Tender for Erection & Maintenance work of HT/LT Line & T/C Structure at Bamaniya Subdivision under Bardoli Division for Various Scheme.

6. BOQ BF/PS III 1-3

TENDER SPECIFICATION NUMBER

NOTICE INVITED TENDER

[I] GENERAL CONDITION OF CONTRACT (GCC) 8-40

1 GENERAL PARTICULARS

2 SCOPE OF THE PROPOSAL AND WORK

3 BIDDING COSTS

4 BID DOCUMENTS (DETAILS OF DOCUMENTS)

5 KNOWING THE BID DOCUMENTS

6 CLARIFICATIONS ON BID DOCUMENTS

7 AMENDMENT OF BIDDING DOCUMENT

8 PREPARATION OF BIDS

9 LOCAL CONDITIONS

10 DOCUMENTS COMPRISING THE BID

12 BID SECURITY/EMD

13 FORMAT OF BID

14 SIGNATURE OF BIDS

15 SEALING AND MARKING OF BIDS

16 DEADLINE FOR SUBMISSION OF BIDS

18 MODIFICATION AND WITHDRAWAL OF BIDS

INFORMATION REQUIRED WITH THE PRO-

20 OPENING OF BIDS BY OWNER

21 PURPOSE OF EVALUATION OF BIDS

22 POLICY FOR BIDS UNDER CONSIDERATION

23 PRELIMINARY EXAMINATION

ARITHMETICAL ERRORS WILL BE RECTIFIED

OB FOLLOWING BASIS

25 AWARD CRITERIA

OWNER’S RIGHT TO ACCEPT ANY BID AND TO

REJECT ANY OR ALL BIDS

27 NOTIFICATION OF AWARD

28 SIGNING OF CONTRACT

29 DEFINITION OF TERMS

32 LANGUAGE AND MEASURES

34 TAXES AND DUTIES

PRICE INCLUSIONS (INCLUDING TAXES & DU-

37 CONTRACT PERFORMANCE GUARANTEE

SECURITY DEPOSIT CUM PERFORMANCE

40 TIME SCHEDULE

41 TIME – THE ESSENCE OF CONTRACT

42 PENALTY FOR DELAY

DELAYS BY OWNER OR HIS AUTHORISED

44 PRESENTATION OF BILLS

46 PAYMENT SCHEDULE

47 DEDUCTIONS FROM CONTRACT PRICE

48 TERMS OF PAYMENT

49 TAKING DELIVERY AND INSURANCE

51 CONTRACT QUALITY ASSURANCE

52 ERECTION TOOLS AND TACKLES

54 CONTRACT DOCUMENTS

USE OF CONTRACT DOCUMENTS AND

56 CONSTRUCTION OF THE CONTRACT

57 JURISDICTION OF CONTRACT

58 EXECUTION OF CONTRACT

59 ENFORCEMENT OF TERMS

60 COMPLETION OF CONTRACT

REPLACEMENT OF DEFECTIVE PARTS AND MA-

62 PATENT RIGHTS AND ROYALTIES

63 DEFENCE OF SUITS

64 LIMITATION OF LIABILITIES

65 ENGINEER’S DECISION

66 POWER TO VARY OR OMIT WORK

ASSIGNMENT AND SUB-LE TTING OF CON-

68 CHANGE OF QUANTITY

69 PACKING, FORWARDING AND SHIPMENT

COOPERATION WITH OTHER CONTRACTORS

70 AND CONSULTING ENGINEERS

71 NO WAIVER OF RIGHTS

CERTIFICATE NOT TO AFFECT RIGHT OF

OWNER AND LIABILITY OF THE CONTRACTOR

73 PROGRESS REPORTS

75 RISK DISTRIBUTION-TRANSFER OF TITLE

76 LIABILITY FOR ACCIDENTS AND DAMAGES

77 DEMURRAGE, WHARFAGE, ETC

78 FORCE MAJEURE

79 SUSPENSION OF WORK

80 CONTRACTOR`S DE FAULT

TERMINATION OF CONTRACT ON OWNER`S

82 FRUSTRATION OF CONTRACT

83 GRAFTS AND COMMISSIONS ETC.

84 SETTLEMENT OF DISPUTES

86 RECONCILIATION OF ACCOUNTS

88 TERMINATION OF CONTRACT

89 TO CANCEL THE CONTRACT

SR. NO. GENERAL INFORMATION (TECHNICAL) PAGE NO.

1 GENERAL INFORMATION (TECHNICAL) (4-8 )/32

2 INSPECTION AND TESTING OF EQUIPMENT 6/32

3 RESPONSIBLILITY FOR INSPECTION 6/32

4 METHOD OF GIVING INSPECTION CALLS 7/32

5 BIDDER’S RESPONSIBILITY 7/32

6 INSPECTION WAIVER 7/32

7 OTHER CONDITIONS 8/32

CLAUSE NO. TITLE

[II] ERECTION CONDITIONS OF CONTRACT (ECC) 41-48

2 REGULATION OF LOCAL AUTHORITIES AND STATUTES

3 OWNER’S LIEN ON EQUIPMENT

4 ACCESS TO SITE AND WORKS ON SITE

5 CONTRACTOR’S SITE ESTABLISHMENT

6 CO-OPERATION WITH OTHER CONTRACTORS

7 DISCIPLINE OF WORKMEN

8 CONTRACTOR’S FIELD OPERATION

9 PROGRESS REPORT

10 MAN-POWER REPORT

11 PROTECTION OF WORK

12 EMPLOYMENT OF LABOUR

13 FACILITIES TO BE PROVIDED BY THE OWNER

14 FACILITIES TO BE PROVIDED BY THE CONTRACTOR

15 LINES AND GRADES

16 FIRE PROTECTION

18 PRE-COMMISSIONING TRIALS AND INITIAL OPERATIONS

19 MATERIALS HANDLING AND STORAGE

20 CONSTRUCTION MANAGEMENT

21 FIELD OFFICE RECORDS

22 CONTRACTOR’S MATERIALS BROUGHT TO SITE

23 PROTECTION OF PROPERTY AND CONTRACTOR’S LIABILITY

25 UNFAVOURABLE WORKING CONDITIONS

26 PROTECTION OF MONUMENTS AND REFERENCE POINTS

27 WORK & SAFETY REGULATIONS

28 CODE REQUIREMENTS

CLAUSE NO. TITLE PAGE NO.

[III] SPECIAL CONDITIONS OF CONTRACT (SCC) 49-52

1 GENERAL PARTICULARS

3 EARNEST MONEY DEPOSIT (EMD)

4 DECLARATION BY BIDDER

5 QUALIFYING REQUIREMENT

6 ADDITIONAL DOCUMENTS

7 COMPLETION PERIOD

8 INSTRUCTIONS BEFORE SUBMITTING YOUR BID.

10 PROGRESS REPORT

12 MINOR CIVIL WORK

15 IMPORTANT INSTRCTIONS

17 CONTRACT AGREEMENT

19 BANK GUARANTEE FOR EMD

20 PERFORMANCE BANK GUARANTEE

NOTICE INVITING TENDER

1 Tender No. BDLD/O&M/Tech/Tender/26/1358

Tender for Erection & Maintenance work of

HT/LT Line & T/C Structure at Bamaniya

2 Name of work Subdivision under Bardoli Division for Various

Tender fee (Non- Rs.1180.00

4 Estimated cost of the Rs.

5 Earnest Money Deposit estimated cost i.e.20000/-

5 Work Execution Period 12 (Twelve months)

7 Bid document download

8 Bid document download 22.06.2026 at 16.00 Hrs.

Last Date & time of

9 online submission of bid 22.06.2026 at 16.00 Hrs.

Validity of offer

It is mandatory for all bidders to submit

their tenders documents only online in

Last date & time for scheduled time. Tender fee and EMD must

10 receipt of technical bid in be submitted in Online RTGS or NEFT on or

Online form before 22.06.2026 at 16.00 Hrs.Name of

Branch Bank of Baroda Bardoli Account no

02660200000228 IFSC code BARB0BARDOL

Date of opening

11 Technical 23.06.2026 at 11.00 Hrs. if possible

12 Validity of offer 120 Days from the date of opening of

13 Type of tender Percentage Rate Basis

Bid Opening 24.06.2026 at 11.30 hrs. if possible

No separate information shall be sent in this regards.

EXECUTIVE ENGINEER (O&M)

DGVCL, Bardoli Division

GENERAL TERMS AND CONDITION OF CONTRACT

1.0 General Particulars

The BARDOLI DIVISION , BARDOLI hereinafter called ‘‘OWNER’ intends to receive

bids for establishing work Tender for work of

Tender for Erection & Maintenance work of HT/LT Line & T/C Structure at

Bamaniya Subdivision under Bardoli Division for Various Scheme.

. Detailed in the accompanying specifications in accordance with Terms and Conditions

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

2.0 Scope of the proposal and Work

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

pletely covering all the equipments / Material and installation services specified under the

accompanying Technical Specifications. It will include among others as specified therein

the following:-

a) Detailed Engineering.

b) Complete manufacture including shop testing.

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

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

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

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

equipments/accessories/material/cable etc.

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

h) Required civil work for Transformer plinth, Padding, pole erection, Shade & concreting.

2.2 No deviation whatsoever to certain conditions of the bidding documents permitted by the

Owner and therefore, the Bidders are advised that while making Bid Proposals and quoting

prices these conditions may appropriately be taken into consideration. Bidders are re-

quired to furnish a certificate in this regard as per the format provided in Special Condi-

tions of Contract in a separate sealed envelope containing Bid security, which shall ac-

company the Technical Bid. Any Bid not accompanied by such certificate shall be rejected

by the Owner and shall not be opened.

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

hence rejected.

2.4 The Bidder shall complete all the schedules & annexure in the Bid Proposal Sheets, Tech-

nical Data Sheets and specified elsewhere. The Qualifying Data should be filled in the re-

quired schedule of Bid Proposal Sheets.

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

packing, supply, storage, insurance and handling at site, erection, Cable laying testing,

commissioning and handing over in ready to switch on condition to DGVCL of complete

KV equipments/ accessories .

2.6 The work includes Cable laying, Excavation of any type of soil, back filling ,Cable

laying ,end termination, straight through joints Erection, Testing and Commissioning of

various equipments/items for 11 KV class including Earthing, etc. as stated hereunder &

detailed in the BOQ, Schedules so as to complete the project as per approved bill of quan-

tities and layout drawings.

Tender for Erection & Maintenance work of HT/LT Line & T/C

Structure at Bamaniya Subdivision under Bardoli Division for

Various Scheme.

Project Particulars

Name of the Project: . Under Bardoli Division.

1. System Voltage and : 11KV / 415 V

System of Earthing solidly earthed

2. Rated frequency : 50 Hz ± 5%

Voltage variation: 11 KV + 10%

3.0 Bidding Costs

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

discussions/presentations) shall be fully borne by the Bidder. Owner will not be

responsible/ liable for these costs irrespective of the course and conclusion of this Bidding.

4.0 BID DOCUMENTS

Details of Documents

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

equipment specifications/characteristics, the bidding procedures and the terms &

conditions of contract:

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

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

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

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

5.0 Knowing the Bid Documents

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

conditions and specifications in the Bid Documents and fully know himself all the conditions

and contents therein, which may in any manner, affect the scope & content of work and

the costs thereof. Submission of a Bid not substantially responsive to the Bid Document in

all respects and/or failure to furnish all information required by the Bid Document may

entail rejection of the Bid at the Bidder’s risk.

6.0 Clarifications on Bid Documents

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

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

writing not later than one week before the date of submission of bid, to the owner in

triplicate. The owner will issue explanations, interpretations and clarifications as deemed

fit in writing as a response to this request. On receipt of such interpretations/clarifications,

the Bidder may submit his Bid within the date and time stipulated in the Bid invitation, all

such explanations, interpretations and clarifications from the Owner shall be deemed as

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

Any verbal/telephonic clarifications and information given by the Owner or his employee (s)

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

7.0 Amendment of bidding document:

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

whether at his own initiative or in response to a clarification requested by the intending

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

7.2 The amendment will be put up on website.

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

account in preparing their bids, the Owner may, at his discretion, extend the deadline for

the submission of bids.

7.4 Such amendments, clarifications etc. shall be binding on bidders and will be given due con-

sideration by the Bidders while they submit their bids and shall invariably enclose such doc -

uments as a part of the bid.

7.5 You have to carry out the work at another subdivision as per instruction of Engineer in

Charge of Division office.

8.0 PREPARATION OF BIDS

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

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

the bid, the English translation shall govern.

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.

9.0 Local Conditions:

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

tors which may have any effect on the execution of the Contract covered under these docu -

ments and specifications. The Owner shall not entertain any request for clarifications from

the bidders, regarding such local conditions.

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

considered while submitting the proposals. No claim for financial adjustment to the Con-

tract 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 aris-

ing thereof shall be permitted by the Owner, which are based on the lack of such clear in-

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

10.0 Documents comprising the Bid:

ments etc. furnished in the Bidding Documents, indicating, for the goods to be supplied and ser -

vices to be rendered, a brief description of goods and services, quantity and price.

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

Qualification Requirements as detailed in Special Conditions of Contract and GCC. All

Tender Documents/ formats are to be returned completed in all respects and signed by the

Company Authorized Signatory wherever specified.

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

10.4 The Bid Guarantee shall be furnished in a separate cover in accordance with clause at GCC.

11.0 Bid Price (as per schedule B):

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

12.0 Bid Security/EMD:

12.1 The bidder shall furnish, as a part of its bid EMD, bid security for an amount of one percent

of estimated cost to be paid as under:

a) 50% amt. In the form of crossed DD drawn in favor of Dakshin Gujarat Vij Company Lim-

ited payable at Bardoli,

b) 50% amt. in the form of by Bank Guarantee from any schedule or Nationalized Bank in

the standard format (Format given in this tender document)

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

which would warrant the guarantee forfeiture, pursuant to relevant paras elsewhere The

bid guarantee shall be made payable to the Owner without any condition whatsoever.

