Design, Engineering, Manufacturing, Supply, Erection, Testing & commissioning of 01 Nos. of 220/66kv Transformer Bays at 220kv Dahej ss and 01 No of 220/66kv Transformer Bay at 220kv Zagadiya ss Under Bharuch Tr. circle on EPC basis excluding Civil works

Seal & Signature of Bidder

CLAUSE TITLE PAGE

TENDER SPECIFICATION NUMBER

NOTICE INVITED TENDER

[I] GENERAL CONDITION OF CONTRACT (GCC)

1 GENERAL PARTICULARS

2 SCOPE OF THE PROPOSAL AND WORK

3 BIDDING COSTS

4 DETAILS OF DOCUMENTS

5 KNOWING THE BID DOCUMENTS

6 CLARIFICATIONS ON BID DOCUMENTS

7 AMENDMENT OF BIDDING DOCUMENT

8 LANGUAGE OF BID

9 LOCAL CONDITIONS

10 DOCUMENTS COMPRISING THE BID

12 BID SECURITY/EMD

13 FORMAT OF BID

25 SIGNATURE OF BIDS

15 SEALING AND MARKING OF BIDS

16 DEADLINE FOR SUBMISSION OF BIDS

18 MODIFICATION AND WITHDRAWAL OF BIDS

19 INFORMATION REQUIRED WITH THE PROPOSAL

20 OPENING OF BIDS BY OWNER

21 PURPOSE OF EVALUATION OF BIDS

22 POLICY FOR BIDS UNDER CONSIDERATION

23 PRELIMINARY EXAMINATION

Seal & Signature of Bidder

24 AWARD CRITERIA

25 OWNER’S RIGHT TO ACCEPT ANY BID AND TO REJECT

ANY OR ALL BIDS

26 NOTIFICATION OF AWARD

27 SIGNING OF CONTRACT

28 DEFINITION OF TERMS

31 LANGUAGE AND MEASURES

33 TAXES AND DUTIES

34 TAXES, PERMITS & LICENCES

35 PRICE INCLUSIONS (INCLUDING TAXES & DUTIES)

36 CONTRACT PERFORMANCE GUARANTEE

38 PERFORMANCE GUARANTEE

39 TIME SCHEDULE

40 TIME – THE ESSENCE OF CONTRACT

41 PENALTY FOR DELAY

42 DELAYS BY OWNER OR HIS AUTHORISED AGENTS

43 PRESENTATION OF BILLS

45 PAYMENT SCHEDULE

46 DEDUCTIONS FROM CONTRACT PRICE

47 TERMS OF PAYMENT

48 TAKING DELIVERY AND INSURANCE

50 CONTRACT QUALITY ASSURANCE

51 ERECTION TOOLS AND TACKLES

53 CONTRACT DOCUMENTS

54 USE OF CONTRACT DOCUMENTS AND INFORMATION

Seal & Signature of Bidder

55 CONSTRUCTION OF THE CONTRACT

56 JURISDICTION OF CONTRACT

57 EXECUTION OF CONTRACT

58 ENFORCEMENT OF TERMS

59 COMPLETION OF CONTRACT

60 REPLACEMENT OF DEFECTIVE PARTS AND

61 PATENT RIGHTS AND ROYALTIES

62 DEFENCE OF SUITS

63 LIMITATION OF LIABILITIES

64 ENGINEER’S DECISION

65 POWER TO VARY OR OMIT WORK

66 ASSIGNMENT AND SUB-LE TTING OF CONTRACT

67 CHANGE OF QUANTITY

68 PACKING, FORWARDING AND SHIPMENT

69 COOPERATION WITH OTHER CONTRACTORS AND

CONSULTING ENGINEERS

70 NO WAIVER OF RIGHTS

71 CERTIFICATE NOT TO AFFECT RIGHT OF OWNER AND

LIABILITY OF THE CONTRACTOR

72 PROGRESS REPORTS

74 RISK DISTRIBUTION-TRANSFER OF TITLE

75 LIABILITY FOR ACCIDENTS AND DAMAGES

76 DEMURRAGE, WHARFAGE, ETC

77 FORCE MAJEURE

78 SUSPENSION OF WORK

79 CONTRACTOR`S DE FAULT

80 TERMINATION OF CONTRACT ON OWNER`S INITIATIVE

81 FRUSTRATION OF CONTRACT

82 GRAFTS AND COMMISSIONS ETC.

83 SETTLEMENT OF DISPUTES

Seal & Signature of Bidder

85 RECONCILIATION OF ACCOUNTS

87 TERMINATION OF CONTRACT

88 TO CANCEL THE CONTRACT

89 MATCHING END COST

90 VENDOR REGISTRATION

GENERAL INFORMATION (TECHNICAL)

1 GENERAL INFORMATION (TECHNICAL)

2 INSPECTION AND TESTING OF EQUIPMENT

3 OTHER CONDITIONS

[II] ERECTION CONDITIONS OF CONTRACT

2 REGULATION OF LOCAL AUTHORITIES AND STATUTES

3 OWNER’S LIEN ON EQUIPMENT

4 ACCESS TO SITE AND WORKS ON SITE

5 CONTRACTOR’S SITE ESTABLISHMENT

6 CO-OPERATION WITH OTHER CONTRACTORS

7 DISCIPLINE OF WORKMEN

8 CONTRACTOR’S FIELD OPERATION

9 PROGRESS REPORT

10 MAN-POWER REPORT

11 PROTECTION OF WORK

12 EMPLOYMENT OF LABOUR

13 FACILITIES TO BE PROVIDED BY THE OWNER

14 FACILITIES TO BE PROVIDED BY THE CONTRACTOR

15 LINES AND GRADES

16 FIRE PROTECTION

Seal & Signature of Bidder

18 PRE-COMMISSIONING TRIALS AND INITIAL

19 MATERIALS HANDLING AND STORAGE

20 CONSTRUCTION MANAGEMENT

21 FIELD OFFICE RECORDS

22 CONTRACTOR’S MATERIALS BROUGHT TO SITE

23 PROTECTION OF PROPERTY AND CONTRACTOR’S

25 UNFAVOURABLE WORKING CONDITIONS

26 PROTECTION OF MONUMENTS AND REFERENCE

27 WORK & SAFETY REGULATIONS

28 CODE REQUIREMENTS

Seal & Signature of Bidder

CLAUSE NO. TITLE PAGE

[III] SPECIAL CONDITIONS OF CONTRACT (SCC)

1 GENERAL PARTICULARS

3 EARNEST MONEY DEPOSIT (EMD)

4 DECLARATION BY BIDDER

5 QUALIFYING REQUIREMENT

6 ADDITIONAL DOCUMENTS

7 COMPLETION PERIOD

8 INSTRUCTIONS BEFORE SUBMITTING YOUR BID.

9 ADDENDUM TO THE TECHNICAL SPECIFICATIONS.

10 SPECIAL NOTES

12 PROGRESS REPORT

13 BIDDERS RESPONSIBILITY

15 CLARIFICATION

19 SD CUM PERFORMANCE GAURANTEE DEPOSIT 88 to

21 CERTIFICATE FOR TECH COMPLIANCES

23 CONTRACT AGREEMENT

24 BANK GUARANTEE FOR EMD

25 PERFORMANCE BANK GUARANTEE

26 FORM OF BANKER’S UNDERTAKING

27 INDEMINITY BOND

28 A/T ACCEPTANCE LETTER

31 ANNEXURE – IA

32 MANUFACTURER’S AUTHORIZATION

33 SAFETY CHECK LIST

34 CONFIRMATION DETAILS OF BIDDER

35 COMPLETION PERIOD

36 FINANCIAL CAPABILITY

37 LATEST INCOME TAX CLEARANCE CERTIFICATE

38 MEMORANDUM/ARTICLES OF ASSOCIATION

39 BOARD RESOLUTION

40 DETAILS OF HUMAN RESOURCES

41 DETAILS OF FIRM (ANNEXURE-1,2&3)

42 INTEGRITY PACT

43 BANK GUARANTEE ( EXTENSION OF VALIDITY )

44 BANK GUARANTEE(AMENDMENT OF VALUE OF B.G.AMOUNT )

45 BANK GUARANTEE ( For enhancement in value & extension of BG)

46 SAFETY CUM INDEMNITY BOND

47 ANNEXURE-A OUR ENDEVOUR - Safety a habit

Seal & Signature of Bidder

NOTICE INVITED TENDER

GUJARAT ENERGY TRANSMISSION CORPORATION LIMITED

RACE COURSE, VADODARA - 390

The ACE (Procurement & Contracts) GETCO for and on behalf of Gujarat Energy Transmission

Corporation Ltd., having its Corporate Office at Sardar Patel Vidyut Bhavan, Race Course, Vadodara

– 390 007, hereafter called as “GETCO”, intends to invite Tender for Design, Engineering,

Manufacturing, Supply, Erection, Testing & commissioning of 01 Nos. of 220/66kv Transformer Bays

at 220kv Dahej ss and 01 No of 220/66kv Transformer Bay at 220kv Zagadiya ss Under Bharuch Tr.

circle on EPC basis excluding Civil works.

Sr. No. Description

ACE(P&C)/Contract/TR bays Dahej & Zagadiya

Design, Engineering, Manufacturing, Supply,

Erection, Testing & commissioning of 01 Nos. of

220/66kv Transformer Bays at 220kv Dahej ss

2 Name of Sub station

and 01 No of 220/66kv Transformer Bay at 220kv

Zagadiya ss Under Bharuch Tr. circle on EPC

basis excluding Civil works.

11,800.00 (Including GST Rs.1800) by

3 Tender Fee (non-refundable)

RTGS/NEFT/Online only

4 Estimated Cost including GST in Rs. Rs.5,87,71,481.20

(1. Payment of EMD should be accepted by

RTGS / NEFT / online or Demand draft

5 Earnest Money Deposit amount in Rs. or Banker’s cheque or Pay order or Bank

For BG Validity will be 06 (Six) Months from the

date of submission of tender.)

6 Time period 15 (Fifteen) Months from Date of LOA.

On line (E-tendering) tender/ offer

7 submission last date up to 16.00 hours 21-05-2026

only (This is mandatory)

Physical submission of all the relevant

8 documents, last date up to 15.00 hours. No physical submission

By RPAD or SPEED POST only.

Date of opening of Tender fee, EMD

9 cover and QR bid physical as well as on Immediately

– line opening at 16.00 Hours.

10 Date of opening of Price Bids: Shall be intimated separately.

firm basis except for supply of substation

structure materials (including nut-bolts)

180 Days from the date of Opening of Technical

13 Type of Tender Item Rate Basis

Additional Chief Engineer (Procurement & Contracts)

Bidder may please note that under no circumstances whatsoever tender submission date as

specified in the NIT shall not be extended. Scope of work are clearly mentioned in tender.

For any clarity bidder may ask in pre bid query only otherwise GETCO reserves the right to

take the decision during detailed engineering/execution.

Seal & Signature of Bidder

GENERAL TERMS AND CONDITION OF CONTRACT

1.0 General Particulars

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

‘OWNER’ intends to receive bids for Design, Engineering, Manufacturing, Supply, Erection,

Testing & commissioning of 01 Nos. of 220/66kv Transformer Bays at 220kv Dahej ss and

01 No of 220/66kv Transformer Bay at 220kv Zagadiya ss Under Bharuch Tr. circle on EPC

basis excluding Civil works as per detailed in the accompanying specifications in

accordance with Terms and Conditions herein. The bids shall be prepared and furnished

as per these Instructions.

Definition of terms:

Note: ‘Owner’ shall mean the Gujarat Energy Transmission Corporation Ltd

Vadodara or any of its group companies i.e. GUVNL, GSECL, MGVCL, DGVCL,

PGVCL, UGVCL and shall include its legal representatives, successors and

1.2 Any Bidder from a country which shares a land border with India will be eligible to bid

only if the Bidder is registered with the Competent Authority as per order no.

F.No.6/18/2019-PPD (Order Public Procurement no.1) dated 23/07/2020 and

F.No.6/18/2019-PPD (Order Public Procurement no.2) dated 23/07/2020, issued by

Public Procurement Division, Department of Expenditure, Ministry of Finance,

Government of India (DoE Order).

However, the aforesaid condition for registration of Bidders from countries (even if

sharing land border with India) shall not be applicable to Bidders from such countries to

which Government of India has extended lines of credit or in which Government of India

is engaged in development projects.

For the aforesaid purpose,

(i) “Bidder” means any person or firm or company, including any member of a consortium

or joint venture (that is an association of several persons, or firms or companies), every

artificial juridical persons not falling in any of the descriptions of bidders stated

hereinbefore, including any agency branch or office controlled by such person,

participating in a procurement process

(ii) “Bidder from a country which shares a land border with India” for this purpose means:

a. An entity incorporated, established or registered in such a country; or

b. A subsidiary of an entity incorporated, established or registered in such a country; or

c. An entity substantially controlled through entities incorporated, established or

registered in such a country; or

d. An entity whose beneficial owner is situated in such a country; or

e. An Indian ( or other) agent of such an entity; or

f. A natural person who is a citizen of such a country; or

g. A consortium or joint venture where any member of the consortium or joint venture

falls under any of the above

(iii) The beneficial owner for the purpose of (ii) (d) above will be under:

Seal & Signature of Bidder

1. In case of a company or Limited Liability Partnership, the beneficial owner is the natural

person(s), who, whether acting alone or together , or through one or more juridical person,

has controlling ownership interests or who exercises control through other means

a. “Controlling ownership interest” means ownership of or entitlement to more than twenty-

five percent of shares or capital or profits of the company

b. “Control” shall include the right to appoint majority of the directors or to control the

management or policy decisions including by virtue of their shareholding or management

rights or shareholders agreement or voting rights;

2. In case of a partnership firm, the beneficial owner is the natural person(s) who, whether

acting alone or together, or through one or more juridical person, has ownership of

entitlement to more than fifteen percent of capital or profits of the partnership;

3. In case of an unincorporated association or body of individuals, the beneficial owner is the

natural person(s), who, whether acting alone or together, or through one or more juridical

person, has ownership of or entitlement to more than fifteen percent of the property or

capital or profits of such association or body of individuals;

4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial owner is the

relevant natural person who holds the position of senior managing official

5. In case of a trust, the identification of beneficial owner(s) shall include identification of the

author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the

trust and any other natural person exercising ultimate effective control over the trust through

a chain of control or ownership.

