Hiring of Qualified Coordinating Agency (QCA) for 35MW Solar Power Plant (SPP) at Vadodara in line with the Gujarat Electricity Regulatory Commission (Forecasting, Scheduling, Deviation Settlement and Related Matters of Solar and Wind Generation Sources) Regulations, 2019 for a period of 24 months

Name of work: Hiring of Qualified

Coordinating Agency (QCA) for 35MW

Solar Power Plant (SPP) at Vadodara in

line with the Gujarat Electricity

Regulatory Commission (Forecasting,

Scheduling, Deviation Settlement and

Related Matters of Solar and Wind

Generation Sources) Regulations, 2019"

for a period of 24 months

Estimated cost: 3,25,920/-

GOVERNMENT OF GUJARAT

SARDAR SAROVAR NARMADA NIGAM LIMITED

THIS PAGE HAS BEEN KEPT BLANK

THIS PAGE HAS BEEN KEPT

BLANK INTENTIONALLY.

INVITATIONFORBID

THIS PAGE HAS BEEN KEPT BLANK

NATIONAL COMPETITIVE BIDDING

1. The Executive Engineer (E&M), Electrical &Mechanical Division, Vadodara invites

bids for the construction of works detailed in the table. The bidders may submit bids for any

or all of the following works.

Approximate value

Package Bid security Cost of Period of Class of

Name of work of works

No. (Rs.) document completion Registration

Single Hiring of Qualified Rs.3,25,920/- Rs. 4000.00 Rs 24 NA

Coordinating (Excluding GST) 708.00 (Twenty

Agency (QCA) for Four)

35MW Solar months

Power Plant (SPP)

at Vadodara in line

with the Gujarat

Related Matters of

for a period of

2. Prospective / Interested bidder may download the Bid Documents from website

https://tender.nprocure.comfree of cost till the Time and Date as mentioned on online NIT at

website https://ssnnltender.nprocure.com.

3. However, Bidder who is submitting the Bid Online will have to pay the Bid Document

Fee/Tender Fee through Demand Draft only of any Schedule Bank payable at Vadodara and

in favour of ‘Executive Engineer (E&M), Electrical & Mechanical Division, Vadodara.

Once the Bid is received online, Bid Document / Tender Fee will not be refundable.

As Per GoG R&B Department’s Circular No. PARACH/102/000/IB/221/(59)/C

The Demand Draft for Bid Document / Tender fee and FDR / Bank Guarantee against Bid

Security / EMD shall be submitted in electronic format through online (by scanning) while

uploading the bid, this submission shall mean that bid document / tender fee and Bid

Security / EMD has been received. Accordingly, the offer of only those shall be opened

whose Bid Document / Tender Fee and Bid Security / EMD have been received

electronically. However, for the purpose of realization of Demand Draft, and FDR / Bank

Guarantee bidder shall send the same in original through R.P.A.D.so as to reach to

‘Executive Engineer (E&M), Electrical & Mechanical Division, Vadodara within

7(seven) Days from the last day of bid submission.

Penaltative action for not submitting Demand Draft / FDR / Bank Guarantee in

original to Executive Engineer (E&M) / Tender Inviting Authority by bidder shall be

initiated.WRD GR No. PRC-102014-1-MICell-K.1 Dated: 29/10/2014.

4. Bids received online, will be opened on the time, date and place as specified in the online

NIT at website https://tender.nprocure.com in the presence of the bidders or their

authorized representatives, who wish to remain present.

If the office happens to be closed on the day of opening of the bids as specified, the bids

will be opened on the next working day at the same time and venue.

5. A pre bid meeting will be held on ………………………………at

………………………..hrs. at the office of ………………………………………to clarify

the issues and to answer questions on any matter that may be raised at that stage as stated in

clause 9.2 of ‘instructions to Bidders’ of the bidding documents.

6. Bid Security (EMD) is equal to 1% of Estimated Amount put to bid / tender and should be

rounded off to the next thousand rupees.

7. Other Information is as under:

A. Agencies can prepare and edit their offers a number of times before the end of the

tender submission date and time. After the tender submission date and time, the bidder

cannot modify / edit / withdraw their submitted offer in any case. No written or online

request in this regard shall be granted.

B. Offers in physical form will not be accepted in any case.

C. Demand Draft purchased by the other then bidder and issued after the last date of

submission of Bids, will not be considered or accepted.

D. The cost incurred by the contractor for this offer for clarification or attending

discussion, conferences or site visits will not be reimbursed by the Employer or

Engineer-in-Charge.

E. Conditional tender shall not be accepted.

F. Any changes, addition, alternation made in the prescribed form attached with tender are

liable to be rejected.

G. Any change in format or conditional Bank Guarantee will not be accepted and the

bidder will be considered non-responsive.

H. All the bidders are instructed to fill in information strictly in accordance with the format

given in the checklist /qualification document / tender document.

I. It is mandatory for the bidders to supply each and every information as asked strictly in

electronic format at appropriate places only.

J. Blank / insufficient information shall be treated as nil information and shall result in

disqualification.

K. Even if the bidder has been qualified in a similar or larger size of project in the past, it

shall not be deemed to be a ground / reason for not giving required information for this

L. Information supplied for earlier projects shall not be considered while evaluation of this

bid. The Government will not ask for any other information, unless it is found

absolutely necessary by the competent authority.

M. If found necessary, the contractor will be intimated for negotiation.

8. List of Documents required for work

Following documents shall be submitted in electronic format only through online by

scanning and the (i) Bid Document Fee / Tender Fee(ii) Bid Security / EMD should be

sent in original to the Tender opening authority through RPAD/By Hand/Speed

Post/Courier, so as to reach to Executive Engineer (E&M), Electrical & Mechanical

Division, Vadodara within 7 (seven) Days from last day of submission of Bid.

1. Scanned copy of DD of Tender Fee (of amount as prescribed in tender notice)

2. Scanned copy of EMD (of amount as prescribed in tender notice)

3. Scanned copy of Valid Registration certificate/renewal receipt of registration fee (for those

bidders who are registered in equivalent to ‘E-2’ Class and above of Gujarat State).

4. Scanned copy of Valid Bank certificate/ Undertaking (as per Format specified in

QUALIFICATION INFORMATION)

5. Scanned copies of a Power of Attorney duly authorized by a notary public, if power is

delegated for signing the Bid to other person by the Bidder.

6. Scanned copy of the Audited Balance Sheets of last Five years/CA Certificate.

7. Scanned copy of GST Certificate.

8. Scanned copy of Labour License (if applicable)

9. Scanned copy of EPF and ESI Registration certificate with paid challan for (Month)(Year)

which is paid before end of (Month)(Year) of (Nos)

10. Details of Technical Staff employed along with educational qualification certificate and

appointment letter.

11. The Bidder should be registered as a Qualified Co-ordinating Agency (QCA) with SLDC on

behalf of at least one solar generator in compliance to the Gujarat Electricity Regulatory

Commission (Forecasting, Scheduling, Deviation Settlement and Related Matters of Solar

and Wind Generation Sources) Regulations, 2019 as on the last date of submission of the

Bids. The bidder has to submit registration certificate for the same.

12. Latest Income Tax return, PAN and Income Tax ward where assessed.

13. The Tenderer/ Bidder has experience of minimum work (i.e. either ongoing or completed) of

35 MW solar/ wind power plant and out of them minimum one work (i.e. either ongoing or

completed) of 10 MW solar power plant in Forecasting, Scheduling, Deviation Settlement

and Related Matters of Solar Generation Sources as per GERC regulation of 2019 completed

in last five financial years (Financial Year i.e., April 2021 to March 2026) is compulsory

costing minimum Rs 1.31 lakhs. Certificate shall be issued by Executive Engineer (E&M) or

above of SSNNL or any Central Government of India or any State Government of India or

Semi Government (Central / State) of India shall be considered for Evaluation.

14. An undertaking for employing the necessary staff. Staff should be an established team of

Renewable Resource Analysts, modeling Statisticians, Energy modelers, Software

developers and 24x7 operation and monitoring team.

15. Any other document mentioned in bid document.

THIS PAGE HAS BEEN KEPT BLANK

INSTRUCTIONS TO BIDDERS

THIS PAGE HAS BEEN KEPT BLANK

Section 1: Instructions to Bidders

Table of Clauses

Page No. Page No.

A. General D. Submission of Bids

1. Scope of Bid 15 19. Sealing & Marking of Bids

2. Source of Funds 15 20. Deadline for Submission of

3. Eligible Bidders 15 21. Late Bids

4. Qualification of the 20 22. Modification and

Bidder Withdrawal of Bid

5. One Bid per Bidder 20 E. Bid Opening and Evaluation

6. Cost of Bidding 20 23. Bid Opening

7. Site Visit 20 24. Process to be Confidential

B. Bidding Documents 25. Clarification of Financial

8. Content of Bidding 21 26. Examination of Bids and

Documents Determination of

9. Clarification of Bidding 21 27. Correction of Errors

10. Amendment of Bidding 22 28. Deleted

C. Preparation of Bids 29. Evaluation and Comparison

of Financial Bids

11. Language of Bid 23 30. Deleted

12. Documents Comprising 23 F. Award of Contract

13. Bid Prices 23 31. Award Criteria

14. Currencies of Bid and 24 32. Employer’s Right to Accept

Payment any Bid and to Reject any

15. Bid Validity 24 33. Notification of Award and

Signing of Agreement

16. Bid Security 24 34. Performance Security

17. Alternative Proposals By 25 35. Advance Payment and

Bidders Security

18. Format and Signing of Bid 25 36. Dispute Review Expert

37. Correct or Fraudulent

1. Scope of Bid

1.1. The Employer (Named in Appendix to ITB) invites bids for hiring of QCA agency (as

defined in these documents and referred to as ‘the works”) detailed in the table given in IFB.

The bidders may submit bids for any or all of the works detailed in the table given in IFB.

1.2. The successful bidder will be expected to complete the works by the intended completion

date specified in the Contract Data.

1.3. Throughout these bidding documents, the terms ‘bid’ and ‘tender’ and their derivatives

(bidder/ tenderer, bid / tender, bidding/ tendering, etc.) are synonymous.

2. Source of Funds

2.1. The expenditure on this project will be met from the budget of Govt. of Gujarat / Govt. of

India for centrally sponsored projects.

3. Eligible Bidders

3.1. This Invitation for Bids is open to all eligible bidders.

3.2. All bidders shall provide in Section 2, Forms of Bid and Qualification Information, a

statement that the Bidder is neither associated, nor has been associated, directly or indirectly,

with the consultant or any other entity that has prepared the design, specifications, and other

documents for the Project or being proposed as Project Manager for the Contract. A firm that

has been engaged by the Employer to provide consulting services for the preparation or

supervision of the works, and any of its affiliates, shall not be eligible to bid.

4. Qualification of the Bidder

4.1. All bidders shall provide in Section 2, Forms of Bid and Qualification Information, a

preliminary description of the proposed work method and schedule, including drawings and

charts, as necessary. The proposed methodology should include a program of construction

backed with equipment planning and deployment duly supported with broad calculations and

quality assurance procedures proposed to be adopted justifying their capability of execution

and completion of work as per technical specifications, within stipulated period of

4.5. QUALIFICATION CRITERIA:

4.5.1. Qualification will be based on Applicant’s meeting all the following minimum pass/ fail

criteria regarding the Applicant’s general and particular experience, personnel and equipment

capabilities and financial positions, as demonstrated by the applicant’s responses in the forms

attached to the letter of application ( specified requirement for joint ventures are given under

para 4.6 below ) Subcontractors experience and resources shall not be taken in to account in

determining the applicants compliance with the qualifying criteria.

To qualify for more than one contract, the applicant must demonstrate having experience and

resources sufficient to meet the aggregate of the qualification criteria for each contract given

in paragraphs 4.5.4, 4.5.5 and 4.5.9 below

4.5.2. Base year and Escalation

The base year shall be taken as Current financial year.

Following enhancement factors will be used for the costs of works executed and the financial

figure to a common base value for works completed in India.

Year Financial Year Multiplying factor

Base year of inviting 2026-2027

Applicant should indicate actual figures of costs and amount for the works executed by them

without accounting for the above-mentioned factors.

In case the financial figures and value of completed works are in foreign currency the above

enhanced multiplying factors will not be applied. Instead, the current market exchange rate

(State Bank of India BC Selling rate as on the last date of submission of the bid) will be

applied for the purpose of conversion of the amount in foreign currency into India rupees.--

4.5.3. General Experience.

The Applicant shall meet with the following minimum criteria:

(a) Achieved a minimum annual financial turnover of Rs. 1.48 Crorefor works in progress

and completed in all classes of Civil engineering construction works in any one year,

over the last five financial years.-- Deleted

(b) Work Experience:

The Bidder should be registered as a Qualified Co-ordinating Agency (QCA) with SLDC

on behalf of at least one solar generator in compliance to the Gujarat Electricity

Regulatory Commission (Forecasting, Scheduling, Deviation Settlement and Related

Matters of Solar and Wind Generation Sources) Regulations, 2019 as on the last date of

submission of the Bids.

The Tenderer/ Bidder has experience of minimum work (i.e. either ongoing or

completed) of 35 MW solar/ wind power plant and out of them minimum one work (i.e.

either ongoing or completed) of 10 MW solar power plant in Forecasting, Scheduling,

Deviation Settlement and Related Matters of Solar Generation Sources as per GERC

regulation of 2019 completed in last five financial years (Financial Year i.e., April

to March 2026) is compulsory costing minimum Rs 1.31 lakhs

The corresponding supporting certificates/ documents justifying qualification shall be

submitted along with the Bid.

The works may have been executed by the applicant as a prime contractor or as a

member of a joint venture or as a nominated sub-contractor. As subcontractor, he should

have acquired the experience of execution of all major items of work under the proposed

contract. In case a project has been executed by a joint venture, weight towards

experience of the project would be given to each joint venture in proportion to their

financial participation in the joint venture.if work executed jointly otherwise as per the

scope of work define in Joint Venture agreement.

Substantially completed works means those works which are at least 90 % completed as

on the date of submission (i.e. gross value of work done up to the last date of submission

is 90 % or more of the original contract price) and continuing satisfactorily.

For these, a certificate from the employers shall be submitted along with the

applicationincorporating clearly the name of the work, contract value, billing amount,

date of commencement of works, satisfactory performance of the contractor and any

other relevant information. (the experience certificate should be signed by the officer not

below the rank of EE)

4.5.4. Personnel Capabilities.

Availability for his work of personnel with adequate experience as required; as per

Appendix.-- Deleted

4.5.5. Equipment Capabilities

Based on the studies carried out by the Engineer, the minimum suggested major equipment to

attain the completion of works in accordance with the prescribed construction schedule are

shown in the Appendix.

The bidders should, however, undertake their own studies and furnish with their bid, a

detailed construction planning and methodology supported with layout and necessary

drawings and calculations to allow the employer to review their proposals. The numbers,

types and capacities of each plant/equipment shall be shown in the proposals along with the

cycle time for each operation for the given production capacity to match the requirements.-

4.5.6. Financial Position

The Applicant should give undertaking that he has access to, or has available, liquid assets

(aggregate of working capital, cash in hand and uncommitted bank guarantees) and / or credit

facilities up to 25 percent of the value of the contract / contracts applied.-- Deleted

4.5.7. The audited balance sheets for the last five years should be submitted, which must

demonstrate the soundness of the applicant’s financial position, showing long – term

profitability including an estimated financial projection for the next two years If necessary,

the employer will make inquiries with the applicant’s bankers.-- Deleted

4.5.8. Litigation History

The Applicant should provide accurate information on any litigation or arbitration resulting

from contracts completed or under execution by him over the last five financial years. A

consistent history of awards against the Applicant or any partner of a joint venture may result

in failure of the applicant.

4.5.9. Disqualification

Even though the applicants meet the above criteria, they are subject to be disqualified if they

Made misleading or false representation in the forms, statements submitted, and / or Record

of poor performance such as abandoning the work, rescinding of contract for which the

reasons are attributable to the non – performance of the contractor; consistent history of

litigation awarded against the applicant or financial failure due to bankruptcy. The rescinding

of contract of a joint venture on account of reasons other than non – performance, such as

Most Experienced partner of joint venture pulling out, court directions leading to breaking up

of a joint venture before the start of work, which are not attributable to the poor performance

of the contractor will, however, not affect the qualification of the individual partners.

4.5.10. The bidder who have applied for corporate Debt Restructuring (CDR) / facing recovery

proceedings from financial institutions / facing winding up processing / those under BIFR in

the last 5 financial year shall be considered for bid qualification. However if the bank /

financial institution has accepted the proposal of debt restructuring on or before the last date

of online submission, the same shall be considered for further evaluation. An affidavit by

bidder along with certificate from bank must be produced in such cases. In case of Joint

Venture agreement, this provision shall be applicable for both lead partner and JV partner.

4.6. JOINT VENTURE: (Maximum 3 Members i.e. 1 Lead & 2 Others)-- Deleted

(Applicable only for estimated project cost of 50 Crore and above)

4.6.1. Joint ventures must comply with the following requirement:

(a) Following are the minimum qualification requirements:

(i) The lead partner shall meet not less than 50 percent of all criteria given in para 4.5.3&

4.5.6 above. The joint venture must collectively satisfy the criteria of para 4.5.3 & 4.5.6

above. The experience of the other joint venture partners shall be considered if it is not

less than 30 percent of the qualifying criteria in para 4.5.3 &4.5.6 above.

