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HARYANA VIDYUT PRASARAN NIGAM

LIMITED

BIDDING DOCUMENT NO. REC-206

FOR
Creation of 132kV D/C composite line
from 132kV S/Stn. Badli to proposed
132kV S/Stn. GIS Badsa (AIIMS)

COMMERCIAL DOCUMENT
VOL-I

Chief Engineer (MM),


Haryana Vidyut Prasaran Nigam Limited,
Shakti Bhawan, Sector-6,
Panchkula -134113
Phone: 0172- 2583724, 2583727
TELEFAX: 0172-2583724

September 2017

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SECTION I

NOTICE INVITING E-
TENDER

(NIT)

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HARYANA VIDYUT PRASARAN NIGAM LTD.

Notice Inviting E-Tender No.891 Date:13.09.2017

E-tenders in two parts as per qualifying criteria specified in ITB of tender


document are invited by the Chief Engineer/MM, Shakti Bhawan (Basement),
(Tel/Fax. No: 0172-2583724, Ph. No. 2583727/ 2583540) Sector-6, HVPNL,
Panchkula for construction of following work on Turn- Key basis in the State of
Haryana:-
E- Description of Bid Due date of Amount of EMD to be
Tender material submission opening of submitted through Bank
Enquiry closing date E-Tenders at Guarantee/ Crossed Bank
No. up to 1700 1500 hrs. Draft/ cheque certified by a
hrs. Banker as per conditions
mentioned in the clause
no. 15.0 of bidding
document ( ITB)
(Rs)
REC- Creation of 132kV 23.10.2017 24.10.2017 20.90 lacs
206 D/C composite line
from 132kV S/Stn.
Badli to proposed
132kV S/Stn. GIS
Badsa (AIIMS)

Document and e-service charges of Rs. 11000/- (10,000 cost of tender document
+ 1000/- e-service charges) are to be paid online through e-procurement portal
https://haryanaeprocurement.gov.in

For any clarification regarding Bid preparation and Bid submission, please contact :-
M/s Nextender (India) Pvt. Ltd O/o DS&D Haryana,SCO-09,IInd Floor,sector-16
Panchkula-1347108.
E-Mail chandigarh@nextenders.com Help Desk:1800-180-2097 Toll Free Number)

The NIT can also be viewed on HVPNLs website www.hvpn.org.in and e-


procurement portal https://haryanaeprocurement.gov.in

Superintending Engineer/MM-I
for CE/MM, HVPNL, Panchkula.

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SECTION II
INSTRUCTIONS

TO

BIDDERS
(ITB)

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INSTRUCTION TO BIDDERS

CONTENTS
Sr. No. DESCRIPTION

1.0. Scope of bid

2.0. Qualifying requirements for bidders

3.0. Cost of bidding

4.0. One bid per bidder

5.0. Contents of Bid documents

6.0. Clarifications on Bid Documents

7.0. Amendment to Bidding Documents

8.0. Language of Bid

9.0. Local conditions

10.0. Documents comprising the Bid

11.0. Contract quality assurance

12.0. Bid Price

13.0. Bid validity

14.0. Taxes and Duties

15.0. Bid Security

16.0. Format of Bid

17.0. Signature of Bids

18.0. Sealing and marking of Bids

19.0. Deadline for submission of Bids

20.0. Late Bids

21.0. Modification and withdrawal of Bids

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Sr. No. DESCRIPTION

22.0. Information required with the proposal

23.0. Opening of Bids by owner

24.0. Clarification of Bids

25.0. Examination of Bids.

26.0. Definition and meanings

27.0. Comparison of Bids

28.0. Contacting the owner

29.0. Award criteria

30.0. Owners right to accept any bid and to reject any or all Bids

31.0. Letter of award

32.0. Signing of contract

33.0. Contract performance guarantee

34.0. Quantity variation

35.0. Site Visit

36.0. Electrical contractors License

37.0. Deviations

38.0. Inclusion / addition of new works

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SECTION II
ITB (Instruction to Bidders)
INTRODUCTION
1.0 SCOPE OF BID: -
1.1 Chief Engineer(MM), Haryana Vidyut Prasaran Nigam Limited, Shakti Bhawan,
Sector-6, Panchkula (Haryana) hereinafter called HVPN/ Owner/ the Employer
wishes to invite online Bids for creation of 132kV D/C composite line from 132kV
S/Stn. Badli to proposed 132kV S/Stn. GIS Badsa (AIIMS) as work contract on
Supply-cum-Erection Basis as per the details given below hereinafter referred to
as "Works":-
Sr. Line Name Length of Completion
No. line (in schedule
km.)
i. Creation of 132kV D/C composite line from 132kV S/Stn. Tower 15 months
Badli to proposed 132kV S/Stn. GIS Badsa (AIIMS) portion =8.5
Creation of 132kV D/C composite line from 132kV S/Stn. km and
Badli to proposed 132kV S/Stn. GIS Badsa (AIIMS) on cable
D/C tower with 0.4sq ACSR conductor/XLPE cable of portion=550
capacity equivalent 0.4sq ACSR conductor as a deposit mtr.
work of AIIMS. (Tower + cable portion)
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1.2 The detailed scope of works has been described in detail in Section-V Technical
Specification Vol.-II of bidding documents.
1.3 WORK SCHEDULE
1.3.1 The successful Bidder immediately after award of contract is required to start
the work of route survey and route alignment of 132 kV transmission lines at
sites. At the same time stub sets, Form Boxes, Sag Templates etc. in sufficient
quantity will also be arranged. It is expected that the Contractor will commence
the construction activity at sites within 1 month from the date of award of
contract and the Equipment will start arriving at sites within 2 months after the
date of award of contract.
The bidder shall include in his proposal his Programme for Plannings,
optimisation of Gantry locations and erecting the Gantries covered in this
Specification. The Programme shall be in the form of a master network
illustrating all necessary activities identifying key phases in various areas of the
total work like design, procurement, manufacture and field activity such that the
132 kV transmission lines under the scope are commissioned within period
mentioned in scope of bid (clause 1.1) from the date of signing of contract
(i.e.15 months as indicated). The contract agreement will be signed within 30
days of issue of Letter of Award (LOA). In case, there is delay in signing of
contract, the contractual completion period will be counted from the 30th day of
issue of letter of award, irrespective of the reason of delay in signing of the

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contract. Offers which do not confirm to the requirements of the above time
schedule are liable to be rejected.

2.0 QUALIFYING REQUIREMENTS FOR BIDDERS


2.1
A. a. Qualification Requirements as Prime EPC Contractor/ Tower
manufacturer:-

i. The bidder shall be financially sound and must not be anticipating any
ownership change during the period from Bid submission to Two years after
commercial operation defined as successful completion of commissioning
of the transmission lines and acceptance by the employer.
ii. The bidder shall have adequate design, infrastructure and erection facilities
and capacities and procedures including quality control.
iii. The bidder as prime contractor should have surveyed, optimized tower
locations and based thereon erected and strung not less than 15 kms route
length of 132 kV class or higher rating transmission lines on turnkey basis
which shall include complete supply of material by the bidder within the last
7 years reckoned from the date of Bid opening. Further these lines should
be in successful operation for atleast 12 month as on date of bid opening.
However, in case of supply of either towers or ACSR conductor with disc
insulators by the utility, the line constructed by the bidder including the
supply of all other material will also be considered as qualifying

Or

A manufacturer of tower material who is registered with HVPNL can


participate in tender provided, the bidder as prime contractor should have
the sub-contractor who has surveyed, optimised tower locations and based
thereon erected and strung not less than 15 kms route length of 132 kV
class or higher rating transmission lines which shall include erection,
testing & commissioning work within the last 7 years reckoned from the
date of Bid opening. Further these lines should be in successful operation
for atleast 12 month as on date of bid opening.

b) The bidder as prime contractor should have the sub-contractor who has
surveyed, optimised and based thereon laid not less than 10kms route
length of 66kV class or 20kms route length of 33kV class XLPE Cable
erection, testing & commissioning work within the last 5 years reckoned from
the date of Bid opening. Further, these cables/ lines should be in successful
operation for atleast 12 month as on date of bid opening.

(c) Eligibility criteria of civil subcontractor.


1. If the firm wishes to engage the civil subcontractor, then the firm
should submit the name of civil subcontractors within two months of
signing of LOI.
2. The prequalification of civil subcontractor is as under:-
a) Subcontractor should have executed at least two works above Rs.
50.00 Lacs in last three years. The subcontractor should also have
satisfactory performance report for the said works in the last three
year issued by an officer of Executive Engineer or above rank from

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Govt./Semi-Govt. Department viz. PWD/CPWD /MES, Govt.
undertaking/ corporation etc. or from any EPC firm having
annualised average turnover of more than Rs. 50.00 Crores per
year for last three financial year.
b) Subcontractor should have a bank credit limit facility of minimum
Rs. 25.00 Lacs in shape of CC limit.
Subcontractor should give a self-certificate that he is having all survey
instruments, testing laboratory apparatus such as sieve analysis, cube test
machine, DBD test apparatus, slump cone apparatus and PH meter.
OR

B. Qualification Requirements for bidder as Manufacturer of Cable:-


a)
i. The bidder shall be financially sound and must not be anticipating any
ownership change during the period from Bid submission to Two years after
commercial operation defined as successful completion of commissioning of the
transmission lines and acceptance by the employer.
ii. The bidder shall have adequate design, infrastructure and erection facilities and
capacities and procedure including quality control.
iii. A manufacturer of 33 kV or of higher voltage rating XLPE cable. He must have
designed, manufactured; type tested and supplied 20 kms of 33 kV voltage
rating XLPE cable or 10 kms of 66 kV or higher voltage rating XLPE cable. At
least, 20Kms of 33kV voltage rating XLPE cable or 10 kms of 66 kV or higher
voltage rating XLPE cable supplied by the bidder should be in successful
operation at least for a period of one year as on the date of bid opening.
or
A manufacturer of 33kV or of higher voltage rating XLPE cable, who have
manufacturing unit in India and is part of parent company or in collaboration with
other company, located elsewhere, and the above qualifying criteria is being
met by its parent company or collaborating firm shall be treated as qualified.
or
The bidder should have surveyed, optimised and based thereon laid not less
than 10kms route length of 66kV class or 20kms route length of 33kV class
XLPE Cable on turnkey basis which shall include complete supply of material
by the bidder within the last 5 years reckoned from the date of Bid opening.

b) The bidder as prime contractor should have the sub-contractor who has surveyed,
optimised tower locations and based thereon erected and strung not less than 15
kms route length of 132 kV class or higher rating transmission lines which shall
include erection, testing & commissioning work within the last 7 years reckoned
from the date of Bid opening. Further these lines should be in successful operation
for atleast 12 month as on date of bid opening.
(c) Eligibility criteria of civil subcontractor.
1. If the firm wishes to engage the civil subcontractor, then the firm should
submit the name of civil subcontractors within two months of signing of
LOI.
2. The prequalification of civil subcontractor is as under:-

a) Subcontractor should have executed at least two works above Rs.


50.00 Lacs in last three years. The subcontractor should also have
satisfactory performance report for the said works in the last three
year issued by an officer of Executive Engineer or above rank from
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Govt./Semi-Govt. Department viz. PWD/CPWD /MES, Govt.
undertaking/ corporation etc. or from any EPC firm having
annualised average turnover of more than Rs. 50.00 Crores per
year for last three financial year.

b) Subcontractor should have a bank credit limit facility of minimum


Rs. 25.00 Lacs in shape of CC limit.

Subcontractor should give a self-certificate that he is having all survey


instruments, testing laboratory apparatus such as sieve analysis, cube test
machine, DBD test apparatus, slump cone apparatus and PH meter.
NOTE: The bidders shall be considered as qualifying if they meet either
one of the criterion A or B.
2.1(C) Qualification Criteria for bidders who have executed projects under Public
Private Partnership Mode/ Tariff Based Competitive Bidding: -
In addition to the QR for bidders as specified in Clause 2.0 of ITB (for EPC
Contractor/ Manufacturer), the bidders who have executed a
substation/Transmission Line in Public Private Partnership model (PPP
Mode)/Tariff based Competitive Bidding, shall also be eligible provided they
meet the QR as specified for EPC contractor in all sub clauses of ITB 2.0.
The bidder shall furnish operation/ performance certificate of the project
executed under PPP/ TBCB from Utility/Employer or from the concerned Govt.
agency etc. or self-certification in the form of affidavit of successful operation
which shall be considered valid for such bidders.

2.2 Equipment Qualification Requirement:-


The registered vendors of HVPNL as on date of floating of tender shall be
eligible to supply the material for turnkey contracts.
The vendor registered with HVPNL for major items as on date of floatation of
tender is as under:-
Sr. Description of Material Name of the vendor registered with HVPNL
No.
1 Tower & Structure M/s Shreem/ M/s NEXO Industries/ M/s RS
Infraprojects/ M/s Kora Industries/ M/s AK
Power/ M/s ASP Pvt. Ltd./ M/s Nishant Steel
Industries / M/s Goodluck Steel Tubes
Ltd./M/s Absolute Projects(India) Ltd./ M/s NL
Engineering / M/s GS Castings/ M/s Udehra
Fasteners Ltd./ M/s Nandan Steels and Power
Ltd.
2 Hardware fittings M/s Transmission Line Products/ M/s Aumni
Transmission Industry Pvt. Ltd./ M/s
Mosdorfer India Pvt. Ltd./ M/s IAC Electrical
Pvt. Ltd./M/s AK Power Industries Pvt. Ltd.
/M/s Rajasthan Transmat Pvt. Ltd./ M/s Legion
Energy/ M/s Krsna Transmission hardware
Mfg. Pvt. Ltd./M/s Honeywell
Transmission/M/s Swamiji Pvt. Ltd.
3 Conductor M/s Gupta Power Infrastructure Ltd./M/s Apar
Industries Ltd./ M/s UIC Udyog Ltd. / M/s
Himachal Wires Industries Pvt. Ltd./ M/s
Shashi Cables Ltd./M/s Nirmal Wire (P) Ltd.

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4 Polymer Insulator M/s Phoenix Electrical Insulating Materials C.
Pvt. Ltd./ M/s Spark Insulators Pvt. Ltd./ M/s
BHEL/ M/s Deccan Enterprises Ltd./ M/s
Yamuna Power and Infrastructure Ltd./ M/s
Shree Radhe Industries/ M/s Goldstone
Infratech Ltd./M/s GK Xianghe Electricals Pvt.
Ltd.
As per the details available with this office, the detailed list of registered
vendors of HVPNL for supply of equipments are enclosed as annexure-B.
The contractor shall have the option to propose additional vendors in the bid,
meeting the qualification requirement specified in vendor registration policy
available on HVPN website i.e. www.hvpn.gov.in or the same can be collected
by hand from the office of Chief Engineer/MM HVPNL Panchkula. The add on
vendors shall be governed as per Vendor Change Policy (Annexure-A of
ITB) unless they get themselves registered before supply of material as
per registration policy of HVPNL to come at par with registered vendors.
EPC contractor shall be entirely responsible for any delay on this
account.
For petty items not covered in the vendor registration list, the contractor may
propose any vendor during the execution of the contract; meeting the
qualification criteria as the firm should have manufactured/supplied 50% of
the material in any one year during last five years to any power utility in the
country and out of which 20% should be in successful operation for atleast last
two year.
2.3 FINANCIAL CRITERIA:
a. The bidder should have average annual turnover for the best three years out of
last 5 years of the company of atleast Rs. 6.27 crore. However, the minimum
turnover in each year during last 5 years should be Rs. 4.18 crore.
b. As per last audited Annual Accounts of the bidder, the net worth of the bidder
should be of Rs.2.61 crore evaluated as per form Fin-I which must be filled in
this respect. The bidder should have current assets more than current liability
i.e. current assets / current liability >1 (as per Fin-I) in any one of the last three
financial years.(FIN-I enclosed as Annexure-A).
c. The bidder shall demonstrate the fund based bank credit limits equivalent to
Rs.2.09 crore plus 20% of the Current commitments of the bidder. For this
purpose, the limits to be taken in account are given in Form Fin-2(enclosed as
Annexure-B) which must be filled in this respect. The bidder shall declare the
amounts of its current commitments (value of un-executed projects) on the date
not later than one month prior to of bid submission. The bidder shall
produce a certificate from statutory Auditor (in case of companies) or a
chartered Accountant (in case of firms/sole proprietors) certifying the value of
its unexecuted contracts. Form Fin-3 (enclosed as Annexure-C) must be filled
in this respect.
d. The bidder will indicate financial position i.e. over draft limit, CC limit on a date
not earlier than one month prior to last date of submission of bid as per
Form Fin-II (supported by bank certificate and current commitments as per Form
Fin-III (certified by CA) shall also be uploaded clearly indicating Financial Status
in the Technical template on the e-procurement portal.

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e. The successful bidder will submit the bankers certificate stating that Rs.1.05
crore as working capital will be kept reserve by the bank to be solely utilized
for this project.
2.4 Personnel Capability:
The Bidder should have a project manager with 15 years experience in
execution of such contracts of comparable nature including not less than 5 years
as manager.

2.5 Bids may be submitted by individual firms or joint ventures or one of the
following:-
a) A single firm that meets all the qualification requirements set forth in para 2.0
to 2.4 above.
1. A joint venture of firms having one partner as lead partner who shall meet
all the qualification requirements set forth in para 2.1, 2.2 & 2.4 above.
Regarding financial criteria, the figures for each of the partner of the joint
venture shall be added together to determine the bidders compliance with
the minimum qualification criteria set out in para 2.3 above.
2. Any partner may be nominated and authorized by the JV to raise bills
/ invoice and receive payments. An undertaking shall be furnished by
bidder on NJSP of Rs.100/- regarding nomination/ authorization for
commercial transaction as well as the undertaking that no law of land
is violated. This undertaking shall be furnished at the time of bid
submission.
2.6 Weightage in case of Joint Venture: While evaluating the experience of prime
contractor, the weightage of project execution shall be taken as under:-
i. 100% weightage to Lead Partner.
ii. Weightage to other partner shall be on the basis of certificated received
from the concerned utility.
2.7 Public sector undertakings:-
a) Majority Publicly owned enterprises domiciled in India may be eligible to
qualify if, in addition to meeting all the above requirements, they also
b) Are commercially oriented legal entities distinct from the purchaser and
are not a Govt. Dept.
c) Are financially autonomous, as demonstrated by requirements in their
constitutions to provide separate audited accounts and return on capital
powers to raise loans and obtain revenues through the sales of goods
or services and
d) Are managerially autonomous.
2.8 To be qualified for award, bidders shall provide evidence satisfactory to
the employer of their capability and adequacy of resources to carry out
the contract effectively. Bids shall include the following information :
a) Copies of original documents defining the constitution or legal status,
place of registration and principal place of business, written power of
attorney of the signatory of the bid to commit the bidder.

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b) Proof of total annual turnover of Turnkey Contracts & supply of material
& equipment of similar nature over the last 5 years.
c) List of Turnkey Contracts executed as Prime contractor of similar nature
over the last 5 years and details of other works in hand and contractual
commitments. The performance certificates issued by the Utilities may
also be attached.
d) Description of the plant and Machinery, Vehicles, Surveying & testing
instruments available for executing the contract.
e) The qualification and experience of key personnel proposed to be
employed for executing the contract.
f) Reports on the financial standing of the bidder including profit and loss
statements, balance sheets and auditors reports of the past 5 years and
an estimated financial projection for the next two years.
g) Evidence of access to lines of credit and availability of other financial
resources.
h) Authority to seek reference from the Bidders banks.
i) Information regarding any current litigation in which the bidder is
involved, the parties concerned and disputed amount.
Proposal of manufacturing methods and schedules in sufficient details to
demonstrate the adequacy of the bidders proposals to meet the technical
specification and the completion schedule.

2.9 Bids submitted by a joint venture of firms as partners shall comply with following
requirements:
a) The bid shall include all the information listed in sub clause 2.8 (a) to (i)
above for each joint venture partner.
b) The bid and the form of agreement in case of successful bid shall be
signed so as to be legally binding on all partners.
c) One of the partners shall be nominated as lead partner, and this
authorization shall be evidenced by submitting a power of attorney
signed by legally authorized signatories of all the partners.
d) The lead partner shall be authorized to incur liabilities and receive
instructions for and on behalf of any and all partners of the joint venture
and the entire execution of the contract including payment shall be done
exclusively with the lead partner as per Performa enclosed in section
IV.
e) All partners of the joint venture shall be liable jointly and severally for the
execution of the contract in accordance with the contract terms and a
statement to this effect shall be included in the authorization mentioned
under (c) above as well as in the Bid Form and in the Contract Form (in
case of successful bid).
f) A copy of the agreement entered into by the joint venture partners shall
be submitted with the bid.
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Failure to comply with this requirement will result in rejection of the joint
venture's bid. Sub-contractor's experience and resources shall not be taken into
account in determining the bidder's compliance with qualifying criteria.

2.10 The above stated requirements are minimum and the Owner reserves the right
to request for any additional information and also reserve the right to reject the
proposal of any Bidder, if in the opinion of the Owner, the qualification data is
incomplete or the Bidder is found not qualified to satisfactorily perform the
Contract.
3.0 COST OF BIDDING:
3.1 The Bidder shall bear all costs and expenses associated with preparation and
submission of its bid including post bid discussions, technical and other
presentation etc. and the Owner will in no case be responsible or liable for those
costs, regardless of the conduct or outcome of the bidding process.

4.0 ONE BID PER BIDDER


Each bidder shall submit only one bid either by himself, or as a partner in a joint
venture. A bidder who submits or participates in more than one bid will be
disqualified.
5.0 CONTENTS OF BIDDING DOCUMENTS
The bidding documents are those as stated below and should be read in
conjunction with any Addenda issued in according with clause 7. The bidding
document includes following Sections:-
VOLUME-I
Section-I Invitation for bids
Section-II Instructions to Bidders (ITB)
Section-III Conditions of Contract (COC)
Section-IV Sample Forms and Procedures
Section-VI Schedule of Prices
VOLUME-II
Section-V Technical Specification
Drawings (if any)
6.0 CLARIFICATIONS ON BID DOCUMENTS
6.1 If the prospective Bidder finds discrepancies or omissions, in the specifications
and document or is in doubt as to the true meaning of any part, he shall at once
make a request, in writing, for an interpretation/clarifications, to the Owner. The
Owner then will issue interpretations and clarifications as he may think fit in
writing. After receipt of such interpretations and clarifications, the Bidder may
submit his bid but within the time and date as specified in the Invitation to Bid.
All such interpretations and clarifications shall form a part of the Bidding
Document and shall accompany the Bidders proposal. A prospective Bidder
requiring any clarification on Bidding Document may notify the Owner in writing.
The Owner will respond in writing to any request for such clarification of the
Bidding Document, which it receives not later than fifteen (15) days prior to the
deadline for submission of bids prescribed by the Owner.
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6.2 Verbal clarifications and information given by the Owner or his employee(s) or
his representative(s) shall not in any way be binding on the Owner.

7.0 AMENDMENT TO BIDDING DOCUMENT:


7.1 At any time prior to the deadline for submission of bids, the Owner may, for any
reason, whether at its own initiative or in response to a clarification requested
by a prospective Bidder, modify the Bidding Document by amendment(s).
7.2 The amendment will be notified in writing or by telex or cable to all prospective
Bidders which have received the Bidding Document at the address contained in
the letter of request for issue of bidding document from the Bidders. Owner will
bear no responsibility or liability arising out of non-receipt of the same in time or
otherwise.
7.3 In order to afford prospective Bidders reasonable time in which to take the
amendment into account in preparing their bids, the Owner may, at its
discretion, extend the deadline for the submission of bids.
7.4 Such amendments, clarifications, etc. shall be binding on bidders and will be
given due consideration by the Bidders while they submit their bids and
invariably enclose such documents as a part of the bid.
8.0 LANGUAGE OF BID
8.1 The Bid prepared by the Bidder and all correspondence and documents relating
to the bid, exchanged by the Bidder and the Owner, shall be written in the
English language.
9.0 LOCAL CONDITIONS
9.1 It will be imperative on each Bidder to fully inform himself of all local conditions
and factors which may have any effect on the execution of the Contract covered
under these documents and specifications. The Owner shall not entertain any
request for clarifications from the bidders, regarding such local conditions.
9.2 It must be understood and agreed that such factors have properly been
investigated and considered while submitting the proposals. No claim for
financial adjustment to the Contract awarded under these specifications and
documents will be entertained by the Owner. Neither any change in the time
schedule of the Contract nor any financial adjustments arising thereof shall be
permitted by the Owner, which are based on the lack of such clear information
or its effect on the cost of the Works to the Bidder.
10.0 DOCUMENTS COMPRISING THE BID

10.1 The bidder is required to submit the bid online and upload the relevant document
in the following 3 templates (envelopes) on the e-procurement portal:

i) As per PQQ template checklist mentioned in the bidding document.


ii) As per Technical template checklist mentioned in the bidding document.
iii) As per Commercial template checklist (i.e Price schedules 1 & 2) mentioned
in the bidding document.
The Bidder shall confirm and fill the Bid Proposal format and upload the same
in the Commercial checklist template. The price schedules (1 & 2) are to be filled

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online on the Performa furnished in the Bidding Documents (Vol-IB) in the
commercial template.

10.2 The Bidder shall upload documentary evidence in technical template to establish
that the Bidder meets the Qualifications Requirements as detailed in clause 2.0
of the ITB of the bidding document.

10.3 On the due date of opening of the bid mentioned in the NIT, first the PQQ template
would be opened and thereafter technical bid template of only eligible bidders
would be opened on the same day.

The commercial bid template (price schedules 1 to 2) of only those bidders


whose technical bids are found in order would be opened. Date and time for the
commercial template opening would be conveyed after completion of the
evaluation process of the technical template.

10.4 The EMD is to be submitted as per clause 15.0 of ITB.

10.5 In addition the following documents in original has to be submitted along with
original copy of EMD in the Superintendent/Purchase/MM O/o Chief
Engineer/MM, Shakti Bhawan, Sector-6, Panchkula (Pin:134109).
i) The complete annexures i.e. from annexure-I to XIII of Sample forms and
procedures (Section IV) to original including such documents which are
required to be executed on non -judicial stamp paper of requisite value have
to be submitted in a separate envelope.
ii) The constitution or legal status.
iii) The written power of attorney of the signatory of the bid to commit the bidder.
iv) The place of registration and principal place of business.
v) Signature power of attorney for joint venture (in case of joint venture only).
vi) Submitted with a joint venture agreement providing the joint and severe
liability of all partners in the event the contract is awarded to you (in case
of joint venture only).
vii) The letter of authority of seek reference from your banks.
viii) The duly filled original hard copy of complete bidding document which is
uploaded online by you in the PQQ template and technical template.

11.0 CONTRACT QUALITY ASSURANCE


The bidder shall include in his proposal the Quality Assurance Programme
containing the overall quality management and procedures, which he proposes
to follow in the performance of the contract during various phases as detailed in
relevant clauses of the technical specification.
12.0 BID PRICE
12.1 Price quoted for each item in the bid form and schedule of prices shall be reasonable
for each item in the judgment of the employer. Under no circumstances, a manifestly
unbalanced bid be considered.

12.2 The total bid prices are required to be broken down as follows so that subtotals for
supply of materials and services respectively are provided for award of contact:
i. The unit prices for each material (without GST) shall be quoted for all items
whether bought out or self-manufactured. However, the GST shall be payable
at the prevailing rates of works contracts and has been separately indicated in
the price schedule.

16
ii. Erection and civil charges as a unit price (without GST), which include unloading
at the final destinations, insurance, storage, erection, testing and commissioning
including Civil Works shall be quoted for each item. However, the GST shall be
payable at the prevailing rates of works contracts and has been separately
indicated in the price schedule.
iii. Except GST on works contract, all Duties/ Levies/ Taxes/ Cess etc. shall be
included by bidders in the unit price and Employer shall not entertain any claim
on this matter. Therefore, while quoting bid price, the bidders may take in to
consideration the Input Tax Credit (ITC) and any area based tax exemption,
wherever applicable.

12.3 The bidder shall fill in the unit price and total price for all items of goods to be
supplied and services to be rendered described in the schedule of prices,
whether quantities are stated or not. Items against which no unit price is entered
by the bidder will not be paid for by the employer when executed and shall be
deemed to be covered in the prices of other items in the schedule of prices.
12.4 The bidder shall quote supply, erection and civil prices in single schedule
12.5 Prices quoted by the bidder shall be FIRM during the performance of the contract
and shall not be subject to variation on any account except for unit price of ACSR
conductor and towers (including its extension and gantries). The unit price of
conductor shall be variable as per CACMAI circulars with base price 30 days prior
to opening of tenders and applicable rate as on 30 days prior to offer of material
for inspection. The unit price of towers shall be variable as per IEEMA circulars
with base price 30 days prior to opening of tenders and applicable rate as on 30
days prior to offer of material for inspection. The price variation shall be applicable
only during the contractual period as per APPROVED PERT CHART. However, if
the material is supplied after the supply schedule as mentioned in the approved
PERT Chart or after the contractual completion period, the payable price shall be
lower of the prices arrived at after applying IEEMA indices on the required date of
supply of material and the date of actual offer of material. The price variation
formulas for tower and conductor are placed at Annexure -XII
12.6 The prices shall be quoted in Indian Rupees only.
12.7 The contractor will not return the scrap and should take this into consideration
while quoting the price in bid.

13.0 BID VALIDITY


13.1 Bids shall remain valid for 4 months from the date of opening of 1st part
and 3 months from the date of opening of price bid whichever is later.
13.2 In exceptional circumstances, prior to expiry of the original bid validity period,
the employer may request the bidders to extend the period of validity for a
specified additional period. The request and the responses thereto shall be
made in writing or by cable. A bidder may refuse the request without forfeiting
its bid security. A bidder agreeing to the request will not be required or permitted
to modify its bid, but will be required to extend the validity of its bid security for
the period of the extension.
14.0 TAXES AND DUTIES:
14.1 For bought out items as well as self-manufactured items all duties/ levies/ taxes/
cess etc. except GST on works contract shall be included by bidders in unit price
and Employer shall not entertain any claim on this matter. The GST shall be payable

17
at the prevailing rates on this works contract and has been separately indicated in
the price schedule.
The bidders have to take into consideration the Input Tax Credit (ITC) and any area
based tax exemption, wherever applicable, while quoting bid price.

Tax Deduction at Source (TDS), if applicable, shall be deducted as per GST act
from the bills of bidder.

