TENDER FOR SUPPLY, ERECTION, TESTING AND COMMISSIONING OF ELECRRIC MOTOR DRIVEN CNG LOW PRESSURE COMPRESSOR

applicable) and total price of the supply / works it proposes to execute under the contract.

If quoted in separate typed sheets and any variation in item description, unit or quantity is

noticed, the bid is liable to be rejected.

21.2 Bid quoted for part scope is liable to be rejected.

21.2.1 Prices quoted by the bidder, shall remain firm, fixed and valid until completion of the

contract and will not be subjected to any variation, except statutory variation (as specified

in Bid document.)

21.2.2 All corrections and alterations in the entries shall be signed in full by the bidder with date.

No erasures or over-writings are permissible.

21.2.3 Bidder shall quote the all inclusive prices as per scope of work and SOR, taking into

consideration all applicable taxes, duties, overheads, provision of safety gadgets to their

personnel, transportation, conveyance, trainings, recruitments, communication charges,

cost for providing tools & tackles, equipment, machineries, minimum spares, etc. and

nothing extra shall be payable by the Purchaser.

22 PERIOD OF VALIDITY OF BIDS

22.1.1 The bid shall remain valid for 3 months from the bid due date. Purchaser may reject a bid

which is valid for a shorter period being non-responsive.

22.1.2 In exceptional circumstances, prior to expiry of the original bid validity period, the Purchaser

may request that the bidder extend the period of bid validity for a specified additional

period. The requests and the responses thereto shall be made in writing (by fax/ post/ e-

mail). A bidder can refuse the request without forfeiture of his bid security. A bidder

agreeing to the request will not be required or permitted to modify his bid, but will be

required to extend the validity of its bid security for the period of the extension and in

accordance with ITB clause 24 in all respects.

23 BID SECURITY

23.1.1 Pursuant to IFB Clause No. 7, the bidder shall furnish, as part of his bid, bid security in the

amount specified in the Invitation for Bids.

23.1.2 The bid security is required to protect the Purchaser against the risk of bidder’s conduct

which would warrant the security’s forfeiture, pursuant to ITB Clause-

23.1.3 The bid security will be in Indian Rupees and shall be in the form of Demand Draft is to be

drawn in favor of Charotar Gas Sahakari Mandali Limited, payable at Anand.

23.1.4 Any bid not secured in accordance with ITB Clause 24 and the Purchaser as non-responsive

may reject ITB Clause 24.3.

23.1.5 Unsuccessful bidder’s bid security will be discharged/ returned, as promptly as possible but

not later than 30 days after the expiration of the period of bid validity prescribed by the

Purchaser, pursuant to ITB Clause-23.

23.1.6 The successful bidder’s bid security will be discharged upon the bidder’s accepting the

Order, pursuant to ITB Clause- 44 and furnishing the Contract Performance Guarantee

pursuant to ITB Clause-

23.2 The bid security may be forfeited:

23.2.1 If a bidder withdraws his bid during the period of bid validity.

23.2.2 In the case of a successful bidder, if the bidder fails:

i) to accept the Work Order in accordance with ITB Clause- 44 or

ii) to furnish Performance Guarantee in accordance with ITB Clause-

iii) to accept correction of errors pursuant to ITB Clause-

23.2.3 Bid Security must indicate the Bid Document number and the item for which the bidder is

quoting. This is essential for proper co-relation at a later date. The Bid Security in the form

of Bank Guarantee shall be as per the format provided in the Bid Document.

24 FORMAT AND SIGNING OF BID

24.1.1 The bidder shall prepare one original of the document comprising the bid as per clause

of ITB marked “original”.

24.1.2 The bid shall be typed or written in indelible ink and shall be signed by the person or persons

duly authorized to sign on behalf of the bidder. The name and position held by each person

signing must be typed or printed below the signature. All pages of the bid except any

catalogues / literatures shall be signed and sealed by the person or persons signing the bid.

24.1.3 The bid shall contain no alterations, omissions or additions, unless such corrections are

signed & sealed by the person or persons signing the bid.

25 ZERO DEVIATION

25.1.1 Bidder to note that this is a zero deviation tender. CGSML will appreciate submission of

offer based on the terms and conditions in the enclosed General Conditions of Contract

(GCC),Special Conditions of Contract (SCC), Instructions to Bidder (ITB), Scope of work,

technical specifications etc. to avoid delay in seeking clarifications on technical/commercial

aspects of the offer. Bids with any deviation to the bid conditions shall be liable for

26 DEADLINE FOR SUBMISSION OF BID

26.1.1 The Bid must be received by Purchaser (CGSML) at the address as specified in IFB but not

later than the time and date as specified in IFB.

26.1.2 The Purchaser may, in exceptional circumstances and at its discretion, on giving reasonable

notice by fax or any written communication to all prospective bidders who have been issued

the bid document extend the deadline for the submission of bids in which case all rights and

obligations of the Purchaser and bidders, previously subject to the original deadline will

thereafter be subject to deadline as extended.

27.1.1 Any bid received by the Purchaser after the deadline for submission of bid pursuant to

clause no. 18 of ITB will be declared “Late” and rejected and may be returned unopened to

the bidder at the sole discretion of the Purchaser.

28 MODIFICATION AND WITHDRAWAL OF BIDS

28.1.1 The bidder may modify or withdraw its bid after the bid submission, but, before the due

date of submission provided that written notice of the modification, including substitution

or withdrawal of the bid, is received by the Purchaser prior to the deadline prescribed for

submission of bids.

28.1.2 The bidder’s modification or withdrawal notice shall be prepared, sealed, marked and

delivered in accordance with the Bid document, with the outer envelopes additionally

marked “modification” or“ withdrawal” as appropriate. A withdrawal notice may also be

sent by fax/post, but followed by signed confirmation copy, post marked not later than the

deadline for submission of bids.

28.2 No bid shall be modified after the deadline for submission of bid.

28.2.1 No bid shall be allowed to be withdrawn in the interval between the deadline for submission

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

form. Withdrawal of a bid during this interval shall result in the bidder’s forfeiture of its bid

security, pursuant to clause 24.7 of ITB.

D. BID OPENING AND EVALUATION

29.1 The Purchaser will open all bids at the time, on the date and place (as specified in IFB).

29.1.1 The Bidder’s names, bid modifications or withdrawals, and the presence or absence of

requisite Bid Security (EMD) and such other details as the Purchaser, at its discretion, may

consider appropriate, will be announced at the opening. No bid shall be rejected at bid

opening, except for late bids, which shall be later returned unopened to the concerned

Bidder pursuant to ITB Clause

29.1.2 Bids (and modifications sent pursuant to ITB Clause 30) that are not opened and read out at

bid opening shall not be considered further for evaluation, irrespective of the

circumstances. Bidder’s specific attention is drawn to this stipulation to enable the

representative of the Bidder at the bid opening time to bring out to the attention for the

Purchaser any documents pertaining to its bid is not being acknowledged and relevant

portions read out.

29.1.3 The Purchaser will prepare a bid opening statement to be signed by all representatives

present during bid opening.

30 CLARIFICATION OF BIDS

30.1.1 During evaluation of the bids, the Purchaser may, at its discretion, ask the Bidder for a

clarification of its bid. The request for clarification and the response shall be in writing, and

no change in the prices or substance of the bid shall be sought, offered, or permitted.

31 CONTACTING THE PURCHASER

31.1.1 From the time of the bid opening to the time of the award, if any bidder wishes to contact

the Purchaser for any matter relating to the bid it should do so in writing.

31.1.2 Any effort by a bidder to influence the Purchaser in any manner in respect of bid evaluation

or award will result in the rejection of that bid.

32 PRELIMINARY EXAMINATION OF BIDS

32.1 Techno-Commercial Bid Evaluation

32.1.1 The Purchaser will examine the bids to determine whether they are complete, whether

required securities have been furnished, whether the documents have been properly signed

and whether the bids are generally in order.

32.1.2 Prior to the detailed evaluation, the Purchaser will determine whether each bid is of

acceptable quality, is generally complete and is responsive to the Bid Documents. For the

purpose of this determination, a responsive bid is one, which confirms to all the terms,

conditions and specification of the Bid document, without deviations, objections,

conditionality or reservations.

32.1.3 No deviation, whatsoever, is permitted in the Bid Documents and the price bids of those

bidders, whose technical and commercial bids contain any exception to the conditions and

stipulations of the Bid Documents may not be opened.

32.1.4 The Purchaser’s determination of bid responsiveness is to be based on the contents of the

bid itself without recourse to extrinsic evidence. If a bid is non-responsive, it may be rejected

by the Purchaser.

32.1.5 The Purchaser will carry out a detailed evaluation of the bids previously determined to be

responsive in order to determine whether the technical aspects are in accordance with the

requirements set forth in the Bid documents. In order to reach such a determination, the

Purchaser will examine and compare the technical aspects of the bids on the basis of the

information supplied by the bidders, taking into account the following factors :

34.1.5.1 Overall completeness and compliance with the Technical Specifications, quality functions

and operations of any process control concept included in the bid. The bid that does not

meet minimum acceptable standard of completeness, consistency and detail will be

rejected as non-responsive.

34.1.5.2 Any other relevant factor, if any that the Purchaser deems necessary or prudent to be

taken into consideration.

34.1.5.3 Requisite forms contain all necessary information stipulated in the Bid Document.

33 REJECTION CRITERIA

33.1.1 Minor unconformities may be neglected and/or bidders may be required to rectify such

minor unconformities.

33.1.2 The provisions of the following clauses of the Bid document must be adhered to, failing

which the bid shall be considered as non-responsive and shall be summarily rejected:

33.1.3 Bid Security (EMD) i.e. non-submission, shorter Value (EMD) or Bid Security (EMD) not

complying with the specified requirements.

33.1.4 Submission of Contract Performance Bank Guarantee as per tender.

33.1.5 Period of validity of bid.

33.1.6 Firm & fixed Prices throughout execution of contract

33.1.7 Offer for complete scope of work

33.1.8 Warranty and guarantee for work executed/ defect liability

33.1.9 Resolution of Dispute/ Arbitration clause.

33.1.10 Payment terms.

33.1.11 Validity of Contract.

33.1.12 Prices as per Schedule of Rates.

33.1.13 Price reduction schedule provisions.

33.1.14 Penalty provisions

33.1.15 Documents pertaining to PF Registration and Service Tax Registration

34 OPENING OF PRICE BID

34.1.1 In case of two-part bidding, the Bidders whose bids found substantially responsive shall be

invited to attend the opening of price bid. Such bidders may be required to attend the price

bid opening at a short notice. The place, date and time of price bid opening will be informed

to all such Bidders. The Bidders’ representatives who are present shall sign a register

evidencing their attendance.

price bid opening.

35 ARITHMETIC CORRECTIONS

35.1.1 The bids will be checked for any arithmetical errors as follows if any, will be rectified on the

following basis:

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

multiplying the unit price and quantity, the unit price shall prevail, and the total price shall

35.1.3 If there is a discrepancy between words and figures, the amount in words will prevail;

35.1.4 If the bidder does not accept the correction of errors, its bid will be rejected and the bid

security will be forfeited.

36 EVALUATION AND COMPARISON OF BIDS

36.1.1 The offers shall be evaluated to arrive at the lowest evaluated price for the complete scope

37 POST-QUALIFICATION

37.1.1 In the absence of pre-qualification, the Purchaser will determine to its satisfaction whether

the Bidder that is selected as having submitted the lowest evaluated responsive bid is

qualified to perform the contract satisfactorily, in accordance with the criteria listed in ITB.

37.1.2 The determination will take into account the Bidder’s financial, technical, and production

capabilities. It will be based upon an examination of the documentary evidence of the

Bidder’s qualifications submitted by the Bidder, as well as such other information as the

Purchaser deems necessary and appropriate.

37.1.3 An affirmative determination will be a prerequisite for award of the contract to the Bidder.

A negative determination will result in rejection of the Bidder’s bid, in which event the

Purchaser will proceed to the next lowest evaluated bid to make a similar determination of

that Bidder’s capabilities to perform satisfactorily.

38 AWARD CRITERIA

38.1.1 Subject to ITB Clause 31 to 39 of section E, the Purchaser will place the order on the

successful bidder whose bid has been determined to be substantially responsive and has

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

determined to be qualified to perform the order satisfactorily.

39 PURCHASER’S RIGHT TO VARY QUANTITIES DURING CONTRACT PERIOD

39.1.1 Purchaser reserves the right to increase or decrease the quantities specified in the Schedule

of Rates during contract period, without any change in unit price or other terms and

39.1.2 Bidder shall note that the quantities mentioned against each activity in Schedule of Rates

are tentative only and subject to change based on actual requirement. The unit rates quoted

by the bidders shall remain fixed and firm throughout the contract period i.e. no price

adjustment shall be allowed after bid submission.

39.1.3 Purchaser (CGSML) shall have full right to divide the job among two or more then two bidders.

40 PURCHASER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

40.1.1 Purchaser reserves the right to accept or reject any bid, and to annul the bidding process

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

liability to the affected bidder or bidders or any obligations to inform the affected bidder or

bidders the reason for the Purchaser’s action.

41 NOTIFICATION OF AWARD OF INTENT

41.1.1 Prior to the expiration of period of bid validity, the Purchaser will notify the successful

bidder in writing by fax or e-mail to be confirmed in writing, that his bid has been accepted.

41.2 The date of Fax of Intent for notification of Award will constitute effective date.

41.2.1 Upon the successful bidder’s furnishing of Contract Performance Bank Guarantee (CPBG),

pursuant to ITB Clause 45, the Purchaser will promptly notify each unsuccessful bidder and

will discharge the bid security of such bidders.

42 ACCEPTANCE OF WORK ORDER

42.1.1 Purchaser will issue the Work Order to the successful bidder on receipt of acceptance of

FOI, within 15 days of award of work bidder shall sign all pages and return the acceptance

copy of the Work Order to the Purchaser.

