Tender for Concertina Coil Fencing and associated work at GSEG Boundary wall At 148-A Village: Mora, Post Bhatha, Opp. L&T, Surat-Hazira Road, Surat-394517 Gujarat, India

Estimated Cost of the tender Rs. 34 Lakhs (including

Tender Fees Amount Rs.2,360 (including 18%

Earnest Money Deposit Amount Rs. 34,000/-

Online [e-tendering ] tender/offer submission 25th August,

last date up to 15:00 hrs only

Physical receipt of all the relevant documents 25th August,

last date up to 14:00 hrs

Date of opening of Envelope for Tender fee, 25th August,

EMD and technical BID physical as well as on

line opening at 16:00 Hrs.

Validity of rates 180 days from last date of

BID submission.

BIDDER need not to buy Tender from GSEG office. BIDDER can download

Tender Documents from the Web-Site and submit tender fee at the time of

submission of Physical Tender. BIDDERs should be in touch with website

https://gsegtender.nprocure.com for information regarding

revision/corrigendum/ amendment in tender till due date of on line

submission and thereafter. No separate correspondence/ advertisement will

be done in this regard.

Assistant General Manager (Commercial)

GSEG, Gandhinagar

Gujarat State Energy Generation Limited

GUJARAT STATE ENERGY

GENERATION LTD.

Concertina Coil Fencing and associated work at GSEG

148-A Village: Mora, Post Bhatha, Opp. L&T,

Surat-Hazira Road, Surat-394517

Corporate Office:

Gujarat State Energy Generation Ltd.

2nd Floor, Building no. A/78/3-8

Beside iGATE, GIDC Electronic Estate

Sector-25, Gandhinagar - 382

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Gujarat State Energy Generation Limited

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Gujarat State Energy Generation Limited

1. Introduction

GSEG (herein after referred to as Owner) is registered company under the

Company’s Act and is engaged in power generation by harnessing the eco-

friendly and economical natural gas in Gujarat. GSEG is inviting BIDs from

the qualified BIDDERs for Concertina Coil Fencing and associated work at

GSEG Boundary wall Concertina Coil Fencing and associated work

Concertina Coil Fencing and associated work at GSEG, Hazira, Surat.

2. Scope of Enquiry

BIDs are solicited for Rate Contract of Concertina Coil Fencing and

associated work at GSEG at GSEG, Hazira, Surat.

Time of Completion

All fencing Works shall be completed by the Contractor within

stipulated schedule of 120 days from the date of mobilization notice by

GSEG and Contractor shall accordingly plan his activities and co-

ordinate work of all other agencies. The time period shall exclude the

non-working periods during monsoon but includes festivals, and the

period of commencement.

3.1. This tender document and its contents are confidential. Accordingly,

this tender document and its contents, or any information, which shall

be made available in connection with any further queries, must be held

in complete confidence.

3.2. By accepting this tender document, the recipient acknowledges and

3.2.1. All of the information contained herein is of a highly confidential

nature and the recipient shall keep all such information and all other

information made available to the recipient in connection with any

3.2.2. None of such information shall be used by the recipient or any

employees or representatives of the recipient in any manner,

whatsoever, in whole or in part, other than in connection with its

submission of BID.

3.2.3. The recipient shall not reproduce this tender document or disclose any

particulars of this tender document in any trade or technical paper or

elsewhere, in whole or in part, and will not distribute all or any portion

of this tender document to any person other than the recipient’s

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employees or representatives who have a need to know such

information for the purpose set above and who are informed by the

recipient of the confidential nature of such information.

3.2.4. Any proposed action by the recipient which shall be inconsistent in any

manner with the foregoing agreement shall require the prior written

consent of the Owner.

3.2.5. The recipient shall indemnify the Owner in case of breach of the above.

If the confidential details relating to this Contract or its contents are

received by a third party from the recipient or its employees or its

representatives and the third party makes use of these details to cause

harm or monetary loss to the Owner or use this tender document for

their personal gain / monetary gain, the recipient shall compensate the

Owner for the loss suffered as well as for the value of gain derived by

the third party. The recipient shall not use the confidential details of

the tender document for any other purpose except for the strict purpose

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1. About BID DOCUMENT

1.1. Definitions

“GSEG” shall mean M/s. Gujarat State Energy Generation Ltd, having its

office at. 2nd Floor, Building no. A/78/3-8, Besides iGATE, GIDC Electronic

Estate, Sector-25, Gandhinagar - 382 016 and shall include all their legal

representatives and assignees.

“BID DOCUMENT” includes the complete set of documents attached hereto

including all Annexure(s), forms, and BID Amendments, if any.

“BIDDER” shall mean an individual or firm or their legal representative who

has received the BID DOCUMENT and is submitting the BID as per the terms

& conditions herein.

“Contractor” shall mean the successful selected Bidder / person or persons,

firm or company or corporation, whose BID has been accepted by the Owner

and includes the Contractor’s legal representative, his successors and

permitted assignees.

1.2. Contents of BID DOCUMENT

The BID Invitation Document has been prepared for the purpose of inviting

BIDs for Concertina Coil Fencing and associated work Concertina Coil

Fencing and associated work at GSEG, Hazira, Surat.

The BID DOCUMENT comprises of:

Section 1: Preamble

Section 2: Instruction to BIDDER

Section 3: BIDDER Qualification

Section 4: General Terms and Conditions

Section 5: Scope of Work

Annexure 1: Letter of Undertaking

Annexure 2: Information and Documentary Evidence of the BIDDER’s

Annexure 3: CA Certificate for Turn Over and Profit

Annexure 4: Details of the Assignments in Previous Years

Annexure 5: Confirmation of Submission of Price BID/ Proposal

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Annexure 6: Price Bid Format

Appendix 1: Format for Advance/ Performance Bank Guarantee

1.3. Intent of Inquiry

1.3.1. The inquiry is invited from reputed BIDDERs for Concertina Coil

Fencing and associated work Concertina Coil Fencing and associated

work at GSEG, Hazira, Surat

1.3.2. The inquiry specification comprises of Introduction and Scope of

Inquiry, Instruction to BIDDER, Conditions of Contract, Project

Information, Technical information, Annexure(s) & Schedules.

1.3.3. The inquiry specification explains in detail the scope of the Contractor.

The statements and explanations contained in this regard shall be

intended to provide a proper understanding to BIDDER but shall not

be construed as limiting Contractor’s responsibilities and / or Owner’s

right to amend / change the scope or the terms. It shall be clearly

understood that the intent of the Owner shall be that the BIDDER shall

execute this Contract as specified and as required subject to the points

explicitly identified and consequently, any omissions, conflicts or

contradictions in these specifications shall be noted, interpreted and

applied appropriately to give effect to this intent. Claims or disputes on

account of wrong interpretation or willful misinterpretation of this

intent by BIDDER after award of Contract shall not be entertained by

Owner nor shall they be legally binding on Owner.

2. Plant Location

2.1. The work/ services are to be executed/ provided at GSEG’s Combined

Cycle Power Plant at 148-A Village: Mora, Post Bhatha, Opp. L&T,

Surat-Hazira Road, Surat-394510, Gujarat, India.

3. Instruction to BIDDER

3.1. The BIDDER shall bear all costs associated with the preparation and

submission of the BID and GSEG will, in no case be responsible or liable

for these costs regardless the conduct or outcome of the process. The

BIDDER is expected to examine all instructions, forms, terms &

conditions in the BID DOCUMENT.

3.2. GSEG reserves the right to cancel any or all the BIDs as per its discretion

without assigning and giving any reason thereof. GSEG also reserves

right to rescind the process of this BID at any time before placement of

the order for the said scope of work herein.

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3.3. The BIDDER shall prepare the BID based on the information furnished

and terms & conditions provided in the BID DOCUMENT. The

BIDDER shall undertake and shall be deemed to have undertaken a

thorough study of the proposed work, the job site(s) involved, the site

conditions, the labour, power, water, material and equipment

availability, transport and communication facilities and temporary

offices and accommodation quarters and all other factors, constraints and

facilities necessary for the formulation of the BID, supply of materials

and the performance of the work(s) as envisaged in this document. The

BID shall also contain all the information asked in the BID

DOCUMENT with supportive data wherever necessary.

3.4. BIDDER shall visit, inspect and examine the site(s) and its surroundings

and shall satisfy himself before submitting his BID as to the nature of

the ground present, physical conditions and all roads, approaches and

lands which may be used temporarily otherwise in connection with the

works, means of access to the site accommodation he may require and

in general shall himself obtain all necessary information as to risks,

contingencies and other circumstances which may influence or affect his

3.5. Failure to furnish all information required by the BID DOCUMENT(s)

or submission of a BID not substantially responsive to the BID

DOCUMENT(s) will be at the BIDDER’s risk and may result in the

rejection of the BID.

3.6. The BID submitted is to be signed by a person who is a duly authorized

by the company. A proof in this regard to be submitted in the Technical

3.7. This BID DOCUMENT is non-transferable. Each BIDDER shall submit

only one BID by himself. Joint Venture or Consortium BID is not

3.8. At any time prior to the deadline for submission of BID, for any reason,

whether at its sole initiative or any response to a clarification requested

by a BIDDER, GSEG may modify the BID DOCUMENT(s) by

amendment(s) thereto. The BIDDERs are advised to check (n)procure

Portal for the same.

3.9. The BID prepared by the BIDDER and all correspondence and

documents relating to the BID exchanged between the BIDDER and the

GSEG shall be written in English language only.

3.10. Bidder may visit at site to physical assessment of the work, if required

at its own cost and same shall not be reimbursed by the GSEG.

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4. Tender Fee & Earnest Money Deposit (EMD)

4.1. The BIDDER shall deposit nonrefundable Tender Fee of Rs.2,360/-

(including GST @18%) in the form of an Account Payee Demand Draft

from a scheduled bank payable at Gandhinagar/ Ahmedabad at the time

of submission of the physical Technical BID.

4.2. The BIDDER shall deposit Earnest Money Deposit (EMD) for an

amount of Rs. 34,000/- in the form of an Account Payee DD or deposit

online. Following are the bank details for submission of EMD:

Name of Beneficiary: GUJARAT STATE ENERGY GENERATION

Name of the Bank: BANK OF BARODA

Name of the Branch: MID CORP BRANCH, AHMEDABAD

Types of Account: CC ACCOUNT

IFSC Code: BARB0MIDAHD

4.3. On online submission of tender fees/ EMD, you are kindly requested to

share the GST details of your company on the same day of amount

transfer to [email protected] with a copy to:

[email protected]

4.4. Any BID not accompanied by BID Security/ EMD shall be rejected.

Please furnish details of EMD paid in the Technical Bid.

4.5. Bidder, registered with NSIC/MSME is not exempted from payment of

Tender fee and EMD.

4.6. EMD securities of the unsuccessful BIDDERs will be returned after

expiry of the final BID validity and after award of contract to the

successful Bidder. In case of non-receipt of the such amount, kindly

send the request to: [email protected] with a copy to:

[email protected]

4.7. EMD of the successful BIDDER shall be released after reviewing the

performance of works on request by the contractor on completion of

term of contract.

4.8. EMD shall be forfeited if the BIDDER withdraws his BID during the

period of BID validity. EMD shall be forfeited, if the successful

BIDDER doesn’t respond/ refuses or neglects to execute the contract on

issuance of LOI/ Work Order.

5. BID Clarification/ Amendment

5.1. The prospective BIDDER requiring any clarification shall write to

GSEG on or before the last date of BID Clarification so as to ensure

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submission of BID on or before the Last Date of Submission of BID

and the GSEG will notify on https://gsegtender.nprocure.com website.

The BIDDERs are advised to check website for the same.

5.2. At any time prior to the Last Date of Submission of BID, GSEG, for

any reason, whether at his sole initiative or any response to a

clarification requested by a prospective BIDDER, may modify the BID

DOCUMENT(s) by amendment(s) thereto. The amendment(s) will be

notified on https://gsegtender.nprocure.com website. The BIDDERs are

advised to check website for the same.

6. BID Validity

The BID shall be kept valid for at least 180 days from the Last Date of

BID Submission. A BID with validity for a shorter period than the above

may be rejected by GSEG. If required, GSEG may solicit the BIDDER’s

consent to an extension of the period of BID validity.

No deviations to be taken by the BIDDER to the BID Document(s). BIDs

with any deviation are liable for summarily rejection.

8.1. The price quoted by the BIDDER shall be all inclusive considering the

total scope of work as envisaged in the BID DOCUMENT.

8.2. The price should be quoted in Indian Rupees only, considering relevant

minimum wages act/ rules and all the prevailing applicable statutory

compliances. Price should be quoted online only.

9. Submission of BID

9.1. All the relevant documents as per requirement of the Bid document

must be submitted physically along with the Tender Fee & EMD in

sealed cover so that the same is received in this office on OR before the

due date and time.

9.2. BIDDERs are requested to submit price – BID on-line only and not to

submit the price BID in physical form. BIDDER to confirm submission

of online Price BID in Annexure 5. This is mandatory. Only on-line

submitted price BID will be considered for evaluation. Format for

online price bid is at Annexure

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9.3. It is mandatory for all the BIDDERs to submit their Technical BID

documents by both forms viz. on – line (e-tendering) and physically in

schedule time. If BID documents submitted in only any one form, say

either by on line or physically, in that case the same BID will not be

9.4. The Technical BID along with Tender Fee and EMD, prepared by the

BIDDER shall be in One Original and two copies in separate envelopes.

The envelope should be marked as “Original”, “Copy 1” & “Copy 2”

9.5. The Technical BID must contain following details / Documents. All the

documents must be stamped and self-certified.

9.5.1. Tender Document with clarification/ amendments duly stamped and

9.5.2. Proof of Tender Fee in form of Account Payee DD. EMD payment,

either in form of Account Payee DD or original Bank Guarantee, in

Favour of GSEG, in separate envelope super scribing “Tender Fee

9.5.3. Annexure 1 – Letter of Confirmation with respect to understanding of

the complete scope of services as envisaged, No Deviation in the BID

9.5.4. Copy of power of Attorney / Authority to sign the BID Documents.

9.5.5. Annexure 2 – Details of the Company

9.5.6. The List of jobs carried out by the BIDDER for allied experience in

previous years and its Documentary evidences to substantiate the same.

9.5.7. Annexure 4 – Certificate from Practicing Chartered Accountant for the

year wise turnover.

9.5.8. Confirmation by BIDDER for Online submission of Financial Proposal

9.6. If required, the GSEG may ask for the additional information as well as

may invite the BIDDER for discussion on its BID

9.7. The Envelopes containing information as per above instructions, must

be sealed individually with super scribed as follows:

Envelop 1 containing Tender Fee and EMD: “Tender Fee and EMD”

Envelope 2 containing Original of Technical BID: “Original:

Envelope 3 containing Copy 1 of Technical BID: “Copy 1: Technical

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Envelope 4 containing Copy 2 of Technical BID: “Copy 2: Technical

9.8. All the above mentioned four envelopes are to be placed in another

bigger envelope which is to be super scribed as “BID for Concertina

Coil Fencing and associated work at GSEG”.

10. BID Closing Dates

10.1. The prospective BIDDER requiring any clarification shall write/ mail

to GSEG on or before the last date of BID Clarification i.e. 20th August,

2026 so as to ensure submission of BID on or before the Last Date of

Submission of BID. No queries shall be entertained thereafter.

10.2. The prospective BIDDER may send their queries seeking clarification

to: [email protected] with a copy to:

[email protected]

10.3. GSEG will notify for clarification/ amendments on

https://gsegtender.nprocure.com. The BIDDERs are advised to check

website for the same.