(ii) Individually each member must satisfy the requirements of para 4.5.7 & 4.5.8 above.

(b)Bid shall be signed so as to legally bind all partners, jointly and severally, and shall be

submitted with a copy of the joint venture agreement providing the joint and several

liabilities with respect to the contract.

4.6.2. Qualification of a joint venture does not necessarily qualify any of its partners individually or

as a partner in any other joint venture. In case dissolution of a joint venture, each one of the

constituent firms may qualify if they meet all the qualification requirements, subject to the

written approval of the Employer.

4.7. Bid Capacity-- Deleted

Applicants who meet the minimum qualification criteria will be qualified only if their

available bid capacity at the expected time of bidding is more than the total estimated cost of

the works. The available bid capacity will be calculated as under:

Assessed Available Bid Capacity = (A*N*2-B), where

A = Maximum value of works executed in any one year during the last five years

(updated to the price level of the year indicated in appendix) taking into

account the completed as well as works in Progress.

B = Value at current price level of the existing commitments and ongoing works

to be completed during the next 06 (Six) months ( period of completion of

work for which bids are invited );

N = Number of years prescribed for completion of the works for which the bids

Note :- In Case of joint venture, the available bid capacity will be applied for

each partner to the extent of his proposed participation in the execution

4.8. Even though the bidders meet the above qualifying criteria, they are subject to be

disqualified if they have:

- Made misleading or false representation in the forms, statements and Attachments the

submitted in proof the qualification requirements; and / or

- Record of poor performance such as abandoning the works, not properly completing the

contract, inordinate delay in completion, litigation history, or financial failures etc.; and/ or

- Participated in the previous bidding for the same work and had quoted unreasonably high

bid prices and could not furnish rational justification to the employer.

5. One bid per bidder

5.1. Each bidder shall submit only one bid for one package. A bidder who submits or participates

in more than one bid (other than as a subcontractor or in cases of alternatives that have been

permitted or requested) will cause all the proposals with the bidder’s participation to be

6. Cost of Bidding

6.1. The bidder shall bear all costs associated with the preparation and submission of his Bid, and

the Employer will in no case be responsible and liable for those costs.

7.1. The Bidder, at the Bidder’s own responsibility and risk is encouraged to visit and examine

the Site of work and its surrounding and obtain 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.

B. BIDDING DOCUMENTS

8. Content of Bidding Documents

8.1. The set of bidding documents comprises the documents listed below and addenda issued in

accordance with Clause 10:

Particulars Volume

- Invitation for Bids

1) Instructions to Bidders

2) Qualification Information, and other forms I

3) Conditions of Contract

4) Contract Data

5) Technical Specifications II

7) Bill of Quantities III

8) Securities and other forms

10) Documents to be furnished by bidder V

8.2. Volumes I, II, III and IV are available online and documents to be furnished by the bidder in

compliance to Section 2 will be prepared by him and furnished as Volume- V in two parts

(refer Clause 12).

8.3. The bidder is expected to examine carefully all instructions, conditions of contract, contract

data, forms, terms, technical specifications, bill of quantities, forms, Annexes and drawings

in the Bid Document. Failure to comply with the requirements of Bid Documents shall be at

the bidder’s own risk. Pursuant to Clause 26 hereof, bids which are not substantially

responsive to the requirements of the Bid Documents shall be rejected.

9. Clarification Bidding Documents

9.1. A prospective bidder requiring any clarification of the bidding documents may notify the

Employer in writing or through E-mail at the Employer’s address indicated in the invitation

to bid. The Employer will respond to any request for clarification which he received earlier

than 15 Days prior to the deadline for submission of bids. Employer’s response will be

published on website including a description of the enquiry but without identifying its source.

9.2. Pre-bid meeting

9.2.1. The bidder or his official representative is invited to attend a pre-bid meeting which will take

place at the address, venue, time and date as indicated in the appendix.

9.2.2. The purpose of the meeting will be to clarify issues and to answer questions on any matter

that may be raised at that stage.

9.2.3. The bidder shall be required to submit any questions in writing or e-mail to reach the

Employer not later than 03 days before the meeting.

9.2.4. Minutes of the meeting, including the question raised (Without identifying the source of

enquiry) and the responses given will be published without delay on the tender website i.e.

www.nprocure.com Any modification of the bidding documents listed in sub-Clause

which may become necessary as a result of the pre-bid meeting shall be made by the

Employer exclusively through the issue of an Addendum pursuant to Clause 10 and not

through the minutes of the pre-bid meeting.

9.2.5. Non-attendance at the pre-bid meeting will not be a cause for disqualification of a Bidder

10. Amendment of Bidding Documents

10.1. Before the deadline for submission of bids, the Employer may modify the bidding documents

by issuing addenda.

10.2. Any addendum thus issued shall be part of the bidding documents. The Employer will

assume no responsibility for the same.

10.3. To give prospective bidders reasonable time in which to take an addendum into account in

preparing their bids, the Employer may, at his discretion, extend as necessary the deadline for

submission of bids, in accordance with Sub-Clause 20.2 below.

C. PREPARATION OF BIDS

11. Language of the Bid

11.1. All documents relating to the bid shall be in the English language.

12. Documents Comprising the Bid

12.1. The bid be submitted by the bidder as Volume V of the bid document (refer Clause 8.1) shall

be in two separate parts:

Part I shall be named “Technical Bid” and shall comprise

(i) Bid Security in the form specified in Section

(ii) Qualification Information and supporting documents as specified in Section

(iii) Certificates, undertakings, affidavits as specified in Section

(iv) Any other information pursuant to Clause 4.5 of these instructions

(v) Undertaking that the bid shall remain valid for the period specified in Clause

Part II shall be named “Financial Bid” and shall comprise

(i) Form of Bid as specified in Section

(ii) Priced Bill of Quantities for items specified in Section

12.2. The Bidder shall submit the details / information pertaining to each part i.e. technical as well

as financial and must be submitted online only.

12.3. Following documents will be deemed to be part of the bid.

Section Particulars Volume No.

Invitation for Bids (IFB)

1 Instruction to Bidders

3 Conditions of Contract

4 Contract Data

5 Specifications Volume II

9 Drawings Volume IV

13.1. The Contract shall be for the whole works as described in Sub-Clause 1.1, based on the

priced Bill of Quantities submitted by the Bidder.

13.2. The bidder shall fill in rates and prices and line item total (both in figures and words) for all

items of the Works described in the Bill of Quantities along with total bid price (Both in

figures and words). Items for which no rate or price is entered by the bidder will not be paid

for by the Bill of Quantities.-- Deleted

13.3. All duties, taxes, and other levies except GST payable by the contractor under the contract, or

for any other cause shall be included in the rates, prices and total Bid Price submitted by the

Bidder. (GST will be paid extra)

13.5. The rates and prices quoted by the bidder are subject to adjustment during the performance of

the Contract in accordance with the provisions of Clause 47 of the Condition of Contract

(Irrespective of the time limit and Bid Amount)

14. Currencies of Bid and Payment

14.1. The unit rates and the prices quoted by the bidder shall be entirely in Indian Rupees. All

payments shall be made in Indian Rupees.

15. Bid Validity

15.1. Bids shall remain valid for a period of not less than 120 days after the deadline date forbid

submission specified in Clause

15.2. In exceptional circumstances, prior to expiry of the original time limit, the Employer may

request that the bidders may extend the period of validity for a specified period. A bidder

may refuse the request without forfeiting his bid security. A bidder agreeing to the request

will not be required or permitted to modify his bid, but will be required to extend the validity

of his security for a period of the extension, and in compliance with Clause 16 in all respects.

16. Bid Security

16.1. The Bidder shall furnish, as part of his Bid, a Bid security in the amount as shown in Column

4 of the table of IFB for this particular work. This Bid security shall be in favor of Employer

as named in Appendix and may be in one of the following forms;

(a) Bank Guarantee from any scheduled Indian bank, in the format given in Volume III (Bank

Guarantee is applicable only for Bid Estimated Amount of 01 Crore and above) and

Bank Guarantee of Schedule and Private Banks shall be considered as per GoG Finance

Department’s Circular No. FD/MSM/e-file/4/2025/2712/DMO Date 01/04/2026 or as per

their latest amendment.

(b) Fixed Deposit Receipt issued by any Scheduled Indian Bank or a foreign Bank approved by

the Reserve Bank of India.

A Valid Bid Security / EMD Exemption Certificate issued by (1) Road & Building

Department or (2) Narmada Water Resources, Water Supply and Kalpsar Department of

Govt of Gujarat. Exemption Certificate is applicable only when Registration Certificate

of Appropriate Class and Category of Approved Contractors is required as eligible

criteria of bidder.

16.2. Bank guarantees (and other instruments having fixed validity) issued as surety for the bid

shall be valid for 45 days beyond the validity of the bid i.e. total validity of 120+45 =

16.3. Any bid not accompanied by an acceptable Bid Security and not secured as indicated in Sub-

Clauses 16.1 and 16.2 above shall be rejected by the Employer as non-responsive.

16.4. The Bid Security of unsuccessful bidders will be returned within 28 days of the end of the bid

validity period specified in Sub-Clause

16.5. The Bid Security of the successful bidder will be discharged when the bidder has signed the

Agreement and furnished the required Performance Security.

16.6. The bid Security may be forfeited

(a) If the Bidder withdraws the bid after Bid opening during the period of Bid validity.

(b)If the Bidder does not accept the correction of the Bid Price, if any or

(c) In the case of a successful Bidders, if the Bidder fails the specified time limit to

(i) Sign the Agreement; or

(ii) Furnish the requirement Performance Security.

(d)If found necessary, the bidder will be intimated for negotiation, He will be intimated

maximum three times within the validity period for negotiation, If contractor does not

respond in time, his Bid Security (EMD) will be forfeited and his tender will be rejected.

Punitive action will be taken on such contractors. (As per GoG R&B Dept’s Gr. No.

17. Alternative Proposals by Bidders.

17.1. Bidders shall submit offers that fully comply with the requirements of the bidding

documents, including the conditions of contract (including mobilization advance or time for

completion), basic technical design as indicated in the drawing and specifications.

Conditional offers or alternative offers will not be considered further in the process of tender

18. Format and Signing of Bid

18.1. The Bidder shall prepare documents comprising the bid as described in Clause 12 of these

Instructions to bidder as the “Technical Bid” and “Financial Bid” in separate parts to be

D. SUBMISSION OF BIDS

20. Deadline for Submission of the Bids

20.1. Complete Bids must be received online by the Employer at the tender website specified

above not later than the date indicated in appendix.

20.2. The Employer may extend the deadline for submission of bids by issuing an amendment in

accordance with Clause 10, in which case all right and obligation of the Employer and the

bidders previously subject to the original deadline will then be subject to the new deadline.

22. Modification and Withdrawal of Bids

22.1. Bidders may modify or withdraw their bids online before the deadline prescribed in Clause

20 or pursuant to Clause

22.3. No bid shall be modified or withdrawn after the deadline for submission of Bid.

22.4. Withdrawal or modification of a bid between the deadline for submission of ids and the

expiration of the original period of bid validity specified in Clause 15.1 above or as extended

pursuant to Clause 15.2 may result in the forfeiture of the Bid security pursuant to Clause

E. BID OPENING AND EVALUATION

23. Bid Opening

23.1. The Employer will open all the Bids received including modifications made pursuant to

Clause 22, in the presence of the Bidders or their representatives who choose to attend at

time, date and the place specified in Appendix in the manner specified in Clauses 20 and

23.3, In the event of the specified date of Bid opening being declared a holiday for the

Employer, the Bids will be opened at the appointed time and location on the next working

23.3. The “Technical Bid” shall be opened. The amount, form and validity of the bid security

furnished with each bid will be announced. If the bid security furnished does not conform to

the amount and validity period as specified in the invitation for bid (ref. Column 4 and

Paragraph 3), and has not been furnished in the form specified in Clause 16, the technical bid

will not be opened.

(i) Subject to confirmation of the bid security by the issuing Bank, the bids accompanied with

valid bid security will be taken up for evaluation with respect to the Qualification

information and other information furnished in Part-I of the bid pursuant to Clause 12.1.

(ii) If required, the bidder will be asked in writing to clarify his Qualification Documents with

respect to any required clarification.

(iii)The bidders will respond in not more than 7 days of issue of the clarification letter.

(iv) Immediately (usually within 3 or 4 days), on receipt of these clarification the Evaluation

Committee will finalize the list of responsive bidders whose financial bids are eligible for

23.6. At the time of opening of “Financial Bid”, the names of the bidders were found responsive in

accordance with Clause 23.4(iv) will be announced. The bids of only these bidders will be

opened. The responsive Bidders’ names, the Bid prices, the total amount of each bid, any

opened. The responsive Bidders’ names, the Bid prices, the total amount of each bid, any

discount and such other details as the Employer may consider appropriate, will be announced

by the Employer at the opening.

23.7. The time of opening of “Financial Bid”, the names of the bidders were found responsive in

accordance with Clause 23.4(iv) will be announced. The bids of only these bidders will be

opened. The responsive Bidders’ names, the Bid prices, the total amount of each bid, any

opened. The responsive Bidders’ names, the Bid prices, the total amount of each bid, any

discount, and such other details as the Employer may consider appropriate, will be

announced by the Employer at the opening.

23.8. In case bids are invited for more than one package, the order for opening of the “Financial

Bid” shall be in order of estimated amount of Bids from highest to lowest.

23.9. The Employer shall prepare minutes of the Bid opening, including the information disclosed

to those present in accordance with Sub-Clause 23.6.

24.1. Information relating to the examination, clarification, evaluation, and comparison of Bids and

recommendations for the award of a contract shall not be disclosed to Bidders or any other

persons not officially concerned with such process until the award to the successful Bidder

has been announced. Any effort by Bidder to influence the Employer’s processing of Bids or

award decisions may result in the rejection of his Bid.

25. Clarification of Financial Bids

25.1. To assist in the examination, evaluation, and comparison of Bids, the Employer may, at his

discretion, ask any Bidder for clarification of his Bid, including breakdowns of unit rates.

The request for clarification and the response shall be in writing or by e- mail, but no change

in the price or substances of the Bid shall be sought, offered, or permitted except as required

to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of

25.2. Subject to Sub-clause 25.1, no Bidder shall contact the Employer on any matter relating to

his Bid opening to the contract is awarded. If the Bidder wishes to bring additional

information to the notice of the Employer, it should do so in writing.

25.3. Any effort by the Bidder to influence the Employer in the Employer's bid evaluation, bid

comparison or contract award decision may result in the rejection of the Bidders’ bid.

26. Examinations of Bids and Determination of Responsiveness

26.1. During the detail evaluation of "Technical Bid", the Employer will determine whether each

Bid (a) meets the eligibility criteria defined in Clause 3 and 4; (b) has been properly signed;

(c) is accompanied by the required securities and; (d) is substantially responsive to the

requirements of the Bidding document. During the detailed evaluation of the “Financial Bid”,

the responsiveness of the bids will be further determined with respect to the remaining bid

conditions, i.e., priced bill of quantities, technical specifications, and drawings.

26.2. A substantially responsive “Financial Bid” is one which confirms all the terms, conditions

and specifications of bidding documents, without material deviation or reservation. A

material deviation or reservation is one (a) which affects in any substantial way the scope,

quality, or performance of the Works; (b) which limits in any substantial way, inconsistent

with the Bidding documents, the Employer’s rights or the Bidder’s obligations under the

Contract; or (c) whose rectification would affect unfairly the competitive position of other

Bidders presenting substantially responsive Bids.

26.3. If a “Financial Bid” is not substantially responsive, it will be rejected by the Employer, and

may not subsequently be made responsive by correction or withdrawal of the non-

conforming deviation or reservation.

29. Evaluation and Comparison of Financial Bids

29.1. The Employer will evaluate and compare only the Bids determined to be substantially

responsive in accordance with Sub-Clause 26.2.

29.3. The Employer reserves the right to accept or reject any variation or deviation. Variation and

deviations and other factors, which are in excess of the requirements of the Bidding

documents or otherwise result in unsolicited benefits for the Employer, shall not be taken in

to account in Bid evaluation.

29.4. The estimated effect of the price adjustment conditions under Clause 47 of the Conditions of

Contact, during the period of implementation of the Contract, will not be taken in to account

in Bid evaluation.

29.5. If the Bid of the successful Bidder is seriously unbalanced in relation to the Engineer’s

estimate of the cost of work to be performed under the contract the Employer may require the

Bidder to produce detailed consistency of those prices with the construction methods and

schedule proposed. After evaluation of the price analyses, the Employer may require that the

amount of the performance security set forth in Clause 34 be increased at the expense of the

successful /bidder to a level sufficient to protect the Employer against financial loss in the

event of default of the successful Bidder under the Contract.

