mentioned in SCC clause 2

3. CONTRACT DOCUMENTS Subject to Article Order of Precedence of the Agreement all documents forming part of the Contract (and all parts thereof) are intended to be correlative, complementary and mutually explanatory. The Contract document shall be read as a whole.

4. SIG NI NG AND ACCEPTANCE OF LOA/PO/WO a) Upon receipt of the LOA/PO/WO the Successful Bidder shall return one copy of the LOA/PO/WO duly signed and stamped by its authorized signatory within 7 (seven) days from the date of issue of LOA/PO/WO. Acceptance of the LOA/PO/WO will bind the agreement between KSEDC and the contractor/supplier as per the SCC & GCC of this tender document. b) In case the Successful Bidder fails to accept the LOA/PO/WO and/or deliver the items/ complete the work within the time limit specified in the PO/WO or any extension thereof as may be decided by KSEDC, the Bid Security shall be forfeited

5. SEVEREABILITY If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of the Contract.

6. CONTRACTOR'S RESPONSIBILITIES a) The Contractor confirms that it has entered into this Contract on the basis of a proper examination of the data relating to the facilities provided by the Purchaser, The Contractor acknowledges that any failure, to acquaint itself with all such data and information shall not relieve its responsibility for properly estimating the difficulty or cost of successfully performing the Facilities. b) The contractor should use materials and workmanship as per the industry standards and best practices and keeping the aesthetic look of the premises. c) The Contractor shall comply with all laws, which are in force in India. The laws will include all local, state, national or other laws that affect the performance of the Contract and bind upon the Contractor. The Contractor shall indemnify and hold harmless the Purchaser from and against any and all liabilities, damages, claims, fines, penalties and expenses of whatever nature arising or resulting from the violation of such laws by the Contractor or its personnel, including the Subcontractors and their personnel.

d) All costs, damages and expenses which KSEDC may have incurred or suffered and which are recoverable from the contractor under the terms of this contract or the relevant law may, at the discretion of the KSEDCbe recovered by deducting the requisite amounts from any moneys due and payable or refundable to the contractor on any account whatsoever or by legal proceedings. The KSEDCalso reserves the right and shall be entitled to 20

retain payments due to the contractor under this contract and to set off the same against all claims whether arising out of this contract or out of any other transaction whatsoever against the contractor.

7. CONFIDENTIAL INFORMATION a) The Purchaser and the Contractor shall keep confidential and shall not, without the written consent of the other party hereto, divulge to any third party, any documents, data or other information furnished directly or indirectly by the other party hereto in connection with the Contract, whether such information has been furnished prior to, during or following termination of the Contract. b) The Contractor shall not use such documents, data and other information received from the Purchaser for any purpose other than the design, procurement of Material, construction or such other work and services as are required for the performance of the Contract. 8. MATERIALS & SERVICES a) Materials to be supplied/work to be carried out are indicated in scope of work of SCC. The contractor shall take delivery of the materials KEC Karakulam. b) All the Materials to be supplied/used for execution of work shall be as per technical specification. The contractor has to load, unload and transport the same to the worksite at his own cost. No additional amount will be paid by KSEDC. Further, care needs to be taken while shifting of the material to the location so that other installations at the site, flooring of the site are not damaged. If any damage to other installations happens, the contractor has to make good of the same or the amount will be deducted from the invoices. c) The contractor will, however, have to procure all the materials required for executing the labor portion of the work/supply of material. The contractor shall engage his own labor and supervisor for the execution of the work covered in the contract. d) The contractor shall supply all the materials as mentioned in schedule and transport the material to the location at his own cost. However, any other material not specifically mentioned herewith but is required for executing the scope of work covered in the tender shall be provided by the bidder at his own cost. e) All required materials if any for the technical specification mentioned in Chapter 3, Technical specification including mounts viz. screws, nuts, clamps, pipes, wires, terminals and miscellaneous materials etc. should be supplied by contractor as directed by KSEDC.

9. CONTRACT a) This contract is for the scope of work mentioned in SCC, Clause 2. All Material must be brand new and unused. Unpacking/seal opening has to be done in presence of KSEDC/authorized representatives. b) The whole contract is to be executed in the most approved, substantial and workmanship manner, to the entire satisfaction of the Purchaser or his nominee, who, both personally and may his deputies, shall have full power, at every stage of progress, to inspect the material at such times as he may deem fit and to reject any of the material which he may disapprove.

10. KSEDC’s RESPONSIBILITY Refer SCC clause number 10.

11. EMD a) EMD shall be valid for a period of 90 days from the date of closing of the bid and to be extended as per the request from KSEDC. b) Earnest Money Deposit will be forfeited if the rates are enhanced from their quoted rate during validity period or extended period, or the order is not executed after the acceptance of the order. c) If any tenderer backs out after the Company has accepted his tender, it will be considered as default and the EMD will be forfeited by the Company by informing the tenderer as having done so. d) The Earnest Money Deposit will not bear any interest e) If the Successful Bidder fails to furnish the Performance Security(ies) then the Bid Security shall be liable to be forfeited by KSEDC, in addition to any other actions as per terms and conditions stipulated in the contract

