Work of conductor, insulator, hardware & earthwire replacement of 66kV Madhavpur – Gorsar Windfarm D/C line No. 1 & 2 of M/s. Suzlon under Option-1 under Keshod AM Division of Junagadh Circle

4 Estimated Cost including GST Rs

(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 and scanned copy of the same to

be submitted online.

6 Tender Fee (Non-refundable) Rs.

in Rs. Non-Refundable (Incl. GST-18%, Rs. 1,800.00)

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

NEFT / online /Cash only.

2. Submission of tender is online only.

7 Time Limit 06 (Six) months from the date of LOA.

8 On line (E-tendering) tender /

offer submission last date up 18-07-2026

to 16.00 hours only (This is

9 Physical submission of Tender

fees, EMD (Offline/Physical

& Original copy – if

submitted by DD / Banker’s

cheque / Pay order or Bank No physical submission.

Guarantee, to be submitted

in original / physical copy in

EMD cover as a mandatory

requirement and scanned

copy of the same to be

Seal & Signature of Bidder

submitted online) and

Integrity pact, last date up to

15.00 hours. By RPAD or

SPEED POST only.

10 Date of opening of Tender fee,

EMD cover, and QR bid on

line opening at 16.00 Hours.

11 Percentage basis.

12 Prices FIRM PRICE basis except Price Variation applicable on

(i)ACSR Dog conductor(ii) Hardware & Accessories of

ACSR Dog conductor & Earth wire

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

Additional Chief Engineer (Procurement & Contracts)

Seal & Signature of Bidder

Document Part Page No.

1. Notice Invited Tender - I

2. General Conditions of Contract GCC I

3. Erection Conditions of Contract ECC I

Special Conditions of Contract

with Declaration Form

5. Technical Specifications (EPC) TSP II

Technical Data Sheets and

General Data Schedules

Seal & Signature of Bidder

CLAUSE TITLE PAGE

TENDER SPECIFICATION NUMBER

NOTICE INVITED TENDER

INDEX FOR SPECIFICATION

GENERAL CONDITION OF CONTRACT (GCC)

1 GENERAL PARTICULAR

2 DEFINITION OF TERMS

5 SCOPE OF THE PROPOSAL AND WORK

6 PROJECT PARTICULARS

7 Bidding Costs

8 BID DOCUMENTS

9 Knowing the Bid Documents

10 Clarifications on Bid Documents

11 Amendment of bidding document

12 PREPARATION OF BIDS

13 Local Conditions

14 Documents comprising the bids

17 Goods & Service Tax

18 Time schedule

19 Contract quality assurance

21 Erection tools and tackles

23 Bid security / EMD

25 Signature of bid

26 Sealing and marking of bid

27 Deadline for submission of bids

29 Modification and withdrawal of bid

30 Information required with proposal

31 Opening of bid by owner

32 Purpose of evaluation of bid

33 Preliminary examination of bid

34 Evaluation of bid

35 Calculation of differential price

36 Award of contract

37 Owner’s right

38 Notification of award

39 Signing of contract

40 Contract performance guarantee

41 Language and measures

42 Contract documents

43 Use of contract documents

44 Construction of contract

45 Jurisdiction of contract

46 Execution of contract

Seal & Signature of Bidder

47 Enforcement of terms

48 Completion of contract

49 Time essence of contract

50 Effectiveness of contract

51 Penalty for delay

53 Taxes permission and license

54 Replacement of defective parts

55 Patent right and royalties

56 Defense of suit

57 Limitation of liability

58 Engineer decision

59 Power to omit the work

60 Assessment and sub-letting of contract

61 Change of quantity

62 Packing and forwarding

63 Cooperation with other contractor

64 No waiver rights

65 Certification to affect right

66 Progress report

68 Contract performance guarantee

70 Payment schedule

71 Deduction from contract price

72 Transfer of title

74 Liabilities for accident and damages

75 Delay by owners

76 Damage / war fell

77 Force majeure

78 Suspension of work

79 Contracts default

80 Termination of contract on owner initiation

81 Frustration of contract

82 Graft and commission

83 Settlement of disputes

85 Reconciliation of account

86 Terms of Payment

87 Taking delivery and insurance

88 Contract quality assurance

89 Termination of contract

90 Cancellation of contract

92 Registration with P.F. Office

94 Deduction of TDS under GST

95 INCOME TAX (TDS)

97 Relationship with employee

98 Conflict of Interest

99 Use of ‘Call Before u Dig’ (CBuD) mobile application:

100 Responsibility for correctness of the information

Seal & Signature of Bidder

CLAUSE NO. TITLE Page

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 MATERIALS HANDLING AND STORAGE

19 CONSTRUCTION MANAGEMENT

20 FIELD OFFICE RECORDS

21 CONTRACTOR’S MATERIALS BROUGHT TO SITE

22 PROTECTION OF PROPERTY AND CONTRACTOR’S LIABILITY

24 UNFAVOURABLE WORKING CONDITIONS

25 PROTECTION OF MONUMENTS AND REFERENCE POINTS

26 WORK & SAFETY REGULATIONS

27 CODE REQUIREMENTS

Seal & Signature of Bidder

CLAUSE NO. TITLE PAGE

SPECIAL CONDITIONS OF CONTRACT (SCC)

1 General particulars

3 Earnest money deposit

4 Confirmation by bidder

5 Qualifying requirement

6 Additional documents

7 Price inclusion

8 Security Cum Performance Guarantee

9 Guarantee Period

10 Penalty for delay

11 Completion period

12 Presentation of bill

13 Price variation

14 Penalty Clause

15 As Built Tower Schedule

16 Interse Reverse Bidding

17 Right of the Owner

Performa for Contract Agreement

Format for Bank Guarantee of EMD (Bid Security)

Bidding Schedules

Seal & Signature of Bidder

GENERAL TERMS AND CONDITIONS OF CONTRACT

1.0 General Particulars

The Gujarat Energy Transmission Corporation Ltd., Baroda hereinafter called ‘GETCO’/

‘OWNER’ intends to receive bids for “Work of conductor, insulator, hardware & earthwire

replacement of 66kV Madhavpur – Gorsar Windfarm D/C line No. 1 & 2 of M/s. Suzlon under

Option-1 under Keshod AM Division of Junagadh Circle.; including Supply of 66kV

Silicone Rubber Insulators, ACSR Dog conductor , Hardware & Accessories for ACSR

Dog conductor, 24/48F OPGW cable / Earth wire & it’s hardware & Joint box for OPGW

etc on EPC basis all 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 DEFINITION OF TERMS

2.1 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

2.2 ‘Owner’ shall mean the Gujarat Energy Transmission Corporation Ltd Vadodara or

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

and shall include its legal representatives, successors and assigns.

2.3 ‘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.

2.4 ‘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.

2.5 ‘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.

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

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

2.7 ‘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.

2.8 ‘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

2.9 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.

2.10 The term ‘Contract Price’ shall mean the lump-sum 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.

Seal & Signature of Bidder

2.11 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 etc.

2.12 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.

2.13 ‘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.

2.14 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.

2.15 ‘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.

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

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

Award has been issued.

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

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

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

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

signature and/or seal as the case may be.

2.20 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.

2.21 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.

2.22 ‘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.

2.23 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.

2.24 ‘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.

Seal & Signature of Bidder

2.25 ‘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.

2.26 ‘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.

2.27 ‘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.

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.

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

the context so requires.

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

associations or bodies of individuals, whether incorporated or not.

2.30 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.

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

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

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

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

2.32 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.

Seal & Signature of Bidder

2.33 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,

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

3.0 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.