An Agent is a person employed to do any act for another, or to represent another in dealings

with third person.

Further, the successful Bidder shall not allowed to subcontract works to any contractor from a

country which shares a land border with India unless such contractor is registered with the

Competent Authority.

The Bidder shall in its bid submit a certificate in compliance to DoE order as per the given format.

Further, the firm has to be a ‘Class-I local supplier’ as defined under Public Procurement

(Preference to Make in India) Order, 2017 issued by Department for promotion of Industry

and Internal Trade (DPIIT), Ministry of Commerce and Industry, Government of India vide order

dated 15/06/2017, its revision dated 04/06/2020 (PPP-MII Order) read in conjunction with

‘Public Procurement (Preference to Make in India) to provide for Purchase Preference

(linked with local content) in respect of Power Sector’ order dated 28/07/2020 issued by

Ministry of Power (MoP Order) and subsequent modifications/amendments if any

Firms who are not ‘Class-I local supplier ‘ shall not be eligible to bid.

Registration desirable by DPIIT is must be valid till the expiry of validity of offer. Mere

application for registration will not be consider and bid is liable to rejected.

Eligible Bidder should submit the aforesaid registration documents and if not applicable, the

undertaking is to be submitted along with bid, stating that bidder are not falling under requirement

of registration as per DPIIT Guideline and will follow applicable DPIIT Guideline and appropriate

guideline regarding import of material as per DPIIT in toto.

Seal & Signature of Bidder

2.0 Scope of the proposal and Work

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

completely covering all the equipments and installation services specified under the

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

the following:-

a) Detailed Supply, Engineering and detailed calculation.

b) Complete manufacture including shop testing.

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

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

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

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

equipments/accessories etc.

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

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

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

quoting prices these conditions may appropriately be taken into consideration. Bidders

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

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

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

rejected by the Owner and shall not be opened.

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

and hence rejected.

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

Technical Data Sheets and specified elsewhere. The Qualifying Data should be filled in

the required schedule of Bid Proposal Sheets.

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

works, packing, supply, storage, insurance and handling at site, Design, Engineering,

Manufacturing, Supply, Erection, Testing & commissioning of 01 Nos. of 220/66kv Transformer

Bays at 220kv Dahej ss and 01 No of 220/66kv Transformer Bay at 220kv Zagadiya ss Under

Bharuch Tr. circle on EPC basis excluding Civil works.

2.6 The work includes Design, Engineering, Manufacturing, Supply, Erection, Testing &

commissioning of 01 Nos. of 220/66kv Transformer Bays at 220kv Dahej ss and 01 No of

220/66kv Transformer Bay at 220kv Zagadiya ss Under Bharuch Tr. circle on EPC basis

excluding Civil works as stated hereunder & detailed in the Schedules so as to

complete the project as per approved bill of quantities and layout drawings.

(I) Scope of work : ( Electrical)

Design, Engineering, Manufacturing, Supply, Erection, Testing & commissioning of 01 Nos. of

220/66kv Transformer Bays at 220kv Dahej ss and 01 No of 220/66kv Transformer Bay at 220kv

Zagadiya ss Under Bharuch Tr. circle on EPC basis excluding Civil works for the followings;

Seal & Signature of Bidder

220KV SWITCHYARD 66KV SWITCHYARD

NOS. OF NOS. OF

NAME OF BAY NAME OF BAY

220KV LINE BAYS 0 66KV LINE BAYS

BAYS(HV BAYS) BAYS(LV BAYS)

Bus Coupler 0 Bus Coupler

PT BAY 0 PT BAY

66/11kV Tr. Bay

Complete Sub-Station including hardware & software for local control station along with

associated equipments as defined in tech specifications.

(A) Other activities for 220kV Sub-Station.

(i) Complete relay & protection system including design, engineering, calculations etc.

(ii) Air conditioning system – For control room (split A/C)

(iii) LT Switchgear (A/C & D/C Distribution board)

(iv) Batteries & battery chargers for

(v) Control Cables

(vi) Fire detection & Alarm system for Building

(vii) Mandatory Spares

- As specified in BOQ & tech specification part –II.

(viii) Other associated equipments, accessories etc. as per layout.

(ix) Structures:

G.I. Lattice structure drawings for 220/66KV gantry structures (Towers & Beams),

Equipment structures (whose drawings are available with GETCO) Drawings will be

supplied by GETCO & to be erected as per GETCO’s standard drawing, given to

successful bidder including, transportation, handling, storage, insurance & erection.

Design of structure (Whose Drawings are not available with GETCO) to suit the

equipments being supplied by bidder is to be carried out according to base dimension

of foundation standardized by ‘GETCO’ for 220kV which will be given to successful

a) Complete Earthing system including Earth mat. and protection against direct

stroke of lightning.

b) Execution of earthing work includes supply of all earthing materials.

a) Yard Lighting of the switchyard.

b) Illumination design to be done as per CBIP manual.

c) Illumination of CR building.

Seal & Signature of Bidder

d) Scope is as per BOQ & Specifications as per Part –II

e) This is being an Turnkey project therefore any item , accessories, work etc

required for completion and successful operation of entire project shall be

considered in the scope.

Contractor has to provide all engineering drawings, data calculations etc for owners

approval as specified in part –I, GCC, general Information. (Tech) – Clause No.

2.6 PROJECT PARTICULARS

Name of the Project: 220/66KV TR bays at 220kv Dahej & 220kv Zagadiya SS

Project Particulars 220kV Dahej SS 220kv Zagadiya SS

System Voltage 220/66 KV 220/66 KV

System of Earthing Solidly Earthed Solidly Earthed

Rated frequency 50 HZ ± 5% 50 HZ ± 5%

Control voltage 220 V DC ± 10% 110 V DC ± 10%

Average Soil resistivity 20 Ω-mtr. 28 Ω-mtr.

Nearest Railway station Bharuch Ankleshwar

Nearest Airport Surat Surat

Long: 72°35'12"E Long: 72°74'00"E

3.0 Bidding Costs

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

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

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

4.0 BID DOCUMENTS

Details of Documents

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

specifications/characteristics, the bidding procedures and the terms & conditions of

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

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

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

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

e Technical Specifications(TSP-Part III-civil)

5.0 Knowing the Bid Documents

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

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

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

of work and the costs thereof. Submission of a Bid not substantially responsive to the

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

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

Seal & Signature of Bidder

6.0 Clarifications on Bid Documents

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

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

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

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

fit in writing as a response to this request. On receipt of such

interpretations/clarifications, the Bidder may submit his Bid within the date and time

stipulated in the Bid invitation, All such explanations, interpretations and clarifications

from the Owner shall be deemed as part of Bid Documents and shall invariably

accompany the Bidder’s proposal.

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

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

7.0 Amendment of bidding document:

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

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

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

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

have received the Bidding Document at the address contained in the letter of request for

issue of Bidding document from the Bidders. Owner will bear no responsibility or liability

arising out of non-receipt of the same in time or otherwise.

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

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

for the submission of bids.

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

consideration by the Bidders while they submit their bids and shall invariably enclose

such documents as a part of the bid.

8.0 PREPARATION OF BIDS

Language Of Bid:

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

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

provided that any printed literature furnished by the Bidder may be written in another

language so long as accompanied by an English translation of its pertinent passages.

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

the English translation shall govern.

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

without adding any printed/typewritten text of their own.

9.0 Local Conditions:

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

factors which may have any effect on the execution of the Contract covered under these

Seal & Signature of Bidder

documents and specifications. The Owner shall not entertain any request for

clarifications from the bidders, regarding such local conditions.

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

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

Contract awarded under these specifications and documents will be entertained by the

owner. Neither any change in the time schedule of the Contract nor any financial

adjustments arising thereof shall be permitted by the Owner, which are based on the

lack of such clear information or its effect on the cost of the works to the Bidder.

10.0 Documents comprising the Bid:

Requirements etc. furnished in the Bidding Documents, indicating, for the goods to be

supplied and services to be rendered, a brief description of goods and services, quantity

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

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

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

signed by the Company Authorized Signatory wherever specified.

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

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

11.0 Bid Price:

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

price for associated civil, structural works and other services it proposes to furnish under

the contract, EXCLUDING GST and Cess along with the total bid price.

GST shall be applicable at the rate of 9% CGST plus 9% SGST or 18% IGST,

or as applicable to composite supplies in the nature of Works Contract

applicable from time to time will be paid within the original contractual

delivery period. However, the Classification Codes (i.e. HSN or SAC) for

each item of different segments or portions of the Works Contract, shall be

specified separately, for information and technical identification purpose

11.2 Detailed break up, covering all the price components of unit prices as well as total bid

provided by the bidder. This break up shall be entered separately in the following

A) For all goods offered:

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

COMPANY in Gujarat). However, the Tenderer should indicate in Price Bid, the break-

Seal & Signature of Bidder

up of Total Unit F.O.R. Destination Price stating the Unit Ex-works price, freight, packing

& forwarding charges, Insurance Charges, separately in price bid, which is a must. The

rate of GST shall be 9% CGST plus 9% SGST or 18% IGST or as applicable to

composite supply in the nature of Works Contract, applicable from time to time.

ii. This tender is to be treated as a contract for composite supply under the category of

Works Contract, which is, as per the provisions of Section 2(30), read with, Section

2(119), further read with, Paragraph 6(a) of the Schedule II, to the CGST Act, 2017 and

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

the classification Codes (HSN/SAC) for each item under different segments or portions

of the Works Contract, shall be specified separately for the knowledge and transparency

purpose which shall have no bearing on price or taxation payment.

iii. The offered prices to be indicated in online mode of tender in the format given (i.e.

Schedule-______). The price bid submitted in physical mode shall not be considered.

iv. The Tenderer should invariably indicate the total unit end cost price considering all

their costs / calculations in the Price bid itself for each item and all sub-items if any. This

is a must. Cost components hidden / furnished elsewhere will not be considered and will

be ignored out rightly.

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

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

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

11.3 The bidder’s separation of price components in accordance with above clause No:

will be solely for the purpose of the facilitating the comparison of Bids by the owner, for

contract price amendment due to quantity variation and for on account payments (in

case of award) and shall not in any way limit the Owner’s rights.

11.4 The Price quoted by the bidder shall remain firm during the contract period

and shall not be subject to variation on any account or for change in

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

12.0 Bid Security/EMD:

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

be paid as under:

a) 50% OR 100% In the form of crossed DD drawn in favor of Gujarat Energy Transmission

Corporation Limited payable at Vadodara.

b) Remaining 50% amount in form of BG from approved banks of GETCO having validity

of Six months from the date of bid opening of Technical Bid.

c) Payment by Cheque / Coop Bank Guarantee/ Company Guarantee is not

d) Validity Period: - The offer should be valid for a minimum period of 180 days

from the date of opening of Technical bid.

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

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

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

Seal & Signature of Bidder

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

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

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

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

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

performance guarantee

12.6 The bid guarantee may be forfeited.

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

bidder on the bid Form:

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

including supplies within thirty days of letter of award of contract )

13.0 Format of Bid:

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

“Copy of Bid”, as appropriate. In the event of any discrepancy between them the original

shall govern. All the documents furnished in original document shall be furnished in other

copies of Bids.

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

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

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

accompanying the bid. All pages of the bid, except for un-amended printed literature,

shall be initiated by the person or persons signing the bid.

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

required in this Instructions to Bidders in separate envelopes sealed and enclosed in the

envelope submitting proposals, super scribed as under :

QUALIFYING DATA FOR THE SUPPLY AND ERECTION

ACE(P&C)/Contract/TR bays Dahej & Zagadiya/E-424

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

necessary to correct errors made by the Bidder, in which case such corrections

shall be initiated by the person or persons signing the bid.

13.4 Bids shall be submitted as under:

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

duly signed and Contractor’s covering letter. Tender fee details (as per

Cover-II Qualifying Requirements. (Electrical & Civil)

Seal & Signature of Bidder

Cover-III Technical Bid (Electrical )

Cover-IV Technical Bid (Civil )

Note: The Prices are to be filled online only. Price Bids are not to be

submitted with physical documents.

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

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

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

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

14.0 Signature Of Bids:

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

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

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

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

the partnership name, followed by the signature(s) and designation(s) or the authorized

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

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

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

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

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

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

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

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

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

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

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

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

15.0 Sealing and marking of bids:

15.1 Cover-I 1. Bid No.

2. Due date for opening

3. Reference of tender fee & earnest money deposit

Cover-II 1. Bid No.

2. Due date for opening.

Seal & Signature of Bidder

3. Qualifying Requirements (Electrical & civil).

Cover-III 1. Bid No.

2. Due date for opening

3. Technical bid (Electrical)& (CIVIL) reference and required certificates

Cover-I, Cover-II ,Cover-III shall be individually sealed and super scribed as indicated

above and should be enclosed in the main cover duly sealed and super scribed as

Tender for …………………………………… against Bid No…………… due

on…………… containing Cover-I, Cover-II, Cover-III of this tender.

The original Bid and accompanying documents clearly marked “Original” plus one copy

for Cover I, II, III shall be submitted by the Bidder at the date, time and place specified.