14.2 As regards the Income Tax, surcharge on Income Tax and other taxes including
tax deduction at source, the Bidder shall be responsible for such payment to the
concerned authorities within the prescribed period.
14.3 In case of turnkey contracts the following undertakings are required to be furnished
by EPC contractor:-

i) Certified that we are registered under the GST Act and our Registration no. is
___________________.
ii) Certified that the transaction on which the GST has been claimed has been/will
be included in the return submitted/ to be submitted of the respective month
for the assessment of GST and amount claimed from the Haryana Vidyut
Prasaran Nigam Ltd. has been/shall be paid to the Taxation authorities.
iii) Certified that we shall indemnify the Haryana Vidyut Prasaran Nigam Ltd. in
case it is found at a later stage, that wrong or incorrect payment had been
received on account of the GST paid/to be paid by us.

iv) Certified that any loss due to non-availability of ITC or levy of penalty/interest
on account of non-filing of return or non-compliance or any mis-statement
given under the provisions of GST Act by the firm shall be recoverable from
us.

v) The provision of the GST act shall prevail upon wherever applicable in the
terms & conditions of the tender document.

15.0 BID SECURITY:


15.1 The Earnest Money shall be denominated in Indian Rupees only and shall be in one
of the following forms.

a) The EMD is to be submitted OFFLINE.


b) Through Bank guarantee on the specified format (Annexure-1 of sample forms)
in the form provided in bidding documents.
c) Crossed Bank Draft, a cheque certified by a Banker.
d) Scanned copy of the original Bank Guarantee on the specified format
(Annexure-1 of sample forms)/Demand Draft/a cheque certified by a banker is
to be uploaded in the PQQ template and original is to be submitted manually to
the Superintendent/ Purchase, MM O/o Chief Engineer/MM, Sec-6, Shakti
Bhawan, Panchkula (Pin-134109) before the date & time of opening of bid
mentioned in NIT of the bidding document.
EMD submitted in the shape of Bank guarantee for an amount specified in the NIT
shall be valid for a period of seven (7) calendar months from date of opening of
bids.
15.2 The EMD shall be submitted in a sealed envelope in one original and two copies as
per clause 15 of bidding document. NIT No., tender name, Label EARNEST
MONEY DEPOSIT and the words "DO NOT OPEN BEFORE ____________
".should be clearly mentioned on the envelope.
18
It is sole responsibility of the bidder to handover the original EMD to the
Superintendent/Purchase, MM O/o Chief Engineer/MM, Sector-6, Shakti Bhawan,
Panchkula (Pin -134109).

The bid submitted by the bidders would be rejected without opening of the technical
template if:

(i) EMD of requisite amount is not deposited.


(ii) Original EMD (BG, DD etc.) is not submitted manually to the Superintendent/
Purchase, MM O/o Chief Engineer/MM, Sector-6, Shakti Bhawan, Panchkula
(Pin-134109) before the opening date and time of bid mentioned in the NIT.
15.3 The bid securities of unsuccessful bidders will be returned as promptly as
possible as but not later than 30 days after the expiration of the period of bid
validity.
15.4 The bid security of the successful bidder will be returned when the bidder has
signed the agreement and furnished the required performance security.
15.5 The bid security may be forfeited:-
a) If the bidder withdraws its bid except as provided in sub clause 21.1
b) In case the successful bidder, if he fails within specified time limit to:
i) Sign the agreement
ii) Furnish the required performance security.
c) In case, the bidder submits the fraudulent documents to get qualified.
16.0 FORMAT OF BID:
16.1 The original and all copies of the bid shall be typed or written in indelible ink and
shall be signed by the Bidder or a person or persons duly authorized to bind the
Bidder to the Contract. The letter of authorization shall be indicated by written
Power-of-Attorney accompanying the bid. All pages of the bid, except for un-
amended printed literature, shall be initialed by the person or persons signing
the bid.
16.2 The bid shall contain no inter-lineation, erasures or overwriting except as
necessary to correct errors made by the Bidder, in which case such corrections
shall be initialed by the person or persons signing the bid.
17.0 SIGNATURE OF BIDS:
17.1 The bid must contain the name, residence and place of business of the person
or persons making the bid and must be signed and sealed by the Bidder with
his usual signature. The names of all persons signing should also be typed or
printed below the signature.
17.2 Bid by a partnership must be furnished with full names of all partners and be
signed with the partnership name, followed by the signature(s) and
designation(s) of the authorised partner(s) or other authorised
representative(s).
17.3 Bids by Corporation/Company must be signed with the legal name of the
Corporation/Company by the President, Managing Director or by the Secretary,
other person or persons authorised to bid on behalf of such
Corporation/Company in the matter.
17.4 A Bid by a person who affixes to his signature the word `President`, `Managing
Director` `Secretary`, `Agent` or other designation without disclosing his
principal will be rejected.
17.5 Satisfactory evidence of authority of the person signing on behalf of the Bidder
shall be furnished with the bid.

19
17.6 The Bidders name stated on the proposal shall be the exact legal name of the
firm.
17.7 Bids not conforming to the above requirements of signing may be disqualified.
18.0 SEALING AND MARKING OF BIDS:
18.1 The bidder would submit the PQQ template, technical template and commercial
template (i.e price schedules 1 & 2) as per clause no. 10.2 of ITB online using the
Haryana e-procurement portal i.e. www.haryanaeprocurement.gov.in. The EMD is
to be submitted as per clause no. 15 of ITB.

18.2 The bid is to be submitted online using state govt. e-procurement portal
www.haryaneprocurement.gov.in
19.0 DEADLINE FOR SUBMISSION OF BIDS:
19.1 The bids are to be submitted only ONLINE using the Haryana e-procurement portal
i.e. www.haryanaeprocurement.gov.in. Bids submitted by ordinary post, registered
post, speed post, courier, personnel, telex/ telegram and any mode other than
online will not be accepted.
19.2 Bids must be received online on the Haryana e-procurement portal i.e.
www.haryanaeprocurement.gov.in and the EMD shall be submitted manually
before the date and time mentioned in the NIT.
19.3 The Owner may, at its discretion, extend this deadline for the submission of bids
by amending the Bidding Document, in which case all rights and obligations of
the Owner and Bidders previously subject to the deadline will thereafter be
subject to the deadline as extended.
20.0 LATE BIDS:
20.1 If original copy of EMD is not received as per clause no.15 of the ITB of the bidding
document then the bid will be rejected by the owner.
21.0 MODIFICATION AND WITHDRAWAL OF BIDS:
21.1 The Bidder cannot modify its bid after closing date of the bid submission mentioned
in NIT.
21.2 No bid may be modified subsequent to the deadline for submission of bids.
21.3 No bid may be withdrawn in the interval between the deadline for submission of
bids and the expiration of the period of bid validity specified by the Bidder on
the Bid Form. Withdrawal/modification of a bid during this interval may result in
the Bidders forfeiture of its bid security.
22 INFORMATION REQUIRED WITH THE PROPOSAL:
22.1 The bids must clearly indicate the name of the manufacturer, the type of model
of each principal item of equipment proposed to be furnished and erected. The
bid should also contain drawings and descriptive materials indicating general
dimensions, materials from which the parts are manufactured, principles of
operation, the extent of pre-assembly involved, major construction equipment
proposed to be deployed, method of erection and the proposed erection
organizational structure.
22.2 The above information shall be provided by the Bidder in the form of separate sheet
drawings, catalogues, etc. online in the technical template.
22.3 Any bid not containing sufficient descriptive materials to describe accurately the
equipment proposed may be treated as incomplete and hence rejected. Such
descriptive materials and drawings submitted by the Bidder will be retained by
the Owner. Any major departure from these drawings and descriptive material
submitted will not be permitted during the execution of the Contract without
specific written permission of the Owner.
20
22.4 Oral statements made by the Bidder at any time regarding quality, quantity or
arrangement of the equipment or any other matter will not be considered.
22.5 Standard catalogue pages and other documents of the Bidder may be used in
the bid to provide additional information and data as deemed necessary by the
Bidder.
22.6 The Bidder, along with his proposal, shall submit a list of recommended erection
equipment and materials which will be required for the purpose of erection of
equipment and materials supplied under the contract.
22.7 In case the Proposal information contradicts specification requirements, the
specification requirements will govern, unless otherwise brought out clearly in
the technical commercial deviation schedules.
23.0 OPENING OF BIDS BY OWNER:
23.1 The Owner will open bids online at the date and time for opening of bids in the
NIT or in case any extension has been given thereto, on the extended bid
opening date and time notified to all the Bidders who have purchased the
bidding documents online.
23.2 The Bidders names, terms & conditions, EMD details and other details as the
Owner, at its discretion, may consider appropriate will be announced at the opening.
On the due date of opening of the bid mentioned in the NIT, first the PQQ template
would be opened and thereafter technical bid template of only eligible bidders would
be opened on the same day.
The commercial bid template (price schedules 1 & 2) would be opened after scrutiny
of the technical bid of those bidders whose technical bids are found in order. Date
and time for the commercial template opening would be conveyed in due course.
23.2 No electronic recording devices will be permitted during the opening of bid as
well as price bids.
24.0 CLARIFICATION OF BIDS:

24.1 To assist in the examination, evaluation and comparison of bids the Owner may,
at its discretion, ask the Bidder for a clarification of its bid. The request for
clarification and the response shall be in writing and no change in the price or
substance of the bid shall be sought, offered or permitted.
25.0 EXAMINATION OF BIDS:
25.1 The Owner will examine the bids to determine whether they are complete,
whether any computational errors have been made, whether required sureties
have been furnished, whether the documents have been properly signed, and
whether the bids are generally in order. The price bid of only those bidders will
be opened whose bids are found technically & commercially acceptable.
25.2 The price furnished in various price schedules should be consistent with each
other. In the case of any inconsistency in the price furnished in the specified
price schedules, the owner shall be entitled to consider the lowest prices for the
purpose of evaluation and award of contract. All arithmetical errors will be
rectified on the basis of the unit price or total price (in figures or in words)
whichever is more beneficial to the owner.

26.0 DEFINITIONS AND MEANINGS:


For the purpose of the evaluation and comparison of bids, the following meanings
and definition will apply.
`Bid Price` shall mean the base price quoted by each bidder in his proposal for the
complete equipment (including freight & insurance and any other duties/ levies/

21
taxes / cess) and services along with the GST, as defined in price schedules of the
bidding document.
27.0 COMPARISON OF BIDS:
27.1 The discount arising out of negotiation with SHPPC / HPPC will be
proportionally adjusted on all the items indicated in the price schedule.
27.2 The present negotiation policy guidelines for procurement of specific
store and turnkey contracts has been circulated vide Govt. of Haryana
Industries & commerce department Directorate of Supplies & Disposal
vide order no. 2/2/2010-4-IB-II dated 16.06.2014. However, the negotiation
policy may be amended by the Govt. of Haryana and the negotiation shall
be carried out by SHPPC/HPPC as per prevailing negotiation policy on the
date of negotiation.
28.0 CONTACTING THE OWNER:
Bids shall be deemed to be under consideration immediately after they are
opened and until such time official intimation of award/rejection is made by the
Owner to the Bidders. While the bids are under consideration, Bidders and/or
their representatives or the interested parties are advised to refrain from
contacting by any means, the Owner and /or his employees / representative on
matters related to the bids under consideration. The Owner, if necessary, will
obtain clarifications on the bids by requesting for such information from any or
all the Bidders, in writing. Bidders will not be permitted to change the substance
of the bids after the bids have been opened. Any effort by a bidder to influence
the purchaser in any way may result in rejection of the bidder's bid.

29.0 AWARD CRITERIA:


29.1 The Owner will award the Contract to the successful bidder, whose bid has been
determined to be substantially responsive and has been determined as the
lowest evaluated bid, provided further that the bidder is determined to be
qualified to perform the Contract satisfactorily. The Owner shall be the sole
judge in this regard.
29.2 Further, the Owner reserves the right to award separate contracts to two or
more parties in line with the terms and conditions specified in the accompanying
technical specifications.
29.3 The works contract for supply and services shall be awarded to successful bidder.
29.4 Single Letter of Award, works contract order and contract agreement shall be signed
with the successful bidder.
30.0 OWNERS RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS:
30.1 The Owner reserves the right to accept or reject any bid, and to annul the bidding
process and reject all bids at any time prior to award of contract, without thereby
incurring any liability to the affected Bidder or Bidders or any obligation to inform
the affected Bidder or Bidders of the grounds for the Owners action.
31.0 LETTER OF AWARD:
31.1 Prior to the expiration of the period of bid validity and extended validity period, if
any, the Owner will notify the successful Bidder in writing by registered letter or
by cable or telex or FAX, to be confirmed in writing by registered letter, that its
bid has been accepted.
31.2 The notification of award will constitute the formation of the Contract.

22
31.3 Upon the successful Bidders furnishing of performance guarantee pursuant to
Clause 33.0 the Owner will promptly notify each unsuccessful Bidder and will
discharge its bid security, pursuant to clause 15.0.

32.0 SIGNING OF CONTRACT:


32.1 Within thirty (30) days of the Notification of award the successful bidder shall,
sign the contract agreement and submit required performance guarantee

33 CONTRACT PERFORMANCE GUARANTEE:


33.1 Within 30 days of receipt of notification of award from the owner, the successful
Bidder, to whom the work is awarded, shall be required to furnish a Performance
Guarantee from a Nationalized Bank, in the form attached in Section-IV to this
Vol-I in favour of the Owner. The guarantee amount shall be equal to ten percent
(10%) of the Contract price and it shall guarantee the faithful performance of
the Contract in accordance with the terms and conditions specified in these
documents and specifications. The guarantee shall be valid up to 90 days after
the end of Warrantee Period.
33.2 The Performance Guarantee shall cover additionally the following guarantees
to the Owner.
a) The successful Bidder guarantees the successful and satisfactory operation of
the equipment furnished and erected under the Contract, as per the
specifications and documents.
b) The successful Bidder further guarantees that the equipment provided and
installed by him shall be free from all defects in design, material and
workmanship and shall upon written notice from the Owner fully remedy free of
expenses to the Owner such defects as developed under the normal use of the
said equipment within the period of guarantee specified in the relevant clause
of the Conditions of contract.
33.3 The Contract Performance Guarantee is intended to secure the performance of
the entire contract.
33.4 The Performance Guarantee will be returned to the Contractor without any
interest at the end of guarantee period.
34.0 QUANTITY VARIATION:
34.1 The provisional quantities required are mentioned in the respective schedule of
prices. Final quantities shall be determined after completion and approval of the
detailed route survey and check survey. The final quantities of towers gantries,
line materials and foundations shall be confirmed by the employer based on the
requirement of quantities of various items furnished by the contractor after
completion of detailed survey. Hence, it will the responsibility of the contractor
to intimate the exact requirements of all towers gantries, foundations and line
materials required for line immediately after the survey. The Empowered Officer
of the employer will order the final quantities at the unit rates quoted in the bid.
34.2 The Empowered Officer of the employer reserves the right to increase or
decrease upto 15% (fifteen percent only) of contract value the quantity of bid
and services specified without any change in the unit price or other terms and
conditions during the execution of the contract. The quantities of individual items
may vary upto any extent after the final route plans and route profiles of the
lines covered in the package are finalized.
34.3 The prices of inequitable items i.e. the items which are not mentioned in the
BOQ of contract, shall be decided by Nigam with mutual consent of bidder.

35.0 SITE VISIT:

23
35.1 The bidder is advised to visit and examine the site of works and its surroundings
and obtain for itself on its own responsibility all information that may be
necessary for preparing the bid and entering into a contract for construction of
the works. The costs of visiting the site shall be at the bidder's own expense.
35.2 The bidder and any of its personnel or agents will be granted permission by the
Employer to enter upon its premises and lands for the purpose of such visit.

36.0 ELECTRICAL CONTRACTORS LICENSE:-


36.1 The successful bidder will obtain the electrical contractors license from Chief
Electrical Inspector to Govt. of Haryana within 3 months of notification of award.

The new provisions proposed are as under:-

I. The EPC contractor will apply to the Chief Electrical Inspector, Haryana for
issue of electrical license within 15 days of award of LOA.

II. No electrical activity will be taken in hand at site prior to issuance of electrical
license by Chief Electrical Inspector, Haryana to the EPC contractor.
37.0 DEVIATIONS
37.1 Bidders are required to list out all of their deviations taken from the standard
clauses (Technical as well commercial) of bidding documents at one place i.e.
schedule-3 (Commercial deviation schedule) and Schedlue-4 (Technical
deviation schedule) in case of turnkey contracts. It is made very clear to the
bidders that any deviations mentioned at a place other than Schedule-3 & 4, as
the case may be, will not be considered for all intents and purposes. In case
the contract is awarded, the deviations which are not mentioned at desired place
(mentioned herewith) will not have any contractual binding.
37.2 Further the bidder will undertake for the deviation clause as under:
We/I undertake that except the deviation as mentioned therein. We/I confirm
all other requirements of the technical specification and general conditions of
contract without any deviations of NIT.
38.0 Inclusion / addition of new works
Additional works of same voltage rating in the similar terrain within same or
adjoining districts can be included in the scope of work within the contractual
completion period but not later than one year of award of contract. These
additional works have a ceiling of Rs.5 crore or upto 15% of the contract value
whichever is lower with the following provision:-
(i) Time period for additional works shall be nine (9) months from the date of
notification of award for these additional works by the Employer.
(ii) Additional Performance Bank Guarantee of 10% of contract price of new
additional works shall have to be supplied by the contractor within 30 days
of the issue of Notification of award by Employer. This PBG of additional
new works shall be valid upto the end of ninety (90) days after the end of
the warranty period for these additional works.
(iii) The warranty period of new additional works shall be 12 months from the
commissioning of the said additional work.
(iv) All other terms & condition of contract shall remain same.

24
Note:- The above clause shall be applicable for deposit works of Govt.
department viz. NHAI, HUDA, Railway, RVNL, DFCCIL, HSIIDC, PWD & other
Government departments etc. only and that too with the prior approval of Utility
Level High Power Purchase Committee.

25
Annexure-A

Policy for change of vendors for supply of equipment

A. For change of vendor in contracts:-


In case the contractor proposes change of vendors other than the list provided
in the contract then the following guidelines shall be followed:-

(i) The contractor will apply for change of vendor in the Performa enclosed as
Annexure-1 enclosing all the documents as specified in the Performa.
(ii) The contractor shall give an undertaking duly supported with documentary proof
from all the vendors already provided in the contract clearly specifying the
reasons for their inability to supply the material.
(iii) The vendor registration subsequent to the date of floating of tender can be
considered for supply of material after making a deduction of 10% of the
contract value of the equipment/ material subject to full filling the qualification
requirement as per provisions in the contract.
(iv) Contractor will provide the additional guarantee/ warranty of the equipment for
a period of additional two years along with performance bank guarantee
equivalent to 10% of the cost of material / equipment valid up to extended
guarantee/ warranty period.
(v) Delay (if any) in project on account of change of vendor shall be attributable to
EPC contractor.
(vi) The change of vendor in such cases will be allowed with the approval of WTDs.
(vii) In case of change of vendor, WTDs shall have the competency of waive off the
proposed reduction in contract value by 10% of the value of equipment/ material
and provision of additional performance bank guarantee of 10% in case the
equipment being substituted belongs to a reputed manufacturer e.g. Siemen,
Alstom, AREVA, ABB, CGL or equivalent.
(viii) If a vendor was already approved by the WTDs on the date of floatation of an
NIT but his name was inadvertently missed out from the list of vendors provided
in the bid documents, such vendor can be included in the list of without
imposition of penalty.

26
ANNEXURE-1

VENDOR CHANGE REQUEST FORM

a. Item description
b. Name of vendors as per contract
c. Name of proposed vendor
d. Full address
e. Company registration detail
Registration No.
PAN No. .
GST no.
f. PF/ESI Registration certificate
g. Manufacturing Address
h. Manufacturing capacity
i. Financial statement of last 3 years
j. Affidavit regarding non-blacklisting (for last 5
years)
k. Quantity to be supplied
l. List of past supplies (Power Utilities)
m. Copy of purchase orders for last 5 years
n. Satisfactory performance certificate of 2 years
o. Type test reports and any other special test of
respective material as per technical specifications/
contract
p. An undertaking duly supported with documentary
proof from all the vendors already provided in the
contract clearly specifying the reasons for their
inability to supply the material
q. An undertaking that delay (if any) in project on
account of change of vendor shall be attributable
to EPC contractor

Signature of the authorsied signatory


(Name of the signatory)
Rubber stamp of the firm / Company

27
Sequential Certificate for related civil and erection activities

Ref. No:

Date:

To

M/s....................................................

..........................................................

..........................................................

REF.: Contract No. .. dated ................... for .................................


awarded by....(insert name of the Employer).........

Dear Sir,

Kindly refer to Dispatch Authorization Document No. ............ dated ................. It


is certified that the civil/erection activities related to the following Equipment/material
have been completed/likely to be completed shortly:

Sr.No. Description Quantity

This certificate is issued for the sole purpose of claiming the payment for the above
mentioned items against the subject cited contract and for no other purpose,
whatsoever.

(Signature of Xen/TS )

Designation........................

28
LIST OF APPROVED VENDORS AS ON 24.07.2017
Name of Firm Registered Equipment Equipment Registered
subject to submission of
Type test
Conductor
M/s Gupta Power 1. ACSR Moose Conductor ACSR Wolf Conductor
Infrastructure Ltd 2. ACSR Zebra Conductor
3. ACSR Panther Conductor
M/s APAR 1. ACSR Moose Conductor 1. ACSR Zebra Conductor
industries Ltd., 2. ACSR Panther Conductor 2. ACSR Wolf Conductor
3. ACSR Conductor 3. AAC Zebra Conductor
4. AL-59 conductor equivalent to 4. AAC Panther Conductor
0.4 sq ACSR 5. AAC Wolf Conductor
5. AL-59 conductor equivalent to
0.2 sq ACSR
M/s UIC Udyog 1. Earth Wire 7/3.66 Type Test Valid upto 1. Earth Wire 7/2.50
Ltd., 25.03.2018
2. Earth Wire 7/3.15Type Test Valid
upto 22.05.2018
M/s Himachal 1. Earth Wire 7/3.66 Type Test Valid upto 1. Earth Wire 7/3.15
Wires 26.11.2922 2. Earth Wire 7/2.50
Industries Pvt.
Ltd.
M/s Shashi 1. ACSR Moose conductor (type test 1. AAAC Panther conductor
Cables Ltd valid upto 05.08.2022) 2. AAAC Wolf conductor
2. ACSR Zebra conductor (type test
valid upto 17.04.2021)
3. ACSR Panther conductor (type test
valid upto 07.08.2020)
4. ACSR Wolf conductor (type test valid
upto 27.07.2022)
M/s Nirmal 1. Earth Wire 7/3.66 Type Test Valid upto 1. Earth Wire 7/2.50
Wire (P) 18.03.2020
Ltd 2. Earth Wire 7/3.15Type Test Valid
upto 05.11.2022
M/s Geekay 1. Earth Wire 7/3.66 (type test valid 2. Earth Wire 7/2.50
Wires Pvt. Ltd., upto 20.07.2023)
(Valid upto 2. Earth Wire 7/3.15 (type test valid
27.03.2020) upto 13.06.2021)

M/s Mahavir 1. ACSR Moose conductor type test


Transmission valid upto 18.09.2013
Ltd (valid 2. ACSR Zebra conductor type test
upto valid upto 31.07.2021
09.04.2020) 3. ACSR Panther conductor type test
valid upto 17.07.2023
4. ACSR Wolf conductor type test
valid upto 19.01.2023

29
M/s Dynamic 1. AAC Tarantula conductor type test 1 ACSR Wolf conductor
Cables Pvt. valid upto 19.06.2023
Ltd.,(valid 2. ACSR Moose conductor type test valid
upto upto 24.2.2023
17.04.2020) 3. ACSR Zebra conductor type test
valid upto 06.05.2019
4. ACSR Panther conductor type test
valid upto 30.07.2022
M/s 1. ACSR Zebra conductor type test 1 ACSR Wolf conductor
TirupatiPlastom valid upto 24.01.2019
atics Pvt. Ltd. 2. ACSR Panther conductor type test
(valid upto valid upto 05.05.2022
10.05.2020)
M/s Lumino 1. ACSR Moose Conductor type test
Industries Limited valid upto 06.11.2019
(valid upto 2. ACSR Zebra Conductor type test
22.05.2020) valid upto 24.03.2020
3. ACSR Panther Conductor type test
valid upto 24.03.2020
4. ACSR Wolf conductor type test valid
upto 17.12.2021
M/s Haryana 1 ACSR Moose Conductor type test
Conductors Pvt. valid upto 21.05.2019
Ltd., 2 ACSR Zebra Conductor type test
(valid upto valid upto 25.12.2023
22.05.2020) 3 ACSR Panther Conductor type test
valid upto 09.06.2023
M/s CMI Energy 1 Upto 11 kV 1Cx630 Sq.mm.
India Pvt. Ltd., XLPE Cable (type test valid upto
(valid upto
09.10.2020)
15.06.2020)
Isolators/L&E Switches
Lightening Arrester
M/s Shreem 1. 33kV Lightening Arrester
Electric Ltd 2. 11kV Lightening Arrester
M/s Oblum 1. 198kV Lightening Arrester
Electrical 2. 120kV Lightening Arrester
Industries Pvt. 3. 60kV Lightening Arrester
Ltd 4. 33kV Lightening Arrester
5. 11kV Lightening Arrester

Hardware fittings
M/s i. Hardware fittings for 400 KV Transmission i. Hardware fittings for 132 KV
Transmission Lines with ACSR Moose conductor Transmission Lines with ACSR
Line Products &Earthwire size 7/3.15. Wolf Conductor and Earthwire
ii. Hardware fittings for 132 KV Transmission sizes 7/2.50.
Lines with ACSR Moose & Zebra Conductor
and Earthwire size 7/3.15.
iii. Hardware fittings for 132 KV Transmission
Lines with ACSR Zebra , Panther & AL-59
30
Conductor and Earthwire size 7/3.15
&.7/3.66
M/s Aumni i. Hardware fittings for 132 KV Transmission i. Hardware fittings for 132 KV
Transmission Lines with AAAC & Zebra Conductor and Transmission Lines with
Industry Pvt. Ltd Earthwire size 7/3.66. AAAC/ACSR Wolf
ii. Hardware fittings for 132 KV Transmission Conductor,AL-59 and Earthwire
Lines with AAAC & Panther Conductor sizes 7/2.50.
and Earthwire size 7/3.15
M/s Mosdorfer Hardware fittings for 400 KV Transmission Hardware fittings for 132/132
India Pvt.Ltd., Lines withDouble/Single Quad Moose KV Transmission Lines with
ACSR Conductor valid upto 28.04.2020 ACSR Moose & Zebra
Conductor

M/s IAC Hardware fittings for 400 KV Transmission


Electrical Pvt. Lines & S/Stn. With Double/Single Quad
Ltd. Moose ACSR Conductor.
Hardware fittings for 132/132/66 KV
Transmission Lines & S/Stn. With ACSR
Moose/AAAC Moose/AL.59 Conductor,
ACSR Zebra/AAAC Zebra Conductor, ACSR
Panther Conductor & Earth wire 7/3.15,7/
3.66.
M/s A.K. Power Hardware fittings for 66/132/132 KV
Industries Pvt. Transmission Lines & S/Stn.
Ltd., 1 ACSR Zebra Conductor
2 ACSR Panther Conductor
3 ACSR Wolf Conductor
4 Earthwire size 7/3.15
5 Earthwire size 7/3.66
M/s Rajasthan Hardware fittings for 132/132/66 KV
Transmat Pvt. Transmission Lines with following
Ltd. conductor:
Sr. Name of Type test
no Conductor Validity
1. ACSR Zebra 29.08.2017
2. ACSR Panther 23.08.2017
3. Earth wire 01.06.2018
7/3.15,7/3.66
M/s LEGION ii. Hardware fittings for
ENERGY, 400/132/132/66 KV
Substation with Twin AAC
Tarantula &
Moose/Zebra/Panther
ACSR Conductor.
ii. Hardware fittings for 132/132/66
KV Transmission Lines with
ACSR Zebra, ACSR Panther
Conductor & Earth wire
7/3.15,7/3.66.
M/s Krsna Hardware fittings for 66/132/132/400
Transmission KV Transmission Lines & S/Stn.
1 Twin/Quad Moose Conductor
valid upto 04.01.2022
31
Hardware Mfg. 2Single/Twin ACSR Zebra
Pvt. Ltd. Conductor valid upto 28.11.2018
3 Single/Double ACSR Panther
Conductor valid upto 02.09.2018
M/s Honeywell Hardware fittings for 132/132/66 KV
Transmission Substation & Transmission lines:
1 Bolted type Single suspension
fittings for Twin Zebra ACSR
2 Bolted type Single suspension
fittings for Single Zebra ACSR
3 Single suspension fittings for
Zebra
4 Single Tension fittings for
Zebra
5 Double Tension fittings for
Zebra
6 Tee Clamps suitable for ACSR
Zebra
7 Tee Clamps suitable for ACSR
Moose
8 P.G. Clamps suitable for
ACSR Zebra
9 Spacer suitable for Twin ACSR
Zebra
10 Single suspension line
hardware fittings suitable for
ACSR Moose
11 Single tension line hardware
fittings suitable for ACSR
Moose
12 Double tension line hardware
fittings suitable for ACSR
Moose
13 Vibration damper for ACSR
Moose

M/s Swamiji Hardware fittings for 132/132/66 KV Hardware fittings for 132/132/66
Transmission Substation & Transmission lines: KV Substation & Transmission
Pvt. Ltd., 1 ACSR Zebra Conductor lines:
2 ACSR Panther Conductor 1 ACSR Wolf Conductor
3 AAAC Zebra Conductor
4 AAAC Panther Conductor
5 Earthwire size 7/3.15
6 Earthwire size 7/3.66
M/s M.F. 1 Hardware fittings for 66/132/132 KV
Engineering, Transmission Lines with Moose, Zebra
(valid upto & Panther Conductor (type test valid
05.07.2020) upto 02.02.2019)
2 Hardware fittings for 66/132/132 KV
Substation (type test valid upto
01.07.2021)
3 Hardware fittings for 66/132 KV
Transmission Lines with ACSR Wolf

32
Conductor and Earthwire sizes 7/3.66,
7/3.15 & 7/2.50 (subject to
submission of type test)

Tower & Structures


M/s 1 Tower & Structures
NexoIndustries 2 Earthing Rod i.e. 40 & 25 mm dia
Pvt. Ltd 3 GI Flat sizes
75x12,50x8,50x6,25x3 mm

M/s R.S 1 Tower & Structures


Infraprojects Pvt. 2 Earthing Rod i.e. 40 & 25 mm dia
Ltd. 3 GI Flat sizes 75x12,50x8,50x6,25x3
mm
4 Nuts & Bolts
5 Step Bolts
6 Spring Washers
7 U-Bolt
M/s Kora 1 Tower & Structures
Industries

M/s A.K. Power 1 Tower & Structures


IndustriesPvt. 2 Earthing Rod i.e. 40 & 25 mm dia
Ltd. 3 GI Flat sizes 75x12,50x8,50x6,25x3
mm