5.0 Scope of the proposal and Work

5.1 The Scope of the proposal shall be on the basis of a single Bidder’s responsibility,

completely covering all the supply, erection & commissioning of transmission line

specified under the accompanying Technical Specifications. It will include among

others as specified therein the following: -

a) Detailed Engineering of all materials.

b) Complete manufacture 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, erection, testing and commissioning of all the equipments.

g) Reliability tests and performance and guarantee tests on completion of

5.2 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.

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

and hence rejected.

5.4 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.

5.5 This specification covers the detailing, supply, erection & commissioning and handing

over in ready to switch on condition to GETCO of complete, including fixing of

accessories, 400kV and 220/132/66KV transmission line on turnkey basis.

5.6 The scope for “Work of conductor, insulator, hardware & earthwire replacement of 66kV

Madhavpur – Gorsar Windfarm D/C line No. 1 & 2 of M/s. Suzlon under Option-1 under

Keshod AM Division of Junagadh Circle; shall Supply of 66kV M/C Tower Materials

including Bolt Nuts, ACSR Dog conductor , Hardware & Accessories for ACSR

Dog Conductor, OPGW cable / Earth wire and it’s hardware’s, 66kV Silicon rubber

Seal & Signature of Bidder

Insulators (90KN Suspension & 90KN Tension Type), Erection and

Commissioning of 66kV D/C Transmission line on D/C Tower, Check Survey &

Profiling using modern techniques with PLS-CADD Software, Pile foundation,

Excavation, Stub-Setting, Erection of Towers normal and normal with extension,

Stringing of 02 circuits of 66KV line Conductor on D/C tower, OPGW/earth wire

including, laying, jointing, tensioning, clamping with armor rod, hoisting of

insulator string, fixing of jumpers, vibration dampers etc with required tree

cutting on entire line for adequate clearance and safe charging of line on turnkey

modality(under EPC)basis with taking away the Old conductor/Earth wire

including Hardware Except Insulator including way leave clearance.

5.7 It is the responsibility of the GETCO for complete way leave clearance for

execution of work and compensation for Right of Way / Way Leave / Tree-Crop

damages etc. to be paid as per GoG guideline dated 01-03-2024.

Moreover, All the procedure regarding RoW (Right of Way) compensation is to

be carried out by Agency is as follows:

a) Identification of Land Owner, their Land Survey No. with supporting

documents i.e. 7/12 Utara, etc.

b) Handing over / distribution of Notice to concern land owners.

c) Plotting of line route on tikka map.

d) Preparation of “Panchnama Case” and follow-up with concern Sarpanch

/ Talati / Mamlatdar or concern Revenue Authority as well as Land

Owners / Farmers for their signature & thereof.

e) Preparation of RoW case for submission of Office of the District

Magistrate, etc. and also follow-up with them.

f) Follow-up with concern authority for getting statutory approvals

including Police Department.

6.0 PROJECT PARTICULARS

Name of the Project:

“Work of conductor, insulator, hardware & earthwire replacement of 66kV

Madhavpur – Gorsar Windfarm D/C line No. 1 & 2 of M/s. Suzlon under Option-1

under Keshod AM Division of Junagadh Circle”

1. System Voltage and : 66kV

2. System of Earthing Pipe type /Counter poise earthing

3. Rated frequency : 50 Hz ± 5%

7.0 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

8.0 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:

Seal & Signature of Bidder

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)

e. Technical Data Sheets (TDS-Part II)

9.0 Knowing the Bid Documents

9.1 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.

10.0 Clarifications on Bid Documents

10.1 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 the due date of opening of technical bid. 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.

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

employee (s) or his representative(s) will not in anyway be binding on the Owner.

11.0 Amendment of bidding document:

11.1 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).

11.2 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 or otherwise.

11.3 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.

11.4 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.

12.0 PREPARATION OF BIDS

12.1 Language of Bid:

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

Seal & Signature of Bidder

passages. Failure to comply with this may disqualify a bid. For purposes of

interpretation of the bid, the English translation shall govern.

12.2 Bid Format

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

without adding any printed/typewritten text of their own.

13.0 Local Conditions:

It is the responsibility of the GETCO for complete way leave clearance for

execution of work and compensation for Right of Way / Way Leave / Tree-Crop

damages etc. to be paid as per GoG guideline dated 01-03-2024.

Moreover, All the procedure regarding RoW (Right of Way) compensation is to be

carried out by Agency is as follows:

a) Identification of Land Owner, their Land Survey No. with supporting

documents i.e. 7/12 Utara, etc.

b) Handing over / distribution of Notice to concern land owners.

c) Plotting of line route on tikka map.

d) Preparation of “Panchnama Case” and follow-up with concern Sarpanch

/ Talati / Mamlatdar or concern Revenue Authority as well as Land

Owners / Farmers for their signature & thereof.

e) Preparation of RoW case for submission of Office of the District

Magistrate, etc. and also follow-up with them.

f) Follow-up with concern authority for getting statutory approvals

including Police Department.

13.1 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.

13.2 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

14.0 Documents comprising the Bid:

Requirements etc. furnished in the Bidding Documents.

14.2.1 The Bidder shall also submit documentary evidence to establish that the Bidder meets

the Qualification Requirements as detailed in Special Conditions of Contract and

(Detail of transmission line work executed with copy of completion certificate).

14.3 All Tender Documents/ formats are to be returned completed and filled in all respects

and signed by the Company Authorized Signatory wherever specified.

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

Seal & Signature of Bidder

15.0 Bid Price:

F.O.R. Destination prices for Goods, the price for erection, testing and

commissioning, price for associated civil, structural works and other services it

proposes to furnish under the contract, EXCLUDING GST and Cess along with the

total bid price.

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.

15.2 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:

1. Prices quoted should be FIRM except for supply of items for which Price variation

will be applicable as per clause no: 13 of the SCC, Part-I of the tender 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 which is a must. The rate of GST shall 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.

2. 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, 2017 and similar provisions, applicable under UTGST Act, 2017 and the IGST

Act, 2017. However, classification Codes under different segments or portions of

the Works Contract, may be specified separately.

3. The Tenderer should invariably indicate the total unit end cost price 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.

4. 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 have to

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

15.3 The bidder’s separation of price components in accordance with clause 15.2 supra

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.

15.4 The Bidder shall specifically note that the Tenders are invited on percentage based

15.5 The bidder must furnish the price break up in statement for each item as

prescribed in the price bid (Part- III). The total price derived as per price break

up must be matched with quoted price. Tender will be ignored on non-

submission of prescribed statement.

Seal & Signature of Bidder

16.0 Price Basis:

16.1 The Price shall be quoted on firm basis except for supply of items for which Price

variation will be applicable as per clause no: 13 of the SCC, Part – I of the tender.

16.2 The Price quoted by the bidder shall remain fixed for all the items except for items

for which Price variation will be applicable as per clause no:13, Part – I of the SCC,

Part – I of the tender; 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.

17.0 Goods and Service Tax (GST):

17.1 The F.O.R. Destination prices are excluding GST and Cess at the rate of 9% CGST

plus 9% SGST or 18% IGST, under the GST Law or as applicable to the contract for

composite supply under the category of Works Contract from time to time which will

be paid extra on a given taxable goods and/or services within the original contractual

delivery period. (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 ancillary legislations).

17.2 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

17.3 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. 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.

17.4 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 /

17.5 Further, the Company has a right to recover the amount of GST along with penal

interest at the rate of 15% per annum or any other amount charged by GST Dept.

whichever is higher 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 time limit.

17.6 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.

17.7 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

Seal & Signature of Bidder

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 time to time.

17.8 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.

17.9 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.

17.10 Notwithstanding the tax liabilities as per the sub-clause 17.9 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.