29.6. A bid which contains several items in the bill of Quantities which are unrealistically priced

low and which cannot be substantiated satisfactorily by the bidder may be rejected as non-

F. AWARD OF CONTRACT

31. Award Criteria

31.1. Subject to Clause 32, the Employer will award the contract to the Bidder whose Bid has been

(i) to be substantially responsive to the Bidding documents and who has offered the lowest

evaluated Bid Price; and

(ii) to be within the available bid capacity adjusted to account for his bid price which is the

lowest evaluation in any of the packages opened earlier than the one consideration.

In no case, the contract shall be awarded to any bidder whose available bid capacity is less

than the evaluated bid price, even if the said bid is the lowest evaluated bid. The contract

will in such cases be awarded to the next lowest bidder at his evaluation bid price.

32. Employer’s Right to Accept any Bid and to Reject any or all Bids

32.1. Notwithstanding Clause 31, the Employer reserves the right to accept or reject any Bid, and

to cancel the Bidding process and reject all Bids, at any time prior to the award of contract,

without thereby incurring any liability to the affected bidder or Bidder or any obligation to

inform the affected Bidder or Bidders of the grounds for the Employer’s action.

33. Notification of Award and Signing of Agreement

33.1. The Bidder whose Bid has been accepted will be notified of the award by the Employer prior

to expiration of the Bid validity period by cable, telex or facsimile confirmed by registered

letter. This letter (hereinafter and in the condition of contract called the “Letter of

Acceptance”) will state the sum that the Employer will pay the Contractor in consideration of

the execution, completion, and maintenance of the Works by the Contractor as prescribed by

the Contract (hereinafter and in the Contract called the “Contract Price”).

33.2. The notification of award will constitute the formation of the contract, subject only to the

furnishing of a performance security in accordance with the provisions of Clause.

33.3. The Agreement will incorporate all agreements between the Employer and the successful

Bidder. It will be signed by the Employer and to the successful Bidder, within 28 days

following the notification of award along with the Letter of Acceptance. Within 21 days of

receipt, the successful Bidder will sign the Agreement and deliver it to the Employer.

33.4. Upon the furnishing by the successful Bidder of the Performance Security, the Employer will

promptly notify the other Bidders that their Bids have been unsuccessful.

34. Performance Security

(A) Within 10 (Ten) days of receipt of Letter of Acceptance, the successful Bidder shall furnish

to the Employer an irrevocable and unconditional guarantee from a Bank in the form set forth

in Section-8 (the “Performance Security”) for an amount equal to 5% (five percent) of its

Contract Price. In case of bids mentioned below, the successful Bidder, along with the

Performance Security, shall also furnish to the Authority an irrevocable and unconditional

guarantee from a Bank in the same form given at Section 8 towards an Additional

Performance Security (The “Additional Performance Security”) for an amount calculated as

(a) If the Contract Price offered by the Selected Bidder is lower than 10% but up to 20% of

the Estimated Project Cost, then the Additional Performance Security shall be calculated

@ 20% of the difference in the (i) Estimated Project Cost (as mentioned in Bid

Document) - Minus 10% of the Estimated Project Cost and (ii) Contract Price offered by

the selected Bidder.

(b) If the Contract Price offered by the Selected Bidder is lower than 20% of the Estimated

Project Cost, then the Additional Performance Security shall be calculated @ 30% of the

difference in the (i) Estimated Project Cost (as mentioned in Bid Document) - Minus

10% of the Estimated Project Cost and (ii) Contract Price offered by the selected Bidder.

(c) This Additional Performance Security shall be treated as part of the Performance

(B) The Performance Security shall be valid beyond 60(sixty) days from the stipulated date of

completion of the Project and Additional Performance Security shall be valid beyond

(twenty-eight)days of Project Completion Date.

Performance Security shall becomerefundable/releasable within 15 days after certified project

completion date subject to Fulfillment of contractual obligation and settlement of all dues and

(C) Defects Liability Period and the Additional Performance Security shall be valid beyond

(twenty-eight) days of Project Completion Date.

34.2. If the performance security is provided by the successful Bidder in the form of a Bank

Guarantee, it shall be issued either (a) at the Bidder’s option, by a Nationalized/Scheduled

Indian bank or (b) by a foreign bank located in India and acceptable to the Employer. As per

GoG Finance Department’s Circular No. FD/MSM/e-file/4/2025/2712/DMO Date

01/04/2026 or as per their latest amendment.

34.3. Failure of the successful Bidder to comply with the requirement of Sub-Clause 34.1 shall

constitute sufficient grounds for cancellation of the award and forfeiture of the Bid Security.

35. Advance Payment and Security-- Deleted

35.1. The Employer will provide an Advance payment on the Contract Price as stipulated in the

Conditions of Contract, subject to maximum amount, as stated in the Contract Data.

37. Corrupt of Fraudulent Practices

37.1. The Employer will reject a proposal if it determines that the Bidder recommended for award

has engaged in corrupt or fraudulent practices in completing for the contract in question and

will declare the firm ineligible, either indefinitely or for a stated period of time, to be

awarded a contract with National Highways Authority of India/ State PWD and any other

agencies, if it at any time determines that the firm has engaged in corrupt or fraudulent

practices in completing for the contractor, or in execution.

37.2. Furthermore, Bidders shall be aware of the provision stated in Sub-Clause-59.2 of the

Conditions of Contract.

APPENDIX TO ITB

Clause Reference With respect to Section –I

1. The Name of the Employer is “Executive Engineer (E&M), [ Cl.1.1]

Electrical & Mechanical Division, Vadodara”.

2. The last five financial years.

3. Deleted [Cl.4.5.3(a)]

4. Value of work is Rs. 3,25,920.00 (Excluding GST)

6. The cost of electric work is Rs.

7. The cost of water supply / sanitary works is Rs.

8. Deleted [Cl.4.5.6 ]

9. Price level of the financial year: 2026-27 [Cl. 4.5.2]

10. The pre-bid meeting will take place at …………. Not Applicable [Cl. 9.2.1]

11. The technical Bid will be opened on date and time as stated on online

NIT at the office of Executive Engineer (E&M), Electrical &

Mechanical Division, Vadodara.

12. Address of the Employer: Executive Engineer (E&M), 2nd Floor,

Block-A, Narmada Bhavan, Indira Avenue, Vadodara – 390 001 (Ph.

Email ID: [email protected]

14. The bid should be submitted latest by As stated on online NIT. [Cl. 20.1 &

15. The bid will be opened in the office of Executive Engineer, Electrical [Cl. 23.1 ]

& Mechanical Division, Vadodara As stated on online NIT..

16. The Bank Draft in favor of Executive Engineer (E&M), Electrical &

Mechanical Division, Vadodara

18. Escalation factors (for the cost of works executed and financial figure [Cl.4.5.2]

to a common base value) for works completed

Year Financial Year Multiplying factor

Base year of inviting tender 2026-2027

LIST OF KEY PLANT & EQUIPMENT TO BE DEPLOYED ON CONTRACT WORK

[Reference CL. 4.5.5]

The contractors shall also give a list of machineries in his possession and which they

propose to use on the work.

Sr. Plant or Machinery Approximate Remark

Location Make Capacity

No. machinery (maximum Value s

List of Key Personnel to be deployed on Contract Work

(Reference Cl. 4.5.4)

Employment of a qualified site Engineer by the Contractor.

The Contractor shall employ full-time technically qualified staff during the execution of this work

1. Two graduate Civil Engineers and three diploma Civil Engineers when cost of the work to be

executed is more than Rs.50 lakhs.

2. One graduate & two Diploma, Civil Engineers when the cost of the work to be executed is

more than Rs.15 lakhs but less than Rs.50 lakhs.

3. Minimum two Diploma Civil Engineer when the cost of work is less than Rs.15 lakhs but more

than Rs.5 lakhs.

4. Minimum One Diploma Civil Engineers for the work when the cost of work to be executed is

less than Rs. 5 lakhs. The Engineer so employed for the Government work must have sufficient

experience to handle the work independently. Such an Engineer shall have to stay at the site of

work and he shall not be entrusted with other duty except this work.

In case the contractor or partner of the contractor firm is a Civil Graduate Engineer, Employment

of a separate Engineer will not be necessary provided that the Engineer partner himself attends the

execution of the work on the site.

Within 15 days of issue of work-order the Contractor will have to furnish to the Deputy Executive

Engineer-in-charge of the work the Name, Qualifications, copy of mark sheet, Colour Photograph

and the appointment order issued such engineers engaged for this contract work. If 15 days after

issue of work order such designated Site Engineers do not resume or do not remain present on site

of work, the recovery at the rate of Rs.15, 000-00 per month per Engineer will be made from the

bills/deposit/dues of the contractor. Such recovery shall be non-refundable.

THIS PAGE HAS BEEN KEPT BLANK

QUALIFICATION INFORMATION

THIS PAGE HAS BEEN KEPT BLANK

QUALIFICATION INFORMATION

The information to be filled in by the Bidder in the following pages will be used for the

purpose of post qualification as provided for in Clause-4 of the Instruction to Bidders. This

information will not be incorporated in the Contract.

1. For Individual Bidders

1.1. Constitution or legal status of Bidder (Attach Copy)

Place of registration

Principal place of business

Power of attorney of signatory of Bid

1.2. Total value of working as QCA agency for Solar Power 2025-2026

Plant performed in the last five years

(in Rs. Lakhs) 2022-2023

1.3.1. Work performed as prime contractor, work performed in the past as a nominated sub-

contractor will also be considered the sub-contract involved execution of all main items of

work described in the bid documents, provided further that all other qualification criteria are

satisfied (in the same name) on works of a similar nature over the last five years** and in

current year before the submission of the bid.

Value of of Actual date

Name of Stipulated reasons

Project Description Contract contract issue of

the period of for delay&

Name of work No. (Rs. of completion

Employer completion work

*Attach certificate(s) from the Engineer(s)-in-charge

** Immediately preceding the financial year in which bids are received.

1.3.2. Quantities of work executed as prime contractor, work performed, in the past as a nominated

sub-contractor, will also be considered provided the sub-contract involved execution of all

main items of work described in the bid document, provided, further that all other

qualification criteria are called (in the same name and style) in the last five years** and in

current year before the submission of the bid.

Year Name of Name of Quantity of Work Performed Remarks

Project/work the Cement Masonary Earth Bituminous (Indicate

Employer Concrete Works Work Contract

(iuncluidng Ref)

1.4. Information on Bid Capacity (works for which bids have been submitted and works which are

yet to be completed) as on the date of this bid.

(A) Existing commitments and on-going works:

Place Name & Value Stipulated Anticipated

Description Contract remaining

& Address of Contract Period of of

of works No. to be

State Employer (Rs. Cr) Completion completion

*Attach certificate (s) from the Engineer(s) in-charge

** Immediately preceding the financial year in which bids are received.

1.5. Availability of key items of Contractors Equipment for carrying out the works (Ref. Clause

4.5.5). The Bidder should list all the information requested below.

Requirement Remarks

Availability Proposal

Item of (from whom

Equipment Owned/Leased Nos./ Age/ to be

to be procured Capacity Conditions purchased)

1.6. Qualifications and experience of key personnel required for administration and execution of

the contract. Attach biographical data. Refer also to Sub Clause 9.1 of the Conditions of

Year of Year of experience

Position Name Qualification Experience in the proposed

(General) position

Project Manager

Diploma Civil Engineer

1.7. Proposed sub-contract and firms involved.

Sections of Value of Sub- Experience in

the works Contractor similar work

Attach copies of certificates on possession of valid license for executing water supply/

sanitary work/ building electrification works.

1.8. Financial reports for the last five years: balance sheets, profit and loss statements, auditors’

reports (in case of companies/corporations), etc. List them below and attach copies.

1.9. Evidence of access to financial resources to meet the qualification requirements: cash in

hand, lines of credit, etc. List them below and attach copied documents.

1.10. Name, address, and telephone,telex, Email address and fax numbers of the Bidders bankers

who may provide references if contacted by the Employer.

1.11. Information on Litigation history in which the Bidder is involved.

Other Party/ Cause of Amount

Employer showing Present

(ies) Dispute Involved

1.12. Statement of compliance under the requirements of Sub-Clause 3.2 of the instruction to

Bidders. (Name of Consultant engaged for project preparations is *…………………..)

* Fill the name of Consultant

1.13. Proposed work method and schedule. The Bidder should attach descriptions, drawings and

charts as necessary to comply with the requirements of the Bidding documents. (Refer ITB

1.14. Programme

3. Additional Requirements

3.1. Bidders should provide any additional information required to fulfill the requirements of

Clause 4 of the Instructions to the Bidders, if applicable.

(ii) Undertaking

3.2. The Tenderer/ Bidder must have following facilities and supporting documents to be attached

a) An Internet connection with minimum 1 Mbps speed.

b) Operating System should be Windows XP Service Pack -3 / Vista / Windows 7 /

c) Supported Browsers: Internet explorer – 6.0 or Higher/ Mozilla Firefox 13.0 or Higher /

d) System Access with Administrator Rights

e) Suitable Weather Forecasting Software as per Norms

SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY

OF CREDIT FACILITIES

(CLAUSE 4.5.6 OF ITB)

BANK CERTIFICATE

This is to certify that M/s._________________is a reputed company with a good financial

If the contract for the work, _____________________________________namely is awarded to the

above firm, we shall be able to provide overdraft/credit facilities to the extent of

Rs.______________to meet their working capital requirements for executing the above during the

contract period.

Senior Bank Manager

Address of the Bank

1. I, the undersigned, do hereby certify that all the statements made in the required attachments

are true and correct.

2. The undersigned also hereby certifies that neither our firm M/s.

abandoned any work of Government of Gujarat/Government of India/any Board or

Corporation under Government of Gujarat/Government of India nor any contract awarded to

us for such works have been rescinded, during last five years prior to the date of this bid.

3. The undersigned hereby authorize(s) and request (s) any bank, person, firm or corporation to

furnish pertinent information deemed necessary and requested by the Department to verify

this statement or regarding any (our) competence and general reputation.

4. The Undersigned understands and agrees that further qualifying information may be

requested, and agrees to furnish any such information at the request of the Department/

Project implementing agency.

(Signed by an Authorized Officer of the Firm)

Title of Officer

I, the undersigned do hereby undertake that our firm

minimum cash up to 25% of the value of the work during implementation of the contract.

(Signed by an Authorized Officer of the Firm)

Title of Officer

THIS PAGE HAS BEEN KEPT BLANK

CONDITIONS OF CONTRACT

Conditions of Contract

Table of Contents

A. General Page D. Cost Control Page

1. Definitions 48 37. Bill of Quantities

2. Interpretation 49 38. Changes in the Quantities

3. Language and Law 50 39. Variations

4. Engineer’s Decisions 50 40. Payments for Variations

5. Delegations 50 41. Cash Flow Forecasts

6. Communications 50 42. Payment Certificates

7. Sub-Contractors 50 43. Payments

8. Other Contractors 50 44. Compensations Events

9. Personnel 50 45. Tax

10. Employer’s & Contractor Risk 51 46. Currencies

11. Employers Risks 51 47. Price Adjustment

12. Contractor’s Risk 51 48. Retention

13. Insurance 51 49. Liquidated damages

14. Site Investigations Reports 52 50. Bonus

15. Queries about the Contract 52 51. Advance Payment

16. Contractors to Construct the works 52 52. Securities

17. The Works to be Completed By the 53. Deleted

Intended Completion Date

18. Approval by the Engineer 52 54. Cost of Repair

19. Safety 52 E. Finishing the Contract

20. Discoveries 53 55. Completion

21. Possession of the Site 53 56. Taking Over

22. Access to the Site 53 57. Final Account

23. Instructions 58. Operating and Maintenance

24. Disputes 53 59. Terminations

25. Procedure for Disputes 54 60. Payment upon Terminations

26. Deleted 54 61. Property

B. Time Control 62. Release from Performance

27. Programme 55 F. Special Conditions of Contract

28. Extensions of the Intended completion 63. Labour

29. Deleted 64. Compliance with labour

30. Delays Ordered by The 65. Arbitration

31. Management Meetings

32. Early Warning

C. Quality Control

33. Identifying Defects

35. Correction of Defects

36. Uncorrected Defects

CONDITIONS OF CONTRACT

1.1. Terms which are defined in the Contract Data are not also defined in the Conditions of

Contract but keep their defined meaning.

Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid

Compensation Events are those defined in Clause 44 hereunder

The Completion Date is the date of completion of the Works as certified by the Engineer in

accordance with Sub Clause

The Contract is the contract between the Employer and Contractor to execute, complete and

maintain the Works till the completion of Defects Liability Period. It consists of the

documents listed in Clause 2.3 below.

The Contract data defines the documents and other information which comprise the

Contract. The Contractor is a person or corporate body whose Bid to carry out the Work has

been accepted by the Employer.

The Contractor’s Bid is the completed Bidding document submitted by the Contractor to the

Employer and includes Technical and Financial Bids.

The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted

in accordance with the provisions of the Contract.

Days are calendar days: months are calendar months.

The Defects Liability Period is the period named in the Contract Data and calculated from

the Completion Date.

The Employer is the party who will employ the Contractor to carry out the Works.

The Engineer is the person named in the Contract Data (or any other competent person

appointed and notified to the contractor to act in replacement of the Engineer) who is

responsible for supervising the Contractor, administering the Contract, certifying payments

due to the Contractor, issuing and valuing Variations to the Contract, awarding extensions of

time, and valuing the Compensations Events.