M/s ASP Pvt. 1 Nuts & Bolts


Ltd. 2 Step Bolts
3 Spring Washers
4 U-Bolt
M/s Nishant Steel 1 Nuts & Bolts
Industries 2 Step Bolts
3 Spring Washers
4 U-Bolt
M/s Goodluck 1 Tower & Structures
Steel Tubes Ltd.
M/s Absolute 1 Tower & Structures
Projects (India)
Ltd.
M/s N.L 1 Tower & Structures
Engineering Pvt.
Ltd.
M/s G.S Castings Nuts & Bolts

M/s Udehra Nuts & Bolts


Fasteners Ltd

M/s Nandan 1 Tower & Structures


Steels and
Power Ltd
M/s Namdhari 1. Tower & Structures
Industrial
33
Traders Pvt. Ltd., 2. Earthing Rod i.e. 40 & 25 mm
(valid upto dia
09.04.2020) 3. GI Flat sizes
75x12,50x8,50x6,25x3 mm
4. Nuts Bolts
5. Step Bolts
6. Spring Washers
7. U-Bolt
M/s Telecom 1 Tower & Structures
Network Solution
Pvt. Ltd., (valid
upto 20.04.2020)

M/s Salasar 1. Tower & Structures


Techno Engg Ltd, 2. Earthing Rod i.e. 40 & 25 mm
Khasra No.265 dia
(Valid upto 3. GI Flat sizes
10.05.2020) 75x12,50x8,50x6,25x3 mm
4. Nuts Bolts
5. Step Bolts
6. Spring Washers
7. U-Bolt
M/s RG 1. Tower & Structures
Structures (Valid 2. Earthing Rod i.e. 40 & 25 mm
upto 30.05.2020) dia
3. GI Flat sizes
75x12,50x8,50x6,25x3 mm
4. Nuts Bolts
5. Step Bolts
6. Spring Washers
7. U-Bolt
M/s BST Infratech 1. Tower & Structures
Ltd. (Valid upto
24.05.2020)
Cables
11 KVALUMUNIUM XLPE 11 KVALUMUNIUM XLPE
M/s Gupta Power CABLE CABLE
Infrastructure Ltd 1 1Cx630 mm2 1 1Cx185 mm2
2 3Cx400 mm2 Control cable
3 3Cx300 mm2 1 Armoured control cable
4 1Cx630 mm2 2 Un-armoured control
5 3Cx185 mm2 cable
6 3Cx95 mm2
7 3Cx50 mm2
M/s KEI 66KVAL XLPE CABLE 66 KVAL XLPE CABLE
Industries Ltd 1 1Cx1200 mm2 1 1Cx400 mm2
132 KVCU XLPE CABLE 2 1Cx630 mm2
1 1Cx1000 mm2 3 1Cx1000 mm2
66 KVCU XLPE CABLE
1. 1Cx400 mm2
2. 1Cx630 mm2
3. 1Cx1000 mm2
4. 1Cx1200 mm2

34
132 KVAL XLPE CABLE
1. 1Cx630 mm2
2. 1Cx1000 mm2
3. 1Cx1200 mm2
132 KVCU XLPE CABLE
1. 1Cx630 mm2
2. 1Cx1200 mm2
M/s New Mangla Armoured& Un-Armoured
Cables Control Cable
(Cancelled vide
Ch-42/HVPNL
/VR/ cable
Dated
04.11.2016)
M/s Unisef Cable Armoured& Un-Armoured
Industries Control Cable
M/s Cable 11 KVAL XLPE CABLE 11 KVAL XLPE CABLE
Corporation of India 1. 1Cx630 mm2 1. 3Cx400 mm2
Ltd. 2. 3Cx300 mm2 2. 1Cx185 mm2
132 KVALUMUNIUM XLPE CABLE 3. 3Cx185 mm2
1 1Cx1200 mm2 4. 3Cx95 mm2
132 KVAL XLPE CABLE 5. 3Cx50 mm2
1 1Cx1200 mm2 type test for 1400 sq. 66 KVAL XLPE CABLE
mm 1. 1Cx400 mm2
2. 1Cx630 mm2
3. 1Cx1000 mm2
4. 1Cx1200 mm2
66 KVCU XLPE CABLE
1. 1Cx400 mm2
2. 1Cx630 mm2
3. 1Cx1000 mm2
4. 1Cx1200 mm2
132 KVALUMUNIUM
XLPE CABLE
1. 1Cx630 mm2
2. 1Cx1000 mm2
3. 1Cx1200 mm2

132 KVCU XLPE CABLE


1. 1Cx630 mm2
2. 1Cx1000 mm2
3. 1Cx1200 mm2
132 KVAL XLPE CABLE
1. 1Cx1000 mm2
132 KVAL XLPE CABLE
1. 1Cx1000 mm2
M/s Suraj cables Armoured& Un-Armoured
Control Cable.

35
M/s LS Cable Sr. Name of Equipment Sr. Name of Equipment
No. No.
66 KVALUMUNIUM XLPE 66 KVALUMUNIUM
CABLE XLPE CABLE
1 1Cx1200 mm2 Type test valid 1 1Cx400 mm2
upto 11.08.2020. 2 1Cx630 mm2
132 KVCOPPER XLPE CABLE 31Cx1000 mm2
1 1Cx1000 mm2 Type test valid 66 KVCOPPER XLPE
upto 02.03.2019. CABLE
132 KVCOPPER XLPE CABLE 1 1Cx400 mm2
1 1Cx1200 mm2Type test valid 2 1Cx630 mm2
upto 31.12.2019. 31Cx1000 mm2
4 1Cx1200 mm2
132 KVALUMUNIUM
XLPE CABLE
1 1Cx630 mm2
21Cx1000 mm2
3 1Cx1200 mm2
132 KVCOPPER XLPE
CABLE
1 1Cx630 mm2
31Cx1200 mm2
132 KV ALUMUNIUM
XLPE CABLE
11Cx1000 mm2
21Cx1200 mm2
132 KVCOPPER XLPE
CABLE
11Cx1000 mm2

M/s Azure Armoured& Un-Armoured Control Cable


Switchgear Pvt.
Ltd.
M/s 1 1Cx630 mm2 24.07.2021 for 33KV
TirupatiPlastomati 2 3Cx400 mm2 16.10.2019
cs Pvt. Ltd. 3 3Cx300 mm2 20.08.2022
(valid upto 4 1Cx185 mm2 03.03.2023
10.05.2020 for 5 3Cx185 mm2 13.03.2020
ARMOURED & 6 3Cx95 mm2 29.09.2021
UN-ARMOURED 7 3Cx50 mm2 26.06.2019
CONTROL 8 Armoured 03.11.2023 upto
CABLE) Control Cable 16Cx2.5 Sq.mm
9 Un-Armoured 05.06.2019 upto
Control Cable 16Cx2.5 Sq.mm
M/s Prestige Cable Armoured& Un-Armoured Control Cable
Industries(Valid
upto 27.03.2020)
M/s Vishal Cables 1 Armoured control cable (type test valid
Pvt. Ltd., upto 15.07.2018 upto 19C x 2.5
(Valid upto Sq.mm)
08.05.2020) 2 Un-armoured control cable (type test
valid upto 15.01.2023 upto 19C x 2.5
Sq.mm)

36
M/s K.N.G Wires & 1 ARMOURED CONTROL
Cables (Valid upto CABLE (Type test valid upto
10.05.2020) 12.05.2020 upto 16Cx2.5
Sq.mm & 14.07.2020 for 8Cx4
Sq.mm).
2 UN-ARMOURED CONTROL
CABLE (Type test valid upto
05.05.2020 upto 16Cx2.5
Sq.mm & 7Cx4 Sq.mm).).
M/s Universal 1 Upto 1Cx1200 mm2 132
Cables Ltd., (valid KVXLPE CABLE
upto 26.04.2020) 2 Armoured control cable
3 Un-armoured control cable
M/s Havells India XLPE Cable upto 33 kV
Ltd., (valid upto 1 1Cx630 Sq.mm.
07.06.2020)

Insulators
M/s Spark 1. 400 kV Polymer String Insulator
Insulators Pvt. Ltd (160 KN & 120 KN) valid upto
18.09.2018
2. 132 kV Polymer String Insulator
(160 KN ,120 KN, 90 KN & 70 KN)
valid upto 21.09.2018
3. 132 kV Polymer String Insulator
(120 KN, 90 KN & 70 KN)valid upto
26.03.2017
4. 66 kV Polymer String Insulator (120
KN, 90 KN & 70 KN) valid upto
04.03.2019
5. 33 kV Polymer String Insulator (90
KN, 70 KN & 45 KN) valid upto
18.03.2017
M/s BHEL 1. Anti-Fog Disc Insulators 160 KN 1. Anti-Fog Disc Insulators 45
upto 21.05.2020 KN
2. Anti-Fog Disc Insulators 120 KN 2. 132 kV Polymer String
upto 26.03.2021 Insulator (120 KN, 90 KN &
3. Anti-Fog Disc Insulators 90 KN 70 KN)
upto 02.03.2021 3. 66 kV Polymer String
4. Anti-Fog Disc Insulators 70 KN Insulator (120 KN, 90 KN &
upto 22.01.2021 70 KN)
5. 132 kV Polymer String Insulator 4. 33 kV Polymer String
(120 KN, 90 KN & 70 KN) valid upto Insulator (90 KN, 70 KN &
09.12.2017 45 KN)
6. 400 kV Polymer String Insulator 5. 132 kV Polymer String
(160 KN & 120 KN) valid upto Insulator (160 KN)
08.07.2021
M/s Deccan 1. 132 kV Polymer String Insulator
Enterprises (160 KN ,120 KN, 90 KN & 70
Ltd. KN)upto 16.06.2020
2. 132 kV Polymer String Insulator
(120 KN, 90 KN & 70 KN)upto
10.02.2017
3. 66 kV Polymer String Insulator
37
( 120 KN,90 KN & 70 KN)upto
19.04.2016
4. 33 kV Polymer String Insulator
(90 KN, 70 KN) upto 23.04.2021
M/s Yamuna 132 kV Polymer String Insulator (120 KN,
Power and 90 KN & 70 KN) Type Test Valid up to
infrastructure 30.09.2017
Ltd, 132 kV Polymer String Insulator (120 KN,
90 KN & 70 KN) Type Test Valid up to
23.06.2020
66 kV Polymer String Insulator (120 KN,
90 KN & 70 KN) Type Test Valid up to
01.07.2016
33kV Polymer String Insulator (90 KN)
Type Test Valid up to 20.06.2019
1. 132 Kv Polymer String Insulator 1. 132 Kv Polymer String
M/s Shree Radhe i. 160 KN Type Test Valid up to Insulator (120 KN, 90 KN &
Industries. 07.01.2022 70 KN)
ii. 120 KN Type Test Valid up to 2. 66 Kv Polymer String
02.09.2021 Insulator
iii. 90 KN Type Test Valid up to ( 120 KN,90 KN & 70 KN)
24.08.2021. 3. 33 Kv Polymer String
Insulator (90 KN, 70 KN &
45KN)
M/s Goldstone 132 kV Polymer String Insulator
Infratech Ltd. (160 KN ,120 KN, 90 KN & 70
KN)
132 kV Polymer String Insulator
(120 KN, 90 KN & 70 KN)
66 kV Polymer String Insulator
( 120 KN,90 KN & 70 KN)
33 kV Polymer String Insulator
(90 KN, 70 KN)
M/s G.K.
Xianghe 132 kV Polymer String Insulator
Electricals Pvt. (160 KN ,120 KN, 90 KN & 70
Ltd. KN)
132 kV Polymer String Insulator
(120 KN, 90 KN & 70 KN)
66 kV Polymer String Insulator
( 120 KN,90 KN & 70 KN)
33 kV Polymer String Insulator
(90 KN, 70 KN)
M/s Phoenix 1 132 kV Polymer String Insulator
Electrical (160 KN ,120 KN, 90 KN & 70 KN)
Insulating 2 132 kV Polymer String Insulator
Materials (120 KN, 90 KN & 70 KN)
Company Pvt. 3 66 kV Polymer String Insulator (120
Ltd., (valid upto KN, 90 KN & 70 KN)
23.07.2020)

C-Wedge Connector and Termination Kits of Cable & GIS

38
M/s Raychem RPG 1 C- Wedge Connectors
Pvt. Ltd 2 Cable Termination Kits (Upto 132
kV Level)
3 Cable Termination Kits for GIS
(Upto 132 kV Level)
4 66 kV Polymer Lightening
Arrestor
M/s 3M Electro & Termination Kits for 66 KV Cable
Communication
India Pvt. Ltd.
(valid upto
07.06.2020)
M/s G&W Electric Termination Kits for 132KV Cable
Company Termination Kits for 132KV Cable
Termination Kits for 66KV Cable
Cable Termination Kits for 132KV GIS
Cable Termination Kits for 132KV GIS
Termination Kits for 66KV GIS
M/s Compaq Termination Kits for 66 KV Cable
International (P) Type test report of Cable termination Kits for
Ltd. 66KV Cable having 630 sq. mm size valid
upto 10.05.2016.)
M/s Brugg Cables 1 Cable Termination Kits upto 132 kV
(India) Pvt. Ltd., (type test valid upto 17.10.2022)
(valid upto 2 GIS Cable Termination Kits upto
10.05.2020) 132 kV (Type test valid upto
06.05.2021)

39
40
41
42
43
44
SECTION III

CONDITIONS

OF
CONTRACT

(COC)

45
SECTION: III
CONDITIONS OF CONTRACT CONTENTS
Clause No. Description Page No.
1. Definitions and Interpretations
2. Employers Decisions & instructions
3. Assignment
4. Subcontracting
5. Contract Documents
6. Drawings
7. Errors in Drawings
8. Obligations of the Contractor
9. Contract Agreement
10. Performance Security
11. Contract Price
12. Programme
13. Contractors Representative
14. Contractors Construction Management
15. Compliance with Laws
16. Patents
17. Obligations of the Employer
18. Labour
19. Workmanship and Materials
20. Inspection & Testing
21. Rejection
22. Permission to Deliver
23. Suspension of Works, Delivery of Erection
24. Effects of suspension
25. Time for completion
26. Extension of time for completion
27. Liquidated Damages
28. Tests on Completion
29. Taking over
30. Defects after Taking Over
31. Variations
32. Ownership of Plant
33. Certificates and Payment
34. Claims

46
Clause No. Description
35. Currency and Rates of Exchange
36. Provisional Sums
37. Risk and Responsibility
38. Care of the Works
39. Passing of Risk
40. Damage to Property and injury to Persons
41. Accidents
42. Limitations of Liability
43. Insurance
44. Force Majeure
45. Contractors Default
46. Employers Default
47. Changes in Cost and Legislation
48. Customs
49. Notices
50. Settlement of Disputes
51. Arbitration
52. Taxation
53. Advertising
54. Quantity Variation
55. Progress Report
56. Certificate regarding acceptance of important
conditions
57. For training to be imparted within purchasers
country/ outside country
58. Submission of drawings

47
SECTION-III
CONDITIONS OF CONTRACT
1. Definitions and Interpretations
1.1 Definitions
In the contract (as herein after defined), the following words and expressions
shall have the meanings hereby assigned to them:
1.1.1 Commencement Date means the date of signing of contract.
1.1.2 Conditions means Conditions of Contract.
1.1.3 Contract means agreement between the Employer and the Contract for the
execution of the works incorporating the conditions, specification, Employers
Drawings and Contractors Drawings, price & other completed schedules, Bid,
Letter of Award and such further documents as may be expressly incorporated
in the letter of award.
1.1.4 Contract Agreement means the document recording the terms of the contract
between the Employer and the Contractor.
1.1.5 Contract Price means the sum stated in the letter of Award as payable to the
contractor for execution and commissioning of the works and adjusted, after
optimization, on the basis provided in the contract. It shall be the sum total of
all the amount entered by the contractor in the schedule of prices.
1.1.6 Contractor means the person whose Bid has been accepted by the Employer
and the legal successors in title to the contractor but not (except with the
consent of the Employer) any assignee of the contractor.
1.1.7 Contractors Drawings means all drawings, samples, patterns, models and
operation and maintenance manuals to be submitted by the contractor in
accordance with clause 6 under the contract.
1.1.8 Contractors Equipment means all appliances or things of whatsoever nature
required for the purposes of the works but does not include plant.
1.1.9 Contractor Risk means the risk defined in sub clause 37.3.
1.1.10 Defects Liability Certificates mean the certificate to be issued by the Employer
to the contractor in accordance with sub clause 30.11.
1.1.11 Defects Liability Period means one year following commissioning of line on
load and taking over during which the contractor is responsible for making good
defects and damage in accordance with clause 30.
1.1.12 Employer means the HARYANA VIDYUT PRASARAN NIGAM LIMITED and
the legal successors in title to the Employer but not (except with the consent of
the contractor) any assignee of the Employer.
1.1.13 Employers Drawings means all the drawings and information provided by the
Employer to the contractor under the contract.
1.1.14 Force Majeure has the meaning assigned to it under sub clause 44.1.
1.1.15 Gross Misconduct means any act or omission of the contractor in violation of
the most elementary rules of diligence, which a conscientious contractor in the
same position and under the same circumstances would have followed.
1.1.16 Letter of Award means the formal award by the Employer of the bid
incorporating any adjustments or variations to the bid agreed between the
Employer and the contractor.
48
1.1.17 Performance Security means the security to be provided by the contractor in
accordance with sub clause 10.1 for the due performance of the contract.
1.1.18 Plant means tower, tower parts, line materials, and all things to be provided
under the contract for incorporation in the works.
1.1.19 Programme means the programme to be submitted by the contractor in
accordance with sub-clause 12.1 and any approved revisions thereto.
1.1.20 Provisional Sum means a sum described as such for the execution of works
or for the supply of goods or services, to be used in accordance with sub-clause
36.1.
1.1.21 Risk Transfer Date means the date when the risk of loss or damage to the
works passes from the contractor to the Employer in accordance with sub-
clauses 38.2 & 39.1.
1.1.22 Schedule of Prices means the completed price Schedule or any part or
individual schedule thereof, submitted by the contractor with his bid and forming
a part of the contract documents.
1.1.23 Site means the place or places, where work is to be done by the contractor
or to which Plant is to be delivered, together with so much of the area
surrounding the same as the contractor shall with the consent of the Employer
use in connection with the works, otherwise than merely for the purposes of
access.
1.1.24 Specification means the specification of the works included in bidding
documents and includes the contract and any modification thereof made under
clause 31.
1.1.25 Subcontractor means any person (other than the contractor) named in the
contract for any part of the works or any person to whom any part of the contract
has been subcontracted with the consent of the Employer and the
Subcontractors legal successors in title but not any assignee of the
subcontractor.
1.1.26 Taking-Over Certificate means the certificate to be given by the Employer to
the Contractor in accordance with clause 29.
1.1.27 Bid means the contractors priced offer to the Employer for the execution of
the works.
1.1.28 Tests on Completion means the tests specified in the Contract or otherwise
agreed by the Employer and the contractor to be performed before the works
are taken over by the Employer.
1.1.29 Time for completion means the time stated in the Conditions of Contract for
completing the works or any part thereof and passing the tests on completion
calculated from the commencement date unless extended in accordance with
clause-26.
1.1.30. Variation Order means any written order, identified as such, issued to the
contractor by the Employer under sub clause 31.1.
1.1.31. Works means all Plant to be provided and work to be done by the contractor
under the contract.
1.1.32. Government means the Government of India.
1.1.33. Other Contractor means any party or parties having a direct contract with the
Employer for the work outside the scope of this contract and shall include any
subcontractor of this other Contractor.

49
1.1.34. Engineers shall mean the Chief Engineer (MM), HVPN, Panchkula to act as
Empowered Officer, from time to time for the purpose of the contract.
1.1.35. Unit price It is the individual price of each item in respect of supply, erection &
civil portion inclusive of freight and insurance charges as well as all
duties/taxes/levies/cess etc., if any, excluding GST.
1.2. Written Communication:-
Wherever in the contract provision is made for communication to be Written
or in writing this means any hand-written, type written or printed
communication including telex, cable and facsimile transmission.
1.3. Notice, Consents and Approvals
Wherever in the contract provision is made for giving of notice, consent or
approval by any person, such consent or approval shall not be un - reasonably
withheld. Unless otherwise specified, such notice, consent or approval shall be
in writing and the word notify shall be construed accordingly.
1.4. Costs, Overhead Charges and Profit.
Whenever by these conditions, the contractor is entitled to be paid cost, such
cost shall be properly incurred and shall include any overhead charges, properly
allocable thereto, but not profit unless so stated. Any profit entitlement shall be
added to cost at the percentage of 10%.
1.5. Periods.
In these conditions day means calendar day, however, working day as used
therein means all calendar days excluding Sunday and all legal holidays within
India Month and Year and all dates shall be reckoned according to the
Gregorian calendar.
2. Employers Decisions and Instructions.
2.1 The Contractor shall proceed with the decisions and instructions given by the
Employer or its representative in accordance with these conditions.

2.2 Confirmation in Writing

The Contractor may require the Employer to confirm in writing any decision or
instruction of the Employer which is not in writing. The contractor shall notify
the Employer of such requirement without undue delay. Such a decision or
instruction shall not be effective until written confirmation thereof has been
received by the contractor.
3.0 Assignment
3.1 The contractor shall not assign the contract or any part of his obligations under
the contract without the prior written consent of the Employer (which shall not
be unreasonably withheld). A charge in favour of the contractors bankers of
any monies due under the contract shall not be considered an assignment.
4.0 Subcontracting
4.1 (a) The contractor shall not sub-contract the whole of the works. Except where
otherwise provided by the contract, the contractor shall not sub-contract any
part of the works without the prior written consent of the Employer (which shall
not be unreasonably withheld). Any such consent, if given, shall not relieve the
contractor from any liability or obligation under the contract and he shall be
responsible for the acts, defaults and neglects of any subcontractor, his agents,

50
servants or workmen as fully as if they were the acts, defaults or neglects of the
contractor, his agents or employees.
(b) If any Subcontractor, engaged upon the works either executes any work which,
in the opinion of the Employer, is not in accordance with the contract or, in the
opinion of the Employer, for any other reason is undesirable, the Employer may
require the contractor by written notice to terminate the subcontract and the
contractor shall immediately dismiss the subcontractor and the latter shall
forthwith leave the site.
(c) All correspondence from any Subcontractor to the Employer shall be submitted
only through the contractor. Correspondence by the Subcontractor sent directly
to the Employer will not be acknowledged.
5.0 Contract Documents
5.1 Ruling Language
Where versions of the contract are prepared in different languages, the
English version shall prevail.
5.2 Day to Day communications
The day to day communications shall be in English language only.
5.3 Priority of contract Documents
Unless otherwise provided in the contract the priority of the contract documents
shall be as follows:
1. The letter of award
2. The Technical Specifications
3. Conditions of contract
4. Bidders priced offer
5. Any other documents forming part of the contract

5.4 Documents Mutually Explanatory


Subject to sub-clause 5.3, the contract documents shall be taken as mutually
explanatory. Any ambiguities or discrepancies shall be clarified by the
Employer.
If the contractor considers that compliance with such instructions will result in
any cost, which the contractor could not reasonably have anticipated, he shall
forthwith inform the Employer with full supporting details. The Employer shall
them, if he approves, certify such costs as may be reasonable, together with
profit where appropriate, which shall be added to the contract price.
If on the other hand compliance with such instructions results in lower costs for
the contractor than he had reason to anticipate, the Employer shall certify a
deduction from the contract price allowing for profit where appropriate.
Anything mentioned in the specifications and not shown on the drawings, or
shown on the drawings and not mentioned in the specifications, shall be of like
effect as if shown or mentioned in both. In case of any difference between
scaled dimensions and figures on the drawings, the figures shall prevail. In
case of any difference between drawings and the specifications, the
specifications shall prevail.
6. Drawings
6.1 Contractor s Drawings
The contractor shall submit to the Employer for approval:

51
a) Within the time given in the contract or in the programme such drawings,
samples, models or information as may be called for therein, and in the numbers
therein required, and
b) During the progress of the works, such drawing of the general arrangement and
details of the works as specified in the contract.
The Employer shall signify his approval or disapproval thereof. If he fails to do
so within the time given in the contract or the programme or if no time limit is
specified, within 21 days of receipt, they shall be deemed to be approved.
Approved drawings, samples and models shall be signed or otherwise identified
by the Employer.
The contractor shall supply additional copies of approved drawings in the form
and numbers stated in the contract.
6.2 Consequences of disapproval of Contractors Drawings
Any Contractors drawings, which the Employer disapproves, shall be
forthwith modified to meet the requirements and shall be re-submitted.
6.3 Approved Contractors Drawings.
Approved Contractors drawings shall not be departed from except as provide
in clause 31
6.4 Inspection of Contractors DrawingsThe Employer shall have the right at all
reasonable times to inspect, at the Contractors premises, all contractors
drawings of any part of the works.
6.5 Employers Use of Contractors Drawings
Contractors drawings may be used by the Employer for no other purpose than
completing, operating, maintaining, adjusting and repairing the works.

6.6 Contractors Use of Employers Drawings


The Employers drawings, specification and other information submitted by the
Employer to the Contractor shall remain the property of the Employer. They
shall not, without the consent of the Employer, be used, copied or
communicated to a third party by the contractor unless necessary for the
purposes of the contract.
6.7 Manufacturing Drawings

Unless otherwise specified in the Technical Specifications (Section V) the


contractor shall not be required to disclose to the Employer, the Contractors
confidential manufacturing drawings, designs, know-how or manufacturing
practices processes or operations.
7. Errors in drawings
7.1 Errors in Contractors Drawings
The contractor shall be responsible for any errors or omissions in the
Contractors drawings unless they are due to incorrect Employers Drawings or
other written information supplied by the Employer. Approval by the Employer
of the Contractors drawings shall not relieve the contractor from any
responsibility under this Sub-clause.
The contractor shall bear any costs he may incur as a result of delay in providing
contractors drawings and other information or as a result of errors or omissions
therein, for which the contractor is responsible.

52
The contractor shall at his own cost carry out any alterations or remedial work
necessitated by such errors or omissions for which he is responsible and modify
the contractors drawings and such other information accordingly.
The performance of contractors obligations under this clause shall be in full
satisfaction of his liability under this clause but shall not relieve him of his liability
under sub-clause 27.1.
7.2 Errors by Employer
The Employer shall be responsible for the Employers drawings and for other
written information supplied by him. If such Employers drawings, information or
details are incorrect and necessitate alterations of the work, the Employer shall
pay the Contractor the cost of the alterations together with profit as mutually
agreed.
8. Obligations of the Contractor
8.1 General Obligations

The contractor shall, in accordance with the contract, with due care and
diligence, carry out the works as per the scope of work defined in the Technical
Specifications within the time for completion. The Contractor shall also provide
all necessary contractors equipment, superintendence, labour and all
necessary facilities therefor.
The Contractor shall be deemed to have carefully examined the bidding
documents, the site and the existing installations, as applicable, and to have
satisfied himself as to the nature and character of the work to be executed, the
prevailing meteorological conditions as well as the local uses and conditions
and any other relevant matters and details.
Any information received from the Employer shall not in any way relieve the
contactor from his responsibility for supplying the equipment and material and
executing his work in terms of the contract, including all details and incidental
work and supply of all accessories or apparatus, which may not have been
specifically mentioned in the contract but are necessary for ensuring the
complete installation and a safe and efficient operation of the plant.

8.2 Setting Out


The Contractor shall set out the works in relation to original points, lines and
levels of reference given by the Employer in writing and provide all necessary
instruments, appliances and labour for such purposes.
If, at any time during the execution of the works, any error appears in the
positions, levels, dimensions or alignment of the works, the contractor shall
rectify the error.
The Contractor shall bear the cost of rectifying the error, unless the error results
from incorrect information supplied in writing by the Employer, or from default
by another contractor of the Employer, in which case the cost together with profit
shall be borne by the Employer.
The checking of any setting -out by the Employer shall not relieve the Contractor
of his responsibility for the accuracy thereof.
9. Contract Agreement
The contractor shall execute a contract agreement recording all the terms of the
contract, to be prepared by and completed at the cost of the contractor in the
form provided in section IV.

53
10. Performance Security

The contractor shall obtain a performance security, in the sum of 10% of the
total contract price within 30 days after the receipt of the Letter of Award. The
performance security shall be provided by a person and in a form approved by
the Employer. The cost of complying with the requirements of this clause shall
be borne by the contractor. The security shall be furnished valid initially till the
expiry of the Defects Liability period of 12 months, and shall be extended
appropriately as Defects liability period is extended in accordance with clause
30.4. The value of the performance security shall be reduced to 5% of the total
contract price as soon as the Employer has issued a taking over certificate in
accordance with Sub clause 29.2.
The form of the performance security shall be as provided in section IV of this
bidding document or in some other format that is acceptable to the Employer.
In the event of any change in the contract price, the performance security shall
be adjusted provided that such adjustment shall be subject to the approval of
the Employer. The performance security shall be paid to the Employer on first
demand without conditions or proof.
10.2 Period of Validity
The performance security shall be valid until the contractor has executed,
completed and remedied defects in the works in accordance with the contract.
No claim shall be made against the performance security after the issue of the
Defects Liability Certificate and the performance security shall be returned to
the contractor within 14 days of the issue of the Defects Liability Certificate.
11.0 Contract Price
11.1 Sufficiency of Contract Price
The contractor shall be deemed to have satisfied himself of and taken account
of in his bid:
a. All the conditions and circumstances affecting the contract price.
b. The possibility of carrying out the works as described in the contract.
c. The general circumstances at the site.
d. The general labour position at the site and
e. With respect to the above provision, the contractor shall be deemed to
have also satisfied himself, before bidding, with
- Existing conditions, nature of existing roads and bridges and other means
of access to the site.
- Presence of artificial obstructions on ground or underground or in air,
boulders, or released water from and structures constructed for the
existing sub-station, or the like
- Stability of existing slopes in the site
- Nature of the surface and subsurface on or in which the works are to be
executed or in the immediate vicinity of the works, and the nature and
extent of surface water or water contained in the subsoil by which the
works may be affected under all possible climatic conditions.

If the specification does not contain particulars of materials and works which are
obviously necessary for the proper completion of the works, and the intention to
include, which is nevertheless to be inferred, all such materials and works shall
be supplied and executed by the contractor without extra charge. If the
contractor required additional information, he shall so request in writing to the
Employer, who will provide such detailed information as necessary within a
reasonable time.
54
The contractor shall be responsible for checking the information given in writing
by the Employer for obvious omissions or inconsistencies, and for his
interpretation of information received from whatever source.