17.11 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.

17.12 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.

17.13 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. 7.5 of SCC.

17.14 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.

17.15 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.

17.16 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.

Seal & Signature of Bidder

17.17 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

17.18 In addition, the conditions detailed under Special Conditions of Contract shall apply.

18.0 Time Schedule:

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

the time schedule for performing the specified works.

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

accompanying Special Conditions of Contract.

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

of the major factors in consideration of the bids.

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

award discussions with successful bidder.

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

Bar chart and finalize the same with the owner as per the requirement

19.0 Contract Quality assurance:

19.1 The Bidder shall include in his proposal the Quality Assurance Programme containing

the overall quality management and procedures which he proposes to follow in the

performance of the Works during various phases as detailed in relevant clause of the

General Technical Conditions.

19.2 At the time of Award of Contract, the detailed Quality Assurance Programme to be

followed for the execution of the Contract will be mutually discussed and agreed and

such agreed Programme shall form a part of the Contract.

19.3 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

20.0 Insurance:

The Bidder’s insurance liabilities pertaining to the scope of Works are detailed out in

Clauses titled Insurance, in General Terms and Conditions of Contract and in Erection

Conditions of this Part-I. Bidder’s attention is specifically invited to these clauses. Bid

price shall include all the costs in fulfilling all the insurance liabilities under the

21.0 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. If any such equipment is listed anywhere else in the proposal

and not specially mentioned in the above schedule, it shall be deemed to have been

included in the Bidder’s proposed scope of supply.

Seal & Signature of Bidder

22.0 Brand Names:

22.1 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.

22.2 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

23.0 Bid Security/EMD:

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

 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 under:-

 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.

23.2 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.

23.3.1 Any bid not secured in accordance with Para 23.1 above will be rejected by the

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

23.3.2 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.

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

performance guarantee

23.4 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:

Seal & Signature of Bidder

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)

24.0 Format of Bid:

24.1 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.

24.2 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 initialed by the person or persons signing the bid.

24.3 The Bidders must submit the qualifying data in one original and one duplicate copy as

required in this Instruction 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

(Name of the Package)

(Specification Number)

24.3.1 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 initialed

by the person or persons signing the bid.

24.4 Bids shall be submitted as under:

Cover-I Earnest Money Deposit (Bid-Security as per the format), as per

relevant clause no.3 of SCC duly signed and Contractor’s covering

Cover-II Qualifying Requirements.

Cover-III Technical Bid

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

Requirement Sheets as per Part-II. (Cover I, II and III will be collectively called

Technical Bid).

25.0 Signature of Bids:

25.1 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

25.2 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).

25.3 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

Seal & Signature of Bidder

other person or persons authorized to bid on behalf of such Corporation/Company in

25.4 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

25.5 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

25.6 The Bidder’s name stated on the proposal shall be the exact legal name of the firm.

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

26.0 Sealing and marking of bids:

26.1 Cover-I 1. Bid No.

2. Due date for opening

3. Reference of earnest money deposit

Cover-II 1. Bid No.

2. Due date for opening.

3. Qualifying Requirements.

Cover-III 1. Bid No.

2. Due date for opening

3. Technical bid & reference and certificate as per Cl. 17.00 of SCC.

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 tender.

The original Bid and accompanying documents clearly marked “Original” 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 online documents and physical documents, the

online documents shall prevail and considered for evaluation.

The Bid shall be submitted by RPAD or through speed post services to the Office of

the CE (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

26.2 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”.

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

The Additional Chief Engineer (Procurement & Contracts)

GETCO, Sardar Patel Vidyut Bhavan, Race Course,

Seal & Signature of Bidder

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

“DO NOT OPEN BEFORE……………………

26.4 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”.

26.5.1 If the outer envelope is not sealed and marked as required by para 23.2 the Owner

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

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

27.0 Deadline for submission of bids:

27.1 The Bidders have the option of sending the bid by registered post or speed post

submitting the bid in person can not be taken as per prevailing condition of GETCO.

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

27.2.1 Bids must be received by the Owner at the address specified under para 26.3, not

later than the time & date mentioned in the Invitation to Bid.

27.2.2 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.

28.1 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

29.0 Modification and withdrawal of bids:

29.1 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.

29.2 The Bidder’s modification or withdrawal notice shall be prepared, sealed, marked and

dispatched in accordance with the provisions of clause 26.0. 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.

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

submission of bids.

29.4 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.

30.0 Information required with the proposal:

30.1 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,

Seal & Signature of Bidder

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.

30.2 The above information shall be provided by the Bidder in the form of separate sheets,

drawings, catalogues, etc. in five copies.

30.3 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.

30.4 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.

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

to provide additional information and data as deemed necessary by the Bidder.

30.6 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.

30.7 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

31.0 Opening of bids by owner:

31.1 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 representative who is present shall sign a register evidencing their

31.2 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.

31.3 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.

31.4 The Bidder’s name, lump sum 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.

31.5 No electronic recording/transmitting devices will be permitted during Bid opening.

31.6 The technical bid of those bidders will be consider who have submitted EMD cover

with DD for tender fee.

Seal & Signature of Bidder

32.0 Purpose of evaluation of bids:

32.1 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.

32(A) Policy for bids under consideration:

32.A.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.

32.A.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.

Preliminary Examination:

33.1 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.

33.2 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 the prices furnished in various price

schedules are consistent with each other. 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.

33.3 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.

Seal & Signature of Bidder

33.4 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-

33.5 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.

34.00 Evaluation of Price Bids:

34.1 Definitions and Meanings:

For the purpose of the evaluation and comparison of bids, the following meanings and

definition will apply: -

a) ‘Bid Price’ shall mean the price quoted by each Bidder in his proposal for the

complete scope of works.

b) ‘Differential Price’ shall mean the summation of the equalizing elements of price for

parameter differential or deficiencies in the equipment and services determined

from the Bidder’s proposal.

c) ‘Cost compensation for Deviations’ shall mean the rupee value of deviations from

the bidding document as determined from the Bidder’s proposal.

d) ‘Evaluated Bid Price’ shall be summation of ‘Bid Price’, ‘Differential Price’ and

‘Cost Compensation for Deviations.’

35.0 Calculation of differential Price & Cost Compensation for Deviations.

The Differential Price to be added to the Bid Price of each bid during evaluation and

comparison shall be derived as under:

Differential Price (DP)=n1F1+n2F2…..+nnFn, where F1, F2…..Fn are the various

factors in Indian Rupees per unit of parameter differential or deficiency in the

equipment and services offered as stipulated in these specifications: n1, n2…nn are

the respective parameter differential or deficiency in the corresponding units to be

determined from the Bidder’s proposal. The above factors and corresponding units of

parameter differential are derived from the Technical Specifications, Data sheets

and/or Special Conditions of Contract.

Deviations from the Bidding Documents in so far as practicable will be converted to a

Rupee value (D) and from the Bidding Document while evaluating the bids. In

determining the Rupee value of the deviations the Owner will use parameters

consistent with those specified in the specifications and documents and or other

information as necessary and available to the Owner.

35.1 Comparison of Bids

The bids shall be compared on the basis of lump sum prices (i.e., for supply portion

and price for services & civil works to be rendered as quoted by the Bidder) for the

entire scope of the proposal as defined in the Bidding Document.

For comparison purposes all the evaluated bid prices shall be in Indian Rupees as

W = Q + DP + D, Where

Seal & Signature of Bidder

W = Total Comparison Price

Q = Bid Price quoted by the bidder in Indian Rupees (Value of equipments/materials

Including taxes and duties plus components of erection cost including civil

engineering works & mandatory spares and other components if any.)

