BIDDING DOCUMENTS FOR DEVELOPMENT OF GRID …

0

REMC Limited [Formerly known as Railway Energy Management Co. Ltd.

(REMCL)]

(A Joint Venture (JV) Company of Indian Railways and RITES Ltd.)

BIDDING DOCUMENTS FOR DEVELOPMENT OF GRID CONNECTED SOLAR PV

PROJECT(S) (UPTO 210 MW CAPACITY) ON VACANT

RAILWAY LAND Section I, II, III, IV, V and VII

BIDDING DOCUMENT NO.: REMCL/CO/Solar/210 MW /CAPEX/2021

Date:02/08/2021

1

BIDDING DOCUMENTS FOR

DEVELOPMENT OF GRID CONNECTED SOLAR PV PROJECT(S) (UPTO 210 MW CAPACITY) ON VACANT RAILWAY LAND

BIDDING DOCUMENT NO. : REMCL/CO/SOLAR/210 MW/CAPEX/2021

CONTENTS

Section I : Invitation for Bids (IFB)

Section II : Instructions to Bidders (ITB)

Section III : Bid Data Sheet (BDS)

Section IV : General Conditions of Contract (GCC)

Section V : Special Conditions of Contract (SCC)

Section VI : Technical Specification (TS)

Section VII : Forms and Procedures (FP)

1. (a) Section-VII (Book 1 of 3) Bid Form & Attachments (Techno-Commercial Bid)

(b) Section-VII (Book 2 of 3)

Bid Form & Attachments along with Price Schedules (Price Bid)

Section-VII (Book 3 of 3)

2. Bid Security Form - Bank Guarantee

3. Forms of Notification of Award

4. Form of Contract Agreement

5. Performance Security Forms

6.(a) Bank Guarantee Form for Advance Payment for Supply of Plant and Equipment

6.(b) Bank Guarantee Form for Advance Payment for

Installation Services

7. Form of Completion Certificate

8 Form of Operational Acceptance Certificate

2

9. Form of Trust Receipt

10. Forms of Indemnity-Cum-Undertaking Agreement (2 Nos.)

11. Form of Authorization Letter

12. Form of Bank Guarantee Verification Check List

13. Form of Validity Extension of Bank Guarantee

14. Form of Indemnity-Cum-Undertaking Agreement regarding removal/disposal

of scrap and surplus material

15. Form of Bank Guarantee by Associate/Collaborator – Not Applicable

16. Form of Notification by the Employer to the Bidder

17. Form of Joint Deed of Undertaking – Not Applicable

18. Bank Guarantee Form for Security against Overall System Performance (including Modules) during O&M Period

19. Not Applicable

20. Joint Undertaking for AMC of Critical Equipment for Stipulated Duration during

O&M Period

21. Certificate from Module Manufacturer & Cell Manufacturer Regarding Meeting DCR Norms Under DEVELOPMENT OF GRID CONNECTED SOLAR PV PROJECT(S) (UPTO 210 MW CAPACITY) ON VACANT RAILWAY LAND.

3

Acronyms

BDS Bid Data Sheet

CIF Cost, Insurance and Freight

CIP Carriage and Insurance paid to (place)

CPM Critical Path Method

EDI Electronic Data Interchange

EXW Ex-factory, ex works or ex warehouse

FCA Free Carrier

FOB Free on Board

FP Forms & Procedures

GCC General Conditions of Contract

ICC International Chamber of Commerce

IFB Invitation for Bids

ITB Instructions to Bidders

SCC Special Conditions of Contract

TS Technical Specifications and Drawings

UNCITRAL United Nations Commission on International Trade Law

INCOTERMS International Rules for International Trade Law.

Note: The terms EXW, CIF, etc. shall be governed by the rules prescribed in the current edition of INCOTERMS, published by the International Chamber of Commerce, 38, Cours Albert 1er, 75008, Paris, France/.

4

SECTION - I INVITATION FOR BIDS

(IFB)

5

INVITATION FOR BID INVITATION FOR BIDS (IFB)

FOR DEVELOPMENT OF GRID CONNECTED SOLAR PV PROJECT(S) (UPTO 210 MW

CAPACITY) ON VACANT RAILWAY LAND

Bidding Document No: REMCL/CO/SOLAR/210 MW/CAPEX/2021

1.0 REMC Ltd. [formerly known as Railway Energy Management Company Limited (REMCL)] (a JV company of Indian Railways & RITES Limited) invites online bids from eligible bidders on Single Stage Two Envelope (i.e. Envelope-I: Techno-Commercial Bid and Envelope-II: Price Bid) with Reverse Auction for DEVELOPMENT OF GRID CONNECTED SOLAR PV PROJECT(S) (UPTO 210 MW CAPACITY) ON VACANT RAILWAY LAND. Only domestically manufactured Solar PV Cells and Modules shall be used in the projects to be set up through this tender.

2.0 BRIEF SCOPE OF WORK

Design, Engineering, Manufacturing, Supply, Packing and Forwarding, Transportation, Unloading, Storage, Installation and Commissioning of grid connected Solar PV project on turnkey basis under DCR category on vacant Railway land parcels as per Annexure- 1 of IFB.

The scope includes the following:

(i) Operation & maintenance of complete Solar PV plant including Switchyard along

with electrical equipment, consumables and spare parts for a period of Ten (10) years from the date of successful completion of trial run.

(ii) Scope of Work for Solar Plant up to ISTS/InSTS/DISCOM Sub-Station:

1. Design, engineering, manufacturing, supply, packing and forwarding, transportation,

unloading storage, installation, testing and commissioning of Solar Photo Voltaic Plant based on domestically manufactured PV cells and modules.

2. Successful Bidder will be authorized to construct foundation and erect Solar plant as

per scope of work defined in bid document and contract agreement including O&M for 10 (ten) years on vacant Railway land parcel (s) by Issue of Authorization letter without any charge/fees.

3. Topographical survey & Geo-Technical investigation

7

INVITATION FOR BID 4. Site-grading, clearing of vegetation.

5. Design and construction of foundation & mounting structure for SPV panels.

6. Providing power supply and water supply for construction purposes.

7. Construction of Pre-Engineered type Inverter room with Power conditioning unit

associated LT and HT switchgear. In case of String Inverter, construction of Pre- Engineered type HT Switchgear room.

8. Construction of Central Monitoring and Control Station with switchgear room, SCADA

room, Store room, Battery room with all electrical fitting and furniture, fencing of SPV plant, security cabin etc.

9. All associated electrical and civil works required for interfacing with grid (i.e.

transformer(s), breakers, isolators, panels, protection system, cables, metering at appropriate Voltage level, earthing of transformer etc.) and interconnection to Main Pooling station as applicable.

10. Water supply arrangement including supply and installation of water storage and

module washing system.

11. Construction of internal roads, pathways, fencing & or peripheral boundary wall and drainage system.

12. SCADA system for remote monitoring and control of Inverters with all hardware &

software.

13. Supply of Mandatory spares.

14. Evacuation of power from Solar plant to ISTS/InSTS/Discom substation at appropriate voltage level as specified in Annexure 1 of IFB.

The detailed scope of work is as defined in the bidding document No.: REMCL/CO/SOLAR/210 MW/CAPEX/2021.

3.0 REMCL intends to finance the subject package through Equity & Debt.

4.0 Detailed specification, Scope of work and Terms & Conditions are given in the

bidding documents, which are available for examination and downloading at e- tender portal (as specified in this notice) and as per the schedule.

8

INVITATION FOR BID S. No. Event Description Date

1. Issue of Bidding Document 02.08.2021

2 Date of Receiving Pre-bid Queries 05.08.2021

3 1st Pre-Bid Conference 17.08.2021

4 2nd Pre-Bid Conference 21.09.2021

5 Tentative date of response by REMC Ltd. to

Queries 30.09.2021

6 Bid Due Date (Up to 14:00 hrs.) 21.10.2021

7 Technical Bid Opening date (at 14:30 hrs.) of Bidding document

21.10.2021

8 Financial Bid Opening date (at 14:30 hrs.) of

Bidding document To be intimated later

9 Reverse Auction To be intimated later

10 Validity of Bids 270 days from Bid due date

The pre-bid conference shall be held through webinar, details/link for the same shall be notified through ETS portal.

5.0

All bids must be accompanied by Bid Security for an amount equivalent to Rs Four ( 04) lacs per MW of quoted capacity.

ANY BID NOT ACCOMPANIED BY AN ACCEPTABLE BID SECURITY IN A SEPARATE SEALED ENVELOPE SHALL BE REJECTED BY THE EMPLOYER (REMCL) AS BEING NON-RESPONSIVE AND RETURNED TO THE BIDDER WITHOUT BEING OPENED

9

INVITATION FOR BID

6.0 Qualifying Requirements for Bidders: PROJECT CONFIGURATION: Bidder can quote for one or more than one packages as per Annexure–I to IFB. Bidder can quote complete capacity of a package. Bid for partial capacity of a package is not allowed. Evaluation of bids and reverse auction will be done package wise. The contract shall be awarded to successful bidders of each package.

In addition to the requirements stipulated under section Instruction to Bidder (ITB), the Bidder should also meet the qualifying requirements stipulated hereunder in Clause 1.0 and Clause 2.0:

1.0 TECHNICAL CRITERIA 1.1 The Bidder should have designed, supplied, erected/ supervised erection

and commissioned/ supervised commissioning of Solar Photo Voltaic (SPV) based grid connected at least one power plant of a minimum value of 35% of the offered Capacity of a package in MW. The reference solar power plant must have been in successful operation for at least six (6) months prior to the date of techno-commercial bid opening. If the bidder has offered for more than one package with different capacities, then he must have executed at least one PV power plant of at least 35% of the highest capacity among the offered package capacity.

OR

1.2 The Bidder should be a developer of at least one Solar Photo Voltaic (SPV) based grid connected power plant of a minimum value of 35% of the offered capacity of a package in MW. The reference solar power plant must have been in successful operation for at least six (6) months prior to the date of techno-commercial bid opening. If the bidder has offered for more than one package with different capacities, then the bidder should be a developer of at least one PV power plant of at least 35% of the highest capacity among the offered package capacity.

OR

1.3 (a) The Bidder should have executed in the last ten (10) years an industrial

project either as developer or as EPC Contractor in the area of power/ steel/ oil and gas/ Petro-chemical/ fertilizer/cement/coal mining including coal handling plant and/ or any other process industry, of a value of Rs. 3.85 Crore/MW (Indian Rupees Three Crore Eighty Five lakhs per MW) of offered capacity of a package or more in a single project or single work respectively and the same should be in successful operation for at least one (1) year prior to the date of techno-commercial bid opening.

If the bidder has submitted his offer for more than one package with different quantum’s capacity, then the value of individual project should not be less then Rs 3.85 Crore/MW of offered capacity of the highest quantum among the packages.

10

INVITATION FOR BID (b) The Bidder should have executed at least one (1) Electrical Sub- station of 33 kV or above voltage level, consisting of equipment such as 33kV or above voltage level circuit breakers and Power transformer, either as developer or as EPC Contractor which should be in successful operation for at least one (1) year prior to the date of techno-commercial bid opening.

The works referred at clause 1.3 (a) & 1.3 (b) can be in same or different projects.

Notes for Clause 1.0

a) The reference SPV based grid-connected power plant of a minimum value of 35 % of the offered capacity of a package in MW should be at a single location developed by Bidder for itself or any other client. Eligible one land based solar PV project shall mean a land based solar PV project having single connectivity.

b) SPV based Roof-top/Floating solar power projects, which are grid connected, shall also be considered eligible for QR purposes.

c) Projects executed by Bidder’s group company, Holding Company or Subsidiary Company shall not be considered as Bidder’s experience for meeting the QR.

d) Bidder shall submit certificate of successful completion and operation from the Owner. e) In case the award for the reference works has been received by the Bidder directly from

either owner of plant or any other intermediary organization, a certificate from such owner of plant or the intermediary organization shall be required to be furnished by the Bidder along with its techno-commercial bid in support of its claim of meeting requirement stipulated above. Certificate from owner of the plant shall also be furnished by the Bidder for successful operation of the reference plant.

f) In case of developer as bidder in clause 1.2 or 1.3, the documentary evidence (certified by Chartered Accountant) for value of executed reference work must be submitted by the Bidder.

g) Developer means an entity who has either executed or got executed the work/ project as owner of industrial projects.

h) The execution of industrial project as EPC Contractor under Clause No. 1.3 means, such EPC Contractor is responsible for all the activities 1. i.e. Design/Engineering, Procurement, Construction and Commissioning of a

project/work. i) The portion of work related to power transformer such as supply and or installation

mentioned at cl. no. 1.3 (b) can either be done by EPC contractor by themselves or by the owner.

2 FINANCIAL CRITERIA 2.0 The average annual turnover of the Bidder should not be less than of Rs.

3.85 Crore/MW (Indian Rupees Three Crore Eighty-Five lakhs per MW) of offered capacity of a package during the preceding three (3) financial years as on date of techno-commercial bid opening.

If the bidder has submitted its offer for more than one package with

11

INVITATION FOR BID different quantum’s of capacity, then the average annual turnover of the bidder should not be less then Rs 3.85 Crore/MW of offered capacity of the highest quantum among the packages.

In case a Bidder does not satisfy the annual turnover criteria, stipulated above on its own, its Holding Company would be required to meet the stipulated turnover requirements as above, provided that the Net Worth of such Holding Company as on the last day of the preceding financial year is at least equal to or more than the paid- up share capital of the Holding Company. In such an event, the Bidder would be required to furnish along with its Techno-Commercial Bid, a Letter of Undertaking from the Holding Company, supported by the Holding Company’s Board Resolution, as per the format enclosed in the bid documents, pledging unconditional and irrevocable financial support for the execution of the Contract by the Bidder in case of award.

2.1 Net Worth of the Bidder as on the last day of the preceding financial year

should not be less than 100% (hundred percent) of bidder’s paid-up share capital. In case the Bidder does not satisfy the Net Worth criteria on its own, it can meet the requirement of Net worth based on the strength of its Subsidiary (ies) and/or Holding Company and/or Subsidiaries of its Holding companies wherever applicable, the Net worth of the Bidder and its Subsidiary(ies) and/or Holding Company and/or Subsidiary(ies) of the Holding Company, in combined manner should not be less than 100% (hundred percent) of their total paid up share capital. However individually, their Net worth should not be less than 75% (seventy-five percent) of their respective paid up share capitals.

Net worth in combined manner shall be calculated as follows:

Net worth (combined) = (X1+ X2+X3) / (Y1+Y2+Y3) X 100 where X1, X2,X3 are individual Net worth which should not be less than 75% of the respective paid up share capitals and Y1,Y2,Y3 are individual paid up share capitals.

2.2 In case the Bidder is not able to furnish its audited financial statements on

standalone entity basis, the unaudited unconsolidated financial statements of the Bidder can be considered acceptable provided the Bidder further furnishes the following documents on substantiation of its qualification:

- Copies of the unaudited unconsolidated financial statements of the

Bidder along with copies of the audited consolidated financial statements of its Holding Company.

- Certificate from the CEO/ CFO of the Holding Company, as per the format enclosed in the bidding documents, stating that the unaudited unconsolidated financial statements form part of the consolidated financial statement of the Holding Company.

- In case where audited results for the last financial year as on date of techno-commercial bid opening are not available, the financial results certified by a practicing Chartered Accountant shall be considered acceptable. In case the Bidder is not able to submit the Certificate from a practicing Chartered Accountant certifying its financial

12

INVITATION FOR BID parameters, the audited result of three consecutive financial years preceding the last financial year shall be considered for evaluating financial parameters. Further, a certificate would be required from the CEO/CFO as per the format enclosed in the bidding documents stating that the financial results of the company are under audit as on techno-commercial bid opening and the Certificate from a practicing Chartered Accountant certifying the financial parameters is not available.

2.3 SERVICING OF LOAN / CREDIT LIMIT (i) The bidder should furnish a declaration that he has not failed to service the principal amount or interest or both of a loan amount / credit limit from any Bank or Financial Institution during a period of one year prior to the deadline for submission of bids. Notes: a) In case a bidder has defaulted in servicing his loan/credit limit during past one year, he shall be disqualified. b) The declaration may be included in the Declaration to be submitted in Performa at Annexure-II to IFB. c) In case JV is permitted the following provisions will apply: Large Works Each partner shall sign the declaration. Normal Works The Partner-in-charge/Lead Member shall sign the declaration.

Notes for Clause 2.0 Net worth means the sum total of the paid-up share capital and free reserves. Free reserves means all reserves credited out of the profits and share premium account but does not include reserves credited out of the revaluation of the assets, write back of depreciation provision and amalgamation. Further, any debit balance of Profit and Loss account and miscellaneous expenses to the extent not adjusted or written off, if any, shall be reduced from reserves and surplus. Other income shall not be considered for arriving at annual turnover. “Holding Company” and “Subsidiary” shall have the meaning ascribed to them as per Companies Act of India.

7.0 REMCL reserves the right to reject any or all bids or cancel/withdraw the Invitation for Bids without assigning any reason whatsoever and in such case no bidder / intending bidder shall have any claim arising out of such action.

8.0 Interested parties are required to get registered with ISN-ETS Portal website https://www.bharat- electronictender.com (if not registered already). After registration, a complete set of Bidding Documents may be downloaded by any interested Bidder from Portal https://www.bharat-electronictender.com Interested parties are required to ensure that they have downloaded the official copy of Bidding documents from above mentioned website without which they

13

INVITATION FOR BID will not be able to submit their bids. Cost of Bid document of Rs. 29500/- (inclusive of GST@ 18 %) to be submitted either through NEFT/RTGS transfer in the account of REMCL (Axis Bank A/c no.913020000871191 IFSC Code- UTIB0000131, Branch- DLF, GURGAON) or in the form of DD/Pay Order, along with the response to Bid document in favour of “REMC Limited ”, payable at Gurgaon. Note: No hard copy of Bidding Documents shall be issued by REMCL .

8.1 Issuance of Bid Documents to any Bidder shall not construe that such Bidder is considered to be qualified. Bids shall be submitted online. Bidder shall furnish Bid Security, Integrity Pact and Power of Attorney separately offline as detailed in Bidding Documents before the stipulated bid submission closing date and time at the address given below.

8.2 Various benefits viz. exemptions for cost of bid document & bid security etc. available to MSME category bidders will be applicable in this tender.

9.0 Transfer of Bidding Documents purchased by one intending Bidder to another is not permissible.

10.0 Address for communication:

General Manager ( Renewables) REMC Ltd., Ground Floor, Central Wing, RITES Bhawan , Plot No. 1, Sector-29, Gurgaon – 122001 Ph- 0124-2818752, 748 Email: [email protected]

[email protected]

mailto:[email protected]

14

Annexure-I to IFB: Bid Packages

Updated Package wise details of Land Parcel (Tentative) (Total- 210 MW) as per Annexure-I to IFB with Survey Reports (Uploaded in Buyers data room)

1. Packages below have been developed for states where Indian Railways is not a Deemed Licensee.

2. The Target capacity in MW indicated against each location is tentative & may be revised after the completion of detailed survey by the SPD within 3 months from the effective date.

3. Bidders to submit the final schedule after the revision of the capacity (if any) due to the detailed survey by the SPD within 3 months from the effective date.

4. After completion of survey, land details along with survey data will uploaded on website. 5. Bidder can quote for one or more than one package. Bid evaluation & reverse auction

will be conducted package wise.

Draft Bid Packages for Tender 2 (Total- 210 MW)

S.No State Site Name Survey undertaken

No. of Sites

Approx. Area

available (acres)

Tentative Capacity

(MW) Nearest Substation for

reference purposes

Package 1: Vadla Pudi Railway colony, Waltair Division

i. Andhra Pradesh

Vadla Pudi Railway colony,

Waltair Yes 1 71 13

APEPDCL 33/11 kV substation is at a distance of

approx. 5 kms from site

Total 1 71 13


No. of Sites

Approx. Area

available (acres)

Tentative Capacity


reference purposes

Package 2: Dharmavaram, Guntakal Division

i Andhra Pradesh Dharmavaram Yes 1 15 3

APSPDCL 33/11 kV substation is at a distance of approx. 3 kms from the site.

Total 1 15 3


No. of Sites

Approx. Area

available (acres)

Tentative Capacity


reference purposes

Package 3: Pakala, Guntakal Division

i Andhra Pradesh Pakala Yes 1 50 9

APSPDCL 132/33 kV substation is situated

adjacent to the land parcel. Total 1 50 9

15


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)

Nearest Substation for reference

purposes

Package 4: Nandalur, Guntakal Division

i Andhra Pradesh Nandalur Yes 1 30 6

APSPDCL 33/11 kV substation at Nandaluru

is at a distance of approx. 3 kms from the site.

Total 1 30 6


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)


purposes

Package 5: Obulavaripalli, Guntakal Division

i Andhra Pradesh Obulavaripalli Yes 1 35 9

APSPDCL 132/33 kV substation is situated adjacent to the land

parcel. Total 1 35 9


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)


purposes

Package 6: Karanji, Bilaspur Division

i Chhattisgarh Karanji Yes 1 73 14

33/11 kV Surajpur substation is at a

distance of approx. 9 kms from the site.

Total 1 73 14


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)


purposes

Package 7: Durg Jn - Dallirajhara Jn- Dallirajhara railway station, Raipur Division

i Chhattisgarh

Durg Jn - Dallirajhara Jn--

Dallirajhara railway station area

Yes 2 50 9 132/33 kV Substation is

at a distance of approx. 7 kms from the site.

Total 2 50 9

16


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)


purposes

Package 8: Bilaspur, Bilaspur Division

i Chhattisgarh Bilaspur Yes 1 43 8

132/33 kV substation at Bilaspur is at a distance of approx. 10 kms from

the site. Total 1 43 8


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)


purposes

Package 9: Udalkachar, Bilaspur Division

i Chhattisgarh Udalkachar Yes 1 50 9

132/33 kV substation at Belbhara is at a distance of approx. 10 kms from

the site. Total 1 50 9


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)


purposes

Package 10: Bishrampur railway station, Bilaspur Division

i Chhattisgarh Bishrampur railway station Yes 1 24 4

132/33 kV substation at Bisrampur is at a


Total 1 24 4


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)


purposes

Package 11: Jangipur- Sujnipara Km 218/9- 224/0, Malda Division

i West Bengal Jangipur- Sujnipara Km 218/9- 224/0,

Malda Yes 1 72 14

WBSETCL Raghunathganj 132/33

kV substation at a distance of approx. 10

kms from the site. Total 1 72 14


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)


purposes

17

Package 12: Chamagram Rly station (Km 262/7 - 263/01up to 200 mtrs from Rly track), Malda Division

i West Bengal

Chamagram Rly station (Km 262/7 -

263/01up to 200 mtrs from Rly track),

Malda

Yes 1 19.8 4

WBSETCL Khejuria 132/33 kV substation is at

a distance of approx. 5 kms from the site.

Total 1 20 4


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)


purposes

Package 13: Domohani (By the side of RPF Training Centre), Alipur Duar Division

i West Bengal Domohani (By the

side of RPF Training Centre), Alipur Duar

Yes 1 26 5

WBSEDCL Maynaguri 132/33/11 kV substation at a distance of approx. 6

kms from the site.

Total 1 26 5


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)


purposes

Package 14: Salsalabari (By the side of Roadways), Alipur Duar Division

i West Bengal Salsalabari (By the side of Roadways),

Alipur Duar Yes 1 29 5

WBSETCL Alipurduar 220/33/11 kV substation at a distance of approx. 8

kms from the site.

Total 1 29 5


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)


purposes

Package 15: NJP (Near Track machine depot/NJP), Katihar Division

i West Bengal NJP (Near Track

machine depot/NJP), Katihar

Yes 2 49 9

132/33/11 kV substation at Kamrangaguri a


Total 2 49 9


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)


purposes

Package 16: Eklakhi (EKI) -Balurghat (BLGT) section (Daulatpur), Katihar Division

18

i West Bengal

Eklakhi (EKI) -Balurghat (BLGT)

section (Daulatpur), Katihar

Yes 1 32 6

Buniyadpur WBSEDCL S/S of 33/11 kV is at a

distance of 10 kms from the site

Total 1 32 6


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)


purposes

Package 17: Eklakhi (EKI) -Balurghat (BLGT) section (Mahanagar), Katihar Division

i West Bengal

Eklakhi (EKI) -Balurghat (BLGT)

section (Mahanagar),

Katihar

Yes 2 48 9 Gazole WBSEDCL S/S of 33/11 kV is at a distance of 7.8 kms from the site

Total 2 48 9


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)


purposes

Package 18: Chittaranjan locomotive works (CLW)

i West Bengal Chittaranjan

locomotive works (CLW)

Yes 3 48 10

Central Power-house S/S of 33/11 kV is at a

distance of 3.3 kms from the site

Total 3 48 10


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)


purposes

Package 19: HIRAKUD- Godbhaga Railway section, Sambalpur Division

i Odisha HIRAKUD-

Godbhaga Railway section

Yes 1 35 7

132/33 kV substation at katapali is at a distance

of approx. 5 kms from the site.

Total 1 35 7


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)


purposes

Package 20: Kantabanji, Sambalpur Division

i Odisha Kantabanji Yes 3 151 29

Grid substation of 132/33 kV is at a distance of

approx. 1.5 kms from the Kanjibanji site.

Total 3 151 29

19


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)


purposes

Package 21: Puliyamangalam, Rifle Range near Arakkonam, Chennai Division

i Tamil Nadu Puliyamangalam, Rifle Range near

Arakkonam Yes 1 24 5

TANGEDCO 33/11 kV discom substation at a


Total 1 24 5


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)


purposes

Package 22: Nallampalayam (CBF), Salem Division

i Tamil Nadu Nallampalayam (CBF), Salem Yes 1 31 6

TNEB substation 110 kV substation is at a


Total 1 31 6


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)


purposes

Package 23: Arantangi Erichi Quarry siding (ATQ), Tiruchirappalli Division

i Tamil Nadu

Arantangi Erichi Quarry siding (ATQ),

Thanjavur Pillayarpatti

Yes 1 23 4

TANGEDCO 33 kV substation is at a

distance of approx. 1 km from the site.

Total 1 23 4


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)


purposes

Package 24: Golden Rock Colony, Tiruchirappalli Division

i Tamil Nadu Golden Rock Colony

(TPJ), Div-Tiruchirappalli

Yes 1 9 2

TANGEDCO 33 kV substation is at a


Total 1 9 2

20


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)


purposes

Package 25: Thirupparankundram (TDN), Madurai Division

i Tamil Nadu Thirupparankundram (TDN), Madurai Yes 1 32 6

Tiruparankundram TNEB 33 kV substation is at a distance of approx. 2.5

kms from the site. Total 1 32 6


No. of

Sites

Approx. Area

available (acres)

Tentative Capacity

(MW)


purposes

Package 26: Gadwal, Secunderabad Division

i Telangana Gadwal, Secunderabad Yes 1 24 5

TSSPDCL 132/33 kV substation at Gadwal is at

a distance of approx. 5 kms from the site

Total 1 24 5

21

Annexure-I:A to IFB: Contact List of Nodal Officers of Railways

The Bidders are advised to visit the project site after consultation with respective Nodal officer/ contact person for site verification and familiarize themselves with the project of all the packages. List of Nodal Officers of Railways is given below:

SN Zonal Railway/PU Designation Mob No.

1 CR CEE/EEM 8828110302

2 ER (for W.B.) CEE/EM/ER 9002020307

3 ECR CEGE 9771425302 Dy.CEE/TRD 9771425308

4 ECoR (for Odisha & Andhra) CEE/EEM 8455881300

5 NR CEGE 9717630308 6 NCR CEE/EEM 9794835312

7 NER CEGE 9794840302

8 NWR CEGE 9001195301

9 NFR CEE/EEM 9957550304

Dy.CEE(PS) 9864089126

10 WR CEE/EEM 9004490325

11 WCR CEE/EEM 9413317301

12 SR (for Tamil Nadu) CETE 9003160304

13 SWR (for Telangana & A.P.) CETE 9731665302

14 SCR CEGE 9701370302

Dy.CEE (Planning) 9701370308

15 SER (for W.B.) CEGE 9002080305

16 SECR (for Chhattisgarh) CEE/EEM 9752475310

22

Annexure-II to IFB: DECLARATION BY THE BIDDER

(Affidavit on Non-Judicial Stamp Paper of appropriate value duly attested by Notary/Magistrate) This is to certify that We, M/s………………………………, in submission of this offer confirm that: - i) We have visited the site of work and seen the working conditions, approach road/path, availability of water, electricity, construction labour, construction materials and other relevant requirements connected with the work. ii) We have neither concealed any information/document which may result in our disqualification nor made any misleading or false representation in the forms, statements and attachments in proof of the qualification requirements; iii) During the past three years prior to the deadline for submission of bids, no contract awarded to us has been determined. iv) No Central/State Government Department/Public Sector Undertaking or Enterprise of Central/State Government has banned/suspended business dealings with us as on date. v) We have submitted all the supporting documents and furnished the relevant details as per prescribed format and we agree to submit, without delay additional information/documents which may be demanded by REMCL. vi) Not Used vii) The information and documents submitted with the Tender and those to be submitted subsequently by way of clarifications are correct and we are fully responsible for the correctness of the information and documents submitted by us. viii) We have not failed to service the principal amount or interest or both of a loan account/credit limit from any Bank or Financial Institution during a period of one year prior to the deadline for submission of bids. ix) *The original instruments of EMD and Cost of Tender Document, in physical form shall be deposited by us with REMCL as specified in bid document, failing which REMCL may reject the bid and also take action to debar us from participating in Tenders invited by REMCL for a period of two years.

OR *We are exempted from payment of cost of Tender Document and EMD and the certified copies of original documents in support of such exemption shall be deposited by us with REMCL as specified in bid document and original documents produced on demand, failing which REMCL may reject the bid and also take action to debar us from participating in Tenders invited by REMCL for a period of two years. (* Delete whichever is not applicable) x) We understand that in case any information/document which may result in our disqualification is concealed by us or any statement/information/document furnished by us or to be furnished by us in connection with this offer, or issued by Bank/Agency/Third Party is subsequently found to be false or fraudulent or repudiated by the said Bank/Agency/Third Party, business dealings with us may be banned.

SEAL, SIGNATURE & NAME OF THE BIDDER

Signing this document

23

SECTION – II INSTRUCTION TO

BIDDERS

24

Table of Clauses A. Introduction.................................................................................................................................. 22

1. Definitions ................................................................................................................................ 22 2. Source of Funds ...................................................................................................................... 22 3. Source of Funds ...................................................................................................................... 22

B. The Bidding Documents .............................................................................................................. 22

4. Content of Bidding Documents ................................................................................................ 22 5. Clarifications ............................................................................................................................ 23 6. Amendment to Bidding Documents ......................................................................................... 24

C. Preparation of Bids ...................................................................................................................... 24

7. Language of Bid ...................................................................................................................... 24 8. Documents Comprising the Bid ............................................................................................... 24 9. Bid Forms (Price Bid) and Price Schedules ............................................................................. 31 10. Bid Prices ............................................................................................................................. 31 11. Bid Currencies ...................................................................................................................... 35 12. Bid Security .......................................................................................................................... 35 13. Period of Validity of Bid (Techno-Commercial Bid and Price Bid) ........................................ 36 14. Format and Signing of Bid .................................................................................................... 36

D. Submission of Bids ...................................................................................................................... 37

15. Bid submission ..................................................................................................................... 37 16. Deadline for Submission of Bids .......................................................................................... 39 17. Late Bid ................................................................................................................................ 39 18. Modification and Withdrawal of Bids .................................................................................... 40

E. Bid Opening and Evaluation ........................................................................................................ 40

19. Opening of Bids by Employer ............................................................................................... 40 20. Clarification of Bids .............................................................................................................. 41 21. Preliminary Examination of Techno-Commercial Bids ......................................................... 41 22. Evaluation of Techno-Commercial Bids ............................................................................... 42 23. NOT IN USE ......................................................................................................................... 43 24. NOT IN USE ......................................................................................................................... 43 25. NOT IN USE ......................................................................................................................... 43 26. Preliminary Examination of Price bids .................................................................................. 43 27. Evaluation of Price bids........................................................................................................ 44 28. Contacting the Employer ...................................................................................................... 44

F. Award of Contract ........................................................................................................................ 44

29. -DELETED ........................................................................................................................... 44 30. Award Criteria ...................................................................................................................... 44 31. Employer’s Right to Accept Any Bid and to Reject any or All Bids ....................................... 45 32. Notification of Award ............................................................................................................ 45 33. Signing the Contract Agreement .......................................................................................... 45 34. Signing the Contract Agreement .......................................................................................... 45 35. NOT USED ........................................................................................................................... 46 36. FRAUD AND CORRUPT PRACTICES ................................................................................ 46 37. Ineligibility for Participation in Re-Tender ............................................................................. 47 38. Integrity Pact ........................................................................................................................ 47 39. NOT USED ........................................................................................................................... 47 40. Policy of withholding and Banning of Business Dealing ....................................................... 47 41. Exemption of GST or any other taxes and duties (if applicable) .......................................... 47

25

INSTRUCTIONS TO BIDDERS

Mode & Type of Bidding REMCL invites online bids on Single Stage Two Envelope bidding basis(Envelope-I: Techno-Commercial Bid & Envelope-II: Price Bid) followed by Reverse Auction from eligible bidders for subject Package, as per the Scope of Work mentioned hereinafter. The ’Terms & Conditions of Reverse Auction’ and ‘Business Rules for Reverse Auction’ are placed at Annexure-I and Annexure-II to ITB respectively. Instructions Related to e-Tendering: Bidders are required to go through the Guidelines provided at following e- tendering site: h t t p s : / / w w w . b h a r a t - e l e c t r o n i c t e n d e r . c o m

A. Introduction 1. Definitions 1.1. Not used 1.2. “Domestic Content Requirement (DCR)”, shall mean use of both solar photovoltaic

(SPV) Cells and modules manufactured domestically as per specifications and testing requirements fixed by MNRE. For the Projects to be implemented under this bid document, both the solar cells and modules used in the Solar Power Projects must be made in India. In-case of crystalline Silicon technology, all process steps and quality control measures involved in the manufacture of the Solar Cells and Modules starting from wafers till final assembly of the Solar Cells into Modules shall be performed at the works of PV manufacturers in India.

1.3. The Project should be Make in India Compliant. As regards solar photovoltaic (SPV) Cells and Modules, the DCR requirement as stipulated in the above Definition shall be applicable whereas for other items like Inverter/Converter, cable etc. the MNRE OM no.: F.No.146/57/2018-P&C dtd. 11.12.2018 for Make in India in Renewable Energy sector read in conjunction with Ministry of Commerce and Industry ( Department for Promotion of Industry and Internal Trade) vide their order no.: P-45021/2/2017-PP (BE-II) dated 04.06.2020 or its latest amendments before tender opening as applicable for : Class-I local supplier.

1.4. “ The cells and modules used in the project shall be sourced only from the models and manufacturers included in the 'Approved List of Models and Manufacturers' as published by MNRE and updated as on the date of commissioning of the project".

1.5. This project should be implemented with Domestic Content Requirement (DCR) and should be Make in India compliant. The SPD shall provide certificates from module manufacturer and cell manufacturer regarding meeting of DCR norms as per the proforma provided at Attachment 19 of this document.

2. Source of Funds 2.1. Employer as defined in the Bid Data Sheets (BDS) intends to finance the package

named in the Bid Data Sheet (BDS), through Equity & Debt.

https://www.bharat-electronictender.com/

26

2.2. For the purposes of these bidding documents, the word “facilities” means the plant and equipment to be supplied and installed, together with the services to be carried out by the contractor under the contract. The words “plant and equipment”, “installation services” etc., shall be construed in accordance with the respective definitions given to them in the General Conditions of Contract.

3. Source of Funds 3.1. The Bidder shall bear all costs associated with the preparation and submission of its

bid, and the Employer will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

B. The Bidding Documents 4. Content of Bidding Documents 4.1. The facilities required, bidding procedures, contract terms and technical requirements

are prescribed in the bidding documents. The bidding documents include the following sections: Section I- Invitation for Bids (IFB) Section II- Instructions to Bidders (ITB) Section III- Bid Data Sheet (BDS) Section IV- General Conditions of Contract (GCC) Section V- Special Conditions of Contract (SCC) Section VI- Technical Specifications (TS) Section VII- Forms and Procedures (FP)

4.2. The Bidder is expected to examine all instructions, forms, terms, conditions, specifications and other information in the bidding documents. Failure to furnish all information required as per the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at the Bidder’s risk and may result in rejection of its bid.

5. Clarifications 5.1.1. Bidders requiring any clarification on the Bid Document may notify REMCL in writing

by speed post/ courier/ special messenger and/or by e-mail in accordance with Clause 10 of IFB. They should send in their queries before the date specified in the schedule of Bidding Process contained in Clause 4 of IFB. REMCL shall endeavor to respond to the queries during the pre-bid meeting, prior to the Bid Due Date. The responses shall be uploaded on ISN-ETS Portal (https://www.bharat-electronictender.com ).

5.1.2. REMCL shall endeavor to respond to the questions raised or clarifications sought by the Bidders. However, the REMCL reserves the right not to respond to any question or provide any clarification, in its sole discretion, and nothing in this Clause shall be taken or read as compelling or requiring REMCL to respond to any question or to provide any clarification.

5.1.3. REMCL may also on its own motion, if deemed necessary, issue interpretations and clarifications to all Bidders. All clarifications and interpretations issued by REMCL shall be deemed to be part of the Bid document. Verbal clarifications and information given by REMCL or its employees or representatives shall not in any way or manner be binding on REMCL.


27

5.2. The Bidder is advised to visit and examine the site where the facilities are to be installed and its surroundings and obtain for itself on its own responsibility all information that may be necessary for preparing the bid and entering into a contract for supply and installation of the facilities. The costs of visiting the site & associated survey ( if any) shall be borne by the bidder only.

5.3. The Bidder and any of its personnel or agents will be granted permission by the Employer to enter upon its premises and lands for the purpose of such inspection, but only upon the express condition that the Bidder, its personnel and agents will release and indemnify the Employer and its personnel and agents from and against all liability in respect thereof and will be responsible for death or personal injury, loss of or damage to property and any other loss, damage, costs and expenses incurred as a result of the inspection.

5.4. Pre-Bid Conference The Bidder or his authorized representative is invited to attend pre-bid conference which will take place at the following address of Employer: The pre-bid conference shall be arranged at 11.00 AM onwards on the date specified in IFB at REMCL Gurgaon or through Webinar which shall be informed in due course. The purpose of the conference will be to clarify any issue regarding the Bidding Documents. The Bidder is requested to submit questions in writing to reach the Employer at the address indicated in bid document, prior to the pre- bid conference. Any modifications of the Bidding Documents which may become necessary as a result of the pre-bid conference shall be made by the Employer exclusively through an amendment/ corrigendum or Addenda to the bidding documents. Further, Clarifications may be issued if necessary. Non-attendance at the pre-bid conference will not be a case for disqualification of a bidder. More than one pre- bid meeting may be organized by REMCL if felt necessary.

6. Amendment to Bidding Documents 6.1. At any time prior to the deadline for submission of Bid, REMCL may, for any reason,

whether at its own initiative or in response to clarifications requested by a Bidder, modify the Bid document by the issuance of Addenda.

6.2. Any Addendum or Corrigendum thus issued will be uploaded on ISN-ETS Portal (https://www.bharat-electronictender.com) website only and no separate intimation to Bidders will be sent.

6.3. In order to afford the Bidders a reasonable time for taking an Addendum or Corrigendum into account, or for any other reason, REMCL may, in its sole discretion, extend the Bid Due Date.

C. Preparation of Bids 7. Language of Bid 7.1. The bid prepared by the Bidder and all correspondence and documents related to the

bid exchanged between the Bidder and the Employer shall be written in English language, provided that any printed literature furnished by the Bidder may be written in another language, as long as such literature is accompanied by a translation of its pertinent passages in English language in which case, for purposes of interpretation of the bid, the translation shall govern.

28

The English Translation of the documents shall be carried out by professional translators and the translator shall certify that he is proficient in both languages in order to translate the document and that the translation is complete and accurate. Further translation shall be authenticated by the Indian Consulate located in the Country where the documents have been issued or the Embassy of that Country in India.

8. Documents Comprising the Bid 8.1. Single Stage-Two Envelope Bidding procedure shall be followed through e-tendering

for the subject package as under: Envelope-I: Techno-Commercial Bid Envelope-II: Price Bid The Envelope - I: “Techno-Commercial Bid” shall be evaluated for completeness and in regard to fulfillment of the qualification requirements (if applicable) and eligibility conditions.

8.2. Envelope-I: Techno-Commercial Bid 8.2.1. The bid submitted shall comprise of the following documents:

Bid Form (Techno-Commercial Bid) Section-VII, Part 1 of 3 duly completed and digitally certified by the Bidder, together with all Attachments identified in ITB Sub- Clause 8.2.4 below and shall be uploaded at the ISN-ETS Portal (Technical Part). Bid Security (in line with ITB Clause 12 below), Power of Attorney (in line with ITB Clause 8.2.4(b) below), Integrity Pact (Attachment-16), Details filled up in ISN-ETS Portal. The Attributes, if mentioned in General Data, Electronic Form, requiring any confirmation/information are to ticked/ fill up suitably.

8.2.2. Not Used 8.2.3. Techno-Commercial Bid should not contain any price content entry. In case, the

Techno-Commercial Bid is found to contain any price content, such bid shall be liable for rejection.

8.2.4. The Techno-Commercial Bid submitted by the Bidder shall comprise of the following documents: (Cost of Bid document of Rs. 29500/- (inclusive of GST@ 18 %) to be submitted either through NEFT/RTGS transfer in the account of REMCL or in the form of DD/Pay Order, along with the response to Bid document in favour of “REMC Limited ”, payable at Gurgaon. This is to be submitted to REMCL along with offline documents specified in bid document). Bid Form (Techno-Commercial Bid) Section-VII, (Part 1 of 3) duly completed and signed by the Bidder together with following Attachments shall be uploaded on https://www.bharat-electronictender.com

a) Attachment 1: Bid Security (To be submitted offline) Bid security shall be furnished in accordance with ITB Clause 12 in a sealed envelope separately, super scribed on the top as under and be addressed to the Employer at the address mentioned in BDS: "Original Bid Security for [Name of the Package], Specification No. ……………… Due on.......... (Date of Bid Opening)................. From........................... (Name of the Bidder)." The bidders are requested to send the Bid Security well in advance so as to


29

be received by the Employer before the scheduled date of closing of submission of bids as described in the time schedule in IFB, failing which bid is liable for rejection. REMCL shall not be liable for loss/non-receipt/late receipt of Bid Security in postal transit. Any Bid without an acceptable Bid Security shall be treated as non- responsive by the Employer and shall not be opened pursuant to ITB Sub- Clause 12.4.

a) Attachment 1A Total Capacity of the Project Quoted by Bidder Bidder shall indicate the total project capacity quoted by them.

b) Attachment 2: Power of Attorney (To be submitted offline) A power of attorney, duly notarized by a Notary Public, indicating that the person signing and submitting the bid digitally/ submitting the documents which are required to be submitted in physical form has the authority to sign the bid and the bid is binding upon the Bidder during the full period of its validity in accordance with ITB Clause 13 ( The Authority of the person issuing Power of Attorney shall also be submitted). It may be noted that notarized Power of Attorney is to be submitted offline in physical form along with Bid Security and scanned copy to be attached on ISN-ETS Portal .

c) Attachment 3: Not Used d) Attachment 4: Eligibility and Conformity of the Facilities

Documentary evidence establishing that the facilities offered by the Bidder in its bid or in any alternative bid (if permitted) are eligible and conform to the bidding documents. The documentary evidence of the eligibility of the facilities shall consist of a statement on the country of origin of the plant and equipment offered, which shall be confirmed by a certificate of origin issued at the time of shipment. The documentary evidence of the conformity of the facilities to the bidding documents may be in the form of literature, drawing and data, and shall include:

- a detailed description of the essential technical and performance characteristics of the facilities;

- a list giving full particulars, including available sources, of all spare parts, special tools, etc. necessary for the proper and continuing functioning of the facilities following completion of facilities in accordance with provisions of contract; and

- a commentary on the Employer’s Technical Specifications and adequate evidence demonstrating the substantial responsiveness of the facilities to those specifications. Bidders shall note that standards for workmanship, materials and equipment designated by the Employer in the bidding documents are intended to be descriptive (establishing standards of quality and performance) only and not restrictive. The Bidder may substitute alternative standards, brand names and/or catalog numbers in its bid, provided that it demonstrates to the Employer’s satisfaction that the substitutions are substantially equivalent or superior to the standards designated in the Technical

30

Specifications. e) Attachment 4A: Special Tools and Tackles- Not Applicable f) Attachment 5: Subcontractors Proposed by the Bidder

The Bidder shall include in its bid details of all major items of supply or services that it proposes to purchase or sublet and shall give details of the name and nationality of the proposed Subcontractor, including vendor, for each of those items. Bidders are free to list more than one Subcontractor/Vendor against each item of the facilities. Quoted rates and prices will be deemed to apply to whichever Subcontractor/Vendor is appointed, and no adjustment of the rates and prices will be permitted. The Bidder shall be responsible for ensuring that any plant, equipment or services to be provided by the Sub-Contractor/Vendor comply with the requirements of ITB sub-clause 8.2.4(c). The Employer reserves the right to delete any proposed Subcontractor/ Vendor from the list prior to award of contract. After discussion between the Employer and the Contractor, Appendix-5 to Contract Agreement shall be completed, listing the approved Subcontractor(s)/Vendor(s) for each item.

g) Attachment 6: Not Applicable h) Attachment 7: Alternative Bids (Not Applicable) i) Attachment 8: Erection Tools and Plant and Safety Equipments & Safety

Personal Protective Equipments List of Erection Tools and Plant and Safety Equipments & Safety Personal Protective Equipments which the bidder proposes to bring to site in case the contract is awarded to him

j) Attachment 9: Technical Data Sheets Technical Data Sheets duly filled in as per the Employer’s format, enclosed with the bidding documents.

k) Attachment 10: Bought Out Items Details of Bought out Items to be directly dispatched by sub-vendor to site without any Price Component.

l) Attachment 11: Quality Assurance Programme Details regarding the overall quality management & procedures which the bidder proposes to follow during various phases of execution of the contract.

m) Attachment 12: Additional Information Additional Information which the bidder wishes to provide in his bid, without any price Component.

n) Attachment 13: Milestone Schedule Details regarding the timing & sequence of all key activities/important milestones necessary for successful completion of the contract, as per Employer’s format enclosed.

o) Attachment 14: Electronic Fund Transfer Authorization Form Authorization Form for release of payments through Electronic Fund Transfer System duly filled in by the bidder.

p) Attachment 15: Fraud Prevention Policy

31

Form of acceptance of Fraud Prevention Policy q) Attachment 16: Integrity Pact (to be submitted offline)

The “Integrity Pact" shall be furnished duly signed by the signatory authorized to sign the bid, in a separate sealed envelope, super scribed on the top as under and be addressed to the Employer at the address mentioned in BDS (Section-III of Bid Document): "Attachment 16: Integrity Pact” for [Name of the Package], Specification No. ……………… Due on.......... (Date of Techno Commercial

Bid Opening).................. From (Name of the Bidder)"

r) Attachment 17: Declaration on Policy for withholding and Banning of Business Dealings Declaration on Policy for withholding and Banning of Business Dealings duly filled in as per Employer’s format.

s) Attachment 18: Information regarding Safety Management Bidder shall furnish the Safety Plan, duly filled in as per EMPLOYER's Format. Based on the Safety Plan proposed by the Bidder, various issues including schedule of approval of above "Safety Plan" etc. shall be discussed and finalized in the form of “Safety Co-ordination Procedure” during post bid discussions of Techno-Commercial Bids. This "Safety Co-ordination Procedure" shall form part of the Contract Agreement. The above-proposed “Safety Plan” shall be further discussed/ finalized at Site, in line with the agreements made in “Safety Co-ordination Procedure” and shall be approved by Project Manager/ Head of Project before start of work at Site.

t) Attachment 19: Declaration for fulfillment of Domestic Content Requirement Clause Declaration for fulfilment of DCR clause duly filled in as per Employer’s Format.

u) Attachment 20: Declaration as per Annexure-II to IFB. Note: Techno-Commercial Bid should not contain any price content entry. If any of the Bidders indicates the price in Techno-Commercial Bid, such bid shall be liable for rejection.

8.3. Envelope-II: Price Bid The Price Bid submitted by the Bidder shall comprise of the following:

8.3.1. The Bidder shall fill up the prices online at Bill of Quantity (BOQ) Form-Financial at ISN-ETS Portal . The Bid Form (Price Bid) as per Section-VII, Part 2 of 3, duly completed together with Price Schedules and the following Attachments shall be uploaded at ISN-ETS Portal (Financial Part):

a) Attachment 1(P): Not Applicable b) Attachment 2(P): Not Applicable c) Attachment 3(P): Declaration Regarding Import Content- Not Applicable d) Attachment 3P(A): Custom Duty benefits for import of Construction Equipment

--Not applicable e) Attachment 4(P): Bought Out Items - Deleted

32

f) Attachment 5(P): Functional Guarantees The declaration on the Guaranteed parameters as per Employer's format enclosed.

g) Attachment 6(P): Price Adjustment Data Documents to be submitted for (Price Bid) — Not Applicable

h) Attachment 7P: The declaration on the 1st Year guaranteed Generation in MU. The declared 1st Year Generation shall be fixed during entire bidding process including Reverse Auction (RA) for the respective bidder as quoted in the price bid In case a bidder does not provide the above details and / or provide the incomplete details as sought in Attachment-7P, its bid will be rejected.

i) Attachment 7P1: Declaration of Month wise Generation from one MW and Automatic East-West Tracking based Solar PV Project. The month wise generation from both mode of generation shall remain fixed till completion of PG test (Bidders may note that Bid Form (Price Bid) together with its attachment and price schedule should not be uploaded in Technical Part of ISN-ETS Portal )

8.3.2. Price Bid should not contain any matter in respect of Technical and/ or Commercial aspects other than the details specifically sought by the Employer in the Price Bid. If the Technical/ commercial matters indicated in Price Bid are found to be in contradiction with the details furnished in Techno-Commercial Bid, the details furnished in Techno-Commercial Bid shall prevail.

8.3.3. The price bid submitted by the bidder should be without any deviations and strictly in conformity with the provisions of all bidding documents and amendment/addenda/corrigenda/ errata/clarification to the bidding documents issued by Employer.

9. Bid Forms (Price Bid) and Price Schedules (Documents to be uploaded online) 9.1. The Bidder shall complete the Bid Form (Price Bid) & Attachment and Price Schedules

(BOQ as per excel sheet) furnished in the bidding documents as indicated therein, following the requirements of ITB Clauses 10 and 11 and attach them along with all annexure in respective section on ISN-ETS Portal.

10. Bid Prices 10.1. Unless otherwise specified in the Technical Specifications, Bidders shall quote for the

entire facilities on a “single responsibility” basis such that the total bid price per MU (including Taxes & Duties) covers all the Contractor’s obligations mentioned in or to be reasonably inferred from the bidding documents in respect of the design, manufacture, including procurement and subcontracting (if any), delivery, construction [including, Structural Steel Works Civil & Allied Works etc.], installation, commissioning, completion of the facilities and conductance of Guarantee tests for the facilities including supply of mandatory spares (if any), operation and maintenance. This includes all requirements under the Contractor’s responsibilities for testing, pre-commissioning and commissioning of the facilities, conducting Guarantee tests and, where so required by the bidding documents, the acquisition of all permits, approvals and licenses, etc.; the operation, maintenance and training services and such other

33

items and services as may be specified in the bidding documents, all in accordance with the requirements of the General Conditions of Contract/Special Conditions of Contract and Technical Specifications.

10.2. Bidders are required to quote the total price per MU (including Taxes & Duties) for the commercial, contractual and technical obligations outlined in the bidding documents. Bidders to apprise themselves with “Terms and Conditions of Reverse Auction “and “Business Rules for Reverse Auction” enclosed at Annexure-I and II respectively with ITB before quoting their prices per MU basis.

10.3. Bidders are required to fill up their Bid Price per Million Unit in the BOQ Form on the ISN-ETS Portal and Generation in Million Unit is to be quoted in Attachment- 7P and uploaded in the ISN-ETS Portal (Financial Part). Bids not containing Attachment-7P will be rejected. Separate numbered Schedules shall be used for each of the following elements and all the price schedules shall be furnished by successful bidder within two (2) hours of Auction end time without fail, if required as per the “Terms and Conditions of Reverse Auction“ and “Business Rules for Reverse Auction” enclosed at Annexure-I and II. The total amount of each of the Schedule 1, 2, 3 & 6 shall be equal to the final price per MU (including taxes and duties) multiplied by their Generation in MU as quoted by the bidders. Schedule No. 1: Ex-works supply of Plant and Equipment including Type Test Charges and Mandatory Spares. Schedule No. 2: Local Transportation, Inland Transit Insurance and other local costs incidental to delivery of Plant & Equipment and Mandatory Spares. Schedule No. 3: Installation Services including Civil works and O&M. Schedule No. 3A: Not applicable. Schedule No. 4: Not applicable. Schedule No. 6: Goods and Services Tax (GST), applicable on Schedules - 1, 2 & 3, not included in bid price. Bidders to submit the final schedule after the revision of the capacity (if any) due to the detailed survey by the SPD within 3 months from the effective date. Bidders shall note that the plant and equipment included in Schedule No. 1 above exclude all materials used for civil, building and other construction works. All such materials shall be included and priced under Schedule No.3 (Installation Services).

10.4. “Goods and Services Tax” or “GST” means taxes or cess levied under the Central Goods and Services Tax Act, Integrated Goods and Services Tax Act, Goods and Services Tax (Compensation to States) Act and various State/Union Territory Goods and Services Tax Laws and applicable cesses, if any under the laws in force (hereinafter referred to as relevant GST Laws) w.e.f. 01.07.2017, which shall be fully complied with by Bidders. In the Schedules, Bidders shall give the required details and a breakdown of their prices as follows:

a) Plant and Equipment (including Type Test Charges) and Mandatory Spares to

34

be supplied from within the Employer’s country (Schedule No. 1) shall be quoted on EXW (Ex-Factory, Ex-Works, Ex-Warehouse or Off-the-Shelf, as applicable) basis and shall be inclusive of all costs as well as taxes, duties and levies paid or payable on components and raw materials incorporated or to be incorporated in the facilities.

b) Local Transportation, Inland Transit Insurance, and other local costs incidental to delivery of the Plant and Equipment including Mandatory Spares shall be quoted in Schedule-2.

c) Installation Services including Erection and Civil & Allied Works (as applicable) shall be quoted separately (Schedule No. 3) and shall include rates or prices for all labour, contractor’s equipment, temporary works, materials, consumables and all matters and things of whatsoever nature, charges for insurance covers other than inland transit Insurance including operations and maintenance services for ten years, the provision of operations and maintenance manuals, training of employer’s personnel, etc., and other services, as identified in the Bidding Documents, as necessary for the proper execution of the Installation Services.

i. Bidders shall quote their O&M charges as minimum 5 % for Ten (10) years of their Total quoted price excluding O&M Charges.

ii. Bidders are advised to price their bids in such a manner that Installation Price Component of the bid price (excluding Civil/Structural works price) should not be less than 15% and should not be more than 20% of the Ex-works Price of Main Equipment. In case the Installation Price is below the minimum percentage specified above, the amount by which it is lower shall be retained proportionately from the Ex-Works component of Contract price while releasing payments due on receipt of equipment, and no interest shall be payable on the retained amount. The aforesaid retained amount shall be paid on pro-rata basis upon completion of installation of the respective equipment and its certification by the Project Manager. In case the Installation Price is above the maximum percentage specified above, the amount by which it is higher shall be retained while releasing progressive payments due on installation of equipment, and no interest shall be payable on the retained amount. The aforesaid retained amount shall be paid along with payment due on completion of Trial Operation / Completion of Facilities.

iii. Bidders are advised to price their bids in such a manner that the Civil Works Price Component of the bid price (including Site Fabricated Structural works price) should not be less than 10% and should not be more than 20% of the total of Ex-works Price of Main Equipment. In case the Civil Works Price (including Site Fabricated Structural works price) is below the minimum percentage specified above, the amount by which it is lower shall be retained proportionately from Ex-Works component of Contract price while releasing payments due on dispatch of equipment, and no interest shall be payable on the retained

35

amount. The aforesaid retained amount shall be paid on pro- rata basis upon completion of Civil Works including Structural works (if any) corresponding to the respective equipment and its certification by the Project Manager. In case the Civil Works Price (including Site Fabricated Structural Works Price) is above the maximum percentage specified above, the amount by which it is higher shall be retained while releasing progressive payments due on completion of civil works (including Site Fabricated Structural works), and no interest shall be payable on the retained amount. The aforesaid retained amount shall be paid along with payment due on completion of Trial Operation / Completion of Facilities.

d) Recommended Spare parts shall be quoted separately in Schedule 5 on EXW basis in accordance with subparagraph (a) above. Local Transportation Charges including Inland Transit Insurance etc., for recommended spares shall also be quoted in Schedule-5 and shall not be included in Schedule No. 2 by the bidder.

e) The prices quoted in Schedule Nos. 1, 2 & 3 shall be inclusive of all Taxes, Duties, Levies & charges, except Goods and Services Tax (GST), payable in the Employer’s country as of seven (7) days prior to the deadline for submission of price bids. Further, all Taxes, Duties, Levies & Charges on the Materials incorporated in Erection and Civil & Allied Works (as applicable) shall also be included in the prices quoted in Schedule No. 3 & no Separate payment on this account, whatsoever, shall be made by Employer.

f) Goods and Services Tax (GST) applicable on goods and services specified in Schedule Nos. 1, 2 & 3 shall not be included in respective schedules, but shall be quoted separately in Schedule No. 6. The Goods & Services Tax (GST) quoted by the bidder in Schedule No. 6 shall be as applicable in the Employer’s country as on seven (7) days prior to the deadline for Bid submission. Due Input Tax credits under GST as per the relevant Govt. Policy, wherever applicable, shall be taken into account by the Bidder while quoting his price.

10.5. The terms EXW etc., shall be governed by the rules prescribed in the current edition of Incoterms, published by the International Chamber of Commerce, 38, Cours Albert 1er, 75008, Paris, France.

10.6. Concessional Custom Duty for Solar Photo Voltaic Power Generation Projects 10.6.1. Not Used. 10.6.2. In addition, the Bidder may also like to ascertain availability of Custom Duty benefits

available for import of construction equipment, if any, as per the extant Customs Acts & Notifications of Govt. of India. Where the bidder has quoted taking into account the Custom Duty benefits available for import of Construction Equipment, he must give all information required for issue of relevant Certificate by Employer along with its bid.

10.6.3. However, the bidders shall themselves be solely responsible for availing such benefits, which they have considered in their bid. In case of failure of the bidder to receive the benefits partly or fully from the Govt. of India and/or in case of delay in receipt of such

36

benefits and/or withdrawal of such benefits by the Govt. of India, the Employer shall neither be responsible nor liable in this regard in any manner whatsoever.

10.7. Price Basis: Prices quoted by the Bidder shall remain firm and fixed for the entire period of execution of the Contract.

11. Bid Currencies Bidders shall indicate the entire Bid Price in Indian Rupees only.

12. Bid Security 12.1. The bidder shall furnish, as part of its Bid, a Bid Security in a separate sealed envelope

in the amount and currency as stipulated in the Bid Data Sheet. 12.2. The Bidder shall furnish the Bid Security in a separate sealed envelope, superscribed

on the top as under: "ORIGINAL BIDSECURITY for............................(NAMEOF PACKAGE) .......................... BID DOCUMENT NO. ..................... DUE DATE OF TECHNO-COMMERCIAL BID OPENING.................................... FROM ........................ (NAME OF THE BIDDER)".

12.3. The Bid Security shall, at the Bidder’s option, be in the form of a crossed Demand Draft/ Pay Order/ Banker’s cheque or a Bank Guarantee or a Declaration of Bid Security from any of the Banks specified in the Bid Data Sheets. The format of the Bank Guarantee or Bid Security as per form 2 shall be in accordance with the form of Bid Security included in the Bidding Documents. Bid security shall remain valid for a period of forty-five (45) days beyond the original Bid Validity period and beyond any extension of Bid Validity subsequently requested under ITB Sub-clause 13.2. Wherever Bids under Joint Venture route are permitted as per the Qualifying Requirements in the Bidding Documents, the Bid Security by the Joint Venture must be on behalf of all the partners of the Joint Venture.

12.4. The Bid Security in original shall be submitted in a separate sealed envelope before the stipulated bid submission closing date and time. In case acceptable Bid Security in a separate sealed envelope is not received then online Bid shall be rejected by EMPLOYER as being non-responsive and shall not be opened.

12.5. The Bid Security of the Bidders whose Techno-Commercial Bid has not been found acceptable will be returned along with the letter communicating rejection of Techno- Commercial Bid. Further, the Bid Security of the Bidders who are not short-listed for Reverse Auction shall be returned within thirty (30) days of the completion of Reverse Auction process. The Bid Security of the Bidders who are unsuccessful after opening of Price Bids shall be returned immediately after recommendation of award / negotiation /annulment.