12. TAXES AND DUTIES a) The Contractor shall bear and pay all taxes(other than the GST of the goods and services rendered to KSEDC, duties, levies and charges assessed on the Contractor, its Subcontractors or their employees by all municipal, state or national government authorities in connection with the Facilities in and outside India. b) Any liabilities arising due to wrongly mentioned HSN code and Tax percentage should be borne by the supplier. c) In the event of exemption or reduction of any form of Tax being granted by the Government in respect of the works, the benefit of the same shall be passed on to the purchaser. d) All statutory levies (except GST) applicable to this contract shall be 22

payable by the contractor and KSEDC will not entertain any claim whatsoever in this respect other than GST . GST will be paid extra at the applicable rate on the applicable value, as per GST law in India, after submission of appropriate GST invoices by the contractor to KSEDC. Under GST law the contractor shall also comply regarding filing of all the returns to the GST network/government departments within the stipulated time every month or such other period as required by the Government. If the contractor does not comply with any of the GST laws and procedures and if KSEDC incurs any liability on this account or does not get the input credit from the GST Network/Government as goods and/or service receiver due to the contractor’s failure to comply with the procedures of filing / uploading of data/submissions of documents etc in time then all such liability including the input credit of the GST lost by KSEDC and the penalties and interest incurred by KSEDC would be the liability of the contractor and the same shall be recovered either by recovery from security deposits/any other amount payable by the contractor to KSEDC or through direct payment. The contractor shall submit the copy of latest filed return - GSTR1 along with the invoice.

13. TIME AND SCHEDULE FOR DELIVERY As mentioned in SCC clause 13

14. DELIVERY / COMPLETION a) Notification of delivery and dispatch with regard to each and every consignment shall be made to the Purchaser immediately on dispatch and delivery. The tracking number of transport mode along with necessary details for tracking of the dispatched material needs to be communicated to the purchaser on every dispatch. b) Time for delivery: Time is the essence of the contract. The time and date specified in the contract or as extended for the delivery of the Material/completion of work shall be deemed to be the essence of the contract and delivery must be completed not later than the dates so specified or extended by Purchaser. Unless the delivery/completion period is extended by KSEDC in writing, the contract/PO/WO is deemed to be cancelled and KSEDC may forfeit EMD/PBG. c) Progress of Deliveries: The contractor shall allow reasonable facilities and free access to his works and records to the inspecting officer; progress officer or such other officer as may be nominated by the Purchaser for the purpose of ascertaining the progress of the deliveries under the contract. d) Extension of time for Delivery/Completion: The purchaser may extend the timeline for delivery of Material/completion of work at his own discretion 23

due to the reasons, which may be beyond the control of purchaser. The price quoted shall remain same even in case of extended delivery time line. The purchase order will remain null and void after the delivery date mentioned in the PO/WO/LOA. Delivery against the invalid purchase order/work order will not be accepted unless the supplier requested to extend delivery date and the same is approved by KSEDC in writing .The Liquidated Damages clause will anyways will be applicable to the initial delivery date before extension. However in case of extended delivery, the DLP and CAMC period calculation if any as per the scope of this tender will be done as per the acceptance certificate issued by the purchaser. 15. FAILURE AND TERMINATION If the contractor fails to deliver, install, commission and test the material or any instalment thereof within the period fixed for such delivery/completion of work in the contract or as extended or at any time repudiates the contract before the expiry of such period, the purchaser may without prejudice to his other rights recover from the Contractor as a penalty a sum equivalent of 1 % of value of delayed goods/work per week of delay subject to maximum 10% of the value of delayed goods/work after which contract will be deemed as cancelled & PBG and or EMD will be encashed by the purchaser. For avoidance of doubt, the L.D will be calculated on pro rata basis for the no. of days of delay. 16. CONSEQUENCES OF REJECTION If on inspection of the materials commissioned at site are found to be not matching the requirement of purchaser as mentioned in the tender document and are being rejected by the Inspecting Officer/team of KSEDC or its representatives, the Contractor would be required to make satisfactory supplies of brand new and unused material or its spare parts meeting the requirement as mentioned in the tender document within the stipulated period of delivery. a). On rejection of any Material submitted for inspection at a place other than the premises of the Contractor, such stores shall be removed by the Contractor at his own cost subject as herein after stipulated, within 3 days of the date of intimation in writing of such rejection. b). All rejected Material shall in any event and circumstances remain and always are at the risk of the Contractor immediately on such rejection. If such Material are not removed by the Contractor within the periods aforementioned, the Inspecting Officer/KSEDC representatives or its authorized personnel may remove the rejected Material. The purchaser shall, in addition, be entitled to recover from the Contractor the handling and storage charges on the rejected Material after the expiry of the time- limit mentioned above 24

17. FORCE MAJEURE In the event of any unforeseen event during the currency of the Contract, such as earthquake, war, fires, floods, or acts of God, as a result of which, either party (purchaser/contractor) is prevented, or hindered in performing any of its obligations under the contract, then it shall within a week from the commencement thereof, notify the same in writing to the other party with reasonable evidence thereof. If the force majeure condition(s) mentioned above be in force for a period of 21 days or more at any time, the either party shall have the option to terminate the contract on expiry of 21 days of commencement of such force majeure by giving 5 days notice to the other party in writing. In case of such termination, no damages shall be claimed by either party against the other, save and except those which had occurred under any other clause of this contract prior to such termination.