10.4. Last date for submission of the Technical BIDs: by 15.00 hrs. of 25th

10.5. Date and time of Technical BID Opening: 16.00 hrs of 25th August

10.6. Any BID received by GSEG after the deadline for submission of BID

prescribed by GSEG may be rejected. GSEG will not be responsible if

BID is not delivered in time by the Post or Courier or any other reason

what so ever. The responsibility of ensuring on-time submission of their

offers lies entirely with the BIDDERs.

10.7. If there is any change in the dates, it will be notified on

https://gsegtender.nprocure.com website accordingly. The Bidders are

advised to check website for the same.

10.8. The Technical BID may be submitted to the Asst. General Manager

(Commercial) at following address:

Shri Ketan Parekh

Assistant General Manager (Commercial)

Gujarat State Energy Generation Ltd.

2nd Floor, Building no. A/78/3-8

Beside iGATE, GIDC Electronic Estate

Sector-25, Gandhinagar - 382

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11. BID Opening and Evaluation

11.1. The authorized representatives of the GSEG will first open envelope

containing Tender Fee and EMD.

11.2. Then the authorized representatives of the GSEG will open envelope

containing Technical BID of those BIDDERs who have submitted

Tender Fee and EMD.

11.3. The BID of any BIDDER who has not complied with the conditions

prescribed herein or conditional BID is liable for rejection.

11.4. Price BID of only the technically qualified BIDDERs shall be

considered for opening and evaluation.

12. Right to Accept Any BID and to Reject Any or All BID

12.1. The right to accept in full or in part/parts the BID will rest with GSEG.

However, GSEG does not bind itself to accept the lowest BID and

reserves the right to reject any or all the BIDs or any part of a BID so

received and no compensation shall be paid for the efforts made by the

12.2. The right to abandon bidding process without assigning any reason will

rest with GSEG. No compensation shall be paid for the efforts made by

12.3. GSEG may reject to BID of the BIDDERs, if it is found that the

BIDDER/ Contractor is black listed on previous occasions by the any

of the Departments/Institutions/Local Bodies/Municipalities/Public

Sector Undertakings, etc.

12.4. Bidder should not have filed Bankruptcy in last 3 years and no

insolvency case should be pending anywhere in India.

13. Evaluation of BID

The BID shall be evaluated in two stages:

13.1. Stage-I: Review of Tender Fees and EMD (BID Security)

13.1.1. On the date of BID opening as shown on above of this BID, envelope

containing Tender fees and EMD will be opened.

13.1.2. Those who have submitted Tender fees and EMD, their Technical

BID shall be opened.

13.1.3. Technical BIDs which are found deficient on general scrutiny will be

treated as non-responsive and may be rejected.

13.2. Stage-Il: Opening of Price BID

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13.2.1. e-Price BIDs of Technically Qualified BIDDERs shall be opened.

13.2.2. The Price BIDs will be scrutinized for compliance with BID.

13.3. Evaluation methodology

13.3.1. The BIDDER is to submit online, rates for said scope of work/

services, in Indian Rupees only, and confirm in the format as

mentioned in BID document at Annexure 5. Price BID shall be online

only. Based on which the BID will be evaluated.

13.3.2. The BID with lowest quoted online rate shall be considered as L-1.

The BID second to lowest quote shall be considered as L-2 and so on.

13.3.3. In case of tie for L-1 position for qualified bids (technical as well as

financial), Bidder with higher Average Turnover of last three years

shall be considered as L-1.

14. Award of Contract

14.1. GSEG will award the contract to the successful evaluated BIDDER

whose BID has been found to be responsive and who is eligible and

qualified to perform the contract satisfactorily as per the terms and

conditions incorporated in the BID DOCUMENT.

14.2. GSEG will communicate the successful BIDDER by a Work Order.

14.3. Failure of the successful BIDDER to comply with the requirements of

above clauses shall constitute sufficient grounds or the annulment of the

award and forfeiture of EMD.

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1. Bidders Qualifying Criteria

1.1. Bidder has paid Tender Fee of Rs. 2,360/- (including GST) in form of

demand draft in favour of “Gujarat State Energy Generation

Limited, Gandhinagar (Gujarat).” Or Online.

Details of Beneficiary:

Name of Beneficiary: GUJARAT STATE ENERGY GENERATION

Name of the Bank: BANK OF BARODA

Name of the Branch: MID CORP BRANCH, AHMEDABAD

Types of Account: CC ACCOUNT

IFSC Code: BARB0MIDAHD

1.2. Bidder has paid EMD of Rs. 34,000/- in form of demand draft in favour

of “Gujarat State Energy Generation Limited, Gandhinagar

(Gujarat).” Or Online.

Details of Beneficiary:

Name of Beneficiary: GUJARAT STATE ENERGY GENERATION

Name of the Bank: BANK OF BARODA

Name of the Branch: MID CORP BRANCH, AHMEDABAD

Types of Account: CC ACCOUNT

IFSC Code: BARB0MIDAHD

1.3. The bidder must have successfully completed civil work related to

concertina coil fencing OR chain link fencing OR barbed wire fencing

OR any other type of civil and structural work including ARC/AMC of

civil and structural works in last Seven years as follows:

 One identical job of amount Rs. 27.2 Lakhs

 Two identical jobs of amount Rs. 17 Lakhs

 Three identical jobs of amount Rs. 13.6 Lakhs

Bidder to provide supporting documents in form of notarized copies of

 Unedited notarised copies of the work order AND

 Certified bills showing quantity of item executed or notarised

copy of Certificate from the owner clearly specifying the

executed quantities AND

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 Completion certificate by owner along with technical bid as

required by GSEG.

1.4. The annual turnover of the bidder shall be a minimum of Rupees

lakhs in each year for last 3 years ending 31st March of the previous

financial year. Bidder have to provide a Certificate of a practicing

Chartered Accountant in this regard with UDIN as per the format at

1.5. Bidders shall have to provide the notarised copy of all the supporting

documents as required for qualification in the tender document.

1.6. Bidder must have PAN card. Copy of PAN card to be attached.

1.7. Bidder must have Registration Certificate of the Company

1.8. Bidder must have GST Registration.

1.9. Bidder must not be Black listed/ Stop Deal / Holiday list by any

Government Department/Autonomous bodies / PSU etc. An

undertaking that the Bidder has not been blacklisted by any Government

Department/Autonomous bodies / PSU etc. is required to be submitted

by the Bidder. (Annexure – 1)

1.10. An Undertaking that the Bidder or its working employees are not

convicted by any court. (Annexure – 1)

1.11. Bidder should have above stated requirements and the GSEG reserves

the right to request for any additional information and reserves the right

to reject the proposal of any Bidder, if in the opinion of the

GSEG, the qualification data is incomplete or the Bidder is found not

qualified to satisfactorily perform the works. Bidders have to submit the

supporting Documents /proofs etc., duly stamped and self-certified, for

all above qualifying criteria.

1.12. Bidder should not have filed Bankruptcy in last 3 years and no

insolvency case should be pending anywhere in India. (Annexure – 1)

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Bid Submission forms & check List

(Annexure 1 to Annexure 5)

Following checklist is intended to ensure that all information necessary to

evaluate your proposal has been included. Please indicate Yes / No or

Acceptable / Not Acceptable, whichever is not applicable.

Sr. Name of the Document Submitted Comments,

No. Yes/No If any

1 All the documents (including tender document

along with clarification/ amendments) must be

stamped and self certified, in Original and two

2 Proof of Tender Fee and EMD payment,

Demand Draft or Online.

3 Letter of Confirmation with respect to

understanding of the complete scope of services

as envisaged, No Deviation in the Bid

Document (Annexure – 1)

4 Copy of power of Attorney / Authority to sign

the Bid Documents.

5 Details of the Company (Annexure – 2 )

6 Certificate from Practicing Chartered

Accountant for the year wise turnover of last

three years with UDIN (Annexure-3)

7 The List of jobs carried out by the Bidder in

previous years and its Documentary evidences

(notorised) to substantiate the same. (Annexure

8 Confirmation of submission of online Price Bid

as per Annexure 5 &

9 Copy of PAN Card

10 Copy of GST No.

11 Check whether Online Price submitted or not?

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(To be submitted on the Bidder‘s Organization Letterhead)

(Copy of the Power of Authority to sign to be submitted along with this

Assistant General Manager (Commercial)

Gujarat State Energy Generation Limited

A/78/3-8, GIDC Electronic Estate,

Near Patni Computers (iGATE), Sector

Gandhinagar 382016, Gujarat, India

Subject: Technical Proposal – Submission / Confirmation on Concertina

Coil Fencing and associated work at GSEG, Hazira, Surat.

authorized person of _________________________, a __________

company, herewith enclose Technical Proposal for selection of my / our

firm / organization for Concertina Coil Fencing and associated at GSEG,

herewith confirm that we have understood the complete Scope &

specification of work as envisaged in the Bid Document. It is also confirm

that we have visited the site and are well acquainted with scope of supply

and services along with site and surrounding condition. For whatsoever

reasons, we shall not raise any further issues for the same in future.

It is also confirmed hereby that no deviation in accordance with the Bid

Document is taken and we shall comply the Bid Document in totality.

The Bid is valid up to 180 days from the last date of Bid submission.

I/we also confirm that my/our agency has not been blacklisted by any

Government Department or PSU of GOI/GOG as on the date of submission

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I/we also confirm that my/our agency has not been put on Holiday list/Stop

deal by any Autonomous bodies /Government Department or PSU of

GOI/GOG as on the date of submission of the Bid.

I/we also confirm that Bankruptcy has not been filed within last 3years and

no insolvency case is pending anywhere in India.

I/We also confirm that my/our company/organisation or its working

employees are not convicted by any court or any other legal authority.

I/We here by agree to abide by and fulfil all the terms and provisions of the

Bid document and contract for work/supply as applicable and in case of

default thereof to forfeit and pay to the Company the sums of money due.

I/We hereby confirm that Price is submitted online on (n)Procure website.

Yours faithfully,

Name of the Bidder ____________________________

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Information and Documentary Evidence of Bidder’s Qualification

1. General Information of the Bidder

1.1 Bidder’s Legal Name

1.2 Bidder’s Legal address in Country of

1.3 Address of Bidders’ Regional Office/

Head Office/ Controlling office in

1.4 Bidder’s Legal status

(Proprietorship / Partnership /

Limited or Incorporated / Limited

Liability Concern / Others)

1.5 Bidder’s Business Status

1.6 Bidder’s Authorized Representative

Telephone / Fax Numbers

1.7 To mention registration no. and

attach copy of following Documents:

i. The notarized Power of

Attorney, authorizing a person

to sign the Proposal on behalf of

2. Bid Validity (Not less than 180 days from the date of Bid Closing)

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3. Bank Details Information of the Bidder (Copy of Cancelled Cheque to be

3.1 Bidder’s Account in the Bank

3.2 Bidder’s Account Type

3.3 Bidder’s Bank Account Number

3.4 Bidder’s Name & address of Bank

3.5 Bidder’s Bank Branch MICR code

3.6 Bidder’s Bank Branch IFSC code

Name of the Bidder _____________________________

Note : Attach all the documents as mentioned above.

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[On Chartered Accountant’s letter head]

This is to certify that M/s. [Name of the Bidder________________________]

having its office at [Address of the

No……. (Insert PAN no. of the Bidder) is in the business of …….. (Insert

briefly the nature of the business), has recorded the following Turnover and

Profit in last three financial years are as follows:

Year Turnover Rs. Profit Rs. Audited Statement

2023-24 Yes/ No

2024-25 Yes/ No

2025-26 Yes/ No

All figures indicated herein are arrived from the Audit Reports of the Bidders

duly submitted to the Income Tax Department.

[FOR MSME Bidders ONLY] This is to certify that based on financials

M/s. [Name of the Bidder________________________] is valid for

MSME under the Service Category [Service Category].

Round stamp of CA [Name and Registration No. of

Chartered Accountant]

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Assignments Undertaken /ongoing During Previous Years

1. Details of Company(ies) / organization for experience of work (Including all ongoing Contracts)

Name of the Address Date of Date of Name of the Amount of Phone No. Remarks

Sr. Company/ and Commencement Completion Contact person Work and e-mail

No. Organization Location of the Services of the of the order/ id of the

where Services company/ Contract Contact

services are organization to Value person.

provided. whom services (Rs.)

Location were provided

(Please. attach copy of each contract / agreement. Letter issued by respective organization for work completion may also

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Confirmation by Bidder for submission of Financial Proposal online

Assistant General Manager (Commercial)

Gujarat State Energy Generation Limited

A/78/3-8, GIDC Electronic Estate,

Near Patni Computers (iGATE), Sector

Gandhinagar 382016, Gujarat, India

Subject: Online Submission of Financial / Price Proposal for Concertina Coil

Fencing and associated work rk at GSEG, Hazira, Surat

authorized person(s) of _________________________, a company, herewith confirm

that we have submitted Financial/Price Proposal, for Concertina Coil Fencing and

associated work at GSEG, Hazira, Surat, online on (n)Procure website.

Yours faithfully

Signature ____________________

Designation ____________________

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Format for submission of Financial Proposal, online

Description Unit Quantity Total

Providing and applying 20mm thk. Sand face

plaster on Y angle post approximate (600

mm x400mm) on boundary walls or any type

of concrete surface in two coats, first coat in

12mm thk. in cm(1:4) and second coat 8mm

thk. in (1:2) at all elevations using approved

quality of coarse screened sand for both the To be

1 SQM 200 Submitted calculated

coats including providing grooves adjoining

the concrete members, racking of masonary

joints, hacking of concrete surface, mixing,

applying, finishing with sponge, curing with

all labours, materials, Scaffolding,

equipment potation platform, tools & tackles

etc complete as per specification.

Providing and painting two coats of epoxy

paint and one finishing coat of polyurethane

of min. DFT of 25 microns to the existing

steel structure including primer paint,

preparation of surface by buffing thoroughly

cleaning of oil, dirt, dust, rust and scale,

exacting paint by wire brushing, power tool To be To be

2 cleaning, applying two coats of epoxy paint SQM 400 Submitted calculated

each coats of 75 micron thickness, including online online

surface preparation by buffing, scaffolding,

arrangement of platform for working at

height etc. as directed by Engineer-in-charge

with all labour, tools and tackles, safety tools

and tackles etc…. complete at all elevations

Supplying, Providing and installing Hot dip

G.I. punched Tape concertina coil( 600 mm

diameter and 12gauge) anti-climbing device

3 RM 2450 Submitted calculated

with barbed wire 12 gauge (4 rows) along

boundary line of height 3000 mm above

ground level of 600 mm height, such that

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total fence height of 3.60 m above ground

level is achieved, including supply of all

connectors for fixing the fencing on to

existing Y angle iron posts (ISA -50 x 50 x

mm) spaced at 3m intervals, including Y-

angle supports with 100 mm base plates fixed

on the boundary wall. Complete with anchor

fasteners, nuts, bolts, welding etc. The Rate

shall be inclusive of fabrication, Galvanizing

& fixing of steel posts and grouting of base

plate with GP-2 wherever required. The

scope of work includes removal of old

concerting coil/barbed wire fencing, Y

Angles (If required) and disposal of old

concerting coil/barbed wire fencing at

furthest point of GSEG plant premise. No

separate payment shall be paid for the

scaffolding. The height of Concertina coil is

600 mm above the top of the boundary wall.

Barbed Wire shall have a minimum zinc

coating of 275 GSM. The Hot-Dip G.I.

Concertina Coil shall be Hot-Dip Galvanized

steel having a minimum zinc coating of

GSM. Spring Core shall be 2.5 mm thick.