DP = Different price in Indian Rupees calculated as above

D = Cost compensation for deviations calculated as above.

All evaluated bid prices of all the bidders shall be compared among themselves to determine

the lowest evaluated bid and, as a result of this comparison, the lowest bid will be selected

for the award of the Contract.

AWARD OF CONTRACT

36.0 Award Criteria

36.1 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.

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

supply of goods, the second for erection & services (and third for civil engineering

works in substations).

36.3 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.

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

37.1 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.

38.0 Notification of award:

38.1 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

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

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

relevant clause 41.0, the Owner will promptly notify each unsuccessful Bidder and will

discharge its bid security, pursuant to Clause 23.0.

39.0 Signing of contract:

39.1 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.

39.2 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 along with clear acceptance latter.

Seal & Signature of Bidder

39.3 The Bidder will prepare the Contract Agreement and Indemnity Bond as per the

proforma prescribed and the same will be signed within 30 (Thirty) days of notification

40.0 Contract Performance Guarantee:

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

awarded, shall be required to furnish a performance guarantee in form of Bank

guarantee from a Public Sector Indian bank/Scheduled, Commercial Bank in the form

to be furnished. The guarantee amount shall be equal to ten percent (10%) of the

Contract price and it shall guarantee the faithful performance of the Contract in

accordance with the terms and conditions specified in these documents and

specifications. the guarantee shall be valid up to 90 days after the end of Warranty

40.2 The Performance Guarantee shall cover additionally the following guarantees to the

a) The successful Bidder guarantees the successful and satisfactory operation of the

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

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/Special Conditions of Contract.

40.3 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 documents.

40.4 The performance guarantee will be discharged without any interest at the end of

guarantee period, unless otherwise specified in Special Conditions of Contract.

41.0 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.

42.0 CONTRACT DOCUMENTS

42.1 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, Instructions

to Bidders, General Terms and Conditions of Contract and all other documents

included under Volume- 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.

Seal & Signature of Bidder

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 /Consultant.

e) Letter of Award and any agreed variations of the conditions of the documents

and special terms and conditions of Contract, if any.

42.2 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.

43.0 USE OF CONTRACT DOCUMENTS AND INFORMATION

43.1 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.

43.2 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.

43.3 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

43.4 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.

44.0 CONSTRUCTION OF THE CONTRACT

44.1 Notwithstanding anything stated elsewhere in the bid documents, the Contract to be

entered into will be treated as a composite contract for Supply and Erection under the

category of Works Contract. However, Separation of the Contract into Supply of

Goods and Services, is only for convenience and better economic management and

for the ease of Accountancy but the entire Contract, is to be assessed under GST

Law, as 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, 2017 or SGST Act, 2017 and similar

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

entire activity, would be subjected to levy of Tax, at the rate of 9% CGST + 9% SGST

or 18% IGST, under the GST Law. However, Classification Codes for different

segments or portions of the Works Contract, may be specified separately, in the

Supplies, with a final common Classification Code of Works Contract Service.

44.2 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 favor 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

Seal & Signature of Bidder

purpose of the said Contract. Samples of proforma for the Indemnity Bond will be

furnished during award of Contract.

44.3 The Contract shall in all respects be construed and governed according to Indian Laws.

44.4 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

45.0 JURISDICTION OF CONTRACT

45.1 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 this Contract.

46.0 EXECUTION OF CONTRACT:

46.1 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.

46.2 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.

46.3 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.

46.4 The Contractor shall provide free of cost to the Owner all the Engineering data,

drawings, and descriptive materials submitted with the bid, to form a part of the

Contract immediately after issue of Letter of Award

46.5 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

47.0 ENFORCEMENT OF TERMS

47.1 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 anyway 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.

48.0 COMPLETION OF CONTRACT

48.1 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’ in this section of the

GUARANTEES & LIABILITIES

Seal & Signature of Bidder

49.0 TIME – THE ESSENCE OF CONTRACT

49.1 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

49.2 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.

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

the Contractor as directed by the Engineer.

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

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

network. Such manufacturing programme shall be reviewed, updated and submitted

to the Engineer once every two months thereafter.

49.5 The above bar charts/manufacturing programme shall be compatible with the Owner’s

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

50.0 EFFECTIVENESS OF CONTRACT

The Contract shall be considered as having come into force from the date of the

notification of award unless otherwise provided in the notification of award.

51.0 PENALTY FOR DELAY

51.1 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 a sum specified

for each specified period of delay. The details of such penalty are brought out in the

accompanying Special Conditions of Contract (SCC).

51.2 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.

51.3 The total amount of penalty for delay under the Contract will be subject to a maximum

51.3 The total amount of penalty for delay under the Contract will be subject to a maximum

of 10% of the Contract prices plus GST as applicable detailed in the Special

Conditions of Contract (SCC).

52.1 The Contractor shall warrant that the equipment will be new, unused and in

accordance with the Contract documents and free from defects in material and

workmanship for a period of Sixty (60) calendar months commencing immediately

Seal & Signature of Bidder

upon the satisfactory commissioning. 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.

52.2 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.

52.3 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 Sixty (60) 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 risk and cost but without prejudice to any

other rights which the Owner may have against the Contractor in respect of such

52.4 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.

52.5 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.

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

Contractor of his obligations under this clause

52.7 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 programme of replacement or renewal, which will minimize

interruption to the maximum extent in the operation of the equipment.

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

defects. For latent defects, the Contractor’s liability 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 (more than 60 months) is provided by such Sub-Contractor, the Owner

shall be entitled to the benefits of such longer guarantee.

52.9 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.

Seal & Signature of Bidder

53.0 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

including GST, levies and taxes lawfully assessed against the Contractor for his

personal income & property only.

54.0 REPLACEMENT OF DEFECTIVE PARTS AND MATERIALS

54.1 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 upto 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.

54.2 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 he 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.

55.0 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 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.

Seal & Signature of Bidder

56.0 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.

57.0 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.

58.0 ENGINEER’S DECISION

58.1 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.

58.2 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.

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 binding.

58.3 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.

59.0 POWER TO VARY OR OMIT WORK

59.1 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 case may

Seal & Signature of Bidder

59.2 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.

59.3 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

59.4 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.

59.5 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.

59.6 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 of this Volume-I. 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

60.0 ASSIGNMENT AND SUB-LE TTING OF CONTRACT

60.1 The Contractor may, after informing the Engineer and getting his written approval,

assign or sub-let the Contract or any part thereof other than for raw material, for minor

details 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 subjected to approval by the Engineer. The experience

list of equipment vendors under consideration by the Contractor for this Contract shall

be furnished to the Engineer for approval prior to procurement of all such

items/equipment. Such assignment/sub-letting shall not relieve the Contractor of any

obligation, duty or responsibility under the Contract. Any assignment as above,

without prior written approval of Engineer, shall be void.

60.2 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

Seal & Signature of Bidder

specifications, quality plans and delivery conditions shall be furnished to the Engineer

by the Contractor.

61.0 CHANGE OF QUANTITY

61.1 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 Special Conditions of Contract and/or Technical Specifications, shall

not be subjected to any limitation for the individual items but the total variations in

all such items under the Contract shall be limited to a 30% (Thirty Percent) of

the Contract price as specified in the Special Conditions of Contract.

61.2 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,

except as provided for in Clause 33.0 below. In case the unit rates are not available

for the change in quantity, the same shall be subjected to mutual agreement.

62.0 PACKING, FORWARDING AND SHIPMENT

62.1 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.

62.2 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 Owner.

62.3 The Contractor shall also give all shipping information concerning the weight, size and

content of each packing including any other information the Owner may require.

62.4 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

62.5 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.

