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By Regd Post: APTRANSCO GST No.37AABCT0088P1ZU

TRANSMISSION CORPORATION OF ANDHRA PRADESH LIMITED

From To
The Chief Engineer, M/s ABB India Ltd,
Transmission, APTRANSCO, Plot No.5&6, Second Stage,
Vidyut Soudha, Gunadala Peenya Industrial Area IV,
Vijayawada – 520 004. Bengalore-560058.
Ph No.0866-2429230 Mail ID:veerababu.a@in.abb.com
ce.aptransmission@gmail.com

PO.No.: 762/CE/Trans/P&MM/E.12/PMM12-e-12/2021/D.No. 261/2021, Dt: 17.11.2021

Sirs,
Sub : Specification No.PMM12-e-12/2021 - Supply of 33kV Vacuum Circuit
Breakers – Detailed Purchase order - Issued - Reg.

Ref : (1) Specification No.PMM12-e-12/2021.

(2) Your offer dt. 19-07-2021 on e-procurement platform
(3) ABB/ELDS/OPP-21-4694252/APTRANSCO/L004, Dt: 04.10.2021
(4) LOI.No.CE/Trans/P&MM/E.11/PMM12-e-12/2021/D.No.238/2021,
Dt:25.10.2021
(5) LOI Acceptance: ABB/ELDS/OPP-21-4694252/APTRANSCO/L007,
Dt:12.11.2021
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I, acting for and on behalf of and by the order and direction of TRANSMISSION
CORPORATION OF ANDHRA PRADESH LIMITED (herein after called the
‘APTRANSCO’) accept the prices offered by you vide reference 2 nd & 3rd cited for supply of
material detailed in clause (2) below, with the terms and conditions as per the Bid
Specification No.PMM12-e-12/2021 and set out in this order. This purchase order is in
confirmation of Letter of Intent issued vide letter cited under reference (4).

1) SCOPE OF CONTRACT :

The scope of this order covers design, engineering, manufacture, testing before despatch,
transport & delivery F.O.R. destination site/ stores including un-loading of the
equipment/material as detailed in clause (2) below, including supervision of testing and
commissioning complete as per the Bid Specification No.PMM12-e-12/2021 cited at (1) and
this purchase order.
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2) SCHEDULE OF MATERIAL & PRICES:

Supply of 33 kV Vacuum Circuit Breakers with all accessories, auxiliaries including terminal
connectors etc. along with support structures and other material as per the bid specification.
The price break-up details are as below.
(All figures in Indian Rupees)
Sl. 33 kV 2000A Vacuum Circuit Breakers
Description
No
1 Unit Ex-Works 196750.00
2 Packing & Forwarding 0.00
3 Freight 8500.00
4 IGST @18% 36945.00
5 Unit Landed Cost 242195.00
6 Quantity in Nos 100
7 Total Price 24219500.00
(Rupees Two Crore Forty Two Lakh Nineteen Thousand and Five Hundred Only)

b) The prices accepted are FIRM and FOR delivery destination site/stores anywhere in
Andhra Pradesh and inclusive of all charges such as packing & forwarding, handling,
unloading at site and other incidentals.

c) The dispatch of the material/ equipment is by road only. The insurance of material/
equipment shall cover all risks including but not limited to transportation, delivery and
also storage for 45 days at destination stores/site.

d) APTRANSCO shall have the right to vary the ordered quantity by ± 50% at any time
during the execution of the order.

e) The Guaranteed & other Technical Particulars of equipment/ material shall be as per the
GTP approved separately.

3) TAXES & DUTIES:

The prices indicated in clause-(2) are with present rate of taxes & duties i.e. IGST @18% on
Ex-works price and all incidental charges as applicable as per the rules in vogue.
B) GOODS & SERVICES TAX (GST) : The Goods & services tax (GST) is payable on Ex-
Works, packing & Forwarding and Freight. Necessary details will be furnished by the
consignee at the time of supply on demand.
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4) STATUTORY VARIATIONS : Any variation up or down in statutory levy or new levies

introduced after ‘Tender calling date’ under the specification will be to the account of
APTRANSCO, within the scheduled delivery period as per the contract on production of
documentary evidence. In case Where delivery schedule is not adhered to by the supplier and
there are upward variation/ revision after the agreed delivery date, the supplier will bear the
impact of such levies and if there is downward variation / revision, the APTRANSCO will be
given credit to that extent.