The concertina coil of 600 mm dia having

nos rounds per 6 meter length up on Y angle.

Providing, Detailing, fabricating,

transporting to site and erecting in position

structural steel works such as ( Y Angle

x 50 x 6mm) , base plate and other associated

MS structures etc fabricated from rolled

steel sections conforming to IS:

including preparation of surfaces by copper

slag blasting ( The surface shall be cleaned to

grade ST -2 as per SIS 05 -5900 or as per IS To be To be

4 MT 1.2 Submitted calculated

:1477 (Part - 1) ) , including Providing and

application two coats of epoxy paint and one

finishing coat of polyurethane of min. DFT

of 25 microns to the existing steel structure

including primer paint, preparation of

surface by thoroughly cleaning of oil, dirt,

dust, rust and scale, exacting paint by wire

brushing, power tool cleaning, applying two

coats of epoxy paint each coats of 75 micron

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thickness (Total DFT 175 microns),

including scaffolding, arrangement of

platform for working at height etc. as

directed by Engineer-in-charge with all

labour, tools and tackles, safety tools and

tackles etc…. complete at all elevations to

achieve an even shade with all materials,

labour, equipment, handling, including

Protection and cleaning, scaffolding etc.

complete as per specification, and

instructions of the Engineer. (Note:

Intermediate, top and finishing coat paints

shall be from same manufacturer and the

paints shall have compatibility with one

another), provision of erection bolts,

permanent bolts, nuts and washers, welding

cleats, stiffeners, gussets, base plates and all

other fixtures and splices etc. complete with

all labour, material, scaffolding, electrodes

and other consumables, equipment, testing

etc. and as per instructions of the Engineer.

The scope also includes dismantling of

existing structural steel, cost of

transportation for disposal of steel from

GSEG site to furthest point of GSEG plant

premises as directed by GSEG. No extra cost

shall be paid on account of dismantling of

structural steel and transportation of steel. No

separate payment shall be paid for the

Sub Total To be calculated online

GST (18%) To be calculated online

Total amount including GST To be calculated online

Total amount including GST To be calculated online

PRICE BID Notes:

1. The Price quoted above shall be in Indian Rupees and must be inclusive of all

applicable taxes and duties, insurance, freight and all other charges. Only Rate

of GST shall be mentioned separately in percentage (%) only.

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2. Price quoted shall be remain fixed for entire scope of work

3. There shall not be any increase in price due to change in any applicable taxes

4. GSEG shall deduct all necessary taxes from source before making the payment

and no further payment / compensation shall be made for such deductions.

5. For applicability of GST shall be based on HSN/SAC Code.

6. Bidder to quote rate/price for each item. In case Bidder is not quoting Rate/Price

for any items, it is liable for rejection.

7. No Overtime shall be paid.

8. No conditions should be attached to the price proposal.

9. The prices indicates by bidder is for complete scope including all expenses

incidental to performance of work as per agreed scope. Price shall remain firm

and fixed throughout the contracting period and shall not be subject to

escalation for any reason whatsoever.

10.The actual quantity mentioned is variable and not firm. It may vary subject to

the requirement. The required quantity of the items/services to be

supplied/provide may increase or decrease.

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GENERAL TERMS AND

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1.1. As used in this Order, the following terms when capitalized and used shall have

the following meanings:

"Order" means this order along with appendices, as the same may be amended,

supplemented or modified from time to time.

"Contract Schedule" means the schedule set forth in Section - 5 hereto, as such

schedule may be adjusted from time to time in accordance with this Order.

"Supplier/ Contractor": means ________________________________, a

company registered and existing under the laws of ________and having its

and its successors and permitted assigns.

"Contractor's Equipment" means all materials, equipment, appliances and items

of whatsoever nature required by Contractor and brought to the site by

Contractor or any of its subcontractors for the obligation of supplies, Services,

works, etc. but not including materials, equipment, appliances or items intended

to form or forming part supply, service or works.

"Owner" means, GUJARAT STATE ENERGY GENERATION LIMITED

(GSEG) a company registered and existing under, the laws of India and having

its registered office at, 2nd floor, FF Shed Nos. A/78/3-8, Beside Patni

Computers (IGATE), GIDC Electronic Estate, Sector 25, Gandhinagar

and its successors and assigns.

“Engineer” means Site Head of GSEG or any other person designated by the

Owner from time to time.

"Party" : For the purpose of these purchase order Terms & Conditions, GSEG

(“ Owner” ) and the party specified in order who shall supply product(s) and

service (s) in accordance with the purchase order ( “Supplier/ Contractor” ) may

be collectively referred to as the “Parties” and individually as the “Party”, as the

1.2. Rules of Usage

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In the interpretation of this Order, unless the context otherwise requires:

1.2.1. the singular includes the plural and vice versa, and in particular (but without

limiting the generality of the foregoing) any word or expression defined in the

singular has the corresponding meaning used in the plural and vice versa;

1.2.2. a reference to any gender includes the other genders;

1.2.3. a reference to statutes shall be construed as including all statutory provisions

consolidating, amending, modifying, supplementing or replacing the statute

1.2.4. any reference to a person or entity shall include such person's and such entity's

successors and assigns, and shall include all natural persons, corporations,

companies, limited liability companies, partnerships and other legal entities.

1.3. Order of Priority

In the event of any conflict, variation or inconsistency between the provision of

this Order, as it may be amended modified or supplemented from time to time

and any other provisions of this Order, the most stringent provision in favor of

the Owner shall be applicable.

2. Contractor’s Scope of Work and obligations

2.1. Services to be performed

Contractor shall perform all supply/ services/ works as specified in Section -

2.2. The Contractor shall carry out and complete the supply/services/works in every

respect in accordance with this Order and in accordance with the directions and

to the satisfaction of the Owner. The Owner may in his absolute discretion from

time to time issue further drawings and/or written instructions, details, directions

and explanations which are hereafter collectively referred to as "Owner’s

Instructions" in regard to:

2.2.1. The variation or modification of the design, quality or quantity of works or the

omission or substitution of any work.

2.2.2. The removal from the site of any materials brought thereon by the Contractor

and the substitution of any other materials thereof.

2.2.3. The removal and/or re-execution of any works executed by the Contractor.

2.2.4. The dismissal from the works of any persons employed thereupon.

2.2.5. The amending and making good of any defects.

2.2.6. The opening up for inspection of any work covered up.

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2.2.7. Rectification of Punch Points given by Engineer

2.3. Contractor to provide everything necessary

2.3.1. The Contractor shall provide everything necessary for the proper execution of

the works according to the intent and meaning of the drawings, schedule of

quantities and specifications taken together whether the same may or may not

be particularly shown or described therein provided that the same can

reasonably be inferred there from and if the Contractor finds any discrepancy

therein shall immediately and in writing refer the same to the Engineer whose

decision shall be final and binding on the parties.

2.3.2. The Contractor shall supply, fix and maintain at his cost, during the execution

of any works all the necessary shoring, pumping, fencing, hoarding, watching

and lighting at night as well as during the day, required not only for the proper

execution and protection of the said works, but also for the protection of the

public and the safety of any adjacent roads, streets, cellars, vaults, walls,

houses, buildings and all other erections, matters or things, and the Contractor

shall take out and remove any such debris and waste material when ordered to

do so and shall fully reinstate and make good all matters and things disturbed

during the execution of the works to the satisfaction of the Engineer. The

Contractor shall be paid no additional amount for the above and for any access

roads to be made to reach the construction site.

2.3.3. All materials shall be new and of the best respective kinds described in the

schedule of quantities and/or specifications and in accordance with the Owner’s

Instructions and the Contractor shall upon the request of the Owner furnish him

with all invoices, accounts, receipts, certificates and other vouchers, to prove

that the materials comply therewith. The Contractor shall at his own cost

arrange for and/or carry out any test of materials which the Owner may require.

The Contractor shall depute an independent qualified QA/QC engineer and

safety officer full-time at the site for the duration of the contract and shall not

be eligible for extra financial compensation.

2.3.4. It shall be the responsibility of the Contractor to load / unload and store in a

safe and acceptable manner all construction materials as directed by the

2.3.5. The Contractor shall be required to provide and maintain all tools, and

equipment and instruments necessary to perform his work. He shall provide all

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fuels, lubricants and compressed air for the operation and maintenance of his

construction tools.

2.3.6. The Contractor shall arrange for all his requirements of such materials as but

not limited to oxygen, acetylene, pipes, ropes, welding machine, welding rods,

scaffolding, etc. required for performing his work.

2.3.7. The Contractor shall provide facilities for his office, warehouse, tool room,

change room or any other building required to execute his work.

2.3.8. The Contractor shall not sell, assign, mortgage, hypothecate or remove

equipment or materials which have been installed or which may be necessary

for the completion of the Contract.

2.3.9. Contractor shall provide all expert, engineers, supervisors, technicians, skilled

semi-skilled, un-skilled labour etc. personnel required in connection with the

2.3.10. The Monthly Progress Reports shall be provided to Owner within 7 days

after the end of each calendar month.

2.4. Engineer to direct Work and order Alterations, Modifications, Deletions

2.4.1. The Engineer shall have the right to direct the manner in which all work under

this Order shall be conducted in so far as may be necessary to secure the safe

and proper progress and the specified quality of the work. All work shall be

done and all material shall be furnished to the satisfaction and approval of the

2.4.2. Additional drawings and explanations to exhibit or to illustrate the details may

be provided by the Engineer and shall be so provided whenever necessary and

if consistent with the drawings and specifications shall be binding upon the

Contractor. The written decision of the Engineer as to the true construction and

meaning of the drawings and specifications and of such additional drawings

and explanations shall be binding upon the Contractor.

2.4.3. If at any time the Contractor's methods, materials, or equipment appear to the

Engineer to be unsafe, inefficient or inadequate for securing the safety of the

workmen or the public, the quality of work or the rate of progress required, he

may order the Contractor to increase their safety, efficiency and adequacy. The

Contractor shall comply with such orders. If at any time the Contractor's

working force and equipment are, in the opinion of the Engineer, inadequate

for securing the necessary progress, as herein stipulated, the Contractor shall,

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if so directed, increase the working force and equipment to such an extent as to

give reasonable assurance of compliance with the schedule of completion. The

failure of the Engineer to make such demands shall not relieve the Contractor

of his obligations to secure the quality, the safe conducting of the work and the

rate of progress required under the Order and the Contractor alone shall be and

remain liable and responsible for the safety, efficiency, and adequacy of his

methods, materials, working force, equipment and timely completion of job

irrespective of whether or not he makes any change as a result of any order or

orders received from the Engineer.

2.4.4. The Engineer shall have the power to make any alteration, omissions or

additions to the original specifications, drawings, designs and instructions that

may appear to him to be necessary or advisable during the progress of the work

and the Contractor shall be bound to carry out the work in accordance with any

instructions that may be given to him in writing by the Engineer and such

alterations, omissions, additions or substitutions shall not invalidate the Order.

Any altered, additional or substituted work which the Contractor may be

directed to do in the manner above specified as part of the work, shall be carried

out by the Contractor on the same conditions in all respects on which he agreed

to do the main work and at the same rates as are specified in the Order for the

main work, unless such alterations are not identical with items of work and

form extra items.

2.4.5. The time for completion of the work shall be extended in the time proportion

that the altered, additional or substituted work bears to the original contract and

the decision of the Owner shall be conclusive and binding on the Contractor.

2.4.6. The Contractor shall comply with and duly execute any work as per Engineer's

instructions provided always that oral instructions, directions and explanations

given to the Contractor by the Engineer shall, if involving a variation, be

confirmed in writing by the Contractor within seven days and the Engineer

written approval obtained. Rates of items not mentioned in the Schedule of

Quantities and Rates shall be dealt with as extra items.

2.4.7. If the Contractor after receipt of written notice from the Engineer requiring

compliance, with such further drawings and/or the Engineer’s instructions fails

within seven days to comply with the same, the Owner may employ and pay

other agencies to execute any such work whatsoever as may be necessary to

give effect thereto and all costs incurred in connection therewith shall be

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recoverable from the Contractor by the Owner or may be deducted by the

Owner from any moneys due or to become due to the Contractor.

2.5. Drawings and Schedule of Quantities

2.5.1. One set of the drawings and specifications and schedule of quantities shall be

furnished by the Engineer to the Contractor, and Engineer shall furnish, within

such time as he may consider reasonable, one copy of any additional drawing/s

which in his opinion may be necessary for the execution of any part of the work.

Such copies shall be kept on the works and the Engineer and their

representatives shall at all reasonable times have access to the same, and they

shall be returned to the Engineer by the Contractor before the issue of the

certificate for the balance of his account under this Order. This contract and the

signed drawings and specifications and schedule of quantities shall remain in

the custody of the Engineer and shall be produced by him at his office as and

when required by the Owner or by the Contractor.

2.5.2. If the Contractor apprehends any delay in construction for want of drawings

and details, he shall, immediately advice the Engineer in writing accordingly.

In case the work is retarded or even stopped temporarily for lack of details and

construction drawings to proceed with, the Contractor would be given

extension of time to the extent his work has been held up for want of drawings.

The Engineer’s decision in regard to the extension of time allowed on this

account shall be final and binding.

2.5.3. Only figured dimensions on drawings will be followed and drawings to large

scale shall generally take precedence over those to a smaller scale. Detailed

drawings and notes appended thereon shall be deemed to form part of the

specifications and to supersede the specification in case of discrepancies.

However, all documents shall be considered mutually explanatory.

2.6. To Define terms and Explain Plans

2.6.1. The various parts of the Order are intended to be complementary to each other,

but should any discrepancy appear, or any misunderstanding arise as to the

important of anything contained therein, the explanation of the Engineer shall

be final and binding. The correction of any errors or omissions of the drawings

and specifications may be made by the Engineer, when such correction is

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necessary to bring out clearly the intention which is indicated by a reasonable

interpretation of the drawings and specifications as a whole.

2.6.2. Whenever, in the specifications or on the drawings which are a part of this

Order or which may be furnished to the Contractor for directing this work, the

terms and descriptions of various qualities of workmanship, materials,

structures, processes, plant or other features of the Order are described in

general terms, the meaning of fulfilment of which must depend on judgement;

then in all such cases the question of fulfilment of such specification or

requirements shall be decided by the Engineer and said materials shall be

furnished, said work shall be done, and said structures, process, plant or features

shall be constructed, furnished or carried on in full and complete accordance

with his interpretation of the same and to his full satisfaction and approval,

provided such interpretation is not in direct conflict with the drawings and

specifications and generally accepted good practice.

2.7. Contractor shall provide all expert, engineers, supervisors, technicians, skilled

semi-skilled, un-skilled labour etc. personnel required in connection with the

2.8. The Contractor shall acquire at his expense all permits, approvals, NOC,

Clearances licenses, etc. from all local, state or national government authorities

or public service undertakings in India, that are necessary for the performance

of the Order. In case any statutory Approval(s) required, the copy of the

approvals is to be submitted by the Bidder/ Contractor, for review of the Owner.

2.9. Owner shall have the right at all times, to require that the project manager and

any site manager or any other person of Contractor, be removed for good and

sufficient reasons and replaced forthwith reasonably acceptable to the Engineer.

As used in the section "good and sufficient reasons" shall means incompetence,

misconduct, malfeasance, disruptive behavior, negligence, or any other similar

act of behavior. The Owner/ Engineer can do so without assigning any reason.