Equipment is Contractor’s machinery and vehicles brought temporarily to the site to

construct the Works.

The Initial Contract Price is the Contract Price listed in the Employer’s Letter of

Acceptance.TheIntended Completion Date is the date on which it is intended that the

Contractor shall complete the Works. The Intended Completion Date is specified in the

Contract Data. The Intended Completion Date may be revised only by the Engineer by

issuing an extension of time.

Materials are all supplies, including consumables, used by the contractor for incorporation in

Plant is any integral part of the work which is to have mechanical, electrical, electronic or

chemical or biological functions.

The Site is the area defined as such in the Contract Data.

Site Investigation Reports are those which were included in the Bidding documents and are

factual interpretive reports about the surface and subsurface conditions at the site.

Specifications means the Specifications of the works included in the Contract and any

modification or addition made or approved by the Engineer.

The Start Date is given in the Contract Data. It is the date when the Contractor shall

commence execution of the works. It does not necessarily coincide with any of the Site

Possession Dates.

A Subcontractor is a person or corporate body who has a Contract with the Contractor to

carry out a part of the work in the Contract which includes work on the Site.

Temporary Works are works designed, constructed, installed, and removed by the

Contractor which are needed for construction or installation of the Works.

A Variation is an instruction given by the Engineer, which varies the Works.

The Works are what the Contract requires the Contractor to construct, install, and turn over

to the Employer, as defined in the Contract Data.

2. Interpretation

2.1. In interpreting these Conditions of Contract, singular also means plural, male also means

female or neuter and the other way around. Heading have no significance. Words have their

normal meaning under the language of the Contract unless specifically defined. The Engineer

will provide instructions clarifying queries about Conditions of Contract.

2.2. If sectional completion is specified in the Contract Data, references in the Conditions of

Contract to the Works, the Completion date, and Intended Completion Date apply to any

Section of the Works (other than references to the Completion Date and Intended Completion

date for the whole works)

2.3. The documents forming the Contract shall be interpreted in the following order of priority

(2) Letter of Acceptance, notice to proceed with works

(3) Contractor’s Bid

(4) Contract Data

(5) Conditions of Contract including Conditions of Contract

(6) Specifications

(8) Bills of quantities and

(9) Any other document listed in the Contract Data as forming part of the Contract.

3. Language and Law

3.1. The language of the Contract and the law governing the Contract are stated in the Contract

4. Engineers Decisions

4.1. Except where otherwise specifically stated, the Engineer will decide contractual matters

between the Employer and the Contractor in the role representing the Employer.

5.1. The Engineer may delegate any of his duties and responsibilities to other people after

notifying the Contractor and may cancel any delegation after notifying the Contractor.

6. Communications

6.1. Communications between parties which are referred to in the conditions are effective only

when in writing. A notice shall be effective only when it is delivered (in terms of Indian

7. Sub-Contracting

7.1. The Contractor may subcontract any portion of work, up to a limit specified in Contract Data,

with the approval of the engineer but may not assign the Contract without the approval of the

Employer in writing. Subcontracting shall not alter the Contractor’s obligations. Sub-

contracting of supply or specific items of work is not allowed.

7.2. The sub-contractor must be registered in appropriate class and category for the part of work

to be subcontracted.

8. Other Contractors

8.1. The Contractor shall cooperate and share the Site with other contractors, public authorities,

utilities and the Employer between the dates given in the Schedule of other Contractor. The

Contractors shall as refer to in the Contract Data, also provide facilities and services for them

as described in the Schedule. The employer may modify the schedule of other contractors and

shall notify the contractor of any such modifications.

9.1. The Contractor shall employ the key personnel named in the Schedule of Key Personnel as

referred to in the Contract Data to carry out the functions stated in the Schedule or other

personnel approved by the Engineer. The Engineer will approve any proposed replacement of

key personnel only if their qualifications, abilities, and relevant experience are substantially

equal to or better than those of the personnel listed in the Schedule.

9.2. If the engineer asks the Contractor to remove a person who is a member of the Contractor

Staff or his work force stating the reasons the Contractor shall ensure that the person leaves

the Site within seven days and has no further connection with the work in the Contract.

10. Employer’s and Contractors Risks

10.1. The Employer carries the risk which these Contract states are Employer’s risks, and the

Contractor carries the risks which these Contracts states are Contractors risk.

11. Employer’s Risks

11.1. The employer is responsible for the excepted risks which are (a) in so far as they directly

affect the execution of the Works, the risks of war, hostilities, invasion, act of foreign

enemies, rebellion, revolution, insurrection or military or usurped power, civil war, riot

commotion or disorder (unless restricted to the Contractor’s employees), and contamination

from any nuclear fuel or nuclear waste or radioactive toxic explosive.

12. Contractor’s Risks

12.1. All risks of loss of or damages to physical property and of personal injury and death which

arise during and in consequence of the performance of the Contract other than the excepted

risks are the responsibility of the Contractor.

13.1. The Contractor shall provide, in the joint names of the Employer and the Contractor,

insurance cover from the Start date to the end of the Defects Liability Period, in the amounts

and deductibles stated in the Contract Data for the following events which are due to the

Contractor’s risks:

(a) Loss of or damage to the works, Plant and materials,

(b) Loss of or damage to Equipment

(c) Loss of or damages of property (expect the Works, Plant, Materials and

Equipment) in connection with the Contract; and

(d) Personal injury or death.

13.2. Policies and certificates for insurance shall be delivered by the Contractor to the Engineer for

the Engineer’s approval before the Start Date. All such insurance shall provide for

compensation to be payable in the types and proportions of currencies required to rectify the

loss or damage incurred.

13.3. If the Contractor does not provide any of the policies and certificates required, the Employer

may affect the insurance which the Contractor should have provided and recover the

premiums the Employer has paid from payments otherwise due to the Contractor or, if no

payment is due, the payment of the premiums shall be a debt due.

13.4. Alterations to the terms of an insurance shall not be made without the approval of the

13.5. Both parties shall comply with any conditions of the insurance policies.

14. Site Investigation Report

14.1. The Contractor in preparing the Bid shall rely on any site Investigation reports referred to in

the Contract Data, supplemented by any information available to the Bidder.

15. Queries about the Contract Data

15.1. The engineer will clarify queries on the Contract Data

16. Contractor to Construct the Works

16.1. The Contractor shall construct and install the works in accordance with the specification and

17. The Works to be completed by the Intended Completion Date

17.1. The Contractor may commence execution of the Works on the Start Date and shall carry out

the Works in accordance with the programme submitted by the Contractor, as updated with

the approval of the Engineer, and complete them by the Intended Completion date

18. Approval by the Engineer

18.1. The Contractor shall submit Specifications and Drawings showing the proposed Temporary

works to the Engineer, who is to approve them if they comply with the Specifications and

18.2. The Contractor shall be responsible for design of temporary works.

18.3. The Engineer’s approval shall not alter the contractor responsibility for design of the

Temporary works.

18.4. The Contractor shall obtain approval of third parties to the design of the

18.5. Temporary works where required.

18.6. All Drawings prepared by the Contractors for the execution of the temporary or permanent

work are subject to prior approval by the Engineer before their use.

19.1. The Contractor shall be responsible for the safety of all activities on the Site.

20. Discoveries

20.1. Anything of historical or other interest or of significant value unexpectedly discovered on the

site is the property of the Employer. The contractor is to notify the engineer of such

discoveries and carry out the Engineer’s instructions for dealing with them.

21. Possession of the Site

21.1. The Employer shall give possession of all parts of the site to the Contractor. If possession of

a part is not given by the date stated in the Contract Data the Employer is deemed to have

delayed the start of the relevant activities and this will be a Compensation Event.

21.2. If within 25% of the time limit of the project, 80% of possession of the site is not handed

over to the Contractor, then contractor/ Employer may fore-close the contract.

Contractor/Employer has to foreclose the work within 30 days after lapse of 25%-time limit

and after 30 days foreclosure option will be closed.

22. Access to the Site

22.1. The Contractor shall allow the Engineer and any person authorized by the Engineer access to

the Site, to any place where work in connection with the Contract is being carried out or is

intended to be carried out and to any place where materials or plants are being manufactured/

fabricated/ assembled for the works.

23. Instructions

23.1. The Contractor shall carry out all instructions of the Engineer pertaining to works which

comply with the applicable laws where the site is located.

23.2. The Contractor shall permit the Employer to inspect the Contractor’s accounts and records

relating to the performance of the Contractor and to have them audited by auditors appointed

by the Employer, if so required by the Employer.

24.1. If the Contractor is of the view that a decision taken by the Engineer was either outside the

authority given to the Engineer by the Contract or that the decision was wrongly taken, the

decision shall be referred to Superintending Engineer, E&M circle, Vadodara within

days of the notification of the Engineer's decision. If the issue is not resolved, any party can

refer the matter for conciliation within 15 days from the decision given by the

Superintending Engineer, E&M circle, Vadodara.

(a) For the work up to Rs.100 Cr., if any of the parties is not satisfied with the decision of

the Superintending Engineer, E&M circle, Vadodara, both the parties have to refer to

the Chief Engineer, E&M Office, Vadodara concern for the conciliation process.

(b) For the work more than Rs.100 Cr., if any of the parties is not satisfied with the decision

of the Superintending Engineer, E&M circle, Vadodara, both the parties have to refer

to the Sardar Sarovar Narmada Nigam H.O., Block No. 12, Gandhinagar,

Government of Gujarat for the conciliation process.

If the dispute is not resolved through the conciliation process, he may refer the dispute to

Gujarat Public Works Contract Dispute Arbitration Tribunal. If the Contractor fails to

refer a claim / dispute to the Higher Authority within 14 days of the notification of the

Engineer's decision, the Contractor shall not be entitled to any additional payment/claim

if he doesn’t follow the above sequence in stipulated time and he should not stop the

25. Procedure for Disputers

25.1. The arbitration shall be conducted in accordance with the arbitration procedure stated in the

Special Conditions of Contract.

B. TIME CONTROL

27.1. Within the time stated in the Contract Data the Contractor shall submit to the Engineer for

approval a Programme showing the general methods, arrangements orders, and timing for all

the activities in the works along with monthly cash flow forecast.

27.2. An update of the Programme shall be a programme showing the actual progress achieved on

each activity and the effect of the progress achieved on the timing of the remaining work

including any changes to the sequence of the activities.

27.3. The Contractor shall submit to the Engineer, for approval an updated programme at intervals

no longer than the period stated in the Contract Data. If the Contractor does not submit an

updated programme within this period, the Engineer may withhold the amount stated in the

Contract Data from the next payment after the date on which the overdue programme has

been submitted.

27.4. The Engineer’s approval of the programme shall not alter the Contractor’s obligations. The

Contractor may revise the programme and submit it to the Engineer again at any time. A

revised programme is to show the effect of Variations and Compensations events.

28. Extension of the Intended Completion Date

28.1. The Engineer shall extend the Intended Completion Date if a compensation Event occurs or a

Variation is issued which makes it impossible for completion to be achieved by the Intended

Completion Date without the Contractor taking steps to accelerate the remaining work and

which would cause the Contractor to incur additional cost.

28.2. The Engineer shall decide whether and by how much to extend the Intended Completion

Date within 35 days of the Contractor asking the Engineer for a decision upon the effect of a

compensation event or Variation and submitting full supporting information. If the

Contractor has failed to give early warning of a delay or has failed to cooperate in dealing

with a delay, the delay by this failure shall not be considered in assessing the new Intended

Completion Date.

28.3. The Engineer shall within 14 days of receiving full justification from the contractor for

extension of Intended Completion Date refer to the Employer his decision. The employer

shall in not more than 21 days communicate to the engineer the acceptance or otherwise of

the Engineer’s decision. If the employer fails to give his acceptance, the Engineer shall not

grant the extension and the contractor may refer the matter under Clause

30. Delays Ordered by the Engineer

30.1. The Engineer may instruct the Contractor to delay the start or progress of any activity within

31. Management Meetings

31.1. Either the Engineer or the Contractor may require the other to attend a management meeting.

The business of a management meeting shall be to review the plans for remaining work and

to deal with matters raised in accordance with the early warning procedure.

31.2. The Engineer shall record the business of management meetings and is to provide copies of

his record to those attending the meeting and to the Employer. The responsibility of the

parties for actions to be taken is to be decided by the Engineer either at the management

meeting or after the management meeting and stated in writing to all who attended the

32. Early Warning

32.1. The Contractor is to warn the Engineer at the earliest opportunity of specific likely future

events or circumstances that may adversely affect the quality of the work, increase the

Contract price or delay the execution of works. The Engineer may require the contractor to

provide an estimate of the expected effect of the future event or circumstance on the contract

price and completion date. The estimate is to be provided by the Contractor as soon as

reasonably possible.

32.2. The Contractor shall cooperate with the Engineer in making and considering proposals for

how the effect of such an event or circumstance can be avoided or reduced by anyone

involved in the work and in carrying out any resulting instruction of the Engineer.

C. QUALITY CONTROL

33. Identifying Defects/ Defect liability period

33.1. Defect liability period: The contractor shall be responsible to make good and remedy at his

own expense any defect which may develop or may be noticed before the period mentioned

hereunder from the certified date of completion. The Engineer in charge shall give the

contractor a notice in writing about the defects and the contractor shall make good the same

within 15 days of receipt of the notice. In the case of failure on the part of the contractor, the

Engineer- in-charge may rectify or remove or re-execute the work at the risk & cost of the

contractor. The Engineer-in-charge shall be entitled to appropriate the whole or any part of

the amount of security deposit towards the expenses, if any, Incurred by him in rectification,

removal or re-execution. The Defects Liability period shall be as under:

(A) For works Except Building

(a) For all works costing up to Rs. 50,000 (amount put to tender), the period shall be

Months from the certified date of completion.

(1) For works likes Check Dam/ Canal / Drainage / Road Structure tender amount from RS.

50,000 to 10,00,000, the defect liability period shall be 12 months from the certified date

(2) For work except likes Check Dam/ Canal / Drainage / Road Structure tender amount

from RS. 50,000 to 10,00,000, the defect liability period shall be 6 months from the

certified date of completion.

(1) For works likes Check Dam/ Canal / Drainage / Road Structure tender amount more than

RS. 10,00,000, the defect liability period shall be 3 Years from the certified date of

(2) For work except likes Check Dam/ Canal / Drainage / Road Structure tender amount

from RS. 10,00,000 to 1 Crore, the defect liability period shall be 12 months from the

certified date of completion.

For all works of tender amount more than RS. 1 Crore, the defect liability period shall be

3 Years from the certified date of completion.

(B) For Building works:-

For Building works of WRD, Follow the R&B Circular dated.03/12/2009

For original building works the defect liability period will be 4 years or elapse of

monsoon period following date of possession of building taken over by user agency

following the certified date of completion, whichever is later.

For the purpose of deciding the monsoon period, the 30th September shall be treated as

WRD Circular No Matas/102013/MICELL(K-1) dated 13/12/2013.

33.2. For Road works :

Free maintenance guarantee period for works of Road/Bridge construction

(a) For resurfacing work of road free maintenance guarantee period one year from the date

(b) In case of widening of the road/strengthening of the road/bridge, the contractor shall

have to give four years free maintenance guarantee from the certified date of completion.

During this period the contractor shall visit the site every six months along with the

concerned Section Officer / Deputy Executive Engineer and will examine the work

already carried out in this contract like road work, jungle cutting, side shoulders, side

gutter, road furniture, patta etc. and will prepare Km. wise inspection report duly signed

by all concerned and any defect observed shall be done within 15 days by the contractor

at his risk and cost as per the direction of Engineer in charge. The contractor needs to do

videography of these visits and require to submit at the time of release of FMG. If B.T.

the surface during the maintenance period of 4 years is worn out then agency shall have

to provide renewal coating as per tender item as directed by the Engineer-in- charge. The

amount equivalent to 5% of each running bill shall be withheld and will be released after

the free maintenance guarantee period (i.e. 4 years) is over.

However, this amount shall be released against fixed deposit or bank guarantee

pledged in the name of Executive Engineer after completion certificate of work is issued.

(1) The flakiness and elongation index (combined) for coarse aggregates under no

circumstances shall exceed the allowable limit set forth in the relevant clause for the

material in question.

(2) 2% of the amount eligible for the payment of bituminous items shall be withheld till the

miscellaneous items like earthwork in embankment / cutting for side shoulders, side

gutters, kilometer / indicator / guard stones, sign boards etc. are completed in all respect

by the contractor. After completion of the miscellaneous items, the above said 2%

withheld amount shall be released.

(Govt. of Gujarat's G.R. No.: TNC-10-2013-3(Part-3)/C, Dtd. 13/12/2013).

(3) Videography for the surface under Maintenance Guarantee is to be done as per Govt.

letter No.: SSR/10/2015-16/26/C, Dtd. 26/11/15 for the work costing more than Rs.