12.3 Any bid not secured in accordance with above will be rejected by the Owner as non-respon-

sive. No exemptions are made in the furnishing of the security.

12.4 Unsuccessful Bidder’s bid security / EMD will be returned / refunded on finalization of ten-

der or three months from the date of submission of tender whichever is later.

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

mance guarantee

12.6 The bid guarantee may be forfeited.

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

on the bid Form:

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

supplies within thirty days of letter of award of contract )

13.0 Format of Bid:

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

Bid”, as appropriate. In the event of any discrepancy between them the original shall govern.

All the documents furnished in original document shall be furnished in other copies of Bids.

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

signed by the Bidder or a person or persons duly authorized by the Bidder to sign the Con -

tract. The letter of authorization shall be indicated by written power-of-attorney accompa-

nying the bid. All pages of the bid, except for un-amended printed literature, shall be initi-

ated by the person or persons signing the bid.

13.3 The Bidders must submit the qualifying data in one original and one duplicate copy as re-

quired in this Instructions to Bidders in separate envelopes sealed and enclosed in the enve-

lope submitting proposals, super scribed as under :

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

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

person or persons signing the bid.

13.4 Bids shall be submitted as under:

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

Signed and Contractor’s covering letter. Tender fee details (as per tender notice)

Cover-II Qualifying Requirement

Cover-III Technical Bid

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

Requirement Sheets (Cover I, II, III will be collectively called Technical Bid).

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

partner(s) or other authorized representative(s).

14.0 Bids by Corporation/Company must be signed with the legal name of the Corporation/Com-

pany by the President/Managing Director or by the Secretary or other person or persons au-

thorized to bid on behalf of such Corporation/Company in the matter.

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

‘Secretary’, ‘Agent’ or other designation without disclosing his Principal will be rejected.

14.2 If it is found that two or more persons who are connected with one another either finan-

cially or as a principal and agent have bid under different names without disclosing their

connection then such bids will be liable for rejection. Satisfactory evidence of authority of

the person signing on behalf of the Bidder shall be furnished with the bid.

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

14.4 Bids not conforming to the above requirements of signing may be disqualified and EMD for-

15.0 Sealing and marking of bids:

15.1 Cover-I 1. Bid No.

2. Due date for opening

3. Reference of tender fee & earnest money deposit

Cover-II 1. Bid No.

2. Due date for opening.

3. Qualifying Requirements

Cover-III 1. Bid No.

2. Due date for opening

3. Technical bid & reference and required certificates All Bid submission on-

line mode all documents attach online.

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

EXECUTIVE ENGINEER (O&M)

DAKSHIN GUJARAT VIJ CO. LTD.,

BARDOLI DIVISION OFFICE,

66 KV S/S COMPUND, Nr.ST WORKSHOP,

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

NOT OPEN BEFORE……………………

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

returned unopened in case it is declared “late” or “rejected”.

15.5 If the outer envelope is not sealed and marked as required by Clause No: 15.1 the Owner will

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

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

16.0 Deadline for submission of bids :

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

Owner to collect the proposals from airlines, cargo agent etc. shall be entertained by the

16.2 Bids must be received by the Owner at the address specified under Clause No: 15.3, not

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

16.3 The Owner may, at its discretion, extend this deadline for the submission of bids by amend-

ing 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.

Any bid received by the Owner after the time and date fixed or extended for submission of bids

Prescribed by the Owner, will be rejected and not considered for evaluation.

18.0 Modification and withdrawal of bids :

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. The Bidder’s modification or withdrawal notice shall be

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

The envelope should clearly indicate whether the modification is for the Technical bid. No bid

modifications notice by Telex/Grams/Fax shall be entertained by the Owner. No bid shall be

modified in any manner, whatsoever subsequent to the deadline for submission of bids. 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

19.0 Information required with the proposal:

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

each principal item of equipment proposed to be furnished and erected. The bid should

also contain drawings and descriptive materials indicating general dimensions, materials

from which the parts are manufactured, principles of operation, the extent of pre-assembly

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

the proposed erection organizational structure.

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

drawings, enclosed etc. in two copies along with soft copy.

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

proposed may be treated as incomplete and hence rejected. Such descriptive materials and

drawings submitted by the Bidder will be retained by the Owner. Any major departure from

these drawings and descriptive material submitted will not be permitted during the execu-

tion of the Contract without specific written permission of the Owner.

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

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

19.5 Standard catalogue pages and other documents of the Bidder may be used in the bid to pro-

vide additional information and data as deemed necessary by the Bidder.

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

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

als supplied under the Contract.

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

requirements will govern, unless otherwise brought out clearly in the technical commercial

deviation schedule.

BID OPENING AND EVALUATION

20.0 Opening of bids by owner :

20.1 The Owner will open the bids online and physical 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. The Bidder’s representatives who are present shall sign a register

evidencing their attendance.

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

the Owner, at his discretion may consider appropriate, will be announced in the

Technical Bid Opening.

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

such other details shall not be entertain.

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

21.0 Purpose of evaluation of bids:

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

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

under these specifications and documents. All technically responsive bids shall then be

examined to determine the lowest evaluated commercially and technically responsive bids.

22.0 Policy for bids under consideration:

Bids shall be deemed to be under consideration immediately after opening of Technical Bid

and until such time official intimation of award/rejection is made by the Owner to the

Bidders. While the Bids are under consideration, Bidders and/or their representatives and

other interested parties are advised to refrain from contacting by any means, the owner

and/or his employee’s representatives on the matters related to Bids under consideration.

22.1 Clarification of bids:

To assist in the examination evaluation and comparison of Bids the owner may on his own ask

the Bidder for a clarification of its bid. The request for clarification and the response shall be in

writing and no change in the price or substance of the bid shall be sought, offered or permitted.

23.0 Preliminary Examination:

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.

24.0 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 price furnished

prices furnished in the specified prices schedule 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.

I. 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, qual-

ity, 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 responsive-

ness shall be based on the contents of the bid itself without recourse to extrinsic evidence.

II. A bid determined as not substantially responsive will be rejected by the Owner and may not

subsequently be made responsive by the Bidder by correction of non-conformity.

III. 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.

25.0 Award Criteria

25.1 The owner will award the contract to the successful Bidder, whose bid has been deter-

mined 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 sat-

isfactorily. The Owner shall be the sole judge in this regard.

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

goods and second for the erection & services works in substations.

25.3 Further, the Owner reserves the right to award separate contracts to two or more parties in

line with the terms and conditions specified in the accompanying Technical Specifications.

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

25.5 The Owner reserves the right to accept or reject any bid, and to annual the bidding process and

reject all bids at time prior to award of contract, any without thereby incurring any liability to

the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the

grounds for the Owner’s action.

26.0 Notification of award:

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

Owner will notify the successful Bidder in writing by registered letter or cable or telex or

FAX, to be confirmed in writing by registered letter, that its bid has been accepted.

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

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

No: 36 & 38, the Owner will promptly notify each unsuccessful Bidder and will discharge its

bid security, pursuant to Clause No: 12.00.

27.0 Signing of contract:

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

cepted, the Owner will send the Bidder the detailed of Award, incorporating all agreements

between the parties.

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

same with date and return it to the Owner.

27.3 The Bidder will prepare the Contract Agreement as per the Performa prescribed and the

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

28.0 DEFINITION OF TERMS

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

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

dices thereto and all documents incorporated by reference therein.

28.2 ‘Owner’ shall mean the DGVCL, SURAT or any of its subsidiaries and shall include its legal

representatives, successors and assigns.

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

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

successors and permitted assigns.

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

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

writing of the Engineer and will include the legal representatives, successors and permitted

assigns of such person.

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

time to time for the purpose of the Contract.

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

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

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

Specifications and complete erection, testing and putting into satisfactory operation includ-

ing all transportation, handling, unloading and storage at the Site as defined in the Con-

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

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

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

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

or reservoir which may be allocated or used by the Owner or Contractor in the performance

of the Contract.

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

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

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

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

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

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

the works including erection, testing and putting into satisfactory operation including suc-

cessful completion of performance and guarantee tests to be performed at Site by the Con-

tractor including cost of insurances.

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

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

performance of the Contract.

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

by the time to inspect the equipment; stores or Works under the Contract and/or the duly

authorized representative of the Owner.

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

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

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

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

Award has been issued.

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

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

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

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

nature and/or seal as the case may be.

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

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

cepted’, ‘Permitted’, or words and phrases of like importance are used the approval, judg -

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

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

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

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

determine and demonstrate capacity, efficiency, and operating characteristics as specified

in the Contract Documents.

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

the Works performed under the Contract, after successful commissioning/completion of

Performance and Guarantee Tests, as specified in the accompanying Technical Specifica-

tions or otherwise agreed in the Contract.

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

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

under the Contract.

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

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

available for carrying out such tests.

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

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

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

greater detail the intent of the Contract.

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

able to the Owner/Consultant.

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

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

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

28.30 ‘Codes’ shall mean the following including the latest amendments and/or replacements, if any:

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

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

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 sub-

ject matter of the Contract.

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

context so requires.

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

bodies of individuals, whether incorporated or not.

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

them in the Indian Sale of Goods Act (1930), failing that in the Indian Contract Act (1872)

and failing that in the General Clauses Act (1897) including amendments thereof, if any.

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

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

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

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

29.0 APPLICATION

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

provisions in other parts of the Contract.

The goods supplied under this Contract shall conform to the standards mentioned in the

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

authoritative standard appropriate to the goods and such standards shall be the latest

issued by the concerned institution.

31.0 LANGUAGE AND MEASURES

All documents pertaining to the Contract including specifications, schedule, notices,

correspondences, operating and maintenance instructions, drawings or any other writing

shall be written in English language. The Metric System of measurement shall be used

exclusively in the Contract.

32.0 Price Basis:

32.1 The Price shall be quoted on firm basis.

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

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

Schedule– “B” (i.e. Price Bid), the break-up of Total Unit F.O.R. Destination Price s

and Total Unit End Cost with GST and Cess as applicable stating the Unit Ex-

works price, freight, packing & forwarding charges, Insurance Charges, GST and

Cess as applicable separately in price bid, which is a must.

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

same must be clearly specified with valid Declaration & self-certified Certificate

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

Composition scheme during the tenure of the contract, the rate (i.e. price)

mentioned in the price bid shall be final and any additional GST will have to be

borne by the tenderer himself. In no case additional amount towards GST or

otherwise will be paid / reimbursed to supplier/contractor. Further Statutory

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

for Composition Scheme under GST.

Also, please mention separate applicable HSN / SAC Code and rate of GST and

Cess as applicable for each item of Goods/Service. If not specifically mentioned

then COMPANY will have the option to take the prices as exclusive of taxes and

duties at maximum higher slab rates for the evaluation of the tenders.

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

(i.e. Schedule-B). The price bid submitted in physical mode shall not be

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.

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

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

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

32.2 PRICE EVALUATION:

No price preference shall be given on any account. All Tenders shall be evaluated

on firm Price End Cost (with GST and Cess as applicable) basis unless otherwise

mentioned in the Tender documents.

If the Tender is invited with Total Owning Cost (TOC) Clause, the evaluation shall

be done accordingly. For the same, the Bidders have to give the detailed breakup

of the End Cost.

33.0 Works contract-tax:

33.3 Works contract-tax:

The structural and architectural portion of the contract shall be treated as works contract

Consequently, any sales tax payable on the cost of these items of supply under the works

contract shall also be included by the bidder in his total bid price and the owner shall have

no liability whatsoever in respect of such works contract tax. However, the owner will

deduct works contract tax out of the supplier’s bills as per statutory rules.

33.3 As regards the income Tax, surcharge on income tax and any other corporate tax, including

GST tax if any the owner shall not bear any tax liability whatsoever. The bidder shall be li -

able and responsible for payment of such taxes as attracted under the provisions of the

33.4 Notwithstanding the tax liabilities as per the above sub-clause 33.1 to 33.4 the owner shall

have the right to make deduction at source from the amounts payable to the contractor in

respect of Income Tax (on the cost of items of supply included in the works contract) as

may be mandatory in terms of the law. The owner shall not bear any liability in this regard

but shall issue necessary certificate in respect of such deduction made.

33.5 Whenever concessional rate of Excise Duty/Sales Tax is indicated by the bidders, it shall be

confirmed whether any increase in the rates that becomes applicable during the perfor-

mance 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 maxi-

mum rate of excise duty/sales tax applicable.

33.6 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 re-

quired to pay additional tax or duty, then the owner shall reimburse the contractor the ad-

ditional tax or duty so paid by the contractor against submission by the contractor of docu-

mentary 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 materi-

als, for bought out items etc and will be applicable only to the direct transactions between

the contractors for the materials supplied from his own manufacturing units. Besides the

said statutory variation, no other statutory variation shall be payable by the owner.

33.7 The owner’s liability for all taxes and duties 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 above Clause.

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, and not for bought out

items. It is the Bidders responsibility to furnish details of taxes, duties, levies etc.

applicable as on the date of submission of the bid.

33.8 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 con-

tract is required by causes not attributable to the DGVCL. However, the decrease in any

taxes/duties shall be passed on to DGVCL

33.9 The provision of statutory variation regarding enhancement of existing tax or duty or intro-

duction of a new tax or duty will be applicable only to the direct transaction between the

contractor and the owner.

33.10 Before quoting, the bidder may ascertain from the concerned tax authorities of Govern-

ment the applicability of Work Contract Tax. GST Tax, etc. in respect of this work and in -

clude the same in the quoted price. No separate claim in this regard will be entertained by

the Owner, as it is the responsibility of the Bidder to pay all these taxes.

34.0 TAXES, PERMITS & LICENCES

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

against the Owner or the Contractor in pursuance of the Contract. In addition the

Contractor shall be responsible for payment of all Indian duties, levies and taxes lawfully

assessed against the Contractor for his personal income & property only.

35.0 Goods And Service Tax(GST):

The F.O.R. Destination prices are including VAT/GST and Cess as applicable

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

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

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

under GST Laws. GST Laws means IGST Act, GST(Compensation to the State for

Loss of Revenue) Act, CGST Act, UTGST Act and SGSCT Act, 2017and all related

ancillary legislations).