12.6. The bid security of the successful bidder to whom the contract is awarded will be returned when said bidder has signed the Contract Agreement pursuant to ITB Clause 33 and has furnished the required Performance Securities pursuant to ITB Clause 34.

12.7. Forfeiture of Bid Security

The bid security shall be forfeited in any of the following circumstances by the Employer/Owner without any notice or proof of damage to the Owner, etc.:

37

a) If the Bidder withdraws or varies its bid during the period of bid validity. b) If the Bidder does not accept the arithmetical correction of its Bid Price

pursuant to ITB Sub-Clause 26.1; c) If the bidder refuses to withdraw, without any cost to employer, any deviation,

variation, additional condition or any other mention anywhere in the bid, contrary to the provisions of the bidding documents, read in conjunction with its amendments / errata / clarification / addenda.

d) in case of a successful Bidder, if the Bidder fails within the specified time limit; i. to sign the Contract Agreement, in accordance with ITB Clause 33,

and/or ii. to furnish the required Performance Securities, in accordance with ITB

Clause 34. e) If the Bidder/ his representatives commit any fraud while competing for this

contract pursuant to ‘Fraud Prevention Policy’ of Employer. f) In case the Bidder/Contractor is disqualified from the bidding process in terms

of Integrity Pact. g) In case, the Bidder does not agree with the provisions of Attachment 7P

i.e. “Declaration on the Annual Generation in MU & Details of Solar Project” of Form 2 of 3 of Bidding Documents, the Bid security of the bidder shall be forfeited.

12.8. Not used

13. Period of Validity of Bid (Techno-Commercial Bid and Price Bid)

13.1. Bids shall remain valid for Two hundred & Seventy (270) days from the closing date prescribed by Employer for the receipt of bids pursuant to Clause 16. The bid valid for shorter period shall be rejected by the Employer as being non-responsive.

13.1.1. The bidder is required to keep the prices of recommended spares covered under Price Schedule No. 5 valid for a period of 6 months after Notification of Award for main equipment and mandatory spares.

13.2. In exceptional circumstances, the Employer may solicit the Bidder’s consent to an extension of the bid validity period. The request and responses thereto shall be made in writing by post or by telefax followed by post confirmation. If a Bidder accepts to extend the period of bid validity, the validity of bid security shall also be suitably extended. A Bidder may refuse the request without forfeiting its bid security. A Bidder granting the request will not be required nor permitted to modify its bid.

14. Format and Signing of Bid 14.1. The bid including all documents submitted online shall be digitally certified using

Class-III signature by a duly authorised representative of the Bidder to bind him to the contract. The authorization shall be indicated by written power of attorney as per ITB Clause 8.2.4 (b) and shall be submitted in physical form prior to date & time for opening of Techno-Commercial Bid.

38

D. Submission of Bids 15. Bid submission 15.1. Bid (Envelope-I: Techno Commercial Bid and Envelope-II Price Bid)

Submission: 15.1.1. The bidder will submit his bid online in Technical Part and Financial Part at ETS e-

tender website in the following manner after carefully examining the document/conditions etc.:

i. Bid shall be submitted online at ETS Portal in the manner specified elsewhere in Bidding Document. Bidders to ensure that all uploaded documents on ETS Website must be digitally certified. Bidder to further ensure that documents up loaded is being downloaded properly. Employer shall not be responsible for corrupted files, if any, uploaded online on ETS Website. Further file related to particular Attachment/Schedule including their annexure/ appendices, if any, shall be given name of that Attachment/Schedule only. No Manual / Hard Copy of the Bid shall be acceptable. No deviation, whatsoever, is permitted by Employer, to any provisions of the Bidding Documents. The bidders are advised that while making their Bid proposals and quoting prices, all conditions may appropriately be taken into consideration. Bidders shall ensure their full compliance to all the provisions of Bidding Documents and its subsequent Amendment(s) / Clarification(s) / Addenda / Errata, if any, issued by the Employer.

ii. Bidder shall ensure the following: a) Confirm that we comply with all terms, conditions and specifications of the

Bidding Documents read in conjunction with Amendments(s)/ Clarification(s) /Addend/Errata (if any) issued by the Employer prior to opening of Techno- Commercial Bids and the same has been taken into consideration while making our Techno-Commercial Bid & Price Bid and we declare that we have not taken any deviation in this regard.

b) Any deviation, variation or additional condition etc. or any mention, contrary to Bidding Documents and its Amendments(s)/Clarification(s) /Addend/Errata (if any) found anywhere in our Techno-Commercial Bid and/ or Price Bid, implicit or explicit shall stand unconditionally with drawn, without any cost implication whatsoever to Employer, failing which the bid security shall be forfeited.

c) If a bidder select the option “NO” against above attribute in Electronic Form on ETS portal, its bid will be rejected.

iii. Bidders are required to ensure their compliance on "Qualifying Requirements" of Employer. Bidders shall ensure the following: a) Not Used b) Not Used

39

c) The reference plants/works/installations declared more than the number of works as mentioned in Bid data sheet, shall not be considered for evaluation/establishing compliance to Qualifying Requirement (QR).

d) No change or substitution in respect of reference plants/ works/ installation (as declared by bidder) by new/additional plants/ works/ installations for meeting the specified Qualifying Requirement (QR) shall be offered by bidders.

iv. Bidders are required to ensure their compliance to the “Fraud Prevention Policy” of Employer.

v. Bids can be submitted by following procedure specified on ISN-ETS Portal (https://www.bharat-electronictender.com) portal and attaching relevant Digital Certificates

15.1.2. Submission of Bid Security, Integrity Pact and Pass Phrases and Power of Attorney in Physical Form.

a) The bidders are required to submit following original documents in hard copy failing which bid shall not be opened. - Bid Security (Refer clause no. 8.2.4 (a) of ITB) - Integrity Pact (Refer clause no. 8.2.4 (q) & 38 of ITB)

b) Deleted c) The bidders are also requested to submit Power of Attorney, duly notarized in

hard copy as per provisions of bidding documents in a separate sealed envelope (Refer clause no. 8.2.4 (b) of ITB).

d) The bidders are also required to submit the two separately sealed envelopes containing Pass Phrase for Technical Part and Pass phrase for Financial Part.

The envelopes containing Bid Security, Integrity pact and Power of Attorney shall be sealed in an outer envelope super scribed on the top as under and be addressed to the Employer at the address mentioned in BDS. The above documents shall be submitted well in advance so as to be received by the Employer before the submission closing date and time of bids as described in the time schedule in IFB. “Original Bid Security”, “Integrity Pact”, “Pass Phrases” and “Power of Attorney” for …………….. [Name of the Package], Specification No. ……………… Due on....... (Date of Bid Opening).................... From ......................... (Name of the Bidder)” REMCL shall not be liable for loss/non-receipt/late receipt of above documents in postal transit. If Outer envelope is not sealed and marked as required above, the Employer will assume no responsibility for its misplacement.

15.2. Price Bid Submission:

15.2.1. Bidders will submit his Price bid online in Electronic Form of Financial Part on ETS web site in the following manner after carefully examining the document/conditions etc.: Bidders are required to fill up their Bid Price per Million Unit (including taxes and duties) in the Electronic Form of Financial Part on the ETS Portal and Annual

40

Generation in Million Unit is to be quoted in Attachment-7P and uploaded in the ETS Portal (Financial Part). Bidders will attach on ETS web site the completed Bid Form (Price Bid), Attachments and all Price Schedules along with all annexure in Financial Part. Bidders to ensure that all uploaded documents on ETS web site must be digitally certified. Bidder to further ensure that documents up loaded on ETS web site is being downloaded properly. Employer shall not be responsible for corrupted files, if any, uploaded on ETS web site. Further file related to particular Attachment/Schedule including their annexure/appendices, if any, shall be given name of that Attachment/Schedule only.

a) The Price Bid is strictly in conformity with the provisions of the Bidding Documents; Amendments/Clarifications thereof issued and does not contain any matter or deviation to any of the provisions of the Bidding Documents including all Amendments/Clarifications.

b) After opening of Price Bid, if any deviation to any of the provisions of the Bidding Documents (including all amendments/Clarifications) is observed in the Price Bid, the same shall be ignored by Employer and considered as withdrawn by us without any cost implication to Employer.

c) Bids can be submitted by clicking on the “Submit” Tab and attaching relevant Digital Certificates.

The ’Terms & Conditions of Reverse Auction’ and ‘Business Rules for reverse auction’ are placed at Annexure-I and Annexure-II to ITB respectively.

16. Deadline for Submission of Bids 16.1. Bids must be submitted online at ISN-ETS Portal no later than the time and date

stated in the Bid Data Sheet. The Physical documents viz a viz Original Bid Security, Cost of Bid Document, Integrity pact, Power of Attorney shall be submitted in physical form before stipulated bid submission time at the address specified in BDS. Employer shall not be liable for loss/non-receipt/late receipt of above documents in postal transit. In the event of the specified date for submission of bids being declared a holiday for the Employer, the bids will be received up to the appointed time on the next working day.

16.2. The Employer may, at its discretion, extend this deadline for submission of bids by amending the bidding documents in accordance with ITB Sub-Clause 6.0, in which case all rights and obligations of Employer and Bidders will thereafter be subject to the deadline as extended.

17. Late Bid Any Bid Security, Integrity Pact received by the Employer after the bid submission deadline prescribed by the Employer, pursuant to ITB Clause 16, will be rejected and returned unopened to the Bidder and online bid of such bidder, if submitted, shall also be rejected.

18. Modification and Withdrawal of Bids 18.1. The Bidder may modify or withdraw its bid upto the bid submission deadline as per the

process of ISN-ETS Portal. 18.2. If a Bidder has submitted the required physical documents and wishing to withdraw its

bid shall notify EMPLOYER in writing prior to the deadline prescribed for bid submission. A withdrawal notice may also be sent by post and followed by post

41

confirmation postmarked not later than the deadline for submission of bids. 18.3. The notice of withdrawal shall:

a) be addressed to EMPLOYER at the address named in Bid Data Sheet, and b) bear the Package name, the Bid Document number, and the words “Bid

Withdrawal Notice.” Bid withdrawal notices received after the bid submission deadline will be ignored, and the submitted bid will be deemed to be a validly submitted bid.

18.4. No bid may be withdrawn in the interval between the bid submission deadline and the expiration of the bid validity period specified in ITB Clause titled ‘Period of Validity of Bids’. Withdrawal of a bid during this interval may result in the Bidder’s forfeiture of its bid security, pursuant to ITB Sub-Clause titled ‘Forfeiture of Bid Security’.

E. Bid Opening and Evaluation 19. Opening of Bids by Employer 19.1. Techno-Commercial Bid Opening 19.1.1. The Employer will open the Techno-Commercial bids at the time, on the date and at

the place specified in the Bid Data Sheet. In the event of the specified date for the opening of bids being declared a holiday for the Employer, the bids will be opened at the appointed time on the next working day. Bidder’s attendance during the Techno-commercial Bid opening in REMCL Premises is not envisaged. The Employer shall first open the Bid Security, Power of Attorney and Integrity Pact(submitted offline) of all the bidders. Based on the Bid Security and Integrity Pact received, bids of only those bidders will be opened whose Bid Security and Integrity Pact are acceptable as per conditions of the bid document.

19.1.2. Bids not accompanied by requisite bid security in a separate sealed envelope pursuant to ITB Clause12, and/or Bids not accompanied by Integrity Pact (IP) as per requirements of ITB Clause 38 in a separate sealed envelope will be rejected and shall not be opened.

19.1.3. Techno-Commercial Bids (and modifications sent pursuant to ITB Sub-Clause 18.2) that are not opened during bid opening will not be considered for further evaluation, regardless of the circumstances.

19.1.4. Techno-Commercial Bids which are generally responsive to the operating and performance requirements as laid out in Technical Specifications, Section-VI of bidding documents will then be considered for evaluation.

19.1.5. The Price Bid will remain unopened and shall be opened separately by EMPLOYER after completion of evaluation of Techno-Commercial Bids.

19.2. Price Bid Opening 19.2.1. After evaluation process of Techno-Commercial bids is completed, Price bids shall be

opened. Bidder’s attendance during the Price Bid opening in REMCL Premises is not envisaged.

19.2.2. For opening of price bid and reverse auction please refer The ’Terms & Conditions of Reverse Auction’ and ‘Business Rules for reverse auction’ are placed at Annexure-I and Annexure-II to ITB respectively.

20. Clarification of Bids

42

20.1. Price Bid Opening During the bid evaluation, the Employer may, at its discretion, ask the Bidder for a clarification of its bid including documentary evidence pertaining to only the reference plants declared in the bid for the purpose of meeting Qualifying Requirement specified in Bid Data Sheet. The request for clarification and the response shall be in writing and no change in the price or substance of the bid including substitution of reference plants in the bid by new/additional plant for conforming to Qualifying Requirement shall be sought, offered or permitted.

21. Preliminary Examination of Techno-Commercial Bids 21.1. The Employer will examine the Bids to determine whether the same are complete,

whether required documents have been furnished, whether the documents have been properly signed and whether the Bids are generally in order.

21.2. During evaluation and comparison of bids, the Employer may, at his discretion ask the bidder for clarification on its bid. The request for clarification shall be in writing and no change in prices or substance of the bid shall be sought, offered or permitted. No post bid clarification at the initiative of the bidder shall be entertained as all such clarifications would have been obtained prior to the submission of the bid.

21.3. The Employer may waive any minor informality, nonconformity, or irregularity in a bid that does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any Bidder.

21.4. Prior to the detailed evaluation, the Employer will determine whether each Techno- commercial bid is of acceptable quality, is complete, and is substantially responsive to the Bidding Documents. For purposes of this determination, a substantially responsive bid is one that (a) materially conforms to all the terms, conditions and specifications of the bidding documents without material deviations, objections, conditionality’s or reservations. A material deviation, exception, objection, conditionality, or reservation is one: (i) that affects in any substantial way the scope, quality, or performance of the contract; (ii) that limits, in any substantial way that is inconsistent with the Bidding Documents, the Employer’s rights or the Successful bidder’s obligations under the Contract; or (iii) whose rectification would unfairly affect the competitive position of other Bidders who have submitted substantially responsive bids.

21.5. No deviation, whatsoever, is permitted by EMPLOYER to any provisions of Bidding Documents. The Bidders are advised that while making their Bid proposals and quoting prices, all conditions may appropriately be taken into consideration. The Employer’s determination of a bid's responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence. If a bid is not substantially responsive, it will be rejected by the Employer, and may not subsequently be made responsive by the Bidder by correction of the nonconformity.

21.6. Qualification 21.6.1. Compliance on "Qualifying Requirements

Bidders shall ensure their compliance on "Qualifying Requirements" of Employer. Bidder shall ensure the following conditions:

a) The number of reference Plants/Orders quoted by Bidder in Attachment- 3A of the bid, for establishing compliance to the specified Qualifying Requirement (QR), are in accordance with the provision specified in Bid Data Sheet.

b) The reference Plants/Orders/declared, shall only be considered for evaluation

43

/ establishing compliance to Qualifying Requirement (QR). Any reference Orders declared more than as specified in Bid Data Sheet shall not be considered for evaluation/establishing compliance to Qualifying requirements.

c) No change or substitution in respect of reference Plants/Orders for meeting the specified Qualifying Requirement (QR) shall be offered by the bidder.

21.6.2. EMPLOYER, by the examination of Techno-Commercial Bid, will determine to its satisfaction whether the participating bidders are qualified to satisfactorily perform the contract in terms of the qualifying requirements stipulated in the para 6.1.2 of IFB. The determination will take into account the bidder’s financial and technical capabilities. It will be based upon an examination of documentary evidence of bidder’s qualification submitted by the bidder in relevant attachment to the Bid Form of Techno-Commercial Bid as well as such other information as EMPLOYER deems necessary and appropriate. Notwithstanding anything stated anywhere else in the bidding documents, EMPLOYER reserves the right to seek in writing information relating to qualifying requirements in addition to details contained in the bid. The bidder shall furnish required information promptly to EMPLOYER. EMPLOYERS will shortlist the Bidders meeting the stipulated Qualifying Requirements.

21.6.3. An affirmative determination of meeting the qualifying requirements will be a prerequisite for further evaluation of Techno-Commercial bid and holding clarification meeting, if any, with the Bidder. A negative determination will result in rejection of the Bidder’s Techno-Commercial Bid in which event EMPLOYER will not open the Price Bid of the concerned bidder and his bid security shall be returned.

22. Evaluation of Techno-Commercial Bids Techno-Commercial Bid, prepared and comprising details/documents in line with ITB Sub-Clause No. 8.2, submitted by Bidder's will be evaluated as described below:

22.1. The Employer will carry out a detailed evaluation of Techno-Commercial Bids (of the qualified bidders short listed as above as per clause 6.1.2 of IFB) previously determined to be substantially responsive in order to determine whether the technical aspects are in accordance with the requirements set forth in the bidding documents. For detailed evaluation of Techno-Commercial bids of qualified bidders, the Employer will examine and compare the technical aspects of the bids on the basis of the information supplied by the bidders, taking into account the following factors:

a) overall completeness and compliance with the Technical Specifications and Drawings; suitability of the facilities offered in relation to the environmental and climatic conditions prevailing at the site; and quality, function and operation of any process control concept included in the bid. The bid that does not meet acceptable standards of completeness, consistency and detail will be rejected for non-responsiveness.

b) achievement of specified performance criteria by the facilities c) type, quantity and long-term availability of Mandatory and Recommended

spare parts and maintenance services d) Time schedule (program of performance)

The plant and equipment covered by this bidding document are required to be shipped and installed and the facilities are to be completed within the period

44

named in the Bid Data Sheet after the effective date specified in the Contract Agreement. Bidders are required to base their prices on the time schedule given in appendix-4 to the form of Contract Agreement (Time Schedule) or, where no time schedule is given, on the completion date(s) given in the Bid Data Sheet. No credit will be given for earlier completion.

e) Any other relevant factors, if any, listed in the IFB, Bid Data Sheet and Instruction to Bidders, or that the Employer deems necessary or prudent to take into consideration.

f) The Functional Guarantees of the facilities offered: Bidders shall state the Functional Guarantees (e.g. performance, efficiency) of the proposed facilities in response to the Technical specifications. In case a minimum (or a maximum, as the case may be) level of functional guarantee is specified in the Technical Specifications for the bids to be considered responsive, bids offering plant and equipment with such functional guarantees less (or more) than the minimum (or maximum) specified may be rejected.

22.2. The capabilities of the vendors and subcontractors, proposed in Attachment-5 to the Bid will also be evaluated for acceptability. Should a vendor or subcontractor be determined to be unacceptable, the bid will not be rejected but the Bidder will be required to substitute an acceptable vendor or subcontractor without any change in the bid price.

22.3. Bidder may note that deviations, variations and additional conditions etc. found elsewhere in the bid, shall not be given effect to in evaluation and it will be assumed that the Bidder complies to all the conditions of Bidding Documents. In case the Bidder refuses to withdraw deviation implicit or explicit found anywhere in the bid, without any financial implication whatsoever to the Employer, the bid security shall be forfeited.

23. NOT IN USE 24. NOT IN USE 25. NOT IN USE 26. Preliminary Examination of Price bids

The Employer will examine the Price Bids to determine whether they are complete, whether any computational errors have been made and whether the bids are generally in order. Refer the ‘Terms & Conditions of Reverse Auction’ and ‘Business Rules for reverse auction’ placed at Annexure-I and Annexure-II to ITB respectively.

26.1. Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price, which is obtained by multiplying the unit price and quantity, or between subtotals and the total price, the unit or subtotal price shall prevail and the total price shall be corrected accordingly. If there is a discrepancy between words and figures, the amount in words will prevail. If the Bidder does not accept such correction of errors, its bid will be rejected and the bid security will be forfeited in accordance with ITB Sub-Clause 12.7.

27. Evaluation of Price bids 27.1. ‘The Terms & Conditions of Reverse Auction’ and ‘Business Rules for reverse

auction’ placed at Annexure-I and Annexure-II to ITB respectively.

27.2. Special Instructions to Bidders for e-Tendering and Reverse Auction are provided at

45

ANNEXURE-IV TO ITB. 28. Contacting the Employer 28.1. Subject to ITB Clause 20, no Bidder shall contact the Employer on any matter relating

to its bid, from the time of the opening of bids to the time the contract is awarded. 28.2. Information relating to examination, evaluation and comparison of bids and

recommendation for the award of contract shall not be disclosed to bidders or any other persons not officially concerned with such process until the award to the successful bidder has been announced. Any effort by a Bidder to influence the Employer in the Employer’s bid evaluation, bid comparison or contract award decisions may result in rejection of the Bidder’s bid.

F. Award of Contract 29. -DELETED- 30. Award Criteria 30.1. Subject to ITB Clause titled ‘Employer’s Right to Accept Any Bid and to Reject Any or

All Bids’, the Employer will award the contract to the successful Bidder whose bid has been determined to be substantially responsive and to be the lowest evaluated bid, further provided that the Bidder is determined to be qualified to perform the contract satisfactorily. Refer the ’Terms & Conditions of Reverse Auction’ and‘Business Rules for reverse auction’ are placed at Annexure-I and Annexure-II to ITB respectively.

30.2. The Bidder will be required to comply with all requirements of the Bidding Documents and subsequent amendment thereof, if any without any extra cost to the Employer, failing which his bid security will be forfeited.

30.3. The Employer reserves the right to vary the quantity of any of Spares and / or delete any Item of Spares altogether at the time of Award of Contract.

30.4. The mode of contracting with the successful bidder will be as per stipulation outlined in SCC Clause 3.6 and briefly indicated below: The award shall be made as follows: i. First Contract: For Ex-works (India) supply of all plant and equipment including

mandatory spares. ii. Second Contract: For providing all services i.e. Inland Transportation for Delivery

at Site, Inland Transit Insurance, Unloading, Storage, Handling at Site, Installation (including civil, structural steel work & allied work, if applicable), insurance covers other than Inland Transit Insurance Testing and Commissioning and conducting Guarantee tests in respect of all the equipments supplied under the ‘First Contract’, and Civil Works, Operation & Maintenance (O&M) for ten years, recurring cost of evacuation facility for ten years & all other services specified in the Contract Documents.

iii. "Third Contract/ Authorization letter": The letter issued by REMCL to the successful Bidder authorizing him to construct foundations and erect the Solar Power Plant on full or part of the said land All the above three Contracts/ Authorization letter will contain a crossfall breach clause specifying that breach of one will constitute breach of the other Contract

46

which will confer a right on the Employer to terminate the other contracts also at the risk and the cost of Contractor.

31. Employer’s Right to Accept Any Bid and to Reject any or All Bids 31.1. TheThe Employer reserves the right to accept or reject any bid, for any reasons

including National defense and security consideration and to annul the bidding process and to reject all bids at any time prior to award of contract, without thereby incurring any liability to the affected Bidder or bidders or any obligation to inform the affected Bidder or bidders on the grounds for the Employer’s action.

32. Notification of Award 32.1. Prior to the expiration of the period of bid validity, the Employer will notify the

successful Bidder in writing by registered letter/email to be confirmed in writing by registered letter, that its bid has been accepted. The notification of award will constitute the formation of the contract.

32.2. Upon successful Bidder’s furnishing of the performance securities pursuant to ITB Clause 34, the Employer will promptly notify each unsuccessful Bidder and will discharge its bid security, pursuant to ITB Sub-Clause 12.5.

33. Signing the Contract Agreement 33.1. At the same time as the Employer notifies the successful Bidder that its bid has been

accepted, the Employer will send to the Bidder the Contract Agreement provided in the bidding documents, incorporating all agreements between the parties.

33.2. Within twenty-eight (28) days of receipt of the Contract Agreement, the successful Bidder shall sign and date the Contract Agreement and return it to the Employer. Cost of preparing Contract Agreement shall be borne by the bidder.

34. Signing the Contract Agreement 34.1. Within twenty-eight (28) days after receipt of the Notification of Award, the successful

Bidder shall furnish performance securities for ten percent (10%) of Contract Price for all the contracts and in the form provided in the section “Forms and Procedures” of the bidding documents.

34.2. In case Joint Deed(s) of Undertaking by the Contractor along with his associate(s)/collaborator(s) form part of the Contract, then, unconditional Bank Guarantee(s) from such associate(s)/collaborator(s) towards faithful performance of the Joint Deed(s) of Undertaking for amount(s) specified in Bid Data Sheets shall be furnished within twenty eight (28) days after Notification of Award. These Bank Guarantees shall be furnished in the form provided in the section "Forms and Procedures" of the bidding documents and shall be valid till such period as specified in the corresponding format for Deed of Joint Undertaking.

34.3. Failure of the successful Bidder to comply with the requirements of ITB Clause 33 or Clause 34 shall constitute sufficient grounds for the annulment of the award and forfeiture of his bid security.

34.4. The Bank Guarantees submitted towards Performance Security shall be essentially from any of the Banks listed in Annexure-I to SCC. The Bank guarantee submitted from within India towards Performance Security shall be issued on Non-Judicial Stamp Paper of appropriate value as per Stamp Act prevailing in the State(s) where the BG is submitted or is to be acted upon or the Non-

47

Judicial Stamp Paper of appropriate value prevailing in the State where the BG is executed, whichever is higher

35. NOT USED 36. FRAUD AND CORRUPT PRACTICES 36.1. The Bidders and their respective officers, employees, agents and advisers shall

observe the highest standard of ethics during the Bidding Process. Notwithstanding anything to the contrary contained herein, REMCL may reject an Bid without being liable in any manner whatsoever to the Bidder if it determines that the Bidder has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the Bidding Process.

36.2. Without prejudice to the rights of REMCL under Clause 36.1 hereinabove, if a Bidder is found by REMCL to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Bidding Process, such Bidder shall not be eligible to participate in any tender or RFQ issued by REMCL during a period of 2 (two) years from the date such Bidder is found by REMCL to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as the case may be.

36.3. For the purposes of this Clause 36, the following terms shall have the meaning hereinafter respectively assigned to them:

a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the Bidding Process (for avoidance of doubt, offering of employment to, or employing, or engaging in any manner whatsoever, directly or indirectly, any official of REMCL who is or has been associated in any manner, directly or indirectly, with the Bidding Process or the NOA or arising there from, before or after the execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of REMCL, shall be deemed to constitute influencing the actions of a person connected with the Bidding Process); or (ii) save and except as permitted under sub clause (d) of Clause 6.1.1, engaging in any manner whatsoever, whether during the Bidding Process or after the issue of the NOA, as the case may be, any person in respect of any matter relating to the Project or the NOA, who at any time has been or is a legal, financial or technical adviser of REMCL in relation to any matter concerning the Project;

b) “Fraudulent practice” means a misrepresentation or omission of facts or suppression of facts or disclosure of incomplete facts, in order to influence the Bidding Process;

c) “Coercive practice” means impairing or harming or threatening to impair or harm, directly or indirectly, any person or property to influence any person’s participation or action in the Bidding Process;

d) “undesirable practice” means (i) establishing contact with any person connected with or employed or engaged by the REMCL with the objective

48

of canvassing, lobbying or in any manner influencing or attempting to influence the Bidding Process; or (ii) having a Conflict of Interest; and

e) “restrictive practice” means forming a cartel or arriving at any understanding or arrangement among Bidders with the objective of restricting or manipulating a full and fair competition in the Bidding Process.

37. Ineligibility for Participation in Re-Tender Notwithstanding the provisions specified in ITB sub-Clause 12.7 and ITB Sub- Clause 34.3, if a bidder after having been issued the Notification of Award, either does not sign the Contract Agreement pursuant to ITB Clause 33 or does not submit a acceptable Performance Security pursuant to ITB Clause 34 and which results in tender being annulled then such bidder shall be treated ineligible for participation in re- tendering of this particular Package.

38. Integrity Pact Bidders are required to unconditionally accept the “Integrity Pact (IP)” executed on plain paper) as per Attachment - 16 to the Bidding Documents which has been pre- signed by the Employer, and submit the same duly signed on all pages by the bidder’s authorized signatory alongwith the bid. Where the Joint Venture(s) / Consortium are permitted to participate in the bid pursuant to ITB Clause 8.2.4(c), the signing of Integrity Pact (IP) by all JV Partner(s) / Consortium members is mandatory. The Integrity Pact (IP) is to be submitted in a separate sealed envelope as per provision of ITB 15.1.3. Bidder’s failure to comply with the aforesaid requirement regarding submission of ‘Integrity Pact (IP)’ shall lead to outright rejection of the bid and in such case the bids shall be returned unopened to the bidder.

39. NOT USED 40. Policy of withholding and Banning of Business Dealing

Business dealings may be withheld or banned with the Bidder/Contractor on account of any of the grounds and following the procedures as detailed in the Policy for withholding and Banning of Business Dealings specified in GCC.

41. Exemption of GST or any other taxes and duties (if applicable) (On Items Manufactured for Grid Connected Solar Photo Voltaic Power Generation Projects) As per extant guidelines of, Govt. of India, the benefits of exemption of GST or any other taxes and duties (if applicable on items manufactured for grid connected Solar Photo Voltaic Power Generation Projects) may be available for the items to be supplied under the contract. Bidder may appraise itself of the relevant policies and quote accordingly. The Employer shall issue the requisite certificate (if required) as specified in the relevant policy of Govt. of India. However, if the certificate is required to be issued by any department/ ministry of Government of India or State Government where the Project is located other than Employer, the Bidder shall itself be responsible for obtaining such certificate from the concerned department/ministry. In such a case, the Employer may issue recommendatory letter to the bidder. The Bidder shall be solely responsible for obtaining the benefits of exemption on GST or any other taxes and duties (if applicable) on the items to be supplied under the contract from the Govt. of India. In case of failure of the bidder to receive the benefits partly or fully

49

from Govt. of India or in case of delay in receipt of such benefits, the Employer shall neither be responsible nor liable in this regard in any manner whatsoever.

ANNEXURE-I TO ITB: TERMS & CONDITIONS OF REVERSE AUCTION

After opening of Financial bids and short-listing of bidders based on the tariff and total

capacity of project of qualified Project(s), REMC Ltd. shall resort to “REVERSE

AUCTION PROCEDURE”. Reverse Auction shall be conducted as per methodology

specified in Annexure II and other provisions of Reverse Auction in bidding Documents

and their subsequent Addenda/ Amendments/ Clarifications. Bidders in their own

interest, are advised to go through the documents in entirety. The Terms & Conditions

and Business Rules mentioned hereunder are in brief and may not give completer

explanations. Further these are supplementary in nature.

1. Bidders shall ensure online submission of their ‘Total Bid Price per MU’ within

the auction period. The bid price shall be quoted package wise.

2. Reverse Auction process shall be conducted package wise. Separate auctions

to be done for each package. Auctions to be done on criteria of beating the L-

1 price. Bidders will be invited in reverse auction for those projects only for

which they have submitted their bids and therefore qualified in technical &

financial bid evaluation

3. Bidders shall ensure to take all necessary training and assistance before

commencement of reverse auction to the interested bidders on chargeable

basis to be paid directly to ISN-ETS.

4. Business rules for Reverse Auction like event date, time, bid decrement,

extension etc. shall be as per the business rules, enumerated in the bidding

document or intimated later on, for compliance.

5. Reverse auction will be conducted on scheduled date & time, as mentioned in

the bidding document.

6. Bidders should acquaint themselves of the ‘Business Rules of Reverse Auction’,

which is enclosed separately in the bidding document.

7. If the Bidder or any of his representatives are found to be involved in Price

manipulation/ cartel formation of any kind, directly or indirectly by

50

communicating with other bidders, action as per extant REMC Ltd. guidelines,

shall be initiated by REMC Ltd.

8. The Bidder shall not divulge either his Bids or any other exclusive details of

REMC Ltd./Railways to any other party.

9. Period of validity of Prices received through Reverse Auction shall be same as

that of the period of validity of bids offered.

10. Bidders should also note that:

a) Although extension time is ‘8’ minutes, there is a time lag between the actual

placing the bid on the local computer of the bidder and the refreshing of the

data on to the server for the visibility to the Owner. Considering the

processing time for data exchange and the possible network congestion,

bidders must avoid the last-minute hosting of the Financial Bid during

reverse auction.

b) Participating bidder will agree to non-disclosure of trade information

regarding the purchase, identity of REMC Ltd., bid process, bid technology,

bid documentation and bid details.

c) It is brought to the attention of the bidders that the bid event will lead to the

final price of bidders only.

d) Technical and other non-commercial queries (not impacting price) can only

be routed to the REMC Ltd. contact personnel indicated in the bidding

document.

e) Order finalization and post order activities such issue of LOA, signing of

PPA etc. would be transacted directly between successful bidder(s) and

REMC Ltd./Railways.

f) LOA shall be placed outside the ETS e-portal & further processing of the

LOA shall also be outside the system.

g) In case of any problem faced by the bidder during Reverse Auction and for

all Bidding process related queries, bidders are advised to contact the NIC

officials.

h) Bidders are advised to visit the auction page and login into the system well

in advance to identify/ rectify the problems to avoid last minute hitches.

i) REMC Ltd. will not be responsible for any PC configuration/ Java related

51

issues, software/ hardware related issues, telephone line glitches and

breakdown/ slow speed in internet connection of PC at Bidder’s end.

j) Bidders may note that it may not be possible to extend any help, during

Reverse Auction, over phone or in person in relation to rectification of PC/

Internet/ Java related issues and Bidder may lose the chance of

participation in the auction.

11. For access to the Reverse Auction site, the following URL is to be used:

https://www.bharat-electronictender.com 12. No queries shall be entertained while Reverse Auction is in progress.


52

ANNEXURE-II TO ITB: BUSINESS RULES OF REVERSE AUCTION

Reverse Auction shall be conducted as per methodology specified in Section - V and other provisions of Reverse Auction in bidding documents and their subsequent Amendments/ Clarifications/ Addenda. Bidders, in their own interest, are advised to go through the documents in entirety.The following would be parameters for e-Revers Auction:

Sl. No. Parameter Value

1. Date and Time of Reverse-Auction Bidding Event

To be intimated Later to Eligible Bidders

2. Duration of Reverse-Auction Bidding Event 30 minutes

3.

Automatic extension of the ‘Reverse-Auction closing Time’, if last bid received is within a ‘Predefined Time-Duration’ before the ‘Reverse-Auction Closing Time’

Yes

3.1 Pre-defined Time-Duration 08 minutes

3.2 Automatic extension Time-Duration 08 minutes 3.3 Maximum number of Auto-Extension Unlimited

Extension

4. Entity-Start-Price Tariff quoted by the bidders in

Financial Bid (Second Envelope)

Online Reverse Auction shall be conducted by REMC Ltd. on pre-specified date and

time, while the bidders shall be quoting from their own offices/ place of their choice.

Internet connectivity shall have to be ensured by bidders themselves.

During the Reverse Auction, any requests for extension of time will not be considered

by REMC Ltd. Bidders are therefore requested to make all the necessary

arrangements/ alternatives whatever required so that they are able to participate in

the Reverse Auction successfully. Failure of power or loss of connectivity at the

premises of bidders during the Reverse Auction cannot be the cause for not

participating in the Reverse Auction. REMC Ltd. shall not be responsible for such

eventualities.

Bidders are advised to get fully trained and clear all their doubts such as refreshing of

Screen, capacity/ no. of projects being auctioned, auction rules etc.

REMC Ltd. reserves the right to cancel/ reschedule/ extend the Reverse Auction

process/ tender at any time, before ordering, without assigning any reason.

REMC Ltd. shall not have any liability to bidders for any interruption or delay in access

to the auction website irrespective of the cause. In such cases, the decision of REMC

Ltd. shall be binding on the bidders.

Other terms and conditions shall be as per bidder’s techno-commercial offers and as

per the bidding document and other correspondences, if any, till date.

53

ANNEXURE-III TO ITB: GUIDELINES ON BANNING OF BUSINESS DEALINGS

1. Introduction 1.1 REMCL, and ‘Railway’, within the meaning of Article 12 of Constitution of India, has to

ensure preservation of rights enshrined in Chapter III of the Constitution. has also to safeguard its commercial interests. It is not in the interest of to deal with Agencies who commit deception, fraud or other misconduct in the execution of contracts awarded / orders issued to them. In order to ensure compliance with the constitutional mandate, it is incumbent on to observe principles of natural justice before banning the business dealings with any Agency.

1.2 Since banning of business dealings involves civil consequences for an Agency concerned,

it is incumbent that adequate opportunity of hearing is provided and the explanation, if tendered, is considered before passing any order in this regard keeping in view the facts and circumstances of the case.

2. Scope 2.1 The procedure of (i) Suspension and (ii) Banning of Business Dealing with Agencies, has

been laid down in these guidelines. 2.2 It is clarified that these guidelines do not deal with the decision of the Management not to

entertain any particular Agency due to its poor / inadequate performance or for any other reason.

2.3 The banning shall be with prospective effect, i.e., future business dealings. 3. Definitions

In these Guidelines, unless the context otherwise requires: i) `Bidder / Contractor / Supplier’ in the context of these guidelines is indicated as ‘Agency’. ii) ‘Competent Authority’ and ‘Appellate Authority’ shall mean the following:

a) The Director shall be the ‘Competent Authority’ for the purpose of these guidelines. GGM, REMCL shall be the ‘Appellate Authority’ in respect of such cases.

b) GGM, REMCL shall have overall power to take suo-moto action on any information available or received by him and pass such order(s) as he may think appropriate, including modifying the order(s) passed by any authority under these guidelines.

iii) ‘Investigating Department’ shall mean any Department, Division or Unit investigating into the conduct of the Agency and shall include the Vigilance Department, Central Bureau of Investigation, the State Police or any other department set up by the Central or State Government having powers to investigate.

4. Initiation of Banning / Suspension: Action for banning / suspension business dealings with any Agency should be initiated by the department/ unit having business dealings with them after noticing the irregularities or misconduct on their part.

5. Suspension of Business Dealings 5.1 If the conduct of any Agency dealing with is under investigation by any department, the

Competent Authority may consider whether the allegations under investigation are of a serious nature and whether pending investigation, it would be advisable to continue business dealing with the Agency. If the Competent Authority, after consideration of the matter including the recommendation of the Investigating Department/Unit, if any, decides that it would not be in the interest to continue business dealings pending investigation, it may suspend business dealings with the Agency. The order to this effect may indicate a brief of the charges under investigation. The order of such suspension would operate for a period not more than six months and may be communicated to the Agency as also to the Investigating Department. The Investigating Department/Unit may ensure that their investigation is completed and whole process of final order is over within such period.

5.2 As far as possible, the existing contract(s) with the Agency may be continued unless the Competent Authority, having regard to the circumstances of the case, decides otherwise.

54

5.3 If the Agency concerned asks for detailed reasons of suspension, the Agency may be informed that its conduct is under investigation. It is not necessary to enter into correspondence or argument with the Agency at this stage.

5.4 It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the order of suspension. However, if investigations are not complete in six months time, the Competent Authority may extend the period of suspension by another three months, during which period the investigations must be completed.

6. Grounds on which Banning of Business Dealings can be initiated 6.1 If the security consideration, including questions of loyalty of the Agency to the State, so

warrants; 6.2 If the Director / Owner of the Agency, proprietor or partner of the firm, is convicted by a Court

of Law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises or , during the last five years;

6.3 If there is strong justification for believing that the Directors, Proprietors, Partners, owner of the Agency have been guilty of malpractices such as bribery, corruption, fraud, substitution of tenders, interpolations, etc;

6.4 If the Agency employs a public servant dismissed / removed or employs a person convicted for an offence involving corruption or abetment of such offence;

6.5 If business dealings with the Agency have been banned by the Govt. or any other public sector enterprise;

6.6 If the Agency has resorted to Corrupt, fraudulent practices including misrepresentation of facts;

6.7 If the Agency uses intimidation / threatening or brings undue outside pressure on the Company (REMCL) or its official in acceptance / performances of the job under the contract;

6.8 If the Agency indulges in repeated and / or deliberate use of delay tactics in complying with contractual stipulations;

6.9 Based on the findings of the investigation report of CBI / Police against the Agency for malafide / unlawful acts or improper conduct on his part in matters relating to the Company (REMCL) or even otherwise;

6.10 Established litigant nature of the Agency to derive undue benefit; 6.11 Continued poor performance of the Agency in several contracts;

(Note: The examples given above are only illustrative and not exhaustive. The Competent Authority may decide to ban business dealing for any good and sufficient reason).

7. Banning of Business Dealings 7.1 A decision to ban business dealings with any Agency shall apply throughout the Company. 7.2 If the Competent Authority is prima-facie of view that action for banning business dealings

with the Agency is called for, a show-cause notice may be issued to the Agency as per paragraph 8.1 and an enquiry held accordingly.

8. Show-cause Notice 8.1 In case where the Competent Authority decides that action against an Agency is called for,

a show-cause notice has to be issued to the Agency. Statement containing the imputation of misconduct or misbehavior may be appended to the show-cause notice and the Agency should be asked to submit within 30 days a written statement in its defence. If no reply is received, the decision may be taken ex-parte.

8.2 If the Agency requests for inspection of any relevant document in possession of , necessary facility for inspection of documents may be provided.

8.3 After considering the reply of the Agency and other circumstances and facts of the case, a final decision for Company-wide banning shall be taken by the Competent Authority. The Competent Authority may consider and pass an appropriate speaking order: a) For exonerating the Agency if the charges are not established; b) For banning the business dealing with the Agency.

8.4 The decision should be communicated to the Agency concerned along with a reasoned order. If it decided to ban business dealings, the period for which the ban would be operative may be mentioned.

9. Appeal against the Decision of the Competent Authority 9.1 The Agency may file an appeal against the order of the Competent Authority banning

business dealing, etc. The appeal shall lie to Appellate Authority. Such an appeal shall be preferred within one month from the date of receipt of the order banning business dealing, etc.

55

9.2 Appellate Authority would consider the appeal and pass appropriate order which shall be communicated to the Agency as well as the Competent Authority.

10. Review of the Decision by the Competent Authority Any petition / application filed by the Agency concerning the review of the banning order passed originally by Competent Authority under the existing guidelines either before or after filing of appeal before the Appellate Authority or after disposal of appeal by the Appellate Authority, the review petition can be decided by the Competent Authority upon disclosure of new facts /circumstances or subsequent development necessitating such review.

11. Circulation of the names of Agencies with whom Business Dealings have been banned.

11.1 Depending upon the gravity of misconduct established, the Competent Authority of may circulate the names of Agency with whom business dealings have been banned, to the Ministry of Railways and PSUs of Railways, for such action as they deem appropriate.

11.2 If Ministry of Railways or a Public Sector Undertaking of Railways request for more information about the Agency with whom business dealings have been banned a copy of the report of Inquiring Authority together with a copy of the order of the Competent Authority/ Appellate Authority may be supplied.

12. Restoration 12.1 The validity of the banning order shall be for a specific time & on expiry of the same, the

banning order shall be considered as "withdrawn". 12.2 In case any agency applies for restoration of business prior to the expiry of the ban order,

depending upon merits of each case, the Competent Authority which had passed the original banning orders may consider revocation of order of suspension of business/lifting the ban on business dealings at an appropriate time. Copies of the restoration orders shall be sent to all those offices where copies of Ban Orders had been sent.

56

ANNEXURE-IV TO ITB: E-TENDERING INSTRUCTIONS: SPECIAL INSTRUCTIONS TO BIDDERS FOR E-TENDERING AND REVERSE

AUCTION

GENERAL The Special Instructions (for e-Tendering) supplement ‘Instructions to Bidders’, as given in

these bidding Documents. Submission of Online Bids is mandatory for this bidding document.

e-Tendering is a new methodology for conducting Public Procurement in a transparent

and secured manner. Now, the Government of India has made e-Tendering

mandatory. Suppliers/ Vendors will be the biggest beneficiaries of this new system of

procurement. For conducting electronic tendering, REMC Limited has adopted a

secured and user friendly e-tender system enabling bidders to Search, View,

Download tender document(s) directly from the e-tendering portal of M/s Electronic

Tender.com (India) Pvt. Limited https://www.bharat-electronictender.com through

ISN-ETS. This portal is based on the world’s most ‘secure’ and ‘user friendly’ software

from ElectronicTender®. A portal built using ElectronicTender’s software is also

referred to as ElectronicTender System® (ETS).

Benefits to Suppliers are outlined on the Home-page of the portal.

INSTRUCTIONS

Tender Bidding Methodology:

Sealed Bid System

Single Stage Two Envelope

Auction

The sealed bid system would be followed by an ‘e-Reverse Auction’

Broad Outline of Activities from Bidder’s Perspective:

1. Procure a Class III Digital Signing Certificate (DSC).

2. Register on Electronic Tender System® (ETS)

3. Create Marketing Authorities (MAs), Users and assign roles on ETS. It is

mandatory to create atleast one MA

4. View Notice Inviting Tender (NIT) on ETS

5. For this tender -- Assign Tender Search Code (TSC) to a MA

https://www.tcil-india-electronictender.com/

57

6. Download Official Copy of Tender Documents from ETS. Note: Official copy of

Tender Documents is distinct from downloading ‘Free Copy of Tender

Documents’. To participate in a tender, it is mandatory to procure official copy

of Tender Documents for that tender.

7. Clarification to Tender Documents on ETS

a) Query to REMC Ltd. (Optional)

b) View response to queries posted by REMC Ltd.

8. Bid-Submission on ETS

9. Respond to REMC Ltd. Post-TOE queries

10. Participate in e-Reverse Auction if invited

For participating in this tender online, the following instructions are to be read carefully.

These instructions are supplemented with more detailed guidelines on the relevant

screens of the ETS.

Digital Certificates

For integrity of data and authenticity/ non-repudiation of electronic records, and to be

compliant with IT Act 2000, it is necessary for each user to have a Digital Certificate

(DC), also referred to as Digital Signature Certificate (DSC), of Class III, issued by a

Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer

http://www.cca.gov.in].

Registration

To use the ElectronicTender® portal https://www.bharat-electronictender.com,

vendors need to register on the portal. Registration of each organization is to be done

by one of its senior persons who will be the main person coordinating for the e-

tendering activities. In ETS terminology, this person will be referred to as the Super

User (SU) of that organization. For further details, please visit the website/portal, and

click on the ‘Supplier Organization’ link under ‘Registration’ (on the Home Page), and

follow further instructions as given on the site. Pay Annual Registration Fee as

applicable.

After successful submission of Registration details and payment of Annual

Registration Fee, please contact ISN-ETS Helpdesk (as given below), to get your

registration accepted/activated

Important Note:

1. Interested bidders have to download official copy of the bidding document &

other documents after login into the e-tendering Portal of ISN-ETS

http://www.cca.gov.in/



58

https://www.bharat- electronictender.com. If the official copy of the

documents is not downloaded from e- tendering Portal of ISN-ETS within the

specified period of downloading of bidding document and other documents,

bidder will not be able to participate in the tender.

2. To minimize teething problems during the use of ETS (including the

Registration process), it is recommended that the user should peruse the

instructions given under ‘ETS User-Guidance Centre’ located on ETS Home

Page, including instructions for timely registration on ETS. The instructions

relating to ‘Essential Computer Security Settings for Use of ETS’ and ‘Important

Functionality Checks’ should be especially taken into cognizance.

Please note that even after acceptance of your registration by the Service Provider, to

respond to a tender you will also require time to complete activities related to your

organization, such as creation of users, assigning roles to them, etc.

ISN-ETS Helpdesk

Telephone/ Mobile

Customer Support: +91-124-4229071, 4229072 ( From 1000 HRS to 1800 HRS on all Working Days i.e. Monday to Friday except Government Holidays)

Email-ID

[email protected] [Please mark CC: [email protected]]

Some Bidding Related Information for this Tender (Sealed Bid)

The entire bid-submission would be online on ETS (unless specified for Offline

Submissions). Broad outline of submissions are as follows:

Submission of Bid-Parts

Envelope I (Technical-Bid)

Envelope II (Financial-Bid)

Submission of digitally signed copy of Tender Documents/ Addendum

In addition to the above, the bidders are required to submit certain documents

physically offline also as per Clause No.8.2.4, Section-II, ITB of Bid Documents, failing

which the technical bids will not be opened.

Note: The Bidder should also upload the scanned copies of all the above-mentioned

original documents as Bid-Annexures during Online Bid-Submission.

Internet Connectivity

If bidders are unable to access ISN-ETS’s e-tender portal or Bid Documents, the






59

bidders may please check whether they are using proxy to connect to internet, or

their PC is behind any firewall and may contact their system administrator to enable

connectivity. Please note that Port SSL/ 443 should be enabled on proxy/firewall for

HTTPS connectivity. Dial-up/ Broad and internet connectivity without Proxy settings

is another option

SPECIAL NOTE ON SECURITY AND TRANSPARENCY OF BIDS Security related functionality has been rigorously implemented in ETS in a

multidimensional manner. Starting with 'Acceptance of Registration by the Service

Provider', provision for security has been made at various stages in Electronic

Tender's software. Specifically, for Bid Submission, some security related aspects are

outlined below:

As part of the Electronic Encrypted™ functionality, the contents of both the

‘ElectronicForms®’ and the ‘Main-Bid’ are securely encrypted using a Pass-Phrase

created by the Bidder himself. Unlike a ‘password’, a Pass-Phrase can be a multi-

word sentence with spaces between words (e.g. I love this World). A Pass-Phrase is

easier to remember, and more difficult to break. It is mandatory that a separate Pass-

Phrase be created for each Bid-Part. This method of bid- encryption does not have

the security and data-integrity related vulnerabilities which are inherent in e-tendering

systems which use Public-Key of the specified officer of a Buyer organization for bid-

encryption. Bid-encryption in ETS is such that the Bids cannot be decrypted before the

Public Online Tender Opening Event (TOE), even if there is connivance between the

concerned tender-opening officers of the Buyer organization and the personnel of e-

tendering service provider.

CAUTION: All bidders must fill Electronic Forms® for each bid-part sincerely and

carefully, and avoid any discrepancy between information given in the Electronic

Forms® and the corresponding Main-Bid. For transparency, the information submitted

by a bidder in the Electronic Forms® is made available to other bidders during the

Online Public TOE. If it is found during the Online Public TOE that a bidder has not

filled in the complete information in the Electronic Forms®, the TOE officer may make

available for downloading the corresponding Main-Bid of that bidder at the risk of the

bidder. If variation is noted between the information contained in the Electronic

Forms® and the ‘Main-Bid’, the contents of the Electronic Forms® shall prevail. In case of any discrepancy between the values mentioned in figures and in words, the

value mentioned in words will prevail.

60

The bidder shall make sure that the Pass-Phrase to decrypt the relevant Bid-Part is submitted into the ‘Time Locked Electronic Key Box (EKB)’ after the deadline of Bid Submission, and before the commencement of the Online TOE of Technical Bid. The process of submission of this Pass-Phrase in the ‘Time Locked

Electronic Key Box’ is done in a secure manner by first encrypting this Pass-Phrase

with the designated keys provided by the REMC Ltd.

Additionally, the bidder shall make sure that the Pass-Phrase to decrypt the relevant

Bid-Part is submitted to REMC Ltd. in a sealed envelope before the start date and time

of the Tender Opening Event (TOE).

There is an additional protection with SSL Encryption during transit from the client-end

computer of a Supplier organization to the e-Tendering Server/ Portal.

OTHER INSTRUCTIONS For further instructions, the vendor should visit the home-page of the portal

https://www.bharat-electronictender.com, and go to the User-Guidance Center The help information provided through ‘ETS User-Guidance Center’ is available in three

categories – Users intending to Register/ First-Time Users, Logged-in users of Buyer

organizations, and Logged-in users of Supplier organizations. Various links (including links for

User Manuals) are provided under each of the three categories.

Important Note: It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the relevant

links, and take appropriate action. This will prevent hiccups and minimize teething

problems during the use of ETS.

SEVEN CRITICAL DO’S AND DON’TS FOR BIDDERS

Specifically, for Supplier organizations, the following 'SEVEN KEY INSTRUCTIONS for BIDDERS' must be assiduously adhered to:

1. Obtain individual Digital Signing Certificate (DSC or DC) of Class III well in

advance of your tender submission deadline on ETS.

2. Register your organization on ETS well in advance of the important deadlines

for your first tender on ETS viz ‘Date and Time of Closure of Procurement of

Tender Documents’ and ‘Last Date and Time of Receipt of Bids’. Please note

that even after acceptance of your registration by the Service Provider, to

respond to a tender you will also require time to complete activities related to

your organization, such as creation of -- Marketing Authority (MA) [ie a



61

department within the Supplier/ Bidder Organization responsible for responding

to tenders], users for one or more such MAs, assigning roles to them, etc. It is

mandatory to create at least one MA. This unique feature of creating an MA

enhances security and accountability within the Supplier/ Bidder Organization.

3. Get your organization's concerned executives trained on ETS well in advance

of your first tender submission deadline on ETS

4. For responding to any particular tender, the tender (ie its Tender Search Code

or TSC) has to be assigned to an MA. Further, an ‘Official Copy of Tender

Documents’ should be procured/ downloaded before the expiry of Date and

Time of Closure of Procurement of Tender Documents. Note: Official copy of

Tender Documents is distinct from downloading ‘Free Copy of Tender

Documents’. Official copy of Tender Documents is the equivalent of procuring

physical copy of Tender Documents with official receipt in the paper-based

manual tendering system.

5. Submit your bids well in advance of tender submission deadline on ETS (There

could be last minute problems due to internet timeout, breakdown, etc.)

6. It is the responsibility of each bidder to remember and securely store the Pass-

Phrase for each Bid-Part submitted by that bidder. The bidders are required to

submit correct, valid and operative Pass-Phrase to decrypt either Technical Bid

Part or Financial Bid Part in a separate sealed envelope before due date and

time of submission of bid. In the event, the bids are not opened with the pass-

phrase submitted by bidder, REMC Ltd. may ask for re-submission/

clarification for correct pass-phrase. If bidder fails to submit correct pass-

phrase immediately as requested by REMC Ltd., the Tender Document Fee, if

applicable, shall be forfeited and bid shall not be opened, and EMD shall be

refunded. No request on this account shall be entertained by REMC Ltd.

7. ETS will make your bid available for opening during the Online Public Tender

Opening Event (TOE) ‘ONLY IF’ the status pertaining Overall Bid-Submission

is ‘COMPLETE’. For the purpose of record, the bidder can generate and save a

copy of ‘Final Submission Receipt’. This receipt can be generated from 'Bid-

Submission Overview Page' only if the status pertaining overall Bid-Submission

is ‘COMPLETE’.

NOTE:

While the first three instructions mentioned above are especially relevant to first-time

users of ETS, the fourth, fifth, sixth and seventh instructions are relevant at all times.

62

ADDITIONAL DO’s AND DON’Ts FOR BIDDERS

PARTICIPATING IN e-REVERSE AUCTION

1. Get your organization's concerned executives trained for e-Reverse Auction

related processes on ETS well in advance of the start of e-Reverse Auction.

2. For responding to any particular e-Reverse Auction, the e-Reverse Auction (i.e. its

Reverse Auction Search Code or RASC) has to be assigned to an MA.

3. It is important for each bidder to thoroughly read the ‘rules and related criterion’ for

the e- Reverse Auction as defined by the Buyer organization.

4. It is important to digitally-sign your ‘Final bid’ after the end of e-Reverse Auction

bidding event.

Pre-requisite for participation in bidding process

Bidder must possess a PC/ Laptop with Windows 7 professional operating

system and Internet Explorer 8 or 9 for hassle free bidding. Bidder is essentially

required to effect the security settings as defined in the portal.

The Bidder must have a high-speed internet connectivity (preferably Broadband)

with internet explorer to access ISN-ETS’s e-Tender Portal for downloading the

Tender document and uploading/ submitting the Bids.

A valid e-mail ID of the Organization/ Firm

63

SECTION – III: BID DATA SHEET

(BDS)

64

Table of Clauses

S.No. Description Page No. A. INTRODUCTION 57 1.1 ITB 1.1 57 B. THE BIDDING DOCUMENTS 57 2. (a) ITB 5.1 57 2. (b) ITB 5.4 57 C. PREPARATION OF BIDS 57 4. ITB 12.1 59 4.1 ITB 12.3 59 D. SUBMISSION OF BIDS 59 5.1 ITB 15 59 5.2 ITB 15 59 6. ITB 16.1 59 E. BID OPENING AND EVALUATION 59 7. ITB 19.1 59 8. ITB 22.1 (d) 59 9. ITB 27 63

65

SECTION - III

BID DATA SHEET (BDS) DEVELOPMENT OF GRID CONNECTED SOLAR PV PROJECT(S) (UPTO 210 MW


BIDDING DOCUMENT NO.: REMCL/CO/SOLAR/210 MW/CAPEX/2021

The following bid specific data for the Plant & Equipment to be procured shall amend and/or supplement the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the provisions herein shall prevail over those in the ITB.

Invitation for Bids (IFB) No.: REMCL/CO/SOLAR/210 MW/CAPEX/2021

BDS Item No.

ITB Clause Ref., if any

Bid Data Sheet

A. INTRODUCTION 1. Instructions Related to E-Tendering: Bidders are required to go

through the Guidelines provided at following ISN-ETS Portal: https://www.bharat- electronictender.com

1.1 ITB 1.1 Name of the Employer: REMCL Name of the Package: DEVELOPMENT OF GRID CONNECTED SOLAR PV PROJECT(S) (UPTO 210 MW CAPACITY) ON VACANT RAILWAY

B. THE BIDDING DOCUMENTS 2. (a) ITB 5.1 Address of Employer: Chief Executive Officer, REMC

Ltd., Ground Floor, Central Wing, RITES Bhawan , Plot No. 1, Sector-29, Gurgaon – 122001 Ph- 0124-2818752,748 Email: [email protected] [email protected]

2. (b) ITB 5.4 The Bidder or his authorised representative is invited to attend pre- bid conference which will take place at the following address of Employer: The pre-bid conference shall be arranged at 11.00 AM onwards on the date specified in IFB at REMCL office or e Prebid meeting through Webinar which shall be informed in due course. The purpose of the conference will be to clarify any issue regarding the Bidding Documents. The Bidder is requested to submit questions in writing to reach the Employer at the address mentioned in Bid document, prior to the pre- bid conference. Non-attendance at the pre-bid conference will not be a case for disqualification of a bidder. More than one pre- bid meeting may be organised if felt necessary by REMCL.

C. PREPARATION OF BIDS 3.1 In addition to the requirements stipulated under section Instructions


66

BDS Item No.


Bid Data Sheet

to Bidder ( ITB) , the bidder should also meet the qualifying requirements stipulated hereunder in Clause 1.0 and Clause 2.0:

3.2 1.0 TECHNICAL CRITERIA: Technical Criteria of Bidders is specified in Cl 6.0 sub clause 1.0 of IFB.

3.3 2.0 FINANCIAL CRITERIA Financial Criteria of Bidders is specified in Cl 6.0 sub clause 2.0 of IFB.

3.4 Bids not meeting the requirements as stated above shall be rejected. 3.5 The reference plants whose details have been declared as per the

specified format in the relevant attachment (i.e. Attachment. No. 3A) shall only be considered to ascertain the bidder's compliance to the specified Qualifying Requirement (QR). Bidders wishing to provide additional reference plants are required to declare the same in similar format which shall be additionally attached. However, bidders are not permitted to quote more than three (3) times of number of reference plants for this purpose. Bidders are required to furnish the details of the past experiences based on which selection is to be made as per format enclosed in the bidding documents for the same and enclose relevant documents like copies of authentic work order, completion certificate, agreements, etc. supporting the details/data provided in the format. No claims without supporting documents shall be accepted in this regard. However, if any of the reference work pertains to the Contract(s)/Works executed by bidder for REMCL in the past then in respect of such Contract(s)/Works Bidder shall not be required to enclose Client Certificate(s) along with its bid. The Employer at its discretion may seek any clarification and/or documentary evidence only for the reference plants as mentioned above. However, no change or substitution of the reference plants by new/ additional plant for conforming to the specified Qualifying Requirement shall be sought, offered or permitted.

3.6 Whether Joint Ventures are permitted: NO Whether Associate / Collaborator Permitted: NO Whether Consortium Permitted : NO

3.7 The declared Annual Generation shall be fixed during entire bidding process including Reverse Auction (RA) for the respective bidder as quoted in the price bid.

3.8 The bidder shall quote the total price for the entire Scope of Work (covered in the Bidding Documents) on Firm Price Basis and the price shall remain firm during entire period of Contract.

67

BDS Item No.


Bid Data Sheet

4. ITB 12.1 (a) Amount of Bid Security: All bids must be accompanied by Bid Security for an amount equivalent to Rs Four (04) lacs per MW of quoted capacity. (b) Period of validity of Bid Security: 45 days beyond expiry of the validity of bid i.e. 315 days from the deadline for submission of bid.

4.1 ITB 12.3 The Bank Guarantee or Declaration of Bid Security as in format 2 of Section-VII.

D. SUBMISSION OF BIDS 5.1 ITB 15 REMCL has invited online bids for the subject package. Request for

issuance of Bidding Documents, any clarification sought on the bidding documents, the bidders bid, any modification or withdrawal of bids shall be addressed to REMCL as per address given at BDS Item No. 7 and Address for communication given in the detailed IFB included in Section-I of the bidding documents.