(4) Setting up of adequate laboratory & deployment of quality engineers. The contractor

shall have to set up the laboratory with adequate equipment. Till the setting up of

adequate laboratory is completed & reported of this to the engineer (subject to due

verification by engineer’s representative) by contractor in writing, Rs.2,00,000/- shall be

withheld. The qualified quality Engineer shall be deployed exclusively for this contract

by the contractors. If quality Engineer is not deployed by contractor within one month

after the date of work order, the amount equivalent to Rs.20,000 per month shall be

recovered till the actual deployment of quality engineer. The amount so recovered

towards the deployment of quality engineers shall not be refunded.

(5) Asphalt work will have to be cross checked as per G.R. No.: RGN/60/2006/35/C,

dtd.31/05/07 before final bill is paid.

(6) Maintenance during Construction Period

During the Construction Period, the Contractor shall maintain, at his own risk and cost,

the existing lane(s) of the road so that the traffic worthiness and safety thereof are at no

time materially inferior as compared to their condition 10 (ten) days prior to the date of

the Agreement, and shall undertake the necessary repair and maintenance works for this

purpose; provided that the Contractor may, at his cost, interrupt and divert the flow of

traffic if such interruption and diversion is necessary for the efficient progress of works

and conforms to Good Industry Practice; provided further that such interruption and

diversion shall be undertaken by the Contractor only with the prior written approval of

the Executive Engineer which approval shall not be unreasonably withheld. For the

avoidance of doubt, it is agreed that the Contractor shall at all times be responsible for

ensuring safe operation of the road.

33.3. The Engineer shall check the Contractor’s work and notify the Contractor of any defects that

are found. Such checking shall not affect the Contractor’s responsibilities the Engineer may

instruct the Contractor to search for a Defect and to uncover and test any work that the

Engineer considers may have a Defect.

34.1. If the engineer instructs the Contractor to carry out a test not specified in the Specification to

check whether any work has a Defect and the test shows that it does, the Contractor shall pay

for the test and any samples. If there is no defect the test shall be a Compensation Event.

34.2. 1% of the amount of work done for works upto Rs. 10 crore of estimate cost should be

deducted from R.A. Bill of the contractor for testing the quality of material

workmanship.Whereas for estimated cost of works more than 10 crore, the charges for testing

of quality of material workmanship shall be deducted from R.A. bill of contractor as per

actual charges. As Per GoG NWRWS & K Department’s Circular No.

PARCH/132023/401/MICELL Dated: 05/10/2023

34.3. Agency has to establish testing laboratory on site for the various test to be carried out in the

work for this purpose agency shall construct a pukka laboratory building with all facility on

site at location specified by the engineer in charge.

35. Correction of defects

35.1. The engineer shall give notice to the Contractor of any defects before the end of the defects

Liability Period, which begins at Completion and is defined in the Contract Data. The

Defects Liability Period shall be extended for as long as Defects remain to be corrected.

35.2. Every time notice of a Defect is given, the Contractor shall correct the notified defect within

the length of time specified by the Engineer’s notice.

36. Uncorrected Defects

36.1. If the Contractor has not corrected a defect within the time specified in the Engineer’s notice,

the Engineer will assess the cost of having the Defect corrected, and the Contractor will pay

D. COST CONTROL

37. Bill of Quantities

37.1. The bill of Quantities shall contain items for the constructions, installation, testing and

commissioning work to be done by the Contractor.

37.2. The bill of Quantities is used to calculate the Contract price. The Contractor is paid for the

quantity of the work done at the rate in the Bill of Quantities for each item.

38. Change in the Quantities

38.1. The Engineer shall have power to make any alterations in or addition to the original

specifications , drawings, designs and instructions that may appear to him to be necessary or

advisable during the progress of the work and the contractor shall be bound to carry out the

work in accordance with any instruction in this connection which may be given to him in

writing signed by the Engineer and such alteration shall not invalidate the contract and any

additional work which the contractor may be directed to do in the manner above specified as

part of the work shall be carried out by the contractor on the same conditions in all respects

on which he agreed to do the main work and at the same rate as are specified in the tender for

38.2. Except that when the quantity of any item exceeds the quantity as in the tender by more than

130%, the contractor will be paid for the quantity in excess of 130%, at the rate entered in the

SOR of the year during which the excess in quantity is first executed.

39.1. All Variations shall be included in updated programmes produced by the Contractor.

40. Payments for Variations

40.1. If the additional or altered work includes any class of work for which no rate is specified in

this contract, then such class of work shall be carried out as under.

(i) At the rate derived from the item within the contract which is comparable to the one

involving additional or altered class of work; where there are more than one comparable

items, the item of the contract which is nearest in comparison with regard to class or classes

of the work involved shall be selected and the decision of the Superintending Engineer as to

the nearest comparable item shall be final and binding on the contractor.

(ii) If the rate cannot be derived in accordance with (i) above, such class of works shall be

carried out at the rate entered in the Schedule of Rates of the division for the year in which

the tender was received, increased or decreased by the percentage by which the tender

amount is more or less as compared to the amount arrived at the rates in the “Schedule of

Rates” of the Division in the year in which the tender was received. If the Schedule of rates

of the Division does not contain all the items, the percentage increase or decrease of the

tender shall be calculated considering such items which were included in the “Scheduled

Rates” of the division for the year and for materials consumed on such item the rate to be

charged would be the basic rate taken into account for fixing the rate in S.O.R. referred to

(iii) If it is not possible to arrive at the rate from (i) and (ii) above, such class of work shall be

carried out at the rate decided by the competent authorities on the basis of detailed rate

analysis after hearing the contractor before a Committee of two Superintending Engineers

stationed at the same place or the nearest place.

40.2. If the additional or altered work, for which no rate is entered in the “Schedule of Rates” of

the Division is ordered to be carried out before the rate is agreed upon, then the contractor

shall within seven days of the date of receipt by him of the order to carry out the work,

inform the Engineer-in-charge of the rate, which it is his intention to charge for such class of

work and if the Engineer in charge does not agree to this rates, he shall by notice in writing

be at liberty to cancel his order to carry out such class of work and arrange to carry it out in

such manner as he may consider it advisable, provided always that if the contractor shall

commence work or incur any expenditure in regard thereof before the rates shall have been

determined as lastly herein before mentioned, then in such cases he shall only be entitled to

be paid in respect of the work carried out or expenditure incurred by him prior to the date of

the determination of the rate as aforesaid according to such rate or rates as shall be fixed by

the Engineer-in-charge. In the event of the dispute, the decision of the Superintending

Engineer of the Circle shall be final.

Where, however, the work is to be executed according to the designs, drawings and

specifications recommended by the contractor and accepted by the competent authority, the

alternation above referred to shall be within the scope of such designs, drawings and

specifications appended to the tenders.

The time limit for the completion of the work shall be extended in the proportion that

the increase in the cost occasioned by alterations bears to the cost of the original work and

the certificate of the Engineer-in-charge as to such proportion shall be final and conclusive.

41. Cash Flow Forecasts

41.1. When the programme is updated, the contractor is to provide the engineer with an updated

cash flow forecast.

42. Payment certificates.

42.1. The Contractor shall submit to the Engineer monthly statements of the estimated value of the

work completed less the cumulative amount certified previously.

42.2. The Engineer shall check the Contractor’s monthly statement within 14 days and certify the

amount to be paid to the Contractor after taking in to account any credit or debit for the

month in question in respect of materials for the works in the relevant amounts and under

conditions set forth in Sub-Clause 32.3 of the Contract Data (secured Advance).

42.3. The value of work executed shall be determined by the Engineer.

42.4. The value of work executed shall comprise the value of the quantities of the items in the Bill

of Quantities completed.

42.5. The value of work executed shall include the valuation of variations and compensation

42.6. The Engineer may exclude any item certified in a previous certificate or reduce the

proportion of any item previously certified in any certificate in the light of later information

43.1. Payments shall be adjusted for deductions for advance payments, retention, other recoveries

in terms of the contract and taxes at source, as applicable under the law. The Employer shall

pay the Contractor the amounts certified by the Engineer within 28 days of the date of each

43.2. Payment of GST (prevailing rates) on the amount payable under the contract to the

Contractor will be made by the Employer. Hence, it is the responsibility of the contractor to

pay the GST to the concerned Authority.

43.3. Items of the works for which no rate or price has been entered in will not be paid by the

Employer and shall be deemed covered by other rates and prices in the Contract.

44. Compensation events

44.1. The following are compensation Events unless they are caused by the Contractor:

(a) The Employer does not give access to a part of the Site by the site Possession date stated

in Contract Data to the Contractor

44.2. In case of compensation event occurs and it prevents the work being completed beyond the

Intended Completion Date then Authority will approve EOT with eligible contractual price

45.1. The rates quoted by the Contractor must be inclusive of all taxes prevailing on due date of

bid submission except GST. However, any subsequent changes in the tax structure by

Government after due date of bid submission will be compensated (+/-) on availability or

submission of actual documentation. Contractor will have to intimate Engineer regarding

changes occurred in the tax structure after bid submission. If the contractor fails to provide

such information and if any financial obligation may arise due to change in tax structure,

same will be recovered from the contractor.

45.2. GST will be paid separately on the bills. Hence, it is the responsibility of the contractor to

pay the GST to the concerned Authority.

46. Currencies.

46.1. All payment shall be made in Indian Rupees.

47. Price Adjustment

47.1. Contract price shall be adjusted for increase or decrease in rates and price of labour,

materials, fuels and lubricants in accordance with the following principles and procedures

and as per formula given in the Contract Data:

(a) The price adjustment shall apply for the work done from the start date given in the

Contract Data up to end of the initial intended completion date or extensions granted by

the Engineer and shall not apply to the work carried out beyond the stipulated time for

reasons attributable to the contractor.

(b) The price adjustment shall be determined during each month from the formula given in the

(c) Following expressions and meanings during to the work done during each month.

R = Total value of work done during the month. It would include the amount of secured

advance granted, if any, during the month less the amount of secured advance

recovered, if any during the month. It will exclude value for works executed under

variations for which price adjustment will be worked separately based on the terms

mutually agreed.

47.2. To the extent that full compensation for any rise or fall in costs to the contractor is not

covered by the provisions of this or other clause in the contract, the unit rates and prices

included in the contract shall be deemed to include amounts to cover the contingency of such

other rise or fall in costs.

48.1. The Employer shall retain from each payment due to Contractor the proportion stated in the

Contract Data until Completion of the whole of the Works.

48.2. On Completion of the whole of the Works half the total amount retained is repaid to the

48.2. On Completion of the whole of the Works half the total amount retained is repaid to the

Contractor and half when the Defects Liability Period has passed and the Engineer has

certified that all Defects notified by the Engineer to the Contractor before the end of this

period have been corrected.

48.3. On completion of the whole works, the contractor may substitute retention money with an

“on demand” Bank guarantee.

In case, Contractor requests for refund of the Retention Money deducted by the

Employer under the provision of this clause, Employer shall consider the said request of the

Contractor provided that the refund hereunder shall be made in tranches of not less than 1%

(One Percent) of the Contract Price and Contractor furnishes an irrevocable and

unconditional Bank guarantee for an equal amount substantially in the format of Bank

Guarantee for Performance Guarantee enclosed with SBD and valid up to 60 day beyond the

scheduled / extended Defects Liability Period. On completion of the whole works, the

contractor has however an option to submit a fresh irrevocable and unconditional Bank

Guarantee for an amount equal to 5% of the total value of work executed substantially in the

format of Bank Guarantee for Performance Guarantee enclosed with SBD and valid up to

days beyond the Defect Liability Period and yet refund the Retention Money Bank Guarantee

submitted for refund of Retention Money.

49. Liquidated Damages

49.1. The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the

Contract Data for each day that the Completion Date is later than the Intended Completion

Date (for the whole works or the milestone as stated in the Contract Data). The total amount

Date (for the whole works or the milestone as stated in the Contract Data). The total amount

of liquidated damages shall not exceed the amount defined in the Contract Data. The

Employer may deduct liquidated damages from payment due to the Contractor. Payment of

liquidated damages does not affect the Contractor’s liabilities.

49.2. If the Intended Completion Date is extended after liquidated damages have been paid, the

Engineer shall correct any overpayment of liquidated damages by the Contractor by adjusting

the next payment certificate. The Contractor shall not be entitled for any interest on the over

payment calculated from the date of payment to the date of repayment.

49.3. If the contractor fails to comply with the time for completion as stipulated in the tender, then

the contractor shall pay to the employer the relevant sum stated in the Contract Data as

Liquidated damages for such default and not as penalty for everyday or part of day which

shall elapse between relevant time for completion and the date stated in the taking over

certificate of the whole of the works on the relevant section, subject to the limit stated in the

The employer may, without prejudice to any other method of recovery deduct the

amount of such damages from any monies due or to become due to the contractor. The

payment or deduction of such damages shall not relieve the contractor from his obligation to

complete the works on from any other of his obligations and liabilities under the contract.

49.4. If, before the Time for Completion of the whole of the Works or, if applicable any Section, a

Taking Over Certificate has been issued for any part of the Works or of a Section, the

liquidated damages for delay in completion of the remainder of the Works or of that Section

shall, for any period of delay after the date stated in such Taking-Over-Certificate, and in the

absence of alternative provisions in the Contract, be reduced in the proportion which the

value of the part so certified bears to the value of the whole of the Works or Section, as

applicable. The provisions of this Sub-clause shall only apply to the rate of liquidated

damages and shall not affect the limit thereof.

50. Bonus --Deleted

50.1. If the contractor achieves completion of the whole of the works prior to the intended

Completion Date prescribed in Contract Data the Employer shall pay to the contractor a sum

stated in Contract Data as bonus for every completed month but subjected to maximum

amount as stated in Contract Data; which shall elapse between the date of completion of

all items of works as stipulated in the contract, including variations ordered by the Engineer

and the time prescribed in Clause

50.2. Bonus shall be paid only to works amounting to above INR 5 crore with time limit of the

works is equal or more than 6 months. The bonus would be paid as under

% of Initial Contract

% of Time Saved Price entitled for

Less than 10% 0%

51. Advance Payment.

51.1. The Employer shall make advance payment (not to be paid less than two installments except

in special circumstances for which the reason to be Recorded in writing) to the Contractor of

the amounts stated in the Contract Date by the date stated in the Contract Date, against

provision by the Contactor of an Unconditional Bank Guarantee in a form and by a bank

acceptable to the Employer in amounts and currencies equal to be at least 110% of the

advance payment. The guarantee shall remain effective until the advance payment has been

repaid, but the amount of the guarantee shall be progressively reduced by the amounts repaid

by the Contractor. The Mobilization advance would be deemed as interest bearing advance at

an interest rate of 10 % to be compounded, quarterly.

51.2. The Contractor is to use the advance payment only to pay for Equipment, plant and

Mobilization expenses required specifically for execution of the Works. The Contractor shall

demonstrate that advance payment has been used in this way by supplying copies of invoices

or other documents to the engineer.

51.3. The advance payment shall be repaid by deduction proportionate amount from payments

otherwise due to the Contractor, following the schedule of completed percentages of the

Works on a payment basis. No account shall be taken of the advance payment or its

repayment in assessing valuations of work done, variations, price adjustments, Compensation

Events, or Liquidated damages.

52.1. The performance Security (including additional security for unbalanced bids) shall be

provided to the Employer no later than the date specified in the Letter of Acceptance and

shall be issued in an amount and form and by a bank or surety acceptable to the Employer,

and denominated in Indian Rupees. The performance Security shall be valid until a date

days from the date of expiry of Defects Liability Period and the additional security for

unbalanced bids shall be valid until a date 28 days from the date of issue of the certificate of

Performance and Additional PerformanceSecurity shall become refundable/releasablewithin

15 days after project certifiedcompletion date subject to fulfillment ofcontractual obligation

and settlement of alldues and claims.

54. Cost of Repairs.

54.1. Loss or damage to the Works or Materials to be incorporated in the Works between the Start

date and the end of Defects Correction periods shall be remedied by the Contractor at the

Contractor’s cost if the loss or damages arises from the Contractor’s acts or omissions.

E. FINISHING THE CONTRACT

55.1. The Contractor shall request the Engineer to issue a Certificate of Completion of the works

and the Engineer will do so upon deciding that the work is completed.

56. Taking Over

56.1. The Employer shall take over the Site and the Works within seven days of the Engineer

issuing a certificate of Completion.

57. Final Account

57.1. The Contractor shall supply to the Engineer a detailed final account of the total amount that

57.1. The Contractor shall supply to the Engineer a detailed final account of the total amount that

the Contractor considers payable as full and final settlement of all claims under the Contract

for items before the end of the Defects Liability Period. The Engineer shall issue a Defect

Liability Certificate and certify any final payment that is due to the Contractor within 56 days

of receiving the Contractor's account if it is correct and complete. If it is not, the Engineer

shall issue within 56 days a schedule that states the scope of the corrections or additions that

are necessary. If the Final Account is still unsatisfactory after it has been resubmitted, the

Engineer shall decide on the amount payable to the Contractor and issue a payment

certificate, within 56 days of receiving the Contractor’s revised account.

57.2. If reversal in characteristic of tender (L1 becoming L2) on account of excesses and savings in

final account is observed, the Engineer/Employer shall be at liberty to restrict the final

payment of BOQ items to the lowest amount evaluated of the bids considering the final

quantities and the rates quoted including the rebates if any. Payment of variation items shall

however be made at the rates approved by the Employer, within 90 days from the physical

completion of work.