11.2 Physical Obstructions and Conditions


If during the execution of the works on site the contractor encounters physical
obstructions or conditions, which could not reasonably have been foreseen by
the contractor, the Employer shall certify, and there shall be added to the
contract price, the additional cost of complying with any instruction which the
Employer, after due consultation with the contractor issues to the contractor in
connection therewith.
12. Programme
12.1 Programme to be Furnished
After award of contract, the successful bidder shall submit its own PERT/BAR
chart indicating the various activities prescribed in Performa attached at
Annexure-XI. The PERT Charts submitted shall be considered and approved
by the empowered officer after discussions with the bidder, if necessary. No
deviation in the completion targets will be accepted. The payments for supply
of equipment and erection portion shall be regulated as per approved PERT
chart.
12.2 Alteration to Programme
No material alteration to the programme shall be made without the approval of
the Employer.
12.3 Revision of Programme
If the progress of the works does not conform to the programme, the Employer
may instruct the contractor to revise the programme.
13. Contractors Representative
13.1 The contractor shall, in addition to a project co-ordinator, employ one or more
competent representatives to superintend the carrying out of the works on site.
They shall be fluent in the language for day to day communications. Their
names shall be communicated in writing to the Employer before work on site
begins.
Any instruction or notice which the Employer gives to the Contractors
representatives shall be deemed to have been given to the contractor.
At least one of the contractors competent representatives on each site shall be
fluent in speaking, writing, reading and understanding English.
13.2 Objection to Contractors Employees
The contractor shall, upon the Employers written instruction, remove from the
works any person employed by him in the execution of the works, who
misconducts himself or is incompetent or negligent.
14. Contractors Construction Management
14.1 Contractors Equipment
The contractor shall provide all contractors equipment haulage & power
necessary to complete the works, including transport at his own cost.
All contractors Equipments shall, when brought on to the site, be deemed to
be exclusively intended for the execution of the works. The Employer shall have

55
lien on all such equipment brought to Site for the purpose of erection, testing
and commissioning of the transmission line.
The contractor shall not remove from the site any such equipment, except:
a) When it is no longer required for the completion of the works, or
b) When the Employer has given his consent.
14.2.1 Safety Precautions
The contractor shall observe all applicable regulations regarding safety on the
site. Unless otherwise agreed, the contractor shall, from the commencement of
work on site until taking over, provide:
a) Fencing, lighting, guarding and watching of the works and
b) Temporary roadways, footways, guards and fences, which may be necessary
for the accommodation and protection of owners and occupiers of adjacent
property, the public and others.
14.2.2 Electricity and Water
The Contractor shall be entitled to use for the purposes of the works such
supplies of electricity and water as may be available on the site and shall
provide any apparatus necessary for such use. The contractor shall pay the
Employer at the applicable tariff plus the Employers overheads, if any, for such
use. Where such supplies are not available, the contractor shall make his own
arrangement for provision of any supplies he may require.
14.3 Employers equipment
The contractor shall pay hire charges as may reasonably be levied for the
Employers equipment, if any, and also provide the transport, haulage, power
etc. at his own cost.
14.4 Clearance of Site
The contractor shall from time to time during the progress of the works clear
away and remove all surplus materials and rubbish. On completion of the works
the contractor shall remove all contractors equipment and leave the whole of
the site and the works clean and in a workmanlike condition, to the satisfaction
of the Employer. The contractor shall obtain prior approval of the Employer to
remove surplus materials.
14.5 Opportunities for other Contractors
The contractor shall in accordance with the Employers instructions, cooperate
with and afford to other contractors engaged by the Employer to work on the
site and persons lawfully so engaged upon the site all reasonable opportunities
for carrying out their work provided that the same shall not obstruct or disturb
the progress of the works. The contractor shall also afford such opportunities to
the employees of the Employer.
14.6 Authority for Access
No persons other than the employees of the contractor and his subcontractors
shall be allowed on the site except with the written consent of the Employer.
Facilities to inspect the works shall at all times be afforded by the contractor to
the Employer and his representatives, authorities and officials.

56
15. Compliance with Laws
15.1 Compliance with Statutes, Regulations.
The contractor shall in all matters arising in the performances of the contract,
comply in all respects with, give all notices and pay all fees required by the
provisions of any national or state statute, ordinance or other law or any
regulations or by law of any duly constituted authority.
The contract shall in all respects be construed and interpreted in accordance
with the laws in force in India, including any such laws passed or made or
coming into force during the period of the contract.
15.2 Compliance with Laws.
The contractor shall comply with the laws of India for manufacturing of
equipment and erection of the lines.
16.0 Patents.
[

16.1 Patent Rights


The contractor shall indemnify the Employer against all claims of infringement
of any patent, registered design, copyright, trade mark or trade name or other
intellectual property right provided that all of following conditions are satisfied:
a) The claim or proceedings arisen out of the design, construction, manufacture or
use of the works or any plant supplied by the contractor.
b) The right was protected at the date of the contract in the contractors country or
the country in which the plant is to be manufactured or erected.
c) The infringement or allegation of infringement was not caused by any use of the
works, otherwise than for the purpose indicated by or reasonably to be inferred
from the specification.
(d) The infringement or allegation of infringement was not caused by the use of
any plant in association or combination with any plant not supplied by the
contractor, unless such association or combination was disclosed to the
contractor prior to the date of the bid.
The infringement or allegation of infringement was not caused by the contractor
following the design or instructions of the Employer.
16.2 Claims in respect of Patent Rights
The contractor shall be promptly notified of any claim under this clause made
against the Employer. The Contractor may at his own cost conduct negotiations
for the settlement of such claim and any litigation that may arise therefrom.
The Employer shall not make any admission which might be prejudicial to the
contractor unless the contractor has failed to take over the conduct of the
negotiations or litigation within a reasonable time after having been so
requested.
The Contractor may not, however, conduct such negotiations or litigation before
he has given the Employer such reasonable security as the Employer may
require. The security shall be for an amount which is an assessment of
the compensation, damages, expenses and costs for which the Employer may
become liable and which are the subject of the indemnity under sub clause 16.1.
The Employer shall, at the request of the contractor, provide all available
assistance for the purpose of contesting any such claim or action and shall be
repaid all reasonable costs incurred in so doing by the contractor.

57
16.3 Payment for Equipment in Patent Dispute
The Employer will not make payment for equipment against which there is an
unresolved claim for patent infringement.
17. Obligations of the Employer
17.1 Access to and Possession of the Site
The Employer shall in reasonable time grant the Contractor access to and
possession of the site, which may, however, not be exclusive to the contractor.
The contractor shall provide at his own cost any access foot pass structures,
bridges and approach to the work sites from public roads in accordance with
the requirement stipulated in the Technical Specification.
17.2 Assistance with local Regulations.
The Employer shall assist to the extent possible the contractor in ascertaining
the nature an extent of any laws, regulations, orders or by-laws and customs
where the plant is to be erected, which may affect the contractor in the
performance of his obligations under the contract. The Employer shall if so
requested procure for the contractor copies thereof where available and
information relating thereto at the contractors cost.
17.3 Consents and Way leaves
The Employer shall within the time indicated by the contractor in his programme
prepared under clause 12 obtain or grant all consents including permits to work,
way leave and approvals required for the works.
18. Labour
18.1 Engagement of Labour
The contractor shall, unless otherwise provided in the contract, make his own
arrangements for the engagement of all labour and for their payment, housing,
feeding and transport.
The contractor shall pay rates of wages and allowances according to the nature
of the works and observe hours and working conditions of his employees, so as
to be no less favourable to the employees than those generally prevailing in the
region where the works are to be carried out. At the same time the contractor
shall observe all regulations prescribed by the law of the Government and shall
strictly comply with any agreement, custom, practice or award relating to the
wages.
The contractor is encouraged, to the extent practicable and reasonable, to
employ staff and labour with the required qualifications and experience form
sources within the region of work.
18.2 Returns of Labour
The Contractor shall submit detailed returns showing the supervisory staff and
the numbers of the several classes of labour from time to time employed by the
contractor and subcontractors on the site. The returns shall be submitted in
such form and at such intervals as the Employers may prescribe.
The contractor shall within twenty four (24) hours of the occurrence of any
accident at or about the site or in connection with the execution of the works
report such accident to the Employer. The contractor shall also report such
accident to the competent authority whenever such report is required by the law.
The contractor shall keep proper wages books and time sheets showing the
wages paid to and the time worked by all workmen employed by him in and for
58
the performance of the contract and shall produce such wages books and time
sheets on demand for inspection by any persons duly authorised by the
Employer and shall furnish to the Employer such information relating to the
wages and conditions of employment of such workmen as the Employer or his
duly authorised representative may from time to time require.
18.3 Restriction on Working Hours.
No work shall be carried out on the Site outside normal working hours or on the
locally recognized days of rest, unless:
a) The contract so provides, or
b) The work is unavoidable or necessary for the saving of life or property or for the
safety of the works, in which case the contractor shall immediately advise the
Employer, or
c) The Employer gives his consent.
18.4 The contractor will be expected to employ on the work only his regular skilled
employees with experience of the particular type or work. No female labour
shall be employed after darkness. No person below the age of eighteen years
shall be employed. In case the owner becomes liable to pay any wages or dues
to the labour or any Government agency under any of the provisions of the
Minimum Wages Act, Workmen Compensation Act, Contract Labour Regulation
Abolition Act or any other law due to act of omission of the Contractor, the owner
may make such payments and shall recover the same from the Contractors
bills.
(b) The contractor should have the labour license as per statutory requirement and
the employment of labour by the contractor shall be enforced as per relevant
legislations.
19. Workmanship and Materials

19.1 Manner of Execution


All plant to be supplied shall be manufactured and all work to be done shall be
executed in the manner set out in the contract.
Where the manner of manufacture and execution is not set out in the contract,
the work shall be executed in a proper and workmanlike manner in accordance
with recognised good practice.
19.2 Covering Up Work
The contractor shall give the Employer full opportunity to examine, measure and
test any work on site which is about to be covered up or put out of view.
The contractor shall give due notice to the Employer whenever such work is
ready for examination, measurement or testing.
The Employer shall then, unless he notifies the contractor that he considers it
unnecessary, without unreasonable delay carry out the examination,
measurement or testing.
19.3 Uncovering Work
If so instructed by the Employer, the Contractor shall expose any parts of the
works. The Contractor shall reinstate and make good such parts to the
Employers satisfaction.
If any parts of the works have been covered up or put out of view by the
Contractor after complying with sub-clause 19.2 and are found to be in
59
accordance with the contract the cost incurred by the contractor in complying
with the Employers instructions including profit shall be certified by the
Employer and added to the contract price. In any other event, all costs shall
be borne by the contractor.

20.0 Inspection & Testing


20.1(a) Independent Inspection
The Employer may, if so provided in the Contract or with the Contractors
consent, delegate inspection and testing of plant to an independent inspector.
20.1 (b) For inspections/ tests to be carried out for equipment offered from within
purchasers country: -

All tour expenses shall be borne by purchaser.

20.1 (c) For inspections/ tests to be carried out for equipment offered from outside
purchasers country;-

It is envisaged that inspection/ testing of all such equipment shall be witnessed.


Each inspection shall be carried out by a team of 2 Engineers nominated by the
purchaser. Their To & Fro travel expenditure from purchasers country to the
place of inspection/testing including all boarding and lodging charges shall be
borne by the contractor.

20.2 Inspection and Testing During Manufacture


The Employer shall be entitled during manufacture to inspect, examine and test
the materials and workmanship and check the progress of manufacture of all
plant to be supplied under the contract. This shall take place on the contractors
premises during working hours. If plant is being manufactured on other
premises, the contractor shall obtain permission for the Employer to carry out
such inspection, examination and testing on those premises.
No such inspection, examination or testing shall release the contractor from any
obligation under the contract.

20.3 Inspection of material & issue of DI


Inspector for the inspection shall be nominated within seven (7) days from
the receipt of inspection call from the contractor. Delay beyond this period
will count towards the Employer. Employer shall issue a certificate for
acceptance of factory tests & issue DI within 15 days of the receipt of
inspection report. Delay beyond this period will count towards delay on
the part of the Employer. The Contractor shall provide the Employer with
three (3) copies of report of all Inspection and tests.

20.4 Facilities for Testing


Where the Contract provides for tests on the premises of the contractor or of
any Sub-Contractor, the Contractor shall provide such assistance, labour,
materials, electricity fuel stores, apparatus and instrument as may be necessary
to carry out the tests efficiently.
21. Rejection

21.1 If, as a result of the inspection, examination or testing referred to in clause 20,
the Employer decides that any plant is defective or otherwise not in accordance
within the Contract, he may reject such plant and shall notify the contract thereof
60
immediately. The notice shall state the Employers objections with reasons.
The Employer shall not reject any Plant for minor defects which do not affect
the commercial operation of such plant.
The contractor shall then with all speed make good the defect or ensure that
any rejected plant complies with the contract.
If the Employer requires such Plant to be retested, the tests shall be repeated
under the same terms and conditions. All cost incurred by the Employer in the
repetition of the tests shall be deducted from the Contract Price.
22. Permission to Deliver
22.1 The Contractor shall apply in writing to the Employer for permission to deliver
any plant or Contractors Equipment to the Site. No Plant or Contractors
Equipment may be delivered to the Site without the Employers written
permission in the form of Material Inspection & Clearance Certificate (MICC) for
Despatch.
The Contractor shall be responsible for the receipt at Site of all Plant and
Contractors Equipment delivered for the purposes of the contract and shall,
upon arrival at site, give a notice to the Employer when and where it has arrived
and/ or been stored.
23. Suspension of Works, Delivery or Erection
23.1 Order to Suspend
The Employer may at any time instruct the Contractor to:
a) Suspend progress of the works, or

b) Suspend delivery of plant or Contractors Equipment which is ready for delivery


to the site at the time for delivery specified in the Programme, or if no time is
specified, at the time appropriate for it to be delivered, or

c) Suspend the erection of plant which has been delivered to the site.
When the Contractor is prevented from delivering or erecting plant in
accordance with the Programme by reason of any delay or failure on the part of
the Employer, or of failure by the Employer to give permission to deliver or by
any cause for which the Employer is responsible, the Employer shall be deemed
to have instructed a suspension provided the contractor has given the notice of
the same within fifteen (15) days of such occurrence and the Employer does
not respond to such a notice by the Contractor.
The Contractor shall during suspension protect and secure the works or plant
affected at the contractors works or elsewhere or at the site, as the case may
be, against any deterioration, loss or damage.
24. Effects of Suspension
24.1 Cost of Suspension
The additional cost incurred by the Contractor in protecting, securing and
insuring the works or Plant and in following the Employers instructions under
sub-clause 23.1 and in resumption of the work, shall be added to the contract
Price except that no such addition to the contract price shall be made if the
suspension or deemed suspension is for a period less than 10 days.
The Contractor shall not be entitled to be paid any additional costs if such
suspension is necessary by reason of a default on the part of the contractor or
for the proper execution, or for the safety of the works or plant, unless such
61
necessity results from any act or default of the Employer or in consequence or
any of the Employers risks.
The Contractor shall not be entitled to additional costs unless he notifies the
Employer of his intention to make such claim, within 10 days after receipt of the
order to suspend progress or delivery or of the date of deemed suspension
under sub-clause 23.1.
24.2 Payment in Event of Suspension
The Contractor shall be entitled to payment as at the date of suspension for
Plant which has not been delivered to Site if the work on Plant or delivery of
Plant has been suspended for more than 3 months.
A certificate of payment shall be issued on condition that:
a) The contractor has marked the plant as the Employers property in
accordance with the Employers instructions, and
b) The suspension is not due to the contractors default.
24.3 Prolonged Suspension
If suspension under clause 23.1 has continued for more than 180 days and the
suspension is not due to the Contractors default, the Contractor may give notice
to the Employer requiring permission to proceed with the works within 30 days.
If permission is not granted within that time, the Contractor may treat the
suspension as an omission under clause 31 of the portion it affects, or if the
suspension affects the whole of the works, terminate the contract and the
provisions of clause 46 shall apply.
24.4 Resumption of work
If the Contractor chooses not to treat prolonged suspension as an omission or
termination under sub-clause 24.3 the Employer shall upon the request of the
contractor, take over the responsibility for protection, storage, security and
insurance of the suspended works and of the plant which has been delivered to
the Site and which is affected by suspension and the risk of loss or damage
thereto shall thereupon pass to the Employer.
After receipt of permission or an order to proceed, the Contractor shall, after
due notice to the Employer, examine the works and the plant affected by the
suspension. The contractor shall make good any deterioration or defect in or
loss of the works or plant that may have occurred during the suspension. Cost
properly incurred by the contractor which would not have been incurred but for
the suspension shall be added to the contract price together with profit.
The Contractor shall not be entitled to payment for costs incurred in making
good any deterioration, defect or loss caused by faulty workmanship or
materials or by the Contractors failure to take the measures specified in sub-
clause 23.1.
If the Employer has taken over risk and responsibility for the suspended works
under the sub clause, risk and responsibility shall revert to the Contractor 15
days after receipt of the permission or order to proceed.
25 Time for Completion
25.1 All the works covered under the contract shall be completed and
commissioned within period mentioned in scope of bid (clause 1.1) from
the date of signing of contract (i.e.15 months as indicated). The contract
agreement will be signed within 30 days of issue of Letter of Award (LOA). In
case, there is delay in signing of contract, the contractual completion period will
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be counted from the 30th day of issue of letter of award, irrespective of the
reason of delay in signing of the contract.
25.2 The Contractor immediately after letter of award is required to start the work of
route survey & route alignment of transmission line at sites. At the same time stub
sets, Form boxes, sag templates etc. in sufficient quantity will also be arranged.
All approvals required from the owner for this purpose will be sought immediately
after signing of contract. The vendors for equipment will be finalised,
equipment drawings will be submitted for approval without delay if any. It is
expected that the contractor will commence the construction activity at sites
within 1 month and the equipment will start arriving at sites within 2 months of
letter of award.
The physical execution of the work should commence within 1 month of
award of the contract and the receipt of material should be matched with
the erection schedule. Atleast 75% of the tower erection work and
stringing/sagging of conductor should be completed at least 2 months
prior to the scheduled date of completion.
The contractor shall provide for proper checks and balances to ensure timely
completion of the turn-key contract.
The project execution shall be carried out by the contractor in a logical
Stage-by-Stage sequence in line with the stages prescribed under para 25.1,
so as to complete the work in accordance to the provision under para 25.2
However, changes can be made in the otherwise logical sequence of the
construction activities, if necessary and required by the circumstances e.g. non-
availability of clear site etc.
26. Extension of Time for completion.
Time Extension procedure/guidelines.
a) A hindrance register (HR) shall be maintained for each Sub-Station/Line
being constructed with SDO (Const.) concerned. The status of construction
including hindrances if any shall be recorded daily by JE/SDO on behalf of
the Nigam. The contractor may also make an entry in the hindrance register.
b) CE/TS concerned will hold a monthly meeting to review the hindrances and
progress in the presence of SE/TS, SE/Civil, Xen/TS, Xen/Civil and
contractor. The report of the committee shall be sent to CE/MM for record
and reference which shall include the following:-
i) A Copy of the hindrance register.
ii) Progress up to date including cumulative progress since last month.
iii) The delay on part of HVPNL or contractor with necessary
documents, if any.
iv) Any other issue.

The data in various offices of TS wing shall be maintained as per the formats
attached as Annexure IV to VII of COC over and above the hindrance
register as already indicated above.
c) Similarly CE/MM will also hold a monthly meeting to review the hindrances
and progress in respect of project execution in presence of SE/MM, FA/MM,
Xen/MM, SE/ Design, SE/ Civil Design, Xen/ Design(s) and contractor. The
report of the committee shall include any delays on part of the contractor and
Nigam regarding following:-
i) Vendor approval,
ii) Drawing/design approval,
iii) Deputation of inspecting officer/dispatch authorization (if applicable),
iv) Quantity variation,

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v) Payments.
vi) Any other issue.
d) The data in various offices of MM wing shall be maintained as per the formats
attached as Annexure I to III of COC.
e) The reports of both the committees shall be compiled monthly by concerned
AE procurement in separate file and this will be the authentic record for
dealing with the time extension cases on completion of the projects within 3
months of its submission by the contractor.
f) The cases of time extension shall be approved by SPC for granting extension
up to 30 days and for more than 30 days, the cases shall be approved by
WTD.
g) In order to keep the contract alive after expiry of contractual period,
Provisional Time extension will be granted by CE/MM in all such cases
without going into merit. Such Provisional Time Extension will be without
prejudice to the obligation of the contractor under contract and further without
prejudice to HVPNLs right to levy LD and other right under the contract
clearly indicated in the Performa of Provisional Time Extension (Annexure-
VIII) of COC.
h) The cases for the time extension shall be decided on the following basis.
A. Reasons which can be attributed to employer for which condonation of
delay is allowed for time extension case:
(i) Shifting of zero date due to not handing over of clear site by HVPNL or
other local problems or any other valid reasons not attributable to the
contractor.
(ii) Extreme change in GELO by HVPN which may change entire
orientation of the substation and work cannot be started.
(iii) Agitation and genuine ROW problem due to which entire construction
activities remained held up.
(iv) Force Majeure conditions as defined in the Contract.
(v) Delay due to crossing of Railway, Power Line, Highway etc. and forest
clearance case may be considered on merit keeping in view the time
taken for initiating the case by the contractor and final approval and
also keeping in view that all the parallel activity must have been
completed.
(vi) Regarding approval of vendor, HVPNL will convey comments if any on
the request of the contractor within 10 days. Delay beyond 7 days for
reply to the comments of the department by the contractor will count
towards delay on the part of the contractor. Similarly, delay beyond 10
days after the receipt of final reply from the contractor will count towards
delay on the part of the department.
(vii) Regarding approval of drawing/GELO (in case of revision only), HVPN
will approve or comment on the Drawings submitted by the contractor
within 28 days. The delay beyond 21 days (including postal time both
ways) for reply to the comments of HVPN will count towards delay on
the part of the contractor. Similarly delay in approval beyond 21 days
after the receipt of reply from the contractor will count towards delay on
the part of the department.
(viii) Regarding inspection of material & issue of DI, Inspector for the
inspection shall be nominated within 7 days from the receipt of
inspection call from the contractor. Delay beyond this period will count
towards the department. HVPNL shall issue a certificate for acceptance
of factory tests & issue DI within 15 days of the receipt of inspection
report. Delay beyond this period will count towards delay on the part of
the department.
(ix) Any other unforeseen reason due to which work remained halted.
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B. Reasons which cannot be attributed to employer for which condonation
of delay is not allowed for time extension case:
(i) Standing crops/ water in the field, since the total completion period of
the project has already been fixed after considering these factors.
(ii) Stray incidence of ROW due to interruptions by residents which has
been resolved through help of Administration.
(iii) Period of ROW when parallel activity is available on the portion out of
ROW area.
(iv) Small changes in GELO, showing shifting of foundation, minor
increase/decrease in scope etc which is not yet started/ executed and
sufficient parallel activity is available.

C. Reasons attributable to the Contractor:


(i) Delay in mobilization.
(ii) Delay in submission of drawings, finalization of sub-vendors and supply
of material/ equipment.
(iii) Fulfillment of the Contractors other obligations under the Contract, etc.
D. The proposal for time extension and decision on LD shall, accordingly,
contain a detailed analysis indicating reasons & period of delay on each
account as outlined above, along with documentary evidence thereof to the
extent feasible and relevant. Based on the analysis, the period of delay due
to Force Majeure and for reasons attributable to HVPNL shall be identified.
The idea of the exercise is to find out the net delay, which is attributable to
the contractor. All the three types of delay mentioned above are so much
mixed up/intermingled, with one running concurrently with another, at
intermittent stages, that it becomes extremely difficult to directly identify the
delay attributable to the contractor. As such, a practicable approach for
working out the net delay attributable to the contractor, as described below,
shall be adopted:
(i) Total delay that has occurred in a Contract =A
(ii) Cumulative period of delay on account of Force Majeure =B
(iii) Cumulative period of delay on account of HVPNL = C
(iv) Concurrent cumulative period in ( ii) &( iii) = X
(v) Time requirement for the execution of the portion of ROW on
proportionate basis = Y
(vi) Cumulative period of delay on account of Force Majeure and HVPNL
= (B+C)-(X+Y)
(vii) Net period of delay attributable to the contractor, Z= A-{(B+C)-(X+Y)}
E. While calculating the period of delay, which should be considered for
extending the contract completion period, for the reasons attributable to
HVPNL or due to Force Majeure, all efforts will be made to objectively work
out/analyze whether a delay in a particular activity has really contributed in
extending the completion period of the contract. This is important in view of
the fact that a number of activities of a contract undergoing delay may not
have impact on overall delay as subsequent site activities are not entirely
dependent upon them. All such delays, which are not found to be directly
contributing in extension of completion period will, therefore, be ignored.
Moreover, there may be a situation in which the impact of some of delays in
intermediate activities may not be feasible to be objectively determined. In
all such cases, a practical view will be taken and a judicious assessment of
overall impact will be made on the basis of normal prudence.

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In order to deal with ROW cases, the total time taken will be calculated by
adding time taken to execute the work clear of ROW and the time required
for executing ROW portion of the work on proportionate basis. For example:-
If a contractor has executed 60% clear work in 9 months and 40% work is
under ROW for which he has taken 12 months. In this case the time required
for execution of ROW portion on proportionate basis will be 6 months and
total time taken will work out to be 15 months which will help in deciding that
and any time taken beyond this ( i.e. 21 15 = 6 months) will be condoned.
F. In case the period Z, arrived at as per para 3-D (vii) above, is not positive,
the time extension, till the actual completion of the works/ supplies, shall be
allowed without any LD.
G. In case the period Z, arrived at as per para 3-D (vii) above, is positive,
amount of LD as worked out for a period of Z, based on the provisions of
the Contract will be levied.
H. In order to properly carry out analysis of delays in execution of a
contract/project, it is imperative that date wise record of various activities
right from award of contract to completion of works/ supplies is meticulously
and systematically maintained by concerned Depts. in respect of areas
under their responsibility.

Applicability and Procedure:-


a. Applicability
The above policy shall be applicable to the projects to be awarded hence
forth. However, for old contracts the present practice of obtaining the
comments of CE/TS and all other concerned offices shall continue and
the cases shall be considered by SPC of MM on merit.
b. Procedure
The contractor shall apply for condonment of the delay in execution of
project within 45 days after completion of the project and the same shall
be decided by HVPN within 3 months from the date of receipt of the case.
27 LIQUIDATED DAMAGES FOR DELAY IN COMPLETION
The total amount of liquidated damages for delay under the contract will be
subject to a maximum 8% of the Contract price of the works not commissioned
in time.

In addition, if the Contractor fails to perform the work within the specified period
given in the Award Letter or any extension thereof, with respect to successful
completion of testing & commissioning of sub-stations, the Contractor shall pay
to the Employer liquidated damages as under:-

1st week to 8th week or part thereof 0.25% per week 2% Max
9th week to 20th week or part thereof 0.50% per week 6% Max
Total 8%

However, the amount of liquidated damages for the contract be limited to a


maximum of Eight percent (8%) of the total contract price of the works not
commissioned in time.

In case where works/supplies extend beyond the contractual completion


period, the amount towards LD shall not be withheld/ retained from the
RA/supply bills. The same shall however be withheld/ retained from the
pending bills/retention money after payment of 90% of the contract amount to
the contractor. In case the LD is not recovered in full, the same shall be

66
recovered from payments due to the contractor in other contracts being
executed in HVPNL.
28. Tests on Completion
28.1 Notice for Tests
The Contractor shall give to the Employer 21 days notice of the date after which
he will be ready to make the tests on completion (the tests) unless otherwise
agree, the tests shall take place within 15 days after the said date on such day
or days as the Employer shall notify to the contractor.
28.2 Time of Tests
If the Employer fails to appoint a time after having been asked to do so, or does
not attend at the time and place appointed, the contractor shall be entitled to
proceed with the tests in his absence. The tests shall then be deemed to have
been made in the presence of the Employer and the results of the Tests shall
be accepted as accurate.
28.3 Delayed Tests
If the Tests are being unduly delayed by the Contractor, the Employer may by
notice require the contractor to make the tests within 21 days after the receipt
of such notice. The Contractor shall make the Tests on such days within that
period as the contractor may fix and of which he shall give notice to the
Employer.

If the Contractor fails to make the Tests within 21 days, the Employer may
himself proceed with the tests. All tests so made by the Employer shall be at
the risk and cost of the Contractor and the cost thereof shall be deducted from
the contract price. The tests shall then be deemed to have been made in the
presence of the Contractor and the results of the tests shall be accepted as
accurate.
28.4 Facilities for Tests on Completion
The Contractor, except where otherwise specified, shall arrange such labour,
materials, fuel, water, stores and apparatus as may be reasonably required to
carry out such Tests efficiently.
28.5 Retesting

If the works or any portion thereof fails to pass the Tests, the Employer or the
contractor may require such tests to be repeated on the same terms and
conditions. All costs to which the Employer may be put by the repetition of the
Tests under this Sub-Clause or under Sub-Clause 30.7 shall be deducted from
the Contract Price.
28.6 Disagreement as to Result of Tests
If the Employer and the Contractor disagree on the interpretation of the Test
results, each shall give a statement of his views to the other within 15 days after
such disagreement arises. The statement shall be accompanied by all relevant
evidence. If no agreement is reached between the Employer and Contractor
within 15 days thereafter, either party will be entitled to take recourse to the
procedure laid down under sub-clause 50.2.

