Work of erection of 66KV equipment, Structures, Control wiring, Yard Lighting, Control-Room, Staff-Quarter Electrification & Supply of Furniture & CCTV Camera etc at 66Kv Bogaj S/Sunder construction Division Bharuch

1 Tender No. TCBRH/26-27/2615

Work of erection of 66KV equipment,

Structures, Control wiring, Yard Lighting,

Works of Control-Room, Staff-Quarter Electrification &

Supply of Furniture & CCTV Camera etc at 66Kv

Bogaj S/Sunder construction Division Bharuch

3 Estimated cost with GST in Rs.

4 Tender Fee (non-refundable)including GST Rs.

5 Earnest Money Deposit amount in Rs.

On line (E-tendering) tender/ offer

6 submission last date up to 16.00 hours only

(This is mandatory)

Physical submission of Tender detail

(Receipt of EMD & tender fee online NA

Payment) , last date up to 15.00 hours. By

RPAD or SPEED POST only.

Date of opening of Tender fee, EMD cover,

Vendor registration and technical bid

physical as well as on – line opening at

16.00 Hours.

Tentative Date of on – line opening of Price Shall be intimated separately

bid, (if possible), at 11.00 Hours

10 Prices Firm

11 Time Limit 90 Days

12 Validity of Bid 180 days

IMPORTANT:

1. All the relevant documents as per requirement of the Tender must be submitted through online

form only. And copy of online payment receipt of Tender Fee and EMD is to be submitted by

mail not physically on OR before due date and time. Bidder has to upload scanned copies of

original (Notarized/self-attested copies of original-as specified in tender document) Documents with

bid and No physical documents to be submitted. except Tender fee and EMD online payment

receipt. Payment receipt should be strictly submitted by RPAD / speed post only before due date.

otherwise the offer will not be considered and no any further communication in the matter will be

entertained. The tender documents in physical form is not to be accepted. (All the online

Annexures & Price bid i.e. Annexures, GTP and price bid are not to be submitted with the

physical documents).

2. Any deviation found in Data / Details / Documents between in line offer (E-tendering) and Online

submitted documents (Tender document) of bidder, offer of the same bidder will not considered

and no any further communication in the matter will be entertained. Tender will be evaluated on

Data / Details / Documents of the on line offer. Whatever item quoted in Annexure-IV/(4) are

consider for technical evaluation. The quantity & GST offered in online price bid shall be

considered as final in case of any discrepancy.

3. It is mandatory for all the bidders to submit their tender documents by on-line (E-tendering) in

schedule time. If tender documents submitted physically in that case the same tender will not be

considered.

4. The bidders are required to fill up all the online annexure/forms. This is intended for transparency

and speedy evaluation of the bids. Instead of simply confirming / attached in bid / refer physical

offer, the Bidder shall fill in the particulars against appropriate place in respect of each line

appearing in each online annexure. Wherever required, bidder shall invariably have to submit

supporting authentic documents in the physical bid.

(In the absence of required details in the online annexure, the purchaser has every right to

evaluate the bids accordingly and bidder cannot raise any objection against any point during

evaluation.)

5. Bidders are requested to remain in touch with the website for any amendment/ corrigendum or

extension of due date etc.

6. As per new guideline –It is mandatory to use CBud app.

(1) To do any type of digging only after prior intimation through “Call Before U Dig” App & as

per its term & condition.

(2) To use the App before commencing any type of digging anywhere in the state

Any technical questions, information and clarifications that may be required pertaining to this

enquiry should be referred to SE (TR) Bharuch GETCO reserves the right to reject any OR all

tenders without assigning any reasons thereof.

Yours faithfully,

Superintending Engineer

GETCO, CO, Bharuch

Download Tender Documents in (PDF Format) which consists of:

Part–I: Commercial Terms & Conditions

Part–II: Technical Specifications & GTP’S, Schedule “A” indicating the quantities & items, drawing

To view the PDF file please use “Acrobat Reader” software which can be downloaded from

“Adobe” website.

IMPORTANT:

All the online Annexures and price bid, other tender documents (refer Table-A) must be

submitted/attached through online form only.

1. Bidder has to upload scanned copies of original (Notarized / self-attested copies of original –

as specified in tender document) documents with bid and no physical documents to be

submitted by bidder except Tender fee & EMD.

2. Bidder has to submit the only Tender fee & EMD in physical form in sealed cover superscripted

submitted by RPAD / speed post only. Otherwise the offer will not be considered and no any

communication in the matter will be entertained on or before due date of submission

Online-payment, payment of Tender Fees & EMD by RTGS/NEFT/on line shall be

encouraged. In case of payment through RTGS/NEFT bidder has to mail following details:

Sr. No Required Details

1 Name & Address of the bidder

2 Bidder GST No

3 Tender No with due date

4 Mode of Transfer

5 Ref. ID with Bank Details

6 Paid Amount

7 Payment against (Tender Fee/ EMD)

a. [email protected]

b. [email protected]

Bidder has to provide all above details on the same date of payment so that receipt can be

generated.

 GETCO Beneficiary Bank detail is as under:

1 Name of Account Holder Gujarat Energy Transmission Corporation Ltd.

2 Account No.

3 Name of Bank BANK OF BARODA

4 Branch Code DBBHRU

5 Address of Bank Shalimar Complex, Station Road,Bharuch-392002.Gujarat

6 IFSC Code BARB0STABRO

7 PAN No AABCG4029R

8 TAN No BRDG01026E

9 GST No 24AABCG4029R2ZC

1. In case short submission of documents with bid and / or clarification if any required from the

bidder, the required details / documents may be asked from bidder in mail form only.

2. It shall be sole responsibility of the bidder that the uploaded scanned documents (in PDF from)

remain legible and should not be password protected.

3. All the relevant scanned documents as per requirement of the tender are to be upload through

online only on n procure portal excluding Tender fee & EMD. Physical copies of Tender fee &

EMD payment receipt to be submitted in sealed cover on OR before due date and time. Which is

strictly submitted by RPAD / speed post only, otherwise the offer will not be considered and no

any further communication in the matter will be entertained. (All tender documents including Price

bid are not to be submitted with the physical documents except Tender fee & EMD payment

4. Tender will be evaluated on Data / Details / Documents of the online offer only.

5. It is mandatory for all the bidders to upload their tender documents by on line (E-tendering) in

scheduled time. No documents shall be considered physically which are mentioned for on-

line submission only.

6. The bidders are required to fill up all the online annexure / forms (word file attached) and shall be

uploaded invariably. This is intended for transparency and speedy evaluation of the bids. Instead

of simply confirming / attached in bid / refer physical offer, the Bidder shall fill in the particulars

against appropriate place in respect of each line appearing in each online annexure. Wherever

required, bidder shall invariably have to upload supporting authentic documents in the online bid.

(In the absence of required details in the online annexure, the purchaser has every right to

evaluate the bids accordingly and bidder cannot raise any objection against any point during

evaluation.)

7. Bidders are requested to remain in touch with the web-site for any amendment / corrigendum or

extension of due date etc.

8. No tender shall be accepted / opened in case of receipt after due date and time of tender,

irrespective of delay due to postal services or any other reasons and the Corporation shall not

assume any responsibility for late receipt of tender.

9. The Earnest Money Deposit and tender fee will be accepted by NEFT/RTGS (online form) on any

Nationalized Bank only situated at “VADODARA” drawn in favor of “GUJARAT ENERGY

TRANSMISSION CORPORATION LTD.” EMD and Tender Fee NEFT/RTGS with different

purchaser or agency shall not be accepted. Tender without EMD and tender fee shall be rejected.

Two separate payment receipt for Tender fee and EMD should be submitted with sealed

10. The GETCO reserves the right to award the work to one or more bidders, considering their

technical and financial capacity OR to reject any or all tenders or accept any tender without

assigning any reason thereof.

Any technical questions, information and clarifications that may be required pertaining to this enquiry

should be referred to: The Superintending Engineer (TR), Gujarat Energy Transmission

Corporation Limited, Circle Office, Bharuch

GETCO reserves the right to reject any OR all tenders without assigning any reasons thereof.

Yours faithfully,

Superintending Engineer

GETCO, Bharuch

GUJARAT ENERGY TRANSMISSION CORPORATION

TRANSMISSION CIRCLE BHARUCH, GETCO

TENDER SPECIFICATION, FOR

Work of erection of 66KV equipment, Structures,

Control wiring, Yard Lighting, Control-Room, Staff-

Quarter Electrification & Supply of Furniture & CCTV

Camera etc at 66 KV Bogaj S/S under construction

Division Bharuch

Estimated Cost – Rs.

Tender fee – Rs.

EMD – Rs.

Time limit-90 days

TECHNICAL BID

TENDER NO. TCBRH/26-27/2615

Qualification Requirement

1 Registration: The Bidder shall be registered contractor of GETCO for erection work of 66 KV s/s.

2 Experience: Bidder shall have executed as Main contractor minimum 01 No of 66/11KV or higher

voltage class substation with State or Central Transmission Utility or major industries OR 03 Nos of

66KV or higher voltage class Transformer/Feeder bays at same or different locations. Substations

include minimum 2 Nos. of feeder bays, 1 No. of Transformer bay. Attested Xerox copy of work

orders executed from GETCO and satisfactory completion certificate (form 3A only) from respective

department should be submitted

3. Solvency: Latest bank solvency certificate from any Bank of a sum of minimum 20 % of the

estimated cost shown in the tender.

4 Provident Fund Code: Separate provident fund code number towards firm registered with Regional

P. F. Commissioner.

5 Profit & Loss Account Statement: The Bidder should submit certified Xerox audited copy of

Balance sheet with profit and loss account & IT return of last three Financial Years.

6 Nature of Firm: Attested copy of Partnership Deed, Power of Attorney, if any, for signing the bid

documents in case of partnership firm & self-affidavit for proprietorship firm. All such documents

shall have to be NOTARISED

7. GST Registration: The Bidder shall be registered under the GST Act and a certified copy of such

registration under the GST act indicating the GSTIN shall have to be submitted along with the bid by

the bidder.

8. I.T. PAN CARD: The bidder should submit the attested zerox copy of PAN Card of their firm.

9. Bidder shall have valid electrical contract license & approved vender of

GETCO/STU/CTU, registered under GST Act & should have CPF/PF registration

certificate.

10. All documents submitted by bidder must be self-attested.

Signature of Contractor Superintending Engineer (TR)

GETCO, CO, Bharuch

CHECK LIST OF DOCUMENTS SUBMISSION

Mandatory to upload on-line only (pdf file)

No. Particulars

1 Scan copy of online payment receipt of Tender fee & EMD

All Pages of Technical Bid with Bidder Signature and Rubber Stamp

(encouraged for digitally signed)

3 Registration document as Approved Contractor in Appropriate Class

Work completion certificate in Form No.3A (Experience Certificate as main

contractor) only as Per Qualification Requirement

5 Bank Solvency Certificate

6 Provident Fund Code Number Documents

7 GST Registration Number Documents

Income Tax Return, Profit Loss Accounts and Balance sheet of Last Three

Financial Years

9 Nature of Firm:

Partnership deed/Latest Form-G/ POA/Authorized Signatory Certificate for

Partnership

Self-Affidavit/POA/Authorized Signatory Certificate for Proprietorship

10 PAN Number Document

11 Filling all Annexure

Mandatory to attach in Physical bid

No. Particulars

1 Receipt of payment of EMD paid online Not

2 Receipt of payment of tender fee paid online required

E-TENDER FOR THE WORK OF

Work of erection of 66KV equipment, Structures, Control wiring, Yard Lighting, Control-Room,

Staff-Quarter Electrification & Supply of Furniture etc at 66Kv Bogaj S/S under construction

Division Bharuch

 Instructions to Bidders

 General Conditions of Contract

 Erection Conditions of Contract

 Special Conditions of Contract

 Technical particulars

 Forms & Appendices to be filled in by the bidders .

