Supply, Laying, Erection, Testing and Commissioning of 66kV,1CX630 sqmm XLPE Cable with Poly.Al./Aluminum construction on EPC basis Various lines under Navsari Circle.

Seal & Signature of Bidder

CLAUSE TITLE PAGE

TENDER SPECIFICATION NUMBER

NOTICE INVITED TENDER

[I] GENERAL CONDITION OF CONTRACT (GCC)

1 GENERAL PARTICULARS

2 SCOPE OF THE PROPOSAL AND WORK

3 BIDDING COSTS

4 DETAILS OF DOCUMENTS

5 KNOWING THE BID DOCUMENTS

6 CLARIFICATIONS ON BID DOCUMENTS

7 AMENDMENT OF BIDDING DOCUMENT

8 LANGUAGE OF BID

9 LOCAL CONDITIONS

10 DOCUMENTS COMPRISING THE BID

12 BID SECURITY/EMD

13 FORMAT OF BID

14 SIGNATURE OF BIDS

15 SEALING AND MARKING OF BIDS

16 DEADLINE FOR SUBMISSION OF BIDS

18 MODIFICATION AND WITHDRAWAL OF BIDS

19 INFORMATION REQUIRED WITH THE PROPOSAL

20 OPENING OF BIDS BY OWNER

21 PURPOSE OF EVALUATION OF BIDS

22 POLICY FOR BIDS UNDER CONSIDERATION

23 PRELIMINARY EXAMINATION

24 AWARD CRITERIA

25 OWNER’S RIGHT TO ACCEPT ANY BID AND TO

REJECT ANY OR ALL BIDS

26 NOTIFICATION OF AWARD

27 SIGNING OF CONTRACT

28 DEFINITION OF TERMS

31 LANGUAGE AND MEASURES

33 TAXES AND DUTIES

34 TAXES, PERMITS & LICENCES

35 PRICE INCLUSIONS (INCLUDING TAXES & DUTIES)

36 CONTRACT PERFORMANCE GUARANTEE

38 PERFORMANCE GUARANTEE

39 TIME SCHEDULE

Seal & Signature of Bidder

40 TIME – THE ESSENCE OF CONTRACT

41 PENALTY FOR DELAY

42 DELAYS BY OWNER OR HIS AUTHORISED AGENTS

43 PRESENTATION OF BILLS

45 PAYMENT SCHEDULE

46 DEDUCTIONS FROM CONTRACT PRICE

47 TERMS OF PAYMENT

48 TAKING DELIVERY AND INSURANCE

50 CONTRACT QUALITY ASSURANCE

51 ERECTION TOOLS AND TACKLES

53 CONTRACT DOCUMENTS

54 USE OF CONTRACT DOCUMENTS AND

55 CONSTRUCTION OF THE CONTRACT

56 JURISDICTION OF CONTRACT

57 EXECUTION OF CONTRACT

58 ENFORCEMENT OF TERMS

59 COMPLETION OF CONTRACT

60 REPLACEMENT OF DEFECTIVE PARTS AND

61 PATENT RIGHTS AND ROYALTIES

62 DEFENCE OF SUITS

63 LIMITATION OF LIABILITIES

64 ENGINEER’S DECISION

65 POWER TO VARY OR OMIT WORK

66 ASSIGNMENT AND SUB-LE TTING OF CONTRACT

67 CHANGE OF QUANTITY

68 PACKING, FORWARDING AND SHIPMENT

69 COOPERATION WITH OTHER CONTRACTORS AND

CONSULTING ENGINEERS

70 NO WAIVER OF RIGHTS

71 CERTIFICATE NOT TO AFFECT RIGHT OF OWNER

AND LIABILITY OF THE CONTRACTOR

72 PROGRESS REPORTS

74 RISK DISTRIBUTION-TRANSFER OF TITLE

75 LIABILITY FOR ACCIDENTS AND DAMAGES

76 DEMURRAGE, WHARFAGE, ETC

77 FORCE MAJEURE

78 SUSPENSION OF WORK

Seal & Signature of Bidder

79 CONTRACTOR`S DE FAULT

80 TERMINATION OF CONTRACT ON OWNER`S

81 FRUSTRATION OF CONTRACT

82 GRAFTS AND COMMISSIONS ETC.

83 SETTLEMENT OF DISPUTES

85 RECONCILIATION OF ACCOUNTS

87 TERMINATION OF CONTRACT

88 TO CANCEL THE CONTRACT

89 MATCHING END COST

90 VENDOR REGISTRATION

92 Deduction of TDS under GST

93 GOI guideline of restrictions under rule 144(xi) of the

94 INCOME TAX (TDS)

GENERAL INFORMATION (TECHNICAL)

1 GENERAL INFORMATION (TECHNICAL)

3 APPROVED MAKES OF EQUIPMENTS /ITEMS OF

4 INSPECTION AND TESTING OF EQUIPMENT

5 OTHER CONDITIONS

Seal & Signature of Bidder

CLAUSE NO. TITLE Page

[II] ERECTION CONDITIONS OF CONTRACT (ECC)

2 REGULATION OF LOCAL AUTHORITIES AND STATUTES

3 OWNER’S LIEN ON EQUIPMENT

4 ACCESS TO SITE AND WORKS ON SITE

5 CONTRACTOR’S SITE ESTABLISHMENT

6 CO-OPERATION WITH OTHER CONTRACTORS

7 DISCIPLINE OF WORKMEN

8 CONTRACTOR’S FIELD OPERATION

9 PROGRESS REPORT

10 MAN-POWER REPORT

11 PROTECTION OF WORK

12 EMPLOYMENT OF LABOUR

13 FACILITIES TO BE PROVIDED BY THE OWNER

14 FACILITIES TO BE PROVIDED BY THE CONTRACTOR

15 LINES AND GRADES

16 FIRE PROTECTION

18 PRE-COMMISSIONING TRIALS AND INITIAL

19 MATERIALS HANDLING AND STORAGE

20 CONSTRUCTION MANAGEMENT

21 FIELD OFFICE RECORDS

22 CONTRACTOR’S MATERIALS BROUGHT TO SITE

23 PROTECTION OF PROPERTY AND CONTRACTOR’S

25 UNFAVOURABLE WORKING CONDITIONS

26 PROTECTION OF MONUMENTS AND REFERENCE

27 WORK & SAFETY REGULATIONS

28 CODE REQUIREMENTS

Seal & Signature of Bidder

CLAUSE TITLE PAGE

[III] SPECIAL CONDITIONS OF CONTRACT (SCC)

1 GENERAL PARTICULARS

3 EARNEST MONEY DEPOSIT (EMD)

4 DECLARATION BY BIDDER

5 QUALIFYING REQUIREMENT

6 ADDITIONAL DOCUMENTS

7 COMPLETION PERIOD

8 SD-CUM-PERFORMANCE GUARANTEE DEPOSIT

9 INSTRUCTIONS BEFORE BID SUBMISSION

9A Interse reverse bidding

10 ADDENDUM TO THE TECHNICAL SPECIFICATIONS.

12 PROGRESS REPORT

14 Welfare cess

15 Clarification

17 Right of owners

18 Bonus clause

Various forms, formats, schedules, Annexures etc.

3 CONTRACT AGREEMENT

4 BANK GUARANTEE FOR EMD

5 PERFORMANCE BANK GUARANTEE

6 PG for warrantee

7 INDEMINITY BOND

8 A/T ACCEPTANCE LETTER

9 Certificate for Technical compliance

10 Safety cum Indemnity bond

11 Annexure-A Safety A habit

12 Safety related check list

13 Confirmation of detail of bidder

14 Completion period

15 Financial capability

16 Latest Income tax certificate

17 Memorandum / Articles of association

18 Attested copy of resolution of partners

19 Details of HR

20 Details of documents

24 JOINT VENTURE AGREEMENT

25 PROFORMA OF POWER OF ATTORNEY BY THE JOINT VENTURE

26 Annexure-I(A)- Manufacture’s authorization

27 Integrity pact

28 BG’s formats

29 TCS Certificate format

30 Certificate-A

Seal & Signature of Bidder

NOTICE INVITED TENDER

GUJARAT ENERGY TRANSMISSION CORPORATION LIMITED

VIDYUT BHAVAN, RACE COURSE, VADODARA - 390

The Additional Chief Engineer (Procurement & Contracts) GETCO for and on behalf of

Gujarat Energy Transmission Corporation Ltd., having its Corporate Office at Sardar Patel

Vidyut Bhavan, Race Course, Vadodara – 390 007, hereafter called as “GETCO”, intends to

invite Tender for Supply, Laying, Erection, Testing and Commissioning of

66kV,1CX630 sqmm XLPE Cable with Poly.Al./Aluminum construction on EPC

basis Various lines under Navsari Circle as per tender specifications.

S DESCRIPTION Particulars

1 Tender No. ACE(P&C)/Contract/E-512/UG/66kV/S,L&E

2 Name of UG Cable Line Supply, Laying, Erection, Testing and Commissioning of

66kV,1CX630 sqmm XLPE Cable with Poly.Al./Aluminum

construction on EPC basis Various lines under Navsari

3 Estimated Cost including GST

(1. Payment of EMD should be accepted by RTGS / NEFT

/ online or Demand draft or Banker’s cheque or Pay

order or Bank Guarantee)

(2. For BG Validity will be 06 (Six) Months from the date

of submission of tender.)

(3. Submission of EMD

 Online only – if submitted by online/NEFT/RTGS.

 Offline/Physical & Original copy – if submitted by DD /

Banker’s cheque / Pay order or Bank Guarantee, to be

submitted in original / physical copy in EMD cover as a

mandatory requirement by RPAD / speed post only and

scanned copy of the same to be submitted online. )

5 Tender Fee (Non-refundable) in Rs.

Rs. Non-Refundable (Incl. GST-18%, Rs. 1,800)

1. Note: Payment of Tender fee accepted by RTGS / NEFT /

2. Submission of tender is online only.

6 Time Limit 12 (Twelve) Months from the date of Commencement.

7 On line (E-tendering) tender / offer

submission last date up to

hours only (This is mandatory)

8 Physical submission of EMD

(Offline/Physical & Original copy

– if submitted by DD / Banker’s

cheque / Pay order or Bank

Guarantee, to be submitted in 29-09-2026

original / physical copy in EMD

cover as a mandatory

requirement by RPAD / speed

post only and scanned copy of

the same to be submitted

Seal & Signature of Bidder

S DESCRIPTION Particulars

online), last date up to 15.00 hours.

By RPAD or SPEED POST only..

9 Date of opening of Tender fee,

EMD cover, and QR bid on line

opening at 16.00 Hours.

10 Shall be intimated separately.

Date of opening of Price Bids:

Firm price basis except for (i) Supply of 66kV, 1CX630

sq.mm XLPE Power Cable with Poly.Al. /Aluminum

11 Prices construction and (ii) Supply of Tower Materials (Including

Bolts-Nuts) for which Price variation will be applicable.

12 Type of Tender Item Rate Basis

13 Validity of Offer 180 Days from the opening of Technical Bid.

Add. Chief Engineer (Procurement & Contracts)

Seal & Signature of Bidder

GENERAL TERMS AND CONDITION OF CONTRACT

1.0 General Particulars

The Gujarat Energy Transmission Corporation Ltd., Baroda hereinafter called

‘GETCO’/ ‘OWNER’ intends to receive bids for establishing 66KV Underground cable

line including Supply, Laying/Installation, testing and commissioning of 66KV U/G

cable system with all termination and accessories on turnkey basis for Supply, Laying,

Erection, Testing and Commissioning of 66kV,1CX630 sqmm XLPE Cable with

Poly.Al./Aluminum construction on EPC basis Various lines under Navsari Circle

detailed in the accompanying specifications in accordance with Terms and Conditions

herein. The bids shall be prepared and furnished as per these Instructions.

2.0 Scope of the proposal and Work

2.1 The Scope of the proposal shall be on the basis of a single Bidder’s

responsibility, completely covering all the equipments and installation services

specified under the accompanying Technical Specifications. It will include

among others as specified therein the following: -

a) Detailed Engineering and detailed calculation.

b) Complete manufacturing including shop testing.

c) Providing engineering drawings, data, operation manual, etc for the Owner’s

d) Packing and transportation from the manufacturer’s works to the Site.

e) Receipt, storage, preservation and conservation of equipment & at the Site.

f) Pre-assembly, if any, insurance, erection, testing and commissioning of all

the equipments/accessories etc.

g) Reliability tests and performance guarantee tests on completion of

2.2 No deviation whatsoever to certain conditions of the bidding documents

permitted by the Owner and therefore, the Bidders are advised that while

making Bid Proposals and quoting prices these conditions may appropriately

be taken into consideration. Bidders are required to furnish a certificate in this

regard as per the format provided in Special Conditions of Contract in a

separate sealed envelope containing Bid security, which shall accompany the

Technical Bid. Any Bid not accompanied by such certificate shall be

rejected by the Owner and shall not be opened.

2.3 Bids not covering the above cited entire scope of works may be treated as

incomplete and hence rejected.

2.4 The Bidder shall complete all the schedules & annexure in the Bid Proposal

Sheets, Technical Data Sheets and specified elsewhere. The Qualifying Data

should be filled in the required schedule of Bid Proposal Sheets.

2.5 This specification covers the detailing, engineering, manufacturing, testing at

works, packing, supply, storage, insurance and handling at site,

laying/installation, testing, commissioning and handing over in ready to switch

on condition to GETCO of complete equipments / accessories of 66kV U/G

cable line as stated below for Supply, Laying, Erection, Testing and

Seal & Signature of Bidder

Commissioning of 66kV,1CX630 sqmm XLPE Cable with Poly.Al./Aluminum

construction on EPC basis Various lines under Navsari Circle.

2.6 The work includes Supply, Laying/Installation, Testing and commissioning of

66KV underground incl. all the accessories and joints/termination, etc. as

stated hereunder & detailed in the BOQ, Schedules so as to complete the project

as per approved bill of quantities and layout drawings.

( I ) Scope of work : ( Electrical)

Survey, Design, engineering, manufacturing, testing, supply to destination site basis,

including transportation & insurance, storage, laying/installation, testing &

commissioning of the 66KV Underground cable line for Supply, Laying, Erection,

Testing and Commissioning of 66kV,1CX630 sqmm XLPE Cable with

Poly.Al./Aluminum construction on EPC basis Various lines under Navsari Circle

incl. all the accessories, joints/termination, etc. complete in all respects on turnkey

basis for the followings;

PROJECT PARTICULARS

Name of the Project:

Supply, Laying, Erection, Testing and Commissioning of 66kV,1CX630 sqmm

XLPE Cable with Poly.Al./Aluminum construction on EPC basis Various lines

under Navsari Circle.

1. System Voltage and : 66kV

System of Earthing Pipe type & Counter Pose

2. Rated frequency : 50 Hz ± 5%

3. Voltage variation : 66kV +5% -15%

4. Seismic Zone : Zone -III

List of 66kV UG cable Lines for Bharuch Circle:

1 66kV D/C Variyav- Prop. Variyav II UG Cable line 2*(3+1)

2 66kV Segachhama-Pala LILO at Prop. Jahangirpura,2X(3+1)

3 66kV 1st phase - Prop. Vapi 5th Phase,2X(3+1)

4 66kV Bhestan - Prop. Govalak II, 2X(3+1)

5 66kV Utran-Gothan LILO Prop. 66kV Mota Varachcha-II, 2X(3+1)

6 66kV Segvachhama - Prop. Gauravpath, 2X(3+1)

7 66kV Niyol Prop. Parvat II LILO Prop. 66kV Limbayat, 2X(3+1)

Seal & Signature of Bidder

8 66kV prop. Vanakla to prop.Bhesan, 2X(3+1)

1. Above Tentative list of 66kv UGC lines provided but list may be reviewed and

revised as per the GETCO’s requirement.

2. W.r.t .above tentative BOQ is shared and final BOQ will be fixed after

placement of order and survey by EPC agency)

3. Bidders have to start all line work simultaneously with different gang/ project

4. DOC will be given after verifying all the statutory approval status.

3.0 Bidding Costs

All costs/expenses in the preparation and submission of the Bid (including any

post Bid discussions/presentations) shall be fully borne by the Bidder. Owner

will not be responsible/ liable for these costs irrespective of the course and

conclusion of this Bidding.

4.0 BID DOCUMENTS

Details of Documents

The following Bid documents apart from Invitation to Bid detail the material and

equipment specifications/characteristics, the bidding procedures and the terms

& conditions of contract:

a. General Conditions of Contract (GCC-Part I)

b. Erection Conditions of Contract (ECC-Part I)

c. Special Conditions of Contract (SCC-Part I)

d. Technical Specifications (TSP-Part II – Electrical)

5.0 Knowing the Bid Documents

Every intending Bidder is to examine and understand all instructions, forms,

terms, conditions and specifications in the Bid Documents and fully know

himself all the conditions and contents therein, which may in any manner, affect

the scope & content of work and the costs thereof. Submission of a Bid not

substantially responsive to the Bid Document in all respects and/or failure to

furnish all information required by the Bid Document may entail rejection of the

Bid at the Bidder’s risk.