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 DGVCL or shall not claim any such Refund, on a future

date, from the concerned Authorities and if, any Refund, in respect of such GST/

and Cess, is claimed by you, it will be immediately passed on to the COMPANY,

without /COMPANY making any specific Claim, for the same, either from the

Department or from you.

The offers having price INCLUSIVE OF GST and Cess is likely to be rejected if the

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

Composition Scheme under GST act which be should be clearly indicated in the

price bid. Company may at its discretion consider such offer with presumption of

highest applicable rate of GST/Cess prevailing when the price quoted is inclusive

of GST and Cess.

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

same must be clearly specified with valid Declaration & Certificate from

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

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

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

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

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

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

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

mentioned in acceptance of tender only and any deviation in the same shall not

be accepted. Further, any additional liability of GST (later on due to wrong

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

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

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

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

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

passed on suo-moto by the supplier / contractor.

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

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

the government or fail to upload the details or uploads inaccurate particulars on

GSTIN portal by the Supplier / Contractor within the stipulated time limit.

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

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

INPUT TAX CREDIT BENEFIT

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

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

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

date of submission of the offer, the same should be passed on to COMPANY and

you should inform such changes to COMPANY from time to time.

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

the provision of Income-Tax Laws and to that effect a certificate will be issued to the

STATUTORY VARIATION:

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

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

existing tax/cess subsequent to suppliers offer if it takes place within the original

contractual delivery date will be to COMPANY’s account subject to the claim being

supported by documentary evidence. However, if any decrease takes place after

the contractual delivery date, the advantage will have to be passed on to

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

has opted for Composition Scheme under GST.

36.0 CONTRACT PERFORMANCE GUARANTEE

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

shall be required to furnish a performance guarantee as per clause No. 38 in form of Bank

guarantee from Indian Nationalized Banks and four nos. of private Banks (Axis/IDBI/ICICI/

HDFC) in the form to be furnished and it shall guarantee the faithful performance of the

Contract in accordance with the terms and conditions specified in these documents and

specifications.

36.2 The Performance Guarantee shall cover additionally the following guarantees to the Owner:

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

ment furnished and erected under the Contract, as per the specifications and docu-

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 work -

manship and shall upon written notice from the Owner fully remedy free of expenses to

the Owner such defects as developed under the normal use of the said equipment

within the period of guarantee specified in the relevant clause of the General Terms

and Conditions in the Part-I.

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

contract. However, it is not to be construed as limiting the damages under clause entitled

“Equipment Performance Guarantee” in Technical Specifications, Part-II and damages stip-

ulated in other clauses in the Bid documents.

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

completion of order and only after the performance guarantee condition is fulfilled. The

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

the Contract in the prescribed form within fifteen (15) days of “Notice of Award of Con-

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

GUARANTEES & LIABILITIES

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

ments and free from defects in material/equipment and workmanship for a period of

twenty four (24) calendar months commencing immediately upon the satisfactory commis-

sioning of the project and issuance of Taking Over Certificate (TOC). The Contractor’s lia-

bility 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 other-

wise arranged. No repairs or replacement shall normally be carried out by the Engineer

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

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

serious loss or damages, repairs or adjustment may be made by the Engineer or a third

party chosen by the Engineer without advance notice to the Contractor and the cost of such

work shall be paid by the Contractor. In the event such action is taken by the Engineer, the

Contractor will be notified promptly and he shall assist wherever possible in making neces-

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

conditions of the Contract.

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

the works the provision of this clause shall apply to portion of the works so replaced or re -

newed until the expiry of twelve (12) months from the date of such replacement or re-

newal. 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 defects.

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

repair is carried out on his behalf at the site, the Contractor shall bear the cost of such repairs.

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

riod due to defects in the equipment or defective work carried out by the Contractor, the

same shall be borne by the Contractor.

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

his obligations under this clause

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

the commercial operation of the equipment, the Contractor and the Engineer shall mutu-

ally agree to a programme of replacement or renewal, which will minimize interruption to

the maximum extent in the operation of the equipment.

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

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

through 37.7 above shall remain till the end of 5 years from the date of completion of

guarantee period. In respect of goods supplied by Sub-Contractors to the Contractor where a

longer guarantee is provided by such Sub-Contractor, the Owner shall be entitled to the

benefits of such longer guarantee.

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

the equipment according to generally approved industrial practice and in accordance with

the conditions of operations specified and in accordance with operating manuals, if any. b)In

cases of normal wear and tear of the parts to be specifically mentioned by the Contractor in

37.10 The Guarantee period for individual equipment / item indicated in the tender specifica-

tion remains unchanged and shall have to be adhering to as indicated below.

All equipment will be guaranteed for 24 months from date of commissioning except

transformers and RMUs which are having guarantee period of five years from commissioning

of equipment. Contractor has to arrange inspection of all RMUs and Transformers for

satisfactory performance at a regular interval of 3 months in consultation with DE/EE of .

UNDER Bardoli Division.

38.0 Security Deposit cum Performance Guarantee:

38.1 Security deposit cum performance guarantee shall be paid by contractor/tenderer

within Thirty 30 (Thirty days from date of letter of acceptance i.e. LOA / LOI (Letter of

Intent). If the performance guarantee i.e. BG (bank guarantee) is not submitted within

(Thirty) days after the receipt of the LOA / LOI, then in such case the work order shall be

out rightly cancelled at the risk and cost of the contractor/Tenderer at the discretion of

the DGVCL and without entering into any correspondence and this shall be binding on the

contractor/Tenderer. Also EMD is not release in case of contractor/tenderer is not submit

Security deposit cum performance guarantee within 30 (Thirty) days after the receipt of

The successful bidder shall have to submit the performance guarantee in the form of Bank

Guarantee worth 10% of the total contract/work order value to cover the entire execution

period. The Performance Bank Guarantee (covering the execution period of the

contract/work order) will be returned ONLY after successful commissioning & issuance of

TOC (Taking Over Certificate) including material reconciliation & as per approved/built

drawings and on receipt of the Bank Guarantee towards Guarantee worth 10% of the total

contract/work order value, which will be retained till completion of the Guarantee period.

These Bank Guarantees shall be applicable for all the bidders irrespective whether they are

SSI/NSIC or any other service provider or EPC units.”

The performance guarantee covering execution period is to be submitted by successful

tenderer, is for the satisfactory execution of the contract/work order.

Whereas the performance guarantee covering the Guarantee period is to be submitted by

successful tenderer/contractor, is for satisfactory performance of the

materials/equipments/assets/works which should be valid for 12 months from the date of

commissioning OR 18 months from the last date of delivery of supply whichever is earlier OR

whatever applicable as per technical specification and conditions of work order. The

concern Executive Engineer shall monitor the working and the performance of

materials/equipments/assets/works for replacement of material/ equipments/assets within

Guarantee period.

38.2 Special Conditions for EPC Contractor in case of supplied equipments by OEM:

EPC contractor/tenderer shall execute a special agreement as per prescribed draft on non

judicial stamped paper of Rs. 100 (Notarized) for the operating performance and

maintenance of equipment supplied by OEM. The counterpart guarantee on behalf of OEM

shall binding on EPC contractor/Tenderer for period of 5 (Five) years in case of any

failure/non working of parts/maintenance of equipments. If EPC contractor fails to replace

equipment/parts or to maintain the equipment in proper operating condition within

stipulated time frame as per contract/work order then the cost of amount incurred in

replacement of parts or maintenance/cost of repairing of equipments shall be recoverable

from the security deposit cum performance guarantee.

39.0 Time Schedule:

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

time schedule for performing the specified works.

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

companying Special Conditions of Contract.

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

major factors in consideration of the bids.

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

award discussions with successful bidder.

39.5 The successful bidder will be required to prepare detailed PERT Network/ detailed M.S. Project

Bar chart and finalise the same with the owner as per the requirement of Clause no

40.0 TIME – THE ESSENCE OF CONTRACT

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

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

shall be deemed to be the essence of the Contract. The Contractor shall so organize his re -

sources and perform his work as to complete it not later than the date agreed to.

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

consisting of adequate number of activities covering various key phases of the work such as de -

sign, 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 facili-

ties to be provided by the Owner and the dates by which such facilities are needed. The Con-

tractor shall discuss the network so submitted with the Owner and the agreed network shall

of the Contract documents. During the performance of the Contract, if in the opinion of the

Engineer, proper progress is not maintained, suitable changes shall be made in the

Contractor’s operations to ensure proper progress without any cost implication to the

Owner. The interface facilities to be provided by the Owner in accordance with the agreed

network shall also be reviewed while reviewing the progress of the Contractor.

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

Contractor as directed by the Engineer.

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

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

Such manufacturing programme shall be reviewed, updated and submitted to the Engineer

every month thereafter.

40.5 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 by the

40.6 If the progress is found low, DGVCL reserves the right to get the work executed through any

other agency at the risk & cost of contractor without assigning any reason(s) and/or notice.

1) PENALTY FOR DELAY:

2) The tenderer should note that the completion time allowed for carrying out the work

should be strictly observed. Any delay that may take place in supply & erection beyond

Contractual period stated shall be subject to the penalty at the rate of ½ % of the total

contract value per week or part thereof, with a ceiling of 10 % of the total contract

value, plus GST as applicable.

3) The penalty will be deducted from bills payable either against this contract or from any

Bank Guarantee or any other amount payable under any other contract with the DGVCL

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

5) If the Contractor fails to successfully complete the commissioning within the time fixed un-

der the Contract, the Contractor shall pay to the Owner as penalty a sum specified for each

specified period of delay.

6) Equipment and materials will be deemed to have been delivered only when all its components,

parts are also delivered. If certain components are not delivered in time the equipment and ma-

terials will be considered as delayed until such time the missing parts are also delivered.

7) For the purpose of penalty, contractual obligation shall be completion of all the supply and

erection contracts as per time schedule & value of these contracts shall be “total contract

value” ( Sum of two individual contract value) for the working of penalty in line with above

relevant cl. No.41.1

42.0 DELAYS BY OWNER OR HIS AUTHORISED AGENTS.

42.1 In case the Contractor’s performance is delayed due to any act of omission on the part of

the Owner or his authorized agents, then the Contractor shall be given due extension of

time for the completion of the Works, to the extent such omission on the part of the Owner

has caused delay in the Contractor’s performance of the Contract. Regarding reasonable-

ness or otherwise of the extension of time, the decision of the Engineer shall be final.

42.2 In addition, the Contractor shall not be entitled to any claim whether demonstrable or rea-

sonable compensation if such delays have resulted in any increase in cost

43.0 Presentation of Bills (As per clause no. 47.0 below)

43.1 The bills along with required documents for work executed including cost of material consumed

is to be prepared in Quadruplicate and submitted 03 copies to the Ex. Engineer, Surat

RANDER Division in charge of the work, who will in turn process the same and forward it to

S.E. (Surat Circle), in charge of the work for necessary payment. These bills shall be

serially numbered.

43.2 The contractor may note that no payment shall be released for the additional quantity sup-

plied which is not required for completion of line.

43.3 The contractor has to submit the final bill along with the material consumption statement

along with other required data of the work carried out within 3 months from the date of

completion of work.

43.4 For non-submission or part submission of above information, no bills shall be processed.

CONTRACT SECURITY AND PAYMENTS

44.0 PAYMENT (As per clause no. 47.0 below)

44.1 The payment to the Contractor for the performance of the works under the Contract will be

made by the Owner as per the guidelines and conditions specified herein. All payments

made during the Contract shall be on account payments only. The final payment will be

made on completion of all Works and on fulfillment by the Contractor of all his liabilities

under the Contract.

44.2 Currency of Payment: All payments under the Contract shall be in Indian Rupees only.

45.0 Payment Schedule (As per clause no. 47.0 below)

schedule shall be based on approved drawings & BOQ. The tender BOQ is indicative. Supply

& Erection of quantities shall be as per approved Drawings & BOQ and excess shall not be

45.1 Application for Payment (As per clause no. 47.0 below)

The Contractor shall submit application for the payment.

45.2 Each such application shall state the amount claimed and shall set forth in detail, in the or -

der of the Payment Schedule, particulars of the Works including the Works executed at Site

and of the equipment shipped/brought on to the site pursuant to the Contract up to the

date mentioned in the application and for the period covered since the last preceding cer-

tificate, if any.

45.3 Every interim payment certificate shall certify the Contract value of the Works executed up

to the date mentioned in the application for the payment certificate, provided that no sum

shall be included in any interim payment certificate in respect of the works that, according

to the decision of the Engineer, does not comply with the Contract.

45.4 Mode of Payment

45.5 Payment due on dispatch of equipment shall be made by the Owner through Owner’s Bank

or directly to the Contractor as per the payment schedule.

45.6 The payment of test charges, if any, payment, taxes and duties (whenever admissible) in-

land transportation (including port handling), insurance and the erection portion of the

Works shall be made direct to the Contractor by the Owner.

45.7 All payments under the Contract shall be made as stipulated in the Contract after signing

the Contract Agreement. The payments linked with the dispatch of materials shall only be

made after production of all dispatch documents as specified in the relevant Contract con -

ditions which will interalia include the Material Inspection Clearance Certificate issued by

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 billed.

45.8 Billing and breakup: Price breakup for supply items will be considered only for billing purpose

 not for actual payment. Payment for equipments supplied shall be released as per price

schedule given in the tender specifications.

45.9 Inland Transportation & Insurance

Inland transportation (including port handling) and inland insurance charges shall be paid to

the Contractor on pro-rata to the value of the equipment received at site and on

production of the invoices by the Contractor. However, wherever equipment wise inland

transportation charges have been called for in the ‘Bid Proposal Sheets’ and have been

furnished by the Contractor, the payment of inland transportation charges shall be made

after receipt of equipment at site based on the charges thus identified by the Contractor in

his Proposal and incorporated in the Contract. The aggregate of all such pro-rata payments

shall however not exceed the total amounts quoted by the Bidder in his bid and

shall however not exceed the total amounts quoted by the Bidder in his bid and

incorporated in the Contract.