5) INSURANCE :

The Materials / equipment under the Contract will be fully insured against loss or Damage
incidental to manufacture or acquisition, transportation & delivery and also for further period
of 45 days towards storage from the date of receipt of material/ equipment at site/ stores. It is
entirely your responsibility for arranging the insurance through your underwriters. The
damages and shortages will be intimated to you as stipulated, and you shall arrange for
replacement/repairs immediately without awaiting settlement from insurance authorities.

(6) DELIVERY : To supply 30 sets within four months from the date of LOI and complete
balance @ 30 Sets every month thereafter.

7) (A) PERFORMANCE SECURITY:

a) Within thirty (30) days of receipt of notification of contract award, the successful Bidder will
furnish to the Purchaser the performance security for an amount 10% of the contract value for
proper fulfillment of the contract, which will include the warranty period, and completion of
performance obligations including Warranty obligations. The Performance Security will cover
60 days beyond the date of completion of performance obligations including Warranty
obligations.
Note: For late submission of Performance Security, 0.1% (on total ECV) per week penalty will be
levied and would be adjusted against subsequent pending bills.

b) The bank guarantee for performance security should be extended/ amended suitably, if
required.
c) In the event of any correction of defects or replacement of defective material during the
warranty period, the warranty for the corrected/replaced material will be extended to a further
period of 12 months and the Performance Bank Guarantee for proportionate value will be
extended 60 days over and above the extended warranty period.
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d) It is entirely your responsibility to extend the validity of this Bank Guarantee to cover the
period of Guarantee well before its expiry.
e) The proceeds of the performance security will be payable to the Purchaser as compensation for
any loss resulting from the Supplier's failure to complete its obligations under the Contract.
B. ADDITIONAL SECURITY DEPOSIT:
If the rate quoted by the bidder less than 10% of the APTRANSCO’s total estimated cost will be
considered as abnormally low rate. In the case of abnormally low quoted rates i.e. less than 10%
additional security deposit (ASD) to be paid for the less percentage below 10% i.e. if the bidder
quotes 20% below the total estimated cost then he has to pay ASD equivalent to 10% of the total
estimated cost.
The Additional security may be made by Demand Draft on Nationalized/ State Bank of India
payable at Vijayawada in favor of Pay officer, APTRANSCO, Vijayawada or by way of Bank
Guarantee from a Nationalized/ State Bank of India in favour of tender inviting authority covering
a period of 2 months over and above the completion of material supply.
8) PAYMENT:
a) 100% payment will be arranged through PFC/REC/Banks/APTRANSCO funds within 45 days
reckoned from the check-measurement date in Form-13. However payment in advance may be
considered by APTRANSCO after availing a rebate/ discount @ 0.3% per week or part thereof for
the advancement depending on the availability of funds. No interest will be payable in case
payment is delayed for whatever reason.

b) For payment through Real Time Gross Settlement (RTGS) the details of Bank Account of
M/s.ABB India Ltd., Bangalore are as below.

i) Name of the Bank : Deutsche Bank AG,

ii) Branch Address : # 26-27, Raheja Towers, M.G.Road, Bangalore-560 001
iii) Branch Code : 0002
iv) City : Bangalore
v) Account No. : 2000149000
vi) MICR Code : 560200002
vii) IFSC Code : DEUT0797BGL

c) The Bank charges will be made to the account of M/s. ABB India Ltd., Bangalore, an amount
of Rs.50/-(Rupees Fifty only) will be recovered from the bill amount per each Disbursement on
LOA raised by paying unit officers.
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d) The 100% payment mentioned above is subject to submission of performance security by the
supplier as stipulated in this order.