6.0 Clarifications on Bid Documents

6.1 In case an intending Bidder finds any discrepancy or omission in the documents

and specifications or is in doubt as to the true meaning of any part, he shall

make a request, in writing not later than one week before the date of submission

of bid, to the owner in triplicate. The owner will issue explanations,

interpretations and clarifications as deemed fit in writing as a response to this

request. On receipt of such interpretations/clarifications, the Bidder may submit

his Bid within the date and time stipulated in the Bid invitation, All such

explanations, interpretations and clarifications from the Owner shall be deemed

as part of Bid Documents and shall invariably accompany the Bidder’s proposal.

6.2 Any verbal/telephonic clarifications and information given by the Owner or his

employee (s) or his representative(s) will not in any way be binding on the

Seal & Signature of Bidder

7.0 Amendment of bidding document:

7.1 At any time prior to the deadline for submission of Bids the Owner may, for any

reason, whether at his own initiative or in response to a clarification requested

by the intending Bidder, modify the Bidding Document with amendment(s).

7.2 The amendment will be notified in writing or Fax /web site to all intending

Bidders who have received the Bidding Document at the address contained in

the letter of request for issue of Bidding document from the Bidders. Owner will

bear no responsibility or liability arising out of non-receipt of the same in time

7.3 In order to afford prospective bidders reasonable time in which to take the

amendment into account in preparing their bids, the Owner may, at his

discretion, extend the deadline for the submission of bids.

7.4 Such amendments, clarifications etc. shall be binding on bidders and will be

given due consideration by the Bidders while they submit their bids and shall

invariably enclose such documents as a part of the bid.

8.0 PREPARATION OF BIDS

Language of Bid:

8.1 The Bid prepared by the Bidder and all correspondence and documents relating

to the Bid, exchanged by the Bidder and the Owner, shall be written in the

English language, provided that any printed literature furnished by the Bidder

may be written in another language so long as accompanied by an English

translation of its pertinent passages. Failure to comply with this may disqualify

a bid. For purposes of interpretation of the bid, the English translation shall

Bidders have to make the Bid in the formats furnished with this Document.

verbatim without adding any printed/typewritten text of their own.

9.0 Local Conditions:

9.1 It will be imperative on each Bidder to fully inform himself of all local conditions

and factors which may have any effect on the execution of the Contract covered

under these documents and specifications. The Owner shall not entertain any

request for clarifications from the bidders, regarding such local conditions.

9.2 It must be understood and agreed that such factors have properly been

investigated and considered while submitting the proposals. No claim for

financial adjustment to the Contract awarded under these specifications and

documents will be entertained by the owner. Neither any change in the time

schedule of the Contract nor any financial adjustments arising thereof shall be

permitted by the Owner, which are based on the lack of such clear information

or its effect on the cost of the works to the Bidder.

10.0 Documents comprising the Bid:

Seal & Signature of Bidder

Data Requirements etc. furnished in the Bidding Documents, indicating, for the

goods to be supplied and services to be rendered, a brief description of goods

and services, quantity and price.

10.2 The Bidder shall also submit documentary evidence to establish that the Bidder

meets the Qualification Requirements as detailed in Special Conditions of

Contract and GCC.

10.3 All Tender Documents/ formats are to be returned completed in all respects

and signed by the Company Authorized Signatory wherever specified.

All Bid documents duly signed & sealed shall be submitted with technical

10.4 The Bid Guarantee shall be furnished in a separate cover in accordance with

11.0 Bid Price:

sheets, the unit end cost prices inclusive of GST of the goods, the price for erection,

testing and commissioning, structural works and other services it proposes to furnish

under the contract, along with the total bid price. The details of GST shall be clearly

indicated for each item in the prescribed format of price bid

GST shall be applicable at the rate of 9% CGST plus 9% SGST or 18%

IGST, or as applicable to composite supplies in the nature of Works

Contract applicable from time to time will be paid within the original

contractual delivery period. However, the Classification Codes (i.e. HSN

or SAC) for each item of different segments or portions of the Works

Contract, shall be specified separately, for information and technical

identification purpose only.

11.2 Detailed break up, covering all the price components of unit prices as well as total bid

provided by the bidder. This break up shall be entered separately in the following

A) For all goods offered:

Prices quoted should be FIRM and on F.O.R. Destination basis (i.e. any of the stores

of COMPANY in Gujarat). However, the Tenderer should indicate in Price Bid, the

break-up of Total Unit F.O.R. Destination Price stating the Unit Ex-works price, freight,

packing & forwarding charges, Insurance Charges, separately in price bid, which is a

must. The rate of GST shall be 9% CGST plus 9% SGST or 18% IGST or as applicable

to composite supply in the nature of Works Contract, applicable from time to time.

ii. This tender is to be treated as a contract for composite supply under the category of

Works Contract, which is, as per the provisions of Section 2(30), read with, Section

2(119), further read with, Paragraph 6(a) of the Schedule II, to the CGST Act,

and similar provisions, applicable under UTGST Act, 2017 and the IGST Act,

However, the classification Codes (HSN/SAC) for each item under different segments

or portions of the Works Contract, shall be specified separately for the knowledge and

transparency purpose which shall have no bearing on price or taxation payment.

Seal & Signature of Bidder

iii. The offered prices to be indicated in online mode of tender in the format given. The

price bid submitted in physical mode shall not be considered.

iv. The Tenderer should invariably indicate the unit end cost price excluding GST

considering all their costs / calculations in the Price bid itself for each item and all sub-

items if any. This is a must. Cost components hidden / furnished elsewhere will not be

considered and will be ignored out rightly.

v. Every bidder shall inform their GSTIN No. of the registered place(s) wherefrom the

bidder intends to supply the goods / services, meaning thereby the bidder has to supply

the goods / services from the relevant declared / registered place of supply only.

11.3 The bidder’s separation of price components in accordance with above clause No:

will be solely for the purpose of the facilitating the comparison of Bids by the owner,

for contract price amendment due to quantity variation and for on account payments

(in case of award) and shall not in any way limit the Owner’s rights.

11.4 The Price quoted by the bidder shall remain firm during the contract period and

shall not be subject to variation on any account or for change in quantity.

11.5 The Bidder shall specifically note that the Tenders are invited on item rate base.

12.0 Bid Security/EMD:

12.1 The bidder shall furnish, as a part of its bid EMD, bid security for an amount to be paid as

(a) The estimated cost for of Tender is more than Rs. 100 lacs, the EMD is payable

 50 % of EMD by DD in favor of Gujarat Energy Transmission Corporation

Ltd. on any Scheduled Bank in Vadodara and Balance 50 % by Bank

Guarantee from any Nationalized Bank in the format provided herein.

(b) The estimated cost of tender is less than Rs.100 Lacs, the EMD is payable as

 100 % of EMD by DD in favor of Gujarat Energy Transmission Corporation

Ltd. on any Scheduled Bank in Vadodara.

(c) Payment by Cheque / Coop Bank Guarantee/ Company Guarantee is not

(d) Validity Period: - The offer should be valid for a minimum period of 180 days

from the date of opening of Technical bid.

12.2 The bid security is required to protect the owner against the risk of Bidder’s

conduct, which would warrant the guarantee forfeiture, pursuant to relevant

paras elsewhere. The bid guarantee shall be made payable to the Owner

without any condition whatsoever.

12.3 Any bid not secured in accordance with above 12.1 will be rejected by the

Owner as non-responsive. No exemptions are made in the furnishing of the

Seal & Signature of Bidder

12.4 Unsuccessful Bidder’s bid security / EMD will be returned / refunded on

finalization of tender or three months from the date of submission of tender

whichever is later.

12.5 The successful bidders, Bid Security will be discharged upon, furnishing the

contract performance guarantee.

12.6 The bid guarantee may be forfeited.

a) If a Bidder withdraws its bid during the period of bid validity specified by

the bidder on the bid Form:

b) If a bidder refuses to accept the contract or fails to commence the works

(including supplies within thirty days of letter of award of contract)

13.0 Format of Bid:

13.1 The Bidder shall prepare two copies of the bid, clearly marking each “Original

bid” and “Copy of Bid”, as appropriate. In the event of any discrepancy between

them the original shall govern. All the documents furnished in original document

shall be furnished in other copies of Bids.

13.2 The original and all copies of the bid shall be typed or written in indelible ink

and shall be signed by the Bidder or a person or persons duly authorized by the

Bidder to sign the Contract. The letter of authorization shall be indicated by

written power-of-attorney accompanying the bid. All pages of the bid, except for

un-amended printed literature, shall be initiated by the person or persons

signing the bid.

13.3 The Bidders must submit the qualifying data in one original and one duplicate

copy as required in this Instructions to Bidders in separate envelopes sealed

and enclosed in the envelope submitting proposals, super scribed as under :

QUALIFYING DATA FOR THE SUPPLY AND ERECTION OF TENDER NO:

ACE(P&C)/Contract/E-512/UG/66kV/S,L&E

The bid shall contain no interlineations, erasures or overwriting except as necessary

to correct errors made by the Bidder, in which case such corrections shall be initiated

by the person or persons signing the bid.

13.4 Bids shall be submitted as under:

Cover-I Earnest Money Deposit (Bid-Security), as per relevant clause of

SCC duly signed and Contractor’s covering letter. Tender fee

details ( as per tender notice)

Cover-II Qualifying Requirements. (Electrical & Civil) Online Only

Separate covers/ files for relevant data shall be kept in one cover.

Cover-III Technical Bid (Electrical ) Online Only

Seal & Signature of Bidder

Must contain conditions and schedules of Part- III without prices and Technical

Data Requirement Sheets (Cover I, II, III will be collectively called Technical

All Bid documents duly signed & sealed shall be submitted with technical

Note: The prices are to be filled up online only. Price bid are not to be

submitted with the physical documents.

14.0 Signature Of Bids:

14.1 The bid must contain the name, residence and place of business of the person

or persons making the bid and must be signed and sealed by the Bidder with

his usual signature. The names of all persons signing should also be typed or

printed below the signature.

14.2 Bid by a partnership must be furnished with full names of all partners and be

signed with the partnership name, followed by the signature(s) and

designation(s) or the authorized partner(s) or other authorized

representative(s).

14.3 Bids by Corporation/Company must be signed with the legal name of the

Corporation/Company by the President/Managing Director or by the Secretary

or other person or persons authorized to bid on behalf of such

Corporation/Company in the matter.

14.4 A bid by a person who affixes to his signature the word ‘President’, ‘Managing

Director’, ‘Secretary’, ‘Agent’ or other designation without disclosing his

Principal will be rejected.

14.5 If it is found that two or more persons who are connected with one another

either financially or as a principal and agent have bid under different names

without disclosing their connection then such bids will be liable for rejection.

Satisfactory evidence of authority of the person signing on behalf of the Bidder

shall be furnished with the bid.

14.6 The Bidder’s name stated on the proposal shall be the exact legal name of the

14.7 Bids not conforming to the above requirements of signing may be disqualified

and EMD forfeited.

15.0 Sealing and marking of bids:

15.1 Cover-I 1. Bid No.

2. Due date for opening

3. Reference of tender fee & earnest money deposit

Cover-II 1. Bid No.

2. Due date for opening.

Seal & Signature of Bidder

3. Qualifying Requirements (Electrical & civil).

Cover-III 1. Bid No.

2. Due date for opening

3. Technical bid (Electrical) & reference and required certificates

Cover-I, Cover-II ,Cover-III shall be individually sealed and super scribed as

indicated above and should be enclosed in the main cover duly sealed and

super scribed as Tender for …………………………………… against Bid

No…………… due on…………… containing Cover-I, Cover-II, Cover-III , of this

The original Bid and accompanying documents clearly marked “Original” plus

one copy for Cover I, II , III shall be submitted by the Bidder at the date, time

and place specified. In the event of any discrepancy between the original and

the copies, the original shall govern.

The Bid shall be submitted by RPAD or through speed post services at

the Office of the ACE (Procurement & Contracts) GETCO, Bids submitted

should be posted with due allowance for any postal delay. The Bids received

after the Due Date and Time of opening are liable to be rejected.

Telegraphic/Telex/Fax/e-mail Bids shall not be entertained.

The price bid shall not be submitted in physical form. It shall be submitted online

15.2 The Bidders shall seal the original and each copy of the bid in an inner and an

outer envelope, duly marking the envelopes as “original” and “copy”.

15.3 a. Addressed to the Owner at the following address:

The Addl. Chief Engineer (Procurement & Contracts) - GETCO

8th Floor, Sardar Patel Vidyut Bhavan, Race Course,

b. Bear the name of package bid enquiry number, name of the work and the

words. “DO NOT OPEN BEFORE……………………

15.4 The inner envelope shall indicate the name and address of the Bidder to

enable the bid to be returned unopened in case it is declared “late” or “rejected”.

15.5 If the outer envelope is not sealed and marked as required by Clause No:

the Owner will assume no responsibility for the bid’s misplacement or premature

15.6 The Bid Security conditions must be submitted in a separate sealed envelope.

16.0 Deadline for submission of bids :

16.1 Bids submitted by telex/telegram will not be accepted. No request from any

Bidder to the Owner to collect the proposals from airlines, cargo agent etc. shall

be entertained by the Owner.

Seal & Signature of Bidder

16.2 Bids must be received by the Owner at the address specified under Clause No:

15.3, not later than the time & date mentioned in the Invitation to Bid.

16.3 The Owner may, at its discretion, extend this deadline for the submission of

bids by amending the Bidding Document in which case all rights and obligations

on the Owner and Bidders previously subject to the deadline will thereafter be

subject to the deadline as extended.

17.1 Any bid received by the Owner after the time and date fixed or extended for

submission of bids prescribed by the Owner, will be rejected and not

considered for evaluation.

18.0 Modification and withdrawal of bids:

18.1 The Bidder may modify or withdraw its bid after the bid’s submission provided

that written notice of the modification or withdrawal is received by the Owner

prior to the deadline prescribed for submission of bids.

18.2 The Bidder’s modification or withdrawal notice shall be prepared, sealed,

marked and dispatched in accordance with the provisions of clause No: 15.0.

The envelope should clearly indicate whether the modification is for the

Technical bid or the Price bid. No bid modifications notice by Telex/Grams/Fax

shall be entertained by the Owner.

18.3 No bid shall be modified in any manner, whatsoever subsequent to the deadline

for submission of bids.

18.4 No bid may be withdrawn in the interval between the deadline for submission

of bids and the expiration of the period of bid validity specified by the Bidder on

the Bid Form. Withdrawal/modification of a bid during this interval may result in

the Bidder’s forfeiture of its bid security.

19.0 Information required with the proposal:

19.1 The bids must clearly indicate the name of the manufacturer, the type and/or

model of each principal item of equipment proposed to be furnished and

erected. The bid should also contain drawings and descriptive materials

indicating general dimensions, materials from which the parts are

manufactured, principles of operation, the extent of pre-assembly involved,

major construction equipment proposed to be deployed, method of erection and

the proposed erection organizational structure.

19.2 The above information shall be provided by the Bidder in the form of separate

sheets, drawings, enclosed etc. in one copies along with soft copy.

19.3 Any bid not containing sufficient descriptive material to describe accurately the

equipment proposed may be treated as incomplete and hence rejected. Such

descriptive materials and drawings submitted by the Bidder will be retained by

the Owner. Any major departure from these drawings and descriptive material

submitted will not be permitted during the execution of the Contract without

specific written permission of the Owner.

Seal & Signature of Bidder

19.4 Oral statements made by the Bidder at any time regarding quality, quantity or

arrangement of the equipment or any other matter will not be considered.

19.5 Standard catalogue pages and other documents of the Bidder may be used in

the bid to provide additional information and data as deemed necessary by the

19.6 The Bidder, along with his Proposal, shall submit a list of recommended

erection equipment and materials which will be required for the purpose of

erection of equipment and materials supplied under the Contract.

19.7 In case the ‘Proposal’ information contradicts specification requirements, the

specification requirements will govern, unless otherwise brought out clearly in

the technical commercial deviation schedule.

BID OPENING AND EVALUATION

20.0 Opening of bids by owner:

20.1 The Owner will open the bids in the presence of Bidder’s representatives who

choose to attend on the date and time mentioned for opening of bids in the

Invitation to Bid or in case any extension has been given thereto, on the

extended bid opening date and time notified to all the Bidders who have

purchased the bidding document. The Bidder’s representatives who are present

shall sign a register evidencing their attendance.

20.2 The Bidder’s names, Technical modifications, Bid withdrawal and such other

details as the Owner, at his discretion may consider appropriate, will be

announced in the Technical Bid Opening.

20.3 The price bids of all the “Techno-Commercial” Responsive Bidders shall be

opened in the presence of representatives (up to two per firm) of such bidders

who choose to be present. The date & time of opening the Price Bid shall be

intimated to all such qualified bidders by Fax/Telex, at least one week in

advance besides inviting final price bid if found appropriate after evaluation of

Technical bids.

20.4 The Bidder’s name, Bid Price, all discounts if any, modifications in the Price Bid

and any such other details as the Owner, at his discretion, may consider

appropriate, will be announced/ furnished in the Price Bid Opening.