46.0 DEDUCTIONS FROM CONTRACT PRICE

All costs, damages or expenses which the Owner may have paid, for which under the Contract

the Contractor is liable, or any other retention award will be claimed by the Owner. All such

claims shall be billed by the Owner to the Contractor regularly as and when they fall due. Such

bills shall be supported by appropriate and certified vouchers or explanations, to enable the

Contractor to properly identify such claims. Such claims shall be paid by the Contractor within

thirty (30) days of the receipt of the corresponding bills and if not paid by the Contractor within

the said period, the Owner may then deduct the amount, from any monies due or becoming

due by him to the Contractor under the Contract or may be recovered by sections of Law or

47.0 SUBMISSION OF BILLS & PAYMENT TERMS: (As per clause no. 47.0 below)

1) The contractor has to get inspected the work while in progress and in case of exca -

vation and cable trench/civil work, the measurement and quality of work shall be got veri -

fied by a team of Engineers of corporate office/Circle office/a team of Engineers deputed

by DGVCL before back filling. The bills submitted without verification of above mentioned

team shall be liable for deduction up to 20% amount of R.A. bills as a penalty.

2) The R.A. bills/bills may be submitted by the contractor after satisfactory comple-

tion of 20% of work order/sub work order value for the work specified under schedule-B of

the work order after due inspection of team as per clause no. (1). The R.A. Bills may sub-

mitted to the concern sub division office under which work is executed within 15 (fifteen)

days of completion of work. The concern sub-division deputy Engineer has to issue the ac-

knowledgement of receipt to the contractors of bills submitted by contractors. The Con-

tractor shall also submit the copy of R.A. Bills/bills to the Executive Engineer of concern

division. The Executive Engineer shall monitor for receipt/acknowledgement and clearance

of the bills within stipulated time period.

The Deputy Engineer of concern sub division shall process the bills within 10 days from the

receipt of bills after due inventory verification for confirming the measurements and

specifications. The Executive Engineer of concern division shall process and pass the bills

within 20 days from receipt of the bills from subdivision after necessary percentage check

by either E.E./D.E.(Tech) and internal audit of the expenditure section. The Executive

Engineer shall ascertain the payment of bills to the contractor within 30 days from the

receipt of bills at subdivision. The Executive Engineer shall arrange the inspection of team

of two engineers (one form corporate office and one from the Circle office) along with

concern D.E. to inspect the site for checking/verifying the proper execution of the

Civil/Electrical work and installation (erection), commissioning and testing of electrical

equipments as mentioned in work order/sub work order. The Executive Engineer shall

release 80% payment of R.A. Bills/Bills after obtaining the site inspection certification from

team of Engineers as mentioned above. The Executive Engineer shall release the balance

20% of bills amount (retained bill amount) along with respective final bill payment, after

completion of whole/total work specified in work order/sub work order, ascertaining

desired performance as per scope of work. The Contractor shall have to invariably submit

the final bill along with the material account statement and other required data of work

carried out immediately after completion of work. The Executive Engineer shall ascertain

the crediting of the balance material lying with contractor/site as per material account

statement. If material is not credited by the contractor as per material account statement

in stipulated time frame, then DGVCL shall be at liberty to en-cash the security deposit

cum performance bank guarantee as per the cost of the material remained un credited.

48.0 TAKING DELIVERY AND INSURANCE:

48.1 The contractor has to keep all materials in safe custody and transport to the respective sites

and will be fully responsible for any damage to or loss of all materials at any stage during

transportation or erection till taking over by DGVCL

48.2 The Contractor has to open site store and ensure for safe custody of all the stored materials

at his own cost.

48.3 The Contractor shall have total responsibility for the entire materials stored, loose,

semi assembled and/or erected by him at site in his custody. The Contractor shall make

suitable security arrangements at his own cost to ensure the protection of all materials,

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

the responsibility of the contractor to arrange for security till the works are finally taken

over by the DGVCL

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

insurance cover at his cost to the extent of 100 % cost of materials, which are required to

complete the work. Contractor shall have to take comprehensive insurance policy against

any loss, damage, theft, pilferage, fire etc. for the complete period of storage, erection

and commissioning up to the time of taking over by DGVCL. 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 with held.

48.5 In the event of any damage, theft, loss, pilferage, fire etc., Contractor will be responsible to

lodge, pursue and settle all the claims with the Insurance Company for all items, materials and

the DGVCL 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 DGVCL will not entertain any claim / representation in

this regard. However it will be contractor's responsibility to insure the entire project is taken

over by the DGVCL.

49.0 Insurance:

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

Clauses titled Insurance Bidder’s attention is specifically invited to these clauses. Bid price

shall include all the costs in fulfilling all the insurance liabilities under the Contract.

49.1 The Contractor at his cost shall arrange, secure and maintain all insurance as may be pertinent

to the Works and obligatory in terms of law to protect his interest and interests of the Owner

against all perils detailed herein. The form and the limit of such insurance as defined herein to-

gether with the under-writer in each case shall be acceptable to the Owner. However, irrespec-

tive 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 re -

gard shall not relieve him of any of his contractual responsibilities and obligations. The insur -

ance covers to be taken by the Contractor shall be in the joint name of the Owner and the Con -

tractor. 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.

49.2 Any loss or damage to the equipment during handling, transportation, storage, erection,

putting into satisfactory operation and all activities to be performed till the successful

completion of commissioning of the equipment shall be to the account of the Contractor.

The Contractor shall be responsible for preference of all claims and make good the dam-

ages 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 in-

surance 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 re -

garding the expiry/cancellation and/or change in any of such documents and ensure revali-

dation, renewal etc., as may be necessary well in time.

49.3 The perils required to be covered under the insurance shall include, but not be limited to

fire and allied risks, miscellaneous accidents (erection risks) workman compensation risks,

loss or damage in transit, theft, pilferage, earth quake, riot and strikes and malicious dam-

ages, civil commotion, weather conditions, accidents of all kinds, etc. The scope of such in-

surance shall be adequate to cover the replacement/reinstatement cost of the equipment

for all risks up to and including delivery of goods and other costs till the equipment is deliv -

ered 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.

49.4 All costs on account of insurance liabilities covered under the Contract will be on Contrac -

tor’s account and will be included in Contract Price, However, the Owner may from time to

during the pendency of the Contract, ask the Contractor in writing to limit the insurance

coverage, risks and in such a case, the parties to the Contract will agree for a mutual

settlement, for reduction in Contract price to the extent of reduced premia amount. The

Contractor, while arranging the insurance shall ensure to obtain all discounts on premia

which may be available for higher volume or for reason of financing arrangement of the

49.5 The clause entitled ‘Insurance’ covers the additional insurance requirements for the por-

tion of the works to be performed at the Site.

50.0 Contract Quality assurance:

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

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

mance of the Works during various phases as detailed in relevant clause of the General

Technical Conditions.

50.2 At the time of Award of Contract, the detailed Quality Assurance Programme to be fol-

lowed for the execution of the Contract will be mutually discussed and agreed and such

agreed Programme shall form a part of the Contract.

50.3 The Bidder shall clearly specify the list of sub-vendors from whom the bought out items are

being supplied. Such details shall be accompanied by their list of previous supplies made

performance reports etc. However, in case of orders are placed, specific approval shall be

obtained from the owner for the vendor supplied materials. The quality assurance program

shall be furnished for each material separately for approval.

51.0 Erection Tools and Tackles:

The Bidder under a separate schedule, in his proposal shall include a list of all-special

equipment tools & tackles etc. which he proposes to bring to site for the purpose of

erection, handling, testing and commissioning including performance and guarantee tests of

the equipment. However such tools tackles brought to the site for purpose of erection,

handing testing & commissioning shall remain property of the contractor and can be taken

back after completion of the work.

52.0 Brand Names:

52.1 The specific reference in these specifications and documents to any material/equipment by

brand name makes or catalogue number shall be construed as establishing standards of quality

and performance and not as limiting competition. However, Bidders may offer other similar ma -

terial/equipment provided they meet the specified standard, design and performance require-

ments. The Bidder shall furnish adequate technical information about such alternative material

equipment to enable the Owner to determine its acceptability. The Owner shall be the sole

judge on the acceptability or otherwise of such alternatively material/equipment.

52.2 The bidder shall note that standards for workmanship material and equipment, and refer-

ence to brand name of catalogue numbers designed by the Owner in its Technical Specifica-

tions are intended to be descriptive only and not restrictive. The Bidder may substitute al-

ternative standards, brand name and/or catalogue numbers in its bid, provided that it

demonstrates to the Owner’s satisfaction that the substitutions are substantially equivalent

or superior to those designed in the Technical Specification.

53.0 CONTRACT DOCUMENTS

53.1 The term Contract Documents shall mean and include the following which shall be deemed

to form an integral part of the Contract:

a) Invitation to Bid including letter forwarding the Bidding Documents, General Terms

and Conditions of Contract and all other documents included under Part I and the Spe-

cial Conditions of Contract.

b) Specifications of the equipment to be furnished and erected under the Contract as

brought out in the accompanying Technical Specifications.

c) Contractor’s Bid Proposal and the documents attached there to including the letters

of clarifications thereto between the Contractor and the Owner prior to the Award of

Contract except to the extent of repugnancy.

d) All the materials, literature, data and information of any sort given by the Contractor

along with his bid, subject to the approval of the Owner /Consultant.

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

cial terms and conditions of Contract, if any.

53.2 In the event of any conflict between the above mentioned documents the matter shall be

referred to the Engineer whose decision shall be considered as final and binding upon the

54.0 USE OF CONTRACT DOCUMENTS AND INFORMATION

54.1 The Contractor shall not, without the Owner’s prior written consent, disclose the Contract,

or any provision thereof, or any specification, plan, drawing, pattern, sample or informa-

tion furnished by or on behalf of the Owner in connection therewith, to any person other

than a person employed by the Contractor in the performance of the Contract. Disclosure

to any such employed person shall be made in confidence and shall extend only so far as

may be necessary for the purpose of such performance.

54.2 The Contractor shall not, without the Owner’s prior written consent, make use of any docu-

ment or information enumerated in various Contract documents except for the purpose of

performing the Contract.

54.3 The Contractor shall not communicate or us in advertising, publicity, sales releases or in

any other medium, photographs or other reproduction of the Works under this Contract, or

descriptions of the site, dimensions, quantity, quality or other information, concerning the

works unless prior written permission has been obtained from the Owner.

54.4 Any document, other than the Contract itself, enumerated in various Contract documents

shall remain the property of the Owner and shall be returned (in all copies) to the Owner

on completion of the Contractor’s performance under the Contract if so required by the

55.0 CONSTRUCTION OF THE CONTRACT

55.1 Notwithstanding anything stated elsewhere in the bid documents, the Contract to be en-

tered into will be treated as a divisible Supply and Erection Contract.

Award shall be placed on the successful Bidder as follows:

i) First Contract: For supply of all equipment and materials at site.

ii) Second Contract: performance testing in respect of all the equipment material supplied

under the “First Contract” and any other equipment For providing all other services

like storage at site, handling at site, installation, testing , pre-commissioning and com-

missioning including /materials given by the owner for transport from owner’s stores,

insurance, unloading storage handling at site installation testing & commissioning.

55.2 In case of divisible supply and erection Contract, or where the Owner hands over his equip-

ment to the Contractor for executing, then the Contractor shall at the time of taking deliv -

ery of the equipment/dispatch documents be required to execute an Indemnity Bond in

favour of the Owner in the form acceptable to the DGVCL or keeping the equipment in safe

custody and to utilize the same exclusively for the purpose of the said Contract. Samples of

proforma for the Indemnity Bond will be furnished during award of Contract.

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

55.4 It is clearly understood that the total consideration for the Contract(s) has been broken up

into various components only for the convenience of payment under the Contract(s) and for

the measurement of deviations or modifications under the Contract(s).

56.0 JURISDICTION OF CONTRACT

56.1 The laws applicable to the Contract shall be the laws in force in India. The Courts of Surat

shall have exclusive jurisdiction in all matters arising under this Contract.

57.0 EXECUTION OF CONTRACT:

57.1 The Owner, after the issue of the Letter of Award to the Contractor, will send one copy of

the final agreement to the Contractor for his scrutiny and approval.

57.2 The Agreement, unless otherwise agreed to, shall be signed within 30 days of the accep-

tance of the Letter of Award, at the office the Owner at SURAT 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 Con-

tract is to be signed beyond the stipulated time, the Bid Guarantee submitted with the

Proposal will have to be extended accordingly.

57.3 The Agreement will be signed in copies to be specified and the Contractor shall be pro-

vided with one signed original and the rest will be retained by the Owner.

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

and descriptive materials submitted with the bid including soft copy, to form a part of the

Contract immediately after issue of Letter of Award .

57.5 Subsequent to signing of the Contract, the Contractor at his own cost shall provide the

Owner with copies of agreement within fifteen (15) days after the signing of the Contrac-

58.0 ENFORCEMENT OF TERMS

58.1 The failure of either party to enforce at any time any of the provisions of this Contract or

any rights in respect thereto or to exercise any option therein provided, shall in no way be

construed to be a waiver of such provisions, rights or options or in any way to affect the va -

lidity of the Contract. The exercise by either party of any of its rights herein shall not pre -

clude or prejudice either party from exercising the same or any other right it may have un-

der the Contract.

59.0 COMPLETION OF CONTRACT

59.1 Unless otherwise terminated under the provisions of any other relevant clause, this Contract

shall be deemed to have been completed on the expiry of the guarantee period as provided

for under the clause entitled ‘Guarantee’.

60.1 REPLACEMENT OF DEFECTIVE PARTS AND MATERIALS

60.1 If during the performance of the Contract, the Engineer shall decide and inform in writing to the

Contractor that the Contractor has manufactured any equipment, material or part of equipment

unsound and imperfect or has furnished any equipment inferior to the quality specified, the Con -

tractor 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 neces-

sary for making it good, proceed to alter, reconstruct or remove such works and furnish fresh

equipment/materials up to the standards of the specifications. In case, the Contractor fails to do

so, the Engineer may on giving the Contractor seven (7) days notice in writing of his intentions to

do so, proceed to remove the portion of the works so complained of and at the cost of the Con-

tractor perform all such Works or furnish all such equipment/ material provided that nothing in

this clause shall be deemed to deprive the Owner of or affect any rights under the Contract

which the Owner may otherwise have in respect of such defects and deficiencies.