5.2 ITB 15 Bids shall be submitted online. Only Bid Security, Cost of Bid Document, Integrity Pact, notarized Power of Attorney are to be submitted in original hard copy at the following address. Address to which Bids shall be submitted: Chief Executive Officer, REMC Ltd., Ground Floor, Central Wing, RITES Bhawan , Plot No. 1, Sector-29, Gurgaon – 122001 Ph- 0124-2818752,748 Email: [email protected] [email protected]

6. ITB 16.1 Deadline for Bid Submission on the date and time as stated in IFB/any subsequent communication from the Employer. E. BID OPENING AND EVALUATION

7. ITB 19.1 Location of Bid Opening: Chief Executive Officer, REMC Ltd., Ground Floor, Central Wing, RITES Bhawan , Plot No. 1, Sector-29, Gurgaon – 122001 Ph- 0124-2818752,748 Date and Time for Techno-Commercial Bid Opening: Please refer Section-I (IFB) / any subsequent communication from the Employer.

8. ITB 22.1 (d)

Time to complete the facilities from the date of Notification of Award: The program for furnishing and erecting (including testing and putting into satisfactory operation) the plant and equipment covered in the package shall be in the form of Master Network identifying the Key phases in various areas of total works, like design,


68

BDS Item No.


Bid Data Sheet

procurement, manufacture and field activities including civil construction and erection works. In addition, key milestone dates (10-15 nos. minimum milestones to be referred are listed at Appendix-4 to ‘Form of Contract Agreement’. Section-VII, Part 3 of 3 of bidding Documents) shall also be identified for the complete facilities under the package. The Master Network shall confirm to the following schedule dates for the key milestones.

S.No. Activities/ Milestone Period from NOA

(months) Start Finish

General Works 1. Issue of

Authorisation Letter

0 2

2. Site Mobilisation, Site office opening & Preparatory works

0.5 1.5

3. Topography & Geo technical investigations

1 2

4. Approval of Details Required (DR) category Vendors

1.5 2.5

5. Basic Engineering & approvals (Solar Plant)

- Approval of Solar

plant Layout - MMS-Structure

and foundation design

- Data sheet-

Modules, Inverters and transformers

- Foundation drawings for control and Inverter rooms

0.5 3

69

- Basic Engineering & Approvals (Switchyard)

- Approval of Switchyard Layout

- Approval of Structure and foundation design

6. Ordering of BOIs 1 3 7. Detailed

Engineering and Approvals

2 6

Solar Plant Works –DC Side 8. Civil works –

Foundations for MMS 4 10

9. Supply of Module Mounting Structures

4 9

10. Installation of Module Mounting Structures

5 11

11. Supply of SPV Modules 6 13 12. Installation of SPV

Modules 7 14 13. Supply of DC Cables 6 12 14. Laying of DC Cables 7 13 Solar Plant Works –AC Side

15. Supply of cables, inverter transformer and inverters & other electrical equipments

6 12

16. Installation of cables, inverter transformer and inverters & other electrical equipments & connections to Main Pooling station through 33kV cable (if applicable).

7 13

17. Control room works--Civil and Electrical works

4 11

18. Inverter Room works—Civil & Electrical works

4 11

19. Fencing, Road and Drainage works and other civil works

4 11

70

20. Testing of Equipment and Readiness of SCADA

14 15

Bay & Switchyard Works 21. Input to

Connectivity, LTA, Banking etc.

0 2

22. All associated Civil works required for interfacing with grid and evacuation of power to substation

4 9

23. Supply of bay equipments and Power Transformer

6 12

24. Installation of bay equipments and Power Transformer

9 13

25. Connection from Solar Plant Substation to STU Substation.

7 14

26. Charging of Power Transformer

13 14

Commissioning , Trial Run and Completion of Facilities 27. Commissioning 14 16 28. Stabilization & Trail run 16 17 29. Completion of facilities - 17

Time for completion of facilities under the Package is as per details given in the Appendix-4 to Contract Agreement, Section-VII, Part 3 of 3 of the bidding documents. Further, bidder is also to provide comprehensive Operation and Maintenance (O&M) of Solar Photo Voltaic Plant for a period of ten years.

71

BDS Item No.


Bid Data Sheet

Time for completion of facilities under the Package is as per details given in the Appendix-4 to Contract Agreement, Section-VII, Part 3 of 3 of the bidding documents. Further, bidder is also to provide comprehensive Operation and Maintenance (O&M) of Solar Photo Voltaic Plant for a period of ten years.

8.1 The Bidder shall also be required to submit a brief integrated PERT Network (L2 Schedule) matching the above work schedule. The Master Network shall inter-alia; include the major activities listed below for each of the systems listed above showing their interrelationship and duration so as to meet the schedule dates mentioned at 8.0 above:- (i) Activities to be incorporated in Master Network to be submitted with the bid: 1. Ordering on sub-vendor(s) (wherever applicable) 2. Start of engineering 3. Completion of engineering 4. Start of manufacturing/fabrication 5. Completion of manufacturing/fabrication 6. Readiness and completion of Type Test 7. Commencement of despatch 8. Completion of despatch 9. Start of Erection 10. Commissioning of the System 11. Completion of the Facilities

8.2 The master network and the key milestone dates will be discussed with the successful bidder, if required, and agreed upon before the issue of Notification of Award as per tender schedule. Engineering Drawing and Data Submission Schedule shall also be discussed and finalised before the issue of Notification of Award.

8.3 After the Notification of Award, the contractor shall plan the sequence of work of manufacture, supply and erection to meet the above stated dates of successful completion of facilities and shall ensure all work, manufacture, shop testing, inspection and shipment of the equipment in accordance with the required construction/erection sequence.

9 ITB 27 Bidders shall quote Total Bid price per MU in the BQO form of

72

BDS Item No.


Bid Data Sheet

Financial Part on ISN-ETS Portal. Bidders shall arrive the total Bid Price per MU as under: Total Quoted Bid Price per MU (Q) = (Schedule-1 + Schedule-2 +Schedule-3 + Schedule-6) / Total annual Generation in MU (G) quoted by bidder in Attachment-7P Evaluated Bid Price (EP) shall be equal to Total Quoted Bid Price Bidders to submit the final schedule after the revision of the capacity (if any) due to the detailed survey by the SPD within 3 months from the effective date.

10. Bidders to note that Recurring cost on Transmission line and Switchyard bays till ten years from trial run shall be considered by the bidder in their price bid and shall be included in Price Schedule- 3 . No separate payment shall be made by Employer in this regard.

73

ANNEXURE-I TO BID DATA SHEETS LIST OF BANKS ACCEPTABLE FOR SUBMISSION OF BANK GUARANTEE FOR BID

SECURITY

A. SCHEDULED COMMERCIAL BANKS 1. State Bank of India B. SCHEDULED COMMERCIAL BANKS 1. Allahabad Bank 2. Andhra Bank 3. Bank of India 4. Bank of Maharashtra 5. Canara Bank 6. Central Bank of India 7. Corporation Bank 8. Dena Bank 9. Indian Bank 10. Indian Overseas Bank 11. Oriental Bank of Commerce 12. Punjab National Bank 13. Punjab & Sind Bank 14. Syndicate Bank 15. Union Bank of India 16. United Bank of India 17. UCO Bank 18. Vijaya Bank 19. Bank of Baroda C. SCHEDULED PRIVATE BANKS (INDIAN BANKS) 1. Catholic Syrian Bank 2. City Union Bank 3. Dhanlaxmi Bank Ltd. 4. Federal Bank Ltd. 5. Jammu & Kashmir Bank Ltd. 6. Karnataka Bank Ltd. 7. Karur Vysya Bank Ltd. 8. Lakshmi Vilas Bank Ltd. 9. Nainital Bank Ltd. 10. Kotak Mahindra Bank 11. RBL Bank Ltd. 12. South Indian Bank Ltd. 13. Tamil Nadu Mercantile Bank Ltd.

74

14. ING Vysya Bank Ltd. 15. Axis Bank Ltd. 16. IndusInd Bank Ltd. 17. ICICI Bank 18. HDFC Bank Ltd. 19. DCB Bank Ltd. 20. Yes Bank Ltd. 21. IDFC Bank Limited 22. Bandhan Bank Limited D. SCHEDULED PRIVATE BANKS (FOREIGN BANKS) 1. Abu Dhabi Commercial Bank Ltd 2. Bank of America NA 3. Bank of Bahrain & Kuwait B.S.C. 4. Mashreq Bank p.s.c. 5. Bank of Nova Scotia 6. Crédit Agricole Corporate and Investment Bank 7. BNP Paribas 8. Barclays Bank 9. Citi Bank N.A. 10. Deutsche Bank A.G. 11. The HongKong Shangai Banking Corporation Ltd 12. Societe Generale 13. Sonali Bank Ltd. 14. Standard Chartered Bank 15. J.P. Morgan Chase Bank, National Association 16. State Bank of Mauritius Ltd. 17. DBS Bank Ltd. 18. Bank of Ceylon 19. PT Bank Maybank Indonesia TBK 20. A B Bank 21. Shinhan Bank 22. CTBC Bank Co. Ltd. 23. Mizuho Bank Ltd 24. Krung Thai Bank Public Company Ltd. 25. The Bank of Tokyo-Mitsubishi UFJ Limited. 26. Australia & New Zealand Banking Group Limited 27. Sumitomo Mitsui Banking Corporation 28. American Express Banking Corporation 29. Qatar National Bank SAQ 30. Credit Suisse A.G.

75

31. First Rand Bank Ltd. 32. Industrial & Commercial Bank of China Ltd. 33. JSC VTB Bank 34. National Australia Bank 35. Cooperative Rabobank U.A. 36. Sberbank 37. United Overseas Bank Ltd. 38. Westpac Banking Corporation 39. Woori Bank 40. The Royal Bank of Scotland plc. 41. Doha Bank Qsc 42. Industrial Bank of Korea 43. KEB Hana Bank 44. First Abu Dhabi Bank PJSC 45. Emirates NBD Bank (P.J.S.C) E. OTHER PUBLIC SECTOR BANKS 1. IDBI Bank Ltd.

76

RITES

GENERAL CONDITIONS OF CONTRACT FOR WORKS

JULY 2019

77

RITES LTD: GENERAL CONDITIONS OF CONTRACT FOR WORKS

CONTENTS

S.No. Details Page

SECTION - 7

Conditions of Contract

3 - 8

SECTION - 8

Clauses of Contract

9 - 169

SECTION - 9

RITES Safety Code

170 - 177

SECTION - 10

RITES Model Rules for Protection of Health

and Sanitary Arrangements for

Workers

178 - 187

SECTION - 11

RITES Contractor’s Labour

Regulation

188 - 215

Note: Section Nos. 1 to 6 and Financial Bid (Schedule of Quantities) are contained in RITES Tender and Contract Document which is issued to the Tenderers as a bidding set in case of physical (hard copy) bidding process. In case of E-tendering, the same are available on ISN-ETS Portal for downloading.

78

Section – 7: CONDITIONS OF CONTRACT

79

SECTION - 7

CONDITIONS OF CONTRACT

Definitions:

1. The Contract means the documents forming the tender and acceptance thereof and the formal agreement executed between the competent authority on behalf of the Employer and the Contractor, together with the documents referred to therein including these conditions, the specifications, designs, drawings and instructions issued from time to time by the Engineer-in-Charge and all these documents taken together, shall be deemed to form one Contract and shall be complementary to one another.

Meaning of Expressions

2. In the Contract, the following expressions shall, unless the context otherwise requires, have the meanings, hereby respectively assigned to them:

(i) The expression works or work shall, unless there be something either in the subject or context repugnant to such construction, be construed and taken to mean the works by or by virtue of the c ontract c ontracted to be executed whether temporary or permanent, and whether original, altered, substituted or additional.

(ii) The Site shall mean the land/or other places on, into or through which work is to be executed under the Contract or any adjacent land, path or street through which work is to be executed under the Contract or any adjacent land, path or street which may be allotted or used for the purpose of carrying out the Contract.

(iii) The Contractor shall mean the individual, firm, company or joint venture (if allowed), whether incorporated or not, undertaking the works and shall include the legal personal representative of such individual, or the persons composing such firm, company or joint venture (if allowed) or the successors of such firm, company or joint venture (if allowed) and the permitted assignees of such individual, firm, company or joint venture (if allowed).

(iv) The Employer means the organization as mentioned in Schedule `F’ represented by RITES Ltd. for and on behalf of it, as an Agent/Power of Attorney Holder.

(v) The Engineer-in-charge means the Engineer Officer of RITES Ltd. acting for and on behalf of the Employer as Agent/Power of Attorney Holder and who shall supervise and be in-charge of the work and who shall sign the Contract on behalf of the Employer, as mentioned in Schedule 'F'.

(vi) The Engineer means the person to whom the Engineer-in-charge entrusts as his authorised representative his responsibility to act on his behalf and perform any or all the functions of the Engineer-in-Charge under the Contract. Engineer-in- charge can in his own discretion entrust his responsibilities to act on his behalf and perform any or all the functions of the Engineer-in-Charge under the Contract to

80

more than one person (by whatever name designated in RITES like Site Engineer, Controlling Site Engineer or Project Coordinator etc.). The word “Engineer” in this contract document is applicable to any or all such persons to whom Engineer-in- Charge entrusts his responsibilities.

(vii) Accepting Authority shall mean the authority mentioned in Schedule 'F'.

(viii) Excepted Risks are risks due to war (whether declared or not), invasion, act of foreign enemies, hostilities, civil war, any acts of Government and other causes over which the contractor has no control and accepted as such by Accepting Authority or causes solely due to use or occupation by the Employer of the part of the works in respect of which a certification of completion has been issued or a cause solely due to Employer’s faulty design of works.

(ix) Market Rate shall be the rate as decided by the Engineer-in-charge on the basis of the cost of materials and labour at the site where the work is to be executed plus the percentage mentioned in Schedule 'F' to cover all overheads and profits.

(x) Schedule (s) referred to in these conditions shall mean the relevant schedule (s) annexed to the tender papers or the Standard Schedule of Rates mentioned in Schedule 'F' hereunder, with the amendments thereto issued up to the date of receipt of the tender.

(xi) Specifications means the Technical specifications to be followed by the Contractor on the work to be executed.

(xii) Tendered value means the value of the entire work as stipulated in the letter of award.

(xiii) Date of commencement of the work: It will be the date arrived at after providing for the Mobilization period as stipulated in Schedule F or the first date of handing over of site whichever is later. Time allowed for execution of the work will be reckoned from the Date of commencement of works.

(xiv) Stipulated date of completion: It is the date arrived at by adding the time allowed for completion as specified in Schedule ‘F’ to the date of commencement of the work.

(xv) Replacement Cost means (a) tendered value plus (b) cost of materials supplied by the Employer (assessed cost of such materials if the materials are supplied free of cost) plus 10% of both (a) and (b).

Scope and Performance

3. Where the context so requires, words imparting the singular only also include the plural and vice versa. Any reference to masculine gender shall whenever required include feminine gender and vice versa.

Headings and Marginal Notes

4. Headings and Marginal notes to these General Conditions of Contract shall not be deemed to form part thereof or be taken into consideration in the interpretation or construction thereof or of the Contract.

81

Documentation to be supplied to the Contractor

5. The Contractor shall be furnished free of cost one certified copy of the Contract documents except CPWD standard specifications, CPWD Schedule of Rates and such other printed and published documents, together with all drawings as may be forming part of the tender papers. None of these documents shall be used for any purpose other than that of this Contract.

Works to be carried out

6. The work to be carried out under the Contract shall, except as otherwise provided in these conditions, include all labour, materials, tools, plants, equipment and transport which may be required in preparation of and for and in the full and entire execution and completion of the works. The descriptions given in the Schedule of Quantities (Part 2 of GCC-Financial Bid) shall, unless otherwise stated, be held to include wastage on materials, carriage and cartage, carrying and return of empties, hoisting, setting, fitting and fixing in position and all other labours necessary in and for the full and entire execution and completion of the work as aforesaid in accordance with good practice and recognized principles.

Sufficiency of Tender

7. The Contractor shall be deemed to have satisfied himself before tendering as to the correctness and sufficiency of his tender for the works and of the rates and prices quoted in the Schedule of Quantities, which rates and prices shall, except as otherwise provided, cover all his obligations under the Contract and all matters and things necessary for the proper completion and maintenance of the works.

Discrepancies and Adjustment of Errors

8. The several documents forming the Contract are to be taken as mutually explanatory of one another, detailed drawings being followed in preference to small scale drawings and figured dimensions in preference to scale and Special Conditions in preference to General Conditions.

8.1 In the case of discrepancy between the Schedule of Quantities, the Specifications and/or the Drawings, the following order of preference shall be observed :

i. Description of Schedule of Quantities.

ii. Technical Specifications and Special Conditions/Specifications, if any.

iii. Drawings

iv. CPWD Specifications

v. Indian Standard Specifications of BIS.

8. 2 If there are varying or conflicting provisions made in any one document forming part of the Contract, the Accepting Authority shall be the deciding authority with regard to the intention of the document and his decision shall be final and binding on the Contractor.

82

8. 3 Any error in description, quantity or rate in Schedule of quantities or any omission there from shall not vitiate the Contract or release the Contractor from the execution of the whole or any part of the works comprised therein according to drawings and specifications or from any of his obligations under the Contract.

Signing of Contract

9. (a) The successful tenderer /Contractor, on acceptance of his tender by the

Accepting Authority shall, within 28 days from the Letter of Acceptance of the work

sign the Contract consisting of:

(i) the Notice Inviting Tender and Instructions to Tenderers, all the documents including drawings, if any, forming the tender set as issued at the time of invitation of tender and acceptance thereof together with any correspondence leading thereto.

(ii) General Conditions of Contract for works available in RITES web site <www.rites.com>, consisting of:

- Conditions of Contract

- Clauses of Contract

- RITES Safety Code.

- RITES Model Rules for the protection of health and sanitary arrangements for workers.

- RITES Contractor's Labour Regulations.

(b) Each page of the Contract Agreement should be signed by the Engineer-in- Charge and the Contractor's authorized signatory. If there are any corrections, cuttings, omissions, over writings, insertions etc (after issue of Tender Document) their number should be clearly mentioned on each page of the Contract Document before signing.

(c) No payment for the work done will be made to the Contractor till the Contract Agreement is signed by the Contractor and Performance Guarantee and Additional Performance Guarantee (if applicable) have been submitted by the Contactor.

10. Miscellaneous Conditions of Contract

(i) The Contractor whose tender is accepted will be required to submit an irrevocable Performance Guarantee of 5% (Five Percent) of the tendered amount and Additional Performance Guarantee, if stipulated, for an amount specified in the Letter of Acceptance in any of the forms stipulated in Clause 1 of Clauses of Contract with in the period specified in Schedule ‘F’. In addition, towards Security Deposit a sum at the rate of 5% of the gross amount of each running bill will be deducted till the sum along with the sum already deposited as Earnest Money will amount to Security Deposit of 5% of the tendered value of the work.

http://www.rites.com/

83

(ii) On acceptance of the tender, the name of the accredited representative(s) of the Contractor who would be responsible for taking instructions from the Engineer- in- Charge shall be communicated in writing to the Engineer-in-Charge.

(iii) In case the tender for this work includes in addition to building work all other works such as sanitary and water supply installations, drainage installation, electrical work, landscaping work, roads and paths etc, the tenderer must associate himself with agencies of appropriate class/Government Licensed Agencies after prior approval of Engineer-in-Charge.

(iv) The Contractor shall comply with the provisions of the Apprentices Act 1961, and the rules and orders issued there under from time to time. If he fails to do so his failure will be a breach of the Contract and the Engineer-in-Charge / the Employer may in his discretion without prejudice to any other right or remedy available in law cancel the Contract. The Contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provisions of the said Act.

84

Section – 8: CLAUSES OF CONTRACT

85

SECTION - 8

CLAUSES OF CONTRACT

CONTENTS

CLAUSE NO. SUBJECT 1 Performance Guarantee

1 A Recovery of Security Deposit 2 Compensation for Delay

2 A Incentive for early completion 3 When Contract can be Determined

3 A Action in case of delay in start of work

4 Contractor liable to pay compensation even if action not taken under Clause 3

5 Time and extension for Delay 5A Shifting of Stipulated Date of Completion 6 Measurement of work Done

6 A Computerised Measurement Book

7 Payment on intermediate regarded as Advances

Certificates to be

7A No Running Account bill payable till applicable licenses/registration is obtained.

8 Completion Certificate 8 A Contractor to keep Site Clean

8 B Completion Plans and Operating/Maintenance Manual to be submitted by the Contractor

9 Payment of Final Bill 9 A Payment of Contractor’s Bill to Banks 10 Materials supplied by the Employer

10 A Materials to be provided by the Contractor

10 B Secured Advance on Non-perishable Materials, Mobilisation Advance, Plant Machinery & Shuttering Material Advance, Interest & Recovery

10 C Payment on Account of Increase in Prices/Wages due to Statutory Order (s) – DELETED

10 CA Payment due to variation in prices of materials after receipt of tender - DELETED

10 CC Payment due to increase/decrease in prices/wages after Receipt of Tender for Works

86

CLAUSE NO. SUBJECT 10 D Dismantled Material Employers’ Property

11 Work to be Executed in Accordance with Specifications, Drawings, Orders etc.

12 Deviations/Variations Extent and Pricing

13 Foreclosure of Contract due to Abandonment or Reduction in Scope of Work

14 Taking away part work due to default of the contractor and recovery of additional cost

15 Suspension of Work 16 Action in case Work not done as per specifications

17

Contractor Liable for Damages, defects during maintenance period and Refund of Security Deposit

18 Contractor to Supply Tools & Plants etc. 18 A Recovery of Compensation paid to Workman

18 B Ensuring Payment and Amenities to Workers if Contractor fails

19 Labour Laws to be complied by the Contractor 19 A Employment of Under-age Labour 19 B Payment of wages 19 C Compliance with provisions in Safety Code 19 D Submission of Fortnightly Labour Report

19 E Compliance with the Rules on Health and Sanitary arrangements

19 F Maternity Benefits

19 G Action in case of Non-observance of Rules and Regulations

19 H Provision of Labour Camp with Amenities

19 I Compliance with instructions on removal from site of undesirable person

19 J Unauthorized construction

occupation of building during

19K Employment of skilled/semi-skilled workers 19L Contribution of EPF and ESI

20 Minimum Wages Act to be complied with

21 Work not to be sublet, Action in case of insolvency & lllegal Gratification etc.

87

CLAUSE NO. SUBJECT 22 Payment of Compensation 23 Changes in firm’s Constitution to be intimated

24 Execution of works under the Direction of the Engineer-in-Charge

25 Settlement of Disputes & Arbitration

26 Contractor to Indemnify the Employer against Patent Rights

27 Lumpsum Provisions in Tender 28 Action where no Specifications are specified

29 With-holding and lien in respect of sums due from Contractor

29 A Lien in respect of claims in other Contracts

30 Employment of coal mining or controlled area labour not permissible

31 Unfiltered water supply required for the work 31 A Employer’s water supply, if available 32 Alternate water arrangements 33 Return of Surplus Materials 34 Hire of Plant & Machinery 35 Conditions relating to use of asphaltic materials 36 Employment of Technical Staff and employees 37 Levies/Taxes/Cesses payable by Contractor

37A Royalty payable on Minor Minerals – Employer to be indemnified

38 Conditions for reimbursement of levy/tax/Cess if levied after receipt of tenders

39 Termination of Contract on death of Contractor

40 If a relative working in the Employer’s Organisation then the Contractor not allowed to tender

41 No Gazetted Engineer to work as Contractor within one year of retirement

42 Return of material and recovery for excess material issued

43 Compensation during warlike situations 44 Apprentices Act provisions to be complied with

88

CLAUSE NO. SUBJECT

45 Release of Security Deposit after Labour Officer clearance

45 A

Release of Security Deposit after Clearance by State Government Authority for Mineral Extraction

46.0 General Obligations of the Contractor 46.1 Contractor’s General Responsibilities 46.2 Giving Notices and Payment of Fees 46.3 Compliance with Statutes, Regulations, etc. 46.4 Fossils etc. 46.5 Opportunities for other Contractors 46.6 Interference with Traffic and adjoining properties 46.7 Highways Traffic 46.8 Watching and Lighting 46.9 Way leaves etc. 46.10 Site Office for the Employer 46.11 Electricity Supply required at the works

46.12 Land for Contractor’s Offices, Godown, Workshop

46.13 & 46.13A

Land for Labour Accommodation

46.14 Excavated Material 46.15 Production of vouchers etc by the Contractor 46.16 Law governing the Contract 46.17 Court Jurisdiction

47.0 Insurances to be taken by the Contractor & Employer to be indemnified

47.1 Insurance of Works etc 47.2 Third Party Insurance 47.3 Workmen’s Insurance 47.4 Recovery from the Contractor

47.5 Shortfall in payment to Contracor by the Insurance Company

47.6 Insurance by Sub-Contractors 47.7 Period of Policies 47.8 Remedy on Contractor’s Failure to Insure

47.9 Damage to Persons and Property – Employer to be indemnified

89

CLAUSE NO. SUBJECT 48.0 Safety and Security 48.1 Codes etc to be complied with 48.2 First Aid & Industrial Injuries 48.3 General Safety Rules 48.4 Accidents – Precautions at Worksite 48.5 Electrical Equipments – Precautions 48.6 Maintenance of Safety Devices 48.7 Personal Safety 48.8 Storing Fuel, Oil and Lubricant 48.9 Fire Extinguishing 48.10 Fire Precautions 48.11 Protection arrangements at work site 48.12 Safety Arrangements for labour 48.13 Safety Manual 48.14 Accidents – Reporting 48.15 Security Measures 49.0 Quality Assurance 49.1 Submission of Quality Assurance Manual 49.2 Guidance in preparation 50.0 Ecological Balance 51.0 Execution of Works 51.1 Mobilisation 51.2 Setting out of Works 51.3 Boreholes and Explanatory Excavation 51.4 Temporary Works

51.5 Plant, Temporary Works & Materials – Exclusive use

51.6 Use of Site only for Works 51.7 Name Board at Site 51.8 Site Drainage/Cleaning/Nuisance 51.9 Disposal of Rubbish

51.10 Shift Working 51.11 Urgent Repairs 51.12 Contractor to Search 52.0 Programme and Performance 52.1 Review of Programme 52.2 Progress Reports 52.3 Maintenance of Records & Registers

90

CLAUSE NO. SUBJECT 52.4 Site Co-ordination Meetings 52.5 Site Order Book 52.6 Progress Photographs 53.0 Inspection of Work 53.1 Site Access 53.2 Examination of Work before covering up 53.3 Uncovering and Making Opening 54.0 Quality Audit 55.0 Sample Floor

91

ANNEXURES

CLAUSE No. REF.

SUBJECT

1 (i) Annexure – “A”, Form of Performance Security Bank Guarantee Bond

1A Annexure - “A-1”,Form of Bank Guarantee for replacing Security Deposit from cash to B.G

5.1(b)

Annexure - “A-2”, Form of Bank Guarantee for release of withheld amount for non-achievement of milestone(s)

10A

Annexure –“B-1”, Field Laboratory and Field Testing Instruments, List of Equipments for Field Testing Laboratory

10A Annexure-“B-2”, Special Conditions for Cement and Steel

10B (ii) Annexure- “C”, Proforma for Bank Guarantee for Mobilization Advance

10 B (iii) Annexure-“D”, Proforma for Hypothecation Deed for Plant & Machinery Advance

17 Annexure – “E-1”, Guarantee Bond in Respect of Water Proofing Works

17 Annexure – “E-2”, Guarantee Bond for Anti Termite Treatment Works

25 (3) Annexure – “F”, Form Of contractor’s Notice for Appointment of Arbitrator

37 (A) Annexure – “G”, Indemnity Bond 47.9 Annexure – “H”, Indemnity Bond 10B Annexure - “I” , Indenture for Secured Advances

5.3 Annexure - “J”, Format of Application for Extension of Time

6A, 7 Annexure - “K”, Format of bill

92

SECTION – 8

CLAUSES OF CONTRACT

CLAUSE 1

Performance Guarantee

(i) The contractor shall submit an irrevocable Performance Guarantee of 5% (Five Percent) of the tendered value and also an Additional Performance Guarantee, if his offer is less than 85% of the estimated cost of work put to tender, of an amount by which the bid falls short of 85% of the estimated cost, for the contractor’s proper performance of the contract agreement (notwithstanding and/or without prejudice to any other provisions in the contract) within the period specified in Schedule F from the date of issue of Letter of Acceptance. This period can be further extended by the Engineer-in-Charge up to a maximum period as specified in Schedule ‘F’ on written request of the Contractor stating the reason for delays in procuring the Bank Guarantee, to the satisfaction of the Engineer-in- Charge. This guarantee shall be in the form of F ixed D eposit Receipts or Guarantee Bonds of any Scheduled Commercial Bank or the State Bank of India in accordance with the form given at Annexure ‘A’. The Engineer-in-charge reserves the right to get the Bank Guarantee confirmed from the issuing bank. In case a Fixed Deposit Receipt of any Bank is furnished by the Contractor to the Employer as part of the P erformance Guarantee and Additional Performance Guarantee and the Bank is unable to make payment against the said Fixed Deposit Receipt, the loss caused thereby shall fall on the Contractor and the Contractor shall forthwith on demand furnish additional security to the Employer to make good the deficit.

(ii) The Performance Guarantee and Additional Performance Guarantee shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case the time for physical completion of work gets enlarged, the Contractor shall get the validity of Performance Guarantee and Additional Performance Guarantee extended to cover such enlarged time for completion of work. After recording of the “ Completion Certificate” or “Provisional Certificate of Physical completion” as defined in Clause 8 below for the work by the competent authority, the Performance Guarantee and Additional Performance Guarantee shall be returned to the Contractor, without any interest. The Engineer-in-Charge may return the Additional Performance Guarantee earlier if, in his opinion, the unbalanced portion of the bid has been completed.

(iii) The Engineer-in-charge shall not make a claim under the Performance Guarantee and Additional Performance Guarantee except for amounts to which the Employer is entitled under the Contract (notwithstanding and/or without prejudice to any other

93

provisions in the Contract agreement) in the event of :

(a) Failure by the Contractor to extend the validity of the Performance Guarantee and Additional Performance Guarantee as described herein above, in which event the Engineer-in-Charge may claim the full amount of the Performance Guarantee and Additional Performance Guarantee.

(b) Failure by the Contractor to pay the Employer any amount due, either as agreed by the Contractor or determined under any of the Clauses/ Conditions of the Agreement, within 30 days of the service of notice to this effect by Engineer-in- Charge.

(iv) In lieu of the Performance Guarantee and/or Additional Performance Guarantee,

the Contractor may submit Demand Draft of the like amount issued by a

scheduled commercial bank.

(v) In the event of the Contract being determined or rescinded under provisions of any of

the clause/condition of the Agreement, the Performance Guarantee and Additional Performance Guarantee shall stand forfeited in full and shall be absolutely at the disposal of the Employer.

CLAUSE 1A

Recovery of Security Deposit

The person/persons whose tender(s) may be accepted (hereinafter called the Contractor) shall permit the Employer at the tim1e of making any payment to him for work done under the Contract to deduct a sum at the rate of 5% of the gross amount of each running bill till the sum along with the sum already deposited as Earnest Money will amount to Security Deposit of 5% of the tendered value of the work. Earnest Money shall be adjusted first in the Security Deposit and further recovery of Security Deposit shall commence only when the upto date amount of Security Deposit starts exceeding the Earnest Money. Such deductions will be made and held by the Employer by way of Security Deposit unless he/ they has/ have deposited the amount of Security at the rate mentioned above in cash or Fixed Deposit Receipts. In case a Fixed Deposit Receipt of any Bank is furnished by the Contractor to the Employer as part of the Security Deposit and the Bank is unable to make payment against the said Fixed Deposit Receipt, the loss caused thereby shall fall on the Contractor and the Contractor shall forthwith on demand furnish additional security to the Employer to make good the deficit.

94

All compensations or the other sums of money payable by the Contractor under the terms of this Contract may be deducted from, or paid by the sale of a sufficient part of his Security Deposit or from the interest arising therefrom, or from any sums which may be due to or may become due to the Contractor by the Employer on any account whatsoever and in the event of his Security Deposit being reduced by reason of any such deductions or sale as aforesaid, the Contractor shall within 10 days make good in cash or Fixed Deposit Receipt tendered by the State Bank of India or by Scheduled commercial banks endorsed in favour of the Engineer-in-Charge, any sum or sums which may have been deducted from, or raised by sale of his Security Deposit or any part thereof. The Security Deposit shall be collected from the running bills of the Contractor at the rates mentioned above and the Earnest Money deposited at the time of tenders will be treated as part of the Security Deposit.

Security Deposit may be released against submission of Bank Guarantee (in the format given at Annexure A-1)issued by a scheduled commercial bank or State Bank of India on its accumulation to a minimum amount of Rs. 5.0 Lacs subject to the condition that the amount of any Bank Guarantee except the last one, shall not be less than Rs. 5.0 Lacs. The amount shall be released only after receipt of confirmation of the Bank Guarantee from the issuing bank. Bank Guarantee submitted against Security Deposit shall be initially valid upto the stipulated date of completion of work plus maintenance period defined under clause 17 hereinafter. The Bank Guarantee shall be extended further from time to time when contract period is extended under provisions of clause 2 and 5. Final refund of Security Deposit will be governed by provisions of clause 17 hereof.

CLAUSE 2

Compensation for Delay

If the Contractor fails to maintain the required progress in terms of clause 5 or to complete the work and clear the site on or before the Contract or extended date of completion, he shall, without prejudice to any other right or remedy available under the law to the Employer on account of such breach, pay as agreed compensation the amount calculated at the rates stipulated below as the authority specified in Schedule 'F' (whose decision in writing shall be final and binding) may decide on the amount of tendered value of the work for every completed day/ month (as applicable) that the progress remains below that specified in Clause 5 or that the work remains incomplete.

This will also apply to items or group of items for which a separate period of completion has been specified.

Compensation for delay of work @1.50% of tendered value per month of delay to be computed on per day basis Provided always that the total amount of compensation for delay to be paid under this condition shall not exceed 10% of the Tendered Value of work or of the Tendered Value of the item or group of items of work for which a separate period of completion is originally given.

95

The amount of compensation may be adjusted or set-off against any sum payable to the Contractor under this or any other Contract with the E mployer. In case, the Contractor does not achieve a particular milestone mentioned in Schedule-F, or the rescheduled milestone(s) in terms of Clause 5.4, the amount shown against that milestone shall be withheld, to be adjusted against the compensation levied at the final grant of Extension of Time. Withholding of this amount on failure to achieve a milestone, shall be automatic without any notice to the Contractor. However, if the Contractor catches up with the progress of Work on the subsequent milestone(s), the withheld amount shall be released. In case the Contractor fails to make up for the delay in subsequent milestone(s), amount mentioned against each milestone missed subsequently also shall be withheld. However, no interest, whatsoever, shall be payable on such withheld amount.

CLAUSE 2A

Incentive for early completion

In case, the Contractor completes the work ahead of scheduled completion time, a bonus @1% (one percent) of the tendered value per month computed on per day basis, shall be payable to the Contractor, subject to a maximum limit of 5% (five percent) of the tendered value. The amount of bonus, if payable, shall be paid along with final bill after completion of works. Provided always that provision of the Clause 2A shall be applicable only when so provided in ‘Schedule F’.

CLAUSE 3

When Contract can be Determined

Subject to other provisions contained in this clause, the Engineer-in-Charge may, without prejudice to his any other rights or remedy against the Contractor in respect of any delay, inferior workmanship, any claims for damages and/ or any other provisions of this Contract or otherwise, and whether the date of completion has or has not elapsed, by notice in writing absolutely determine the Contract in any of the following cases.

(i) If the Contractor having been given by the Engineer-in-Charge a notice in writing to rectify, reconstruct or replace any defective work or that the work is being performed in an inefficient or otherwise improper or unworkmanlike manner shall omit to comply with the requirement of such notice for the period of seven days thereafter.

(ii) If the Contractor has, without reasonable cause, suspended the progress of the work or has failed to proceed with the work with due diligence so that in the opinion of the Engineer-in-Charge (which shall be final and binding) he will be unable to secure completion of the work by the date for completion and continues to do so after a notice in writing of seven days from the Engineer-in-Charge.

(iii) If the Contractor fails to complete the work within the stipulated date or items of work with individual date of completion, if any stipulated, on or before such date(s) of completion and does not complete them within the period specified in a notice given in writing in that behalf by the Engineer-in-Charge.

96

(iv) If the Contractor persistently neglects to carry out his obligations under the Contract and/or commits default in complying with any of the terms and conditions of the Contract and does not remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him in that behalf by the Engineer-in-Charge.

(v) If the Contractor shall offer or give or agree to give to any person in the Employer service or to any other person on his behalf, any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any action in relation to the obtaining or execution of this or any other Contract for the Employer.

(vi) If the Contractor shall enter into a Contract with the Employer in connection with which commission has been paid or agreed to be paid by him or to his knowledge, unless the particulars of any such commission and the terms of payment thereof have been previously disclosed in writing to the Accepting Authority/Engineer- in- Charge.

(vii) If the Contractor shall obtain a Contract with the Employer as a result of wrong tendering or other non-bonafide methods of competitive tendering.

(viii) If the Contractor being an individual, or if a firm, any partner thereof shall at any time be adjudged insolvent or have a receiving order or order for administration of his estate made against him or shall take any proceedings for liquidation or composition (other than a voluntary liquidation for the purpose of amalgamation or reconstruction) under any insolvency Act for the time being in force or make any conveyance or assignment of his effects or composition or arrangement for the benefit of his creditors or purport so to do, or if any application be made under any Insolvency Act for the time being in force for the sequestration of his estate or if a trust deed be executed by him for benefit of his creditors.

(ix) If the Contractor being a company shall pass a resolution or the court shall make an order that the company shall be wound up or if a receiver or a manager on behalf of a creditor shall be appointed or if circumstances shall arise which entitle the Court or the Creditor to appoint a receiver or a manager or which entitles the court to make a winding up order.

(x) If the Contractor shall suffer an execution being levied on his goods and allow it to be continued for a period of 21 days.

(xi) If the Contractor assigns, transfers, sublets (engagement of labour on a piece- work basis or of labour with materials not to be incorporated in the work, shall not be deemed to be subletting) or otherwise parts with or attempts to assign, transfer, sublet or otherwise parts with the entire works or any portion thereof without the prior written approval of the Accepting Authority;

When the Contractor has made himself liable for action under any of the cases aforesaid, the Engineer-in-charge, on behalf of the Employer, shall have powers :

(a) To determine the Contract as aforesaid (of which termination notice in writing to the Contractor under the hand of Engineer-in-Charge shall be conclusive evidence). Upon such determination, the Earnest Money Deposit, Security Deposit already recovered Performance Guarantee and Additional Performance Guarantee (if any) under the Contract shall be liable to be forfeited and shall be absolutely at the disposal of the Employer.

(a) (i) Further, the contractor shall be deemed to be declared a ‘Poor Performer’ as per Clause 52.7 hereinafter (without issuance of any notice in this regard) and shall not

97

be eligible for a period of upto two years, to participate in tenders of other works which may be invited by RITES Ltd.

(b) After giving notice to the Contractor to measure up the work of the Contractor and to take such whole, or the balance or part thereof, as shall be un-executed out of his hands and to give it to another Contractor to complete the work. The Contractor, whose Contract is determined as above, shall not be allowed to participate in the tendering process for the balance work.

In the event of above courses being adopted by the Engineer-in-charge, the Contractor shall have no claim to compensation for any loss sustained by him by reasons of his having purchased or procured any materials or entered into any engagements or made any advances on account or with a view to the execution of the work or the performance of the Contract. And in case action is taken under any of the provision aforesaid, the Contractor shall not be entitled to recover or be paid any sum for any work thereof or actually performed under this Contract unless and until the Engineer- in- Charge has certified in writing the performance of such work and the value payable in respect thereof and he shall only be entitled to be paid the value so certified.

CLAUSE 3A

Action in case of delay in start of work

In case, the work cannot be started due to reasons not within the control of the Contractor within 1/8th of the stipulated time for completion of work, either party may close the Contract. In such eventuality, the Earnest Money deposit, the Performance Guarantee and Additional Performance Guarantee (if any) of the Contractor shall be refunded, but no payment on account of Interest, loss of profit or damages etc. shall be payable at all.

CLUASE 4

Contractor liable to pay compensation even if action not taken under Clause 3

In any case in which any of the powers conferred upon the Engineer-in-Charge by Clause 3 hereof, shall have become exercisable and the same are not exercised, the non- exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall notwithstanding be exercisable in the event of any future case of default by the Contractor and the liability of the Contractor for compensation shall remain unaffected. In the event of the Engineer-in-Charge putting in force all or any of the powers vested in him under the preceding clause he may, if he so desires after giving a notice in writing to the Contractor, take possession of (or at the sole discretion of the Engineer-in-Charge which shall be final and binding on the Contractor) use as on hire (the amount of the hire money being also in the final determination of the Engineer-in-Charge) all or any tools, plant, materials and stores, in or upon the works, or the site thereof belonging to the Contractor, or procured by the Contractor and intended to be used for the execution of the work/ or any part thereof, paying or allowing for the same in account at the Contract rates, or, in the case of these not being applicable, at current market rates to be certified by the Engineer-in-Charge, whose certificate thereof shall be final and binding on the Contractor.

98

The Engineer-in-Charge may also direct where required, the clerk of the works, foreman or other authorized agent of the Contractor to remove such tools, plant, materials or stores from the premises (within a time to be specified in such notice). In the event of the Contractor failing to comply with any such requisition, the Engineer-in-Charge may get them removed at the Contractor's expense or sell them by auction or private sale on account of the Contractor and his risk in all respects and the certificate of the Engineer-in- Charge as to the expenses of any such removal and the amount of the proceeds and expenses of any such sale shall be final and conclusive against the Contractor.

CLAUSE 5

Time and extension for Delay

(a) The time allowed for execution of the works as specified in the Schedule 'F' or the extended time in accordance with these conditions shall be the essence of the Contract. The execution of the works shall commence from such time period as mentioned in Schedule ‘F’ from the date of issue of Letter of Acceptance or from the first date of handing over of the site whichever is later. If the Contractor commits default in commencing the execution of the work as aforesaid, the Employer shall without prejudice to any other right or remedy available in law, be at liberty to forfeit the Earnest Money, Performance Guarantee and Additional Performance Guarantee (if any) absolutely.

(b) As soon as possible after the Contract is concluded the Contractor shall submit a Net work (PERT/CPM) Time and Progress Chart for each activity and milestone and get it approved by the Engineer-in-Charge. The Chart shall be prepared in direct relation to the time stated in the Contract documents for completion of items of the works. It shall indicate sequence of various activities of the phased requirement of plant and equipment to be deployed by the Contractor, the forecast of the dates of commencement and completion of various trades of sections of the work and may be amended as necessary by agreement between the Engineer-in-Charge and the Contractor within the limitations of time imposed in the Contract documents, and further to ensure good progress during the execution of the work, the Contractor shall in all cases in which the time allowed for any work, exceeds one month (save for special jobs for which a separate programme has been agreed upon) complete the work as per milestones given in Schedule 'F' failing which the amounts specified in Schedule ‘F’ shall be withheld for non-achievement of milestones. The withheld amount may be released when the subsequent milestone(s) is/are achieved. The withheld amount may also be released against submission of Bank Guarantee of equivalent amount issued by a scheduled commercial bank in the format given at Annexure A-2 after confirmation of the Bank Guarantee by the issuing bank.

(c) Method of Working

(i) The Contractor shall also submit to the Engineer-in-Charge for his approval the

Method Statement supported by the following information -

(a) A general tentative lay out plan of construction plant and equipment for the

execution of work within time period stipulated in schedule.

99

(b) Drawings showing the locations of major plants and other facilities which he proposes to put up at the site, including any changes in the general layout, at least 15 days prior to the commencement of the respective work.

(c) Layout and details of temporary works that the Contractor wants to carry out to fulfill his obligation under the Contract.

(ii) Within 7 days, the Engineer-in-charge through the Engineer shall give his approval to proceed with work with or without modification. However acceptance of programme and method of working as submitted by the Contractor or with any modification thereto by the Engineer-in-Charge shall not relieve the Contractor of any of his contractual obligation.

(iii) All these programmes and plans submitted by the Contractor and approved by the Engineer-in-Charge shall become part of the Contract.

(iv) The acceptance of programmes as submitted by the Contractor or with any

modification thereto by the Engineer-in-Charge shall not entitle the. Contractor

for any extension of time unless delay, if any, is expressly sanctioned by the

Engineer-in-Charge.

(d) Plant Requirements

The Contractor shall submit, with the programme and method statement mentioned above a comprehensive plant schedule which shall include the dates of arrival on and removal from site of each major item of plants.

(e) Sufficiency of Resources

The Contractor shall take upon himself the full and entire responsibility for the sufficiency of plants, centering, scaffolding, timbering, machinery, tools and implements and generally for all means used for the fulfillment of the Contract notwithstanding any previous approval or recommendation that may have been given by the Engineer.

If the work (s) be delayed by : I. force majeure, or II. abnormally bad weather, or

III. serious loss or damage by fire, or IV. civil commotion, local commotion of workmen, strike or lockout, affecting any

of the trades employed on the work, or V. delay on the part of other Contractors or tradesmen engaged by Engineer-in-

Charge in executing work not forming part of the Contract, or VI. non-availability of stores, which are the responsibility of the Employer to

supply or VII. non-availability or break down of tools and plant to be supplied or supplied by

the Employer, or VIII. any other cause which, in the absolute discretion of the Engineer-in-

Charge is beyond the Contractor's control.

then upon the happening of any such event causing delay, the Contractor shall

100

immediately give notice thereof in writing to the Engineer-in-Charge but shall nevertheless use constantly his best endeavours to prevent or make good the delay and shall do all that may be reasonably required to the satisfaction of the Engineer-in- Charge to proceed with the works.

Request for rescheduling of Milestones and extension of time, to be eligible for consideration, shall be made by the Contractor in writing to the Engineer-in-Charge through the Engineer in the format given at Annexure-J as soon as possible after the happening of the event causing delay. Such request shall, however, be made not later than three months prior to the stipulated date of completion in respect of all hindrances encountered till then. For subsequent hindrances the request for extension of time shall be submitted in the same format not later than 30 days prior to the stipulated date of completion or previously extended date of completion. While requesting for extension of time,the Contractor may also, if practicable, indicate the period for which extension is desired.

In any such case the Engineer-in-Charge may give a fair and reasonable extension of time and reschedule the milestones for completion of work. Such extension shall be communicated to the Contractor by the Engineer-in-Charge in writing, within 3 months of the date of receipt of such request. Non application by the Contractor for extension of time shall not be a bar for giving a fair and reasonable extension by the Engineer-in-Charge and this shall be binding on the Contractor.

CLAUSE 5A

Shifting of Stipulated Date of Completion (Refer Clause 10CC herein below)

The authority specified in Schedule “F” may, at the written request of the contractor, shift the stipulated date of completion only if the execution of work is delayed (net delay) by more than 25% of the time allowed for completion, and the reasons for such delay are solely attributable to the Employer or the Engineer-in-Charge. Delays attributable to other causes or to the contractor, shall not be considered.

The decision of the competent authority regarding shifting of the stipulated date of completion and the extent of shifting shall be final and binding upon the contractor.

The stipulated date of completion so shifted by the competent authority shall be considered for the purpose of Clause 10CC as the stipulated date of completion.

CLAUSE 6

Measurement of Work Done

Engineer-in-charge shall, through the Engineer or Engineer’s representative, except as otherwise provided, ascertain and determine by measurement the value in accordance with the Contract of work done.

All measurements of all items having financial value shall be entered in Measurement Book and/or level field Book so that complete record is obtained of all works performed under the

101

Contract.

All measurements and levels shall be taken jointly by the Engineer or his authorized representative and by the Contractor or his authorized representative from time to time during the progress of the work and such measurements shall be signed and dated by the Engineer and the Contractor or their representatives in token of their acceptance. If the Contractor objects to any of the measurements recorded, a note shall be made to that effect with reason and signed by both the parties. Any measurement taken by the Engineer in the presence of the Contractor or in his absence after due notice has been given to him in consequence of objection made by the Contractor shall be final and binding on the Contractor, and no claim whatsoever shall thereafter be entertained regarding the accuracy and classification of the measurement. If for any reason the Contractor or his authorized representative is not available and the work of recording measurements is suspended by the Engineer or his representative, the Engineer-in-Charge shall not entertain any claim from the Contractor for any loss or damages on this account. If the Contractor or his authorized representative does not remain present at the time of such measurements after the Contractor or his authorized representative has been given a notice in writing three (3) days in advance or fails to countersign or to record objection within a week from the date of the measurement, then such measurements recorded in his absence by the Engineer or his representative shall be deemed to be accepted by the Contractor.

The Contractor shall, without extra charge, provide all assistance with every appliance, labour and other things necessary for measurements and recording levels.

Except where any general or detailed description of the work expressly shows to the contrary, measurements shall be taken in accordance with the procedure set forth in the specifications notwithstanding any provision in the relevant Standard Method of measurement or any general or local custom. In the case of items which are not covered by specifications, measurements shall be taken in accordance with the relevant standard method of measurements issued by the Bureau of Indian standards and if for any item no such standard is available, then a mutually agreed method shall be followed.

The Contractor shall give not less than seven days' notice to the Engineer or his authorized representative incharge of the work before covering up or otherwise placing beyond the reach of measurement any work in order that the same may be measured and correct dimensions thereof be taken before the same is covered up or placed beyond the reach of measurement and shall not cover up and place beyond reach of measurement any work without consent in writing of the Engineer or his authorized representative incharge of the work who shall within the aforesaid period of seven days inspect the work, and if any work shall be covered up or placed beyond the reach of measurements without such notice having been given or the Engineer's consent being obtained in writing, the same shall be uncovered at the Contractor's expense, or in default thereof no payment or allowance shall be made for such work or the materials with which the same was executed.

Engineer-in-Charge or his authorized representative may cause either themselves or through another officer of the Employer to check the measurements recorded jointly or otherwise as aforesaid and all provisions stipulated herein above shall be applicable to such checking of measurements or levels.

It is also a term of this Contract that recording of measurements of any item of work in the

102

measurement book and/ or its payment in the interim, on account or final bill shall not be considered as conclusive evidence as to the sufficiency of any work or material to which it relates nor shall it relieve the Contractor from liabilities from any over measurement or defects noticed till completion of the defects liability period.

CLAUSE 6 A

COMPUTERISED MEASUREMENT BOOK

Clause 6 A will be applicable if stipulated in Schedule ‘F’

Engineer-in-Charge shall, except as otherwise provided, ascertain and determine by measurement the value of work done in accordance with the Contract. All measurements of all items having financial value shall be entered by the Contractor and compiled in the shape of the Computerized Measurement Book having pages of A-4 size as per the format laid down by the Engineer-in-Charge, so that a complete record is obtained of all the items of works performed under the Contract.

All such measurements and levels recorded by the Contractor or his authorized representative from time to time, during the progress of the work, shall be got checked by the Contractor from the Engineer or his authorized representative as per interval of program fixed in consultation with Engineer or his authorized representative. All calculations shall be done using relevant formulae. All carried forward figures be those in the measurement portion or in the abstract, shall have linkage to the cell where from it is carried forward. No quantity without linkage to its reference cell shall be permitted. Measurements thus recorded shall however be admitted for payment only after confirmation of compliance to other stipulations laid down in the contract.

After the necessary corrections made by the Engineer, the measurement sheets shall be

returned to the Contractor for incorporating the corrections and for resubmission to the Engineer for the dated signatures by the Engineer and the Contractor or their representatives in token of their acceptance.

Whenever Bill is due for payment, the Contractor would initially submit draft computerized measurement sheets and these measurements would be got checked/test checked by the Engineer and/or his authorized representative. The Contractor will, thereafter, incorporate such changes arising out of these checks/test checks, in his draft computerized measurements, and submit to the Engineer a computerized Measurement Book, duly bound, and with its pages machine/computer numbered. The Engineer and/or his authorized representative would thereafter check the MB, and record the necessary certificate for their checks/test checks.

The final, fair, computerized Measurement Book given by the Contractor, duly bound, with its pages machine/computer numbered, should be 100% correct, and no cutting or overwriting in the measurements would thereafter be allowed. If at all any error is noticed, the Contractor shall have to submit a fresh computerized MB with its pages duly machine/computer numbered and bound, after getting the earlier MB cancelled by the

103

Engineer. Thereafter, the MB shall be taken in the Engineer’s Office records, and allotted a number as per the Register of Computerized MBs. This shall be done by the Engineer before the corresponding Bill is submitted to the Office of Engineer-in-Charge for payment. The Contractor shall submit two spare copies of such computerized MB’s for the purpose of reference and record by the various officers of the Employer.

The Contractor shall also generate a separate computerized MB containing Abstract of Cost and submit to the Engineer along with the Bill based on these measurements, duly bound, and its pages machine/computer numbered along with two spare copies of the Bill. The Contractor shall submit his bill in the format given at Annexure - K.Thereafter, this Bill will be processed by the Engineer and allotted a number as per the computerized MB record in the same way as done for the Measurement Books meant for measurements and Abstract of Cost.

The contractor shall submit separate soft and hard copies of Measurement Books containing details of measurements and a separate soft and hard copy of abstract of measurements. For recording measurements and also for preparing abstract, the contractor shall use black font with standard type and size. Change of font type, size (font size 12) and colour shall be seen as violation of billing procedure. The contractor shall certify that there are no hidden cells in the computerized measurement books.

If the measurements are taken in connection with a running contract, the contractor shall record a reference to the last set of measurements, if any. If the entire job or contract has been completed, the date of completion shall be mentioned. If the measurements taken are the first set of measurements on a running account or the first and final measurements, this fact shall be suitably noted by the contractor against the entries in the Measurement Book and in the latter case, the actual date of completion shall also be mentioned.

All pages of the measurement book shall have header giving the name of work, contract package in abbreviated form and the footer shall be numbered. Entries shall be recorded continuously, and no blank page left or torn out. Any page or space left blank inadvertently shall be cancelled by diagonal line, the cancellation being attested and dated by the contractor. In cases where “part rate” is claimed for any item, brief reason and rationale for arriving at part rate shall be recorded in the Measurement Book by the Contractor. In such cases the quantities shall be correctly indicated for each part rate (in case of more than one rate assigned for the same item) based on measurements. The Engineer / Engineer-in- Charge reserves the right to modify the part rate and/or the quantity to which such part rate is assigned.

The Contractor shall, without extra charge, provide all assistance with every appliance, labour and other things necessary for checking of measurements/levels by the Engineer-in- Charge or his representative.

Except where any general or detailed description of the work expressly shows to the contrary, measurements shall be taken in accordance with the procedure set forth in the specifications notwithstanding any provision in the relevant Standard Method of measurement or any general or local custom. In the case of items which are not covered by specifications, measurements shall be in accordance with the relevant standard method of measurement issued by the Bureau of Indian Standards and if for any item no such standard is available then a mutually agreed method shall be followed.

104

The Contractor shall give not less than seven days’ notice to the Engineer or his authorized representative in charge of the work before covering up or otherwise placing beyond the reach of checking and/or test checking the measurement of any work in order that the same may be checked and/or test checked and correct dimensions thereof be taken before the same is covered up or placed beyond the reach of checking and/or test checking measurement and shall not cover up and place beyond reach of measurement any work without consent in writing of the Engineer or his authorized representative in charge of the work who shall with the aforesaid period of seven days inspect the work, and if any work shall be covered up or placed beyond the reach of checking and/or test checking measurements without such notice having been given or the Engineer’s consent being obtained in writing the same shall be uncovered at the Contractor’s expense, or in default thereof no payment or allowance shall be made for such work or the materials with which the same was executed.

Engineer or his authorized representative may cause either themselves or through another agency to check the measurements recorded by the Contractor and all provisions stipulated herein above shall be applicable to such checking of measurements or levels.

It is also a term of this Contract that checking and/or test checking the measurements of any item of work in the measurement book and/or its payment in the interim, on account of final bill shall not be considered as conclusive evidence as to the sufficiency of any work or material to which it relates and it shall not relieve the contractor from liabilities from any over measurement or defects noticed till completion of the defects liability period.

CLAUSE 7

Payment on intermediate Certificates to be regarded as Advances No payment shall be made for work, estimated to cost Rupees One Lakh or less till after the whole of the work shall have been completed and certificate of completion given. For works estimated to cost over Rupees One Lakh, the interim or running account bills shall be submitted by the contractor in the format given at Annexure ‘K’ for the work executed on the basis of recorded measurements, in triplicate on or before the date of every month fixed for the same by the Engineer-in-Charge. Such interim or running bills shall be submitted along with the supporting documents. The Contractor shall not be entitled to be paid any such interim payment if the gross work done together with net payment/ adjustment of advances for material collected, if any, since the last such payment is less than the amount specified in Schedule 'F', in which case the interim bill shall be prepared on the appointed date of the month after the requisite progress is achieved. The Engineer-in-Charge in his sole discretion may modify the periodicity of running bill from one month to such lesser/longer time as he considers appropriate, Engineer-in-Charge shall arrange to have the bill verified by taking or causing to be taken, where necessary, the requisite measurements of the work. In the event of the failure of the Contractor to submit the bills, Engineer-in-Charge shall prepare or cause to be prepared such bills in which event no claims whatsoever due to delays on payment including that of interest shall be payable to the Contractor. Payment on account of amount admissible shall be made by the Engineer-in-Charge certifying the sum to which the Contractor is considered entitled by way of interim payment at such rates as decided by the Engineer-in-Charge.

75% of bill amount may be paid within 3 working days (excluding the day of submission) of presentation of the bill by the Contractor to the Engineer-in-Charge or his Engineer together with the account of the material issued by the Employer, or dismantled materials, if any. In the case of works outside the headquarters of the Engineer-in-Charge the period of three working

105

days will be extended to five working days. Balance amount of bill may be paid within 15 working days of the presentation of bill. The time limit of 3 days / 5 days/ 15 days mentioned above will be adhered to by the Engineer-in-Charge as far as possible and the contractor will not be entitled to any compensation or claims or damages by way of interest etc. in case of delay in payment.

All such interim payments shall be regarded as payment by way of advances against that payment only and shall not preclude the requiring of bad, unsound and imperfect or unskilled work to be rejected, removed, taken away and reconstructed or re-erected. Any certificate given by the Engineer-in-Charge relating to the work done or materials delivered forming part of such payment, may be modified or corrected by any subsequent such certificate (s) or by the final certificate and shall not by itself be conclusive evidence that any work or materials to which it relates is/ are in accordance with the Contract and specifications. Any such interim payment or any part thereof shall not in any respect conclude, determine or affect in any way powers of the Engineer-in-Charge. Under the Contract or any of such payments be treated as final settlement and adjustment of accounts or in anyway vary or affect the Contract.

Pending consideration of extension of date of completion, interim payments shall continue to be made as herein provided, without prejudice to the right of the Employer to take action under the terms of this Contract for delay in the completion of work, if the extension of date of completion is not granted by the competent authority.

The Engineer-in-Charge in his sole discretion on receipt of written request from Contractor and on the basis of a certificate from the Engineer may make interim advance payments without detailed measurements for work done at 75% of the assessed value based on approximate quantities executed. The advance payments so allowed shall be processed like any other interim bill and given a separate bill number. Such payment shall be adjusted in the subsequent interim bill by taking detailed measurements thereof. If at any stage, in the opinion of Engineer-in-Charge, it is found that the amount of interim advance payment (without detailed measurements) claimed by the Contractor was excessive, this facility of interim advance payment shall be withdrawn.

Since the Contract is being entered into with the Contractor by RITES acting for and on behalf of the Employer as Agent/Power of Attorney Holder, no Bill will be paid unless sufficient funds have been made available by the Employer.

CLAUSE 7A

No Running Account Bill shall be paid for the work till the applicable labour licenses, registration with EPFO, ESIC and BOCW Welfare Board, whatever applicable are submitted by the contractor to the Engineer-in-Charge.

CLAUSE 8

Completion Certificate

Within ten days of the completion of the work, the Contractor shall give notice of such completion to the Engineer-in-Charge and within thirty days of the receipt of such notice the Engineer-in-Charge shall inspect the work and if there is no defect in the work shall furnish the Contractor with a final certificate of completion, otherwise a provisional certificate of physical completion indicating defects (a) to be rectified by the Contractor and/or (b) for which payment will be made at reduced rates, shall be issued. Provisional Certificate of Physical Completion will be issued only after the Contractor has completed the entire scope of

106

work allotted to him except for:

i) the work not required to be done by the Employer; and / or

ii) some minor defects which do not affect the usage and structural integrity of the work; and / or

iii) some minor incompletions which are dependent upon completion of work by other agencies.

But no final certificate of completion shall be issued, nor shall the work be considered to be complete until the Contractor shall have removed from the premises on which the work shall be executed all scaffolding, surplus materials, rubbish and all huts and sanitary arrangements required for his/ their work people on the site in connection with the execution of the works as shall have been erected or constructed by the Contractor (s) and cleaned off the dirt from all wood work, doors, windows, walls, floor or other parts of the building, in, upon, or about which the work is to be executed or of which he may have had possession for the purpose of the execution thereof, and not until the work shall have been measured by the Engineer-in-Charge. If the Contractor shall fail to comply with the requirements of this Clause as to removal of scaffolding, surplus materials and rubbish and all huts and sanitary arrangements as aforesaid and cleaning off dirt on or before the date fixed for the completion of work, the Engineer-in- Charge may at the expense of the Contractor remove such scaffolding, surplus materials and rubbish etc. and dispose of the same as he thinks fit and clean off such dirt as aforesaid, and the Contractor shall have no claim in respect of scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof.