e) The supplier should invariably submit test certificates and other documents, the purchaser
specifies before dispatch is made so that they can be checked and approved well in advance.

f) If the supplier has received any over payments by mistake or if any amounts are due to the
APTRANSCO due to any other reason, when it is not possible to recover such amounts under
the contract resulting out of this specification, APTRANSCO reserves the right to collect the
same from any other amount due to the supplier and / or Bank Guarantees given by the
company due to or with APTRANSCO.

g) When the supplier does not at any time, fulfill his obligations in replacing/ rectifying etc. the
damaged/ defective materials in part or whole promptly to the satisfaction of the
APTRANSCO Officers, APTRANSCO reserves the right not to accept the bills against
subsequent dispatches made by the supplier and only the supplier will be responsible for any
demurrages, wharfages or damage occurring to the consignments so dispatched

h) Any incidental charges such as stamp duty, bank charges etc, shall be to the Supplier’s account
and any charges in relation there to shall not be included in the bills submitted to
APTRANSCO's Paying Officer through Banks.

i) The payment will be made to the supplier under this contract in Indian Rupees only.

9) PENALTY FOR LATE DELIVERY:

a) The delivery period as per agreed delivery schedule shall be deemed to be the essence of the
contract. In case of delay in delivery of materials and erection beyond the agreed delivery
schedule or to perform the services within the period specified in the contract whatever be the
reason the APTRANSCO may at its option, demand and recover from the supplier from the
contract price, as liquidated damages, a sum equivalent to 0.5% per week on the undelivered
portion subject to a maximum of 5% of total value of the contract.

b) For penalty, the number of days of delay would be rounded off to the nearest week and interest
Calculated accordingly.
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c) Material/ equipment which is not of acceptable quality (or) not confirming to specification
would be deemed to be not delivered.

d) The penalty specified will be levied and would be adjusted against subsequent pending bills.

e) The date of receipt of material/ equipment at the destination site/ stores in good condition i.e.
check Measurement date in Form-13, will be reckoned as date of delivery.

10) RESPONSIBILITY OF THE SUPPLIER FOR LOSS/DAMAGE

a) The supplier is responsible for the safe delivery of the goods in good condition at the
destination. He should acquaint himself of the conditions required for handling and transport
of the goods to destination and shall include and provide for security and protective packing of
the goods so as to avoid damage in transit.

b) Any damages, defects, shortages etc. will be intimated by the Purchaser in writing. "Upon
receipt of such notice, the Supplier will within 30 days repair or replace the defective
Materials/ equipment or parts thereof, free of cost at the ultimate destination. The supplier will
take over the replaced parts/ material/ equipment at the time of their replacement. No claim
whatsoever will lie on the Purchaser for the replaced parts/ Materials/ equipment thereafter".

If the Supplier, having been notified, fails to remedy the defect(s) within the above period, the
Purchaser may proceed to take such remedial action as may be necessary, at the Supplier's risk
and expense duly deducting the expenditure from subsequent bills/ Bank Guarantee and
without prejudice to any other rights which the Purchaser may have against the Supplier under
the Contract.

c) For the purpose of any legal contusion, the material shall be deemed to pass into
APTRANSCO's ownership only at the final destination where they are delivered and
accepted.

11) FORCE MAJEURE :

a) The Supplier will not be liable for forfeiture of its performance security, penalty for late
delivery or termination for default if and to the extent that it’s delay in performance or other
failure to perform its Obligations under the Contract is the result of an event of Force Majeure.
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b) For the purpose of this clause ‘Force Majeure’ means an event beyond the control of the
Supplier and not involving the Suppliers’ fault or negligence and not foreseeable. Such events
may include, but are not restricted to, wars or revolutions, fires, floods, epidemics, quarantine
restrictions and freight embargoes.

c) If the Force Majeure situation arises, the supplier will promptly notify the Purchaser in writing
of such condition and the cause thereof. Unless otherwise directed by the Purchaser in writing,
the Supplier will continue to perform its obligations under the Contract as far as is reasonably
practice, and will seek all reasonable alternative means for performance not prevented by the
Force Majeure event.