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28.7 Consequences of Failure to Pass Tests on completion
If the works or any portion thereof fails to pass the tests or the repetition thereof
under sub-clause 28.5, the Employer after due consultation within the
contractor, shall be entitled to:
a) Order one further repetition of the tests under the conditions of Sub-Clause
28.5, or
b) Reject the works or portion thereof in which event the Employer shall have
the same remedies against the contractor as are provided under sub-clause
30.5 (c ), or
c) Issue a taking over certificate, if the Employer so wishes, notwithstanding
that the works are not complete. The contract price shall then be reduced
by such amount as may be agreed by the Employer and the contractor or,
failing agreement, as may be determined by arbitration.
28.8 Use by the Employer
In considering the results of tests carried out under sub-clauses 29.3, 29.4 and
30.7 the Employer shall make allowances for the effect of any use of the works
by the Employer on the performance or other characteristics of the works.
28.9 Test Certificate
As soon as the works or any portion thereof has passed the Tests, the Employer
shall issue a Certificate to the Contractor to that effect.
29. Taking over
29.1 The works shall be taken over by the Employer when the work of erection,
stringing and sagging of transmission line and energisation of line at rated
voltage have been completed in accordance with the contract, except in minor
respects that do not affect the use of the works for their intended purpose, have
passed the Tests on completion and taking over certificate has been issued or
deemed to have been issued in accordance with Sub-clause 29.2.
29.2 Taking-Over Certificate
The Contractor may apply by notice to the Employer for a Taking-over certificate
not earlier than 15 days before the works will in the Contractors opinion be
complete and ready for taking over under sub-clause 29.1
The Employer shall within 45 days after the receipt of the contractors
application either:
a) Issue the Taking-over certificate to the Contractor stating the date on which
the works were complete and ready for taking over, or
b) Reject the application giving his reasons and specifying the work required
to be done by the contractor to enable the taking over certificate to be
issued.
If the Employer fails either to issue the Taking-Over Certificate or to reject the
Contractors application within the period of 45 days he shall be deemed to have
issued the taking over certificate on the last day of that period.
29.3 Use before taking over
The Employer shall not use any part of the works unless a Taking-Over
Certificate has been issued in respect thereof.
If nevertheless the Employer uses any part of the works, that part which is used
shall be deemed to have been taken over on the date of such use. The

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Employer shall on request of the Contractor issue a TakingOver certificate
accordingly. If the Employer uses any part of works before taking over, the
contractor shall be given the earliest opportunity of taking such steps as may
be necessary to carry out the Tests on completion.
The provisions of Sub-Clause 27 shall not apply to any part of the Works while
being so used by the Employer. Clause 30 shall apply as if part had been taken
over on the date it was taken into use.
29.4 Interference with tests on Completion
If the contractor is prevented from carrying out the Tests on Completion by an
act of the Employer without assigning any valid reason, the Employer shall be
deemed to have taken over the works on the date when the tests on completion
would have been completed but for such prevention subject to mutual
agreement between the Employer & the contractor, shall issue a taking-over
certificate accordingly.
The works shall not be deemed to have been taken over, if they are not
substantially in accordance with the contract
If the works are taken over under this clause, the contractor shall nevertheless
carry out the tests on completion during the defects liability period. The
Employer shall require the tests on completion to be carried out by 15 days
notice and in accordance with the relevant provisions of clause 28.
Any additional costs to which the contractor may be put in making the tests on
completion during the defects liability period, shall be added to the contract
price.
30. Defects after taking over
30.1 Defects Liability Period
The defects liability period will be 12 months from the date of commissioning of
transmission line.
30.2 Making good defects
The contractor shall, subject to sub-clause 30.9, be responsible for making good
any defect in or damage to any part of the works which may appear or occur
during the defects liability period and which arises from either:
(a) Any defective materials, workmanship or design, or
(b) Any act of omission of the contractor during the Defects liability period.
The Contractor shall make good the defects or damage as soon as practicable
and at his own cost to match the original specification to the satisfaction of the
Employer.
30.3 Notice of Defects
If any such defect shall appear or damage occur, the Employer shall forthwith
inform the contractor thereof stating in writing the nature of the defect or
damage. The provisions of clause 30 shall apply to all replacements or renewals
carried out by the contractor to remedy defects and damage as if the said
replacements and renewals had been taken over on the date they were
completed to the satisfaction of the Employer, but not so as to extend the
defects liability period in respect thereof beyond three (3) years from the date
of taking over.

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30.4 Extension of Defects Liability period
The Defects Liability period shall be extended by a period equal to the period
during which the works (or that portion thereof in which the defect or damage to
which the clause applies has appeared or occurred) cannot be used by reason
of the defect or damage but not so as (in the case of any further defect or
damage to such portion occurring during any such extension), to extend the
Defects Liability period for the works or that portion beyond three (3) years from
the date of taking over.
When erection or delivery of Plant has been suspended under Sub-clause 23.1,
the contractors obligations under this clause shall not apply to any defects
occurring more than three years after it would have been delivered but for the
suspension period.
30.5 Failure to Remedy Defects
If the Contractor fails to remedy a defect or damage within a reasonable time,
the Employer may fix a final time for remedying the defect or damage.
If the Contractor fails to do so, the Employer may:
a) Carry out the work himself or by others at the contractors risk and cost,
provided that he does so in a reasonable manner.
b) The contractor shall pay to the Employer the cost of the work carried out
in accordance with the sub para (a) above, within 15 days of receipt of
the notice thereof from the Employer, or
c) If the defect or damage is such that the Employer has been deprived of
substantially the whole of the benefit of the works or a part thereof, he
may terminate the contract in respect of such parts of the works as
cannot be put to the intended use. The Employer shall to the exclusion
of any remedy under clause 45 be entitled to recover from the contractor
all sums paid in respect of such parts of the works together with the cost
of dismantling the same, cleaning the site and returning plant to the
Contractor or otherwise disposing of it in accordance with the
Contractors instructions.
30.6 Removal of Defective work
If the defect or damage is such that repairs cannot be expeditiously carried out
on the site, the contractor may with the consent of the Employer remove from
the site for purposes of repair any part of the works which is defective or
damaged after furnishing adequate security to the satisfaction of the Employer.
30.7 Further Tests on Completion
If the replacements or renewals are such that they may affect the performance
of the works, the Employer may request that Tests on completion be repeated
to the extent necessary. The request shall be made by notice within 30 days
after the replacement or renewal. The Tests shall be carried out in accordance
with Clause 28.
30.8 Right of Access
Until the Defects Liability Certificate has been issued, the contractor shall have
the right of access to all parts of the works and to records of the working and
performance of the works.
Such right of access shall be during the Employers normal working hours at the
Contractors risk and cost. Access shall also be granted to any duly authorised

70
representative of the contractor whose name has been communicated in writing
to the Employer.
Subject to the Employers approval, the Contractor may also at his own risk and
cost make any tests which he considers desirable.
The aforesaid right of access shall also be subject to the Contractor not
interfering with or affecting adversely the intended use of the works.
30.9 Defects in Employers Designs.
The Contractor shall not be liable for any defects resulting from designs
furnished or specified by the Employer.
30.10 Contractor to Search
The Contractor shall, if required by the Employer in writing, search for the cause
of any defect, under the direction of the Employer. Unless the defect is one for
which the contractor is liable under this clause, the cost of the work carried out
by the contractor in searching for the cause of the defect shall be added to the
contract price.
30.11 Defects Liability Certificate
When the Defects Liability period for the works or any part thereof was expired
and the contractor has fulfilled all his obligations under the Contract for defects
in the works or that part, the Employer shall issue within 28 days to the
Contractor a defects Liability Certificate to that effect.
30.12 Exclusive Remedies
Except in the case of Gross Misconduct, and/or latent defect (s) arising within a
period or five year from taking over, the Employers remedies under this clause
shall be in place of and to the exclusion of any other remedy in relation to defects
whatsoever.
31 Variations
31.1 Employers Right to Vary
The Employer may be Variation order to the contractor at any time before the
works are taken over, instructs the contractor to alter, amend, omit, add to or
otherwise vary any part of the works.
The Contractor shall not vary or alter any of the works, except in accordance
with a variation order form the Employer. The Contractor may, however, at any
time propose variations of the works to the Employer.
31.2 Variation order Procedure
Prior to any Variation Order under Sub-clause 31.1, the Employer shall notify
the contractor of the nature and form of such variation.
As soon as possible after having received such notice, the contractor shall
submit to the Employer:
a) A description of work, if any, to be performed and a programme for its
execution, and
b) The Contractors proposals for any necessary modifications to the
Programme according to Sub-Clause 26.1 or to any of Contractors
obligations under the Contract, and
c) The contractors proposals for adjustment to the contract price.

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Following the receipt of the contractors submission, the Employer shall, after
due consultation with the contractor, decide as soon as possible whether or not
the variation shall be carried out.

If the Employer decides that the variation shall be carried out, he shall issue a
variation order clearly identified as such in accordance with the Contractors
submission or as modified by agreement. If the Employer and the Contractor
are unable to agree to the adjustment of the contract price, the provisions of
subclause 31.3 shall apply.
31.3 Disagreement on Adjustment of the Contract Price
If the contractor and the Employer are unable to agree on the adjustment of the
contract price, the adjustment shall be determined in accordance with the rates
specified in the schedule of prices.
If the rates contained in the schedule of prices are not directly applicable to the
specific work in question, suitable rates shall be established by the Employer
reflecting the level of pricing in the schedule of prices.
Where rates are not contained in the said schedule, the amount shall be such
as in all the circumstances reasonable. Due account shall be taken of any over
or under recovery of overheads by the contractor in consequence of the
variation.
The Contractor shall also be entitled to be paid:
a) The cost of any partial execution of the works rendered useless by any such
variation, and
b) The cost of making necessary alterations to plant already manufactured or
in the course of manufacture or of any work done that has to be altered in
consequence of such a variation.
The Employer shall on this basis determine the rates or prices to enable on
account payment to be included in certificates of payment.
31.4 Contractor to Proceed
On receipt of a Variation Order, the contractor shall forthwith proceed to carry
out the variation and be bound to these conditions in so doing as if such
variation was stated in the contract.
The work shall not be delayed pending the granting of an extension of the Time
for completion or an adjustment to the Contract price under sub-clause 31.3
31.5 Records of Costs
In any case where the contractor is instructed to proceed with a variation prior
to the determination of the adjustment to the contract Price in respect thereof
the contractor shall keep records of the cost of undertaking the variation and of
time expended thereon. Such records shall be open to inspection/verification by
the Employer at all reasonable times.
32. Ownership of plant
Plant to be supplied pursuant to the contract shall become the property of the
Employer at whichever is the earlier of the following times.
a) When Plant is delivered to Site or.
b) When by virtue of Sub-Clause 24.2 the contractor becomes entitled to
payment of the value of the Plant.

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33. Certificates and payment
33.1 Terms of payment
Interest bearing mobilization advance equal to 10 % of the contract value may
be made on request by the turnkey contractor subject to fulfillment of following
conditions: -
a). Interest bearing Mobilization advance:
1st instalment of Advance payment to the extent 2% at the time of signing
of contract.
2nd instalment of Advance payment to the extent 2% at the time of opening
of site office.
3rd instalment of Advance payment to the extent 6% on submission of
invoice and proof by the contractor that civil subcontractor is appointed.
This advance shall be subject to fulfillment of following conditions:
i) Submission of an unconditional and irrevocable Bank Guarantee for the
equivalent amount of initial advance valid upto contractual completion
period.
ii) Submission of an unconditional and irrevocable Performance Bank
Guarantee equivalent to 10% of the contract value. BG submitted by the
contractor in lieu of mobilization advance can be reduced to the amount
pending to be paid to the Nigam on account of advance at a given time i.e.
if payment is recovered from the bill then simultaneously, the firm will be
allowed to revise the amount of bank guarantee in five equal instalments.
Firm can submit 5 Nos. BGs of equal amount for the total amount of
advance to be taken from the Nigam.
iii) Submission of an undertaking that they will mobilize construction gangs
within one month of receipt of advance which will include deployment of
labour and construction T&P, commencement of route survey work of the
lines, opening of site office, placement of orders of major equipment etc.
iv) The advance shall bear an interest rate equal to PLR of SBI for quarterly
compounded scheme, prevailing at the time of payment of mobilization
advance. The interest on outstanding amount will be calculated at the end
of each calendar month and will be recovered from the invoices to be
submitted for payment in the next calendar month by the contractor.
v) The amount of advance will be recovered @ 20 % of the value of each invoice
submitted by the contractor for payment. The Bank Guarantee submitted by
the contractor for mobilisation advance will be released in 5 equal
instalments after the amount of advance is recovered from the contractor.
vi) The payment of mobilisation advance is optional. The contractor has the
option of taking the interest-bearing interim advance or otherwise which he
should indicate at the time of bid finalisation.
b) Payment for line material:
90% payment of the unit Price along with payable GST after deducting
mobilisation advance @ 20% of the bill amount and upto date accrued interest
thereon shall be paid within 30 days after receipt of material in site stores, but after
verification by the concerned XEN. The payment shall be made on submission of
following documents by the supplier to FA&CAO/MM, HVPNL, Panchkula:-

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i) Documentary evidence of handing over of material at the contractors site store,
to HVPN and its reissue to the contractor against indemnity bond for execution
of work.
ii) Contractors detailed invoice.
iii) Detailed packaging list.
iv) Insurance Policy/ Certificate.
v) Dispatch authorization issued by the employer.
vi) Sequential certificate.
PROPOSED STAGES DEFINED FOR ISSUE OF SEQUENTIAL CERTIFICATES
Issuance of Sequential Certificate i.r.o. following items are only proposed to be
necessary for payment of the equipment which shall be issued by the concerned
XEN/TS as per conditions defined. The stages for issuance of sequential
certificates are as under:-

a. FOR TRANSMISSION LINES:-

S. No. Name of Equipments Stage for issue of Sequential Certificate


1 Foundations/Stubs No Sequential
2 Tower Payment of towers upto approved route plan
and upto double the number of foundations
casted
3 Conductor and its fittings Payment after casting of 50 % of foundations
and 25 % of the erection of tower

S. No. Name of Equipments Stage for issue of Sequential Certificate


1. Towers and Equipment Completion of 50% of foundations in the
structures switchyard

FOR XLPE POWER CABLES:-

There will not be any sequential for cables, however cable shall only be paid after
approval of corresponding route plan of cables.

c) Payment for Erection & Civil Services:


90% payment of the unit price along with payable GST after deducting
mobilization advance @ 20% of the bill amount and upto date accrued interest
thereon shall be paid within 30 days of submission of erection bill by the
contractor to concerned SDO/SSE. The payment shall be made by FA & CAO
(MM) after certification by the concerned Xen (TS).

The payment of any activity completed earlier than the period stipulated in
PERT chart will be released as per schedule of erection in the approved PERT
chart.
d) Retention Money:-

i) Five percent (5%) of the total price shall be paid within 30 days on Successful
completion of erection, testing, commissioning and taking over the works by HVPN
at rated voltage.
In case if the work of transmission lines has been completed but could not be
commissioned due to non- availability of sub -station than 2% out of the above 5%
will be retain which will be released after commissioning of transmission lines at
rated voltage.

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ii) Remaining Five Percent (5%) of the total price shall be paid after 30 days of
submission of completion certificate issued by XEN/TS immediately after 3 months
from taking over certificate along with quantification of left over works/ punch points
for recovery.
The works left out at the time of taking over shall be completed within 3 months
failing which left over work/ punch points indicated in completion certificate will be
get done by HVPNL and for civil works the amount 3 times of (HSR+ Ceiling
Premium) and for electrical or other left out works the amount 3 times the estimated
cost based on rate list/Market rate will be recovered from the 5 % retention money
and Bank guarantee if required.
33.2 Delivery and documents
i) Copies of the contractors invoice showing letter of award, reference goods
description, quantity dispatched, unit price, total amount. (4 copies).
ii) Packing list identifying contents of each package (4 copies)
iii) Receipted LR dully verified by SDO/Const.
iv) Manufacturers/Contractors guarantee certificate of quality
v) Material inspection clearance certificate (MICC) for dispatch issued by the
Employers representative and the contractors factory inspection report (2 Copies)
and insurance certificate (2 copies) and
vi) Certified of origin (2 copies).
vii) The certificate from concerned Xen/TS on the specified format indicating that
the material is required sequential to related erection and civil activities.

The above documents should reach the Employer within seven days from the date
of shipment to enable the Employer to make timely payment to the contractor
33.3 Packing
The Contractor shall provide such packing of the material as is required to
prevent their damage or deterioration during transit to their destination as
indicated in the contract. The packing shall be sufficient to withstand, without
limitation, rough handling during transit and exposure to extreme temperatures
salt and precipitation during transit and open storage, packing case size and
weights shall take into consideration, where appropriate, the remoteness of the
goods final destination and the absence of heavy handling facilities at all points
in transit.
The packing, marking and documentation within and outside the packages shall
comply strictly with special requirements as shall be expressly provided for in
the contract and in any subsequent instructions given by the Employer.
33.4 Indemnity Bond
For the material to be provided by the Contractor, it will be the responsibility of
the contractor to take delivery unload and store the materials at site and execute
an indemnity bond, trust receipt and obtaining authorisation letter from
Employer as per Performa given at section IV in favour of the Employer against
loss, damage and risk involved for the full value of the materials. The indemnity
bond shall be furnished by the contractor before commencement of the supplies
and shall be valid till the scheduled date of testing, commissioning and handling
over of the line to the Employer.
33.5 Issue of Certificate of payment:
Within 21 days after receiving an application for payment, which the contractor
was entitled to make the Employer shall issue a certificate of payment to the
A certificate of payment, other than Final certificate of payment, shall not be
withheld on account of: -

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a) Defects of a minor character which are not such as to affect the use of the works,
or
b) Any part of the payment applied for being disputed. In such case a certificate
of payment for the undisputed amount shall be issued.
33.6 Corrections to Certificates of Payment.
The Employer may in any certificate of payment make any correction or
modification that should properly be made in respect of any previous
certificates.
33.7 Application for Final Certificate of Payment.
The Contractor shall make application to the Employer for the final certificate of
payment within 30 days after the issue of Taking over certificate by the
Employer.
The application for the final certificate of payment shall be accompanied by a
final account prepared by the contractor & reconciled with the Employer. The
final account shall give full details of the value of all plants supplied and work
done under the contract together with.

a) Such additions to or deductions from the contract price as have been


agreed, and
b) All claims for additional payment to which the contractor may consider
himself entitled.
33.8 Issue of Final Certificate of Payment:-
The Employer shall issue to the contractor, the final certificate of Payment within
30 days after receiving an application from the contractor.
33.9 Final certificate of payment conclusive
A final certificate of payment shall be conclusive evidence of the value of the
works, that the works are in accordance with the contract and that the contractor
has performed all his obligations under the contract except the obligations
arising during the defects liability period.
Payment of the amount certified in the final certificate of payment shall be
conclusive evidence that the Employer has performed all his obligations under
the contract.
A Final certificate of payment or payment shall not be conclusive:-
a) to the extent that fraud or dishonesty relates to or affects any matter dealt with
in the certificate, or
b) if any, arbitration or court proceedings under the contract have been
commenced by either party before the expiry of 90 days after the issue of the
final certificate of payment.
c) In the event of any defects being noticed during the defects liability period.
33.10 Failure to provide drawings:-
Should the contractor fail to provide drawings, diagrams, microfilms or other
information forming part of the works, at the times specified in the contract, the
payment which becomes due to the contractor in accordance with the contract
will be delayed by a period of time equal to the delay in providing the
information.

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34. Claims
34.1 Procedure
In any case where under these conditions, there are circumstances which the
contractor considers entitle him to claim additional payment, the contractor
shall:-
a) if he Intends to make any claim for additional payment give to the Employer
notice of his intention to make such claim with 30 days after the said
circumstances became known to the contractor stating the reasons for his
claim, and
b) as soon as reasonably practical after the date of such notice submit to the
Employer full and detailed particulars of his claim but not later than 180 days
after such notice unless otherwise agreed by the Employer. In any event, such
particulars shall be submitted no later than the application for the final certificate
of payment. The contractor shall thereafter promptly submit such further
particulars as the Employer may reasonably require to assess the validity of the
claim.
34.2 Assessment.
When the Employer has received full and detailed particulars of the contractors
claim in accordance with sub-clause 34.1 and such further particulars as he
may reasonably have required he shall after due consultation with the contractor
determine whether the contractor is entitled to additional payment and notify
him accordingly.
The Employer may reject any claim for additional payment, which does not
comply with the requirement of sub-clause 34.1
35. Currency and Rates of Exchange.
All payments shall be made in Indian Rupees only.
36. Provisional sums
36.1 A provisional sum shall only be used, in whole or in part in accordance with the
Employers instructions.
The total sum paid to the contractor shall include only such amounts in respect
of work, supplies or services to which such provisional sum relate as the
Employer shall have instructed.
36.2 Ordering work against provisional sums
In respect of every provisional sum the Employer may after due consultation
with the contractor order.
36.3 Invoices and Receipts.
The contractor shall, when required by the Employer produce quotations,
invoices, vouchers and accounts or receipts in connection with expenditure in
respect of provisional sums.
36.4 Payment against provisional sums.
For all works executed or goods, materials or service supplied or purchased by
the contractor under sub-clause 36.2 (b), there shall be included in the sums
paid to the contractor:
a) The actual price paid or due to be paid by the contractor, and
b) 10 percent of the actual price paid or due to be paid, as profit.

77
c) Work to be executed, including goods, materials or services to be supplied
by the contractor. The value of such work executed, determined in
accordance with clause 31, shall be paid to the contractor in accordance
with clause 33, and
d) goods and materials to be purchased by the contractor, for which payment
will be made in accordance with sub-clause 36.4
37. Risk and Responsibility
37.1 Allocation of Risk and Responsibility
The risks of loss of or damage to physical property and of death and personal
injury which arise in consequence of the performance of the contact shall be
allocated between the Employer and the Contractor as follows:-
a) The Employer : the Employers Risks as specified in Sub-Clause 37.2.
b) The Contractor : the Contractors Risks as specified in sub-clause 37.3
37.2 Employers Risks
37.2.1 Insofar as they relate to the country where the works are to be erected :
a) War and hostilities (whether war be declared or not), invasion, act of foreign
enemies.
b) Rebellion, revolution, insurrection, military or usurped power or civil war.
c) Ionizing radiation or contamination by radioactivity from any nuclear fuel,
radioactive toxic explosives or other hazardous properties of any explosive
nuclear assembly or nuclear component thereof.
37.2.2 Under all circumstances:
a) Use or occupation of the works or any part thereof by the Employer ,
b) The use or occupation of the site or any part thereof, for the purposes of the
contract, or interference, whether temporary or permanent with any right-of-
way, light, air or water or with any easement, way leaves or right of similar
nature which is the inevitable result of the construction of the works in
accordance with the contract,
c) The right of the Employer to construct the works or any part thereof on, over,
under, in or through any land,
d) Damage (other than that resulting from the contractors method of construction)
which is the inevitable result of the construction of the works in accordance with
the contract.
e) The act, neglect or omission or breach of contract or of statutory duty of the
Employer.
37.3 Contractors Risks
The contractors risks are all risks other than those identified as the Employers
risks.
38. Care of the Works
38.1 Contractors Responsibility for the care of the works
The contractor shall be responsible for the care of the works from the
commencement date until the Risk Transfer Date applicable thereto under sub-
clause 38.2

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The Contractor shall also be responsible for the care of any part of the works
upon which any outstanding work is being performed by the Contractor during
the Defects Liability period until completion of such outstanding work.
38.2 Risk Transfer Date
The Risk Transfer Date in relation to the works is the date of occurrence of any
of the following:-
a) the date of issue of the Taking-over certificate, or
b) the date when the Employer is deemed to have issued the Taking-Over
Certificate or the works are deemed to have been taken over in accordance with
clause 29, or
c) the date of expiry of the notice of termination when the contract is terminated
by the Employer or the contractor in accordance with these conditions.
39. Passing of Risk
39.1 Passing of Risk of loss of or Damage to the works
The risk of loss of or damage to the works shall pass from the contractor to the
Employer on the Risk transfer Date applicable thereto.
39.2 Loss of Damage Before Risk Transfer Date
Loss of or damage to the works occurring before the Risk Transfer Date shall:-
a) to the extent caused by any of the contractors risks, be made good forthwith
by the contractor at his own cost, and
b) to the extent caused by any of the Employers risks, be made good by the
contractor at the Employers expense if so required by the Employer within
30 days after the occurrence of the loss or damage. The price for making
good such loss and damage shall be in all circumstances reasonable and
shall be agreed by the Employer and the contractor, or in the absence of
agreement, shall be resolved under clause 50.
39.3 Loss or Damage After Risk Transfer Date
After the Risk Transfer Date, the Contractors liability in respect of loss of or
damage to any part of the works shall, except in the case of Gross Misconduct,
be limited :-
a) to the fulfilment of the contractors obligations under clause 30 in respect of
defects therein, and
b) to making good forthwith loss or damage caused by the contractor during
the Defects Liability Period.
40. Damage to Property and injury to Persons
40.1 Contractors Liability
Except as provided under sub-clause 41.1 the contractor shall be liable for and
shall indemnify the Employer against all losses, expenses and claims in respect
of any loss of or damage to physical property (other than the works), death or
personal injury to the extent caused by :-
a) defective design, material or workmanship of the contractor, or
b) negligence or breach of statutory duty of the contractor, his subcontractors
or their respective employees and agents.

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40.2 Employers Liability
The Employer shall be liable for and shall indemnify the Contractor against all
losses, expenses or claims in respect of loss of or damage to any physical
property (other than works) to the extent caused by those of the Employers
Risks listed in sub-clause 37.2.2, but not otherwise.
41. Accidents
The Contractor shall be liable for and shall indemnify the Employer against all
losses, expenses or claims arising in connection with the death of or injury to
any person employed by the contractor or his sub-contractors for the purposes
of the works, unless caused by any acts or defaults of the Employer in the later
cases the Employer shall be liable for and shall indemnity the contractor against
all losses, expenses and claims arising in connection therewith.
42. Limitations of Liability
42.1 Liability after Expiry of Defects Liability Period
Except in cases of criminal negligence or wilful misconduct.
a) The contractor or shall not be liable to the Employer, whether in contract, or
otherwise for any indirect or consequential loss or damage, provided that
this exclusion shall not apply to any obligation of the contractor to pay
liquidated damages to the Employer.
b) The aggregate liability of the Contractor to the Employer under the contract
shall not exceed the contract price, provided that this limitation shall not
apply to any obligation of the contractor to indemnify the Employer with
respect to patent infringement.

42.2 Exclusive Remedies


The Employer and the contractor intend that their respective rights, obligations
and liabilities as provided for in these conditions shall alone govern their rights
under the contract and in relation to the works.
Accordingly, the remedies provided under the contract in respect of or in
consequence of:-
a) any breach of contract, or
b) any negligence act or omission, or
c) death or personal injury, or
d) loss or damage to any property.

are, save in the case of Gross Misconduct, to be to the exclusion of any other
remedy that either may have against the other under the law governing the
contract or otherwise.
42.3 Mitigation of loss or Damage
In all cases the party claiming a breach of Contract or a right to be indemnified
in accordance with the contract shall be obliged to take all reasonable measures
to mitigate the loss or damage which has occurred or may occur.
43. Insurance
43.1 The Works
43.1.1 All the plant including Tower Foundations being supplied by the Contractor shall
be kept completely insured by the contractor at his cost from the time of
despatch from the contractors works, upto the completion of erection and final

80
checking, testing and commissioning at site and taking over of the transmission
line by the Employer.
43.1.2 It will be the responsibility of the contractor to lodge, pursue and settle all claims
(for all the plant including tower foundations) with the insurance company in
case of any damage, loss, theft, pilferage, fire etc. and the Employer shall be
kept informed about it. The Contractor shall replace the lost/damaged plant
including tower foundations promptly irrespective of the settlement of the claims
by the underwriters and ensure that the work progress is as per agreed
schedules.
43.2 Contractors Equipment
The Contractor shall insure the Contractors equipment for its full replacement
value while in transit to the Site, from commencement of loading until completion
of unloading at the site, while on the site and until unloading at its return
destination against all loss or damage caused by any of the Contractors risks.
43.3 Third Party Liability
The Contractor shall insure against liability to third parties for any death or
personal injury and loss of or damage to any physical property including the
property of the Employer other than the works arising out of the performance of
the contract and occurring before the issue of the last Defects Liability
Certificate.
Such insurance shall be effected before the contractor begins any work on the
Site.
43.4 Employees
The Contractor shall insure and maintain insurance against his liability under
sub clause 41.
43.5 General
The insurance cover shall be taken by the Contractor in the name of the
Employer who shall authorise the contractor to pursue the claims with the
insurance company.
43.6 General Requirements of Insurance Policies
The Contractor shall: -
a. Whenever required by the Employer produce the policies or certificates of
any insurance which he is required to effect under the contract together with
receipts for the premiums.
b. Effect all insurances for which he is responsible with an insurer and in terms
approved by the Employer, and
c. Make no material alterations to the terms of any insurance without the
Employers approval. If an insurer makes any material alteration to the
terms the contractor shall forthwith notify the Employer, and
d. In all respects comply with any conditions stipulated in the insurance
policies, which he is required to place under the contract.
43.7 Permitted exclusions from Insurance Policies
The insurance cover effected by the contractor in the name of the Employer
shall exclude the following:-
a. the cost of making good any part of the works which is defective or
otherwise does not comply with the contract.

81
b. Indirect or consequential loss or damage including any reductions in the
contract price for delay.

43.8 Remedies on the Contractors Failure to Insure


If the contractor fails to produce evidence of insurance cover as stated in sub
clause 43.6 (a) then the Employer may effect and keep in force such insurance.
Premiums paid by the Employer for this purpose shall be deducted from the
contract price.
43.9 Amounts not Recovered
Any amounts not recovered from the insurers shall be borne by the Employer
or Contractor in accordance with their responsibilities under clause 37.
44 Force Majeure.
44.1 Definition of Force Mejeure
Force Majeure means any circumstances beyond the control of the parties,
including but not limited to:-
a) War and other hostilities, (whether war be declared or not), invasion, act of
foreign enemies, mobilization, requisition or embargo;
b) Ionizing radiation or contamination by radioactivity from any nuclear fuel or from
any nuclear waste from the combustion of nuclear fuel, radioactive toxic
explosives, or other hazardous properties of any explosive nuclear assembly or
nuclear components thereof;
c) Rebellion, revolution, insurrection, military or usurped power or civil war;
d) Riot, commotion or disorder, except where solely restricted to employees of the
contractor.
44.2 Effect of force Majeure
Neither party shall be considered to be in default or in breach of his obligations
under the contract to the extent that performance of such obligations is
prevented by any circumstances of Force Majeure which arise after the date of
the Notification of Award.
44.3 Notice of Occurrence
If either party considers that any circumstances of Force Majeure have occurred
which may affect performance of his obligations he shall promptly notify the
other party.
44.4 Performance to Continue
Upon the occurrence of any circumstances of Force Majeure the Contractor
shall endeavour to continue to perform his obligations under the contract so far
as reasonably practicable. The Contractor shall notify the Employer of the steps
he proposes to make including any reasonable alternative means for
performance which is not prevented by Force Majeure. The contractor shall not
take any such steps unless directed so to do by the Employer.
44.5 Additional Costs caused by Force Majeure
If the contractor incurs additional costs in complying with the Employers
directions under sub-clause 44.4, the amount thereof shall be certified by the
Employer and added to the Contract price.

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44.6 Damage caused by Certain of the Employers Risks
If in consequence of any of the Employers Risks listed in paragraphs (a), (b),
and (c) sub-clause 37.2.1 the work on or adjacent to the Site shall suffer loss or
damage, the contractor shall be entitled to have the value of the work done,
without regard to the loss or damage that has occurred, included in a certificate
of payment.
44.7 Termination in Consequence of Force Majeure
If circumstances of Force Majeure have occurred and shall continue for a period
of 180 days then, not withstanding that the contractor may by reason thereof
have been granted an extension of Time for completion of the works, either
party shall by entitled to serve upon the other 30 days notice to terminate the
contract. If at the expiry of the period of 30 days Force Majeure shall still
continue the contract shall terminate.
44.8 Payment on Termination for Force Majeure
If the contract is terminated under sub-clause 44.7 the contractor shall be paid
the value of the work done.
The contractor shall also be entitled to receive:
(a) The amounts payable in respects of any preliminary items so far as the
work or service comprised therein has been carried out and delivered and
a proper proportion of any such item in which the work or service comprised
has only been partially carried out and delivered.
(b) The cost of materials or goods ordered for the works or for use in
connection within the works which have been delivered to the contractor or
of which the contractor is legally liable to accept delivery. Such materials
or good shall become the property of and be at the risk of the Employer
when paid for by the Employer and the Contractor shall place the same at
the Employers disposal.
(c) The amount of any other expenditure which in the circumstances was
reasonably incurred by the contractor in the expectation of completing the
whole of the works.
(d) the reasonable cost of removal of Contractors Equipment from the Site and
the return thereof to the contractors works in his country or to any other
destination, and
(e) the reasonable cost of repatriation of the contractors staff and workmen
employed wholly in connection with the works at the date of such
termination.