PART – I

GENERAL TERMS & CONDITIONS WITH COMMERCIAL BID

INSTRUCTIONS TO BIDDERS

A. INTRODUCTION

1.0 General Particulars

1.1 The Gujarat Energy Transmission Corporation Ltd., Bharuch hereinafter called

‘GETCO’/ ‘OWNER’ intends to receive bids for Work of erection of 66KV equipment,

Structures, Control wiring, Yard Lighting, Control-Room, Staff-Quarter

Electrification & Supply of Furniture etc at 66Kv Bogaj S/S under construction

Division Bharuch as 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 Qualification Requirements of Bidders

2.1 To be qualified for award, the bidder shall provide following satisfactory

evidence to the Owner of his capability and adequacy of resources:

a) He is a qualified and registered contractor who is regularly executing jobs

of Work of erection of 66KV equipment, Structures, Control wiring, Yard

Lighting, Control-Room, Staff-Quarter Electrification & Supply of

Furniture etc at 66Kv Bogaj S/S under construction Division Bharuch

including all works in the scope of the tender specification and has adequate

technical knowledge and practical experience (the Bidder shall submit

documents defining legal status, registration and principal place of

business; written power of attorney of the signatory of the bid to commit the

bidder, performance record as contractor for erection of equipments in the

last three years and details of works on hand in the past three years &

contracts on hand.

b) He has adequate financial capability and stability to meet the financial

obligations arising out of the scope of works.

c) In addition, the Qualifying Requirements if any, in the ‘Special Conditions

of Contracts ‘shall also be applicable.

d) The registration with P.F. authority and labor license as per GETCO norms is

2.2 The above cited requirements are only indicative. The owner reserves the right to

requisition any other relevant information and also reserves the right to reject

the Bid proposal of any Bidder, if in the Owner’s opinion the Qualification data

is incomplete and Bidder is not qualified to perform the Contract satisfactorily.

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.

B. BID DOCUMENTS

4.0 Details of Documents

4.1 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. Instructions to Bidders (ITB-Part I)

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

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

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

e. Technical Specifications (TSP-Part IIA)

f. Technical Data Sheets (TDS-Part IIB)

g. Bid Form and Price Schedules (BF/PS-Part III)

5.0 Knowing the Bid Document

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

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

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

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

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

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

Bid at the Bidder’s risk.

6.0 Clarifications on Bid Documents

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

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

make a request, in writing not later than the date of pre Bid discussion, to the

owner in triplicate. The owner will issue explanations, interpretations and

clarifications as deemed fit in writing as a response to this request. On receipt

of such interpretations/clarifications, the Bidder may submit his Bid within the

date and time stipulated in the Bid invitation, all such explanations,

interpretations and clarifications from the Owner shall be deemed as part of Bid

Documents and shall invariably accompany the Bidder’s proposal.

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

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

7.0 Amendment of bidding document

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

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

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

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

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

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

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

otherwise.

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

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

extend the deadline for the submission of bids.

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

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

invariably enclose such documents as a part of the bid.

C. PREPARATION OF BIDS

8.0 Language of Bids

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

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

language, provided that any printed literature furnished by the Bidder may be

written in another language so long as accompanied by an English translation of

its pertinent passages. Failure to comply with this may disqualify a bid. For

purposes of interpretation of the bid, the English translation shall govern.

8.2 Bid Format

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

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

9.0 Local Conditions:

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

conditions and factors, which may have any effect on the execution of the

Contract covered under these documents and specifications. The Owner shall not

entertain any request for clarifications from the bidders, regarding such local

conditions.

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

investigated and considered while submitting the proposals. No claim for

financial adjustment to the Contract awarded under these specifications and

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

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

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

10.0 Documents comprising the Bid:

10.1 The Bidder shall complete the Bid form inclusive of Price Schedules; Technical

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

services to be rendered, a brief description of 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 Clause 2.0 above and Special

Conditions of Contract (including Clause 11 of I TB).

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

respects and signed by wherever the Company Authorized Signatory specified.

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

clause specific ITB.

11.0 Scope of the proposal

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

responsibility, completely covering all the equipment erection and other

installation services specified under the accompanying Technical Specifications.

It will include among others as specified therein the following: -

a) Receipt of equipments and material from GETCO Haldarwa / Bharuch Transmission/

Construction store and transportation, storage, preservation and conservation

of equipment at the Site.

b) Pre-assembly, if any, erection, testing and commissioning of all the

equipments.

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

commissioning.

11.2 As specified in the Special Conditions of Contract, no deviation whatsoever to

certain conditions of the bidding documents permitted by the Owner and therefore,

the Bidders are advised that while making Bid Proposals and quoting prices these

conditions may appropriately be taken into consideration. Bidders are required to

furnish a certificate in this regard as per the format provided in Special

Conditions of Contract in a separate sealed envelope containing Bid security,

which shall accompany the Technical Bid. Any Bid not accompanied by such

certificate shall be rejected by the Owner and shall not be opened.

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

incomplete and hence rejected.

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

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

be filled in the required schedule of Bid Proposal Sheets.

12.0 Bid Price:

12.1 The Bidder shall indicate percentage above/below of total bid price indicated in

the appropriate price schedules, enclosed in bid proposal sheets for erection,

and other services it proposes to furnish under the contract. The %(Percentage)

above/below indicated shall be inclusive of GST applicable on required inputs and

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

rate increase/decrease based in relation to unit rates of tender price schedule.

12.3 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 (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

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

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

considered.

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

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

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

supply only.

13.0 Price Basis:

13.1 The Price shall be quoted on firm basis.

13.2 The Price quoted by the bidder shall remain fixed during the bidder's performance

of the contract and shall not be subject to variation on any account saving for

change in quantity. A bid submitted with an adjustable price quotation shall be

treated as non-responsive and rejected.

14.0 Taxes and Duties: -

14.1 As regards the income Tax, surcharge on income tax and any other tax excluding

GST & welfare cess at prevailing rate, the owner shall not bear any tax liability

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

as attracted under the provisions of the law.

14.2 Notwithstanding the tax liabilities as per the sub-clause 14.1 above the owner

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

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

the works contract) as may be mandatory in terms of the law. The owner shall not

bear any liability in this regard but shall issue necessary certificate in

respect of such deduction made.

14.3 In case any tax or duty is newly introduced by the Government applicable for this

contract with effect from the next day of the date submission of the bid and if

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

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

against submission by the contractor of documentary evidence to the satisfaction

of the owner. This provision will not be applicable to transaction between the

contractor and his sub-contractors. Besides the said statutory variation, no

other statutory variation shall be payable by the owner.

14.4 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 Clause No. 14.3.

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 contractor & 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.

14.5 No claim for any increase towards the statutory variation regarding enhancement

of existing tax or duty or introduction of a new tax or duty applicable shall be

entertained by the Owner during the extended period of contract, if any, provided

the extension of the contract is required by causes attributable to the

contractor.

14.6 The provision of statutory variation regarding enhancement of existing tax or

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

transaction between the contractor and the owner.

14.7 Before quoting, the bidder may ascertain from the concerned tax authorities of

Government of Gujarat the applicability of Tax (GST) etc in respect of this work

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

be entertained by the Owner, as it is the responsibility of the Bidder to pay all

these taxes.

14.8 In addition, the conditions detailed under Special Conditions of Contract shall

15.0 Time Schedule:

15.1 The basic consideration and the essence of the contract shall be strict adherence

to the time schedule for performing the specified works.

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

the accompanying Special Conditions of Contract.

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

one of the major factors in consideration of the bids.

16.0 Insurance:

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

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

in Erection Conditions of this Part-I. Bidder’s attention is specifically invited

to these clauses. Bid price shall include all the costs in fulfilling all the

insurance liabilities under the Contract.

17.0 Erection Tools and Tackles:

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

all-special equipment tools & tackles etc. which he proposes to bring to site for

the purpose of erection, handling, testing and commissioning including

performance and guarantee tests of the equipment. If any such equipment is listed

anywhere else in the proposal and not specially mentioned in the above schedule,

it shall be deemed to have been included in the Bidder’s proposed scope of

18.0 Bid Security/EMD:

18.1: The bidder shall furnish, as a part of its bid EMD, bid security for an amount of

one percent of estimated cost plus GST to be paid as under:

a) In the form of crossed DD drawn in favor of Gujarat Energy Transmission

Corporation Limited payable at Bharuch. Not accepted in Cash.

18.2 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.

18.3 The Owner will reject any bid not secured in accordance with Para 18.1 above, as

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

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

of tender or three months from the date of submission of tender whichever is

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

contract performance guarantee

18.6 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)

19.0 Format of Bid:

19.1 The Bidder shall submit bid in hard copy duly signed on each page.

19.2 All copies of the bid shall be typed or written in indelible ink and shall be

signed by the Bidder on each page or a person or persons duly authorized by the

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

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

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

signing the bid.

19.3 The Bidders must submit the qualifying data as required in Instructions to

Bidders in separate envelope sealed and enclosed in the envelope submitting

proposals, super scribed as under:

Work of erection of 66KV equipment, Structures, Control wiring, Yard

Lighting, Control-Room, Staff-Quarter Electrification & Supply of Furniture

etc at 66kV Bogaj S/S under construction Division Bharuch

19.4 The online 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.

19.5 Bids shall be submitted as under:

Cover-I Not require (to be submitted through online form only)

Cover-II Not require (to be submitted through online form only)

Cover-III Not require (to be submitted through online form only)

(Cover I, II and III will be collectively called Technical Bid)

The price bid is not to be submitted with the physical documents.

21.0 Contract Quality assurance:

21.1 The Bidder shall include in his proposal the Quality Assurance Programme

containing the overall quality management and procedures which he proposes to

follow in the performance of the Works during various phases as detailed in

relevant clause of the General Technical Conditions.

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

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

and such agreed Programme shall form a part of the Contract.

21.3 The Bidder shall clearly specify the list of sub-vendors from whom the bought out

items are being supplied wherever specifically indicated in the tender document

shall supply only from those vendors. 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.

22.0 Signature of Bids:

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

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

signature. The names of all persons signing should also be typed or printed below

the signature.

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

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

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

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

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

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

in the matter.

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

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

Principal will be rejected.

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

financially or as a principal and agent have bid under different names without

disclosing their connection then such bids will be liable for rejection.

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

shall be furnished with the bid.

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

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

EMD forfeited.

23.0 The original Bid and accompanying documents shall be submitted by the Bidder at

the date, time and place specified.