18. INVOICE/BILLS: Invoice Should be submitted as detailed in SCC clause 18

19. ACCEPTANCE TESTS If the work is found defective when commissioned, shall be fixed free of cost by contractor. The cost of all tests and/or analysis affected at the manufacturers or contractor’s works shall also be borne by the contractor. KSEDC shall issue an Acceptance certificate for successful supply of section covering all materials and services included in the Scope of work after the final acceptance test as per the approved test procedure have been completed and the performance has been found to meet the specifications. KSEDC decision in this respect shall be final. Any component, modules, sub-assemblies or equipment failing during the commissioning test shall be replaced/repaired free of cost by tenderer.

20. DOCUMENTS TO BE FURNISHED ALONG WITH EQUIPMENT/ON WORK COMPLETION The technical documents and other information (all publically available document related to materials and work quoted) to be furnished along with the material/on completion of work are as detailed in SCC clause.

21. PERFORMANCE BANK GUARANTEE a) Unless specified separately in SCC, the successful bidder shall furnish a Performance Bank Guarantee (PBG) or Perform a security deposit (DD,NEFT,Cheque) for an amount equivalent to 10% of the value of the LOA/PO/WO.Validity mentioned in SCC 21.

b) In case if Performance Bank Guarantee (PBG) is submitting, it must be from a Nationalized Indian Bank/Scheduled bank, payable at a designated bank branch located in Trivandrum for an amount unless mentioned in SCC shall be equivalent to 10% of the value of the LOA/PO/WO. The expenses to be incurred for the making Performance Bank Guarantee (PBG) shall be borne by the Contractor. c) The Purchaser shall be entitled on his part to forfeit the amount of the Performance Bank Guarantee/Security deposit in whole or in part in the event of any default, failure or neglect on the part of the Contract in the fulfillment or performance in all respects of the contract under reference or any other contract with the Purchaser shall also be entitled to deduct from the amount of the Performance Bank Guarantee/Security deposit any loss or damage which the Purchaser may suffer. d) KSEDC at its sole discretion may request the supplier to extend the Performance bank guarantee on the extension of delivery date equal for a period of extended time of delivery. Failing to extend Performance bank guarantee, KSEDC shall be entitled to forfeit the performance bank guarantee. e) PBG/security deposit will be released after the expiry of warranty period and after completion of all warranty obligations. f) PBG/security deposit will not bear any interest

22. LATE DELIVERY PENALTY AND LIQUIDATED DAMAGES

a) FOR DELIVERY AND FIXING Unless otherwise specified separately in SCC ,If the contractor fails to complete the work/deliver the items within the stipulated time in the work order/purchase order and/ contract, the contractor shall pay KSEDC in terms of late delivery fee 1 % of value of delayed goods/work per week of delay subject to maximum 10% of the value of such goods/work. For avoidance of doubt, the L.D will be calculated on pro rata basis for the no. of days of delay for the delayed goods/work, subject to a minimum of one week’s LD. b) DURING WARRANTY/DLP PERIOD The contractor shall attend the fault reported within 2 days from the time of notification by KSEDC and shall be rectified/replaced the defective parts within 5 days from the notification time. If the contractor fails to rectify the faults within 5 days, the contractor shall pay a liquidated damages fee/ performance debit charges as mentioned in SCC Clause 22.b.

23. PACKING AND MARKING Packing: The Contractor shall pack at his own cost the goods sufficiently and properly for transit by rail/road, air and/or sea so as to ensure their being free from loss or damage on arrival at their destination stations as specified in the purchase order/work order. He shall decide the packing for the stores by taking into account the fact that the stores will have to undergo arduous transportation before reaching the destination and will have to be stored and handled in tropical climatic conditions (Including Monsoons) before being put to actual use. Unless otherwise provided in the contract, all containers (including packing cases, boxes, tins, drums and wrappings) in which the stores are supplied by the Contractor shall be considered as non-returnable and their cost as having been included in the contract price. Each packages shall contain a packing note specifying the name and address of the Contractor, the number and date of the acceptance of tender and the Designation of the Purchase Officer issuing the supply orders, the description of the equipment and the quantity contained therein.

24. WARRANTY/DLP The contractor shall warranty that everything to be furnished under this contract shall be free from defects and faults in design, materials, workmanship and manufacture and shall be of the highest grade and consistent with the established and generally accepted standards for goods of the type ordered and in full conformity with the contract specifications and samples, if any and shall if operable, operate properly. The contractor’s liability in respect of any complaints/defect and/or claims shall be limited to the furnished and installation of replacement parts free of any charge only to the extent that such replacement is attributable to or arise from faulty workmanship of materials or design in the manufacture of the equipment, or wear and tear during normal use, provided that the defects are brought to the notice of the contractor within the warranty period. All replacement at KSEDC shall call upon the contractor to deliver or perform under this warranty shall be delivered and performed by the contractor promptly and satisfactorily. If the contractor desires, the replaced parts can be taken over by them for disposal as they deem fit within period of one month from the date of replacement. At the expiry of this period, no claim whatsoever shall be on the KSEDC. During warranty the defective parts should be replaced at the earliest in the interest of the contractor to avoid penalty for down time in case of system fails