60.2 The Contractor’s full and extreme liability under this clause shall be satisfied by the pay-

ment to the Owner of extra cost, of such replacement procured including erection as pro-

vided 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 re-

place the defective equipment/materials the Contractor’s extreme liability under this

clause shall be limited to repayment of all sums paid by the Owner under the Contract for

such defective equipment/materials.

61.0 PATENT RIGHTS AND ROYALTIES

Royalties and fees for patents covering materials, articles, apparatus, devices, equipment

or processes used in the works shall be deemed to have been included in the Contract

Price. The Contractor shall satisfy all demands that may be made at any time for such

royalties or fees and he alone shall be liable for any damages or claims for patent

infringements and shall keep the Owner indemnified in that regard. The Contractor shall,

at his own cost and expense, defend all suits or proceedings that may be instituted for

alleged infringement of any patents involved in the Works, and, in case of an award of

damages, the Contractor shall pay for such award. In the event of any suit or other

proceedings instituted against the Owner, the same shall be defended at the cost and

expense of the Contractor who shall also satisfy/comply with any decree, order or award

made against the Owner. But it shall be understood that no such machine, plant, work,

material or thing has been used by the Owner for any purpose or any manner other than

that for which they have been furnished and installed by the Contractor and specified

under these specifications. Final payment to the Contractor by the Owner will not be made

while any such suit or claim remains unsettled. In the event any apparatus or equipment, or

any part thereof furnished by the Contractor, is in such suit or proceedings held to

constitute infringement, and its use is enjoined, the Contractor shall at his option and at

his own expense, either procure for the Owner, the right to continue the use of said

apparatus, equipment or part thereof, replace it with non-infringing apparatus or

equipment or modify it, so it becomes non-infringing.

62.0 DEFENCE OF SUITS

If any action in court is brought against the Owner or Engineer or an officer or agent of the

Owner, for the failure, omission or neglect on the part of the Contractor to perform any

acts, matters, covenants or things under the Contract, or for damage or injury caused by

the alleged omission or negligence on the part of the Contractor, his agents,

representatives or his Sub-Contractors, or in connection with any claim based on lawful

demands of Sub-Contractors, workmen, suppliers or employees, the Contractor shall in all

such cases indemnify and keep the Owner, and the Engineer and/or his representative,

harmless from all losses, damages, expenses or decrees arising of such action.

63.0 LIMITATION OF LIABILITIES

The final payment by the Owner in pursuance of the Contract shall mean the release of the

Contractor from all his liabilities under the Contract. Such final payment shall be made only

at the end of the Guarantee/Warranty period, and till such time as the Contractual

liabilities and responsibilities of the Contractor, shall prevail. All other payments made

under the Contract shall be treated as on-account payments. The aggregate liabilities are

limited up to the total contract value.

64.0 ENGINEER’S DECISION

64.1 In respect of all matters which are left to the decision of the Engineer including the grant-

ing or with-holding of the certificates, the Engineer shall, if required to do so by the Con-

tractor, give in writing a decision thereon.

64.2 If, in the opinion of the Contractor, a decision made by the Engineer is not in accordance

with the meaning and intent of the Contract, the Contractor may file with the Engineer,

within fifteen (15) days after receipt of the decision, a written objection to the decision.

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.

64.3 The Engineer’s decision and the filing of the written objection thereto shall be a condition

precedent to the right to request arbitration. It is the intent of the Agreement that there

shall be no delay in the execution of the works and the decision of the Engineer as ren -

dered shall be promptly observed.

65.0 POWER TO VARY OR OMIT WORK

65.1 No alterations, amendments, omissions, suspensions or variations of the Works (hereinafter

referred to as ‘variation’) under the Contract as detailed in the Contract Documents, shall

be made by the Contractor except as directed in writing by the Engineer, but the Engineer

shall have full powers subject to the provisions hereinafter contained, from time to time

during the execution of the Contract, by notice in writing to instruct the Contractor to

make such variation without prejudice to the Contract. The Contractor shall carry out such

variation and be bound by the same conditions as far as applicable as though the said varia-

tions 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 guar -

antees 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 be.

65.2 In the event of Engineer requiring any variation, a reasonable and proper notice shall be

given to the Contractor to enable him to work his arrangement accordingly, and in cases

where goods or materials are already prepared or any design, drawings or pattern made or

work done as per the contract requires to be altered, a reasonable and agreed sum in re-

spect thereof shall be paid to the Contractor.

65.3 In any case in which the Contractor has received instructions from the Engineer as to the

requirement of carrying out the alterations or additional or substituted work which either

then or later on, will in the opinion of the Contractor, involve a claim for additional pay -

ment, the Contractor shall immediately and in no case later than thirty (30) days, after re-

ceipt of the instructions aforesaid and before carrying out the instructions, advise the Engi-

neer to that effect. But the Engineer shall not become liable for payment of any charges in

respect of any such variations, unless the instructions for the performance of the same

shall be confirmed in writing by the Engineer.

65.4 If any variation in the Works results in reduction of Contract Price, the parties shall agree,

in writing, so to the extent of any change in the price, before the Contractor proceeds with

65.5 In all the above cases, in the event of a disagreement as to the reasonableness of the said

sum, the decision of the Engineer shall prevail.

65.6 Notwithstanding anything stated above in this clause, the Engineer shall have the full

power to instruct the Contractor, in writing, during the execution of the Contract to vary

the quantities of the items or groups of items in accordance with the provisions of clause

entitled ‘Change of Quantity’ in section GCC. The Contractor shall carry out such variations

and be bound by the same conditions as though the said variations occurred in the Contract

Documents. However, the Contract Price shall be adjusted at the rates and the prices pro-

vided for the original quantities in the Contract.

66.0 ASSIGNMENT AND SUB-LETTING OF CONTRACT

66.1 The Contractor may, after informing the Chief Engineer (O&M) DGVCL & getting written ap-

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

minor items or for any part of the plant for which makes are identified in the Contract.

Suppliers of the equipment not identified in the Contract or any change in the identified

suppliers shall be subject to approval by the Chief Engineer (O&M). The experience of

equipment vendors under consideration by the Contractor for this Contract shall be fur-

nished to the Chief Engineer (O&M) for approval prior to procurement of all such items/

equipment. Such assignment/sub-letting shall not relieve the Contractor from any obliga-

tion, duty or responsibility under the Contract. Any assignment as above, without prior

written approval of Chief Engineer (O&M), shall be void. In case of Erection activity, the

contractor may after getting written approval from Chief Engineer (O&M), DGVCL assign or

sublet any part of erection or as a whole. To do so contractor have to apply for such sublet-

ting with a clear proposal stating details & experience of the subletting agency, along with

the tender or within 30 days from the date of LOI & decision thereof will be conveyed

within 30 days thereafter by DGVCL The proposed erection agency shall have experience of

executing similar job of voltage class of 22Kv & above and value equivalent to erection por-

tion during last five years. The decision of competent authority in this regard shall remain

final and binding to the agency.

66.2 For components/equipment procured by the Contractor for the purposes of the Contract,

after obtaining the written approval of the Owner, the Contractor’s purchase specifications

and enquiries shall call for quality plan to be submitted by the suppliers along with their

Proposals. The quality plans called for from the Vendors shall set out, during the various

stages of manufacture and installation, the quality practices and procedures followed by

the Vendors’ quality control organization, the relevant reference document/standard used,

acceptance level, inspection documentation raised, etc. Such quality plans of the success-

ful vendors shall be discussed and finalized in consultation with the Engineer and shall form

a part of the Purchase Order/Contract between the Contractor and the Vendor. Within

three weeks of the release of the Purchase Orders/Contracts for such bought out items/

components a copy of the same without price details but together with detailed purchase

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

the Contractor.

67.0 CHANGE OF QUANTITY

67.1 During the execution of the Contract, the Owner reserves the right to increase or decrease

the quantities of items under the Contract but without any change in unit price or other

terms & conditions. Such variations unless otherwise specified in the accompanying GCC

and/or Technical Specifications, shall not be subjected to any limitation for the individual

items but the total variations in all such items under the Contract shall be limited to the

extent of 30%(Thirty Percent) of the contract price by way of suitable amendment to the

67.2 The Contract price shall accordingly be adjusted based on the unit rates available in the

Contract for the change in quantities as above. The base unit rates, as identified in the

Contract shall however remain constant during the currency of the Contract, In case the

unit rates are not available for the change in quantity, the same shall be subjected to mu-

tual agreement.

67.3 As this is an EPC contract, engineering work will be done by the Contractor. Responsibility

of material will be that of the contractor.

68.0 PACKING, FORWARDING AND SHIPMENT

68.1 The Contractor, wherever applicable, shall after proper painting, pack and crate all equip-

ment 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 Con -

tractor shall be held responsible for all damages due to improper packing.

68.2 The Contractor shall notify the Owner of the date of each shipment from his works, and the

expected date of arrival at the Site for the information of the Owner.

68.3 The Contractor shall also give all shipping information concerning the weight, size and con -

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

68.4 The following documents shall be sent by registered post to the Owner within three days

from the date of shipment, to enable the Owner to make progressive payments to the Con -

tractor:-Application for payment in the standard format of the Owner invoice, Packing list,

Pre-dispatch clearance certificate, if any Test Certificate, wherever applicable Insurance

68.5 The Contractor shall prepare detailed packing list of all packages and containers, bundles

and loose materials forming each and every consignment dispatched to Site.

The Contractor shall further be responsible for making all necessary arrangements for

loading, unloading and other handling right from his works up to the Site and also till the

equipment is erected, tested and commissioned. He shall be solely responsible for proper

storage and safe custody of all equipment.

69.0 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 Consulting Engineers of the Owner in respect of

such exchange of technical information, wherever needed.

70.0 NO WAIVER OF RIGHTS

Neither the inspection by the Owner or the Engineer or any of their officials, employees, or

agents nor any order by the Owner or the Engineer for payment of money or any payment

for or acceptance of, the whole or any part of the Works by the Owner or the Engineer, nor

any extension of time, nor any possession taken by the Engineer shall operate as a waiver

of any provision of the Contract, or of any power herein reserved to the Owner or any right

to damages herein provided nor shall any waiver of any breach in the Contract be held to

be a waiver of any other or subsequent breach.

71.0 CERTIFICATE NOT TO AFFECT RIGHT OF OWNER AND LIABILITY OF THE CONTRACTOR.

No interim payment certificate of the Engineer, nor any sum paid on account by the Owner,

nor any extension of time for execution of the Works granted by the Engineer shall affect or

prejudice the rights of the Owner against the Contractor or relieve the Contractor of his

obligation for the due performance of the Contract, or be interpreted as approval of the

Works done or of the equipment furnished and no certificate shall create liability for the

Owner to pay for alterations, amendments, variations or additional works not ordered, in

writing , by the Engineer or discharge the liability of the Contractor for the payment of

damages whether due, ascertained, or certified or not or any sum against the payment of

which he is bound to indemnify the Owner, nor shall any such certificate nor the acceptance by

him of any sum paid on account or otherwise affect or prejudice the rights of the Owner against

the Contractor.

72.0 PROGRESS REPORTS

During the various stages of the work in pursuance of the Contract, the Contractor shall at

his own cost submit periodic progress reports as may be reasonably required by the

Engineer with such materials as, in approved MS PROJECT ,charts, net-works, photographs,

test certificates, etc. Such progress reports shall be on monthly base for supply items &

fortnightly for erection activities in the form and size as may be required by the Engineer.

73.0 TAKING OVER

Upon successful completion of all the tests and commissioning by the Contractor, the Engineer

shall issue to the Contractor a Taking over Certificate (TOC) as a proof of the final acceptance

of the equipment. Such certificate shall not unreasonably be withheld nor will the Engineer

delay the issuance thereof on account of minor omissions or defects which do not affect the

commercial operation and/or cause any serious risk to the equipment. Such certificate shall not

relieve the Contractor of any of his obligations which otherwise survive, by the terms and

conditions of the Contract after issue of such certificate. In the event of completion of pre

commissioning tests carried out jointly, if energization of the work is prevented for reasons not

attributable to the successful bidder, the Preliminary Acceptance Certificate shall be given

within 30 days of pre commissioning tests prior to Taking over Certificate (TOC).

74.0 RISK DISTRIBUTION--TRANSFER OF TITLE

74.1 Transfer of title in respect of equipment and materials supplied by the Contractor to

DGVCL pursuant to the terms of the Contract shall pass on to DGVCL with negotiation of

dispatch documents.

74.2 This Transfer of Title shall not be construed to mean the acceptance and the consequent “Tak-

ing Over” of equipment and materials. The Contractor shall continue to be responsible for the

quality and performance of such equipment and materials and for their compliance with the

specifications until “Taking Over” and the fulfillment of guarantee provisions of this Contract.

74.3 This Transfer of Title shall not relieve the Contractor from the responsibility for all risks of loss

or damage to the equipment and materials as specified under the clause entitled “Insurance” of

75.0 LIABILITY FOR ACCIDENTS AND DAMAGES

Under the Contract, the Contractor shall be responsible for loss or damage to the plant until the

successful completion of commissioning as defined elsewhere in the Bid document.