CLAUSE 8A

Contractor to keep Site Clean

When the annual repairs and maintenance of works are carried out, the splashes and droppings from white washing, colour washing, painting etc. on walls, floor, windows, etc. shall be removed and the surface cleaned simultaneously with the completion of these items of work in the individual rooms, quarters or premises etc. where the work is done without waiting for the actual completion of all the other items of work in the Contract. In case the Contractor fails to comply with the requirements of this clause, the Engineer-in- charge shall have the right to get this work done at the cost of the Contractor either departmentally or through any other agency. Before taking such action the Engineer-in- Charge shall give ten days notice in writing to the Contractor.

CLAUSE 8B

Completion Plans and Operating /Maintenance Manual to be submitted by the Contractor

The Contractor shall submit Completion plans for all Civil, Sanitary, Plumbing, Structural and all other types of works as applicable, within thirty days of the completion of the work. The Contractor shall submit complete `record' drawings periodically corrected to show each and every change from working drawings, on tracings/reproducibles/CDs, as directed by the Engineer-in-Charge. In case the works include items which require specialized maintenance and/or Plant & Equipment which will require periodic maintenance, the Contractor shall supply along with the Completion Drawings three sets of Operating/Maintenance Manuals as required.

107

In case, the Contractor fails to submit the Completion plan and /or Operating/ Maintenance Manual, as aforesaid, he shall be liable to pay a sum equivalent to 2.5% of the value of the work subject to a ceiling of Rs.5 lakhs (Rupees Five lakhs only) as may be fixed by the Engineer-in-Charge and in this respect the decision of the Engineer- in-charge shall be final and binding on the Contractor.

CLAUSE 9

Payment of Final Bill

The Final Bill shall be submitted by the Contractor in the same manner as specified in interim bills within three months of physical completion of work or within one month of the date of the final certificate of completion furnished by the Engineer-in-Charge whichever is earlier. No further claims shall be made by the Contractor after submission of the Final Bill and these shall be deemed to have been waived and extinguished. Payments of those items of the bill in respect of which there is no dispute and of items in dispute, for quantities and rates as approved by Engineer-in-Charge, will, as far as possible be made within the period specified herein under, the period being reckoned from the date of receipt of the bill by the Engineer-in-Charge or his authorized Engineer, complete with account of materials issued by the Employer and dismantled materials.

(i) If the Tendered value of work is upto Rs.1Crore : 3 months (ii) If the Tendered value of work exceeds Rs.1 Crore : 6 months

The Contractor will not however be entitled to any compensation or claims or damages by way of interest etc. in case of delay in payment.

In case the Contractor fails to submit his final bill along with supporting documents within the time stipulated above for such submission, the Engineer-in-Charge may prepare or cause to be prepared the final bill within six months of the date of final certificate of completion; in such event no claim whatsoever on account of difference in quantities or rates and due to delay in payment, including interest, shall be payable to the Contractor.

CLAUSE 9 A

Payment of Contractor's Bill to Banks

Payment due to the Contractor may, if so desired by him, be made to his Bank, registered financial, co-operative or thrift societies or recognized financial institutions instead of direct to him provided that the Contractor furnishes to the Engineer- in- Charge (1) an authorization in the form of a legally valid document such as power of attorney conferring authority on the Bank, registered financial, cooperative or thrift societies or recognized financial institutions to receive payments and (2) his own acceptance of the correctness of the amount made out as being due to him by the Employer or his signature on the bill or other claim preferred against the Employer before settlement by the Engineer-in-Charge

108

of the account or claim by payment to the Bank, registered financial, cooperative or thrift societies or recognized financial institutions. While the receipt given by such Bank; registered financial, cooperative or thrift societies or recognized financial institutions shall constitute a full and sufficient discharge for the payment, the Contractor shall whenever possible present his bills duly receipted and discharged through his Bank, registered financial, cooperative or thrift societies or recognized financial institutions.

Nothing herein contained shall operate to create in favour of the Bank; registered financial, cooperative or thrift societies or recognized institutions any rights or equities vis-a-vis the Employer.

CLAUSE 10

Materials supplied by the Employer

Materials which the Employer will supply are shown in Schedule 'B' which also stipulates quantum, place of issue and rate (s) to be charged in respect thereof. The Contractor shall be bound to procure them from the Engineer-in-Charge.

As soon as the work is awarded, the Contractor shall finalise the programme for the completion of work as per clause 5 of this Contract and shall give his estimates of materials required on the basis of drawings/ or schedule of quantities of the work. The Contractor shall give in writing his requirement to the Engineer-in-Charge which shall be issued to him keeping in view the progress of work as assessed by the Engineer- in- Charge, in accordance with the agreed phased programme of work indicating monthly requirements of various materials. The Contractor shall place his indent in writing for issue of such materials at least 7 days in advance of his requirement.

Such materials shall be supplied for the purpose of the Contract only and the value of the materials so supplied at the rates specified in the aforesaid schedule shall be set off or deducted, as and when materials are consumed in items of work (including normal wastage) for which payment is being made to the Contractor, from any sum then due or which may therefore become due to the Contractor under the Contract or otherwise or from the Security Deposit. At the time of submission of bills the Contractor shall certify that balance of materials supplied is available at site in original good condition.

The Contractor shall submit along with every running bill (on account or interim bill) material-wise reconciliation statements supported by complete calculations reconciling total issue, total consumption and certified balance (diameter/ section-wise in the case of steel) and resulting variations and reasons therefor. Engineer- in-Charge shall (whose decision shall be final and binding on the Contractor) be within his rights to follow the procedure of recovery in Clause 42 at any stage of work if reconciliation is not found to be satisfactory. The Contractor shall bear the cost of getting the material issued, loading, transporting to site, unloading, storing under cover as required, cutting, assembling and joining the several parts together as necessary. Notwithstanding anything to the contrary contained in any other clause of the Contract all stores/materials so supplied to the Contractor or procured with the assistance of the Employer shall remain the absolute property of the Employer and the Contractor shall be the trustee of the stores/ materials, and the said stores/ materials shall not be removed/ disposed off from the site of the work on any account and shall be at all times open to inspection by the Engineer-in-Charge or his authorized agent. Any such stores/materials remaining unused shall be returned to the Engineer-in-charge in as good a condition in which they were originally supplied at a place directed by him, at a place of

109

issue or any other place specified by him as he shall require, but in case it is decided not to take back the stores/ materials the Contractor shall have no claim for compensation on any account of such stores/ materials so supplied to him as aforesaid and not used by him or for any wastage in or damage to in such stores/ materials.

On being required to return the stores/ materials, the Contractor shall hand over the stores/ materials on being paid or credited such price as the Engineer-in-Charge shall determine, having due regard to the condition of the stores/ materials. The price allowed for credit to the Contractor, however, shall be at the prevailing market rate not exceeding the amount charged to him, excluding the storage charge, if any. The decision of the Engineer-in- Charge shall be final and conclusive. In the event of breach of the aforesaid condition, the Contractor shall in addition to throwing himself open to account for contravention of the terms of the licences or permit and/or for criminal breach of trust, be liable to the Employer for all advantages or profits resulting or which in the usual course would have resulted to him by reason of such breach. Provided that the Contractor shall in no case be entitled to any compensation or damages on account of any delay in supply or non-supply thereof all or any such materials and stores provided further that the Contractor shall be bound to execute the entire work if the materials are supplied by the Employer within the original scheduled time for completion of the work plus 50% thereof or scheduled time plus 6 months whichever is more if the time of completion of works exceeds 12 months but if a part of the materials only has been supplied within the aforesaid period then the Contractor shall be bound to do so much of the work as may be possible with the materials and stores supplied in the aforesaid period. For the completion of the rest of the work, the Contractor shall be entitled to such extension of time as may be determined by the Engineer-in- Charge whose decision in this regard shall be final and binding on the Contractor.

The Contractor shall see that the required quantities of materials are got issued. Any such materials remaining unused and in perfectly good/ original condition at the time of completion or determination of the Contract shall be returned to the Engineer- in- Charge at the stores from which it was issued or at a place directed by him by a notice in writing. The Contractor shall not be entitled for loading, transporting, unloading and stacking of such unused material except for the extra lead, if any involved, beyond the original place of issue. Provided, further that the Contractor shall not be entitled to claim any compensation from the Employer for the loss suffered by him on account of delay by the Employer in the supply of materials in Schedule ‘B’ where such delay is covered by difficulties relating to the supply of wagons, force majeure including non-allotment of such materials by controlling authorities, acts of God, acts of enemies of the State/Country or any reasonable cause beyond the control of the Employer.

CLAUSE 10A

Materials to be provided by the Contractor

The Contractor shall, at his own expense, provide all materials required for the works other than those which are stipulated to be supplied by the Employer.

The Contractor shall, at his own expense and without delay, supply to the Engineer- in- Charge samples of materials to be used on the work and shall get these approved in advance.All such materials to be used on the work shall be in conformity with the specifications laid down or referred to in the Contract. The Contractor shall, if requested by the Engineer-in-charge furnish proof, to the satisfaction of the Engineer- in- Charge that

110

the materials so comply. The Engineer-in-Charge shall within thirty days of supply of samples or within such further period as he may require intimate to the Contractor in writing whether samples are approved by him or not. If samples are not approved, the Contractor shall forthwith arrange to supply to the Engineer-in-Charge for his approval fresh samples complying with the specifications laid down in the Contract. When materials are required to be tested in accordance with specifications, approval of the Engineer-in- Charge shall be issued after the test results are received.

The Contractor shall at his risk and cost submit the samples of materials to be tested or analyzed and shall not make use of or incorporate in the work any materials represented by the samples until the required tests or analysis have been made and materials finally accepted by the Engineer-in-Charge. The Contractor shall not be eligible for any claim or compensation either arising out of any delay in the work or due to any corrective measures required to be taken on account of and as a result of testing of materials.

The Contractor shall, at his risk and cost, make all arrangements and shall provide all facilities as the Engineer-in-Charge may require for collecting, and preparing the required number of samples for such tests at such time and to such place or places as may be directed by the Engineer-in-Charge and bear all charges and cost of testing unless specifically provided for otherwise elsewhere in the Contract or specifications.

The Engineer-in-Charge or his authorized representative shall at all times have access to the works and to all workshops and places where work is being prepared or from where materials, manufactured articles or machinery are being obtained for the works and the Contractor shall afford every facility and every assistance in obtaining the right to such access.

The Engineer-in-Charge shall have full powers to require the removal from the premises of all materials which in his opinion are not in accordance with the specifications and in case of default the Engineer-in-Charge shall be at liberty to employ at the expense of the Contractor, other persons to remove the same without being answerable or accountable for any loss or damage that may happen or arise to such materials.

The Engineer-in- Charge shall also have full powers to require other proper materials to be substituted thereof and in case of default the Engineer-in-Charge may cause the same to be supplied and all costs which may attend such removal and substitution shall be borne by the Contractor.

If stipulated in Schedule ‘F’ the Contractor shall at his own expense, provide a material testing lab at the site for conducting routine field tests. The lab shall be equipped with the testing equipment as specified in Annexure ‘B-1’ except where otherwise stipulated in Schedule ’F’.

The Contractor shall comply with special conditions relating to procurement, testing and storage of cement and steel as given in Annexure ‘B-2’.

111

CLAUSE 10 B

Secured Advance on Non-perishable Materials

(i) The Contractor, on signing an indenture in the form given at Annexure ‘I’ shall be entitled to be paid during the progress of the execution of the work up to

90% of the assessed value of any materials which are in the opinion of the Engineer- in- Charge non-perishable, non-fragile and non-combustible and are in accordance with the Contract and which have been brought on the site in connection therewith and are adequately stored and/ or protected against damage by weather or other causes but which have not at the time of advance been incorporated in the works. When materials on account of which an advance has been made under this sub-clause are incorporated in the work the amount of such advance shall be recovered/deducted from the next payment made under any of the clause or clauses of this Contract.

Such secured advance shall also be payable on other items of perishable nature, fragile and combustible with the approval of the Engineer-in-Charge provided the Contractor provides a comprehensive insurance cover for the full cost of such materials. The decision of the Engineer-in-Charge shall be final and binding on the Contractor in this matter. No secured advance, shall however, be paid on high-risk materials such as ordinary glass, sand, petrol, diesel etc.

Mobilisation Advance

(ii) Mobilisation advance not exceeding 15% of the tendered value may be given, if requested by the Contractor in writing within one month of the order to commence the work. Such advance shall be paid in two equal installments. The first installment of such advance shall be released on a request made by the Contractor to the Engineer-in-Charge in this behalf. The second installment shall be released by the Engineer-in-Charge only after the Contractor furnishes a proof of the satisfactory utilization of the earlier installment to the entire satisfaction of the Engineer-in-Charge. Before any installment of advance is released, the Contractor shall furnish Bank Guarantee Bonds aggregating to 110% of the installment amount and not exceeding three in number from any Scheduled Commercial Bank as per form given in Annexure ‘C’. Mobilisation Advance shall be released only after receipt of confirmation of the Bank Guarantee from the issuing Bank. The BG Bonds shall be furnished initially valid for the full contract period. If the contract period gets extended due to any reasons, the BG Bonds shall be kept renewed from time to time to cover the balance amount to be recovered together with interest @ 10% and valid for the likely period of complete recovery. The BG Bonds shall be discharged progressively depending upon the amount of mobilisation advance recovered along with interest.

Plant, Machinery & Shuttering Material Advance

(iii) An advance for plant, machinery & shuttering material required for the work and brought to site by the Contractor may be given if requested by the Contractor in writing within one month of bringing such plant, machinery or shuttering material to site. Such advance shall be given on such plant, machinery or shuttering material which in the opinion of the Engineer-in-Charge will add to the expeditious execution of work and improve the quality of work. The amount of advance shall be restricted to 5% of tender value. In the case of new plant and equipment to be purchased for the work, the advance shall be restricted to 90% of the price of such new plant and equipment paid by the Contractor for which

112

the Contractor shall produce evidence satisfactory to the Engineer-in-Charge. In the case of second hand and used plants and equipment, the amount of such advance shall be limited to 50% of the depreciated value of plant and equipment as may be decided by the Engineer-in-Charge. The Contractor shall, if so required by the Engineer-in-Charge, submit the statement of value of such old plant and equipment duly approved by a Registered Valuer recognized by the Central Board of Direct Taxes under the Income-Tax Act, 1961. No such advance shall be paid on any plant and equipment of perishable nature and on any plant and equipment of a value less than Rs.50,000/-. Seventy five per cent of such amount of advance shall be paid after the plant and equipment is brought to site and balance twenty five per cent on successfully commissioning the same. Leasing of equipment shall be considered at par with purchase of equipment and shall be covered by tripartite agreement with the following:

1. Leasing company which gives certificate of agreeing to lease equipment to the Contractor.

2. Engineer-in-Charge, and

3. The Contractor This advance shall further be subject to the condition that such plant and equipment (a) are considered by the Engineer-in-Charge to be necessary for the works; (b) and are in and are maintained in working order; (c) hypothecated to the Employer as per proforma of Hypothecation Deed given in Annexure `D', before the payment of advance is released. The Contractor shall not be permitted to remove from the site such hypothecated plant and equipment without the prior written permission of the Engineer- in-Charge. The Contractor shall be responsible for maintaining such plant and equipment in good working order during the entire period of hypothecation falling which such advance shall be entirely recovered in lump sum. For this purpose, steel scaffolding and form work shall be treated as plant & equipment.

The Contractor shall insure the Plant and machinery for which mobilization advance is sought and given, for a sum sufficient to provide for their replacement at site. Any amounts not recovered from the insurer will be borne by the Contractor.

Interest & Recovery

iv) The mobilization advance and plant and machinery advance in (ii) & (iii) above bear simple interest at the rate of 10 per cent per annum and shall be calculated from the date of payment to the date of recovery, both days inclusive, on the outstanding amount of advance. Recovery of such sums advanced shall be made by deduction from the Contractor's bill commencing after first ten percent of the gross value of the work is executed and paid on pro-rata percentage basis to the gross value of the work billed beyond 10% in such a way that the entire advance is recovered by the time eighty percent of the gross value of the Contract is executed and paid together with interest due on the entire outstanding amount up to the date of recovery of the installment. Recovery of advance at any intermediate stage shall be effected, if necessary , by encashment of part Bank Guarantees if the appropriate prorata amount of advance is not available from the work done by the Contractor.

v) If the circumstances are considered reasonable by the Engineer-in-Charge, the period

113

mentioned in (ii) and (iii) for request by the Contractor in writing for grant of mobilization advance and Plant and Machinery advance may be extended in the discretion of the Engineer-in-Charge.

Additional Advance

vi) An Additional Advance, not exceeding 5% of the tendered value, may be given to the

Contractor by the Engineer-in-Charge if, in his opinion, giving of such advance will result in improvement in the pace of construction and its likely completion within the stipulated period or by already extended date of completion. The Additional Advance shall be given against a Bank Guarantee for an amount equal to 115% of the Additional

Advance issued by a scheduled commercial bank in a format similar to that given in

Annexure C. Additional Advance shall not be given unless 50% of the tendered value of work has been completed. The rate of interest chargeable on the Additional Advance shall be 3 (three) percentage points per annum above the Base Rate of State Bank of India on the date of advance. Recovery of such advance shall be made by deduction commencing from the Contractor's first bill received after payment of advance on pro- rata percentage basis to the gross value of the work billed in such a way that the entire advance is recovered by the time eighty percent of the gross value of the Contract is executed and paid together with interest due on the entire outstanding amount up to the date of recovery. Recovery of advance at any intermediate stage shall be effected, if necessary , by encashment of part Bank Guarantees if the appropriate prorata amount of advance is not available from the work done by the Contractor.

vii) Applicability of Clause 10 (B) (ii) to (vi)

Provided always that provisions of Clause B (ii) to (vi) shall be applicable only when so provided in Schedule ‘F’.

CLAUSE 10 C

Payment on Account of Increase in Prices/ Wages due to Statutory Order

(s) Deleted

CLAUSE 10 CA

Payment due to variation in prices of materials after receipt of tender

Deleted

Payment due to increase/decrease in prices/wages after Receipt of Tender for

Works

This clause will be applicable only when so provided in Schedule ‘F’.

114

If the prices of materials (not being materials supplied or services rendered at fixed prices by the Employer in accordance with Clauses 10 & 34 hereof) and/ or wages of labour required for execution of the work increase, the Contractor shall be compensated for such increase as per provisions detailed below and the amount of the Contract shall accordingly be varied, subject to the condition that such compensation for escalation in prices and wages shall be available only for the work done during the stipulated period of the contract including the justified period extended under the provisions of Clause 5 of the contract without any action under Clause-2. However, for works executed during the justified period extended as above, the compensation as detailed below will be limited to the indices/wages prevailing at the time of stipulated date of completion or as prevailing for the period under consideration, whichever is less. Such compensation for escalation in the prices of materials and labour, when due, shall be worked out based on the following provisions:-

i) The base date for working out such escalation shall be the last stipulated date of receipt of tenders including extension, if any.

ii) The cost of work on which the escalation will be payable shall be reckoned as below:

a) Gross value of work done upto this quarter (A)

b) Gross value of work done upto the last quarter (B)

c) Gross value of work done since previous quarter (C) = (A-B)

d) Full assessed value of Secured Advance fresh paid in this quarter (D)

e) Full assessed value of Secured Advance recovered in this quarter (E)

f) Full assessed value of Secured Advance for which escalation ) is payable in this quarter

F = (D – E)

g) Advance payment made during this quarter : (G)

h) Advance payment recovered during this quarter : (H)

i) Advance payment for which escalation is payable in this quarter (I) = (G-H)

j) Extra Items, Substituted Items and Deviated Quantities paid as per Clause 12 based on prevailing market rates plus increase in

royalty paid under Clause 37 B during the quarter:

(J)

Then, M = C + F + I - J N = 0.85 M

k) Less cost of material supplied by the Employer as per Clause 10 and recovered during the quarter

(K)

l) Less cost of services rendered at fixed charges as per Clause 34 and recovered during the quarter

(L)

Cost of work for which escalation is applicable:

W = N - (K + L)

115

iii) Components of cement, steel, materials, labour, POL, etc. shall be pre-determined for every work and incorporated in the conditions of Contract attached to the tender papers included in Schedule 'E'. The decision of the Engineer-in-Charge in working out such percentage shall be final and binding on the Contractors. The percentages stipulated for the different components in Schedule ‘E’ will continue to be applicable even if the percentages vary as per actuals at the stage of execution of works.

iv) The compensation for escalation for cement, steel, materials, and POL shall be worked as per the formula given below :

a) Adjustment for component of 'Cement'

Vc = W x Xc x CI - CIo 100 CIo

Vc : Variation in cement cost i.e. increase or decrease in the amount in rupees to be paid or recovered.

W : Cost of work done, worked out as indicated in sub-para (ii) above.

Xc: Component of cement expressed as percent of the total value of

work

CI: Average of Monthly Wholesale Price Index for Ordinary Portland Cement and Pozzaolana cement for the period under consideration as published by the Economic Advisor to Govt. of India, Ministry of Commerce & Industry (2011-12) series.

CIo : Average of Monthly Wholesale Price Index for Ordinary Portland Cement and Pozzaolana cement valid on the last stipulated date of receipt of tenders (including extension, if any) as published by the Economic Advisor to Govt. of India, Ministry of Commerce & Industry (2011-12) series.

b) Adjustment for component of 'Steel'

Vs = W x Xs x SI - SIo 100 SIo

Vs : Variation in steel cost i.e. increase or decrease in the amount in rupees to be paid or recovered.

W : Cost of work done, worked out as indicated in sub-para (ii) above. Xs

: Component of steel expressed in percent of the total value of work

SI : Average Monthly Wholesale Price Index for (i) Angles, Channels, Sections, Steel (coated/not), (ii) Mild Steel Flat Products, (iii) Hot Rolled Coils & Sheets and (iv) Cold Rolled Coils & Sheets for the period under consideration as published by the Economic Advisor to Govt. of India, Ministry of Commerce & Industry.

SIo: Average Monthly Wholesale Price Index for (i) Angles, Channels,

116

Sections, Steel (coated/not), (ii) Mild Steel Flat Products, (iii) Hot Rolled Coils & Sheets and (iv) Cold Rolled Coils & Sheets for the period under consideration as published by the Economic Advisor to Govt. of India, Ministry of Commerce & Industry as valid on the last stipulated date of receipt of tenders including extension, if any.

c) Adjustment for component of

'Materials'

VM = W x XM x MI - MIo 100 MIo

VM : Variation of material cost i.e. increase or decrease in the amount in rupees to be paid or recovered.

W : Cost of work done, worked out as indicated in sub-para (ii) above.

Xm : Component of 'materials' expressed as percent of the total value of work.

MI : Monthly Wholesale Price Index (2011-12 series) for a l l commodities for the period under consideration as published by Economic Advisor to Govt. of India, Ministry of Commerce & Industry.

MIo :Monthly Wholesale Price Index (2011-12 series) for all commodities valid on the last stipulated date of receipt of tender including

extension, if any, as published by Economic Advisor to Govt. of India, Ministry of Commerce & Industry.

Adjustment for Component of POL

VF = W x Z x FI - FIo 100

FIo

VF : Variation of cost of Fuel, Oil & Lubricant i.e. increase or decrease in the amount in rupees to be paid or recovered.

W : Cost of work done, worked out as indicated in sub-para (ii) above. Z : Component of Fuel, Oil & Lubricant expressed as percent of the total value of

work.

FI Monthly Wholesale Price Index (2011-12 series) for High Speed Diesel for the period under consideration as published by Economic Advisor to Govt. of India, Ministry of Commerce & Industry, New Delhi.

FIo :Monthly Wholesale Price Index (2011-12 series) for High Speed Diesel valid on the last stipulated date of receipt of tender including extension, if any as published by Economic Advisor to Government of India, Ministry of Commerce & Industry.

117

v) The following principles shall be followed while working out the indices mentioned in

para (iv) above.

(a) The compensation for escalation shall be worked out at quarterly intervals and shall be with respect to the cost of work done as per bills paid during the three calendar months of the said quarter. The first such payment shall be made at the end of three months after the month (excluding) in which the tender was accepted and thereafter at three months interval. At the time of completion of work, the last period for payment might become less than 3 months, depending on the actual date of completion.

(b) The index (CI, SI, MI, FI etc.) relevant to any quarter/ period for which such compensation is paid shall be the arithmetical average of the indices relevant to the three calendar months. If the period upto date of completion after the quarter covered by the last such installment of payment, is les than three months, the index CI, SI, MI and FI shall be the average of the indices for the months falling within that period.

vi) The compensation for escalation for labour shall be worked out as per the formula given below :

VL = W x Y x LI - LIo

100 LIo

VL : Variation in labour cost i.e. increase or decrease in the amount in rupees to be paid or recovered.

W : Cost of work done, worked out as indicated in sub-para (ii) of Clause 10 CC.

Y : Component of labour expressed as a percentage of the total value of the work.

LIo : Highest Minimum daily wage in rupees of an unskilled adult male mazdoor, fixed under any law, statutory rule or order as on the last stipulated date of receipt of tender including extension, if any.

LI : Highest Minimum wage in rupees of an unskilled adult male mazdoor, fixed under any law, statutory rule or order as applicable on the last date of the quarter previous to the one under consideration.

vii) The following principles will be followed while working out the compensation as per sub- para (vi) above.

(a) The minimum wage of an unskilled male mazdoor mentioned in sub-para (vi) above shall be the higher of the wage notified by Government of India. Ministry of labour and that notified by the local administration both relevant to the place of work and the period of reckoning. It is not necessary that LIo and LI should be those notified by the

118

same Body.

(b) The escalation for labour also shall be paid at the same quarterly intervals when escalation due to increase in cost of materials and/ or POL is paid under the clause. If such revision of minimum wages takes place during any such quarterly intervals, the escalation compensation shall be payable at revised rates only for work done in subsequent quarters.

(c) Irrespective of variations in minimum wages of any category of labour, for the purpose of this clause, the variation in the rate for an unskilled adult male mazdoor alone shall form the basis for working out the escalation compensation payable on the labour component.

viii) In the event the price of materials and/ or wages of labour required for execution of the work decrease/s, there shall be a downward adjustment of the cost of work so that such price of materials and/or wages of labour shall be deductible from the cost of work under this Contract and in this regard the formula herein before stated under this Clause 10CC shall mutatis mutandis apply, provided that :

(a) no such adjustment for the decrease in the price of materials and/ or wages of labour

aforementioned would be made in case of Contracts in which the Clause 10 CC is not applicable as indicated in Schedule ‘F’.

(b) the Engineer-in-Charge shall otherwise be entitled to lay down the procedure by which the provisions of this sub-clause shall be implemented from time to time and the decision of the Engineer-in-Charge in this behalf shall be final and binding on the Contractor.

(ix) The Contractor shall furnish the basic data, initially and periodically during the course of work about CI, CIö , SI, SIö, MI, MIö, FI, FIö , LI, LIö etc. required for computations under clause 10CC, along with copy of supporting documentary evidence.

CLAUSE 10D

Dismantled Material Employers’ Property

The Contractor shall treat all materials obtained during dismantling of a structure, excavation of the site for a work, etc. as the Employer's Property and such materials shall be disposed off to the best advantage of the Employer according to the instructions in writing issued by the Engineer-in-Charge.

CLAUSE 11

Work to be Executed in Accordance with Specifications, Drawings, Orders etc. The Contractor shall execute the whole and every part of the work in the most substantial and workmanlike manner both as regards materials and otherwise in every respect in strict accordance with the specifications. The Contractor shall also conform exactly, fully and faithfully to the design, drawings and instructions in writing in respect of the work signed by the Engineer-in-Charge and the Contractor shall be furnished free of charge one copy of the Contract documents together with specifications, designs, drawings and instructions as are not included in the standard specifications of Central Public works Department

119

or any other organization specified in Schedule 'F' or in any Bureau of Indian Standard or any other, published standard or code or, Schedule of Rates or any other printed publication referred to elsewhere in the Contract.

Any reference made to the standards, specifications issued by the BIS and other similar organizations shall be deemed to include the latest edition of issue of such standards, specifications and bye-laws including all revisions,

amendments and addenda subsequently issued. Where ISI Standards exist in respect of materials, then the materials shall in all respects comply with the relevant and current ISI. In such cases where ISI Specifications do not exist nearest equivalent International Standards/ Specifications will be followed. In absence of either the specified manufacturers' specifications shall be followed. In absence of all these, the Engineer's instructions shall be followed.

If any ambiguity arises as to the meaning of any of portion of the specifications and drawings or as to execution or quality of any work or material or as to measurement of the works, the decision of the Engineer-in-Charge shall be final and binding on the Contractor.

The Contractor shall comply with the provisions of the Contract and with the care and diligence execute and maintain the works and provide all labour and materials, tools and plants including for measurements and supervision of all works, structural plans and other things of temporary or permanent nature required for such execution and maintenance in so far as the necessity for providing these, is specified or is reasonably inferred from the Contract. The Contractor shall take full responsibility for adequacy, suitability and safety of all the works and methods of construction.

CLAUSE 12

DEVIATIONS/VARIATIONS EXTENT AND PRICING The Engineer-in-Charge shall have power (i) to make alteration in, omissions from, additions to, or substitutions for the original specifications, drawings, designs and instructions that may appear to him to be necessary or advisable during the progress of the work, and (ii) to omit a part of the works in case of non-availability of a portion of the site or for any other reasons and the Contractor shall be bound to carry out the works in accordance with any instructions given to him in writing signed by the Engineer-in-Charge and such alterations omissions, additions or substitutions shall form part of the Contract as if originally provided therein and any altered, additional or substituted work which the Contractor may be directed to do in the manner specified above as part of the works, shall be carried out by the Contractor on the same conditions in all respects including price on which he agreed to do the main work except as hereafter provided. The Contractor shall not carry out any extra item or substituted item or quantity in excess of permitted deviation as stipulated in Schedule 'F' of items covered by Schedule of Quantities, without specific written approval of the Engineer-in- Charge. In all such cases, the Contractor shall advise the Engineer-in-Charge in writing as soon as he observes the necessity for execution of such item or excess quantity.

The time for completion of the works shall, in the event of any deviations resulting in additional cost over the tendered value sum being ordered, be extended, if requested by the Contractor, as follows:

i) In the proportion which the additional cost of the altered, additional or substituted

120

work, bears to the original tendered value plus

ii) 25% of the time calculated in (i) above or such further additional time as may be considered reasonable by the Engineer-in-Charge which decision shall be final and binding on the Contractor.

(a) Deviation, Extra items and Pricing

In the case of extra item (s) (items that are completely new and are in addition to the items contained in the Contract) the Contractor may within fifteen days of receipt of order or occurrence of the item (s) claim rates, supported by proper analysis, for the work and the Engineer-in-Charge shall within one month of the receipt of the claims supported by analysis, after giving consideration to the analysis of the rates submitted by the Contractor, determine the rates on the basis of the market rates and the Contractor shall be paid in accordance with the rates so determined.

(b) Deviation, Substituted Items, Pricing

In the case of substituted items (items that are taken with partial substitution or in lieu of items of work in the Contract) the rate for the agreement item (to be substituted) and substituted item shall also be determined in the manner as mentioned in the following para.

(i) If the market rate for the substituted item so determined is more than the market rate of the agreement item (to be substituted) the rate payable to the Contractor for the substituted item shall be the rate for the agreement item (to be substituted) so increased to the extent

of the difference between the market rates of substituted item and the agreement item (to be substituted).

(ii) If the market rate for the substituted item so determined is less than the market rate of the

agreement item (to be substituted) the rate payable to the Contractor for the substituted item shall be the rate for the agreement item (to be substituted) so decreased to the extent of the difference between the market rates of substituted item and the agreement item (to be substituted).

(c) Deviation, Deviated Quantities, Pricing

In the case of Contract items, Substituted items and Contract cum Substituted items which exceed the limit laid down in Schedule ‘F’ the following procedure shall be followed in making payment for the Quantity as actually executed.

(i) If the Contract Quantity is A units and Deviation percentage stipulated in Schedule’ F’ is B%, the payment will be effected at Contract BOQ unit rate for that item for the Quantity (A + A x B ) termed as (say) C .

100

(ii) For the Quantity exceeding C and upto 1.20C, payment will be effected at 97% of Contract BOQ unit rate.

(iii) For the Quantity exceeding 1.20C, the Contractor may within fifteen days of receipt of order or occurrence of the extra, claim revision of the rate supported by proper analysis. If the rate so claimed is in excess of 97% of Contract BOQ unit rate for that item, the Engineer-in-Charge shall within one month of receipt of the claim supported by analysis, and after giving consideration to the analysis of the

121

rates submitted by the Contractor, determine the rate on the basis of the market rates and the Contractor shall be paid in accordance with the rate as determined. In case where the Contractor does not submit any claim for revision of rate and the Engineer-in-Charge is of the opinion that even 97% of Contract BOQ unit rate is on the higher side, he can determine the rate on the basis of the market rate analysis and the Contractor shall be paid in accordance with such revised rate as determined by the Engineer-in-Charge.

In case the quantity executed is less than the Contract Quantity for any item, payment will be effected at the Contract BOQ rate if the executed quantity is within the Deviation limit stipulated in Schedule ‘F’. If the executed quantity is even lesser than that the payment will still be effected only at BOQ rate for the full quantity as executed.

The Contractor shall send to the Engineer-in-Charge once every three months an upto date account giving complete details of all claims for additional payments to which the Contractor may consider himself entitled and of all additional work ordered by the Engineer-in-Charge which he has executed during the preceding quarter failing which the Contractor shall be deemed to have waived his right. However, the Engineer-in-Charge may authorize consideration of such claims on merits.

For the purpose of operation of Schedule ‘F’, except in cases where there is a specific definition of Foundation in Schedule ‘F’, the following works shall be treated as works relating to foundation.

i) For Buildings: All works upto 1.2 meters above ground level or upto floor 1 level, whichever is lower.

ii) For abutments, piers and well steining:- All works upto 1.2 m above the bed level.

iii) For retaining walls, wing walls, compound walls, chimneys, over head reservoirs/tanks and other elevated structures: All works upto 1.2 metres above the ground level.

iv) For reservoirs/tanks (other than overhead reservoirs/tanks). All works upto 1.2 m above the ground level.

v) For basement: All works upto 1.2 m above ground level or upto floor 1 level,

whichever is lower.

vi) For Roads, all items of excavation and filling including treatment of sub-base.

Any operation incidental or necessarily has to be in contemplation of tenderer while filing tender, or necessary for proper execution of the item included in the Schedule of quantities or in the Schedule of Rates mentioned above, whether or not, specifically indicated in the description of the item and the relevant specifications, shall be deemed to be included in the rates quoted by the tenderer or the rate given in the said Schedule of Rates, as the case may be. Nothing extra shall be admissible for such operations.

122

CLAUSE 13

Foreclosure of Contract due to Abandonment or Reduction in Scope of Work If at any time after acceptance of the tender the Employer shall decide to abandon or reduce the scope of the works for any reason whatsoever and hence not require the whole or any part of the works to be carried out, the Engineer-in-Charge shall give notice in writing to that effect to the Contractor and the Contractor shall act accordingly in the matter. The Contractor shall have no claim to any payment of compensation or otherwise whatsoever, on account of any profit or advantage which he might have derived from the execution of the works in full but which he did not derive in consequence of the foreclosure of the whole or part of the works.

The Contractor shall be paid at the rates as stipulated in Clause 12 for works executed at site and, in addition, a reasonable amount as certified by the Engineer-in-Charge whose decision shall be final and binding on the Contractor, for the items hereunder mentioned which could not be utilized on the work to the full extent in view of the foreclosure:

i) Any expenditure incurred on preliminary site work, e.g. temporary access roads, temporary labour huts, staff quarters and site office, storage accommodation and water storage tanks.

ii) The Employer shall have the option to take over Contractor's materials or any part thereof either brought to site or of which the Contractor is legally bound to accept delivery from suppliers (for incorporation in or incidental to the work) provided, however, the Employer shall be bound to take over the materials or such portions thereof as the Contractor does not desire to retain. For materials taken over or to be taken over by the Employer cost of such materials as detailed by Engineer-in- Charge shall be paid. The cost shall, however, take into account purchase price, cost of transportation and deterioration or damage which may have been caused to materials whilst in the custody of the Contractor.

iii) If any materials supplied by the Employer are rendered surplus, the same except normal wastage shall be returned by the Contractor to the Employer at rates not exceeding those at which these were originally issued less allowance for any deterioration or damage which may have been caused whilst the materials were in the custody of the Contractor. In addition, cost of transporting such materials from site to the Employer's stores, if so required by the Employer shall be paid.

iv) Reasonable compensation for transfer of T & P from site to Contractor's permanent stores or to his other works, whichever is less. If T & P are not transported to either of the said places, no cost of transportation shall be payable.

v) Reasonable compensation for repatriation of Contractor's site staff and imported labour to the extent necessary.

The Contractor shall, if required by the Engineer-in-Charge furnish to him books of account, wage books, time sheets and other relevant documents and evidence as may be necessary to enable him to certify the reasonable amount payable under this condition.

123

The reasonable amount of items on (i), (iv) and (v) above shall not be in excess of 2% of the cost of the work remaining incomplete on the date of closure, i.e. total stipulated

124

cost of the work as per accepted tender less the cost of work actually executed under the Contract and less the cost of Contractor's materials at site taken over by the Employer as per item (ii) above. Provided always that against any payments due to the Contractor on this account or otherwise, the Engineer-in-Charge shall be entitled to recover or be credited with any outstanding balances due from the Contractor for advance paid in respect of any tool, plants and materials and any other sums which at the date of termination were recoverable by the Employer from the Contractor under the terms of the Contract.

CLAUSE 14 Taking away part work due to default of the Contractor and recovery of additional cost If Contractor:

i) At any time makes default during currency of work or does not execute any part of the

work with due diligence and continues to do so even after a notice in writing of 7 days in this respect from the Engineer-in-Charge; or

ii) Commits default in complying with any of the terms and conditions of the contract and does not remedy it or does not take effective steps to remedy it within 7 days even after a notice in writing is given in that behalf by the Engineer-in-Charge; or

iii) Fails to complete the work(s) or items of work with individual dates of completion, on or before the date (s) so determined, and does not complete them within the period specified in the notice given in writing in that behalf by the Engineer-in-Charge.

The Engineer-in-Charge on behalf of the Employer, without invoking action under clause 3 may, without prejudice to any other right or remedy against the contractor which have either accrued or accrue thereafter to the Employer, by a notice in writing to take the part work / part incomplete work of any item (s) out of his hands and shall have powers to:

a) Take possession of the site and any materials, constructional plant, implements, stores

etc., thereon; and / or

b) Carry out the part work / part incomplete work of any item (s) by any other Agency.

In such an event, the Contractor shall be liable for loss / damage suffered by the Employer because of action under this clause and to compensate for this loss or damage, the Employer shall be entitled to recover a sum equivalent to 20% of the value of the part work / part incomplete work so taken away subject to a maximum limit of 10% of the Tendered value of the work. The value of the work taken away shall be calculated for the items and Quantities taken away, at the Agreement rates including price variation as applicable on the date when notice in writing for taking away part work, was issued to the Contractor. The Contractor from whom part work is being taken out, shall not be allowed to participate in the tendering process for carrying out such work. The amount to be recovered from the Contractor as determined above, shall, without prejudice to any other right or remedy available to the Employer as per law or as per agreement, will be recovered from any money due to the Contractor on any account, and if such money is insufficient, the contractor shall be called upon in writing and he shall be liable to pay the same within 30 days.

125

If the contractor fails to pay the required sum within the aforesaid period of 30 days, the Engineer-in-Charge on behalf of the Employer shall have the right to sell any or all of the Contractor’s unused materials, constructional plant, implements, temporary building at site etc., and adjust the proceeds of sale thereof towards the dues recoverable from the contractor under the contractor and if thereafter there remains any balance outstanding, it shall be recovered in accordance with the provisions of the contract.

In the event of above course being adopted by the Engineer-in-Charge, the contractor shall have no claim to compensation for any loss sustained by him by reasons of his having purchased or procured any materials or entered into any engagements or made any advance on any account or with a view to the execution of the work or the performance of the contract.

CLAUSE 15

Suspension of Work

i) The Contractor shall, on receipt of the order in writing of the Engineer-in-Charge, (whose decision shall be final and binding on the Contractor) suspend the progress of the works or any part thereof for such time and in such manner as the Engineer-in- Charge may consider necessary so as not to cause any damage or injury to the work already done or endanger the safety thereof for any of the following reasons:

a) on account of any default on the part of the Contractor or;

b) for proper execution of the works or part thereof for reasons other than the default of the Contractor; or

c) for safety of the works or part thereof.

The Contractor shall, during such suspension, properly protect and secure the works to the extent necessary and carry out the instruction given in that behalf by the Engineer-in- Charge.

ii) If the suspension is ordered for reasons (b) and (c) in sub-para (i) above.

a) The Contractor shall be entitled to an extension of time equal to the period of every such suspension plus 25%, for completion of the item or group of items of work for which a separate period of completion is specified in the Contract and of which the suspended work forms a part, and;

b) If the total period of all such suspensions in respect of an item or group of items of work for which a separate period of completion is specified in the Contract exceeds thirty days, the Contractor shall, in addition, be entitled to such compensation as the Engineer-in- Charge may consider reasonable in respect of salaries and/ or wages paid by the Contractor to his employees and labour at site, remaining idle during the period of suspension, adding thereto 2% to cover indirect expenses of the Contractor. Provided the Contractor submits his claim supported by details to the Engineer-in-Charge within fifteen

126

days of the expiry of the period of 30 days. iv) If the works or part thereof is suspended on the orders of the Engineer-in- Charge for more than three months at a time, except when suspension is ordered for reason (a) in sub-para (i) above, the Contractor may after receipt of such order serve a written notice on the Engineer-in-Charge requiring permission within fifteen days from receipt by the Engineer-in-Charge of the said notice, to proceed with the work or part thereof in regard to which progress has been suspended and if such permission is not granted within that time, the Contractor, if he intends to treat the suspension, where it affects only a part of the works as an omission of such part by the Employer or where it affects whole of the works, as an abandonment of the works by the Employer, shall within ten days of expiry of such period of 15 days give notice in writing of his intention to the Engineer-in-Charge. In the event of the Contractor treating the suspension as an abandonment of the Contract by the Employer, he shall have no claim to payment of any compensation on account of any profit or advantage which he might have derived from the execution of the work in full but which he could not derive in consequence of the abandonment. He shall, however, be entitled to such compensation, as the Engineer-in-Charge may consider reasonable, in respect of salaries and/ or wages paid by him to his employees and labour at site, remaining idle in consequence adding to the total thereof 2% to cover indirect expenses of the Contractor provided the Contractor submits his claim supported by details to the Engineer-in-Charge within 30 days of the expiry of the period of 3 months. Provided further that the contractor shall not be entitled to claim any compensation from the Employer for the loss suffered by him on account of delay by the Employer in supply of materials in Schedule ‘B’ where such delay is covered by difficulties relating to the supply of wagons, force majeure including non-allotment of such materials by controlling authorities, acts of God, acts of enemies of the state/country or any reasonable cause beyond the control of the Employer.

CLAUSE 16

Action in case Work not done as per specifications

All works under or in course of execution or executed in pursuance of the Contract shall at all times be open and accessible to the inspection and supervision of the Engineer-in- Charge, his authorized subordinates in charge of the work and all the superior officers, officer of the Quality Control Organization of the Employer or any organization engaged by the Employer for Quality Assurance and of the Chief Technical Examiner's Office, and the Contractor shall, at all times, during the usual working hours and at all other times at which reasonable notice of the visit of such officers has been given to the Contractor, either himself be present to receive orders and instructions or have a responsible agent duly accredited in writing, present for that purpose. Orders given to the Contractor's agent shall be considered to have the same force as if they had been given to the Contractor himself.

If it shall appear to the Engineer-in-Charge or his authorized subordinates incharge of the work or to the Chief Engineer-in-Charge of Quality Control or his subordinate officers or the officers of the organization engaged by the Employer for Quality Assurance or to the Chief Technical Examiner or his subordinate officers, that any work has been executed with unsound, imperfect, or unskillful workmanship, or with materials or articles provided by him for the execution of the work which are unsound or of a quality inferior to that

127

contracted or otherwise not in accordance with the Contract, the Contractor shall, on demand in writing which shall be made within twelve months of the completion of the work from the Engineer-in-Charge specifying the work, materials or articles complained of, notwithstanding that the same may have been passed, certified and paid for, forthwith rectify, or remove and reconstruct the work so specified in whole or in part, as the case may require or as the case may be, remove the materials or articles so specified and provide other proper and suitable materials or articles at his own charge and cost. In the event of his failing to do so within a period specified by the Engineer-in-Charge in his demand aforesaid, then the Contractor shall be liable to pay compensation at the same rate as under clause 2 of the Contract (for non-completion of the work in time) for this default. In such case the Engineer-in-Charge may not accept the item of work at the rates applicable under the Contract but may accept such items at reduced rates as the authority specified in Schedule `F' may consider reasonable during the preparation of on account bills or final bill if the item is so acceptable without detriment to the safety and utility of the item and the structure or he may reject the work outright without any payment and/or get it and other connected and incidental items rectified, or removed and re- executed at the risk and cost of the Contractor. Decision of the Engineer-in-Charge to be conveyed in writing in respect of the same will be final and binding on the Contractor.

CLAUSE 17

Contractor Liable for Damages, defects during Maintenance Period and Refund of Security Deposit

If the Contractor or his working people or servants shall break, deface, injure or destroy any part of building in which they may be working, or any building, road, road kerb, fence, enclosure, water pipe, cables, drains, electric or telephone post or wires, trees, grass or grassland, or cultivated ground contiguous to the premises on which the work or any part is being executed, or if any damage shall happen to the work while in progress, from any cause whatever or if any defect, shrinkage or other faults appear in the work within the maintenance period specified in Schedule F after a certificate final or otherwise of its completion shall have been given by the Engineer-in-Charge as aforesaid arising out of defect or improper materials or workmanship, the Contractor shall upon receipt of a notice in writing on that behalf make the same good at his own expense or in default the Engineer-in-Charge shall cause the same to be made good by other workmen and deduct the expense from any sums that may be due or at any time thereafter may become due to the Contractor, or from his Security Deposit or the proceeds of sale thereof of a sufficient portion thereof. The Security Deposit of the Contractor shall not be refunded before the expiry of the maintenance period mentioned in Schedule F after the issue of the Final Completion Certificate of work,or till the final bill has been prepared and passed whichever is later. Provided that in the case of road work, if in the opinion of the Engineer-in-Charge, half of the Security Deposit is sufficient to meet all liabilities of the contractor under this contract, half of the Security Deposit will be refundable on expiry of half the specified maintenance period and the remaining half after expiry of the full maintenance period from the date of issue of the said certificate of completion or till the Final Bill has been prepared and passed, whichever is later. The Final Completion Certificate may be issued to contractor immediately after rectification of the defects mentioned in Provisional Certificate of Completion to the satisfaction of Engineer-in-charge and clearance of site as stipulated in clause 8 herein before. In case of non-completion of items of works listed in Provisional Certificate of Completion which are dependent on execution by other agencies, the Final

128

Completion Certificate may be issued with a suitable remark by Engineer-in-Charge. The contractor shall execute such works which are dependent on execution by other agencies within the expiry of maintenance period provided that site for execution of such works is made available by Engineer-in-charge at least 3 months before expiry of maintenance period. If the site for such works is not made available to contractor within the period mentioned above, Contractor shall not be bound to carry such works under this contract.

The specialized items of work such as Anti termite treatment, water proofing work, kiln seasoned and chemically treated wooden shutters etc.shall be entrusted to specialized firm or Registered Contractor who shall give specific guarantees that they shall be responsible for removal of any defect cropping up in these works executed by them within the Guarantee period. The form in which the Guarantee is to be executed by the Contractor on a stamp paper of the required value is at Annexure E1 & E2 respectively for Water Proofing Works and Anti Termite Treatment Works.

The Contract shall not be considered as completed until a Maintenance Certificate shall have been signed by the Engineer-in-Charge and delivered to the Employer stating that the works have been completed and maintained to his satisfaction. The Maintenance Certificate shall be given by the Engineer-in-Charge within twenty eight days after the expiry of the Period of Maintenance as stipulated above or as soon thereafter as any works ordered during such period, shall have been completed to the satisfaction of the Engineer-in-Charge and full effect shall be given to this clause, notwithstanding any previous entry on the Works or taking the possession, working or using thereof or any part thereof by the Employer.

In case of Maintenance and Operation works of E & M services, the security deposit deducted from the Contractor shall be refunded within one month from the date of final payment or within one month from the date of completion of the maintenance Contract whichever is earlier.

Not withstanding anything contained in the clause, Security Deposit of the work will not be refunded unless the stipulations in clauses 45 and 45A are complied with.

CLAUSE 18

Contractor to Supply Tools & Plants etc.

The Contractor shall provide at his own cost all materials (except such special materials if any, as may in accordance with the Contract be supplied from the Engineer-in- Charge's stores), machinery, tools and plants, appliances, implements, ladders, cordage, tackle, scaffolding and temporary works required for the proper execution of the work, whether original, altered or substituted and whether included in the specification or other documents forming part of the Contract or referred to in these conditions or not, or which may be necessary for the purpose of satisfying or complying with the requirements of the Engineer-in-Charge as to any matter as to which under these conditions he is entitled to be satisfied, or which he is entitled to require together

129

with carriage therefore to and from the work. The Contractor shall also supply without charge the requisite number of persons with the means and materials, necessary for the purpose of setting out works and counting, weighing and assisting the measurement for examination at any time and from time to time of the work or materials. Failing his so doing the same may be provided by the Engineer-in-Charge at the expense of the Contractor and the expenses may be deducted, from any money due to the Contractor, under this Contract or otherwise and/or from his security deposit or the proceeds of sale thereof, or of a sufficient portions thereof.

List of mandatory machinery, Tools and Plants to be deployed at site shall be as specified in Schedule ‘F’.

CLAUSE 18 A

Recovery of Compensation paid to Workman

In every case in which by virtue of the provisions under sub-section (1) of Section 12 of the Workmen's Compensation Act, 1923, the Employer is obliged to pay compensation to a workman employed by the Contractor, in execution of the works, the Employer will recover from the Contractor the amount of the compensation so paid; and, without prejudice to the rights of the Employer under sub- section (2) of Section 12 of the said Act, the Employer shall be at liberty to recover such amount or any part thereof by deducting it from the Security Deposit or from any sum due by the Employer to the Contractor whether under this Contract or otherwise. The Employer shall not be bound to contest any claim made against it under sub-section (1) Section 12 of the said Act, except on the written request of the Contractor and upon his giving to the Employer full security for all costs for which the Employer might become liable in consequence of contesting such claim.

CLAUSE 18 B

Ensuring Payment and Amenities to Workers if Contractor fails

In every case in which by virtue of the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, and of the Contract Labour (Regulation and Abolition) Central Rules, 1971, the Employer is obliged to pay any amounts of wages to a workman employed by the Contractor in execution of the works, or to incur any expenditure in providing welfare and health amenities required to be provided under the above said Act and the rules under Clause 19H or under the RITES Contractor's Labour Regulations, or under the Rules framed by Government from time to time for the protection of health and sanitary arrangements for workers employed by the Employer's Contractors, the Employer will recover from the Contractor the amount of wages so paid or the amount of expenditure so incurred; and without prejudice to the rights of the Employer under sub-section (2) of Section 20, and sub-section (4) of Section 21, of the Contract Labour (Regulation and Abolition) Act, 1970, the Employer shall be at liberty to recover such amount or any part thereof by deducting it from the Security Deposit or from any sum due by the Employer to the Contractor whether under this Contract or otherwise. The Employer shall not be bound to contest any claim made against it under sub-section (1) of Section 20, sub-

130

section (4) of Section 21, of the said Act, except on the written request of the Contractor and upon his giving to the Employer full security for all costs for which the Employer might become liable in contesting such claim.

CLAUSE 19

Labour Laws to be complied by the Contractor

i) The Contractor shall obtain a valid licence under the Contract Labour (R&A) Act, 1970 and the Contract Labour (Regulation and Abolition) Central rules 1971, before the commencement of the work, and continue to have a valid license until the completion of the work. The Contractor shall also abide by the provisions of the Child Labour (Prohibition and Regulation) Act, 1986.

ii) The Contractor shall also comply with the provisions of Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act 1996 and the Building and Other Construction Workers’ Welfare Cess Act, 1996.

Any failure to fulfill these requirements shall attract the penal provisions of this Contract arising out of the resultant non-execution of the work.

CLAUSE 19 A

Employment of Under-age Labour

No labour below the age of fourteen years shall be employed on the work.

CLAUSE 19 B

Payment of wages :

i) The Contractor shall pay to labour employed by him either directly or through sub- Contractors, wages not less than fair wages as defined in the RITES Contractor's Labour Regulations or as per the provisions of the Contract Labour (Regulation and Abolition) Act 1970 and the Contract Labour (Regulation and Abolition) Central Rules, 1971, wherever applicable.

ii) The Contractor shall, notwithstanding the provisions of any Contract to the contrary,

cause to be paid fair wage to labour indirectly engaged on the work, including any labour engaged by his sub-Contractors in connection with the said

work, as if the labour had been immediately employed by him.

iii) In respect of all labour directly or indirectly employed in the works for performance of the Contractor's part of this Contract, the Contractor shall comply with or cause to be complied with RITES Contractor's Labour Regulations from time to time in regard to payment of wages, wage period, deductions from wages, recovery of wages not paid and deductions unauthorisedly made, maintenance of wage books or wage slips, publication of scale of wages and other terms of employment, inspection and submission of periodical returns and all other matters of the like nature or as per the provisions of

131

the Contract Labour (Regulation and Abolition) Act 1970, and the Contract Labour (Regulation and Abolition) Central Rules, 1971, wherever applicable.

iv) a) The Engineer-in-Charge concerned shall have the right to deduct from the moneys due to the Contractor any sum required or estimated to be required for making good the loss suffered by a worker or workers by reason of nonfulfillment of the conditions of the Contract for the benefit of the workers, non-payment of wages or of deductions made from his or their wages which are not justified by their terms of the Contract or non-observance of the Regulations.

b) Under the provision of Minimum Wages (Central) Rules 1950, the Contractor is bound to allow to the labours directly or indirectly employed in the works one day rest for 6 days continuous work and pay wages at the same rate as for duty. In the event of default, the Engineer-in-Charge shall have the right to deduct the sum or sums not paid on account of wages for weekly holidays to any labours and pay the same to the persons entitled thereto from any money due to the Contractor by the Engineer-in-Charge concerned.

In the case of Union Territory of Delhi, however, as the all-inclusive minimum daily wages fixed under Notification of the Delhi Administration No.F.12 (162) MWO/DAB/43884-91 dated 31.12.1979 as amended from time to time are inclusive of wages for the weekly day of rest, the question of extra payment for weekly holiday would not arise.

v) The Contractor shall comply with the provisions of the Payment of Wages Act, 1936, Minimum Wages Act, 1948, Employees Liability Act, 1938, Workmen's Compensation Act, 1923, Industrial Disputes Act, 1947, Maternity Benefits Act, 1961, the Contractor's Labour (Regulation and Abolition) Act 1970, ESI Act 1948 and EPF & MP Act, 1952 or the modifications thereof or any other laws relating thereto and the rules made thereunder from time to time.

vi) The Contractor shall indemnify and keep indemnified the Employer against payments to be made under and for the observance of the laws aforesaid and the RITES Contractor's Labour Regulations without prejudice to his right to claim indemnity from his sub- Contractors.

vii) The laws aforesaid shall be deemed to be a part of this Contract and any breach thereof shall be deemed to be a breach of this Contract.

viii) Whatever is the minimum wage for the time being, or if the wage payable is higher than such wage, such wage shall be paid by the Contractor to the workmen directly without the intervention of Jamadar and that Jamadar shall not be entitled to deduct or recover any amount from the minimum wage payable to the workmen as and by way of commission or otherwise.

132

ix) The Contractor shall ensure that no amount by way of commission or otherwise is deducted or recovered by the Jamadar from the wage of workmen.

x) The Contractor shall comply with the provisions of EPF & MP Act, 1952 and ESI Act, 1948 and also ensure that all his employees including all construction/site workers are provided with Universal Account Number (UAN) by registering them on the EPFO Portal and that they are registered online under the ESI Scheme

xi) The contractor shall submit proof of recovery and remittance of Employees Provident Fund (EPF), Employees Pension Scheme (EPS), Employees Deposit Linked Insurance (EDLI) and Employees State Insurance (ESI) as and when required.

CLAUSE 19 C

Compliance with provisions in Safety Code

In respect of all labour directly or indirectly employed in the work for the performance of the Contractor's part of this Contract, the Contractor shall at his own expense arrange for the safety provisions as per RITES Safety Code framed from time to time and shall at his own expense provide for all facilities in connection therewith. In case the Contractor fails to make arrangement and provide necessary facilities as aforesaid he shall be liable to pay a penalty of Rs.200/- for each default and in addition the Engineer-in-Charge shall be at liberty to make arrangement and provide facilities as aforesaid and recover the costs incurred in that behalf from the Contractor.

CLAUSE 19 D

Submission of Fortnightly Labour Report

The Contractor shall submit by the 4th and 19th of every month, to the Engineer- in- Charge a true statement showing in respect of the second half of the preceding month and the first half of the current month respectively :

1) the number of labourers employed by him on the work,

2) their working hours,

3) the wages paid to them,

4) the accidents that occurred during the said fortnight showing the circumstances under which they happened and the extent of damage and injury caused by them,

133

and

5) the number of female workers who have been allowed maternity benefit according to Clause 19F and the amount paid to them.

Failing which the Contractor shall be liable to pay to the Employer a sum not exceeding Rs.200/- for each default or materially incorrect statement. The decision of the Engineer- in-Charge shall be final in deducting from any bill due to the Contractor the amount levied as fine and be binding on the Contractor.

CLAUSE 19 E

Compliance with the Rules on Health and Sanitary arrangements

In respect of all labour directly or indirectly employed in the works for the performance of the Contractor's part of this Contract, the Contractor shall comply with or cause to be complied with all the rules framed by RITES from time to time for the protection of health and sanitary arrangements for workers employed by the Employer and its Contractors.

CLAUSE 19 F

Maternity

Benefits

Leave and pay during leave shall be regulated as follows :

1. Leave :

(i) in the case of delivery - maternity leave not exceeding 8 weeks, 4 weeks upto and including the day of delivery and 4 weeks following that day,

(ii) in the case of miscarriage - upto 3 weeks from the date of miscarriage.

2. Pay :

(i) in the case of delivery - leave pay during maternity leave will be at the rate of the women's average daily earnings, calculated on total wages earned on the days when full time work was done during a period of three months immediately preceding the date on which she gives notice that she expects to be confined or at the rate of Rupee one only a day whichever is greater.

(ii) In the case of miscarriage - leave pay at the rate of average daily earning calculated on the total wages earned on the days when full time work was done during a period of three months immediately preceding the date of such miscarriage.

134

3. Conditions for the grant of Maternity Leave :

No maternity leave benefit shall be admissible to a woman unless she has been employed for a total period of not less than six months immediately preceding the date on which she proceeds on leave.

4. The Contractor shall maintain a register of Maternity (Benefit) in the Prescribed form as shown in Appendices I and II in the Proforma of Registers attached to RITES Contractor’s Labour Regulations and the same shall be kept at the place of work.

CLAUSE 19 G

Action in case of Non-observance of Rules and Regulations

In the event of the Contractor committing a default or breach of any of the provisions of RITES' Contractor's Labour Regulations and Model Rules for the protection of health and sanitary arrangements for the workers as amended from time to time or furnishing any information or submitting or filing any statement under the provisions of the above Regulations and Rules which is materially incorrect, he shall, without prejudice to any other liability, pay to the Employer a sum not exceeding Rs.200/- for every default, breach or furnishing, making, submitting, filing such materially incorrect statements and in the event of the Contractor defaulting continuously in this respect, the penalty may be enhanced to Rs.200/- per day for each day of default subject to a maximum of 5 per cent of the estimated cost of the work put to tender. The decision of the Engineer-in-Charge shall be final and binding on the parties. Should it appear to the Engineer-in-Charge that the Contractor is not properly observing and complying with the provisions of the RITES Contractor's Labour Regulations, Model Rules and the provisions of the Contract Labour (Regulation and Abolition) Act 1970, and the Contract Labour (R & A) Central Rules 1971, for the protection of health and sanitary arrangements for work-people employed by the Contractor (hereinafter referred as "the said Rules") the Engineer-in-Charge shall have power to give notice in writing to the Contractor requiring that the said Rules be complied with and the amenities prescribed therein be provided to the work-people within a reasonable time to be specified in the notice. If the Contractor shall fail within the period specified in the notice to comply with and observe the said Rules and to provide the amenities to the work-people as aforesaid, the Engineer-in-Charge shall have the power to provide the amenities hereinbefore mentioned at the cost of the Contractor.. The Contractor shall erect, make and maintain at his own expense and to approved standards all necessary huts and sanitary arrangements required for his/ work-people on the site in connection with the execution of the works, and if the same shall not have been erected or constructed, according to approved standards, the Engineer-in-Charge shall have power to give notice in writing to the Contractor requiring that the said huts and sanitary arrangements be remodelled and/or reconstructed according to approved standards and if the Contractor shall fail to remodel or reconstruct such huts and sanitary arrangements according to approved standards within the period specified in the notice, the Engineer-in-Charge shall have the power to remodel or reconstruct such huts and sanitary arrangements according to approved standards at the cost of the Contractor.