25. PAYMENT TERMS The payment terms subject to recoveries, if any, will be as mentioned in SCC clause 25.

26. CONSIGNEE'S RIGHT OF REJECTION : Notwithstanding any approval which the Inspecting Officer may have given in respect of the stores or any goods or other particulars or the work or workmanship involved in the performance of the contract (whether with or without any test carried out by the Contractor or the Inspecting Officer or under the direction of the Inspecting Officer) and notwithstanding delivery of the stores/completion of work where so provided to the interim consignee, it shall be lawful for the consignee, on behalf of the Purchaser, to reject the stores/work or any part, portion of consignment thereof within 45 days after actual delivery/completion thereof to him at the place or destination specified in the contract if such stores/work or part, portion of consignment thereof is not in all respects in conformity with the terms and conditions of the contract whether on account of any loss, deterioration or damage before dispatch or delivery or during transit or otherwise howsoever. 27. RESPONSIBILITY FOR COMPLETENESS a) Goods supplied/work done must meet the specification at the place of delivery. b) All the charges incurred towards man-powers, materials, equipments, consumables transportation and making the work useful at the place of installation shall be borne by the successful bidder.

28. INDEMNITY a) The prices stated are to include all rights (if any) of patent, registered design or trade mark and the Bidder shall at all times indemnify the Purchaser against all claims which may be made in respect of the Material for infringement of any right protected by patent, registration of designs or trademark; provided always that in the event of any claim in respect of alleged breach of a patent, registered designs or trademark being made against purchaser, the Purchaser shall notify the bidder of the same and the bidder shall, at his own expense, either settle any such dispute or conduct any litigation that may arise there from. b) The bidder shall return all such property and shall be responsible for the full value thereof to be accessed by the Purchaser whose decision shall be final and binding on the bidder. The bidder shall be liable for loss or damage to such property from whatever cause happening while such property is in the possession of or under the control of the bidder, his servants, workmen or agents. 28

29. INSOLVENCY AND BREACH OF CONTRACT The Purchaser may at any time, issue notice in writing summarily terminate the contract without compensation to the Contractor in any of the following events, that is to say: a) If the Contractor being an individual or a firm: -. Any partner thereof, shall at any time, be adjudged insolvent or shall have a receiving order or order for administration of his estate made against him or shall take any proceeding for composition under any Insolvency Act for the time being in force or make any conveyance or assignment of his effects or enter into any assignment or composition with his creditors or suspend payment or if the firm be dissolved under the Partnership Act, or b) If the Contractor being a company is wound up voluntarily or by the order of a Court or a Receiver, Liquidator, or Manager on behalf of the debenture holders is appointed, or circumstances shall have arisen which entitle the Court or Debenture holders to appoint a Receiver, Liquidator or Manager, or c) If the contractor commits any breach of the contract not herein specifically provided for. d) Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the Purchaser and provided also the Contractor shall be liable to pay to the Purchaser any extra expenditure he is thereby put to and the Contractor shall, under no circumstances, be entitled to any gain on re purchase.

30. LAWS GOVERNING THE CONTRACT a) This contract shall be governed by the Laws of India for the time being in force. b) Irrespective of the place of delivery and the place of payment under the contract, the contract shall be deemed to have been made at Trivandrum. 31. ARBITRATION a) Any dispute or differences arising out of the agreement shall fall under the exclusive jurisdiction of courts at Trivandrum. b) Suspension of Work On Account of litigation: There should be no impact on the ongoing supply of goods in case the matter is referred to litigation.

32. CORRUPT PRACTICES The Bidder shall not offer or give or agree to give to any person in the employment of the Purchaser or working under the orders of the Purchaser any gift or consideration of any kind as an inducement or reward of doing or forbearing to do or having done or forborne to do any act in relation to the obtaining or execution of the contract or any other contract with the Purchaser or Government for showing any favor or for bearing to show disfavor to any person in relation to the contract or to any other contract 29

with the Purchaser or Government. Any breach of the aforesaid condition by the Contractor, or any one employed by him or acting on his behalf, under Chapter IX of the Indian Penal code,1860 or the Prevention of Corruption Act, 1988 or any other act enacted for the prevention of corruption by public servants shall entitle the Purchaser to cancel the contract and all or any other contracts with the Bidder and to recover from the bidder the amount of any loss arising from such cancellation in accordance with the provision of clause 9. If it is found that Bidder(s) had engaged in corrupt/ fraudulent practice in securing and executing the Contracts, KSEDC reserves the right: i. not to award Contracts to such Bidder, ii. to cancel the Contracts, if already awarded. In case of cancellation, KSEDC shall be entitled to recover from the Bidder the amount of any loss arising from such cancellation in accordance with the provisions of the Tender Document. KSEDC shall also have the right to forfeit the Bid Security/ Performance Security of such Bidder, and iii. to ban the business dealing with the Bidder who engaged in such practices either indefinitely or for a specified period of time.

33. NON EXCLUSIVE KSEDC on its sole discretion reserves the rights to avail the similar services from other Service Providers/ others during the Contract period.