76.0 DEMURRAGE, WHARFAGE, ETC.

All demurrage, wharf age and other expenses incurred due to delayed clearance of the material

or any other reason shall be to the account of the 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 perfor-

mance of the Contract, such as:

a. Natural phenomena, including but not limited to floods, droughts, earthquakes and epi-

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 . 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 reinstate-

ment of the Works will be issued by the Engineer to the Contractor in writing. The time for com-

pletion 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 suspen-

sion 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 execute such part of the works as the

Contractor may have neglected to do or if the Owner shall think fit, without prejudice to

any other right he may have under the Contract to take the work wholly or in part out of

the Contractor’s hands and re-contract with any other person or persons to complete the

works or any part thereof and in that event the Owner shall have free use of all Contrac-

tor’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 exclu-

sion of any right of the Contractor over the same, and the Owner shall be entitled to retain

and apply any balance which may otherwise be due on the Contract by him to the Contrac -

tor, or such part thereof as may be necessary, to the payment of the cost of executing the

said part of the Works or of completing the Works as the case may be. If the cost of com -

pleting of works or executing part thereof as aforesaid shall exceed the balance due to the

Contractor shall pay such excess. 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 li-

ability to pay liquidated damages for delay in completion of Works.

79.3 Such action by the Owner as aforesaid the termination of the Contract under this clause

shall not entitle the Contractor to reduce the value of the Contract Performance Guarantee

nor the time thereof. The Contract Performance Guarantee shall be valid for the full value

and for the full period of the Contract including guarantee period.

80.0 TERMINATION OF CONTRACT ON OWNER`S INITIATIVE

80.1 The Owner reserves the right to terminate the Contract either in part or in full due to rea-

sons 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 deci-

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 satis-

factory to the Owner, stop all further sub-contracting or purchasing activity related to the

work terminated, and assist Owner in maintenance, protection, and disposition of the

works acquired under the Contract by the Owner.

In the event of such a termination the Contractor shall be paid compensation, equitable

and reasonable, dictated by the circumstances prevalent at the time of termination.

80.3 If the Contractor is an individual or a proprietary concern and the individual or the proprietor

dies and if the Contractor is a partnership concern and one of the partners dies then unless the

Owner is satisfied that the legal representatives of the individual Contractor or of the proprietor

of the propriety concern and in the case of partnership, the surviving partners, are capable of

carrying out and completing the Contract the Owner shall be entitled to cancel the Contract as

to its in completed part without being in any way liable to payment of any compensation to the

estate of deceased Contractor and/or to the surviving partners of the Contractor’s firm on ac-

count of the cancellation of the Contract. The decision of the Owner that the legal representa -

tives of the deceased Contractor or surviving partners of the Contractor’s firm cannot carry out

and complete the Contract shall be final and binding on the parties. In the event of such

cancellation the Owner shall not hold the estate of the deceased Contractor and/or the

surviving partners of the estate of the deceased Contractor and/or the surviving partners of

the Contractor’s firm liable to damages for not completing the Contract.

81.0 FRUSTRATION OF CONTRACT

81.1 In the event of frustration of the Contract because of supervening impossibility in terms of Sec-

tion 56 of the Indian Contract Act, parties shall be absolved of their responsibility to perform

the balance portion of the Contract, subject to provisions contained in sub-clause 84.3 below.

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 un-

der the Contract shall be suspended.

Furthermore, if the Owner is unable to make satisfactory alternative arrangements for

financing to the Contractor in accordance with the terms of the Contract within three

months of the event, the parties hereto shall be relieved from carrying out further

obligations under the Contract treating it as frustration of the Contract.

81.3 In the event referred to in sub-clauses 81.1& 81.2 above the parties shall mutually discuss

to arrive at reasonable settlement on all issues including amounts due to either party for

the work already done on quantum merit_ basis which shall be determined by mutual

agreement between the parties.

82.0 GRAFTS AND COMMISSIONS ETC.

Any graft, commission, gift or advantage given, promised or offered by or on behalf of the

Contractor or his partner(s), agent(s), officer(s), director(s), employee(s) or servant(s) or

any one on his or their behalf in relation to the obtaining or to the execution of this or any

other Contract with the Owner, shall in addition to any criminal liability which it may incur,

subject the Contractor to the cancellation of this and all other Contracts and also to

payment of any loss or damage to the Owner resulting from any cancellation. The Owner

shall then be entitled to deduct the amount so payable from any monies otherwise due to

Contractor under the Contract.

83.0 RESOLUTION OF DISPUTES SETTLEMENT OF DISPUTES

83.1 Any dispute(s) or difference(s) arising out of or in connection with the Contract shall, to

the extent possible, be settled amicably between the parties.

83.2 If any dispute or difference of any kind, whatsoever, shall arise between the Owner and the

Contractor, arising out of the Contract for the performance of the Works whether during

the progress of the Works or after its completion or whether before or after the termina-

tion, abandonment or breach of the Contract, it shall, in the first place, be referred to and

settled by the Engineer, who, within a period of thirty (30) days after being requested by

either party to do so, shall give written notice of his decision to the Owner and the Con -

83.3 Save as hereinafter provided, such decision in respect of every matters so referred shall be

final and binding upon the parties until the completion of the Works and shall forthwith be

given effect to by the Contractor who shall proceed with the Works with all due diligence,

whether he or the Owner requires arbitration as hereinafter provided or not.

83.4 If after the Engineer has given written notice of his decision to the parties, no claim to ar-

bitration has been communicated to him by either party within thirty (30) days from the re-

ceipt of such notice, the said decision shall become final and binding on the parties.

83.5 In the event of the Engineer failing to notify his decision as aforesaid within thirty (30) days

after being requested as aforesaid, or in the event of either the Owner or the Contractor

being dissatisfied with any such decision, or within thirty (30) days after the expiry of the

first mentioned period of thirty days, as the case may be, either party may require that the

matters in dispute be referred to arbitration as hereinafter provided.

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 here -

inafter provided.

84.1.1 The arbitration shall be conducted by three arbitrators, one each to be nominated by the Con-

tractor 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 parties.

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, direc-

tion, certification or valuation of the Engineer in accordance with the Contract, and nei-

ther party shall be limited in the proceedings before such arbitrators to the evidence or ar-

guments 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 disqual -

ify 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 par-

ties to this contract in connection with the contract or any matter arising out of or in relation

there to shall be referred to the “Gujarat public works contracts disputes arbitration tribunal”

as per the provisions of the Gujarat public works contracts disputes arbitration

tribunalact,1992.

The reference to arbitration proceedings under this clause shall not

a) Affect the right of the Engineer -in charge to take possession of all or any tools, plants,

materials and stores, in or upon the work or site thereof or belonging to the contractor

or procured by him and intended to be used for the execution of the work or any part

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 Con-

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 is no specification.

d) Preclude the DGVCL from getting the work done by another agency. Neither party is

entitled to bring a claim to arbitration latest by thirty days after the expiration of the

defects liability period. The provisions of the Arbitration Act, 1992, Gujarat Public

Works Contract Disputes Arbitration Tribunal Act, 1992, and rules made there under

shall apply to the arbitration proceeding under this clause. “

85.0 RECONCILIATION OF ACCOUNTS

The Contractor shall prepare and submit every two months, a statement covering payments

claimed and the payments received vis-à-vis the works executed, for reconciliation of

accounts with the Owner. The Contractor shall also prepare and submit a detailed account

of Owner Issue materials received and utilized by him for reconciliation purpose in a format

to be discussed & finalized with the Owner before the award of Contract.

86.0 LABOUR LAWS:

1. Persons below the age of 18 years shall not be employed for the work. No female worker

shall be employed in the night shift between 07.00 p.m. and 06.00 a.m. next day.

2. Contractor shall maintain a valid labour license under the contract Labour (Regulation and

abolition) Act for employing necessary manpower required by him. In the absence of such

license, the contract shall be liable to be terminated without assigning any reason thereof.

3. The Contractor shall at his own expenses comply with all labour laws and keep the DGVCL

indemnified in respect thereof. Some of the major liabilities under various labour and in-

dustrial 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 workmen.

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 In-

dustrial Dispute Act. Any payment to the Contractor’s employee arising out of any

claim of disputes under the Industrial Disputes Act 1947 or any other Labour Laws.

vii) Payment of compensation in case of accidental injury.

viii) Provision of crèche if the female laborers employed are more than

ix) Maternity Leave as per the provisions of the Maternity Benefit Act.

4. The above are some of the major liabilities of the Contractor in addition to other liabilities pre-

scribed 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.

5. 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.

6. 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

7. ADMINISTRATIVE CHARGES:

Administrative charges for maintaining Provident Fund Account shall be deposited by the

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

8. 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 DGVCL.

9. WORKMAN’S COMPENSATION FUND AND EMPLOYER’S LIABILITY INSURANCE: The contrac-

tor shall cover all his employees under workmen’s compensation fund and under the liabil -

ity 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 pen-

dency of the contract.

10.The contractor shall employ adequate number of experienced skilled at site for daily su -

pervision and for maintenance of various registers and records required under the law and

contract. No payment for supervision shall be admissible

11.CONTRCTOR TO INDEMNIFY THE DGVCL:

The Contractor shall Indemnify the DGVCL and every member officer and employees of the

DGVCL 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 or Government for or in respect of

performance of his obligation under the contract documents. The DGVCL shall not be liable

for intervention of authority Government for or in respect of performance of his obligation

under the contract documents. The DGVCL 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 DGVCL against all claims, demands, proceedings, cost, charges and

expenses whatsoever in respect thereof or in relation thereto.

WORKMEN’S COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE

12.Insurance shall be affected for all the Contractor’s employee engages in the performance

of this contract. If any of the work is sublet, the Contractor shall required the Sub-Con -

tractor to provide workmen’s employer’s liability insurance for the latter’s employees,

such employees shall be covered under the Contractor’s Insurance.

13.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 DGVCL, so that,

in case of labour trouble etc. the Contractor can be contacted. The Contractor shall

arrange to have his office outside the factory work premises and the Contractor shall

arrange to have his office outside the factory work premises and the Contractor shall

keep himself present throughout the working hours.

14.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.

87.0 Termination of Contract.

In case of contractor fails to deliver the stocks or any consignment thereof within

contractual period of delivery or in case the stores are found not in accordance with

prescribed specification and/or the approved sample, the DGVCL shall exercise its

discretionary power either:

87.1 To recover, from the contractor as agreed, by way of penalty clause above, or

87.2 To purchase from elsewhere after giving due notice to the contractor on account and at

the risk of the contractor for such stores not so delivered or other similar description with-

out canceling the contract in respect of the consignment not yet due for delivery.

88.0 To cancel the contract.

In the event of the risk purchase of stores of similar description, the opinion of the DGVCL shall

be final. In the event of action taken under clause above, the contractor shall be liable to pay

for any loss which the DGVCL 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 DGVCL

shall be final as regards to the acceptability of stores supplied by the contractor and the

DGVCL shall not be required to give any reason in writing or otherwise at any time for

rejection of the stores.

89.0 PRE INSPECTION AND VERIFICATION OF SITE BY BIDDERS

Bidder, if desire, may visit and inspect proposed work site of division before bidding. Prospecting

bidder may contact our Deputy Engineer (O&M) sub-division with prior appointment and

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 Contractor. Should any such inspection or registra-

tion need to be re-arranged due to the fault of the Contractor or his Sub Contractor, the addi -

tional 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 cable

laying, 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 facili -

ties 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.

6.0 CO-OPERATION WITH OTHER CONTRACTORS

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,

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Date Place Signature of the tenderer Company’s Round Seal

due to the Contractor’s work shall promptly be made good at the Contractor’s own

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 represen-

tatives and no claim of the Contractor will be entertained because of the failure or ineffi-

ciency 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 in -

cluding 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 continu-

ously 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.

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 cor-

rective measures, wherever necessary.

10.0 MAN-POWER REPORT

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

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

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

ing, allowances and other payments to the Contractor’s employees shall be the sole re-

sponsibility 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

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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

13.1 Space: 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 Engi -

neer. Until and unless the Contractor has handed over the vacant possession of land allot-

ted to him for the above purpose, the payment of his final bill shall not be made.

13.2 Electricity: Power supply:

The Agency finalized for EPC contract by DGVCL, shall apply for temporary connection to

the concerned DISCOM Sub-Division paying required Service Charges and Deposit. Such

temporary connections to be released on the name of EPC-Contractor 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 equip-

ments; tools, tackles and scaffoldings required for pre-assembly, erection, testing and

commissioning of the equipment 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 Engineer

14.2 First-aid: 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.

14.3 Cleanliness: 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 such damage.

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

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

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.

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 equipment and materials in his

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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 PRE-COMMISSIONING TRIALS AND INITIAL OPERATIONS

The pre-commissioning trials and initial operations of the equipment furnished and erected by

the Contractor shall be the responsibility of the Contractor as detailed in relevant clauses of

Technical Specifications. The Contractor shall provide, in addition, test instruments,

calibrating devices, etc and labour required for successful performance of these trials. If it

is anticipated that the above test may prolong for a long time, the Contractor’s workmen

required for the above test shall always be present at Site during such trials.

19.0 MATERIALS HANDLING AND STORAGE

19.1 All the equipment furnished under the Contract and arriving at Site shall be promptly re-

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

19.2 Contractor shall be responsible for examining all the shipment and notify the Engineer im-

mediately of any damages, storage, discrepancy etc, for the purpose of Engineer’s infor-

mation 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 of the equip-

ment at Site. Any demurrage, wharf age and other such charges claimed by the trans-

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

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

all equipment materials received by him for the purpose of erection and keep such record

open for the inspection of the Engineer in-charge.

19.4 All equipment shall be handled very carefully to prevent any damage or loss. The equip -

ment stored shall be properly protected to prevent damage either to the equipment or to

the floor where they are stored. The equipment from the store shall be moved to the ac-

tual location at the appropriate time so as to avoid damage of such equipment at Site.

19.5 All electrical panels, control gears, motors and such other devices shall be properly dried

by heating before they are installed and energized. Motor bearings, slip ring, commutators

and other exposed parts shall be protected against moisture ingress and corrosion during

storage and periodically inspected.

19.6 All the electrical equipment such as motors, generators, etc. shall be tested for insulation

resistance at least once in three months from the date of receipt till the date of commis -

sioning and a record of such measured insulation values maintained by the Contractor.

Such records shall be opened for inspection by the Engineer.

19.7 The consumable and other supplies likely to deteriorate due to storage must be thor-

oughly protected and stored in a suitable manner to prevent damage or deterioration in

quality by storage.

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

weatherproof and flame proof covering material wherever applicable.