135

CLAUSE 19 H

Provision of Labour Camp with Amenities

The Contractor shall at his own cost provide his labour with a sufficient number of huts (hereinafter referred to as the camp) of the following specifications on a suitable plot of land to be approved by the Engineer-in-Charge.

i) a) The minimum height of each hut at the eaves level shall be 2.10m (7ft.) and the floor area to be provided will be at the rate of 2.7 sq.m. (30 sq.ft.) for each member of the worker's family staying with the labourer.

b) the Contractor shall in addition construct suitable cooking places having at minimum area of 1.80m x 1.50m (6'x5') adjacent to the hut for each family.

c) The Contractor shall also construct temporary latrines and urinals for the use of the labourers each on the scale of not less than four per each one hundred of the total strength, separate latrines and urinals being provided for women.

d) The Contractor shall construct sufficient number of bathing and washing places, one unit for every 25 persons residing in the camp. These bathing and washing places shall be suitably screened.

ii) a) All the huts shall have walls of sun-dried or burnt bricks laid in mud mortar or other

suitable local materials as may be approved by Engineer-in-Charge. In case of sun-dried bricks, the walls should be plastered with mud gobri on both sides. The floor may be kutcha but plastered with mud gobri and shall be at least 15 cm (6") above the surrounding ground. The roofs shall be laid with thatch or any other materials as may be approved by the Engineer-in-Charge and the Contractor shall ensure that throughout the period of their occupation the roofs remain water-tight.

b) The Contractor shall provide each hut with proper ventilation.

c) All doors, windows, and ventilators shall be provided with suitable leaves for security purposes.

d) There shall be kept an open space of at least 7.2m (8 yards) between the rows of

huts which may be reduced to 6m (20 ft.) according to the availability of site with the approval of the Engineer-in-Charge. Back to back construction will be allowed.

iii) Water Supply - The Contractor shall provide adequate supply of water for the use of labourers. The provisions shall not be less than two gallons of pure and wholesome water per head per day for drinking purposes and three gallons of clean water per head per day for bathing and washing purposes. Where piped water supply is available, supply shall be at stand posts and where the supply is from well or river, tanks which may be of metal or masonry, shall be provided. The Contractor shall also at his own cost make arrangements for laying pipe lines for water supply to his labour camp from the existing

136

mains wherever available, and shall pay all fees and charges therefor.

iv) The site selected for the camp shall be high ground, removed from jungle.

v) Disposal of Excreta - The Contractor shall make necessary arrangements for the disposal of excreta from the latrines by trenching or incineration which shall be according to the requirements laid down by the Local Health Authorities. If trenching or incineration is not allowed the Contractor shall make arrangements for the removal of the excreta through the Municipal Committee/authority and inform it about the number of labourers employed so that arrangements may be made by such committee/ authority for the removal of the excreta. All charges on this account shall be borne by the Contractor and paid direct by him to the Municipality/authority. The Contractor shall provide one sweeper for every eight seats in case of dry system.

vi) Drainage - The Contractor shall provide efficient arrangements for draining away sullage water so as to keep the camp neat and tidy.

vii) The Contractor shall make necessary arrangements for keeping the camp area sufficiently lighted to avoid accidents to the workers.

viii) Sanitation - The Contractor shall make arrangements for conservancy and sanitation in the labour camps according to the rules of the Local Public Health and Medical Authorities.

CLAUSE 19 I

Compliance with instructions on removal from site of undesirable person

The Engineer-in-Charge may require the Contractor to dismiss or remove from the site of the work any person or persons in the Contractor’s employ upon the work who may be incompetent or misconduct himself and the Contractor shall forthwith comply with such requirements.

CLAUSE 19 J

Unauthorized occupation of building during construction

It shall be the responsibility of the Contractor to see that the building under construction is not occupied by anybody unauthorisedly during construction, and is handed over to the Engineer-in-Charge with vacant possession of complete building. If such building though completed is occupied illegally, then the Engineer-in-Charge shall have the option to refuse to accept the said building/ buildings in that position. Any delay in acceptance on this account will be treated as the delay in completion and for such delay a levy upto 5% of tendered value of work may be imposed by the Engineer-in- Charge whose decision shall be final both with regard to the justification and quantum and be binding on the Contractor.

However, the Engineer-in-Charge, through a notice, may require the Contractor to remove the illegal occupation any time on or before construction and delivery.

CLAUSE 19 K

137

Employment of skilled/semi-skilled workers

The contractor shall, at all stages of work, deploy skilled/semi-skilled tradesmen who are qualified and possess certificate in particular trade from CPWD Training Institute/Industrial Training Institute/National Institute of Construction Management and Research (NICMAR)/National Academy of Construction, CIDC or any similar reputed and recognized Institute managed/certified by State/Central Government. The number of such qualified tradesmen shall not be less than 05% (five percent) of total skilled/semi-skilled workers required in each trade at any stage of work. The contractor shall submit number of man days required in respect of each trade, its scheduling and the list of qualified tradesmen along with requisite certificate from recognized Institute to Engineer in charge for approval. Notwithstanding such approval, if the tradesmen are found to have inadequate skill to execute the work of respective trade, the contractor shall substitute such tradesmen within two days of written notice from Engineer-in-charge. Failure on the part of contractor to obtain approval of Engineer-in-Charge or failure to deploy qualified tradesmen will attract a compensation to be paid by contractor at the rate of Rs. 100 per such tradesman per day. Decision of Engineer in Charge as to whether particular tradesman possesses requisite skill and amount of compensation in case of default shall be final and binding. Provided always, that the provisions of this clause, shall not be applicable for works with estimated cost put to tender being less than Rs. 25 crores. For work costing more than Rs. 50 crores, the contractor shall engage at least 1%(one percent) of the workers having National Skill Development Corporation (NSDC) qualifications.

Clause 19L

Contribution of EPF and ESI

The ESI and EPF contributions on the part of employer in respect of this contract shall be paid by the contractor. These contributions on the part of the employer paid by the contractor shall be reimbursed by the Engineer-in-Charge to the contractor on actual basis. The applicable and eligible amount of EPF & ESI shall be reimbursed preferably within 7 days but not later than 30 days of submission of documentary proof of payment provided same are in order.

CLAUSE 20

Minimum Wages Act to be complied with

The Contractor shall comply with all the provisions of the Minimum Wages Acts, 1948, and Contract Labour (Regulation and Abolition) Act, 1970, amended from time to time and rules framed thereunder and other labour laws affecting Contract labour that may be brought into force from time to time.

CLAUSE 21

138

Work not to be sublet, Action in case of insolvency & Illegal Gratification etc.

The Contract shall not be assigned or sublet without the written approval of the Engineer- in-Charge. The permitted subletting of work by the Contractor shall not establish any contractual relationship between the Sub-Contractor and the Employer and shall not absolve the Contractor of any responsibility under the Contract. The execution of work by petty Contractors under the direct and personal Supervision of the Contractor or his agent shall not be deemed to be subletting under this Clause. And if the Contractor shall assign or sublet his Contract, or attempt to do so, or become insolvent or commence any insolvency proceedings or make any composition with his creditors or attempt to do so, or if any bribe, gratuity, gift, loan, perquisite, reward or advantage pecuniary or otherwise, shall either directly or indirectly, be given, promised or offered by the Contractor, or any of his servants or agent to any public officer or person in the employ of the Employer in any way relating to his office or employment, or if any such officer or person shall become in any way directly or indirectly interested in the Contract, the Engineer-in-Charge on behalf of the Employer shall have power to adopt the course specified in Clause 3 hereof in the interest of the Employer and in the event of such course being adopted the consequences specified in the said Clause 3 shall ensue.

CLAUSE 22

Payment of Compensation

All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation to be applied to the use of the Employer without reference to the actual loss or damage sustained and whether or not any damage shall have been sustained.

CLAUSE 23

Changes in firm's Constitution to be intimated

Where the Contractor is a partnership firm, the previous approval in writing of the Engineer-in-Charge shall be obtained before any change is made in the constitution of the firm. Where the Contractor is an individual or a Hindu undivided family business concern such approval as aforesaid shall likewise be obtained before the Contractor enters into any partnership agreement where under the partnership firm would have the right to carry out the works hereby undertaken by the Contractor. If previous approval as aforesaid is not obtained, the Contract shall be deemed to have been assigned in contravention of Clause 21 hereof and the same action may be taken, and the same consequences shall ensue as provided in the said Clause 21.

CLAUSE 24

Execution of works under the Direction of the Engineer-in-Charge

All works to be executed under the Contract shall be executed under the direction and subject to the approval in all respects of the Engineer-in-Charge who shall be entitled to direct at what point or points and in what manner they are to be commenced, and from time to time carried on.

139

CLAUSE 25

Settlement of Disputes & Arbitration

1. Except where otherwise provided in the Contract all questions and disputes relating to the meaning of the specifications, design, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of the work or after the cancellation, termination, completion or abandonment thereof shall be dealt with as mentioned hereinafter:

2. If the Contractor considers any work demanded of him to be outside the requirements of the Contract, or disputes any drawings, record or decision given in writing by the Engineer on any matter in connection with or arising out of the Contract or carrying out of the work, to be unacceptable, he shall promptly within 15 days, request the Engineer-in- Charge in writing for written instruction or decision. Thereupon, the Engineer-in-Charge shall give his written instructions or decision within a period of one month from the receipt of the Contractor's letter.

3. If the Engineer-in-Charge fails to give his instructions or decision in writing within the aforesaid period or if the Contractor is dissatisfied with the instructions or decision of the Engineer-in-Charge, the Contractor may, within 15 days of the receipt of the Engineer-in- Charge’s decision, refer to conciliation through Expert Committee (“EC”) to be constituted by the Appointing Authority specified in Schedule F as provided hereunder :

P roposal for EC The contractor shall give notice to the Appointing Authority for appointing the EC clearly bringing out the points of dispute and the amount claimed with documents in support of the claim.

C onstitution of EC i. The Appointing Authority will have the sole discretion to constitute EC which will comprise

three Members. One of the three Members will be designated Presiding Member by the Appointing Authority. The Appointing Authority will have authority to reconstitute an EC to fill any vacancy or if any EC Member fails to fulfil his functions or fails to attend two or more consecutive meetings of the EC. The Presiding Member shall convene meetings of the Committee and keep minutes of the same.

ii. Upon constitution of the EC, the Appointing Authority will issue the appointment letter to EC Members and endorse copies thereof to the parties concerned.

iii. The EC members shall give a declaration of independence and impartiality to both the parties before commencement of the EC proceedings.

140

P roceedings before EC

i. The claimant shall submit its statement of claims to EC members, the other party to the contract and the Employer within 30 days of the issue of the appointment letter to EC members.

ii. The respondent shall file its reply and counter claim (if any) within 30 days of the receipt of

the statement of claims.

iii. Parties may file their rejoinder/additional documents if any in support of their claim/counter claim within next 15 days. No documents shall be allowed thereafter, except with the permission of EC.

iv. EC will commence its meetings only after completion of the pleadings. The Presiding Member

shall fix the date, time and venue for the first meeting within 15 days of completion of pleadings in consultation with other Members. Thereafter, the next and subsequent meetings of the Committee shall be fixed with mutual consultations during such meetings.

v. Two Members will constitute a valid quorum and the meeting can take place to proceed in the

matter. However, EC recommendations will be signed by all Members. Further, Members shall make efforts for unanimous recommendations

vi. The parties shall be represented by their in house employees/executives. No party shall bring

any advocate or outside consultant/advisor/agent. Ex-officers of RITES who have handled the matter in any capacity are not allowed to attend and present the case before EC on behalf of Contractor. However, ex-employees of parties may represent their respective organizations.

vii. Solicitation or any attempt to bring influence of any kind on either EC Members or Employer/

Engineer – in – Charge is completely prohibited in conciliation proceedings and Employer/ Engineer – in Charge reserves the absolute right to close the conciliation proceedings at its sole discretion if any such attempt is made by the Contractor or its representatives.

viii. Parties agree to rely only upon documentary evidence in support of their claims and not to

bring any oral evidence in the EC proceedings.

ix. EC will give full opportunity of hearing to the parties before giving its recommendations.

x. EC will conclude its proceedings in maximum 5 meetings and give its recommendations within 90 days of its first meeting. EC will give its recommendations to both the parties recommending possible terms of settlement. The Appointing Authority may extend the time/ number of meetings in exceptional cases, if EC requests for the same with sufficient reasons.

xi. EC members will be paid fees and provided facilities as detailed in Annexure - ‘F4’.

141

xii. Parties shall not claim any interest on claims/counter claims from the date of notice invoking

conciliation till execution of settlement agreement, if so arrived at. In case, parties are unable to reach a settlement, no interest shall be claimed by either party for the period from the date of notice invoking conciliation till the date of EC recommendations and 30 days thereafter in any further proceeding.

xiii. The venue of the EC meeting shall be the place specified by the Presiding Member of EC.

xiv. Legally, parties are under no obligation to refer a dispute to conciliation or continue with

conciliation proceedings. Parties are free to terminate the conciliation proceedings at any stage as provided under the Arbitration and Conciliation Act, 1996 duly amended .

Actions after EC Recommendations

i. The recommendations of EC are non-binding and the parties may decide to accept or not to accept the same. Parties are at liberty to accept the EC recommendation with any modification they may deem fit.

ii. The Claimant Party shall give its response to the other Party within 15 days of receiving EC recommendation.

iii. If the recommendations are acceptable to the parties partly or fully, Appointing Authority will consider and take a decision on EC recommendations and communicate its decision to both the parties. If decision of Appointing Authority is acceptable to both the parties, a settlement agreement under Section 73 of the Arbitration and Conciliation Act, 1996 will be signed within 15 days of acceptance by both the parties.

iv. The timelines mentioned in the above sub-clauses are with an objective to achieve expeditious conclusion of EC proceedings. However, it does not mean that any action beyond the timelines will be invalid. However, the parties concerned will make all efforts to complete the actions within the stipulated time.

v. The parties shall keep confidential all matters relating to the conciliation proceedings including minutes of EC meeting and recommendations of EC. Parties shall not rely upon them as evidence in any Forum / arbitration / court proceeding whether or not such proceedings relate to the dispute that is the subject of the conciliation proceedings,

a) Views expressed or suggestions made by other party in respect of a possible settlement of the dispute

b) Admissions made by the other party in the course of the EC proceedings, c) Proposals made by the EC, d) The fact that the other party had indicated his willingness to accept a

proposal for settlement made by the EC. vi. Confidentiality extends also to the settlement agreement, except where its disclosure is

necessary for purposes of implementation and enforcement. This stipulation will not apply to disclosure made by Employer to Govt. of India or its authorities, if required

142

vii. Subject to terms and conditions contained in the above paras, the provisions of the Part III of Arbitration and Conciliation Act, 1996 shall be applicable to the conciliation proceeding and the parties and the EC members shall be bound by the same.

4. If any party is dissatisfied with the decision given by the Appointing Authority after considering recommendations of the EC, it shall, within a period of 30 days from receipt of the decision, give notice to the Appointing Authority for appointment of arbitrator, failing which the said decision shall be final binding and conclusive and not referable to adjudication by the arbitrator.

5. In case conciliation under sub-clause 3 is not resorted to and if the contractor (s) does /do not

prefer his/their specific and final claims in writing, within a period of 90 days after receiving the intimation from RITES that the final bill is ready for payment, he/they will be deemed to have waived his/their claim (s) and the Employer shall be discharged and released of all liabilities under the contract in respect of these claims.

6. Appointment of Arbitrator: Except where the decision has become final, binding and conclusive in terms of Sub Clause (4) above, disputes or difference shall be referred for adjudication through arbitration by an arbitral tribunal appointed by the Appointing Authority. The selection of Arbitral Tribunal by the Appointing Authority will be governed by the fact whether the dispute is (i) between two Public Sector Enterprises or (ii) between a Public Sector Enterprise and a Government Department or (iii) Otherwise.

7. In case the dispute does not fall under item (i) or (ii) of Sub Clause 6, the Appointing Authority shall appoint the Arbitral Tribunal. In case the dispute falls under item (i) or (ii), the provisions of Sub Clause 31 hereinafter shall apply.

8. The parties may waive off the applicability of sub-section 12(5) of Arbitration and conciliation

(Amendment) Act 2015; if they agree for such waiver, they may do so in writing, after dispute(s) having arisen between them, in the format given under Annexure F3 of these conditions.

9. Appointment of Arbitrator where applicability of Section 12 (5) of Arbitration and Conciliation Act. has been waived off: i. In cases where the total value of all claims in question added together does not exceed

Rs. 10,00,00,000/- (Rupees Ten Crore only), the Arbitral Tribunal shall consist of a Sole Arbitrator who shall be a RITES Officer not below the level of a General Manager in RITES. The Sole Arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by the Appointing Authority.

ii. In cases not covered by Sub-Clause (i), the Arbitral Tribunal shall consist of a panel of three RITES Officers not below the level of GM or 2 RITES Officers not below the level of GM and a retired Officer of RITES retired not below the rank of Executive Director, as the arbitrators. For this propose, RITES will send a panel of at least four (4) names of RITES Officers of GM level or above which may also include the name(s) of retired RITES Officer(s) of ED level or above, empanelled to work as RITES Arbitrator to the contractor within 60 days from the day when a written and valid demand for arbitration

143

is received by the Appointing Authority. iii. Contractor will be asked to suggest to the Appointing Authority at least 2 names out of

the panel for appointment as contractor’s nominee within 30 days from the date of dispatch of the request by RITES. The Appointing Authority shall appoint at least one out of them as the contractor’s nominee and will, also simultaneously appoint the balance number of arbitrators either from the panel or from outside the panel, duly including the ‘presiding arbitrator’ from amongst the 3 arbitrators so appointed. The Appointing Authority shall complete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names of contractor’s nominees.

10. Appointment of Arbitrator where applicability of section 12 (5) of A&C Act

has not been waived off: i. The Arbitral Tribunal shall consist of a panel of three (3) Officers retired from

Central/State Government or a Central PSE (other than RITES Ltd.) not below the rank of SAG Officer, empanelled in RITES as arbitrators. For this purpose, the Appointing Authority will send a list of at least four (4) names from the said panel of retiredofficers duly indicating their retirement date to the contractor within 60 days from the day when a written and valid demand for arbitration is received by the Appointing Authority.

ii. Contractor will be asked to suggest at least 2 names out of the list given to him for appointment as contractor’s nominee within 30 days from the date of dispatch of the list by the Appointing Authority. The Appointing Authority shall appoint at least one out of them as the contractor’s nominee and will also simultaneously appoint the balance number of arbitrators either from the list or from outside the list, duly indicating the presiding arbitrator from amongst the 3 arbitrators so appointed. The Appointing Authority shall complete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names of contractor’s nominee.

11. If one or more of the arbitrators appointed as above refuses to act as arbitrator, withdraws from

his office as arbitrator, or vacates his/their office/offices or is/are unable or unwilling to perform his/their functions as arbitrator for any reason whatsoever or dies or in the opinion of the Appointing Authority, fails to act without undue delay , the Appointing Authority shall appoint new arbitrator/arbitrators to act in his/their place in the same manner in which the earlier arbitrator/arbitrators had been appointed. Such re-constituted Tribunal may, at its discretion, proceed with the reference from the stage at which it was left by the previous arbitrator (s).

12. The Arbitral Tribunal shall have power to call for such evidence by way of affidavits or

otherwise as the Arbitral Tribunal shall think proper, and it shall be the duty of the parties hereto to do or cause to be done all such things as may be necessary to enable the Arbitral Tribunal to make the award without any delay. The proceedings shall normally be conducted on the basis of documents and written statements.

13. Before proceeding into the merits of any dispute, the Arbitral Tribunal shall first decide and

pass its orders over any plea submitted/objection raised by any party, if any regarding appointment of Arbitral Tribunal, validity of arbitration agreement, jurisdiction and scope of

144

the Tribunal to deal with the dispute (s) submitted to arbitration, applicability of time “limitation” to any dispute, any violation of agreed procedure regarding conduct of the arbitral proceeding or plea for interim measures of protection and record its orders in day to day proceedings. A copy of the proceedings duly signed by the Members of tribunal present during the hearing, shall be provided to both the parties.

14. The claimant shall submit his claim stating the facts supporting the claim along with all the relevant documents and the relief remedy sought against each claim within a period of 30 days from the date of appointment of the Arbitral Tribunal.

15. The Other Party/Parties shall submit its/their counter - statement and counter claim(s), if any,

within a period of 60 days of receipt copy of claims from Claimant/Tribunal unless extension has been granted by Tribunal

16. Place of Arbitration: The place of arbitration shall be the place specified by the Sole Arbitrator

or Presiding Arbitrator (As the case may be) or any other place agreed to in writing by both the parties and consented by the Sole Arbitrator or Presiding Arbitrator (As the case may be).

17. No new claim shall be added during proceedings by either party. However, a party may amend

or supplement the original claim or defence thereof during the course of arbitration proceeding subject to acceptance by Tribunal having due regards to the delay in making it.

18. Obligation during pendency of Arbitration: Work under the Contract shall unless

otherwise directed by the Engineer-in-Charge continue during the Arbitration proceeding and no payment due or payable by the Employer shall be withheld on account of such proceedings, provided however, it shall be open for the Arbitral Tribunal to consider and decide whether or not such work should continue during arbitration proceedings.

19. While appointing arbitrator(s) under Sub-Clause 9(i), 9(ii) and 10(i) above, due care shall be

taken that he/they is/are not the one/those who had opportunity to deal with the matters to which the contract relates or who in the course of his/their duties as RITES Officer(s) expressed views on all or any of the matters under dispute or differences. The proceedings of the Arbitral Tribunal or the award made by such Tribunal will, however, not be invalid merely for the reason that one or more arbitrators, in the course of his/their service, had opportunity to deal with the matters to which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under dispute.

20. The arbitral award shall state item wise, the sum and reasons upon which it is based. The

analysis and reasons shall be detailed enough so that award could be inferred therefrom.

21. A party may apply for corrections of any computational errors, any typographical or clerical errors or any other errors of similar nature occurring in the award of a Tribunal and interpretation of a specific point of award to Tribunal within 60 days of receipt of the award.

145

22. A party may apply to the Tribunal within 60 days of receipt of award to make an additional award as to claims presented in the arbitral proceedings but omitted from the arbitral award.

23. In case of the Tribunal, comprising of three Members , any ruling on award shall be made by

a majority of members of Tribunal. In the absence of such a majority, the views of the Presiding Arbitrator shall prevail.

24. Where the arbitral award is for the payment of money, no interest shall be payable on whole

or any part of the money for any period till the date on which the award is made. The arbitral tribunal shall indicate i) the Award amount payable on the date of award ii) the period within which it is to be paid and iii) Simple rate of interest applicable beyond the stipulated free period for making payment of Award amount.

25. The cost of arbitration shall be borne by the respective parties. The cost shall inter-alia include fee of the arbitrator(s) and expenses on facilities as per the following schedule and the fee shall be borne equally by both the parties. Notwithstanding anything contrary provided in any Act, Law or Agreement, the scale of Arbitrators’ fee and expenses on facilities shall not exceed the following -

S.

No

Particulars Fee payable per Arbitrator per case

1 Arbitrator’s fee Rs.20,000/- per day or Rs.10,000/- per half day subject to a maximum of Rs.3,00,000/- per case Notes: 1. The assessment of work shall be on the following basis :

i. ‘A day’ means more than 2 1/2 hours continuous work on any date

ii. ‘A half day’ means work of 2 1/2 hours or less on any date.

iii. If two or more hearings of more than 2 1/2 hours continuous duration are held on any date, then the work shall be treated as equal to two days.

2. The above fee is for hearings and shall also apply to a maximum of three internal meetings held at RITES office by members of the Arbitral Tribunal for finalization of award without the presence of the parties involved.

2 Studying of documents Rs. 50,000/-

3 Secretarial assistance and incidental charges (telephone, fax, postage etc.)

Rs. 25,000/-

146

4 Charges for publishing/ declaration of award/ settlement agreement

Rs. 20,000/-

5 Other expenses (actuals against bills subject to the prescribed ceiling)

i) Travelling Expenses Economy Class (by air), First Class AC (by train) and AC Car (by road)

ii)Lodging and Boarding a) Rs. 12,000/- per day of stay in hotel (in Metro cities) b) Rs. 8,000/- per day of stay in hotel (in other cities) c) Rs. 3000/- per day if any Arbitrator does not stay in hotel

as mentioned in a) and b) above. Notes :

1) Lodging, Boarding and Travel Expenses shall be allowed for those members who are residing 100 Kms or more from the place of meeting.

2) Delhi, Mumbai, Chennai, Kolkata, Bangalore and d) Hyderabad shall be considered as Metro cities.

6 Local Travel e) Rs. 2000/- per day 7 Providing facilities of

hearing rooms To be arranged by Claimant / Respondent for alternate f) hearings

26. In case of a serving officer of RITES acting as arbitrator, the fee payable shall be 50% of the fee worked out at the above scale.

27. Further, the fee payable to the arbitrator (s) would be governed by the above schedule irrespective of the fact whether the arbitrator (s) is/are appointed by the Appointing Authority or by the court of law unless specifically directed by Hon’ble court otherwise on the matter.

28. Sole Arbitrator shall be entitled for 25% extra fee over the fee prescribed in the schedule given above.

29. Arbitrator tribunal shall be entitled to 25% extra fee if Award is decided within Six months of appointment.

30. Subject to the provisions of Arbitration and Conciliation Act 1996 as amended upto the date of receipt of tenders, and the rules there under and relevant clauses of General Conditions of contract (GCC) and any statutory modifications there of shall apply to the appointment of arbitrators and arbitration proceedings under this Clause.

31. In case the dispute falls under item (i) or (ii) of Sub Clause 6 above, such dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEs) / Port Trusts inter se and also between CPSEs and Government Departments / Organizations (excluding disputes concerning Railways, Income Tax, Customs & Excise Departments), such dispute or difference shall be taken up by either party for resolution through AMRCD as mentioned in Government of India, Ministry of Heavy Industries & Public Enterprises, Department of Public Enterprises OM No. 4(1)/2013-DPE(GM) /FTS-1835 dated 22-05-2018

147

32. It is a term of this Contract that the party invoking arbitration shall give a list of disputes with amount claimed in respect of each such dispute along with the notice for appointment of arbitrator in the form at Annexure `F2’. It is a term of this Contract that "Excepted matters" or matters where the decision of the Engineer-in-Charge or any higher authority has been stipulated as "Final and Binding" in various Clauses of Contract, stand specifically excluded from the purview of Arbitration Clause.

33. It is also a term of this Contract that no person other than a person appointed by such Appointing Authority as aforesaid should act as arbitrator and if for any reason that is not possible, the matter shall not be referred to arbitration at all. It is also a term of this Contract that if the Contractor does not make any demand for appointment of arbitrator in respect of any claims in writing as aforesaid within 120 days of receiving the intimation from the Engineer-in-Charge that the final bill is ready for payment, the claim of the Contractor shall be deemed to have been waived and absolutely barred and the Employer shall be discharged and released of all liabilities under the Contract in respect of these claims.

34. Signing of "No Claim" certificate

35. The Contractor shall not be entitled to make any claim whatsoever against the Employer under or by virtue of or arising out of the Contract, nor shall the Employer entertain or consider any such claim if made by the Contractor after he shall have signed a "No Claim Certificate" in favour of the Employer in such form as stipulated by the Employer, after the works are finally measured up. The Contractor shall be debarred from disputing the correctness of any item covered by the "No Claim Certificate" or demanding a reference to arbitration in respect thereof.

36. Parties to be impleaded in the conciliation and arbitration proceedings

37. In case of any claims by the Contractor, the Employer as well as RITES Ltd acting as Agent to the Employer will implead themselves as parties to the Conciliation Proceedings and Arbitration Proceedings.

38. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) as amended by Arbitration and Conciliation (Amendment) Act, 2015 (3 of 2016) and any statutory modifications or re-enactment thereof and the rules made there under and for the time being in force shall apply to the arbitration proceeding under this clause, except for cases falling under Sub Clause 12 (i) or (ii).

39. It is also a term of this Contract that the arbitrator shall adjudicate on only such disputes as are referred to him by the appointing authority and give separate award against each dispute and claim referred to him and in all cases where the total amount of the claims by any party exceeds Rs.1,00,000/- the arbitrator shall give reasons for the award.

40. It is also a term of the Contract that the arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties calling them to submit their

148

41. statement of claims and counter statement of claims. The fees, if any, of the arbitrator shall, if required to be paid before the award is made and published, be paid half and half by each of the parties. The cost of the reference and of the award (including the fees, if any, of the arbitrator) shall be in the discretion of the arbitrator who may direct to any by whom and in what manner, such costs or any part thereof shall be paid and fix or settle the amount of costs to be so paid.

CLAUSE 26

Contractor to Indemnify the Employer against Patent Rights

The Contractor shall fully indemnify and keep indemnified the Employer against any action, claim or proceeding relating to infringement or use of any patent or design or any alleged patent or design rights and shall pay any royalties which may be payable in respect of any article or part thereof included in the Contract. In the event of any claims made under or action brought against the Employer in respect of any such matters as aforesaid the Contractor shall be immediately notified thereof and the Contractor shall be at liberty, at his own expenses, to settle any dispute or to conduct any litigation that may arise therefrom, provided that the Contractor shall not be liable to indemnify the Employer if the infringement of the patent or design or any alleged patent or design right is the direct result of an order passed by the Engineer-in-Charge in this behalf.

CLAUSE 27

Lumpsum Provisions in Tender

When the estimate on which a tender is made includes lump sum in respect of parts of the work, the Contractor shall be entitled to payment in respect of the items of work involved or the part of the work in question at the same rates as are payable under this Contract for such items, or if the part of the work in question is not, in the opinion of the Engineer-in-Charge payable of measurement, the Engineer-in- Charge may at his discretion pay the lumpsum amount entered in the estimate, and the certificate in writing of the Engineer-in-Charge shall be final and conclusive against the Contractor with regard to any sum or sums payable to him under the provisions of the Clause.

CLAUSE 28

Action where no Specifications are specified

149

In the case of any class of work for which there is no such specification as referred to in Clause 11, such work shall be carried out in accordance with the Bureau of Indian Standards Specifications. In case there is no such specification in Bureau of India Standards, the work shall be carried out as per manufacturer's specifications. In case there are no such specifications as required above, the work shall be carried out in all respects in accordance with the instructions and requirements of the Engineer- in-Charge.

CLAUSE 29

With-holding and lien in respect of sums due from Contractor

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

Contract or against the Contractor, the Engineer-in-Charge or the Employer shall be entitled to withhold and also have a lien to retain such sum or sums in whole or in part from the Security Deposit and Performance Guarantee, if any deposited by the Contractor, pending finalization or adjudication of any such claim. In the event of the S ecurity D e posit and P erformance Guarantee, being insufficient to cover the claimed amount or amounts or if no Security Deposit and Performance Guarantee has been taken from the Contractor, the Engineer-in-Charge or the Employer shall be entitled to withhold and have a lien to retain to the extent of such claimed amount or amounts referred to above, from any sum or sums found payable or which may at any time thereafter become payable to the Contractor under the same Contract or any other Contract with the Engineer-in-Charge of the Employer or any Contracting person through the Engineer-in-Charge pending finalization of/adjudication of any such claim.

It is an agreed term of the Contract that the sum of money or moneys so withheld or retained under the lien referred by the Engineer-in-Charge or the Employer will be kept withheld or retained as such by the Engineer-in-Charge or the Employer till the claim arising out of or under the Contract is determined by the arbitrator (if the Contract is governed by the arbitration clause) or by the competent court, as the case may be and that the Contractor will have no claim for interest or damages whatsoever on any account in respect of such withholding or retention under the lien referred to above and duly notified as such to the Contractor. For the purpose of this clause, where the Contractor is a partnership firm or a limited company, the Engineer-in- Charge or the Employer shall be entitled to withhold and also have a lien to retain towards such claimed amount or amounts in whole or in part from any sum found payable to any partner/ limited company as the case may be, whether in his individual capacity or otherwise.

ii) The Employer shall have the right to cause an audit and technical examination of the works and the Final Bill of the Contractor including all supporting vouchers,

150

abstract, etc. to be made after payment of the Final Bill and if as a result of such audit and technical examination, any sum is found to have been overpaid in respect of any work done by the Contractor under the Contract or any work claimed to have been done by him under the Contract and found not to have been executed, the Contractor shall be liable to refund the amount of over-payment and it shall be lawful for the Employer to recover the same from him in the manner prescribed in sub-clause (i) of this clause or in any other manner legally permissible; and if it is found that the Contractor was paid less than what was due to him under the Contract in respect of any work executed by him under it, the amount of such under payment shall be duly paid by the Employer to the Contractor, without any interest thereon whatsoever.

Provided that the Employer shall not be entitled to recover any sum overpaid, nor the Contractor shall be entitled to payment of any sum paid short where such payment has been agreed upon between the Engineer-in-Charge on the one hand and the Contractor on the other under any term of the Contract permitting payment for work after assessment by the Engineer-in-Charge.

CLAUSE 29 A

Lien in respect of claims in other Contracts

Any sum of money due and payable to the Contractor (including the Security Deposit and Performance Guarantee returnable to him) under the Contract may be withheld or retained by way of lien by the Engineer-in-Charge or the Employer or any other contracting person or persons through Engineer-in-Charge against any claim of the Engineer-in-Charge or the Employer or such other person or persons in respect of payment of a sum of money arising out of or under any other Contract made by the Contractor with the Engineer-in- Charge or the Employer or with such other person or persons.

It is an agreed term of the Contract that the sum of money so withheld or retained under this clause by the Engineer-in-Charge or the Employer will be kept withheld or retained as such by the Engineer-in-Charge or the Employer till his claim arising out of the same Contract or any other Contract is either mutually settled or determined by the arbitration clause or by the competent court, as the case may be and that 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 duly notified as such to the Contractor.

CLAUSE 30

Employment of coal mining or controlled area labour not permissible

151

The Contractor shall not employ coal mining or controlled area labour falling under any category whatsoever on or in connection with the work or recruit labour from area within a radius of 32 km (20 miles) of the controlled area. Subject as above the Contractor shall employ imported labour only from area, from which import is permitted.

Where ceiling price for imported labour has been fixed by State or Regional Labour

Committees not more than that ceiling price shall be paid to the labour by the Contractor.

The Contractor shall immediately remove any labourer who may be pointed out by the Engineer-in-Charge as being a coal mining or controlled area labourer. Failure to do so shall render the Contractor liable to pay to the Employer a sum calculated at the rate of Rs.10/- per day per labourer. The certificate of the Engineer-in-Charge about the number of coal mining or controlled area labourers and the number of days for which they worked shall be final and binding upon all parties to this Contract.

It is declared and agreed between the parties that the aforesaid stipulation in this clause is one in which the public are interested within the meaning of the exception in Section 74 of Indian Contract Act, 1872.

Explanation : Controlled Area means the following areas :

Districts of Dhanbad, Hazaribagh, Jamtara-a Sub-division under Santhal Pargana

Commissionery, Districts of Bankuara, Birbhum, Burdwan, District of Bilaspur.

Any other area which may be declared a Controlled Area by or with the approval of the Central Government.

CLAUSE 31

Unfiltered water supply required for the work

The Contractor shall make his own arrangements for water required for the work and nothing extra will be paid for the same. This will be subject to the following conditions.

i) That the water used by the Contractor shall be fit for construction purposes to the satisfaction of the Engineer-in-Charge.

152

ii) The Engineer-in-Charge shall make alternative arrangements for supply of water at the risk and cost of the Contractor if the arrangements made by the Contractor for procurement of water are in the opinion of the Engineer-in-Charge, unsatisfactory.

CLAUSE 31 A

Employer's water supply, if available

Water if available may be supplied to the Contractor by the Employer subject to the following conditions:

i) The water charges @1% shall be recovered on gross amount of the work done.

ii) The Contractor shall make his own arrangement of water connection and laying of pipelines from existing main of source of supply.

iii) The Employer does not guarantee to maintain uninterrupted supply of water and it will be incumbent on the Contractor to make alternative arrangements for water at his own cost in the event of any temporary break down in the Employer's water main so that the progress of his work is not held up for want of water. No claim of damage or refund of water charges will be entertained on account of such break down.

CLAUSE 32

Alternate water arrangements

i) Where there is no piped water supply arrangement and the water is taken by the Contractor from the wells or hand pump constructed by the Employer, no charge shall be recovered from the Contractor on that account. The Contractor shall, however, draw water at such hours of the day that it does not interfere with the normal use for which the hand pumps and wells are intended. He will also be responsible for all damage and abnormal repairs arising out of his use, the cost of which shall be recoverable from him. The Engineer-in-Charge shall be the final authority to determine the cost recoverable from the Contractor on this account and his decision shall be final and binding on the Contractor.

ii) The Contractor shall be allowed to construct temporary wells in the Employer's land for taking water for construction purposes only after he has got permission of the Engineer- in-Charge in writing. No charges shall be recovered from the Contractor on

153

this account, but the Contractor shall be required to provide necessary safety arrangements to avoid any accidents or damage to adjacent buildings, roads and service lines. He shall be responsible for any accidents or damage caused due to construction and subsequent maintenance of the wells and shall restore the ground to its original condition after the wells are dismantled on completion of the work.

CLAUSE 33

Return of Surplus Materials

Notwithstanding anything contained to the contrary in this Contract, where any materials for the execution of the Contract are procured with the assistance of the Employer either by issue from the Employer's stocks or purchase made under orders or permits or licences issued by the Employer the Contractor shall hold the said materials economically and solely for the purpose of the Contract and not dispose of them without the written

permission of the Employer and return, if required by the Engineer-in-Charge, all surplus or unserviceable materials that may be left with him after the completion of the Contract or at its termination for any reason whatsoever on being paid or credited such price as the Engineer-in-Charge shall determine having due regard to the condition of the materials. The price allowed to the Contractor however shall not exceed the amount charged to him excluding the element of storage charges. The decision of the Engineer- in-Charge shall be final and conclusive. In the event of breach of the aforesaid condition the Contractor shall in addition to throwing himself open to action for contravention of the terms of the licence or permit and/ or for criminal breach of trust, be liable to the Employer for all moneys, advantages or profits resulting or which in the usual course would have resulted to him by reason of such breach.

CLAUSE 34

Hire of Plant & Machinery

i) The Contractor shall arrange at his own expense all tools, plant, machinery and equipment (hereinafter referred to as T & P) required for execution of the work except for the Plant & Machinery listed in Schedule 'C' and stipulated for issue to the Contractor. If the Contractor requires any item of T&P on hire from the T&P available with the Employer over and above the T&P stipulated for issue, the Employer will, if such item is available, hire it to the Contractor at rates to be agreed upon between him and the Engineer-in- Charge. In such a case all the conditions hereunder for issue of T&P shall also be applicable to such T&P as is agreed to be issued.

154

ii) Plant and Machinery when supplied on hire charges shown in Schedule 'C' shall be made over and taken back at the Employer's equipment yard/ shed shown in Schedule 'C' and the Contractor shall bear the cost of carriage from the place of issue to the site of work and back. The Contractor shall be responsible to return the plant and machinery in the condition in which it was handed over to him, and he shall be responsible for all damage caused to the said plant and machinery at the site of work or elsewhere in operation or otherwise or during transit including damage to or loss of parts and for all losses due to his failure to return the same soon after the completion of the work for which it was issued. The Engineer-in-Charge shall be the sole judge to determine the liability of the Contractor and its extent in this regard and his decision shall be final and binding on the Contractor.

iii) The plant and machinery as stipulated above will be issued as and when available and if required by the Contractor. The Contractor shall arrange his programme of work according to the availability of the plant and machinery and no claim, whatsoever, will be entertained from him for any delay in supply by the Employer.

iv) The hire charges shall be recovered at the prescribed rates from and inclusive of the date the plant and machinery made over upto and inclusive of the date of the return in good order even though the same may not have been working for any cause except major breakdown due to no fault of the Contractor or faulty use requiring more than three working days continuously (excluding intervening holidays and Sundays) for bringing the plant in order. The Contractor shall immediately intimate in writing to the Engineer-in- Charge when any plant or machinery gets out of order requiring major repairs as aforesaid. The Engineer-in-Charge shall record the date and time of receipt of such intimation in the log sheet of the plant or machinery. Based on this if the major breakdown has occurred before lunch, period of major breakdown will be computed considering half a day's breakdown on the day of complaint. If the breakdown occurs post lunch, the period of major breakdown will be computed starting from the next working day. In case of any dispute under this clause the decision of the Engineer- in-Charge shall be final and binding on the Contractor.

v) The hire charges shown in Schedule ‘C’ are for each day of 8 hours (inclusive of the one hour lunch break) or part thereof.

vi) Hire charges will include service of operating staff as required and also supply of lubricating oil and stores for cleaning purposes. Power fuel of approved type, firewood, kerosene oil etc. for running the plant and machinery and also the full time chowkidar for guarding the plant and machinery against any loss or damage shall be arranged by the Contractor who shall be fully responsible for the safeguard and security of plant and machinery. The Contractor shall, on or before the supply of plant and machinery, sign an agreement indemnifying the Employer against any loss or damage caused to the plant and machinery either during transit or at site of work.

vii) Ordinarily, no plant and machinery shall work for more than 8 hours a day inclusive

155

of one hour lunch break. In case of an urgent work however, the Engineer-in-Charge may, at his discretion, allow the plant and machinery to be worked for more than normal period of 8 hours a day. In that case the hourly hire charges for overtime to be borne by the Contractor shall be 50% more than the normal proportionate hourly charges (1/8th of the daily charges) subject to a minimum of half day's normal charges on any particular day. For working out hire charges for overtime a period of half an hour and above will be charged as one hour and a period of less than half an hour will be ignored.

viii) The Contractor shall release the plant and machinery every seventh day for periodical servicing and/or wash out which may take about three to four hours or more.

Hire charges for full day shall be recovered from the Contractor for the day of servicing/ wash out irrespective of the period employed in servicing.

ix) The plant and machinery once issued to the Contractor shall not be returned by him on account of lack of arrangements of labour and materials, etc. on his part. The same will be returned only when they are required for major repairs or when in the opinion of the Engineer-in-Charge the work or a portion of work for which the same was issued is completed.

x) Log Book for recording the hours of daily work for each of the plant and machinery supplied to the Contractor will be maintained by the Engineer-in-Charge and will be countersigned by the Contractor or his authorized agent daily. In case the Contractor contests the correctness of the entries and/or fails to sign the Log Book the decision of the Engineer-in-Charge shall be final and binding on him. Hire charges will be calculated according to the entries in the Log Book and will be binding on the Contractor. Recovery on account of hire charges for Road Rollers shall be made for the minimum number of days worked out on the assumption that a Roller can consolidate per day maximum quantity of materials or area surfacing as will be advised to the Contractor by the Engineer-in- Charge at the time of hiring out the Road Roller. In case Rollers for consolidation are employed by the Contractor himself, log book for such Rollers shall be maintained in the same manner as is done in the case of the Employer's Rollers. Maximum quantity of any item to be consolidated for each Roller day shall also be same as stipulated above by the Engineer-in- Charge. For less use of Rollers recovery for the less Roller days shall be made at the stipulated issue rate.

xi) In the case of concrete mixers, the Contractor shall arrange to get the hopper cleaned and the drum washed at the close of the work each day or each occasion.

xii) The Contractor shall be responsible to return the plant and machinery in the condition in which it was handed over to him and he shall be responsible for all damage caused to the said plant and machinery at the site of work or elsewhere in operation or otherwise or during transit including damage to or loss of part, and for all losses due his failure to return the same soon after the completion of the work for which it

156

was issued. The Engineer-in-charge shall be the sole judge to determine the liability of the Contractor and its extent in this regard and his decision shall be final and binding on the Contractor.

xiii) The Contractor will be exempted from levy of any hire charges for the number of days he is called upon in writing by the Engineer-in-Charge to suspend execution of the work, provided the Employer's plant and machinery in question have, in fact, remained idle with the Contractor because of the suspension.

xiv) In the event of the Contractor not requiring any item of plant and machinery issued by the Employer though not stipulated for issue in Schedule 'C', any time after taking delivery at the place of issue, he may return it after two days written notice or at any time without notice if he agrees to pay hire charges for two additional days without, in any way, affecting the right of the Engineer-in-Charge to use the said plant and machinery during the said period of two days as he likes including hiring out to a third party.

CLAUSE 35

Condition relating to use of asphaltic materials

i) The Contractor undertakes to make arrangement for the supervision of the work by the firm supplying the tar or bitumen used.

ii) The Contractor shall collect the total quantity of tar or bitumen required for the work as per standard formula, before the process of painting is started and shall hypothecate it to the Engineer-in-Charge. If any bitumen or tar remains unused on completion of the work on account of lesser use of materials in actual execution for reasons other than authorized changes of specification and abandonment of portion of work, a corresponding deduction equivalent to the cost of unused materials as determined by the Engineer-in- Charge shall be made and the material returned to the Contractor. Although the materials are hypothecated to the Employer, the Contractor undertakes the responsibility for their proper watch, safe custody and protection against all risks. The materials shall not be removed from site of work without the consent of the Engineer-in- Charge in writing.

iii) The Contractor shall be responsible for rectifying defects noticed within a year from the date of completion of the work and the portion of the Security Deposit relating to asphaltic work shall be refunded after the expiry of this period.

157

CLAUSE 36

Employment of Technical Staff and employees

Contractor's Superintendence, Supervision, Technical Staff & Employees.

i) The Contractor shall provide all necessary superintendence during execution of the work and as long thereafter as may be necessary for proper fulfilling of the obligations under the Contract.

The Contractor shall immediately after receiving Letter of Acceptance of the tender and before commencement of the work, intimate in writing to the Engineer-in-Charge the name, qualifications, experience, age, address and other particulars along with certificates, of the P rincipal Technical Representative and Deputy Technical Representative to be in charge of the work. Such qualifications and experience shall not be lower than those specified in Schedule 'F'. The Engineer-in-Charge shall within five working days of receipt of such communication intimate in writing his approval or otherwise of such a representative to the Contractor. Any such approval may at any time be withdrawn and in case of such withdrawal the Contractor shall appoint another such representative according to the provisions of this clause. Decision of the Engineer-in-Charge shall be final and binding on the Contractor in this respect. Such a Principal Technical Representative and Deputy Technical Representative shall be appointed by the Contractor soon after receipt of the approval from Engineer-in-Charge and shall be available at site within fifteen days of start of work.

All the provisions applicable to the Principal Technical Representative under the Clause will also be applicable to other Technical Representative(s). The Principal Technical Representative and/or other Technical Representative shall be present at the site of work for supervision at all times when any construction activity is in progress and also present himself/themselves as required to the Engineer-in-Charge and/or his representative to take instructions. Instructions given to the Principal Technical Representative or other Technical Representative shall be deemed to have the same force as if these have been given to the Contractor. The Principal Technical Representative and/or other Technical Representative shall be actually available at site fully during all stages of execution of work, during recording of measurement of works and whenever so required by the Engineer-in-Charge and shall also note down instructions conveyed by the Engineer-in- Charge or his designated representative in the site order book and shall affix his/their signature in token of noting down the instructions and in token of acceptance of measurements/test checked measurements. The representative shall not look after any other work. Substitutes duly approved by Engineer-in-Charge in similar manner as aforesaid shall be provided in the event of absence of any of the representatives by more than two days.

If the Engineer-in-Charge, whose decision in this respect is final and binding on the

158

Contractor, is convinced that no such Technical Representative is/are effectively appointed or is/are effectively attending or fulfilling the provision of this clause, a recovery (non refundable) shall be effected from the Contractor as specified in para (iv) below and the decision of the Engineer-in-Charge as recorded in the Site Order Book and measurement recorded/test checked in Measurement Books shall be final and binding on the Contractor. Further if the Contractor fails to appoint a suitable Principal / Deputy Technical Representative or other Technical Representative and if such appointed persons are not effectively present or are absent by more than 2 days without duly approved substitutes or do not discharge their responsibilities satisfactorily, the Engineer-in-Charge shall have full powers to suspend the execution of the work until such date as another suitable Technical Representative(s) is/are appointed and the Contractor shall be held responsible for the delay so caused to the work. The Contractor shall submit a certificate of employment of the Technical Representative(s) along with every On Account Bill/Final Bill and shall produce evidence if at any time so required by the Engineer-in-Charge.

ii) The Contractor shall provide and employ on the site only such technical assistants as are skilled and experienced in their respective fields and such foremen and supervisory staff as are competent to give proper supervision to the work.

The Contractor shall provide and employ skilled, semiskilled and unskilled labour as is necessary for proper and timely execution of the work.

The Engineer-in-Charge shall be at liberty to object to and require the Contractor to remove from the works any person who in his opinion misconducts himself, or is incompetent or negligent in the performance of his duties or whose employment is otherwise considered by the Engineer-in-Charge to be undesirable. Such person shall not be employed again at works site without the written permission of the Engineer-in- Charge and the persons so removed shall be replaced as soon as possible by competent substitutes.

(iii) Supporting Engineers

For effective supervision of the Works, the Contractor must depute adequate number of technical assistants who are skilled and experienced in their respective callings as specified in Schedule ‘F’.

iv) Recovery for non deployment of Engineers

As specified in Schedule ‘F’.

Note: In “Schedule F” the rates of recovery should be mentioned with the approval of the Authority competent to accept the Tender.

159

CLAUSE 37

Levies/Taxes/Cesses payable by Contractor

The Contractor shall have valid registration in respect of GST with the Cental Government and the UT / State Government concerned as applicable and shall submit a copy of the same to the Engineer along with first running account bill.

i) Prices/rates quoted by the contractor in respect of the contract shall be after considering all input credits and inclusive of all taxes and cess etc. other than GST on Contract Price. The GST leviable on Contract Price shall be paid in addition to the Contract Price as mentioned below.

In the bill for the works done, the contractor shall charge GST separately. It is the responsibility of the contractor to pay GST to the Government concerned and file the statutory return within the date prescribed under the respective Acts. For RITES to get input credit, it is necessary that the amount get reflected in the return. In case the next Running Account Bills (RA Bills) are submitted before due date of filing of return, documentary evidence is to be submitted by the contractor in the subsequent running account bill. The procedure for payment of bills will be as under : a) The contractors may be asked to charge GST separately in their bills. b) The GST amount so claimed shall be paid along with payment of running

account bill. c) The contractor has to furnish documentary evidence of the deposit of the GST

or the copy of the return in case of adjustment of of available input credit, whichever is earlier, before processing of subsequent RA bills. Else, the Engineer-in-Charge shall withhold the GST amount so paid in in the previous bill/s in the subsequent/next RA bill/s.

d) Amount to be withheld shall relate only to the extent of GST not deposited or adjusted within due date of filing of return.

In case of Final Bill, GST amount so deposited shall be reimbursed by the Engineer- in-Charge only after the contractor furnishes the documentary evidence of actual deposit of GST to the credit of Government and is reflected against the GSTIN of the Employer.

Regarding payment of GST to the contractor, the decision of Engineer-in-Charge shall be binding on the contractor.

ii) The Contractor shall deposit royalty and obtain necessary permit for supply of the red bajri, stone, kankar, etc. from local authorities.

iii) If pursuant to or under any law, notification or order any levies, taxes cesses or the like becomes payable by the Employer and does not any time become payable by the Contractor to the State Government or Local authorities in respect of any

160

material used by the Contractor in the works then in such a case, it shall be lawful to the Employer and it will have the right and be entitled to recover the amount paid in the circumstances as aforesaid from dues of the Contractor.

iv) Tax Deduction at Source will be done by the Employer towards Income Tax, Labour Welfare Cess and any other tax as required by law, from the Running Account and Final Bills.

CLAUSE 37 A

Royalty Payable on minor minerals – Employer to be indemnified

Where the State Government has enacted any legislation to the effect that the user of minor minerals such as red bajri, stone, kankar etc., will be responsible to ensure that for the minerals used in the work, the quarry operator extracting the minerals has paid royalty as due to the State Government, before any Bill is paid to the Contractor, the Contractor should furnish a declaration to the Employer confirming that royalty as due has been paid to the State Government for the minerals used in the works. The Contractor should also indemnify the Employer against any legal action that may be instituted against the Employer by the State Government consequent on violation of the provisions in the relevant Act by the Contractor. A copy of the format for the Indemnity Bond is at Annexure ‘G’.

CLAUSE 37B

Price adjustment due to change in the rate of Royalty for earth, sand, stone dust and stone etc.

If, after the stipulated date of opening of tenders (including extension, if any, to the said date), any law, regulation, ordinance, order or bye-law having the force of law is enacted, promulgated, abrogated or changed (which shall be deemed to include any change in interpretation or application by the competent authorities) that subsequently affects the rate of royalty payable by the contractor, the contract price shall be correspondingly increased or decreased after the contractor makes payment of royalty at such revised rates.

CLAUSE 38

Conditions for reimbursement of levy/tax/cess if levied after receipt of tenders.

i) All tendered rates shall be inclusive of all taxes, levies and cesses payable under respective statutes. However, if any further tax or levy or cess is imposed by Statute, after the last stipulated date for the receipt of tender including extensions if any and the Contractor thereupon necessarily and properly pays such taxes/levies/cesses,

161

the Contractor shall be reimbursed the amount so paid, provided such payment, if any, is not, in the opinion of the Engineer-in-Charge (whose decision shall be final and binding on the Contractor) attributable to delay in execution of work within the control of the Contractor.

ii) The Contractor shall keep necessary books of accounts and other documents for the purpose of this condition as may be necessary and shall allow inspection of the same by a duly authorized representative of the Employer and/or the Engineer-in- Charge and further shall furnish such other information/document as the Engineer- in-Charge may require from time to time.

iii) The Contractor shall, within a period of 30 days of the imposition of any such further tax or levy or cess, give a written notice thereof to the Engineer-in-Charge that the same is given pursuant to this condition, together with all necessary information relating thereto.

CLAUSE 39

Termination of Contract on death of Contractor

Without prejudice to any of the rights or remedies under this Contract if the Contractor dies, the Engineer-in-Charge on behalf of the Employer shall have the option of terminating the Contract without compensation to the Contractor.

CLAUSE 40

If a relative working in the Employer's Organisation then the Contractor not allowed to tender

The Contractor shall not be permitted to tender for works in the Employer's RITES concerned SBU Unit (responsible for award and execution of Contracts) in which his near relative is posted as Associated Finance Officer between the grades of AGM(F) and JM (F) or as an officer in any capacity between the grades of the GGM/GM and Engineer or equivalent (both inclusive). He shall also intimate the names of persons who are working with him in any capacity or are subsequently employed by him and who are near relatives to any Gazetted Officer or equivalent officers in the Employer's organization. Any breach of this condition by the Contractor would render him liable to be removed from the approved list of Contractors if any of this Employer.

162

NOTE : By the term "near relatives" is meant wife, husband, parents and grand parents, children and grand children, brothers and sisters, uncles, aunts and cousins and their corresponding in-laws.

CLAUSE 41

No Gazetted Engineer to work as Contractor within one year of retirement

No engineer of gazetted rank or other gazetted officer employed in engineering or administrative duties in an engineering department of the Employer shall work as a Contractor or employee of a Contractor for a period of one year after his retirement from the Employer's service without the previous permission of the Employer in writing. This Contract is liable to be cancelled if either the Contractor or any of his employees is found at any time to be such a person who had not obtained the permission of the Employer as aforesaid, before submission of the tender or engagement in the Contractor's service, as the case may be.

CLAUSE 42

Return of material and recovery for excess material issued

i) After completion of the work and also at any intermediate stage in the event of non- reconciliation of materials issued, consumed and in balance - (see Clause 10), theoretical quantity of materials issued by the Employer for use in the work shall be calculated on the basis and method given herein under :

a) Quantity of cement & bitumen shall be calculated on the basis of quantity of cement

& bitumen required for different items of work as shown in the Schedule of Rates mentioned in Schedule 'F'. In case any item is executed for which standard constants for the consumption of cement or bitumen are not available in the above mentioned schedule/ statement or cannot be derived from the same shall be calculated on the basis of standard formula to be laid down by the Engineer-in- Charge.

b) Theoretical quantity of steel reinforcement or structural steel sections shall be taken as the quantity required as per design or as authorized by Engineer- in- Charge, including authorized lappages, chairs etc. plus 3% wastage due to cutting into pieces, such theoretical quantity being determined and compared with the actual issues each diameter wise, section wise and category wise

163

separately.

c) Theoretical quantity of GI & CI or other pipes, conduits, wires and cables, pig lead and GI/ MS sheets shall be taken as quantity actually required and measured plus

5% for wastage due to cutting into pieces (except in the case of GI/ MS sheets it shall be 10%) such determination and comparison being made diameter wise & category wise.

d) For any other material as per actual requirements.

ii) Over the theoretical quantities of materials so computed a variation shall be allowed as specified in Schedule 'F'. The difference in the net quantities of material actually issued to the Contractor and the theoretical quantities including such authorized variation, if not returned by the Contractor or if not fully reconciled to the satisfaction of the Engineer-in- Charge within fifteen days of the issue of written notice by the Engineer-in-Charge to this effect shall be recovered at the rates specified in Schedule 'F', without prejudice to the provision of the relevant conditions regarding return of materials governing the Contract. Decision of Engineer-in-Charge in regard to theoretical quantities of materials, which should have been actually used as per the Annexure of the Standard Schedule of R ates of CPWD and recovery at rates specified in Schedule 'F', shall be final and binding on the Contractor.

For non scheduled items, the decision of the Engineer-in-Charge regarding theoretical quantities of materials which should have been actually used, shall be final and binding on the Contractor.

iii) The said action under this clause is without prejudice to the right of the Employer to take action against the Contractor under any other conditions of Contract for not doing the work according to the prescribed specifications.

CLAUSE 43

Compensation during warlike situations

The work (whether fully constructed or not) and all materials, machines, tools and plants, scaffolding, temporary buildings and other things connected therewith shall be at the risk of the Contractor until the work has been delivered to the Engineer-in- Charge and a certificate from him to that effect obtained. In the event of the work or any materials properly brought to the site for incorporation in the work being damaged or destroyed in consequence of hostilities or warlike operation, the Contractor shall when ordered (in writing) by the Engineer-in-Charge to remove any debris from the site, collect and properly stack or remove in store all serviceable materials salvaged from the damaged work and shall be paid at the Contract rates

164

in accordance with the provision of this agreement for the work of clearing the site of debris, stacking or removal of serviceable material and for reconstruction of all works ordered by the Engineer-in-Charge, such payment being in addition to compensation upto the value of the work originally executed before being damaged or destroyed and not paid for.In case of works damaged or destroyed but not already measured and paid for, the compensation shall be assessed by the Engineer-in-Charge. The Contractor shall be paid for the damages/ destruction suffered and for restoring the material at the rate based on analysis of rates tendered for in accordance with the provision of the Contract. The certificate of the Engineer-in- Charge regarding the quality and quantity of materials and the purpose for which they were collected shall be final and binding on all parties to this Contract.

Provided always that no compensation shall be payable for any loss in consequence of hostilities or warlike operations (a) unless the Contractor had taken all such precautions against air raid as are deemed necessary by the ARP Officer or the Engineer-in-Charge (b) for any material etc. not on the site of the work or for any tools, plant, machinery, scaffolding, temporary building and other things not intended for the work.

In the event of the Contractor having to carry out reconstruction as aforesaid, he shall be allowed such extension of time for its completion as is considered reasonable by the Engineer-in-Charge.

CLAUSE 44

Apprentices Act provisions to be complied with

The Contractor shall comply with the provisions of the Apprentices Act, 1961 and the rules and orders issued thereunder from time to time. If he fails to do so, his failure will be a breach of the Contract and the Engineer-in-Charge may, in his discretion, cancel the Contract. The Contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provisions of the said Act.

CLAUSE 45

Release of Security Deposit after Labour Officer clearance

Security Deposit of the work shall not be refunded till the Contractor produces a clearance certificate from the Labour Officer. As soon as the work is virtually complete the Contractor shall apply for the clearance certificate to the Labour Officer under intimation to the Engineer-in-Charge. The Engineer-in-Charge, on receipt of the said communication, shall write to the Labour Officer to intimate if any

165

complaint is pending against the Contractor in respect of the work. If no complaint is pending, on record till after 3 months after completion of the work and/or no communication is received from the Labour Officer to this effect till six months after the date of completion, it will be deemed to have received the clearance certificate and the Security Deposit will be released if otherwisedue.

ADDITIONAL CLAUSES OF CONTRACT

CLAUSE 45 A

Release of Security Deposit after clearance by State Government Authority for Mineral Extraction.