In the event of any discrepancy between the original and the copies, the original shall

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

of the ACE (P & C) GETCO, Bids submitted should be posted with due allowance for

any postal delay. The Bids received after the Due Date and Time of opening are liable

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

15.2 The Bidders shall seal the original and each copy of the bid in an inner and an outer

envelope, duly marking the envelopes as “original” and “copy”.

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

The Additional Chief Engineer (P & C ) - GETCO

8th Floor, Sardar Patel Vidyut Bhavan, Race Course,

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

NOT OPEN BEFORE……………………

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

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

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

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

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

16.0 Deadline for submission of bids :

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

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

16.2 Bids must be received by the Owner at the address specified under Clause No: 15.3,

not later than the time & date mentioned in the Invitation to Bid.

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

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

Seal & Signature of Bidder

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

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

of bids prescribed by the Owner, will be rejected and not considered for evaluation.

18.0 Modification and withdrawal of bids :

18.1 The Bidder may modify or withdraw its bid after the bid’s submission provided that written

notice of the modification or withdrawal is received by the Owner prior to the deadline

prescribed for submission of bids.

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

dispatched in accordance with the provisions of clause No: 15.0. The envelope should

clearly indicate whether the modification is for the Technical bid or the Price bid. No bid

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

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

submission of bids.

18.4 No bid may be withdrawn in the interval between the deadline for submission of bids and

the expiration of the period of bid validity specified by the Bidder on the Bid Form.

Withdrawal/modification of a bid during this interval may result in the Bidder’s forfeiture

of its bid security.

19.0 Information required with the proposal:

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

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

also contain drawings and descriptive materials indicating general dimensions, materials

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

assembly involved, major construction equipment proposed to be deployed, method of

erection and the proposed erection organizational structure.

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

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

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

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

materials and drawings submitted by the Bidder will be retained by the Owner. Any major

departure from these drawings and descriptive material submitted will not be permitted

during the execution of the Contract without specific written permission of the Owner.

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

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

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

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

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

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

and materials supplied under the Contract.

Seal & Signature of Bidder

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

specification requirements will govern, unless otherwise brought out clearly in the

technical commercial deviation schedule.

BID OPENING AND EVALUATION

20.0 Opening of bids by owner:

20.1 The Owner will open the bids in the presence of Bidder’s representatives who choose to

attend on the date and time mentioned for opening of bids in the Invitation to Bid or in

case any extension has been given thereto, on the extended bid opening date and time

notified to all the Bidders who have purchased the bidding document. The Bidder’s

representatives who are present shall sign a register evidencing their attendance.

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

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

Technical Bid Opening.

20.3 The price bids of all the “Techno-Commercial” Responsive Bidders shall be opened in

the presence of representatives (up to two per firm) of such bidders who choose to be

present. The date & time of opening the Price Bid shall be intimated to all such qualified

bidders by Fax/Telex, at least one week in advance besides inviting final price bid if

found appropriate after evaluation of Technical bids.

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

such other details as the Owner, at his discretion, may consider appropriate, will be

announced/ furnished in the Price Bid Opening.

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

21.0 Purpose of evaluation of bids:

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

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

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

examined to determine the lowest evaluated commercially and technically responsive

22.0 Policy for bids under consideration:

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

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

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

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

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

22.2 Clarification of bids:

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

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

response shall be in writing and no change in the price or substance of the bid shall be

sought, offered or permitted.

Seal & Signature of Bidder

23.0 Preliminary Examination:

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

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

whether the documents have been properly signed, and whether the bids are generally

23.2 Arithmetical errors will be rectified on the following basis:

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

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

be corrected. If there is a discrepancy between the total bid amount and the sum of total

costs, the latter shall prevail and the total bid amount will be corrected accordingly. If

there is a discrepancy between words and figures, the amount advantageous to the

Owner will prevail. If the Bidder does not accept the correction of the errors as above,

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

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

schedules to be identified in Bid Form for this purpose, the Owner shall be entitled to

consider the highest price for the purpose of evaluation and for the purpose of award of

Contract use the lowest of the prices in these schedules.

23.3 Prior to the detailed evaluation, the Owner will determine the substantial responsiveness

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

responsive bid is one which conforms to all the terms and conditions of the Bidding

Document without material deviations. A material deviation is one which affects in any

way the prices, quality, quantity or delivery period of the equipment, completion of works

or which limits in any way the responsibilities or liabilities of the Bidder of any right of the

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

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

to extrinsic evidence.

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

not subsequently be made responsive by the Bidder by correction of non-conformity.

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

which does not constitute a material deviation, provided such waiver does not prejudice

or affect the relative ranking of any Bidder.

24.0 Award Criteria

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

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

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

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

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

works, second for supply of goods and third for the erection & services works in

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

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

Specifications.

Seal & Signature of Bidder

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

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

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

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

Bidder or Bidders of the grounds for the Owner’s action.

26.0 Notification of award:

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

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

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

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

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

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

discharge its bid security, pursuant to Clause No: 12.00.

27.0 Signing of contract:

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

accepted, the Owner will send the Bidder the detailed of Award, incorporating all

agreements between the parties.

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

same with date and return it to the Owner.

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

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

28.0 DEFINITION OF TERMS

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

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

appendices thereto and all documents incorporated by reference therein.

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

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

shall include its legal representatives, successors and assigns.

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

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

representatives, successors and permitted assigns.

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

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

the consent in writing of the Engineer and will include the legal representatives,

successors and permitted assigns of such person.

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

from time to time for the purpose of the Contract.

Seal & Signature of Bidder

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

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

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

the Specifications and complete erection, testing and putting into satisfactory operation

including all transportation, handling, unloading and storage at the Site as defined in the

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

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

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

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

paths, street or reservoir which may be allocated or used by the Owner or Contractor in

the performance of the Contract.

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

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

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

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

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

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

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

successful completion of performance and guarantee tests to be performed at Site by

the Contractor including cost of insurances.

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

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

the performance of the Contract.

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

nominated by the time to inspect the equipment; stores or Works under the Contract

and/or the duly authorized representative of the Owner.

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

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

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

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

Award has been issued.

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

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

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

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

signature and/or seal as the case may be.

Seal & Signature of Bidder

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

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

‘Accepted’, ‘Permitted’, or words and phrases of like importance are used the approval,

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

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

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

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

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

specified in the Contract Documents.

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

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

of Performance and Guarantee Tests, as specified in the accompanying Technical

Specifications or otherwise agreed in the Contract.

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

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

performed under the Contract.

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

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

available for carrying out such tests.

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

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

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

in greater detail the intent of the Contract.

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

acceptable to the Owner/Consultant.

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

of the work; and

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

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

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

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

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

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

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

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

Seal & Signature of Bidder

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

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

h) American Society of Materials Testing Codes.

i) Standards of the Indian Standards Institution.

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

subject matter of the Contract.

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

context so requires.

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

or bodies of individuals, whether incorporated or not.

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

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

(1872) and failing that in the General Clauses Act (1897) including amendments thereof,

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

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

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

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

28.34 GST/Cess means all applicable Tax/Cess under GST Laws. GST Laws means

IGST Act, GST(Compensation to the State for Loss of Revenue) Act, CGST Act,

UTGST Act and SGSCT Act, 2017and all related ancilliary legislations.

28.35 Works contract means a Contract for composite supply and covered under the

definition of Works Contract as defined under Section 2(119) of the CGST Act,

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

2017and the IGST Act,

29.0 APPLICATION

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

provisions in other parts of the Contract.

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

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

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

issued by the concerned institution

31.0 LANGUAGE AND MEASURES

Seal & Signature of Bidder

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

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

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

exclusively in the Contract.

32.0 Price Basis:

32.1 The Price shall be quoted on firm basis except for supply of substation structure

materials (including nut-bolts) for which Price variation will be applicable.

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

structure materials (including nut bolts); during the bidder's performance of the contract

and shall not be subject to variation on any account save for change in quantity. A bid

submitted with an adjustable price quotation shall be treated as non-responsive and

For substation structure material:

The latest revised PV formula is as under:

P0 SBLR SBIR Zn W

100 SBLRo SBIRo Zno W0

P = Price payable as adjusted in accordance with the above formula.

P0 = Price quoted/confirmed.

SBLR0 = Price of Steel Blooms- Retail (refer notes)

This price is as applicable for the month, ONE month prior to the date of

SBIR0 = Price of Steel Billets- Retail (refer notes)

This price is as applicable for the month, ONE month prior to the date of

Zn0 = Price of Electrolytic high grade zinc (refer notes)

This price is as applicable for the month, ONE month prior to the date of

Wo = All India average consumer price index number for industrial workers, as

published by the Labour Bureau, Ministry of Labour, Govt. of India (Base:

2016 = 100) (Refer notes)

This index number is as applicable for the month, THREE months prior to the

date of tendering.

For example, if date of tendering falls in November 2023, the applicable prices of Steel

Bloom-Retail (SBLR0), Steel Billets-Retail (SBIR0) and Zinc (Zn0) should be for the month

October 2023 and all India average consumer price index number (W0) should be for the

month of August

Seal & Signature of Bidder

The above prices and indices are as published by IEEMA vide circular reference number

IEEMA (PVC)/TLT- 2022/_/_ ONE month prior to the date of tendering

SBLR = Price of Steel Bloom-Retail (refer notes)

This price is as applicable for the month, TWO months prior to the date of

SBIR = Price of Steel Billets-Retail (refer notes)

This price is as applicable for the month, TWO months prior to the date of

Zn = Price of Electrolytic high grade zinc (refer notes)

This price is as applicable for the month, TWO months prior to the date of

W= All India average consumer price index number for industrial workers, as

published by the Labour Bureau, Ministry of Labour, Govt. of India

(Base: 2016 = 100) (refer notes)

This index number is as applicable for the month, FOUR months prior to the

date of delivery.

21.1 The price variation amount in the ex-works price of fabricated structure members

(including bolts & nuts) calculated by the above formula shall not be subject to any ceiling,

21.2 The price variation formula will be applicable from the date of inspection / waival of

inspection for the material offered.

21.3 The price variation will be applicable during contractual delivery period only. However,

any decrease in the price variation during delayed period shall be applicable.

21.4 Price variation shall not be allowed beyond the original delivery date unless specifically

stated in the time extension letter. As a rule, no price adjustment shall be allowed for the

period of delay for which the supplier is responsible; however purchaser will be entitled

for any decrease in the prices during this delayed period.

21.5 In case of non-publication of applicable indices on a particular month, which happens to

be the applicable month for price variation purpose, the published indices prevailing

immediately prior to the particular month shall be applicable.

21.6 If the price adjustment amount works out to be positive, the same is payable to the

contractor by the owner and if it works out to be negative, the same is to be recovered

by the owner from the contractor.

21.7 No price variation will be allowed on the freight and insurance component of FOR

destination prices.

21.8 The supplier has to submit PV bills (Negative / Positive) along with supporting documents

/ IEEMA circulars necessary for calculation of PV bills along with bills for payment against

SR Notes. To claim the price variation successful bidder has to submit the supporting

documents duly notary certified copy of IEEMA circulars, PV calculation sheet etc. along

with their invoices.

Seal & Signature of Bidder

21.9 The base date for the above Price Variation formula will be first day of the month prior to

opening month of the Tender.

21.10 In the above price variation formula, subscript “0” refers to indices as on 30 days prior to

the date of Bid opening (referred to base date indices). Subscript “1” refers to the indices

as on 60 days prior to date of inspection / waival of inspection of the material offered.’

33.0 Taxes and Duties:

Goods and Service Tax (GST):

33. 1 The F.O.R. Destination prices are excluding GST and Cess as applicable which

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

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

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

Tax/Cess under GST Laws. GST Laws means IGST Act, GST(Compensation to

the State for Loss of Revenue) Act, CGST Act, UTGST Act and SGSCT Act,

2017 and all related ancilliary legislations).

33. 2 You shall have to submit a C.A Certificate & duly authorized Signatory of

successful bidder, certifying that you have not claimed Refund of any applicable

GST and Cess, charged to COMPANY or shall not claim any such Refund, on a

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

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

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

from the Department or from you.

33. 3 The offers having price INCLUSIVE OF GST and Cess is likely to be rejected if

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

for Compostion Scheme under GST Act, which should be clearly indicated in the

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

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

inclusive of GST and Cess.

33. 4 If the Supplier/Contractor has opted for the Composition scheme of GST, the

same must be clearly specified with valid Declaration & Certificate from

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

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

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

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

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

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

33. 5 Supplier/Contractor should charge GST in Invoice at the rate as agreed to /

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

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

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

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

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

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

Seal & Signature of Bidder

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

passed on suo-moto by the supplier / contractor.

33. 6 Further, the Company has a right to recover the amount of GST along with penal

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

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

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

33. 7 In case, Govt. revises the rate of GST rate / Code during the tenure of the

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

33. 8 INPUT TAX CREDIT BENEFIT

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

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

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

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

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

33. 9 GST, other taxes and other levies and duties including custom duty solely in

respect of the transaction between the owner and the contractor under this

contract, if any, shall be included in the bid price. These shall also be indicated

separately wherever applicable as mentioned in the Tender .

33. 10 As regards the income Tax, surcharge on income tax and any other corporate

tax, including GST if any the owner shall not bear any tax liability whatsoever.

The bidder shall be liable and responsible for payment of such taxes as attracted

under the provisions of the law.

33. 11 Notwithstanding the tax liabilities as per the sub-clause 35.10 above the owner

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

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

the works contract) as may be mandatory in terms of the law. The owner shall

not bear any liability in this regard but shall issue necessary certificate in respect

of such deduction made.

33. 12 Whenever concessional rate of GST is indicated by the bidders, it shall be

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

performance of the contract would be absorbed by the supplier. Bidder shall note

that in case of absence of such confirmation; the tenders will be evaluated taking

into account the maximum rate of GST applicable.