20.5 No electronic recording/transmitting devices will be permitted during Bid

21.0 Purpose of evaluation of bids:

21.1 The Bids received/accepted/opened will be evaluated by the Owner to ascertain

the technical responsiveness of the bid for the complete scope of the proposal,

as covered under these specifications and documents. All technically

responsive bids shall then be examined to determine the lowest evaluated

commercially and technically responsive bids.

22.0 Policy for bids under consideration:

Seal & Signature of Bidder

22.1 Bids shall be deemed to be under consideration immediately after opening of

Technical Bid and until such time official intimation of award/rejection is made

by the Owner to the Bidders. While the Bids are under consideration, Bidders

and/or their representatives and other interested parties are advised to refrain

from contacting by any means, the owner and/or his employee’s

representatives on the matters related to Bids under consideration.

22.2 Clarification of bids:

To assist in the examination evaluation and comparison of Bids the owner may

on his own ask the Bidder for a clarification of its bid. The request for clarification

and the response shall be in writing and no change in the price or substance of

the bid shall be sought, offered or permitted.

23.0 Preliminary Examination:

23.1 The Owner will examine the bids to determine whether they are complete,

whether any computational errors have been made, whether required sureties

have been furnished, whether the documents have been properly signed, and

whether the bids are generally in order.

23.2 Arithmetical errors will be rectified on the following basis:

If there is a discrepancy between the unit price and the total price that is

obtained by multiplying the unit price and quantity, the unit price shall prevail

and the total price shall be corrected. If there is a discrepancy between the total

bid amount and the sum of total costs, the latter shall prevail and the total bid

amount will be corrected accordingly. If there is a discrepancy between words

and figures, the amount advantageous to the Owner will prevail. If the Bidder

does not accept the correction of the errors as above, his Bid will be rejected

and the amount of Bid Security will be forfeited. The Bidder should ensure that

In the case of any inconsistency in the prices furnished in the specified prices

schedules to be identified in Bid Form for this purpose, the Owner shall be

entitled to consider the highest price for the purpose of evaluation and for the

purpose of award of Contract use the lowest of the prices in these schedules.

23.3 Prior to the detailed evaluation, the Owner will determine the substantial

responsiveness of each bid to the Bidding Document. For purpose of these

Clauses, a substantially responsive bid is one which conforms to all the terms

and conditions of the Bidding Document without material deviations. A material

deviation is one which affects in any way the prices, quality, quantity or delivery

period of the equipment, completion of works or which limits in any way the

responsibilities or liabilities of the Bidder of any right of the Owner as required

in these specifications and documents. The Owner’s determination of a bid’s

responsiveness shall be based on the contents of the bid itself without recourse

to extrinsic evidence.

23.4 A bid determined as not substantially responsive will be rejected by the Owner

and may not subsequently be made responsive by the Bidder by correction of

non-conformity.

Seal & Signature of Bidder

23.5 The Owner may waive any minor informality or non-conformity or irregularity in

a bid which does not constitute a material deviation, provided such waiver does

not prejudice or affect the relative ranking of any Bidder.

24.0 Award Criteria

24.1 The owner will award the contract to the successful Bidder, whose bid has been

determined to be substantially responsive and has been determined as the

lowest evaluated bid, providing further that the Bidder is determined to be

qualified to perform the contract satisfactorily. The Owner shall be the sole

judge in this regard.

24.2 In case of award of Contract on a bidder there shall be separate contracts one

for Civil works, second for supply of goods and third for the erection & services

works in substations.

24.3 Further, the Owner reserves the right to award separate contracts to two or

more parties in line with the terms and conditions specified in the accompanying

Technical Specifications.

25.0 Owner’s right to accept any bid and to reject any or all bids:

25.1 The Owner reserves the right to accept or reject any bid, and to annual the

bidding process and reject all bids at time prior to award of contract, any without

thereby incurring any liability to the affected Bidder or Bidders or any obligation

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

26.0 Notification of award:

26.1 Prior to the expiration of the period of bid validity and extended validity period,

if any, the Owner will notify the successful Bidder in writing by registered letter

or cable or telex or FAX, to be confirmed in writing by registered letter, that its

bid has been accepted.

26.2 The notification of award will constitute the formation of the Contract.

26.3 Upon the successful Bidder’s furnishing of performance guarantee pursuant to

relevant clause No: 36 & 38, the Owner will promptly notify each unsuccessful

Bidder and will discharge its bid security, pursuant to Clause No: 12.00.

27.0 Signing of contract:

27.1 At the same time as the Owner notifies the successful Bidder that his bid has

been accepted, the Owner will send the Bidder the detailed of Award,

incorporating all agreements between the parties.

27.2 Within 15 days of receipt of the detailed of Award, the successful bidder shall

sign the same with date and return it to the Owner.

27.2 The Bidder will prepare the Contract Agreement as per the proforma prescribed

and the same will be signed within 30 (Thirty) days of notification of Award.

28.0 DEFINITION OF TERMS

Seal & Signature of Bidder

28.1 The ‘Contract’ means the agreement entered into between the Owner and the Contractor

as per the Contract Agreement signed by the parties, including all attachments and

appendices thereto and all documents incorporated by reference therein.

28.2 ‘Owner’ shall mean the Gujarat Energy Transmission Corporation Limited, Vadodara

or any of its group companies i.e. GUVNL, GSECL, MGVCL, DGVCL, PGVCL, UGVCL

and shall include its legal representatives, successors and assigns.

28.3 ‘Contractor’ or ‘Manufacturer’ shall mean the Bidder whose bid is accepted by the

Owner for the award of the Works and shall include such successful Bidder’s legal

representatives, successors and permitted assigns.

28.4 ‘Sub-Contractor’ shall mean the person named in the Contract for any part of the Works

or any person to whom any part of the Contract has been sublet by the Contractor with

the consent in writing of the Engineer and will include the legal representatives,

successors and permitted assigns of such person.

28.5 ‘Engineer’ shall mean the officer appointed in writing by the Owner to act as Engineer

from time to time for the purpose of the Contract.

28.6 The terms ‘Equipment’, ‘Stores’ and ‘Materials’ shall mean and include equipment,

stores and materials to be provided by the Contractor under the Contract.

28.7 ‘Works’ shall mean and include the furnishing of equipment, labour and services, as

per the Specifications and complete erection, testing and putting into satisfactory

operation including all transportation, handling, unloading and storage at the Site as

defined in the Contract.

28.8 ‘Specifications’ shall mean the Specifications and Bidding Document forming a part of

the Contract and such other schedules and drawings as may be mutually agreed upon.

28.9 Site’ shall mean and include the land and other places on, into or through which the

works and the related facilities are to be erected or installed and any adjacent land,

paths, street or reservoir which may be allocated or used by the Owner or Contractor

in the performance of the Contract.

28.10 The term ‘Contract Price’ shall mean the Firm price quoted by the Contractor in his bid

with additions and/or deletions as may be agreed and incorporated in the Letter of

Award and the contract agreement for the entire scope of the works.

28.11 The term ‘Equipment Portion’ of the Contract price shall mean the ex-works value of the

equipment/Materials supplied include structures, town materials insulators, conducting

28.12 The term ‘Erection Portion’ of the Contract price shall mean the value of field activities

of the works including erection, testing and putting into satisfactory operation including

successful completion of performance and guarantee tests to be performed at Site by

the Contractor including cost of insurances.

28.13 ‘Manufacturer’s Works’ or ‘Contractor’s Works’, shall mean the place of work used by

the manufacturer, the Contractor, their collaborators/associates or Sub-Contractors for

the performance of the Contract.

28.16 Site Engineer ‘Inspector’ shall mean the Owner owner’s Engineers or any person

nominated by the time to inspect the equipment; stores or Works under the Contract

and/or the duly authorized representative of the Owner.

28.17 ‘Notice of Award of Contract’/’Letter of Award’/’Telex of Award’ shall mean the official

notice issued by the Owner notifying the Contractor that his bid has been accepted.

Seal & Signature of Bidder

28.18 ‘Order’ shall mean the official letter issued by the Owner informing the acceptance of

28.19 ‘Date of Contract’ shall mean the date on which Notice of Award of Contract/Letter of

Award has been issued.

28.20 ‘Month’ shall mean the calendar month. ‘Day’ or ‘Days’ unless herein otherwise

expressly defined shall mean calendar day or days of 24 hours each.

28.21 A ‘Week’ shall mean continuous period of seven (7) days.

28.22 Writing’ shall include any manuscript, type written or printed statement, under or over

signature and/or seal as the case may be.

28.23 When the words ‘Approved’, ‘Subject to Approval’, ‘Satisfactory’, ‘Equal to’, ‘Proper’,

‘Requested’, ‘As Directed’, ‘Where Directed’, ‘When Directed’, ‘Determined by’,

‘Accepted’, ‘Permitted’, or words and phrases of like importance are used the approval,

judgment, direction etc. is understood to be a function of the Owner/Engineer.

28.24 Test on completion shall mean such tests as prescribed in the Contract to be performed

by the Contractor before the work is taken over by the Owner.

28.25 ‘Performance and Guarantee Tests’, shall mean all operational checks and tests

required to determine and demonstrate capacity, efficiency, and operating

characteristics as specified in the Contract Documents.

28.26 The term ‘Final Acceptance’/‘Taking Over’ shall mean the Owner’s written acceptance

of the Works performed under the Contract, after successful

commissioning/completion of Performance and Guarantee Tests, as specified in the

accompanying Technical Specifications or otherwise agreed in the Contract.

28.27 ‘Guarantee Period’/’Maintenance Period’ shall mean the period during which the

Contractor shall remain liable for repair or replacement of any defective part of the

works performed under the Contract.

28.28 ‘Latent Defects’ shall mean such defects caused by faulty designs, material or work-

man- ship which cannot be detected during inspection, testing etc, based on the

technology available for carrying out such tests.

28.29 ‘Drawing’, ‘Plans, shall mean all:

a) Drawings furnished by the Owner/Consultant as a basis of Bid/Proposals.

b) Supplementary drawings furnished by the Owner/Consultant to clarify and to define

in greater detail the intent of the Contract.

c) Drawings submitted by the Contractor with his bid provided such drawings are

acceptable to the Owner/Consultant.

d) Drawings furnished by the Owner/Consultant to the Contractor during the progress

of the work; and

e) Engineering data and drawings submitted by the Contractor during the progress of

the work provided such drawings are acceptable to the Engineer/Owner.

28.30 ‘Codes’ shall mean the following including the latest amendments and/or

replacements, if any :

a) Indian Electricity Act, 1905 and Rules and Regulations made there under.

b) Electricity Act 2003 and Rules & Regulations made there under.

Seal & Signature of Bidder

c) Indian Factory Act, 1948 and Rules and Regulations made there under.

d) Indian Explosives Act, 1884 and Rules and Regulations made there under.

e) Indian Petroleum Act, 1934 and Rules and Regulations made there under.

f) A.S.M.E. Test Codes.

g) A.I.E.E. Test Codes.

h) American Society of Materials Testing Codes.

i) Standards of the Indian Standards Institution.

j) Other Internationally approved standards and/or rules and regulations touching the

subject matter of the Contract.

28.31 Words imparting the singular only shall also include the plural and vice –versa where

the context so requires.

28.32 Words imparting ‘Person’ shall include firms, companies, corporations and

associations or bodies of individuals, whether incorporated or not.

28.33 Terms and expressions not herein defined shall have the same meaning as are

assigned to them in the Indian Sale of Goods Act (1930), failing that in the Indian

Contract Act (1872) and failing that in the General Clauses Act (1897) including

amendments thereof, if any.

In addition to the above the following definitions shall also apply.

a) ‘All equipment and materials’ to be supplied shall also mean ‘Goods’.

b) ‘Constructed’ shall also mean ‘erected and installed’.

a) ‘Contract Performance Guarantee’ shall also mean ‘Contract Performance

28.34 GST/Cess means all applicable Tax/Cess under GST Laws. GST Laws means

IGST Act, GST(Compensation to the State for Loss of Revenue) Act, CGST

Act, UTGST Act and SGSCT Act, 2017and all related ancillary legislations.

28.35 Works contract means a Contract for composite supply and covered under the

definition of Works Contract as defined under Section 2(119) of the CGST

Act, 2017 or SGST Act, 2017 and similar provisions, applicable under the

UTGST Act, 2017and the IGST Act,

29.0 APPLICATION

These General Conditions shall apply to the extent that they are not superseded

by provisions in other parts of the Contract.

The goods supplied under this Contract shall conform to the standards

mentioned in the Technical Specifications, and, when no applicable standard is

mentioned, to the authoritative standard appropriate to the goods and such

standards shall be the latest issued by the concerned institution.

Seal & Signature of Bidder

31.0 LANGUAGE AND MEASURES

All documents pertaining to the Contract including specifications, schedules,

notices, correspondences, operating and maintenance instructions, drawings

or any other writing shall be written in English language. The Metric System of

measurement shall be used exclusively in the Contract.

32.0 Price Basis: (Price variation Applicable)

32.1 The Price shall be quoted on firm basis except for supply of 66KV, 1CX630

sq.mm XLPE Power Cable with Poly.Al. /Aluminum construction for which

Price variation will be applicable.

32.2 The Price quoted by the bidder shall remain fixed for all the items except 66KV

1CX630 sq.mm XLPE Power Cable with Poly.Al. /Aluminum construction;

during the bidder's performance of the contract and shall not be subject to

variation on any account save for change in quantity. A bid submitted with an

adjustable price quotation shall be treated as non-responsive and rejected.

(1) 66KV 1CX630 Sq.MM Cu. Wire screen, poly Aluminum laminated inner

sheathed, Aluminum wire armored XLPE cable

P = Po + AIF (Al – Alo) + XLFAl (CC – CCo) + CuFc (Cu –Cuo) + CCFAl (POC – POCo) + ALA (Al – Alo)

Sr.No. Sign = Description of Sign

1 P = Price payable as adjusted in accordance with above

appropriate formula (in Rs./KM).

2 Po = Price quoted / confirmed (in Rs./KM).

3 AIF = Variation factor for Aluminum.

4 Al = Price of Aluminum. This price is as applicable on Two

months prior to the date of delivery.

5 Alo = Price of Aluminum. This price is as applicable on One

month prior to date of tendering.

6 XLFAl = Variation factor for XLPE Compound for Aluminum

Conductor Cable

7 CC = Price of XLPE Compound. This price is as applicable on

Two months prior to the date of delivery.

8 CC0 = Price of XLPE Compound. This price is as applicable on One

month prior to date of tendering.

9 CuFc = Variation factor for copper screen

10 Cu = Price of CC Copper Rods. This price is as applicable on

Two months prior to the date of delivery.

11 Cuo = Price of CC Copper Rods. This price is as applicable on

One month prior to the date of tendering .

12 CCFAl = Variation factor for PE Compound for Aluminum Conductor

13 POC = Price of Polymer Compound. This price is as applicable on

Two months prior to the date of delivery.

14 POC0 = Price of Polymer Compound. This price is as applicable on

One month prior to the date of tendering .

15 ALA = Aluminum factor ALA

Seal & Signature of Bidder

The variation factors shall be as under:

 [I] 66KV 1CX630 Sq.MM Cu. Wire screen, poly Aluminum laminated inner

sheathed, Aluminum wire armored XLPE cable.

Size of XLPE Cable AIF XLFAl CuFc CCFAl ALA

66 KV 1C x 630 sq mm (Poly-al-Poly) 1.828 1.743 2.104 0.792

(2) 66KV 1CX630 Sq.MM Aluminum corrugated sheath, XLPE cable

P = P0 + AIF (Al – Al0) + XLFAl (CC – CC0) + AlFs (Al –Al0) + CCFAl (POC – POC0)

Sr.No. Sign = Description of Sign

1 P = Price payable as adjusted in accordance with above appropriate

formula (in Rs./KM).

2 Po = Price quoted / confirmed (in Rs./KM).

3 AIF = Variation factor for Aluminum.

4 Al = Price of Aluminum. This price is as applicable on Two months

prior to the date of delivery.

5 Alo = Price of Aluminum. This price is as applicable on One month

prior to date of tendering.

6 XLFAl = Variation factor for XLPE Compound for Aluminum Conductor

7 CC = Price of XLPE Compound. This price is as applicable on Two

months prior to the date of delivery.

8 CC0 = Price of XLPE Compound. This price is as applicable on One

month prior to date of tendering.

9 AlFs = Variation factor for Corrugated Aluminum Sheath

10 Al = Price of Aluminum. This price is as applicable on Two months

prior to the date of delivery.

11 Alo = Price of Aluminum. This price is as applicable on One month

prior to the date of tendering .

12 CCFAl = Variation factor for PE Compound for Aluminum Conductor Cable

13 POC = Price of Polymer Compound. This price is as applicable on Two

months prior to the date of delivery.

14 POC0 = Price of Polymer Compound. This price is as applicable on

One month prior to the date of tendering .

The variation factors shall be as under:

 [I] 66KV 1CX630 Sq.MM Aluminum corrugated sheath, XLPE cable.