The Bid shall be submitted by online mode only at tender.nprocure.com no any RPAD

or speed post services accepted by the SE (TR) GETCO Bharuch. The Bids received

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

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

23.2 The Bidders shall seal the copy of the bid in an inner and an outer envelope.

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

The Superintending Engineer (TR),

GETCO, Transmission Circle,

P. O. Maktampur, Bharuch-

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

“DO NOT OPEN BEFORE …….

24.0 Deadline for submission of bids:

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

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

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

to the deadline as extended.

25.0 Late Bids

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

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

for evaluation.

26.0 Modification and withdrawal of bids:

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

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

prior to the deadline prescribed for submission of bids.

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

and dispatched in accordance with the provisions of clause 23.0. The envelope

should clearly indicate that the modification is for the Technical bid. No bid

modifications notice by Telex/Grams/Fax shall be entertained by the Owner.

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

submission of bids.

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

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

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

the Bidder’s forfeiture of its bid security.

E. BID OPENING AND EVALUATION

27.0 Opening of bids by owner:

27.1 The Owner will open the technical bids in the presence of Bidder’s

representatives who choose to attend on the date and time mentioned for opening

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

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

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

shall sign a register evidencing their attendance.

27.2 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.

27.3 The price bids (On line) of all the “Techno-Commercial” Responsive Bidders shall

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

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

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

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

Technical bids.

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

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

consider appropriate, will be announced/ furnished in the Price Bid (On line)

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

28.0 Purpose of evaluation of bids:

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

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

covered under these specifications and documents. All technically responsive bids

shall then be examined to determine the LOWEST EVALUATED COMMERCIALLY AND

TECHNICALLY RESPONSIVE BIDS.

29.0 Policy for bids under consideration:

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

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

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

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

from contacting by any means, the owner and/or his employees/representatives on

the matters related to Bids under consideration.

29.2 Clarification of bids:

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

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

clarification and the response shall be in writing and no change in the price or

substance of the bid shall be sought, offered or permitted.

30.0 Preliminary Examination:

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

any computational errors have been made, whether required sureties have been

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

are generally in order.

30.2 Arithmetical errors will be rectified on the following basis:

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

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

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

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

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

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

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

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

ensure that the prices furnished in various price schedules are consistent with

each other. In the case of any inconsistency in the prices furnished in the

specified prices schedules to be identified in Bid Form for this purpose, the

Owner shall be entitled to consider the highest price for the purpose of

evaluation and for the purpose of award of Contract use the lowest of the prices

in these schedules.

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

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

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

conditions of the Bidding Document without material deviations. A material

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

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

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

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

bid’s responsiveness shall be based on the contents of the bid itself without

recourse to extrinsic evidence.

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

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

conformity.

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

bid which does not attribute to material deviation, provided such waiver does not

prejudice or affect the relative ranking of any Bidder.

31.0 Evaluation of Price Bids:

31.1 Definitions and Meanings:

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

and definition will apply: -

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

the complete scope of works.

31.2 Calculation of differential Price & Cost Compensation for Deviations.

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

and comparison shall be derived as under:

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

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

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

are the respective parameter differential or deficiency in the corresponding

units to be determined from the Bidder’s proposal. The above factors and

corresponding units of parameter differential are derived from the Technical

Specifications, Data sheets and/or Special Conditions of Contract.

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

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

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

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

information as necessary and available to the Owner.

31.3 Comparison of Bids

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

services to be rendered as quoted by the Bidder) for the entire scope of the

proposal as defined in the Bidding Document.

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

W = Q + DP + D, Where

W = Total Comparison Price

Q = Bid Price quoted by the bidder in Indian Rupees (Value Of erection cost

including other components if any.)

DP = Different price in Indian Rupees calculated as above

D = Cost compensation for deviations calculated as above.

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

determine the lowest evaluated bid and, as a result of this comparison, the lowest bid

AWARD OF CONTRACT

32.0 Award Criteria

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

determined to be substantially responsive and has been determined as the lowest

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

perform the contract satisfactorily. The Owner shall be the sole judge in this

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

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

Technical Specifications.

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

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

bidding process and reject all bids at time prior to award of contract, any

without thereby incurring any liability to the affected Bidder or Bidders or any

obligation to inform the affected Bidder or Bidders of the grounds for the

Owner’s action.

34.0 Notification of award:

34.1 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 e mail or FAX, to be confirmed in writing by registered

letter, that his bid has been accepted.

34.2 The notification of award will attribute the formation of the Contract.

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

relevant clause 38 .0, the Owner will promptly notify each unsuccessful Bidder

and will discharge his bid security, pursuant to Clause 20.0.

35.0 Signing of contract:

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

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

incorporating all agreements between the parties.

35.2 Within 7 days of receipt of the detailed of Award, the successful bidder shall

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

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

the same will be signed within 15 (Fifteen) days of notification of Award.

35.4 The contractor will have to give indemnity bond for material on Non-judicial

Stamp paper of value Rs. 300/- to GETCO as per attached format. The cost of stamp

paper will be borne by the contractor.

35.5 The contractor will have to give safety cum indemnity bond on Non-Judicial Stamp

paper of value Rs. 300/- to GETCO against any possible claim of compensation for

damage to contractor’s staff or any of third party during the execution of work.

The cost of stamp paper will be borne by the contractor.

35.6 Also the successful bidder will have to execute Agreement on stamp paper of value

Rs.300/- at our Transmission Circle, GETCO, Bharuch before commencement of works

as per GETCO’s prescribed Proforma .The cost of stamp paper will be borne by the

contractor.

36.0 Contract Performance Guarantee:

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

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

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

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

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

accordance with the terms and conditions specified in these documents and

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

Warranty Period.

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 equipment furnished and erected under the Contract, as per the

specifications and documents.

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

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

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

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

the normal use of the said equipment within the period of guarantee specified

in the relevant clause of the General Terms and Conditions in the Part-

I/Special Conditions of Contract.

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

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

clause entitled “Equipment Performance Guarantee” in Technical Specifications,

Part-II and damages stipulated in other clauses in the Bid documents.

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

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

GENERAL TERMS & CONDITIONS OF CONTRACT

A. INTRODUCTION

1.0 DEFINITION OF TERMS

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

Contractor as per the Contract Agreement signed by the parties, including all

attachments and appendices thereto and all documents incorporated by reference

1.2 ‘Owner’ shall mean the Superintending Engineer (TR.) CIRCLE GETCO, Bharuch or any

of its subsidiaries and shall include its legal representatives, successors and

1.3 ‘Contractor’ 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.

1.4 ‘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.

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

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

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

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

satisfactory operation including all transportation, handling, unloading and

storage at the Site as defined in the Contract.

1.7 ‘Specifications’ shall mean the Specifications and Bidding Document forming a

part of the Contract and such other schedules and drawings as may be mutually

agreed upon.

1.8 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.

1.9 The term ‘Contract Price’ shall mean the lump-sum price quoted by the Contractor

in his bid with additions and/or deletions as may be agreed and incorporated in

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

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

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

operation including successful completion of performance and guarantee tests to

be performed at Site by the Contractor including cost of insurances.

1.11 Site Engineer ‘Inspector’ shall mean the 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.

1.12 ‘Notice of Award of Contract’/’Letter of Award’ shall mean the official notice

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

1.13 ‘Order’ shall mean the official letter issued by the Owner informing the

acceptance of the bid.

1.14 ‘Date of Contract’ shall mean the date on which letter of commencement of work

issued by the respective sub division deputy engineer.

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

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

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

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

or over signature and/or seal as the case may be.

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

‘Proper’, ‘Requested’, ‘As Directed’, ‘Where Directed’, ‘When Directed’,

‘Determined by’, ‘Accepted’, ‘Permitted’, or words and phrases of like importance

are used the approval, judgment, direction etc. is understood to be a function of

the Owner/Engineer.

1.17 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.

1.18 ‘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.

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

acceptance of the Works performed under the Contract, after successful

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

accompanying Technical Specifications or otherwise agreed in the Contract.

1.20 ‘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.

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

replacements, if any :

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

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

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

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

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

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

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

h) American Society of Materials Testing Codes.

i) Standards of the Indian Standards Institution.

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

touching the subject matter of the Contract.

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

where the context so requires.

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

associations or bodies of individuals, whether incorporated or not.

2.0 APPLICATION

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

by provisions in other parts of the Contract.

3.0 CONTRACT DOCUMENTS

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

deemed to form an integral part of the Contract:

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

Instructions to Bidders, General Terms and Conditions of Contract, the

Special Conditions of Contract. and all other documents included under

Part-I, Part-II and Part-III.

b) Specifications of the erection of the equipments and other technical

services to be provided 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) Letter of Award and any agreed variations of the conditions of the documents

and special terms and conditions of Contract, if any.

3.2 In the event of any conflict between the above mentioned documents the matter

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

binding upon the parties.

4.0 USE OF CONTRACT DOCUMENTS AND INFORMATION

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

Contract, or any provision thereof, or any specification, plan, drawing, pattern,

sample or information furnished by or on behalf of the Owner in connection

therewith, to any person other than a person employed by the Contractor in the

performance of the Contract. Disclosure to any such employed person shall be made

in confidence and shall extend only so far as may be necessary for the purpose of

such performance.

4.2 The Contractor shall not, without the Owner’s prior written consent, make use of

any document or information enumerated in various Contract documents except for

the purpose of performing the Contract.

4.3 The Contractor shall not communicate or use 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.

4.4 Any document, other than the Contract itself, enumerated in various Contract

documents shall remain the property of the Owner and shall be returned (in all

copies) to the Owner on completion of the Contractor’s performance under the

Contract if so required by the Owner.

5.0 TRANSMISSION OF THE CONTRACT

5.1 Notwithstanding anything stated elsewhere in the bid documents, the Contract to

be entered into will be treated as a single Contract. Award shall be placed on

the successful Bidder as follows:

For providing services like inland transportation, insurance for delivery at

site, unloading, storage, handling at site, installation, testing and

commissioning including performance testing in respect of all the equipment

material equipment/materials given by the owner after observing standard store

procedures for transport from owner’s stores, insurance, unloading storage

handling at site installation testing & commissioning.

5.2 In case erection Contract, or where the Owner hands over his equipment to the

Contractor for executing, then the Contractor shall at the time of taking

delivery of the equipment/dispatch documents be required to execute an Indemnity

Bond in favour of the Owner in the form acceptable to the Superintending Engineer

(TR.) GETCO Bharuch for keeping the equipment in safe custody and to utilize the

same exclusively for the purpose of the said Contract. Samples of proforma for

the Indemnity Bond will be furnished during award of Contract.

5.3 The Contract shall in all respects be trued and governed according to Indian

5.4 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).

6.0 JURISDICTION OF CONTRACT

6.1 The laws applicable to the Contract shall be the laws in force in India. The

Courts of Bharuch shall have exclusive jurisdiction in all matters arising under

this Contract.

7.0 EXECUTION OF CONTRACT:

7.1 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.