58. Operating and Maintenance Manuals

58.1. If “as built” drawings and/or operating and maintenance manuals are required, the Contractor

shall supply them by the dates stated in the Contract Data.

58.2. If the Contractor does not supply the Drawings and/or manuals by the dates stated in the

Contract Data, or they do not receive the Engineer’s approval, the Engineer shall withhold

the amount stated in the Contract Data from payments due to the Contractor.

59. Termination

59.1. The Employer or the Contractor may terminate the Contract if the other party causes a

fundamental breach of the Contract.

59.2. Fundamental breaches of Contract include, but shall not be limited to the following:

(1) The contractor stops work for 28 days when no stoppage of work is shown on the current

programme and the stoppage has not been authorized by the Engineer

(2) The Engineer instructs the Contractor to delay the progress of the Works and the

instructions is not withdrawn within 28 days;

(3) The Employer or the Contractor is made bankrupt or goes into liquidation other than for a

reconstructions or amalgamation

(4) A payment certified by the Engineer is not paid by the Employer to the Contractor within

56 days of the date of the Engineer’s certificate

(5) The Engineer gives Notice that failure to correct a particular Defect is a fundamental

breach of Contract and the Contractor fails to correct it within a reasonable period of time

determined by the Engineer;

(6) The Contractor does not maintain a security which is required;

(7) The Contractor has delayed the completion of works by the number of days for which the

maximum amount of liquidated damages can be paid as defined in the Contract Data; and

(8) If the Contractor, in the judgment of the Employer has engaged in corrupt or fraudulent

practices in competing for or in executing the Contract.

For the purpose of this paragraph: “corrupt practice” means the offering, giving,

receiving or soliciting of anything of value to influence the action of a public official in the

procurement process or in contract execution. “Fraudulent practice” means a

misrepresentation of facts in order to influence a procurement process or the execution of a

contract to the detriment of the borrower, and includes collusive practice among Bidders

(prior to or after bid submission) designed to establish bid prices at artificial non-competitive

levels and to deprive the Borrower of the benefits of free and open competition.

59.3. When either party to the Contract gives notice of a breach of contract to the Engineer for a

cause other than those listed under Sub Clause 59.2 above, the Engineer shall decide whether

the breach is fundamental or not.

59.4. Notwithstanding the above, the employer may terminate the Contract for convenience.

60. Payment upon Termination

60.1. If the Contract is terminated because of a fundamental breach of Contract by the Contractor,

the Engineer shall issue a Certificate for the value of the work done less advance payments

received up to the date of the issue of the certificate, less other recoveries due in terms of the

contract, less taxes due to deducted at source as per applicable law and less the percentage to

apply to the work not completed as indicated in the Contract Data. Additional Liquidated

Damages shall not apply. If the total amount due to the Employer exceeds any payment due

Damages shall not apply. If the total amount due to the Employer exceeds any payment due

to the Contractor the difference shall be a debt payable to the Employer.

60.2. If the Contract is terminated at the Employer’s convenience or because of a fundamental

breach of Contract by the Employer, the Engineer shall issue a certificate for the value of the

work done, the cost of balance material brought by the contractor and available at site, the

reasonable cost of removal of equipment, repatriation of the Contractor’s personnel

employed solely on the works, and the Contractor’s cost of protecting and securing the

Works and less advance payment received up to the date of the certificate, less other

recoveries due in terms of the contract and less taxes due to deducted at source as per

applicable law.

61.1. All materials on the Site, Plant Equipments, Temporary Works and Works are deemed to be

property of the Employer, if the Contract is terminated because of a Contractor’s default.

62. Release from Performance

62.1. If the Contract is frustrated by the outbreak of war of by any other event entirely outside the

control of either the Employer or the Contractor the Engineer shall certify that the Contract

has been frustrated. The Contractor shall make the Site safe and stop work as quickly as

possible after receiving this certificate and shall be paid for all work carried out before

receiving it and for any work carried out afterwards to which commitment was made.

F. SPECIAL CONDITIONS OF CONTRACT

The Contractor shall, unless otherwise provided in the Contract, make his own

arrangements for the engagement of all staff and labour, local or other, and for their payment

of housing, feeding and transport.

The Contractor shall, if required by the Engineer, deliver to the Engineer a return in

detail, in such form and at such intervals as the Engineer may prescribe, showing the staff

and the numbers of the several classes of labour from time to time employed by the

Contractor on the site and such other information as the Engineer may require.

64. COMPLIANCE WITH LABOUR REGULATIONS

During continuance of the contact, the Contractor and his sub- contractor shall abide at

all times by all existing labour enactments and rules made thereunder, regulations,

notification and bye laws of the State or central Government or local authority and any other

labour law (including rules), regulations, bye laws that may be passed or notifications that

may be issued under any labour law in future either by the State or the Central Government

or the local authority. Salient features of some of the major labour laws that are applicable to

the construction industry are given below. The Contractor shall keep the Employer

indemnified in case any action is taken against the Employer by the competent authority on

account of contravention of any of the provisions of any Act or rules made thereunder,

regulations or notifications including amendments. If the Employer is caused to pay or

reimburse, such amounts as may be necessary to cause or observe, or for observance of the

provisions stipulated in the notifications/bye laws/Acts/Rules/regulations including

amendments, if any, on the part of the Contractor, the Engineer/employer shall have the right

to deduct any money due to the Contractor including his amount of performance security.

The Employer/Engineer shall also have the right to recover from the Contractor any sum

required or estimated to be required for making good the loss or damage suffered by the

The employees of the Contractor and the Sub-Contractor in no case shall be treated as

the employees of the Employer at any point to time.

SALIENT FEATURES OF SOME MAJOR LABOUR AND OTHER LAWS APPLICABLE

TO ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTIONS

A) Workmen Compensation Act 1923:-

The Act provides for compensation in case of injury by accident arising out of and during the

course of employment.

B) Payment of Gratuity Act. 1972:-

Gratuity is payable to an employee under the Act on satisfaction of certain conditions on

separation if an employee has completed 5 years’ service or more on death, the rate of

days wages for every completed year of service. The Act is applicable to all establishments

employing 10 or more employees.

C) Employees P.F. and Miscellaneous Provision Act 1952:-

The Act Provides for monthly contributions by the employer plus workers @ 10% or 8.33%.

The benefits payable under the Act are:

1. Pension or family pension on retirement or death, as the case may be.

2. Deposit linked insurance on the death in harness of the worker.

3. Payment of P.F. accumulation on retirement/death etc.

D) Maternity Benefit Act 1951 :-

The Act provides for leave and some other benefits to women employees in case of

confinement or miscarriage etc.

E) Contract Labour (Regulation & Abolition) Act 1970:

The Act provides for certain welfare measures to be provided by the Contractor to contract

labour and in case the Contractor fails to provide, the same are required to be provided, by

the Principal Employer by Law. The principal Employer is required to take Certificate of

Registration and the Contractor is required to take license from the designated Officer. The

Act is applicable to the establishments or Contractor of Principal Employer, if they employ

20 or more contract labour.

F) Minimum Wages Act 1948 :-

The Employer is supposed to pay not less than the Minimum Wages fixed by appropriate

Government as per provisions of the Act, if the employment is a scheduled employment.

Construction of Building, Roads, and Runways are scheduled employment.

G) Payments of wages Act 1936:-

It lays down as to by what date the wages are to be paid, when it will be paid and what

deductions can be made from the wages of the workers.

H) Equal remunerations Act 1979 :-

The Act provides for payment of equal wages for work of equal nature to Male and Female

workers and for not making discrimination against female employees in the matter of

transfer, training and promotions etc.

I) Payments of Bonus Act 1965:-

The Act is applicable to all establishments employing 20 or more employees. The Act

provides for payments of annual bonus subject to a minimum of 8.33% of wages and

maximum of 20 % of wages to employees drawing Rs. 3500/- per month or less. The bonus

to be paid to employees getting Rs, 2500/- per month or above Rs. 3500/- per month shall be

worked out by taking wages as Rs. 2500/- per month only. The Act does not apply to certain

establishments. The newly set-up establishments are exempted for five years in certain

circumstances. Some of the State Governments have reduced the employment size from 20 to

10 for the purpose of applicability of this Act.

J) Industrial Disputes Act 1947 :-

The Act lays down the machinery and procedure for resolutions of Industrial disputes, in

what situations a strike or lock-out becomes illegal and what are the requirements for laying

off or retrenching the employees or closing down the establishment.

K) Industrial employment (standing Orders) Act 1946 :-

It is applicable to all establishments employing 100 or more workmen (employment size

reduced by some of the State and Central Government to 50). The Act provides for laying

down rules governing the conditions of employment by the Employer on matters provided in

the Act and get the same certified by the designated Authority.

L) Trade Unions Act 1926:-

The Act lays the procedure for registration of trade unions of workmen and employers. The

Trade Unions registered under the Act have given certain immunities from civil and criminal

M) Child Labour (Prohibition & Regulation Act 1986 :-

The Act prohibits employment of children below 14 years of age in certain occupations and

process and provides for regulation of employment of children in all other occupations and

processes. Employment of Child labour is prohibited in Building and Construction Industry.

N) Inter – State Migrant workmen’s (Regulation of Employment & Conditions of service)

The Act is applicable to an establishment which employs 5 or more inter-state migrant

workmen through an intermediary (who has recruited workmen in one state for employment

in the establishment situated in another state).The inter-state migrant workmen, is an

establishment to which this Act becomes applicable, are required to be provided certain

facilities such as housing, medical aid, traveling expenses from home up to the establishment

O) The Building and Other Construction workers (Regulation of employment and

Conditions of Service) Act 1996 and the Cess Act of 1996:-

All the establishments who carry on any building or other constructions work and employ

or more workers are covered under this Act. All such establishments are required to pay cess

at the rate not exceeding 2% of the cost of construction as may be modified by the

government. The Employer of the establishment is required to provide safety measures at the

Building or construction work and other welfare measures, such as canteens, First Aid

facilities, Ambulance, Housing accommodations for workers near the workplace etc. The

Employer to whom the Act applies has to obtain a registration certificate from the

Registering Officers appointed by the Government.

P) Factories Act 1948 :-

The Act lays down the procedure for approval of plans before setting up a factory, health and

safety provisions, welfare provisions, working hours, annual earned leave and rendering

information regarding accidents or dangerous occurrences to designated authorities. It is

applicable to premises employing 10 persons or more with aid of power or 20 or more

persons without the aid of power engaged in the manufacturing process.

Q) Royalty charges–

The contractor shall pay the royalty to the competent authority as per rule. The royalty

charges paid shall be borne by the contractor and shall not be reimbursed by the Employer.

R) Following Pollution control Acts and amendments made thereof from time to time shall

1. Water (Preservation and control of Pollution) Act,

2. Air (Prevention and Control of Pollution Act1981

3. Environmental (Protection) Act

The contractor must commit to adopting Environmental management plan for best

energy use, waste management, the reduction of pollution as in EMS (Environmental

Management system) ISO-14001-2015

65. ARBITRATION (GCC Clause 24)

The procedure for arbitration will be as follows: -

24.1 If the Contractor is of the view that a decision taken by the Engineer was either outside the

authority given to the Engineer by the Contract or that the decision was wrongly taken, the

decision shall be referred to Superintending Engineer(E&M), Electrical & Mechanical

Circle Office, Vadodaraora within 14 days of the notification of the Engineer's decision. If

the issue is not resolved, any party can refer the matter for conciliation within 15 days from

the decision given by the Superintending Engineer.

(a) For the work up to Rs.100 Cr., if any of the parties is not satisfied with the decision of the

Superintending Engineer, both the parties have to refer to the concerned Chief Engineer

for the conciliation process.

(b) For the work more than Rs.100 Cr., if any of the parties is not satisfied with the decision

of the Superintending Engineer, both parties have to refer to the Sardar Sarovar

Narmada Nigam H.O., Block No. 12, Gandhinagar, Government of Gujarat for the

conciliation process.

If the dispute is not resolved through the conciliation process, contractor may refer the

dispute to Gujarat Public Works Contract Dispute Arbitration Tribunal. If the Contractor fails

to refer a claim / dispute to the Higher Authority within 14 days of the notification of the

Engineer's decision, the Contractor shall not be entitled to any additional payment/claim if he

doesn’t follow the above sequence in stipulated time. However, during such period, he would

not stop the work in any case.

THIS PAGE HAS BEEN KEPT BLANK

THIS PAGE HAS BEEN KEPT BLANK

Item marked “N/A” do not apply to this Contract. With respect

1. The Employers is [CL.1.1]

Name: Executive Engineer (E&M), 2nd Floor, Block-A, Narmada

Bhavan, Indira Avenue, Vadodara – 390 001 (Ph. No.

Email id: [email protected]

Name of authorized Representative (will be intimated later)

2. The Engineer is …………….

Name of Authorized Representative: Executive Engineer (E&M),

Electrical & Mechanical Division, Vadodara

3. The Defects Liability Period is 3 years from the date of completion. [CL.1.1&33]

4. The Start Date shall be 1st days for the date of issue of the Notice to [CL.1.1]

proceed with the work.

5. The Intended Completion Date for the whole of the works is 24 [CL.1.1, 17&2

(Twenty Four) months after start of work with the following ]

Physical works to be completed Period from the start date

Milestone1 i.e.25% …. Days

Milestone2 i.e.50%….Days

Milestone3 i.e.75% ….Days

Milestone4 i.e.100 % ….Days

6. The Site is located at Vadodara [CL.1.1]

7. The name and identification number of the Contract [CL.1.1]

8. The works consist of items as per B.O.Q. The works shall, inter alia, [CL.1.1]

include the following, as Specified or as directed:

Site clearance; setting out and LayoutConstruction and

Maintenance of all types of dams and its component, earthen

dam; spillway; installation of gate; excavation and earth work,

approach road, Inspection Bunglows, checkdams, bandhara, T.R.,

weir, barrages, Flood Protection & Anti Sea Erosion work, canal

lining and structures, , CD Works, structure repairing,

Jungalecutting, Desilting, etc. other WRD works.

Site clearance; setting – out and layout; widening of existing

carriageway and strengthening including camber corrections;

construction of new road/ Parallel service road; bituminous

pavements remodeling/construction of Junctions, intersections,

bus bays, lay-bays; supplying and placing of drainage Channels,

flumes, guard posts and guard other related items;

construction/extension of cross drainage works, bridge,

approaches and other related stones; protective works for

roads/bridge; all aspects of quality assurance of various

components of the works; rectification of The defects in the

completed works during the Defects Liability Period; submission

of “As- built’’ drawings and any other related documents; and

other item of work as may be required to be carried out for

completing the work in accordance with the drawings and the

provisions of the contract and to ensure safety.

(C) Bridge Works

provision of foundations, piers abutments and bearing;

prestressed/reinforced cement concrete superstructure; wearing

coat, hand railings, expansion joints, approach slabs, drainages

spouts/ down take pipes, arrangements for fixing light posts,

water mains, utilities etc.; provision of suitably designed

protective works; providing wing/return walls; provision of road

markings, road signs etc.; all aspects of quality assurance;

clearing the site and handing over the works on completion;

rectification of the defects during the Defects Liability Period and

submission of “As-built” drawings and other related documents;

and other items of work as may be required to be carried out for

completing the works in accordance with the drawingsand the

provisions of the contract and to Insure safety.

(D) Other Items

Any Other Items as required to fulfill all contractual obligations as

per the Bid documents.

10. The following documents also form part of the Contract: [CL.2.3(9)]

11. The law which applies to the Contract is the law of Union of India [CL.3.1]

12. The language of the Contract documents is English [CL.3.1]

13. Limit of subcontracting 25% of the Initial Contract Price. [CL.7.1]

14. The Schedule of Other Contractors [CL.8]

15. The Schedule of Key Personnel As per Annex – II to Section I [CL.9]

16. The minimum insurance cover for physical property, injury and death [CL13]

is Rs. 5 lakhs per occurrence with the number of occurrences limited

to four. After each occurrence, the contractor will pay an additional

premium necessary to make insurance valid for four occurrences

17. Site Investigation report [CL.14]

18. The Site Possession dates shall be as per availability of site. [CL.21]

19. The period for submission of programme for approval of the engineer [CL. 27.1]

shall be 21 days from the issue of Letter of Acceptance

20. The period between program updates will be ……. days [CL. 27.3]

21. The amount to be withheld for late submission of an updated [CL. 27.3]

programme shall be Rs. …….Lacs

22. The following events shall also be Compensation Events [CL. 44]

Substantially adverse ground conditions encountered during the

course of execution of work not provided for in the bidding

(i) Removal of underground utilities detected subsequently

(ii) Significant changes in classification of soil requiring

additional mobilization by the contractor, e.g. ordinary soil to

rock excavation,

(iii) Removal of unsuitable material like marsh, debris dumps, etc.

not caused by the contractor.

(iv) Artesian conditions

(v) Seepage, erosion landslide

(vi) River training requiring protection of permanent work

(vii)Presence of historical, archeological or religious structures,

monuments interfering with the works

(viii)Restriction of access to ground imposed by civil, judicial, or

military authority

23. The currency of the Contract is Indian Rupees [CL. 46]

24. The formula (e) for adjustment of prices are as under: [CL.47]

If any of the commodities like Cement, Steel or Bitumen are not

found applicable in a work, the weight component of that

commodities {i.e. ‘Cement’ (Pc), ‘Steel’ (Ps) or ‘Bitumen' (Pb) as

indicated in SBD for the purpose of Price Adjustment} shall be

clubbed with the weight component of ‘Other Material’ (Pm), such

that the gross % weight of the components shall remain as 100%.