19.9 If the materials belonging to the Contractor are stored in areas other than those ear-

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

for the Contractor at the Contractor’s cost.

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

all equipment, which require indoor storage. Normally, all the electrical equipment such

as motors, control gears, generators, exciters and consumables like electrodes, lubricants

etc. shall be stored in the closed storage space. The Engineer, in addition, may direct the

Contractor to move certain other materials, which in his opinion will require indoor stor-

age, to indoor storage areas, which the Contractor shall strictly comply with.

20.0 CONSTRUCTION MANAGEMENT

20.1 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 schedul-

ing and coordination of work. Such decision by the Engineer shall not be a cause for extra

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compensation or extension of time for the Contractor.

20.2 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 dis-

cussions 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 Con-

tractors and in such a case the Contractors if called, will also attend such meetings.

20.3 Time is the essence of the Contract and the Contractor shall be responsible for perfor -

mance 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 acceler-

ate the progress of the work to comply with the schedule and shall communicate such ac-

tions 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.

20.4 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.

21.0 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.

22.0 CONTRACTOR’S MATERIALS BROUGHT TO SITE

22.1 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 destruc-

tion thereof and damage thereto.

22.2 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 of any such goods, in such manner as he shall think fit and

to apply the proceeds in or towards the satisfaction of such sum or sums due as aforesaid.

22.3 After the completion of the Works, the Contractor shall remove from the Site under the direc-

tion of the Engineer the materials such as construction equipment, erection tools and tackles,

scaffolding etc. with the written permission of the Engineer.

23.0 PROTECTION OF PROPERTY AND CONTRACTOR’S LIABILITY

23.1 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 employ-

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

public and private property.

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

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25.0 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- Compensation As per statutory Provisions

Employee’s liability As per statutory Provisions

26.0 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. 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 pursuant to the

Contract. The above are only illustrative list of insurance covers normally required and it

will be the responsibility of the Contractors to maintain all necessary insurance coverage

to the extent both in time and amount to take care of all his liabilities either direct or

indirect, in pursuance of the Contract.

27.0 UNFAVOURABLE WORKING CONDITIONS

The Contractor shall confine all his field operations to those works, which can be performed

without subjecting the equipment and materials to adverse effects during inclement weather

conditions, like monsoon, storms etc. and during other unfavorable construction conditions. No

field activities shall be performed by the Contractor under conditions, which might adversely

affect the quality and efficiency thereof, unless special precautions or measures are taken by

the Contractor in a proper and satisfactory manner in the performance of such Works and

with the concurrence of the Engineer. Such unfavorable construction conditions will in no

way relieve the Contractor of his responsibility to perform the Works as per the schedule.

28.0 PROTECTION OF MONUMENTS AND REFERENCE POINTS

The Contractor shall ensure that any finds such as relic, antiquity, coins, fossils, etc.

which he may come across during the course of performance of his Works either during

excavation or elsewhere, are properly protected and handed over to the Engineer.

Similarly the Contractor shall ensure that the bench marks, reference points, etc, which

are marked either with the help of Engineer or by the Engineer shall not be disturbed in

any way during the performance of his Works. If any work is to be performed which

disturbs such reference the same shall be done only after these are transferred to other

suitable locations under the direction of the Engineer. The Contractor shall provide all

necessary materials and assistance for such relocation of reference points etc.

WORK & SAFETY REGULATIONS

I. the Contractor shall ensure proper safety of all the workmen, materials, plant and

equipment belonging to him or to DGVCL or to others, working at the Site. The

Contractor shall also be responsible for provision of all safety notices and safety

equipment required both by the relevant legislations and the Engineer, as he may deem

II. All equipment used in construction and erection by Contractor shall meet

Indian/International Standards and where such standards do not exist, the Contractor

shall ensure these to be absolutely safe. All equipment shall be strictly operated and

maintained by the Contractor in accordance with manufacturer’s Operation Manual and

safety instructions and as per Guidelines/rules of DGVCL in this regard.

III. Periodical examinations and all tests for all lifting/hoisting equipment & tackles

shall be carried-out in accordance with the relevant provisions of Factories Act

Indian Electricity Act 1910 and associated Laws/Rules in force from time to time.

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A r e g i s t e r o f s u c h examinations and tests shall be properly maintained by the

Contractor and will be promptly produced as and when desired by the Engineer or by the

person authorized by him.

IV. The Contractor shall provide suitable safety equipment of prescribed standard

to all employees and workmen according to the need.

V. The Contractor shall provide safe working conditions to all workmen and employees at

the Site including safe means of access, railings, stairs, ladders, scaffoldings

etc. The scaffoldings shall be erected under the control and supervision of an

experienced and competent person. For erection, good and standard quality of

material only shall be used by the Contractor.

VI. The Contractor shall not interfere or disturb electric fuses, wiring and other

electrical equipment belonging to the Owner or other Contractors under any

circumstances, whatsoever, unless expressly permitted in writing by DGVCL to handle

such fuses, wiring or electrical equipment

VII. Before the Contractor connects any electrical appliances to any plug or socket

belonging to the other Contractor or Owner, he shall:

a. Satisfy the Engineer that the appliance is in good working condition;

b. Inform the Engineer of the maximum current rating, voltage and phases of

the appliances;

c. Obtain permission of the Engineer detailing the sockets to which the appliances may

VIII. The Engineer will not grant permission to connect until he is satisfied that;

a. The appliance is in good condition and is fitted with suitable plug;

b. The appliance is fitted with a suitable cable having two earth conductors, one of

which shall be an earthed metal sheath surrounding the cores.

IX. No electric cable in use by the Contractor/Owner will be disturbed without prior

permission. No weight of any description will be imposed on any cable and no ladder or

similar equipment will rest against or attached to it.

X. No repair work shall be carried out on any live equipment. The equipment must be

declared safe by the Engineer and a permit to work shall be issued by the Engineer

before any repair work is carried out by the Contractor. While working on electric

lines/equipment, whether live or dead, suitable type and sufficient quantity of

tools will have to he provided by the Contractor to electricians/workmen/officers.

XI. In case any accident occurs during the construction/ erection or other associated

activities undertaken by the Contractor thereby causing any minor or major or

fatal injury to his employees due to any reason, whatsoever, it shall be the

responsibility of the Contractor to promptly inform the same to the Engineer in prescribed

form and also to all the authorities envisaged under the applicable laws.

XII. The Engineer shall have the right at his sole discretion to stop the work, if in his opinion

the work is being carried out in such a way that it may cause accidents and endanger

the safety of the persons and/or property, and/or equipment. In such cases, the

Contractor shall be informed in writing about the nature of hazards and possible

injury/accident and he shall comply to remove shortcomings promptly. The Contractor

after stopping the specific work can, if felt necessary, appeal against the order of

stoppage of work to the Engineer within 3 days of such stoppage of work and

decision of the Engineer in this respect shall be conclusive and binding on the

XIII. The Contractor shall not be entitled for any damages/compensation for stoppage of

work due to safety reasons and the period of such stoppage of work will not be

taken as an extension of time for completion of work and will not be the ground

for waiver of levy of liquidated damages.

XIV. It is mandatory for the Contractor to observe during the execution of the works,

requirements of Safety Rules which would generally include but not limited to following:

a) Each employee shall be provided with initial indoctrination regarding safety by

the Contractor, so as to enable him to conduct his work in a safe manner.

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b) No employee shall be given a new assignment of work unfamiliar to him without

proper introduction as to the hazards incident thereto, both to himself and his fellow

c) Employees must not leave naked fires unattended. Smoking shall not be permitted

around fire prone areas and adequate firefighting equipment shall be provided at

crucial location.

d) There shall be a suitable arrangement at every work site for rendering prompt and

sufficient first aid to the injured.

j) Requirements of ventilation in underwater working to licensed and experienced divers,

use of gum boots for working in slushy or in inundated conditions are essential

requirements to be fulfilled.

XV The Contractor shall follow and comply with all DGVCL Safety Rules, relevant provisions

of applicable laws pertaining to the safety of workmen, employees, plant and equipment

as may be prescribed from time to time without any demur, protest or contest or

reservations. In case of any discrepancy between statutory requirement and DGVCL Safety

Rules referred above, the latter shall be binding on the Contractor unless the statutory

provisions are more stringent.

a. Fatal injury or accident-Rs. 1,00,000/- : These are causing death per person applicable for

b. Major injuries or accident causing Rs. 10,000/- injury to 25% or more permanent

disablement per person: any person, to Workmen or employees: whosoever.

Permanent disablement shall have same meaning as indicated in Workmen’s Compensation

Act. The compensation mentioned above shall be in addition to the compensation payable

to the workmen/employees under the relevant provisions of the Workmen’s Compensation

Act and rules framed there under or any other applicable laws as applicable from time to

time. In case the Owner is made to pay such compensation then the Contractor is liable to

reimburse the Owner such amount in addition to the compensation indicated above.

30.0 CODE REQUIREMENTS

The erection requirements and procedures to be followed during the installation of the

equipment shall be in accordance with the relevant Codes and accepted good engineering

practice, the Engineer’s drawings and other applicable Indian recognized codes and laws

and regulation of the Government of India.

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SPECIAL CONDITIONS OF CONTRACT

1.0 General Particulars:

This part of the Bid Document relates to certain specific/special terms and conditions particular to

the Contract. The provisions herein are to be read and understood in conjunction with the relevant

provisions elsewhere in the General Conditions of Contract (GCC) and Erection Conditions of Contract

(ECC). The intent of provisions herein are specific to this contract and are, in general, supplementary

to related provisions under GCC and ECC. However, in certain provisions which are contrary to those

in GCC and ECC, the provisions in these Special Conditions of Contract will prevail.

2.0 Tender Fee :

Tender fee (Non-refundable) plus GST as applicable notified in the tender notice should invariably

be paid by way of Demand Draft/ Bankers Cheque; otherwise offer will be ignored out rightly. Indian

Postal Orders (IPO’s) & Cheques are not acceptable. Demand Draft/ Bankers Cheque should be in the

“Name of Company.”, Payable at Bardoli Div.

The Tender Fees is Non-refundable under normal circumstances. However, if purchaser company

decides to scrap/ cancel the tender, by one or another reason, in which bidders are not responsible

for cancellation/ scrap of tender, in such case tender fee may be refunded to bidder(s), at sole

discretion of the purchaser company.

3.0 Earnest Money Deposit (EMD):

As the estimated cost for this Tender is more than Rs. 11,000.00, the EMD is payable as under: 50 %

of EMD by DD in favour of DGVCL on any Scheduled Bank in SURAT. Balance 50 % by Bank Guarantee

from list as per clause no.36.1 or Bidder can pay 100% amount of EMD in Demand Draft. The refund of

EMD amount will be possible only after finalization of subject tender. For that unsuccessful bidder

has submit original Money receipt & Advance stamp receipt along with forwarding letter on

company’s letter head by addressing to E.E. Bardoli Division.

4.0 Declaration by Bidder:

The Bidder shall sign the Declaration enclosed to this SCC and not furnishing the same will make the

5.0.1 BIDDER TO SATISFY THE ENTIRE FOLLOWING PRE-QUALIFIYING REQUIREMENT.

5.1 For this bidder has to submit true copies of financial statements certified by CA for the above period. A

separate certificate from the CA shall be submitted for annual financial turnover of above period.

A. The same should have been in successfully commissioned and in working condition since one year

in electricity utility.

B. All the Equipment proposed to be supplied shall have valid type test certificates of relevant IS

from Government approved/ NABL laboratory not older than 5 years & must be valid up to the

expiry of validity of offer.

C. Electrical works.

i) Average Annual financial turnover during the last 3 years, ending 31 st March of the

previous financial year, should be at least 30% of the estimated cost.

ii) Experience of having successfully completed similar works during last 7 years end-

ing last day of month previous to the one in which applications are invited should be ei -

ther of the following.

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a. Three similar completed works costing not less than the amount equal to 40% of the

estimated cost.

b. Two similar completed works costing not less than the amount equal to 50% of the

estimated cost.

c. One similar completed work costing not less than the amount equal to 80% of the

estimated cost.

iii) Definition of “similar work”: should be clearly defined.

In addition to above, the criteria regarding satisfactory performance of works, personal,

establishment, plant, equipment etc. may be incorporated according to the requirement

of the project.

5.4 The bidder shall have valid Electrical Contractor License of Gujarat o r a n y o t h e r

I n d i a n s t a t e and registered under GST Act, should have PF Registration Certificate and ESIC

5.5 Bidder has to submit the copy of complete type test reports/certificates of offered make of major

supply items like (indoor/outdoor) end termination kits, Jointing Kits and HDPE pipe etc as

required in project work. The certificates/reports should not older than 5 (five years). Bidder has

to provide authorization letters from the manufacturer of offered make material i.e.

(indoor/outdoor) end termination kits, Jointing Kits and HDPE pipe etc. Before execution of work,

bidder shall get materials inspected at circle office & on getting clearance should start the work.

At circle level, verification should be made for the specimen material approved by Projects Cell

Team before giving clearance for usage of materials, failure to this will lead to nonpayment of

install/erected items.

5.6 Bidder does not anticipate change in the ownership during the proposed period of work. (If such a

change is anticipated, the scope and effect thereof shall be defined)

5.7 Bidder has adequate financial stability and status to meet the financial obligations pursuant to the

scope of the works (The bidders should submit at least 2copies of their profit and loss account and

balance sheet for the last Three years duly audited by certified Charted Firm).

5.8 The bidder shall have in-house facility of mobile cable fault locating and/or cable fault locating &

testing system in 11KV and above networks or cable testing & cable fault locating kit, other

testing equipment like digital earth tester, cable identifier, dc high voltage testing equipment and

live line indicators.

5.9 Bidder shall have in-house design and engineering facilities, consisting of qualified man power and

design tools like auto cad.

5.10 DGVCL reserves the right to relax the qualifying criteria if required in the interest of better

5.11 Any manipulation in the documents/certificates/information being submitted shall lead to legal

5.12 Any subcontracting documents shall not be considered for technical evaluation. Bidder shall not

deviate from the MAKE of equipments/electrical items/electrical goods/steel items etc once offered

in technical bid after qualifying. All supporting documents are required to be attached for verifying

& confirming all the pre-qualifying conditions. No documents shall be accepted on later date.