2.10. Contractor shall keep the site reasonably clean and otherwise free from

accumulation of waste materials, rubbish and other debris resulting from

performance of the Contractor’s obligations. Contractor's labour camp and

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housing colony shall be maintained tarred at hygienic standards and shall be kept

reasonably free of debris, litter and malodour. On or before competition of work,

Contractor shall remove from the site area all petroleum, waste materials,

rubbish and other debris, as well as all tools, construction equipment, machinery

and surplus material to which Owner does not hold title, and shall leave the site

area in a neat, clean and usable condition.

2.11. The Contractor will administer and pay all other taxes payable in connection

with this Order and in accordance with applicable law, including but not limited

to, works contract tax on civil works, excise duties along with concessional CST

2.12. Contractor shall be responsible for the recruitment, transportation,

accommodation and catering of all labour, local or expatriate, required for the

execution of the Order and for making all payments in connection therewith.

2.13. All the safety & security regulations prevailing at site will have to be strictly

complied and adhered to by the Contractor and also by his labour engaged on

site. Contractor shall comply with the applicable construction HSE (Health,

Safety and Environment) manual. Also, the Contractor shall take adequate care

for compliance with the specific safety rules applicable to this work.

2.13.1. Contractor shall implement and administer a safety and health program for the

site which shall include: (a) establishing Contractor and its Subcontractor

safety guidelines and requirements (including a fall prevention program). (b)

conducting of weekly safety meetings with its Subcontractors, (c)

development, implementation and enforcement of procedures for advising

subcontractors of, and correction of safety violations and deficiencies, and (d)

taking of all other actions necessary to provide a safe work environment in

accordance with applicable laws. Contractor shall take all reasonable

precautions for the safety of, and shall provide all reasonable protection to

avoid damage, injury or loss to : (a) all persons employed by Contractor or

Subcontractors in connection with the supplies and services and all other

persons who may be affected thereby, (b) all materials and equipment to be

incorporated into the site, whether in storage on or off the site, under the care,

custody or control of Contractor or any subcontractor, and (c) other physical

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property at the site or adjacent thereto, including trees, shrubs, lawns, walks,

pavements, roadways, structures and utilities not designated for removal,

relocation or replacement in the course of construction.

2.14. Contractor's Supervision

2.14.1. The Contractor shall, during the whole time the work is in progress, employ a

qualified engineer to be in-charge of the works with adequate experience in

handing of jobs of this nature and with the prior approval of the Engineer. Such

Contractor’s engineer shall be constantly in attendance at the site during

working hours. During Contractor's/Contractor’s engineer's absence during

working hours, when it may be necessary to give directions, orders may be

given by the Engineer shall be received and obeyed by the Contractor’s

superintendent or foreman who may have charge of the particular part of the

work in reference to which orders are given. If requested to do so, the Engineer

shall confirm such orders in writing. Any directions, instructions or notices

given by the Engineer to him, shall be deemed to have been given to the

Contractor. The representative of the Contractor shall have all necessary

powers to receive materials from the Owner, issue valid receipts for the same,

engage labour or purchase materials and proceed with the work as required for

speedy execution.

2.15. Setting out Works

2.15.1. The Contractor shall set out the works and shall be responsible for the true and

perfect setting out of the same and for the correctness of the positions, levels,

dimensions and alignment of all parts thereof. If at any time, any error shall

appear during the progress of any part of the work, the Contractor shall at his

own expenses rectify such error, if called upon, to the satisfaction of the

2.15.2. The Contractor shall provide all facilities, instruments and attendance to the

Engineer or his deputed representative to check his work. Instruments brought

by the Contractor shall be in good working condition and shall be subject to

approval of the Engineer. Checking in part or full or any setting out or any line

or level by the Engineer shall not in any way relieve the Contractor of his

responsibility for the correctness thereof.

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2.15.3. The Contractor shall establish and maintain base lines and bench marks

adjacent of the various sections of work. All such marks and stakes shall be

carefully preserved by the Contractor, and in case of their destruction by him

or any of his employees, they shall be replaced at the Contractor's expense.

2.15.4. The Contractor shall be responsible for the accuracy of all dimensions within

the various sections of the work according to the figures of dimensions on the

2.16. Labour and Personnel

2.16.1. The Contractor shall make his own arrangements for the engagement of all

staff and labour, local or otherwise, and for their payment, housing, feeding

2.16.2. The Contractor shall ensure that he pays all his personnel and shall ensure and

procure that his sub-contractors pay to their personnel regularly their wages,

overtime and other compensations. The attendance register and the wage

register shall be submitted to the Engineer for verification at regular intervals.

The Contractor shall also furnish the Engineer at regular intervals as governed

by Applicable Laws including local statutes but not less than Monthly

intervals, certificates that he has paid to his sub-contractors and workmen and

caused his sub-contractors to pay all the dues to his sub-contractor workmen.

In case such payment is not made regularly by the Contractor or his sub-

contractors, the Owner shall be in his right to make such payments and deduct

the same from the Contractor's progress payments. In case the Owner becomes

liable to pay any wages or dues to the labour or to any Government agency

under any of the provisions of the Minimum Wages Act, Workmen's

Compensation Act or any other Applicable law due to act or omission of the

Contractor, the Owner may make such payments and shall recover the same

from the Contractor's bills.

2.17. Construction Supervision and Workmanship

2.17.1. The Engineer shall engage his own supervisory staff at the site of works as

may be deemed fit. The Contractor shall afford the Engineer’s supervisors

every facility and assistance for examining the works and materials for

checking and measuring the works and materials. The Engineer’s supervisors

shall have no power to revoke, alter, enlarge or relax any requirement of the

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Contractor, but may sanction any day work, additions, alterations, deviations

or omissions, or any extra work whatever as may be approved by the Engineer.

2.17.2. The Engineer’s supervisors will act as representatives of the Engineer and shall

have power to give notice to the Contractor or to his Foreman of non-approval

of any work or materials, and such work shall be suspended or the use of such

material shall be discontinued, until the decision of the Engineer shall be

2.17.3. The work shall be conducted under the general direction of the Engineer and

shall be subject to inspection by his supervisors to ensure strict compliance

with the terms of the Order. No failure of the Engineer or his supervisors

during the progress of the work to discover or to reject materials, or work not

in accordance with the requirement of this Contract shall be deemed as

acceptance thereof or a waiver of defects therein shall be construed to be an

acceptance of the work or materials which shall not strictly in accordance with

the requirements of this Order. No changes whatsoever to any provision of the

specifications shall be made without written authorisation of the Owner.

2.17.4. The Contractor shall execute the whole and every part of the work in the most

substantial and workmanlike manner as regards material and in all other

2.17.5. If it shall appear to the Engineer that any work has been executed with

unsound, imperfect or unskilled workmanship, or that any materials or articles

provided by him for the execution of the work are unsound, or of a quality

inferior to that contracted for, or otherwise not in accordance with the Order,

the Contractor shall on demand in writing from the Engineer, notwithstanding

that the same may have been inadvertently passed, certified and paid for,

forthwith rectify or remove and reconstruct such work in whole or in part as

the case may require or as the case may be, remove such materials or articles

at his own proper charge and cost. In the event of his failing to do so within

seven days of receipt of the Engineer written notice thereof, or any other period

mentioned in such notice, the Engineer shall rectify or remove and re-execute

the work or remove and replace with other materials and articles complained

of, as the case may be, at the risk and expense of the Contractor in all respects.

Also in the event the Contractor fails to carry out the rectification within the

period stipulated above, the Contractor shall be liable to pay compensation at

the rate of quarter (1/4) percent of the total Contract Value, for every week or

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part thereof, beyond the period stipulated above, that the rectification work

remain incomplete.

2.17.6. The provisional acceptance of sections of the work for the purpose of preparing

partial estimates and the payment of money for such partial estimates shall not

operate as a waiver of any portion of this Contract and shall not be construed

so as to prevent the Engineer from requiring replacement of defective work

that may become apparent after the said provisional acceptance and shall not

be construed in any way as the basis for a claim of extra compensation for any

cause whatsoever by the Contractor.

2.18. Measurement of Works

2.18.1. The Engineer may from time to time intimate to the Contractor that they

require the works to be measured and the Contractor shall attend or send a

qualified agent to assist the Engineer in taking such measurements and

calculations and to furnish all particulars or to give all assistance required by

either of them.

2.18.2. Shall the Contractor not attend or neglect or omit to send such agents then the

measurements taken by the Engineer or approved by him shall be taken to be

the correct measurements of the work. Such measurements shall be taken in

accordance with the Mode of Measurements mentioned in the specification.

2.18.3. Any claim which the Contractor may have to make in respect of such

measurement shall be made by him in writing to the Engineer within seven

days of the date of these measurements, failing which the measurements shall

be deemed to have been accepted by the Contractor.

2.18.4. Where mode of measurement is not specified, the measurements will be taken

at site as per I.S. Code of Practice for Measurements. The Contractor shall give

all assistance for taking measurements like steel measuring tapes, scaffolds,

2.18.5. The Contractor shall give not less than three days notice in writing to the

Engineer before covering up or otherwise, placing beyond the reach of

measurement, any work in order that the same may be measured and correct

dimensions thereof be taken and shall not cover up and place beyond the reach

of measurement any work without the consent in writing of the Engineer.

2.18.6. If any work shall be covered up or placed beyond the reach of measurement

without such notice having been given or consent obtained, the same shall be

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uncovered at the Contractor's expense or in default thereof no payment or

allowance shall be made for such work or the materials with which the same

2.19. To remedy Defective work and Defects Liability Period

2.19.1. If the work or any portion thereof shall be damaged in any way excepting by

the acts of the Owner, or if defects not readily detected by proper inspection

shall develop before the final completion and acceptance of the whole work,

the Contractor shall forthwith make good, without compensation, such damage

or defects in a manner satisfactory to the Engineer. In no case shall defective

or imperfect work be retained.

2.19.2. 180 days from the date of Engineer’s Completion Certificate unless otherwise

agreed in writing by Owner shall be deemed as the "Defects Liability Period".

In case any defects in the work due to bad materials and/or bad workmanship

develop in the work before the expiry of this period, the Contractor on

notification by the Owner shall rectify or remedy the defects at his own cost

and he shall make his own arrangements to provide materials, labour,

equipment and any other appliance required in this regard. In case even on due

notification by the Owner, the Contractor fails to rectify or remedy the defects,

the Owner shall have the right to get this done by other agencies and recover

the cost incurred, by deductions from any money due or that may become due

to the Contractor.

2.19.3. The Owner may, in lieu of such amending and making good by the Contractor,

deduct from any money due to the Contractor, a sum to be determined by the

Owner equivalent to the cost of amending such work and in the event of such

amount being insufficient, recover the balance from the Contractor together

with any expense the Owner may have incurred in connection therewith.

2.19.4. The Contractor shall remain liable under the provisions of this clause

notwithstanding the passing by the Owner of any certificate, final or otherwise

or the passing of any accounts.

2.20. Night Work

2.20.1. The Contractor is normally expected to work during daytime only and is

required to complete the work in all respects as stipulated elsewhere. However,

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night work may be stipulated by the Engineer or permitted in exigencies with

prior approval from the Engineer.

2.20.2. Sufficient lights shall be provided by Contractor to safeguard the workmen and

the public and to afford adequate facilities for properly placing and inspecting

the material when the night work is in progress.

2.21. Contractor to remove all offensive matter immediately and Clean-Up

2.21.1. All soil, filth or other matter of an offensive nature taken out of any excavation,

trench, sewer, drain, cesspool or other place shall not be deposited on the

surface, but shall at once be carted away by the Contractor to some tip or place

provided by him away from the site of work and approved by local authorities.

2.21.2. As a part of the work included in this Contract, the Contractor shall completely

remove and satisfactorily dispose of all temporary works to the extent directed.

He shall tear down and dispose off all temporary buildings, shall remove or

grade to the extent directed all embankments or coffer dams made for

construction purposes, shall remove all plant and equipment, shall

satisfactorily dispose of all rubbish resulting from the operations under this

Contract and shall do all work necessary to restore the territory embraced

within the site of his operations to at least as good order and conditions as at

the beginning of the work under this Order.

2.22. Safety Precautions

2.22.1. . The Contractor shall pay particular attention to ensure safety of his staff and

workmen and others in the vicinity and shall be responsible for any loss of life

or injury to person due to negligence or any other causes whatsoever except

natural causes. He shall provide all necessary fencing and lights required to

prevent accidents and shall be bound to bear the expenses of defence of every

suit, action or other proceedings at law that may be brought by any person for

injury sustained owing to neglect of the above precautions and to pay any

damages and costs which may be awarded in any such suit, action or

proceedings to any such person or which may with consent of the Contractor

be paid to compromise any claim of any such person.

2.22.2. As this Rate Contract includes structural work, it may be required to work at

highest point of the plant (approx. 75 meter) along with tools and tackles,

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Contractor shall ensure all necessary safety precautions for the same. Owner

is not responsible for any consequences thereof due any mishap/ accident.

2.22.3. The Contractor shall reinstate all damage of every sort mentioned in this clause

so as to deliver the whole of the Contract work complete and perfect in every

respect and so as to make good or otherwise satisfy all claims for damage to

the property of third parties.

2.22.4. The Contractor shall take all precautions necessary and shall be responsible

for the safety of the work and shall maintain all lights, guards, sign boards,

temporary passages, or other protection necessary for the purpose. All work

shall be done at the Contractor’s risk, and if any loss or damage shall result for

fire or from other cause, the Contractor shall promptly repair or replace such

loss or damage free from all expenses to the Owner. The Contractor shall be

responsible for any loss or damage to material, tools or other articles used or

held for use in connection with the work. The work shall be carried on to

completion without damage to any work or property of the Owner or of others

and without interference with the operation of existing machinery or

2.22.5. The use of explosives in a manner, which might disturb or endanger the

stability, safety, or quality of the works, will not be allowed. Explosives shall

be stored, handled and used as prescribed by the law and regulation of the

Indian Union, the State in which the work is performed and sub-divisions

thereof. Special attention must be given to immediate disposal of paper

wrappings from explosives, which are poisonous to livestock.

2.22.6. All safety rules are to be strictly adhered while execution of any job related to

this order. Contractor shall provide all safety gears required for this work at

site. It is contractor’s responsibility to see the total work will be done with all

safety precaution. In case of any injury and fatality, contractor shall be hold

responsible. The Contractor shall strictly follow all the safety and security

standards of the Owner.

2.22.7. The Contractor shall reinstate all damage of every sort mentioned in this clause

so as to deliver the whole of the Contract work complete and perfect in every

respect and so as to make good or otherwise satisfy all claims for damage to

the property of third parties.

2.22.8. The Contractor shall be responsible for any loss or damage to material, tools

or other articles used or held for use in connection with the work. The work

shall be carried on to completion without damage to any work or property of

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the Owner or of others and without interference with the operation of existing

machinery or equipment.

2.23. Certificate of Completion

The works shall not be considered as completed until the Engineer has certified

in writing that work under the contract has been completed and the Defects

Liability Period shall commence from the date of such certificates.

2.24. REJECTION

If Owner rejects any or all of the non‐conforming product or services, the

company may in addition to all its other rights and remedies law or equity – ( I

) return the shipment in whole or part for credit including transportation charge

; and/ or (ii) accept a conforming parts of the shipment ; and / or (iii) replace any

rejected products with third party products with any additional costs to be

reimbursed by supplier.

The Contractor shall strictly follow security procedure of the Owner and

maintain proper control on movement of his men/materials.