Security Deposit of the work shall not be refunded till the Contractor produces a Clearance Certificate from the State Government Department responsible for collection of royalty on extraction of minor minerals like red bajri, stone, kankar etc., in confirmation that royalty as due has been paid for the minor minerals used in the works. As soon as the Provisional Certificate of Physical Completion is issued, unless the Contractor has already obtained the Royalty Clearance Certificate and submitted to the Engineer-in-Charge, he shall apply for the Clearance Certificate to the Department concerned under intimation to the Engineer-in-Charge. The Engineer-in-Charge, on receipt of the said communication, shall write to the Department concerned to intimate if any complaint is pending against the contractor on non-payment of royalty charges for the minerals used on the works. If no complaint is pending on record till after 3 months after completion of the works and/or no communication is received from the Department concerned to the effect till Four months after the date of reference to the Department it will be deemed to have received the Clearance Certificate and the Security Deposit will be released if otherwise due.

CLAUSE 46

GENERAL OBLIGATIONS OF THE CONTRACTOR

Contractor's General Responsibilities

a) The Contractor shall, subject to the provisions of the Contract and with due care and diligence, execute and maintain the Works and provide all labour, including the supervision thereof, materials, constructional plant and all other things, whether of a temporary or permanent nature, required in and for such execution and maintenance, so far as the necessity for providing the same is specified in or is reasonably to be inferred from the Contract.

b) The Contractor shall take full responsibility for the adequacy, stability and safety of all site operations and methods of construction, provided that the Contractor

166

shall not be responsible, except as may be expressly provided in the Contract, for the design or specification of the permanent works, or for the design or specification of any temporary works prepared by the Employer.

c) The Contractor shall carry out all the works strictly in accordance with the drawings, details and instructions of the Engineer-in-Charge. In the opinion of the Engineer-in- Charge if any changes are to be made, the same shall be intimated in writing to the Contractor and the Contractor shall carry out the same. The Engineer-in-Charge's decision in this regard shall be final and not open to arbitration.

Giving Notices and Payment of Fees

This Contract shall, in all respects, be construed and operated as an Indian Contract and shall be subject to Indian laws in force from time to time. The Contractor should conform to all laws of the land and the regulations and bye-laws of any local authority and of any water or lighting companies with whose systems the structure is proposed to be connected. The Contractor shall give all notices required by the said acts, regulations or bye-laws and pay all fees in connection therewith. The Contractor shall protect and indemnify the Employer against all claims or liabilities arising from his actions in violation of such laws, ordinances, regulations and bye- laws by him. The Engineer will repay or allow to the Contractor all such sums as the Engineer-in-Charge shall certify to have been properly payable by the Employer and paid by the Contractor in respect of suchfees.

Compliance with Statutes, Regulations, etc. and Change of Law

The Contractor shall conform in all respects with the provisions of any such Statute, Ordinance or Law as aforesaid and the regulations or byelaws of any local or other duly constituted authority, which may be applicable to the Works and with such rules and regulations of public bodies and companies as aforesaid and shall keep the Employer indemnified against all penalties and liabilities of every kind for breach of any such Statute, Ordinance or Law, Regulation or Bye-Laws.

The contract price shall be adjusted to take account of any increase or decrease in cost resulting from a change in the applicable laws in India (including the introduction of new laws and the repeal or modification of existing laws) or in the judicial or official governmental interpretation of such laws, made after the last date of submission of tender, which affect the contract price and the performance of obligations under the contract.

Fossils etc.

All fossils, coins, articles of value or antiquity and structures and other remains or things of geological or archeological interest discovered on the site of the Works shall, as between the Employer and the Contractor, be deemed to be the absolute property of the Employer. The Contractor shall take reasonable precautions to prevent his workmen or

167

any other persons from removing or damaging any such article or thing and shall immediately upon discovery thereof, and, before removal, acquaint the Engineer of such discovery and carry out, at the expense of the Employer, the Engineer-in-Charge's orders as to the disposal of the same.

Opportunities for other Contractors

The Contractor shall, in accordance with the requirements of the Engineer, afford all reasonable opportunities for carrying out their work to any other Contractors employed by the Employer and their workmen and to the workmen of the Employer and of any other duly constituted authorities, who may be employed in the execution on or near the site of any work not included in the Contract or of any Contract which the Employer may enter into in connection with or ancillary to the Works.

Interference with Traffic and adjoining properties

All operations necessary for the execution of the Works shall, so far as compliance with the requirements of the Contract permits, be carried on so as not to interfere unnecessarily or improperly with the convenience of the public, or the access to use and occupation of public or private roads and footpaths to or of properties whether in the possession of the Employer or of any other person. The Contractor shall save harmless and indemnify the Employer in respect of all claims, proceedings, damages, costs, charges and expenses whatsoever arising out of, or in relation to, any such matters in so far as the Contractor is responsible therefore.

Highways Traffic

Extraordinary Traffic

The Contractor shall use every reasonable means to prevent any of the highways or bridges communicating with or on the routes to the Site from being damaged or injured by any traffic of the Contractor or any of his Sub-Contractors and, in particular, shall select routes, choose and use vehicles and restrict and distribute loads so that any such extraordinary traffic as will inevitably arise from the moving of plant and materials from and to the Site shall be limited, as far as reasonably possible, and so that no unnecessary damage or injury may be occasioned to such highways and bridges.

Special Loads

Should it be found necessary for the Contractor to move one or more loads of constructional plants, machinery or pre-constructed units or parts of units of work over part of a highway or bridge, the moving whereof is likely to damage any highway or bridge unless special protection or strengthening is carried out, then the Contractor shall, before moving the load on to such a highway or bridge, give notice to the Engineer of the weight and other particulars of the load to be moved and his proposals for protecting or strengthening the said highway or bridge. Thereafter, within fourteen days, the Engineer shall direct, in writing the course of action for the Contractor. The Contractor shall be paid for the cost of the necessary modifications only if the specific items requiring such modification are provided in the Bills of quantities.

168

Settlement of Extraordinary Traffic Claims

If during the execution of the works or at anytime thereafter, the Contractor shall receive any claim arising out of the execution of the Works, in respect of damage or injury to highways or bridges, he shall immediately report the same to the Engineer.

The Contractor shall negotiate the settlement of and pay all sums due in respect of such claim and shall indemnify the Employer in respect thereof and in respect of all claims, proceedings, damages, costs, charges and expenses in relation thereto.

Watching and Lighting

The Contractor shall in connection with the Works, provide and maintain at his own cost all lights, guards, fencing and watching when and where necessary or as required by the Engineer or by any duly constituted authority, for the protection of the Works, or for the safety and convenience of the public or others.

Way leaves etc.

The Contractor shall bear all costs and charges for special or temporary way leaves required by him in connection with access to the Site. The Contractor shall also provide at his own cost any additional accommodation outside the Site required by him for the purposes of the Works.

Site Office for the Employer

The Contractor will provide free of cost temporary furnished accommodation as detailed in Schedule ‘F’ for the Engineer and his staff, at the site of work. On expiry of the maintenance period, the Site Office shall be dismantled and site cleared unless the Employer directs otherwise. The furniture will be returned to the Contractor at whatever conditions they are an expiry of maintenance period.

Electricity Supply required at the works

46.11.1 Arrangement

The Contractor shall make his own arrangement for Electricity required for the work and nothing extra will be paid for the same.

OR

A Electric power, if available, may be made available for the work by the Employer at one or more points within the site or near the site on specified terms and conditions. The Contractor shall arrange at his own cost the necessary cabling/wiring, Switch Board and the switch gear etc and shall be responsible for their safe maintenance. Cost of Electricity supplied shall be fixed by the Employer from time to time.

(Clasue 46.11.1.A will be applicably only if so stipulated in Schedule ‘F’).

169

Conditions

a) Distribution arrangements shall be done by the Contractor at his cost as per approved layout. He shall provide required clearances for overhead lines to facilitate easy movement of machinery. These overhead lines shall be shifted and rerouted at the Contractor's cost during execution of work if the same are found to obstruct any other work of any agency working at site or requires to be shifted due to unforeseen reasons.

b) On completion of the Work, the Contractor shall, to the satisfaction of the Engineer, remove all wiring installed by him and make good, any disturbance or damage done.

c) The Contractor shall employ a certified and licenced Electrician for carrying out this

work.

Land for Contractor's Offices, Godown, Workshop

a) Subject to the availability, the Employer may allot at his own discretion and convenience land for the construction of the Contractor's site office, godowns, workshop and assembly yard near the site. Allotment of such land shall not confer any tenancy rights to the Contractor. The Contractor shall construct and maintain the same at his cost. All these temporary works shall be well ventilated, lighted and provided with water, electricity and sanitary arrangement to the approval of the Engineer.

b) The Contractor shall remove immediately on completion of the work such buildings and make good, to the satisfaction of the Engineer, all the damages sustained.

c) The Contractor shall not use the land for any purpose other than that for or in connection with the Contract.

d) In case the Contractor requires any land additional to what is made available/allotted to him, the Contractor shall make arrangements for the same at his own cost.

Land for Labour Accommodation

The Employer shall not provide any land for setting up of the Labour Camp and the

Contractor shall make his own arrangements.

OR

46.13.A Subject to availability, on specific request of the Contractor, space for labour accommodation at site may be provided free of rent to the extent possible. However it will be the responsibility of the Contractor to look after all the requirements of the labour camp such as water, sanitation, health, lighting, general living condition and welfare. In case the Contractor requires any land additional to what is made available/ allotted to him, the Contractor shall make arrangements for the same at his own cost.

(Clasue 46.13.A will be applicably only if so stipulated in Schedule ‘F’).

170

Excavated Material

The Contractor shall not sell or otherwise dispose of or remove except for the purpose of this Contract, the sand, store, clay, ballast, earth, rock or other substances or materials which may be obtained from any excavations made for the purpose of the works or any building or produce upon the site at the time of delivery of the possession thereof but all the substances, materials, buildings and produce shall be the property of the Employer. All such material which in the opinion of the Engineer- in- Charge is useful shall be stacked separately in regular stacks as directed by the Engineer-in-Charge. The Contractor may be permitted by the Engineer-in-Charge to use the same on mutually agreed payment terms.

Production of vouchers etc. by the Contractor

i) The Contractor shall, whenever required produce or cause to be produced for examination by the Engineer-in-Charge any quotation, invoice, cost or other account, book of accounts, voucher, receipt, letter, memorandum, paper of writing or any copy of or extract from any such document and also furnish information and returns verified in such manner as may be required in any way relating to the execution of this Contract or relevant for verifying or ascertaining cost of execution of this Contract and the decision of the Engineer- in-Charge on the question of relevancy of any documents, information or return being final and binding on the parties. The Contractor shall similarly produce vouchers etc. if required to prove to the Engineer-in- Charge that the materials supplied by him, are in accordance with the specifications laid down in the Contract.

ii) If any portion of the work in a Contract is being carried out by a Sub Contractor or any subsidiary or allied firm or Company in terms of permission granted under Clause 21 of Contract, the Engineer-in-Charge shall have power to secure the book of such sub Contractor or any subsidiary or allied firm or company through the Contractor and such book shall be open to the Engineer- in-Charge's inspection.

iii) The obligations imposed by sub clause (i) and (ii) above are without prejudice to the obligations of the Contractor under any statute, rules or orders binding on the Contractor.

Law governing the Contract The Contract shall be governed by the law for the time being in force in the Republic of India.

Court Jurisdiction

The Courts in the City as specified in ‘ Schedule F' alone shall have the jurisdiction to entertain any application or other proceedings in respect of anything arising under this Agreement and any award or awards made by the Arbitrator where Arbitration & Conciliation Act 1996 is applicable shall be filed in the concerned Courts in the aforesaid City only.

171

CLAUSE 47

INSURANCES TO BE TAKEN BY THE CONTRACTOR & EMPLOYER TO BE INDEMNIFIED

Insurance of Works etc

The Contractor shall effect Contractor's all risk insurance policy (CAR policy) in the joint names of the Employer and the Contractor, the name of the former being placed first in the policy, covering the following:

a) The works at their Replacement Cost.

b) All plants and equipments and other things brought to the site by the Contractor shall be insured for a sufficient amount not less than Rs.5 lacs or 1% of the Tendered Value, whichever is more.

c) Employer's building rented to the Contractor if the building or part thereof is used by the Contractor for the purpose of storing or using materials of combustible nature, on which the decision of the Engineer-in-Charge shall be final and binding.

The insurance shall be against all losses or damages from whatever causes, other than excepted risks, as defined in Clause 2 of Conditions of Contract, for which the Contractor is responsible under the Contract. The insurance cover shall be for the period of Contract stipulated in Clause 47.7 below and also for the period of maintenance, for loss or damage arising from a cause prior to commencement of the period of maintenance, and for any loss or damage, occasioned by the Contractor in the course of any operations carried out for the purpose of complying with his obligations during Maintenance Period under Clause 17 of Clauses of Contract.

Such insurance shall be effected with an insurer and with terms approved by the Employer. The Contractor shall, whenever required, produce the policy or policies and the receipts for payment of the current premiums.

Third Party Insurance

Before commencing the execution of the Works from the date specified in Clause 5 above the Contractor shall insure against the liability for any material or physical damage, loss injury or death which may occur to any property or life including that of the Employer or to any person, including any employee of the Employer, by or arising out of the execution of the Works or in the carrying out of the Contract. The sum insured will be for an amount specified in Schedule ‘ F'. After each occurrence, Contractor shall pay additional premium necessary to make insurance valid for four occurrences always The Insurance Policy should cover this amount at all times till issue of Completion Certificate by the Engineer-in-Charge.

Such insurance shall be effected with an insurer and its terms approved by the Employer. The Contractor shall, whenever required, produce before Engineer the policy or policies of insurance and the receipts of payment of the current premiums.

172

Workmen's Insurance

The Employer shall not be liable for any payment in respect of any damages or compensation payable according to law in respect or in consequence of any accident or injury or loss of life to any workman or other person in the employment of the Contractor or any sub-Contractor, except an accident or injury resulting from any act or default of the Employer, his agents or servants. The Contractor shall insure against such liability with an insurer approved by the Employer for a sum as per established norms during the entire period stipulated in Clause 47.7 below.

Recovery from the Contractor

Without prejudice to the other rights of the Employer against the Contractor in respect of such default, the Employer shall be entitled to deduct from any sums payable to the Contractor the amount of any damages, compensation costs, charges and other expenses paid by the Employer and which are payable by the Contractor under this clause.

Shortfall in payment to Contractor by the Insurance Company

In all cases where the Contractor has taken any insurances, he shall not be entitled to reimbursement by the Employer of any shortfall or deficiency in the amount payable by the Contractor towards settlement of claims and that paid by the insurer in settlement of same claim.

Insurance by Sub-Contractors

Without prejudice to his liability under this clause the Contractor shall also cause all Sub-Contractors to effect, for their respective portions of the works, similar policies of insurance in accordance with the provisions of this clause and shall produce or cause to produce to the Employer such policies. The Contractor shall not permit a Sub- Contractor to commence work at the site unless the said insurance Policies are submitted. In the event of failure of the Sub-Contractor to take out such a policy of Insurance before commencing the works at the site, the Contractor shall be responsible for any claim or damage attributable to the said Sub- Contractor.

Period of Policies

All the insurance covers mentioned above shall be kept alive during the period of the Contract from the date specified for start of the work in terms of Clause 5 above until the Contractor obtains a Maintenance Certificate from the Employer as explained in Clause 17.

Remedy on Contractor's Failure to Insure

If the Contractor shall fail to effect and keep in force the insurances referred to above, or any other insurance which he may be required to effect under the terms of the Contract, then and in any such case the Employer on advice of the Engineer-in-Charge may effect and keep in force any such insurance and pay such premium or premiums as may be necessary for that purpose and from time to time deduct the amount so paid by the Employer as aforesaid from any moneys due or which may become due to the Contractor, or recover the same as debt due from the Contractor.

173

Damage to Persons and Property - Employer to be indemnified

The Contractor shall indemnify the Employer against all losses and claims in respect of injuries or damages to any person or material or physical damage to any property whatsoever which may arise out of or in consequence of the execution and maintenance of the works and against all claims, proceedings, damages, costs, charges and expenses whatsoever in respect of or in relation thereto, except any compensation or damages for or with respect to :

a) The permanent use or occupation of land by the works or any part thereof.

b) The right of the Employer to execute the works or any part thereof on, over, under, in or through any land.

c) Injuries or damage to persons or property caused by Excepted risks or resulting from any act or neglect of the Employer, his agents, servants or other Contractors, not being employed by the Contractor or for or in respect of any claims, proceedings, damages, costs, charges and expenses in respect thereof or in relation thereto. Where the injury or damage was contributed to by the Contractor, his servants or agents, such part of the compensation as may be just and equitable having regard to the extent of the responsibility of the Employer, his servant or agent or other Contractors, for the damage or injury.

A copy of the Format for Indemnity Bond is at Annexure ‘H’.

CLAUSE 48

SAFETY AND SECURITY

Codes etc to be complied with

The Contractor shall ensure and arrange at his cost fire and the safety provisions, as per safety code of RITES. (Refer Section No. 9 of General Conditions of Contract), Indian Standards Institution, safety manuals of the Employer, if any, and such provisions as are locally in force from time to time for all labour, directly or indirectly employed in the works for performance of this Contract. The Contractor will indemnify the Employer from any consequence arising due to Contractor's failure in respect of safety provisions.

Following Codes may be referred to in this connection:

IS 5916 Safety code for construction involving use of hot bituminous materials. IS

7293 Safety code for working with construction machinery

IS 7969 Safety code for handling and storage of building materials. IS 8989

Safety code for erection of concrete framed structures.

IS 13415 Protective barriers in and around buildings - Code of Safety

IS 13416 Preventive measures against hazards at work places -

Recommendations (Parts - 1 to 5)

174

First Aid & Industrial Injuries

First aid facilities at easily accessible place shall be provided by the Contractor as per provisions of Labour Act or Rules of the Authority controlling the area where work is carried out.

48.2.2. The Contractor shall make arrangements with hospitals for ambulance service and for treatment of industrial injuries to meet eventualities leading to the need for such facilities. The Engineer shall be informed of their telephone numbers and addresses of the Hospitals.

Details of all critical industrial injuries shall be reported promptly to the Engineer.

Report shall cover type, nature, cause, physician's report and action for prevention of those types again.

General Safety Rules

Smoking within plant, restricted areas, closed areas, near storage place of lubricant oil and fuel etc. is strictly prohibited.

The Contractor shall erect and maintain barricades required in connection with his operation to guard or protect

(a) Excavation

(b) Hoisting/lifting

(c) Slab openings

(d) Hazardous areas

(e) Employer's existing property likely to be subjected to damage by the Contractor's operations

(f) Unloading spots

Accidents - Precautions at Worksite

No materials on the sites shall be so stacked or placed as to cause danger or inconveniences to any person or to the public.The Contractor shall provide all necessary fencing and lights to protect the public from accidents and shall be bound to bear expenses of defense of every suit, action or other proceedings at law, that may be brought by any person, for injury sustained, owing to neglect of the above precautions and to pay any damages and costs which may be awarded in any such suit, action or proceeding, to any such person or which may, with the consent of the Contractor be paid to compromise any claim by any such person.

175

Electrical Equipments - Precautions

All temporary and permanent electrical installations, power distribution and supply required for execution of Work shall be carried out conforming to existing industrial and domestic safety rules and regulations. Important specific points to be noted are as under,

(i) Meter room and main switches should be freely accessible at all times and fully protected against all weather conditions.

(ii) Power distribution system shall be identifiable with display marking on switches.

(iii) All power distribution shall be carried out with coated, adequately insulated and of appropriate current/load rating cables. It shall be securely routed for this purpose. No loose, naked, hanging wires shall be permitted.

(iv) Over load protection devices shall be installed whenever and wherever heavy current/load consuming construction plant or machinery susceptible to hazard is in use and as directed by the Engineer-in-charge.

(v) Metallic plugs and sockets shall be used in field work. Switch board shall be in close proximity so as to have quick control over the supply.

(vi) Proper and adequate earthing connection should be provided for all installations, plant and machinery and distribution system.

(vii) Hand lamps and inspection lamps shall be adequately insulated and guarded with wire mesh and should have proper plugs for use.

(viii) Security and illuminatory light shall be secured firmly and protected to withstand all weather conditions.

Maintenance of Safety Devices

All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in a safe condition and no scaffold, ladder or equipment shall be altered or removed while it is in use. Adequate washing and maintenance facilities shall be provided at or near places at work.

Personal Safety

All necessary personal safety equipment as considered adequate by the Engineer shall be available for use of persons employed on the Site and maintained in a condition suitable for immediate use and the Contractor shall take adequate steps to ensure

176

proper use of equipment by those concerned.

(b) Workers employed on mixing asphaltic materials, cement, and lime mortars/ concrete shall be provided with protective footwear and protective gloves.

(c) Those engaged in handling any materials which are injurious to eyes shall be provided with protective goggles.

(d) Workers employed on erection works, etc. shall be provided with helmets, safety belts etc.

(e) Workers employed on concrete finishing, welding, painting and other works above 2 metres height shall be provided with a suitable safety belt, as per Factory Rules of the locality.

177

Storing Fuel, Oil and Lubricant

The Contractor shall take approval from the Safety Officer of the Employer for storing the lubricants, oil and fuel at site for running the machinery required for the construction.

Fire Extinguishing

Suitable, sufficient number of fire extinguishers for all types of fire, shall be provided at work site. In addition, sufficient number of fire buckets filled with water and sand shall also be provided. The firefighting equipment as outlined above shall be dispersed in a suitable and purposeful manner.

Fire Precautions

The Contractor shall comply with regulations of the controlling authority in force at the site of the works relating to the precautions to be taken against fire hazards.

Protection arrangements at work site

Adequate protection against any form of damage or deterioration shall be provided for in all sections of the works. This shall include protective tapes, casings, guard rails and the likes, which shall be provided as necessary. Particular care shall be taken to protect finished surfaces during the execution of adjacent in-situ work. The Contractor shall carryout all steps necessary and comply with the directions and instructions of the Engineer to his satisfaction.

Safety Arrangements for labour

The Contractor shall, at his own expense, arrange for the safety provisions as given above and as required by the Engineer, in respect of all labour directly or indirectly employed for performance of the work and shall provide all facilities in connection therewith. In case the Contractor fails to make arrangements to provide necessary facilities as aforesaid, the Engineer shall be entitled to do so and recover the cost thereof, from the Contractor.

Safety Manual

The Contractor shall submit a Safety Manual indicating the safety measures proposed to be adopted in light of above provisions, for approval of the Engineer-in- Charge.

178

Accidents - Reporting

The Contractor shall, within twenty four (24) hours of the occurrence of any accident on, or about the Site, or in connection with the execution of the Works, report such accident to the Engineer and to the appropriate authority wherever such report is required by law. The Contractor will indemnify the Employer from all accident cases.

Security Measures

The Contractor shall be responsible at his cost for security of Works for the duration of the Contract and shall provide and maintain continuously adequate security personnel to fulfill these obligations. The requirements of security measures shall include, but not limited to, maintenance of Law and order at site, provision of all lighting, guard, flagmen, and other measures necessary for protection of Works within the camps and elsewhere at site, for all materials delivered to the site and all persons employed in connection with the Works continuously throughout working and non-working periods including nights, Sundays, holidays, for the duration of the Contract. At work sites in close proximity of traffic corridors where public are likely to come close to the work area, suitable fencing as directed by the Engineer should be provided.

CLAUSE 49

QUALITY ASSURANCE

Submission of Quality Assurance Manual

The Contractor shall on receipt of Letter of Acceptance, or as soon thereafter as possible, but not later than one month, submit to the Engineer-in-Charge for his approval a Quality Assurance Manual for the Contract works involved. The Manual should cover the following items as minimum:

i) Q.A. Plan for Basic Construction Materials indicating the details of tests to be undergone before use in works.

ii) Q.A. Plan for site activities indicating the details of tests to be conducted at the various stages of construction for various activities.

iii) In house/on site testing facilities to be developed for materials, site activities and calibration of equipments.

iv) Site documents to be maintained including records of results of tests for materials and workmanship, inventory record on availability of vital materials and their consumption vis-à-vis design requirements, site inspection records, quality audit record, safety audit record, site progress record, etc.

v) Check lists for source approval of materials etc., check lists for site activities and proforma for recording results of tests.

vi) Method statements for important construction activities.

179

Guidance in preparation

For guidance in the preparation of the Manual, the following printed Publications may be referred to :

i) Quality Assurance Manual for Construction of Concrete Structures (Bridges & Flyovers) by C.P.W.D.

ii) Compilation of Quality Assurance Circulars of C.P.W.D.

CLAUSE 50

ECOLOGICAL BALANCE

The Contractor shall maintain ecological balance by preventing deforestation, water pollution and defacing of natural landscape. The Contractor shall so conduct his construction operations as to prevent any avoidable destruction, scarring or defacing of natural surrounding in the vicinity of work. In respect of ecological balance, the Contractor shall observe the following instructions for which no extra payments will be made.

(a) Where destruction, scarring, damage or defacing may occur as a result of operations relating to Permanent or Temporary Works, the same shall be repaired, replanted or other wise corrected at Contractor's expense.All work areas shall be smoothened and graded in a manner to conform to natural appearance of the landscape as directed by the Engineer.

(b) All trees and shrubbery, which are not specifically required to be cleared or removed for construction purposes, shall be preserved and shall be protected from any damage that may be caused by Contractor's construction operations and equipment or by their Employees/Workers. The removal of trees or shrubs will be permitted only after prior approval of the Engineer. Special care shall be exercised where trees or shrubs are exposed to injuries by construction equipment, blasting, excavating, dumping, chemical damage or other operation and the Contractor shall adequately protect such trees by use of protective barriers or other methods approved by the Engineer. Trees shall not be used for anchorage. The Contractor shall be responsible for injuries to trees and shrubs caused by his operations and Employees/Workers. The terms "injury" shall include, without limitation, bruising, scarring, tearing and breaking of roots, trunks or branches. All injured trees and shrubs shall be restored as nearly practicable, without delay, to their original condition at Contractor's expense.

(c) Where trees have to be necessarily cut for progressing temporary or permanent works, the Contractor shall arrange for compensatory afforestation as may be required by Environmental Rules and Regulations.

(d) In the conduct of construction activities and operation of equipments, the Contractor shall utilize such practicable methods and devices as are reasonably available to control, prevent and otherwise minimize air/ noise pollution.

(e) Excessive emission of dust into the atmosphere will not be permitted during manufacture, handling and storage of concrete aggregates/fly ash/ earth/building materials and the Contractor shall use such methods and equipment as are necessary for collection and disposal or prevention of dust during these

180

operations. The Contractor's method of storing and handling cement shall also include means of eliminating atmospheric discharge of dust. Equipment and vehicles that give objectionable emission of exhaust gases shall not be operated. Burning of materials resulting from cleaning of trees branches, combustible construction materials and rubbish may be permitted only when atmospheric conditions for burning are considered favourable.

(f) Special care must be exercised in ensuring that the labour housed in labour camp within the work site area do not indulge in any activity like drinking alcohol, taking drugs etc and other activities that may affect the ecological balance such as cutting of shrubs for fuel, creating open air nuisance etc.

CLAUSE 51

EXECUTION OF WORKS

Mobilisation

Period of Mobilisation shall be 15 days counting from the stipulated date of start of work as mentioned in Letter of Acceptance by the Engineer-in-Charge. The Contractor shall carry out following activities within this period stated. He shall submit to the Engineer within 4 days of stipulated date of start, the proposed layout of locating offices, stores, godowns, yards, water, electric network etc. for approval of the Engineer.

Minimum following activities shall be completed within the mobilization period of 15 days or such extended period as approved by the Engineer.

• Site office of the Contractor

• Line out including establishing of grid line levels and its approval from the Engineer.

• Submitting list of proposed specialized sub-Contractors as may be required for approval of the Engineer.

• Tapping electric and water connections

• One cement godown and steel yard

• Obtaining insurance policies as per the Contract

• Obtaining labour licenses, as required

• Obtaining approval of local authorities and complying with any statutory requirements prior to actual start of work.

• Establishing water and electric network within site.

• Submitting construction programme as detailed in Clause 5 of Contract and its approval by the Engineer-in-Charge

181

.Setting out of Works

The Contractor shall be responsible for the true and proper setting-out of the Works in relating to original points, lines and levels of reference given by the Engineer in writing and for the correctness, subject as above mentioned, of the position, levels, dimension and alignment of all parts of the Works and for the provision of all necessary instruments, appliances and labour in connection therewith. If, at any time during the progress of the Works, any error shall appear or arise in the position, levels, dimensions or alignment of any part of the Works, the Contractor, on being required so to do by the Engineer shall, at his own cost, rectify such error to the satisfaction of the Engineer. The checking of any setting-out or of any line or level by the Engineer shall not in any way relieve the Contractor of his responsibility for the correctness thereof and the Contractor shall carefully protect and preserve all bench-marks, sight-rails, pegs and other things used in setting-out the works. The Contractor shall use latest equipments like Total Station/Theodolite and Auto level etc for setting out the works.

Boreholes and Explanatory Excavation

If, at any time during the execution of the Works, the Engineer shall require the

Contractor to make boreholes or to carry out exploratory excavation, such requirement shall be ordered in writing and shall be deemed to be an Extra item for which payment shall be made by the Engineer in terms of Clause 12 of Contract.

Temporary Works

The Contractor is entirely responsible for the design, construction, maintenance and removal of all temporary works employed in carrying out the Contract. Within a reasonable time (and in any case not less than fifteen days) before he intends to commence construction of any temporary works, the Contractor shall submit full particulars including drawings of the same, for the approval of the Engineer. The Engineer's approval will in no way relieve the Contractor of his responsibility for the safety of the Works, operators, adjoining property, structures or services and compliance with appropriate regulations and codes of practice. Documents for Temporary works supporting adjoining buildings, property and public utilities and roads shall also be submitted to the appropriate authority for their approval if requested/ required.

The temporary works shall be designed and constructed in such a manner as to enable the permanent structures to be built around them without detriment to their effectiveness and due allowance will be deemed to have been made for all necessary adjustments thereto to enable the Works to proceed.

Timber shoring, boards, struts or similar items shall not be left in position upon completion of the Works without the written consent of the Engineer.

182

All services or utilities on or adjoining the site which are required to be maintained operational shall be protected from movement, subsidence or damage from any cause whatsoever by adequate temporary props, struts, shores and protective screens to the approval of the Engineer and the agent of the service or utility.

The Contractor shall make safe and reinstate all areas affected by temporary works.

The Contractor shall use properly designed and manufactured steel staging platforms for carrying out work above 3.0m height. All required staging for supporting, centering, shuttering of beams, slab, masonry work, etc. shall be carried out strictly as per the Supplier’s instructions or approved arrangement. It is to be noted that designing of such work shall be carried out by the Contractor and shall be submitted for approval of the Engineer. No work above 3.0 m shall be permitted without compliance of this condition.

Plant, Temporary Works & Materials - Exclusive use

All constructional plants, temporary works and materials provided by the Contractor shall, when brought on to the site, be deemed to be exclusively intended for the execution of the Works and the Contractor shall not remove the same or any part thereof, except for the purpose of moving it from one part of the site to another, without the consent, in writing, of the Engineer, which shall not be unreasonably withheld.

Use of Site only for Works

The Contractor shall not use any portion of the Site for purpose not connected with the works without the prior written approval of the Engineer. He shall maintain permanent and Site access roads free of spillage and shall not interfere with the flow of traffic. Also same shall apply to terraces and other developed areas.

Name Board at Site

The Contractor shall prepare and display name board at site as per design approved

by the Engineer. It shall have

• Name of Project

• Name of Employer

• Name of Consulting Architect (if any)

• Name of Project Management Consultant (if any)

• Name of Contractor

183

Site Drainage/Cleaning/Nuisance

All water which may accumulate on the Site during the progress of the works or in trenches and excavation, shall be removed from the site to the satisfaction of the Engineer at the Contractor's cost.

The Site shall be maintained free from rubbish. Proper stacking of scaffolding materials, shuttering material, bricks/brick bats, steel pieces, etc. needed for work on day to day basis shall be organized, Heaps in unplanned manner and disorderly fashion shall not be permitted. The Engineer's decision in this matter shall be final.

The Contractor shall not, at any time, cause or permit any nuisance on the site or do anything which shall cause unnecessary disturbance or inconvenience to the Employer, tenants or occupants of other properties near the site and to the public in general.

Disposal of Rubbish

(i) The Contractor shall cart away from site and deposit where directed by the Engineer all refuse, etc. arising from the Works both as it accumulates and at completion of the Works at the direction of the Engineer.

(ii) It is the responsibility of the Contractor to obtain a certificate from the local authorities concerned to the effect that all rubbish arising out of Contractor's activities at the construction site or any other offsite activities borrow pits and/or disposal area (s) has been properly disposed off.

Shift Working

The Contractor shall be allowed to work in three shifts with prior approval of the Engineer.

Urgent Repairs

If, by reason of any accident or failure, or other event occurring to, in, or in connection with the Works or any part thereof, either during the execution of the Works or during the period of Maintenance, any remedial or other Work or repair shall, in the opinion of the Engineer, be urgently necessary for the safety of the Works and the Contractor is unable or unwilling at once to do such work or repair, the Employer may employ and pay other persons to carry out such work or repair as the Engineer may consider necessary. If the Work or repair so done by the Employer is work which, in the opinion of the Engineer, the Contractor was liable to do at his own expense under the Contract, all expenses properly incurred by the Employer in so doing shall be recoverable from the Contractor by the Employer or may be deducted by the Employer from any moneys due or which may become due to the Contractor. Provided always that the Engineer, shall, as soon after the occurrence of any such emergency as may be reasonably practicable, notify the Contractor thereof in writing.

184

Contractor to search

The Contractor shall, if required by the Engineer in writing, search under the directions of the Engineer for the cause of any defect, imperfection or fault appearing during the progress of the Works or within the Period of Maintenance (Defect Liability period). If such defect, imperfection or fault shall be one for which the Contractor is liable, the cost of the work carried out in searching as aforesaid shall be borne by the Contractor and he shall in such case repair, rectify and make good such defect, imperfection or fault at his own expense in accordance with the provisions of Clause 17 of Clauses of Contract.

CLAUSE 52

PROGRAMME AND PERFORMANCE

Review of Programme

If at any time it should appear to the Engineer that the actual progress of work does not conform to the approved programme the Contractor shall produce at the request of the Engineer, a revised programme showing modifications to the approved programme, necessary to ensure completion of the work within the time for completion stipulated in the Contract. The submission to and approval by the Engineer-in-Charge of such programme or the furnishing of such particulars shall not relieve the Contractor of any of his duties or responsibilities or obligations under the Contract. The Engineer-in- Charge shall have full power and authority during progress of work, to issue such instructions as may be necessary for the proper and adequate execution and maintenance of the Work. The Contractor shall carry out and be bound by the same.

Progress Reports

The Contractor shall submit periodic Progress Reports including coloured progress photographs as per the frequency and in the Proforma laid down by the Engineer indicating the details of actual Progress vis-à-vis planned progress of various components of work, for the period and up to end of the period, slippage if any, action proposed to be taken to pull back the arrears, deployment of machinery and plant, statement showing extra and substituted items submitted by Contractor and of any other item stipulated by the Engineer.

Maintenance of Records & Registers

The Contractor shall maintain Registers and Records in the format laid down by the Engineer. These Registers and Records shall be open for inspection by the Employer/ Engineer-in-charge and Engineer at all times. An important Register to be maintained is the Hindrance Register which will be an essential document for dealing with applications for extension of time by the Contractor.

185

Site Co-ordination Meetings

The Contractor will attend the Site Co-ordination Meetings with Engineer, the Consultant and other Contractors as fixed by the Engineer from time to time to discuss all issues relating to the works in general and progress and quality in particular. All costs incidental to such interaction shall be borne by the Contractor.

Site Order Book

A site order book shall be kept at the site of the work. As far as possible, all orders regarding the works are to be entered in this book. All entries therein shall be signed by the Engineer or his representative and the Contractor or his representative. In important cases, the Engineer-in-charge will countersign the entries, which have been made. The site order book shall not be removed from the work site except with written permission of the Engineer and the Contractor or his representative shall be bound to take note of all instructions and directions meant for the Contractor as entered in the site order book without having to be called on separately to note them. The Contractor shall ensure compliance of the noting in site order book within three days of the noting. In case of failure to do so, the corresponding work shall be stopped and work already done shall not be accepted.

Progress Photographs

During the Construction stage the Contractor shall take adequate number of coloured photographs showing the progress of various stages of the Work as directed by the Engineer. Size of photographs will be 125mm x 250 mm. Photographs shall be supplied with negatives to the Engineer. Each photograph shall be attested with date of photograph, location of work and brief description of what it shows. These photographs shall be from locations as fixed by the Engineer at start of work.

Poor Performance and Consequences Thereof

The Engineer-in-Charge, without prejudice to his other rights against the contractor, may declare the contractor to be a poor performer after giving him written notice of seven days in any of the following cases :

i. The contractor abandons the work for 30 days or more without valid reasons.

ii. Progress on the work is behind schedule by 25% or more of the stipulated contract period for reasons solely attributable to the contractor.

iii. Completion of work is delayed by 25% or more of the stipulated contract period for reasons solely attributable to the contractor.

iv. The contractor repeatedly (twice or more) makes claims on frivolous grounds or goes to court or seeks arbitration for such claims.

v. The contractor repeatedly (twice or more) seeks extra-contractual financial support from RITES for completing the work.

186

vi. If there are more than two instances of financial failure of contractor in making timely payments to his labour or sub contractors or to suppliers of materials.

Upon declaration of the contractor as ‘poor performer’, his name will be placed in RITES’ ‘Negative List of Contractors’ and he will not be eligible for a period of upto two years, to participate in tenders of other works which may be invited by RITES.

CLAUSE 53

INSPECTION OF WORK

Site Access

It is for the Contractor to provide safe and guarded access for the Engineer as detailed in the safety code, For inspection of works, the Contractor shall arrange at his cost required ladders, scaffolding materials, steel measuring tapes, plumb levels, theodolite or any other instrument required by the Engineer for his use at site.

The Engineer and any person authorized by him shall at all times have access to the Works and to all workshops and places where work is being prepared or from where materials, manufactured articles or machinery are being obtained for the Works and the Contractor shall afford every facility for and every assistance in or in obtaining the right to such access.

Examination of Work before covering up

No works shall be covered up or put out of view without the approval of the Engineer and the Contractor shall afford full opportunity for the Engineer to examine and measure any Work which is about to be covered up or put out of view and to examine foundations before Permanent Work is placed thereon. The Contractor shall give due notice to the Engineer whenever any such Works or foundations are ready or about to be ready for examination and the Engineer shall, without unreasonable delay, unless he considers it unnecessary and advises the Contractor accordingly, attend for the purpose of examining and measuring such works or of examining such foundations.

Uncovering and Making Opening

The Contractor shall uncover any part or parts of the Works or make openings in or through the same as the Engineer may from time to time direct and shall reinstate and make good such part or parts to the satisfaction of the Engineer. If any such part or parts have been covered up or put out of view after compliance with the requirement in Clause 53.2 above and are found to be executed in accordance with the Contract, the expenses of uncovering, making openings in or through, reinstating and making good the same shall be borne by the Employer, but in any other case all costs shall be borne by the Contractor.

CLAUSE 54

QUALITY AUDIT The Employer may decide to conduct quality audit at regular intervals on the works done by the Contractor by way of Rebound hammer tests, etc. The Contractor will be required to provide logistic supports for such activities by way of arranging approaches, ladders, scaffoldings, manpower, etc. to the Employer for conducting such audits. No extra payment will be made on this account.

187

CLAUSE 55

SAMPLE FLOOR

The Contractor shall construct one sample floor/ unit in each type of flats/ non- residential building and get the same approved from Employer including approval of fittings, fixture, finishing items and colour scheme. Employer shall give approval for sample floor/ unit within fifteen days from the date of its completion in all respects including rectification of defects, if any.

a) All fitments and fixtures used, such as electrical fittings, water supply items, sanitary fittings, woodwork and joinery will be as per Contract agreement.

b) The sample floor/unit shall act as a guideline for the construction and finishes of all other flats/floors/units.

c) The sample floor/unit shall be completed in all respects including all fittings and fixtures within a period as specified in `Schedule F' from the date of start, failing which a penalty of Rs. 2000/- (Rupees Two Thousand Only) per day of delay shall be levied.

Provided always that provision of Clause 55 shall be applicable only when so provided in Schedule ‘F’.

188

ANNEXURE A (REFER CLAUSE 1 i )

Form of Performance Security Bank Guarantee Bond

In consideration of the Employer having agreed under the terms and conditions of contract made vide his Letter of Acceptance (LOA) No ----------------------------- dated ------between --------------( the Employer ) represented by RITES Ltd for and on behalf of the Employer as an Agent/Power of Attorney Holder and -------------------- - (hereinafter called "the said Contractor) for the work ---------------------------- (herein after called the said Agreement") the Contractor having agreed to production of a irrevocable Bank Guarantee for Rs. - - - - - - - - - - - - - - - - - - - (Rupees - - - - - - - - - - - - - - - - - - - Only) as a Security/Guarantee for compliance of his obligations in accordance with the terms and conditions in the said Agreement,

1. We--------------------------(indicate the name of the Bank) (hereinafter referred to as " the Bank” hereby undertake to pay to the RITES LTD acting for and on behalf of the Employer as an A gent/Power of Attorney Holder, an amount not exceeding Rs. (Rupees only) on demand by RITES Ltd for and on behalf of the Employer as an Agent/Power of Attorney Holder.

2. We ------------------(indicate the name of the Bank) do hereby undertake to pay the amounts due and payable under this Guarantee without any demur, merely on a demand from by RITES Ltd for and on behalf of the Employer as an Agent/Power of Attorney Holder stating that the amount claimed is required to meet the recoveries due or likely to be due from the said Contractor. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs.------------------- (Rupees ----------------------------------- only).

3. We, the said Bank further under take to pay to the Employer represented by RITES Ltd. for and on behalf of the E mployer as an A gent/Power of Attorney Holder any money so demanded not withstanding any dispute or disputes raised by the Contractor in any suit or proceeding pending before any court or Tribunal relating there to, our liabilities under this present being absolute and unequivocal. The payment so made by us under this B ond shall be a valid discharge of our liability for payment thereunder and the Contractor shall have no claim against us for making such payment.

4. We - - - - - - - - - (Indicate the name of the Bank) further agree that the Guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all dues of the Employer represented by RITES Ltd for and on behalf of the E mployer as an Agent/ Power of Attorney Holder under or by virtue

189

of the said Agreement have been fully paid and its claims satisfied or discharged or till Engineer-in-Charge on behalf of the Employer represented by RITES Ltd for and on behalf of the Employer as an Agent/Power of Attorney Holder certified that the terms and conditions of the said Agreement have been fully and properly carried out by the said Contractor and accordingly discharges this Guarantee.

5 We ------------------------- (indicate the name of the Bank) further agree with the Employer presented by RITES Ltd for and on behalf of the Employer as an Agent/Power of Attorney Holder that the Employer shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of76the said Agreement or to extend time of performance by the said Contractor from time to time or to postpone for any time or from time to time any of the powers exercisable by the Employer against the said Contractor (s) and to forbear or enforce any of the terms and conditions relating to the said Agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor or for any forbearance, act of omission on the part of the Employer or any indulgence by the Employer to the said Contractor or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

6. This Guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor .

7. This Guarantee will neither be cancelled nor revoked by the bank without the written authorization of the beneficiary (RITES Ltd.). For this purpose the beneficiary would inform the Bank of their authorized signatories together with the specimen signatures.

8. This Guarantee shall be valid up to ------------------unless extended on demand by the Employer represented by RITES Ltd for and on behalf of the Employer as an Agent/Power of Attorney Holder. Not withstanding anything mentioned above, our liability

against this guarantee is restricted to Rs… ------------------------ (Rupees ---------------------------------------- Only) and unless a claim in writing is lodged with us within six months of the date of expiry or the extended date of expiry of this Guarantee, all our liabilities under this Guarantee shall stand discharged.

Dated the - name of the Bank)".

day of --------------------- for (indicate the

Note : To be put in sealed cover by Bank and addressed to the concerned officer of RITES Ltd.

190

ANNEXURE A-1 (Refer Clause 1A) Form of Bank Guarantee for replacing

Security Deposit from cash to B.G

In consideration of the Employer having agreed under the terms and conditions of contract made vide his Letter of Acceptance (LOA) No -------------------------------- dated ------between --------------( the Employer ) represented by RITES Ltd for and on behalf of the Employer as an Agent/Power of Attorney Holder and -------------------- - (hereinafter called "the said Contractor) for the work ---------------------------- (herein after called the said Agreement") the Employer having agreed to release a part of Security Deposit against production of a irrevocable Bank Guarantee by the said contractor for Rs. - - - - - - - - - - - - - - - - - - - (Rupees - - - - - - - - - - - - - - - - - - - Only) as a Security/Guarantee for compliance of his obligations in accordance with the terms and conditions in the said Agreement,



3. We, the said Bank further under take to pay to the Employer represented by RITES Ltd. for and on behalf of the E mployer as an A gent/Power of Attorney Holder any money so demanded not withstanding any dispute or disputes raised by the Contractor in any suit or proceeding pending before any court or Tribunal relating there to, our liabilities under this present being absolute and unequivocal. The payment so made by us under this B ond shall be a valid discharge of our liability for payment thereunder and the Contractor shall have no claim against us for making suchpayment.

4. We --------- (Indicate the name of the Bank) further agree that the Guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all dues of the Employer represented by RITES Ltd for and on behalf of the Employer as an Agent/Power of Attorney Holder under or by virtue of

191

the said Agreement have been fully paid and its claims satisfied or discharged or till Engineer-in-Charge on behalf of the Employer represented by RITES Ltd for and on behalf of the Employer as an Agent/Power of Attorney Holder certified that the terms and conditions of the said Agreement have been fully and properly carried out by the said Contractor and accordingly discharges this Guarantee.

5 We ------------------------- (indicate the name of the Bank) further agree with the Employer

presented by RITES Ltd for and on behalf of the Employer as an Agent/Power of Attorney Holder that the Employer shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said Contractor from time to time or to postpone for any time or from time to time any of the powers exercisable by the Employer against the said Contractor (s) and to forbear or enforce any of the terms and conditions relating to the said Agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor or for any forbearance, act of omission on the part of the Employer or any indulgence by the Employer to the said Contractor or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.



8. This Guarantee shall be valid up to ------------------unless extended on demand by the Employer represented by RITES Ltd for and on behalf of the Employer as an Agent/Power of Attorney Holder. Not withstanding anything mentioned above, our liability against this guarantee is restricted to

Rs… (Rupees Only) and unless a claim in writing is lodged with us within six months of the date of expiry or the extended date of expiry of this Guarantee, all our liabilities under this Guarantee shall stand discharged.




192

ANNEXURE A-2 (Refer Clause 5.1(b)) Form of Bank Guarantee for releasing

the withheld amount for non-achievement of milestones

In consideration of the Employer having agreed under the terms and conditions of contract made vide his Letter of Acceptance (LOA) No -------------------------------- dated ------between --------------( the Employer ) represented by RITES Ltd for and on behalf of the Employer as an Agent/Power of Attorney Holder and -------------------- - (hereinafter called "the said Contractor) for the work ---------------------------- (herein after called the said Agreement") the Employer having agreed to release the amount withheld from the contractor for not achieving the milestone(s) specified in the said Agreement against production of a irrevocable Bank Guarantee by the said contractor for Rs. - - - - - - - - - - - - - - - - - - - (Rupees - - - - - - - - - - - - - - - - - - - Only) as a Security/Guarantee for compliance of his obligations in accordance with the terms and conditions in the said Agreement,



3. We, the said Bank further under take to pay to the Employer represented by RITES Ltd. for and on behalf of the E mployer as an A gent/Power of Attorney Holder any money so demanded not withstanding any dispute or disputes raised by the Contractor in any suit or proceeding pending before any court or Tribunal relating there to, our liabilities under this present being absolute and unequivocal. The payment so made by us under this B ond shall be a valid discharge of our liability for payment thereunder and the Contractor shall have no claim against us for making suchpayment.

4. We --------- (Indicate the name of the Bank) further agree that the Guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all dues of the Employer represented by RITES Ltd for and on

193

behalf of the Employer as an Agent/Power of Attorney Holder under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till Engineer-in-Charge on behalf of the Employer represented by RITES Ltd for and on behalf of the Employer as an Agent/Power of Attorney Holder certified that the terms and conditions of the said Agreement have been fully and properly carried out by the said Contractor and accordingly discharges this Guarantee.

5 We ------------------------- (indicate the name of the Bank) further agree with the Employer presented by RITES Ltd for and on behalf of the Employer as an Agent/Power of Attorney Holder that the Employer shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said Contractor from time to time or to postpone for any time or from time to time any of the powers exercisable by the Employer against the said Contractor (s) and to forbear or enforce any of the terms and conditions relating to the said Agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor or for any forbearance, act of omission on the part of the Employer or any indulgence by the Employer to the said Contractor or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.



8. This Guarantee shall be valid up to ------------------- unless extended on demand by the Employer represented by RITES Ltd for and on behalf of the Employer as an Agent/Power of Attorney Holder. Not withstanding anything mentioned above, our liability against this guarantee is restricted to Rs… ------------------ ------ (Rupees --------------------------------------- Only) and unless a claim in writing is lodged with us within six months of the date of expiry or the extended date of expiry of this Guarantee, all our liabilities under this Guarantee shall stand discharged.




194

ANNEXURE B-1 (REFER CLAUSE 10 A)

FIELD LABORATORY AND FIELD TESTING

INSTRUMENTS LIST OF EQUIPMENTS FOR FIELD

TESTING LABORATORY

For Building Works

1. Balances

(i) 7 kg. to 10 kg. capacity, Semi-Self indicating type-Accuracy 10 gm.

(ii) 500 gm. Capacity, Semi-Self indicating type-Accuracy 1 gm.

(iii) Pan Balance - 5 kg. capacity, accuracy 10 gm.

(iv) Platform Balance - 100 kg capacity

2. Ovens-Electricity operated, thermostatically controlled upto 110o C- Sensitivity 1oC.

3. Sieves : as per IS 460-1962.

(i) I.S. Sieves - 450 mm internal dia of sizes 100mm, 80mm, 63mm, 50mm, 40mm, 25mm, 20mm, 12.5mm, 10mm, 6.3mm, 4.75mm complete with lid and pan.

(ii) I.S. Sieves - 200mm internal dia (brass frame) consisting of 2.36mm, 1.18mm, 600 microns, 425 microns, 300 microns, 212 microns, 150 microns, 90 microns, 75 microns with lid and pan.

4. Sieve shaker capable of shaking 200 mm and 300 mm dia sieves, manually operated with timing switch assembly.

5. Equipment for slump test-Slump Cone, Steel Plate, tamping rod, steel scale, scoop

195

all as per IS : 7320.

6. Dial gauges 25mm travel - 0.01 mm/ division. Least count - 2 nos.

7. 100 tonnes compression testing machine, electrical-cum manually operated.

8. Graduated measuring cylinders 200ml capacity - 3 Nos.

9. Enamel trays (for efflorosence test for bricks)

(i) 300 mm x 250 mm x 40 mm. - 2 nos (ii)

Circular plates of 250 mm dia - 4 nos.

10. Cube moulds for concrete 150 mm x 150 mm x 150 mm with Base - 24 Nos

plate as per IS: 516 Cube moulds for cement 7.06 cm x 7.06 cm x 7.06 cm - 6 nos.

11. Cube Vibrating Table Electricity operated with Table size 50 cm x 50 cm and 150 kg load carrying capacity - 1 No.

12. Unit weight measure IS:1199 - 1 No.

13. Pycnometer 1 litre capacity with 6mm dia at Apex - 2 Nos.

½ litre capacity - 2 Nos.

14. Vicat Apparatus with Dashpot complete as per IS : 5313 - 1 No.

15. Blaines' Air Permeability Apparatus Complete as per IS : 5516 - 1 No.

16. Tools for non-destructive testing of concrete.

17. Soil Testing equipment for Sieve Analysis and determination of C.B.R.Value.

FIELD TESTING INSTRUMENTS

1. Steel tapes - 3m

196

2. Vernier Calipers

3. Micrometer Screw 25mm gauge

4. A good quality plumb bob

5. Spirit minimum 30 cms long with 3 bubbles for horizontal / vertical measurement

6. Wire gauge (circular type) disc

7. Foot rule

8. Long nylon thread

9. Rebound hammer for testing concrete

10. Dynamic penetrometer

11. Magnifying glass

12. Screw driver 30 cms long

13. Ball pen hammer, 100 gms.

14. Plastic bags for taking samples

15. Moisture meter for timber

16. Earth resistance tests : for Electrical Divisions

17. Meggar

18. Glass Beaker 100 cc

197

ANNEXURE B-2 (REFER CLAUSE 10A)

In all contracts where issue of cement and steel by the Employer is not stipulated, the following special conditions shall be applicable.

1. Special conditions for cement

(1) The contractor shall procure 43 grade (conforming to IS 8112) ordinary Portland cement, as required in the work, from reputed manufacturers of cement having a production capacity not less than one million tones or more per annum, such as ACC, Ultra Tech, J.P. Rewa, Vikram, Shri Cement, Birla Jute & Cement Corporation of India etc., as approved by the Ministry of Industry, Government of India, and holding license to use ISI certification mark for their product. The tenderers may also submit a list of names of cement manufacturers which they propose to use in the work in case there is any difficulty in getting supplies from any of the Brands specified in the Tender Document. The Engineer-in-Charge reserves right to accept or reject name(s) of cement manufacturer(s) which the tenderer proposes to use in the work. No change in the tendered rates will be accepted if the Engineer-in-Charge does not accept the list of cement manufacturers, given by the tenderer, fully or partially.

The supply of cement shall be taken in 50 kg. bags bearing manufacturer’s name and ISI marking. Samples of cement arranged by the contractor shall be taken by the Engineer-in-Charge and got tested in accordance with provisions of relevant BIS codes. In case the test results indicate that the cement arranged by the contractor does not conform to the relevant BIS codes, the same shall stand rejected, and it shall be removed from the site by the contractor at his own cost within a week’s time of written order from the Engineer-in-Charge to do so.

The cement shall be brought at site in bulk supply of approximately 50 tonnes or as decided by the Engineer-in-Charge.

Unless otherwise directed by the Engineer-in-Charge, the cement godown of the capacity to store a minimum of 2000 bags of cement shall be constructed by the contractor at site of work for which no extra payment shall be made.

198

Double look provision shall be made to the cement godown. The keys of one lock shall remain with the Engineer-in-Charge or his authorized representative and the keys of the other lock shall remain with the contractor. The contractor shall be responsible for the watch and ward and safety of the cement godown. The contractor shall facilitate the inspection of the cement godown by the Engineer-in-Charge.

The cement shall be got tested by the Engineer-in-Charge and shall be used on the work only after satisfactory test results have been received. The contractor shall supply free of charge the cement required for testing including its transportation cost to testing laboratories. The cost of tests shall be borne by the contractor/Employer in the manner indicated below: for Non Mandatory Tests. In case of Mandatory Tests the cost will be borne only by the Contractor.

By the contractor, if the results show that the cement does not conform to relevant BIS codes.

By the Employer, if the results show that the cement conforms to relevant BIS codes.

The actual issue and consumption of cement on work shall be regulated and proper accounts maintained as provided in clause 10 of the contract. The theoretical consumption of cement shall be worked out as per procedure prescribed in clause 42 of the contract and shall be governed by conditions laid therein. In case the cement consumption is less than theoretical consumption including permissible variation, recovery at the rate so prescribed shall be made. In case of excess consumption no adjustment need to be made.

The cement brought to the site and the cement remaining unused after completion of the work shall not be removed from site without the written permission of the Engineer- in-Charge.

The damaged cement shall be removed from the site immediately by the contractor on receipt of a notice in writing from the Engineer-in-Charge. If he does not do so within 3 days of receipt of such notice, the Engineer-in-Charge shall get it removed at the cost of the contractor.

Similar conditions for cement of other types like slag cement etc., will apply.

199

Special Conditions for Steel

1. The Contractor shall procure TMT bars of Fe415 /Fe500 /Fe550 grade (as specified) from any producer approved/empanelled by BIS / RDSO of Indian Railways. TMT bars shall meet the provisions of IS: 1786 : 2008 pertaining to Fe 415D or Fe 500D or Fe 550D grade of steel as specified in the tender.

2. The contractor shall have to obtain and furnish manufacturer’s test certificates to the

Engineer-in-Charge in respect of all supplies of steel brought by him to the site of work.

3. Samples shall also be taken and got tested by the Engineer-in-Charge as per the provisions in this regard in relevant BIS codes and/or the applicable specifications. In case the test results indicate that the steel arranged by the contractor does not conform to the specifications, the same shall stand rejected, and it shall be removed from the site of work by the contractor at his cost within a week time or written orders from the Engineer-in- Charge to do so.

4. The steel reinforcement bars shall be stored by the contractor at site of work in such a way

as to prevent distortion and corrosion, and nothing extra shall be paid on this account. Bars of different sizes and lengths shall be stored separately to facilitate easy counting and checking.

5. For checking nominal mass, tensile strength, bend test, re-bend test etc. specimens of

sufficient length shall be cut from each size of the bar at random, and at frequency not less than that specified below :

Size of bar For consignment below

100 tonnes

For consignment above

100 tonnes

Under 10mm dia bars

One

sample for each 25 tonnes or part thereof

One


10 mm to 16 mm dia

bars

One


One


Over 16 mm dia bars One sample for each 45 tonnes or part thereof

One sample for each 50 tonnes or part thereof

200

6. The contractor shall supply free of charge the steel required for testing including its transportation to testing laboratories. The cost of tests shall be borne by the Contractor/Employer In the manner indicated below for Non Mandatory Tests. In case of Mandatory Tests the cost will be borne only by the Contractor.

By the contractor, if the results show that the steel does not conform to relevant BIS codes. By the Employer, if the results show that the steel conforms to relevant BIS codes.

7. The actual issue and consumption of steel on work shall be regulated and proper accounts

maintained as provided in clause 10 of he contract. The theoretical consumption of steel shall be worked out as per procedure prescribed in clause 42 of the contract and shall be governed by conditions laid therein. In case the consumption is less than theoretical consumption including permissible variations necessary recovery shall be made. In case of excess consumption no adjustment need to be made.

8. The steel brought to site and the steel remaining unused shall not be removed from site

without the written permission of the Engineer-in-Charge.

201

ANNEXURE ‘C’ (REFER CLAUSE 10 B ii)

PROFORMA FOR BANK GUARANTEE FOR MOBILIZATION ADVANCE

(On Non-Judicial Stamp Paper of Appropriate Value)

To,

RITES LTD.

1. In consideration of, RITES Ltd. Acting for and on behalf of as Agent/Power of Attorney Holder of (hereinafter called “The Employer”) (which expression shall unless repugnant to the subject or context include its successors and assigns) having agreed under the terms and conditions of the Contract Agreement No. dated with* in connection with the work of _ (hereinafter called "the said Contract") to make at the request of the Contractor’ a lumpsum advance of Rs. /- (Rupees only) for utilizing it for the purpose of the Contract on his furnishing a Guarantee acceptable to the Employer, we, Bank incorporated under and having one of our branches at (hereinafter referred to as "the said Bank") do hereby guarantee the due recovery by the Employer of this said advance with interest thereon as provided according to the terms and conditions of the Contract. If the said Contractor fails to utilize the said advance for the purpose of the Contract and / or the said advance together with Interest thereon as aforesaid is not fully recovered by the Employer, we, Bank hereby unconditionally and irrevocably undertake to pay to RITES Ltd. on demand and without demur to the extent of the said sum of Rs. /- (Rupees only), any claim made by the Employer on us for the loss or damage caused to or suffered by the Employer by reason of the Employer not being able to recover in full the said sum of Rs. /- (Rupees

only) with interest as aforesaid. _ _ _ _

2. We, Bank further agree that the Employer shall be the sole judge of and as to whether the said Contractor has not utilized the said advance or any part thereof for the purpose of the Contract and the extent of loss or damage caused to or suffered by the Employer on account of the said advance together with interest not being recovered in full and the decision of the Employer that the said Contractor has not utilized

202

the said advance or any part thereof for the purpose of the Contract and as to the amount or amounts of loss or damage caused to or suffered by the Employer shall be final and binding on us.

3. We, the said Bank, further agree that the Guarantee herein contained shall remain in force and effect during the period that would be taken for the performance of the said Contract and till the said advance with interest has been fully recovered and its claims satisfied or discharged and till the Employer certifies that the said advance with interest has been fully recovered from the said Contractor, and accordingly shall have no claim under this Guarantee after 30 (thirty) days from the date of satisfactory completion of the said Contract (as per the mutually agreed Work Schedule) i.e. upto and inclusive of (date) unless a notice of the claim under this Guarantee has been served on the Bank before the expiry of the said period i.e. (date) in which case the same shall be enforceable against the Bank notwithstanding the fact, that the same is enforced after the expiry of the said period.

4. The Employer shall have the fullest liberty without affecting in any way the liability of the Bank under this Guarantee or Indemnity, from time to time, to vary any of the terms and conditions of the said Contract or the advance or to extend time of performance by the said Contractor or to postpone for any time and from time to time any of the powers exerciseable by it against the said Contractor and either to enforce or forbear from enforcing any of the terms and conditions governing the said Contract or the advance available to the Employer and the said Bank shall not be released from its liability under these presents by any exercise by the Employer of the liberty with reference to the matters aforesaid or by reasons of time being given to the said Contractor or any other forbearance, act or omission on the part of the Employer or any indulgence by the Employer to the said Contractor on any other matter or thing whatsoever which under the law relating to sureties would, but for this provision, have the effect of so releasing the Bank from its such liability.