Size of XLPE Cable AIF XLFAl AlFs CCFAl

66KV 1CX630 Sq.MM Aluminum 1.828 1.743 1.219

corrugated sheath, XLPE cable

 The Prices and Indices are as published by IEEMA vide Circular reference

IEEMA(PVC)/CABLE(R-1)/--/-- prevailing as on First working day of the month

i.e.one month prior to the date of tendering.

 The date of delivery is the date on which the cable is notified as being ready for

inspection/dispatch (in the absence of such notification, the date of

Seal & Signature of Bidder

manufacturer’s dispatch note is to be considered as the date of delivery) or the

contracted delivery date (including any agreed extension thereto), whichever is

(a) All prices of raw materials are exclusive of GST amount.

(b) All prices excluding Aluminum & Copper are as on first working day of the

(c) The details are as under:

1. Price of Aluminum is LME average Cash SELLER Settlement price of primary

Aluminum in US$ per MT as published by London Metal Bulletin(LME)

including premium for Aluminum ingot in US$ per MT is converted in Indian

2. Price of CC copper rods (in Rs./MT) is ex-works price as quoted by the primary

3. Price of Pig lead (in Rs./MT) is ex-works price as quoted by the primary

4. Price of Polymer Compound (in Rs./MT) is ex-works price as quoted by the

primary Manufacturer/s.

5. Price of XLPE Compound (in Rs./MT) is ex-works price as quoted by the

primary Manufacturer/s.

6. Price of PVC Compound (in Rs/MT) is the ex-works price, as quoted by the

manufacturer/s.

 The bidder has to specify in his Bid copper screen component per MT (CuFc-

Copper Screen), lead component (PbF) and corrugated Aluminum sheath

component per MT base on short circuit current requirement for each type and size

 Price Variation will be applicable only with respect to original contractual delivery

period only. The price variation will not be applicable for the intermediate delay in

the supply during the delivery schedule. However, if any decrease in the price

variation it will be applicable to the bidder.

 No price increase shall be allowed beyond the original delivery schedule, unless

specifically stated in the extension letter. As a rule, no price adjustment shall be

allowed for period of delay for which supplier is responsible. The purchaser will

however be entitled to any decrease in the price.

 Supplier has to submit P.V bills (Negative / Positive) along with supporting

documents / IEEMA circulars necessary for calculation of P.V. with the bills for

balance 20% payable against S.R notes for checking & verification of the earlier

claim. Till, P.V. bills are submitted as above, the balance 20% bills will not be

processed for payment.

 To claim the price variation successful bidder has to submit the supporting

document like duly notary certified copy of IEEMA circulars, P.V. Calculation sheet

etc. along with their invoices.

 The base date for the above price variation Formula will be First day of One month

prior to opening month of tender.

(3) For structure material:

The latest revised PV formula is as under:

P0 SBLR SBIR Zn W

100 SBLRo SBIRo Zno W0

Seal & Signature of Bidder

P = Price payable as adjusted in accordance with the above

P0 = Price quoted/confirmed.

SBLR0 = Price of Steel Blooms- Retail (refer notes)

This price is as applicable for the month, ONE month prior to the

date of tendering.

SBIR0 = Price of Steel Billets- Retail (refer notes)

This price is as applicable for the month, ONE month prior to the

date of tendering.

Zn0 = Price of Electrolytic high grade zinc (refer notes)

This price is as applicable for the month, ONE month prior to the

date of tendering.

Wo = All India average consumer price index number for industrial

workers, as published by the Labour Bureau, Ministry of Labour,

Govt. of India (Base: 2016 = 100) (Refer notes)

This index number is as applicable for the month, THREE months

prior to the date of tendering.

For example, if date of tendering falls in November 2023, the applicable prices of

Steel Bloom-Retail (SBLR0), Steel Billets-Retail (SBIR0) and Zinc (Zn0) should be

for the month October 2023 and all India average consumer price index number

(W0) should be for the month of August

The above prices and indices are as published by IEEMA vide circular reference

IEEMA (PVC)/TLT- 2022/_/_ ONE month prior to the date of tendering

SBLR = Price of Steel Bloom-Retail (refer notes)

This price is as applicable for the month, TWO months prior to the

date of delivery.

SBIR = Price of Steel Billets-Retail (refer notes)

This price is as applicable for the month, TWO months prior to the

date of delivery.

Zn = Price of Electrolytic high grade zinc (refer notes)

This price is as applicable for the month, TWO months prior to the

date of delivery.

W= All India average consumer price index number for industrial

workers, as published by the Labour Bureau, Ministry of

Labour, Govt. of India (Base: 2016 = 100) (refer notes)

This index number is as applicable for the month, FOUR months

prior to the date of delivery.

 The price variation amount in the ex-works price of fabricated structure members

(including bolts & nuts) calculated by the above formula shall not be subject to any

ceiling, whatsoever.

Seal & Signature of Bidder

 The price variation formula will be applicable from the date of inspection / waival of

inspection for the material offered.

 The price variation will be applicable during contractual delivery period only.

However, any decrease in the price variation during delayed period shall be

 Price variation shall not be allowed beyond the original delivery date unless

specifically stated in the time extension letter. As a rule, no price adjustment shall

be allowed for the period of delay for which the supplier is responsible; however

purchaser will be entitled for any decrease in the prices during this delayed period.

 In case of non-publication of applicable indices on a particular month, which

happens to be the applicable month for price variation purpose, the published

indices prevailing immediately prior to the particular month shall be applicable.

 If the price adjustment amount works out to be positive, the same is payable to the

contractor by the owner and if it works out to be negative, the same is to be

recovered by the owner from the contractor.

 No price variation will be allowed on the freight and insurance component of FOR

destination prices.

 The supplier has to submit PV bills (Negative / Positive) along with supporting

documents / IEEMA circulars necessary for calculation of PV bills along with bills

for payment against SR Notes. To claim the price variation successful bidder has to

submit the supporting documents duly notary certified copy of IEEMA circulars, PV

calculation sheet etc. along with their invoices.

 The base date for the above Price Variation formula will be first day of the month

prior to opening month of the Tender.

 In the above price variation formula, subscript “0” refers to indices as on 30 days

prior to the date of Bid opening (referred to base date indices). Subscript “1” refers

to the indices as on 60 days prior to date of inspection / waival of inspection of the

material offered.’

33.0 Taxes and Duties:

Goods and Service Tax (GST):

33. 1 The F.O.R. Destination prices are excluding GST and Cess as applicable

which will be paid extra on a given taxable goods and/or services within the

original contractual delivery period. The amount and % of GST and Cess as

applicable should clearly be indicated separately. (GST/Cess means all

applicable Tax/Cess under GST Laws. GST Laws means IGST Act,

GST(Compensation to the State for Loss of Revenue) Act, CGST Act, UTGST

Act and SGSCT Act, 2017 and all related ancilliary legislations).

33. 2 You shall have to submit a C.A Certificate & duly authorized Signatory of

successful bidder, certifying that you have not claimed Refund of any

applicable GST and Cess, charged to COMPANY or shall not claim any such

Refund, on a future date, from the concerned Authorities and if, any Refund,

in respect of such GST and Cess, is claimed by you, it will be immediately

passed on to the COMPANY, without COMPANY making any specific Claim,

for the same, either from the Department or from you.

Seal & Signature of Bidder

33. 3 The offers having price INCLUSIVE OF GST and Cess is likely to be rejected

if the rate of GST and Cess is not mentioned clearly unless the bidder has

opted for Compostion Scheme under GST Act, which should be clearly

indicated in the price bid. COMPANY may at its discretion consider such offer

with presumption of highest applicable rate of GST and Cess prevailing when

the price quoted is inclusive of GST and Cess.

33. 4 If the Supplier/Contractor has opted for the Composition scheme of GST, the

same must be clearly specified with valid Declaration & Certificate from

Department. In the event of withdrawal/cessation of the Supplier from

Composition scheme during the tenure of the contract, the rate mentioned in

the price bid shall be final and any additional GST will have to be borne by the

tenderer. In no case additional amount towards tax or otherwise will be paid /

reimbursed to supplier/contractor. Further Statutory Variation clause will not

be applicable in case of Supplier / Contractor has opted for Composition

Scheme under GST.

33. 5 Supplier/Contractor should charge GST in Invoice at the rate as agreed to /

mentioned in acceptance of tender only and any deviation in the same shall

not be accepted. Further, any additional liability of GST (later on due to wrong

mentioning of GST rate, mis-interpretation of HSN/SAC Code, etc.) over and

above as charged in the invoice shall be borne by the Supplier/Contractor.

However, any refund received by the supplier / contractor on account of GST

charged from the company; such refund shall have to be passed on to the

company, along with interest if any. Such refund along with interest needs to

be passed on suo-moto by the supplier / contractor.

33. 6 Further, the Company has a right to recover the amount of GST along with

penal interest at the rate of 15% per annum if GST charged is not paid / short

paid to the government or fail to upload the details or uploads inaccurate

particulars on GSTIN portal by the Supplier / Contractor within the stipulated

33. 7 In case, Govt. revises the rate of GST rate / Code during the tenure of the

contract, the provision of GETCO’s statutory variation clause shall apply.

33. 8 INPUT TAX CREDIT BENEFIT

In the event of any statutory increase in the rate of Input Tax Credit and / or

due to inclusion of any other additional item of their inputs / input services

under the ambit of the Input Tax Credit provisions under the GST Act,

subsequent to the date of submission of the offer, the same should be passed

on to COMPANY and you should inform such changes to COMPANY from

33. 9 GST, other taxes and other levies and duties including custom duty solely in

respect of the transaction between the owner and the contractor under this

contract, if any, shall be included in the bid price. These shall also be indicated

separately wherever applicable as mentioned in the Tender .

33. 10 As regards the income Tax, surcharge on income tax and any other corporate

tax, including GST if any the owner shall not bear any tax liability whatsoever.

The bidder shall be liable and responsible for payment of such taxes as

attracted under the provisions of the law.

Seal & Signature of Bidder

33. 11 Notwithstanding the tax liabilities as per the sub-clause 35.10 above the owner

shall have the right to make deduction at source from the amounts payable to

the contractor in respect of Income Tax (on the cost of items of supply included

in the works contract) as may be mandatory in terms of the law. The owner

shall not bear any liability in this regard but shall issue necessary certificate in

respect of such deduction made.

33. 12 Whenever concessional rate of GST is indicated by the bidders, it shall be

confirmed whether any increase in the rates that becomes applicable during

the performance of the contract would be absorbed by the supplier. Bidder

shall note that in case of absence of such confirmation; the tenders will be

evaluated taking into account the maximum rate of GST applicable.

33. 13 In case any tax or duty is newly introduced by the Government applicable for

this contract with effect from the next day of the date submission of the bid

and if the contractor is required to pay additional tax or duty, then the owner

shall reimburse the contractor the additional tax or duty so paid by the

contractor against submission by the contractor of documentary evidence to

the satisfaction of the owner. This provision will not be applicable to

transaction between the contractor and his sub-suppliers, sub-contractors for

raw materials etc and will be applicable only to the direct transactions between

the contractors and owner. Besides the said statutory variation, no other

statutory variation shall be payable by the owner.

33. 14 The owner’s liability for all taxes and duties including GST under the contract

shall be limited to those indicated by the Bidder in the Bid Proposal Sheets,

subject to the statutory variations and variations as per Clause No. 35.4.

33. 15 If the cost to the Contractor during the performance of the ‘Contract’ shall be

increased or reduced by reasons of the making, passing or promulgation of

any law after the date of submission of bid or by any order, regulation or bye-

law having the force of law the amount of such increase or reduction shall be

added to or deducted from the “Contract Price” as the case may be for direct

transactions between contactor & owner. It is the Bidders responsibility to

furnish details of taxes, duties, levies etc. applicable as on the date of

submission of the bid.

33. 16 No claim for any increase towards the statutory variation regarding

enhancement of existing tax or duty or introduction of a new tax or duty

applicable shall be entertained by the Owner during the extended period of

contract, if any, provided the extension of the contract is required by causes

attributable to the contractor. However, the decrease in any taxes/duties

shall be passed on to GETCO.

33. 17 The provision of statutory variation regarding enhancement of existing tax or

duty or introduction of a new tax or duty will be applicable only to the direct

transaction between the contractor and the owner.

33. 18 Before quoting, the bidder may ascertain from the concerned tax authorities

of Government for the applicability of Entry Tax, GST etc. in respect of this

work and include the same in the quoted price. No separate claim in this

regard will be entertained by the Owner, as it is the responsibility of the Bidder

to pay all these taxes.

Seal & Signature of Bidder

34.0 TAXES, PERMITS & LICENCES

The Contractor shall be liable and pay all non-Indian taxes, duties, levies

lawfully assessed against the Owner or the Contractor in pursuance of the

Contract. In addition, the Contractor shall be responsible for payment of all

Indian duties, levies and taxes including GST lawfully assessed against the

Contractor for his personal income & property only.

35.0 Price Inclusions (including Taxes & Duties):

35.1 GOODS AND SERVICE TAX (GST): GST and Cess as applicable shall

be payable/ receivable as mentioned in clause no.33 of GCC supra

35.2 The prices quoted shall be all inclusive of freight, transportation, loading, –

unloading & stacking at site of materials supplied by Contractor as well as

owner supplied item if any

35.3 No extra payment toward any type of templates and erection tools

/materials will be made.

35.4 Statutory Variations:

Any statutory increase or decrease in the taxes and duties including GST and

Cess as applicable or in the event of introduction of new tax/cess or

cessation of existing tax/cess subsequent to suppliers offer if it takes place

within the original contractual delivery date will be to COMPANY’s account

subject to the claim being supported by documentary evidence. However, if any

decrease takes place after the contractual delivery date, the advantage will

have to be passed on to COMPANY.

Statutory Variation clause will not be applicable in case of Supplier / Contractor

has opted for Composition Scheme under GST.

35.5 Income Tax

Income-tax at source at the prevailing rate will be deducted from bills in

accordance with the provision of Income-Tax Laws and to that effect a

certificate will be issued to the contractor.

36.0 CONTRACT PERFORMANCE GUARANTEE

36.1 As a contract performance security, the successful bidder, to whom the work is

awarded, shall be required to furnish a performance guarantee as per clause

No. 38 in form of Bank guarantee from a Public Sector Indian bank/Scheduled,

Commercial Bank in the form to be furnished and it shall guarantee the faithful

performance of the Contract in accordance with the terms and conditions

specified in these documents and specifications.

36.2 The Performance Guarantee shall cover additionally the following guarantees

a) The successful Bidder guarantees the successful and satisfactory operation

of the equipment furnished and erected under the Contract, as per the

specifications and documents.

Seal & Signature of Bidder

b) The successful Bidder further guarantees that the equipment provided by

him/his sub-vendors and installed by him shall be free from all defects in

design, material and workmanship and shall upon written notice from the

Owner fully remedy free of expenses to the Owner such defects as

developed under the normal use of the said equipment within the period of

guarantee specified in the relevant clause of the General Terms and

Conditions in the Part-I.

36.3 The Contract Performance Guarantee is intended to secure the performance of

the entire contract. However, it is not to be construed as limiting the damages

under clause entitled “Equipment Performance Guarantee” in Technical

Specifications, Part-II and damages stipulated in other clauses in the Bid

36.4 The Contract performance guarantee will be discharged without any interest on

successful completion of order and only after the performance guarantee

condition is fulfilled. The Contractor shall furnish Contract Performance

Guarantee(s) for the proper fulfillment of the Contract in the prescribed form

within fifteen(15) days of “Notice of Award of Contract”. The performance

guarantee(s) shall be as per terms prescribed.

GUARANTEES & LIABILITIES

37.1 The Contractor shall warrant that the whole project, in accordance with the

Contract documents and free from defects in material/equipment and

workmanship for a period of twenty-four (24) calendar months commencing

immediately upon the satisfactory commissioning of the project and issuance

of Taking Over Certificate (TOC). The Contractor’s liability shall be limited to

the replacement of any defective parts in the equipment of his own manufacture

or those of his Sub-Contractors under normal use and arising solely from faulty

design, materials and/or workmanship provided always that such defective

parts are repairable at the site and are not in meantime essential in the

commercial use of the equipment. Such replaced/defective parts shall be

returned to the Contractor unless otherwise arranged. No repairs or

replacement shall normally be carried out by the Engineer when the equipment

is under the supervision of the Contractor’s Supervisory Engineer.

37.2 In the event of any emergency where in the judgment of the Engineer, delay

would cause serious loss or damages, repairs or adjustment may be made by

the Engineer or a third party chosen by the Engineer without advance notice to

the Contractor and the cost of such work shall be paid by the Contractor. In the

event such action is taken by the Engineer, the Contractor will be notified

promptly and he shall assist wherever possible in making necessary

corrections. This shall not relieve the Contractor of his liabilities under the terms

and conditions of the Contract.

37.3 If it becomes necessary for the Contractor to replace or renew any defective

portions of the works the provision of this clause shall apply to portion of the

works so replaced or renewed until the expiry of twelve (12) months from the

date of such replacement or renewal. If any defects are not remedied within a

reasonable time, the Engineer may proceed to do the work at the Contractor’s

Seal & Signature of Bidder

risk and cost but without prejudice to any other rights which the Owner may

have against the Contractor in respect of such defects.