2.26. Damages to Persons and Property

2.26.1. The Contractor shall be responsible for all injury to persons, or things, and for

all damage to the structural and/or decorative part of property which may arise

from the operations or neglect of the Contractor. The Contractor shall

indemnify the Owner and hold him harmless in respect of all and any expenses

arising from any such injury or damage to person or property as aforesaid and

also in respect of injury or damage under any Acts of Government or otherwise

and also in respect of any award of compensation or damages consequent upon

2.26.2. The Contractor shall reinstate at his cost all damages of every sort mentioned

in this clause, so as to deliver the whole of the Contract works complete and

perfect in every respect and so as to make good or otherwise satisfy all claims

for damage to the property of third parties.

2.26.3. The Contractor shall indemnify the Owner against all claims which may be

made against the Owner by any member of the public, or other third party in

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respect of anything which may arise in respect of the works or in consequence

thereof and shall at his own expense arrange to effect and maintain, until the

virtual completion of the Contract with an approved nationalised insurance

company, a Policy of Insurance in the joint names of the Owner and the

Contractor against such risks and deposit such policy or policies with the

Engineer from time to time during the currency of this Contract. The

Contractor shall also indemnify the Owner against all claims which may be

made upon the Owner, whether under the Workmen's Compensation Act or

any other Statute in force during the currency of this Contract or at common

law in respect of any employee of the Contractor or any of his approved Sub-

Contractor and shall at his own expense effect and maintain, until the virtual

completion of the Contract, with an approved nationalised insurance

company, a Policy of Insurance in the joint names of the Owner and the

Contractor against such risks and deposit such Policy or Policies with the

Owner’s Representative from time to time during the currency of this

Contract. The Contractor shall be responsible for anything, which may be

excluded from the Insurance Policies above referred to and also for all other

damage to any property arising out of or incidental to the negligent or defective

carrying out of this Contract.

2.26.4. The Contractor shall also indemnify the Owner in respect of any costs, charges

or expenses arising out of any claim or proceedings and also in respect of any

award of compensation of damage arising there from.

2.26.5. The Owner shall be at liberty and is hereby empowered to deduct the amount

of any damages, compensation costs, charges and expenses arising or accruing

from or in respect of any such claim or damage from any sum due or to become

due to the Contractor.

2.26.6. The Owner shall not be responsible or be held liable for any damage to person

or property consequent upon use, misuse or failure of any construction tools

and equipment used by the Contractor or any of his Sub-Contractors even

though such construction tools and equipment be furnished, rented or loaned

to the Contractor or his Sub-Contractors by the Owner. The acceptance and/or

use of any construction tools and equipment by the Contractor or his Sub-

Contractors shall be construed to mean that the Contractor accepts all

responsibility for and agrees to indemnify and save harmless, the Owner and/or

the Owner’s representative from any and all claims for said damages resulting

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from said use, misuse or failure of such construction tools and equipment for

which the Owner may be liable.

2.27. Compliance with Laws, and Other Obligations

2.27.1. The Contractor shall observe all provisions of labour laws/ Acts & rules made

there under enacted either by Central Govt. and/or State Govt. or as applicable

to these works and safety rules and regulations of the project and enforce the

same. He shall also be responsible for the good conduct of his employees.

2.27.2. The Contractor shall register himself with the Central sales tax/ Excise

authority in the State where the work is being executed. He shall be responsible

to discharge all his statutory obligations in this respect as provided under the

relevant Sales Tax Act.

2.27.3. The Contractor shall ensure that the available concessions/ exemptions either

as per the local or Central Sales tax Act shall be availed by him and further the

benefit of this shall be passed on to the Owner so as to minimize the work cost.

2.27.4. As and when as any accident happens to any of Contractor’s employees,

the Contractor shall take immediate care and attend to such emergency.

With respect to submission of such details regarding the accident, for

Insurance compliance to the insurance company, the Contractor shall maintain

the particulars with appropriate details and shall submit the same within the

time frame required. It shall be the responsibility of the Contractor to furnish

all details in this regard to the Owner in writing. Failure to comply with

requirement may entitle the Owner to withhold any dues or suspend the work

that is being carried out by the Contractor and recover the damages / costs

arisen from such non-compliance by the Contractor.

2.27.5. Contractor shall indemnify and keep indemnified the Owner at all times

against any law suits, actions, demands, loss, costs and expenses that may

accrue/devolve upon the Owner on account of Contractor’s non compliance of

all applicable laws by the Contractor

2.27.6. Any revision / change in the Govt. statutory laws becomes applicable during

the execution of the work or this contract shall be Contractor’s responsibility

and Owner shall not entertain any claims towards any financial implications.

2.27.7. As this Rate Contract includes structural work, it may be required to work at

highest point of the plant (approx. 75 meter) along with tools and tackles,

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Contractor shall ensure all necessary safety precautions for the same. Owner

is not responsible for any consequences thereof due any mishap/ accident.

2.28. The Contractor shall comply with the applicable laws including but not limited

to the PF Act, ESI Act, Labour laws for the term of the Contract as stated

hereunder. A self-declaration/undertaking showing compliance of these shall be

submitted by the Contractor to the Company Representative. The Contractor

will indemnify the Company at all times for the damages caused or losses

incurred by the company due to non-compliance with the existing laws and

regulations by the Contractor.

2.28.1. Provident Fund Act:

No dues of Payment of PF Contribution from the Employer & Employees in

respect of Contractor working at sites/warehouses etc. along with monthly

Returns and remittance particulars of Challans and Statement of workmen.

2.28.2. ESI Act:

No dues of Payment of ESI Contribution from the Employer & Employees in

respect of Contractor working in sites/warehouses etc along with their Half-

yearly Returns and remittance particulars of Challans and Statement of

2.28.3. As per the Labour enactments:

No Dues from the Employees who have resigned/terminated, engaged by the

contractors regarding payment of Wages, service compensation, Bonus,

Gratuity, Unavailed Leave salary, Notice pay etc.

Submission of the above documents shall not relieve the Contractor of any

liability to comply with the Applicable Laws and Contractor shall at all times

indemnify the Owner completely and shall be fully responsible in such case.

2.29. Inspection and Quality Control

Contractor shall perform all inspection, expediting and quality surveillance as

are required for performance of his obligations in this Order. Contractor shall

perform detailed inspection of all work in progress at intervals appropriate to the

stage of manufacture or production, construction or fabrication as is necessary

to ensure that such work is proceeding in accordance with this Order. Any

deficiencies revealed through such inspections and of measures proposed by

Contractor to remedy such deficiencies. Owner or Representative shall have the

option, at Owner's expense, of being present at all such inspections;

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2.29.1. The Contractor will carry out the Inspections and/or quality checks and will

give reasonable time period notice to the Owner to remain present and witness

the Test/inspection.

3. Subcontracts

The Contractor may subcontract with the approval of the Engineer but may not

assign the Contract. Subcontracting does not alter the Contractor's obligations.

3.1. The whole of the works included in the Order shall be executed by the

Contractor and the Contractor shall not directly or indirectly transfer, assign or

sublet the Contract or any part, share or interest therein nor shall he take a new

partner without the written consent of the Owner, and no subletting shall relieve

the Contractor from the full and entire responsibility of the Contract or from

active superintendence of the works during their progress.

4. Billing And Payment

4.1. Contract Price

As full consideration to Contractor for the full and complete performance of the

services and supplies for the complete scope of work as defined in Section –

The total invoice value raised by the contractor shall not exceed the price as

quoted by the Bidder or agreed between the owner and contractor, whichever is

4.2. Interim, Final Payment

4.2.1. The Contractor shall maintain an independent estimate & billing section.

Contractor shall be responsible for working out the detailed quantities for

various items of work, from the progressive drawings, released for

construction, within one fifteen days from the date of receipt of drawings.

Detailed bill of quantities along with the abstract shall be submitted to the

Engineer for his approval. Engineer shall approve the same within seven days.

Increase or decrease in these approved quantities due to revision in drawings

or due to Engineer’s instructions shall be incorporated by the Contractor and

submitted to the Engineer for revised approval within seven days from the

receipt of revised drawings/instructions.

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4.2.2. Bills are to be submitted in the format approved by the Engineer. Interim /

Final bills shall be submitted on the basis of work completed against these

approved quantities. Payment will be released by the Owner on verification of

work completed against these approved quantities. No other method for billing

shall be accepted by the Owner.

4.2.3. Running Account (R.A) bill shall be in computerised format. The RA bill can

be raised only one in month and Value of each bill shall be minimum Rs

Lakhs. The bills shall be error free and accompany all the relevant documents

like completion report, receipted delivery receipts, acceptance of makes by

owner etc. The bill shall be submitted in soft copy also. The payment of the

bill amount after recoveries shall be released within 30 working days from the

date of receipt of undisputed bill duly certified invoices by the Engineer. No

interest shall be paid on delayed payments. GST amount shall be paid after

successful filing of GST of particular invoice by the Contractor and on

submission of paid GST proof.

4.2.4. Retention Money

10% of the Contract price shall be retained as Retention money. The

Retention money shall be recovered at the rate of 10% on each RA bill. The

Retention money shall be released after one year from successful completion

of work by the Bidder and final taking over of work by the Owner.

The Retention Money shall be on basic amount without including GST.

4.2.5. Amount of GST and applicable cess will be kept under retention till

submission of documentary proof of payment of GST or till reflection of

payment of GST pertain to respective bill amount in GST return after due

4.2.6. GST applicable towards forfeiting of EMD, Security Deposit and charging of

penalty including liquidated damages in accordance with the T&C of the

contract shall be in the scope of contractor / supplier.

4.2.7. No additional payment in addition to the price/Fees as above shall be paid for

any visit to GSEG Corporate Office, Site, Police station, offices of Statutory

4.2.8. Any interim payments shall be regarded as payments by way of advance

against the final payment only and not as payments for work actually done and

completed. Any interim payment shall not preclude the right of the Owner

from getting bad, unsound, imperfect or unskilled work to be removed and

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reconstructed by the Contractor. Any interim payment shall not be considered

as an admission of the due performance of the Contract or any part thereof in

any respect or the accruing of any claim. Any such interim payment shall not

conclude, determine or affect in any way the powers of the Owner under these

Order or any of them as to the final settlement and adjustment of the payment

4.2.9. The final bill shall be submitted by the Contractor on completion of the entire

work along with the certificate of completion furnished by the Engineer;

otherwise the Engineer certificate of the measurement and the total amount

otherwise the Engineer certificate of the measurement and the total amount

payable for the work accordingly shall be final and binding on all parties.

4.2.10. The Contractor shall submit all bills in printed forms and the charges in the

bills shall always be entered at the rates specified in the tender/bid submitted

and contract/work order issued thereafter or in the case of any extra work

ordered in pursuance of these conditions and not mentioned or provided for in

the tender/bid/contract/work order at the rates subsequently accepted by the

Owner for such work. This acceptance of rates shall be obtained by the

Contractor from the Owner’s competent authority in writing before taking up

4.2.11. In case work is nearly suspended, or in case only unimportant progress is being

made, or in case it is apparent that the Contractor is about to forfeit his

Contract or that the money yet due to him will not complete his Contract, the

Owner may, at his discretion, withhold any payment which may be due to the

4.2.12. The Contractor shall not demand, nor be entitled to receive payment for the

work any portion thereof except, in the manner set forth in this Order and only

after the Engineer shall have given a certificate for such payment. For final

payment, when the work covered by this Order has been completed, the

Contractor shall prepare a final abstract showing the total amount of work

Contractor shall prepare a final abstract showing the total amount of work

done and its value under and according to the terms of this Order. The

Contractor shall attach copies of the Engineer’s completion certificates with

his final abstract. Also, contractor shall attach No Claim Certificate in the

format and manner as approved by the Owner. From the total value thus

arrived, all previous payments will be deducted and all deductions made in

accordance with the provisions of this Contract and the remainder shall be

paid by the Owner to the Contractor within three months of the date of

submission of the Contractor's final bill except in case of disputed items.

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4.3. The foregoing Contract Price/ Bidded Price shall be firm and fixed throughout

the term of this Order. The Bidder price shall be firm for delivery to the Owner’s

site basis, including but not limited to loading, transportation, transit insurance,

unloading etc. There shall not be any increase in price due to change in any

applicable taxes and duties.

4.4. Demurrage / Warefageetc, if any, will be to the Bidder account, if documents

cannot be retired by the Owner due to non-submission of correct / complete

documents by the Bidder.

4.4.1. Bills are to be submitted in the format approved by the Engineer. Interim /

Final bills shall be submitted on the basis of work completed against these

approved quantities. Payment will be released by the Owner on verification of

work completed against these approved quantities. No other method for billing

shall be accepted by the Owner.

4.4.2. The payment of the bill amount after recoveries shall be released within

working days from the date of receipt of material/ services and undisputed bill

duly certified invoices by the Engineer. No interest shall be paid on delayed

4.4.3. Any interim payments shall be regarded as payments by way of advance

against the final payment only and not as payments for work actually done and

4.4.4. All the payments will be released after issuance of certificate from Owner’s

representative/O&M Engineer/ PMC/ Architect for the Work actually

executed. Payment of all the Running Account Bills and Final Bill shall be

made based on actual measurement of the work executed.

4.4.5. Final Bill must be submitted along with the “No Claim Certificate” and

“Virtual Completion Certificate” in the prescribed format of the Owner.

5. Completion Dates And Late Completion Liquidated Damages

5.1. Scheduled Completion Dates

Work covered under this tender shall be Item Rate Contract. The period of

completion, including supply, testing, installing, including statuary inspection

and handing over, shall be 120 days from the mobilization notice issued by

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GSEG which shall exclude the non-working periods during monsoon but

includes festivals, and the period of commencement.

5.2. Completion Date Liquidated Damages

If the work is not completed as per the final completion date for the reasons

attributed to Contractor as given in the this tender, Contractor shall pay to

Owner, as liquidated damages and not as a penalty, an amount equivalent to One

half of One percent (1/2%) of Contract Price for every week or part thereof. (the

"Late Completion Liquidated Damages") with 10% of the Contract Price as

ceiling of Liquidated Damages. The Owner shall have right to Terminate the

Contract on achieving the ceiling of Late Completion Liquidated Damages. The

Owner shall have right to deduct Liquidated Damages from subsequent RA Bills

on weekly accrual basis.

5.3. Owner and Contractor hereby acknowledge and agree that the terms, conditions

and amounts fixed pursuant to clause 5.2 hereof for Late Completion Liquidated

Damages are reasonable. The amounts of these liquidated damages are agreed

upon and fixed hereunder by the Parties because of the difficulty of ascertaining

on the date hereof the exact amount of such reduction in value or costs that will

be actually incurred by Owner in such event, and the Parties hereby agree that

the Liquidated Damages amounts specified herein shall be applicable regardless

of the amount of such reduction in value or costs actually incurred by Owner.

5.4.1. Corporate Taxes:

The Contract Price includes all Taxes and duties such as Sales Tax, Work

Contract Tax, Customs and Excise Duty, GST, VAT, Statutory duties & levies,

etc for the entire Contract Period. Any additions, variations or introduction of

new statutory imposition shall be to the account of the Contractor.

Contractor shall bear all income, GST, corporate, property, VAT, work

contract taxes and all other taxes, duties, levies, surcharges, imposts and

similar taxes and duties duly levied or imposed or to be levied on imposed on

Contractor on account of Services rendered by the Contractor under this

Contract or the payments received or to be received by Contractor from

Company for the Services.

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In accordance with the provisions of the Income Tax Act, 1961 and its

subsequent amendments, Company shall withhold from the payments to

Contractor such amounts as determined by the prevailing taxation laws in

respect of Contractor’s Services. Company shall deposit these tax

withholdings at source with the Indian revenue authorities and provide

Contractor all appropriate tax receipts and forms evidencing the deposit of

these tax withholdings. Contractor shall be responsible for filing returns of

income to Indian revenue authorities for payments made by the Company

pursuant to this Contract in accordance with the prevailing taxation laws.