Chapter 5

SPECIAL CONDITIONS OF CONTRACT (SCC)

CONDITIONS GOVERNING THE CONTRACT The special conditions of contract contained herein shall be supplemented to the general conditions of the contract and in event of any conflict or inconsistency between them; Special conditions of the contract will supersede the General conditions of the contract.

GCC SCC CLAUSE SUPERCEDING GCC CLAUSE NO: 1 Nil SCOPE OF WORK Terms Description

2 Scope of Work Design, manufacture, shop testing, inspection at vendor’s works, supply, installation and commissioning of Nicd batteries with battery stand, inter cell and inter module connectors and other accessories as per attached technical specification. Battery Make AMCOSAFT / HBL

Guarantee Period Materials shall be guaranteed against manufacturing defects, materials, workmanship and design for a period of 12months from the date of installation and commissioning or 18months from the date of dispatch whichever is earlier. Payment Terms 80% payment with taxes shall be released within 30 days from the date of receipt of items at site and other requisite documents and balance 20% after installation and commissioning against certified invoice with proof of completion of I&C. Technical 1.Signed and stamped QAP. Requirement 2.Signed and stamped technical PART 1 opening specification 3. Battery sizing 4. GTP of battery 5. GA drawing 6. Type Test Report of similar/higher rating batteries. Post order 1. 2sets Factory Test report as approved Requirement drawing, technical specification, GTP and

Inspection QAP. 2. Guarantee certificate. Inspection Battery inspection will be carried out by Keltron /End user at manufacturers works Delivery period April 2020 Battery manufacturing shall start after getting clearance from KELTRON. 3 Nil 4 Nil 5 Nil 6 Nil 7 Nil 8 Nil 9 Nil KSEDC shall allocate the space for the installation of Battery . The contractor should use materials and workmanship as per the industry

10 standards and best practices and keeping the aesthetic look of the premises. 11 Nil 12 Nil Battery t to be supplied, installed and commissioned as per direction from KSEDC within stipulated time as per the delivery schedule

from the date of issuance of PO/Work order. 13 The Contractor shall be required by the Purchaser to supply and commissioning Battery 14 The quantities of the material detailed therein shall be delivered andcommissioned not later than the dates specified in the Purchase order.

15 Nil 16 Nil 17 Nil The invoice must be submitted in duplicate, after supply and commissioning of equipment against work order. 18 19 Nil

Following technical documents and other information are to be furnished along with the equipment.

i. Detailed technical description of each of the equipment offered ii. Documents for installation details etc. iii. Details regarding power supply equipment such as

UPS, invertor 20 iv. Manual for operation and maintenance of the equipment supplied. v. Details of test accessories and test facilities provided along with write up testing and troubleshooting procedures. Technical literature of equipment to be supplied, along with the supply of materials. vi. Guarantee/Warranty certificate. vii. List of consumable’s and spare parts per equipment The successful bidd er (contractor) will be required to remit

a Security Deposit (SD) valid for a period of 6 months from the date

of LOA and is extended depends on the requirement of KSEDC . The 21 contractor shall execute an agreement in the prescribed form on two hundred rupees non-judicial stamp paper after furnishing a SD of 10% of the total contract amount as BG within 7 days from the date of Letter of Award issued by KELTRON for the due fulfillment of the contract. The security deposit will be converted into PBG valid for warranty period+90 days from the date of commissioning and the contractor should extend the validity as required. Any changes/modifications as may be indicated by KELTRON at the time of discussions, negotiations will become a part of the agreement . 22.a Nil During Warranty period, a fee @ 0.5% of the PBG value (10% of total contract value) for each 1 day or the portion of such period subject to 22.b maximum of the PBG value shall be deducted for the warranty period. PBG will be released afteradjusting the late performance debit charges.

23 Nil This warranty shall commence from the date of issue of acceptance certificate of the work completion/installation. Materials shall be 24 guaranteed against manufacturing defects, materials, workmanship and design for a period of 12months from the date of installation and commissioning or 18months from the date of dispatch whichever is earlier. Partial delivery against PO/WO is accepted. However the payment shall be made on acceptance of full quantity delivered. Payment after all

statutory deductions and retention if any days against the completion

of work/delivery of items will be made on submission of following documents:

25 a) Certificate from the purchasers of having receipt of Performance Bank Guarantee. b) Invoice in duplicate. c) Certificate from purchaser/ consignee indicating successful Installation, testing, and commissioning of the items. d) Warranty certificate valid for 24 months for Battery from the date of acceptance of the items. Payment Terms: 80% payment with taxes shall be released within 30 days

from the date of receipt of items at site and other requisite documents and

balance 20% after installation and commissioning against certified invoice

with proof of completion of I&C . (Basic invoice value will be released as

per the payment terms and GST amount will be released only after

ITC reflected in KELTRON GST portal (GSTR2A))