63.0 COOPERATION WITH OTHER CONTRACTORS AND CONSULTING ENGINEERS

The Contractor shall agree to cooperate with the Owner’s other Contractors and

Consulting Engineers and freely exchange with them such technical information 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

Seal & Signature of Bidder

Consulting Engineers of the Owner in respect of such exchange of technical

information, wherever needed.

64.0 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.

65.0 CERTIFICATE NOT TO AFFECT RIGHT OF OWNER AND LIABILITY OF THE

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.

66.0 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, charts, net-works, photographs, test

certificates, etc. Such progress reports shall be in the form and size as may be

required by the Engineer.

67.0 TAKING OVER

Upon successful completion of all the tests to be performed at Site on equipment

furnished and erected by the Contractor, the Engineer shall issue to the Contractor a

Taking Over Certificate 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.

CONTRACT SECURITY AND PAYMENTS

68.0 CONTRACT PERFORMANCE GUARANTEE

The Contractor shall furnish Contract Performance Guarantee(s) for the proper

fulfillment of the Contract in the prescribed form within fifteen (15) days of “issue of

LOA”. The performance guarantee(s) shall be as per terms prescribed.

Seal & Signature of Bidder

69.1 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.

69.2 Currency of Payment

All payments under the Contract shall be in Indian Rupees only.

Payment terms will be as prescribed in the special conditions of contract and on

fulfillment of conditions specified thereof.

69.4 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.

70.0 Payment Schedule

The Contractor shall prepare and submit to the Engineer for approval, a break up of

the Contract Price. This Contract Price break-up shall be interlinked with the agreed

detailed PERT network of the Contractor setting forth his starting and completion

dates for the various key phases of Works prepared as per conditions. Any payment

under the Contract shall be made only after the Contractor’s price break up is

approved by the Engineer. The aggregate sum of the Contractor’s price break up

shall be equal to the lump sum Contract Price. A price breakup over valuing those

items of supply which will be shipped first will not be accepted.

70.1 Application for Payment

70.2 The Contractor shall submit application for the payment in the prescribed proforma of

the Owner. Proforma for application for payment will be as prescribed.

70.3 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 upto the date mentioned in the application and for the period covered since

the last preceding certificate, if any.

Seal & Signature of Bidder

70.4 Every interim payment certificate shall certify the Contract value of the Works

executed upto 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

70.5 Mode of Payment

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.

70.6 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.

70.7 All payments under the Contract shall be made as stipulated in the Special Conditions

of 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

70.8 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 amounts quoted by the

all such pro-rata payments shall however not exceed the total amounts quoted by the

Bidder in his bid and incorporated in the Contract.

71.0 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.

RISK DISTRIBUTION

72.0 TRANSFER OF TITLE

72.1 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.

Seal & Signature of Bidder

72.2 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.

72.3 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.

73.1 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 currency.

73.2 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.

73.3 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, 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 upto 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 requirements.

73.4 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

Seal & Signature of Bidder

premia amount. The Contractor, while arranging the insurance shall ensure to obtain

all discounts on premia which may be available for higher volume or for reason of

financing arrangement of the project.

73.5 The clause entitled ‘Insurance’ under the section ECC of this Volume-I, covers the

additional insurance requirements for the portion of the works to be performed at the

73.6 Special Conditions of Contract details out the various insurance liabilities.

74.0 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 else where in the

75.0 DELAYS BY OWNER OR HIS AUTHORISED AGENTS

75.1 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.

Regarding reasonableness or otherwise of the extension of time, the decision of the

Engineer shall be final.

75.2 In addition, the Contractor shall be entitled to claim demonstrable and reasonable

compensation if such delays have resulted in any increase in cost. The Owner shall

examine the justification for such a request for claim and if satisfied, the extent of

compensation shall be mutually agreed depending upon the circumstances at the

time of such an occurrence.

76.0 DEMURRAGE, WHARF AGE, 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 Contractor.

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

b. Acts of any Government, domestic or foreign, including but not limited to war,

declared or undeclared, priorities, guarantees, and 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 above

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 DEFAULT

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 the 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 recontract

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

contactor 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 excess.

If such excess is 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 the 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 works is delayed.

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 Works as defined in

Clause 14.0 of this Section.

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

Seal & Signature of Bidder

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

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 uncompleted 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

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 46.3 below.

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 46.1 & 46.2 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.

Seal & Signature of Bidder

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.

RESOLUTION OF DISPUTES

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 Act, 1992:

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.

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:

Seal & Signature of Bidder

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

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.

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

Seal & Signature of Bidder

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 six 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 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 transmission line work.

86.1 For supply

(i) 80% of supply value for each consignment of material on submission of invoice

along with 100% GST, duties, F & I shall be paid within 30 days from the actual

material receipt date mentioned in SR Note after verifying the following

documents by field office and duly recorded.

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% of supply value shall be paid on completion of

erection & testing of the transmission line and completion certificate from

Engineer-in-charge and Chief Engineer (Procurement & Contracts)) or equivalent.

(iii) Balance 10% of supply value shall be paid on successful commissioning of

transmission line against completion certificate and only after settlement of

material account statement of items supplied, used, erected and successful

commissioning is settled for complete lot and balance 10% will be release only

after passing of final bill. No extra payment will be released for the tower

materials and line materials which are not required for completion of line if

supplied excess during execution of work and recovery will be made in final

bill accordingly.

(iv) Welfare Cess

Seal & Signature of Bidder

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.

 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.

86.2 For Erection works.

(i) 90% payment of amount claimed covering various activities such as excavation,

foundation, tower erection, earthing, tack welding stringing of conductor and

OPGW including insulator hoisting works against R.A. bills duly certified by EIC

within 30 days from the date of R.A. bill.

(ii) 10% of erection value shall be paid against commissioning of transmission line only

after settlement of material account statement of items supplied, used, erected and

successful commissioning of transmission line the same amount will be release in

final bill only and payment will be made only after passing of final bill.

(iii) Payment of ROW compensation amount will be given as below only after

submission of necessary supporting documents.

1) 40% amount after completion of foundation work

2) 40% amount after completion of erection work

3) 20% amount after completion of stringing work in all respects

List of supporting documents:

1) Copy of form-7/12

2) Parishisht ‘A’ and ‘B’ of GoG Tharav

3) Document of Online Jantri Rate of respective Survey No. If online Jantri

Rates are not available, then land cost shall be certified by competent

Revenue Authority.

4) Copy of APMC rate based on which compensation is paid towards

damage of tree-crop etc.

5) ‘Panchnama’ duly certified by concern Sarpanch / Talati / Mamlatdar or

concern Revenue Authority

6) Documents for the compensation cost paid to Govt. Trasurer as per GoG

Tharav for the line passing through Govt. Waste Land. / Govt.

(Bidder should note that Way leave clearance for execution of work and

compensation for Right of Way / Way Leave / Tree-Crop damages etc. to

be paid as per GoG guideline Dated:14-10-2024,02.12.2024 & 28-02-2025

is in scope of GETCO)

Seal & Signature of Bidder

(iv) 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.

 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.

87.0 TAKING DELIVERY AND INSURANCE:

87.1 The contractor has keep tower materials & line 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 or taking over of the line

87.2 The Contractor has to open site store nearby the route of the line and ensure for safe

custody of all the stored materials at his own cost.

87.3 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 Corporation.

87.4 STORAGE-CUM-INSURANCE: -The contractor shall take suitable storage-cum-

erection insurance cover at his cost to the extent of 60 % cost of all line materials,

which are required to complete the line including materials supplied by owner.

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 transmission line by the Board. 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.

87.5 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 Corporation 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 Board will not entertain any claim / representation in this regard.