45 Contractors Default
45.1 Notice of Default
If the contractor is not executing the works in accordance with the contract or is
neglecting to perform his obligations thereunder so as seriously to affect the
programme for carrying out of the works, the Employer may give notice to the
contractor requiring him to make good such failure or neglect.
45.2 Nature of Contractors Default
If the contractor:-
a) has failed to comply within a reasonable time with a notice sub-clause 45.1, or
b) assigns the contract or subcontracts the whole of the works without the
Employers written consent, or

83
c) becomes bankrupt or insolvent, has a receiving order made against him or
compounds with his creditors, or carries on business under a receiver, trustee
or manager for the benefit of his creditors or goes into liquidation.
The Employer may, after giving 15 days notice to the contractor, terminate the
contract and expel the contractor from the site.
Any such expulsion and termination shall be without prejudice to any other
rights or powers of the Employer, or the contractor under the contract.
The Employer may upon such termination complete the works himself or by any
other contractor partially or total depending upon the site requirement at
the risk and cost of the contractor. The Employer or such other contractor
may use for such completion any contractors equipment which is upon the site
as he or they may think proper, and the Employer shall allow the contractor a
fair price for such use.
The employer may take administrative action such as debarring,
blacklisting along with forfeiting of bank guarantees etc.
45.3 Valuation of Date of Termination
The Employer shall, as soon as possible after such termination, certify the value
or the works and all sums then due to the Contractor as at the date of
termination in accordance with clause 33.
45.4 Payment after termination
The Employer shall not be liable to make any further payments to the contractor
until the works have been completed. When the works are so complete, the
Employer shall be entitled to recover from the Contractor the extra costs, if any,
of completing the works after allowing for any sum due to the contractor under
sub-clause 45.3. If there is no such extra cost the Employer shall pay any
balance due to the contractor.
45.5 Effect on Liability for delay
The Contractors liability under clause 27 shall immediately cease when the
Employer expels him from the Site without prejudice to any liability thereunder
that may have already occurred.
46 Employers Default
46.1 Nature of Employers Default
The contractor may, by giving 30 days notice to the Employer, terminate the
contract if the Employer:-
a) consistently fails to pay the contractor the amount due under payment certificate
of the Employer within 45 days after the amount became payable, or
b) becomes bankrupt or insolvent, has a receiving order made against him,
compounds with his creditors, or carries on business under a receiver, trustee
or manager for the benefit of his creditors or goes into liquidation, or
c) consistently fails to meet his contractual obligations.
Any such termination shall be without prejudice to any other rights of the
contractor or the Employer under the contract.
46.2 Removal of Contractors Equipment.
On such termination, the contractor shall be entitled to remove immediately all
contractors equipment which is on the site.

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46.3 Payment on Termination for Employers Default
In the event of such termination the Employer shall pay the contractor an
amount calculated in accordance with sub-clause 44.8
47 Changes in cost and Legislation
47.1 Labour, Materials and Transport
The contract price shall remain Firm.
47.2 Statutory and other Regulations.
The contract price shall be adjusted to take account of any increase or decrease
in cost resulting from changes in legislation of the country.
Legislation means any law, order, regulation on by-law having the force of law,
which affects the contractor in the performance of his obligations under the
contract, made after the date of notification of award and its acceptance.
The Employer shall certify the amount of the resulting increase or decrease in
cost, which shall be added to or deducted from the contract price.
48 Customs
48.1 Customs and Import duties.
The contractor shall pay any customs, import duties and taxes, on the
contractors equipment, if any, to be imported.
49 Notices
49.1 Notice to Contractor
All certificates, notices or written order to be given to the contractor by the
Employer under these conditions shall be sent by airmail post, cable, telex or
facsimile transmission to or left at the contractors principal place or business or
such other address as the contractor shall notify for that purpose, or may be
handed over to the contractors representative.
49.2 Notices to Employer
Any notice to be given to the Employer under these conditions shall be sent by
airmail post, cable, telex or facsimile transmission to or left at the respective
address notified for that purpose in the letter of award, or handed over to the
Employers representative authorised to receive it.
49.3 Minutes of Meetings.
Instructions or notice to the contractor and notice from the contractor to the
Employer record in a minute or protocol signed by the authorised representative
of the given and of the recipient of such notice or instruction shall be valid notice
or instruction for the purposes of the contract.
50 Settlement of Disputes
50.1 Any dispute (s) or difference (s) arising out of or in connection with the contract
shall, to the extent possible, settled amicably between the parties.
50.2 If any dispute or difference of any kind whatsoever shall arise between the
owner and the contractor, arising out of the contract for the performance of the
works whether during the progress for the works, or after its completion or
whether before or after the termination abandonment or breach of the contract,
it shall, in the first place, be referred to and settled by the Empowered Officer
appointed by the owner, who, within a period of thirty (30) days after being

85
requested by either party to do so, shall give written notice of his decision to the
owner and the contractor.
50.3 Unless as hereinafter provided, such decision in respect of any matter so
referred shall be final and binding upon the parties until the completion of the
works and shall forthwith be given effect to by the contractor who shall proceed
with the works with all due diligence, whether he or the owner required
arbitration as hereinafter provided or not.
50.4 If after the Empowered Officer has given written notice of his decision to the
parties, no claim to arbitration has been communicated to him by either party
within party (30) days from the receipt of such notice, the said decision shall
become final and binding on the parties.
50.5 In the event of the Empowered Officer failing to notify his decision as aforesaid
within thirty (30) days after being requested aforesaid, or in the event of either
the owner or the contractor being dissatisfied with any such decision, or within
thirty (30) days after the expiry of the first mentioned period of thirty (30) days,
as the case may be, either party may require that the matters in dispute be
referred to arbitration as hereinafter provided.
51.0 Arbitration
51.1 All disputes or differences in respect of which the decision, if any, of the
Empowered Officer has not become final or binding as aforesaid shall be settled
by arbitration in the manner hereinafter provided.
51.2 The arbitration shall be conducted by sole arbitrator to be appointed by MD,
HVPNL. Arbitration proceeding shall be conducted as provided in the arbitration
& Conciliation Act 1996 as amended upto date, thereof at Panchkula.

51.3 No decision given by the Empowered Officer in accordance with the foregoing
provisions shall disqualify him as being called a witness or giving evidence
before the arbitrators on any matter whatsoever relevant to the disputes of
difference referred to the arbitrators as aforesaid.
51.4 During settlement of disputes and arbitration proceedings, both parties shall be
obliged to carry out their respective obligations under the contract.
52.0 Taxation:
52.1 The contractor shall be entirely responsible for payment of all taxes, duties,
licence fees etc. incurred until delivery or the contract supplied to the Employer.
52.2 The contractor shall be solely responsible for the taxes that may be levied on
the contractors persons or on earning of any of his employee and shall hold the
Employer indemnified and harmless against any claims that may be made
against the Employer. The Employer does not take any responsibility
whatsoever regarding taxes under income Tax Act, for the contractor or his
person if it is obligatory under the provisions under the Indian Income Tax Act,
deduction of Income Tax at source shall be made by the Employer.
52.3 All duties/ levies/ taxes/ cess etc. on equipment, components, sub-assemblies,
raw material and any other items used for their consumption or dispatches directly
to the Employer from their sub supplier and/ or from manufacturing unit shall be
included in prices and no separate claim on this behalf will be entertained by the
Employer.
52.4 No variation in GST on raw material/ bought out items/ self-manufactured items etc.
shall be entertained. Only, the statutory variation in GST rate on this works contract,
if any, shall be adjusted by Employer provided it is in the contractual delivery
period.

86
These amounts will be payable (Statutory variation in GST shall be applicable only
during the contractual period as per APPROVED PERT CHART. However, if the
material is supplied before or after the supply schedule as mentioned in the
approved PERT Chart, the GST as applicable during the periodicity of APPROVED
PERT CHART or at the time of actual supply of material/services, whichever is
lower, shall be payable), by the Employer on the supplies/services made by the
contractor but limited to the tax liability on the transaction between the Employer
and the contractor.

53. Advertising
53.1 Any advertising stating the subject of this contract by the contractor in India or
in other foreign countries shall be subject to approval of the Employer prior to
the publication.
Publication of approved articles, photographs and other similar materials shall
carry acknowledge to the Employer.
54. QUANTITY VARIATION:
54.1 The provisional quantities required are mentioned in the respective schedule of
prices. Final quantities shall be determined after completion and approval of the
detailed route survey and check survey. The final quantities of towers gantries,
line materials and foundations shall be confirmed by the Employer based on the
requirement of quantities of various items furnished by the contractor after
completion of detailed survey. Hence, it will be the responsibility of the
contractor to intimate the exact requirements of all towers, gantries, foundations
and line materials required for line immediately after the survey. The
Empowered Officer of the Employer will order the final quantities at the unit rates
quoted in the bid.
54.2 The Empowered Officer of the Employer reserves the right to increase or
decrease upto 15% (fifteen percent only) of contract value the quantity of bid
and services specified without any change in the unit price or other terms and
conditions during the execution of the contract. The quantities of individual items
may vary upto any extent after the final route plans and route profiles of the
lines covered in the package are finalised.
54.3 The prices of inequitable items i.e. the items which are not mentioned in the BOQ
of contract, shall be decided by Nigam with mutual consent of bidder
55. PROGRESS REPORT:
55.1 The Contractor shall furnish three(3) copies each to concerned Executive
Engineer/TS, Chief Engineer/MM, Chief Engineer/TS including if any
photographs of the work done at site
55.2 The monthly progress report detailing of the progress achieved on all Erection
& supply activities shall highlight comparison to the schedule as per the agreed
PERT Chart. The report shall also indicate the reasons for the variance between
the scheduled and actual progress and action proposed for corrective
measures, wherever necessary.

56.0 CERTIFICATE REGARDING ACCEPTANCE OF IMPORTANT CONDITIONS


56.1 (A) Term of payment
Clause 33 Section COC Vol.-I of Contract.
(B) Bid Guarantee
Clause 15 Section ITB Vol.-I.
(C) Contract Performance Guarantee
Clause 33 Section ITB Vol.-I.
87
(D) Liquidated Damages
Clause 27 Section COC Vol.-I.
(E) Guarantee
Clause 33 Section ITB Vol.-I.
Bidders shall be required to submit a certificate online in format enclosed at
Annexure - A (COC) for acceptance of Conditions mentioned.

Bidders shall submit a certificate online in format enclosed at Annexure- A (COC)


in the PQQ template for acceptance of Conditions.

57.1 (i) For training to be imparted within purchasers country: -

All tour expenses shall be borne by purchaser.

57.2 (ii) For training to be imparted outside purchasers country:-

The training shall be imparted to a team of 3 Engineers nominated by the


purchaser. Their to & fro travel expenditure from purchasers country to the
place of training shall be borne by the contractor including all boarding and
lodging charges.

58.0 Submission of drawings


The successful bidder shall submit atleast 6 sets comprising 2 sets of hard copy
and balance 4 sets either in hard copy or in soft copy (in the form of CD,DVD or
pen drive) of wiring diagram (including Electrical Interlocking Scheme) and
cable Schedule for purchaser's approval within 2 weeks after approval of
complete equipment drawings. The submission of complete and correct
readable drawings for approval will be the responsibility of the bidder / supplier.
The Cable termination & Ferruling shall be strictly in accordance with the
approved drawings and no deviation shall be permitted without the written
approval of the purchaser. Connection with the equipment prior to the approval
of the drawing shall be at the supplier's risk.

88
ANNEXURE I
Subject: Record pertaining to approval of vendor.
S.No. Details Date of Date of Date of Date of Delay on Delay on Remarks
of submission submission reply of approval the part of the part of
vendor by the by the comments contractor department
contractor department, by the
if any contractor
1
2
Note: HVPNL will convey comments if any on the request of the contractor within 10 days.
Delay beyond 7 days for reply to the comments of the department by the contractor will count
towards delay on the part of the contractor. Similarly, delay beyond 10 days after the receipt
of final reply from the contractor will count towards delay on the part of the department.

ANNEXURE-II
Subject: Record pertaining to approval of drawing/GELO (incase of revision only)
S.No. Detail list Date of Date of Date of Date of Date of Delay on Delay Remarks
of submission submission comments reply of approval the part of on the
Drawings/ as per the by the by the comments contractor part of
GELO contract contractor department, by the depart-
if any contractor ment
1
2
Note: HVPN will approve or comment on the Drawings submitted by the contractor within
28 days. The delay beyond 21 days (including postal time both ways) for reply to the comments
of HVPN will count towards delay on the part of the contractor. Similarly delay in approval
beyond 21 days after the receipt of reply from the contractor will count towards delay on the
part of the department.
ANNEXURE-III
Subject: Record pertaining to inspection & issue of DI.
S. Detail Sched Date of Scheduled Actual Schedule Actual Schedu Actual Actual Schedu Actual Dela Delay Rem
N s of uled offer of date of date d date of date led date of date of led date y on on the arks
o. mater date inspect deputing of comple- of date of receipt of receipt of date of of the part
ial of ion by the deput tion of inspe receipt inspection inspection issue of issue part of
offer the inspector ing inspectio c-tion of report report DI of DI of depar
of contrac the n inspect cont t-
inspe tor inspe ion ract ment
ction c-tor report or
as per for
contr inspe
act ction
1
2
Note: Inspector for the inspection shall be nominated within 7 days from the receipt of
inspection call from the contractor. Delay beyond this period will count towards the
department. HVPNL shall issue a certificate for acceptance of factory tests & issue DI within 15
days of the receipt of inspection report. Delay beyond this period will count towards delay on
the part of the department.

89
ANNEXURE-IV

S.No. Details Scheduled Date of Date of Date of Date Delay on Delay on Remarks
of Date of submission comments reply of of the part the part of
Route submission by the by the comments appro of department
as per the contractor department, by the val contractor
contractor if any contractor
1
2

ANNEXURE-V

Subject: Record pertaining to Sorting out of ROW Problems.

S.No. Details of Details of Actual Time period Remarks


reporting of efforts made clearance of taken to
ROW to resolve ROW problem resolve ROW
problems the ROW
with events
1
2

ANNEXURE-VI

Subject: Record pertaining to Shifting of Utilities/Power Lines.

S.No. Details of Details of Actual clearance Time period Remarks


reporting of efforts of shifting of taken to shift
shifting of made to Utilities/Power utilities/Power
Utilities/ shift the Lines Lines
Power Lines Utilities/
Power Lines
1
2

ANNEXURE-VII

Subject: Record pertaining to Force Majeure.

S.No. Details/Reasons Date/details of Date/details of Time Remarks


of Force Majeure reporting of the clearance of period of
Force Majeure Force Majeure Force
by the problem Majeure
contractors
1
2

90
ANNEXURE - A (COC)
PAGE 1 OF 1

CERTIFICATE REGARDING ACCEPTANCE OF


IMPORTANT CONDITIONS

IMPORTANT: TO BE SUBMITTED IN SEPARATE SEALED COVER

Bidders Name & Address:

To

Chief Engineer (MM)


Haryana Vidyut Prasaran Nigam Ltd.,
Panchkula 134 113.

With reference to our Bid Proposal No. ___________________________


dated ____________ for Creation of 132kV D/C composite line from 132kV
S/Stn. Badli to proposed 132kV S/Stn. GIS Badsa (AIIMS), we hereby
confirm that we have read the provisions of following clauses and further
confirm that notwithstanding anything stated elsewhere to the contrary, the
stipulations of these clauses are acceptable to us, and we have not taken
any deviation to these clauses: -

(a) Terms of Payment Clause No. 33.0 of COC, Vol.-I


(b) Bid Guarantee Clause No. 15 of ITB, Vol.-I,
(c) Contract Performance Clause No. 33 of ITB, Vol.-I
and Guarantee
(d) Liquidated Damages Clause No. 27 of COC, Vol.-I
(e) Price basis and payment Clause No. 12 & 14 of ITB and
Clause No. 11 of COC, Vol-I
(f) Guarantee Clause No.33 of ITB, Vol-1.
We further confirm that any deviation to the above clauses at Sl. No. (a)
through (f) found anywhere in our Bid Proposal, implicit or explicit, shall
stand unconditionally withdrawn, without any cost imposition whatsoever
to HVPNL.
(Signature) _________________________
(Printed Name) _________________________
(Designation) _________________________
(Common Seal) _________________________

91
Page 1 of 4

PROPOSAL

Bidders Name and Address:


Bid Proposal Reference:
Person to be contacted:
Designation:
Telephone No.: Telex/Cable: Fax:

To
The Chief Engineer (MM),
HVPNL, Panchkula 134113.

Subject: Supply, laying, civil works, erection, testing and commissioning of Creation
of 132kV D/C composite line from 132kV S/Stn. Badli to proposed 132kV
S/Stn. GIS Badsa (AIIMS) on turnkey basis against e-tender enquiry no.
REC- .
Dear Sirs,
1.0 We, the undersigned Bidder, have read and examined in detail the
specifications and documents and hereby propose Supply, laying , Civil Works,
Erection, Testing and Commissioning of Creation of 132kV D/C composite line
from 132kV S/Stn. Badli to proposed 132kV S/Stn. GIS Badsa (AIIMS) on
turnkey basis as per details given in Bidding documents.
2.0 PRICE AND VALIDITY
2.1 Prices quoted by the bidder shall be FIRM during the performance of the
contract and shall not be subject to variation on any account except for unit price
of ACSR conductor and towers (including its extension and gantries). The unit
price of conductor shall be variable as per CACMAI circulars with base price 30
days prior to opening of tenders and applicable rate as on 30 days prior to offer
of material for inspection. The unit price of towers shall be variable as per
IEEMA circulars with base price 30 days prior to opening of tenders and
applicable rate as on 30 days prior to offer of material for inspection. The price
variation shall be applicable only during the contractual period as per
APPROVED PERT CHART. However, if the material is supplied after the supply
schedule as mentioned in the approved PERT Chart or after the contractual
completion period, the payable price shall be lower of the prices arrived at after
applying IEEMA indices on the required date of supply of material and the date
of actual offer of material..
Further, all the prices and other terms and conditions of our proposal are valid
for 3 months after the date of opening of price bid and 4 months from the date
of opening of the1st part whichever is later.
2.2 We do hereby confirm that our unit price as quoted in relevant schedules include
freight and insurance charges and all custom duties/ levies/ cess other than GST
on this works contract and we shall have no claim on this behalf.

2.3 All the taxes /duties /levies /cess etc. excluding GST on this works contract have
been deemed to be included in the unit price. Therefore, we clearly understand that
no claim in this regard shall be entertained by Employer. We further understand
that, the Goods and Service Tax (GST) in respect of works contract only shall be
paid by the Employer.

92
Page 2 of 4

2.4 We further confirm that the unit erection/ civil price of civil and erection works
includes all other taxes/ levies/ cess etc. excluding GST and we shall have no
claim in this regard.

2.5 The bid price, the price components of the various items are enclosed in Schedules
1 &2 of this proposal.

3.0 BID PRICING


We further, declare that the prices stated in our proposal are in accordance
with your Instruction to bidders and Conditions of Contract (Vol.-I)

4.0 CONSTRUCTION OF THE CONTRACT


4.1 We, declare that we are making the offer for supply and erection works contract
on single source responsibility basis and as per bid specification.

5.0 We have studied clause 14.0 of Section II, Vol.-I and clause 52 of Conditions of
Contract, Vol.-I relating to Taxes & duties and we hereby, declare that if any
income-tax, surcharge on income-tax or any other corporate tax is attracted
under the law, we agree to pay the same.

6.0 DEVIATION
6.1 Specification and documents except for the variations and deviations, all of
which have been detailed out by us exhaustively in the following schedules,
irrespective of whatever has been stated to the contrary anywhere else in our
proposal shall be applicable.

a. Commercial Deviations Schedule Schedule-3


b. Technical Deviations Schedule Schedule-4
We confirm that specified stipulations of following clauses are acceptable to us
and no deviation/ exceptions are taken on any account whatsoever in the
following clauses:-

a. Terms of payment Clause No. 33 of Conditions


of Contract, Vol-I
b. Bid Guarantee Clause No. 15 of ITB, Vol-I
c. Contract performance Clause No. 33 of ITB
Guarantee and Clause 10, of Conditions of
Contract, Vol-I.

93
Page 3 of 4

d. Liquidated Damages for Clause No. 25 and 27 of


Conditions of delay in completion contract, Vol-I
e. Bid Price Clause No. 12 & 14 of ITB and
Clause 11 of Conditions of
Contract, Vol-I
f. Guarantees Clause No. 10 & 30 of Conditions
of
Contract, Vol-I
Further, we agree that additional conditions, if any, found in the proposal,
documents other than those stated in Deviation Schedules, save that
pertaining to any rebates offered, shall not be given effect to.

7.0 PERFORMANCE GUARANTEES


We declare that the ratings and performance figures of the equipment to be
furnished and erected by us are guaranteed. The Guaranteed particulars of
different equipments are enclosed in, Technical Data Sheets. We understand
and agree that certain parameters and characteristics attract levy of liquidated
damages for non-performance.

8.0 BID GUARANTEE


We have enclosed a Bid Guarantee, in the form of
___________________________________________________________________
(Please fill in alternative chosen)
for a sum of
___________________________________________________________________
(Amount in words and figures)

___________________________________________________________________
in original valid for a period of Seven (7) calendar months from the date of
opening of bid in accordance with bid documents.
9.0 ADDITIONAL INFORMATION
9.1 In addition to the information called for in these proposal sheets, we have
included with this proposal information as listed in Schedule 5. We further
confirm that such additional information does not imply additional deviation
beyond those covered in Schedule 3 & 4 and in case of any contradiction
between these additional information and other provisions of Bid, the latter will
prevail.
10.0 BOUGHT OUT ITEMS
We have enclosed a list of bought out items in Schedule-7.
11.0 QUALIFICATION DATA
11.1 We confirm having submitted the Qualification Data, as required by you in your
Instruction to Bidders included in Vol-I, along with this proposal. Further we
have filled in the information for qualification requirements in Schedule-6. In
case you require any further information in this regard, we agree to furnish the
same in time.

94
Page 4 of 4
12.0 WORK SCHEDULE
If this proposal is accepted by you, we agree to submit engineering data, provide
services and complete the entire work from time to time, in accordance with
Schedule indicated in the proposal. We fully understand that the time schedule
stipulated in this proposal is the essence of the Contract, if awarded. The
completion schedule of the various major key phases of the work is indicated in
Schedule-8.
13.0 CONTRACT PERFORMANCE GUARANTEE
We further agree that if our proposal is accepted we shall provide an irrevocable
Contract Performance Guarantee of value equivalent to ten percent (10%) of
the Contract Price valid upto the end of ninety (90) days after the end of the
contract warranty period in the form of
______________________________________________________________
(Please specify the form of Guarantee)

In your favour and enter into a formal agreement with you within fifteen (15)
days from the date of letter of Award of Contract.

14.0 BID PRICE


We declare that our total prices for the entire scope of works as defined in Bid
Proposal Sheets shall be as indicated in Schedule I.

15.0 CHECKLIST
We have included a check list duly filled in Schedule 10.

We, hereby declare that only the persons of firms interested in this proposal as
principles are named herein and that no other persons or firms other than those
mentioned herein have any interest in this proposal or in the Contract to be
entered into, if we are awarded the Contract, and that this proposal is made
without any connection with any other person, firm or party likewise submitting
a proposal and that this proposal is in all respect for and in good faith, without
collusion of fraud.

Date this ____________________ day of _________________ 2017.

Thanking you, we remain.


Yours faithfully,

Date: Signature: ________________

Place: Printed Name: _____________

Designation: ______________

Common Seal: ____________

95
AnnexureA (Bid proposal)

REC- Page 1 of 1

Sr. Documents attached Annexure Page


No. No.
From To

1. Bid Security

2. Bid Proposal along with Schedule- 1 & 2

3. Bid Proposal along with AnnexureA(Bid proposal)

4. Power of attorney to sign the bid

5. Constitution or legal status

6. Profile of the firm

7. Place of registration and principle of place of business

8. Joint venture agreement, if any

9. Power of attorney of joint venture , if any

10. Letter of Undertaking

11. List of similar contracts executed

12. Certificates of contracts executed

13. Performance certificates of contracts executed

14. List of contracts under execution for next 2 years with


financial projections

15. List of T &P

16. List of manpower

17. Litigation History

18. Acceptance of important conditions (Annexure -A COC

19. Annual financial statements

20. Bankers certificates

21. Certificate by the bidder introducing HVPNL to the bank

96
22. Undertaking for Submission of Bankers certificate
indicating that Rs. . as working capital will be kept
reserve for this project

23. Commercial deviation schedule (3)

24. Technical deviation schedule (4)

25. Schedule of additional information (5)

26. Qualification data (6)

27. Schedule for Bought out items and sub-contracted items


(7)

28. Works completion schedule (8)

29. Check list (schedule 10)

30. General technical particulars

31. Technical data for qualification of the various equipment.

32. Duly signed Bidding Document

33. Any other document

97
SECTION IV

SAMPLE FORMS

AND

PROCEDURES

98
Annexure-A

FORM FIN-1

(Net Worth / Current Assets / current liabilities Details)

As per balance sheet

NAME OF THE BIDDER:

ADDRESS OF THE BIDDER:

A) Description Amount (Rs. )


Paid up Equity Share Capital

Add: Reserves (Not being the revaluation reserve)

Subtract: Intangible Assets

Subtract: Miscellaneous Expenditure to the extent


not written off and carry forward losses.
Balance

Note: The above information should be as per latest audited balance sheet.

B) Description Year______ Year______ Year______

(Rupees) (Rupees) (Rupees)


Current assets

Current liability

Note: The above information should be as per latest audited balance sheets of last
three years.

Signatures of the

Authorized signatory

(Name of the signatory)

Rubber stamp of the firm/Company

99
Annexure-B

FORM FIN-2

(Liquid Asset Details)

Against e-Tender Enquiry No.

NAME OF THE BIDDER:

ADDRESS OF THE BIDDER:

Description Amount

Overdraft Limits

Cash Credit

Total A

Description Amount

20% of current
commitments as indicated
in form Fin-III (B)

Amount

Liquidity available for


this bid ( A B)

Note:

a. Overdraft Limits and/or Cash Credit: The bidder shall produce a certificate from
the bank(s) which should be valid on the date of bid submission, giving the
amount of sanctioned limits. Such certificate should not be more than one
month old on the last date of submission of bid.
b. In case liquidity available for this bid (A-B) is less than the liquidity requirement
as per clause 2.3 of ITB, the bid will not be opened.

Signatures of the
Authorized signatory
(Name of the signatory)
Rubber stamp of the firm/Company

100
Annexure-C

FORM FIN-3
(Current Commitments)

Against e-Tender Enquiry No.

NAME OF THE BIDDER:

ADDRESS OF THE BIDDER:

Sr. Project description Unexecuted value of the Contract as


No. on _________________

Note:

1. Use further similar size sheets, if required.


2. This certificate must be issued by the Statutory Auditor (in the case of
Companies) and by a Chartered Accountant (in case of firms/sole
proprietor).Such certificate should not be more than one month old on the
last date of submission of bid.

Signatures of the

Statutory Auditor/Chartered Accountant

Alongwith rubber stamp

101
Annexure 1
Page 1 of 2

PERFORMA OF BANK GUARANTEE

FOR BID GUARANTEE

(To be stamped in accordance with stamp Act)

The non-Judicial stamp paper should be in the name of issuing bank

Ref: .. Bank Guarantee No

Date:

To

Chief Engineer (MM),

HARYANA VIDYUT PRASARAN NIGAM LIMITED

Panchkula 134113.

Dear Sirs,

In accordance with your e-tender enquiry No. ..M/s


..having its Registered/Head Office at
(hereinafter called the Bidder) wish to participate in the
said e-tender enquiry and you, as a special favour have agreed to accept an irrevocable
and unconditional Bank Guarantee for an amount of Rs. .
Valid upto on behalf of Bidder in lieu of the Bid deposit required
to be made by the bidder, as a condition precedent for participation in the said e-tender
enquiry.

We, the .. Bank at .. having our Head


Office at .. (local address) guarantee and undertake to pay
immediately on demand by HARYANA VIDYUT PRASARAN NIGAM LIMITED the
amount of (in
words & figure) without any reservation, protest, demur and recourse any such demand
made by said Owner shall be conclusive and binding on us irrespective of any dispute
or difference raised by the Bidder.

102
Annexure 1

Page 2 of 2

This guarantee shall be irrevocable and shall remain valid upto an including
.. if and further extension of this guarantee is
required, the same shall be extended to such required period (not exceeding one year)
on receiving instruction from M/s on whose
behalf this guarantee is issued.

In witness whereof the Bank, through its authorised officer, has set its hand and stamp
on this day of .. at

Witness

(Signature) (Signature)

(Name) (Name)

(Official Address) (Designation with Bank Stamp)

103
Annexure II

Page 1 of 3

PERFORMA OF BANK GUARANTEE FOR


CONTRACT PERFORMACE

(To be stamped in accordance with stamp Act)

Ref: .. Bank Guarantee No

Date:

To

Chief Engineer (MM),

HARYANA VIDYUT PRASARAN NIGAM LIMITED,

Panchkula 134113.

Dear Sirs,

In consideration of HARYANA VIDYUT PRASARAN NIGAM LIMITED, (hereinafter


referred to as the Owner which expression shall unless repugnant to the context or
meaning thereof include its successors, administrators and assigns) having awarded
to M/s.. with its Registered/Head office
at (hereinafter referred to as the Contractor which
expression shall unless repugnant to the context or meaning thereof, include its
successors, administrators, executors and assigns), a Contract by issue of Owners
letter of Award No. .dated .and the
same having been unequivocally accepted by the contractor, resulting into a contract
bearing No. dated valued at .. for
.. (scope of contract) and the Contractor having agreed to provide a
Contract Performance Guarantee for the faithful performance of the entire Contract
equivalent to * .(%) per cent) of the
said value of the Contract to the Owner.