5.4.2. Personnel Taxes:

All employment taxes and contributions imposed by any law, regulations or

by trade unions with respect to or measured by the compensation, wages,

salaries or other compensation paid to employees of the Contractor, including

without limitation, taxes and contribution or unemployment compensation

insurance, medical and health insurance, welfare funds, pensions and annuities

and disability insurance. In the event that Contractor fails to do so and

Company is liable to any interest or any penalty arising out of such personnel

taxes, Company shall have the right to recover all such amounts from

The Bidder/ Contractor has to submit authorized dealership certificate /

document to the satisfaction of the Owner.

Contractor warrants with respect to the Supplies, Services and work(s) that (i) all

equipment and materials will be new and free from defective workmanship and

materials and (ii) the design and engineering of the Facilities shall be free from

deficiencies and (iii) that the whole and each and every part of the Supplies and

Services will be fit for the purpose specified in this Order. If Owner notifies

Contractor in writing with details of any defects with respect to (i) above or

deficiencies with respect to (ii) or (iii) above in any component discovered during

the applicable Warranty Period therefore, Contractor shall forthwith, at such times

as Owner may instruct or approve in consultation and co-ordination with the

Contractor, (a) re-perform any of the supplies/Services/works hereunder at

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Contractor's expense to correct any errors, omissions, defects or deficiencies, (b)

in the case of any defective Supplies, equipment or materials, repair or replace the

same at Contractor's expense, and provide temporary replacements to the

defective equipment or materials and (c) at Contractor’s expense, repair any

physical damage to the site caused by errors, omissions, defects or deficiencies or

defective equipment or materials. Owner's notice of any such defect or deficiency

shall be delivered to Contractor promptly following Engineer's discovery thereof.

6.1. If the Contractor fails to commence the work necessary to remedy such defect

or any damage caused by such defect within a reasonable time (which shall in

no event be considered to be less than fifteen (15) days), the Owner may,

following notice to the Contractor, proceed to do such work, and the reasonable

costs incurred by the Owner in connection therewith shall be paid to the Owner

by the Contractor or may be deducted by the Owner from any monies due to the

6.2. SERVICES WARRANTY – Supplier warrants to the company and, as

applicable, the company’s customer that services will be performed in a diligent,

workmanlike and professional manner in compliance with relevant industry

standards and in accordance with all specifications, drawing and documentation

related to such services. The services shall be provided by supplier in accordance

with the Order.

6.3. Warranty Period

6.3.1. 12 Months from the date of Engineer’s Completion Certificate unless

otherwise agreed in writing by Owner shall be deemed as the "Defects

Liability Period".

6.3.2. In case any defects in the work due to bad materials and/or bad

workmanship develop in the work before the expiry of this period, the

Contractor on notification by the Owner shall rectify or remedy the defects

at his own cost and he shall make his own arrangements to provide

materials, labour, equipment and any other appliance required in this

7. Indemnification

7.1. Indemnification

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Contractor shall fully indemnify, save harmless and defend Owner from and

against any and all losses, costs, damages, injuries, liabilities, claims and causes

of action, including without limitation reasonable attorney's fees (collectively,

the "Damages"), arising out of or resulting from claims by third parties

(including, without limitation, Owner's shareholders, the Independent Engineer,

the Financing Parties, each of their subsidiaries, and the directors, officers,

agents and employees of each of them) arising out of or related to acts and

omissions of any of the Contractor’s affiliates, Subcontractors or suppliers or

any of their respective officers, directors, employees, servants or agents in the

performance of Contractor's obligations under the Contract, without limitation

whether or not resulting from any defect in or condition of the site or of any

equipment thereon or any materials furnished by Owner, including any such

losses arising from injury to or death of third parties or damage to or loss of

property of third parties. Contractor shall be responsible for any claim arising in

respect of or in consequence of any accident or injury to any of person.

7.2. Specific Indemnification

Contractor shall fully indemnify, save harmless and defend the Owner from and

against any and all Damages in favour of any third parties (including, without

limitation, Owner's shareholders, the Independent Engineer, the Financing

Parties, each of their subsidiaries, and the directors, officers, agents and

employees of each of them, with respect to (a) failure of Contractor or any of its

Subcontractors to comply with Applicable laws, (b) failure of Contractor for

which Contractor is responsible to make payments of taxes relating to

Contractor's income or other taxes required to be paid by Contractor pursuant to

this Order without reimbursement or compensation hereunder or (c) any

hazardous or toxic materials Contractor or any of its Subcontractors has at any

time brought on and caused the release thereof from the site.

7.3. Patent and Copyright Indemnification

Contractor shall fully indemnify, save harmless and defend the Owner from and

against any and all Damages the Owner may hereafter suffer or pay by reason

of any claims or suits (including, without limitation, any claims or suits brought

against the Owner by the Owner's shareholders, the independent engineer, the

financing parties, each of their subsidiaries, and the directors, officers, agents

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and employees of each of them) arising out of claims of infringement of any

patent rights, copyrights or other intellectual property, proprietary or

confidentiality rights with respect to materials and information designed or used

by Contractor, in obligations for supplies or for performing the services

hereunder or in any way incorporated in or related to the work other than any

such materials and information provided by, or any alteration, modification

carried out by the Owner, the Owner's shareholders, the independent engineer,

the financing parties, each of their subsidiaries, and the directors, officers, agents

and employees of each of them. If, in any such suit or claim, a temporary

restraining order or preliminary injunction is granted, Contractor shall make

every reasonable effort to secure the suspension of the injunction or restraining

order. If, in any such suit or claim, the work, or any part, combination or process

thereof, is finally held to constitute an infringement and its use is permanently

enjoined, Contractor shall promptly make every reasonable effort to secure for

Owner a license, at no cost to Owner, authorizing continued use of the infringing

work. If Contractor is unable to secure such license within a reasonable time,

Contractor shall, at its own expense and without impairing performance

requirements, either replace the affected work, or part, combination or parts or

modify the same so that they become non-infringing.

7.4. Notice and Legal Defense

Promptly after receipt by a Party of any claim or notice of the commencement

of any action, administrative or legal proceeding, or investigation as to which

the indemnities provided for in this Section, such Party shall notify the other

Party in writing of such fact; provided that the failure of a Party to give any such

notice promptly shall not excuse the indemnifying Party from its

indemnification obligations hereunder except to the extent any such failure

actually prejudices the indemnifying Party in the defence of such matters. The

indemnifying Party shall assume on behalf of the indemnified Party and conduct

with due diligence and in good faith the defence thereof with counsel reasonably

satisfactory to the indemnified Party; provided that the indemnified Party shall

have the right to be represented therein by advisory counsel of its own selection

and at its own expense and provided, further, that if the defendants in any such

action include both the indemnifying Party and the indemnified Party and the

indemnified Party shall have reasonably concluded that there may be legal

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defences available to it which are different from or additional to, or inconsistent

with, those available to the indemnifying Party, the indemnified Party shall have

the right to select separate counsel to participate in the defence of such action

on its own behalf at the indemnified Party's expense. The indemnified Party

shall, at the request of the indemnifying Party, provide all reasonably available

assistance in the defence or settlement of any such claim, action, proceeding or

investigation, and all reasonable costs and expenses incurred by indemnified

Party in connection with the defence or settlement of any such claim, action,

proceeding or investigation shall be reimbursed by the indemnifying Party

promptly upon demand therefor. The indemnified Party shall not settle or

compromise any claim, action proceeding without the prior written consent of

the indemnifying Party.

7.5. Failure to Defend Action

If any claim, action, proceeding or investigation arises as to which the indemnity

provided for in this Section hereof may apply, and the indemnifying Party fails

to assume the defence of such claim, action, proceeding or investigation, then

the indemnified Party shall at the indemnifying Party's expense contest (or, with

the prior written consent of the indemnifying Party, settle) such claim.

7.6. Survival, Expiration of Indemnity

The provisions of this clause 9 shall survive final completion of work and the

termination of this Order; provided that neither Party shall have any obligation

to indemnify, save harmless and defend against any claim or suit covered by this

clause 9 arising 6 months after the expiration of the warranty period unless

caused by any competent government agency in India or by a judicial body in

India, having jurisdiction over the matter.

7.7. The Contractor shall be fully responsible for the due compliance by his sub-

contractors with all statutory requirements and with all applicable labour laws

including Contract Labour Abolition and Regulation Act, Workmen’s

Compensation Act, P.F./E.S.I., Labour welfare fund, Act as may be applicable

to the Contractor, the sub-contractors and their employees. The Contractor shall

fully indemnify and save harmless the Owners from and against all claims,

demands, expenses, losses, liabilities, charges, actions, suits and proceedings

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whatsoever including claims under the Workmen's Compensation Act which

may be brought or made against the Owner, its Officers or servants by reason or

in consequence of any matter or thing done or omitted to be done by the

Contractor and/ or the sub-contractors and all costs, charges and expenses which

may become payable by the Owner in respect thereof.

8.1. The Bidder/ Contractor shall arrange all necessary insurance policies for

labours, materials and equipment.

8.2. Compliance to Statutory Rules and Laws

The Bidder shall comply all applicable statutory rules and laws.

8.3. Work Permit

Before execution of work, the Bidder shall obtain work permit from safety

department and operation department.

8.4. Insurance of Facilities

Contractor shall, in the joint names of Owner and Contractor, insure the material

and work till final handing over the completed works to the Owner. Such

insurance shall be maintained in effect during the performance of the Order,

from the start date and thereafter shall operate from the time the relevant

property leaves the premises of the manufacturers in the country of origin, and

shall continue during the ordinary course of transit and during storage on or off

the site, if any, until the date on which Owner takes care, custody and control of

full or part of the work.

8.5. Contractor's or Rented Equipment

All Contractor's equipment shall be brought to and kept at the site at the sole

cost, risk and expense of Contractor, and Owner shall not be liable for loss or

damage thereto.

8.6. Statutory Insurance Benefits

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Contractor shall maintain with respect to the obligations for

supplies/services/works to be performed hereunder, in each applicable

jurisdiction, all statutory insurance benefits required by law.

8.7. Automobile Liability Insurance

Contractor shall maintain automobile liability insurance covering all owned,

non-owned and hired automobiles used by Contractor or its Subcontractors in

connection with the supplies/services/works. Such insurance shall have the

limits and shall otherwise contain all provisions required by Indian law. Such

insurance shall be including the passengers.

8.8. Insurance against Accident etc. to Workmen

Contractor shall insure and shall maintain insurance as required by Indian law

for all actions, suits, claims, demands, costs, charges and expenses arising in

connection with the death of or injury to any person employed by Contractor or

its Subcontractors for the purpose of obligations for Supplies or for the

performance of the Services.

8.9. General Insurance Requirements

The identity of the insurers and the form of the policies shall be subject to the

approval of the Owner.

8.10. All insurers’s right of subrogation against such co-insured’s for losses or claims

arising out of the performance of the Order shall be waived under such policies.

8.11. Notwithstanding the insurance requirements mentioned above, it would be the

Contractor's responsibility to take adequate insurance cover as may be pertinent

to protect his interest and interest of the Owner. If at any point of time during

execution of the Contract the insurance policies are found to be inadequate, the

Contractor shall take fresh insurance policies meeting aforesaid requirements.

The Owner reserves the right to make suitable recovery from the Contractor, if

8.12. Any loss or damage to the Supplies including spares, plant and equipment during

handling, transportation, storage, installation, commissioning, and all activities

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to be performed till the final handing Owner to the Owner 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 plant and equipment damaged or lost. Notwithstanding the extent of

insurances cover and the amount of claim available from the underwriter, the

contractor shall be liable to make good the full replacement/rectification of all

the equipment / materials and to ensure their availability as per the requirement

without additional financial liability to the Owner.

8.13. The insurance should be in freely convertible currency and insurance policy to

be taken should be on replacement value basis and/or incorporating appropriate

insurance clause.

8.14. The Contractor shall follow local acts and laws as may be prevalent for

8.15. Remedy on Failure to Insurer

If Contractor shall fail to effect and keep in force the insurance for which it is

responsible under this clause 10, Owner may effect and keep in force any such

insurance and pay such premium as may be necessary from time to time and

deduct the amount so paid by Owner from any amounts due or which may

become due, under this Order.

8.16. Subcontractor Insurance

Unless Contractor's insurance covers its Subcontractors, Contractor shall require

all such Subcontractors providing equipment, materials or services directly to

Contractor or the supply/services/work to obtain, maintain and keep in force

during the time in which they are involved in the performance of Contractor's

insurance obligations hereunder.

8.17. Care of Works and Passing of Risk

The Contractor shall take full risk and responsibility for the care of the Scope of

supply/service/works from the commencement date until the final take over by

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8.18. For its risks and liabilities assumed hereunder, the Contractor shall, at it’s own

expense procure and maintain as a minimum, the insurances set out in this

Clause and ensure that they are in full force and effect throughout the currency

of the Contract. All such insurances (including insurances provided by

Subcontractors) other than Employers Liability Insurance/Workmen's

Compensation to the extent of the liabilities assumed by the Contractor under

the Contract, include the Owner (defined as “GSEG”), their respective officers,

directors employees, agents and other persons with whom COMPANY may be

associated, and their JV Partners and), Co-Venturers (Joint Venture partners of

GSEG) , its and their respective affiliates and the Government of India as

additional insured and, shall be endorsed to provide that underwriters waive any

rights of subrogation against the Owner, Co-Venturers, its and their respective

affiliates and the Government of India in relation to the Contract.

8.19. The provisions of this Clause shall in no way limit the liability of the Contractor

under the Contract. All such insurances shall be placed with reputable and

substantial insurers acceptable to the Owner.

8.20. Contractors Insurances shall be primary to, and receive no contribution from

Owner insurances. If the Contractors neglects, fails, or refuses to obtain or

maintain insurances required to be effected, or fails to provide certification etc.,

the Owner has the right to procure and maintain policies at Contractor’s expense.

8.21. The Contractor shall be responsible for and shall save, indemnify, defend and

hold harmless GSEG, Joint Venture partners of GSEG, their respective officers,

directors employees, agents and other persons with whom Owner may be

associated from and against all claims, losses, damages, costs (including legal

costs) expenses and liabilities in respect of:

8.21.1. Loss of or damage to property of the Contractor whether owned, hired, leased

or otherwise provided by the Contractor arising from or relating to the

performance of the Contract,

8.21.2. Personal injury including death or disease to any person employed by the

Contractor arising from or relating to the performance of the Contract.

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8.22. Prior to commencement of services hereunder or within 7 days of issue of LOA,

Contractor shall deliver to Owner certificate(s) (i) evidencing the issuance of

insurance containing the coverage required herein and (ii) providing that

insurance shall not be cancelled or materially change without thirty (30) days

prior written notice to the Owner. Commencement or performance of services

without delivering the certificates of insurance shall not constitute a waiver of

contractor’s obligation to provide the required coverage.

8.23. All consequences of occupational accidents or illness Employer’s Liability

Insurance, in such amounts as may be required by the laws of India or any other

country or political subdivision thereof applicable to any employee engaged in

performance of the work; as per regulations, extended to cover benefits provided

under maritime law, if applicable. Contractor has the obligation to comply with

Indian Social Security laws and regulations.

8.24. Commercial or comprehensive General Liability Insurance, including coverage

for contractual Liability to cover liability under this Order, in the amount of

Rs.10 Lakhs combined single limit each occurrence with an aggregate limit of

Rs. 10 Lakhs for bodily injury and property damage. The coverage should

provide insurance for any incident or series of incidents covering the operations

of the Contractor in the performance of the Contract. If Contractor’s Liability

Insurance is written on a “claims made” form it must provide for (i) a retroactive

date prior to, or coincident with, the commencement of service under this

contract and (ii) a minimum extended claims reporting period of one (1) year.