12) TERMINATION FOR DEFAULT :

a) The Purchaser without prejudice to any other remedy for breach of Contract, by written notices
of default sent to the Supplier, may terminate this Contract in whole or part:

i) If the Supplier fails to deliver any or all of the Materials/equipment and its Erection within the
period(s) specified in the Contract, or within any extension thereof granted by the Purchaser.

ii) If the Supplier fails to perform any other obligation(s) under the Contract.

iii) If the Supplier, in the judgment of the Purchaser has engaged in corrupt or fraudulent practices
in Competing for or in executing the Contract.

b) 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, Materials/equipment or
services similar to those undelivered and the Supplier will be liable to the Purchaser for any
excess costs for such similar Materials/equipment or Services. However, the Supplier will
continue performance of the Contract to the extent not terminated.

13) WARRANTY :

The equipment/ material shall be guaranteed for satisfactory performance for a period of
18 months from the date of receipt of material/equipment at destination site/ TLC stores in
good condition against defects proved to be due to faulty design of material/ workmanship. If
during this period, any of the material is found defective they shall be repaired or replaced by
you free of all costs to the APTRANSCO. To and fro freight charges shall however be to your
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account only. In the event of any correction of defects or replacement of defective material
during the warranty period, the warranty for the corrected/replaced material will be extended
to a further period of 12 months.

14) GENERAL CONDITIONS OF CONTRACT :

Except in so far as it is provided otherwise in this contract, you shall abide by the terms and
conditions appended to the specification. Except as specifically accepted in this order, the
terms and conditions mentioned in your quotation under reference are not accepted.
15) DESIGN & DRAWINGS :

The supplier shall design the equipment/ material under the scope of this purchase order and
obtain approval of all the design drawings duly indicating all the required bill of material
(BOM). Approval by APTRANSCO to the supplier’s drawings shall not relieve the supplier
of his responsibility for correctness thereof or from results arising out of error or omission
therein or from any obligation or liability under the contract. Any supplementary drawings
necessary to permit the complete design of the installation prior to receiving the material/
equipment shall also be supplied, along with a soft copy. One set of drawings and instruction
manuals shall be sent along with each material/ equipment at the time of dispatch. Copies of
the approved drawings and manuals shall also be sent to other offices as indicated below.
One (1) set of approved drawings per consignee
Two (2) sets to the concerned Executive Engineer

16) MATERIAL & WORKMANSHIP:

All the materials shall be of the best class and shall be capable of satisfactory operation in the
tropics under service conditions without distortion or deterioration. No welding or facilling or
plugging of defective parts shall be permitted, unless otherwise specified they shall conform
to the requirement of the appropriate Indian, British or American standards (where a standard
specification covering the material in question has not been published the standards of the
American society for testing of materials should be followed).
17) TESTS & TEST CERTIFICATES :

After completion of manufacture of the equipment/ material, all routine tests shall be
conducted in accordance with relevant ISS/ IEC standards and specifications. You shall
intimate this office in advance, as to the date when you propose to conduct the acceptance
tests for deputing APTRANSCO’s representative to witness the tests. Three copies of the test
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certificates containing the results of all the tests carried out shall be furnished for approval.
The test certificates shall be submitted immediately after the tests are conducted and got
approved before the material is dispatched.
18) INSPECTION:

The accredited representative of the APTRANSCO shall have access to your works/ sub-
vendor/ subcontractor’s works at any time during the working hours for the purpose of
inspecting the materials during the manufacture of the material/ equipment and for testing
any selected samples from the material/ equipment going into the product. You shall, on such
occasion provide proper and adequate facilities. Adequate notice of 15 days shall be given for
deputing the departmental representative for witnessing the tests on the material/ equipment.
The material/ equipment should not be dispatched without final inspection of the tests or
specific waiver thereof from this office.
19) DESPATCH INSTRUCTIONS:

The dispatch instructions for the material/ equipment will be furnished separately. The prices
indicated in clause (2) of this order shall remain unaltered whatever be the destination.