5. It shall not be necessary for the Employer to proceed against the Contractor before proceeding against the Bank and the Guarantee herein contained shall be enforceable against the Bank notwithstanding any security, which the Employer may have obtained or obtain from the Contractor shall at the time when proceedings are taken against the Bank hereunder, be outstanding or unrealized.

6. We, the said Bank, lastly undertake not to revoke this Guarantee during its currency except with the previous consent of the Employer in writing and agree that any change in the Constitution of the said Contractor or the said Bank shall not discharge our liability hereunder.

If any further extension of this Guarantee is required the same shall be extended to such required periods on receiving instructions from the Contractor M/s . on whose behalf this Guarantee is issued.

203

Notwithstanding anything contained herein before our liability under this Guarantee is restricted to Rs. (Rupees only) together with interest .Our undertaking shall commence from the date of execution and shall remain in force upto Dated this day of In presence of

For and on behalf of (the Bank) WITNESS Signature

1. Name

2. Designation Authorization No.

Seal of the Bank

The above Guarantee is accepted by the Employer For RITES Ltd.

NOTES ON PARA 1

*For Proprietary Concerns

For and on behalf of (the Employer)

as Agent/Power of Attorney Holder

Shri son of resident of carrying on business under the name and style of at (hereinafter called "the said Contractor" which expression shall unless the context requires otherwise include his heirs, executors, administrators and legal representatives).

*For Partnership Concerns

*M/s. a partnership firm with its office (hereinafter called

"the said Contractor" which expression shall unless the context requires otherwise

include their heirs, executors, administrators and legal representatives); the

names of their partners being.

(i) Shri S/o (ii) Shri S/o etc.

*For Companies

* M/s. a company under the Companies Act, 1956 and having its registered office at in the State of (hereinafter called “the said Contractor” which expression shall unless the context requires otherwise include its administrators, successors and assigns).

204

ANNEXURE ‘D’ (REFER CLAUSE10 B iii)

PROFORMA FOR HYPOTHECATION DEED FOR PLANT & MACHINERY ADVANCE

(On Non-Judicial Stamp Paper of Appropriate values in the name of the Contractor)

This indenture made the day of BETWEEN* of the one part and RITES LIMITED acting for and on behalf of as Agent/Power of Attorney Holder of (hereinafter called “the Employer” which expression shall unless the context requires otherwise include his successors and assigns) of the other part.

WHEREAS under Provision in Clause 10B (iii) of the Clauses of Contract of Agreement No. dated (hereinafter called the "Contract") between the Employer and the Contractor, the Contractor has applied to the Employer for an advance of Rs._ ……..(Rupees only) for Plant & Machinery described in the schedule hereto specifically acquired by the Contractor for the Works and brought to the site.

AND WHEREAS one of the conditions on which the said Advance of Rs. …..is to be granted by the Employer to the Contractor is that the Contractor shall hypothecate the plant and machinery described in the Schedule hereto in favour of the Employer as security for the due repayment of the said advance along with interest as due.

AND WHEREAS the Contractor has represented that he is the Owner of the Plant and

Machinery described in the Schedule hereto and the same is free from encumbrances.

NOW THIS INDENTURE WITNESSETH THAT in pursuance of the said Contract and in consideration of the promises the Contractor doth hereby hypothecate, assign and transfer to the Employer the Plant and Machinery described in the Schedule hereto with the intent that the same shall remain and form security for repayment to the Employer of the said advance of Rs. together with the interest thereon at 10% per annum.

1. The Contractor hereby agrees, declares and convenants with the Employer as follows:-

a) The Contractor shall repay to the Employer the said Advance of Rs. (Rupees only) together with

205

Interest thereon as aforesaid by and agrees that the said Advance be recovered by the Employer by making deductions in the manner provided in Clause 10B(iv) of the Clauses of Contract.

b) The Contractor has paid in full the purchase price of the Plant and Machinery described in the Schedule hereto and each and every one of them is the absolute property of the Contractor and that the same have not been sold, pledged, mortgaged or transferred or in any way dealt with by the Contractor.

c) So long as any amount remains payable to the Employer by the Contractor in respect of the said Advance of Rs. and interest thereon the Contractor shall not sell, pledge, hypothecate, transfer part with or in any way deal with the Plant and Machinery described in the Schedule hereto.

d) If the said advance of Rs. along with the interest as due shall not be repaid by the Contractor or recovered in the manner described above by the Employer by (due date) due to any reason whatsoever or the said Contract has been determined earlier or cancelled or if the Contractor shall sell, pledge, mortgage, transfer, par with or in any way deal with the said plant and machinery or any part thereof or the Contractor or any of the partners is adjudged insolvent or the Contractor firm is to be wound up or the Contractor makes any composition or arrangement with its creditors or the Contractor shall commit breach of any of the terms and conditions or covenants as herein contained or if any of the said plant and machinery or any other property whatsoever belonging to the Contractor has been sold or attached for a period of not less than 21 days in execution of the decree of any court for payment of money, the whole of the said advance of Rs. or such part thereof as may have remained unpaid or unrecovered together with interest thereon shall forthwith become due and payable.

e) The Employer may on the happening of any of the events mentioned in the preceeding clause (d) or in the event of the said advance and interest thereon or any part thereof becoming due and payable and has not been paid or recovered or cannot be recovered as provided in the said conditions, seize and take possession of the said plant and machinery (and either remain in possession thereof without removing the same or else may remove the same) and sell the said plant and machinery or any of them either by public auction or private Contract and may out of the sale proceeds retain the balance of the said advance and interest thereon remaining unpaid and unrecoveredand all costs, charges and expenses and payments incurred or made in maintaining, defending or protecting the rights of the Employer hereunder and shall pay over the surplus, if any, to the Contractor.

f) The Contractor shall at all times during the continuance of this security as stipulated in Para 2 below, the Contractor shall at his cost insure and keep insured the

206

plant and machinery described in the Schedule hereto for the full value thereof in the joint names of the Contractor and the Employer with an insurance company to be approved by the Engineer-in-Charge against the risk of loss or damage from whatever cause arising other than the Excepted Risks. During the Continuance of the security the Contractor shall pay all premia and sums of money necessary for keeping such insurance alive and the insurance policy and receipts in original for premia paid shall be deposited with the Engineer-in- Charge. The Contractor shall assign all his rights, title and interest in the policy to the Employer.

g) The Contractor shall not permit or suffer the said plant and machinery or any par thereof to be destroyed or damaged or used or to be used or to deteriorate in a greater degree than it would deteriorate by reasonable wear and tear thereof in the performance of the Contract.

h) In the event of any damage or loss happening to the said plant and machinery or any part thereof from whatever cause other than the Excepted risks the Contractor shall forthwith have the same repaired or replaced as the case may be or arrange for payment of the entire amount recovered or to be recovered from the insurance company to the Employer towards the payment of the said advance of Rs. along with interest as due.

2. Upon repayment or recovery in full of the amount secured on account of this hypothecation deed the said plant and machinery secured hereunder shall stand released from hypothecation but this is without prejudice to the right of the Employer under any other conditions of the Contract.

SCHEDULE ABOVE REFERRED TO

Sl.No. Particulars New or Nos. Purchase % of Col. 5 Advance Second price / sanctioned of Plant & hand

Machinery considered reasonable

in (Rs.)

1

2

3

4

by Engineer- in-Charge

5

6

7

207

IN WITNESS WHEREOF the parties hereto have executed these presents on the day and year first above written.

Signed and delivered Signed by Shri By the within named

(Contractor) (Name & Designation) of RITES LIMITED

In the presence of For and on behalf of the Employer

as Agent/Power of Attorney Holder

1. in the presence of

2. 1.

2 .

NOTES ON PARA 1

*For Proprietary Concerns

Shri son of resident of

carrying on business under the name and style of

at (hereinafter called "the said Contractor" which expression shall unless the context requires otherwise include his heirs, executors, administrators and legal representatives).

*For Partnership Concerns

M/s. a partnership firm with its office at (hereinafter called "the said Contractor" which expression shall unless the context requires otherwise include their heirs, executors, administrators and legal representatives); the names of their partners being

i) Shri S/o

ii) Shri S/o etc.

*For Companies

(*M/s. a company under the Companies Act, 1956 and having its registered office at in the State of hereinafter called the said Contractor’ which expression shall unless the context requires otherwise include its administrators, successors and assigns).

208

ANNEXURE – E1

(REFER CLAUE 17)

GUARANTEE BOND IN RESPECT OF WATER PROOFING WOKRS

(On Non Judicial Stamp Paper of Rs. 10)

The Agreement made this day of Two thousand and between (hereinafter called the Guarantor of the one part) and (herein after called the “Employer”) on the other part.

WHEREAS THIS agreement is supplementary to a Contract (hereinafter called the Contract) dated and made between the Guarantor of the one part and the Employer acting through RITES Ltd. as Agent/Power of Attorney Holder of the other part, whereby the Contractor, inter alia, undertook to render the buildings and structures in the said Contract cited completely water and leak-proof.

And whereas Guarantor agreed to give a guarantee to the effect that the said structures will remain water and leak-proof for five years from the date of giving of water proofing treatment.

Now the Guarantor hereby guarantees that water proofing treatment given by him will render the structures completely leak proof and the minimum life of such water proofing treatment shall be five years to be reckoned from the date after the maintenance period prescribed in the Contract.

Provided that the Guarantor will not be responsible for leakage caused by earthquake or structural defects or misuse of roof or alteration and for such purpose.

a) misuse of roof shall mean any operation which will damage water-proofing treatment, like chopping of firewood and things of the same nature which might cause damage to the roof.

b) Alteration shall mean construction of an additional storey or a part of the roof or construction adjoining to existing roof whereby water-proofing treatment is removed in parts.

c) The decision of the Employer with regard to cause of leakage shall be final.

209

During this period of Guarantee, the Guarantor shall make good all defects and in case of any defect being found, render the building water proof to the satisfaction of the Employer at his cost and shall commence the work for such rectification within seven days from the date of issue of the notice from the Employer calling upon him to rectify the defects failing which the work shall be got done by the Employer by some other Contractor at the Guarantor's cost and risk. The decision of the Employer as to the cost, payable by the Guarantor shall be final and binding.

That if Guarantor fails to execute the water proofing or commits breach there under then the Guarantor will indemnify the Employer and his successors against all loss, damage, cost expense or otherwise which may be incurred by him by reason of any default on the part of the Guarantor in performance and observance of this supplementary agreement. As to the amount of loss and/or damage and/or cost incurred by the Employer the decision of the Employer will be final and binding on the parties.

In Witness whereof these present have been executed by the Guarantor

and by (Name & Designation of Officer of RITES Ltd. ) acting for and on behalf of the Employer as Agent/Power of Attorney Holder on the day, month and year first above written.

SIGNED, SEALED and delivered by GUARANTOR in the presence of :-

1.

2.

SIGNED for and on behalf of THE EMPLOYER as Agent/Power of Attorney Holder by

in the presence of:-

1.

2.

Copy to the Employer

210

ANNEXURE ‘E-2’

(REFER CLAUSE 17)

GUARANTEE BOND FOR ANTI TERMITE TREATMENT WORKS

(On Non Judicial Stamp Paper of Rs. 10)

The Agreement made this day of Two Thousand between M/s.

(herinafter called the Guarantor of the one part) and the (hereinafter

called the Employer of the other part).

Whereas this agreement is supplementary to the Contract (hereinafter called the Contract)

dated made between the Guarantor of the one part and the Employer acting through RITES Ltd. as Agent/Power of Attorney Holder of the other part, whereby the Contractor, interalia, undertook to render the Buildings and structures in the said Contract cited completely Termite proof.

And whereas the Guarantor agreed to give a Guarantee to the effect that the said structures will remain Termite-proof for ten years to be reckoned from the date after the maintenance period prescribed in the Contract expires.

During this period of guarantee the Guarantor shall make good all defects and for that matter, shall replace at his risk and cost, such wooden members as may be damaged by termites and in case of any other defect being found he shall render the building termite proof at his cost to the satisfaction of the Engineer-in-Charge and shall commence the works of such rectification within seven days from the date of issuing notice from the Employer calling upon him to rectify the defects failing which the work shall be got done by the Employer by some other Agency at the Guarantor's cost and risk and in the latter case the decision of the Employer as to the cost recoverable from the Guarantor shall be final and binding.

That if the Guarantor fails to execute the Anti Termite Treatment or commits breaches thereunder, then the Guarantor will indemnify the Employer and his successors against all loss, damage, cost expense or otherwise which may be incurred by him by reason of any default on the part of the Guarantor in performance and observance of this supplementary agreement. As to the amount of loss and / or damage and / or cost incurred by the Employer, the decision of the Employer will be final and binding on the parties.

211

In witness whereof these present have been executed by the Guarantor and by (Name & Designation of Officer of RITES Ltd). for and on behalf of the Employer as Agent/Power of Attorney Holder on the day, month and year first above written..

SIGNED, SEALED and delivered by the GUARANTOR in the presence of

1.

2.

SIGNED for and on behalf of the Employer as Agent/Power of Attorney by --------------- (RITES LTD.) in the presence of -

1.

2.

Copy to the Employer

212

ANNEXURE ‘F1’ (REFER CLAUSE 25 (3))

FORM OF CONTRACTOR’S NOTICE FOR CONCILIATION

THROUGH EXPERT COMMITTEE (EC)

To

(Appointing Authority) RITES. Gurgaon

Dear Sir,

In terms of clause 25 of the agreement, particulars of which are given below, I/ We hereby give notice to you to appoint an Expert Committee (EC) for settlement of disputes mentioned below:

1. Name of applicant

2. Whether applicant is Individual / Prop. Firm / Partnership Firm / Ltd. co.

3. Full address of the applicant

4. Name of the work and Contract number in which arbitration sought

5. Name of the RITES Office which entered into Contract

6. Contracted amount of the work

7. Date of Contract

8. Date of start of work

9. Stipulated date of completion of work

10. Actual date of completion of work (if completed)

11. Total number of claims made

12. Total amount claimed

13. Date of intimation of Final Bill being ready (if work is completed)

14. Date of payment of Final Bill (if work is completed)

15. Amount of Final Bill (if work is completed)

16. Date of request made to Engineer- in-Charge’s for decision

17. Date of receipt of Engineer-in-Charge’s decision

213

Specimen signature of the applicant (only the person/authority who signed

the Contract should sign)

I/We certify that the information given above is true to the best of my/our knowledge. I/We enclose following documents.

1. Statement of claims with amount claimed against each claim.

2.

3.

4.

Yours faithfully,

(Signature)

Copy in duplicate to

1. Engineer-in-Charge, RITES

2. Employer

214

ANNEXURE ‘F2’ (REFER CLAUSE 25 (4))

FORM OF CONTRACTOR’S NOTICE FOR APPOINTMENT OF ARBITRATOR

To

(Appointing Authority) RITES. Gurgaon

Dear Sir,

In terms of clause 25 of the agreement, particulars of which are given below, I/ We hereby give notice to you to appoint an arbitral tribunal for settlement of disputes mentioned below:

1. Name of applicant

2. Whether applicant is Individual / Prop. Firm / Partnership Firm / Ltd. co.

3. Full address of the applicant

4. Name of the work and Contract number in which arbitration sought

5. Name of the RITES Office which entered into Contract

6. Contracted amount of the work

7. Date of Contract

8. Date of start of work

9. Stipulated date of completion of work

10. Actual date of completion of work (if completed)

11. Total number of claims made

12. Total amount claimed

13. Date of intimation of Final Bill being ready (if work is completed)

14. Date of payment of Final Bill (if work is completed)

15. Amount of Final Bill (if work is completed)

16. Date of request made to Engineer- in-Charge’s for decision

17. Date of receipt of Engineer-in-Charge’s decision

18. Date of request to Appointing Authority for conciliation through Expert Committee

215

19. Date of receipt of Appointing Authority”s decision on the recommendations given by the Expert Committee

20. Date of serving this notice to the Appointing Authority

Specimen signature of the applicant (only the person/authority who signed

the Contract should sign)

I/We certify that the information given above is true to the best of my/our knowledge. I/We enclose following documents.

1. Statement of claims with amount claimed against each claim.

2.

3.

4.

Yours faithfully,

(Signature)

Copy in duplicate to

1. Engineer-in-Charge, RITES

2. Employer

‘

216

ANNEXURE- ‘F3’ (REFER CLAUSE 25 (8))

A g reement towards Waiver under Section 12(5) and Section 31-A(5) of Arbitration and C onciliation (Amendment) Act

I/we -------------------- (Name of agency/contractor) with reference to agreement no -------------- raise disputes as to the construction and operation of this contract, or the respective rights liabilities, withholding of certificate and demand arbitration in respects of following claims; Brief of claim:

(i) Claim 1- Details at Annexure- (ii) Claim2- (iii) Claim 3-

I/we ----------------------------------- (post of Engineer) with reference to agreement no ------------ ------------- hereby raise disputes as to the construction and operation of this contract, or the respective rights liabilities, withholding of certificate and demand arbitration in respects of following claims; I/we ------------------------ do/do not agree to waive off applicability of section 12(5) of Arbitration and conciliation (Amendment) Act.

Signature of Claimant --------------------- Signature of Respondent --------------------

A greement under Section 31 A (5)

I/we ----------------------------------- (Name of Claimant) with reference to agreement no ---------- --------------- hereby waive off the applicability of Section 31-A (2) to 31-A (4) of the Arbitration and Conciliation (Amendment) Act. We further agree that the cost of arbitration will be shared by the parties as per Clause 25(38) of GCC.

Signature of Claimant --------------------- Signature of Respondent --------------------

Strike out whichever not applicable.

217

Certification by Arbitrators appointed under Clause 25 of RITES General Conditions of Contract for Works

1. Name :

2. Contract Details:

3. Prior experience (Including Experience with Arbitrations):

4. I do not have more than five on-going Arbitration cases with me.

5. I hereby certify that I have retierd from .............. w.e.f --------- and empanelled as Arbitrator with RITES.

6. I have no any part or present relationship in relation to the subject matter in dispute, whether

financial, business, professional or other kind.

Or

I have part or present relationship in relation to the subject matter in dispute, whether financial, business, professional or other kind. The list of such interests is as under;

7. I have no any part or present relationship in relation with or interest in any the parties whether

financial, business, professional or other kind, which is likely to give rise to justifiable doubts as to my independence or impartiality in terms of the Arbitration and Conciliation Act- 1996.

Or

I have past or present relationship in relation with or interest in any the parties whether financial, business, professional or other kind, which is likely to give rise to justifiable doubts as to my independence or impartiality in terms of the Arbitration and Conciliation Act- 1996. The details of such relationship or interest are as under

8. There are no concurrent circumstances which are likely to affect my ability to devote sufficient

time to the arbitration and in particular to finish the entire arbitration within twelve months.

Or

218

There are circumstances which are likely to affect my ability to devote sufficient time to the arbitration and in particular to finish the entire arbitration within twelve months. The list of such circumstances is as under;

219

ANNEXURE -’F4’ (REFER CLAUSE 25(3.3 xi))

F ees and facilities to the EC Members

EC members shall be entitled for the following fees and facilities (All the expenditure incurred in the EC proceedings shall be shared by the Parties in equal proportions. The parties shall maintain account of expenditure and present to the other for the purpose of sharing on conclusion of the EC proceedings) :

Sl. No

Fees/ Facility Entitlement

1. Fees (for one member )

Rs. 10,000 per meeting subject to maximum of Rs. 2,00,000 for the whole project. In addition, the Presiding Member shall be paid an additional amount of Rs. 2000/- per meeting towards secretarial expenses in writing minutes / EC recommendations.

2. Transportation in the city of the meeting

Car as per actual on certification basis subject to a maximum of Rs.2000/- per meeting.

3. Venue for meeting RITES conference rooms/Hotels

4. Facilities to be provided to the out - stationed member - 4(i) Travel from the city of

residence to the city of meeting

Economy class air tickets/ A.C first class train tickets/ Luxury car/ reimbursement of actual fare.

4(ii). Transport to and fro airport / railway station in the city of residence

Car as per actual.

4(iii) Stay for out stationed members

4 Star Hotel.

4(iv) Transport in the city of meeting

Car as per actual.

220

ANNEXURE ‘G’

(REFER CLAUSE 37A)

INDEMNITY BOND

(ON NON – JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)

NAME OF THE WORK:

Know all men by these presents that I/We (Name of the Contractor with address) do hereby execute Indemnity Bond in favour of RITES having their office at acting for and on behalf of (Employer) as Agent/Power of Attorney Holder.

On this day of

Whereas M/s. RITES have been appointed as the Consultant for the Project Management for and on behalf of (the Employer) for the work of under Contract No. dated .

This Deed witnesseth as follows

I/We (Name of the Contractor) hereby do indemnity and save harmless RITES having its office at from any claims by the State Government Department responsible for collection of royalty for minor minerals like red bajri, stone, kankar etc., on non-payment of royalty as due for the minor minerals used in the execution of the contract, in terms of provisions of the relevant State Act and Rules made thereon.

221

IN WITNESS WHEREOF THE

HAS SET HIS/HER HANDS ON THIS DAY OF

SIGNED AND DELIVERED BY THE AFORESAID

IN THE PRESENCE OF WITNESSES

1)

2)

222

ANNEXURE ‘H’

(REFER CLAUSE 47.9)

INDEMNITY BOND

(On Non-Judicial Stamp Paper of appropriate value)

Name of the work

KNOW all men by these presents that I/We (Name of Contractor with address)do hereby execute Indemnity Bond in favour of RITES having their office at acting for and on behalf of (the Employer) as Agent/Power of Attorney Holder.

On this day of .

WHEREAS M/s.RITES appointed as the Consultants for the Project Management for and on behalf of ----------------------------------------------------------------------------------- (the Employer) for the work of under Contract No --------------- dated with us.

THIS DEED WITNESSETH AS FOLLOWS:

I/We, (Name of Contractor) hereby do indemnify and save harmless RITES having their office at from

1. Any third party claims, civil or criminal complaints/liabilities site mishaps and other accidents or disputes and/or damages occurring or arising out of any mishaps at the site due to faulty work, negligence, faulty construction and/or for violating any law, rules and regulations in force, for the time being while executing/executed civil works by me/us.

2. Any damages, loss or expenses due to or resulting from any negligence or breach of duty on the part of me/us or any sub-Contractor/s if any, servants or agents.

3. Any claims by an employee of mine/ours or of sub-Contractors if any, under the workman compensation act and employers' Liability act, 1939 or any other law rules and regulations in force for the time being and any acts replacing and/or amending the same or any of the same as may be in force at the time and under any law in respect of injuries to persons or property arising out of and in the course of execution of the Contract

223

work and/or arising out of and in the course of employment of any workman/employee.

4. Any act or omission of mine/ours or sub-Contractor/s if any, our/their servants or agent which may involve any loss, damage, liability, civil or criminal action.

IN WITNESS WHEREOF THE HAS SET HIS/THEIR HANDS ON THIS DAY OF

SIGNED AND DELIVERED BY THE AFORESAID

IN THE PRESENCE OF WITNESSES:

1.

2.

224

Annexure I

(Refer Clause 10B)

INDENTURE FOR SECURED ADVANCES

This Indenture made the ………………….. day of ……………………………….. 20…………………………. BETWEEN ………………………………………………………………………………………. (hereinafter called the Contractor which expression shall where the context so admits or implies be deemed to include his executors administrators and assigns) of the one part and the Employer represented by RITES Ltd. as is Agent/Power of Attorney Holder (hereinafter called the Employer which expression shall where the context so admits or implies be deemed to include his successors in office and assigns) of the other part.

WHEREAS by an agreement dated …………………………….. (hereinafter called the said agreement) the Contractor has agreed AND WHEREAS the Contractor has applied to the Employer that he may be allowed advances on the security of materials absolutely belonging to him and brought by him to the site of the works the subject of the said agreement for use in the construction of such of the works as he has undertaken to execute at rates fixed for the finished work (inclusive of the cost of materials and labour and other charges) AND WHEREAS the Employer has agreed to advance to the Contractor the sum of Rupees ……………………………………………………………………… on the security of materials the quantities and other particulars of which are detailed in Accounts of Secured Advances attached to the Running Account Bill for the said works signed by the Contractor on ……………………………………………………… and the Employer has reserved to himself the option of making any further advance or advances on the security of other materials brought by the Contractor to the site of the said works. Now THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of Rupees …………………………………………. on or before the execution of these presents paid to the Contractor by the Employer receipt whereof the Contractor doth hereby acknowledge) and of such further advances (if any) as may be made to him as aforesaid the Contractor doth hereby covenant and agree with the Employer and declare as follows:-

(1) That the said sum of Rupees …………………………………………………………………. So advanced by the Employer to the Contractor as aforesaid and all or any further sum or sums advanced as aforesaid shall be employed by the Contractor in or towards expediting the execution of the said works and for no other purpose whatsoever.

225

(2) That the materials detailed in the said Account of Secured Advances which has been offered to and accepted by the Employer as security are absolutely the Contractor’s own property and free from encumbrances of any kind and the contractor will not make any application for or receive a further advance on the security of materials which are not absolutely his own property and free from encumbrances of any kind and the Contractor indemnifies the Employer against all claims to any materials in respect of which an advance has been made to him as aforesaid.

(3) That the materials detailed in the said Account of Secured Advances and all other materials on the security of which any further advance or advances may hereafter be made as aforesaid (hereinafter called the said materials) shall be used by the Contractor solely in the execution of the said works in accordance with the directions of the Engineer-in- Charge and in the term of the said agreement.

(4) That the Contractor shall make at his own cost all necessary and adequate arrangements for the proper watch, safe custody and protection against all risks of the said materials and that until used in construction as aforesaid the said materials shall remain at the site of the said works in the Contractor’s custody and on his own responsibility and shall at all times be open to inspection by the Engineer-in-Charge or any office authorized by him. In the event of the said materials or any part thereof being stolen, destroyed or damaged or becoming deteriorated in a greater degree than is due to reasonable use and wear thereof the Contractor will forthwith replace same with other materials of like quality or repair and make good the same as required by the Engineer-in-Charge.

(5) That the said materials shall not on any account be removed from the site of the said works except with the written permission of the Engineer-in-Charge or any officer authorized by him on that behalf.

(6) That the advances shall be repayable in full when or before the Contractor receives payment from the Employer of the price payable to him for the said works under the terms and provisions of the said agreement. Provided that if any intermediate payments are made to the Contractor on account of work done than on the occasion of each such payment the Employer will be at liberty to make a recovery from the Contractor’s bill for such payment by deducting therefrom the value of the said materials then actually used in the construction and in respect of which recovery has not been made previously, the value for this purpose being determined in respect of each description of materials at the rates at which the amounts of the advances made under these presents were calculated.

(7) That if the Contractor shall at any time make any default in the performance or observance in any respect of any of the terms and provisions of the said agreement or of these presents the total amount of the advance or advances that may still be owing to the Employer shall immediately on the happening of such default be repayable by the Contractor to the Employer together with interest thereon at twelve per cent per annum from the date or respective dates of such advance or advances to the date of repayment and with all costs charges, damages and expenses incurred by the Employer in or for the recovery thereof or the enforcement of this security or otherwise by reason of the default of the Contractor and the Contractor hereby covenants and agrees with the Employer to repay and pay the same respectively to him accordingly.

226

(8) That the Contractor hereby charges all the said materials with the repayment to the Employer of the said sum of Rupees ……………………………………………………… and any further sum or sums advanced as aforesaid and all costs charges, damages and expenses payable under these presents PROVIDED ALWAYS and it is hereby agreed and declared that notwithstanding anything in the said agreement and without prejudice to the powers contained therein if and whenever the covenant for payment and repayment herein before contained shall become enforceable and the money owing shall not be paid in accordance therewith the Employer may at any time thereafter adopt all or any of the following courses as he may deem best:- (a) Sieze and utilize the said materials or any part thereof in the completion of the said

works on behalf of the Contractor in accordance with the provisions in that behalf contained in the said agreement debiting the Contractor with the actual cost of effecting such completion and the amount due in respect of advances under these presents and crediting the Contractor with the value of work done as if he had carried it out in accordance with the said agreement and at the rates thereby provided. If the balance is against the Contractor he is to pay same to the Employer on demand.

(b) Remove and sell by public auction the seized materials or any part thereof and out of the moneys arising from the sale retain all the sums aforesaid repayable or payable to the Employer under these presents and pay over the surplus (if any) to the Contractor.

(c) Deduct all or any part of the moneys owing out of the security deposit or any sum due to the Contractor under the said agreement.

(9) That except in the event of such default on the part of the Contractor as aforesaid interest on the said advance shall not be payable.

(10) That in the event of any conflict between the provisions of these presents and the said agreement the provisions of these presents shall prevail and in the event of any dispute or difference arising over the construction or effect of these presents the settlement of which has not been herein before expressly provided for the same shall be referred to the Accepting Authority whose decision shall be final and the provision of the Indian Arbitration Act for the time being in force shall apply to any such reference.

In witness whereof the said …………………………….. and ……………………………………………. by the order and under the direction of the Employer have hereunto set their respective hands the day and year first above written.

Signed, sealed and delivered by …………………………………………………. the said contractor in the presence of

{Signature .............................................................. } Witness {Name ..................................................................... }

……………………………………………….. {Address ................................................................. }

227

Signed by ……………………………………………………………… by the order and direction of the Employer in the presence of

{Signature .............................................................. } Witness {Name ...................................................................... }

……………………………………………….. {Address ................................................................ }

228

ANNEXURE J

FORM OF APPLICATION BY THE CONTRACTOR FOR SEEKING EXTENSION OF TIME

1. Name of Contractor

2. Name of work as given in the Agreement

3. Agreement No.

4. Estimated amount put to tender

5. Date of commencement of work as per agreement

6. Period allowed for completion of work as per agreement

7. Date of completion as stipulated in agreement

8. Period for which extension of time has been given previously:

a) 1st extension vide No.Dated From To ( Days) b) 2nd extension vide No.Dated From To _(_ Days) Total extension previously given.

9. Reasons for which extensions have been previously given (Copies of the previous sanctions should be attached)

10. Period for which extensions is applied for now From To ( Days)

11. Hindrances on account of which extension is applied for with dates on which hindrances occurred and the period for which these are likely to last. (Details are to be filled in for each Hindrance in a tabular form )

a) Serial No. b) Nature of hindrance c) Date of occurrence d) Items of work which could not be executed on account of this hindrance e) Date of removal of hindrance f) Overlapping period if any, with reference to item g) Net delay on account of this hindrance h) Weightage of this hindrance i) Net extension applied for j) Remarks, if any.

Total period on account of hindrances mentioned above Months Days

12. Extension of time required for extra work

a) Details of extra work and the amount involved:-

b) Proportionate period of extension of time based on tendered value on account of extra work.

229

13. Total extension of time required for 11 & 12

Submitted to the Site Engineer

Signature of Contractor Dated

230

Section – 9: RITES SAFETY CODE

231

SECTION - 9

RITES SAFETY CODE

1. Suitable scaffolds should be provided for workmen for all works that cannot safely be done form the ground, or from solid construction except such short period work as can be done safely from ladders. When a ladder is used an extra mazdoor shall be engaged for holding the ladder and if the ladder is used, for carrying materials as well, suitable footholds and hand-hold shall be provided on the ladder and the ladder shall be given an inclination not steeper than ¼ to 1(1/4 horizontal and 1 vertical).

2. Scaffolding of staging more than 3.6 m (12 ft) above the ground or floor, swung or suspended from an overhead support or erected with stationary support shall have a guard rail properly attached or bolted, braced and otherwise secured at least 90 cm (3 ft) high above the floor or platform of such scaffolding or staging and extending along the entire length of the outside and ends there of with only such opening as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from swaying from the building or structure.

3. Working platforms, gangways and stairways should be so constructed that they should

not sag unduly or unequally, and if the height of the plat form or the gangway or the stairway is more than 3.6 m (12 ft) above ground level or floor level, they should be closely boarded, should have adequate width and should be suitably fastened as described in (2) above.

4 Every opening in the floor of a building or in a working platform shall be provided with suitable means to prevent the fall of person or materials by providing suitable fencing or railing whose minimum height shall be 90 cm (3 ft).

5. Safe means of access shall be provided to all working platform and other working places. Every ladder shall be securely fixed. No portable single ladder shall be over 9m. (30 ft)in length while the width between side rails in rung ladder shall in no case be less than 29 cm. (11 1/2”) for ladder upto and including 3m. (10 ft.)in length. For longer ladders, this width should be increased at least ¼ ” for each additional 30 cm. (1 foot) of length. Uniform step spacing of not more than 30 cm shall be kept. Adequate precautions shall be taken to prevent danger from electrical equipment. No materials on any of the sites or work shall be so stacked or placed as to cause danger or inconvenience to any person or the public. The contractor shall provide all necessary fencing and lights to protect the public from accident and shall be bound to bear the expenses of defense of every suit, action or other proceedings at law that may be brought by any person for injury sustained owing to neglect of the above precautions and to pay any damages and cost which may be awarded in any such suit, action or proceedings to any such person or which may, with the consent of the contractor, be paid to compensate any claim by any such person.

232

6. Excavation and Trenching – All trenches 1.2m. (4ft.) or more in depth, shall at all times be supplied thereof, with at least one ladder for each 30 m. (100 ft) in length or fraction thereof, Ladder shall extend from bottom of the trench to at least 90 cm. (3 ft) above the surface of the ground. The side of the trenches which are 1.5 m.(5 ft.) or more in depth shall be stepped back to give suitable slope or securely held by timber bracing, so as to avoid the danger of sides collapsing. The excavated materials shall not be placed within

1.5 m. (5 ft.) of the edges of the trench or half of the depth of the trench whichever is more. Cutting shall be done from top to bottom. Under no circumstances undermining or undercutting shall be done.

7. Demolition – Before any demolition work in commenced and also during the progress of the work,

(i) All roads and open areas adjacent to the work site shall either be closed or suitably protected.

(ii) No electric cable or apparatus which is liable to be a source of danger or a cable or apparatus used by the operator shall remain electrically charged.

(iii) All practical steps shall be taken to prevent danger to persons employed from risk of fire or explosion or flooding. No floor, roof or other part of the building shall be so overloaded with debris or materials as to render it unsafe.

8. All necessary personal safety equipment as considered adequate by the engineer- in- Charge should be kept available for the use of the person employed on the site and maintained in a condition suitable for immediate use, and the contractor should take adequate steps to ensure proper use of equipment by those concerned:

The following safely equipment shall invariably be provided.

(i) Workers employed on mixing asphaltic materials, cement and lime mortars shall be provided with protective footwear and protective goggles.

(ii) Those engaged in white washing and mixing or stacking of cement bags or any material which is injurious for the eyes, shall be provided with protective goggles.

(iii) Those engaged in welding works shall be provided with welder’s protective eye- shields.

(iv) Stone breaker shall be provided with protective goggles and protective clothing

233

and seated at sufficiently safe intervals.

(v) When workers are employed in sewers and manholes, which are in active use, the contractors shall ensure that the manhole covers are opened and ventilated atleast for an hour before the workers are allowed to get into the manholes, and the manholes so opened shall be cordoned off with suitable railing and provided with warning signals or boards to prevent accident to the public. In addition, the contractor shall ensure that the following safety measure are adhered to:

(a) Entry for workers into the line shall not be allowed except under supervision of the JE or any other higher officer.

(b) At least 5 to 6 manholes upstream and downstream should be kept open for at least 2 to 3 hours before any man is allowed to enter into the manhole for working inside.

(c) Before entry, presence of Toxic gases should be tested by inserting wet lead acetate paper which changes colour in the presence of such gases and gives indication of their presence.

(d) Presence of Oxygen should be verified by lowering a detector lamp into the manhole. In case, no Oxygen is found inside the sewer line, workers should be sent only with Oxygen kit.

(e) Safety belt with rope should be provided to the workers. While working inside the manhole, such rope should be handled by two men standing outside to enable him to be pulled out during emergency.

(f) The area should be barricaded or cordoned off by suitable means to avoid mishaps of any kind. Proper warning signs should be displayed for the safely of the public whenever cleaning works are undertaken during night or day.

(g) No smoking or open flames shall be allowed near the blocked manhole being cleaned.

(h) The malba obtained on account of cleaning of blocked manholes and sewer lines should be immediately removed to avoid accidents on account of slippery nature of the malba.

(i) Workers should not be allowed to work inside the manhole continuously. He should be given rest intermittently. The Engineer-in-Charge may decide the time up to which a worker may be allowed to work continuously inside the manhole.

234

(j) Gas masks with Oxygen Cylinder should be kept at site for use in emergency.

(k) Air-blowers should be used for flow of fresh air through the manholes. Whenever called for portable air blowers are recommended for ventilating the manholes. The motors for these shall be vapour proof and of totally enclosed type. Non sparking gas engines also could be used but they should be placed at least 2 meters away from the opening and on the leeward side protected from wind so that they will not be a source of friction on any inflammable gas that might be present.

(l) The workers engaged for cleaning the manholes/sewers should be properly trained before allowing to work in the manhole.

(m) The workers shall be provided with Gumboots or non sparking shoes bump helmets and gloves non sparking tools safely lights and gas masks and portable air blowers (when necessary). They must be supplied with barrier cream for anointing the limbs before working inside the sewer lines.

(n) Workmen descending manhole shall try each ladder stop or rung carefully before putting his full weight on it to guard against insecure fastening due to corrosion of the rung fixed to manhole well.

(o) If a man has received a physical injury, he should be brought out of the sewer immediately and adequate medical aid should be provided to him.

(p) The extent to which these precautions are to be taken will depend on individual situation but the decision of the Engineer-in-Charge regarding the steps to be taken in this regard in an individual case will be final.

9. The Contractor shall not employ women and men below the age of 18 years on the work of painting with product containing lead in any form. Wherever men above the age of 18 are employed on the work of lead painting, the following principles must be observed for such use.

(i) White lead, sulphate of lead or product containing this pigments, shall not be used in painting operations.

(II) Measures shall be taken, wherever required in order to prevent danger arising from the application of paint in the form of spray.

(iii) Measures shall be taken, wherever practicable, to prevent danger arising out of

235

or from dust caused by dry rubbing down and scraping.

(iv) Adequate facilities shall be provided to enable working painters to wash during and on cessation of work.

(v) Overall shall be worn by working painters during the whole of working period.

(vi) Suitable arrangement shall be made to prevent clothing put off during working hours being spoiled by painting materials.

(vii) Cases of lead poisonings and suspected lead poisoning shall be notified and shall be subsequently verified by medical man appointed by competent authority of RITES.

(viii) RITES may require, when necessary medical examination of workers.

(ix) Instructions with regard to special hygienic precautions to be taken in the painting trade shall be distributed to working painters.

(x) No paint containing lead or lead products shall be used except in the form of paste or ready made paint.

(xi) Suitable face masks should be supplied for use by the workers when paint is applied in the form of spray or a surface having lead paint is dry rubbed and scraped.

(xii) Overall shall be supplied by the contractors in the workmen and adequate facilities shall be provided to enable the working painters to wash during and on the cessation of work.

10. When the work is done near any place where there is risk of drowning, all necessary equipments should be provided and kept ready for use and all necessary steps taken for prompt rescue of any person in danger and adequate provision should be made for prompt first aid treatment of all injuries likely to be sustained during the course of the work.

11. Use of hoisting machines and tackle including their attachments, anchorage and supports shall conform to the following standards for conditions:

(i) (a) These shall be of good mechanical construction, sound materials and adequate strength and free from patent defects and shall be kept repaired and in

236

good working order.

(b) Every rope used in hoisting or lowering materials or as a means of suspension shall be of durable quality and adequate strength, and free from patent defects.

(ii) Every crane driver or hoisting appliance operator shall be properly qualified and no person under the age of 21 years should be in charge of any hoisting machine including any scaffolding winch or give signals to operator.

(iii) In case of every hoisting machine and of every chain ring hook, shackle swivel and pulley block used in hoisting or as means of suspension the safe working load shall be ascertained by adequate means. Every hoisting machine and all gear referred to above shall be plainly marked with the safe working load. In case of a hoisting machine having a variable safe working load each safe working load and the condition under which it is applicable shall be clearly indicated. No part of any machine or any gear referred to above in this paragraph shall be loaded beyond the safe working load except for the purpose of testing.

(iv) In case of the Employer’s machines, the safe working load shall be notified by the Electrical Engineer-in-Charge. As regards contractor’s machines the contractors shall notify the safe working load of the machine to the Engineer-in- Charge whenever he brings any machinery to site of work and get it verified by the Electrical Engineer concerned.

12. Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting appliances should be provided with efficient safeguards. Hoisting appliances should be provided with such means as will reduce to the minimum the risk of accidental decent of the load. Adequate precautions should be taken to reduce to the minimum the risk of any part of a suspended load becoming accidentally displaced. When workers are employed on electrical installations which are already energized, insulating mats, wearing apparel, such as gloves sleeves and boots as may be necessary should be provided. The worker should not wear any rings, watches and carry keys or other materials which are good conductor of electricity.

13. All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in safe condition and no scaffold, ladder or equipment shall be altered or removed while it is in use. Adequate washing facilities should be provided at or near places of work.

14. These safely provisions should be brought to the notice of all concerned by display on a notice board at a prominent place at work spot. The person responsible for compliance of the safety code shall be named therein by the contractor.

15. To ensure effective enforcement of the rules and regulations relating to safety

237

precautions the arrangements made by the contractor shall be open to inspection by the Labour Officer or Engineer-in-Charge of the department or their representatives.

16. Notwithstanding the above clauses from (1) to (15) there is nothing in these to exempt the contractor from the operations of any other Act or Rule in force in the Republic of India.

238

Section – 10: RITES MODEL RULES FOR PROTECTION OF HEALTH AND

SANITARY ARRANGEMENTS FOR WORKERS EMPLOYED BY RITES OR ITS

CONTRACTORS

239

SECTION – 10

MODEL RULES FOR THE PROTECTION OF

HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS EMPLOYED BY RITES OR ITS

CONTRACTORS

1. APPLICATION

These rules shall apply to all buildings and construction works in charge of RITES in which twenty or more workers are ordinarily employed or are proposed to be employed in any day during the period during which the contract work is in progress.

2. DEFINITION

Work place means a place where twenty or more workers are ordinarily employed in connection with construction work on any day during the period during which the contract work is in progress.

3. FIRST-AID FACILITIES

(i) At every work place there shall be provided and maintained, so as to be easily accessible during working hours, first aid boxes at the rate of not less than one box for

150 contract labour or part there of ordinarily employed.

(ii) The first-aid box shall be distinctly marked with a red cross on white back ground and shall contain the following equipment:

(a) For work places in which the number of contract labour employed does not exceed 50– Each first-aid box shall contain the following equipments:

240

1. 6 small sterilized dressings.

2. 3 medium size sterlised dressings.

3. 3 large size strelised dressings.

4. 3 large sterilized burn dressings.

5. 1(30 ml). bottle containing a two percent alcoholic solution of iodine.

6. 1(30 ml.) bottle containing salvolatile having the dose and mode of administration indicated on the label.

7. 1 snakebite lancet.

8. 1 (930 gms) bottle of potassium permanganate crystals.

9. 1 pair scissors.

10. 1 copy of the fist-aid leaflet issued by the Director General. Factory Advice

Service and Labour Institutes, Government of India.

11. 1 bottle containing 100 tablets (each of 5 gms) of aspirin.

12. Ointment for burns.

13. A bottle of suitable surgical antiseptic solution.

(b) For work places in which the number of contract labour exceed 50. Each first- aid box shall contain the following equipments.

1. 12 small sterilised dressings.

2. 6 medium size sterilized dressings.

241

3. 6 large size streilised dressings.

4. 6 large size sterilised burn dressings.

5. 6 (15 gms) packets sterilized cotton wool.

6. 1 (60 ml.) bottle containing a two per cent alcoholic solution iodine.

7. 1 (60 ml.) bottle containing salvolatile having the dose and mode of administration indicated on the label.

8. 1 roll of adhesive plaster.

9. 1 snake bite lancet.

10. 1 (30 ml.) bottle of potassium permanganate crystals.

11. 1 pair scissors.

12. 1 copy of the first-aid leaflet issued by the Director General Factory Advice Service and Labour Institutes/Government of India.

13. A bottle containing 100 tablets (each of 5 gms.) of aspirin.

14. Ointment for burns.

15. A bottle of suitable surgical antiseptic solution.

(iii) Adequate arrangements shall be made for immediate recoupment of the equipment when necessary.

(iv) Nothing except the prescribed contents shall be kept in the First-aid box.

(v) The first-aid box shall be kept in charge of a responsible person who shall always be readily available during the working hours of the work place.

(vi) A person in charge of the First-aid box shall be a person trained in First-aid treatment,

242

in the work places where the number of contract labour employed is 150 or more.

(vii) In work places where the number of contract labour employed is 500 or more and hospital facilities are not available within easy distance from the works, First-aid posts shall be established and run by a trained compounder. The compounder shall be on duty and shall be available at all hours when the workers are at work.

(viii) Where work places are situated in places which are not towns or cities, a suitable motor transport shall be kept readily available to carry injured person or person suddenly taken ill to the nearest hospital.

4. DRINKING WATER

(i) In every work place, there shall be provided and maintained at suitable places, easily accessible to labour, a sufficient supply of cold water fit for drinking

(ii) Where drinking water is obtained from an intermittent public water supply, each work place shall be provided with storage where such drinking water shall be stored.

(iii) Every water supply or storage shall be at a distance of not less than 50 feet from any latrine drain or other source of pollution. Where water has to be drawn from anexisting well which is within such proximity of latrine, drain or any other source of pollution, the well shall be properly chlorinated before water is drawn from it for drinking. All such wells shall be entirely closed in and be provided with a provided with a trap door which shall be dust and waterproof.

(iv) A reliable pump shall be fitted to each covered well, the trap door shall be kept locked

and opened only for cleaning or inspection which shall be done at least once a month.

5. WASHING FACILITIES

(i) In every work place adequate and suitable facilities for washing shall provided and maintained for the use of contract labour employed therein.

(ii) Separate and adequate cleaning facilities shall be provided for the use of male and

female workers.

(iii) Such facilities shall be conveniently accessible and shall be kept in clean and hygienic condition.

6. LATRINES AND URINALS

(i) Latrines shall be provided in every work place on the following scale namely:

243

(a) Where female are employed there shall be at least one latrine for every 25 females.

(b) Where males are employed, there shall be at least one latrine for every 25 males.

Provided that where the number of males or females exceeds 100, it shall be sufficient if there is one latrine for 25 males or females as the case may be upto the first 100, and one for every 50 thereafter.

(ii) Every latrine shall be under cover and so partitioned off as to secure privacy, and shall

have a proper door and fastenings.

(iii) Construction of latrines: The inside walls shall be constructed of masonry or some suitable heat-resisting non absorbent materials and shall be cement washed inside and outside at least once a year. Latrines shall not be of a standard lower than borehole system.

(iv) (a) Where workers of both sexes are employed, there shall be displayed outside each

block of latrine and urinal a notice in the language understood by the majority of the works “for men only” or “for women only” as the case may be.

(b) The notice shall also bear the figure of a man or of a woman, as the case may be.

(v) There shall be at least one urinal for male workers upto 50 and one for female workers

upto fifty employed at a time, provided that where the number of male or female workmen, as the case may be exceeds 500, it shall be a sufficient if there is one urinal for every 50 males or females upto the first 500 and one for every 100 or part thereafter.

(vi) (a) The latrines and urinals shall be adequately lighted and shall be maintained in

a clean and sanitary condition at all times.

(b) Latrines and urinals other than those connected with a flush sewage system shall comply with the requirement of the Public Health Authorities.

(vii) Water shall be provided by means of tap or otherwise so as to be conveniently

accessible in or near the latrines and urinals.

(viii) Disposal of excreta: Unless otherwise arranged for by the local sanitary authority, arrangements for proper disposal of excreta by incineration at the workplace shall be made by means of a suitable incinerator. Alternately excreta may be disposed of by

244

putting a layer of night soil at the bottom of a pucca tank prepared for the purpose and covering it with a 15 cm layer of waste or refuse and then covering it with a layer of earth for a fortnight (when it will manure).

(ix) The contractor shall at this own expense, carry out all instructions issued to him by the Engineer-in-Charge to effect proper disposal of night soil and other conservancy work in respect of the contractor’s workmen or employees on the site. The contractor shall be responsible for payment of any charges which may be leveled by Municipal of Cantonment Authority for execution of such on his behalf.

7. PROVISION OF SHELTER DURING REST

At every place there shall be provided, free of cost, four suitable sheds, two for meals and the other two for rest separately for the use of men and women labour. The height of each shelter shall not be less than 3 meters (10 ft.) from the floor level to the lowest part of the roof. These shall be kept clean and the space provided shall be on the basis of 0.6 sq.m. (6 ft.) per head.

Provided that the Engineer-in-Charge may permit subject to his satisfaction, a portion of the building under construction or other alternative accommodation to be used for the purpose.

8. CRECHES

(i) At every work place, at which 20 or more women workers are ordinarily employed, there shall be provided two rooms of reasonable dimensions for the use of their children under the age of six years. One room shall be used as a play room for the children and the other as their bedroom. The rooms shall be constructed with specifications as per clause 19H (ii) a, b, & c.

(ii) The rooms shall be provided with suitable and sufficient openings for light and ventilation. There shall be adequate provision of sweepers to keep the places clean.

(iii) The contractor shall supply adequate number of toys and games in the play room and sufficient number of cots and beddings in the bed room.

(iv) The contractor shall provide one ayaa to look after the children in the creche when the number of women workers does not exceed 50 and 2 when the number of women workers exceed 50.

(v) The use of the rooms earmarked as creches shall be restricted to children, their attendants and mothers of the children.

9. CANTEENS

(i) In every work place where the work regarding the employment of contract labour is likely to continue for six months and where in contract labour numbering one hundred or more are ordinarily employed an adequate canteen shall be provided by the contractor for the use of such contract labour.

(ii) The canteen shall be maintained by the contractor in an efficient manner.

245

(iii) The canteen shall consist of at least a dining hall, kitchen, storeroom, pantry and washing places separately for workers and utensils.

(iv) The canteen shall be sufficiently lighted at all times when any person has access to it.

(v) The floor shall be made of smooth and impervious materials and inside walls shall be lime-washed or colour washed at least once in each year. Provided that the inside walls of the kitchen shall be lime-washed every four months.

(vi) The premises of the canteen shall be maintained in a clean and sanitary condition.

(vii) Waste water shall be carried away in suitable covered drains and shall not be allowed to accumulate so as to cause a nuisance.

(viii) Suitable arrangements shall be made for the collection and disposal for garbage.

(ix) The dining hall shall accommodate at a time 30 per cent of the contract labour working at a time.

(x) The floor area of the dining hall, excluding the area occupied by the service counter and any furniture except tables and chairs shall not be less than one square meter (10 Sft.) per diner to be accommodated as prescribed in sub-Rule 9.

(xi) (a) A portion of the dining hall and service counter shall be partitioned off and reserved for women workers in proportion to their number.

(b) Washing places for women shall be separate and screened to secure privacy.

(xii) Sufficient tables stools, chair or benches shall be available for the number of diners to be accommodated as prescribed in sub-Rule 9.

(xiii) (a) 1. There shall be provided and maintained sufficient utensils crockery, furniture and any other equipments necessary for the efficient running of the canteen.

2. The furniture utensils and other equipment shall be maintained in a clean and hygienic condition.

(b) 1. Suitable clean clothes for the employees serving in the canteen shall be provided and maintained.

2. A service counter, if provided, shall have top of smooth and impervious materials.

246

3. Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of utensils and equipments.

(xiv) The food stuffs and other items to be served in the canteen shall be in conformity with the normal habits of the contract labour.

(xv) The charges for food stuffs, beverages and any other items served in the canteen shall be based on ‘No profit, No loss’ and shall be conspicuously displayed in the canteen.

(xvi) In arriving at the price of food stuffs, and other article served in the canteen, the following items shall not be taken into consideration as expenditure namely:

(a) The rent of land and building.

(b) The depreciation and maintenance charges for the building and equipments provided for the canteen.

(c) The cost of purchase, repairs and replacement of equipments including furniture, crockery, cutlery and utensils.

(d) The water charges and other charges incurred for lighting and ventilation.

(e) The interest and amounts spent on the provision and maintenance of equipments provided for the canteen.

(xvii) The accounts pertaining to the canteen shall be audited once every 12 months by registered accountants and auditors.

10. ANTI MALARIAL PRECAUTIONS

The contractor shall at his own expense, conform to all anti-malaria instructions given to him by the Engineer-in-Charge including the filling up of any borrow pits which may have been dug by him.

11. The above rules shall be incorporated in the contracts and in notices inviting tenders and shall form an integral part of the contracts.

12. AMENDMENTS

RITES may, from time to time, add to or amend rules and issue directions, it may consider necessary for the purpose of removing any difficulty which may arise in the administration thereof.

247

Section-11: RITES CONTRACTOR’S LABOUR REGULATIONS

248

SECTION – 11

RITIES CONTRACTOR’S LABOUR REGULATIONS

1. SHORT TITLE

These regulations may be called RITIES Contractor’s Labour Regulations

2. DEFINITIONS

(i) Workman means any person employed by RITES or its contractor directly or indirectly through a sub contractor with or without the knowledge of RITES to do any skilled, semiskilled or unskilled manual supervisory, technical or clerical work for hire or reward, whether the terms of employment are expressed or implied but does not include any person :–

(a) Who is employed mainly in a managerial or administrative capacity; or

(b) Who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per mensem or exercises either by the nature of the duties attached to the office or by reason of powers vested in him, functions mainly of managerial nature

; or

(c) Who is an out worker, that is to say, person to whom any article or materials are given out by or on behalf of the principal employers to be made up cleaned, washed, altered, ornamental finished, repaired adopted or otherwise processed for sale for the purpose of the trade or business of the principal employers and the process is to be carried out either in the home of the out worker or in some other premises, not being premises under the control and management of the principal employer.

No person below the age of 14 years shall be employed to act as a workman.

(ii) Fair Wages means whether for time or piece work fixed and notified under the provisions of the Minimum Wages Act 1948 from time to time.

(iii) Contractors shall include every person who undertakes to produce a given result other than a mere supply of goods or articles of manufacture through contract labour or who supplies contract labour for any work and includes a subcontractor.

249

(iv) Wages shall have the same meaning as defined in the Payment of Wages Act.

3. (i) Normally working hours of an adult employee should not exceed 9 hours a day. The working day shall be so arranged that inclusive of interval for rest, if any, it shall not spread over more than 12 hours on anyday.

(ii) When an adult worker is made to work for more than 9 hours on any day or for more than 48 hours in any week he shall be paid over time for the extra hours put in by him at double the ordinary rate of wages.

(iii) (a) Every worker shall be given a weekly holiday normally on a Sunday, in accordance with the provisions of the Minimum Wages (Central) Rules 1960 as amended from time to time irrespective of whether such worker is governed by the Minimum Wages Act or not.

(b) Where the minimum wages prescribed by the Government under the Minimum Wages Act are not inclusive of the wages for the weekly day of rest, the worker shall be entitled to rest day wages at the rate applicable to the next preceding day, provided he has worked under the same contractor for a continuous period of not less than 6 days.

(c) Where contractor is permitted by the Engineer-in-Charge to allow a worker to work on a normal weekly holiday, he shall grant a substituted holiday to him for the whole day on one of the five days immediately before or after the normal weekly holiday and pay wages to such workers for the work preformed on the normal weekly holiday at overtime rate.

4. DISPLAY OF NOTICE REGARDING WAGES ETC.

The contractor shall before he commences his work on contract, display and correctly maintain and continue to display and correctly maintain in a clear

and legible condition in conspicuous places on the work, notices in English and in the local Indian languages spoken by the majority of the workers giving the minimum rates of wages fixed under Minimum Wages Act, the actual wages being paid, the hours of work for which such wage are earned, wages periods, dates of payments of wages and other relevant information as per Appendix ‘III’.

5. PAYMENT OF WAGES

(i) The contractor shall fix wage periods in respect of which wages shall be payable.

250

(ii) No wage period shall exceed one month.

(iii) The wages of every person employed as contract labour in an establishment or by a contractor where less than one thousand such persons are employed shall be paid before the expiry of seventh day and in other cases before the expiry of tenth day after the last day of the wage period in respect of which the wages are payable.

(iv) Where the employment of any worker is terminated by or on behalf of the contractor the wages earned by him shall be paid before the expiry of the second working day form the day on which his employment is terminated.

(v) All payment of wages shall be made on a working day at the work premises and during the working time and on a date notified in advance and in case the work is completed before the expiry of the wages period, final payment shall be made within 48 hours of the last working day.

(vi) Wages due to every worker shall be paid to him direct or to other person authorised by him in this behalf.

(vii) All wages shall be paid in current coin or currency or in both.

(viii) Wages shall be paid without any deductions of any kind except those specified by the Central Government by general or special order in this behalf or permissible under the Payment of Wages Act 1956.

(ix) A notice showing the wages period and the place and time of disbursement of wages shall be displayed at the place of work and a copy sent by the contractor to the Engineer-in-Charge under acknowledgement.

(x) It shall be the duty of the contractor to ensure the disbursement of wages in the presence of the Junior Engineer or any other authorized representative of the Engineer-in-Charge who will be required to be present at the place and time of disbursement of wages by the contractor to workmen.

(xi) The contractor shall obtain from the Junior Engineer or any other authorised representative of the Engineer-in-Charge as the case may be a certificate under his signature at the end of the entries in the “Register of Wages” or the “Wage- cum- Muster Roll” as the case be in the following form:

“Certified that the amount shown in column No ....................................... has been paid to the workman concerned in my presence on ................. at ................ .

251

6. FINES AND DEDUCTIONS WHICH MAY BE MADE FROM WAGES

(i) The wages of a worker shall be paid to him without any deduction of any kind except the following:

(a) Fines.

(b) Deductions for absence from duty i.e. from the place or the places where by the terms of his employment he is required to work. The amount of deduction shall be in proportion to the period for which he was absent.

(c) Deduction for damage to or loss of goods expressly entrusted to the employed person for custody, or for loss of money or any other deduction which he is required to account, where such damage or loss is directly attributable to his neglect or default.

(d) Deduction for recovery of advances or for adjustment of overpayment of wages, advances granted shall be entered in a register.

(e) Any other deduction which the Central Government may from time to time allow.

(ii) No fines should be imposed on any worker save in respect of such acts and omissions on his part as have been approved of by the Chief Labour Commissioner.

Note : An approved list of Acts and Omissions for which fines can be imposed is enclosed as Appendix – X.

(iii) No fines shall be imposed on a worker and no deduction for damage or loss shall be

made for his wages until the worker has been given an opportunity of showing cause against such fines or deductions.

(iv) The total amount of fine which may be imposed in any one wage period on a worker shall not exceed an amount equal to three praise in a rupee of the total wages, payable to him in respect of that wage period.

(v) No fine imposed on any worker shall be recovered from him by installment, or after the expiry of sixty days from the date on which it was imposed.

(vi) Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed.

7. LABOUR RECORDS

252

(i) The contractor shall maintain a Register of persons employed on work on contract in

Form XIII of CL (R & A) Central Rules 1971 (Appendix IV).

(ii) The contractor shall maintain in Muster Roll register in respect of all workmen employed by him on the work under Contract in Form XVI of CL (R & A) Rules 1971 (Appendix V).

(iii) The contractor shall maintain a Wage Register in respect of all workmen employed by

him on the work under contract in Form XVII of the CL (R & A) Rules 1971 (Appendix VI).

(iv) Register of accident – The contractor shall maintain a register of accidents in such

form as may be convenient at the work place but the same shall include the following particulars.

(a) Full particulars of the labourer who met with accident

(b) Rate of wages

(c) Sex

(d) Age

(e) Nature of accident and cause of accident

(f) Time and date of accident

(g) Date and time when admitted in Hospital

(h) Date of discharge from the Hospital

(i) Period of treatment and result of treatment

(j) Percentage of loss of earning capacity and disability as assessed by Medical Officer

(k) Claim required to be paid under Workmen’s Compensation Act

253

(l) Date of payment of compensation

(m) Amount paid with details of the person to whom the same was paid

(n) Authority by whom the compensation was assessed

(o) Remarks

(v) The contractor shall maintain a Register of fines in the Form XII of the CL (R & A) Rule 1971 (Appendix - XI). The contractor shall display in a good condition and in a conspicuous place of work the approved list of acts and omissions for which fines can be imposed (Appendix- X).

(vi) The contactor shall maintain a Register of deductions for damage or loss in Form XX

of the CL (R & A) Rules 1971 (Appendix - XII).

(vii) The contactor shall maintain a Register of deductions for damages or loss in Form XXIII of the CL (R & A) Rules 1971 (Appendix - XIII).

(viii) The contractor shall maintain a Register of Overtime in From XXIII if the CL (R & A) Rules 1971 (Appendix - XIV).

8. ATTENDANCE CARD-CUM WAGE SLIP

(i) The contractor shall issue an Attendance card-cum-wage slip to each workman employed by him in the specimen form at Appendix-VII.

(ii) The card shall be valid for each wage period.

(iii) The contractor shall mark the attendance of each workman on the card twice each day, once at the commencement of the day and again after the rest interval, before he actually starts work.