This policy shall include Company and its directors, officers, employees and

agents as additional insured.

8.25. As this Rate Contract includes structural work, it may be required to work at

highest point of the plant (approx. 75 meter) along with tools and tackeles,

Contractor shall procure all necessary insurance for the same. Owner is not

responsible for any consequences thereof due to mishap/ accident.

8.26. Personal Accident and Medical Insurance for each of Contractor’s Personnel

valid for the area(s) in which Work is to be performed and for any travel for any

period(s) during which Work is being performed. This insurance should include

cover for all hospital and medical costs, and all costs for repatriation.

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8.27. Unless otherwise specified elsewhere in the contract, Contractor shall carry or

cause to be carried insurance covering all Contractor’s Equipment against loss

or damage at all times. However, Contractor reserves the right to self-insure its

8.28. The Contractor shall save, indemnify, defend and hold harmless the Owner from

and against any claim of whatever nature arising from property and equipment

of the Contractor.

8.29. Contractor hereby waives its right of subrogation against the additional insured

and shall cause its insurers to waive their rights of subrogation against the

additional insured.

8.30. With respect to insurance coverage maintained hereunder by contractor and

insurance coverage separately obtained by the additional insured, all insurance

coverage afforded by policies of insurance maintained by contractor shall be

primary insurance as such coverage apply to the additional insured to the extent

of liabilities assumed under this contract, and such insurance coverage

separately maintained by the additional insured shall be excess insurance.

8.31. Where use of subcontractors has been approved by the Engineer, Contractor

shall require all such subcontractors to obtain, maintain, and keep in force during

the time in which they are engaged, adequate insurance coverage and furnish

Company acceptable evidence of such insurance upon request. Any deficiencies

in such coverage shall be the sole responsibility of the Contractor.

8.32. No form of contractor liability self insurance, including but not limited to

insuring with a parent, subsidiary, or affiliate organization, is acceptable or

allowable under the terms of this contract, unless agreed to by Company prior

to commencement of services hereunder.

8.33. Contractor assumes full responsibility for the insurance or self insurance over

his personnel, assets, machinery and equipment, including third party to be used

in the performance of this Order. Therefore, except as otherwise provided

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herein, any damage or injury suffered due to a total or partial loss to such assets,

machinery and equipment will be at Contractor’s expense. Contractor must

insure for full replacement value of any and all equipment used in performing

8.34. All exclusions and indemnities given under this Section shall apply irrespective

of cause and notwithstanding the negligence, breach of duty (whether statutory

or otherwise) or other failure of any nature of the indemnified party or any other

entity or party and shall apply irrespective of any claim in tort, under contract or

otherwise at law.

8.35. Fire Insurance

8.35.1. Unless otherwise instructed by the Owner, the Contractor shall on acceptance

of the Order, insure the works and keep them insured until the completion of

the supply/services/works under this Order against loss or damage by fire with

a insurance company to be approved by the Owner, in the joint names of the

Owner and the Contractor for such amount. The Contractor shall deposit the

policy and receipts for the premiums with the Owner within twenty-one days

from the date of LOA unless otherwise instructed by the Owner. In default of

the Contractor not insuring as provided above, the Owner on his behalf may

so insure and may deduct the premiums paid from any money due, or which

may become due to the Contractor. The Contractor shall, as soon as the claim

under the policy is settled, or the work reinstated by the Insurance Office

should they elect to do so, proceed with all due diligence with the completion

of the works in the same manner as though the fire had not occurred and in all

respects under the same conditions of the Order. The Contractor, in case of

rebuilding or reinstatement after fire, shall be entitled to such extension of time

for completion, as the Owner may deem fit.

8.35.2. Notwithstanding the above, the Contractor shall provide adequate portable fire

extinguishers in his work area and take all adequate precautions against fire

hazard and train regularly his supervisors/workmen in fire fighting techniques.

Owner may terminate any part of the supplies/services/works or all remaining

supplies/services/works hereunder at any time upon at least 15 days' prior written

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notice to Contractor specifying the part of the supplies/services/works to be

terminated and the effective date of termination. Upon receipt of such notice,

Contractor shall promptly initiate steps to stop performance of the terminated

supplies/services/works (except those obligations necessary for the care or

preservation) and shall order and commence demobilisation with regard to the

terminated supplies/services/works. In the event of a partial termination,

Contractor shall continue to execute that part of the services not terminated.

10.1. Suspension by Contractor

10.1.1. If, in the opinion of the Engineer, the Contractor has

prevented/suspended/slowed down the work or Contractor has neglect or fail

to perform as per the Order, the Engineer can give ‘notice in writing’ to the

Contractor requiring that the work to be proceeded within a reasonable

manner. If within seven days after such notice, Contractor fail to proceed with

the works as therein prescribed, the Owner may either terminate the Order or

proceed for as follows:

10.1.2. After giving 7 days notice of non-performance to the Contractor, Owner shall

be at liberty to remove items or part of the scope of the works of this contract

and get the same executed by third party at the Contractor’s risk and cost. The

Owner shall have the right to recover the cost difference between the actual

amount spent by the Owner in getting these works executed by third party and

the amount that would have been payable to the Contractor at the quoted rates

of this contract.

10.2. Suspension by the Owner

10.2.1. Owner may elect to suspend completion of all or any part of the

supplies/services/work hereunder upon at least fifteen days prior written notice

to Contractor indicating:

10.2.1.1. The portion of the supplies/services/works the completion of which Owner

has elected to defer;

10.2.1.2. Owner's estimate of the duration of such suspension; and

10.2.1.3. The effective date of such suspension of the supplies/services/works.

Upon receipt of and consistent with the effective date of such notice, Contractor

shall stop obligations or supplies/services/works (except those obligations

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necessary for the care or preservation of supply/work) which Owner has elected

to defer and shall continue to complete obligations for balance

supplies/services/works. If by virtue of the such suspension, other than the

result of Contractor’s default or breach of the Contract, the Contractor’s

performance of any of obligations for supplies/services/works is suspended for

a period of more than 15 (fifteen) days, then at any time thereafter and provided

that at that time such performance is still suspended, the Contractor may give a

notice to the Owner that the Owner shall, within seven days of receipt of the

notice, order resumption of such performance or request and subsequently order

a variation in the Order hereof. Owner shall then issue a variation Order for the

reasonable increase in cost on account of the suspension. Contractor shall keep

the care, custody and control of the site or part thereof during any suspension

under this Section. At the end of an aggregate period of 60 days, the Contractor

shall be entitled to terminate the Order and Owner shall pay to Contractor such

amounts for the completed supply/services/works.

10.2.2. The Owner shall not be required to issue any such variation order and no

adjustment to the scheduled completion dates, the Contract Price, the terms of

payment or the performance guarantees shall be made if such suspension was

due solely to Contractor's negligence, wilful misconduct or material non-

compliance with the terms of this Order, as applicable.

Both Party agrees to hold and preserve in confidence for a period commencing

with the date hereof and ending five years from the date of final completion of

supply/services/work except as may be necessary to obligations for supplies or

for perform the services hereunder, any information supplied to it by the other

Party and designated in writing as confidential or which by its nature can be

inferred to be confidential. The provisions of this clause shall not apply to

information within either of the following categories: (1) information that was in

the public domain prior to a Party's receipt thereof or which subsequently becomes

part of the public domain by publication or otherwise except by the receiving

Party's wrongful act or (2) information that the receiving Party can show was in

the receiving Party's possession prior to its receipt thereof through no breach of

any confidentiality obligation. Neither Party shall publish the terms and

conditions of this Order or project technical information, unless the other Party

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provides its express prior written consent thereto however either Party shall be

permitted to disclose such information as such Party is required to disclose

pursuant to Applicable law. No person shall be permitted access to the site, except

as provided in this Order or as otherwise agreed by the Parties.

12. Site Condition Confirmation

12.1. Contractor acknowledge that prior to the execution of this Order, Contractor (a)

has made a careful examination of the site, including immediately surrounding

areas and (b) has made a careful examination to assess the difficulties incident

to the obligations for supplies/services/works hereunder, including without

limitation (i) the location of the site, (ii) the existing condition of the site and the

immediately surrounding area, (iii) the conditions of the roads, waterways and

railroads in the vicinity of the Facilities Site, including the conditions affecting

transportation, access, disposal, handling and storage of materials, (iv) the

labour conditions in the region of the site, (v) the local weather conditions, and

(vi) all other matters that might affect Contractor's performance and Contractor

will not request a variation or make any claim as a result of any of the above

conditions of which it has knowledge as of the date of this Order.

12.2. The Contractor shall inspect, examine and obtain all information and satisfy

himself regarding all matters and things such as right of way, surface and sub-

surface water conditions to be encountered, the character of equipment and

facilities needed for the execution of work; the location and suitability of all

construction materials, the quantities of various sections of the work and local

labour conditions relating to the execution and maintenance of the works to be

carried out under the Contract or any hindrances or interference’s to or with

construction and maintenance of the works from any cause whatsoever

including any other operation of works, which may or will be carried out on

or adjacent to the site of the works under the Contract and shall make

allowance for all such contingencies in the Contract Price and shall not

raise any claims or objections against the Owner in any of such matters as

mentioned above.

12.3. The acceptance of the order or making of a Contract will be construed as

evidence that such an examination was made and later claims for labour,

equipment or materials required for difficulties encountered will not be allowed.

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12.4. Any record of subsurface condition, water records and other observations which

may have been made by the Owner have been made with reasonable care and

accuracy. Such records may be made available to the Contractor for his

information, if available, but there is no expressed or implied guarantee, as to

the accuracy of the records nor any interpretation of them. The Contractor shall

recognize this and form his own opinion of the character of the materials to be

encountered or excavated, from an inspection of the ground and put his own

interpretation on records.

12.5. The prices quoted/agreed by the Contractor shall be based on his own knowledge

and judgment of the conditions and hazards involved and not upon any

representation of the Owner/Engineer.

13. Dispute Resolution

13.1. Informal Dispute Resolution

By mutual agreement between the Managing Directors of both the Parties.

13.2. Arbitration

In the event the Parties are unable to resolve any dispute in accordance with

Section 13.1, such Dispute shall be referred to and exclusively and finally be

resolved by arbitration in accordance with the Arbitration and Conciliation Act,

1996 and the rules framed there under.

13.3. The arbitration shall be conducted in Gandhinagar/Ahmedabad.

13.4. The language to be used in the arbitration shall be the English language

exclusively and any award shall be made in the English language only.

13.5. The existence of any such disputed and/or proceedings shall not constitute a

reason for the suspension or stoppage of work under the Contract and the

Contractor shall proceed diligently and in a manner as if no such dispute/

proceedings have been taken place. Simultaneously, no undisputed payments

due or payable by the Owner shall be withheld on account of such proceedings.

14. Contractor's Representations and Warranties

Contractor represents and warrants that:

14.1. Contractor is a company duly organized, validly existing and in good standing

under the laws of India and the execution, delivery and performance of this

Order have been duly authorized by all requisite corporate action and will not

violate any provision of any governmental agency, rule, regulation, statute or

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ordinance, or violate any provision of its charter or bylaws or any indenture,

14.2. Contractor is not in violation of any applicable law or any other law, statute,

order rule or regulation promulgated, or judgement entered by any national, state

or local governmental agency that for either an individual violation or for a

number of violations in the aggregate, would adversely affect its ability to

perform its obligations under this Order.

14.3. Contractor is, or will be, the holder of all national, state, local or other applicable

permits required to conduct its business.

14.4. Except as otherwise disclosed in writing, Contractor is not a party to any legal,

administrative, arbitral, investigative ( to the best of its knowledge), or other

proceeding or controversy pending or, to the best of its knowledge, threatened,

which would adversely affect its ability to perform under this Order.

14.5. Contractor has obtained, or has no reason to expect that it will not in due course

and without undue delay obtain, all of the approvals, certificates, permits and

licenses with respect to any governmental agency, or any department or agency

thereof, necessary, required or appropriate in connection with the

supply/services/works at site.

15. Miscellaneous

15.1. Ownership of Documents

Contractor agrees that all Design Documents and other documents prepared by

Consultant used in obligations for Supplies or for the performance of the

Services hereunder (other than any Design Documents or other documents

pertaining exclusively to Contractor's machinery, equipment other proprietary

processes incorporated into the Facilities) shall be the exclusive property of

Owner. Contractor agrees that all such documents, as well as any drawings,

tracings, specifications, calculations, memoranda, data, notes and other

materials that are supplied by Owner and come into the possession of

Contractor, shall be delivered to Owner at the earlier of Acceptance or

termination of the Supplies or Services hereunder.

15.1.1. Use of Drawings by Contractor

Contractor shall be entitled to retain and use solely and specifically in

connection with the Supplies or Services hereunder a reproducible set of all

Design Documents and other documents delivered to Owner by Contractor in

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accordance with this Article

15.1.2. Ownership Of Drawing

All drawings, specification and copies thereof furnished directly by the Owner

or through its Architect are the exclusive property of the Owner. They are not

to be used on other work, and with the exception of the signed contract set, are

to be returned to the Owner on completion of the work.

15.2. Delay not Waiver

It is understood and agreed that any delay, failure or omission by Owner or

Contractor to exercise any right or power arising from any breach or default by

Contractor or Owner in any of the terms, provisions or covenants of this Order

shall not be construed to be a waiver by Owner or Contractor of any subsequent

breach or default of the same or other terms, provisions or covenants on the part

of Contract it or Owner.

15.3. Title to all Supplies, materials and the Services to be incorporated shall pass to

Owner upon receipt of the amount claimed as progress payments for such

portions of the supplies/Services/works. Said transfer of title shall in no way

affect Owner's rights as set forth in any other provision of this Order. For the

purpose of protecting Owner' s interest in all materials, equipment, tools and

supplies with respect to which title has passed to Owner pursuant to this section

but which remain in possession of Contractor or any Subcontractors, Contractor

shall take or cause to be taken an steps necessary under the laws of the

appropriate jurisdiction(s) to protect Owner's title and to protect Owner against

claims by other parties with respect thereto in accordance with the, terms of this

15.4. All notices, manuals, design documents and other writings and communication

required pursuant to this Order shall be in the English language.

15.5. This Order shall become effective on the date this Order has been

unconditionally accepted by the Contractor.

This being a turnkey contract considering expertise, experience and

resourcefulness of the Contractor, all the services for the comprehensive Services

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shall be provided by the Contractor. The rights and liabilities of the Contractor

shall not be assigned or transferred by them.

17. Term of contract

The contract shall remain valid from date of issuance of purchase order till

completion of warranty period as mentioned in the tender document.

18. Governing Law

The Order shall be governed by Law of India. The Gandhinagar / Ahmedabad

courts shall be the exclusive jurisdiction. In case of the arbitration, the place of

Arbitration shall be Gandhinagar/ Ahmedabad.

19. Effective Date

This order will be effective only after receipt of unconditional acceptance of the

20. Work Permit

The Contractor shall work in the plant premises only after taking written work

permit form GSEG or their representatives available at plant site.

21. Change in Law

Change in Law means, event of enactment, bringing into effect by any

Governmental Instrumentality or statutory authority for taxes, duties charges,

levies, etc. results in any change with respect to any tax or surcharge or cess

levied or similar charges on the final product to be sold to GSEG.