20) PACKING:

a) Each of the material/ equipment shall be securely packed separately in such a manner as to
withstand rough handling during rail and road transit up to site and as per latest
IS/BSS/IEC.

b) All the material shall be securely packed in such a manner as to withstand rough handling
during road transit up to destination site and as per latest IS Specification.

21) RISK:
The risk in the property is entirely yours till the goods are received in good condition at the
destination.

22) GUARANTEE FOR VACUUM BOTTLE/ INTERRUPTER :

The bidder should give a special guarantee for vacuum bottle/ interrupter for 5 years from the
date of supply or commissioning whichever is later. Free replacement shall be arranged
immediately, if fails during five years period.
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23) INTERCHANGEABILITY:

All similar equipment and removable parts of similar equipment shall be interchangeable
with each other

24) COMPLETENESS OF CONTRACT:

All minor accessories that are normally necessary for satisfactory and efficient operation of
the material/ equipment shall be supplied by you free of cost to the APTRANSCO whether
these are specifically mentioned or not and the material/ equipment shall be complete in
itself.
25) SPARES:

You shall supply any spares required for the equipment that will be supplied under this order,
whenever called upon to do so at fair prices and at the APTRANSCO’s standard terms of
payment within a period not exceeding the deliveries accepted therein.

26) PROGRESS REPORTS:

You shall furnish the program of works and progress reports on the manufacture of material/
equipment to this office every week, in triplicate till the supplies are completed.

27) ERECTION, OPERATION & MAINTENANCE MANUALS:

Six sets of erection, operation and maintenance manuals along with soft copy shall be
supplied giving detailed instructions with illustrations to this office and one set along with the
equipment to the Consignee. They shall contain clear recommended schedule of maintenance
for the guidance of the operating staff. Any items requiring the special attention of the
operation engineer should be highlighted.

28) INCIDENTAL SERVICES:

You may be required to provide any of the incidental services free of cost as per the bid
specification, such as performance or supervision of on-site assembly and/or start-up of the
supplied Materials/ equipment if required.
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29) CORRESPONDENCE:

a) Your acknowledgement of this order and all correspondence of general or technical nature
shall be addressed to the Chief Engineer/ Transmission, APTRANSCO, Vidyut Soudha,
Vijayawada - 520 004.

b) All correspondence regarding dispatches, payments and any other field matters shall be
addressed to the concerned paying officer. Copies of such correspondence shall be marked to
the concerned Superintending Engineer and to the Chief Engineer/ Transmission,
APTRANSCO, Vidyut Soudha, Vijayawada - 520004. Copies of the correspondence
regarding payments should also be marked to the FA & CCA/ Accounts, APTRANSCO,
Vidyut Soudha, Vijayawada - 52000 4.

30) JURISDICTION :
All and any disputes or differences arising out of or touching this order shall be decided
only by courts or tribunals situated in Vijayawada only. No suit or other legal proceedings
shall be instituted elsewhere.

31) ACKNOWLEDGEMENT :

Please acknowledge the receipt of this purchase order with your confirmation of its
acceptance by you and the extra copy enclosed may please be returned with your signature in
token of your acceptance.

Yours faithfully,
Sd/-
CHIEF ENGIINEER/TRANSMISSION
(Acting for and on behalf of APTRANSCO)

We accept the Terms & Conditions stipulated in this Purchase order.

Signature of the Contractor with seal and date

Copy to :
The Chief Engineer/Zone/ Visakhapatnam, Vijayawada, Kadapa.
The FA&CCA (Accounts)/APTRANSCO/Vidyut Soudha/ Vijayawada.
The Superintending Engineer/OMC, APTRANSCO, Vijayawada, Ongole, Visakhapatnam,
Rajahmundry.
The Superintending Engineer/O&M/ APTRANSCO, Kadapa, Kurnool.
The SAO/ Pay & Accounts, APTRANSCO, Vidyut Soudha, Vijayawada
DEE/TLC Stores, APTRANSCO, Gunadala, Gajuwaka, Bommuru, Kadapa, Kurnool, Ongole.