26 Nil

27 Nil 28 Nil 29 Nil 30 Nil 31 Nil 32 Nil 33 Nil

APPENDIX

TENDER INDEX

The following tender index/check list is intended to help the tenderers in submitting offer. An incomplete offer is liable to be rejected. Tenderers are advised to go through the list carefully and take necessary action. Sl Enclosed Yes/No Docume No nts 1 EMD and Tender fee paid In case EMD exemption required, A letter stating exemption of 2 EMD with copy of valid MSME/NSIC/KV IB cer tificates. 3 Tender Index as per Appendix 1 of this tender document Power of Att orney or document as per clause 10,Chapter 2 of 4 this tender document Schedule of compliance with technical specification as per 5 Appendix 3 of this tender document. Schedule of deviation if any from Tender terms and 6 conditions as per Appendix 4 7 Letter of proposal as per Appendix 5 of this tender document 8 Documents pertaining to clause 14.a,Chapter 2 of this tender document Copy of CA audited balance sheet, profit and loss statement for 9 financial year 2015-16, 2016-17, 2018-19 pertaining to clause 14.b chapter2 of this tender document Undertaking that applicant is not blacklisted /debarred as 10 per clause 14.c,Chapter 2 as per format Appendix 8 of this tender document 11 Documents pertaining to clause 14.d,Chapter 2 of this tender document Duly filled company profile as per Appendix 7 of this tender 12 document with necessary attachments requested 13 Technical details of the Proposed Work (Chapter 02, clause 12). 14 Any other documents relevant to this tender

15 Price Bid(BOQ)

Place: Date : Name & Designation of Authorized Person Signature: Stamp

APPENDIX: 2

POWER OF ATTORNEY

FORMAT A (To be printed on Non-Judicial Stamp paper of appropriate value and duly notarized)

To know all men by these presents that, I, , holding the post of and competent authority of (the Bidder/Lead Member of the Joint Venture/Consortium) do hereby constitute, appoint, authorise and nominate ------(Name & Designation) to do all such acts, deeds and things necessary to the application in connection or incidental with the RFQ/ RFP/Tender No: , floated by M/s KSEDC for ------) including signing and submission of all the documents and providing necessary information/response to KSEDCand also to bid, negotiate and also to execute the contract, in case is the tender is awarded.

This Power of Attorney shall remain valid, binding and irrevocable until the completion of the tender or till the completion of the tenure of contract to be executed between ------(the Bidder /Joint Venture/Consortium) if tend er is awarded in favour of ------(the Bidder / JV/Consortium), whichever is applicable.

We hereby agrees to ratify all the acts, deeds and things lawfully done by the Attorney pursuant to this Power of Attorney and that all acts, deeds and things done by above mentioned Attorney shall always be deemed to have been done by us on behalf of ------(the Bidder/ Joint Venture/Consortium).

IN WITNESS THEREOF, WE ----(the Bidder/ Lead Member of the Joint Venture/Consortium as previously mentioned) have executed these presents on this day of at .

For -----(Bidder/ Lead Member)

Competent Authority

APPENDIX 3 SCHEDULE OF COMPLIANCE WITH TECHNICAL SPECIFICATION OF ITEMS Bill Of Material &Scope of Work Terms Description

Guarantee Period Materials shall be guaranteed against manufacturing defects, materials, workmanship and design for a period of 12months from the date of installation and commissioning or 18months from the date of dispatch whichever is earlier. Payment Terms 80% payment with taxes shall be released within 30 days from the date of receipt of items at site and other requisite documents and balance 20% after installation and commissioning against certified invoice with proof of completion of I&C. Technical 1.Signed and stamped QAP. Requirement 2.Signed and stamped technical PART 1 opening specification 3. Battery sizing 4. GTP of battery 5. GA drawing 6. Type Test Report of similar/higher rating batteries. Post order 1. 2sets Factory Test report as Requirement approved drawing, technical Inspection specification, GTP and QAP. 2. Guarantee certificate. Inspection Battery inspection will be carried out by Keltron /End user at manufacturers works Delivery period April 2020 Battery manufacturing shall start after getting clearance from KELTRON.

S no Description Purchaser’s Data Compiance/deviation 1 UPS System Application

2 UPS KVA 90KVA RATING 3 Type of Battery Nicd

4 Nominal Voltage 1.2V Per Battery 5 Design Temp 10’C for battery sizing 6 Ageing factor 1.25

7 Design Margin 1.1

8 Power factor 0.8

9 Efficiency 0.92

10 ECV 1V

11 DC bus voltage 360V

12 No of cells 300nos

13 Backup time 30minutes

14 SOC 0.95

15 Material of rack MS Steel

16 Battery Rack Information Double row double tier

17 Routine Test and Acceptance Visual Inspection Test

Marking and Packing

Dimension ,Mass and Layout

Test for Ah Capacity

Test for voltage during discharge

Polarity and absence of short circuit

Internal Resistance Test

Battery load test shall be performed at site after installation as part of commissioning 18 Codes and The batteries shall comply Standards with the requirements of latest revision of BIS standards 19 Standard Accessories Accessories List Shall be provided

20 Type Test Certificates Required

MANUFACTURER’S DATA SHEET

S no Description Data Compliance/deviation 1 Make

2 Type designation

3 Type

4 AH rating

5 End cell voltage

6 Nominal Voltage

7 hrs Boost charging time

8 No of cells in each bank

9 No of battery banks

10 No of racks

Overall rack dimension mm Length

Depth mm Height

mm 12 Battery charging requirements V Nominal voltage /cell

V Float voltage /cell

V Boost charging voltage/cell 13 Container type

14 No of recommended air changes/hour for battery room 15 Standard accessories list

Bill Of Material

SL NO DESCRIPTION QTY Compiance/deviation

1 Design ,Manufacture ,Shop Testing 1set Customer Inspection and Supply of Nicd Battery 300cells ,245AH ,1.2V(KPH Type) for KELTRON Make 90KVA UPS system 2 Installation and Commissioning of Nicd LS Battery 300cells ,245AH ,1.2V(KPH Type) for KELTRON Make 90KVA UPS system