37.4 The repaired or new parts will be furnished and erected free of cost by the

Contractor. If any repair is carried out on his behalf at the site, the Contractor

shall bear the cost of such repairs.

37.5 The cost of any special or general overhaul rendered necessary during the

maintenance period due to defects in the equipment or defective work carried

out by the Contractor, the same shall be borne by the Contractor.

37.6 The acceptance of the equipment by the Engineer shall in no way relieve the

Contractor of his obligations under this clause

37.7 In the case of those defective parts, which are not repairable at site but are

essential for the commercial operation of the equipment, the Contractor and the

Engineer shall mutually agree to a program of replacement or renewal, which

will minimize interruption to the maximum extent in the operation of the

37.8 At the end of the guarantee period, the Contractor’s liability ceases except for

latent defects. For latent defects, the Contractor’s liability as mentioned in

Clause Nos. 37.1 through 37.7 above, shall remain till the end of 5 years from

the date of completion of guarantee period. In respect of goods supplied by Sub-

Contractors to the Contractor where a longer guarantee is provided by such Sub-

Contractor, the Owner shall be entitled to the benefits of such longer guarantee.

37.9 The provisions contained in this clause will not be applicable: a) If the Owner has

not used the equipment according to generally approved industrial practice and

in accordance with the conditions of operations specified and in accordance with

operating manuals, if any. b)In cases of normal wear and tear of the parts to be

specifically mentioned by the Contractor in the offer.

37.9 The Guarantee period for individual equipment / item indicated in the

tender specification remains unchanged and shall have to be adhere to as

indicated in specifications.

38.0 Performance Guarantee:-

“The successful bidder shall have to submit the performance guarantee in the

form of Bank Guarantee worth 10% of the total contract value (end cost) to cover

the entire execution. The Performance Bank Guarantee (covering the execution

of the contract) will be returned ONLY on successful commissioning & issuance

of TOC including material reconciliation & as built drawings and on receipt of the

Bank Guarantee towards Warranty worth 10% of the total contract value (end

cost), which will be retained till completion of the Guarantee period.

These Bank Guarantees shall be applicable for all the bidders irrespective

whether they are SSI/NSIC units.”

The above performance guarantee, to be submitted by successful tenderer,

towards execution period, is for the satisfactory execution of the contract.

Seal & Signature of Bidder

Whereas the performance guarantee, to be submitted by successful tenderer,

towards warrantee, is for satisfactory performance of the materials which should

be valid for 24 months from the date of commissioning.

If the full Performance Guarantee amount / BG is not paid / submitted within

(Fifteen) days after the receipt of the LOA, then the order will be out rightly

cancelled at the risk & cost of the Tenderer (at the discretion of the Corporation)

and without entering into any correspondences and this will be binding on the

39.0 Time Schedule:

39.1 The basic consideration and the essence of the Contract shall be strict adherence to

the time schedule for performing the specified works.

39.2 The Owner’s requirements of completion schedule for the Works are mentioned in the

accompanying Special Conditions of Contract.

39.3 The completion schedule as stated in the special conditions of contract shall be one of

the major factors in consideration of the bids.

39.4 The owner reserves the right to request for a change in the work schedule during pre-

award discussions with successful bidder.

39.5 The successful bidder will be required to prepare detailed PERT Network/ detailed

M.S. Project Bar chart and finalize the same with the owner as per the requirement of

40.0 TIME – THE ESSENCE OF CONTRACT

40.1 The time and the date of completion of the Contract as stipulated in the Contract by

the Owner without or with modifications, if any, and so incorporated in the Letter of

Award, shall be deemed to be the essence of the Contract. The Contractor shall so

organize his resources and perform his work as to complete it not later than the date

40.2 The Contractor shall submit a detailed PERT network/bar chart within the time frame

agreed consisting of adequate number of activities covering various key phases of the

work such as design, procurement, manufacturing, shipment and field erection

activities within fifteen (15) days of the date of Notification of Award. This network shall

also indicate the interface facilities to be provided by the Owner and the dates by which

such facilities are needed. The Contractor shall discuss the network so submitted with

the Owner and the agreed network shall form part of the Contract documents. During

the performance of the Contract, if in the opinion of the Engineer, proper progress is

not maintained, suitable changes shall be made in the Contractor’s operations to

ensure proper progress without any cost implication to the Owner. The interface

facilities to be provided by the Owner in accordance with the agreed network shall also

be reviewed while reviewing the progress of the Contractor.

40.3 Based on the above agreed network/bar chart fortnightly reports shall be submitted by

the Contractor as directed by the Engineer.

40.4 Subsequent to the finalization of the network, the Contractor shall make available to

the Engineer a detailed manufacturing program in line with the agreed Contract

Such manufacturing program shall be reviewed, updated and submitted to the

Engineer every month thereafter.

Seal & Signature of Bidder

40.5 The above bar charts/manufacturing program shall be compatible with the Owner’s

computer environment and furnished to the Owner on such media as may be desired

40.6 If the progress is found low, GETCO reserves the right to get the work executed

through any other agency at the risk & cost of contractor without assigning any

reason(s) and/or notice.

41.0 PENALTY FOR DELAY:

41.1 The tenderer should note that the completion time allowed for carrying out the

work should be strictly observed. Any delay that may take place in supply,

erection and civil beyond Contractual period stated shall be subject to the

penalty at the rate of ½ % per week or part there of plus GST as applicable

on delayed portion, with a ceiling of 10 % of the total contract value plus

GST as applicable. For calculating the delayed portion, date of actual

receipt of material at store shall be considered.

41.2 The penalty plus GST as applicable will be deducted from bills payable either

against this contract or from any Bank Guarantee or any other amount payable

under any other contract with the GETCO.

41.3 In event of failure of the contractor to pay the amount of penalty as demanded,

the owner shall be entitled to deduct the amount of penalty for delay from

the amounts payable to the contractors under any bills raised under this

contract or any other amount payable under any other contract with the

GUVNL and its Subsidiary companies i.e. GETCO, GUVNL, GSECL,

MGVCL, DGVCL, PGVCL, UGVCL. It is permissible for the owner to adjust the

amount of penalty of delay against any Bank Guarantee furnished by the

contractor under this contract or any other contract with GUVNL and/or its

subsidiary companies.

41.4 Tenderer shall have to supply all materials to match with the erection activities.

41.5 If the Contractor fails to successfully complete the commissioning within the

time fixed under the Contract, the Contractor shall pay to the Owner as penalty

plus GST as applicable a sum specified for each specified period of delay.

41.6 Equipment and materials will be deemed to have been delivered only when all

its components, parts are also delivered. If certain components are not

delivered in time the equipment and materials will be considered as delayed

until such time the missing parts are also delivered.

41.7 For the purpose of penalty, contractual obligation shall be completion of all the

Civil, supply and erection contracts as per time schedule & value of these

contracts shall be “total contract value” (Sum of three individual contract

value) for the working of penalty in line with above relevant cl. No.41.1

42.0 Delays by owner or his authorized agents

42.1 In case the Contractor’s performance is delayed due to any act of omission on the part

of the Owner or his authorized agents, then the Contractor shall be given due extension

of time for the completion of the Works, to the extent such omission on the part of the

Owner has caused delay in the Contractor’s performance of the Contract.

Seal & Signature of Bidder

Regarding reasonableness or otherwise of the extension of time, the decision of the

Engineer shall be final.

42.2 In addition, the Contractor shall not be entitled to any claim whether demonstrable or

reasonable compensation if such delays have resulted in any increase in cost.

43.0 Presentation of Bills

43.1 For supply: Monthly Bills for supply items for 80% value i.e. Ex-Works price with 100%

F&I and GST in original with one copy shall be submitted to Dy. CAO (Bills), at

Corporate Office for passing and processing for payment at Corporate Office. One

copy of such bill is to be submitted to Engineer in-charge i.e. concerned EE(Const) for

their record & preparation of all relevant documents.

For necessary payment against each consignment of material along with 100%

taxes, duties, F & I shall be duly recorded in the form of TRC & SR note by the

field office, which shall be now uploaded on Vendor Management System

(VMS) Portal, www.vms.guvnl.com including invoice, documents which are

digitally signed by Vendors / Suppliers. The supporting documents duly signed,

stamped and scanned are required to be uploaded. The VMS portal also

provides ‘real time’ tracking of invoice status, to monitor the process of

submissions and to receive timely updates.

43.2 10% payment out of balance 20% shall be released on completion of the line /

substation work, handing over and acceptance by the Site Engineers in charge after

rectification work if any and settlement of material account according to actual quantity

utilized for completion of work. Bill for this payment shall be raised to Dy. CAO (Bills),

Corporate Office with copy to concern Ex. Engr. (Const).

43.3 Balance 10% payment for supply shall be released only after finalization of material

account and passing of final bill only. The contractor has to submit the final bill along

with the material consumption statement and other required data of the work carried

out within 3 months from the date of completion of work.

43.4 For Erection & Civil works: Monthly R.A Bills for erection 90% value of work executed

in original with one copy shall be submitted to concerned EE(Const) for passing and

processing for payment.

43.5 Balance 10% payment for erection shall be released only after finalization of material

account and passing of final bill only. The contractor has to submit the final bill along

with the material consumption statement and other required data of the work carried

out within 3 months from the date of completion of work.

43.6 All the bills in accordance with the above clauses must be submitted with the following

a) Item wise work done during billing period.

b) Item wise cumulative work done.

c) Account for material consumed and balance stock.

43.7 For non-submission or part submission of above information, an additional 5% amount

of the respective RA bill shall be withheld and shall only be released at the time of final

CONTRACT SECURITY AND PAYMENTS

Seal & Signature of Bidder

44.1 The payment to the Contractor for the performance of the works under the Contract

will be made by the Owner as per the guidelines and conditions specified herein. All

payments made during the Contract shall be on account payments only. The final

payment will be made on completion of all Works and on fulfillment by the Contractor

of all his liabilities under the Contract.

44.2 Currency of Payment

All payments under the Contract shall be in Indian Rupees only.

44.3 Further the payment shall be subject to fulfilling of following conditions:

44.4 Welfare Cess

The modality of payment/ reimbursement of welfare cess will be as under.

 On receipt of A/T, the contractor / bidder will get them registered under Welfare Cess

Act and submit the documentary evidence to the concern office.

 Before release of payment of first R.A.Bill, the contractor has to submit the

documentary evidence of registration. Only thereafter, the bill will be processed for

 Before release of payment of subsequent R.A.Bills, the contractor has to submit the

documentary evidence of payment of welfare cess of previous R.A.Bill.

 Before release of payment of Final Bill, the contractor has to submit the documentary

evidence of payment of welfare cess of previous R.A.Bill as well as the final bill.

 If the R.A.Bill happens to be first and final bill, then before release of payment,

contractor has to submit documentary evidence of registration under Welfare Cess Act

and evidence of payment of welfare cess.

 The welfare cess shall be reimbursed to the contractor on submission of copy of

documentary evidence of payment by observing due formalities.

45.0 Payment Schedule

The tender BOQ is indicative. Supply & Erection of quantities shall be as per approved

Drgs. & BOQ and excess shall not be accepted.

45.1 Application for Payment

The Contractor shall submit application for the payment.

45.2 Each such application shall state the amount claimed and shall set forth in detail, in

the order of the Payment Schedule, particulars of the Works including the Works

executed at Site and of the equipment shipped/brought on to the site pursuant to the

Contract up to the date mentioned in the application and for the period covered since

the last preceding certificate, if any.

45.3 Every interim payment certificate shall certify the Contract value of the Works executed

up to the date mentioned in the application for the payment certificate, provided that

no sum shall be included in any interim payment certificate in respect of the works that,

according to the decision of the Engineer, does not comply with the Contract.

45.4 Mode of Payment

45.5 Payment due on dispatch of equipment shall be made by the Owner through Owner’s

Bank or directly to the Contractor as per the payment schedule.

45.6 The payment of test charges, if any, payment, taxes and duties (whenever admissible)

inland transportation (including port handling), insurance and the erection portion of

the Works shall be made direct to the Contractor by the Owner.

Seal & Signature of Bidder

45.7 All payments under the Contract shall be made as stipulated in the Contract after

signing the Contract Agreement. The payments linked with the dispatch of materials

shall only be made after production of all dispatch documents as specified in the

relevant Contract conditions which will interalia include the Material Inspection

Clearance Certificate issued by the Owner.

Progressive payments linked with erection shall only be made after the issue of

certificates by the Engineer, one for the quantum of work completed and the other for

the successful completion of quality check points involved in the quantum of work

45.8 Billing and breakup: Price breakup for supply items will be considered only for billing

purpose & not for actual payment. Payment for equipments supplied shall be released

45.9 Inland Transportation & Insurance

Inland transportation (including port handling) and inland insurance charges shall be

paid to the Contractor on pro-rata to the value of the equipment received at site and

on production of the invoices by the Contractor. However, wherever equipment wise

inland transportation charges have been called for in the ‘Bid Proposal Sheets’ and

have been furnished by the Contractor, the payment of inland transportation charges

shall be made after receipt of equipment at site based on the charges thus identified

by the Contractor in his Proposal and incorporated in the Contract. The aggregate of

all such pro-rata payments shall however not exceed the total amount quoted by the

all such pro-rata payments shall however not exceed the total amount quoted by the

Bidder in his bid and incorporated in the Contract.

46.0 DEDUCTIONS FROM CONTRACT PRICE

All costs, damages or expenses which the Owner may have paid, for which

under the Contract the Contractor is liable, or any other retention award will be

claimed by the Owner. All such claims shall be billed by the Owner to the

Contractor regularly as and when they fall due. Such bills shall be supported by

appropriate and certified vouchers or explanations, to enable the Contractor to

properly identify such claims. Such claims shall be paid by the Contractor within

thirty (30) days of the receipt of the corresponding bills and if not paid by the

Contractor within the said period, the Owner may then deduct the amount, from

any monies due or becoming due by him to the Contractor under the Contract

or may be recovered by sections of Law or otherwise.

47.0 Terms of Payment

The payment for materials to be supplied and erected shall be made as under

only after execution of the contract documents/furnishing of Security Deposit

and on execution of substation work.

47.1 For supply

(i) 80% of supply value for each consignment of Line / Sub-Station material

including bolt nuts and accessories on submission of invoice along with

100% GST, duties, F & I shall be paid from corporate office within

days from actual material receipt date mentioned in SR Note after

verifying the following documents.

Seal & Signature of Bidder

A. Tax invoice.

B. Delivery challan.

C. Endorsed RR / LR copy.

D. Dispatch clearance certificate / letter wherever applicable.

E. E Way Bill, if applicable

(ii) 10% payment out of balance 20% shall be released from corporate office

on completion of Line / Substation work, handing over and preliminary

acceptance certificate issued by the Site Engineers in charge after

rectification work if any. Supply to be made as per approved drawing/

(iii) Balance10% of supply value shall be paid from corporate office on

successful commissioning of Sub-Station / Line against completion

certificate and only after settlement of material account statement of

items supplied, used, erected and successful commissioning is settled

for complete job and will be released only after passing of final bill.

47.2 For erection and Civil works.

(i) 90% payment of amount claimed covering various activities such as

excavation, foundation, erection, earthing, stringing of bus bar and earthwire

including insulator hoisting works against R.A. bills duly certified by EIC within

30 days from the date of R.A. bill.

(ii) Balance 10% of erection value shall be paid within 30 days against

commissioning of Line/ Substation only after settlement of material account

statement of items supplied, used, erected and successful commissioning of

Sub-Station/ line the same amount will be release in final bill only and

payment will be made only after passing of final bill.

(iii) If net payable amount is more than Rs 5.0 Lacs, payment will be released

from circle office/corporate office.

47.3 As mentioned in clause no. 47.1 & 47.2 the payment will be released within

days. However, in case of any delay due to any eventuality no interest charges

47.4 Welfare Cess

The modality of payment/ reimbursement of welfare cess will be as under.

 On receipt of A/T, the contractor / bidder will get them registered under Welfare

Cess Act and submit the documentary evidence to the concern office.

 Before release of payment of first R.A.Bill, the contractor has to submit the

documentary evidence of registration. Only thereafter, the bill will be processed

 Before release of payment of subsequent R.A.Bills, the contractor has to submit

the documentary evidence of payment of welfare cess of previous R.A.Bill.

Seal & Signature of Bidder

 Before release of payment of Final Bill, the contractor has to submit the

documentary evidence of payment of welfare cess of previous R.A.Bill as well

as the final bill.

 If the R.A.Bill happens to be first and final bill, then before release of payment,

contractor has to submit documentary evidence of registration under Welfare

Cess Act and evidence of payment of welfare cess.

 The welfare cess shall be reimbursed to the contractor on submission of copy

of documentary evidence of payment by observing due formalities.