In case of Change in Law as defined above, results change in the Seller's selling

price of final product, to the Owner; it shall be accordingly increased or

The Seller shall provide with a certificate stating that the adjustment in the

selling price of the final product is directly as a result of the Change in Law and

shall provide supporting documents to substantiate the same and such

certificate shall correctly reflect all increases or decreases till the date of such

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1. Scope of Work

The scope of work covered in general comprises Rate Contract for Concertina

Coil Fencing and associated work at GSEG Boundary wall / construction works,

and any development works during the contract period like excavation,

concreting, barbed wire fencing, plastering, fabrication of structural item, etc. as

per specifications, nomenclature of Schedule of Rates and as directed by

Engineer-in-charge at GSEG Hazira plant..

Contractor shall carryout the work as given in tender documents within provided

time period for particular job and the works shall conform to high standards of

engineering, design, workmanship, quality, proper line, level and as directed by

Engineer-in-charge.

Contractor shall nominate at adequate supervisors to receive day to day civil work

requirements from Engineer-in-charge. Supervisors will co ordinate with user

department to ascertain their exact requirement and location of work. They will

be responsible for mobilization of manpower, materials, tools & tackles and other

required resources to carry out the work as per requirement and also responsible

to take field measurements, mentioning SOR item no. & exact work location,

jointly with supervisor of GSEG in measurement register on daily basis and shall

submit the register to the Engineer in-charge for their verification on every week.

It is not the intent to specify herein all the works in the scope of this contract. The

scope also includes all works necessary, which are not specifically mentioned here

but required, for completion of entire scope of work in all respect within time

bound period and are deemed to be included in the scope of the CONTRACTOR.

All works shall conform to the specification. The works shall conform to high

standards of quality and workmanship.

There may be any upper or lower variation in the quantities of individual items as

required for execution, based on condition of Concertina Coil Fencing and

associated work at GSEG Boundary wall during the execution, as per

recommendation and approval of O&M engineer or engineer in charge but this

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variation should be within limit of overall value of Contract and Final total value

of work executed under this contract shall not be enhanced.

The quantities of the various works to be done under this Contract which have

been estimated and are set forth in the Schedule of Quantities and Rates are the

best available, but may not be accurate in any or all particulars and are only for

the purpose of comparing on a uniform basis the bids offered for the work under

this Contract. Even, items may be omitted or deleted.

This contract is based on item rates only, irrespective of any fixed quantity. The

rates quoted by the Bidder in the schedule of rates shall remain firm irrespective

of any variation in the quantities of individual items of work. Contractor shall

perform the work as per the actual requirement conveyed by Engineer-in-charge

of GSEG from time to time as per the item specifications mentioned in SOR.

The Contractor agrees that GSEG shall not be held responsible if any of the said

estimated Quantities should be found to be not even approximately correct in the

Concertina Coil Fencing and associated work at GSEG Boundary wall and that

he will not at any time dispute or complain of such statement nor assert that there

was any misunderstanding in regard to the character, size and type of work to be

done or the kind or amount of the materials to be furnished or work to be done.

Further, the Contractor shall make no claim for anticipated profits, for loss of

profit or for damage because of a difference between the quantities of the various

kinds of work to be done or materials actually delivered and the estimated

quantities set forth by GSEG. Also, no price escalation shall be considered for any

increase or decrease in the quantity of items.

Contractor’s offered rates should be in such a manner that he shall execute any or

all the items for any quantity throughout the contract period as per the time to time

instructions of Engineer-in-charge of GSEG with ensuring timely completion of

particular job as per the priority decided by Engineer-in-charge by providing

sufficient resources timely.

2.1 The quantities mentioned against each item in the schedule of rate attached

with the Concertina Coil Fencing and associated work at GSEG Boundary wall

are for the approximate for estimation purpose. The work shall be carried out as

per the actual requirement at the site without any limitation of the quantity

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mentioned against each item in Concertina Coil Fencing and associated work at

GSEG Boundary wall. However, the total value of work order shall not be

exceeded the total contract value.

3. Contract Price

Contractor shall also responsible to complete the particular job up to entire

satisfaction of Engineer-in-charge and not left with partially completed work

which is started during contract and the contractor shall complete even after

completion of contract period, at the same rates, terms and conditions of contract.

The awarded item rates shall be as per the schedule of rate. The item rates remain

firm & unchanged till completion of the contract and any agreed extensions

thereafter and shall not be subject to any escalation, idle charges for labour,

machinery, overhead expenses etc. The quantum of work for individual item may

be up to any extent depending upon requirements; however, item rate remains

unchanged. Under this rate contract, contractor has to execute all work as

instructed & informed by concerned Engineer-in-charge.

The rates shall include cost of all materials, skilled and/or unskilled labour,

supervisors, insurance, safety PPEs, staging, shuttering & scaffolding materials,

survey works, transportation, loading, unloading, equipment, machinery, Road

Roller, Concrete Mixer machine, Concrete vibrators, water tanker, JCB, etc. all

consumables like but not limited to petrol, diesel, oil, gas, etc, power cables,

power supply extension boards, sockets, all the required tools & tackles,

Royalties, Rents, Excise duty, Sales Tax, GST , Stamp Duties, Central or State

Government or Local body or Municipal Taxes or Duties, Turn over Tax, Work

Contract Tax, legal & statutory compliance, etc and such other costs that are not

specifically mentioned herein but will be incurred by the contractor for the

satisfactory and timely completion of the works.

The quoted rates shall be deemed to include for everything mentioned in the

specifications, all leads & lifts, contractor’s overheads & profits for due

performance of the work under this contract and such other costs that are not

specifically mentioned herein but will be incurred by the contractor for the

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satisfactory and timely completion of the work. The rates shall also include cost

for mobilization / demobilization of equipments, materials, manpower, etc.

The rates shall be firm for entire contract period and also during extension period,

if required, and shall not be subject to any escalation in any prices, idle charges

for labour, machinery, overhead expenses, etc. due to non issue of work permit or

due to not handing over of front or for any reason whatsoever. Price escalation

and/or idle charges shall not be entertained or allowed due to any reason

4. Facilities To Be Provided By The GSEG

Construction water shall be made available free of charges at any one point in

GSEG premises as convenient to GSEG. Contractor shall make his own

arrangements for drawl and distribution to the work site. However, contractor

shall arrange necessary equipment such as pipes, elbows, plumber, tractor with

tanker and other items required to draw construction water. However, before

drawl of such water, contractor shall take prior permission of the same. Water

supply is not guaranteed by owner. In case owner’s water supply is not available,

contractor will make his own arrangements at no extra cost to owner.

Construction power limited to a maximum extent of 5 HP shall be made available

free of charges at any one point nearer to work site as convenient to GSEG.

Contractor shall make his own arrangements for drawl and distribution to the work

site. However, contractor shall arrange necessary equipment such as cables,

switch board, panels, starter and other items required to draw construction power.

However, before drawl of such energy, contractor shall take prior permission of

the same. Power supply is not guaranteed by owner. In case owner’s power supply

is not available, contractor will make his own arrangements at no extra cost to

Apart from the above, no other facilities shall be made available by GSEG and it

would be the responsibility of contractor to arrange for all other inputs for

satisfactorily completion of the work within the time limit. The power to be

provided shall be as per availability and GSEG shall not be responsible for any

interruptions, idle labour etc. due to delay or whatsoever reason. Contractor shall

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provide necessary facilities, including accommodation, food & daily

transportation for their labour at their own cost.

5. Mobilization And Execution

Contractor has to mobilize the resources at site within 10 days from the time of

intimation given by GSEG. The resources required for execution of above jobs

will vary from time to time, hence contractor shall mobilize the resources

accordingly. Contractor should be able to arrange required resources during

shutdown/breakdown or in case of emergencies within eight hrs. In case of

breakdown or shut down, the contractor should work round the clock if required.

Contractor has to follow instruction of GSEG representative for stoppage of work

and restart of job at any point of time during the execution based on the

requirement of plant or security reasons and in such case Contractor is not liable

to demand any remobilization or demobilization charges.

6. Work In Monsoon & Dewatering

The Concertina Coil Fencing and associated work at GSEG Boundary wall may

entail working in the monsoon also. The contractor must maintain an agreed

minimum labour force as may be required for the job and plan and execute the

construction and erection according to the prescribed schedule. No extra rate

will be considered for such work in the monsoon. During monsoon and other

periods, it shall be the responsibility of the contractor to keep the construction

work site free from water at his own cost by installing dewatering pumps etc.

However, The time period exclude the non-working periods during monsoon

but includes festivals, and the period of commencement.

7. Measurement & Daily Reports

All the items shall be measured as finished work as per the item nomenclature and

accordance with IS practice. For any dispute regarding measurement, the decision

of Engineer-in-charge shall final and binding to the contractor. The contractor

shall be required to furnish satisfactory job completion report and joint record of

measurements to GSEG. Preparation & submission of report should be on daily

basis. In the RA bills, payment shall be released, based on the joint measurement

records of the works.

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8. Specific Requirement

Contractor shall possess all required good quality machineries like Tractor with

trolley, Hand carts, Concrete Vibrators, compactor, dewatering pumps, Concrete

Breaker machines, etc. and shall deploy for this work exclusively during the

contract period.

For proper maintenance of the plant, the contractor is also required to maintain a

set of tools & tackles in good working condition at site. The contractor shall note

that if any additional tools & tackles are required for proper performance of the

contract, the contractor shall also arrange the same immediately with no extra cost

The bidder is advised to visit the GSEG, Hazira Plant to study the actual working

conditions, before submitting their offer. The bidders shall examine the site of

works and its surroundings and obtain for himself at his own responsibility all

information that may be necessary for preparing the bid and entering into a

contract. All costs and liabilities arising out of the site visit shall be at bidder’s

account. No deviation is accepted regarding this tender in case of bidder not visit

Any error in description or quantity or omission in the contract document shall

not vitiate the contract or release the contractor from executing the work

comprised in the contract according to drawings and magnitude of the works and

requirement of materials, equipment, tools and labour, etc., and as to what all

works he has to complete in accordance with the contract documents irrespective

of any defects, omissions or errors that may be found in the contract documents.

10.Inspection And Test On Completion

Contractor shall furnish without additional charge promptly all facility, labour and

material necessary for safe and convenient inspection of material/work during the

progress of work for all inspection by engineer/owner. On completion of work and

not later than expiry of the maintenance period thereafter, the engineer shall make

such examination and tests of the work as may be deemed to be possible, necessary

or desirable like hydraulic testing of all water retaining structure as per relevant

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IS codes at no extra cost to the owner. In case such tests/examinations fail to

fulfill the requirements of relevant IS a code contractor shall rectify the same by

technically acceptable methods like injection of cement slurry into the areas found

to be defective by slurry injection technique or any other method as may be

decided by the engineer-in charge.

11.Rejected Work

The contractor shall dismantle/remove rejected work or/and materials

immediately upon issue of instructions in writing from owner/engineer. In case of

non-compliance of the same by the contractor, owner will have the right to

demolish/remove such works and/or materials at the cost and risk of contractor

through other agency/agencies.

12.Concrete And Allied Works

12.1.1. This specification covers the general requirements for concrete using on-site

production facilities including requirements in regard to the quality, handling,

storage of ingredients, proportioning, batching, mixing, transporting, placing,

curing, protecting, repairing, finishing and testing of concrete; formwork;

requirements in regard to the quality, storage, bending and fixing of

reinforcement; as well as mode of measurement and payment for completed

12.1.2. It shall be very clearly understood that the specifications given herein are brief

and do not cover minute details. However, all works shall have to be carried

out in accordance with IS: 456 and other relevant standards and codes of

practices or in their absence in accordance with the best accepted current

engineering practices or as directed by ENGINEER from time to time. The

decision of ENGINEER as regards the specification to be adopted and their

interpretation and the mode of execution of work shall be final and binding on

CONTRACTOR and no claim whatsoever will be entertained on this account.

12.2. Applicable Codes And Specifications

12.2.1. The following specifications, standards and codes, including all official

amendments/revisions and other specifications & codes referred to therein,

should be considered a part of this specification. In all cases the latest

issue/edition/revision shall apply. In case of discrepancy between this

specification and those referred to herein below or other specifications

forming a part of this bid document, this specification shall govern.

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12.2.2. Materials

12.2.2.1. IS: 8112 Specification for 43 grade ordinary Portland cement.

12.2.2.2. IS: 12269 Specification for 53 grade ordinary Portland cement.

12.2.2.3. IS: 383 Specification for coarse and fine aggregates from natural sources

12.2.2.4. IS: 432 (Parts 1 & 2) Specification for mild steel and medium tensile steel

bars and hard-drawn steel wires for concrete reinforcement.

12.2.2.5. IS: 1786 Specification for high strength deformed steel bars and wires for

concrete reinforcement.

12.2.2.6. IS: 4990 Specification for plywood for concrete shuttering work.

12.2.2.7. IS:1489 Specification for Portland pozzolona cement

12.2.3. Material Testing

12.2.3.1. IS: 4031 (Parts 1 to 15) Methods of physical tests for hydraulic cement.

12.2.3.2. IS: 4032 Method chemical analysis of hydraulic cement.

12.2.3.3. IS: 650 Specification for standard sand for testing of cement.

12.2.4. Concrete Testing

12.2.4.1. IS.1199 Method of sampling and analysis of concrete.

12.2.4.2. IS: 516 Method of test for strength of concrete.

12.2.4.3. IS: 9013 Method of making, curing and determining compressive strength

of accelerated cured concrete test specimens.

12.2.5. Codes Of Practice

12.2.5.1. IS: 456 Code of practice for plain and reinforced concrete.

12.2.5.2. IS: 2502 Code of practice for bending and fixing of bars for concrete

12.2.6. Construction Safety

12.2.6.1. IS.3696 (Parts 1& 2) Safety code for scaffolds and ladders.

12.2.6.2. IS: 7969 Safety code for handling and storage of building materials.

12.2.6.3. IS: 8989 Safety code for erection of concrete framed structures.

12.2.7. Measurement

12.2.7.1. IS: 1200 – Method of measurement of building and engineering works.

12.3.1. ENGINEER shall have the right at all times to inspect all operations including

the sources of materials, procurement, layout and storage of materials, the

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concrete batching and mixing equipment, and the quality control system. Such

an inspection shall be arranged and ENGINEER's approval obtained, prior to

starting of concrete work. This shall, however, not relieve CONTRACTOR of

any of his responsibilities. All materials, which do not conform to this

specification, shall be rejected.

12.3.2. Materials should be selected so that they can satisfy the design requirements

of strength, serviceability, safety, durability and finish with due regards to the

functional requirements and the environmental conditions to which the

structure will be subjected. Materials complying with codes/standards shall

generally be used. Other materials may be used after approval of the

ENGINEER and after establishing their performance suitability based on

previous data, experience or tests.

12.4. Materials

12.4.1.1. Cement shall be 43 grade / 53 grade ordinary portland cement conforming

to IS:8112/ IS:12269 or portland slag cement conforming to IS:455 or

portland pozzolona cement conforming to IS:1489.

12.4.1.2. Only one type of cement shall be used in any one mix. The source of supply

type or brand of cement within the same structure or portion thereof shall

not be changed without approval from ENGINEER.

12.4.1.3. Cement, which is not used within 90 days from its date of manufacture,

shall be tested at a laboratory approved by ENGINEER and until the results

of such tests are found satisfactory, it shall not be used in any work.

12.4.2. Aggregates (General)

12.4.2.1. Aggregates shall consist of naturally occurring stones (crushed or

uncrushed), gravel and sand. They shall be chemically inert, strong, hard,

clean, durable against weathering, of limited porosity, free from dust/silt/

organic impurities/deleterious materials and conform to IS:

Aggregates such as slag, crushed over burnt bricks, bloated clay ash,