Submission of incomplete documents/invalid documents leads to disqualification of the bid

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Date Place Signature of the tenderer Company’s Round Seal

straightaway without entering in to further correspondence. If bidder has not submitted required

supporting documents for verifying & confirming all the pre-qualifying conditions, shall liable for

disqualification of the bid straightaway without entering in to further correspondence.

5.13 The qualifying requirements stated in the accompanying technical specifications for the works shall

5.14. The above stated requirements are a minimum and the DGVCL reserves the right to request for

any additional requirement and also reserves the right to reject the proposal of any bidder, if in

the opinion of the DGVCL, the qualification data is incomplete or the bidder is found not qualified

to satisfactorily perform the works.

5.15 THIRD PARTY INSPECTION OF WORK

DGVCL shall assign the work of supervision and inspection to third party for work of contractor’s

workmanship and quality on 24 x 7 hours basis. The periodical inspection reports shall be accessed

and any defects or poor quality of workmanship has to be got rectified by the contractor

invariably within stipulated time limit. DGVCL reserves the right of stop payment on non-response

of contractor on this issue.

The owner may assess the capacity & capability of the bidder, to successfully execute the scope of

work covered under the work within stipulated time frame, the owner may allocate the part work to

other technically qualified bidders subject to matching price/rate with L-1 bidder/tenderer/party .

i. Document verification

ii. Bidders work/manufacturing facilities visit

iii. Manufacturing capacity, details of work executed, works in hand, anticipated in future & the

balance capacity available for the present scope of work

iv. Details of testing facilities ,manpower and financial resources

v. Details of quality system in place

vi. Past experience & performance

vii. Customer feedback & Banker’s feed back relevant IS from Government approved/ NABL labora-

tory not older than 5 years & must be valid up to the expiry of validity of offer.

6.0 ADDITIONAL DOCUMENTS:

Apart from various documents to be furnished along with the Bid as required in the GCC and ECC, the

following documents/details are to be furnished by the Bidder:

1. GST Registration No. date/ issuing authority.

2. Regn. No. under Shops & Estt. Act/ issuing authority

3. Details of Partners/Directors of the Firm/Company.

4. Experience Record and details of orders pending / executed for various utilities

5. Last five years Audited Accounts

6. Detail of Manufacturing/Fabrication facilities

7. Factory Registration/license details

8. Solvency certificate from Bank (up to 20 % of Bid value).

7 COMPLETION PERIOD

7.0 The contractual period for this project is consist of 1 (one) month commencement period and

(six) months execution period thereafter for entire work.

7.1 No mobilization period, idling or stoppage period will be allowed during this period of the Contract.

7.2 The completion date will be deemed to be the date on which all works on the Contract are

demonstrated to be complete to the satisfaction of the DGVCL/Engineer and is complete in all respects

as per the terms and conditions of this Contract.

8.0 Instructions before submitting your bid.

1. All the drawings, i.e. elevation, side view, plan, cross sectional view etc., in AutoCAD format

and manuals in PDF format, for offered item shall be submitted by successful bidder. Also the

hard copies as per specification shall be submitted.

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2. The bidder shall submit Quality Assurance Plan (QAP) & Field Quality Plan (FQP) with the tech -

3. The bidder must fill up all the point of GTP for offered item/s. Instead of indicating “refer

drawing, or as per IS/IEC”, the exact value/s must be filled in.

4. All the points other than GTP, which are asked to confirm in technical specifications must be

submitted separately with the bid.

5. The bidder shall bring out all the technical deviation/s only at the specified annexure.

6. Bar chart with completion period of 06 months in MS Project shall be submitted.

Successful bidder has to arrange for training at their expense at premises covering erection, O&M,

testing & commissioning aspect of transformer C.B, C/R panels, one day for each equipment. This

training program is to be organized prior to erection of these equipments. Complete training

materials in soft & hard copy shall be given to participants.

9.0 Progress Report:

The successful bidder shall submit progress report monthly for supply activities & fortnightly for

erection activities along with site photographs.

10.0 Goods and Service Tax:

GST applicable as per prevailing rates and time to time enforced by GOG/GOI. Bidders may

specifically note for this & quote accordingly.

11.0 Minor Civil Works:

During the installation / erection of the outdoor equipments /materials or any other erection

activity as per the scope of tender, any civil structure / slab, wall, road, Indoor or Outdoor cable

trench etc. which may need to be altered / modified or damaged shall be rectified / made it good

by the successful bidder at no extra cost to the DGVCL within stipulated time period. No deviation in

the time limit of work would be considered on account of the above repairing/modification of civil

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Date Place Signature of the tenderer Company’s Round Seal

Tender No:59 BDLD/O&M/Tech/Tender/26/1358 DT-10.06.2026

Tender for Erection & Maintenance work of HT/LT Line & T/C Structure at Bamaniya

Subdivision under Bardoli Division for Various Scheme.

If required the work to be carried out for other SDn. of Bardoli Division. As per tender

specifications complete along with all the tender Terms and Conditions.

In connection with above subject, I / we confirm the following:

a) I / We, the under signed have read and examined the Tender Specifications in tender mentioned

under reference along with the Commercial terms and conditions.

b) The supply & erection price components in the bid are firm prices in line with

Tender Specifications and shall stand valid till completion of the Contract, if awarded.

c) I/We declare that our bid is strictly in line with Tender Specifications and there is no deviation.

Further, I / we also agree that additional conditions / deviations, if any found in bid, the offer

shall be out rightly rejected without assigning any reason thereof.

Signature of Authorized representative

of Company / Agency

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Date Place Signature of the tenderer Company’s Round Seal

I / WE, confirm that following documents are attached with the technical bid of the offer.

Details (Tick √ any one)

1 Firm’s details as per

2 Type test reports as per “Annexure-3”

3 Technical & comm. Deviation “Annexure-4”

4 Under taking “Annexure-5”

5 Important Instruction YES / NO

ALL THE DOCUMENTS SHOULD BE PROPERLY FILED AND SHOULD BE GIVEN FLAG MARKING FOR

IDENTIFICATION.

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Date Place Signature of the tenderer Company’s Round Seal

DETAILS OF THE FIRM

Tenderer may MANDATORILY fill all the details in this form and should be

placed as a forth page of offer.

(These details are necessary to create the database of suppliers)

Within Gujarat / Outside Gujarat

Pvt. Firm / Public Ltd. / State Govt. (Indicate the relevant status)

Under taking / Central Govt.

Supplier Category Manufacturer/Trader

VAT No. and VAT Date

CST No. and CST Date

Excise No. and Excise Date

SSI Certificate No. and Date

NSIC Certificate No.(Should be

Revalidated since last 3 yrs.)

NSIC Certificate Date.

Whether under NSIC scheme. If Yes Rs.

Then Monetary limit.

Custom No. and Date (If applicable)

License Type (ISO9001/9002) ISO 9001 / ISO 9002 (Tick Applicable)

License Validity Period From Date to Date

Address of Registered Factory / Works Authorized Representative

Contact person name

City & Pin code

Phone Nos.(Office)

Phone Nos.(Residence)

Web site address

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LIST OF ITEMWISE TYPE TESTS REPORTS SUBMITTED WITH THE TECHNICAL BID.

Tests Carried Rating & Type

Sr. Type Test out at (Name / Designation Name of the Results

No Report No. of Laboratory) of Item / test Conducted Of the Tests.

& Date Equipment

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TECHNICAL AND COMMERCIAL DEVIATIONS IF ANY TO BE FURNISHED IN THIS

ANNEXURE ONLY AND TO BE SUBMITTED WITH TECHNICAL BID.

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Date Place Signature of the tenderer Company’s Round Seal

(UNDERTAKING IN REGARD TO STOP DEAL / BLACK LIST THEREOF) and should be

placed as a sixth page of offer.

Sub: Undertaking in regard to Stop Deal / Black List Thereof. Ref: Tender No. DGVCL / _

All bidders will have to furnish the following undertaking duly filled in, signed and stamped for

each quoted item of the tender along with the Technical Bid.

Authorized signatory of M/S Here by

Certify that M/S is not stop deal /

Black listed by GUVNL and or their any subsidiary company viz. GSECL / GETCO / DGVCL /

MGVCL / DGVCL / PGVCL for the tendered item.

Signature of the Tenderer

Seal of the Firm

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Date Place Signature of the tenderer Company’s Round Seal

DAKSHIN GUJARAT VIJ COMPANAY LTD .

Tender No. DGVCL/

IMPORTANT INSTRUCTIONS

1. The Tenderer should clearly give certificate along with the Technical Bid:

“This is to confirm and certify that the offer submitted by me is strictly in accordance with DGVCL

Tender specifications, Guaranteed Technical Particulars and drawing as mentioned in the Tender

Specifications. There is no commercial or Technical deviation (except the deviations shown in

Annexure of Technical Deviations) in the offer from DGVCL Tender Specification. I undertake to

abide by DGVCL Technical specification / Guaranteed Technical Particulars / Drawing, I undertake

to supply materials strictly as per DGVCL Technical specification / Guaranteed Technical

Particulars / Drawing, even if any technical deviations are mentioned by me. I also undertake to

abide by all commercial conditions of DGVCL, including delivery schedule.”

(Signature of the Tenderer)

2. Any offer without above certificate will not be considered and the tender will be out rightly

ignored in the absence of above certificate.

3. After opening of the Tender, if it is found that the offer given by the Tenderer is not according

to DGVCL specifications, Guaranteed Technical Specifications, Drawing and commercial terms and

conditions and false certificate is given by the Tenderer, then DGVCL will not deal with the firm for

the present Tender. It is, therefore requested that the Tenderer should take care in giving their

offer and submission of documents, including Type Test certificate.

4. The conditional tenders will not be accepted.

Vendor must fill up below details & should place at the top of the Technical Bid.

b. [IN PERCENTAGE]

3. PENALTY TERMS AGREE :

(Please specify YES / No.)

4. SECURITY TERMS AGREE :

(Please specify YES / No.)

5. P.B.G. TERMS AGREED (Wherever applicable) :

(P.B.G. – Performance Bank Guarantee)

6. EXECUTION PERIOD TERMS AGREED :

7. VALIDITY OF THE OFFER AGREED :

8. PAYMENT TERMS AGREE :

(Please specify YES / No.)

9. GST Registration No & date :

10. TELEPHONE NOS. & FAX NO. :

11. AUTHORISED PERSON OF THE FIRM :

12. NAME OF THE PROPRIETOR,

PARTNERS, DIRECTORS

[AS THE CASE MAY BE],

ALONG WITH ADDRESS, TELEPHONE, : FAX

13. PAN No. & Date :

14. PF Registration No. :

Signature of Authorized representative of

Company / Agency

CONTRACT AGREEMENT

(Non judicial stamp paper of Rs. 300/-)

This agreement is made at Surat, the day of in the Christian year

Two Thousand Five between

(herein after referred to as “THE CONTRACTOR” which expression shall unless excluded by or

repugnant to context include its successors or permitted assigns) of the one part and the Dakshin

Gujarat Vij Company Limited having their Corporate Office at

Surat, (hereinafter called “Corporation” which expression shall unless excluded by or repugnant to

the context include its successors or assigns) of the other part.

“WHEREAS” the aforesaid Corporation has accepted the tender of the aforesaid contractors for

_ as per DGVCL’s Order No.

hereinafter called “The works” and more particularly

described enumerated or referred to in the specification, terms and conditions prescribed in the order

letter, covering letter arid other letters and schedule of price which for the purpose of identification

have been signed by Shri on behalf of the

Contractors and by on behalf of

the Corporation, a list where of is made out in the schedule hereunder written and all of

which said documents are deemed to form part of this contract and included in the expression ‘The

Works” wherever herein used, upon the terms and subject to the conditions hereinafter mentioned.

AND WHEREAS THE DGVCL has accepted the tender of the contractor for the

Tender for Erection & Maintenance work of HT/LT Line & T/C Structure at

Bamaniya Subdivision under Bardoli Division for Various Scheme.

If required the work to be carried out for other S/dn of Bardoli Division. Of Gujarat State for

Rs. (Rupees_ ) upon the terms and subject

to the conditions herein mentioned.

NOW THIS AGREEMENT WITNESSES AND IT IS HEREBY AGREED AND DECLARED THAT:

1. The contractors shall do and perform all works and things in this contract mentioned and

described or which are implied therein or there from respectively or are reasonably necessary for the

completion of the works as mentioned and at the times, in the manner and subject to the

terms conditions and stipulations contained in this contract, and in consideration of the due

provision, executions, construction and completion of the works agreed to by the contractors as

aforesaid, the Corporation doth hereby covenant with the contractor to pay all the sums of

money as and when they become due and payable to the contractors under the provisions of the

contract. Such payment to be made at such times and in such manner as is provided by the

2. The conditions and covenants stipulated hereinbefore in this contract, are subject to and

without prejudice to the rights of the Corporation to enforce penalty for delays and / or any

other rights whatsoever including the right to reject and cancel on default or breach by the

contractors of the conditions and the covenants as stipulated in the general conditions,

specifications, forms, or tender schedule, drawing, etc. attached with Corporation’s Order No.

The contract value, extent of works / supply, completion / delivery dates, specifications and

other relevant matters may be altered by mutual agreement and if so altered shall not be

deemed or construed to mean or apply to affect or alter other terms and conditions of the

contract and the general conditions and the contract so altered or revised shall be and shall

always be deemed to have been subject to and without prejudice to said stipulation.

List of documents forming part of the contract:

1) DGVCL’s Tender Specification No-. Tender No.

2) DGVCL’s Contract booklet – “Tender & Contract of Works”.

3) Corporation’s A/T No

4) A/T Acceptance letter no.

5) Memorandum & Article of Association.

6) Board Resolution authorizing person to sign on behalf of firm.

In witness where of the parties here to have set their hands and seals this day and month year

first above written.