48.0 TAKING DELIVERY AND INSURANCE:

48.1 The contractor has to keep the materials in safe custody and transport to the

respective sites and will be fully responsible for any damage to or loss of all

materials at any stage during transportation or erection till taking over of the line

48.2 The Contractor has to open site store and ensure for safe custody of all the

stored materials at his own cost.

48.3 The Contractor shall have total responsibility for the entire materials stored,

loose, semi assembled and/or erected by him at site in his custody. The

Contractor shall make suitable security arrangements at his own cost to ensure

the protection of all materials, equipment and works from theft, fire pilferage and

any other damages and loss. It shall be the responsibility of the contractor to

arrange for security till the works are finally taken over by the GETCO.

48.4 STORAGE-CUM-INSURANCE:

The contractor shall take suitable storage-cum-erection insurance cover at his cost

to the extent of 100 % cost of the materials, which are required to complete the

work. Contractor shall have to take comprehensive insurance policy against any

loss, damage, theft, pilferage, fire etc. for the complete period of storage, erection

and commissioning up to the time of taking over of the line by GETCO. The

Contractor shall deal directly and pursue the claim with the Insurance Company

and shall be responsible in regard to maintenance of all insurance coverage as

well as for settlement of claim. The proof of insurance policy taken by the

successful Contractor shall be furnished to Engineer-In-Charge. In absence of the

above insurance policy, R.A. Bill payment will be withheld.

48.5 In the event of any damage, theft, loss, pilferage, fire etc., Contractor will be

responsible to lodge, pursue and settle all the claims with the Insurance Company

for all items, materials and the GETCO shall be kept informed about it. Contractor

shall replace the lost / damaged materials / items promptly irrespective of the

settlement of the claims by underwriter and ensure that the work progress is as per

agreed schedule. The loss, if any, such replacement will have to be borne by the

Contractor and GETCO will not entertain any claim / representation in this regard.

However, it will be contractor's responsibility to insure the entire project till the line

/ substation is taken over by the GETCO.

49.0 Insurance:

The Bidder’s insurance liabilities pertaining to the scope of Works are detailed

out in Clauses titled Insurance Bidder’s attention is specifically invited to these

Seal & Signature of Bidder

clauses. Bid price shall include all the costs in fulfilling all the insurance liabilities

under the Contract.

49.1 The Contractor at his cost shall arrange, secure and maintain all insurance as

may be pertinent to the Works and obligatory in terms of law to protect his

interest and interests of the Owner against all perils detailed herein. The form

and the limit of such insurance as defined herein together with the under-writer

in each case shall be acceptable to the Owner. However, irrespective of such

acceptance, the responsibility to maintain adequate insurance coverage at all

time during the period of Contract shall be of Contractor alone. The

Contractor’s failure in this regard shall not relieve him of any of his contractual

responsibilities and obligations. The insurance covers to be taken by the

Contractor shall be in the joint name of the Owner and the Contractor. The

Contractor shall, however, be authorized to deal directly with Insurance

Company or Companies and shall be responsible in regard to maintenance of

all insurance covers. Further the insurance should be in freely convertible

49.2 Any loss or damage to the equipment during handling, transportation, storage,

erection, putting into satisfactory operation and all activities to be performed till

the successful completion of commissioning of the equipment shall be to the

account of the Contractor. The Contractor shall be responsible for preference

of all claims and make good the damages or loss by way of repairs and/or

replacement of the equipment, damaged or lost. The transfer of title shall not

in any way relieve the Contractor of the above responsibilities during the period

of Contract. The Contractor shall provide the Owner with copy of all insurance

policies and documents taken out by him in pursuance of the Contract. Such

copies of documents shall be submitted to the Owner immediately after such

insurance coverage. The Contractor shall also inform the Owner in writing at

least sixty (60) days in advance regarding the expiry/cancellation and/or change

in any of such documents and ensure revalidation, renewal etc., as may be

necessary well in time.

49.3 The perils required to be covered under the insurance shall include, but not be

limited to fire and allied risks, miscellaneous accidents (erection risks) workman

compensation risks, loss or damage in transit, theft, pilferage, earth quake, riot

and strikes and malicious damages, civil commotion, weather conditions,

accidents of all kinds, etc. The scope of such insurance shall be adequate to

cover the replacement/reinstatement cost of the equipment for all risks up to

and including delivery of goods and other costs till the equipment is delivered

at Site. The insurance policies to be taken should be on replacement value

basis and/or incorporating escalation clause. Notwithstanding the extent of

insurance cover and the amount of claim available from the underwriters, the

Contractor shall be liable to make good the full replacement/rectification value

of all equipment/materials and to ensure their availability as per project

49.4 All costs on account of insurance liabilities covered under the Contract will be

on Contractor’s account and will be included in Contract Price, However, the

Owner may from time to time, during the pendency of the Contract, ask the

Contractor in writing to limit the insurance coverage, risks and in such a case,

the parties to the Contract will agree for a mutual settlement, for reduction in

Contract price to the extent of reduced premia amount. The Contractor, while

arranging the insurance shall ensure to obtain all discounts on premia which

Seal & Signature of Bidder

may be available for higher volume or for reason of financing arrangement of

49.5 The clause entitled ‘Insurance’, covers the additional insurance requirements

for the portion of the works to be performed at the Site.

50.0 Contract Quality assurance:

50.1 The Bidder shall include in his proposal the Quality Assurance Program

containing the overall quality management and procedures which he proposes

to follow in the performance of the Works during various phases as detailed in

relevant clause of the General Technical Conditions.

50.2 At the time of Award of Contract, the detailed Quality Assurance Program to be

followed for the execution of the Contract will be mutually discussed and

agreed and such agreed Program shall form a part of the Contract.

50.3 The Bidder shall clearly specify the list of sub-vendors from whom the bought

out items are being supplied. Such details shall be accompanied by their list of

previous supplies made performance reports etc. However, in case of orders

are placed, specific approval shall be obtained from the owner for the vendor

supplied materials. The quality assurance program shall be furnished for each

material separately for approval.

51.0 Erection Tools And Tackles:

The Bidder under a separate schedule, in his proposal shall include a list of all-

special equipment tools & tackles etc. which he proposes to bring to site for the

purpose of erection, handling, testing and commissioning including

performance and guarantee tests of the equipment. However, such tools

tackles brought to the site for purpose of erection, handing testing &

commissioning shall remain property of the contractor and can be taken back

after completion of the work.

52.0 Brand Names:

52.1 The specific reference in these specifications and documents to any

material/equipment by brand name make or catalogue number shall be

construed as establishing standards of quality and performance and not as

limiting competition. However, Bidders may offer other similar

material/equipment provided they meet the specified standard, design and

performance requirements. The Bidder shall furnish adequate technical

information about such alternative material equipment to enable the Owner to

determine its acceptability. The Owner shall be the sole judge on the

acceptability or otherwise of such alternatively material/equipment.

52.2 The bidder shall note that standards for workmanship material and equipment,

and reference to brand name of catalogue numbers designed by the Owner in

its Technical Specifications are intended to be descriptive only and not

restrictive. The Bidder may substitute alternative standards, brand name and/or

catalogue numbers in its bid, provided that it demonstrates to the Owner’s

satisfaction that the substitutions are substantially equivalent or superior to

those designed in the Technical Specification.

Seal & Signature of Bidder

53.0 CONTRACT DOCUMENTS

53.1 The term Contract Documents shall mean and include the following which shall

be deemed to form an integral part of the Contract:

a) Invitation to Bid including letter forwarding the Bidding Documents,

General Terms and Conditions of Contract and all other documents

included under Part I and the Special Conditions of Contract.

b) Specifications of the equipment to be furnished and erected under the

Contract as brought out in the accompanying Technical Specifications.

c) Contractor’s Bid Proposal and the documents attached there to including

the letters of clarifications thereto between the Contractor and the Owner

prior to the Award of Contract except to the extent of repugnancy.

d) All the materials, literature, data and information of any sort given by the

Contractor along with his bid, subject to the approval of the Owner

e) Letter of Award and any agreed variations of the conditions of the

documents and special terms and conditions of Contract, if any.

53.2 In the event of any conflict between the above mentioned documents the matter

shall be referred to the Engineer whose decision shall be considered as final

and binding upon the parties.

54.0 USE OF CONTRACT DOCUMENTS AND INFORMATION

54.1 The Contractor shall not, without the Owner’s prior written consent, disclose the

Contract, or any provision thereof, or any specification, plan, drawing, pattern,

sample or information furnished by or on behalf of the Owner in connection

therewith, to any person other than a person employed by the Contractor in the

performance of the Contract. Disclosure to any such employed person shall be

made in confidence and shall extend only so far as may be necessary for the

purpose of such performance.

54.2 The Contractor shall not, without the Owner’s prior written consent, make use

of any document or information enumerated in various Contract documents

except for the purpose of performing the Contract.

54.3 The Contractor shall not communicate or us in advertising, publicity, sales

releases or in any other medium, photographs or other reproduction of the

Works under this Contract, or descriptions of the site, dimensions, quantity,

quality or other information, concerning the works unless prior written

permission has been obtained from the Owner.

54.4 Any document, other than the Contract itself, enumerated in various Contract

documents shall remain the property of the Owner and shall be returned (in all

copies) to the Owner on completion of the Contractor’s performance under the

Contract if so required by the Owner.

55.0 CONSTRUCTION OF THE CONTRACT

Seal & Signature of Bidder

55.1 Notwithstanding anything stated elsewhere in the bid documents, the Contract

to be entered into will be treated as a divisible Civil, Supply and Erection

Contract. Award shall be placed on the successful Bidder as follows:

i) First Contract: For supply of all equipment and materials the site.

ii) Second Contract: For providing all other services like storage at site, handling

at site, installation, testing, pre-commissioning and commissioning including

performance testing in respect of all the equipment material supplied under the

“second Contract” and any other equipment/materials given by the owner for

transport from owner’s stores, insurance, unloading storage handling at site

installation testing & commissioning.

55.2 In case of divisible supply and erection Contract, or where the Owner hands

over his equipment to the Contractor for executing, then the Contractor shall at

the time of taking delivery of the equipment/dispatch documents be required to

execute an Indemnity Bond in favour of the Owner in the form acceptable to the

GETCO for keeping the equipment in safe custody and to utilize the same

exclusively for the purpose of the said Contract. Samples of proforma for the

Indemnity Bond will be furnished during award of Contract.

55.3 The Contract shall in all respects be construed and governed according to

55.4 It is clearly understood that the total consideration for the Contract(s) has been

broken up into various components only for the convenience of payment under

the Contract(s) and for the measurement of deviations or modifications under

the Contract(s).

56.0 JURISDICTION OF CONTRACT

56.1 The laws applicable to the Contract shall be the laws in force in India. The

Courts of Vadodara shall have exclusive jurisdiction in all matters arising under

57.0 EXECUTION OF CONTRACT :

57.1 The Owner, after the issue of the Letter of Award to the Contractor, will send

one copy of the final agreement to the Contractor for his scrutiny and approval.

57.2 The Agreement, unless otherwise agreed to, shall be signed within 30 days of

the acceptance of the Letter of Award, at the office the Owner at Vadodara on

a date and time to be mutually agreed. The Contractor shall provide for signing

of the Contract, Performance Guarantee, appropriate power of attorney and

other requisite materials. In case the Contract is to be signed beyond the

stipulated time, the Bid Guarantee submitted with the Proposal will have to be

extended accordingly.

57.3 The Agreement will be signed in copies to be specified and the Contractor shall

be provided with one signed original and the rest will be retained by the Owner.

57.4 The Contractor shall provide free of cost to the Owner all the Engineering data,

drawings, and descriptive materials submitted with the bid including soft copy,

to form a part of the Contract immediately after issue of Letter of Award.

Seal & Signature of Bidder

57.5 Subsequent to signing of the Contract, the Contractor at his own cost shall

provide the Owner with copies of agreement within fifteen (15) days after the

signing of the Contractor.

58.0 ENFORCEMENT OF TERMS

58.1 The failure of either party to enforce at any time any of the provisions of this

Contract or any rights in respect thereto or to exercise any option therein

provided, shall in no way be construed to be a waiver of such provisions, rights

or options or in any way to affect the validity of the Contract. The exercise by

either party of any of its rights herein shall not preclude or prejudice either party

from exercising the same or any other right it may have under the Contract.

59.0 COMPLETION OF CONTRACT

59.1 Unless otherwise terminated under the provisions of any other relevant clause,

this Contract shall be deemed to have been completed on the expiry of the

guarantee period as provided for under the clause entitled ‘Guarantee’.

60.0 REPLACEMENT OF DEFECTIVE PARTS AND MATERIALS

60.1 If during the performance of the Contract, the Engineer shall decide and inform

in writing to the Contractor that the Contractor has manufactured any

equipment, material or part of equipment unsound and imperfect or has

furnished any equipment inferior to the quality specified, the Contractor on

receiving details of such defects or deficiencies shall at his own expense within

seven (7) days of his receiving the notice, or otherwise, within such time as may

be reasonably necessary for making it good, proceed to alter, reconstruct or

remove such works and furnish fresh equipment/materials up to the standards

of the specifications.

In case, the Contractor fails to do so, the Engineer may on giving the Contractor

seven (7) days’ notice in writing of his intentions to do so, proceed to remove

the portion of the works so complained of and at the cost of the Contractor

perform all such Works or furnish all such equipment/ material provided that

nothing in this clause shall be deemed to deprive the Owner of or affect any

rights under the Contract which the Owner may otherwise have in respect of

such defects and deficiencies.

60.2 The Contractor’s full and extreme liability under this clause shall be satisfied by

the payment to the Owner of extra cost, of such replacement procured including

erection as provided for in the Contract, such extra cost being the ascertained

difference between the price paid by the Owner for such replacements and the

Contract Price by portion for such defective equipment/materials/works and

repayments of any sum paid by the Owner to the Contractor in respect of such

defective equipment/material. Should the Owner not so replace the defective

equipment/materials the Contractor’s extreme liability under this clause shall be

limited to repayment of all sums paid by the Owner under the Contract for such

defective equipment/materials.

61.0 PATENT RIGHTS AND ROYALTIES

Royalties and fees for patents covering materials, articles, apparatus, devices,

equipment or processes used in the works shall be deemed to have been

included in the Contract Price. The Contractor shall satisfy all demands that

Seal & Signature of Bidder

may be made at any time for such royalties or fees and he alone shall be liable

for any damages or claims for patent infringements and shall keep the Owner

indemnified in that regard. The Contractor shall, at his own cost and expense,

defend all suits or proceedings that may be instituted for alleged infringement

of any patents involved in the Works, and, in case of an award of damages, the

Contractor shall pay for such award. In the event of any suit or other

proceedings instituted against the Owner, the same shall be defended at the

cost and expense of the Contractor who shall also satisfy/comply with any

decree, order or award made against the Owner. But it shall be understood

that no such machine, plant, work, material or thing has been used by the

Owner for any purpose or any manner other than that for which they have been

furnished and installed by the Contractor and specified under these

specifications. Final payment to the Contractor by the Owner will not be made

while any such suit or claim remains unsettled. In the event any apparatus or

equipment, or any part thereof furnished by the Contractor, is in such suit or

proceedings held to constitute infringement, and its use is enjoined, the

Contractor shall at his option and at his own expense, either procure for the

Owner, the right to continue the use of said apparatus, equipment or part

thereof, replace it with non-infringing apparatus or equipment or modify it, so it

becomes non-infringing.

62.0 DEFENCE OF SUITS

If any action in court is brought against the Owner or Engineer or an officer or

agent of the Owner, for the failure, omission or neglect on the part of the

Contractor to perform any acts, matters, covenants or things under the

Contract, or for damage or injury caused by the alleged omission or negligence

on the part of the Contractor, his agents, representatives or his Sub-

Contractors, or in connection with any claim based on lawful demands of Sub-

Contractors, workmen, suppliers or employees, the Contractor shall in all such

cases indemnify and keep the Owner, and the Engineer and/or his

representative, harmless from all losses, damages, expenses or decrees

arising of such action.

63.0 LIMITATION OF LIABILITIES

The final payment by the Owner in pursuance of the Contract shall mean the

release of the Contractor from all his liabilities under the Contract. Such final

payment shall be made only at the end of the Guarantee/Warranty period, and

till such time as the Contractual liabilities and responsibilities of the Contractor,

shall prevail. All other payments made under the Contract shall be treated as

on-account payments. The aggregate liabilities are limited up to the total

contract value.

64.0 ENGINEER’S DECISION

64.1 In respect of all matters which are left to the decision of the Engineer including

the granting or with-holding of the certificates, the Engineer shall, if required to

do so by the Contractor, give in writing a decision thereon.

64.2 If, in the opinion of the Contractor, a decision made by the Engineer is not in

accordance with the meaning and intent of the Contract, the Contractor may file

with the Engineer, within fifteen (15) days after receipt of the decision, a written

objection to the decision.

Seal & Signature of Bidder

Failure to file an objection within the allotted time will be considered as an

acceptance of the Engineer’s decision and the decision shall become final and

64.3 The Engineer’s decision and the filing of the written objection thereto shall be a

condition precedent to the right to request arbitration. It is the intent of the

Agreement that there shall be no delay in the execution of the works and the

decision of the Engineer as rendered shall be promptly observed.