R = value of work as defined in Clause 47.1 of Conditions of

Adjustment for labour component

(i) Price adjustment for increase or decrease in the cost due to

labour shall be paid in accordance with the following

VL= Increase or decrease in the cost of work during the month

under consideration due to changes in rates for local

L0 = The consumer price index for industrial workers for the

State on 28 days preceding the scheduled date of

opening of technical Bids as published by Labour

Bureau, Ministry of Labour, Government of India

Li = The consumer price index for industrial workers for the

State for the month under consideration as published by

the Labour Bureau, Ministry of Labour, Government of

Pl = Percentage of labor component of the work.

Adjustment for cement component.

(ii) Prices adjustment for increase or decrease in the cost of

cement procured by the contractor

Vc= Increase or decrease in the cost of work during the

month under consideration due to changes in rates for

C0 = The all India wholesale price index for Ordinary

Portland Cement on 28 days preceding the scheduled

date of opening of technical bid as published by the

Office of the Economic Adviser, Department for

Promotion of Industry and Internal Trade, Ministry

of Commerce & Industry.

Ci= Theall India average wholesale price index for Ordinary

Portland Cement for the month under consideration as

published by Office of the Economic Adviser,

Department for Promotion of Industry and Internal

Trade, Ministry of Commerce & Industry.

Pc = Percentage of cement component of the work

Adjustment for steel component

(iii)Price adjustment for increase or decrease in the cost of steel

procured by the contractor shall be paid in accordance with

the following formula

Vs= Increase or decrease in the cost of work during the

month under consideration due to changes in the rates

So= Theall India wholesale price index for steel (Mild Steel

- Long Products Rebars) on 28 days preceding the date

of opening of Bids as published by the Office of the

Economic Adviser, Department for Promotion of

Industry and Internal Trade, Ministry of Commerce

Si= The all India average wholesale price index for steel

(Mild Steel - Long Products Rebars) for the month

under consideration as published by Office of the

Economic Adviser, Department for Promotion of

Industry and Internal Trade, Ministry of Commerce

Ps = Percentage of steel component of the work

Note : For the application of this clause, the index of Mild

Steel- Long products Rebars has been chosen to

represent the steel group.

Adjustments of bitumen component

(iv) Price adjustment for increase in the cost of bitumen shall be

paid in accordance with the following formula

Vb = Increase or decrease in the cost of work during the

month under consideration due to changes in rates for

Bo = The official retail price of bitumen at the IOC depot at

the nearest center on the day 28 days prior to the

scheduled date of opening of technical bid.

Bi= The official retail price of bitumen of IOC depot at the

nearest center :

 For the first 15 days of the month under

consideration, the price declared on the 1st day of

 For the remaining days of the month under

consideration, the rate declared on the 16th day of

Pb = Percentage of bitumen component of the work

Adjustment of POL (fuel and lubricant) component

(v) Price adjustment for increase or decrease in cost of POL (fuel

and lubricant) shall be paid in accordance with the following

Vf = Increase or decrease in the cost of work during the

month under consideration due to changes in rates for

fuel and lubricants.

Fo = The official retail price of High Speed Diesel (HSD) at

the existing consumer pumps of IOC at the nearest

center on the day 28 prior to the date of opening of Bids.

Fi= The official retail price of HSD at the existing consumer

pumps of IOC at the nearest center for the 15thday of

the month of the under consideration.

Pf = Percentage of fuel and lubricants component of the

Note: For the application of this clause, the price of High-

Speed diesel Oil has been chosen to represent the fuel

and lubricants group.

Adjustment for Construction Machinery

(vi) Price adjustment for increase or decrease in the cost of plant

and Machinery spare procured by the Contractor shall be paid

in accordance with the following formula

Vp= Increase or decrease in the cost of work during the

month under consideration due to changes in rates for

plant and machinery spares

P0 = The all India wholesale price index for manufacturer

of machinery for mining, quarrying and

Construction for the month under consideration as

published Office of the Economic Adviser,

Department for Promotion of Industry and Internal

Trade, Ministry of Commerce & Industry.

Pi= The all India average wholesale price index for

manufacturer of machinery for mining, quarrying

and Construction for the month under consideration as

published Office of the Economic Adviser,

Department for Promotion of Industry and Internal

Trade, Ministry of Commerce & Industry.

Pp= Percentage of plant and machinery spares component of

Note: For the application of this clause, index of Heavy

Machinery and parts has been chosen to represent the

Plant and Machinery Spares group.

Adjustment of other materials Component

(vii) Price adjustment for increase or decrease in cost of local

materials other than cement, steel, bitumen and POL procured

by the contractor shall be paid in accordance with the

following formula

Vm = Increase or decrease in the cost of work during the

month under consideration due to change in rates for

local materials other than cement, steel, bitumen and

M0 = The All Indian wholesale price index (all

commodities) on 28 days preceding the scheduled date

of opening of technical Bids, as published by the Office

of the Economic Adviser, Department for Promotion

of Industry and Internal Trade, Ministry of

Commerce & Industry.

Mi= The All India wholesale price index (all commodities)

for the month under consideration as published by the

Office of the Economic Adviser, Department for

Promotion of Industry and Internal Trade, Ministry

of Commerce & Industry.

Pm = Percentage of local material components (other than

cement, steel, bitumen and POL) of the work.

The following percentage will govern the price adjustment

for the entire contract:

1. Labour -Pl 35.00%

2. Cement – Pc 0.00%

3. Steel - Ps 0.00%

4. Bitumen – Pb 0.00%

6. Plant & Machinery Spares Pp 55.00%

7. Other Materials - Pm 10.00%

25. The proportion of payments retained (retention money) shall be 6% [CL. 48]

from each bill subject to a maximum of 5% of final contract price.

26. Amount of Liquidated damages for delay For Whole of work [CL.49]

in completion of works (1/2000)thof the Initial contract price,

rounded off to the nearest Thousand, per

For sectional Completion (wherever

specified In item 6 of Contract data)

(1/2000)th of initial contract price for #5 km

Section, rounded off to the nearest thousand

27. Maximum limit of liquidated damages 10 percent of the Initial [CL.49]

For delay in completion work Contract Price rounded off to the nearest

28. Amount of Bonus for early completion Amount of bonus for early completion of

work shall be given as per CL.50 of Section-

29. Maximum limit of bonus for early 5 percent of the Contract [CL.50] Price

Completion of work

30. The amount of the advance payment are [CL. 51&52] N/A

#Nature of Advances Amount (Rs.)

i. 10% of the On submission of

contract unconditional Bank

Price Guarantee. (to be drawn

before the end of 20% of

the contract period). The

contractor may furnish

four bank guarantees of

2.5 % of each valid for

the full period.

ii. 90% for new After equipment is

and 50% of brought to site

depreciated (provided the

value for old Engineer is satisfied

equipment. That the equipment is

Total amount required for

Total amount required for

will be subject performance of the

to a maximum contract) and on

of 5% of the submission of

Contract Price unconditional Bank

Guarantee foramount

Advance for Non-perishable

material Brought to site

(The advance payment will be paid to the Contractor no later than 28 days after fulfillment of

the above conditions)

31. Repayment of advance payment for mobilization and [CL. 51.3]

The advance loan shall be repaid with percentage deduction from

the interim payments certified by the Engineer under the Contract.

Deduction shall commence in the next Interim Payment Certificate

following that in which the total of all such payments to the

Contractor has reached not less than 20 percent of the Contract

Price or 6 (six) months from the date of payment of first

installment of advance, whichever period concludes earlier, and

shall be made at the rate of 20 percent (collectively for both

Mobilization Advance and Equipment Advance)of the amounts

of all Interim Payment Certificate until such time as the loan has

been repaid, always provided that the loan shall be completely

repaid prior to the expiry of the original time for completion

pursuant to Clause 17 and

33. The securities shall be for the following minimum amounts [CL. 52]

As a percentage of the Contract Price:

Performance Security for 5 percent of contract price plus Rs.

…………….. (to be decided after evaluation of the bid) as

additional security in terms of ITB Clause 29.5.

The standard form of Performance security acceptable to the

Employer shall be an unconditional Bank Guarantee of the type as

presented in Section 8 of the Bidding Documents.

34. The Schedule of Operating and maintenance Manuals…... [CL. 58]

35. The date by which “as– built” drawings (in scale as directed) in 2 [CL. 58]

sets {CL. 58} are required within 28 days of the issue of certificate

of completion of the whole or section of the work, as the case may

36. The amount to be withheld for failing to supply “as built” [CL. 58]

drawings by the Date required is Rs. ……….. Lakhs.

37. The following events shall also be fundamentals breach of [CL. 59.2]

“The Contractor has contravened Sub- clause 7.1 and Clause 9 of

38. The percentage to apply the value of the work not completed [CL. 60]

representing the Employer’s additional cost for completing the

Works shall be 20 per cent.

TECHNICAL SPECIFICATION

THIS PAGE HAS BEEN KEPT BLANK

Name of work- Hiring of Qualified Coordinating Agency (QCA) for 35MW Solar Power Plant (SPP)

at Vadodara in line with the Gujarat Electricity Regulatory Commission (Forecasting,

Scheduling, Deviation Settlement and Related Matters of Solar and Wind Generation

Sources) Regulations, 2019" for a period of 24 months

1. DETAILS OF PROJECT& SALIENT FEATURES OF PROJECT

Since Gujarat is endowed with high solar radiation levels with 300 days of clear Sun with

conductive and condition and minimal sun tracking especially in the barren wasteland areas, the

State Government proposed to encourage Solar Power Generation Projects as a means for social

economic development of these backward regions through livelihood creation for the local

There are total 4 Solar Plant on Vadodara Branch Canal. The details are as under:

Sr. No. Name and Location of Solar Plant Operated and Maintained by

1. 10 MW Canal Top Solar Plant at Sama, M/s. MEIL, Hyderabad

2. 10MW Canal Bank Solar Plant at Raval, M/s. Ujaas Energy Ltd., Indore

3. 5 MW Canal Bank Solar Plant at Nimeta, M/s. SCC-Insolare (JV),

Vadodara Ahmedabad

4. 10 MW Canal Top Solar Plant at Nimeta, M/s. SCC-Insolare (JV),

Vadodara Ahmedabad

The Solar Photovoltaic Crystalline Silicon technology is used for the Canal Top as well as Canal

Bank Solar Power Plant.

The power evacuation from the 10 MW Canal Top Solar plant is done at 66 kV level at the nearby

GETCO at Sama Substation and for the 25 MW (10MW Canal Bank Solar Plant, 5 MW Canal

Bank Solar Plant, and 10 MW Canal Top Solar Plant) Solar plant is done at 66 kV level at the

nearby GETCO at Vyankatpura Substations.

The power generation from this plant is utilized as Captive use for SSNNL’s Saurashtra Branch

Canal Pumping Stations. The power generation from this plant is utilized as Captive use for

SSNNL’s Saurashtra Branch Canal Pumping Stations. During the Last Year Period 01 August

to 31 March 2020, Deviation Charges Levied from SSNNL by the SLDC for 35 (10+25) MW

Solar As Below.

Time Period in Deviation Charges >7% Deviation Charges Deviation Charges >23%

Month but <=15% >15% but <=23%

10 25 MW Total 10 25 Total 10 25 Total

Bids are invited publicly by Executive Engineer (E&M), the office of CE(E&M), 2nd floor,

Narmada bhavan, Block-A, Vadodara-390001 from the eligible contractors registered in

registered as a Qualified Coordinating Agency (QCA) as per GERC Regulation 2019 for

“Generators having installed capacity of Minimum 35MW Solar or wind and out of them 10 MW

in solar plant ”” for ongoing/completed work for the work of Hiring of Qualified Coordinating

Agency (QCA) for 35MW Solar Power Plant (SPP) at Vadodara in line with the Gujarat Electricity

Regulatory Commission (Forecasting, Scheduling, Deviation Settlement and Related Matters of

Solar and Wind Generation Sources) Regulations, 2019" for a period of 24 months.

1. The Contractor shall submit requisite information, documents and payment to initiate

registration process as a QCA to SLDC-Gujarat for SSNNL's 35MW Solar Power Plant (SPP)

at Vadodara within 7 days from the date of acceptance of the Letter of Award. In the event of

the contractor fails to comply the above due to any reason solely attributable to the Contractor,

SSNNL shall have the right to forfeit the EMD.

2. The contractor shall commence the work of forecasting and scheduling within 10 days from

the date of issuance of Letter of Award (LOA).

2. GENERAL SCOPE OF WORK –

The scope of work of QCA/Contractor will include but not limited to the following for 35 MW

Solar Power Plant (SPP) at Vadodara comprising of 10MW Canal Top Solar Power Project at

Sama, Vadodara, 10MW Canal Top Solar Power Project at Nimeta, Vadodara, 5MW Canal Bank

Solar Power Project at Nimeta, Vadodara and 10MW Canal Bank Solar Power Project at Raval,

2.1.The QCA shall submit "Day-Ahead" schedule by 9 AM every day. It shall also submit Intra-day

and a "Week-Ahead" schedule. "Day-Ahead" schedule shall contain solar energy generation

schedule at intervals of 15 minutes (time-block) for the next day, starting from 00:00 hours of

the day and prepared for all 96 time-blocks. "Week-Ahead" schedule shall contain the same

information for the next seven days.

2.2. Co-ordination with authorized agency GETCO/ STU/ SLDC and other agencies as per CERC/

GERC for metering, data collection and its transmission and communication.

2.3. Provide the technical specifications of the associated equipment, at the beginning and

whenever there is any change to the SLDC in the format prescribed by the SLDC. The data

relating to power system output & parameters and weather-related data as applicable shall

also be mandatorily provided by QCA appointed to the SLDC in real time.

2.4. Contractor shall update and provide periodic revisions of forecast/ schedule promptly

whenever there is a variation of more than 5% up to 9 times or as per regulations based on

actual weather and onsite real time data.

2.5. Undertake Commercial Settlement of Deviation charges arising on account of

forecasting/scheduling on behalf of SSNNL for 35 MW Solar Power Plant (SPP) at Vadodara,

including payments to the State Pool account through SLDC..

2.6. Undertake de-pooling of payments received/payable on behalf of the individual

generator/generators of the pooling station from the State Pool account and settling them

with the individual generators

2.7. Undertake commercial settlement of any other charges on behalf of the SSNNL as may be

mandated from time to time.

2.8. DSM Charges along with commercial settlements with SLDC shall be undertaken

by the Contractor/QCA i.e., the Contractor shall undertake deviation settlement mechanism

with Gujarat SLDC as per the Clause No.13.1 of GERC Regulations, 2019, on behalf of

SSNNL. The Contractor shall also undertake commercial settlement of any other charges in

respect to 35MW Solar Power Plant (SPP) at Vadodara on behalf of SSNNL as may be

mandate from time and pay the same to SLDC on behalf of SSNNL. The monthly charge/fee

will be paid by SSNNL to the QCA for this work.

2.9. As per the Clause No.13.2 of GERC Regulations, 2019, QCA/SSNNL shall also provide

payment security to SLDC in the form of Bank Guarantee and/or revolving LC covering

110% of DSM payment for one month (Presently Rs. 16,200/MW, however, amount may be

updated from time to time as per regulations). All cost towards above shall be separately paid

to QCA/Contractor, if required. Hence, the price bid should be not include these costs.

2.10. Contractor shall have the own infrastructure to dispatch the schedules to Gujarat SLDC.

2.11. As per the Clause-8.8 of GERC Regulations, 2019, QCA shall maintain separate records and

account of time-block wise schedules, actual generation and deviations for the plants.

2.12. As per the Clause No.15.1 of GERC Regulations, 2019, all accounts related to deviation shall

be prepared by the QCA on a weekly basis, based on inputs from the SLDC. The same is to be

made available to SLDC & SSNNL by the QCA through software/online.

2.13. As per the Clause No.15.2 of GERC Regulations, 2019, SLDC shall furnish the processed

energy account data along with release of every DSM account.

2.14. Liaising with various authorities and departments for acceptance of the data

2.15. Comparing Actual Energy Generated with schedules submitted and calculating the deviations

with the DSM rate applicable for a particular time block and to communicate such a report to

SSNNL- a system running parallel to Gujarat SLDC calculations.

2.16. To provide analysis/ summary report/ statement for yearly, monthly/ weekly, based on

forecasted/ scheduled vs. actual solar generation data.

2.17. Contractor duly Signed Daily Forecasting V/s Generation Schedule to be submitted to

Engineer- in -Charge at the end of the Day.

2.18. Contractor shall maintain the necessary back-ups of forecasted data at own premises and

provide to SSNNL as needed.

2.19. Contractor shall immediately communicate with SSNNL about non- availability of data due to

instrumentation failure or malfunction.

2.20. Contractor shall be flexible to implement GERC regulation changes as and when takes place.

2.21. Liaise with Gujarat SLDC on behalf of SSNNL to settle any disputes or complaints related to

deviation, scheduling or forecasting.