However, it will be contractor's responsibility to insure the entire project till the line is

taken over by the Board.

Seal & Signature of Bidder

88.0 Contract Quality assurance:

88.1 The Bidder shall include in his proposal the Quality Assurance Programme containing

the overall quality management and procedures which he proposes to follow in the

performance of the Works during various phases as detailed in relevant clause of the

General Technical Conditions.

88.2 At the time of Award of Contract, the detailed Quality Assurance Programme to be

followed for the execution of the Contract will be mutually discussed and agreed and

such agreed Programme shall form a part of the Contract.

88.3 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

89.0 Termination of Contract:

89.1 In case of contractor fail 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:

89.2 To recover, from the contractor as agreed, by way of penalty clause above plus GST

as applicable, or

89.3 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 or

90.0 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.

91.0 LABOUR LAWS:

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

2 Contractor shall maintain a valid labor 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

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 as under:

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 of

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

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 o India, which the

Contractor shall have to comply with.

4 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 workers contribution towards Provident

Fund and Family Pension Scheme shall be deposited by the Contractor with Regional

Provident Fund Commissioner, Ahmedabad.

5 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, Ahmedabad.

6 ADMINISTRATIVE CHARGES:

Administrative charges for maintaining Provident Fund Account shall be deposited by

the Contractor with Regional Provident Fund Commissioner, Ahmedabad at the rates

Seal & Signature of Bidder

7 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.

8 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.

9 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.

10 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.

11 WORKMEN’S COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE

Insurance shall be effective 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.

12 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 7 th

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 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

Seal & Signature of Bidder

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 hours.

92.0 REGISTRATION WITH PROVIDENT FUND OFFICE

I) The separate P.F. code issued from P.F. commissioner is required to be taken by

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.

93.0 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 as schedule – 20 in the tender.

94.0 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.”.

95.0 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 suppliers/contractors

at the time of credit or payment whichever is earlier. TDS will be deducted on

advance payment being also made by GETCO to supplier. Further in some of the

cases, where TCS u/s 206 (1H) is applicable also along with TDS u/s 194Q, then

only TDS on purchase of Goods u/s 194Q shall be deductible, as TDS u/s 194Q

overrides TCS u/s 206C (1H).

• As per the Section 206AB of Income Tax Act, TDS under Income Tax will be

deducted at higher rates of the following rates: (non-fillers of ITRs for the past

two fiscal years will be subjected to higher TDS).

(a) At twice the rate specified in the relevant provision of the Act

(b) At twice the rates in force

(c) At the rate of 5%

96. (A) Bidder should note that Way leave clearance for execution of work and

compensation for Right of Way / Way Leave / Tree-Crop damages etc. to be

paid as per GoG guideline dated 01-03-2024 is in scope of GETCO. So matter

related to payment of RoW is not applicable to bidder in GCC, ECC, SCC and

Technical specifications.

(B) All the procedure regarding RoW compensation is to be carried out by Agency

Seal & Signature of Bidder

a) Identification of Land Owner, their Land Survey No. with supporting

documents i.e. 7/12 Utara, etc.

b) Handing over / distribution of Notice to concern land owners.

c) Plotting of line route on tikka map.

d) Preparation of “Panchnama Case” and follow-up with concern Sarpanch

/ Talati / Mamlatdar or concern Revenue Authority as well as Land

Owners / Farmers for their signature & thereof.

e) Preparation of RoW case for submission of Office of the District

Magistrate, etc. and also follow-up with them.

f) Follow-up with concern authority for getting statutory approvals

including Police Department.

97. Relationship with employee:

Every bidder should, at time of submission of bid, give a declaration as under,

“If in any Bidder Company / Firm, the interest (i.e. Shareholding in company

and share in partnership firm) of any employee of the tendering Company or

his / her relative as defined in section 2(77) of the Company’s Act. 2013 is

10% or more, the tendering Company will not deal with such Company /

Tenderer therefore, must specifically disclose the fact in his technical bid.

Non-disclosure of such facts would immediately disqualify the tenderer for

further dealing with the tendering company.”

98. Conflict of Interest among Bidders / Agents

A bidder shall not have conflict of interest with other bidders. Such conflict of interest

can lead to anti-competitive practices to the detriment of Procuring Entity’s interests.

The bidder found to have a conflict of interest shall be disqualified. A bidder may be

considered to have a conflict of interest with one or more parties in this bidding

a) they have proprietor/ partner(s)/ Director(s) in common; or

b) they receive or have received any direct or indirect subsidy/ financial stake

from any of them; or

c) they have the same legal representative/ agent for purposes of this bid; or

d) they have relationship with each other, directly or through common third

parties, that puts them in a position to have access to information about or

influence on the bid of another bidder; or

e) bidder participates in more than one bid in this bidding process. Participation

by a bidder in more than one Bid will result in the disqualification of all bids in

which the parties are involved. However, this does not limit the inclusion of the

components/ sub-assembly/ assemblies from one bidding manufacturer in

more than one bid.

f) in cases of agents quoting in offshore procurements, on behalf of their

principal manufacturers, one agent cannot represent two manufacturers or

Seal & Signature of Bidder

quote on their behalf in a particular tender enquiry. One manufacturer can also

authorize only one agent/ dealer. There can be only one bid from the following:

1. The principal manufacturer directly or through one Indian agent on his behalf;

2. Indian/ foreign agent on behalf of only one principal.

g) a Bidder or any of its affiliates participated as a consultant in the preparation of

the design or technical specifications of the contract that is the subject of the

h) in case of a holding company having more than one independently

manufacturing units, or more than one unit having common business

ownership/ management, only one unit should quote. Similar restrictions would

apply to closely related sister companies. Bidders must proactively declare

such sister/ common business/ management units in same/ similar line of

i) Bidder shall not act in contravention/ violation to the provisions of competition

act, as amended from time to time.

Every bidder should, at the time of submission of bid, give a declaration, that bidder

shall not have conflict of interest with other bidders, as above.

99. Use of ‘Call Before u Dig’ (CBuD) mobile application:

Bidder is note that it is mandatory to use ‘Call Before u Dig’ (CBuD) mobile

application for all excavators prior to any type of excavation / digging.

100. Responsibility for correctness of the information submitted in the bid

lies with bidder. If any information furnished in the bid is proved to be false at a

later date, GETCO reserve right to reject the bid and the bid will not only be

rejected but the bidder will be BLACKLISTED as per GUVNL Policy.

Seal & Signature of Bidder

ERECTION CONDITIONS OF CONTRACT

1.1 The following shall supplement the conditions already contained in other parts of

these specifications & document and shall govern the portion of the work of this

Contract to be performed at Site.

1.2 The Contractor upon signing of the Contract shall, nominate a responsible officer as

his representative at Site suitably designated for the purpose of overall responsibility

and coordination of the works to be performed at Site. Such person shall function

from the Site office of the Contractor during the pendency of Contract.

2.0 REGULATION OF LOCAL AUTHORITIES AND STATUTES

2.1 The Contractor shall comply with all the rules and regulations of local authorities

during the performance of his field activities. He shall also comply with the Minimum

Wages Act, 1948 and the Payment of Wages Act (both of the Government of India)

and the rules made there under in respect of any employee or workman employed or

engaged by him or his Sub-Contractor. He shall abide by labour laws.

2.2 All initial registration and statutory inspection fees, if any, in respect of his work

pursuant to this Contract shall be to the account of the GETCO. Should any such

inspection or registration need to be re-arranged due to the fault of the Contractor or

his Sub Contractor, the additional fees to such inspection and/or registration also shall

be borne by the Contractor.