7.2 The Agreement, unless otherwise agreed to, shall be signed within 15 days of the

acceptance of the Letter of Award, at the office the Owner at Bharuch on a date

and time to be mutually agreed. The Contractor shall provide for signing of the

Contract, Performance Guarantee, appropriate power of attorney and other

requisite materials. In case the Contract is to be signed beyond the stipulated

time, the Bid Guarantee submitted with the Proposal will have to be extended

accordingly.

7.3 The Agreement will be signed in copies to be specified and the Contractor shall

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

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

provide the Owner with copies of agreement within fifteen (15) days after the

signing of the Contractor.

8.0 ENFORCEMENT OF TERMS

8.1 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 trued to be a waiver of such provisions, rights or

options or in anyway to affect the validity of the Contract. The exercise by

either party of any of its rights herein shall not preclude or prejudice either

party from exercising the same or any other right it may have under the Contract.

9.0 COMPLETION OF CONTRACT

9.1 Unless otherwise terminated under the provisions of any other relevant clause,

this Contract shall be deemed to have been completed on the expiry of the

guarantee period as provided for under the clause entitled ‘Guarantee’ in this

section of the Volume-I.

B. GUARANTEES & LIABILITIES

11.0 TIME – THE ESSENCE OF CONTRACT

11.1 The time and the date of completion of the Contract as stipulated in the Contract

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

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

Contractor shall so organize his resources and perform his work as to complete it

not later than the date agreed to.

11.2 The Contractor shall submit a detailed bar chart within the time frame agreed

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

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

activities within seven (7) days of the date of LOI.

11.3 The above bar chart shall be compatible with the Owner’s computer environment and

furnished to the Owner on such media as may be desired by the Owner.

12.0 EFFECTIVENESS OF CONTRACT

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

commencement given by the respective Transmission sub division unless otherwise

provided in LOI.

13.0 PENALTY FOR DELAY

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

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

sum specified for each specified period of delay. The details of such penalty are

brought out in the accompanying Special Conditions of Contract (SCC).

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

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

maximum of 10% of the Contract prices plus GST detailed in the Special Conditions

of Contract (SCC).

14.0 GUARANTEE

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

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

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

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

action is taken by the Engineer, the Contractor will be notified promptly and he

shall assist wherever possible in making necessary corrections. This shall not

relieve the Contractor of his liabilities under the terms and conditions of the

14.2 If it becomes necessary for the Contractor to rectify or renew any defective

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

works so rectified or corrected until the expiry of six (6) months from the date

of such rectification or correction. If any defects are not rectified 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.

14.3 The rectification or correction of the work will be carried out free of cost by

the Contractor. If any rectification or correction is carried out on his behalf

at the site, the Contractor shall bear the cost of such rectification or

correction.

14.4 The acceptance of the works by the Engineer shall in no way relieve the

Contractor of his obligations under this clause.

15.0 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.

16.0 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.

17.0 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 or

after finalization of material account and final bill 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

18.0 ENGINEER’S DECISION

19.0 In respect of all matters which are left to the decision of the Engineer

including the granting or with-holding of the certificates, the Engineer shall,

if required to do so by the Contractor, give in writing a decision thereon.

19.1 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

19.2 The Engineer’s decision and the filing of the written objection thereto shall be

a condition precedent to the right to request arbitration. It is the intent of

the Agreement that there shall be no delay in the execution of the works and the

decision of the Engineer as rendered shall be promptly observed.

20.0 POWER TO VARY OR OMIT WORK

20.1 No alterations, amendments, omissions, suspensions or variations of the Works

(hereinafter referred to as ‘variation’) under the Contract as detailed in the

Contract Documents, shall be made by the Contractor except as directed in writing

by the Engineer, but the Engineer shall have full powers subject to the

provisions hereinafter contained, from time to time during the execution of the

Contract, by notice in writing to instruct the Contractor to make such variation

without prejudice to the Contract. The Contractor shall carry out such variation

and be bound by the same conditions as far as applicable as though the said

variations occurred in the Contract Documents. If any suggested variations

would, in the opinion of the Contractor, if carried out, prevent him from

fulfilling any of his obligations or guarantees under the Contract, he shall

notify the Engineer thereof in writing and the Engineer shall decide forthwith

whether or not, the same shall be carried out and if the Engineer confirms his

instructions, the Contractor’s obligations and guarantees shall be modified to

such an extent as may be mutually agreed. Any agreed difference in cost

occasioned by any such variation shall be added to or deducted from the Contract

Price as the case may be.

20.2 In the event of Engineer requiring any variation, a reasonable and proper notice

shall be given to the Contractor to enable him to work his arrangement

accordingly, and in cases where goods or materials are already prepared or any

design, drawings or pattern made or work done as per the contract requires to be

altered, a reasonable and agreed sum in respect thereof shall be paid to the

Contractor.

20.3 In any case in which the Contractor has received instructions from the Engineer

as to the requirement of carrying out the alterations or additional or

substituted work which either then or later on, will in the opinion of the

Contractor, involve a claim for additional payment, the Contractor shall

immediately and in no case later than thirty (30) days, after receipt of the

instructions aforesaid and before carrying out the instructions, advise the

Engineer to that effect. But the Engineer shall not become liable for payment of

any charges in respect of any such variations, unless the instructions for the

performance of the same shall be confirmed in writing by the Engineer.

20.4 If any variation in the Works results in reduction of Contract Price, the parties

shall agree, in writing, so to the extent of any change in the price, before the

Contractor proceeds with the change.

20.5 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.

20.6 Notwithstanding anything stated above in this clause, the Engineer shall have the

full power to instruct the Contractor, in writing, during the execution of the

Contract to vary the quantities of the items or groups of items in accordance

with the provisions of clause entitled ‘Change of Quantity’ in section GCC of

this Volume-I. The Contractor shall carry out such variations and be bound by

the same conditions as though the said variations occurred in the Contract

Documents. However, the Contract Price shall be adjusted at the rates and the

prices provided for the original quantities in the Contract.

21.0 CHANGE OF QUANTITY

21.1 During the execution of the Contract, the Owner reserves the right to increase or

decrease the quantities of items under the Contract but without any change in

unit price or other terms & conditions. Such variations unless otherwise

specified in the accompanying Special Conditions of Contract and/or Technical

Specifications, shall not be subjected to any limitation for the individual items

but the total variations in all such items under the Contract shall be limited to

a percentage of the Contract price as specified in the Special Conditions of

21.2 The Contract price shall accordingly be adjusted based on the unit rates

available in the Contract for the change in quantities as above.

22.0 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.

23.0 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.

24.0 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.

25.0 PROGRESS REPORTS

During the various stages of the work in pursuance of the Contract, the

Contractor shall at his own cost submit periodic progress reports as may be

reasonably required by the Engineer with such materials as, charts, net-works,

photographs, test certificates, etc. Such progress reports shall be in the form

and size as may be required by the Engineer.

26.0 TAKING OVER

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

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

Contractor a Taking Over Certificate as a proof of the final acceptance of the

equipment. Such certificate shall not unreasonably be withheld nor will the

Engineer delay the issuance thereof on account of minor omissions or defects

which do not affect the commercial operation and/or cause any serious risk to the

equipment. Such certificate shall not relieve the Contractor of any of his

obligations which otherwise survive, by the terms and conditions of the Contract

after issue of such certificate.

27.0 PAYMENT

27.1 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.

27.2 Currency of Payment

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

27.3 Terms.

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

fulfillment of conditions specified thereof.

28.0 Payment Schedule

28.1 Application for Payment

28.2 The Contractor shall submit application for the payment in the prescribed

Performa of the Owner. Performa for application for payment will be as

prescribed.

29.1 Each such application shall state the amount claimed and shall set forth in

detail, in the order of the Payment Schedule, particulars of the Works including

the Works executed at Site and of the equipment shipped/brought on to the site

pursuant to the Contract up to the date mentioned in the application and for the

period covered since the last preceding certificate, if any.

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

executed upto the date mentioned in the application for the payment certificate,

provided that no sum shall be included in any interim payment certificate in

respect of the works that, according to the decision of the Engineer, does not

comply with the Contract.

29.3 Mode of Payment

29.4 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.

29.5 The payment of test charges, if any, payment, taxes and duties (whenever

admissible) inland transportation (including port handling), insurance and the

erection portion of the Works shall be made direct to the Contractor by the

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

Conditions of Contract after signing the Contract Agreement. The payments linked

with the dispatch of materials shall only be made after production of all

dispatch documents as specified in the relevant Contract conditions which will

interalia include the Material Inspection Clearance Certificate issued by the

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.

30.0 DEDUCTIONS FROM CONTRACT PRICE

All costs, damages or expenses that 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. The Owner to the Contractor shall bill all such claims 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 money due

or becoming due by him to the Contractor under the Contract or may be recovered

by sections of Law or otherwise.

D. RISK DISTRIBUTION

31.0 INSURANCE

31.1 The Contractor at his cost shall arrange, secure and maintain all insurance as

may be pertinent to the Works and obligatory in terms of law to protect his

interest and interests of the Owner against all perils detailed herein. The form

and the limit of such insurance as defined herein together with the under-writer

in each case shall be acceptable to the Owner. However, irrespective of such

acceptance, the responsibility to maintain adequate insurance coverage at all

time during the period of Contract shall be of Contractor alone. The

Contractor’s failure in this regard shall not relieve him of any of his

contractual responsibilities and obligations. The insurance covers to be taken

by the Contractor shall be in the joint name of the Owner and the Contractor.

The Contractor shall, however, be authorized to deal directly with Insurance

Company or Companies and shall be responsible in regard to maintenance of all

insurance covers. Further the insurance should be in freely convertible

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

erection, putting into satisfactory operation and all activities to be performed

till the successful completion of commissioning of the equipment shall be to the

account of the Contractor. The Contractor shall be responsible for preference of

all claims and make good the damages or loss by way of repairs and/or replacement

of the equipment, damaged or lost. The transfer of title shall not in any way

relieve the Contractor of the above responsibilities during the period of

Contract. The Contractor shall provide the Owner with copy of all insurance

policies and documents taken out by him in pursuance of the Contract. Such

copies of documents shall be submitted to the Owner immediately after such

insurance coverage. The Contractor shall also inform the Owner in writing at

least sixty (60) days in advance regarding the expiry/cancellation and/or change

in any of such documents and ensure revalidation, renewal etc., as may be

necessary well in time.

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

limited to fire and allied risks, miscellaneous accidents (erection risks)

workman compensation risks, loss or damage in transit, theft, pilferage, riot and

strikes and malicious damages, civil commotion, weather conditions, accidents of

all kinds, etc. The scope of such insurance shall be adequate to cover the

replacement/reinstatement cost of the equipment for all risks up to and including

delivery of goods and other costs till the equipment is delivered at Site. The

insurance policies to be taken should be on replacement value basis and/or

incorporating escalation clause. Notwithstanding the extent of insurance cover

and the amount of claim available from the underwriters, the Contractor shall be

liable to make good the full replacement/rectification value of all

equipment/materials and to ensure their availability as per project requirements.

31.4 All costs on account of insurance liabilities covered under the Contract will be

on Contractor’s account and will be included in Contract Price, However, the

Owner may from time to time, during the pendency of the Contract, ask the

Contractor in writing to limit the insurance coverage, risks and in such a case,

the parties to the Contract will agree for a mutual settlement, for reduction in

Contract price to the extent of reduced premia amount. The Contractor, while

arranging the insurance shall ensure to obtain all discounts on premia, which may

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

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

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

performed at the Site.