43 CONTRACT PERFORMANCE BANK GUARANTEE

43.1.1 Within fifteen (15) days of the receipt of the notification of award/ Fax of Intent, the

successful bidder shall furnish the performance guarantee in accordance with General

Conditions of Contract in the form provided in the Bid documents.

43.1.2 The Contract Performance Bank Guarantee shall be for an amount as defined in Special

Conditions of Contract (SCC) towards faithful performance of the contractual obligations.

This bank guarantee shall be valid for a period of 3 months beyond the expiry of the

43.1.3 Failure of the successful bidder to comply with the requirements of this clause shall

constitute sufficient ground for the annulment of the award and forfeiture of the bid

44 CORRUPT AND FRAUDULENT PRACTICES

44.1.1 The Purchaser requires that Bidders observe the highest standard of ethics during the

execution of Contract. In pursuance of this policy, the Purchaser defines, for the purposes

of this provision, the terms set forth below as follows :

i) “Corrupt Practice” means the offering, giving, receiving, or soliciting of anything of value

to influence the action of public official in contract execution; and

ii) “Fraudulent Practice” means a misrepresentation of facts in order to influence the

execution of a Contract to the detriment of the Purchaser, and includes collusive practice

amongst bidders (prior to or after bid submission) designed to establish bid prices at

artificial non-competitive levels and to deprive the Purchaser of the benefits of free and

open competition;

44.1.2 Purchaser will reject a proposal for award, if it determines that the bidder recommended

for award is engaged in corrupt or fraudulent practices in competing for the award in

44.1.3 Purchaser will declare a firm ineligible, either indefinitely or for a stated period of time, if at

any time the Purchaser determines that the firm has engaged in corrupt or fraudulent

practices in competing for or in executing a contract.

45 INCOME TAX LIABILITY

45.1 The bidder shall bear all any Tax liability, both corporate as well as for his personnel.

46 EMPLOYEE PROVIDENT FUND (EPF)

46.1.1 Bidders have to furnish the proof of existing Employee Provident Fund details. Bidder who

fails to furnish proof in respect of separate PF Code/No. of the concerned RPF

Commissioner/Authority, their bids shall be liable for rejection.

47.1.1 Any failure on the part of the Purchaser at any time to enforce the strict observances of the

performance of any of the term(s) and condition(s) or rights, shall not effect or deprive the

Purchaser to exercise the same at any later date.

47.1.2 Purchaser’s Engineer-In-Charge or his representative will supervise the work and the

Contractor has to strictly adhere to his instructions.

47.1.3 During the tenancy of this contract, Purchaser can increase and/or decrease the quantity of

the work/ service (s) required. The quantity of work / service (s) shown in the Schedule of

rates is tentative.

The agreed rates shall remain firm & fixed till the expiry of contract and the contractor shall not be

entitled to any inflation, escalation or revision (statutory or otherwise) or any right to claim,

whatsoever by way of representation, explanation, statement or alleged representation or an

outstanding or promise given or alleged to have been given by any employee of the Purchaser or due

to contractor’s own ignorance or on account of the difficulties or hardships faced by him. The rates

quoted shall be all- inclusive of applicable taxes/ duties and shall remain firm till expiry/entire

tenancy of this contract. It is agreed that the bidder has inspected the sites and assessed the nature

and the extent of the work including the conditions prevalent under which the work is to be carried

TENDER FOR SUPPLY, ERECTION, TESTING AND COMMISSIONING OF

ELECRRIC MOTOR DRIVEN CNG LOW PRESSURE COMPRESSOR

GENERAL CONDITIONS OF CONTRACT (GCC)

GENERAL CONDITIONS OF CONTRACT

48.1 All the initial capitalized terms used in the Agreement shall have the meaning as described to

such terms hereunder:

48.2 ‘Agreement’ or ‘Contract’ means the agreement entered into between the Purchaser and the

Contractor, including all attachments and appendices thereto and all documents incorporated

by reference therein, as modified, reinstated or amended from time to time.

48.3 ‘Completion Schedule’ or ‘Delivery Schedule’ means a schedule approved by the Purchaser for

completion of all obligations of the Contractor under the Agreement.

48.4 ‘’ means the person or firm or body corporate appointed by the Purchaser for the purposes of

providing services as determined by him in connection with this Agreement and named in SCC.

48.5 ‘Contract Documents’ mean all the documents referred to in the Agreement for discharging

the requisite obligations by respective party.

48.6 ‘Contract Price’ means the price payable to the Contractor under the Contract for the full and

proper performance of all its contractual obligations.

48.7 ‘Day’, ‘Month’ or ‘Year’ means calendar day, calendar month or calendar year.

48.8 ‘Engineer’ means an authorized representative of the Purchaser, if any, to which the Purchaser

has entrusted various tasks in relation to the carrying out of his Project and in particular the

implementation of the relevant Agreement. The Engineer is fully empowered to represent the

Purchaser. For avoidance of doubt, may be an Engineer. In case the Agreement does not specify

the intervention by the Engineer, the rights and obligations are exercised and borne by the

Purchaser, mutatis mutandis.

48.9 ‘Effective Date’ means a date on which Contractor’s obligations will commence and thereupon

Delivery Schedule and/or Completion Schedule will be drawn up.

48.10 ‘Goods’ means all of the equipment, machinery, and/or other materials which the Contractor

is required to supply to the Purchaser under the Agreement.

48.11 ‘GCC’ means the GENERAL CONDITIONS OF CONTRACT contained in this section.

48.12 ‘Inspector’ means any person or outside Agency nominated by Purchaser to inspect

equipment, stage wise as well as final, before dispatch, at Contractor’s works and/or on receipt

at Site as per terms of the Agreement.

48.13 ‘Notification of Award’ means date which is earlier of either a Fax of Intent (FOI) or Letter of

Intent (LOI) or Letter of Award (LOA) issued to a successful bidder for award of the work

pursuant to bidding process.

48.14 ‘Purchaser’ /or ‘Owner’ means the organization purchasing the Goods / services, as named in

48.15 ‘Services’ or ‘Ancillary Services’ means those services ancillary to the supply of the Goods, such

as transportation and insurance, and any other incidental services, such as installation,

commissioning, provision of technical assistance, training and other such obligations of the

Contractor covered under the scope of the Agreement.

48.16 ‘Site’ or ’Purchaser’s stores’ means the place or places named in tender document.

48.17 ‘SCC’ means the SPECIAL CONDITIONS OF CONTRACT forming a part of the Contract Documents.

48.18 ‘Supplier’ or ‘Seller’ or ‘Contractor’ means the individual person or firm or body corporate

supplying the Goods and Ancillary Services under the Agreement.

48.19 ‘Bid’ or ‘Tender’ shall have the same meaning.

49 INTERPRETATION OF CONTRACT DOCUMENT

49.1 Notwithstanding the sub-division of the documents into these separate sections and volumes

every part of each shall be deemed to be supplementary to and complementary of every other

part and shall be read with and into the CONTRACT so far as it may be practicable to do so.

49.2 Where any portion of the General Condition of Contract is repugnant to or at variance with any

provisions of the Special Conditions of Contract, unless a different intention appears the

provisions of the Special Conditions of Contract shall be deemed to over-ride the provisions of

the General Conditions of Contract and shall to the extent of such repugnancy, or variations,

49.3 Wherever it is mentioned in the specifications that the CONTRACTOR shall perform certain

WORK or provide certain facilities, it is understood that the CONTRACTOR shall do so at his cost

and the VALUE OF CONTRACT shall be deemed to have included cost of such performance and

provisions, so mentioned.

49.4 The materials, design and workmanship shall satisfy the relevant INDIAN STANDARDS, the JOB

SPECIFICATIONS contained herein and CODES referred to. Where the job specification stipulate

requirements in addition to those contained in the standard codes and specifications, these

additional requirements shall also be satisfied.

50.1 The Contractor cannot, without agreement of the Purchaser, disclose nor enable third parties

to benefit from the documents drawn up in the course of his obligations under the Agreement

or information received from the Purchaser / Engineer/ Inspector.

50.2 Further, Contractor is not allowed to publish copy or transmit to third parties the documents

that are transmitted to him by Purchaser/ Engineer/ Inspector. The Purchaser retain the right

to claim damages from the Contractor in the case where these documents have been used

without such written consent.

50.3 However, these obligations do not apply to documents for which it can be demonstrated that

• such documents were already public before these were communicated to the other party, or

have become public since without any fault or negligence of the party concerned, or

• such documents were already in its possession without having obtained them directly or

indirectly from the other party, or

• such documents were obtained from an independent source that had neither direct nor

indirect secrecy commitment to the other party.

50.4 Regarding the application of this clause, the experts appointed by the Purchaser/ Engineer are

not considered as third parties, and for this reason they have to respect, towards the

Contractor, the same obligations as the Purchaser in these matters.

50.5 Any document, other than the Agreement itself, enumerated in GCC shall remain the property

of the Purchaser and shall be returned (all copies) to the Purchaser on completion of the

Contractor’s obligations under the Agreement, if so required by the Purchaser.

51 CONTRACT PERFORMANCE BANK GUARANTEE

51.1 The amount of Contract Performance Bank Guarantee shall be 10% of Order value. Contract

Performance Bank Guarantee shall be submitted within twenty one (21) days from date of

issue of Contract.

51.2 The Contract Performance Bank Guarantee will be discharged not later than six months from

the date of expiration of contract and Contractor’s entire obligations including warrantee

obligations under the contract.

51.3 In the event that completion of work is delayed beyond the scheduled completion date for any

reason whatsoever, the contractor shall have the validity of the Contract Performance Bank

Guarantee suitably extended to cover the period of delay.

51.4 The proceeds of the Contract Performance Bank Guarantee shall be payable to the Purchaser

as compensation for any loss or damage resulting from the Contractor’s failure to complete its

obligations under the Agreement.

51.5 The Contract Performance Bank Guarantee shall be denominated in the currency of the

Agreement and shall be in one of the following forms:

A bank guarantee issued by a scheduled/ nationalized bank is acceptable to the Purchaser, in

the form provided in the bid documents. The Contract Performance Bank Guarantee will be

discharged by the Purchaser and returned to the Contractor not later than One hundred eighty

(180) days following the date of completion of all the Contractor’s performance obligations

under the Contract, including any warranty obligations.

52 INSPECTIONS AND TESTS

52.1 The Contractor will submit to Purchaser the quality assurance plan (QAP) regarding

manufacture and testing of all the items required under the Agreement within 30 days of

Notification of Award (unless other wise stated in SCC. Purchaser will then review the QAP and

inform the Contractor, the stages when the Purchaser/ Inspector/ Engineer would witness the

tests and/ or inspect the Goods under manufacturing, beyond which the progress of the

specified activity/ manufacturing will not proceed, without written approval.

52.2 The Purchaser or its representative shall have the right to inspect and / or to test the Goods to

confirm their conformity to the requirements of the Agreement at no extra cost to the

Purchaser. SCC and / or the Technical Specifications shall specify what inspections and tests

the Purchaser requires and to the extent feasible, where they are to be conducted. All costs

for such inspections and tests except the cost of travel, board and lodge of the Purchaser’s

representative / Inspector shall be to the account of the Contractor. The Purchaser shall notify

the Contractor in writing, in a timely manner, of the identity of any such representatives, (if

outside of Purchaser’s organization) retained by it for these purposes.

52.3 If any inspected or tested Goods fail to conform to the Specifications, the Purchaser may reject

the Goods, and the Contractor shall either replace the rejected Goods meeting the

Specification requirements or make alterations necessary to meet Specification requirements

free of cost to the Purchaser.

53 TRANSPORTATION

53.1 Transportation of all items covered in the scope of contractor, will be arranged by contractor

at his own cost including insurance and storage. Contractor will also be responsible for taking

delivery of free issue material from Purchaser’s store and Transportation to place of work,

54 GUARANTEE/ WARRANTY/ DEFECT LIABILITY PERIOD

54.1 The Contractor warrants that the work carried out under the Agreement are meeting the

requirement of the Bid document and will rectify/ repair any defective work on receipt of

instructions from Purchaser. Defect liability period shall be 18 months from the date of handing

over of the system to CGSML.

54.2 The Purchaser shall promptly notify the Contractor in writing of any claims arising under this

54.3 Upon receipt of such notice, the Contractor shall, within a reasonable period, repair or replace

the defective Goods or parts thereof, free of cost to the Purchaser. The Contractor may take

over the replaced parts/ Goods at the time of their replacement. No claim whatsoever shall lie

on the Purchaser for the replaced parts/ goods thereafter. In the event of any correction of

defects or replacement of defective material during the warranty period, the warranty for the

corrected / replaced Goods or item or material shall be extended to a further period of twelve

(12) Months from the date of such repair/replacement.

54.4 If the Contractor, having been notified, fails to remedy the defect(s) within a reasonable period,

the Purchaser may proceed to take such remedial action as may be necessary, at the

Contractor’s risk and expense and without prejudice to any other rights which the Purchaser

may have against the Contractor under the Agreement.

Prices charged by the Contractor for Goods delivered and all Services performed under the

Agreement shall be on firm price basis and not vary from the prices quoted by the Contractor

in its bid, with the exception of any price adjustments authorized as per tender document.

55 TAXES, DUTIES, ETC.

55.1 The Contractor agrees to and does hereby accept full and exclusive liability for the payment of

any and all taxes, duties, etc. now or hereafter imposed, increased, modified, from time to time

in respect of Works and materials and all contributions and taxes for unemployment

compensation, insurance and old age pensions or annuities now or hereafter imposed by any

Central or State Government authorities which are imposed with respect to or covered by the

wages, salaries, or other compensations paid to the persons employed by the Contractor and

the Contractor shall be responsible for the compliance with all applicable Central, State,

Municipal and local laws and regulations, and requirement of any Central, State or local

Government agency or authority.