65.0 POWER TO VARY OR OMIT WORK

65.1 No alterations, amendments, omissions, suspensions or variations of the Works

(hereinafter referred to as ‘variation’) under the Contract as detailed in the

Contract Documents, shall be made by the Contractor except as directed in

writing by the Engineer, but the Engineer shall have full powers subject to the

provisions hereinafter contained, from time to time during the execution of the

Contract, by notice in writing to instruct the Contractor to make such variation

without prejudice to the Contract. The Contractor shall carry out such variation

and be bound by the same conditions as far as applicable as though the said

variations occurred in the Contract Documents. If any suggested variations

would, in the opinion of the Contractor, if carried out, prevent him from fulfilling

any of his obligations or guarantees under the Contract, he shall notify the

Engineer thereof in writing and the Engineer shall decide forthwith whether or

not, the same shall be carried out and if the Engineer confirms his instructions,

the Contractor’s obligations and guarantees shall be modified to such an extent

as may be mutually agreed. Any agreed difference in cost occasioned by any

such variation shall be added to or deducted from the Contract Price as the

65.2 In the event of Engineer requiring any variation, a reasonable and proper notice

shall be given to the Contractor to enable him to work his arrangement

accordingly, and in cases where goods or materials are already prepared or

any design, drawings or pattern made or work done as per the contract requires

to be altered, a reasonable and agreed sum in respect thereof shall be paid to

the Contractor.

65.3 In any case in which the Contractor has received instructions from the Engineer

as to the requirement of carrying out the alterations or additional or substituted

work which either then or later on, will in the opinion of the Contractor, involve

a claim for additional payment, the Contractor shall immediately and in no case

later than thirty (30) days, after receipt of the instructions aforesaid and before

carrying out the instructions, advise the Engineer to that effect. But the

Engineer shall not become liable for payment of any charges in respect of any

such variations, unless the instructions for the performance of the same shall

be confirmed in writing by the Engineer.

65.4 If any variation in the Works results in reduction of Contract Price, the parties

shall agree, in writing, so to the extent of any change in the price, before the

Contractor proceeds with the change.

65.5 In all the above cases, in the event of a disagreement as to the reasonableness

of the said sum, the decision of the Engineer shall prevail.

Seal & Signature of Bidder

65.6 Notwithstanding anything stated above in this clause, the Engineer shall have

the full power to instruct the Contractor, in writing, during the execution of the

Contract to vary the quantities of the items or groups of items in accordance

with the provisions of clause entitled ‘Change of Quantity’ in section GCC. The

Contractor shall carry out such variations and be bound by the same conditions

as though the said variations occurred in the Contract Documents. However,

the Contract Price shall be adjusted at the rates and the prices provided for the

original quantities in the Contract.

66.0 ASSIGNMENT AND SUB-LE TTING OF CONTRACT

66.1 The Contractor may, after informing the Chief Engineer & getting written

approval, assign or sub-let the Contract or any part thereof other than for raw

material, for minor items or for any part of the plant for which makes are

identified in the Contract. Suppliers of the equipment not identified in the

Contract or any change in the identified suppliers shall be subject to approval

by the Chief Engineer. The experience of equipment vendors under

consideration by the Contractor for this Contract shall be furnished to the Chief

Engineer for approval prior to procurement of all such items/equipment. Such

assignment/sub-letting shall not relieve the Contractor from any obligation, duty

or responsibility under the Contract. Any assignment as above, without prior

written approval of Chief Engineer, shall be void.

In case of Erection activity, the contractor may after getting written approval

from Chief Engineer, assign or sublet any part of erection or as a whole. To do

so contractor have to apply for such subletting with a clear proposal stating

details & experience of the subletting agency, along with the tender or within

days from the date of LOI & decision thereof will be conveyed within 30 days

thereafter by GETCO. The proposed erection agency shall have experience of

executing similar job of voltage class of 66kV & above and value equivalent to

erection portion during last five years. The decision of competent authority in

this regard shall remain final and binding to the agency.

66.2 For components/equipment procured by the Contractor for the purposes of the

Contract, after obtaining the written approval of the Owner, the Contractor’s

purchase specifications and enquiries shall call for quality plan to be submitted

by the suppliers along with their Proposals. The quality plans called for from

the Vendors shall set out, during the various stages of manufacture and

installation, the quality practices and procedures followed by the Vendors’

quality control organization, the relevant reference document/standard used,

acceptance level, inspection documentation raised, etc. Such quality plans of

the successful vendors shall be discussed and finalized in consultation with the

Engineer and shall form a part of the Purchase Order/Contract between the

Contractor and the Vendor. Within three weeks of the release of the Purchase

Orders/Contracts for such bought out items/components a copy of the same

without price details but together with detailed purchase specifications, quality

plans and delivery conditions shall be furnished to the Engineer by the

67.0 CHANGE OF QUANTITY

67.1 During the execution of the Contract, the Owner reserves the right to increase

or decrease the quantities of items under the Contract but without any change

in unit price or other terms & conditions. Such variations unless otherwise

specified in the accompanying GCC and/or Technical Specifications, shall not

Seal & Signature of Bidder

be subjected to any limitation for the individual items but the total variations in

all such items under the Contract shall be limited to the extent of 30%(Thirty

Percent) of the contract price by way of suitable amendment to the contract.

67.2 The Contract price shall accordingly be adjusted based on the unit rates

available in the Contract for the change in quantities as above. The base unit

rates, as identified in the Contract shall however remain constant during the

currency of the Contract, in case the unit rates are not available for the change

in quantity, the same shall be subjected to mutual agreement.

67.3 As this is an EPC contract, Design will be done by the Contractor. Responsibility

of material will be that of the contractor.

68.0 PACKING, FORWARDING AND SHIPMENT

68.1 The Contractor, wherever applicable, shall after proper painting, pack and crate

all equipment in such a manner as to protect them from deterioration and

damage during rail and road transportation to the Site and storage at the Site

till the time of erection. The Contractor shall be held responsible for all

damages due to improper packing.

68.2 The Contractor shall notify the Owner of the date of each shipment from his

works, and the expected date of arrival at the Site for the information of the

68.3 The Contractor shall also give all shipping information concerning the weight,

size and content of each packing including any other information the Owner

68.4 The following documents shall be sent by registered post to the Owner within

three days from the date of shipment, to enable the Owner to make progressive

payments to the Contractor: -

Application for payment in the standard format of the Owner

Pre-dispatch clearance certificate, if any

Test Certificate, wherever applicable

Insurance Certificate

68.5 The Contractor shall prepare detailed packing list of all packages and

containers, bundles and loose materials forming each and every consignment

dispatched to Site.

The Contractor shall further be responsible for making all necessary

arrangements for loading, unloading and other handling right from his works up

to the Site and also till the equipment is erected, tested and commissioned. He

shall be solely responsible for proper storage and safe custody of all equipment.

69.0 CO-OPERATION WITH OTHER CONTRACTORS AND CONSULTING

The Contractor shall agree to cooperate with the Owner’s other Contractors and

Consulting Engineers and freely exchange with them such technical information

Seal & Signature of Bidder

as is necessary to obtain the most efficient and economical design and to avoid

unnecessary duplication of efforts. The Engineer shall be provided with three

copies of all correspondence addressed by the Contractor to other Contractors

and Consulting Engineers of the Owner in respect of such exchange of

technical information, wherever needed.

70.0 NO WAIVER OF RIGHTS

Neither the inspection by the Owner or the Engineer or any of their officials,

employees, or agents nor any order by the Owner or the Engineer for payment

of money or any payment for or acceptance of, the whole or any part of the

Works by the Owner or the Engineer, nor any extension of time, nor any

possession taken by the Engineer shall operate as a waiver of any provision of

the Contract, or of any power herein reserved to the Owner or any right to

damages herein provided nor shall any waiver of any breach in the Contract be

held to be a waiver of any other or subsequent breach.

71.0 CERTIFICATE NOT TO AFFECT RIGHT OF OWNER AND LIABILITY OF

THE CONTRACTOR.

No interim payment certificate of the Engineer, nor any sum paid on account by

the Owner, nor any extension of time for execution of the Works granted by the

Engineer shall affect or prejudice the rights of the Owner against the Contractor

or relieve the Contractor of his obligation for the due performance of the

Contract, or be interpreted as approval of the Works done or of the equipment

furnished and no certificate shall create liability for the Owner to pay for

alterations, amendments, variations or additional works not ordered, in writing

, by the Engineer or discharge the liability of the Contractor for the payment of

damages whether due, ascertained, or certified or not or any sum against the

payment of which he is bound to indemnify the Owner, nor shall any such

certificate nor the acceptance by him of any sum paid on account or otherwise

affect or prejudice the rights of the Owner against the Contractor.

72.0 PROGRESS REPORTS

During the various stages of the work in pursuance of the Contract, the

Contractor shall at his own cost submit periodic progress reports as may be

reasonably required by the Engineer with such materials as, in approved MS

PROJECT, charts, net-works, photographs, test certificates, etc. Such progress

reports shall be on monthly base for supply items & fortnightly for erection

activities in the form and size as may be required by the Engineer.

73.0 TAKING OVER

Upon successful completion of all the tests and commissioning by the

Contractor, the Engineer shall issue to the Contractor a Taking Over Certificate

(TOC) as a proof of the final acceptance of the equipment. Such certificate shall

not unreasonably be withheld nor will the Engineer delay the issuance thereof

on account of minor omissions or defects which do not affect the commercial

operation and/or cause any serious risk to the equipment. Such certificate shall

not relieve the Contractor of any of his obligations which otherwise survive, by

the terms and conditions of the Contract after issue of such certificate.

Seal & Signature of Bidder

In the event of completion of pre commissioning tests carried out jointly, if

energization of the substation is prevented for reasons not attributable to the

successful bidder, the Preliminary Acceptance Certificate shall be given within

30 days of pre commissioning tests prior to Taking Over Certificate (TOC).

74.0 RISK DISTRIBUTION--TRANSFER OF TITLE

74.1 Transfer of title in respect of equipment and materials supplied by the

Contractor to GETCO pursuant to the terms of the Contract shall pass on to

GETCO with negotiation of dispatch documents.

74.2 This Transfer of Title shall not be construed to mean the acceptance and the

consequent “Taking Over” of equipment and materials. The Contractor shall

continue to be responsible for the quality and performance of such equipment

and materials and for their compliance with the specifications until “Taking

Over” and the fulfillment of guarantee provisions of this Contract.

74.3 This Transfer of Title shall not relieve the Contractor from the responsibility for

all risks of loss or damage to the equipment and materials as specified under

the clause entitled “Insurance” of this Section.

75.0 LIABILITY FOR ACCIDENTS AND DAMAGES

Under the Contract, the Contractor shall be responsible for loss or damage to

the plant until the successful completion of commissioning as defined

elsewhere in the Bid document.

76.0 DEMURRAGE, WHARFAGE, ETC.

All demurrage, wharf age and other expenses incurred due to delayed

clearance of the material or any other reason shall be to the account of the

77.0 FORCE MAJEURE

77.1 Force majeure is herein defined as any cause which is beyond the control of

the Contractor or the Owner as the case may be, which they could not foresee

or with a reasonable amount of diligence could not have foreseen and which

substantially affects the performance of the Contract, such as:

a. Natural phenomena, including but not limited to floods, droughts,

earthquakes and epidemics;

b. Acts of any Government, domestic or foreign, including but not limited to

war, declared or undeclared, priorities, guarantees, embargoes.

Provided either party shall within fifteen (15) days from the occurrence of such

a cause notify the other in writing of such causes.

77.2 The Contractor or the Owner shall not be liable for delays in performing his

obligations resulting from any force majeure cause as referred to and/or defined

Seal & Signature of Bidder

The date of completion will, subject to hereinafter provided, be extended by a

reasonable time even though such cause may occur after Contractor’s

performance of obligation has been delayed due to other causes.

78.0 SUSPENSION OF WORK

78.1 The Owner reserves the right to suspend and reinstate execution of the whole

or any part of the Works without invalidating the provisions of the Contract.

Orders for suspension or reinstatement of the Works will be issued by the

Engineer to the Contractor in writing. The time for completion of the works will

be extended for a period equal to duration of the suspension.

78.2 Any necessary and demonstrable cost incurred by the Contractor as a result of

such suspension of the works will be paid by the Owner, provided such costs

are substantiated to the satisfaction of the Engineer. The Owner shall not be

responsible for any liabilities if suspension or delay is due to some default on

the part of the Contractor or his Sub-Contractor.

79.0 CONTRACTOR`S DE FAULT

79.1 If the Contractor shall neglect to execute the works with due diligence and

expedition or shall refuse or neglect to comply with any reasonable order given

to him, in writing by the Engineer in connection with the works or shall

contravene the provisions of the Contract, the Owner may give notice in writing

to the Contractor to make good the failure, neglect or contravention complained

of. Should the contractor fail to comply with the notice within thirty (30) days

from date of serving the notice, then and in such case the Owner shall be at

liberty to employ other workmen and forthwith to execute such part of the works

as the Contractor may have neglected to do or if the Owner shall think fit,

without prejudice to any other right he may have under the Contract to take the

work wholly or in part out of the Contractor’s hands and re-contract with any

other person or persons to complete the works or any part thereof and in that

event the Owner shall have free use of all Contractor’s equipment that may

have been at the time on the Site in connection with the works without being

responsible to the Contractor for fair wear and tear thereof and to the exclusion

of any right of the Contractor over the same, and If the sum that the

Contractor is entitled to be paid plus the costs incurred by the Owner in

completing the works, exceeds the Contract Price or the entire works if

entire works have been completed or the price for part of the works if part

of the works have been completed, the Contractor shall be liable for such

If such excess in greater than the sums due to the Contractor, the

Contractor shall pay the balance to the Owner and if such excess is less

than the sums due to the Contractor, Owner shall pay the balance to the

Contractor. For facilitating such payment, Owner shall encash the Bank

Guarantees of Contractor available with Owner/s and retain such other

payments due to the Contractor under Contract in question or any other

Contract that the Owner/s may have with the Contractor. Such payment of

excess amount shall be independent of the liquidated damages for delay which

the Contractor shall have to pay if the completion of work is delayed.

Seal & Signature of Bidder

79.2 In addition, such action by the Owner as aforesaid shall not relieve the

Contractor of his liability to pay liquidated damages for delay in completion of

79.3 Such action by the Owner as aforesaid the termination of the Contract under

this clause shall not entitle the Contractor to reduce the value of the Contract

Performance Guarantee nor the time thereof. The Contract Performance

Guarantee shall be valid for the full value and for the full period of the Contract

including guarantee period.

80.0 TERMINATION OF CONTRACT ON OWNER`S INITIATIVE

80.1 The Owner reserves the right to terminate the Contract either in part or in full

due to reasons other than those mentioned under clause entitled ‘Contractor’s

Default’. The Owner shall in such an event give fifteen (15) days’ notice in

writing to the Contractor of his decision to do so.

80.2 The Contractor upon receipt of such notice shall discontinue the work on the

date and to the extent specified in the notice, make all reasonable efforts to

obtain cancellation of all orders and Contracts to the extent they are related to

the work terminated and terms satisfactory to the Owner, stop all further sub-

contracting or purchasing activity related to the work terminated, and assist

Owner in maintenance, protection, and disposition of the works acquired under

the Contract by the Owner.

In the event of such a termination the Contractor shall be paid compensation,

equitable and reasonable, dictated by the circumstances prevalent at the time

of termination.

80.3 If the Contractor is an individual or a proprietary concern and the individual or

the proprietor dies and if the Contractor is a partnership concern and one of the

partners dies then unless the Owner is satisfied that the legal representatives

of the individual Contractor or of the proprietor of the propriety concern and in

the case of partnership, the surviving partners, are capable of carrying out and

completing the Contract the Owner shall be entitled to cancel the Contract as

to its in completed part without being in any way liable to payment of any

compensation to the estate of deceased Contractor and/or to the surviving

partners of the Contractor’s firm on account of the cancellation of the Contract.

The decision of the Owner that the legal representatives of the deceased

Contractor or surviving partners of the Contractor’s firm cannot carry out and

complete the Contract shall be final and binding on the parties. In the event of

such cancellation the Owner shall not hold the estate of the deceased

Contractor and/or the surviving partners of the estate of the deceased

Contractor and/or the surviving partners of the Contractor’s firm liable to

damages for not completing the Contract.

81.0 FRUSTRATION OF CONTRACT

81.1 In the event of frustration of the Contract because of supervening impossibility

in terms of Section 56 of the Indian Contract Act, parties shall be absolved of

their responsibility to perform the balance portion of the Contract, subject to

provisions contained in sub-clause 84.3 below.

Seal & Signature of Bidder

81.2 In the event of non-availability or suspension of funds for any reasons,

whatsoever (except for reason of willful or flagrant breach by the Owner) and/or

Contractor then the works under the Contract shall be suspended.

Furthermore, if the Owner is unable to make satisfactory alternative

arrangements for financing to the Contractor in accordance with the terms of

the Contract within three months of the event, the parties hereto shall be

relieved from carrying out further obligations under the Contract treating it as

frustration of the Contract.