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

32.0 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.

33.0 DELAYS BY OWNER OR HIS AUTHORISED AGENTS

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

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

due extension of time for the completion of the Works, to the extent such

omission on the part of the Owner has caused delay in the Contractor’s

performance of the Contract.

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

the Engineer shall be final.

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

reasonable compensation if such delays have resulted in any increase in cost.

The Owner shall examine the justification for such a request for claim and if

satisfied, the extent of compensation shall be mutually agreed depending upon the

circumstances at the time of such an occurrence.

36.0 FORCE MAJEURE

36.1 Force majeure is herein defined as any cause which is beyond the control of the

Contractor or the Owner as the case may be, which they could not foresee or with

a reasonable amount of diligence could not have foreseen and which substantially

affects the performance of the Contract, such as:

a. Natural phenomena, including but not limited to floods, droughts, earthquakes

and epidemics:

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

war, declared or undeclared, priorities, guarantees, embargoes.

Provided either party shall within fifteen (15) days from the occurrence of such

a cause notify the other in writing of such causes.

36.2 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

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.

37.0 SUSPENSION OF WORK

37.1 The Owner reserves the right to suspend and reinstate execution of the whole or

any part of the Works without invalidating the provisions of the Contract.

Orders for suspension or reinstatement of the Works will be issued by the

Engineer to the Contractor in writing. The time for completion of the works will

be extended for a period equal to duration of the suspension.

37.2 Any necessary and demonstrable cost incurred by the Contractor as a result of

such suspension of the works will be paid by the Owner, provided such costs are

substantiated to the satisfaction of the Engineer. The Owner shall not be

responsible for any liabilities if suspension or delay is due to some default on

the part of the Contractor or his Sub-Contractor.

38.0 CONTRACTOR`S DEFAULT

38.1 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 Contractor’s equipment that may have been at

the time on the Site in connection with the works without being responsible to

the Contractor for fair wear and tear thereof and to the exclusion of any right

of the Contractor over the same, and the Owner shall be entitled to retain and

apply any balance which may otherwise be due on the Contract by him to the

Contractor, 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 completing 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.

38.2 In addition, such action by the Owner as aforesaid shall not relieve the

Contractor of his liability to pay liquidated damages for delay in completion of

Works as defined in Clause 14.0 of this Section.

38.3 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.

39.0 TERMINATION OF CONTRACT ON OWNER`S INITIATIVE

39.1 The Owner reserves the right to terminate the Contract either in part or in full

due to reasons other than those mentioned under clause entitled ‘Contractor’s

Default’. The Owner shall in such an event give fifteen (15) days’ notice in

writing to the Contractor of his decision to do so.

39.2 The Contractor upon receipt of such notice shall discontinue the work on the date

and to the extent specified in the notice, make all reasonable efforts to obtain

cancellation of all orders and Contracts to the extent they are related to the

work terminated and terms satisfactory to the Owner, stop all further sub-

contracting or purchasing activity related to the work terminated, and assist

Owner in maintenance, protection, and disposition of the works acquired under the

Contract by the Owner.

In the event of such a termination the Contractor shall be paid compensation,

equitable and reasonable, dictated by the circumstances prevalent at the time of

termination.

39.3 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 incompleted part without being in any way liable to payment of any

compensation to the estate of deceased Contractor and/or to the surviving

partners of the Contractor’s firm on account of the cancellation of the

Contract. The decision of the Owner that the legal representatives of the

deceased Contractor or surviving partners of the Contractor’s firm cannot carry

out and complete the Contract shall be final and binding on the parties. In the

event of such cancellation the Owner shall not hold the estate of the deceased

Contractor and/or the surviving partners of the estate of the deceased Contractor

and/or the surviving partners of the Contractor’s firm liable to damages for not

completing the Contract.

40.0 FRUSTRATION OF CONTRACT

40.1 In the event of frustration of the Contract because of supervening impossibility

in terms of Section 56 of the Indian Contract Act, parties shall be absolved of

their responsibility to perform the balance portion of the Contract, subject to

provisions contained in sub-clause 45.3 below.

40.2 In the event of non-availability or suspension of funds for any reasons,

whatsoever (except for reason of willful or flagrant breach by the Owner) and/or

Contractor then the works under the Contract shall be suspended.

Furthermore, if the Owner is unable to make satisfactory alternative arrangements

for financing to the Contractor in accordance with the terms of the Contract

within three months of the event, the parties hereto shall be relieved from

carrying out further obligations under the Contract treating it as frustration of

the Contract.

40.3 In the event referred to in sub-clauses 45.1 & 45.2 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.

41.0 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 money otherwise due to

Contractor under the Contract.

RESOLUTION OF DISPUTES

42.0 SETTLEMENT OF DISPUTES

42.1 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.

42.2 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 termination, 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 Contractor.

42.3 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.

42.4 If after the Engineer has given written notice of his decision to the parties, no

claim to arbitration has been communicated to him by either party within thirty

(30) days from the receipt of such notice, the said decision shall become final

and binding on the parties.

42.5 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.

43.0 ARBITRATION

43.1 All disputes or differences in respect of which the decision, if any, of the

Engineer has not become final or binding as aforesaid shall be settled by

arbitration in the manner hereinafter provided.

43.1.1 The arbitration shall be conducted by three arbitrators, one each to be nominated

by the Contractor and the Owner and the third to be appointed as an umpire by

both the arbitrators in accordance with the Indian Arbitration Act. If either of

the parties fails to appoint its arbitrator within sixty (60) days after receipt

of a notice from the other party invoking the Arbitration clause, the arbitrator

appointed by the party invoking the arbitration clause shall become the sole

arbitrator to conduct the arbitration.

43.1.2 The arbitration shall be conducted in accordance with the provisions of the

Indian Arbitration Act, 1940 or any statutory modification thereof. The venue of

arbitration shall be Bharuch.

43.2 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.

43.3 The arbitrator shall have full powers to review and/or revise any decision,

opinion, direction, certification or valuation of the Engineer in accordance with

the Contract, and neither party shall be limited in the proceedings before such

arbitrators to the evidence or arguments put before the Engineer for the purpose

of obtaining the said decision.

43.4 No decision given by the Engineer in accordance with the foregoing provisions

shall disqualify him as being called as a witness or giving evidence before the

arbitrators on any matter whatsoever relevant to the dispute or difference

referred to the arbitrators as aforesaid.

43.5 During settlement of disputes and arbitration proceedings, both parties shall be

obliged to carry out their respective obligations under the Contract.

44.0 RECONCILIATION OF ACCOUNTS

The Contractor shall prepare and submit every month, a statement covering

payments claimed and the payments received vis-a-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.

Signature of Contractor Superintending Engineer (TR)

GETCO, CO, Bharuch

ERECTION CONDITIONS OF CONTRACT

1.0 GENERAL

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

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 thereunder in respect of any employee or

workman employed or engaged by him or his Sub-Contractor. He shall abide by

labour laws and others as specified in the special conditions of contract.

2.2 All 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 registration need to be re-arranged due to the fault of the

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

registration also shall be borne by the Contractor.

3.0 OWNER’S LIEN ON EQUIPMENT

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

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

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

equipment throughout the period of Contract. No material brought to the Site

shall be removed from the Site by the Contractor and/or his Sub-Contractors

without the prior written approval of the Engineer.

4.0 ACCESS TO SITE AND WORKS ON SITE

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

by the Owner in reasonable time.

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

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

reasonable facilities for carrying out the works.

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

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

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

his representative.

5.0 CONTRACTOR’S SITE ESTABLISHMENT

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

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

his duly authorized representative, shall be communicated to the said authorized

resident representative of the Contractor and the representative shall be

available at a stated address for this purpose.

6.0 CO-OPERATION WITH OTHER CONTRACTORS

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

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

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

under the Contract. The Contractor shall also so arrange to perform his work as

to minimize, to the maximum extent possible, interference with the work of other

Contractors and their workmen. Any injury or damage that may be sustained by the

employees of the other Contractors and the Owner, due to the Contractor’s work

shall promptly be made good at the Contractor’s own expense.

7.0 DISCIPLINE OF WORKMEN

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

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

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

the Site, if in the opinion of the Engineer such employee has misconduct himself

or is incompetent or negligent or otherwise undesirable and then the Contractor

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

replacement.

8.0 CONTRACTOR’S FIELD OPERATION

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

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

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

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

reviews shall also not be considered as an assumption of any risk or liability by

the Engineer or the Owner or any of his representatives and no claim of the

Contractor will be entertained because of the failure or inefficiency of any such

plan or schedule or method of work reviewed. The Contractor shall be solely

responsible for the safety, adequacy and efficiency of plant and equipment and

his erection methods.

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

Work-site including the safety of all persons employed by him or his Sub–

Contractor and all the properties under his custody during the performance of the

work. This requirement shall apply continuously till the completion of the

Contract and shall not be limited to normal working hours.

9.0 PROGRESS REPORT

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

including if any, photographs of the work done at Site.

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

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

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

and the action proposed for corrective measures, wherever necessary.

10.0 MAN-POWER REPORT

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

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

month, skill-wise and area-wise.

11.0 PROTECTION OF WORK

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

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

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

Contractor shall be responsible for complete restoration of the damaged works to

original conditions to comply with the specification and drawings.

12.0 EMPLOYMENT OF LABOUR

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

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

eighteen years shall be employed.

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

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

be the sole responsibility of the Contractor.

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

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

Compensation Act, Contract Labour Regulation Abolition Act or any other law due

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

recover the same from the Contractor’s bills.

13.0 FACILITIES TO BE PROVIDED BY THE OWNER

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 Transmission of Contractor’s field

office, workshop, stores, etc. required for execution of the Contract. Any such

temporary Transmission shall be done by the Contractor at his cost.

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

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

of land allotted to him for the above purpose, the payment of his final bill

shall not be made.

13.2 Electricity:

Power supply:

Where power supply is available with the Owner for Transmission purpose the same

will be provided at the job site at one point of the distribution system as may

be decided by Engineer. Electricity furnished will be 440 volts, 3 phase,

cycles and 230 volts, 1 phase, 50 cycles. Each Contractor shall provide and

install all necessary transformers, switchgears, wiring fixtures, bulbs and other

temporary equipment for further distribution and utilization of energy for power

and lighting and shall remove the same on completion of the work. Should,

however, electricity be used in the Contractor’s labour/staff colony, the power

so consumed shall be charged at the prevailing tariff rate of the GUVNL as

prevalent for that area at the time of award of work; the supply may be withdrawn

if the power is used for purposes other than for the work of the project and the

Contractor shall not be entitled to any claim whatsoever on account of any such

action taken by the Engineer. For this purpose, contractor shall have to apply to

DISCOM for separate temporary connection on his name.

14.0 FACILITIES TO BE PROVIDED BY THE CONTRACTOR

14.1 Tools, tackles and scaffoldings

The Contractor shall provide all the Transmission equipments; 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

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

employees, representatives and workmen working at the Site. Enough number of

Contractor’s personnel shall be trained in administering first-aid.