33. 13 In case any tax or duty is newly introduced by the Government applicable for this

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

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

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

submission by the contractor of documentary evidence to the satisfaction of the

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

and his sub-suppliers, sub-contractors for raw materials etc and will be applicable

only to the direct transactions between the contractors and owner. Besides the

Seal & Signature of Bidder

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

33. 14 The owner’s liability for all taxes and duties including GST under the contract

shall be limited to those indicated by the Bidder in the Bid Proposal Sheets,

subject to the statutory variations and variations as per Clause No. 35.4.

33. 15 If the cost to the Contractor during the performance of the ‘Contract’ shall be

increased or reduced by reasons of the making, passing or promulgation of any

law after the date of submission of bid or by any order, regulation or bye-law

having the force of law the amount of such increase or reduction shall be added

to or deducted from the “Contract Price” as the case may be for direct

transactions between contactor & owner. It is the Bidders responsibility to furnish

details of taxes, duties, levies etc. applicable as on the date of submission of the

33. 16 No claim for any increase towards the statutory variation regarding enhancement

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

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

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

However, the decrease in any taxes/duties shall be passed on to GETCO.

33. 17 The provision of statutory variation regarding enhancement of existing tax or duty

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

between the contractor and the owner.

33. 18 Before quoting, the bidder may ascertain from the concerned tax authorities of

Government for the applicability of Entry Tax, GST etc. in respect of this work

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

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

34.0 TAXES, PERMITS & LICENCES

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

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

addition, the Contractor shall be responsible for payment of all Indian duties,

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

personal income & property only.

35.0 Price Inclusions (including Taxes & Duties):

35.1 GOODS AND SERVICE TAX (GST): GST and Cess as applicable shall be

payable/ receivable as mentioned in clause no.33 of GCC supra

35.2 The prices quoted shall be all inclusive of freight, transportation, loading, –

unloading & stacking at site of materials supplied by Contractor as well as

owner supplied item if any

35.3 No extra payment toward any type of templates and erection tools /materials

Seal & Signature of Bidder

35.4 Statutory Variations:

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

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

cessation of existing tax/cess subsequent to suppliers offer if it takes place

within the original contractual delivery date will be to COMPANY’s account

subject to the claim being supported by documentary evidence. However, if

any decrease takes place after the contractual delivery date, the advantage

will have to be passed on to COMPANY.

35.5 Income Tax

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

accordance with the provision of Income-Tax Laws and to that effect a certificate

will be issued to the contractor.

36.0 CONTRACT PERFORMANCE GUARANTEE

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

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

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

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

accordance with the terms and conditions specified in these documents and

specifications.

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

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

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

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

sub-vendors and installed by him shall be free from all defects in design, material

and workmanship and shall upon written notice from the Owner fully remedy free of

expenses to the Owner such defects as developed under the normal use of the said

equipment within the period of guarantee specified in the relevant clause of the

General Terms and Conditions in the Part-I.

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

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

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

stipulated in other clauses in the Bid documents.

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

successful completion of order and only after the performance guarantee condition is

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

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

Award of Contract”. The performance guarantee(s) shall be as per terms prescribed.

GUARANTEES & LIABILITIES

Seal & Signature of Bidder

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

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

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

commissioning of the Project and issuance of Taking Over Certificate (TOC). The

Contractor’s liability shall be limited to the replacement of any defective parts in the

equipment of his own manufacture or those of his Sub-Contractors under normal use

and arising solely from faulty design, materials and/or workmanship provided always that

such defective parts are repairable at the site and are not in meantime essential in the

commercial use of the equipment. Such replaced/defective parts shall be returned to the

Contractor unless otherwise arranged. No repairs or replacement shall normally be

carried out by the Engineer when the equipment is under the supervision of the

Contractor’s Supervisory Engineer.

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

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

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

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

Engineer, the Contractor will be notified promptly and he shall assist wherever possible

in making necessary corrections. This shall not relieve the Contractor of his liabilities

under the terms and conditions of the Contract.

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

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

renewed until the expiry of twelve (12) months from the date of such replacement or

renewal. If any defects are not remedied within a reasonable time, the Engineer may

proceed to do the work at the Contractor’s risk and cost but without prejudice to any

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

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

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

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

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

the same shall be borne by the Contractor.

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

of his obligations under this clause

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

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

mutually agree to a program of replacement or renewal, which will minimize interruption

to the maximum extent in the operation of the equipment.

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

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

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

guarantee period.

In respect of goods supplied by Sub-Contractors to the Contractor where a longer

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

of such longer guarantee.

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

used the equipment according to generally approved industrial practice and in

Seal & Signature of Bidder

accordance with the conditions of operations specified and in accordance with operating

manuals, if any. b)In cases of normal wear and tear of the parts to be specifically

mentioned by the Contractor in the offer.

37.9 The Guarantee period for individual equipment / item indicated in the tender

specification remains unchanged and shall have to be adhering to as indicated

220KV & 66 KV CT & PT–You have to give assurance for trouble free and maintenance

free performance for a period of 60 Months from the date of receipt of stores. During this

period, the CTs /PTs shall be repaired/reconditioned/replaced free of cost immediately in

case of any trouble.

38.0 Performance Guarantee:-

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

Bank Guarantee worth 10% of the total contract value (end cost) to cover the entire

execution. The Performance Bank Guarantee (covering the execution of the contract) will

be returned ONLY on successful commissioning & issuance of TOC including material

reconciliation & as built drawings and on receipt of the Bank Guarantee towards Warranty

worth 10% of the total contract value(end cost), which will be retained till completion of

the Guarantee period.

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

are SSI/NSIC units.”

The above performance guarantee, to be submitted by successful tenderer, towards

execution period, is for the satisfactory execution of the contract.

Whereas the performance guarantee, to be submitted by successful tenderer, towards

warrantee, is for satisfactory performance of the materials which should be valid for

12/18/24/36/48/60 months from the date of commissioning OR 18/24/30/42/54/66 months

from the last date of delivery of supply whichever is earlier OR whatever applicable as

per technical specification

If the full Performance Guarantee amount / BG is not paid / submitted within

(Thirty) days after the receipt of the order , then the order will be outrightly

cancelled at the risk & cost of the Tenderer (at the discretion of the Corporation)

and without entering into any correspondences and this will be binding on the

39.0 Time Schedule:

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

time schedule for performing the specified works.

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

accompanying Special Conditions of Contract.

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

the major factors in consideration of the bids.

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

award discussions with successful bidder.

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

Project Bar chart and finalize the same with the owner as per the requirement of Clause

Seal & Signature of Bidder

40.0 TIME – THE ESSENCE OF CONTRACT

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

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

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

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

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

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

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

within fifteen (15) days of the date of Notification of Award. This network shall also

indicate the interface facilities to be provided by the Owner and the dates by which such

facilities are needed. The Contractor shall discuss the network so submitted with the

Owner and the agreed network shall form part of the Contract documents. During the

performance of the Contract, if in the opinion of the Engineer, proper progress is not

maintained, suitable changes shall be made in the Contractor’s operations to ensure

proper progress without any cost implication to the Owner. The interface facilities to be

provided by the Owner in accordance with the agreed network shall also be reviewed

while reviewing the progress of the Contractor.

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

the Contractor as directed by the Engineer.

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

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

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

Engineer every month thereafter.

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

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

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

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

41.0 PENALTY FOR DELAY:

41.1 The tenderer should note that the completion time allowed for carrying out the

work should be strictly observed. Any delay that may take place in supply,

erection and civil beyond Contractual period stated shall be subject to the

penalty at the rate of ½ % per week or part there of plus GST as applicable

on delayed portion, with a ceiling of 10 % of the total contract value plus

GST as applicable. For calculating the delayed portion date of actual

receipt of material at store shall be considered.

41.2 The penalty plus GST as applicable will be deducted from bills payable either

against this contract or from any Bank Guarantee or any other amount payable

under any other contract with the GETCO

41.3 In event of failure of the contractor to pay the amount of penalty as demanded, the owner

shall be entitled to deduct the amount of penalty for delay from the amounts

Seal & Signature of Bidder

payable to the contractors under any bills raised under this contract or any other

amount payable under any other contract with the GUVNL and its Subsidiary

companies i.e. GETCO, GUVNL, GSECL, MGVCL, DGVCL, PGVCL, UGVCL. It is

permissible for the owner to adjust the amount of penalty of delay against any Bank

Guarantee furnished by the contractor under this contract or any other contract with

GUVNL and/or its subsidiary companies.

“RIGHTS OF THE OWENER:

Whenever any claim or claims for payment of a sum of money arises out of or under the

contract against the contractor, the owner shall be entitled to withhold and also have a

lien to retain such sum or sums in whole or in part from the security, if any, deposited by

the contractor and for the purpose aforesaid, the Owner shall be entitled to encash and

withhold the amount of performance Bank Guarantee or other security, if any, furnished

as the case may be. The Owner shall also have a lien over the same pending finalization

or adjudication of any such claim. In the event of the security is insufficient to cover the

claimed amount or amounts, the Owner shall be entitled to withhold and have lien to

retain to the extent of the such claimed amount or amounts referred to above, from any

sum or sums found payable or which at any time-thereafter may become payable to the

contractor under the same contract or any other contract with the owner or GUVNL or

its Subsidiary companies pending finalization or adjudication of any such claim.

Lien in respect of claims in other contracts:

a) Any sum of money due and payable, to the contractor (including the security deposit)

under the contract may be withheld or retained by way of lien by the Owner against any

of its claim in respect of payment of a sum of money arising out of or under any other

contract made by the Contractor with the Owner or GUVNL or any of its subsidiary

b) It is an agreed that the sum of money so withheld or retained under this clause by the

Owner will be kept withheld or retained as such by the Owner till its claim arising out of

the same contract or any other contract is either mutually settled or determined by the

arbitrator or competent court, as the case may be, and the Contractor shall have no claim

for interest or damages whatsoever on this account or on any other ground in respect of

any sum of money withheld or retained under this clause and as may be duly notified to

the contractor.”

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

41.5 If the Contractor fails to successfully complete the commissioning within the time

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

GST as applicable a sum specified for each specified period of delay.

41.6 Equipment and materials will be deemed to have been delivered only when all its

components, parts are also delivered. If certain components are not delivered in time

the equipment and materials will be considered as delayed until such time the missing

parts are also delivered.

Seal & Signature of Bidder

41.7 For the purpose of penalty, contractual obligation shall be completion of all the Civil,

supply and erection contracts as per time schedule & value of these contracts shall be

“total contract value” (Sum of three individual contract value) for the working of penalty

in line with above relevant cl. No.41.1

42.0 DELAYS BY OWNER OR HIS AUTHORISED AGENTS

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

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

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

Owner has caused delay in the Contractor’s performance of the Contract.

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

Engineer shall be final.

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

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

43.0 Presentation of Bills

43.1 For supply : Monthly Bills for supply items for 80% value i.e. Ex-Works price with

100% F&I and GST in original with one copy shall be submitted to Dy. CAO

(Bills), at Corporate Office for passing and processing for payment at Corporate

Office. One copy of such bill is to be submitted to Engineer in-charge i.e.

concerned EE(Const) for their record & preparation of all relevant documents

For necessary payment against each consignment of material along with 100%

taxes, duties, F & I shall be duly recorded in the form of TRC & SR note by the field

office, which shall be now uploaded on Vendor Management System (VMS) Portal,

www.vms.guvnl.com including invoice, documents which are digitally signed by

Vendors / Suppliers. The supporting documents duly signed, stamped and

scanned are required to be uploaded. The VMS portal also provides ‘real time’

tracking of invoice status, to monitor the process of submissions and to receive

43.2 10% payment out of balance 20% shall be released on completion of Sub –Station work,

handing over and acceptance by the Site Engineers in charge after rectification work if

any and settlement of material account according to actual quantity utilized for

completion of work. Bill for this payment shall be raised to Dy. CAO (Bills), Corporate

Office with copy to concern Ex. Engr.(Const).

43.3 Balance 10% payment for supply shall be released only after finalization of material

account and passing of final bill only. The contractor has to submit the final bill along

with the material consumption statement and other required data of the work carried out

within 3 months from the date of completion of work.

43.4 For Erection & Civil works: Monthly R.A Bills for erection 90% value of work

executed and GST in original with one copy shall be submitted to concerned

EE(Const) for passing and processing for payment.

43.5 Balance 10% payment for erection shall be released only after finalization of material

account and passing of final bill only. The contractor has to submit the final bill along

Seal & Signature of Bidder

with the material consumption statement and other required data of the work carried out

within 3 months from the date of completion of work.

43.6 All the bills in accordance with the above clauses must be submitted with the following

a) Item wise work done during billing period.

b) Item wise cumulative work done.

c) Account for material consumed and balance stock.

43.7 For non-submission or part submission of above information, an additional 5% amount

of the respective RA bill shall be withheld and shall only be released at the time of final

CONTRACT SECURITY AND PAYMENTS

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

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

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

payment will be made on completion of all Works and on fulfillment by the Contractor of

all his liabilities under the Contract.

44.2 Currency of Payment

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

44.3 Further the payment shall be subject to fulfilling of following conditions:

The modality of payment/ reimbursement of welfare cess will be as under.

 On receipt of A/T, the contractor / bidder will get them registered under Welfare Cess

Act and submit the documentary evidence to the concern office.

 Before release of payment of first R.A.Bill, the contractor has to submit the documentary

evidence of registration. Only thereafter, the bill will be processed for payment.

 Before release of payment of subsequent R.A.Bills, the contractor has to submit the

documentary evidence of payment of welfare cess of previous R.A.Bill.

 Before release of payment of Final Bill, the contractor has to submit the documentary

evidence of payment of welfare cess of previous R.A.Bill as well as the final bill.

 If the R.A.Bill happens to be first and final bill, then before release of payment, contractor

has to submit documentary evidence of registration under Welfare Cess Act and

evidence of payment of welfare cess.