3.0 OWNER’S LIEN ON EQUIPMENT

The Owner shall have lien on all equipment brought to the Site for the purpose of

erection, testing and commissioning of the equipment to be supplied & erected under

the Contract. The Owner shall continue to hold the lien on all such equipment

throughout the period of Contract. No material brought to the Site shall be removed

from the Site by the Contractor and/or his Sub-Contractors without the prior written

approval of the Engineer.

4.0 ACCESS TO SITE AND WORKS ON SITE

4.1 Suitable access to and possession of the Site shall be afforded to the Contractor by

the Owner in reasonable time.

4.2 The works so far as it is carried out on the Owner’s premises, shall be carried out at

such time as the Owner may approve and the Owner shall give the Contractor

reasonable facilities for carrying out the works.

4.3 In the execution of the works, no person other than the Contractor or his duly

appointed representative, Sub- Contractor and workmen, shall be allowed to do work

on the Site, except by the special permission, in writing of the Engineer or his

representative.

5.0 CONTRACTOR’S SITE ESTABLISHMENT

The Contractor shall at all times keep posted an authorized representative for the

purpose of the Contract. Any written order or instruction of the Engineer or his duly

authorized representative shall be communicated to the said authorized resident

representative of the Contractor and the representative shall be available at a stated

address for this purpose.

Seal & Signature of Bidder

6.0 CO-OPERATION WITH OTHER CONTRACTORS

6.1 The Contractor shall co-operate with all other Contractors or tradesmen of the Owner,

who may be performing other works on behalf of the Owner and the workmen who

may be employed by the Owner and doing work in the vicinity of the Works under the

Contract. The Contractor shall also so arrange to perform his work as to minimize, to

the maximum extent possible, interference with the work of other Contractors and

their workmen. Any injury or damage that may be sustained by the employees of the

other Contractors and the Owner, due to the Contractor’s work shall promptly be

made good at the Contractor’s own expense.

7.0 DISCIPLINE OF WORKMEN

The Contractor shall adhere to the disciplinary procedure set by the Engineer in

respect of his employees and workmen at Site. The Engineer shall be at liberty to

object to the presence of any representative or employee of the Contractor at the Site,

if in the opinion of the Engineer such employee has misconducted himself or is

incompetent or negligent or otherwise undesirable and then the Contractor shall

remove such a person objected to and provide in his place a competent replacement.

8.0 CONTRACTOR’S FIELD OPERATION

8.1 The Contractor shall keep the Engineer informed in advance regarding his field

activity plans and schedules for carrying-out each part of the works. Any review of

such plan or schedule or method of work by the Engineer shall not relieve the

Contractor of any of his responsibilities towards the field activities. Such reviews shall

also not be considered as an assumption of any risk or liability by the Engineer or the

Owner or any of his representatives and no claim of the Contractor will be entertained

because of the failure or inefficiency of any such plan or schedule or method of work

reviewed. The Contractor shall be solely responsible for the safety, adequacy and

efficiency of plant and equipment and his erection methods.

8.2 The Contractor shall have the complete responsibility for the conditions of the Work-

site including the safety of all persons employed by him or his Sub–Contractor and all

the properties under his custody during the performance of the work. This

requirement shall apply continuously till the completion of the Contract and shall not

be limited to normal working hours.

9.0 PROGRESS REPORT

9.1 The Contractor shall furnish three (3) copies each to the Engineer of progress

including if any, photographs of the work done at Site in MS Project format.

9.2 The monthly progress report detailing-out the progress achieved on all erection

activities shall highlight comparison to the schedules. The report shall also indicate

the reasons for the variance between the scheduled and actual progress and the

action proposed for corrective measures, wherever necessary.

9.3 The monthly progress report shall be submitted in MS project indicating various

activities mentioned in the completion schedule.

Seal & Signature of Bidder

Monthly progress shall be submitted in following format.

Description of work as per Quantity Work Work executed Total

A/T involved as per executed up during this Progress

check survey to last month month

Check survey in km

Foundation of tower in Nos.

Erection of tower in Nos.

Tack welding & earthing

Stringing of conductor &

10.0 MAN-POWER REPORT

10.1 The Contractor shall submit to the Engineer, on the first day of every month, a man

hours schedule for the month, detailing the man hours scheduled for the month, skill-

wise and area-wise.

11.0 PROTECTION OF WORK

The Contractor shall have total responsibility for protecting his works till it is finally

taken over by the Engineer. No claim will be entertained by the Owner or by the

Engineer for any damage or loss to the Contractor’s works and the Contractor shall

be responsible for complete restoration of the damaged works to original conditions to

comply with the specification and drawings.

12.0 EMPLOYMENT OF LABOUR

12.1 The Contractor will be expected to employ on the work only his regular skilled

employees with experience of his particular work. No person below the age of

eighteen years shall be employed.

12.2 All traveling expenses including provisions of necessary transport to and from Site,

lodging, allowances and other payments to the Contractor’s employees shall be the

sole responsibility of the Contractor.

12.3 In case the Owner becomes liable to pay any wages or dues to Labour or any

Government agency under any of the provisions of the Minimum Wages Act,

Workmen Compensation Act, Contract Labour Regulation Abolition Act or any other

law due to act of omission of the Contractor, the Owner may make such payment and

shall recover the same from the Contractor’s bills.

13.0 FACILITIES TO BE PROVIDED BY THE OWNER (NOT APPLICABLE)

Land for Contractor’s Store, Workshop etc.

a) The Engineer shall at his discretion and for the duration of execution of the Contract

make available at site, land for construction of Contractor’s field office, workshop,

stores, etc. required for execution of the Contract. Any such temporary construction

shall be done by the Contractor at his cost.

b) On completion of work the Contractor shall hand over the land duly cleaned to the

Engineer. Until and unless the Contractor has handed over the vacant possession of

land allotted to him for the above purpose, the payment of his final bill shall not be

Seal & Signature of Bidder

13.2 Electricity:

The concerned EE (Const.) shall apply for temporary connection at site store. Sub-

Division paying required Service Charges and Deposit. Such temporary connections

to be released on the name of EPC-Contractor on recommendation of the concerned

EE (Const.). The power so consumed shall be charged at the prevailing tariff rate

14.0 FACILITIES TO BE PROVIDED BY THE CONTRACTOR

14.1 Tools, tackles and scaffoldings

The Contractor shall provide all the construction equipments; tools, tackles and

scaffoldings required for pre-assembly, erection, testing and commissioning of the

transmission line covered under the Contract. He shall submit a list of all such

materials to the Engineer before the commencement of work at Site. These tools and

tackles shall not be removed from the Site without the written permission of the

14.3 The Contractor shall provide necessary first-aid facilities for all his employees,

representatives and workmen working at the Site. Enough number of Contractor’s

personals shall be trained in administering first-aid.

14.4 Cleanliness

14.4.1 The Contractor shall be responsible for keeping the entire area allotted to him clean

and free from rubbish, debris etc. during the period of Contract. The Contractor shall

employ enough number of personnel to keep the work area clean. Materials and

stores shall be so arranged to permit easy cleaning of the area. In areas where

equipment might drip oil and cause damage to the floor surface, a suitable protective

cover of a flame resistant, oil proof sheet shall be provided to protect the floor from

15.0 LINES AND GRADES

All the works shall be performed to the lines, grades and elevations indicated on the

drawings. The Contractor shall be responsible to locate and lay-out the works. Basic

horizontal and vertical control points will be established and marked by the Engineer

at site at suitable points. These points shall be used as datum for the works under the

Contract. The Contractor shall inform the Engineer well in advance of the times and

places at which he wishes to do work in the area allotted to him so that suitable datum

points may be established and checked by the Engineer to enable the Contractor to

proceed with his works. Any work done without being properly located may be

removed and/or dismantled by the Engineer at Contractor’s expense.