14.4 Cleanliness

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

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

Contractor shall employ enough number of personnel to keep the work area clean.

Materials and stores shall be so arranged to permit easy cleaning of the area.

In areas where equipment might drip oil and cause damage to the floor surface, a

suitable protective cover of a flame resistant, oil proof sheet shall be provided

to protect the floor from 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

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

minimize fire hazards to the extent practicable. Combustible materials,

combustible waste and rubbish shall be collected and removed from the Site at

least once each day. Fuels, oils and volatile or inflammable materials shall be

stored away from the Transmission and equipment and materials storage areas.

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

the Site during the entire period of the Contract.

17.0 SECURITY

The Contractor shall have total responsibility for all equipment and materials in

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

Contractor shall make suitable security arrangements ensure the protection of all

materials, equipment and works from theft, fire, pilferage and any other damages

18.0 PRE-COMMISSIONING TRIALS AND INITIAL OPERATIONS

The pre-commissioning trials and initial operations of the equipment erected by

the Contractor shall be carried out in presence of contractor and is deemed

considered as part of the work completion. 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 tests and trials.

19.0 MATERIALS HANDLING AND STORAGE

19.1 All the equipment furnished under the Contract and arriving at Site shall be

promptly received, 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 immediately of any damages, storage, discrepancy etc, for the purpose of

Engineer’s information only. The Contractor shall submit to the Engineer every

week a report detailing all the receipts during the week. However, the Contractor

shall be solely responsible for any shortages or damages in transit, handling and

/ or in storage and erection of the equipment at Site. Any demurrage, wharf age

and other such charges claimed by the transporters, railways etc, shall be to the

account of the Contractor. For shortages of any materials issued by the GETCO for

the work, recovery shall be made from you, on the basis of prices of the

materials (prevailing on the date of settlement of materials account) plus 15%

supervision charges plus GST as applicable.

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

equipment 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 actual 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 commissioning and a record of such measured insulation values

maintained by the Contractor. Such records shall be opened for inspection by the

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

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

deterioration in quality by storage.

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

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

earmarked for the Contractor at the Contractor’s cost.

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 storage, to

indoor storage areas, which the Contractor shall strictly comply with.

20.0 TRANSMISSION 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 scheduling and coordination of work. Such decision by the

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

Contractor.

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 discussions during the meeting and the decision of the

Engineer and shall strictly adhere to those decisions in performing his works.

In addition to the above weekly meeting, the Engineer may call for other meetings

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

performance of his works in accordance with the specified Transmission schedule.

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

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

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

the schedule and shall communicate such actions in writing to the Engineer,

satisfying that his action will compensate for the delay. The Contractor shall

not be allowed any extra compensation for such action.

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 Transmission equipment, tools and tackles for the purpose of the works

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

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

only and shall not on any account be removed or taken away by the Contractor

without the written permission of the Engineer. The Contractor shall

nevertheless be solely liable and responsible for any loss or destruction thereof

and damage thereto.

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 off 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 direction of the Engineer the materials such as Transmission equipment,

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

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

Contractors and all public and private property.

24 INSURANCE

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

General Terms and Conditions of Contract of this Volume-I, the following

provisions will also apply to the portion of works to be done beyond the

Contractor’s own or his Sub-Contractor’s manufacturing Works.

24.2 Workmen’s Compensation Insurance

This insurance shall protect the Contractor against all claims applicable under

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

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

of his or his Sub-Contractor’s employee, which for any reason are not covered

under the Workmen’s Compensation Act, 1948. The liabilities shall not be less

Workmen’s Compensation : As per statutory Provisions

Employee’s Liability : As per statutory Provisions

24.3 Comprehensive General Liability Insurance

The insurance shall protect the Contractor against all claims arising from

injuries, disabilities, disease or death of members of public or damage to

property of others, due to any act of omission on the part of the Contractor, his

agents, his employees, his representatives and Sub-Contractors or from riots,

strikes and civil commotion.

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

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

work pursuant to the Contract.

24.5 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.

25.0 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 Transmission 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 Transmission

conditions will in no way relieve the Contractor of his responsibility to perform

the Works as per the schedule.

26.0 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.

27.0 WORK & SAFETY REGULATIONS

27.1 The Contractor shall ensure proper safety of all the workmen, materials, plant

and equipment belonging to him or to GETCO 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 necessary.

27.4 All equipment used in Transmission 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 GETCO in this regard.

27.5 Periodical examinations and all tests for all lifting/hoisting equipment &

tackles shall be carried-out in accordance with the relevant provisions of

Factories Act 1948, Indian Electricity Act 1910 and associated Laws/Rules in

force from time to time. A register of such 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.

27.6 The Contractor shall provide suitable safety equipment of prescribed standard to

all employees and workmen according to the need.

27.8 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.

27.9 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 GETCO to

handle such fuses, wiring or electrical equipment

27.10 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 be connected.

27.11 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.

27.12 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.

27.13 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.

27.14 In case any accident occurs during the Transmission/ 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

27.15 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 Contractor.

27.16 The Contractor shall not be entitled for any damages/compensation for stoppage

of work due to safety reasons as provided in para 27.15 above 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.

27.17 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.

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 employees.

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

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.

27.18 The Contractor shall follow and comply with all GETCO 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 GETCO 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 applicable Causing death

per person plus GST for death

b. Major injuries or accident causing :Rs. 20,000/-Injury to any person.

25% or more permanent disablement per person plus GST,

whosoever to Workmen or employees

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.

28.0 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.

Signature of Contractor Superintending Engineer(TR)

GETCO, CO, Bharuch

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

Instructions to Bidders (ITB), 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 ITB, GCC and ECC. However, in certain provisions which are

contrary to those in ITB, GCC and ECC, the provisions in these Special Conditions

of Contract will prevail.

2.0 Tender Fee:

The tender fee specified in notice inviting tender is payable by Demand Draft

(DD) drawn at Bharuch on any Scheduled Bank in favour of GETCO Bharuch on any

Scheduled Bank in Bharuch. The same will be furnished in Cover-1 of Bid along

with EMD (Bid Security).

3.0 Earnest Money Deposit (EMD):

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

 50 % of EMD by online mode in favour of Gujarat Energy Transmission

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

Guarantee from any Nationalized Bank in the format provided herein.

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

 100 % of EMD by online mode in favour of Gujarat Energy Transmission

Corporation Ltd. on any Scheduled Bank in Bharuch

The estimated cost for this Tender along with EMD is mentioned on tender notice.

3.2 Payment by Cheque/Cooperative Bank Guarantee/ Company Guarantee is not

permissible.

4.0 Declaration by Bidder:

The Bidder shall sign the Declaration enclosed to this SCC and not furnishing the

same will make the Bid invalid.

5.0 Qualifying Criteria:

5.1 TECHNICAL CRITERIA:

Experience as per qualifying requirement.

5.2 FINANCIAL CRITERIA:

The financial turnover of bidder (Financial year) shall not be less than Rs.

lacs during last 3 (three) Financial years.

Registration of appropriate class with GETCO and validity of the registration should be

furnished along with the technical bid. Latest Bank solvency certificate of 20% of the

tender value is required to be furnished by the tenderer along with the technical bid.

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. Details of Partners/Directors of the Firm/Company.

3. Experience Record and details of orders pending / executed for various

4. Last three years Audited Accounts/IT returns

5. Electrical contractor’s license with latest validation.

6. PF registration along with proof of challan etc.

7. Solvency certificate from Bank (up to 20 % of Bid value).

7.0 Price Inclusions (including Taxes & Duties):

7.1 The prices quoted shall be all inclusive of freight, octroi, transportation,

loading, unloading & stacking at site of equipment materials received from

Transmission store GETCO Bharuch after observing all store formalities of GETCO.

7.2 No extra payment toward any type of templates and erection tools /materials will

7.3 GOOD & SERVICE TAX (GST):

The F.O.R. Destination prices are excluding GST and Cess as applicable which will

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

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

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

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

Revenue) Act, CGST Act, UTGST Act and SGSCT Act, 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 COMPANY or shall not claim any such Refund, on a future

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

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

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

Department or from you.

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 should be clearly indicated in the price

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

highest applicable rate of VAT/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 under GST.

i. Contractor has to submit the GST Registration certificate.

ii. Contractor has to submit invoice/Challan as documentary proof with each RA bill &

Final Bill and in which it shall be specifically mention the nature of service

&code SAC code under which the amount of service tax GST payable by contractor

and payable by GETCO (if any) without fail.

iii. GETCO will withheld the GST amount of contractor and it shall be reimbursed on

production of documents evidences of payment made by contractor

iv. The Contractor has to submit invoice to GETCO indicating following.

 Name, address and GST registration no. of the service provider

 Name and address of person receiving the service i.e. GETCO

 Description and value of taxable service provided

 The total GST payable thereon with bifurcation of GST payable by service

provider and service receiver.

 Rate and amount of taxes i.e. CGST/ SGST/ IGST/UGST

 Place of supply along with the name of State, in case of a supply in the

of inter-State trade or commerce i.e. Out of Gujarat Supply

 Applicable SAC Code

 Contractor has to also supply tax invoice as described under GST rules

Regulation indicating GSTIN

v. Contractor has to provide Tax invoice in a standard format as per CGST act, CGST

rules 2017 and GST invoicing rules containing all details as provided in Act and

rules. Contractor / Supplier has to mention GST no. of GETCO i.e.

24AABCG4029R2ZC in the invoice invariably & failure of which payment will not be

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.

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.

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

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

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

supply only

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.

TDS UNDER GST:

Tax deduction at Source (TDS) under GST at the prevailing rate will be deducted

from bills in accordance with the provision of Section 51 of the CGST Act,

and to that effect a certificate will be issued to the party.

Goods and Service Tax Compliances (GST):

The GST at the applicable rates will be levied on the total of Schedule-B.

GST on the work executed will be subject to CGST Act, SGST Act, IGST Act,

UTGST Act its rules, regulations and notifications, circulars issued and in

force time to time by Government and M/s. GETCO. Contractors are required to

clarify the product and services related HSN codes and SAC codes

respectively.

GETCO reserve right of re-classify, in case of mis-classification of goods

and/or service (HSN/SAC codes) Sec. 171 of CGST/SGST Act contains provisions

related to anti-profiteering. On the basis of same on introduction of GST,

the Vendor should pass on the tax benefit/savings, if any, on account of tax

credits or lowering of tax rates to us by way of adjustment in the contract

price. Non-compliance of the

same may lead to levy of penalty by Government.

Contractor required to submit the invoice as per the standard

formats/contents of GST laws including invoice ruling. GST will be reimbursed

subject to proper/ valid matching of transactions/invoices on GSTN (GST

The contractor is abiding by the all rules and regulations of corporation and

amendments, which may publish subsequently for compliance by field offices

with respect to GST Laws.

7.4 Statutory Variations:

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

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

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

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

claim being supported by documentary evidence.

However, if any decrease takes place after the contractual delivery date, the

advantage will have to be passed on to COMPANY. Statutory Variation clause will

not be applicable in case of Supplier / Contractor has opted for Composition

Scheme under GST.