 The welfare cess shall be reimbursed to the contractor on submission of copy of

documentary evidence of payment by observing due formalities.

45.0 Payment Schedule

Seal & Signature of Bidder

The tender BOQ is indicative. Supply & Erection of quantities shall be as per approved

Drgs. & BOQ and excess shall not be accepted.

45.1 Application for Payment

The Contractor shall submit application for the payment.

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

order of the Payment Schedule, particulars of the Works including the Works executed

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

to the date mentioned in the application and for the period covered since the last

preceding certificate, if any.

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

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

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

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

45.4 Mode of Payment

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

Bank or directly to the Contractor as per the payment schedule.

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

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

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

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

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

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

conditions which will interalia include the Material Inspection Clearance Certificate

issued by the Owner.

Progressive payments linked with erection shall only be made after the issue of

certificates by the Engineer, one for the quantum of work completed and the other for

the successful completion of quality check points involved in the quantum of work billed.

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

purpose & not for actual payment. Payment for equipments supplied shall be released

45.9 Inland Transportation & Insurance

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

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

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

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

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

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

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

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

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

incorporated in the Contract.

Seal & Signature of Bidder

46.0 DEDUCTIONS FROM CONTRACT PRICE

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

Contract the Contractor is liable, or any other retention award will be claimed by the

Owner. All such claims shall be billed by the Owner to the Contractor regularly as and

when they fall due. Such bills shall be supported by appropriate and certified vouchers

or explanations, to enable the Contractor to properly identify such claims. Such claims

shall be paid by the Contractor within thirty (30) days of the receipt of the corresponding

bills and if not paid by the Contractor within the said period, the Owner may then deduct

the amount, from any monies due or becoming due by him to the Contractor under the

Contract or may be recovered by sections of Law or otherwise.

47.0 Terms of Payment

The payment for materials to be supplied and erected shall be made as under only after

execution of the contract documents/furnishing of Security Deposit and on execution of

substation work.

47.1 For supply

(i) 80% of supply value for each consignment of Sub-Station material including

accessories on submission of invoice along with 100% GST, duties, F & I shall

be paid from corporate office within 30 days from actual material receipt date

mentioned in SR Note after verifying the following documents.

A. Tax invoice.

B. Delivery challan.

C. Endorsed RR / LR copy.

D. Dispatch clearance certificate / letter wherever applicable.

E. E Way Bill, if applicable

(ii) 10% payment out of balance 20% shall be released from corporate office within

30 days on completion of Sub –Station work, handing over and preliminary

acceptance certificate issued by the Site Engineers in charge after rectification

work if any and settlement of material account according to actual quantity

utilized for completion of S/S. Supply to be made as per approved drawing/ BOQ

(iii) Balance10% of supply value shall be paid from corporate office on successful

commissioning of Sub-Station against completion certificate and only after

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

successful commissioning is settled for complete job and will be released within

30 days only after passing of final bill.

47.2 For erection and Civil works.

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

foundation, erection, earthing, stringing of bus bar and earthwire including

insulator hoisting works against R.A. bills duly certified by EIC within 30 days

from the date of R.A. bill.

(ii) Balance 10% of erection value shall be paid within 30 days against commissioning

of Sub-Station only after settlement of material account statement of items supplied,

used, erected and successful commissioning of Sub-Station line the same amount will

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

Seal & Signature of Bidder

(ii) If net payable amount is more than Rs 5.0 Lacs, payment will be released from

circle office/corporate office.

(iii) Welfare Cess

The modality of payment/ reimbursement of welfare cess will be as under.

 On receipt of A/T, the contractor / bidder will get them registered under Welfare Cess

Act and submit the documentary evidence to the concern office.

 Before release of payment of first R.A.Bill, the contractor has to submit the documentary

evidence of registration. Only thereafter, the bill will be processed for payment.

 Before release of payment of subsequent R.A.Bills, the contractor has to submit the

documentary evidence of payment of welfare cess of previous R.A.Bill.

 Before release of payment of Final Bill, the contractor has to submit the documentary

evidence of payment of welfare cess of previous R.A.Bill as well as the final bill.

 If the R.A.Bill happens to be first and final bill, then before release of payment, contractor

has to submit documentary evidence of registration under Welfare Cess Act and

evidence of payment of welfare cess.

 The welfare cess shall be reimbursed to the contractor on submission of copy of

documentary evidence of payment by observing due formalities.

The welfare cess shall be reimbursed to the contractor on submission of copy of documentary

evidence of payment by observing due formalities

48.0 TAKING DELIVERY AND INSURANCE:

48.1 The contractor has to keep S/S materials in safe custody and transport to the respective

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

during transportation or erection till taking over of the S/S by GETCO.

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

materials at his own cost.

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

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

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

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

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

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

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

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

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

commissioning up to the time of taking over of the S/S by GETCO. The Contractor shall

deal directly and pursue the claim with the Insurance Company and shall be responsible in

regard to maintenance of all insurance coverage as well as for settlement of claim. The

proof of insurance policy taken by the successful Contractor shall be furnished to Engineer-

In-Charge. In absence of the above insurance policy, R.A. Bill payment will be withheld.

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

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

and the GETCO shall be kept informed about it. Contractor shall replace the lost / damaged

materials / items promptly irrespective of the settlement of the claims by underwriter and

ensure that the work progress is as per agreed schedule. The loss, if any, such replacement

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will have to be borne by the Contractor and GETCO will not entertain any claim /

representation in this regard. However, it will be contractor's responsibility to insure the

entire Project till the S/S is taken over by the GETCO.

49.0 Insurance:

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

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

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

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

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

of the Owner against all perils detailed herein. The form and the limit of such insurance

as defined herein together with the under-writer in each case shall be acceptable to the

Owner. However, irrespective of such acceptance, the responsibility to maintain

adequate insurance coverage at all time during the period of Contract shall be of

Contractor alone. The Contractor’s failure in this regard shall not relieve him of any of

his contractual responsibilities and obligations. The insurance covers to be taken by the

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

shall, however, be authorized to deal directly with Insurance Company or Companies

and shall be responsible in regard to maintenance of all insurance covers. Further the

insurance should be in freely convertible currency.

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

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

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

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

damages or loss by way of repairs and/or replacement of the equipment, damaged or

lost. The transfer of title shall not in any way relieve the Contractor of the above

responsibilities during the period of Contract. The Contractor shall provide the Owner

with copy of all insurance policies and documents taken out by him in pursuance of the

Contract. Such copies of documents shall be submitted to the Owner immediately after

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

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

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

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

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

risks, loss or damage in transit, theft, pilferage, earth quake, riot and strikes and

malicious damages, civil commotion, weather conditions, accidents of all kinds, etc. The

scope of such insurance shall be adequate to cover the replacement/reinstatement cost

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

equipment is delivered at Site. The insurance policies to be taken should be on

replacement value basis and/or incorporating escalation clause. Notwithstanding the

extent of insurance cover and the amount of claim available from the underwriters, the

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

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

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

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

from time to time, during the pendency of the Contract, ask the Contractor in writing to

limit the insurance coverage, risks and in such a case, the parties to the Contract will

agree for a mutual settlement, for reduction in Contract price to the extent of reduced

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

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

arrangement of the PROJECT.

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

portion of the works to be performed at the Site.

50.0 Contract Quality assurance:

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

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

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

General Technical Conditions.

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

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

such agreed Programme shall form a part of the Contract.

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

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

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

shall be obtained from the owner for the vendor supplied materials. The quality

assurance program shall be furnished for each material separately for approval.

51.0 Erection Tools and Tackles:

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

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

erection, handling, testing and commissioning including performance and guarantee

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

erection, handing testing & commissioning shall remain property of the contractor and

can be taken back after completion of the work.

52.0 Brand Names:

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

by brand name make or catalogue number shall be construed as establishing standards

of quality and performance and not as limiting competition. However, Bidders may offer

other similar material/equipment provided they meet the specified standard, design and

performance requirements. The Bidder shall furnish adequate technical information

about such alternative material equipment to enable the Owner to determine its

acceptability. The Owner shall be the sole judge on the acceptability or otherwise of such

alternatively material/equipment.

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

reference to brand name of catalogue numbers designed by the Owner in its Technical

Specifications are intended to be descriptive only and not restrictive. The Bidder may

substitute alternative standards, brand name and/or catalogue numbers in its bid,

provided that it demonstrates to the Owner’s satisfaction that the substitutions are

substantially equivalent or superior to those designed in the Technical Specification.

53.0 CONTRACT DOCUMENTS

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

deemed to form an integral part of the Contract:

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

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

Special Conditions of Contract.

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

brought out in the accompanying Technical Specifications.

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

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

of Contract except to the extent of repugnancy.

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

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

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

special terms and conditions of Contract, if any.

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

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

54.0 USE OF CONTRACT DOCUMENTS AND INFORMATION

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

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

or information furnished by or on behalf of the Owner in connection therewith, to any

person other than a person employed by the Contractor in the performance of the

Contract. Disclosure to any such employed person shall be made in confidence and shall

extend only so far as may be necessary for the purpose of such performance.

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

document or information enumerated in various Contract documents except for the

purpose of performing the Contract.

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

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

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

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

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

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

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

55.0 CONSTRUCTION OF THE CONTRACT

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

be entered into will be treated as a works contract for Civil, Supply and Erection

work. However, Separation of the Contract into Supply of Goods, Services and

Civil Work, is only for convenience and better economical management and for

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

Law, as a contract for composite supply under the category of Works Contract,

which is, as per the provisions of Section 2(30), read with, Section 2(119), further

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read with, Paragraph 6(a) of the Schedule II to the CGST Act, 2017 or SGST Act,

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

Act, 2017 and the entire activity, would be subjected to levy of Tax, at the rate of

9% CGST + 9% SGST or 18% IGST, under the GST Law. However, Classification

Codes for different segments or portions of the Works Contract, may be specified

separately, in the Supplies, with a final common Classification Code of Works

Contract Service.

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

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

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

in favour of the Owner in the form acceptable to the GETCO for keeping the equipment

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

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

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

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

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

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

56.0 JURISDICTION OF CONTRACT

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

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

57.0 EXECUTION OF CONTRACT:

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

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

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

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

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

Performance Guarantee, appropriate power of attorney and other requisite materials. In

case the Contract is to be signed beyond the stipulated time, the Bid Guarantee

submitted with the Proposal will have to be extended accordingly.

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

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

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

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

Contract immediately after issue of Letter of Award .

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

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

58.0 ENFORCEMENT OF TERMS

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

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

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construed to be a waiver of such provisions, rights or options or in anyway to affect the

validity of the Contract. The exercise by either party of any of its rights herein shall not

preclude or prejudice either party from exercising the same or any other right it may have

under the Contract.

59.0 COMPLETION OF CONTRACT

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

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

as provided for under the clause entitled ‘Guarantee’

60.0 REPLACEMENT OF DEFECTIVE PARTS AND MATERIALS

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

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

of equipment unsound and imperfect or has furnished any equipment inferior to the

quality specified, the Contractor on receiving details of such defects or deficiencies shall

at his own expense within seven (7) days of his receiving the notice, or otherwise, within

such time as may be reasonably necessary for making it good, proceed to alter,

reconstruct or remove such works and furnish fresh equipment/materials up to the

standards of the specifications. In case, the Contractor fails to do so, the Engineer may

on giving the Contractor seven (7) day notice in writing of his intentions to do so, proceed

to remove the portion of the works so complained of and at the cost of the Contractor

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

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

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

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

payment to the Owner of extra cost, of such replacement procured including erection as

provided for in the Contract, such extra cost being the ascertained difference between

the price paid by the Owner for such replacements and the Contract Price by portion for

such defective equipment/materials/works and repayments of any sum paid by he

Owner to the Contractor in respect of such defective equipment/material. Should the

Owner not so replace the defective equipment/materials the Contractor’s extreme

liability under this clause shall be limited to repayment of all sums paid by the Owner

under the Contract for such defective equipment/materials.

61.0 PATENT RIGHTS AND ROYALTIES

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

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

the Contract Price. The Contractor shall satisfy all demands that may be made at any

time for such royalties or its and he alone shall be liable for any damages or claims for

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

Contractor shall, at his own cost and expense, defend all suits or proceedings that may

be instituted for alleged infringement of any patents involved in the Works, and, in case

of an award of damages, the Contractor shall pay for such award. In the event of any

suit or other proceedings instituted against the Owner, the same shall be defended at

the cost and expense of the Contractor who shall also satisfy/comply with any decree,

order or award made against the Owner. But it shall be understood that no such

machine, plant, work, material or thing has been used by the Owner for any purpose or

any manner other than that for which they have been furnished and installed by the

Contractor and specified under these specifications. Final payment to the Contractor by

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the Owner will not be made while any such suit or claim remains unsettled. In the event

any apparatus or equipment, or any part thereof furnished by the Contractor, is in such

suit or proceedings held to constitute infringement, and its use is enjoined, the Contractor

shall at his option and at his own expense, either procure for the Owner, the right to

continue the use of said apparatus, equipment or part thereof, replace it with non-

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

62.0 DEFENCE OF SUITS

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

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

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

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

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

demands of Sub-Contractors, workmen, suppliers or employees, the Contractor shall in

all such cases indemnify and keep the Owner, and the Engineer and/or his

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

63.0 LIMITATION OF LIABILITIES

The final payment by the Owner in pursuance of the Contract shall mean the release of

the Contractor from all his liabilities under the Contract. Such final payment shall be

made only at the end of the Guarantee/Warranty period, and till such time as the

Contractual liabilities and responsibilities of the Contractor, shall prevail. All other

payments made under the Contract shall be treated as on-account payments. The

aggregate liabilities are limited up to the total contract value.

64.0 ENGINEER’S DECISION

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

granting or with-holding of the certificates, the Engineer shall, if required to do so by the

Contractor, give in writing a decision thereon.