55.2 Contractor further agrees to defend, indemnify and hold Purchaser harmless from any liability

or penalty, which may be imposed by the Central, State or Local authorities by reason or any

violation by Contractor or Sub-Contractor of such laws, suits or proceedings that may be

brought against the Purchaser arising under, growing out of, or by reason of the work provided

for by this Contract, by third parties, or by Central or State Government authority or any

administrative sub-division thereof.

55.3 Tax deductions will be made as per the rules and regulations in force in accordance with acts

prevailing from time to time.

56 STATUTORY VARIATION

56.1 All statutory variations, change in law or imposition of any new taxes/ duties/ levies by any

Central Government/ State Government/ Civil Agencies shall be to Contractor’s account except

for statutory variations in Service Tax, which shall be reimbursed by Purchaser against

documentary evidence submitted by the Contractor.

57.1 Contractor shall submit his INVOICE bill to the respective Engineer-In-Charge of Purchaser,

attaching all the required documentary proof confirming there upon that all statutory

obligations as per rules are being observed. Un-disputed payment shall be made to the

contractor through Finance Department against Bills, duly certified by respective Purchaser’s

Engineer-In-Charge within 15 (Fifteen) days, if found in order. No interest shall be paid in case

of delay in payments. For payment terms, refer clause no. 6 of SCC.

57.2 Payment shall be released after applicable tax deductions at source as per rules & acts

enforced during the tenancy of the contract.

58 SUBCONTRACTING

58.1 Refer Clause number104 of GCC of this Bid Document.

59 DELAYS IN THE CONTRACTOR’S PERFORMANCE

59.1 Delivery of the Goods and performance of Services shall be made by the Contractor in

accordance with the time schedule prescribed by the Purchaser in the Completion Schedule.

59.2 If the CONTRACTOR refuses or fails to execute the WORK or any separate part thereof with

such diligence as will ensure its completion within the time specified in the CONTRACT or

extension thereof or fails to perform any of his obligation under the CONTRACT or in any

manner commits a breach of any of the provisions of the CONTRACT it shall be open to the

PURCHASER at its option by written notice to the CONTRACTOR:

59.2.1 TO DETERMINE THE CONTRACT in which event the CONTRACT shall stand terminated and shall

cease to be in force and effect on and from the date appointed by the PURCHASER on that

behalf, whereupon the CONTRACTOR shall stop forthwith any of the CONTRACTOR's work then

in progress, except such WORK as the PURCHASER may, in writing, require to be done to

safeguard any property

or WORK, or installations from damage, and the PURCHASER, for its part, may take over the

work remaining unfinished by the CONTRACTOR and complete the same through a fresh

contractor or by other means, at the risk and cost of the CONTRACTOR, and any of his sureties

if any, shall be liable to the PURCHASER for any excess cost occasioned by such work having

to be so taken over and completed by the PURCHASER over and above the cost at the rates

specified in the schedule of quantities and rate/prices.

59.2.2 WITHOUT DETERMINING THE CONTRACT to take over the work of the CONTRACTOR or any part

thereof and complete the same through a fresh contractor or by other means at the risk and

cost of the CONTRACTOR. The CONTRACTOR and any of his sureties are liable to the

PURCHASER for any excess cost over and above the cost at the rates specified in the Schedule of

Quantities/ rates, occasioned by such works having been taken over and completed by the

59.3 In such events of above sub-clauses:

59.3.1 The whole or part of the Contract Performance Security furnished by the CONTRACTOR is

liable to be forfeited without prejudice to the right of the PURCHASER to recover from the

CONTRACTOR the excess cost referred to in the sub-clause aforesaid, the PURCHASER shall

also have the right of taking possession and utilizing in completing the works or any part

thereof, such as materials equipment and plants available at work site belonging to the

CONTRACTOR as may be necessary and the CONTRACTOR shall not be entitled for any

compensation for use or damage to such materials, equipment and plant.

59.3.2 The amount that may have become due to the CONTRACTOR on account of work already

executed by him shall not be payable to him until after the expiry of Six (6) calendar months

reckoned from the date of termination of CONTRACT or from the taking over of the WORK or

part thereof by the PURCHASER as the case may be, during which period the responsibility for

faulty materials or workmanship in respect of such work shall, under the CONTRACT, rest

exclusively with the CONTRACTOR. This amount shall be subject to deduction of any amounts

due from the CONTRACT to the PURCHASER under the terms of the CONTRACT authorized or

required to be reserved or retained by the PURCHASER.

59.3.3 Before determining the CONTRACT provided in the judgment of the PURCHASER, the default

or defaults committed by the CONTRACTOR is/are curable and can be cured by the

CONTRACTOR if an opportunity given to him, then the PURCHASER may issue Notice in writing

calling the CONTRACTOR to cure the default within such time specified in the Notice.

59.3.4 The PURCHASER shall also have the right to proceed or take action above, in the event that the

CONTRACTOR becomes bankrupt, insolvent, compounds with his creditors, assigns the

CONTRACT in favour of his creditors or any other person or persons, or being a company or a

corporation goes into voluntary liquidation, provided that in the said events it shall not be

necessary for the PURCHASER to give any prior notice to the CONTRACTOR.

59.3.5 Termination of the CONTRACT as provided above shall not prejudice or affect their rights of

the PURCHASER which may have accrued up to the date of such termination

59.3.6 Except as provided under GCC or for the reasons solely attributable to the Purchaser, a delay

by the Contractor in the performance of its delivery obligations shall render the Contractor

liable to the imposition of liquidated damages pursuant to GCC, unless an extension of time is

agreed upon without the application of liquidated damages.

60 CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IF ACTION NOT TAKEN UNDER CLAUSE

60.1.1 In any case in which become exercisable and the same had not been exercised, the non-

exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers

shall notwithstanding be exercisable in the event of any further case of default by the

CONTRACTOR for which by any clause or clauses hereof he is declared any of the powers

conferred upon the PURCHASER BY CLAUSE 13 thereof shall have liable to pay compensation

amounting to the whole of his Contract Performance Security, and the liability of the

CONTRACTOR for past and future compensation shall remain unaffected. In the event of the

PURCHASER putting in force the power under above sub-clause vested in him under the

preceding clause he may, if he so desired, take possession of all or any tools, and plants,

materials and stores in or upon the works or the site thereof belonging to the CONTRACTOR

or procured by him and intended to be used for the execution of the WORK or any part thereof

paying or allowing for the same in account at the CONTRACT rates or in case of these not being

applicable at current market rates to be certified by the ENGINEER-IN-CHARGE whose

certificate thereof shall be final, otherwise the ENGINEER-IN-CHARGE may give notice in

writing to the CONTRACTOR or his clerk of the works, foreman or other authorised agent,

requiring him to remove such tools, plant, materials or stores from the premises (within a time

to be specified in such notice), and in the event of the CONTRACTOR failing to comply with

any such requisition, the ENGINEER-IN-CHARGE may remove them at the Contractor’s expense

or sell them by auction or private sale on account of the CONTRACTOR and at his risk in all

respects without any further notice as to the date, time or place of sale and the certificate of

the ENGINEER-IN-CHARGE as to the expenses of any such removal and the amount of the

proceeds and expenses of any such sale shall be final and conclusive against the CONTRACTOR.

61 TERMINATION FOR DEFAULT

61.1.1 Save for the cases provided for in Clause, if the Contractor fails to fulfil any of his obligations,

the Purchaser reserves the right, after simple summons to comply and without prejudice to

any other measures provided for in the Contract Documents, to offset the Contractor’s

deficiency by substituting Contractor by another third party to the Contractor for the purpose

of carrying out those obligations, at the Contractor’s expense, risk and peril, or to terminate

the Agreement without prejudice to the Purchaser’s rights of receiving reparation for the

resulting damage.

61.1.2 The Purchaser may terminate the Agreement when the Contractor’s situation at any time after

Notification of the Award is found to have become so precarious that there is every indication

that he will not be able to fulfill his obligations. Such indications may be, for example, the

Contractor’s filing for bankruptcy or composition, or going into receivership or liquidation, or

any similar procedures under applicable legislation.

62 CHANGE IN CONSTITUTION

62.1.1 Where the CONTRACTOR is a partnership firm, the prior approval of the PURCHASER shall be

obtained in writing, before any change is made in the constitution of the firm. Where the

CONTRACTOR is an individual or a Hindu undivided family business concern, such approval as

aforesaid shall, likewise be obtained before such CONTRACTOR enters into any agreement with

other parties, where under, the reconstituted firm would have the right to carry out the work

hereby undertaken by the CONTRACTOR. In either case if prior approval as aforesaid is not

obtained, the CONTRACT shall be deemed to have been allotted in contravention of clause

hereof and the same action may be taken and the same consequence shall ensure as provided

in the said clause.

63 MEMBERS OF THE PURCHASER NOT INDIVIDUALLY LIABLE

63.1.1 No Director, or official or employee of the PURCHASER shall in any way be personally bound

or liable for the acts or obligations of the PURCHASER under the CONTRACT or answerable for

any default or omission in the observance or performance of any of the acts, matters or things,

which are herein contained

64 CONTRACTOR'S OFFICE AND STORE AT SITE

64.1.1 The CONTRACTOR shall provide and maintain an office and at the site for the accommodation

of his Engineer and staff and such office shall be open at all reasonable hours to receive

instructions, notice or other communications.

64.1.2 The contractor shall provide and maintain stores at site with sufficient covered area and lock

& key arrangement for receiving, proper stocking and issue/return of all material under his

scope of work as defined in the tender document. Further, the contractor shall maintain proper

documentation of stocks and receipt & issue of material and update the same on daily basis

by deploying dedicated resources as specified by the Engineer-In-Charge. The space so

provided shall be in addition to and distinctly separate from the free-issue material by the

Purchaser for proper identification and verification of both types of stocks at any time.

65 CONTRACTOR TO INDEMNIFY THE PURCHASER

65.1.1 The contractor shall indemnify the Purchaser and every member, officer and employee of the

Purchaser, also Engineer-In-Charge and his staff against all action, proceedings, claims,

demands, costs and expenses whatsoever arising out of all action, proceedings, claims,

demands, costs and expenses which may be made against the Purchaser for or in respect of or

arising out of any failure by the contractor in the performance of his obligations under the

contract. The Purchaser shall not be liable for or in respect of consequence of any accident or

injury to any workmen or other person in the employment of the contractor or his sub-

contractor and contractor shall indemnify and keep the Purchaser indemnified against all such

damages and compensations and against all claims, proceedings, claims, demands, costs and

expenses whatsoever in respect thereof or in relation thereof.

65.1.2 If any action is brought before a Court, Tribunal or any other Authority against the Purchaser

or an officer or agent of the PURCHASER, for the failure, omission or neglect on the part of the

CONTRACTOR to perform any acts, matters, covenants or things under the CONTRACT, or

damage or injury caused by the alleged omission or negligence on the part of the

CONTRACTOR, his agents, representatives or his SUB-CONTRACTOR's, or in connection with

any claim based on lawful demands of SUB-CONTRACTOR's workmen, Contractors or

employees, the CONTRACTOR, shall in such cases indemnify and keep the PURCHASER and/or

their representatives harmless from all losses, damages, expenses or decrees arising out of

65.1.3 If Purchaser have to pay any money in respect of such claims or demands as aforesaid the

amount so paid and the costs incurred by the Purchaser shall be charged to and paid by the

Contractor and the Contractor shall not be at liberty to dispute or question the right of the

Purchaser to make such payments notwithstanding the same may have been made without

the consent or authority or in law or otherwise to the contrary.

66 SAFETY REGULATIONS

66.1.1 In respect of all labour, directly or indirectly employed in the WORK for the performance of

CONTRACTOR's part of this agreement, the CONTRACTOR shall at his own expense arrange for

all the safety provisions as per safety codes and abide by all labour laws, fire and statutory

regulations and keep the Purchaser indemnified in respect thereof.

67 OTHER AGENCIES AT SITE

67.1.1 The CONTRACTOR shall have to execute the WORK in such place and conditions where other

agencies will also be engaged for other works. No claim shall be entertained due to WORK

being executed in the above circumstances

68.1.1 The PURCHASER shall have lien on all materials, equipments including those brought by the

CONTRACTOR for the purpose of erection, testing and commissioning of the WORK.

68.1.2 If, at any time there should be evidence or any lien or claim for which the PURCHASER might

have become liable and which is chargeable to the CONTRACTOR, the PURCHASER shall have

the right to retain out of any payment then due or thereafter to become due an amount

sufficient to completely indemnify the PURCHASER against such lien or claim and if such lien

or claim be valid, the PURCHASER may pay and discharge the same and deduct the amount so

paid from any money which may be or may become due and payable to the CONTRACTOR. If

any lien or claim remain unsettled after all payments are made, the CONTRACTOR shall refund

or pay to the PURCHASER all money that the latter may be compelled to pay in discharging

such lien or claim including all costs and reasonable expenses. PURCHASER reserves the right

69 TERMINATION FOR PURCHASER’S CONVENIENCE

69.1.1 The Purchaser, by written notice sent to the Contractor, may terminate the Agreement, in

whole or in part, at any time for its convenience. The notice of termination shall specify that

termination is for the Purchaser’s convenience, the extent to which performance of the

Contractor under the Agreement is terminated, and the date upon which such termination

becomes effective.

69.1.2 The Purchaser shall accept the Goods that are complete and ready for shipment / dispatch as

on the date of Contractor’s receipt of notice of termination on the terms and prices mutually

agreed at that time.

69.2 For the remaining Goods, the Purchaser may Select:

(a) to have any portion completed and delivered at the Agreement terms and prices and / or

(b) to cancel the remainder and pay to the Contractor an agreed amount for partially

completed Goods and Services and for materials and parts previously procured by the

Contractor; and/or

(c) to pay any reasonable and demonstrable otherwise non recoverable expenses incurred

by the Contractor.