We, .
(Name and Address of the Bank)

having its Head Office at .. (hereinafter referred to as the Bank


which expression shall, unless repugnant to the context or meaning thereof, include its
successors, administrators, executors and assigns) do hereby guarantee and
undertake to pay the Owner, on demand any and all monies payable by the Contractor
to the extent ofas aforesaid at any time
upto.(days/month/year) without any demur,
reservation, contest, recourse or protest and/or without any reference to the Contractor.

104
Annexure II
Page 2 of 3
Any such demand may by the owner on the Bank shall be conclusive and binding
notwithstanding any difference between the Owner and the Contractor or any dispute
pending before any Court, Tribunal, Arbitrator or any other authority. The bank
undertakes not to revoke this guarantee during its currency without previous consent
of the Owner and further agrees that the guarantee herein contained shall continue to
be enforceable till the Owner discharges this guarantee.

The Owner shall have the fullest liberty without affecting in any way the liability of the
Bank under this guarantee, from time to time to extend the time for performance of the
contract by the Contractor. The Owner shall have the fullest liberty, without affecting
this guarantee, to postpone from time to time the exercise of any powers vested in them
or of any right which they might have against the Contractor and to exercise the same
at any time in any manner, and either to enforce or to for bear to enforce any covenants,
contained or implied in the Contract between the Owner and the Contractor or any other
course or remedy or security available to the Owner. The bank shall not be released of
its obligations under these presents by any exercise by the Owner of its liberty with
reference to the matters aforesaid or any of them or by reason of any other act of
omission or commission on the part of Owner of any other indulgences shown by the
Owner or by any other matter or thing whatsoever which under law would, but for this
provision have the effect of relieving the Bank.

The Bank also agrees that the Owner at its option shall be entitled to enforce this
Guarantee against the Bank as a principal debtor, in the first instance without
proceeding against the Contractor and notwithstanding any security or other guarantee
the Owner may have in relation to the Contractors liabilities.

Notwithstanding anything contained herein above our liability under this guarantee is
restricted to .. and it shall remain in force upto and including
. and shall be extended from time to time for such period, as
may be desired by M/s .. on whose behalf this
guarantee has been given.

Dated this .day of.2017at

WITNESS

.
(Signature) (Signature)

.
(Name) (Name)

(Official Address) (Designation with Bank Stamp)

105
Annexure II

Page 3 of 3

Attorney as per Power

of Attorney
No

Date : .

NOTE :

This sum shall be ten per cent (10%) of the Contract price.
The date will be ninety (90) days after the end of Warranty Period as specified in
the Contract.

1. The stamp papers of appropriate value shall be purchased in the name of issuing
bank.

106
Annexure III

Page 1 of 1

PERFORMA OF EXTENSION OF BANK GUARANTEE

Ref: .. Date:

To

Chief Engineer (MM),


HARYANA VIDYUT PRASARAN NIGAM LIMITED
Panchkula 134113.
Dear Sirs,

Sub : Extension of Bank Guarantee No for Rs.


favouring yourselves, expiring on ... on
account of M/s.in respect of Contract
No. dated (hereinafter called
original Bank Guarantee).

At the request of M/s , We


Bank, branch office at and having its Head Office at
do hereby extend our liability under the above mentioned
Guarantee No. . dated for a further period of .
Years/Months from .to expire on . except as provided
above, all other terms and conditions of the original Bank Guarantee No.
. dated . shall remain unaltered and binding.

Please treat this as an integral part of the original Bank Guarantee to which it would be
attached.

Yours faithfully,

For ..

Manager/Agent/Accountant

Power of Attorney No. .

Dated .

SEAL OF BANK

NOTE: The non-judicial stamp paper of appropriate value shall be


purchased in the name of the bank who has issued the Bank Guarantee.

107
Annexure IV

Page 1 of 2

PERFORMA OF LETTER OF UNDERTAKINGS


(To be submitted by the bidder alongwith his Bid)

(To be executed on non-judicial paper of requisite value)

Ref: .. Date:

To

Chief Engineer (MM),


HARYANA VIDYUT PRASARAN NIGAM LIMITED,
Panchkula 134113.
Dear Sirs,

1. I*/We* have read and examined the following bid documents relating to the
(full scope of work)

a) Notice Inviting e-Tender.


b) Instructions to bidders.
c) Conditions of Contract alongwith Annexures.
d) Drawings attached with Bidding Documents.
e) Technical Specifications.
f) PERT Charts (Performa attached at Annexure XI)

2. I*/We* hereby submit our Bid and undertake to keep our Bid Valid for a period
of
4 months from the date of opening of 1st Part and 3 months from the date of
opening of Price Bid whichever is later. I*/We* hereby further undertake that
during said period I/We shall not vary/alter or revoke my/our bid.

This undertaking is in consideration of HVPNL agreeing to open my Bid and


consider and evaluate the same for the purpose of award of contract in terms
of provisions of bidding documents.

Should this Bid be accepted, I/We also agree to abide by and fulfill all the terms,
conditions of provision of the above mentioned bid documents.

Signature alongwith Seal of Co.

(Duly authorised to sign


the tender on behalf of the
Contractor)

108
Annexure IV

Page 2 of 2

Name
.

Designation

Name of Co. .

(in Block Letters)

WITNESS

Signature . Date & Postal Address

Date
.

Name & Address


.

Telegraphic Address

Telephone No.

Telex
No.

*Strike out whichever is not applicable

109
Annexure V

Page 1 of 3

PERFORMA OF INDEMNITY BOND TO BE EXECUTED BY THE CONTRACTOR


FOR THE EQUIPMENT HANDED OVER BY HVPN FOR
PERFORMANCE OF ITS CONTRACT

(Entire Equipment consignment in one lot)


(On non-Judicial stamp paper of appropriate Value)

INDEMNITY BOND

THIS INDEMNITY BOND is made this day of


20.. by a Company registered under the Companies
Act, 1956/Partnership firm/proprietary concern having its Registered Office at
(hereinafter called as Contractor or Obligor which
expression shall include its successors and permitted assigns) in favour of Haryana
Vidyut Prasaran Nigam Limited, Panchkula ...
(hereinafter called HVPNL which expression shall include its successors and assigns).

WHEREAS HVPN has awarded to the Contractor a Contract for


vide its Letter of Award/Contract No. dated
and its Amendment No. ..and Amendment No.
(applicable when amendments have been issued,
hereinafter called the Contract) in terms of which HVPNL is required to hand over
various Equipment to the Contractor for execution of the Contract.

And WHEREAS by virtue of clause No. of the said Contract, the


Contractor is required to execute an Indemnity Bond in favour of HVPNL for the
Equipment handed over to it by HVPNL for the purpose of performance of the
Contract/ Erection portion of the Contract (hereinafter called the Equipment).

NOW THEREFORE, This Indemnity Bond witnesseth as follows:

1. That in consideration of various Equipment as mentioned in the Contract,


valued at Rs. .. (Rupees....) handed
over to the Contractor for the purpose of performance of the Contract, the
Contractor hereby undertakes to indemnify and shall keep HVPNL indemnified,
for the full value of the Equipment. The Contractor hereby acknowledges receipt
of the Equipment as per despatch titled documents handed over to the
Contractor duly endorsed in their favour and detailed in the Schedule appended
hereto. It is expressly understood by the Contractor that handing over of the
despatch title documents in respect of the said Equipments duly endorsed by
HVPN in favour of the Contractor shall be construed as handing over of the
Equipment purported to be covered by such title documents and the Contractor
shall hold such Equipment in trust as Trustee for and on behalf of HVPNL.

110
Annexure V

Page 2 of 3

2. That the contractor is obliged and shall remain absolutely responsible for the
safe transit/protection and custody of the Equipment at HVPNL project site
against all risks whatsoever till the Equipment are duly used/erected in
accordance with the terms of the Contract and the plant/Package duly erected
and commissioned in accordance with the terms of the Contract, is taken over
by HVPNL. The Contractor undertakes to keep HVPNL harmless against any
loss or damage that may be caused to the Equipment.

3. The Contractor undertakes that the Equipment shall be used exclusively for the
performance/execution of the Contract strictly in accordance with its terms and
conditions and no part of the equipment shall be utilized for any other works or
purpose whatsoever. It is clearly understood by the Contractor that
non-observance of the obligations under this Indemnity Bond by the Contractor
shall inter- alia constitute a criminal breach of trust on the part of Contractor for
all intents and purposes including legal/penal consequences.

4. That HVPNL is and shall remain the exclusive Owner of the Equipment free
from all encumbrances, charges or liens of any kind, whatsoever. The
equipment shall at all times be open to inspection and checking by Engineer-in-
Charge/Engineer or other employees/agents authorised by him in this regard.
Further, HVPNL shall always be free at all times to take possession of the
Equipments in whatever form the Equipments may be, if in its opinion, the
Equipment are likely to be endangered, misutilised or converted to uses other
that those specified in the Contract, by any acts of omission or commission on
the part of the contractor or any other person or on account of any reason
whatsoever and the Contractor binds himself and undertakes to comply with the
directions of demand of HVPNL to return the equipment without any demur or
reservation.

5. That this Indemnity Bond is irrevocable. If at any time any loss or damage
occurs to the Equipment or the same or any part thereof is mis-utilised in any
manner whatsoever, then the Contractor hereby agrees that the decision of
Engineer-in-Charge/Engineer of HVPNL at to assessment of loss or damage to
the Equipment shall be final and binding on the Contractor. The Contractor
binds itself and undertakes to replace the lost and/or damaged Equipment at its
own cost and/or shall pay the amount of loss of HVPNL without any demur,
reservation or protest. This is without prejudice to any other right or remedy that
may be available to HVPN against the Contractor under the contract and under
this Indemnity Bond.

6. NOW THE CONDITION of this Bond is that if the Contractor shall duly and
punctually comply with the terms and conditions of this Bond to the satisfaction
of HVPNL THEN, the Bond shall be void, but otherwise, it shall remain in full
force and virtue.

111
Annexure V

Page 3 of 3

IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its
authorised representative under the common seal of the Company, the day, month and
year first above mentioned.

SCHEDULE

Particulars of Quantity Particulars of Value of the Signature of


the Equipment Despatch title Equipment Attorney in
handed over Documents token of
receipt
RR/GR No.
date Bill
Carrier of
lading

For and on behalf of

M/s .

WITNESS

1. Signature . Signature .

2. Name .. Name ..

3. Address .. Designation .

.. Authorised representative

1. Signature .

2. Name .. (Common Seal)

3. Address .. (In case of Company)

..

* Indemnity Bonds are to be executed by the authorised person and (I) in case of
contracting Company under common seal of the Company or (ii) having the Power of
Attorney issue under common seal of the company with authority to execute Indemnity
Bonds, (iii) In case of (ii), the original Power of Attorney if it is specifically for this contract
or a Photostat copy of the Power of Attorney if it is General Power of Attorney and such
documents should be attached to Indemnity Bond.

112
Annexure VI

Page 1 of 3

PERFORMA OF INDEMNITY BOND TO BE EXECUTED BY THE CONTRACTOR


FOR THE EQUIPMENT HANDED OVER IN INSTALLMENTS BY HVPNL FOR
PERFORMANCE OF ITS CONTRACT

(On non-Judicial stamp paper of appropriate Value)

INDEMNITY BOND

THIS INDEMNITY BOND is made this day of


20.. by a Company registered under the Companies
Act, 1956/Partnership firm/proprietary concern having its Registered Office at
(hereinafter called as Contractor or Obligor which
expression shall include its successors and permitted assigns) in favour of Haryana
Vidyut Prasaran Nigam Limited, Panchkula ...
(hereinafter called HVPN which expression shall include its successors and assigns).

WHEREAS HVPNL has awarded to the Contractor a Contract for


vide its Letter of Award/Contract No. dated
(hereinafter called the Contract) in terms of which HVPNL is required to hand over
various Equipment to the Contractor for execution of the contract.

And WHEREAS by virtue of clause No. of the said Contract, the


Contractor is required to execute an Indemnity Bond in favour of HVPNL for the
Equipment handed over to it by HVPNL for the purpose of performance of the
Contract/ Erection portion of the Contract (hereinafter called the Equipment).

NOW THEREFORE, This Indemnity Bond witnesseth as follows:

1. That in consideration of various Equipment as mentioned in the Contract,


valued at Rs. .. (Rupees....) handed
over to the Contractor in installments from time to time for the purpose of
performance of the Contract, the Contractor hereby undertakes to indemnify
and shall keep HVPNL indemnified, for the full value of the Equipment. The
Contractor hereby acknowledges receipt of the initial installments of the
Equipment as per details in the schedule appended hereto. Further, the
Contractor aggress to acknowledge receipt of subsequent installments of the
Equipments as required by HVPNL in the form of Schedules consecutively
numbered which shall be attached to this Indemnity Bond so as to form integral
parts of this Bond. It is expressly understood by the Contractor that handing
over of the despatch title documents in respect of the said Equipments duly
endorsed by HVPNL in favour of the Contractor shall be construed as handing
over of the Equipment purported to be covered by such title documents and the
Contractor shall hold such Equipment in trust as Trustee for and on behalf of
HVPNL.

113
Annexure VI

Page 2 of 3

2. That the Contractor is obliged and shall remain absolutely responsible for the
safe transit/protection and custody of the Equipment at HVPNL Project Site
against all risks whatsoever till the Equipment are duly used/erected in
accordance with the terms of the Contract and the Plant/Package duly erected
and commissioned in accordance with the terms of the Contract, is taken over
by HVPNL. The Contractor undertakes to keep HVPNL harmless against any
loss or damage that may be caused to the Equipment.

3. The Contractor undertakes that the Equipment shall be used exclusively for the
performance/execution of the Contract strictly in accordance with its terms and
conditions and no part of the equipment shall be utilized for any other works or
purpose whatsoever. It is clearly understood by the Contractor that
non-observance of the obligations under this Indemnity Bond by the Contractor
shall inter- alia constitute a criminal breach of trust on the part of Contractor for
all intents and purposes including legal/penal consequences.

4. That HVPNL is and shall remain the exclusive Owner of the Equipment free
from all encumbrances, charges or liens of any kind, whatsoever. The
equipment shall at all times be open to inspection and checking by Engineer-in-
Charge/Engineer or other employees/agents authorised by him in this regard.
Further, HVPNL shall always be free at all times to take possession of the
Equipments in whatever form the Equipments may be, if in its opinion, the
Equipment are likely to be endangered, misutilised or converted to uses other
that those specified in the Contract, by any acts of omission or commission on
the part of the Contractor or any other person or on account of any reason
whatsoever and the Contractor binds himself and undertakes to comply with the
directions of demand of HVPNL to return the equipment without any demur or
reservation.

5. That this Indemnity Bond is irrevocable. If at any time any loss or damage
occurs to the Equipment or the same or any part thereof is mis-utilised in any
manner whatsoever, then the Contractor hereby agrees that the decision of
Engineer-in-Charge/Engineer of HVPNL at to assessment of loss or damage to
the Equipment shall be final and binding on the Contractor. The Contractor
binds itself and undertakes to replace the lost and/or damaged Equipment at its
own cost and/or shall pay the amount of loss of HVPNL without any demur,
reservation or protest. This is without prejudice to any other right or remedy that
may be available to HVPNL against the Contractor under the contract and under
this Indemnity Bond.

6. NOW THE CONDITION of this Bond is that if the Contractor shall duly and
punctually comply with the terms and conditions of this Bond to the satisfaction
of HVPNL THEN, the Bond shall be void, but otherwise, it shall remain in full
force and virtue.

114
Annexure VI

Page 3 of 3

IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its
authorised representative under the common seal of the Company, the day, month and
year first above mentioned.

SCHEDULE

Particulars of Quantity Particulars of Value of the Signature of


the Equipment Despatch title Equipment Attorney in
handed over Documents token of
receipt
RR/GR No.
date Bill
Carrier of
lading

For and on behalf of

M/s .

WITNESS

1. Signature . Signature .

2. Name .. Name ..

3. Address .. Designation .

.. Authorised representative

1. Signature .

2. Name .. (Common Seal)

3. Address .. (In case of Company)

..

* Indemnity Bonds are to be executed by the authorised person and (I) in case of
contracting Company under common seal of the Company or (ii) having the Power of
Attorney issue under common seal of the company with authority to execute Indemnity
Bonds, (iii) In case of (ii), the original Power of Attorney if it is specifically for this contract
or a Photostat copy of the Power of Attorney if it is General Power of Attorney and such
documents should be attached to Indemnity Bond.

115
ANNEXURE-VII

Page 1 of 4

PROFORMA OF WORK CONTRACT AGREEMENT

(To be executed on non-Judicial stamp paper)

This agreement made this day of . Two Thousand ..


between Haryana Vidyut Prasaran Nigam Limited (hereinafter referred to as Owner
or HVPNL which expression shall include its administrators, Company incorporated
under the Companies Act, 1956) on the one part and ..X
(here in after referred to as the Contractor which expression shall include its
administrators, successors, executors and permitted assigns) of the other part.

WHEREAS HVPNL desirous of construction of .


invited bids for design, manufacturing, supply, transportation to site, erection, civil
works, testing & commissioning of aforesaid line as per specification No. . and
whereas . had participated in the above referred bidding vide
their proposal no. dated and awarded the contract of above said
line bearing PO no. .. on terms and conditions, documents referred
to therein, which have been accepted by .. resulting into a
Contract.
NOW THEREFORE THIS DEED WITNESSETH AS UNDER
1.0 Article: Design, manufacturing, supply, transportation to site, erection, civil
works, testing & commissioning of equipment for turnkey
.

1.1 AWARD OF CONTRACT


HVPNL has awarded the contract to .. for the work of construction
of . on terms and conditions contained in its Letter of Award
No. . dated ., detailed award PO No. .
dated . and the documents referred to there in. The award has
taken effect from aforesaid Letter of Award. The terms and expressions used in
this agreement shall have the same meaning as are assigned to them in the
Contract Documents referred to in the succeeding article.
2.0 CONTRACT DOCUMENTS
The contract shall be performed strictly as per the terms and conditions
stipulated herein and in the following documents attached herewith (herein
after referred to as Contract Documents)
i) HVPNL bidding documents in respect of specification No
.. consisting of Invitation of Bid (NIT), Instructions to Bidders
(ITB), Conditions of Contract (COC) and all other sections including all
amendments.
ii) HVPNL Technical Specification no. .
iii) .. submitted their bid vide proposal no. dated
. along with price schedules, data requirements, payment
terms and work schedules.
iv) HVPNLS Letter of Award No. duly accepted and
detailed award PO No. ...

116
ANNEXURE-VII

Page 2 of 4

v) Performance Bank Guarantee no. dated


issued by ..

All the aforesaid contract documents shall form an integral part of this
agreement, in so as the same or any part conform to the bidding documents
(Vol-I & ll) and what has been specifically agreed to by the owner in its Letter of
Award. Any matter inconsistent therewith, contrary or repugnant there to or any
deviations taken by the contractor in its Bid Proposal, but not agreed to
specifically by the owner shall not form part of this agreement. For the sake of
brevity this agreement along with its aforesaid contract documents shall be
referred to as the Agreement.
3.0 CONDITIONS AND COVENANTS
3.1 The scope of the work contract, consideration, terms of payment, taxes,
wherever applicable, insurance, liquidated damages, performance guarantee
and all other terms and conditions are contained in HVPNLs detailed award PO
No. .. read in conjunction with other aforesaid contract
documents. The contract shall be duly performed by the contractor strictly and
faithfully in accordance with the terms of the agreement.
3.2 The scope of work shall also include design, manufacturing, supply,
transportation to site, erection, civil works, testing & commissioning of
equipment of all such items which are not specifically mentioned in the contract
document, but which are needed for successful, efficient, safe and reliable
operation of the equipment unless otherwise specifically excluded in the
specifications under exclusions or Letter of Award.

3.3 TIME SCHEDULE


Time is the essence of the contract and schedules shall be strictly adhered to
and shall perform the work in accordance with the agreed
schedule.

3.4 QUALITY PLANS


3.4.1 The contractor is responsible for the proper execution of the quality plans. The
work beyond the customers hold points will progress only with the owners
consent. The owner will also undertake quality surveillance and quality audit of
the Contractors/Sub-Contractors works, systems and procedures and quality
control activities. The contractor further agrees that any change in the quality
plan will be made only with the owners approval. The contractor shall also
perform all quality control activities, inspection and tests agreed with the owner
to demonstrate full compliance with the contract requirements.

3.4.2 The contractor also agrees to provide the owner with the necessary facilities for
carrying out inspection, quality audit and quality surveillance of Contractors and
its Sub-Contractors quality assurance systems and manufacturing activities.

117
ANNEXURE-VII

Page 3 of 4

3.5 The contractor guarantees that all the equipment under the contract shall meet
the ratings and performance parameters as stipulated in the technical
specifications (Volume II) and in the event of any deficiencies found in the
requisite performance figures, the owner may at its option reject the equipment
or alternatively accept it on the terms and conditions and subject to levy of the
liquidated damages in terms of contract documents. The amount of liquidated
damages so leviable shall be in accordance with the contract documents and
without any limitation.

3.6 It is further agreed by the Contractor that the contract performance guarantee
shall in no way be construed to limit or restrict the owners right to recover the
damages/compensation due to short-fall in the equipment performance figures
as stated above or under any other clause of the Agreement. The amount of
damages/compensation shall be recoverable either by way of deduction from
the contract price, contract performance guarantee and/or otherwise.

The contract performance guarantee furnished by the contractor is irrevocable


and unconditional and the owner shall have the powers to invoke it
notwithstanding any dispute or difference between the owner and the contractor
pending before any court, tribunal, arbitrator or any other authority.

3.7 This agreement constitutes full and complete understanding between the
parties and terms of the presents. It shall supersede any prior correspondence,
terms and conditions contained in the agreement. Any modification of the
agreement shall be effected only by a written instrument signed by the
authorised representative of both the parties.

4.0 SETTLEMENT OF DISPUTES


It is specifically agreed by and between the parties that all the differences or
disputes arising out of the Agreement or touching the subject matter of the
Agreement shall be decided by the process of settlement & arbitration as
specified in clause 50 and 51 of the Conditions of Contract & of the provisions
of the Indian Arbitration and Conciliation Act 1996 shall apply and PANCHKULA
Courts alone shall have exclusive jurisdiction over the same.

4.1 NOTICE OF DEFAULT


Notice of default given by either party to the other party under Agreement shall
be in writing and shall be deemed to have been duly and properly served upon
the parties hereto if delivered against acknowledgement or by telex or by
registered mail with acknowledgement duly addressed to the signatories at the
addresses mentioned herein above.

118
ANNEXURE-VII

Page 4 of 4

IN WITNESS WHEREOF, the parties through their duly authorised


representatives have executed these presents (execution where of has been
approved by the competent authorities of both the parties) on the day, month
and year first above mentioned at Panchkula.

Signed, sealed and Delivered by the

FOR AND ON BEHALF OF HARYANA VIDYUT PRASARAN NIGAM LTD.

NAME :
TITLE : CHIEF ENGINEER/ MM
HVPNL, PANCHKULA

IN THE PRESENCE OF
FOR AND ON BEHALF OF

NAME :
TITLE :

IN THE PRESENCE OF:

119
ANNEXURE VIII
Page 1 of 4

FORM OF JOINT VENTURE AGREEMENT

(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE TO BE

PURCHASED IN THE NAME OF JOINT VENTURE)

PROFORMA OF JOINT VENTURE AGREEMENT


BETWEENAND .. FOR
E-TENDER ENQUIRY No. REC- , OF HARYANA VIDYUT PRASARAN NIGAM
LIMITED.

THIS joint venture agreement executed on this day of


...Two thousand . between M/s
..... a Company incorporated
under the laws of .. and having its
registered office at
(herein after called the Lead Partner which expression shall include its successors,
executors and permitted assigns), M/s . a Company
incorporated under the laws of
and having its registered office at
(herein after called the Partner which expression shall include its successors,
executors and permitted assigns) and M/s
a Company incorporated under the laws of and having
its registered office at(herein after called the
Partner which expression shall include its successors, executors and permitted
assigns) for the purpose of making a bid and entering into a contract (in case of award)
against the e-Tender Enquiry No. REC- for supply & erection of Creation of 132kV
D/C composite line from 132kV S/Stn. Badli to proposed 132kV S/Stn. GIS Badsa
(AIIMS) of Haryana Vidyut Prasaran Nigam Limited having its office at Panchkula,
Haryana, (hereinafter called the Employer).

WHEREAS the Employer invited bids as per the above mentioned Specification of
supply & erection of Creation of 132kV D/C composite line from 132kV S/Stn. Badli to
proposed 132kV S/Stn. GIS Badsa (AIIMS) AND WHEREAS clause 2.7 ITB of Bidding
Documents stipulates that a Joint Venture of two or more firms as partners, meeting
the qualification requirements may submit their bid and in such a case, the e-tender
documents shall be signed by all the partners so as to legally bind all the Partners of
the Joint Venture, who will be jointly and severally liable to perform the Contract and all
obligations hereunder.

The above clause further states that the Joint Venture agreement shall be attached to
the bid and the contract performance guarantee will be as per the format enclosed with
the bidding document without any restrictions or liability for either party.

120
ANNEXURE VIII
Page 2 of 4

AND WHEREAS the bid has been submitted to the Employer ..


by Lead partner based on the Joint Venture Agreement between all the partners under
these presents and the bid has been signed by all the partners.

NOW THIS INDENTURE WITNESSETH AS UNDER:

In consideration of the above premises and agreements all the partners to this Joint
Venture do here by now agree as follows:

1. In consideration of the award of the Contract by the Employer to the Joint


Venture partners, we, the Partners to the Joint Venture agreement do hereby
agree that M/s . shall act as
lead Partner and further declare and confirm that we shall jointly and severally
be bound unto the Employer for the successful performance of the Contract and
shall be fully, responsible for the successful execution of the contract.

2. In case of any breach of the said contract by the Lead Partner or other partner(s)
of the Joint Venture Agreement, the partner(s) do hereby agree to be fully
responsible for the successful performance of the contract and to carry out all
the obligations and responsibilities under the Contract in accordance with the
requirements of the Contract.

3. Further, if the Employer suffers any loss or damage on account of any breach
in the contract, the partner(s) of these presents undertake to promptly make
good such loss or damages caused to the Employer, on its demand without any
demur. It shall not be necessary or obligatory for the Employer to proceed
against lead Partner to these presents before proceeding against or dealing with
the other Partner(s).

4. The financial liability of the Partners of this Joint Venture Agreement to the
Employer, with respect to any of the claims arising out of the non-performance
of the obligations set forth in the said Joint Venture Agreement, however, not
be limited in any way so as to restrict or limit the liabilities of any of the Partners
of the Joint Venture Agreement.

5. It is expressly understood and agreed between the Partners to this Joint Venture
Agreement that the responsibilities and obligations of each of the partners shall
be as delineated in Appendix-1 (To be incorporated suitably by the Partners)
to this agreement. It is further agreed by the Partners that the above sharing of
responsibilities and obligations shall not in anyway be a limitation of joint and
severe responsibilities of the Partners under this Contract.

6. This Joint Venture Agreement shall be construed and interpreted in accordance


with the laws of India and the courts of Panchkula shall have the exclusive
jurisdiction in all matters arising there under.

121
ANNEXURE
VIII
Page 3 of 4

7. In case of an award of a Contract, We the Partners to the Joint Venture


Agreement do hereby agree that we shall be jointly and severally responsible
for furnishing a contract performance security from a bank in favour of the
Employer in the forms acceptable to the Employer for value of 10% of the
Contract price.

8. It is further agreed that the Joint Venture Agreement shall be irrevocable and
shall form an integral part of the Contract and shall continue to be enforceable
till the Employer discharges the same. It shall be effective from the date first
mentioned above for all purposes and intents.

In WITNESS WHEREOF, the Partners to the Joint Venture agreement have through
their authorised representatives executed these presents and affixed common seal of
their companies, on the day, month and year first mentioned above.

1. Common Seal of . For lead partner


has been affixed in my/our presence

pursuant to the Board of Directors (Signature of authorised

resolution dated representative)

Designation. Name..

Name Designation

Designation. Common Seal of the


Company

2. Common Seal of . For lead partner


has been affixed in my/our presence

pursuant to the Board of Directors (Signature of authorised

resolution dated representative)

Name..

Designation

Designation Common Seal of the


Company

Name..

Designation..

122
ANNEXURE VIII
Page 4 of 4

WITNESSES:

(Signature) (Signature)

Name
Name..

.. .

(Official Address) (Official Address)

123
ANNEXURE IX

Page 1 of 2

FORM OF POWER OF ATTORNEY FOR JOINT VENTURE

(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE TO BE

PURCHASED IN THE NAME OF JOINT VENTURE)

KNOW ALL MEN BY THESE PRESENTS THAT WE, the partners whose details are
given hereunder.... have formed a Joint Venture under the laws of
.... and having our Registered office(s)/head office(s) at
.. (herein after called the Joint Venture which expression shall
unless repugnant to the context or meaning thereof, include its successors,
administrators and assigns) acting through M/s ..
being the Lead partner do hereby constitute, nominate and appoint
M/s.. a Company incorporated under the laws of
.. and having its Registered/Head Office at
.. as our duly constituted lawful Attorney (hereinafter called Attorney
or Authorized Representative or Lead partner) to exercise all or any of the powers
for and on behalf of the Joint Venture in regard to e-Tender Enquiry
No the bids for which have been invited by Haryana Vidyut
Prasaran Nigam Limited having its office at Panchkula, Haryana (hereinafter called the
Employer) to undertake the following acts:

i. To submit proposal and participate in the aforesaid e-Tender Enquiry of the


Employer on behalf of the Joint Venture.

ii. To negotiate with the Employer the terms and conditions for award of the
contract pursuant to the aforesaid e-Tender Enquiry and to sign the Contract
with the Employer for and on behalf of the Joint Venture.

iii. To do any other act or submit any document related to the above.

iv. To receive, accept and execute the Contract for and on behalf of the
Joint Venture.

It is clearly understood that the lead Partner shall ensure performance of the
Contract(s) and if one or more partners fail to perform their respective portions
of the Contract(s), the same shall be deemed to be a default by all the Partners.

It is expressly understood that this Power of Attorney shall remain valid binding
and irrevocable till completion of the Defects Liability Period in terms of the
Contract.

124
ANNEXURE IX

Page 2 of 2

The Joint Venture hereby agrees and undertakes to ratify and confirm all
whatsoever the said Attorney/Authorised Representative/Lead partner quotes
in the bid, negotiates and signs the Contract with the Employer and/or proposes
to act on behalf of the Joint Venture by virtue of this Power of Attorney and the
same shall bind the Joint Venture as if done by itself.

IN WITNESS THEREOF the Partners constituting the Joint Venture as


aforesaid have executed these presents . on this . Day
of .. under the Common Seals(s) their Companies.

for and on behalf of the

Partners of Joint Ventures

..

Common Seal of the above Partner(s) of the Joint Venture, the Common Seal
has been affixed there unto in the presence of:

WITNESS

1. Signature
Name

Designation .