81.3 In the event referred to in sub-clauses 81.1& 81.2 above the parties shall

mutually discuss to arrive at reasonable settlement on all issues including

amounts due to either party for the work already done on quantum merit basis

which shall be determined by mutual agreement between the parties.

82.0 GRAFTS AND COMMISSIONS ETC.

Any graft, commission, gift or advantage given, promised or offered by or on

behalf of the Contractor or his partner(s), agent(s), officer(s), director(s),

employee(s) or servant(s) or any one on his or their behalf in relation to the

obtaining or to the execution of this or any other Contract with the Owner, shall

in addition to any criminal liability which it may incur, subject the Contractor to

the cancellation of this and all other Contracts and also to payment of any loss

or damage to the Owner resulting from any cancellation. The Owner shall then

be entitled to deduct the amount so payable from any monies otherwise due to

Contractor under the Contract.

Definition of terms:

“Tribunal” means the Gujarat Public Works Contracts Disputes Arbitration Tribunal

constituted under the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act,

83.0 DISPUTE RESOLUTION MECHANISM

83.1 Amicable Settlement:

Any dispute, difference, controversy or claim between the Parties arising out of or

relating to this contract, including interpretation, breach, termination or validity

(hereinafter referred to as “Dispute”), shall, upon written request of either Party, be

referred to the authorized representatives of the Disputing Parties for resolution. The

authorized representatives shall promptly meet and attempt to negotiate in good faith a

resolution of the Dispute within thirty (30) days of the service of the request.

83.2 Arbitration Under the Gujarat Public Works Contracts Disputes Arbitration Tribunal

If the Parties fail to amicably resolve the Dispute as per Clause 83.1 above, or if contrary

claims remain unresolved, then, notwithstanding anything to the contrary elsewhere in

the Contract, the same shall be referred to arbitration under the provisions of the Gujarat

Public Works Contracts Disputes Arbitration Tribunal Act, 1992 (hereinafter referred to

as “the Act”) as amended from time to time, and the rules framed thereunder. The

decision, award and proceedings of the Tribunal shall be final, binding and conclusive

upon the parties, subject only to such remedies as may be available under the Act and

any other applicable law in force.

Seal & Signature of Bidder

83.3 Continuity of Performance:

During the pendency of any Dispute or arbitration proceedings, both Parties shall

continue to perform their respective obligations under the Contract.

83.4 Non-Affectation of Powers:

Reference to any Dispute resolution procedure, including arbitration, shall not affect the

right of the Owner and/or Engineer-in-Charge to take possession of or utilize the

Contractor’s tools, plants, materials, stores or works as per the terms and conditions of

the Contract, nor shall it entitle the Contractor to stop the progress of work or affect the

Owner’s rights under the Contract to get work executed through alternate means, if so

required under the contract.

83.5 Limitation:

Neither Party shall be entitled to invoke dispute resolution or arbitration under this

clause later than thirty (30) days after the expiration of the defects liability period, unless

otherwise provided under the Act.

84.0 ARBITRATION

All arbitration matters are governed by Clause 83.0 above, in compliance with the

Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 and GUVNL

84.1 All disputes or differences in respect of which the decision, if any, of the

Engineer has not become final or binding as aforesaid shall be settled by

arbitration in the manner hereinafter provided.

84.1.1 The arbitration shall be conducted by three arbitrators, one each to be

nominated by the Contractor and the Owner and the third to be appointed as

an umpire by both the arbitrators in accordance with the Indian Arbitration Act.

If either of the parties fails to appoint its arbitrator within sixty (60) days after

receipt of a notice from the other party invoking the Arbitration clause, the

arbitrator appointed by the party invoking the arbitration clause shall become

the sole arbitrator to conduct the arbitration.

84.1.2 The arbitration shall be conducted in accordance with provisions of Indian

Arbitration Act 1996 or latest amendment thereof.

84.2 The decision of the majority of the arbitrators shall be final and binding upon

The arbitrators may, from time to time with the consent of all the parties enlarge

the time for making the award. In the event of any of the aforesaid arbitrators

dying, neglecting, resigning or being unable to act for any reason, it will be

lawful for the party concerned to nominate another arbitrator in place of the

outgoing arbitrator.

84.3 The arbitrator shall have full powers to review and/or revise any decision,

opinion, direction, certification or valuation of the Engineer in accordance with

the Contract, and neither party shall be limited in the proceedings before such

arbitrators to the evidence or arguments put before the Engineer for the

purpose of obtaining the said decision.

Seal & Signature of Bidder

84.4 No decision given by the Engineer in accordance with the foregoing provisions

shall disqualify him as being called as a witness or giving evidence before the

arbitrators on any matter whatsoever relevant to the dispute or difference

referred to the arbitrators as aforesaid.

84.5 During settlement of disputes and arbitration proceedings, both parties shall be

obliged to carry out their respective obligations under the Contract.

84.6 All questions, disputes or differences, whatsoever which may at any time arise

between the parties to this contract in connection with the contract or any matter

arising out of or in relation there to shall be referred to the “Gujarat public works

contracts disputes arbitration tribunal” as per the provisions of the Gujarat

public works contracts disputes arbitration tribunalact,1992.

The reference to arbitration proceedings under this clause shall not

a) Affect the right of the Engineer -in charge to take possession of all or any

tools, plants, materials and stores, in or upon the work or site thereof or

belonging to the contractor or procured by him and intended to be used

for the execution of the work or any part thereof.

b) Preclude the Engineer-in charge from utilizing the materials purchased

by the Contractor in any work or from removing such materials to other

place, during the period the work is stopped or suspended in pursuance

of notice given to the contractor under General Conditions.

c) Entitle the contractor to stop the progress of the work or carrying out the

additional or altered work in accordance with the prevision of General

Conditions for the work where there are no specifications.

d) Preclude the GETCO from getting the work done by another agency.

Neither party is entitled to bring a claim to arbitration latest by thirty days

after the expiration of the defects liability period. The provisions of the

Arbitration Act,1992, Gujarat Public Works Contract Disputes Arbitration

Tribunal Act, 1992, and rules made there under shall apply to the

arbitration proceeding under this clause. “

85.0 RECONCILIATION OF ACCOUNTS

The Contractor shall prepare and submit every two months, a statement

covering payments claimed and the payments received vis-à-vis the works

executed, for reconciliation of accounts with the Owner. The Contractor shall

also prepare and submit a detailed account of Owner Issue materials received

and utilized by him for reconciliation purpose in a format to be discussed &

finalized with the Owner before the award of Contract.

86.0 LABOUR LAWS:

86.0.1 Persons below the age of 18 years shall not be employed for the work. No

female worker shall be employed in the night shift between 07.00 p.m. and

06.00 a.m. next day.

86.0.2 Contractor shall maintain a valid labour license under the contract Labour

(Regulation and abolition) Act for employing necessary manpower required by

him. In the absence of such license, the contract shall be liable to be terminated

without assigning any reason thereof.

Seal & Signature of Bidder

86.0.3 The Contractor shall at his own expenses comply with all labour laws and keep

the GETCO indemnified in respect thereof. Some of the major liabilities under

various labour and industrial laws which the Contractor shall comply with, are

i) Payment of contribution by way of Employer’s Contribution towards

provident Fund, Family Pension Scheme, Deposit Linked Insurance

Scheme, Administrative charges, etc. at the rates made applicable from

time to time by the Government of Gujarat / Government of India or other

Statutory Authority.

ii) Payment of deposit in respect of each contract labour at the rate of Rs.

30/- or later prevailing rate with the Office of Commissioner of Labour as

per the Contract Labour (Regulation and Abolition) Act.

iii) License fee as prescribed under the Contract Labour (Regulation and

Abolition) Act and Rules framed there under depending upon the number

iv) Paid leave facility and wages as per the provision of the Factories Act at

the rate of one day for every 20 days of working.

v) Identity cards as prescribed under the Factories Act with photo affixed

thereto, for identification.

vi) Payment of retrenchment compensation, Notice Pay and other liabilities

as per Industrial Dispute Act. Any payment to the Contractor’s employee

arising out of any claim of disputes under the Industrial Disputes Act

1947 or any other Labour Laws.

vii) Payment of compensation in case of accidental injury.

viii) Provision of crèche if the female laborers employed are more than

ix) Maternity Leave as per the provisions of the Maternity Benefit Act.

The above are some of the major liabilities of the Contractor in addition to other

liabilities prescribed under the various labour laws, in force from time to time, from

Statutory Authorities like State Government/ Government of India, which the

Contractor shall have to comply with.

86.1 PROVIDENT FUND AND FAMILY PENSION SCHEME:

The Contractor shall submit along with his bills (month wise) a statement

regarding deduction against employees Provident Fund and Family Pension

Scheme in respect of each concerned employee. Provident Fund and Family

pension Scheme at the rate of 18% (or at the rate made applicable by the

Government from time to time of the wages. The Contractor’s contribution and

his worker’s contribution towards Provident Fund and Family Pension Scheme

shall be deposited by the Contractor with Regional Provident Fund

Commissioner, Ahmedabad.

86.2 DEPOSIT LINKED INSURANCE SCHEME

The contractor shall have to deposit ½ % of the wages in respect of employees

who is a member of the Provident Fund, as the contribution to the Deposit

Linked Insurance Scheme with Regional Provident Fund Commissioner,

86.3 ADMINISTRATIVE CHARGES:

Seal & Signature of Bidder

Administrative charges for maintaining Provident Fund Account shall be

deposited by the Contractor with Regional Provident Fund Commissioner,

Ahmedabad at the rates applicable.

86.4 PAID LEAVE FACILITY:

Paid Leave Facility at the rate of one day for every twenty days worked by the

Contract Labour, shall be provided by the Contractor to his workers. He shall

maintain Leave Records, Leave Cards, for individual laborer which shall be duly

verified, approved and certified by the authorized Officer of the GETCO.

86.5 WORKMAN’S COMPENSATION FUND AND EMPLOYER’S LIABILITY

The contractor shall cover all his employees under workmen’s compensation

fund and under the liability insurance. The purchaser shall not be responsible

for any payments of compensation to the workers/supervisor of the contractor

for fatal or non-fatal accidents during the pendency of the contract.

86.6 The contractor shall employ adequate number of experienced skilled at site for

daily supervision and for maintenance of various registers and records required

under the law and contract. No payment for supervision shall be admissible.

86.7 CONTRCTOR TO INDEMNIFY THE GETCO:

The Contractor shall Indemnify the GETCO and every member officer and

employees of the GETCO also, Engineer-in-Charge and his staff against all

actions, proceedings, claims, demands, costs and expenses whatsoever,

arising out of or in connection with the matters referred herein above elsewhere

and against all actions, proceedings, claims, demands, costs and expenses

which may be made against the GETCO or Government for or in respect of

performance of his obligation under the contract documents. The GETCO shall

not be liable for intervention of authority Government for or in respect of

performance of his obligation under the contract documents. The GETCO shall

not be liable for or in respect of or in consequence of any accident or injury to

any workman or other person in the employment of the Contractor or his Sub-

Contractor and the contractor shall indemnify and keep indemnified the GETCO

against all claims, demands, proceedings, cost, charges and expenses

whatsoever in respect thereof or in relation thereto.

86.8 WORKMEN’S COMPENSATION AND EMPLOYER’S LIABILITY

Insurance shall be effected for all the Contractor’s employee engages in the

performance of this contract. If any of the work is sublet, the Contractor shall

require the Sub-Contractor to provide workmen’s employer’s liability insurance

for the latter’s employees, such employees shall be covered under the

Contractor’s Insurance.

86.9 WAGES TO BE PAID & TIME OF PAYMENT ETC. BY THE CONTRACTOR

a) The Contractor shall pay minimum wages per day to his Labours/ Workers as

per rates fixed under the minimum wages act. The wages of every Contract

Labour employed by him under this contract shall also be paid by him before

the expiry of 7th day of the last day of the month in respect of the wages are

payable (i.e. wages of a month have to be paid by him in the first week of the

Seal & Signature of Bidder

next month). Any default will result in cancellation of contract forthwith or else

the contractor shall be punishable to the extent of Rs. 100/- per each day or as

per the prevailing rules of labour laws.

b) The Contractor shall give his Telephone Number and Address to the GETCO,

so that, in case of labour trouble etc. the Contractor can be contacted. The

Contractor shall arrange to have his office outside the factory work premises

and the Contractor shall arrange to have his office outside the factory work

premises and the Contractor shall keep himself present throughout the working

86.10 REGISTRATION WITH PROVIDENT FUND OFFICE

I) The separate P.F. code issued from P.F. commissioner is required to be taken

ii) If the contractor does not possess separate P.F. code number of RPFC, his

tender will not be considered for acceptance.

iii) The contractor should mention separate P.F. code number allotted by RPFC,

along with the tender.

87.0 Termination of Contract:

In case of contractor fails to deliver the stocks or any consignment thereof within

contractual period of delivery or in case the stores are found not in accordance

with prescribed specification and/or the approved sample, the GETCO shall

exercise its discretionary power either:

87.1 To recover, from the contractor as agreed, by way of penalty clause above, or

87.2 To purchase from elsewhere after giving due notice to the contractor on account

and at the risk of the contractor for such stores not so delivered or other similar

description without canceling the contract in respect of the consignment not yet

due for delivery

88.00 To cancel the contract.

In the event of the risk purchase of stores of similar description, the opinion of

the GETCO shall be final. In the event of action taken under clause above, the

contractor shall be liable to pay for any loss which the GETCO may sustain on

that account, but the contractor shall not be entitled to have any saving on such

purchases made against default.

The decision of the GETCO shall be final as regards to the acceptability of stores

supplied by the contractor and the GETCO shall not be required to give any

reason in writing or otherwise at any time for rejection of the stores.

89.0 MATCHING OF END COST:

In case the GETCO decides to award contract on matching end-cost basis,

the bidder has to reduce all the quoted rates proportionately. The reduction

on overall basis will not be accepted (i.e. all unit rates of erection schedule

shall be reduced proportionately by difference in percentage). The

confirmation for matching end cost shall be given within 7 (seven) days from

the letter from GETCO.

90.0 VENDOR REGISTRATION:

Seal & Signature of Bidder

All new bidders / Vendors have to register themselves with the GETCO by

paying Rs.10,000/- (Non-refundable) plus GST as applicable. Regular

suppliers are registered automatically looking to their performance. They

shall have to fill up a prescribed form attached herewith within two months

giving basic details of their set up, turn over, ISO certification, etc. However,

they shall have to re-register by paying Rs.10,000/-(Non-Refundable) plus

GST as applicable after 05 years from 01/03/2001. Factory inspection for

new entrants is a must. Factory inspection shall be conducted for the period

of every 2 years from where the supplier is supposed to supply the

materials. This new rule shall come in to force after 06 months from

01/03/2001 so that party gets enough time for registration. However, in the

meantime all the New Vendors shall have to pay Rs. 10,000/-(Non-

refundable) plus GST as applicable towards registration fees as explained

above, before submission of bids and the proof of the same may be given

with the technical bid otherwise tender will be ignored out rightly.

Vendor registration up to tender value of Rs.1 Lac (One Lac) for the new

entrant is not required. However, Rs.1000/- plus GST as applicable towards

Vendor registration shall be payable for the tender value between Rs.1 Lac

and including up to Rs.5 Lacs. Vendor registration beyond Rs.5 lacs will be

applicable and shall have to pay Rs.10,000/- plus GST as applicable for

new entrant as specified above.

If the New Vendors are already registered by paying of Rs.10,000/- (Non-

Refundable), then it is requested to please quote the Vendor Registration

Number date in Annexure–“X” which is attached with the tender and also

enclose the copies of Money Receipt and vendor registration letter in the

If the tendered is new & not registered with the GETCO, then they should

Pay Rs.10,000/- plus GST as applicable before opening of the tender itself

and the copy of Money Receipt should be submitted in the EMD Cover,

otherwise their tender will be ignored without any further communication in

91.0 INTRODUCTION OF LEAVY OF TCS.

TCS @ 0.075% / 0.1% will be payable extra subject to fulfilment of the conditions

of sub section (1H) of section 206C of Income Tax Act, 1961. The format of

undertaking is attached in the tender.

92.0 Deduction of TDS under GST:

“TDS under GST @ 2 % (1 % CGST & 1 % SGST or 2 % IGST, as applicable)

or at the applicable rate from time to time, will be deducted from the bill of the

Suppliers / Contractors at the time of credit or payment. TDS certificates in the

prescribed format will be issued as per prescribed rules under GST.”.

93.0 Bidder should follow the GOI guideline of ‘Restrictions under rule 144 (xi) of the

General Financial Rules (GFRs), 2017 vide office memorandum no.

F.No.6/18/2019-PPD Dt: 23.07.2020. The copy of subject memorandum is

attached in technical specification of Tender.

Seal & Signature of Bidder

94.0 INCOME TAX (TDS)

 TDS under Income Tax will be deducted on purchase of goods by GETCO @

0.1% of the sum exceeding Rs. 50 lacs u/s 194Q from the bill of