70 PAYMENT IF THE CONTRACT IS TERMINATED

70.1.1 If the CONTRACT shall be terminated as per Bid pursuant to Clause no. 64 of GCC, the

CONTRACTOR shall be paid by the PURCHASER in so far as such amounts or items shall not

have already been covered by payments of amounts made to the CONTRACTOR for the WORK

executed and accepted by ENGINEER-IN-CHARGE prior to the date of termination at the rates

and prices provided for in the CONTRACT and in addition to the following:

a) The amount payable in respect of any preliminary items, so far as the Work or service

comprised therein has been carried out or performed and an appropriate portion as

certified by ENGINEER-IN-CHARGE of any such items or service comprised in which has

been partially carried out or performed.

b) Any other expenses which the CONTRACTOR has spent for performing the WORK under the

CONTRACT subject to being duly recommended by ENGINEER-IN-CHARGE and approved by

PURCHASER for payment, based on documentary evidence of his having incurred such

70.1.2 The CONTRACTOR will be further required to transfer the title and provide the following in the

manner and as directed by the PURCHASER.

a) Any and all completed works.

70.1.3 Such partially completed WORK including drawings, information and CONTRACT rights as the

CONTRACTOR has specially performed, produced or acquired for the performance of the

71 NO WAIVER OF RIGHTS

71.1.1 Neither the inspection by the PURCHASER or any of their officials, employees, or agents nor

any order by the PURCHASER for payment of money or any payment for or acceptance of the

whole or any part of the Work by the PURCHASER nor any extension of time, nor any

possession taken by PURCHASER shall operate as a waiver of any provision of the CONTRACT,

or of any power herein reserved to the PURCHASER, or any right to damages herein provided,

nor shall any waiver of any breach in the CONTRACT be held to be a waiver of any other

subsequent breach.

72.1.1 Unless otherwise stated in the Agreement, the Contractor shall furnish to Purchaser not later

than fifteen (15) Days from date of Notification of Award the following:

A bar chart, or similar, including the network of activities if required on account of the

complexity of the Agreement, showing the time-scale of the main steps in the carrying out

of his obligations, and showing at least :

• the dates at which the Contractor has to supply the information’s and documents

stipulated by the award,

• the dates at which the main orders for materials and equipment (bought out items) must

normally be placed, and the required Completion dates for these,

• the method by which the Goods and /or Services are carried out outside the Site so that

the contractual time-limits can be met,

72.1.2 The Contractor describes the liaisons between said team and his existing structure. Contractor

will state the skills and experience of the personnel involved regarding similar projects.

72.1.3 This planning does not relieve the Contractor of any of its obligations including Completion

72.1.4 The details of site office and site stores for stocking the material in his scope of work as well as

the free issued material.

73.1.1 The planning (bar chart or similar physical progress forecast and quantities of manpower)

established as per Clause 26 shall be used as a reference to regularly monitor the progress of

the Contractor's obligations. In particular, the latter requires furnishing to the Purchaser in

principle monthly, the actual physical progress computed by the method referred to in GCC

73.1.2 The planning is to be updated regularly by the Contractor, and is reviewed when the Purchaser

so requests, any time particular circumstances significantly affect the elements that were

taken into account when the planning was established.

73.1.3 If the work progress rate is deemed insufficient to meet the prescribed time-limits, the

Purchaser will notify this to the Contractor and will demand that Contractor defines, in writing

and within fifteen (15) Days, the measures he intends to take in order to improve the rate of

progress, which measures have to receive the prior approval of the Purchaser.

73.1.4 The Purchaser and/or reserve the right to have the progress of studies, procurement, work or

any other contractual services monitored by any person of their choice, without this right in

any way diluting the Contractor’s obligations.

74 WORK IN MONSOON AND DEWATERING

74.1.1 Unless otherwise specified elsewhere in the tender, the execution of the WORK may entail

working in the monsoon. The CONTRACTOR must maintain a 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 monsoon.

74.1.2 During monsoon and other period, it shall be the responsibility of the CONTRACTOR to keep

the construction work site free from water logging at his own cost.

75 WORK ON SUNDAYS AND HOLIDAYS

75.1.1 For carrying out Work on Sundays, and Holidays, the CONTRACTOR will approach the

ENGINEER- IN-CHARGE or his representative at least two days in advance and obtain

permission in writing. The CONTRACTOR shall observe all labour laws and other statutory rules

and regulations in force. In case of any violations of such laws, rules and regulations,

consequence if any, including the cost thereto shall be exclusively borne by the CONTRACTOR

and the PURCHASER shall have no liability whatsoever on this account.

76 SETTLEMENT OF DISPUTES

76.1.1 The rules of procedure for arbitration proceedings shall be as per Indian Arbitration and

Conciliation Act 1996 or as amended.

76.1.2 If any dispute or difference arising between the Parties in respect of or concerning or

connected with the interpretation or implementation of this Agreement or otherwise arising

out of this Agreement, the parties hereto shall promptly and in good faith negotiate with a

view to bring out and amicable resolution and settlement.

76.1.3 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such

mutual consultation, then either the Owner or the Supplier may give notice to the other party

of its intention to commence arbitration, as hereinafter provided, as to the matter in dispute,

and no arbitration in respect of this matter may be commenced unless such notice is given.

76.1.4 In the event, no amicable resolution or settlement is reached within a period of 30 days from

the date on which such dispute or difference arose, such dispute or difference shall be referred

for adjudication by sole Arbitrator to be appointed by the Managing Director (MD) of CGSML,

in accordance with the Arbitration and Conciliation Act, 1996 and rules made there under or

any statutory modification in case the Arbitrator so appointed is related to CGSML in any

manner whatsoever.

76.1.5 The Arbitration proceedings shall be held in Indore and shall be conducted in English Language.

The decision of such arbitration shall be binding and conclusive upon the Parties. The Parties

to the arbitration shall equally share the costs and expenses of any such arbitration.

76.1.6 It is hereby clarified that the Courts at Indore alone shall have jurisdiction to try and entertain

any and all suits or other proceedings in respect of, relating to or otherwise arising out of this

76.1.7 Notwithstanding any reference to arbitration herein, the parties shall continue to perform

their respective obligations under the Agreement unless they otherwise agree.

77 LIMITATION OF LIABILITY

77.1.1 Except in cases of willful negligence or willful misconduct, and in the case of infringement, the

Contractor shall not be liable to the Purchaser, whether in contract, tort, or otherwise, for any

indirect or consequential loss or damage, loss of use, loss of production, or loss of profits

provided that this exclusion shall not apply to any obligation of the Contractor to pay PRS to

the Purchaser and the aggregate liability of the Contractor to the Purchaser, whether under

the Contract, in tort or otherwise, shall not exceed the total Contract Price, provided that this

limitation shall not apply to the cost of repairing or replacing defective equipment.

78 GOVERNING LANGUAGE

78.1.1 The Agreement shall be written in English language unless specified otherwise in the SCC. All

correspondence and other documents pertaining to the Agreement which are exchanged by

the parties shall be written in the same language. In case, any document/brochure etc. is

written in any other language then its English translation shall govern.

79 APPLICABLE LAW

79.1.1 The Contract shall be governed and interpreted in accordance with the applicable laws of India

and Courts at Indore shall have exclusive jurisdiction.

80.1.1 Any notice given by one party to the other pursuant to this Agreement shall be sent to the

other party in writing by registered mail or facsimile and confirmed in writing to the other

party’s address specified in the Agreement.

80.2 A notice shall be effective when delivered or on the notice’s effective date, whichever is later.

CONTRACTOR shall at his own expense arrange secure and maintain insurance with reputable

insurance companies to the satisfaction of the PURCHASER as follows:

CONTRACTOR at his cost shall arrange, secure and maintain insurance as may be necessary

and to its full value for all such amounts to protect the WORKS in progress from time to time

and the interest of PURCHASER against all risks as detailed herein. The form and the limit of

such insurance, as defined here in together with the under works thereof in each case

should be as acceptable to the PURCHASER. However, irrespective of work acceptance the

responsibility to maintain adequate insurance coverage at all times during the period of

CONTRACT shall be that of CONTRACTOR alone. CONTRACTOR’s failure in this regard shall

not relieve him of any of his responsibilities and obligations under CONTRACT.

Any loss or damage to the work/ material, during transportation, storage, erection and

completion of work till such time the WORK is taken over by PURCHASER, shall be to the

account of CONTRACTOR. CONTRACTOR shall be responsible for preferring of all claims and

make good for the damage or loss by way of repairs and/or replacement of the parts of the

Work damaged or lost. CONTRACTOR shall provide the PURCHASER with a copy of all

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

copies of document shall be submitted to the PURCHASER immediately upon the

CONTRACTOR having taken such insurance coverage. CONTRACTOR shall also inform the

PURCHASER at least thirty days in advance regarding the expiry cancellation and/or changes

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

All costs on account of insurance liabilities covered under CONTRACT will be to

CONTRACTOR's account and will be included in VALUE OF CONTRACT. However, the

PURCHASER may from time to time, during the currency of the CONTRACT, ask the

CONTRACTOR in writing to limit the insurance coverage risk and in such a case, the parties to

the CONTRACT will agree for a mutual settlement, for reduction in VALUE OF CONTRACT to

the extent of reduced premium amounts.

CONTRACTOR as far as possible shall cover insurance with Indian Insurance Companies.

i) EMPLOYEES STATE INSURANCE ACT:

The CONTRACTOR agrees to and does hereby accept full and exclusive liability for the compliance

with all obligations imposed by the Employee State Insurance Act 1948 and the CONTRACTOR

further agrees to defend, indemnify and hold PURCHASER harmless for any liability or penalty

which may be imposed by the Central, State or Local authority by reason of any asserted violation

by CONTRACTOR or SUB-CONTRACTOR of the Employees' State Insurance Act, 1948, and also from

all claims, suits or proceeding that may be brought against the PURCHASER arising under, growing

out of or by reasons of the work provided for by this CONTRACTOR, by third parties or by Central

or State Government authority or any political sub- division thereof.

The CONTRACTOR agrees to fill in with the Employee’s State Insurance Corporation, the

Declaration Forms, and all forms which may be required in respect of the CONTRACTOR's or SUB-

CONTRACTOR's employees, who are employed in the WORK provided for or those covered by ESI

from time to time under the Agreement. The CONTRACTOR shall deduct and secure the agreement

of the SUB- CONTRACTOR to deduct the employee’s contribution as per the first schedule of the

Employee’s State Insurance Act from wages and affix the Employee’s Contribution Card at wages

payment intervals. The CONTRACTOR shall remit and secure the agreement of SUB-CONTRACTOR

to remit to the State Bank of India, Employee's State Insurance Corporation Account, and the

Employee's contribution as required by the Act. The CONTRACTOR agrees to maintain all cards and

Records as required under the Act in respect of employees and payments and the CONTRACTOR

shall secure the agreement of the SUB-CONTRACTOR to maintain such records. Any expenses

incurred for the contributions, making contributions or maintaining records shall be to the

CONTRACTOR’s or SUB-CONTRACTOR's account.

The PURCHASER shall retain such sum as may be necessary from the total VALUE OF CONTRACT

until the CONTRACTOR shall furnish satisfactory proof that all contributions as required by the

Employees State Insurance Act, 1948, have been paid. This will be pending on the CONTRACTOR

when the ESI Act is extended to the place of work.

ii) WORKMEN COMPENSATION AND PURCHASER'S LIABILITY INSURANCE:

Insurance shall be affected for all the CONTRACTOR’s employees engaged in the performance of

this CONTRACT. If any of the work is sublet, the CONTRACTOR shall require the SUB- CONTRACTOR

to provide workman's Compensation and Purchaser’s liability insurance for the latter’s employees

if such employees are not covered under the CONTRACTOR’s Insurance.

iii) ACCIDENT OR INJURY TO WORKMEN:

The PURCHASER shall not be liable for or in respect of any damages or compensation payable as

per law in respect or in consequence of any accident or injury to any workman or other person in

the Employment of the CONTRACTOR or any SUB-CONTRACTOR save and except an accident or

injury resulting from any act or default of the PURCHASER, his agents or servants and the

CONTRACTOR shall indemnify and keep indemnified the PURCHASER against all such damages and

compensation (save and except and aforesaid) and against all claims, demands, proceeding, costs,

charges and expenses, whatsoever in respect or in relation thereto.

iv) TRANSIT INSURANCE

In respect of all items to be transported by the CONTRACTOR to the SITE of WORK, the cost of

transit insurance should be borne by the CONTRACTOR and the quoted price shall be inclusive of

V) COMPREHENSIVE AUTOMOBILE INSURANCE

This insurance shall be in such a form as to protect the Contractor against all claims for injuries,

disability, disease and death to members of public including PURCHASER’s men and damage to the

property of others arising from the use of motor vehicles during on or off the `site’ operations,

irrespective of the Ownership of such vehicles.

VI) COMPREHENSIVE GENERAL LIABILITY INSURANCE

a) This insurance shall protect the Contractor against all claims arising from injuries, disabilities,

disease or death of member of public or damage to property of others due to any act or omission

on the part of the Contractor, his agents, his employees, his representatives and Sub-Contractor’s

or from riots, strikes and civil commotion.

b) Contractor shall take suitable Group Personal Accident Insurance Cover for taking care of injury,

damage or any other risks in respect of his Engineers and other Supervisory staff who are not

covered under Employees State Insurance Act.

c) The policy shall cover third party liability. The third party (liability shall cover the loss/

disablement of human life (person not belonging to the Contractor) and also cover the risk of damage

to others materials/ equipment/ properties during construction, erection and commissioning at site.