Place : Date :

Name & Designation of Authorized

Person Signature :

Stamp

APPENDIX 4 SCHEDULE OF DEVEATION FROM TENDER TERMS AND CONDITIONS

(Tender clause / section DEVIATION IF ANY REMARKS no)

Place: Date :

Name & Designation of Authorized

Person Signature :

Stamp

Annexure-5

LETTER OF PROPOSAL SUBMISSION

Bid for Supply and commissioning of Battery

To,

Head Purchase KEC,Karakulam Trivandrum

Reference : Tender for Supply and commissioning of Battery

Dear Sir,

We hereby submit our Bid for Design, manufacture, shop testing, site delivery, installation and commissioning of SMF VRLA batteries with battery stand, inter cell and inter module connectors.

* Strike off whichever is not applicable

i. We enclose a Online payment details Transaction No ...... dated...... for Rs.------), towards Earnest Money Deposit and Tender Fee ii. We have downloaded/not downloaded the bid document from the www. etenders .kerala .gov.in

DECLARATION: I/We hereby confirm having read and understood the tender documents and its corrigendum/addendum if any and the requirements of work/supply under this tender. The information furnished by us is true to the best of our knowledge and belief and nothing has been concealed there from. I/We Agree to abide by all the terms and conditions of the tender documents.

Place : Date

Name & Designation of Authorized

Person Signature :

Stamp

APPENDIX: 6 BANK GUARANTEE (For performance security) (To be printed on Non-judicial stamp paper of appropriate value)

This Deed of Guarantee made this the --- day of 20XX by ------(Name of the Bank), having its registered office at ------, and one of its branches at ------(Address of the Branch) (hereinafter called the Guarantor) in favour of KSEDC , ------(hereinafter called the beneficiary).

WHEREAS M/s. (Name of the Contractor) having their address/ registered Office at (Address of the Contractor’s registered Office) (hereinafter called the “Contractor”)was awarded contract for (supply / Erection / Supply & Erection / Work/others- specify the purpose) of (Name of the material / equipment / work/others- specify) by KSEDC, the “Beneficiary” and

WHEREAS a performance guarantee of Rs. -----/- has to be submitted by the Contractor, before undertaking the contract and

WHEREAS the Contractor has requested the Guarantor for issuing a Bank Guarantee for Rs. (Amount as stipulated) valid till (mention here date of validity of this Guarantee which will be days beyond contract period) towards Performance guarantee amount payable to the Beneficiary, and

WHEREAS the Guarantor has agreed to issue such Bank Guarantee to the Beneficiary as hereunder mentioned:

We, (Name of the Bank and address of the Branch giving the Bank Guarantee) having our registered Office at (Address of Bank’s registered Office) hereby give this Bank Guarantee No. dated and do hereby irrevocably undertake to pay immediately on demand, without requiring any previous notice and without any demur, reservation, recourse, contest or protest and without referring to any other sources including the Contractor and without the beneficiary having to substantiate its demand, to the beneficiary a sum not exceeding Rs. (amount as stipulated) (Rupees ) (in words) on behalf of the Contractor. Guarantor agrees that any demand in writing made by the authorised officials of the Beneficiary shall be conclusive as regards the amount due and payable by the Guarantor under this Guarantee. 46

We, (Name of the Bank) further undertake to pay without demur the aforesaid amount in lump sum on demand or such part there of as the beneficiary may demand from time to time irrespective of the fact whether the said contractor admits or denies such claim or questions correctness in any court, Tribunal or Arbitration proceedings or before any authority. The aforesaid guarantee will remain in force and we shall be liable under the same irrespective of any concession or time being granted by the beneficiary to the contractor and this guarantee will remain in full force irrespective of any change of terms, conditions or stipulation or any variation in the terms of the said contract.

We, (Name of the Bank) further agree with the beneficiary that the beneficiary will have the fullest liberty without our consent and without in any manner affecting our obligations hereunder to vary any of the terms and conditions of the contract or to extend the time for performance of the contract by the contractor or to postpone any of the powers exercisable by the beneficiary or to forbear or enforce any of the terms and conditions of the contract and that we shall not be relieved from our liability by reasons of any such variation or extension or forbearance or postponement or omission or by any indulgence by the beneficiary to the contractor or by any such matter whatsoever which under the law relating to sureties would, but for this provision, have resulted in relieving us.

This Bank Guarantee shall be valid and binding on this Bank upto and inclusive of (mention here the date of validity of Bank Guarantee), unless extended on demand by the beneficiary. The Guarantee shall not be terminated or affected by liquidation or winding up or insolvency or change in constitution of the Contractor or for any other reason. This guarantee shall not be terminated by the guarantor under any circumstances including change in the constitution of the Bank and our liability hereunder shall not be impaired or discharged by any extension of time or variations or alterations made, given, conceded in the contract with or without our knowledge or with or without consent by or between the Contractor and the beneficiary.