Occupation

2. Signature
Name .

Designation ..

Occupation .

125
ANNEXURE X
Page 1 of 2
PERFORMA OF BANK GUARANTEE FOR ADVANCE PAYMENT

(To be stamped in accordance with stamp Act)

Ref: .. Bank Guarantee No

Date:

Chief Engineer (MM),


HARYANA VIDYUT PRASARAN NIGAM LIMITED
Panchkula 134113.

Dear Sir,

In consideration of Haryana Vidyut Prasaran Nigam Limited, (hereinafter referred to as


the Owner which expression shall, unless repugnant to the context or meaning thereof
include its successors, administrators and assigns) having awarded to
M/s(with Registered/Head Office at)
(hereinafter referred to as the Contractor which expression
shall unless repugnant to the context or meaning thereof, include its successors,
administrators, executors and assigns), a Contract by issue of Owners letter of Award
No...dated .and the same having been unequivocally
accepted by the contractor, resulting into a contract bearing No. dated
valued at .. for contract. (Scope of work)

(hereinafter called the Contract) and the Owner having agreed to make an advance
payment to the contractor for performance of the above contract amounting
..(in words and figures) as an advance against Bank Guarantee to be
furnished by the contractor.

We, (Name of the Bank)


. Address .Tel No. ... Fax
No. .

having its Head Office at .. (hereinafter referred to as the Bank


which expression shall, unless repugnant to the context or meaning thereof, include its
successors, administrators, executors and assigns) do hereby guarantee and
undertake to pay the Owner, immediately on demand any or, all monies payable by the
Contractor to the extent ofas aforesaid at any
time upto. without any demur, reservation, contest,
recourse or protest and/or without any reference to the Contractor.

Any such demand may by the Owner on the Bank shall be conclusive and binding
notwithstanding any difference between the Owner and the Contractor or any dispute
pending before any Court, Tribunal, Arbitrator or any other authority. We agree that the
guarantee herein contained shall be irrevocable and shall continue to be enforceable
till the Owner discharge this guarantee.

126
Page 2 of 2

The Owner shall have the fullest liberty without affecting in any way the liability of the
Bank under this guarantee, from time to time to vary the advance or to extend the time
for performance of the contract by the Contractor. The Owner shall have the fullest
liberty, without affecting this guarantee, to postpone from time to time the exercise of
any powers vested in them or of any right which they might have against the Contractor,
and to exercise the same at any time in any manner, and either to enforce or to for bear
to enforce any covenants, contained or implied, in the Contract between the Owner and
the Contractor or any other course or remedy or security available to the Owner. The
bank shall not be released of its obligations under these presents by any exercise by
the Owner of its liberty with reference to the matters aforesaid or any of them or by
reason of any other act or forbearance or other acts or omission or commission on the
part of Owner or any other indulgences shown by the Owner or by any other matter or
thing whatsoever which under law would, but for this provision have the effect of
relieving the Bank.

The Bank also agrees that the Owner at its option shall be entitled to enforce this
Guarantee against the Bank as a principal debtor, in the first instance without
proceeding against the Contractor and notwithstanding any security or other guarantee
the Owner may have in relation to the Contractors liabilities.

Notwithstanding anything contained herein above our liability under this guarantee is
limited to .. and it shall remain in force upto and including
. and shall be extended from time to time for such period (not
exceeding one year), as may be desired by M/s .. on
whose guarantee has been given.

Dated this .day of.2017at

WITNESS

.
(Signature) (Signature)

.
(Name) (Name)

.
(Official Address) (Designation with Bank Stamp)
Attorney as per Power of
Attorney No
Date :

NOTE :

The non-judicial stamp papers of appropriate values shall be purchased in the name
of bank who issues the Bank Guarantee.

127
Annexure XIII
Page 1 of 2

PERFORMA OF DECLARATION
(To be submitted by the bidder alongwith his Bid)

Ref: .. Date:

To

Chief Engineer/MM,
HARYANA VIDYUT PRASARAN NIGAM LIMITED,
Panchkula 134109.
Dear Sirs,

I, ___________________________________ authorised Representative of M/s


________________________ do hereby solemnly declare that our firm M/s
_____________________ has not been blacklisted/ debarred / suspension of
commercial relationship by any State Government / Central Government or any
Agency and that we shall be liable for consequence of wrong declaration.

Signature alongwith Seal


of Co.

(Duly authorised to sign


the tender
on behalf of the
Contractor)

Name

.

Designation
Name of Co. .
(in Block Letters)

128
REC- Annexure-XII

PRICE VARIATION SCHEDULE


The formulas for calculating the price adjustment to be applied to the unit
price components for tower material, conductor and earthwire is as under:

1. TOWER MATERIAL (includes tower extensions and gantries)


Formula P=Po /100 {11+32(SBL/SBLo)+25(SBI/SBI0)+09(Zn/Zno)+23(W/Wo)}
P Price payable as adjusted in accordance with the above formula
Po price quoted /confirmed
SBLo Price of steel blooms
This price is as applicable on the 1st. working day of the month, one month
prior to the date of tendering.
SBIo Price of steel billets
This price is as applicable on the 1st working day of the month, one month
prior to the date of tendering
Zno Price of electrolytic high grade zinc
This price is as applicable on the 1st working day of the month, one month
prior to the date of tendering
Wo All india average consumer price index number for industrial workers, as
published by the labour bureau, Ministry of labour, Govt. of India(base
2001=100)
This index number is as applicable on the 1st working day of the month,
three months prior to the date of tendering
2. ACSR CONDUCTOR
Formula P=Po+WA(A1-Ao)+WS(S1-So)
P Price payable as adjusted in accordance with the above formula
Po Confirmed price as per PO
WA Weight of Aluminium (in MT)
A0 Base price of EC Aluminium rod as per CACMAI, 30 days to opening of bid
A1 Base price of EC Aluminium rod as per CACMAI, 30 days prior to offer of
inspection of material.
S0 Base price of high tensile galvanized steel wire as per CACMAI, 30 days
prior to opening of bid
S1 Base price of high tensile galvanized steel wire as per CACMAI, 30 days
prior to offer of inspection of material.

129
SECTION V

TECHNICAL

SPECIFICATIONS

(REFER VOL-II)

130
SECTION VI

PRICE

SCHEDULES

131
Schedule-1
Sr.no. Name of lines Total bid value
including GST

(in INR)

1 Creation of 132kV D/C Line from 132kV S/Stn. Badli to


proposed 132kV S/Stn. GIS Badsa (AIIMS) on D/C tower
with 0.4sq ACSR conductor/XLPE cable of capacity
equivalent 0.4sq ACSR conductor as a deposit work of
AIIMS. (Tower portion)
2 Creation of 132kV D/C Line from 132kV S/Stn. Badli to
proposed 132kV S/Stn. GIS Badsa (AIIMS) on D/C tower
with 0.4sq ACSR conductor/XLPE cable of capacity
equivalent 0.4sq ACSR conductor as a deposit work of
AIIMS. (Cable portion)
Gross total for all above works (INR)

132
SCHEDULE 2-A
Name of line: Creation of 132kV D/C composite line from 132kV S/Stn. Badli to proposed 132kV S/Stn. GIS Badsa (AIIMS) on D/C tower with
0.4sq ACSR conductor/XLPE cable of capacity equivalent 0.4sq ACSR conductor as a deposit work of AIIMS. (TOWER PORTION)
(Supply, erection & civil schedule)
Note (Erection) (Erection) (Civil)
(Supply) (Supply)
Unit price sub-Total Unit
Unit price Sub-Total
(including price price
(including price Gross total
erection (including (including (Civil) sub-Total
Ex-works (including including
Total works erection civil price (including
price, F&I Ex-works GST=Total
Qty.(for charges, works works civil works
and all price, F&I Total price X1.18
supply F&I and charges, charges, charges, F&I
Sr. other and all qty. for total (INR)
DESCRIPTION UNIT and all other F&I and all F&I and and all other
No taxes, other civil price(INR) prevailing
erecttion taxes, other all other taxes, duties,
duties, taxes, works rate of GST
sr.no. 1.1 duties, taxes, taxes, levies/ cess
levies/ duties, on work
to 9) levies/ duties, duties, excluding
cess levies/ contract
cess levies/ levies/ GST)(INR)
excluding cess =18%
excluding cess cess
GST) excluding
GST) excluding excluding
(INR) GST) (INR)
(INR) GST(INR) GST)(INR)
1 2 3 4 5 6 7=6x5 8 9=8x5 10 11 12=10x11 12=7+9+12 13=12*1.18

The bidder shall


offer only one
Fabrication, supply and
option for the
erection of tower part with
insulator strings
stubs, bolts & nuts, step bolts,
1 (A/F disc or
U-bolts, hangers, D-shakle etc.
polymer) out of
of following type of Towers as
the two options
per HVPNs K.R.R. design.
mentioned above
in his bid.
i) 132kV DA type 0
1.1 No. 21
Tower(K.R.R. Design)
ii) +3 mtr. extn. only No. 5 0
i) 132kV DB type tower 0
1.2 No. 1
(K.R.R. Design)
i) 132kV DC type Tower 0
1.3 No. 1
(K.R.R. Design)

133
ii) +6 mtr. extn. only No. 1 0
i) 132kV DD type Tower 0
1.4 No. 9
(K.R.R. Design)
ii) +3 mtr. extn. only No. 2 0
ii) +6 mtr. extn. only No. 2 0
i) 132 kV D/C Gantry of 0
1.5 K.R.R. Design (T-2 , B- No. 3
1)
Supply & Erection of
2 earthing of towers
i) Pipe type Sets 35 0
Supply & Erection of
following Tower
accessories
i) Danger Plate No. 35 0
ii) Number Plate No. 35 0
3 0
iii) Phase Plate(set of 3) Sets 30
iv) Circuit Plate (set of 0
Sets 35
2)
v) Bird Guard (Set of 3) Sets 42 0
vi) Anti climbing device Sets 35 0
B LINE MATERIAL
Supply & Erection 0
Conductor (ACSR
4 Km 51.328
Zebra:54/7/3.18
mm)
Supply & Erection Earth 0
5 Km 8.555
wire(7/ 3.15 mm)
A/F type Disc Insulator
6 No.
or Silicon Rubber

134
Polymer Insulator
strings
i) 70 kN No. 138 0
ii) 120 kN 168 0
Supply & Erection of 0
7 Set 18
132kV Post Insulators
Supply & Erection of
Hardware Fittings
(a) Single I 0
Set 126
Suspension String
8
(b) Single suspension 0
Set 12
pilot string
(c) Single Tension 0
Set 168
string
Conductor & Earth wire
9
Accessories
i) Mid Span 0
Compression Joint for No. 34
conductor
ii) Mid Span 0
Compression Joint for No. 5
earth wire
iii) Repair sleeves for 0
No. 10
conductor
iv) Flexible copper 0
No. 35
Bond
v) Vibration damper for 0
No. 516
conductor
vi) Vibration damper 0
No. 86
for earthwire
vii) Earth-wire tension 0
No. 28
clamp

135
viii) Earth-wire 0
No. 21
suspension clamp
10 Detailed Survey Km. 0 9
Foundation cost
quoted against
all types of
foundations for
Furnishing bore log
11 different types of No. 0 10
data
towers shall be
per tower basis
i.e. for all the four
legs of the tower
Foundation price Construction of 132kV
quoted for gantry D/C tower foundations
tower shall be for as per HVPNL
ONE complete Drawings &
location. Specifications for 0 to
12 6mtr. including
excavation, concreting,
supply and placement
of steel reinforcement
and backfilling complete
in all respect.
i) 132kv D/C Tower DA
type (KRR Design)
classified as
- Dry type No. 0 2
- Wet type (w/out
No. 0 19
de-watering)
ii) 132kv D/C Tower
DB type (KRR Design)
classified as

136
- Wet type (w/out
No. 0 1
de-watering)
iii) 132kv D/C Tower
DC type (KRR Design)
classified as
- Wet type (w/out
No. 0 1
de-watering)
iv) 132v D/C Tower DD
type (KRR Design)
classified as
- Dry type No. 0 2
- Wet type (w/out
No. 0 7
de-watering)
Construction of 132kV
D/C gantry foundations
as per HVPNL
Drawings & including
excavation, concreting,
supply & placement of
13 No. 0 3
steel reinforcement &
backfilling complete in
all respect.
i) 132kV KRR design
gantry (T-2) one set of
3 no. footings
Construction of 120kV
LA foundation as per
HVPNL Drawings
(HVPN-0017) &
14 No. 0 6
including excavation,
concreting, supply &
placement of steel
reinforcement &

137
backfilling complete in
all respect.
Dewatering of subsoil
water for lowering of
water table to enable
excavation of earth,
concreting for
foundations/stub and
backfilling, by boring of
tube wells or deploying
well point system so
that continuous
lowering of water table
is made till completion
15 of work, without No. 0 2
disturbing the soil
characteristics. The rate
shall include all type of
expenditure for required
dewatering
arrangements and
irrespective of type of
tower i/c extensions if
any i.e. KRR design or
TATA design or Jyoti
design or monopole
design etc.
16 Protection Measure
Brick masonry in 1:4
i) cement sand mortar Cum 0 2
including excavation
Earth filling,
ii) compaction, leveling etc Cum 0 2
inside revetments

138
M-20 (1:1 :3 mix)
concrete for top seal
iii) Cum 0 1
cover, for revetment
etc.
iv) Lean concrete (1:4:8) Cum 0 1
RCC 1:1.5:3 M-20
excavation, cutting and
placing of steel,
v) Cum 0 5
centering & shuttering,
concreting complete in
all respect.

139
SCHEDULE 2-B
Name of line: Creation of 132kV D/C composite line from 132kV S/Stn. Badli to proposed 132kV S/Stn. GIS Badsa (AIIMS) on D/C tower
with 0.4sq ACSR conductor/XLPE cable of capacity equivalent 0.4sq ACSR conductor as a deposit work of AIIMS (cable portion)
(Supply & erection schedule)
Sr. Note Description (Erection & (Erection& Gross
No (Supply)
(Supply) civil) Unit civil) sub- total
Sub-Total Gross total
Unit price price Total price including
price inlcuding
(including (including (including GST=Total
(including GST=Total
Ex-works erection & erection & price
Ex-works price X1.18
price, F&I civil works civil works total X1.18
price, F&I (INR)
Unit Total Qty. and all other charges, charges, price (INR)
and all other prevailling
taxes, F&I and all F&I and all ( INR) prevailing
taxes, rate of GST
duties, other taxes, other taxes, rate of
duties, on work
levies/ cess duties, duties, GST on
levies/ cess contract
excluding levies/ cess levies/ cess work
excluding =18%
GST) (INR) excluding excluding contract
GST) (INR)
GST) (INR) GST(INR) =18%
1. It is specific for Detailed Survey (tentative route length
all the bidders 170 mtr.), Supply, laying, testing &
to visit the commissioning of D/C 1200 mm sq copper
office of SE/TS, Milliken Conductor 132kV XLPE cable
Rohtak to see including loops and riser in flat formation
the site with one spare cable for each circuit (6+2)
Mtrs. 1360
constraints and civil works complete in all respects
before including man holes for jointing bays, if
finalizing / required, on through rate basis as per
submitted the technical specification with trench method
bids (directly buried) (tentative length of trench
170 mtr.)
2 Detailed Survey (tentative route length
380 mtr.), Supply, laying, testing &
commissioning of D/C 1200 mm sq copper
Mtr. 3040
Milliken Conductor 132kV XLPE cable
including loops and riser in flat formation
with one spare cable for each circuit (6+2)

140
and civil works complete in all respects
including man holes for jointing bays, if
required, on through rate basis as per
technical specification with trenchless
method (tentative length of trenchless/
HDD section 380 mtr.)
3. The cable will be
laid 2.5 mtr. to 3
mtr. below ground Supply, Erection, Testing &
level of 132 kV Commissioning of End Terminations as
substation Badli per technical specification suitable for No. 16
and approx. 12 above cable as per bidders standard
mtr. below the top
of KMP express
design
highway
4 The route length /
quantities of 132 Supply, Erection, Testing &
kV line shown
above are
Commissioning of Link Box with SVL (to be No. 8
tentative & may decided as per requirement)
vary.
5 Supply, Erection, Testing &
Commissioning of Link Box with-out SVL No 8
(to be decided as per requirement)
6 Any other items Supply, Erection, Testing &
not included in the
BOQ but required
Commissioning of 1 x 300mm2, Copper
for successful Conductor, PVC insulated, Unarmoured,
commissioning of 6.6 KV Sheath Bonding cable (to be Mtrs 200
the line, would be
supplied/ erected
decided as per requirement)
free of cost by
successful bidder.
7 Supply, Erection, Testing &
Commissioning of 120 kV LAs with surge No. 6
counter, structure (as per HVPNL

141
Structure no. HHW/ST-63R) and earthing
material complete in all respects
8 Supply, Erection, Testing &
Commissioning of Terminal Connectors
No. 16
including Hardware fitting & ACSR Zebra
conductor etc.
9 Supply and Erection/ laying of HDPE pipe
Mtr. 3040
required for various crossings
10 Supply & erection of warning tape Mtr. 1080
11 Supply, erection & testing of security
arrangement of the area covering gantry ,
LA & cable termination structure as per Lot 1
bidders design, to be got approved from
HVPNL

142
SCHEDULE-3
Page 1 of 1

Creation of 132kV D/C Line from 132kV S/Stn. Badli to proposed 132kV S/Stn.
GIS Badsa (AIIMS)
(Commercial Deviation Schedule)

Bidders Name & Address To


Chief Engineer (MM)
HVPNL, Panchkula,
Haryana 134113
Dear Sirs,

SUB: Commercial deviations for Creation of 132kV D/C Line from 132kV S/Stn.
Badli to proposed 132kV S/Stn. GIS Badsa (AIIMS).
The following are the Commercial Deviations and variations from and
exceptions to the specifications and documents for the subject package. These
deviations and variations are exhaustive. Except these deviations, the entire
work shall be performed as per your specifications and documents.

Vol./Clause Ref./Page No. As specified in Commercial


the specification Deviation and
variations to the
specifications

Date: (Signature ) _________________________


(Printed Name) ______________________
Place: (Designation) _______________________
(Common Seal) _____________________

Note:
1. Continuation sheets of like size and format may be used as per Bidders
requirements and annexed to this schedule.
2. The Bid will not be considered if deviation appears elsewhere apart
from above mentioned deviations

143
SCHEDULE 4
Page 1 of 1

Creation of 132kV D/C Line from 132kV S/Stn. Badli to proposed 132kV S/Stn.
GIS Badsa (AIIMS) (Technical Deviation Schedule)

Bidders Name & Address To


Chief Engineer (MM),
HVPNL, Panchkula,
Haryana 134113
Dear Sirs,

Subject: - Technical Deviations for Creation of 132kV D/C Line from 132kV S/Stn.
Badli to proposed 132kV S/Stn. GIS Badsa (AIIMS).

The following are the Technical Deviations and variations from and exceptions
to the specifications and document for the subject package. These deviations
and variations are exhaustive. Except there deviations, the entire work shall be
performed as per your specifications and documents.

Vol./Clause Ref./Page No. As specified in Deviation and


the specification variations to the
specifications

Date: (Signature) __________________________


(Printed Name) _______________________
Place: (Designation) ________________________
(Common Seal) ______________________

Note:
1. Continuation sheets of like size and format may be used as per Bidders
requirement and annexed to this schedule.
2. The Bid will not be considered if deviation appears elsewhere apart
from above mentioned deviations.

144
SCHEDULE-5
Page 1 of 1

Creation of 132kV D/C Line from 132kV S/Stn. Badli to proposed 132kV S/Stn.
GIS Badsa (AIIMS).
(Schedule of Additional Information)

Bidders Name & Address To


Chief Engineer (MM),
HVPNL,
Panchkula,
Haryana 134113

We have enclosed with our proposal the following additional information for
Creation of 132kV D/C Line from 132kV S/Stn. Badli to proposed 132kV S/Stn. GIS
Badsa (AIIMS):

Sr. No. Brief Description of Information Ref. & Page No.

Date: (Signature) _________________________


(Printed Name) _______________________
Place: (Designation) ________________________
(Common Seal) ______________________

Note:
Continuation sheets of like size and format may be used as per Bidders requirements
and annexed to this schedule.

145
- Schedule-6

Creation of 132kV D/C Line from 132kV S/Stn. Badli to proposed 132kV S/Stn.
GIS Badsa (AIIMS)
(Qualification Data)

Bidders Name & Address To


Chief Engineer (MM),
HVPNL, Panchkula,
Haryana 134113

In accordance with the clause 2.0 of Section ITB, we are furnishing the following
details/documents in support of Qualifying Requirement for Turnkey Package for
Creation of 132kV D/C Line from 132kV S/Stn. Badli to proposed 132kV S/Stn. GIS
Badsa (AIIMS).
1.0 Attached copies of original documents defining.
a) The constitution or legal status.
b) The place of registration and principal place of business.
c) Written power of attorney of the signatory of the bid to commit the bidder.
d) Bid guarantee.
2.0 Attached copies of original agreements. (In case of Joint Venture only)
a) Signatured Power of Attorney for Joint Venture.
b) A Joint Venture Agreement providing the joint and severe liability of all
partners in the event the contract is awarded to us.
3.0 Attached copies of original letter of authority to seek reference from our bankers.
4.0 General Information
All individual firms and each partner of a joint venture bidding for the package
are requested to complete the information in this form.
1. Name of firm
2. Head Office address
3. Telephone
Contact Person:
4. Fax :
Telex :
5. Place of incorporation/registration
6. Year of Incorporation/Registration

5.0 General Experience Record

Name of Bidder or Partners in case of the Joint Venture

All individual firms and all partners of a joint venture are requested to
complete the information in this form.

146
The information supplied should be the annual turnover of the Bidder (or
each member of the joint venture), expressed as total volume of supply of
material & equipment of similar nature in progress or completed.
Use a separate sheet for each partner of joint venture.

Annual Turnover Data


Turnover (In Rs.)
2012-2013
2013-2014
2014-2015
2015-2016
2016-2017

6.0 Joint Venture Summary

Names of all partners of Joint Venture


1. Lead Partner
2. Partner
3. Partner
The lead partner should not have less than 40% share and each of the other
partners should not have less than 25% share in the project/contract.
Annual turnover data (In Rs.)
Partner's Name 2012-13 2013-14 2014-15 2015-16 2016-17
Lead Partner
1. Partner
2. Partner

7.0 Current Contract Commitments/Works in progress


Sr No Name of contract Value of outstanding Work
1.
2.
3.
4.
5.
6.
7.

8.0 Details of Contracts of Similar Nature and Complexity executed as


Prime Contractor:
Use a separate sheet for each contract.

1. Contract No. & Date


Name of the Work
147
2. Name of Employer
3. Employer's Address
4. Nature of works and special features relevant to the contract.
5. Contract role (Tick one)
As Sole contractor As Subcontractor As Partner in a Joint
Venture
6. Value of the total contract
7. Date of Award
8. Date of completion
9.0 Equipment Capabilities
(a) Detail of Plant & Tools available with the Bidder and proposed to be employed
for erection, testing & commissioning of the transmission lines.
(b) Detail of field service organization available.
10.0 (A) Financial Capabilities

Banker Name of Banker

Address of Banker

Telephone Contact name & title

Fax Telex

(B) Specify proposed sources of financing to meet the cash flow demands
of the project net of current commitments.

Source of Financing Amount

(C) Attach a latest certificate from the banker indicating financial limits available with
the firm or each of the joint venture partner.
(D) Attach audited financial statements for the last five years of the firm or each
partner of the joint venture partner.

148
11. Litigation History:
The following details of the litigation with the firm or by the firm. The information
of each of the joint venture partner may be supplied in case of joint venture:-

Year Award FOR or Against Name of client, cause of Disputed


the Applicant litigation and matter in dispute amount

Date: (Signature)
Place: (Printed Name)..
(Designation)
(Common seal)

149
SCHEDULE-7
Page 1 of 1

Creation of 132kV D/C Line from 132kV S/Stn. Badli to proposed 132kV S/Stn.
GIS Badsa (AIIMS)
(Bought out & Sub-Contracted Items)

Bidders Name & Address To


Chief Engineer (MM),
HVPNL, Panchkula,
Haryana 134113

We hereby furnish the details of the items, we propose to buy and the services
propose to sublet for the purpose of supply and erection of the Turnkey package
of Creation of 132kV D/C Line from 132kV S/Stn. Badli to proposed 132kV S/Stn.
GIS Badsa (AIIMS).

Sr. No Description of Qty. proposed to Name of source of Nationality of


services of be bought/ sub- services/ supply source
supplies contracted
1.
2.
3.
4.
5.
6.
7.
8.

Date: (Signature) _________________________


(Printed Name) ______________________
Place: (Designation) _______________________
(Common Seal) _____________________

150
Schedule 8
Page 1 of 1
Creation of 132kV D/C Line from 132kV S/Stn. Badli to proposed 132kV S/Stn.
GIS Badsa (AIIMS)
(Work Completion Schedule)
Bidders Name & Address To
Chief Engineer (MM),
HVPNL, Panchkula,
Haryana 134113
We hereby declare that the following work completion schedule shall be
followed by us in erection, testing and commissioning on Turnkey basis of
Creation of 132kV D/C Line from 132kV S/Stn. Badli to proposed 132kV S/Stn. GIS
Badsa (AIIMS), the period commencing from the date of Award of the contract to
us:-
Sr. Description Period in months starting from
No. date of award of contract
From To
1. Route survey of the line
2. Procurement of main equipment
3. Excavation and casting of trench
through route
a. Commencement
b. Completion
4. Stringing of line
a. Commencement
b. Completion
5. Testing of line

6. Commissioning of line
Note: The above information should be supplied separately for each line. The
work of procurement of towers and casting of foundations should be completed
at least four months prior to expiry of completion period.
Date: Signature: _______________

Place: Printed Name ____________

Designation:_______________

Common seal ____________

151
Schedule- 9
Page-1 of 1

Creation of 132kV D/C Line from 132kV S/Stn. Badli to proposed 132kV S/Stn.
GIS Badsa (AIIMS)
(List of special tools & tackles)

Bidders Name & Address


To
Chief Engineer (MM),
HVPN, Panchkula,
Haryana 134113

Dear Sirs,

We are furnishing below the list of special maintenance tools & tackles for
various equipment for 132 KV transmission lines. The price for these tools &
tackles are already included in the lump sum bid price.

Notwithstanding what is stated above we confirm that any additional special


maintenance tools and tackles, required for the equipment under this package
shall be furnished by us at no extra cost to the employer.

Sr. No. For equipment Item description Unit Qty.

Date : (Signature) __________________________


(Printed Name) _______________________
Place : (Designation) ________________________
(Common Seal) ______________________

152
SCHEDULE 10
Page 1 of 1
Creation of 132kV D/C Line from 132kV S/Stn. Badli to proposed 132kV S/Stn.
GIS Badsa (AIIMS)
(Check List)
Bidders Name & Address
To
Chief Engineer (MM),
HVPNL, Panchkula,
Haryana 134113

Sl. Item Description Reference Declaration


No.
1. 2. 3. 4.
1. Bidders Qualifying data enclosed CI 2.0 of ITB Sec. II Yes/No
Vol. 1
2. Bid Guarantee Cl. 15.0 of ITB Sec. II Yes/No
3. Summary price proposal schedule Schedule 1, Yes/No
filled in BPS, Vol. I
4. Line wise Price component Schedule 2, Yes/No
schedules filled in BPS, Vol. I
5 Commercial Deviations schedule Schedule 3 Yes/No
filled in BPS, Vol. I
6 Technical Deviations schedule Schedule 4 Yes/No
filled in BPS, Vol. I
7. Additional information schedule Schedule 5, Yes/No
filled in BPS, Vol. I
8. Qualifying requirement data Schedule 6, Yes/No
schedule filled in BPS, Vol. I
9. List of Bought out items Schedule 7, Yes/No
BPS, Vol. I
10. Work completion schedule filled in Schedule 8 Yes/No
BPS, Vol. I
11. Relevant Technical details detail Technical Data Sheets on the Yes/No
for equipment package filled in proformas given in Vol. II
12. Contract Quality assurance Cl. 11.0 of ITB Sec. II Yes/No
programme enclosed Vol. 1
13. Bar / PERT Chart The PERT chart indicating Yes/No
schedule of completion of
works be submitted.
(Annexure XIII)
Date: (Signature) _________________________
(Printed Name) ______________________
Place: (Designation) _______________________
(Common Seal) ________

153
Annexure-XI

e-Tender Enquiry
Supply Schedule (Cable portion)
Contractual completion Period: 15 Months
Sr. Activity M-1 M-2 M-3 M-4 M-5 M-6 M-7 M-8 M-9 M-10 M-11 M-12 M-13 M-14 M-15
No.

1. Design of gantry & terminal


structures

2. Supply of gantry & terminal


structures

3. Supply of 66 kV XLPE cable

4. Supply of accessories required to


install 66 kV cable

154
Erection Schedule

PERT/ Bar Chart for 66 KV XLPE cable

Contractual completion Period: 15 Months(Cable portion)

Sr. Activity M-1 M-2 M-3 M-4 M-5 M-6 M-7 M-8 M-9 M-10 M-11 M-12 M-13 M-14 M-15
N
o.
1. Opening of site office and site
store, shifting of T&P at site
store
2. Detailed survey including route
alignment and profiling

3. Log bore data

4. Laying of XLPE cable

5. Erection gantry & terminal


structures

6. Inspection of installation by
Chief Electrical Inspector, Pre-
commissioning tests etc.
7. Commissioning of line

155
Annexure-XI

e-Tender Enquiry
Supply Schedule (Tower portion)
Contractual completion Period: 15 Months
Sr. M-1 M-2 M-3 M-4 M-5 M-6 M-7 M-8 M-9 M-10 M-11 M-12 M-13 M-14 M-15
No Activity

1.
Stubs & Earthling of Towers
2.
Towers & Tower Extensions, Gantries
3.
Disc Insulators
4.
Conductor
5.
Earth wire
6.
Hardware Fittings
7.
Tower accessories

156
Erection Schedule (Tower portion) Contractual completion Period: 15 Months

Sr M-1 M-2 M-3 M-4 M-5 M-6 M-7 M-8 M-9 M-10 M-11 M-12 M-13 M-14 M-15
No Activity

1.
Opening of site office and site store, shifting
of T&P at site store
2.
Detailed survey including route alignment
and profiling
3.
Log bore data, approval of foundation
classification
4.
Supply of sag templates, form boxes
5.
Casting of Tower Foundations
6.
Erection of Towers
7.
Stringing of line.
8.
Tack welding, fixation of towers
accessories, Anti-Climbing device etc
9.
Inspection of line by Chief Electrical
Inspector, Pre-commissioning tests etc.
10.
Commissioning of line

157
158