The value of third party liability for compensation for loss of human life or partial/full disablement

shall be of required statutory value but not less than Rs. 2 lakhs per death, Rs. 1.5 lakhs per full

disablement and Rs. 1 lakh per partial disablement and shall nevertheless cover such compensation

as may be awarded by Court by Law in India and cover for damage to others equipment/ property

as approved by the Purchaser. However, third party risk shall be maximum to Rs. 10(ten) lakhs to

d) The Contractor shall also arrange suitable insurance to cover damage, loss, accidents, risks etc.,

in respect of all his plant, equipments and machinery, erection tools & tackles and all other

temporary attachments brought by him at site to execute the work.

e) Any such insurance requirements as are hereby established as the minimum policies and

coverage’s which Contractor must secure and keep in force must be complied with, Contractor shall

at all times be free to obtain additional or increased coverage’s at Contractor’s sole expenses.

vii) ANY OTHER INSURANCE REQUIRED UNDER LAW OR REGULATIONS OR BY PURCHASER:

CONTRACTOR shall also carry and maintain any and all other insurance(s), which he may be required

under any law or regulation from time to time without any extra cost to PURCHASER. He shall also

carry and maintain any other insurance which may be required by the PURCHASER

viii) CONTRACTOR’S ALL RISK INSURANCE POLICY ( CAR )

The contractor shall take all risk insurance policy at its own cost to cover physical loss or damage

to the works at the site occurring prior to acceptance of work or part thereof taken over by the

owner at its sole discretion with an extended maintenance coverage for the contractor’s liability in

respect of any loss or damage during the warranty period. Endorsements to the policy shall include

coverage for faulty workmanship and materials.

Contractor will be required to take insurance coverage of minimum 1.75 times the order value in

order to cover risks pertaining to work as well as material involved.

82 DAMAGE TO PROPERTY OR TO ANY PERSON OR ANY THIRD PARTY

82.1.1 CONTRACTOR shall be responsible for making good to the satisfaction of the PURCHASER any

loss or any damage to structures and properties belonging to the PURCHASER or being

executed or procured or being procured by the PURCHASER or of other agencies within in the

premises of all the work of the PURCHASER, if such loss or damage is due to fault and/or the

negligence or willful acts or omission of the CONTRACTOR, his employees, agents,

representatives or SUB-CONTRACTORs.

82.1.2 The CONTRACTOR shall take sufficient care in moving his plants, equipments and materials

from one place to another so that they do not cause any damage to any person or to the

property of the PURCHASER or any third party including overhead and underground cables and

in the event of any damage resulting to the property of the PURCHASER or of a third party

during the movement of the aforesaid plant, equipment or materials the cost of such damages

including eventual loss of production, operation or services in any plant or establishment as

estimated by the PURCHASER or ascertained or demanded by the third party shall be borne by

the CONTRACTOR. Third party liability risk shall be Rupees One lakh for single accident and

limited to Rupees Ten lakhs.

82.1.3 The CONTRACTOR shall indemnify and keep the PURCHASER harmless of all claims for damages

to property other than PURCHASER's property arising under or by reason of this agreement, if

such claims result from the fault and/or negligence or willful acts or omission of the

CONTRACTOR, his employees, agents, representative of SUB-CONTRACTOR.

83 DATE OF COMING INTO EFFECT

83.1 The date of coming into effect shall be the date of Notification of Award unless otherwise

specified in SCC.

84 SUPPLY OF WORK

84.1.1 The CONTRACTOR shall be responsible for ensuring that works throughout are executed in the

most substantial, proper and workmanlike manner with the quality of material and

workmanship in strict accordance with the SPECIFICATIONS and to the entire satisfaction of

the ENGINEER-IN-CHARGE. The CONTRACTOR shall provide all necessary materials equipment

labour etc. for execution and maintenance of WORK till completion unless otherwise

mentioned in the CONTRACT

85 CONSTRUCTION AIDS, EQUIPMENTS, TOOLS & TACKLES

85.1.1 CONTRACTOR shall be solely responsible for making available for executing the WORK, all

requisite CONSTRUCTION EQUIPMENTS, Special Aids, Barges, Cranes and the like, all Tools,

Tackles and Testing Equipment and Appliances, including imports of such equipment etc. as

required. In case of import of the same the rates applicable for levying of Custom Duty on such

Equipment, Tools, & Tackles and the duty drawback applicable thereon shall be ascertained by

the CONTRACTOR from the concerned authorities of Government of India. It shall be clearly

understood that PURCHASER shall not in any way be responsible for arranging to obtain

Custom Clearance and/or payment of any duties and/or duty draw backs etc. for such

equipments so imported by the CONTRACTOR and the CONTRACTOR shall be fully responsible

for all taxes, duties and documentation with regard to the same. Bidder in his own interest

may contact, for any clarifications in the matter, concerned agencies/Dept./Ministries of Govt.

of India. All clarifications so obtained and interpretations thereof shall be solely the

responsibility of the CONTRACTOR

86 CARE OF WORKS

86.1.1 From the commencement to completion of the WORK, the CONTRACTOR shall take full

responsibility for the care for all works including all temporary works and in case any damages,

loss or injury shall happen to the WORK or to any part thereof or to any temporary works from

any cause whatsoever, shall at his own cost repair and make good the same so that at

completion the WORK shall be in good order and in conformity in every respects with the

requirement of the CONTRACT and the ENGINEER- IN- CHARGE's instructions.

87 ALTERATIONS IN SPECIFICATIONS, DESIGN AND EXTRA WORKS

87.1.1 The WORK covered under this CONTRACT having to be executed by the CONTRACTOR on a

lump sum firm price. The PURCHASER will not accept any proposals for changes in VALUE OF

CONTRACT or extension in time on account of any such changes which may arise to the

CONTRACTOR's scope of WORK as a result of detailed Engineering and thereafter during the

execution of WORK. The only exception to this will be a case where the PURCHASER requests

in writing to the CONTRACTOR to upgrade the SPECIFICATIONS or the size of any major pieces

of equipments, plant or machinery beyond what is normally required to meet the scope of

WORK as defined in the CONTRACT DOCUMENT.

87.1.2 In such cases, a change order will be initialled by the CONTRACTOR at the appropriate time for

the PURCHASER's prior approval giving the full back-up data for their review and for final

settlement of any impact on price within 30 (thirty) days thereafter

88 PURCHASER MAY DO PART OF WORK

88.1.1 Upon failure of the CONTRACTOR to comply with any instructions given in accordance with the

provisions of this CONTRACT the PURCHASER has the alternative right, instead of assuming

charge of entire WORK, to place additional labour force, tools, equipments and materials on

such parts of the WORK, as the PURCHASER may designate or also engage another

CONTRACTOR to carry out the WORK. In such cases, the PURCHASER shall deduct from the

amount which otherwise might become due to the CONTRACTOR, the cost of such work and

material with ten percent (10%) added to cover all departmental charges and should the total

amount thereof exceed the amount due to the CONTRACTOR, the CONTRACTOR shall pay the

difference to the PURCHASER.

89 POSSESSION PRIOR TO COMPLETION

89.1.1 The ENGINEER-IN-CHARGE shall have the right to take possession of or use any completed or

partially completed WORK or part of the WORK. Such possession or use shall not be deemed

to be an acceptance of any work completed in accordance with the CONTRACT agreement. If

such prior possession or use by the ENGINEER-IN- CHARGE delays the progress of WORK,

equitable adjustment in the time of completion will be made and the CONTRACT agreement

shall be deemed to be modified accordingly.

90 SUSPENSION OF WORKS

90.1.1 Subject to the provisions of sub-para (ii) of this clause, the CONTRACTOR shall, if ordered in

writing by the ENGINEER-IN-CHARGE, or his representative, temporarily suspend the WORKS

or any part thereof for such written order, proceed with the WORK therein ordered to be

suspended until, he shall have received a written order to proceed therewith. The

CONTRACTOR shall not be entitled to claim compensation for any loss or damage sustained by

him by reason of temporary suspension of the WORKS aforesaid. An extension of time for

completion, corresponding with the delay caused by any such suspension of the WORKS as

aforesaid will be granted to the CONTRACTOR should he apply for the same provided that the

suspension was not consequent to any default or failure on the part of the CONTRACTOR

90.1.2 In case of suspensions of entire WORK, ordered in writing by ENGINEER-IN-CHARGE, for a

period of more than two months, the CONTRACTOR shall have the option to terminate the

91 RACTIFICATION OF DEFECTS OF WORKS

91.1 DEFECTS PRIOR TO TAKING OVER:

If at any time, before the WORK is taken over, the ENGINEER-IN-CHARGE shall:

a) Decide that any works done or materials used by the CONTRACTOR or by any SUB-

CONTRACTOR is defective or not in accordance with the CONTRACT, or that the works or

any portion thereof are defective, or do not fulfill the requirements of CONTRACT (all such

matters being hereinafter, called `Defects' in this clause), and

b) As soon as reasonably practicable, gives to the CONTRACTOR notice in writing of the said

decision, specifying particulars of the defects alleged to exist or to have occurred, then

the CONTRACTOR shall at his own expenses and with all speed make good the defects so

In case CONTRACTOR shall fail to do so, the PURCHASER may take, at the cost of the

CONTRACTOR, such steps as may in all circumstances, be reasonable to make good such

defects. The expenditure so incurred by the PURCHASER will be recovered from the amount

due to the CONTRACTOR. The decision of the ENGINEER-IN-CHARGE with regard to the

amount to be recovered from the CONTRACTOR will be final and binding on the

CONTRACTOR. As soon as the WORK has been completed in accordance with the CONTRACT

(except in minor respects that do not affect their use for the purpose for which they are

intended and except for maintenance there of provided in tender document and have passed

the tests on completion, the ENGINEER-IN-CHARGE shall issue a certificate (hereinafter called

Completion Certificate) in which he shall certify the date on which the WORK have been so

completed and have passed the said tests and the PURCHASER shall be deemed to have taken

over the WORK on the date so certified. If the WORK has been divided into various groups in

the CONTRACT, the PURCHASER shall be entitled to take over any group or groups before the

other or others and there upon the ENGINEER-IN-CHARGE shall issue a Completion

Certificate which will, however, be for such group or groups so taken over only. In such an

event if the group /section/ part so taken over is related, to the integrated system of the

work, not withstanding date of grant of Completion Certificate for group/ section/ part. The

period of liability in respect of such group/ section/ part shall extend 12 (twelve) months

from the date of completion of WORK.

91.2 DEFECTS AFTER TAKING OVER:

In order that the CONTRACTOR could obtain a COMPLETION CERTIFICATE he shall make good,

with all possible speed, any defect arising from the defective materials supplied by the

CONTRACTOR or workmanship or any act or omission of the CONTRACT or that may have

been noticed or developed, after the works or groups of the works has been taken over, the

period allowed for carrying out such WORK will be normally one month. If any defect be not

remedied within a reasonable time, the PURCHASER may proceed to do the WORK at

CONTRACTOR's risk and expense and deduct from the final bill such amount as may be

decided by the PURCHASER.

If by reason of any default on the part of the CONTRACTOR a COMPLETION CERTIFICATE has

not been issued in respect of any portion of the WORK within one month after the date fixed

by the CONTRACT for the completion of the WORK, the PURCHASER shall be at liberty to use

the WORK or any portion thereof in respect of which a completion certificate has not been

issued, provided that the WORK or the portion thereof so used as aforesaid shall be afforded

reasonable opportunity for completing these works for the issue of Completion Certificate.

92 REPLACEMENT OF DEFECTIVE PARTS AND MATERIALS

92.1.1 If during the progress of the WORK, PURCHASER shall decide and inform in writing to the

CONTRACTOR, that the CONTRACTOR has manufactured any plant or part of the plant unsound

or imperfect or has furnished plant inferior to the quality specified, the CONTRACTOR on

receiving details of such defects or deficiencies shall at his own expenses within 7 (seven) days

of his receiving the notice, or otherwise within such time as may be reasonably necessary for

making it good, proceed to alter, re-construct or remove such work and furnish fresh

equipments upto the standards of the specifications. In case the CONTRACTOR fails to do so,

PURCHASER may on giving the CONTRACTOR 7 (seven) day's notice in writing of his intentions

to do so, proceed to remove the portion of the WORK so complained of and at the cost of

CONTRACTOR's, perform all such works or furnish all such equipments provided that nothing

in the clause shall be deemed to deprive the PURCHASER of or affect any rights under the

CONTRACT, the PURCHASER may otherwise have in respect of such defects and deficiencies.

92.1.2 The CONTRACTOR's full and extreme liability under this clause shall be satisfied by the

payments to the PURCHASER of the extra cost, of such replacements procured including

erection/installation as provided for in the CONTRACT; such extra cost being the ascertained

difference between the price paid by the PURCHASER for such replacements and the

CONTRACT price portion for such defective plants and repayments of any sum paid by the

PURCHASER to the CONTRACTOR in respect of such defective plant. Should the PURCHASER

not so replace the defective plant the CONTRACTOR's extreme liability under this clause shall

be limited to the repayment of all such sums paid by the PURCHASER under the CONTRACT for

such defective plant.