2.22. The roles/ responsibilities of QCA shall be as per Clause No.6 (6.1 to 6.5) GERC Regulation,

2019. In addition to this, QCA shall be responsible to coordinate with the O&M service

provider of SSNNL for the plant to take the access for capturing the requisite data without

any additional cost to SSNNL, including but not limited to the following:

a. To collect plant availability data (Under maintenance, under breakdown, planned

maintenance & any major outage within or beyond the internal grid of the solar park)

on daily basis and incorporate in forecasting model for accurate forecasting.

b. To collect historical solar insolation data & actual Generation data (15 min. SCADA

c. To collect real time Generation data (Inverter level) and other data required from

2.23. QCA shall be responsible to transmit plant level data and other required data to SLDC and

QCA has to develop their own network, communication mode and protocol to transfer data to

SLDC as per requirements of Clause No 5.3 of SLDC's draft procedure for (Forecasting,

Scheduling and Deviation Settlement for solar and wind generation) Regulation, 2019. QCA

shall be responsible for supply and installation of the SEM/communication/data acquisition

system etc for transfer of information to Gujarat SLDC, if required at site.

2.24. The QCA shall strictly adhere to all the guiding principles, formats of forecast submission and

other modalities and requirements as stipulated in the detailed procedure of GERC.

2.25. The Contractor (QCA) shall keep SSNNL indemnified at all time and shall undertake to

indemnify, defend and save the SSNNL harmless from and against any and all

damages, losses, claims, proceeding suits, demand, charges and actions, arising out of

a. Any disputes with SLDC, and/or

b. Breach or default of the procedure as mentioned in Clause No.13.4 of the GERC

Regulations 2019, and/or

c. Surcharge attracts, as per Clause No.13.4 GERC Regulations 2019, due to non-

submission of Deviation Charges within time frame, and/or

d. Insufficient/exhausted Bank Guarantee/ Revolving LC towards payment security as per

Clause No.13.2 GERC Regulations 2019, and/or

e. Non-compliance of any obligations established under the Procedure and

GERC Regulations,

2.26. Forecasting:-

 ABT meter is available at Developer end switchyard at respective Solar Plant.QCA to

collect ABT meter data from developer end switchyard either directly from respective site

.plant outage details (if any)shall be directly taken by QCA from respective O&M agency.

 Collecting SCADA data Pushed by Our server on your Central FTP Server Including actual

Inverter/grid availability data from the PV System manufacturer/developer with suitable

recommendation and appropriate uptime with data security for each individual generator.

 Collecting weather data from reputed weather forecasting agency.

 Organizing the generation of forecast based on the weather data from one or more reputed

2.27. Scheduling & 24*7 Operation with Monitoring:-

 Collecting forecasting data from your forecasting engine or from external forecast service

 QCA to collect Solar Developer Switchyard and ABT meter data directly from respective

Solar Project site.

 Collecting Inverter /grid availability data (under maintenance/under breakdown) from solar

generator/respective O&M agency.QCA need to co-ordinate with respective agency to get

 Collecting the data from different inverters , weather sensors via SCADA and creating a

single power generation schedule/data.

 Generating the forecast schedule and submitting the forecasted power generations to SLDC

in the prescribed format of 96 time blocks.

 Submission of revision of schedules on intraday basis to SLDC based on revisions received

from forecasting service provider.

 Sending maximum numbers of revisions (as and when required) permitted for every 24 hrs

to SLDC and coordination cum implementation of revised schedule in prescribed format.

 Generation and submission of timely revised Schedules based on various variable factors

like Cloud Cover, Schedule Maintenance, Break down Maintenance, weather data etc..

 Submission of revised schedule to SLDC as per the required timelines referring to GERC

Notification No.1 of 2019 dated.19.01.2019 and revisions from time to time and sharing the

copy of schedules/revised schedules sent to SLDC with generator on real time basis.

 Comparison of Schedule data accepted by SLDC with actual generation for each 15 minute

time block and checking the over/under generation thus calculating the generation

above/below prescribed limits and finally calculating the deviation charges.(for each

particular 15 minute time block).

 Collection of metered data of actual power generation from solar power plant through Data

Acquisition System(DAS) on Permission/approval from SLDC.

 Providing detailed analysis on monthly basis immediately after end of the month towards

the results highlighting deviation due to various factors like forecasting accuracy,

communication issues, non availability of timely O&M feedback etc., variances, deviation

charges and all other energy accounting related issues etc.

 Coordination with SLDC/DISCOM/O&M contractor/any other agencies for the scope of

work specified above.

 Providing the services on best efforts basis.

 Providing central operations and monitoring facility to operate 24x7 towards the monitoring

of real time observations from site to achieve better accuracy in the forecast.

 Providing user access for web based solar scheduling tool to view /monitor and download

data of the actual generation ,forecasted/schedule power submitted to SLDC,The provision

in web based solar application module for user should be as per the standard format of

service provider.if required the data may be directly pushed to SSNNL Server through API

Link or FTP or any such protocol.

 QCA shall maintain the necessary back-ups of forecasted data at own premises and provide

to SSNNL as and when needed.

 QCA shall immediate communicate with SSNNL about non availability of data due to

instrumentation or malfunction.

 QCA shall be flexible to implement GERC regulation changes as and when implemented

during the time period of this work order.

 QCA shall coordinate with our O&M Service Provider M/s. MEIL (10 MW Solar Top –

Sama) and M/s. Ujjas Energy Limited(25 MW Solar Plant)regarding onsite maintenance

2.28. Hardware, Software and Manpower:-

 QCA have to maintain the hardware and software standards and software security

standards(as per the current detailed guidelines issued by SLDC, and any revisions

thereafter) to manage incoming data from generators /developers, inflow /outflow of data

to weather forecaster to maintain forecasting and scheduling.

 In case of directly taking data from ABT meters at Developer end switchyard by

QCA, required interface hardware shall be in the scope of QCA.

 QCA shall adequate and qualified manpower for carrying out the forecasting and

scheduling activities conforming to the extant standards for QCA prescribed by GERC &

 QCA shall be registered with SLDC as a QCA at all times during the course of this

contract and comply with all the technical and Financial requirements prescribed by the

regulation/notifications

2.29. Deviation Charges Accounting &de-pooling of Charges:-

 Calculation of deviation as per terminology, Error = 100 X (Actual generation -

Scheduled Generation)/ AvC where AvC is Available capacity or as specified by the

current regulation.

 Calculation of deviations and charges (+/-) 7% of available capacity or as highlighted

under GERC Regulation in force.

 Settlement of deviation beyond 7% as defined in the GERC regulation in

accordance with the energy account issued by UI /DSM pool account.

 Timely Settlement of DSM payments on behalf of generator (SSNNL) to SLDC.

 Ensuring that deviation charges are settled with SLDC on weekly basis or as per guidelines

issued by SLDC.

 Ensuring BG/LC of adequate amount to SLDC required by the regulation

2.30. Deviation Settlement Mechanism :-

 Management of DSM charges account, depositing DSM charges to SLDC.

 QCA shall undertake deviation settlement mechanism with SLDC on Behalf of SSNNL.

 QCA shall calculate and do the liasioning for commercial settlement of all the charges

applicable to SSNNL including Payment to regional/State UI/DSM Pool accounts through

the concerned SLDC on behalf of SSNNL.

 QCA shall undertake commercial settlement of any other charges on behalf of SSNNL as

may be mandate from time to time.

 Liaise with SLDC on behalf of SSNNL to settle any disputes or complaints related to

Deviation, Scheduling or Forecasting.

2.31. Forecasting Capabilities & Integration:

 QCA must be procuring weather data either from reputed international service provider or

from national I international agencies for solar power forecasting and scheduling

 Software being used by QCA must have the capability to integrate Historical

and real time solar generation data for the solar power plant.

 A dedicated forecast of large rapid changes in solar generation for managing

power system security.

 A tailored forecast to minimize solar power plant revenues loss /reduce under solar

Forecasting obligation.

 At present, two ABT Meters have been installed at Plant end for all Solar Plants. Any one

ABT meter data shall be collected by QCA through GSM Modem or as QCA are acquiring

data in other plants or through Server of O&M agency. Required hardware for the same

shall be in the scope of QCA .

2.32. Software capabilities:

 User friendly online web based application for solar power forecasting & Scheduling.

 High end server to collect the data.

 Integration of location and site related details of the solar site. Integration of SCADA data

on real time basis from Developer/Generator in the software.

 Integration of the forecast from the Forecasting Service Provider/ own forecast and

conversion of the same to schedules as applicable in the 96 time-block frame with

minutes interval abiding specific state regulations as prescribe.

 Automatic submission of schedules to the concerned SLDC or to the Generator as

 Flexibility and adaptability in case of any issues arising related to generation of

schedules automatically via software.

 Ability to have manual intervention if required during submission of schedules.

 To provide analysis/summary report for yearly, monthly/weekly, based on

forecasted/scheduled vs. actual solar generation data. The provision in module should be in

such way that any kind and any format of data summary can access. Data may be pushed to

our Server in Excel format through API Link or FTP.

 Software shall have ability to generate and submit timely revisions at predefined

intervals as per regulations.

 Capability to store Historical Data for minimum three months.

 In case of non-renewal of contract, QCA should handover SSNNL the historical data

for further use at SSNNL end.

2.33. Schedule Management:

 Compilation of Schedules with all revisions within a designed time frame.

 Co-Ordination with SLDC Control Room for any Scheduled /Real time update on grid

 Analysis of Actual vs. Schedule Data and Subsequent Effects.

 To provide online monitoring to visualize to deviation on real time daily basis.

 To provide online monitoring through web based software application. The IP rights for the

said application shall remain with the service provider.

2.34. Force Majeure

 Force Majeure is herein defined as any cause beyond the control of the contractor or the

Nigam as the case may be which they could not fore see or with a reasonable amount of

diligence could not have fore seen and which substantially affect the performance of the

contract such as. Natural Phenomena such as flood, draughts, cyclone, earthquake and

epidemics ,declaration of war. your all services as per the work order issued on you.

Any Disputes shall be settled by arbitration in Jurisdiction of Vadodara Only.

Note: The Bidder is bound to carry out work as per the GERC Regulation 2019 and its amendments

of thereof for the entire period of Work Order.

3. General Terms Condition

3.1. The bidder shall visit at site before quoting the rates on own cost.

3.2. The work shall be kept open for inspection for representative of Engineer-in-Charge or

Consultant deployed by SSNNL or Third Party of SSNNL. The contractor shall have to abide

their opinion / advice regarding the quality of work and other related parameters.

3.3. Contractor has to submit experienced certificate of diving supervisor and diving certificate &

medical fitness certificate of all divers before execution of work. As the work include deep

3.4. Work must be stopped during heavy rainfall or heavy water inflow or dam overflowing

3.5. Before Start work, Ensure Water level of Sardar Sarovar reservoir daily.

3.6. After completion of work, the quality will be checked by SSNNL based on the

underwater/surface videography and inserting the main Stoplog Gate in the groove to set the

proper Stoplog gate placement. In case, if the work not found satisfactory then contractor

shall have to perform the re-work and submit the videography. In such case, No extra

payment towards re-work shall be paid by SSNNL. The rate shall be quoted accordingly.

3.7. After completion of work, agency shall have to clean all surrounding area and surfaces.

3.8. If agency damages any existing structure during handling of parts, then the agency have to

fix it at own cost and if he fails to repair then recovery of amount decided by EIC shall be

made from running bill/Final Bill.

3.9. The Contractor shall have to quote the rate by inclusive of Accommodations at Ektanagar&

transportation to Dam site/SSNNL Stock Yards. SSNNL will not pay for any amount for

transportation and Accommodation to Contractor.

3.10. Detailed colour photographs with latitude, longitude, date and time at each stage shall be

submitted to the EIC on mail as well as in hard copies.

3.11. The work shall be carried out in accordance with plan approved by Engineer-in-charge, in

accordance with the drawings and specifications which from part of the contract and in

accordance with such further drawings, details and instructions as may, from time to time, be

given by Engineer-in-Charge.

3.12. It shall be responsibility of the contractor to promptly bring to the notice of the Engineer-in-

Charge any error or discrepancy in the contract document and obtain his order thereon. Only

stated dimensions are to be taken and those obtain from scaling the drawings. In case of any

discrepancy between the description of an item in the Schedule B and the specifications, the

latter shall prevail. In case any feature of the work is not fully described and set forth or read

drawings and specifications, the contractor shall forthwith apply to the Engineer-in -Charge

for further instruction, drawings or specifications.

3.13. The Contractor shall have to take all necessary safety precaution while executing the job

work and Diving work. SSNNL Will neither be responsible for any fatal accident which may

results in loss of life or machinery nor will any reimbursement towards losses be paid to

Contractor. The Contractor shall be sole responsible for all safety precaution while

executions of Diving work.

3.14. The Contractor shall have to arrange all logistic Support for under water diving work like

Winch, Wire rope, Compressor (High pressure, Low pressure) for Under water cutting/

Under water grinding, De-compression chamber, Hydra crane, under water Welding

Machineequipment, welding electrode, underwater Cutting Set or any other assisting tools &

tackles, Vehicle for Transportation, other miscellaneous Supports etc. SSNNL will not

provide aforesaid logistic Support during diving activity. The rate quoted by Contractor shall

be inclusive of all logistic Support required during Diving activities.

3.15. Agency has to produce the occupancy certificate for all necessary diving equipment’s at the

time of contract and its colour copy must be submitted in the office before getting work

3.16. The Contractor shall have to deploy trained divers during underwater diver job and training

certificate for all divers shall be submit to the Engineer in Charges if required.

3.17. In this work, high risk involve. The contractor must be appoint highly experienced diving

supervisor. The Contractor shall have to arrange necessary insurance for Divers. SSNNL will

not be responsible for providing any kind of insurance for divers or diving equipments.

3.18. The Contractor shall have to make suitable arrangement to approach the place or Point at

which diving will have to carry out under respective items of Tender by using suitable

arrangement like electrical winch etc., SSNNL will not provide any arrangement to approach

the diver in the groove. The rate quoted shall be inclusive of all supports like electrical winch

or other mechanical means. No separate payment towards electrical will be paid to

Contractor by SSNNL.

3.19. During under water diving works, if Honeycombs (gust of bee) may obstruct the diving

activities, then Contractor has to make his own arrangement to remove the bee nest for diver

activities. SSNNL will not be responsible for removal of honey comb (Nest of bee). Also

SSNNL will not pay extra amount for the removal of bee nest. The rate quoted shall be

inclusive of aforesaid factors. However If the nest of bee will be required to remove, then all

safety precaution will have to be taken by contractor in order to avoid accident .SSNNL will

not be responsible for any accident occurred during the said above activities.

3.20. Contractor shall have to note that the work Covered under this Contract is framed to precise

3.21. During the videography inspection, if there is any damages found then contractor has to mark

it and inform to EIC.

3.22. The Contractor shall have to deploy 1 electrician/1 wireman to make all necessary

electrification for compressor, Electric Winch, videography unit, microphone technical

assistant etc. SSNNL will not provide any electrician/wireman for necessary electrical

connection. The Rate quoted of each item under schedule B must be inclusive of Charges of

Electrician/Wireman.

3.23. Due to Non availability of site clearance from SSNNL, The Contractor shall have to remain

stand by until the site clearance will not be issue to Contractor. In Such case, No separate

payment for stand by charges will be paid to Contractor by SSNNL. The Contractor shall

have to quote the rate by considering Stand-By Charges. No standby charges other than Rate

quoted in the tender item will be paid to contractor by SSNNL.

3.24. On the requirement of Engineer In charges, during Diving activity, the contractor shall have

to use High resolution colour camera with Microphone based audio system Mounted Diver

helmet during Diving work to visualized under water inspection & cleaning activity on the

monitor screen. The Monitor screen must be able to display high resolution and audio system

of must play clear audio sound on the dam body to hear the Voice of Diver. The rate quoted

under the item must be inclusive of cost of aforesaid equipments (Monitor screen, camera,

audio system and its Hardware etc.). Extra charges towards aforesaid deployment will not be

paid to contractor by SSNNL.

3.25. The Contractor shall have to arrange necessary Safety protection against Crocodile while

perform diving. SSNNL will not provide any logistic support or safety protection to protect

against Crocodile. The rate quoted for item shall be inclusive of expenditure occurred for all

safety protection taken against crocodile.

3.26. Prior to Quote the rate Under the Contract, Contractor shall have to visit the site and obtain

the Data of Sill level of river sluice, Full reservoir level of main dam, Maximum water level

of Main dam in order to quote the rate. The contractor shall have to quote the rate by net

water depth from sill level and water level of Dam. No Extra payment due to increase in

water level of Dam will be paid to Contractor by SSNNL.

3.27. Contractor has to raise the RA bill with the photographs of completed work with the details

like longitude, latitude, date and time in color copy in 03 set compulsory. Along with the R.A

Bill, the contractor should submit Material Account wherever applicable, number of labours

deployed during the work and total amount of wages and salaries paid to labours, Test

deployed during the work and total amount of wages and salaries paid to labours, Test

certificates, calibration certificates for the machineries and auxiliaries.