64.2 If, in the opinion of the Contractor, a decision made by the Engineer is not in accordance

with the meaning and intent of the Contract, the Contractor may file with the Engineer,

within fifteen (15) days after receipt of the decision, a written objection to the decision.

Failure to file an objection within the allotted time will be considered as an acceptance

of the Engineer’s decision and the decision shall become final and binding.

64.3 The Engineer’s decision and the filing of the written objection thereto shall be a condition

precedent to the right to request arbitration. It is the intent of the Agreement that there

shall be no delay in the execution of the works and the decision of the Engineer as

rendered shall be promptly observed.

65.0 POWER TO VARY OR OMIT WORK

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

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

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

Engineer, but the Engineer shall have full powers subject to the provisions hereinafter

contained, from time to time during the execution of the Contract, by notice in writing to

instruct the Contractor to make such variation without prejudice to the Contract. The

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Contractor shall carry out such variation and be bound by the same conditions as far as

applicable as though the said variations occurred in the Contract Documents. If any

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

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

Engineer thereof in writing and the Engineer shall decide forthwith whether or not, the

same shall be carried out and if the Engineer confirms his instructions, the Contractor’s

obligations and guarantees shall be modified to such an extent as may be mutually

agreed. Any agreed difference in cost occasioned by any such variation shall be added

to or deducted from the Contract Price as the case may be.

65.2 In the event of Engineer requiring any variation, a reasonable and proper notice shall be

given to the Contractor to enable him to work his arrangement accordingly, and in cases

where goods or materials are already prepared or any design, drawings or pattern made

or work done as per the contract requires to be altered, a reasonable and agreed sum

in respect thereof shall be paid to the Contractor.

65.3 In any case in which the Contractor has received instructions from the Engineer as to

the requirement of carrying out the alterations or additional or substituted work which

either then or later on, will in the opinion of the Contractor, involve a claim for additional

payment, the Contractor shall immediately and in no case later than thirty (30) days,

after receipt of the instructions aforesaid and before carrying out the instructions, advise

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

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

the same shall be confirmed in writing by the Engineer.

65.4 If any variation in the Works results in reduction of Contract Price, the parties shall agree,

in writing, so to the extent of any change in the price, before the Contractor proceeds

with the change.

65.5 In all the above cases, in the event of a disagreement as to the reasonableness of the

said sum, the decision of the Engineer shall prevail.

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

power to instruct the Contractor, in writing, during the execution of the Contract to vary

the quantities of the items or groups of items in accordance with the provisions of clause

entitled ‘Change of Quantity’ in section GCC. The Contractor shall carry out such

variations and be bound by the same conditions as though the said variations occurred

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

and the prices provided for the original quantities in the Contract.

66.0 ASSIGNMENT AND SUB-LE TTING OF CONTRACT

66.1 The Contractor may, after informing the Chief Engineer (Project) & getting written

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

for minor items or for any part of the plant for which makes are identified in the Contract.

Suppliers of the equipment not identified in the Contract or any change in the identified

suppliers shall be subject to approval by the Chief Engineer. The experience of

equipment vendors under consideration by the Contractor for this Contract shall be

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

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

obligation, duty or responsibility under the Contract. Any assignment as above, without

prior written approval of Chief Engineer, shall be void.

Seal & Signature of Bidder

In case of Erection activity, the contractor may after getting written approval from

CE(Project), assign or sublet any part of erection or as a whole . To do so contractor

have to apply for such subletting with a clear proposal stating details & experience of the

subletting agency, along with the tender or within 30 days from the date of LOI & decision

thereof will be conveyed within 30 days thereafter by GETCO. The proposed erection

agency shall have experience of executing similar job of voltage class of 66Kv & above

and value equivalent to erection portion during last five years. The decision of competent

authority in this regard shall remain final and binding to the agency.

66.2 For components/equipment procured by the Contractor for the purposes of the Contract,

after obtaining the written approval of the Owner, the Contractor’s purchase

specifications and enquiries shall call for quality plan to be submitted by the suppliers

along with their Proposals. The quality plans called for from the Vendors shall set out,

during the various stages of manufacture and installation, the quality practices and

procedures followed by the Vendors’ quality control organization, the relevant reference

document/standard used, acceptance level, inspection documentation raised, etc. Such

quality plans of the successful vendors shall be discussed and finalized in consultation

with the Engineer and shall form a part of the Purchase Order/Contract between the

Contractor and the Vendor. Within three weeks of the release of the Purchase

Orders/Contracts for such bought out items/components a copy of the same without

price details but together with detailed purchase specifications, quality plans and delivery

conditions shall be furnished to the Engineer by the Contractor.

67.0 CHANGE OF QUANTITY

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

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

or other terms & conditions. Such variations unless otherwise specified in the

accompanying GCC and/or Technical Specifications, shall not be subjected to any

limitation for the individual items but the total variations in all such items under the

Contract shall be limited to the extent of 30%(Thirty Percent) of the contract price by way

of suitable amendment to the contract.

67.2 The Contract price shall accordingly be adjusted based on the unit rates available in the

Contract for the change in quantities as above. The base unit rates, as identified in the

Contract shall however remain constant during the currency of the Contract, In case the

unit rates are not available for the change in quantity, the same shall be subjected to

mutual agreement.

67.3 As this is an EPC contract, Design will be done by the Contractor. Responsibility of

material will be that of the contractor.

68.0 PACKING, FORWARDING AND SHIPMENT

68.1 The Contractor, wherever applicable, shall after proper painting, pack and crate all

equipment in such a manner as to protect them from deterioration and damage during

rail and road transportation to the Site and storage at the Site till the time of erection.

The Contractor shall be held responsible for all damages due to improper packing.

68.2 The Contractor shall notify the Owner of the date of each shipment from his works, and

the expected date of arrival at the Site for the information of the Owner.

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

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

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68.4 The following documents shall be sent by registered post to the Owner within three days

from the date of shipment, to enable the Owner to make progressive payments to the

Application for payment in the standard format of the Owner

Pre-dispatch clearance certificate, if any

Test Certificate, wherever applicable

Insurance Certificate

68.5 The Contractor shall prepare detailed packing list of all packages and containers,

bundles and loose materials forming each and every consignment dispatched to Site.

The Contractor shall further be responsible for making all necessary arrangements for

loading, unloading and other handling right from his works up to the Site and also till the

equipment is erected, tested and commissioned. He shall be solely responsible for

proper storage and safe custody of all equipment.

69.0 COOPERATION WITH OTHER CONTRACTORS AND CONSULTING ENGINEERS

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

Consulting Engineers and freely exchange with them such technical information as is

necessary to obtain the most efficient and economical design and to avoid unnecessary

duplication of efforts. The Engineer shall be provided with three copies of all

correspondence addressed by the Contractor to other Contractors and Consulting

Engineers of the Owner in respect of such exchange of technical information, wherever

70.0 NO WAIVER OF RIGHTS

Neither the inspection by the Owner or the Engineer or any of their officials, employees,

or agents nor any order by the Owner or the Engineer for payment of money or any

payment for or acceptance of, the whole or any part of the Works by the Owner or the

Engineer, nor any extension of time, nor any possession taken by the Engineer shall

operate as a waiver of any provision of the Contract, or of any power herein reserved to

the Owner or any right to damages herein provided nor shall any waiver of any breach

in the Contract be held to be a waiver of any other or subsequent breach.

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

No interim payment certificate of the Engineer, nor any sum paid on account by the

Owner, nor any extension of time for execution of the Works granted by the Engineer

shall affect or prejudice the rights of the Owner against the Contractor or relieve the

Contractor of his obligation for the due performance of the Contract, or be interpreted as

approval of the Works done or of the equipment furnished and no certificate shall create

liability for the Owner to pay for alterations, amendments, variations or additional works

not ordered, in writing , by the Engineer or discharge the liability of the Contractor for

the payment of damages whether due, ascertained, or certified or not or any sum against

the payment of which he is bound to indemnify the Owner, nor shall any such certificate

nor the acceptance by him of any sum paid on account or otherwise affect or prejudice

the rights of the Owner against the Contractor.

72.0 PROGRESS REPORTS

Seal & Signature of Bidder

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

at his own cost submit periodic progress reports as may be reasonably required by the

Engineer with such materials as, in approved MS PROJECT ,charts, net-works,

photographs, test certificates, etc. Such progress reports shall be on monthly base for

supply items & fortnightly for erection activities in the form and size as may be required

by the Engineer.

73.0 TAKING OVER

Upon successful completion of all the tests and commissioning by the Contractor, the

Engineer shall issue to the Contractor a Taking Over Certificate (TOC) as a proof of the

final acceptance of the equipment. Such certificate shall not unreasonably be withheld

nor will the Engineer delay the issuance thereof on account of minor omissions or defects

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

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

which otherwise survive, by the terms and conditions of the Contract after issue of such

In the event of completion of pre commissioning tests carried out jointly, if energization

of the substation is prevented for reasons not attributable to the successful bidder, the

Preliminary Acceptance Certificate shall be given within 30 days of pre commissioning

tests prior to Taking Over Certificate (TOC).

74.0 RISK DISTRIBUTION--TRANSFER OF TITLE

74.1 Transfer of title in respect of equipment and materials supplied by the Contractor to

GETCO pursuant to the terms of the Contract shall pass on to GETCO with negotiation

of dispatch documents.

74.2 This Transfer of Title shall not be construed to mean the acceptance and the consequent

“Taking Over” of equipment and materials. The Contractor shall continue to be

responsible for the quality and performance of such equipment and materials and for

their compliance with the specifications until “Taking Over” and the fulfillment of

guarantee provisions of this Contract.

74.3 This Transfer of Title shall not relieve the Contractor from the responsibility for all risks

of loss or damage to the equipment and materials as specified under the clause entitled

“Insurance” of this Section.

75.0 LIABILITY FOR ACCIDENTS AND DAMAGES

Under the Contract, the Contractor shall be responsible for loss or damage to the plant

until the successful completion of commissioning as defined elsewhere in the Bid

76.0 DEMURRAGE, WHARFAGE, ETC.

All demurrage, wharf age and other expenses incurred due to delayed clearance of the

material or any other reason shall be to the account of the Contractor.

77.0 FORCE MAJEURE

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

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

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

the performance of the Contract, such as:

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

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

declared or undeclared, priorities, guarantees, embargoes.

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

notify the other in writing of such causes.

77.2 The Contractor or the Owner shall not be liable for delays in performing his obligations

resulting from any force majeure cause as referred to and/or defined above

The date of completion will, subject to hereinafter provided, be extended by a reasonable

time even though such cause may occur after Contractor’s performance of obligation

has been delayed due to other causes.

78.0 SUSPENSION OF WORK

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

part of the Works without invalidating the provisions of the Contract. Orders for

suspension or reinstatement of the Works will be issued by the Engineer to the

Contractor in writing. The time for completion of the works will be extended for a period

equal to duration of the suspension.

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

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

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

for any liabilities if suspension or delay is due to some default on the part of the

Contractor or his Sub-Contractor.

79.0 CONTRACTOR`S DEFAULT

79.1 If the Contractor shall neglect to execute the works with due diligence and expedition or

shall refuse or neglect to comply with any reasonable order given to him, in writing by

the engineer in connection with the works or shall contravene the provisions of the

contract, the Owner may give notice in writing to the Contractor to make good the failure,

neglect or contravention complained of. Should the contractor fail to comply with the

notice within thirty (30) days from the date of serving the notice, then and in such case

the owner shall be at liberty to employ other workmen and forthwith to execute such part

of the works as the contractor may have neglected to do or if the Owner shall think fit,

without prejudice to any other right he may have under the contract to take the work

wholly or in part out of the Contractor’s hands and recontract with any other person or

persons to complete the works or any part thereof and in that event the Owner shall have

free use of all Contractor’s equipment that may have been at the time on the site in

connection with the works without being responsible to the Contractor for fair wear and

tear thereof and to the exclusion of any right of the contactor over the same, and If the

sum that the contractor is entitled to be paid plus the costs incurred by the Owner

in completing the works, exceeds the contract price or the entire works if entire

works have been completed or the price for part of the works if part of the works

have been completed, the contractor shall be liable for such excess.

Seal & Signature of Bidder

If such excess is greater than the sums due to the contractor, the contractor shall

pay the balance to the Owner and if such excess is less than the sums due to the

Contractor, Owner shall pay the balance to the Contractor. For facilitating such

payment, Owner shall encash the Bank Guarantees of Contractor available with

Owner/s and retain such other payments due to the contractor under the Contract

in question or any other Contract that the Owner/s may have with the Contractor.

Such payment of excess amount shall be independent of the liquidated damages for

delay which the Contractor shall have to pay if the completion of works is delayed.

79.2 In addition, such action by the Owner as aforesaid shall not relieve the Contractor of his

liability to pay liquidated damages for delay in completion of Works .

79.3 Such action by the Owner as aforesaid the termination of the Contract under this clause

shall not entitle the Contractor to reduce the value of the Contract Performance

Guarantee nor the time thereof. The Contract Performance Guarantee shall be valid for

the full value and for the full period of the Contract including guarantee period.

80.0 TERMINATION OF CONTRACT ON OWNER`S INITIATIVE

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

reasons other than those mentioned under clause entitled ‘Contractor’s Default’. The

Owner shall in such an event give fifteen (15) day notice in writing to the Contractor of

his decision to do so.

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

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

all orders and Contracts to the extent they are related to the work terminated and terms

satisfactory to the Owner, stop all further sub-contracting or purchasing activity related

to the work terminated, and assist Owner in maintenance, protection, and disposition of

the works acquired under the Contract by the Owner.

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

and reasonable, dictated by the circumstances prevalent at the time of termination.