93 DEFENCE OF SUITS

93.1.1 If any action is brought before a Court, Tribunal or any other Authority against the Purchaser

or an officer or agent of the PURCHASER, for the failure, omission or neglect on the part of the

CONTRACTOR to perform any acts, matters, covenants or things under the CONTRACT, or

damage or injury caused by the alleged omission or negligence on the part of the

CONTRACTOR, his agents, representatives or his SUB-CONTRACTOR's, or in connection with

any claim based on lawful demands of SUB-CONTRACTOR's workmen or employees, the

CONTRACTOR, shall in such cases indemnify and keep the PURCHASER and/or their

representatives harmless from all losses, damages, expenses or decrees arising out of such

94 DEDUCTIONS FROM THE CONTRACT PRICE

94.1.1 All costs, damages or expenses which PURCHASER may have paid or incurred, which under the

provisions of the CONTRACT, the CONTRACTOR is liable/will be liable, will be claimed by the

PURCHASER. All such claims shall be billed by the PURCHASER to the CONTRACTOR regularly

as and when they fall due. Such claims shall be paid by the CONTRACTOR within 15 (fifteen)

days of the receipt of the corresponding bills and if not paid by the CONTRACTOR within the

said period, the PURCHASER may, then, deduct the amount from any moneys due i.e., Contract

Performance Security or becoming due to the CONTRACTOR under the CONTRACT or may be

recovered by actions of law or otherwise, if the CONTRACTOR fails to satisfy the PURCHASER

95 COMPLETION CERTIFICATE

95.1 APPLICATION FOR COMPLETION CERTIFICATE:

When the CONTRACTOR fulfils his obligation under Clause 94.1 he shall be eligible to apply

for COMPLETION CERTIFICATE.

The ENGINEER-IN-CHARGE shall normally issue to the CONTRACTOR the COMPLETION

CERTIFICATE within one month after receiving any application therefore from the

CONTRACTOR after verifying from the completion documents and satisfying himself that the

WORK has been completed in accordance with and as set out in the construction and erection

drawings, and the CONTRACT DOCUMENTS.

The CONTRACTOR, after obtaining the COMPLETION CERTIFICATE, is eligible to present the

final bill for the WORK executed by him under the terms of CONTRACT.

95.2 COMPLETION CERTIFICATE:

Within one month of the completion of the WORK in all respects, the CONTRACTOR shall be

furnished with a certificate by the ENGINEER-IN-CHARGE of such completion, but no

certificate shall be given nor shall the WORK be deemed to have been executed until all

scaffolding, surplus materials and rubbish is cleared off the SITE completely nor until the

WORK shall have been measured by the ENGINEER-IN-CHARGE whose measurement shall be

binding and conclusive. The WORKS will not be considered as complete and taken over by

the PURCHASER, until all the temporary works, labour and staff colonies are cleared to the

satisfaction of the ENGINEER-IN-CHARGE.

If the CONTRACTOR fails to comply with the requirements of this clause on or before the date

fixed for the completion of the WORK, the ENGINEER-IN-CHARGE may at the expense of the

CONTRACTOR remove such scaffolding, surplus materials and rubbish and dispose off the

same as he thinks fit and clean off such dirt as aforesaid, and the CONTRACTOR shall

forthwith pay the amount of all expenses so incurred and shall have no claim in respect of

any such scaffolding or surplus materials as aforesaid except for any sum actually realised by

the sale thereof.

95.3 COMPLETION CERTIFICATE DOCUMENTS:

For the purpose of Clause 98.2 the following documents will be deemed to form the completion

i) The technical documents according to which the WORK was carried out.

ii) Four (4) sets of construction drawings showing therein the modification and correction

made during the course of execution and signed by the ENGINEER-IN-CHARGE.

iii) COMPLETION CERTIFICATE for `embedded' and `covered' up work.

iv) Certificates of final levels as set out for various works.

v) Certificates of tests performed for various WORKS.

vi) Material appropriation, Statement for the materials issued by the PURCHASER for the

WORK and list of surplus materials returned to the PURCHASER's store duly supported by

necessary documents.

96 FINAL DECISION AND FINAL CERTIFICATE

96.1.1 Upon expiry of the period of liability and subject to the ENGINEER-IN-CHARGE being satisfied

that the WORKS have been duly completed by the CONTRACTOR and that the CONTRACTOR

has in all respect duly made-up any subsidence and performed all his obligations under the

CONTRACT, the ENGINEER-IN-CHARGE shall (without prejudice to the rights of the PURCHASER

to retain the provisions of relevant Clause hereof) otherwise give a certificate herein referred

to as the FINAL CERTIFICATE to that effect and the CONTRACTOR shall not be considered to

have fulfilled the whole of his obligations under CONTRACT until FINAL CERTIFICATE shall have

been given by the ENGINEER-IN- CHARGE notwithstanding any previous entry upon the WORK

and taking possession, working or using of the same or any part thereof by the PURCHASER

97 CERTIFICATE AND PAYMENTS ON EVIDENCE OF COMPLETION

97.1.1 Except the FINAL CERTIFICATE, no other certificates or payments against a certificate or on

general account shall be taken to be an admission by the PURCHASER of the due performance

of the CONTRACT or any part thereof or of occupancy or validity of any claim by the

98 CONTRACTOR’S RESPONSIBILITY

98.1.1 The contractor shall depute his supervisor for supervision of the services, as per the scope of

services mentioned and to receive instructions from Engineer-In-Charge or his representative.

98.1.2 Contractor shall make the salary payment to his personnel on or before 7 th of every month and

provide acknowledgement of salary slip by his personnel to the Purchaser. In case of default

by the contractor, Purchaser will hold the release of contractor’s payment till the contractor

makes the payment of salary to his personnel or Purchaser may take suitable action at the risk

& cost of Contractor.

98.1.3 Accommodation/ Transportation/ Conveyance/ Medical: The Contractor shall make his own

arrangement for the accommodation & medical assistance to his personnel at respective

locations and subsequent transportation / conveyance arrangement for them from their place

of residence to work place or any other place as required and Purchaser shall have no

obligation in this respect. The Purchaser shall not be responsible for providing any medical

assistance to the contractor personnel.

98.1.4 Discipline: The Contractor shall be responsible for the discipline and good behaviour of all his

personnel deployed in the services and should any complaint be received against any of his

employee, he shall arrange to replace such person(s) within 24 hours of notice issued by the

Engineer-in-Charge

at his own cost. The decision of the Engineer-in-Charge in this matter shall be final and binding

on the Contractor.

98.1.5 Gate pass/ Identity Card/ Uniform: The Contractor shall arrange for the gate pass, uniforms &

requirement of supply/ renewal of identity cards to his workforce as per design to be approved

by PURCHASER at his own cost, if so required by PURCHASER for security or for any other

reasons. Contractor’s personnel shall be required to carry their respective Identity Cards while

on duty and produce on demand.

99 MODIFICATION IN CONTRACT

99.1.1 All modifications leading to changes in the Contract with respect to technical and/or

commercial aspects shall be considered valid only when accepted in writing by Purchaser by

issuing amendment to the Contract. Issuance of acceptance or otherwise in such cases, shall

not be any ground for extension of agreed completion date and also shall not affect the

performance of contract in any manner except to the extent mutually agreed through a

modification of Contract.

99.1.2 Purchaser shall not be bound by any printed conditions or provisions in the Contractor’s Bid

Forms or acknowledgment of Contract, invoices, packing list or any other documents, which

imposes any conditions at variance with or supplemental to Contract.

100 RIGHT TO GET SERVICES CARRIED OUT THROUGH OTHER AGENCIES

100.1.1 Nothing contained herein shall restrict PURCHASER from accepting similar services from other

agencies at its sole discretion and at the risk and cost of the contractor, if the contractor fails

to provide the said services any time not up to the satisfaction of Engineer-in-Charge.

101 SUB-LETTING OF CONTRACT

101.1.1 No part of this contract, nor any share or interest therein, in any manner or extent, will be

transferred or assigned or sub-let, directly or indirectly, to any person / firm or organization by

the contractor without written consent of Purchaser. Notwithstanding an sub – letting with

such approval as aforesaid and notwithstanding that the ENGINEER – IN – CHARGE shall have

received copies of any Subcontracts, the Supplier shall be and shall remain solely responsible

for the quality, proper and expeditious execution of the Contract in all respect as if such sub –

letting or Subcontracting had not taken place, and as if such work had been done directly by

the SUPPLIER. The SUPPLIER shall bear all responsibility for any act or omission on the part of

Sub – Suppliers in regard to work to be performed under the CONTRACT.

101.2 PURCHASER MAY TERMINATE SUB – CONTRACTS:

101.2.1 If any SUB – CONTRACTOR engaged upon the works at the site executes any works which in

the opinion of the ENGINEER – IN – CHARGE is not in accordance with the CONTRACT

documents, the PURCHASER may by written notice to the CUPPLIER request him to terminate

such subcontract and the SUPPLIER upon the receipt of such notice shall terminate such

subcontract and dismiss the SUB – CONTRACTOR(S) and the later shall forthwith leave the

works, failing which the PURCHASER shall have the right to remove such SUB –

CONTRACTOR(S) from the site.

102 EMPLOYMENT LIABILITY OF CONTRACTOR

102.1.1 The Contractor shall indemnify Purchaser & shall be solely and exclusively responsible for any

liability arising due to any difference or dispute between him and his employee / Third Party

for the execution of this contract at any time during / after the contract period is over. All

workmen engaged by the contractor shall be on his roll and be paid by him and Purchaser shall

have no responsibility towards them.

102.1.2 The Contractor shall be directly responsible and indemnify the Purchaser against all charges,

claims, dues, etc. arising out of disputes relating to the dues and employment of personnel

deployed by him.

102.2 The Contractor shall indemnify the Purchaser against all losses or damages caused to it on

account of acts of the personnel deployed by the contractor.

103 The Contractor shall ensure regular and effective supervision of the personnel deployed by

himCOMPLIANCE OF LAWS

103.1.1 The contractor deploying contract labour shall obtain license from appropriate licensing

authority as per prevailing rules & regulation and as modified from time to time during contract

103.1.2 The contractor (which shall include the contracting firm / company) shall be solely liable to

obtain and to abide by all necessary licenses from the concerned authorities as provided under

the various Labour Laws / legislations including labour license from the competent authority

under the Contract Labour (“Regulation & Abolition”) Act 1970 and Acts made thereafter.

103.1.3 The Contractor shall also be bound to discharge obligations as provided under various

statutory enactments including the Employees Provident Fund and Miscellaneous Provisions

Act 1952, ESI Act 1948, Contract Labour (“Regulation & Abolition”) Act 1970, Minimum Wages

Act 1948, payment of wages Act 1936, Workmen’s Compensation Act 1923 and other relevant

Acts, Rules & Regulations in force from time to time.

103.1.4 The Contractor shall be responsible for necessary contributions towards PF, Family Pension,

ESIC or any other statutory payments to Government Agencies as applicable under the laws in

respect of the contract and of personnel deployed by the contractor for rendering services to

Purchaser and shall deposit the required amount with the concerned statutory authorities on

or before due dates. The contractor shall obtain a separate PF number from the concerned

Regional Provident Fund Commissioner and submit necessary proof of having deposited the

employees as well as the Purchaser’s contribution to the Provident Fund. The contractor shall

also be responsible for payment of any administration / inspection charges thereof, wherever

applicable, in respect of personnel deployed by him relating to the work of Purchaser.

103.1.5 The Contractor shall not engage / deploy any person of less than 18 years under this contract,

and the person(s) to be deployed should be physically and mentally fit.

103.1.6 The installations where job is to be carried out are live and have hydrocarbon environment.

Contractor shall comply with all safety and security rules and regulations and other rules laid

down by Purchaser for its operation. Contractor shall follow best Engineering practice and

relevant international safety standards. It shall be duty / responsibility of the Contractor to

ensure the compliance of fire safety, security and other operational rules and regulations by

his personnel. Disregard to these rules by the Contractor’s personnel will lead to the

termination of the Contract in all respects and shall face penal / legal consequences.

103.1.7 Personnel protective items like safety helmets, safety shoes, hand gloves, eye protection,

cotton working overalls / dresses (not synthetic materials) and other required materials for the

safety of the contractor’s personnel shall be arranged by the contractor himself. However fire

fighting equipments shall be arranged by Purchaser.

103.1.8 The Contractor shall arrange for life insurance for all his personnel deployed on the job as per

the relevant Acts, rules and regulations, etc. In case by virtue of provisions of Workers

Compensation Act, 1923 or any other law in force, Purchaser has to pay compensation for a

workman employed by the Contractor due to any cause whatsoever, the amount so paid shall

be recovered from the dues payable to the Contractor and/or security deposit with Purchaser.

General third party insurance for CNG Station shall be arranged by Purchaser.

104 THE ENGINEER-IN-CHARGE SHALL HAVE POWER TO

104.1.1 Issue the contractor from time to time during the running of the Contract such further

instructions as shall be necessary for the purpose of proper and adequate execution of the

Contract and the Contractor shall carry out and bound by the same.

104.1.2 During the currency of this Contract, PURCHASER can increase and / or decrease the number

of the services required & quantity of work /services shown in from the Schedule of Rates.

104.1.3 Order the Contractor to remove or replace any workmen whom the Purchaser considers

incompetent or unsuitable and opinion of the Purchaser representative as to the competence

of any workman engaged by the contractor shall be final and binding on the Contractor. Key

personnel can be deployed at site only after getting approval from the PURCHASER.

105 REPATRIATION AND TERMINATION

105.1.1 PURCHASER shall reserve the right, at any time during the currency of the contract without

assigning any reason thereof to terminate it by giving 30 days notice to contractor, and upon

expiry of such notice period the contractor shall vacate the site / office provided to him by

Purchaser immediately.

105.1.2 Goods procured by the Contractor, but not utilized till date of termination will be the

responsibility of the Contractor and no claim will be entertained by the Purchaser for the same.

105.1.3 Also Purchaser will not be responsible for any cost incurred by the Contractor including but

not limited to repatriation of the workers, lease amount deposit for accommodation provided

to the workers, etc. In case Purchaser has to incur expenses due to the same, the same shall

be recovered from the dues payable to the contractor and / or security deposit held with

106.1.1 Contractor shall exclusively be liable for non-compliance of the provisions of any act, laws rules

and regulations having bearing over engagement of workers directly or indirectly for execution

of Contract and the Contractor hereby undertake to indemnify the Purchaser against all

actions, suits, proceedings, claims, damages demands, losses, etc. which may arise under

Minimum Wages Act 1948, payment of wages Act 1936, Workmen’s Compensation Act

Personnel Injury (Compensation Insurance) Act, ESI Act, Fatal accident Act, Industrial Dispute

Act, Shops and Establishment Act, Employees Provident Fund Act, Family Pension and deposit

Linked Insurance schemes or any other act or statutes not herein specifically mentioned but

having direct or indirect application for the persons engaged under this contract.