16.0 FIRE PROTECTION

16.1 The work procedures that are to be used during the erection shall be those, which

minimize fire hazards to the extent practicable. Combustible materials, combustible

waste and rubbish shall be collected and removed from the Site at least once each

day. Fuels, oils and volatile or inflammable materials shall be stored away from the

construction and equipment and materials storage areas.

Seal & Signature of Bidder

16.2 All the Contractor’s supervisory personnel and select number of workers shall be

trained for fire fighting. Enough of such trained personnel must be available at the Site

during the entire period of the Contract.

The Contractor shall have total responsibility for all line materials including tower,

conductor, insulator, OPGW / earth wire & Hardware accessories etc. in his

custody/stores, loose, semi-assembled and/or erected by him at Site. The Contractor

shall make suitable security arrangements ensure the protection of all materials,

equipment and works from theft, fire, pilferage and any other damages and loss.

18.0 MATERIALS HANDLING AND STORAGE

18.1 All the line material furnished under the Contract and arriving at Site shall be promptly

received, unloaded, transported and stored in the storage spaces by the Contractor.

18.2 Contractor shall be responsible for examining all the shipment and notify the Engineer

immediately of any damages, storage, discrepancy etc, for the purpose of Engineer’s

information only. The Contractor shall submit to the Engineer every week a report

detailing all the receipts during the week. However, the Contractor shall be solely

responsible for any shortages or damages in transit, handling and / or in storage and

erection at Site. Any demurrage, wharf age and other such charges claimed by the

transporters, railways etc, shall be to the account of the Contractor.

18.3 The Contractor shall maintain an accurate and exhaustive record detailing out the list

of all line materials including tower material, conductor, OPGW / earth wire,

silicon rubber insulator, hardware accessories etc received by him for the

purpose of erection and keep such record open for the inspection of the Engineer in-

18.4 All material shall be handled very carefully to prevent any damage or loss. The

material stored shall be properly protected to prevent damage either to the lime

material or to the floor where they are stored. The material from the store shall be

moved to the actual location at the appropriate time so as to avoid damage of such

line material at Site.

18.5 All material shall be protected against moisture ingress and corrosion during storage

and periodically inspected.

18.6 The consumable and other supplies likely to deteriorate due to storage must be

thoroughly protected and stored in a suitable manner to prevent damage or

deterioration in quality by storage.

18.7 All the materials stored in the open or dusty location must be covered with suitable

weatherproof and flame proof covering material wherever applicable.

18.8 If the materials belonging to the Contractor are stored in areas other than those

earmarked for him, the Engineer will have the right to get it moved to the area

earmarked for the Contractor at the Contractor’s cost.

18.9 The Contractor shall be responsible for making suitable indoor storage facilities to

store all line material, which require indoor storage. The Engineer, in addition, may

direct the Contractor to move certain other materials, which in his opinion will require

indoor storage, to indoor storage areas, which the Contractor shall strictly comply

Seal & Signature of Bidder

19.0 CONSTRUCTION MANAGEMENT

19.1 The field activities of the Contractors working at Site will be coordinated by the

Engineer and the Engineer’s decision shall be final in resolving any disputes or

conflicts between the Contractor and other Contractors and the tradesmen of the

Owner regarding scheduling and coordination of work. Such decision by the Engineer

shall not be a cause for extra compensation or extension of time for the Contractor.

19.2 The Engineer shall hold weekly meetings of the Contractor at Site, at a time and place

to be designated by the Engineer. The Contractor shall attend such meetings and

take notes of discussions during the meeting and the decision of the Engineer and

shall strictly adhere to those decisions in performing his works. In addition to the

above weekly meeting, the Engineer may call for other meetings either with individual

Contractors or with selected number of Contractors and in such a case the

Contractors if called, will also attend such meetings.

19.3 Time is the essence of the Contract and the Contractor shall be responsible for

performance of his works in accordance with the specified construction schedule. If

at any time, the Contractor is falling behind the schedule, he shall take necessary

action to make good for such delays by increasing his work force or by working

overtime or otherwise accelerate the progress of the work to comply with the schedule

and shall communicate such actions in writing to the Engineer, satisfying that his

action will compensate for the delay. The Contractor shall not be allowed any extra

compensation for such action.

19.4 The Engineer shall, however, not be responsible for provision of additional labour

and/or materials or supply or any other services to the Contractor except for the

coordination work between various Contractors if any at site.

20.0 FIELD OFFICE RECORDS

The Contractor shall maintain up to date copies of all drawings, specifications and

other Contract Documents and any other supplementary data complete with all the

latest revisions thereto. The Contractor shall also maintain in addition the continuous

record of all changes to the above Contract Documents, drawings, specifications, and

supplementary data, etc. effected at the field and on completion of his total

assignment under the Contract shall incorporate all such changes on the drawings

and other Engineering data to indicate as installed conditions of the equipment

furnished and erected under the Contract. Such drawings and Engineering data shall

be submitted to the Engineer in required number of copies.

21.0 CONTRACTOR’S MATERIALS BROUGHT TO SITE

21.1 The Contractor shall bring to Site all equipment, components, parts, materials,

including construction equipment, tools and tackles for the purpose of the works

under intimation to the Engineer. All such goods shall, from the time of their being

brought vest in the Owner, but may be used for the purpose of the works only and

shall not on any account be removed or taken away by the Contractor without the

written permission of the Engineer. The Contractor shall nevertheless be solely liable

and responsible for any loss or destruction thereof and damage thereto.

21.2 The Owner shall have a lien on such goods for any sum or sums which may at any

time be due or owing to him by the Contractor, under, in respect of or by reasons of

the Contract. After giving a fifteen (15) days notice in writing of his intention to do so,

the Owner shall be at liberty to sell and dispose off any such goods, in such manner

Seal & Signature of Bidder

as he shall think fit and to apply the proceeds in or towards the satisfaction of such

sum or sums due as aforesaid.

21.3 After the completion of the Works, the Contractor shall remove from the Site under

the direction of the Engineer the materials such as construction equipment, erection

tools and tackles, scaffolding etc. with the written permission of the Engineer.

22.0 PROTECTION OF PROPERTY AND CONTRACTOR’S LIABILITY

22.1 The Contractor shall be responsible for any damage resulting from his operations. He

shall also be responsible for protection of all persons including members of public and

employees of the Owner and the employees of other Contractors and Sub-

Contractors and all public and private property.

23.1 In addition to the conditions covered under the Clause entitled ‘Insurance’ in General

Terms and Conditions of Contract, the following provisions will also apply to the

portion of works to be done beyond the Contractor’s own or his Sub-Contractor’s

manufacturing Works.

23.2 Workmen’s Compensation Insurance

This insurance shall protect the Contractor against all claims applicable under the

Workmen’s Compensation Act, 1948 (Government of India). This policy shall also

cover the Contractor against claims for injury, disability, disease or death of his or his

Sub-Contractor’s employee, which for any reason are not covered under the

Workmen’s Compensation Act, 1948. The liabilities shall not be less than:

Workmen’s : As per statutory

Compensation Provisions

Employee’s : As per statutory

liability Provisions

23.3 Comprehensive General Liability Insurance

The insurance shall protect the Contractor against all claims arising from injuries,

disabilities, disease or death of members of public or damage to property of others,

due to any act of omission on the part of the Contractor, his agents, his employees,

his representatives and Sub-Contractors or from riots, strikes and civil commotion.

23.4 The hazards to be covered will pertain to all the works and areas where the

Contractor, his Sub-Contractors, his agents and his employees have to perform work