80.3 If the Contractor is an individual or a proprietary concern and the individual or the

proprietor dies and if the Contractor is a partnership concern and one of the partners

dies then unless the Owner is satisfied that the legal representatives of the individual

Contractor or of the proprietor of the propriety concern and in the case of partnership,

the surviving partners, are capable of carrying out and completing the Contract the

Owner shall be entitled to cancel the Contract as to its in completed part without being

in any way liable to payment of any compensation to the estate of deceased Contractor

and/or to the surviving partners of the Contractor’s firm on account of the cancellation

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

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

complete the Contract shall be final and binding on the parties. In the event of such

cancellation the Owner shall not hold the estate of the deceased Contractor and/or the

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

of the Contractor’s firm liable to damages for not completing the Contract.

81.0 FRUSTRATION OF CONTRACT

81.1 In the event of frustration of the Contract because of supervening impossibility in terms

of Section 56 of the Indian Contract Act, parties shall be absolved of their responsibility

Seal & Signature of Bidder

to perform the balance portion of the Contract, subject to provisions contained in sub-

clause 84.3 below.

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

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

works under the Contract shall be suspended.

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

financing to the Contractor in accordance with the terms of the Contract within three

months of the event, the parties hereto shall be relieved from carrying out further

obligations under the Contract treating it as frustration of the Contract.

81.3 In the event referred to in sub-clauses 81.1& 81.2 above the parties shall mutually

discuss to arrive at reasonable settlement on all issues including amounts due to either

party for the work already done on quantum merit_ basis which shall be determined by

mutual agreement between the parties.

82.0 GRAFTS AND COMMISSIONS ETC.

Any graft, commission, gift or advantage given, promised or offered by or on behalf of

the Contractor or his partner(s), agent(s), officer(s), director(s), employee(s) or

servant(s) or any one on his or their behalf in relation to the obtaining or to the execution

of this or any other Contract with the Owner, shall in addition to any criminal liability

which it may incur, subject the Contractor to the cancellation of this and all other

Contracts and also to payment of any loss or damage to the Owner resulting from any

cancellation. The Owner shall then be entitled to deduct the amount so payable from

any monies otherwise due to Contractor under the Contract.

Definition of terms:

“Tribunal” means the Gujarat Public Works Contracts Disputes Arbitration Tribunal

constituted under the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act,

83.0 DISPUTE RESOLUTION MECHANISM

83.1 Amicable Settlement:

Any dispute, difference, controversy or claim between the Parties arising out of or relating

to this contract, including interpretation, breach, termination or validity (hereinafter

referred to as “Dispute”), shall, upon written request of either Party, be referred to the

authorized representatives of the Disputing Parties for resolution. The authorized

representatives shall promptly meet and attempt to negotiate in good faith a resolution of

the Dispute within thirty (30) days of the service of the request.

83.2 Arbitration Under the Gujarat Public Works Contracts Disputes Arbitration Tribunal

If the Parties fail to amicably resolve the Dispute as per Clause 83.1 above, or if contrary

claims remain unresolved, then, notwithstanding anything to the contrary elsewhere in

the Contract, the same shall be referred to arbitration under the provisions of the Gujarat

Public Works Contracts Disputes Arbitration Tribunal Act, 1992 (hereinafter referred to

as “the Act”) as amended from time to time, and the rules framed thereunder. The

Seal & Signature of Bidder

decision, award and proceedings of the Tribunal shall be final, binding and conclusive

upon the parties, subject only to such remedies as may be available under the Act and

any other applicable law in force.

83.3 Continuity of Performance:

During the pendency of any Dispute or arbitration proceedings, both Parties shall

continue to perform their respective obligations under the Contract.

83.4 Non-Affectation of Powers:

Reference to any Dispute resolution procedure, including arbitration, shall not affect the

right of the Owner and/or Engineer-in-Charge to take possession of or utilize the

Contractor’s tools, plants, materials, stores or works as per the terms and conditions of

the Contract, nor shall it entitle the Contractor to stop the progress of work or affect the

Owner’s rights under the Contract to get work executed through alternate means, if so

required under the contract.

83.5 Limitation:

Neither Party shall be entitled to invoke dispute resolution or arbitration under this clause

later than thirty (30) days after the expiration of the defects liability period, unless

otherwise provided under the Act.

84.0 ARBITRATION

All arbitration matters are governed by Clause 83.0 above, in compliance with the

Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 and GUVNL

84.1 All disputes or differences in respect of which the decision, if any, of the Engineer has

not become final or binding as aforesaid shall be settled by arbitration in the manner

hereinafter provided.

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

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

arbitrators in accordance with the Indian Arbitration Act. If either of the parties fails to

appoint its arbitrator within sixty (60) days after receipt of a notice from the other party

invoking the Arbitration clause, the arbitrator appointed by the party invoking the

arbitration clause shall become the sole arbitrator to conduct the arbitration.

84.1.2 The arbitration shall be conducted in accordance with provisions of Indian Arbitration Act

1996 or latest amendment thereof.

84.2 The decision of the majority of the arbitrators shall be final and binding upon the parties.

The arbitrators may, from time to time with the consent of all the parties enlarge the time

for making the award. In the event of any of the aforesaid arbitrators dying, neglecting,

resigning or being unable to act for any reason, it will be lawful for the party concerned

to nominate another arbitrator in place of the outgoing arbitrator.

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

direction, certification or valuation of the Engineer in accordance with the Contract, and

neither party shall be limited in the proceedings before such arbitrators to the evidence

or arguments put before the Engineer for the purpose of obtaining the said decision.

Seal & Signature of Bidder

84.4 No decision given by the Engineer in accordance with the foregoing provisions shall

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

any matter whatsoever relevant to the dispute or difference referred to the arbitrators as

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

to carry out their respective obligations under the Contract.

84.6 All questions, disputes or differences, whatsoever which may at any time arise between

the parties to this contract in connection with the contract or any matter arising out of or

in relation there to shall be referred to the “Gujarat public works contracts disputes

arbitration tribunal” as per the provisions of the Gujarat public works contracts disputes

arbitration tribunalact,1992.

The reference to arbitration proceedings under this clause shall not

a) Affect the right of the Engineer -in charge to take possession of all or any

tools, plants, materials and stores, in or upon the work or site therof or

belonging to the contractor or procured by him and intended to be used for the

execution of the work or any part thereof.

b) Preclude the Engineer-in charge from utilizing the materials purchased by the

Contractor in any work or from removing such materials to other place, during

the period the work is stopped or suspended in pursuance of notice given to

the contractor under General Conditions.

c) Entitle the contractor to stop the progress of the work or carrying out the additional

or altered work in accordance with the prevision of General Conditions for the work

where there is no specifications.

d) Preclude the GETCO from getting the work done by another agency.

Neither party is entitled to bring a claim to arbitration latest by thirty days after

the expiration of the defects liability period.

The provisions of the Arbitration Act,1992, Gujarat Public Works Contract

Disputes Arbitration Tribunal Act, 1992, and rules made there under shall

apply to the arbitration proceeding under this clause. “

85.0 RECONCILIATION OF ACCOUNTS

The Contractor shall prepare and submit every two months, a statement covering

payments claimed and the payments received vis-à-vis the works executed, for

reconciliation of accounts with the Owner. The Contractor shall also prepare and submit

a detailed account of Owner Issue materials received and utilized by him for

reconciliation purpose in a format to be discussed & finalized with the Owner before the

award of Contract.

86.0 LABOUR LAWS:

86.0.1 Persons below the age of 18 years shall not be employed for the work. No female worker

shall be employed in the night shift between 07.00 p.m. and 06.00 a.m. next day.

86.0.2 Contractor shall maintain a valid labour license under the contract Labour (Regulation

and abolition) Act for employing necessary manpower required by him. In the absence

of such license, the contract shall be liable to be terminated without assigning any reason

Seal & Signature of Bidder

86.0.3 The Contractor shall at his own expenses comply with all labour laws and keep the

GETCO indemnified in respect thereof. Some of the major liabilities under various labour

and industrial laws which the Contractor shall comply with, are as under:

i) Payment of contribution by way of Employer’s Contribution towards provident

Fund, Family Pension Scheme, Deposit Linked Insurance Scheme,

Administrative charges, etc. at the rates made applicable from time to time by

the Government of Gujarat / Government of India or other Statutory Authority.

ii) Payment of deposit in respect of each contract labour at the rate of Rs. 30/- or

later prevailing rate with the Office of Commissioner of Labour as per the

Contract Labour (Regulation and Abolition) Act.

iii) License fee as prescribed under the Contract Labour (Regulation and Abolition)

Act and Rules framed there under depending upon the number of workmen.

iv) Paid leave facility and wages as per the provision of the Factories Act at the rate

of one day for every 20 days of working.

v) Identity cards as prescribed under the Factories Act with photo affixed thereto,

for identification.

vi) Payment of retrenchment compensation, Notice Pay and other liabilities as per

Industrial Dispute Act. Any payment to the Contractor’s employee arising out of

any claim of disputes under the Industrial Disputes Act 1947 or any other Labour

vii) Payment of compensation in case of accidental injury.

viii) Provision of crèche if the female laborers employed are more than

ix) Maternity Leave as per the provisions of the Maternity Benefit Act.

The above are some of the major liabilities of the Contractor in addition to other liabilities

prescribed under the various labour laws, in force from time to time, from Statutory

Authorities like State Government/ Government o India, which the Contractor shall have

to comply with.

86.1 PROVIDENT FUND AND FAMILY PENSION SCHEME:

The Contractor shall submit along with his bills (month wise) a statement regarding

deduction against employees Provident Fund and Family Pension Scheme in respect of

each concerned employee. Provident Fund and Family pension Scheme at the rate of

18% (or at the rate made applicable by the Government from time to time of the wages.

The Contractor’s contribution and his workers contribution towards Provident Fund and

Family Pension Scheme shall be deposited by the Contractor with Regional Provident

Fund Commissioner, Ahmedabad.

86.2 DEPOSIT LINKED INSURANCE SCHEME

The contractor shall have to deposit ½ % of the wages in respect of employees who is

a member of the Provident Fund, as the contribution to the Deposit Linked Insurance

Scheme with Regional Provident Fund Commissioner, Ahmedabad.

86.3 ADMINISTRATIVE CHARGES:

Administrative charges for maintaining Provident Fund Account shall be deposited by

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

Seal & Signature of Bidder

86.4 PAID LEAVE FACILITY:

Paid Leave Facility at the rate of one day for every twenty days worked by the Contract

Labour, shall be provided by the Contractor to his workers. He shall maintain Leave

Records, Leave Cards, for individual laborer which shall be duly verified, approved and

certified by the authorized Officer of the GETCO.

86.5 WORKMAN’S COMPENSATION FUND AND EMPLOYER’S LIABILITY

The contractor shall cover all his employees under workmen’s compensation fund and

under the liability insurance. The purchaser shall not be responsible for any payments

of compensation to the workers/supervisor of the contractor for fatal or non-fatal

accidents during the pendency of the contract.

86.6 The contractor shall employ adequate number of experienced skilled at site for daily

supervision and for maintenance of various registers and records required under the law

and contract. No payment for supervision shall be admissible.

86.7 CONTRCTOR TO INDEMNIFY THE GETCO:

The Contractor shall Indemnify the GETCO and every member officer and employees of

the GETCO also, Engineer-in-Charge and his staff against all actions, proceedings,

claims, demands, costs and expenses whatsoever, arising out of or in connection with

the matters referred herein above elsewhere and against all actions, proceedings,

claims, demands, costs and expenses which may be made against the GETCO or

Government for or in respect of performance of his obligation under the contract

documents. The GETCO shall not be liable for intervention of authority Government for

or in respect of performance of his obligation under the contract documents. The GETCO

shall not be liable for or in respect of or in consequence of any accident or injury to any

workman or other person in the employment of the Contractor or his Sub-Contractor and

the contractor shall indemnify and keep indemnified the GETCO against all claims,

demands, proceedings, cost, charges and expenses whatsoever in respect thereof or in

relation thereto.

86.8 WORKMEN’S COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE

Insurance shall be effected for all the Contractor’s employee engages in the

performance of this contract. If any of the work is sublet, the Contractor shall required

the Sub-Contractor to provide workmen’s employer’s liability insurance for the latter’s

employees, such employees shall be covered under the Contractor’s Insurance.

86.9 WAGES TO BE PAID & TIME OF PAYMENT ETC. BY THE CONTRACTOR

a) The Contractor shall pay minimum wages per day to his Labours/ Workers as

per rates fixed under the minimum wages act. The wages of every Contract

Labour employed by him under this contract shall also be paid by him before the

expiry of 7th day of the last day of the month in respect of the wages are payable

(i.e. wages of a month have to be paid by him in the first week of the next month).

Any default will result in cancellation of contract forthwith or else the contractor

shall be punishable to the extent of Rs. 100/- per each day or as per the prevailing

rules of labour laws.

b) The Contractor shall give his Telephone Number and Address to the GETCO, so

that, in case of labour trouble etc. the Contractor can be contacted. The

Contractor shall arrange to have his office outside the factory work premises and

the Contractor shall arrange to have his office outside the factory work premises

and the Contractor shall keep himself present throughout the working hours.

Seal & Signature of Bidder

86.10 REGISTRATION WITH PROVIDENT FUND OFFICE

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

ii) If the contractor does not possess separate P.F. code number of RPFC, his

tender will not be considered for acceptance.

iii) The contractor should mention separate P.F. code number allotted by RPFC,

along with the tender.

87.0 Termination of Contract:

In case of contractor fails to deliver the stocks or any consignment thereof within

contractual period of delivery or in case the stores are found not in accordance with

prescribed specification and/or the approved sample, the GETCO shall exercise its

discretionary power either:

87.1 To recover, from the contractor as agreed, by way of penalty clause above, or

87.2 To purchase from elsewhere after giving due notice to the contractor on account and

at the risk of the contractor for such stores not so delivered or other similar

description without canceling the contract in respect of the consignment not yet due

for delivery or

88.00 To cancel the contract.

In the event of the risk purchase of stores of similar description, the opinion of the

GETCO shall be final. In the event of action taken under clause above, the contractor

shall be liable to pay for any loss which the GETCO may sustain on that account,

but the contractor shall not be entitled to have any saving on such purchases made

against default.