7.5 Income Tax

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

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

will be issued to the contractor.

7.6 Welfare Cess

 As per the Welfare Cess Act, the welfare cess @ 1% is applicable on supply and

erection items for supply, erection, testing & commissioning of substation,

transmission lines, EPC/Turnkey projects and civil works.

 Contractor shall get registered under Welfare Cess Act before commencement of

work. Office of the Factory Inspector is authorized at present as a registering

authority.

 The welfare cess@1% is considered in the price schedules so, the bidders are

requested to quote accordingly.

 GETCO shall pay the welfare cess by way of reimbursing to contractors on

production of documentary evidence of payment.

 The contracts for which supply or part supply of material are in the scope of

GETCO, then contractors shall deposit welfare cess on estimated cost of supplied

items to GETCO on progressive basis of utilization. As this part of welfare cess

is on GETCO account, the same shall be reimbursed to the contractor on receipt of

request letter along with documentary evidence of payment. For calculation of

welfare cess on supply part, valuation as per MR shall be taken and informed to

the contractor for payment. This will be over and above the A/T value.

 In case of EPC contracts covering supply, erection, testing & commissioning, the

supply portion shall also be considered for calculation of welfare cess.

 If GETCO purchases material on its own without any reference to the estimate

contract and gives/hand over the material to the contractor for erection, testing

& commissioning, then welfare cess on procurement cost of the equipment of

material shall also be applicable. Procedure same as narrated above.

 Periodically, the evidence regarding filing of return and maintaining record as

per the Act by the contractor shall be verified by GETCO.

The modality of payment/ reimbursement of welfare cess will be as under.

 On receipt of A/T, the contractor / bidder will get them registered under Welfare

Cess Act and submit the documentary evidence to the concern office.

 Before release of payment of first R.A.Bill, the contractor has to submit the

documentary evidence of registration. Only thereafter, the bill will be processed

for payment.

 Before release of payment of subsequent R.A.Bills, the contractor has to submit

the documentary evidence of payment of welfare cess of previous R.A.Bill.

 Before release of payment of final bill, the contractor has to submit documentary

evidence of payment of welfare cess of previous R.A.Bill as well as of this final

 If the R.A.Bill happens to be first and final bill, then before release of

payment, contractor has to submit documentary evidence of registration under

Welfare Cess Act and evidence of payment of welfare cess.

 The welfare cess shall be reimbursed to the contractor on submission of copy of

documentary evidence of payment by observing due formalities.

8.0 SECURITY DEPOSIT

8.1 The successful bidder has pay security deposit within 10 days of receipt of LOI.

8.2 The successful bidder will be required to pay an amount equivalent to 5 % of the

value of the order as a Security Deposit for satisfactory execution of the

contract. Such Security Deposit will be payable either in DD payable at Bharuch

/Bank guarantees from following Banks will be acceptable.

8.3 If the Contractor defaults in execution of the orders placed or if COMPANY

suffers any financial loss due to this, then COMPANY will be forfeited Security

Deposit, EMD plus GST as applicable from other orders of the same firm or by

encasing the Bank Guarantee

(A) Guarantees issued by the following Banks will be accepted as SD/EMD on permanent

1. All Nationalized Banks

(B) Guarantees issued by following Banks will be accepted as SD/EMD for the period up

to March- 31, 2027 or the issuance of new Government Resolution on the same

subject whichever is earlier. The validity cut-off date in GR is with respect to

date of issue of Bank Guarantee irrespective of date of termination of Bank

Guarantee.

1. Axis Bank

2. AU Small finance bank

3. Bandhan bank

4. City union bank

5. CSB bank

6. DBS Bank Indiia limited

7. DCB Bank

8. Dhanlaxmi Bank

9. Equitas Small Finance Bank

10. FEDERAL Bank

11. HDFC Bank

12. HSBC Bank

13. ICICI Bank

14. IDBI bank

15. IDFC First bank

16. Indusland Bank

17. Jammu & Kashmir Bank

18. Jana Small Finance Bank

19. Karnataka bank

20. Karur Vysya bank

21. Kotak Mahindra Bank

22. RBL Bank

23. South Indian Bank

24. Standard Charterd Bank

25. Tamilnadu Mercantile Bank

26. Ujjivan small finance bank

27. Yes Bank

28. Ahmedabad Mercantile Co-Op. Bank

29. Nutan Nagrik sahkari Bank ltd.

30. Rajkot Nagrik sahkari Bank ltd.

31. Saraswat Co-operartive bank

32. SBPP Co op bank

33. SVC Co-operative Bank Ltd.

34. The Cosmo Co op Bank

35. The Gujarat State co-operative bank

36. Surat District Co-op bank

37 Surat people’s Co-op. bank

38. Baroda Central Co-Operative Bank

39. Panchmahal Dist Co-Op Bank

40. Kalupur commercial Bank

41. Rajkot commercial Co-op Bank

42. Banaskatha Mercantile Co-Op Bank

43. Gujarat Gramin bank

8.4 No interest will be allowed on amount of Security deposit.

8.5 The Security Deposit- total shall be kept deposited up to completion of work

finalization of final bill. The same shall be return on receipt of N.O.C. by the

concerned DE after observing GETCO’s procedure.

8.6 This security deposit is for the performance of contract and the same is liable

to be forfeited by the GETCO in event of non-fulfillment of the term and

conditions of this contract by the contractor.

8.7 Corporate Guarantees are not admissible.

8.8 The ‘Signing of Contract ‘ and ‘ Contract Agreements’ will be done as per

prevalent GETCO Terms and Conditions.

9.0 GUARANTEE PERIOD:

Total work executed shall be covered under guarantee period against any defect in

poor workmanship etc. for a period of one year from the date of commissioning.

10.0 PENALTY FOR DELAY:

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

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

erection beyond Contractual cutoff date stated as per stipulated delivery period

shall be subject to the penalty at the rate of ½ % of the contract value per week

plus GST of delayed work or part thereof, with a ceiling of 10 % of the total

contract value plus GST.

10.2 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 GETCO.

10.3 If the contractor fails to complete the job in stipulated time period/leaves the

site with incomplete work, GETCO will get the remaining work executed at the risk

& cost of contractor.

11.0 COMPLETION PERIOD

11.1 Overall period for this Contract will be 90 days from the date of commencement.

11.2 No mobilization period, idling or stoppage period will be allowed during this

period of the Contract.

11.3 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

GETCO/Engineer and is complete in all respects as per the terms and conditions of

this Contract.

12.0 Presentation of Bills for s/s work

12.1 Monthly RA bills for 90% value of the supplied tower material and work executed

including cost of material consumed is to be prepared in triplicate and submitted

to Site Engineers in-charge of the work, for necessary payment. These bills shall

be serially numbered with suffix SE-I.

12.2 Balance 10% payment shall be released only after finalization of material account

and passing of final bill. The contractor has to submit the final bill along with

the material consumption statement and other required data of the work carried

out within 3 months from the date of completion of work. These bills shall be

serially numbered with suffix SE-I.

12.3 All the bills in accordance with the above clauses must be submitted with the

following information:

a) Item wise work done during billing period.

b) Item wise cumulative work done.

c) Account for material consumed and balance stock.

12.4 For non-submission or part submission of above information, an additional 5%

amount of the respective RA bill shall be withheld and shall only be released at

the time of final bill.

12.A Presentation of Bills for line work

12.A.1 Bills for 90% value of the erection work carried out during each calendar

month as per above Clause shall be submitted in triplicate to Deputy Engineer

(Const), In charge of the works at the end of that particular month, who will

in turn process the same and forward to Executive Engineer (Const), In charge

of the works, for necessary payment. These bills shall be serially numbered

with Suffix-E-1.

12.A.2 Bills for 10% value of the erection work done as per above clause shall be

submitted to Deputy Engineer (Const), in charge of the works, who will in

turn process them and forward them to Executive Engineer (Const). I/C of the

work for necessary payment. These bills shall be serially numbered with

Suffix-E-2.

12.A.3 The Contractor has to submit the final bill along with all required data of

works carried out within 3 months from the date of commissioning of the line.

The concern Dy.Engr /Ex.Engr (Const) must record and process the final bill

along with complete material account. The material account shall include the

credit of dismantled materials.

12.A.4 All the bills (in accordance with above Clauses) must be submitted with

following informations:

a. Item wise work done during billing period i.e., respective month.

b. Item wise cumulative work done.

c. Account for tower materials & bolts-nuts, accessories consumed and balance

d. Account of line materials consumed, wastages and balance stock.

For non-submission OR part submission of above information an additional 5%

amount of the respective RA. Bill will be withheld and released only after

passing of final bill.

13.0 Terms of Payment

The payment for work done shall be made as under only after execution of the

contract documents/furnishing of Security Deposit and on execution of substation

erection work in scope of work order.

13.1 For erection works of s/s.

(i) 90% payment of amount claimed covering various activity such as structure,

equipment erection, earthing installation, control wiring, battery

charging etc. works against R.A. bills duly certified by EIC within

days from the date of R.A. bill.

(ii) Balance 10% of erection value shall be paid against completion of work

only after settlement of material account statement of items used, erected

and successful commissioning of transmission line the same amount will be

release in final bill only and payment will be made only after passing of

final bill.

13.A For erection works of line

13.A.1 Payment shall be made as under:

Up to 90% of the total value of the erection work done will be paid against

monthly running account bills to be submitted to the Engineer-in-Charge of

the Construction Division concerned.

Balance 10% payment due will be made at the end of 12 months from the date of

handing over of the line or 18 months after completion of the line to the

satisfaction of the Superintending Engineer (Trans), Bharuch at his absolute

discretion whichever is earlier only after passing of final bill.

13.A.2 The payment of above balance 10% amount due will be made only after a

material account statement of items received and used or returned to stores

is settled and passing of final bill. The contractor must settle final bill

within 3 Months from the completion date. Any discrepancy in the quantities

will have to be made good by the contractor or deduction of its cost as per

The GETCO's ledger value or market value whichever is higher, plus 15%

supervision charges will be made while settling the balance payment. This

value of materials shall be prevailing on the date of submission of the final

material account to the GETCO.

13.2 PAYMENT TERMS UNDER MSME ACT:

(1) You have to update your MSME detail on GETCO’s website by following link

https://getco.co.in/msme/ (and intimate to concern bill submitting office

with copy to this office).

(2) The payment will be made within 45 days from the *date of acceptance or the

**date of as deemed acceptance of goods or services i.e After submission of

all required documents as per at terms & time to time circular issued by

GETCO’s corporate office as well as statutory requirement to process the

*Date of acceptance means-

(a) The day of actual delivery of goods or the rendering services or

(b) Where any objection is made in writing by the buyer regarding acceptance of goods

Or services, the day on which such objection is removed by the supplier.

** Date of deemed acceptance” means-

where no objection is made in writing by the buyer regarding acceptance of goods

or services within fifteen days to the delivery of the goods or the rendering of

services, the day of the actual delivery of goods or the rendering or services.

14.0 TAKING DELIVERY AND INSURANCE:

14.1 The contractor has to take delivery from Transmission store of S/S equipment

and materials and keep in safe custody and transport to the respective sites and

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

during transportation or erection or taking over of the S/S by GETCO.