107 CONTRACTOR’S SUB-ORDINATE STAFF AND THEIR CONDUCT

107.1.1 Contractor, on or after award of the Contract shall Name and Depute a qualified engineer

having sufficient experience in carrying out work of similar nature, to whom the equipments,

materials, if any, shall be issued and instructions for works given. The Contractor shall also

provide to the satisfaction of the Engineer-In-Charge. sufficient and qualified staff to

superintend the execution of the Contract, foremen and leading hands including those

specially qualified by previous experience to supervise the types of works comprised in the

Contract in such manner as will ensure work of the best quality, expeditious working.

Whenever in the opinion of the Engineer-In-Charge additional properly qualified supervisory

staff is considered necessary, they shall be employed by the Contractor without additional

charge on accounts thereof.

107.1.2 If and whenever any of the Contractor's assistants, foremen, or other employees shall in the

opinion of Engineer-In- Charge be guilty of any misconduct or be incompetent or insufficiently

qualified or negligent in the performance of their duties of that in the opinion of the Purchaser

or the Engineer-In-Charge, it is undesirable for administrative or any other reason for such

person or persons to be employed in the works, the Contractor, is so directed by the Engineer-

In-Charge, shall at once remove such person or persons from employment thereon. Any person

or persons so removed from the works shall not again be employed in connection with the

Contract without the written permission of the Engineer-In-Charge. Any person so removed

from the Contract shall be immediately re-placed at the expense of the Contractor by a

qualified and competent substitute. Should the Contractor be requested to repatriate any

person removed from the works he shall do so and shall bear all costs in connection herewith.

107.1.3 The Contractor shall be responsible for the proper behaviour of all the staff, foremen,

workmen, and others, and shall exercise a proper degree of control over them and in particular

and without prejudice to the said generality, the Contractor shall be bound to prohibit and

prevent any employees from trespassing or acting in any way detrimental or prejudicial to the

interest of the community or of the properties or occupiers of land and properties in the

neighbourhood and in the event of such employee so trespassing, the Contractor shall be

responsible therefore and relieve the Purchaser of all consequent claims or actions for

damages or injury or any other grounds whatsoever. The decision of the Engineer-In-Charge

upon any matter arising under this clause shall be final. The Contractor shall be liable for any

liability to Purchaser on account of deployment of Contractor's staff etc. or incidental or arising

out of the execution of Contract.

107.1.4 The Contractor shall be liable for all acts or omissions on the part of his personnel, staff,

foremen and workmen / labour and others in his employment, including misfeasance or

negligence of whatever kind in the course of their work or during their employment, which are

connected directly or indirectly with the Contract.

108 JURISDICTION

108.1 The contract shall be governed by and constructed according to the laws in force in Anand

109 FORCE MAJEURE

109.1.1 In the event of either party being rendered unable by Force Majeure to perform any obligation

required to be performed by it under this agreement, the relative obligation of the party

affected by such Force Majeure shall, after notice under this article be suspended for the

period during which such cause lasts.

109.1.2 The term Force Majeure as employed herein shall mean act of god, war/hostilities, riot/civil

commotion, earthquake, Tsunami, fire, flood, tempest, lightening or other natural disaster,

restriction imposed by the government or other statutory bodies, acts and regulations or any

of its authorised agencies.

109.1.3 Upon such occurrence, contractor shall immediately inform the Purchaser and only in case

Purchaser decides, contractor shall interrupt the CNG re-fueling. In case of any emergency,

contractor shall activate Emergency Response Plan (ERP) as per Purchaser’s approved

109.1.4 Upon the occurrence of such cause and upon its termination, the party alleging that it has been

rendered unable as aforesaid thereby, shall notify the other party in writing within forty eight

(48) hours of the alleged beginning and ending thereof giving full particulars and satisfactory

evidence in support of its claim.

109.1.5 Time for performance of the relative obligation suspended by the Force Majeure shall then

stand extended for the period for which such cause lasts.

TENDER FOR SUPPLY, ERECTION, TESTING AND COMMISSIONING OF

ELECRRIC MOTOR DRIVEN CNG LOW PRESSURE COMPRESSOR

SPECIAL CONDITIONS OF CONTRACT (SCC)

SPECIAL CONDITIONS OF CONTRACT

1 DEFINITIONS AND INTERPRETATIONS

1.1 In addition to meaning ascribed to certain initial capitalized terms in “SCC”, following initial

capitalized terms shall have the meaning as ascribed to such term hereunder. In case any term

defined hereunder is also defined in “SCC”, the meaning ascribed to such term hereunder shall

1.2 Definitions

Bid Documents shall mean documents issued to the bidder pursuant to IFB and listed in ITB Clause

Effective Date shall mean the date on which Contractor’s obligations will commence and that will

be the date of first notification of award i.e. Fax of Intent/Contract/Work Order.

2 INTERPRETATIONS

2.1 Where any portion of the GCC is repugnant to or at variance with any provisions of the SCC then,

unless a different intention appears, the provisions of the SCC shall be deemed to govern the

provisions of the GCC and SCC provisions shall prevail to the extent of such repugnancy, or

variations exist.

2.2 In Contract Documents unless otherwise stated specifically, the singular shall include the plural

and vice versa wherever the context so requires.

Notwithstanding the sub-division of the Contract Documents into separate sections and volumes

every part of each shall be deemed to be supplementary to and complementary of every other

part and shall be read with and into the Agreement so far as it may be practicable to do so.

2.3 All headings, subtitles and marginal notes to the clauses of the GCC, SCC or to the Specifications

or to any other part of Bid Document are solely for the purpose of giving a concise indication and

not a summary of the contents thereof, and they shall never be deemed to be part thereof or be

used in the interpretation or construction thereof.

2.4 The terms fully capitalized and/or initial capitalized shall be interchangeable and shall have the

meaning as assigned to fully capitalized term or initial capitalized term.

3 INSPECTIONS AND TEST OF MATERIAL/EQUIPMENT UNDER CONTRACTOR’S SCOPE

3.1 Inspection and tests prior to shipment of material and at final acceptance shall be as specified in

Technical Specifications. However, without prejudice to the provisions of Technical specifications

following shall hold good:

3.2 The Purchaser or its representative shall have the right to inspect and/ or to test the material to

confirm their conformity to the specifications.

3.3 If any inspected or tested material fail to conform the specifications, the Purchaser may reject

them and the Contractor shall either replace the rejected materials or make all the alterations

necessary to meet the specifications, free of cost to the Purchaser.

3.4 The Purchaser's right to inspect, test and where ever necessary reject the material after the

material’s arrival in the Purchaser’s site shall in no way be limited to or waived by reason of the

material having previously been inspected, tested and passed by the Purchaser or their

representative prior to the material shipment from the material supplier.

4 STATUTORY VARIATIONS IN TAXES

4.1 The entire work covered under this contract shall be treated as works contract services. Bidder

shall be required to quote their rates for all the SOR items inclusive of all applicable taxes as

defined in the tender document. The rates are inclusive of all applicable taxes in contract value.

Any statutory variation in the tax during the scheduled completion period only shall be considered

by the owner against documentary evidence.

5 TERMS AND MODE OF PAYMENT

5.1 The Payment terms shall be as follows :

The CONTRACTOR has to raise the INVOICE and payment shall be made on certification of bills by

Engineer-in-Charge as follows: -

6 PAYMENT METHODOLOGY

6.1 The contractor shall raise invoices for works carried out duly certified by Engineer-in-Charge in

6.2 The payments to the Contractor will be released within a period of 30 days from the date of

receipt of the certified invoice as per the terms and conditions of the Contract.

6.3 Purchaser will release payment as per SCC Clause No.

7 COMPENSATION FOR IDLE TIME

7.1 No Idle time claim shall be entertained under any circumstances.

8 PRICE REDUCTION SCHEDULE (PRS)

8.1 In case contractor fails to complete the work/ services within stipulated period then unless such

failure is due to force majeure as defined in Bid document, there will be reduction in contract

price @ 1% for each week of delay or part thereof subject to maximum of 10% of contract price.

8.2 Purchaser may without prejudice to any methods of recovery, deduct the amount of such PRS

from any money due or which may at any time become due to contractor from its obligations or

liabilities under the contract or by recovery against the performance bank guarantee. Both

Purchaser and contractor agree that the above percentage of price reduction are genuine pre-

estimates of the loss/ damage which Purchaser would have suffered on account of delay/ breach

on the part of contractor and the said amount will be payable on demand without there being any

proof of the actual loss/ damage caused by such delay/ breach. Purchaser decision in the matter

of applicability of price reduction shall be final and binding.

9 ALTERATIONS IN SPECIFICATIONS, DESIGN AND EXTRA WORKS:

9.1 The ENGINEER-IN-CHARGE shall have to make any alterations in, omission from, additions to or

substitutions for, the Schedule of Rates, 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 such altered/ extra/ new items of WORK in

accordance with any instructions which may be given to him in writing signed by the ENGINEER-

IN- CHARGE, and such alterations, omissions, additions or substitutions shall not invalidate the

CONTRACT and 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.

The time of completion of WORK may be extended for the part of the particular job at the

discretion of the ENGINEER-IN- CHARGE, for only such alterations, additions or substitutions of

the WORK, as he may consider as just and reasonable. The rates for such additional, altered or

substituted WORK under this clause shall be worked out in accordance with the following

For Item Rate Contract

a) If the rates for the additional, altered or substituted WORK are specified in the CONTRACT for the

WORK, the CONTRACTOR is bound to carry on the additional, altered or substituted WORK at the

same rates as are specified in the CONTRACT.

b) If the rates for the additional, altered or substituted WORK are not specifically provided in the

CONTRACT for the WORK, the rates will be derived from the rates for similar class of WORK as are

specified in the CONTRACT for the WORK. The opinion of the ENGINEER-IN- CHARGE, as to

whether or not the rates can be reasonably so derived from the items in this CONTRACT will be

final and binding on the CONTRACTOR.

c) If the rates for the altered, additional or substituted WORK cannot be determined in the manner

specified in sub-clause (a) and (b) above, then the CONTRACTOR shall, within 7 days of the date

of receipt of order to carry out the WORK, inform the ENGINEER-IN-CHARGE of the rates which it

is his intention to charge for such class of WORK, supported by analysis of the rate or rates

claimed, and the ENGINEER-IN-CHARGE shall determine the rate or rates on the basis of the

prevailing market rates, labour cost at schedule of labour rates plus 10% to cover contractor's

supervision, overheads and profit and pay the CONTRACTOR accordingly. The opinion of the

ENGINEER- IN-CHARGE as to current market rates of materials and the quantum of labour

involved per unit of measurement will be final and binding on the CONTRACTOR.

d) Where the item of work will be executed through nominated specialist agency as approved by the

ENGINEER-IN-CHARGE, then the actual amount paid to such nominated agency supported by

documentary evidence and as certified by ENGINEER-IN-CHARGE shall be considered plus 10%

(ten percent) to cover all contingencies, overhead, profits to arrive at the rates.

10 HEALTH SAFETY AND ENVIRONMENT (HSE)

10.1 The Contractor will strictly adhere to Health Safety and Environment policy as stated in Technical

Specifications Vol. II of II of this Bid document and/ or the policies followed by the Purchaser.

10.2 All the safety rules and regulations prevailing and applicable from time to time at the installations

as directed by PURCHASER will be strictly adhered to by the Contractor.

10.3 Contractor has to ensure the safety of man and machine all the times. Damages to equipments

due to bad workmanship/negligence will be recovered as per the decision of Engineer-in-Charge,

which will be final and binding upon the contractor.

10.4 The contractor shall supply all the protective safety equipments like helmets / hard head hats,

gumboots / safety shoes, hand gloves, safety belts, eye protection, ear protection etc. to his

workmen at his own cost as required by operations.

10.5 Carrying / striking of matches, open flames, lighters or smoking or other such acts, which may

cause fire hazards at the work site / in the terminals / installations, is strictly prohibited.

10.6 Tobacco/ Ghutka chewing or other such acts, are strictly prohibited at the site.

10.7 In addition to the PRS clause, the penalty will be imposed as per clause x, in case Contractor fails

to follow safety norms and barricading as defined in the tender document.

11 PROVIDENT FUND

11.1 The Contractor shall strictly comply with the provisions of Employees Provident Fund Act

applicable in India and register themselves with Regional Provident Fund Commission (RPFC)

before commencing the work. The Contractor shall deposit employees and his contributions to

the RPFC every month. The Contractor shall furnish along with each running bill, the challan/

receipt for payment made to the RPFC for the preceding months.

11.2 In case the RPFC’s challan/ receipt, as above, is not furnished, Purchaser shall deduct 20% (Twenty

percent) of the payable amount from Contractor’s running bill and retain the same as a deposit

such retained amount shall be refunded to Contractor on production of RPFC Challan/receipt for

the period covered by the related running bill.

11.3 In case it is observed that contractor fails to submit requisite RPFC Challans along with bills more

than once during the tenancy of the contract and submits subsequently a token penalty per

instance may be imposed by owner as per clause x.

12 POWER AND WATER CONNECTION

12.1 The Purchaser will not provide any power and water during construction period. Contractor shall

apply and obtain necessary power and water connection from relevant authority and will pay its

uses charges or arrange the same from the other sources.