The decision of the GETCO shall be final as regards to the acceptability of stores

supplied by the contractor and the GETCO shall not be required to give any reason

in writing or otherwise at any time for rejection of the stores.

89.0 MATCHING OF END COST:

In case the GETCO decides to award contract on matching end-cost basis, the

bidder has to reduce all the quoted rates proportionately. The reduction on overall

basis will not be accepted (i.e. all unit rates of erection schedule shall be reduced

proportionately by difference in percentage). The confirmation for matching end cost

shall be given within 7 (seven) days from the letter from GETCO.

90.0 VENDOR REGISTRATION:

All new bidders / Vendors have to register themselves with the GETCO by paying

Rs.10,000/- (Non-refundable) plus GST as applicable. Regular suppliers are

registered automatically looking to their performance. They shall have to fill up a

prescribed form attached herewith within two months giving basic details of their set

up, turn over, ISO certification, etc. However, they shall have to re-register by paying

Rs.10,000/-(Non-Refundable) plus GST as applicable after 05 years from

01/03/2001. Factory inspection for new entrants is a must. Factory inspection shall

be conducted for the period of every 2 years from where the supplier is supposed

to supply the materials. This new rule shall come in to force after 06 months from

01/03/2001 so that party gets enough time for registration. However in the meantime

all the New Vendors shall have to pay Rs.10,000/-(Non-refundable) plus GST as

applicable towards registration fees as explained above, before submission of bids

Seal & Signature of Bidder

and the proof of the same may be given with the technical bid otherwise tender will

be ignored out rightly.

Vendor registration upto tender value of Rs.1 Lac (One Lac) for the new entrant is

not required. However, Rs.1000/- plus GST as applicable towards Vendor

registration shall be payable for the tender value between Rs.1 Lac and including

upto Rs.5 Lacs. Vendor registration beyond Rs.5 lacs will be applicable and shall

have to pay Rs.10,000/- plus GST as applicable for new entrant as specified above.

If the New Vendors are already registered by paying of Rs.10,000/- (Non-

Refundable), then it is requested to please quote the Vendor Registration Number

date in Annexure–“X” which is attached with the tender and also enclose the copies

of Money Receipt and vendor registration letter in the EMD Cover.

If the tendered is new & not registered with the GETCO, then they should Pay

Rs.10,000/- plus GST as applicable before opening of the tender itself and the copy

of Money Receipt should be submitted in the EMD Cover, otherwise their tender will

be ignored without any further communication in the matter.

91.0 INTRODUCTION OF LEAVY OF TCS.

TCS @ 0.075% / 0.1% will be payable extra subject to fulfilment of the

conditionsof sub section (1H) of section 206C of Income Tax Act, 1961. The

format of undertaking is attached as schedule – 20 in the tender.

92.0 Deduction of TDS under GST:

“TDS under GST @ 2 % (1 % CGST & 1 % SGST or 2 % IGST, as applicable)

or at the applicable rate from time to time, will be deducted from the bill of the

Suppliers / Contractors at the time of credit or payment. TDS certificates in

the prescribed format will be issued as per prescribed rules under GST.”

93.0 INCOME TAX (TDS)

 TDS under Income Tax will be deducted on purchase of goods by GETCO @ 0.1%

of the sum exceeding Rs. 50 lacs u/s 194Q from the bill of suppliers/contractors at the

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

being also made by GETCO to supplier. Further in some of the cases, where TCS u/s

206 (1H) is applicable also along with TDS u/s 194Q, then only TDS on purchase of

Goods u/s 194Q shall be deductible, as TDS u/s 194Q overrides TCS u/s 206C (1H).

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

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

fiscal years will be subjected to higher TDS).

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

(b) At twice the rates in force

(c) At the rate of 5%

94.0 Bidder should follow the GOI guideline of Restrictions under rule 144 (xi) of the General

Financial Rules (GFRs), 2017 vide office memorandum no. F.No.6/18/2019-PPD Dt:

23.07.2020. The copy of subject memorandum is attached in technical specification

Seal & Signature of Bidder

95. Responsibility for correctness of the information submitted in the bid lies with bidder. If any

information furnished in the bid is proved to be false at a later date, GETCO reserve right

to reject the bid and the bid will not only be rejected but the bidder will be BLACKLISTED

as per GUVNL Policy

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

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

all excavators prior to any type of excavation / digging

97. Conflict of Interest among Bidders / Agents

A bidder shall not have conflict of interest with other bidders for particular quoted

item. Such conflict of interest can lead to anti-competitive practices to the detriment

of Procuring Entity’s interests. The bidder found to have a conflict of interest shall be

disqualified. A bidder may be considered to have a conflict of interest with one or

more parties in this bidding process for particular quoted item, if:

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

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

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

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

puts them in a position to have access to information about or influence on the bid of

another bidder; or

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

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

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

sub-assembly/ assemblies from one bidding manufacturer in more than one bid.

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

manufacturers, one agent cannot represent two manufacturers or quote on their

behalf in a particular tender enquiry. One manufacturer can also authorize only one

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

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

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

Seal & Signature of Bidder

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

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

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

units, or more than one unit having common business ownership/ management, only

one unit should quote. Similar restrictions would apply to closely related sister

companies. Bidders must proactively declare such sister/ common business/

management units in same/ similar line of business.

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

amended from time to time.

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

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

98 Relationship clause:

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

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

in partnership firm) of any employee of the tendering company of his/her relative as

defined in section 2(77) of Company act 2013 is 10% or more, the tendering

company will not deal with such company/Firm at all.

Tenderer therefore must specifically disclose the fact in his technical bid Non

disclosure of such facts would immediately disqualify the tenderer for further

dealing with the tendering company”

Seal & Signature of Bidder

GENERAL INFORMATION (TECHNICAL) :

1.1. CODES, STANDARDS & REGULATIONS

The design, manufacture, erection and testing of the equipments and material to be supplied

shall comply with latest revisions of relevant Indian Standards or equivalent IEC standards.

In addition, the Indian Electricity Rules, Electricity Act 2003,Statutory requirements of Central

Govt., GERC and State Government of Gujarat( applicable codes), shall also be complied with.

Any complications arising out of it will be set right by the bidder without any implication to

The bidder shall submit his offer as per information given in submission of tender.

Drawings, Data and Documents

The bidder shall furnish following documents/ information along with offer in spiral bound

General description of equipment offered specifying the important features, make, technical

parameters, materials of construction etc. To enable GETCO to have proper understanding of

the material offered and its operation.

The following drawings and documents shall be furnished to GETCO by the successful bidder

for approval of GETCO, within the period stipulated in the draft contract/mutually agreed terms

at the time of placement of order, the bidder shall submit a list of all such drawings and

documents he proposes to submit. The list will be approved by GETCO and may be modified,

if necessary. Each drawing /document in the list shall be identified with a serial number,

description and scheduled date of submission. This should be submitted in a spiral bound

1.2. MAJOR DOCUMENTS & DRAWINGS REQUIRED FOR APPROVAL:

 Switchyard Single Line Diagram

 Switchyard Layout Plan and Sections.

 Protection SLD with all details of relays and wiring

 Control room/GIS room Layout

 Protection Philosophy.

 Equipment Earthing Philosophy supported by all drawings and description of

 Earthing Layout showing Earth Mat(s),treated and untreated earth electrodes

supported by complete Earthing system ( mat) design calculations

 Illumination Layout for switchyard and control room with design calculations.

 Erection Key Diagram with BOQ.

 Equipment Clearance Check Diagram (Clearances shown for each and every

portion of switchyard ,inter-equipments ,equipments to tower/structures).

 Direct Stroke of Lightning Protection Layout with full design calculations.

 Other Design Calculations required for Sub-Station

 All the equipment’s Structure drawings along with Design Calculations.

 Control and power cable philosophy and cable schedules for all the bays.

 Drawings for all the equipments & materials as per bidding schedule

supported by required calculations related to design/rating /temp rise

 Field Quality Plan for Sub-Station.

Seal & Signature of Bidder

1.3. FOR REFERENCE

OEM’s Complete and comprehensive instruction manuals with drawings for operation

and maintenance of the equipments supplied by the bidder. This shall also include the

 Static and dynamic loading of all major equipment

 Inter panel wiring of all equipment

 Inter panel wiring and terminal block arrangement

 External connection diagram, panel wise and scheme wise

 Composite drawings showing circuit of switchgear remote panels and other

items to complete circuit for its proper functioning.

Log sheets indicating daily/ hourly recording of power system parameters to be noted

down by GETCO operating person. The parameter shall indicate loading of various

electrical equipment, quality of power supply, energy consumption and maximum demand

of sub-station.

Preventive maintenance schedule for each equipment.

Procedure for shutdown and energization of switchyard and HT equipment.

Safety procedures for safe operation of equipment and complete system.

Test procedure for site tests.

1.4. AS- BUILT DRAWINGS

On completion of installation, testing and commissioning, the bidder shall incorporate revisions/

modification if any, in the reproducible and submit ‘as built’ drawing for GETCO’s record in spiral

bound volumes and soft copy. The drawings shall be in Autocad DXF format.

1.5. TEST AND INSPECTION FOR INDIVIDUAL ITEM

Routine test/ Acceptance tests shall be carried out on all equipment at manufacture’s works as

per appropriate IS/IEC. The bidder shall make reasonable facilities, at his cost for inspection

and testing of the equipment/material by GETCO’s Officials. No equipment shall be dispatched

to site without provisional certificates of acceptance issued by GETCO. Inspection and test shall

be carried out at the place of manufacture as well as on receipt of the equipment at site if

required. Inspection and tests do not relieve the bidder of his contractual obligations regarding

performance of the equipment at site/in actual use.

The bidder shall submit the brief summary of all type test certificates for similar

equipment supplied by him elsewhere and the actual type test certificates as and when asked.

In case type test certificates for similar equipment is not available, the same shall be conducted

in the presence of GETCO’s Authorized representative if GETCO so desires, without any

financial implications to the GETCO. The type test report shall not be older than 5 year from

the date of tender opening (Technical bid opening).

The supplier of the equipment shall ensure that the equipment available at his works for

routine test/type test/acceptance test are duly calibrated and necessary certificate shall be made

available to the inspecting officer of GETCO.

Seal & Signature of Bidder

As far as possible, the supplier of equipment shall give a minimum of 15 days notice of

readiness of material and give the inspection call accordingly. If on arrival of inspecting officer

at the works, the material is not found to be ready, the concerned supplier of equipment shall

be liable for additional expenditure GETCO may incur on account of retention or re-deputation

of the inspecting officer.

The officer deputed for inspecting for particular lot of material according to intimation

from you may also like to check Quality Control Plan and for that purpose he may demand the

Test Reports of raw material being procured.

1.6. FUNCTIONAL AND COMPOSITE TESTING

Following test shall be conducted on equipment after completion of erection in the presence of

Engineer -in-charge from point of view of completeness in the presence of GETCO’s Authorized

Representative.

 Visual inspection of total system.

 Checking of continuity of power and control cables.

 Checking of insulation by secondary injection or by primary injection.

 Calibration of meters by secondary injections or by primary injection.

 Checking of protective schemes.

 Setting of relays and the checking of their operation with one lower and one

higher setting.

 Checking of control scheme of breakers, etc. as per approved drawing and

as per actual requirement.

 Checking of alarm and as per actual simulation of faults.

 Checking of nameplate data of complete system.

 Verification and measurement of earthing resistance.

 Checking of cable terminations and laying, dressing etc. in the equipment

kiosk and control panels.

 Checking of safe accessibility of components.

All the equipments and materials shall be passed through checks and test as per approved Field

The insulation resistance test shall be carried out on the following equipments.

 EHV installation - by 5000 V Megger

 HV installation above 11 KV - by 2500V Megger

 Power circuit of voltage up to 1KV- by 1000 V Megger

 A.C. & D.C. auxiliary circuits - by 500 V Megger

1.7. BAR CHARTS

The Bidder shall furnish along with the bid, the bar charts in M.S. PROJECT and PROJECT

schedules indicating starting and completion dates of each activity, such as preparation &

approval of drawings, manufacturing/supply/ delivery, civil works, erection, testing, pre

commissioning and commissioning etc.

1.8 SCADA & Protection Architecture

SCADA & Protection architecture is based on IEC-61850 ring topology using ‘Bay Oriented’

approach. This concept includes Protection IEDs, Bay Control Units BCUs, LAN equipments

Seal & Signature of Bidder

etc. are to be installed in dedicated chambers (Yard-kiosks) close to primary equipments of

switch-yard. All such equipments are to be connected through fiber optic cable in ring fashion.

HMI PCs, DR work station PC, DAS metering PC, ABT metering PC, GPS, Gateway for RTU,

Gateway for RCC and Printers are connected via switches and placed in Control Room.

Identification labels shall be provided on all equipments as per client’s approval. All labels shall

be engraved on plastic (white letters with black background) and all text shall be in English

Any exclusion /deviation from specification shall be clearly spelt out and listed at one place only

and bidder shall substantiate the same with appropriate reasons. In the absence of clearly spelt

out and mutually agreed deviation, it shall be considered that the bidder has undertaken to

comply with the technical specification totally, in letter and spirit.

It will be responsibility of the successful bidder to obtain necessary approval of statutory

authority as per rules of Govt. of Gujarat and Central Electricity Authority for the work under his

scope before energizing/ charging the equipment/system. However bidder shall be extended all

assistance by the GETCO in regard to application for the same.