14.2 The Contractor has to open site store and ensure for safe custody of all the

stored materials at his own cost.

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

loose, semi assembled and/or erected by him at site in his custody. The

Contractor shall make suitable security arrangements at his own cost to ensure

the protection of all materials, equipment and works from theft, fire pilferage

and any other damages and loss. It shall be the responsibility of the contractor

to arrange for security till the works are finally taken over by the GETCO.

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

erection insurance cover at his cost to the extent of 100 % cost of S/S

materials, which are required to complete the work. Bidder shall have to take the

comprehensive Marine cum erection (MCE) insurance policy against any loss,

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

and commissioning up to the time of taking over of the work by GETCO. However, if

the work is not completed within the stipulated time limit as mentioned into work

order, the MCE shall be extended by the contractor up to the work completion and

taking over of the line or S/S by GETCO. Moreover, the charge for extension of

insurance shall be borne by contractor if the delay is attributed to the

contractor. The charge for extension of insurance shall be reimbursed by GETCO

to the contractor on production of proof for extension of MCE if the delay is

attributed on the part of GETCO

The Contractor shall deal directly and pursue the claim with the Insurance

Company and shall be responsible in regard to maintenance of all insurance

coverage as well as for settlement of claim. The proof of insurance policy taken

by the successful Contractor shall be furnished/submitted to Engineer-In-Charge

No material shall be issued to bidder/erection agency in absence of such

insurance policy. The risk shall be covered for lifting of materials from store

to final handing over to GETCO. Further, in absence of the above insurance

policy, R.A. Bill payment will be withheld.

The approximate amount of the material required whose insurance is to be taken to

complete the scope of work is Rs. 1272 LAKHS

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

responsible to lodge, pursue and settle all the claims with the Insurance Company

for all items, materials and the GETCO shall be kept informed about it.

Contractor shall replace the lost / damaged materials / items promptly

irrespective of the settlement of the claims by underwriter and ensure that the

work progress is as per agreed schedule. The loss, if any, such replacement will

have to be borne by the Contractor and GETCO will not entertain any claim /

representation in this regard. However, it will be contractor's responsibility to

insure the entire project till the S/S is taken over by the GETCO.

15.0 LABOUR LAWS:

15.0.1 Persons below the age of 18 years shall not be employed for the work. No female

worker shall be employed in the night shift between 07.00 p.m. and 06.00 a.m.

15.0.2 Contractor shall maintain a valid labour license under the contract Labour

(Regulation and abolition) Act for employing necessary manpower required by him.

In the absence of such license, the contract shall be liable to be terminated

without assigning any reason thereof.

15.0.3 The Contractor shall at his own expenses comply with all labour laws and keep the

GETCO indemnified in respect thereof. Some of the major liabilities under various

labour and industrial laws which the Contractor shall comply with, are as under:

i) Payment of contribution by way of Employer’s Contribution towards

provident Fund, Family Pension Scheme, Deposit Linked Insurance Scheme,

Administrative charges, etc. at the rates made applicable from time to

time by the Government of Gujarat / Government of India or other Statutory

Authority.

ii) Payment of deposit in respect of each contract labour at the rate of Rs.

30/- or later prevailing rate with the Office of Commissioner of Labour as

per the Contract Labour (Regulation and Abolition) Act.

iii) License fee as prescribed under the Contract Labour (Regulation and

Abolition) Act and Rules framed there under depending upon the number of

iv) Paid leave facility and wages as per the provision of the Factories Act at

the rate of one day for every 20 days of working.

v) Identity cards as prescribed under the Factories Act with photo affixed

thereto, for identification.

vi) Payment of retrenchment compensation, Notice Pay and other liabilities as

per Industrial Dispute Act. Any payment to the Contractor’s employee

arising out of any claim of disputes under the Industrial Disputes Act

1947 or any other Labour Laws.

vii) Payment of compensation in case of accidental injury.

viii) Provision of crèche if the female laborers employed are more than

ix) Maternity Leave as per the provisions of the Maternity Benefit Act.

The above are some of the major liabilities of the Contractor in addition to

other liabilities prescribed under the various labour laws, in force from time to

time, from Statutory Authorities like State Government/ Government o India, which

the Contractor shall have to comply with.

15.1 PROVIDENT FUND AND FAMILY PENSION SCHEME:

The Contractor shall submit along with his bills (month wise) a statement

regarding deduction against employees Provident Fund and Family Pension Scheme in

respect of each concerned employee. Provident Fund and Family pension Scheme at

the rate of 18% (or at the rate made applicable by the Government from time to

time of the wages. The Contractor’s contribution and his workers contribution

towards Provident Fund and Family Pension Scheme shall be deposited by the

Contractor with Regional Provident Fund Commissioner, Ahmedabad.

15.2 DEPOSIT LINKED INSURANCE SCHEME

The contractor shall have to deposit ½ % of the wages in respect of employees who

is a member of the Provident Fund, as the contribution to the Deposit Linked

Insurance Scheme with Regional Provident Fund Commissioner, Ahmedabad.

15.3 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.

15.4 PAID LEAVE FACILITY:

Paid Leave Facility at the rate of one day for every twenty days worked by the

Contract Labour, shall be provided by the Contractor to his workers. He shall

maintain Leave Records, Leave Cards, for individual labourer, which shall be duly

verified, approved and certified by the authorized Officer of the GETCO.

15.5 WORKMAN’S COMPENSATION FUND AND EMPLOYER’S LIABILITY INSURANCE:

The contractor shall cover all his employees under workmen’s compensation fund

and under the liability insurance. The purchaser shall not be responsible for any

payments of compensation to the workers/supervisor of the contractor for fatal or

non-fatal accidents during the pendency of the contract.

15.6 The contractor shall employ adequate number of experienced skilled at site for

daily supervision and for maintenance of various registers and records required

under the law and contract. No payment for supervision shall be admissible.

15.7 CONTRCTOR TO INDEMNIFY THE GETCO:

The Contractor shall Indemnify the GETCO and every member officer and employees

of the GETCO also, Engineer-in-Charge and his staff against all actions,

proceedings, claims, demands, costs and expenses whatsoever, arising out of or in

connection with the matters referred herein above elsewhere and against all

actions, proceedings, claims, demands, costs and expenses which may be made

against the GETCO or Government for or in respect of performance of his

obligation under the contract documents. The GETCO shall not be liable for

intervention of authority Government for or in respect of performance of his

obligation under the contract documents. The GETCO shall not be liable for or in

respect of or in consequence of any accident or injury to any workman or other

person in the employment of the Contractor or his Sub-Contractor and the

contractor shall indemnify and keep indemnified the GETCO against all claims,

demands, proceedings, cost, charges and expenses whatsoever in respect thereof or

in relation thereto.

15.8 WORKMEN’S COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE

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

require the Sub-Contractor to provide workmen’s employer’s liability insurance

for the latter’s employees, such employees shall be covered under the

Contractor’s Insurance.

15.9 WAGES TO BE PAID & TIME OF PAYMENT ETC. BY THE CONTRACTOR

a) The Contractor shall pay minimum wages per day to his Labours/ Workers as

per rates fixed under the minimum wages act. The wages of every Contract

Labour employed by him under this contract shall also be paid by him

before the expiry of 7th day of the last day of the month in respect of the

wages are payable (i.e. wages of a month have to be paid by him in the

first week of the 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

b) The Contractor shall give his Telephone Number and Address to the GETCO,

so that, in case of labour trouble etc. the Contractor can be contacted.

The Contractor shall arrange to have his office outside the factory work

premises and the Contractor shall arrange to have his office outside the

factory work premises and the Contractor shall keep himself present

throughout the working hours.

15.10 REGISTRATION WITH PROVIDENT FUND OFFICE

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

taken by contractor.

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 PPFC,

along with the tender.

15.11 Termination of Contract:

In case of contractor fails to deliver the stocks or any consignment thereof

within contractual period of delivery or in case the stores are found not in

accordance with prescribed specification and/or the approved sample, the

GETCO shall exercise its discretionary power either:

15.11.1 To recover, from the contractor as agreed, by way of penalty clause above, or

15.11.2 To purchase from elsewhere after giving due notice to the contractor on

account and at the risk of the contractor for such stores not so delivered or

other similar description without canceling the contract in respect of the

consignment not yet due for delivery or

15.12 To cancel the contract.

In the event of the risk purchase of stores of similar description, the

opinion of the GETCO shall be final. In the event of action taken under

clause (A) or (B) above, the contractor shall be liable to pay for any loss

which the GETCO may sustain on that account, but the contractor shall not be

entitled to have any saving on such purchases made against default.

The decision of the GETCO shall be final as regards to the acceptability of

stores supplied by the contractor and the GETCO shall not be required to give

any reason in writing or otherwise at any time for rejection of the stores.

15.12.1 MATCHING OF END COST:

In case the GETCO decides to award contract on matching end-cost basis, the

bidder has to reduce all the quoted rates proportionately. The reduction on

overall basis will not be accepted (i.e. all unit rates of erection schedule

shall be reduced proportionately by difference in percentage). The

confirmation for matching end cost shall be given within 7 (seven) days from

the letter from GETCO.

16.0 VENDOR REGISTRATION:

REGISTRATION AS A CONTRACTOR:

Registration with GETCO is pre requisite for participating in tender. It is

required to furnish documents of registration along with offer in Technical

bid and the details at appropriate place in confirmation of details of bidder

shall be given by the contractor

17.0 Placing Vendors/Contractors for Purchase/Works in a Stop deal/Banned for

business dealing/blacklisting:

1.1. Stop deal / banned for business dealing / blacklist means debarment of

parties from participating in the tendering process.

1.1.1. Firm will mean Bidder / Licensor / Tenderer / Consultant / Vendor /

Contractor.

1.1.2. Reasons for Putting a Firm on Stop deal / banned for business dealing /

blacklisting, is to protect the GUVNL and its subsidiary Companies from

dealing with undesirable firm.

1.2. The list of indicative reasons for placing the firm in a Stop deal /

banned for business dealing / blacklist are as Under.

A Firm will be placed in a Stop deal / banned for business dealing /

blacklist, if the Firm-

1.2.1. Has submitted fake, false or forged documents / certificates,

1.2.2. Has revised / withdrawn price bid after opening of Techno – commercial

until and unless it is sought for,

1.2.3. Has tampered with the stipulated tendering procedure.

1.2.4. Has refused to accept letter of Acceptance / purchase Order / Work Order

after the same is issued by the Company within the validity period and as

per agreed terms and conditions,

1.2.5. Has committed breach of contract or has failed to perform a contract or

abandoned the contract,

1.2.6. Has failed to provide suitable expertise for the work as per per-scheduled

1.2.7. Has failed to submit all the necessary tests reports / documents within

time schedule/ as per company’s time limit, as mentioned in the LOI, if

the letter of Acceptance (LOA) is placed subject to submission of type

reports / documents to the firm.

1.2.8. Has indulged in construction and erection of defective works.

1.2.9. Has supplied inferior quality / defective materials and refused to replace

with stipulated time frame, as specified by the company,

1.2.10. Has substituted materials in lieu of materials supplied by the company