13 CONSTRUCTION AIDS, EQUIPMENTS, TOOLS & TACKLES

13.1 CONTRACTOR shall be solely responsible for making available for executing the WORK, all

requisite CONSTRUCTION EQUIPMENTS, Special Aids, Barges, Cranes and the like, all Tools,

Tackles and Testing Equipment and Appliances, including Customs of such equipment etc. as

required. In case of Customs of the same the rates applicable for levying of Custom Duty on such

Equipment, Tools, & Tackles and the duty drawback applicable thereon shall be ascertained by

the CONTRACTOR from the concerned authorities of Government of India. It shall be clearly

understood that PURCHASER shall not in any way be responsible for arranging to obtain Custom

Clearance and/or payment of any duties and/or duty draw backs etc. for such equipments so

imported by the CONTRACTOR and the CONTRACTOR shall be fully responsible for all taxes, duties

and documentation with regard to the same.

14 CONDITIONS FOR ISSUE OF MATERIALS

14.1 Whenever any material is issued by Purchaser, following conditions in addition to other conditions

as specified in the contract shall be applicable.

14.2 Necessary indents will have to be raised by the Contractor as per procedure laid down by the

Engineer-in-charge from time to time, when he requires the above material for incorporation in

permanent works.

14.3 Materials will be issued only for permanent works and not for temporary works , enabling works

etc. unless specifically approved by the Engineer-in-charge and the same shall not be taken into

account for the purpose of materials reconciliation.

14.4 The contractor shall beer all other cost including lifting, carting from issue points to work including

transit insurance , Site/ contractor's store, custody and handling etc including insurance cover for

appropriate value . and return of surplus/ serviceable scrap materials to Purchaser's storage

points to be designated by the Engineer-in-charge etc. No separate payment for such expenditure

14.5 No material shall be allowed to be taken outside the plant without a gate pass.

14.6 The contractor shall be responsible for proper storage, preservation and watch & ward of the

15 NON COMPLIANCE RATIONALIZATION

15.1 In case of non availability of required material to be provided by the contractor and the material

being available with CGSML, it can be issued to the contractor on chargeable basis. The charges

payable by the contractor shall be in advance and at the last PO rate plus 15% overhead charges.

However, any delay on account of non-availability of material shall be to contractor’s account for

applicability of PRS clause.

16 REQUIREMENTS FOR CONTRACTOR AT SITE

16.1 Contractor shall establish site office in the respective areas, allotted to them with adequate

facilities like tables, chairs, telephone, computer with mailing facility etc. for effective

communication and documentation.

16.2 Contractor shall provide as and when required a wagon(s) suitable for soil removal, for the

delivery or reinstatement materials and for the transport of pipe to and from site.

16.3 Contractor shall supply transport for their technical staff and operatives to mover from site to

site, and to move tools and equipment from site to site, this vehicle will also be fitted with a

towards suitable for the towing of a mobile air compressor or pipe trailer.

16.4 Contractors shall make appropriate arrangements to ensure that their supervisor9s) are

adequately mobile and can attend sites or meetings with CGSML, other authorities or customers

as required, without any undue delay.

16.5 Contractors shall provide cell phones to their supervisors for day-to-day communication with

CGSML and site representatives of CGSML.

16.6 The RCM/Site In charge must be a permanent employee of the contractor having desired

qualification and work experience, any change in key persons working at site shall be informed to

the owner promptly.

16.7 Owner will not allow switching/swapping of key personnel of any contractor working at site from

one contractor to another during the continuity of the contract.

17 COMPLIANCE WITH LAW

17.1 Contractor shall abide by all prevailing Laws of India including but not limited to:

17.1.1 Apprentices Act.

17.1.2 Contract labour (Regulation & Abolition) Act.

17.1.3 Employers Liability Act.

17.1.4 Environment Protection Act.

17.1.5 Factory Act.

17.1.6 Industrial Dispute Act.

17.1.7 Minimum Wages Act.

17.1.8 Payment of Wages Act.

17.1.9 Workman Compensation Act.

17.1.10 Any other Statute, Act, Law as applicable.

18 STATUTORY APPROVALS

18.1 General permissions shall be obtained by the Purchaser. However, working approval from any

authority required as per statutory rules and regulation of Central/ State Government/ Local

Bodies shall be the Contractor’s responsibility unless otherwise specified in the bid document.

The application on behalf of the Purchaser for submission to relevant authorities along with

copies of required certificates complete in all respects shall be prepared and submitted by the

Contractor well ahead of time so that the actual construction/ commissioning of the work is not

delayed for want of the approval/ inspection by concerned authorities.

18.2 The Contractor shall arrange the inspection of the work by the authorities and necessary co-

ordination and liaison work in this respect shall be the responsibility of the contractor. However,

Purchaser will reimburse the statutory fees paid by the contractor, if any, to the Contractor at

actual on production of documentary evidence for all inspections and approval to such

18.3 Any change/ addition required to be made to meet the requirements of the statutory authorities

shall be carried out by the Contractor without additional cost to Purchaser. The inspection and

acceptance of the work by statutory authorities shall however, not absolve the Contractor from

any of his responsibilities under this Contract.

19 SITE CLEANING

19.1 Contractor shall clean and keep clean (Housekeeping and cleanliness) the work site always to

the satisfaction of the Engineer–in-charge for easy access to work site and to ensure safe

passage, movement and working.

19.2 The Contractor shall dispose off the unserviceable materials, debris etc. to any area, as decided

by the Engineer–In–Charge.

19.3 No extra payment shall be paid on this account.

20.1 Regarding work completion, the decision of the Engineer-in-Charge will be final and binding.

20.2 The work executed and material supplied shall be to the satisfaction of Engineer-in-Charge and

contract price shall include for any incidental and contingent work although not specifically

mentioned in the contract but is necessary for its completion in an efficient and workman like

20.3 The Engineer-in-Charge or his authorized representative shall approve the quality of all the

materials used by contractor from time to time.

21 MATERIAL TO BE SUPPLIED BY THE CONTRACTOR

21.1 Contractor will place timely orders on Owner’s specified manufacturers/agencies so as to

receive the material in accordance with the execution of project activities. The orders to be

placed by the contractor shall incorporate certain clauses with respect to delivery schedule,

guarantee/warranty, inspection and despatch clearance by Owner. The items and quantities

shall be in accordance with the work to be executed and shall be verified by Owner for its

appropriations.

21.2 All material will be manufactured as per approved Quality Assurance Plan (QAP) only to be

specified by Owner. Material will be inspected by owner’s appointed third party inspection

(TPIA), the charges of which shall be in owner scope.

21.3 After approval of QAP, Contractor will submit a schedule production plan mentioning qty’s of

production along with inspection call at-least one week in advance from the date of

commencement of production.

21.4 Contractor will submit a written request to Owner for dispatch clearance of material. For this

purpose, he will be required to submit detailed material test inspection report and release note

issued by the TPIA. On getting the dispatch clearance, the contractor will arrange material

dispatch to the designated project site(s).

21.5 Contractor shall arrange for proper storage of his material distinctly separate from free-issued

material. Contractor shall required to appraise Owner regarding cover area, lock & key

arrangement of its safe custody, resources marked safe and proper receiving, stocking, issuing,

maintaining all verifying records on regular basis.

21.6 Contract shall invariably submit copies of order placed by them on various agencies for sourcing

material and shall ensure submission of invoices, challis/packing lists, LR Copy, material

inspection report and guarantee/warranty certificate for each lot of material received at

21.7 All material should be covered under warranty for satisfactory performance for maximum

period of defect liability of executed work. Any defect noticed during defect liability period shall

be promptly attended as faulty material must be contractor’s responsibility to take-up the

matter with material supplier. Any delay on account of non-availability of ordered material or

replacement of faulty material shall not be waived by the reason of material having ordered to

and inspected by Owner’s recommended agencies. Faulty material must be contractor’s

responsibility to take-up the matter with material supplier. Any delay on account of non-

availability of ordered material or replacement of faulty material shall not be waived by the

reason of material having ordered to and inspected by Owner’s recommended agencies.

21.8 Before award of works order/ starting of work at allotted site, contractor shall provide details

of stores and site office established by him for the intended work. Failing which the allocation

of work may be deferred by Owner. Also, the contractors shall submit details of tools& tackles

under his procession

required for execution of the work. Owner shall verify all these aspects before allocating work

to the contractor.

21.9 The networking work includes Horizontal Directional Drilling (HDD) at various locations by

means of HDD machining of appropriate capacities. Contractor advised to apprise himself of all

such requirements and confirm in writing to the owner of having HDD machines with him or

having tie-up with some reputed contractor. Any delay during the executing due to non-

availability of HDD machine shall not be accepted by Owner.

21.10 Contractor will not transfer any free issue as well as his supplied material to any other site/ any

other contractor without prior written approval of the Engineer- In charge.

22.1 If installations/work done by the contractor is not as per the standards and rectification of the

same is not completed within the stipulated time, a penalty 0.1 % per day of estimated amount

shall be levied on the contractor.

Further, if it is noticed and confirmed by the s/Third party Agencies/ CGSML Site In charge, that

the work/services doesn’t comply with the Safety/Technical requirements mentioned in the

tender document, CGSML shall have right to levy following penalties on the Contractor and

deduct applicable amount from the Contractor’s Running Bills.

22.1.1 In case required numbers of safety equipments like Safety Harness belts, helmets, fluorescent

jackets etc as per the Technical Specifications and Special conditions of the contract of the

tender, could not be provided by the contractor during supply, work shall be suspended and

notice shall be served by CGSML Site-In charge to the contractor Rs 500.00 per day shall be

levied as penalty till such time the same is provided.

22.2 In case of non compliance of statutory provisions penalty will be imposed by the owner as

detailed below:

22.2.1 Contractor’s failure to submit RPFC challans along with the bills for more than one month during

the tenancy of the contract shall attract penalty of Rs 5000.00 per month. Owner may suspend

the work if challans are not submitted within three months.

22.2.2 Delay in submitting the required insurance policies as specified in the tender document will

result into a penalty of Rs 5000.00 over and above the amount which would have otherwise

being paid by the contractor in obtaining the required insurance policies. The contract may be

terminated in case of in- ordinate delays at the sole discretion of owner.

22.2.3 The contractor must obtain labour license before the start of work at allotted site. The

completion period specified against each work order includes time required for mobilisation and

fulfilment of all statutory requirements as defined in the tender document.

23 COMPLETION DOCUMENT

23.1 Contractor in two sets shall submit the following documents in hard binder, as a part of

completion documents:

23.1.1 Copies of the Inspection reports, drawings and other Test results and reports.

23.1.2 All other requirements as specified in the respective specifications.

23.1.3 Completion Certificate issued by Owner’s Site Engineer.

23.1.4 No claim certificate by the Contractor.

23.1.5 Completion Certificate for embedded and covered up works wherever applicable.

23.1.6 Recovery statement, if any.

23.1.7 Copies of deviation statement and order of extension of time, if granted.

23.1.8 Copies of all documents related to statutory requirements like Labour License, CAR Policy, WCP,

EPF, ESI challans etc.

23.1.9 Any other contractual documents required on completion.

24.1 All personnel of the contractor entering on work premises shall be properly and neatly dressed

and shall wear uniform badges while working on premises of the Purchaser including work sites.

24.2 The rates quoted by the bidder must be inclusive of all the taxes, duties & levies etc. except GST.

Contractor shall provide all labour and necessary supervision to carry out the work as per the scope of

work as defined in tender document, which forms part of this contract in accordance with the conditions

of the contract laid down in this part of contract read in conjunction with General Conditions of Contract

TENDER FOR SUPPLY, ERECTION, TESTING AND

CHAROTAR GAS SAHAKARI COMMISSIONING OF ELECTRIC MOTOR

MANDALI LIMITED DRIVEN CNG COMPRESSOR

SCHEDULE OF RATES

Sr. Unit Rate Total Amount

Sr. Unit Rate Total Amount

Item Description Make Unit Qty.

No. (INR) (INR)

Supply of Electric Motor Driven CNG Compressor (Packaging, Supply, Transportation, Loading &

1 Unloading at site) as per the technical specifications mentioned in the tender

CAPACITY : 900 SCMH

Electric Motor Driven Low Pressure Compressor

Erection, Installation, Testing & Commissioning

of Electric Motor Driven Low Pressure

3 Comprehensive Operation & Maintenance of Electric Motor Driven CNG Compressor 1 year.

Operation of Electric Motor Driven CNG

Compressor during the warranty period

TECHNICAL SPECIFICATIONS :

Motor Driven CNG Compressor 900 SCMH Capacity

S No Equipment Parameter Technical Specifications

1 CNG Low Pressure 900 SCMH capacity, Electrical motor driven CNG compressor with

Compressor Flame proof Operating panel and CO2 flooding system, Completely

enclosed in Acoustic canopy (Less than 75 db, at 1 mtr)

Input Gas Pressure: 2.5 Bar to 4.5 Bar.

Output Gas Pressure: 250 Bar Max.

CNG outlet suitable for 3 cylinder bank Storage cascade.

With essential spares for one year.

Including suitable Electric control panel with VFD start system for

Please note following CGSML’s zero deviation Terms and Conditions:

1. Payment Terms: 100% Payment against receipt of certified Tax invoice within 30 days.

2. Transportation: At our Dedarda Borsad CNG Station – Supplier’s Scope

3. Packing, Forwarding and Transit Insurance - Supplier’s Scope

4. Loading & Unloading: Supplier Scope

4. Scope of Supplier: Supply of material along with Test certificate and material Warranty Certificate.

5. Third Party Inspection: From reputed Third Party Agencies approved by PNGRB - Supplier’s Scope

6. Delivery Period: Within 4 to 5 month from the date of PO.

7. Guarantee/Warranty – 12 months from the date of commissioning or 18 months from the date of supply

8. Special Note : Main motor and UPS cable is in our scope. (Other require cable is in supplier Scope)

(SEAL AND SIGNATURE OF BIDDER)