NOT WITHSTANDING anything contained hereinbefore, our liability under this Guarantee is restricted to Rs. (amount as stipulated) (Rupees (in words). Our Guarantee shall remain inforce till (-- -- days after the date of validity of the contract). Unless demands or claims under this Bank Guarantee are made to us in writing on or before (date should be one year over and above the validity period of BG), all rights of Beneficiary under this Bank Guarantee shall be forfeited and we shall be released and discharged from all liabilities there under.

Place: Signature of the Bank’s Authorized

Signatory with Official Seal

Date :

APPENDIX: 7

COMPANY PROFILE

No. DETAIL S 1 Company/Firm/Individual/HUF/Partners Title hip/Oth ers(Others-Please specify)

2 Name of Bidder (with city and postal code)

2 Address with telephone, e-mail, fax number & the name(s) of the contact person(s)

3 GST ID State of registration (attach GST Registration certificate) 4 PAN DETAILS (attach documentary proof duly attested) 5 BANK DETAILS (Attach cheque copy) Name of Bank

Name of Branch

IFSC Code

Account Number

Address of Bank

NB:Duly filled company profile along with cheque copy,PAN card copy , Certificate of incorporation, registration and GST certificate to be scanned and uploaded as a single document Place: Date : Name & Designation of Authorized Person Signature : Stamp 49

APPENDIX : 8

LETTER OF UNDERTAKING

To,

Head Purchase KEC ,Karakulam

This is to certify that M/S…………………………………………………… ………………..a reputed and certified Company/firm/Sole proprietorship firm for Supply and commissioning of Battery has NOT been Black listed /Debarred by any Government undertaking /semi Government/ Govt. Controlled Institutions /projects /Reputed private organizations in India or Abroad.

If it is found at any stage of the tender processing or after the award of the contract that, we are Blacklisted/Debarred by any organisation as mentioned hereinabove, KSEDC reserve the absolute right to take appropriate action against us, including but not limited to the termination of the award of tender or initiating legal proceedings against us.

Place : Date

Name & Designation of Authorized

Person Signature :

Stamp

APPENDIX : 9

BID FORM (To be submitted in Letter Head)

To Head (Purchase) KELTRON Equipment Complex Karakulam, Thiruvananthapuram 695564 Kerala.

Sub: Bid Form Ref. Tender No .: ------

Dear Sir,

1. Having examined the conditions of tender contract, the receipt of which is hereby duly acknowledged, I/We, undersigned, offer to Bid for Supply and commissioning of Battery

“and execute the work with tender specifications referred above and also to the said terms & conditions of contract at the rate shown in the financial bid (BOQ) attached herewith and made part of this bid.

2. I / We undertake, if our Bid is accepted, to complete supplies as per the conditions of tender within the stipulated time and also ensure an availability of 95%( minimum) for all the systems & accessories on a yearly basis. This means that all the systems & accessories covered under this performance guarantee clause shall be in operating condition at least on 95% of the normal working hours in a year. We will support at the site during the entire warranty period with manpower and materials whenever support is required for KELTRON.

3. I/We agree that the offer shall remain open for acceptance for a minimum period of 180 days stipulated in the Tender from the date of opening of the tender and thereafter until it is withdrawn by us by notice in writing duly addressed to the authority of opening the tender and sent by registered post with acknowledgement due or otherwise delivered at the office of the authority. The EMD amount shall not bear any interest and shall be liable to be forfeited to KELTRON should I/We fail to abide by the stipulations to keep the offer open for a period mentioned above or fail to sign and complete the contract document as required by KELTRON and furnish the Security Deposit as specified in the terms and conditions of the contract. The EMD amount may be adjusted towards SD or refunded to us unless the same or any part thereof has been forfeited as aforesaid. 4. We understand that you are not bound to accept the lowest or any bid, you may receive. 5. The tender document for the works mentioned above have been obtained by me from the

URL: https://etenders.kerala.gov.in , the official e-procurement website of Govt. of Kerala and I / We hereby certify that I /We have read the entire terms and conditions of the tender document, which shall form part of the contract agreement and I / We shall abide by the conditions / clauses contained therein. 6. I/We declare that the information furnished in the bid is true to the best of our knowledge. If any false/fictitious information is found, I/We agree to the rejection of the bid and consequence action. 7. I / We hereby unconditionally accept the tender conditions of KELTRON’s tender document in its entirety for the above supplies.

Dated this ………………………..day of………………………………… 2019 Signature of

In capacity of Duly authorized to sign the bid for and on behalf of ------

Witness 1. ------Signature Name & Address:

Witness 2. ------Signature Name & Address:

APPENDIX : 10

Declaration Regarding feasibility of site readiness

(To be submitted in Letter Head)

To Head (Purchase) KELTRON Equipment Complex Karakulam, Thiruvananthapuram 695564 Kerala.

Tender No: Sir,

We declare that we have completed evaluation of the site identified by the agreement authority and have carefully gone through drawing, site plan and approach roads for transporting the equipment. I further certify that I am competent officer in my company to make this declaration.

Yours faithfully,

Signature of the Bidder Name : Designation :