(iv) The card shall remain in possession of the worker during the wages period under reference.

(v) The contractor shall complete the wage slip portion on the reverse of the card at least a day prior to the disbursement of wages in respect of the wages period under reference.

254

(vi) The contractor shall obtain the signature or thumb impression of the worker on the wage slip at the time of disbursement of wages and retain the card with himself.

9. EMPLOYMENT CARD

The contractor shall issue an Employment Card in Form XIV of the CL (R & A) Central Rules 1971 to each worker within three days of the employment of the worker (Appendix - VIII).

10. SERVICE CERTIFICATE

On termination of employment for any reason whatsoever the contractor shall issue to the workman whose services have been terminated, a Service certificate in Form XV of the CL (R & A) Central Rules 1971 (Appendix - IX).

11. PRESERVATION OF LABOUR RECORDS

All records required to be maintained under Regulations Nos. 6 & 7 shall be preserved in original for a period of three years from the date of last entries made in them and shall be made available for inspection by the Engineer-in-Charge or labour Officer or any other officers authorized by the Central Government or RITES in this behalf.

12. POWER OF LABOUR OFFICER TO MAKE INVESTIGATIONS OR ENQUIRY

The labour officer or any person authorized by central Government on their behalf shall have power to make enquires with a view to ascertaining and enforcing due and proper observance of Fair Wage Clause and the Provisions of these Regulations. He shall investigate into any complaint regarding the default made by the contractor or subcontractor in regard to such provision.

13. REPORT OF LABOUR OFFICER

The Labour officer or other persons authorised shall submit a report of result of his investigation or enquiry to the Site Engineer concerned indicating the extent, if any, to which the default has been committed with a note that necessary deductions from the contractor’s bill be made and the wages and other dues be paid to the labourers concerned. In case an appeal is made by the contractor under Clause 14 of these regulations, actual payment to labourers will be made by the Site Engineer after the Engineer-in-Charge has given his decision on such appeal.

(i) The Site Engineer shall arrange payments to the labour concerned within 45 days from the receipt of the report from the Labour Officer or the Engineer-in-Charge as

255

the case may be.

14. APPEAL AGAINST THE DECISION OF LABOUR OFFICER

Any person aggrieved by the decision and recommendations of the Labour Officer or other person so authorised may appeal against such decision to the Engineer-in- Charge concerned within 30 days from the date of decision, forwarding simultaneously a copy of his appeal to the Site Engineer concerned, but subject to such appeal, the decision of the officer shall be final and binding upon the contractor.

15. PROHIBITION REGARDING REPRESENTATION THROUGH LAWYER

(i) A workman shall be entitled to be represented in any investigation or enquiry under these regulations by:

(a ) An officer of a registered trade union of which he is a member

(b) An officer of a federation of trade unions to which the trade union referred to in clause (a) is affiliated.

(c) Where the employers is not a member of any registered trade union, by an officer of a registered trade union, connected with the industry in which the worker is employed or by any other workman employed in the industry in which the worker is employed.

(ii) An employer shall be entitled to be represented in any investigation or enquiry under these regulations by:

(a) An officer of an association of employers of which he is a member

(b) An officer of a federation of associations of employers to which association referred to in clause (a) is affiliated.

(c) Where the employer is not a member of any association of employers, by an officer of association of employers connected with the industry in which the employer is engaged or by any other employer, engaged in the industry in which the employer is engaged.

(iii) No party shall be entitled to be represented by a legal practitioner in any investigation or enquiry under these regulations.

256

16. INSPECTION OF BOOKS AND SLIPS

The contractor shall allow inspection of all the prescribed labour records to any of his workers or to his agent at a convenient time and place after due notice is received to the Labour Officer or any other person, authorized by the Central Government on his behalf.

17. SUBMISSIONS OF RETURNS

The contractors shall submit periodical returns as may be specified from time to time.

18. AMENDMENTS

RITES may from time to time add to or amend the regulations and on any question as to the application/interpretation or effect of those regulations the decision of the Engineer- in- Charge concerned shall be final.

257

REGISTER OF MATERNITY BENEFITS (Clause 19 F)

Appendix ‘I’

Name and address of the contractor ……………………………………………………………

Name and location of the work ………………………………………………………………..

Name of the employee

Father’s/husband ’s name

Nature of employment

Period of actual employment

Date on which notice of

confinement given

1 2 3 4 5

D ate on which maternity leave commenced and ended

Date of delivery/miscar

riage

In case of delivery In case of miscarriage`

Commenced Ended Commenced Ended

6 7 8 9 10

258

Leave pay paid to the employee

In case of delivery In case of miscarriage Remarks

Rate of leave pay

Amount paid Rate of leave pay

Amount paid

11 12 13 14 15

259

Appendix ‘ II’

SPECIMEN FORM OF THE REGISTER, REGARDING MATERNITY BENEFIT ADMISSIBLE TO THE

CONTRACTOR’S LABOUR

Name and address of the contractor ……………………………………………

Name and location of the work …………………………………………………..

1. Name of the woman and her husband’s name.

2. Designation

3. Date of appointment.

4. Date with months and years in which she is employed.

5. Date of discharged/dismissal, if any.

6. Date of production of certificates in respect of pregnancy.

7. Date on which the women Informs about the expected delivery.

8. Date of delivery/miscarriage/death.

9. Date of production of certificates in respect of delivery/miscarriage.

10. Date with the amount of maternity/death benefit paid in advance of expected delivery.

11. Date with amount of subsequent payment of maternity benefit.

12. Name of the person nominated by the woman to receive the payment of the maternity benefit

after her death.

13. If the woman, dies, the date of her death, the name of the person to whom maternity benefit

amount was paid. The month thereof and the date of payment.

14. Signature of the contractor authenticating entries in the register.

15. Remarks column for the use of Inspecting Officer.

260

Appendix ‘III’

Labour Board

Name of work ………………………………………………………………

Name of Contractor ………………………………………………………………

Address of Contractor ………………………………………………………………

Name and address of Employer ………………………………………………………………

Name of RITES’ Engineer in Charge ………………………………………………………………

Address of RITES’ Engineer in Charge ………………………………………………………………

Name of Labour Enforcement Officer ………………………………………………………………

Address of Labour Enforcement Officer ………………………………………………………………

Sl. No. Category Minimum wage

fixed

Actual wage

paid

Number present Remarks

Weekly holiday ………………………………………………………………

Wage period ………………………………………………………………

Date of payment of wages ………………………………………………………………

Working hours ………………………………………………………………

Rest interval ………………………………………………………………

261

Appendix ‘IV’

Form-XIII (See Rule 75)

Register of workmen Employed by Contractor

Name and address of contractor …………………………………………

Name and address of establishment under which contract is carried on

…………………………………………………………………..

Nature and location of work …………………………………………………………..

Name and address of Principal Employer ………………………………………………………………..

Sl. N

o.

N

ame

and

Surn

ame

of w

orkm

an

Age

and

Sex

Fa

ther

’s/

Hus

band

’s

nam

e

N

atur

e of

em

ploy

men

t/des

igna

tion

Perm

anen

t hom

e ad

dres

s of

the

wor

kman

(V

illag

e an

d Te

hsil,

Tul

ak a

nd D

istr

ict)

Lo

cal A

ddre

ss

D

ate

of c

omm

ence

men

t of e

mpl

oym

ent

Si

gnat

ure

or th

umb

impr

essi

on o

f the

w

orkm

an

D

ate

of te

rmin

atio

n of

em

ploy

men

t

R

easo

ns fo

r ter

min

atio

ns

R

emar

ks

1 2 3 4 5 6 7 8 9 10 11 12

262

Appendix ‘V’

Form-XVI (See Rule 78 (2) (a))

Muster Roll

Name and address of contractor ………………………………….……………………………


…………………………………………………………………..

Nature and location of work …………………………………………………………..

Name and address of Principal Employer ......................................................................... For the Month of

fortnight …………………………………..

Sl. No.

Name of workma

n

Sex Father’ s/

husba nd’s name

Dates Remarks

1 2 3 4 5 6

1 2 3 4 5

263

Appendix ‘VI’

Form –XVII (See Rule 78(2) (a)

Register of wages

Name and address of Contractor …………………………………………………………………..


…………………………………………………………………..

Name and location of work …………………………………………………………………..

Name and address Principal Employer …………………………………………………………………..

wages period Monthly Fortnight

Sl

. No.

N

ame

of W

orkm

an

Se

rial N

o.in

the

regi

ster

of

wor

kman

Des

igna

tion

/ nat

ure

of

wor

k do

ne

N

o. o

f day

s w

ork

done

U

nits

of w

ork

done

Dai

ly ra

te o

f wag

es/p

iece

ra

te

A

mou

nt o

f wag

es e

arne

d

D

educ

tions

if a

ny (i

ndic

ate

natu

re)

N

et a

mou

nt p

aid

Si

gnat

ure

of th

ub im

pres

sion

of t

he w

orkm

an

In

itial

of c

ontr

acto

r or h

is re

pres

enta

tive

Bas

ic w

ages

D

earn

ess

allo

wan

ce

O

vert

ime

Oth

er c

ash

paym

ent

indi

cate

nat

ure

To

tal

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

264

Appendix ‘VII’

Wage card

Wage Card No ……………………………………………….

Name and address of contractor …………………………… Date of issue………………………………...

Name and location of work …………………………………. Designation………………………………….

Name of workman …………………………………………… Month/fortnight……………………………...

Rate of Wages ……………………………………………….

1 2 3 4 5 6 7 8 9 10

11

12

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

Mor

ning

Rat

e

Even

ing

Amou

nt

Initi

al

Received from ………………………………. the sum Rs. ………………………………….. on account of my wages

The Wages Card is valid for on the date of issue Signature

265

Appendix ‘VIII’

Form –XIV

[See rule 76]

Employment Card

Name and address of Contractor …………………………………………………..……..

Name and address of establishment under which contract is carried on ………………………………………………

Name and location of work …………………………………………………..……..………………………………………

Name and address Principal Employer …………………………………………………..……..……………………….

1. Name of the workman …………………………………………………..……..

2. Sl. No. in the register of workman employed …………………………………………………..……..

3. Nature of employment/ designation …………………………………………………..……..

4. Wage rate (with particulars of unit in case of piece work) …………………………………………………..……..

5. wage period …………………………………………………..……..

6. Tenure of employment …………………………………………………..……..

7. Remarks …………………………………………………..……..

Signature of contractor

266

Appendix ‘IX’

Form –XV (See Rule 77)

Service Certification

Name and address of Contractor …………………………………………………………..……………………….…….

Nature and Location of work …………………………………………………………………………………………..…….

Name address of workman …………………………………………………………………………………………...……..

Age or date of birth ……………………………………………………………………………………...………….…..……..

Identification marks …………………………………………………………..…………………………………..……..……..

Father’s Husband’s Name …………………………………………………………..……………………..…………….…..

Name and address of establishment in under which contract is carried on…………………………………..

Name and address of Principal Employed………………………………………………………………………..

Sl. No.

Total Period for which

employed

Nature of Work

done

Rate of wages (with particulars of unit in case of piece

work)

Remarks

Form To

1 2 3 4 5 6

267

Appendix ‘X’

LIST OF ACTS AND OMISSINS FOR WHICH FINE CAN BE IMPOSED

In accordance with rule 7 (v) of the CPWD Contractor’s Labour Regulations of Regulations to

be displayed prominently at the site of work both in English and local Language.

1. Withful insubordination or disobedience, whether alone or in combination with other. 2. Theft fraud or dishonesty in connection with the contractors besides a business or property

of CPWD. 3. Taking or giving bribes or any illegal gratification. 4. Habitual late attendance. 5. Drunkenness lighting, riotous or disorderly or indifferent behavior. 6. Habitual negligence. 7. Smoking near or around the area where combustible or other materials are locked. 8. Habitual indiscipline. 9. Causing damage to work in the progress or th property of the CPWD or of the contractor. 10. Sleeping on duty. 11. Malingering or slowing down work. 12. Giving of false information regarding name, age father’s name, etc. 13. Habitual loss of wage cards supplied by the employers. 14. Unauthorised use of employer’s property of manufacturing or making of unauthorized

particles at the work place. 15. Bad workmanship in construction and maintenance by skilled workers which is not

approved by the department and for which the contractors are compelled to undertake rectifications.

16. Making false complaints and/or misleading statements. 17. Engaging on trade within the premises of the establishments. 18. Any unauthorized divulgence of the collection of any money authorized by the employer. 19. Holding meeting inside the premises without previous sanction of the employers. 20. Threatening or intimidating any workman or employer during the working hours within the

premises. 21. Threatening or Intimidating any workman or employer during the working hours within the

premises.

268

Appendix ‘XI’

Form-XV (See Rule 77)

Form-XII (See Rule 78(2) (d))

Register of Fines

Name and Address of contractor …………………………………………………………….

Name and Address of establishment in under which contract is carried on ………………………………………………

Nature and location of work

…………………………………………………………………………………………………...

Name and address of Principal Employer ………………………………………………

Sl. N

o.

N

ame

of w

orkm

an

Fa

ther

’s/

Hus

band

’s

nam

e

D

esig

natio

n/N

atur

e of

em

ploy

men

t

Act

/Om

issi

on fo

r whi

ch fi

ne im

pose

d

D

ate

of O

ffenc

e

W

heth

er w

orkm

an s

how

ed c

ause

aga

inst

fine

N

ame

of p

erso

n in

who

se p

rese

nce

empl

oyee

’s

expl

anat

ion

was

hea

rd

W

age

perio

d an

d w

ages

pay

able

A

mou

nt o

f fin

e im

pose

d

D

ate

of w

hich

fine

rais

ed

Rem

arks

1

2

3

4

5

6

7

8

9

10

11

12

269

Appendix ‘XII’

Form-XX (See Rule 78(2) (d))

Register of Deduction for Damage of Loss




…………………………………………………………………………………………………...


Sl

. No.

N

ame

of w

orkm

an

Fa

ther

’s/

Hus

band

’s

nam

e

Des

igna

tion/

Nat

ure

of e

mpl

oym

ent

Part

icul

ars

of d

amag

e or

loss

D

ate

of O

ffenc

e

W

heth

er w

orkm

an s

how

ed c

ause

aga

inst

de

duct

ion

Nam

e of

per

son

in w

hose

pre

senc

e em

ploy

ee’

s ex

plan

atio

n w

as

hear

d

A

mou

nt o

f fin

e im

pose

d

N

o. o

f Ins

tallm

ents

D

ate

of re

cove

ry

R

emar

ks

Firs

t In

stal

men

t

La

st

Inst

alm

ents

1

2

3

4

5

6

7

8

9

10

11

12

13

270

Appendix ‘XIII’

Form-XXII (See Rule 78(2) (d))

Register of Advances




…………………………………………………………………………………………………...


Sl

. No.

N

ame

of w

orkm

an

Fa

ther

’s/

Hus

band

’s

nam

e

D

esig

natio

n/N

atur

e of

em

ploy

men

t

W

age

Perio

d an

d w

ages

pay

ble

Dat

e an

d am

ount

of

adva

nce

give

n

Pu

rpos

e (s

) for

whi

ch

adva

nce

mad

e

Num

ber o

f ins

talm

ents

by

whi

ch a

dvan

ce to

be

repa

id

Dat

e an

d am

ount

of

each

inst

alm

ent r

epai

d

D

ate

and

whi

ch la

st

inst

alm

ent w

as re

paid

R

emar

ks

1

2

3

4

5

6

7

8

9

10

11

271

Appendix ‘XIV’

Form-XXIII (See Rule 78(2) (e))

Register of Overtime




…………………………………………………………………………………………………...


Sl

. No.

N

ame

of w

orkm

an

Fath

er’

s/H

usba

nd’

s na

me

Se

x

Des

igna

tion/

Nat

ure

of e

mpl

oym

ent

Dat

e on

whi

ch

Ove

rtim

e w

orke

d

To

tal o

vert

ime

wor

ked

or

prod

uctio

n in

cas

e of

pie

ce ra

ted

N

orm

al ra

te o

f w

ages

O

vert

ime

rate

of

wag

es

Ove

rtim

e ea

rnin

g

R

ate

on w

hich

ov

ertim

e pa

id

R

emar

ks

1

2

3

4

5

6

7

8

9

10

11

12


SECTION-V: SPECIAL CONDITIONS OF CONTRACT (SCC)

PAGE NO.272

SPECIAL CONDITIONS OF CONTRACT (SCC)

SECTION – V

SPECIAL CONDITION OF CONTRACT (SCC)



PAGE NO.273


Table of Clauses

Table of Clauses A. Contract and Interpretations ................................................................................................................ 5

1. Definitions .......................................................................................................................................... 5 2. Contract Documents ......................................................................................................................... 7

3. Interpretation ...................................................................................................................................... 7 4. Notices ................................................................................................................................................ 9 5. Governing Law ................................................................................................................................... 9 6. Settlement of Disputes ...................................................................................................................... 9

B. Subject Matter of Contract .................................................................................................................... 9 7. Scope of Facilities ............................................................................................................................. 9

8. Time for Commencement and Completion ................................................................................... 13 9. Contactor’s Responsibilities .......................................................................................................... 13 10. Employer’s Responsibilities ....................................................................................................... 14

C. Payment ................................................................................................................................................ 14 11. Contract Price .............................................................................................................................. 14 12. Terms of Payment ....................................................................................................................... 15

13. Securities ...................................................................................................................................... 15 14. Taxes and Duties ......................................................................................................................... 16

D. Intellectual Property ............................................................................................................................ 19 15. Copy Right .................................................................................................................................... 19 16. Confidential Information ............................................................................................................. 19

E. Work Execution .................................................................................................................................... 19

17. Representatives ........................................................................................................................... 19 18. Work Program .............................................................................................................................. 21 19. Subcontracting ............................................................................................................................ 23 20. Design and Engineering.............................................................................................................. 23 21. Procurement ................................................................................................................................. 25 22. Installation .................................................................................................................................... 25

23. Tests and Inspection ................................................................................................................... 28 24. Commissioning and Completion of the Facilities .................................................................... 30 25. Guarantee Test and Operational Acceptance ........................................................................... 31

F. Guarantees and Liabilities .................................................................................................................. 33 26. Completion Time Guarantee ....................................................................................................... 33 27. Defect Liability ............................................................................................................................. 33

28. Functional Guarantees ................................................................................................................ 35 29. Patent Indemnity .......................................................................................................................... 36 30. Limitation of Liability................................................................................................................... 37

G. Risk Distribution .................................................................................................................................. 37



PAGE NO.274


31. Transfer of Ownership ................................................................................................................ 37 32. Transfer of Ownership ................................................................................................................ 38

33. Loss of or Damage to Property; Accident or Injury to workers; Indemnification ................. 39 34. Insurance ...................................................................................................................................... 40 35. Unforeseen Conditions ............................................................................................................... 40 36. Change in Laws and Regulations .............................................................................................. 41 37. Force Majeure .............................................................................................................................. 41 38. War Risks ..................................................................................................................................... 42

H. Change in Contract Elements ............................................................................................................. 42 39. Change in the Facilities .............................................................................................................. 42 40. Extension of Time for Completion ............................................................................................. 44 41. Suspension .................................................................................................................................. 45 42. Termination .................................................................................................................................. 46 43. Assignment .................................................................................................................................. 51

44. Bankruptcy ................................................................................................................................... 51 45. Contract performance & Feedback and Evaluation System ................................................... 52 46. Fraud Prevention Policy.............................................................................................................. 52 47. AMC of Critical Equipment for Stipulated Duration beyond O&M Period ............................. 52 48. Recovery of Incremental Cost .................................................................................................... 52 49. No Claim for interest or damage ................................................................................................ 52

50. Certificates ................................................................................................................................... 53 Annexure-I .................................................................................................................................................... 54



PAGE NO.275


SPECIAL CONDITIONS OF CONTRACT The following Special Conditions of Contract (SCC) shall supplement the General Conditions of Contract (GCC). Wherever there is a conflict with GCC, the provisions in Section I,II,III,V(SCC), VI & VII of bidding document shall prevail over those in the GCC.

NAME OF PACKAGE: DEVELOPMENT OF GRID CONNECTEDSOLAR PV PROJECT(S) (UPTO 210 MW CAPACITY) ON VACANT RAILWAY LAND

BIDDING DOCUMENT NO:REMCL/CO/SOLAR/210 MW /CAPEX/2021



PAGE NO.276


A. Contract and Interpretations 1. Definitions

1.1 The following words and expressions shall have the meaning hereby assigned to them:

“Contract” means the Contract Agreement entered into between the Employer and the Contractor, together with the Contract Documents referred to therein; they shall constitute the Contract, and the term “the Contract” shall in all such documents be construed accordingly.

“Contract Documents” means the documents listed in Article 1.1 (Contract Documents) of the Form of Contract Agreement (including any amendments thereto).

“GCC” means the General Conditions of Contract hereof.

“SCC” means the Special Conditions of Contract.

“Day” means calendar day of the Gregorian Calendar.

“Month” means calendar month of the Gregorian Calendar.

“Employer” means the person named as such in the SCC and includes the legal successors or permitted assigns of the Employer.

“Project Manager” means the person appointed by the Employer in the manner provided in SCC Sub-Clause 17.1 (Project Manager) hereof and named as such in the SCC to perform the duties delegated by the Employer.

“Contractor” means the person(s) whose bid to perform the Contract has been accepted by the Employer and is named as such in the Contract Agreement, and includes the legal successors or permitted assigns of the Contractor.

“Contractor’s Representative” means any person nominated by the Contractor and approved by the Employer in the manner provided in SCC Sub-Clause 17.2 (Contractor’s Representative and Construction Manager) hereof to perform the duties delegated by the Contractor.

“Subcontractor,” including vendors, means any person to whom execution of any part of the Facilities, including preparation of any design or supply of any Plant and Equipment, is sub- contracted directly or indirectly by the Contractor, and includes its legal successors or permitted assigns.

“Contract Price” means the sum specified in Article 2.1 (Contract Price) of the Contract Agreement, subject to such additions and adjustments thereto or deductions therefrom, as may be made pursuant to the Contract.

“Facilities” means the Plant and Equipment to be supplied and installed, as well as all the Installation Services to be carried out by the Contractor under the Contract.

“Plant and Equipment” means permanent plant, equipment, machinery, apparatus, articles and things of all kinds to be provided and incorporated in the Facilities by the Contractor under the Contract (including the spare parts to be supplied by the Contractor under SCC Sub-Clause 7.3 hereof), but does not include Contractor’s Equipment.



PAGE NO.277


“Installation Services” means all those services ancillary to the supply of the Plant and Equipment for the Facilities, to be provided by the Contractor under the Contract; e.g., transportation and provision of marine or other similar insurance, inspection, expediting, Site preparation works (including the provision and use of Contractor’s Equipment and the supply of all use structural and construction materials required), installation including civil and allied works etc., testing, pre-commissioning, commissioning, operations, maintenance, the provision of operations and maintenance manuals, training of Employer’s Personnel etc.

“Contractor’s Equipment” means all plant, facilities, equipment, machinery, tools, apparatus, appliances or things of every kind required in or for installation, completion and maintenance of Facilities that are to be provided by the Contractor, but does not include Plant and Equipment, or other things intended to form or forming part of the Facilities.

“Site” means the land and other places upon which the Facilities are to be installed, and such other land or places as may be specified in the Contract as forming part of the Site.

“Effective Date” means the date from which the Time for Completion shall be determined as stated in Article 3 (Effective Date for Determining Time for Completion) of the Form of Contract Agreement.

“Time for Completion” means the time within which Completion of the Facilities as a whole (or of a part of the Facilities where a separate Time for Completion of such part has been prescribed) is to be attained in accordance with the stipulations in the SCC and the relevant provisions of the Contract.

“Completion” means that the Facilities (or a specific part thereof where specific parts are specified in the SCC) have been completed operationally and structurally and put in a tight and clean condition, and that all work in respect of Pre-commissioning of the Facilities or such specific part thereof has been completed; and Commissioning has been attained as per Technical Specifications.

“Pre-commissioning” means the testing, checking and other requirements specified in the Technical Specifications that are to be carried out by the Contractor in preparation for Commissioning as provided in SCC Clause 24 (Commissioning and Completion of Facilities) hereof.

“Commissioning” means trial/initial operation of the Facilities or any part thereof by the Contractor, which operation is to be carried out by the Contractor as provided in SCC Sub- Clause 24 (Commissioning and Completion of Facilities) hereof, for the purpose of carrying out Guarantee Test(s).

“Guarantee Test(s)” means the test(s) specified in the Technical Specifications to be carried out to ascertain whether the Facilities or a specified part thereof is able to attain the Functional Guarantees specified in the Technical Specifications in accordance with the provisions of SCC Sub-Clause 25.1 (Guarantee Test) hereof.

“Operational Acceptance” means the acceptance by the Employer of the Facilities (or any part of the Facilities where the Contract provides for acceptance of the Facilities in parts), which certifies the Contractor’s fulfilment of the Contract in respect of Functional Guarantees of the



PAGE NO.278


Facilities (or the relevant part thereof) in accordance with the provisions of SCC Clause 28 (Functional Guarantees) hereof and shall include deemed acceptance in accordance with SCC Clause 25 (Guarantee Tests and Operational Acceptance) hereof.

“Defect Liability Period” means the period of validity of the warranties given by the Contractor commencing at Completion of the Facilities or a part thereof, during which the Contractor is responsible for defects with respect to the Facilities (or the relevant part thereof) as provided in SCC Clause 27 (Defect Liability) hereof.

“Goods and Services Tax” or “GST” means taxes or cess levied under the Central Goods and Services Tax Act, Integrated Goods and Services Tax Act, Goods and Services Tax (Compensation to States) Act and various State/Union Territory Goods and Services Tax Laws and applicable cesses, if any under the laws in force (hereinafter referred to as relevant GST Laws) w.e.f. 01.07.2017, which shall be fully complied with by Bidders.

2. Contract Documents

2.1 Subject to Article1.2 (Order of Precedence) of the Contract Agreement, all documents forming part of the Contract (and all parts thereof) are intended to be correlative, complementary and mutually explanatory. The Contract shall be read as a whole.

2.2 The Contract will be signed in three originals and the Contractor shall be provided with one signed original and the rest will be retained by the Employer.

2.3 The Contractor shall provide free of cost to the Employer all the engineering data, drawing and descriptive materials submitted with the bid, in at least six (6) copies to form a part of the Contract immediately after Notification of Award.

2.4 Subsequent to signing of the Contract, the Contractor at his own cost shall provide the Employer with at least twenty (20) true hard copies of Contract Agreement within thirty (30) days after signing of the Contract.

3. Interpretation (3.1 to 3.5) Not Used

3.6 Construction of the Contract 3.6.1 The Contracts/Authorisation Letter to be entered/issued into between the Employer and the

successful bidder shall be as under:

- First Contract: For Ex-works (India) supply of all plant and equipment including Mandatory Spares.

- ‘Second Contract: For providing all services i.e. loading, inland Transportation for delivery at site, Inland Transit Insurance, Unloading, Storage, Handling at Site, Installation, insurance covers other than inland transit insurance, Testing and Commissioning including carrying out guarantee tests in respect of all the equipment supplied under the ‘First Contract’, and Civil Works, Operation & Maintenance (O&M) for Ten years, recurring cost of revenue land & evacuation facility for ten years & all other services specified in the Contract Documents



PAGE NO.279


- "Authorisation Letter": For providing of Land for setting up of solar plant including infrastructure development (if any)

3.6.2 The award/issue of separate Contracts/Authorisation letters shall not in any way dilute the responsibility of the Contractor for the successful completion of the Facilities as per ContractDocuments and a breach in one Contract shall automatically be construed as a breach of the other Contract(s) which will confer a right on the Employer to terminate the other Contract(s) also at the risk and the cost of the Contractor.

3.7 Not Used 3.8 Amendment

No amendment or other variation of the Contract shall be effective unless it is in writing, is dated, expressly refers to the Contract, and is signed by a duly authorized representative of each party hereto.

3.9 Independent Contractor The Contractor shall be an independent contractor performing the Contract. The Contract does not create any agency, partnership, joint venture or other joint relationship between the parties hereto. Subject to the provisions of the Contract, the Contractor shall be solely responsible for the manner in which the Contract is performed. All employees, representatives or Subcontractors engaged by the Contractor in connection with the performance of the Contract shall be under the complete control of the Contractor and shall not be deemed to be employees of the Employer, and nothing contained in the Contract or in any subcontract awarded by the Contractor shall be construed to create any contractual relationship between any such employees, representatives or Subcontractors and the Employer.

3.10 J oint Venture or Consortium If the Contractor is a joint venture or consortium of two or more firms, all such firms shall be jointly and severally bound to the Employer for the fulfilment of the provisions of the Contract and shall designate one of such firms to act as a leader with authority to bind the joint venture or consortium. The composition or the constitution of the joint venture or consortium shall not be altered without the prior consent of the Employer.

3.11 N on-Waiver 3.11.1 Subject to SCC Sub-Clause 3.11.2 below, no relaxation, forbearance, delay or indulgence

by either party in enforcing any of the terms and conditions of the Contract or the granting of time by either party to the other shall prejudice, affect or restrict the rights of that party under the Contract, nor shall any waiver by either party of any breach of Contract operate as waiver of any subsequent or continuing breach of Contract.

3.11.2 Any waiver of a party’s rights, powers or remedies under the Contract must be in writing, must be dated and signed by an authorized representative of the party granting such waiver, and must specify the right and the extent to which it is being waived.

3.12 S everability



PAGE NO.280


If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of anyother provisions and conditions of the Contract.

3.13 C ountry of Origin "Origin" means the place where the materials, equipment and other supplies for the facilities are mined, grown, produced or manufacturer and from which the services are provided.

4. Notices Not used

5. Governing Law Not used

6. Settlement of Disputes Not used

B. Subject Matter of Contract 7. Scope of Facilities 7.1 Unless otherwise expressly limited in the Technical Specifications, the Contractor’s obligations

cover the provision of all Plant and Equipment including spares and the performance of all services required for the design, the manufacture (including procurement, quality assurance, construction, installation, associated civil, structural and other construction works, Pre-commissioning and delivery) of the Plant and Equipment and the installation, commissioning, completion of facilities and carrying out guarantees test for the Facilities in accordance with the plans, procedures, specifications, drawings, codes and any other documents as specified in the Technical Specifications. Such specifications include, but are not limited to, the provision of supervision and engineering services; the supply of labour, materials, equipment, spare parts (as specified in SCC Sub-Clause 7.3 below) and accessories; Contractor’s Equipment; construction utilities and supplies; temporary materials, structures and facilities; transportation (including, without limitation, unloading and hauling to, from and at the Site); insurance and storage, except for those supplies, works and services that will be provided or performed by the Employer, as set forth in Appendix 6 (Scope of Works and Supply by the Employer) to the Contract Agreement. The scope of work also includes comprehensive Operation and Maintenance (O&M) of Solar Photo Voltaic Plant for a period of ten years from the date of successful completion of trial run.

7.2 The Contractor shall, unless specifically excluded in the Contract, perform all such work and/or supply all such items and materials not specifically mentioned in the Contract but that can be reasonably inferred from the Contract as being required for attaining Completion of the Facilities as if such work and/or items and materials were expressly mentioned in the Contract.

7.3 In addition to the supply of Mandatory Spare Parts included in the Contract, the Contractor agrees to supply spare parts required for the operation and maintenance of the Facilities. However, the identity, specifications and quantities of such spare parts and the terms and conditions relating to the supply thereof are to be agreed between the Employer and the



PAGE NO. 281


Contractor, and the price of such spare parts shall be that given in Price Schedule No. 5, which shall be added to the Contract Price. The price of such spare parts shall include the purchase price therefore and other costs and expenses (including the Contractor’s fees) relating to the supply of spare parts. Prices of recommended spares covered under price Schedule No. 5 shall be kept valid for a period of six (6) months after placement of Notification of Award for Main Equipment and Mandatory Spares.

7.3.1 The Contractor agrees that the spare parts recommended by him for 10 years operation and quoted in Schedule No. 5 shall be supplied by him at the same terms and conditions as are otherwise applicable to this Contract. Further, the Contractor also agrees to supply spare parts required for the operation and maintenance of the Facilities as per provision of subsequent paragraphs of this Sub-Clause.

7.3.1.1 All the spares for the equipment under the Contract will strictly conform to the Specification and other relevant document and will be identical to the corresponding main equipment/components supplied under the Contract and shall be fully interchangeable.

7.3.1.2 All the mandatory spares covered under the Contract shall be produced along with the main equipment as a continuous operation and the delivery of the spares will be affected along with the main equipment in a phased manner and the delivery would be completed by the respective dates for the various categories of equipment as per the agreed network. In case of recommended spares, the above will be applicable provided the order for the recommended spares have been placed with the Contractor prior to commencement of manufacture of the main equipment.

7.3.1.3 The Contractor will provide the Employer with the manufacturing drawings, catalogues, assembly drawings and any other document required by the Employer so as to enable the Employer to identify the recommended spares. Such details will be furnished to the Employer as soon as they are prepared but in any case not later than six months prior to commencement of manufacture of the corresponding main equipment.

7.3.1.4 To enable the Employer to finalize the requirement of recommended spares which are ordered subsequent to placement of order for main equipment/plant, in addition to necessary technical details, catalogue and such other information brought-out herein above, the Contractor will also provide a justification in support of reasonableness of the quoted prices of spares which will, inter-alia, include documentary evidence that the prices quoted by the Contractor to the Employer are not higher than those charged by him from other customers in the same period.

7.3.1.5 In addition to the spares recommended by the Contractor, if the Employer further identifies certain items of spares, the Contractor will submit the prices and delivery quotation for such spares within thirty (30) days of receipt of such request with a validity period of six (6) months for consideration by the Employer and placement of order for additional spares if the Employer so desires.

7.3.1.6 The quality plan and the inspection requirement finalized for the main equipment will also be applicable to the corresponding spares.



PAGE NO.282


7.3.1.7 The Contractor will provide the Employer with all the addresses and particulars of his sub-suppliers while placing the order on vendors for items/components/equipment covered under the Contract and will further ensure with his vendors that the Employer, if so desires, will have the right to place order for spares directly on them on mutually agreed terms based on offers of such vendors.

7.3.1.8 The Contractor shall guarantee the long-term availability of spares to the Employer for the full life of the equipment covered under the Contract. The Contractor shall guarantee that before going out of production of spare parts of the equipment covered under the Contract, he shall give the Employer at least 2 years advance notice so that the latter may order his bulk requirement of spares, if it so desires. The same provision will also be applicable to Sub-contractors. Further, in case of discontinuance of manufacture of any spares by the Contractor and/or his Sub-contractor, Contractor will provide the Employer, two years in advance, with full manufacturing drawings, material specification and technical information including information on alternative equivalent makes required by the Employer for the purpose of manufacture/ procurement of such items.

7.3.1.9 The prices of all future requirements of item of spares beyond 10 years operational requirement will be derived from the corresponding ex-works price at which the order for such spares have been placed by Employer as a part of mandatory spares or recommended spares, or from the rates of mandatory spares or recommended spares as quoted by/negotiated with the Contractor. Ex-works order price of future spares shall be computed in accordance with the price adjustment provisions covered under the main Contract excepting that the base indices will be counted from the scheduled date of Commissioning of the last equipment under the main contract and there will be no ceiling on the amount of variation in the prices. The above option for procuring future recommended spares by the Employer shall remain valid for the period of 10 years from the date of Commissioning of the equipment.

7.3.1.10 The Contractor will indicate in advance the delivery period of the items of spares, which the Employer may procure in accordance with above sub-clause. In case of emergency requirements of spares, the Contractor would make every effort to expedite the manufacture and delivery of such spares on the basis of mutually agreed time schedule.

7.3.1.11 In case the Contractor fails to supply the mandatory, recommended or long term spares in the terms stipulated above, the Employer shall be entitled to purchase the same from the alternate sources at the risk and the cost of the Contractor and recover from the Contractor, the excess amount paid by the Employer over the rates worked on the above basis. In the event of such risk purchase by the Employer, the purchases will be as per the Works and Procurement Policy of the Employer prevalent at the time of such purchases and the Employer at his option may include a representative from the Contractor in finalizing the purchases.

7.3.1.12 It is expressly understood that the final settlement between the parties in terms of relevant clauses of the Contract Documents shall not relieve the Contractor of any of his obligations under the provision of long term availability of spares and such provisions shall continue to be enforced till the expiry of 10 years period reckoned from



PAGE NO.283


the scheduled date of Commissioning of the Plant and Equipment unless otherwise discharged expressly in writing by the Employer. Further, the provisions pertaining to long term availability of spares shall be extended beyond 10 years applicability period mentioned hereinabove if so desired by the Employer and at the mutually acceptable escalation formula.

7.3.1.13 The Contractor shall warrant that all spares supplied will be new and in accordance with

the Contract Documents and will be free from defects in design, material and workmanship and shall further guarantee as under:

(i) For 10 years operational spares (both mandatory and recommended) (a) For any item of spares ordered or to be ordered by the Employer for 10 years operational

requirement of the plant which are manufactured as a continuous operation together with the corresponding main equipment/component, the Defect Liability Period will be twelve (12) months from the scheduled date of commercial operation of main equipment/plant under the Contract. ‘Commercial Operation’ shall mean the conditions of operation in which the complete equipment covered under the Contract is officially declared by the Employer to be available for continuous operation at different loads up to and including rated capacity. Such declaration by the Employer, however, shall not relieve or prejudice the Contractor any of his obligations under the Contract. In case of any failure in the original component/equipment due to faulty designs, materials and workmanship, the corresponding spare parts, if any, supplied will be replaced without any extra cost to the Employer unless a joint examination and analysis by the Employer and the Contractor of such spare parts prove that the defect found in the original part that failed, can safely be assumed not to be present in spare parts. Such replaced spare parts will have the same Defect Liability as applicable to the replacement made for the defective original part/component provided that such replacement for the original equipment and the spare replaced are again manufactured together. The discarded spare parts will become the property of the Contractor as soon as they have been replaced by the Contractor.

(b) For the item of spares ordered or to be ordered by the Employer for 10 years operational requirement of the plant, which with the written approval of the Employer, are not manufactured as a continuous operation will be warranted for 7000 hrs of trouble free operation if used within a period of eighteen months reckoned from the date of delivery at site. However, if such spare parts are put to use after eighteen (18) months of the delivery at Site then the guarantee of such spares will stand valid till the expiry of thirty six (36) months from the scheduled date of Commissioning of equipment/ plant covered under the contract or 7000 hrs of trouble free operation after such spares are put in service, whichever is earlier.

(c) For long term requirement

For item of spares that may be ordered by the Employer to cover requirements beyond 10 years of Initial Operation of the plant, the warranty will be till the expiry of 7000 hrs of trouble free operation if used within a period of eighteen (18) months from the date of delivery at site. For item of spares that may be used after eighteen (18) months from the date of delivery at site, the warranty period will be 12 months from the date they are put



PAGE NO.284

to use or 7000 hrs of trouble free operation, whichever is earlier. In any case the defect liability of spares will expire at the end of forty eight (48) months from the date of their receipt at site.

(ii) The Defect Liability of spares covered in para (b) & (c) above, that are not used within 18 months from the respective date of the delivery at Site will, however, be subject to condition that all such spares being stored/maintained/preserved in accordance with Contractor’s standard recommended practice, if any, and the same has been furnished to the Employer.

8. Time for Commencement and Completion 8.1 The Contractor shall commence work on the Facilities from the date of Notification of Award

and without prejudice to SCC Sub-Clause 26.2 hereof, the Contractor shall thereafter proceed with the Facilities in accordance with the time schedule specified in Appendix 4 (Time Schedule) to the Contract Agreement.

8.2 The Contractor shall attain Completion of the Facilities (or of a part where a separate time for Completion of such part is specified in the Contract) within the time stated in the SCC or within such extended time to which the Contractor shall be entitled under SCC Clause 40 (Extension of Time for Completion) hereof.

9. Contactor’s Responsibilities 9.1 The Contractor shall design, manufacture (including associated purchases and/or

subcontracting), install and complete the Facilities carry out the Guarantee tests with due care and diligence in accordance with the Contract.

9.2 The Contractor confirms that it has entered into this Contract on the basis of a proper examination of the data relating to the Facilities (including any data as to boring tests) provided by the Employer, and on the basis of information that the Contractor could have obtained from a visual inspection of the Site (if access thereto was available) and of other data readily available to it relating to the Facilities as at the date twenty-eight (28) days prior to bid submission. The Contractor acknowledges that any failure to acquaint itself with all such data and information shall not relieve its responsibility for properly estimating the difficulty or cost of successfully performing the Facilities.

9.3 The Contractor shall acquire in its name all permits, approvals and/or licenses from all local, state or national government authorities or public service undertakings in the country where the Site is located that are necessary for the performance of the Contract, including, without limitation, visas for the Contractor’s and Subcontractor’s personnel and entry permits for all imported Contractor’s Equipment. The Contractor shall acquire all other permits, approvals and/or licenses that are not the responsibility of the Employer under SCC Sub-Clause 10.3 hereof and that are necessary for the performance of the Contract.

9.4 The Contractor shall comply with all laws in force in the country where the Facilities are installed and where the Installation Services are carried out. The laws will include all national, provincial, municipal or other laws that affect the performance ofthe Contract and bind upon the Contractor. The Contractor shall indemnify and hold harmless the Employer from and against any and all liabilities, damages, claims, fines, penalties and expenses of whatever nature arising or resulting from the violation of such laws by the Contractor or its



PAGE NO.285


personnel, including the Subcontractors and their personnel, but without prejudice to SCC Sub-Clause 10.1 hereof.

9.5 Any plant, material and services that will be incorporated in or be required for the facilities and other supplies shall have their origin. "Origin" means the place where the materials, equipment and other supplies for the facilities are mined, grown, produced ormanufacturer and from which the services are provided.

10. Employer’s Responsibilities 10.1 Not Used 10.2 The Employer shall be responsible for authorisation for use of site and providing access

thereto. 10.3 The Employer shall provide assistance to EPC for all permits, approvals and/or licenses

from all local, state or national government authorities or public service undertakings in the country where the Site is located which such authorities or undertakings require the Employer to obtain them in the Employer’s name, are necessary for the execution of the Contract (they include those required for the performance by both the Contractor and the Employer of their respective obligations under the Contract).

10.4 If requested by the Contractor, the Employer shall use its best endeavours to assist the Contractor in obtaining in a timely and expeditious manner all permits, approvals and/or licenses necessary for the execution of the Contract from all local, state or national government authorities or public service undertakings that such authorities or undertakings require the Contractor or Subcontractors or the personnel of the Contractor or Subcontractors, as the case may be, to obtain.

10.5 Not Used. 10.6 The Employer shall be responsible for the continued operation of the Facilities after

Completion, in accordance with SCC Sub-Clause 24.9, and shall be responsible for facilitating the Guarantee Test(s) for the Facilities, in accordance with SCC Sub-Clause 25.1.

10.7 N.A.

C. Payment 11. Contract Price 11.1. The Contract Price shall be as specified in Article 2 (Contract Price and Terms of Payment)

of the Form of Contract Agreement. 11.2. The Contract Price shall be adjusted in accordance with provisions of Appendix-2 (Price

Adjustment) to the Contract Agreement. 11.3. Subject to SCC Sub-Clauses 9.2, 10.1 and 35 (Unforeseen Conditions) hereof, the

Contractor shall be deemed to have satisfied itself as to the correctness and sufficiency of the Contract Price, which shall, except as otherwise provided for in the Contract, cover all its obligations under the Contract.



PAGE NO.286


12. Terms of Payment 12.1. The Contract Price shall be paid as specified in Appendix 1 (Terms and Procedures of

Payment) to the Contract Agreement. The procedures to be followed in making application for and processing payments shall be those outlined in the same Appendix 1.

12.2. No payment made by the Employer herein shall be deemed to constitute acceptance by the Employer of the Facilities or any part(s) thereof.

13. Securities 13.1. I ssuance of Securities

The Contractor shall provide the securities specified below in favour of the Employer at the times, and in the amount, manner and form specified below.

13.2. A dvance Payment Security 13.2.1. The Contractor shall, within twenty-eight (28) days of the Notification of Award of Contract,

provide a security in an amount equal to the advance payment for supply of Plant & Equipment and110% of the advance amount for Installation Services and Civil & Allied Works calculated in accordance with Appendix 1 (Terms and Procedures of Payment) to the Contract Agreement, and in the currency or currencies of the Contract, with an initial validity of up to ninety (90) days beyond the schedule date of Completion of the last facility covered under the package in accordance with SCC Clause 24. However, in case of delay in completion of the facilities under the package, the validity of this security shall be extended by the period of such delay. The advance payment security shall also cover the amount of GST as applicable on the advance payment to be paid to the contractor.

13.2.2. The security shall be in the form of an unconditional bank guarantee as per the proforma provided in Section VII (Forms and Procedures) - Form of Advance Payment Security. The Advance payment Security shall be reduced prorate every threemonths after First Running Account Bill/Stage Payment under the Contract based on the value of the respective equipment/facilities received and applicable GST. The cumulative amount of reduction at any point of time shall not exceed seventy five percent (75%) of the advance and the amount of GST paid on the advance amount corresponding to cumulative value of the respective equipment/Facilities supplied and received as per certificate issued by the Project Manager. The balance shall be released after ninety (90) days beyond Completion of those Facilities. It should be clearly understood that reduction in the value of security for advance shall not in any way dilute the Contractor’s responsibility and liabilities under the Contract including in respect of the Facilities for which the reduction in the value of security is allowed.

13.3. Contract Performance Security 13.3.1. The Contractor shall, within twenty-eight (28) days of the Notification of Award, provide

securities for the due performance of the Contract for ten percent (10%) of the Contract Price of all the Contracts, with an initial validity up to ninety (90) days beyond theend of scheduled Defect Liability Period of the last equipment covered under the package. However, in case of delay in completion of the defect liability period, the validity of all the contract performance securities shall be extended by the period of such delay.



PAGE NO.287


13.3.2. The performance security shall be denominated in the currency of the Contract and shall be in the form of unconditional bank guarantee provided in Section-VII (Forms and Procedures)-Form of Performance Security of the bidding documents.

13.3.3. Unless otherwise stipulated in SCC, the security shall be reduced pro rata to the Contract Price of a part of the Facilities for which a separate time for Completion is provided, twenty one (21) months after Completion of the Facilities or where relevant part thereof, or fifteen (15) months after Operational Acceptance of the Facilities (or the relevant part thereof), whichever occurs first; provided, however, that if the Defects Liability Period has been extended on any part of the Facilities pursuant to SCC Sub- Clause 27.8 hereof, the Contractor shall issue an additional security in an amount proportionate to the Contract Price of that part. The security shall be returned to the Contractor immediately after its expiration, provided, however, that if the Contractor, pursuant to SCC Sub-Clause 27.10, is liable for an extended warranty obligation, the performance security shall be extended for the period and up to the amount agreed upon or as specified in the SCC.

13.3.4. The Bank Guarantee submitted towards Advance Payment Security, Contract Performance Security shall be essentially from any of the Banks listed at Annexure-1 to Section-V (Special Conditions of Contract) of the Bidding Documents.

13.4. The Bank Guarantee submitted towards Advance Payment Security, Contract Performance Security shall be essentially from any of the Banks listed at Annexure-1 to Section-V (Special Conditions of Contract) of the Bidding Documents.

13.5. Security against Overall during O&M Period The successful Bidder, to whom the work is awarded, shall provide security equal to 0.1 x G x R (Where G is Annual Quoted Generation and R is the applicable Tariff of Rs.3.50 per kWh) in million INR for ten years as pre-contract from a Bank listed in the bidding document form as provided in Section - VII (Forms and Procedures) – Form of Security against Overall System Performance during O&M period of 10 Years, in favor of the Employer. The above security shall be submitted prior to return of the Contract Performance Guarantee (CPG) under the subject package. The above Security shall be initially valid up to 90days after the end of Operation & Maintenance (O&M) period as specified in the Technical Specifications. The above security amount shall be payable to the Employer without any condition whatsoever. CPG shall be released only after submission of the above by the Contractor. The bidder will furnish the above security initially valid up to 90days after end of Operation & Maintenance (O&M) period. The above securities will be returned to the contractor without any interest at the end of 10 years.”

14. Taxes and Duties 14.1. Except as otherwise specifically provided in the Contract, the Contractor shall bear and pay

all taxes, duties, levies and charges assessed on the Contractor, its Sub-contractor or their employees by all municipal, state or national government authorities in connection with the Facilities in and outside of the country where the Site is located.

14.2. Notwithstanding SCC Sub-Clauses 14.1 above, the Employer shall bear and pay/reimburse to the Contractor Goods and Services Tax (GST) applicable on: (a) Plant



PAGE NO.288


and Equipment (including Type Test Charges) and Mandatory Spares to be supplied from within the Employer’s country specified in Price Schedule No. 1 (and also on locally supplied Recommended Spare Parts quoted in Price Schedule No. 5, when awarded) to be incorporated in the Facilities, by the law of country where the site is located, (b) localTransportation & insurance, other local costs incidental to delivery of plant & equipment including mandatory spares specified in Price Schedule No. 2 (and also of locally supplied Recommended Spare Parts quoted in Price Schedule No. 5, when awarded) and (c) Installation Services including Erection, Civil & Allied Works and other services specified in Price Schedule No. 3. However, all other taxes, duties & levies as may be applicable on goods and services specified in Price Schedules Nos. 1, 2 & 3 and on the materials used for civil construction works and erection & commissioning shall be to the contractor's account and no separate claim in this regard will be entertained by the Employer. Notwithstanding anything to contrary contained in the Contract, the Contractor’s right to payment under the Contract is subject to issuance of valid tax invoice, payment of applicable GST to the credit of appropriate Government and submission of valid particulars of tax invoice under GST returns in accordance with GST Law. The Contractor shall issue tax invoices, file appropriate returns, and deposit the applicable GST to the account of appropriate government within the time limit prescribed under the GST Law. In the event of any default, Contractor shall be liable to pay any penalty/demand raised on REMCL due to default by Contractor, and the same shall be recovered/Contractor shall make good the loss. The Contractor shall be responsible for the issuance of e-way bill and other compliances relating to e-way bill as per GST law. The Employer will deduct GST at source at the applicable rates in case transactions under the contract are liable to GST deduction at source as per the prevailing provisions of GST Law.

14.3. If any tax exemptions, reductions, allowances or privileges are available to the Contractor in the country where the Site is located, the Employer shall use its best endeavours to enable the Contractor to benefit from any such tax savings to the maximum allowable extent.

14.4. For the purpose of the Contract, it is agreed that the Contract Price specified in Article 2 (Contract Price and Terms of Payment) of the Contract Agreement is based on the taxes, duties, levies and charges prevailing on seven (7) days prior to the deadline set for bid submission in the country where the Site is located (hereinafter called “Tax” in this SCC Sub-Clause 14.4). If any rates of Tax are increased or decreased, a new Tax is introduced, an existing Tax is abolished, or any change in interpretation or application of any Tax occurs in the course of the performance of Contract, which was or will be assessed on the Contractor in connection with performance of the Contract, an equitable adjustment of the Contract Price shall be made to fully take into account any such change by addition to the Contract Price or deduction therefrom, as the case may be, in accordance with SCC Clause 36 (Change in Laws and Regulations) hereof. However, these adjustments would be restricted to direct transactions between the Employer and



PAGE NO.289


Contractor and Bought out items (dispatched directly from sub-vendor's works to Site). These adjustments shall not be applicable on procurement of raw materials, intermediary components and intermediary services etc. by the Contractor. I ncome Tax: As per Indian Income Tax Act & Rules, Employer is required to deduct Income Tax at source from all the payments to be made to Non-resident/ Foreign Contractor. For this purpose, the Contractor shall be required to either furnish (i) the certificate from Indian Tax Authority or (ii) Ruling from “the Authority for Advance Ruling (AAR)” determining the applicable rate of Income tax in India before release of first payment. The Contractor will be required to submit PAN details to the Project Manager before the submission of the first bill.

14.5. If the Employer orders any spare at a later date as per SCC Cl 7.3, all applicable additional taxes & duties, if any, not included in the original price shall be to the account of Employer

14.6. Notwithstanding anything to contrary contained in the agreement/Purchase Order, Contractor/Supplier’s right to payment under the contract/agreement/Purchase Order is subject to issuance of valid tax invoice, payment of applicable GST to the credit of appropriate Government and submission of a valid particulars of tax invoice under GST returns in accordance with GST Act.

14.7. Unless expressly stated otherwise, a common mechanism for reconciliation of input credit mismatch, to be followed by both REMCL and Contractor/Supplier, shall be mutually agreed so that both parties follow the same procedure for disclosing the transactions in their respective returns. Notwithstanding anything in the agreement/ contract, penalty / damages shall be recovered in case the Contractor/Supplier makes a default in following the agreed procedure.

14.8. Contractor/Supplier shall issue tax invoices, file appropriate returns, and deposit the applicable GST to the account of appropriate government within the time limit prescribed under the GST Law. In the event of any default, Contractor/Supplier shall beliable to pay the amount which may be imposed on REMCL due to such default.

14.9. Contractor/Supplier should comply with the provisions of e-way billnotified by appropriate authorities from time to time. The existing provisions regarding road permit will continue till such time if applicable.

14.10. Employer will deduct GST at source at the applicable rates in casetransactions under the contract are liable to GST deduction at source as per the prevailing provisions of the GST Law. Date of Bid Opening and Date of Bid SubmissionShall mean date of Deadline for Bid Submission forEnvelope-I(Techno-Commercial Bid) and Envelope-II(Price Bid). Any adjustment in Contract Price onaccount of Change in Laws and regulations shall bepayable to/recoverable from the Contractor.



PAGE NO.290


D. Intellectual Property 15. Copy Right

Not Used 16. Confidential Information

Not Used

E. Work Execution 17. Representatives 17.1. Project Manager

If the Project Manager is not named in the Contract, then within fourteen (14) days of the Effective Date, the Employer shall appoint and notify the Contractor in writing of the name of the Project Manager. The Employer may from time to time appoint some other person as the Project Manager in place of the person previously so appointed, and shall give a notice of the name of such other person to the Contractor without delay. The Employer shall take reasonable care to see that no such appointment is made at such a time or in such a manner as to impede the progress of work on the Facilities. The Project Manager shall represent and act for the Employer at all times during the currency of the Contract. All notices, instructions, orders, certificates, approvals and all other communications under the Contract shall be given by the Project Manager, except as herein otherwise provided. All notices, instructions, information and other communications given by the Contractor to the Employer under the Contract shall be given to the Project Manager, except as herein otherwise provided.

17.2. Contractor’s Representative & Construction Manager 17.2.1. The Contractor shall appoint the Contractor’s Representative within fourteen

(14) days of the Effective Date or before start of work whichever is earlier and shall request the Employer in writing to approve the person so appointed. a) The Contractor's representative shall be a regularEmployee/Partner/ Director

only and the Contractor shall be required to submit a Power of Attorney in original in favour of its representative. Notarized photocopy of the Power of Attorney shall be acceptable only if the Power of Attorney has been registered by the Contractor. The Employer may verify the photocopy of the Power of Attorney with the Original and the Contractor shall be required to produce the original Power of Attorney for verification, if required by the Employer. The relation of the Contractor's representative with the contractor such as Partner/ Employee etc. should be clearly brought out in the Power of Attorney. The Contractor would be required to submit a documentary proof of the relation of the Contractor's representative with the contractor in the form of self-attested copy of any of the followingdocuments: i. Previous financial year’s Form 16 as available at TRACES site of Income tax

department, if the Contractor'srepresentative is an employee of



PAGE NO. 291


contractoror his Appointment Letter/Salary Slip/other documentary evidence (only in case of recent appointment or where Form 16 details are not uploaded at TRACES). Further, the Contractor shall submit the copy of Form 16 as available through TRACES site for every subsequent year also in respect of the Contractor’s representative till the period of authorization.

ii. Article of Association/Registered Partnership Deed ifthe Contractor'srepresentative is a partner or stakeholder in

Company. In case, the Contractor is not able to submit any of the documentary proofs as mentioned above at para b (i) & (ii), he would be required to submit an affidavit stating the relationship between the Contractor's representative and the Contractor.

b) In case, the Contractor's representative is also doing some other Contract(s)/Work(s) as nominee of the same contractor, the Contractor shall give a declaration citing list of all works where the Contractor's representative is the nominee.

c) If the Employer objects to the appointment giving the reason therefore, then the Contractor shall appoint a replacement within fourteen (14) days of such objection, and the foregoing provisions of this SCC Sub-Clause 17.2.1 shall apply thereto.

17.2.2. The Contractor’s Representative shall represent and act for the Contractor at all times during the currency of the Contract and shall give to the Project Manager all the Contractor’s notices, instructions, information and all other communications under the Contract. All notices, instructions, information and all other communications given by the Employer or the Project Manager to the Contractor under the Contract shall be given to the Contractor’s Representative or, in its absence, its deputy, except as herein otherwise provided. The Contractor shall not revoke the appointment of the Contractor’s Representative without the Employer’s prior written consent, which shall not be unreasonably withheld. If the Employer consents thereto, the Contractor shall appoint some other person as the Contractor’s Representative, pursuant to the procedure set out in SCC Sub-Clause 17.2.1.

17.2.3. The Contractor’s Representative may, subject to the approval of the Employer (which shall not be unreasonably withheld), at any time delegate to any person any of the powers, functions and authorities vested in him or her. Any such delegation may be revoked at any time. Any such delegation or revocation shall be subject to a prior notice signed by the Contractor’s Representative, and shall specify the powers, functions and authorities thereby delegated or revoked. No such delegation or revocation shall takeeffect unless and until a copy thereof has been delivered to the Employer and the Project Manager.



PAGE NO.292


Any act or exercise by any person of powers, functions and authorities so delegated to him or her in accordance with this SCC Sub-Clause 17.2.3 shall be deemed to be an act or exercise by the Contractor’s Representative. a) Notwithstanding anything stated in SCC Sub-clause 17.1 and 17.2.1 above, for

the purpose of execution of contract, the Employer and the Contractor shall finalise and agree to a Contract Co-ordination Procedure and all the communication under the Contract shall be in accordance with such Contract Co-ordination Procedure.

17.2.4. From the commencement of installation of the Facilities at the Site until Operational Acceptance, the Contractor’s Representative shall appoint a suitable person as the construction manager (hereinafter referred to as “the Construction Manager”). The Construction Manager shall supervise all work done at the Site by the Contractor and shall be present at the Site throughout normal working hours except when on leave, sick or absent for reasons connected with the proper performance of the Contract. Whenever the Construction Manager is absent from the Site, a suitable person shall be appointed to act as his or her deputy.

17.2.5. The Employer may by notice to the Contractor object to any representative or person employed by the Contractor in the execution of the Contract who, in the reasonable opinion of the Employer, may behave inappropriately, may be in-competent or negligent, or may commit a serious breach of the Site regulations provided under SCC Sub-clause 22.3. The Employer shall provide evidence of the same, whereupon the Contractor shall remove such person from the Facilities.

17.2.6. If any representative or person employed by the Contractor is removed in accordance with SCC Sub-Clause 17.2.5, the Contractor shall, where required, promptly appoint a replacement.

17.2.7. In case any of the information/declaration/undertaking provided by Contractor/Contractor's representative is found to be false and/or the Contractor/Contractor's representative suppresses any relevant information at any stage, the Contractor will be liable for actions in terms of Employer's Banning policy.

18. Work Program 18.1. Contractor’s Organisation

The Contractor shall supply to the Employer and the Project Manager a chart showing the proposed organization to be established by the Contractor for carrying out work on the Facilities. The chart shall include the identities of the key personnel together with the curricula vitae of such key personnel to be employed withintwenty-one (21) days of the Effective Date. The Contractor shall promptly inform the Employer and the Project Manager in writing of any revision or alteration of such an organization chart.

18.2. Program of Performance Within twenty-eight (28) days after the date of notification of award of Contract, the Contractor shall prepare and submit to the Project Manager a detailed program of performance of the Contract, made in the form of PERT Network and showing the sequence in which it proposes to design, manufacture, transport, assemble, install and



PAGE NO.293


pre-commission the Facilities, as well as the date by which the Contractor reasonably requires that the Employer shall have fulfilled its obligations under the Contract so as to enable the Contractor to execute the Contract in accordance with the program and to achieve Completion and Acceptance of the Facilities in accordance with the Contract. The program so submitted by the Contractor shall accord with the Time Schedule included in Appendix 4 (Time Schedule) to the Contract Agreement and any other dates and periods specified in the Contract. The Contractor shall update and revise the program as and when appropriate or when required by the Project Manager, but without modification in the Times for Completion given in the SCC and any extension granted in accordance with SCC Clause 40, and shall submit all such revisions to the Project Manager.

18.3. Progress Report The Contractor shall monitor progress of all the activities specified in the program referred to in SCC Sub-Clause 18.2 (Program of Performance) above, and supply a progress report to the Project Manager every month. The progress report shall be in a form acceptable to the Project Manager and shall also indicate: (a) percentage completion achieved compared with the planned percentage completion for each activity; and (b) where any activity is behind the program, giving comments and likely consequences and stating the corrective action being taken.

18.4. Progress of Performance If at any time the Contractor’s actual progress falls behind the program referred to in SCC Sub-Clause 18.2 (Program of Performance), or it becomes apparent that it will so fall behind, the Contractor shall, at the request of the Employer or the Project Manager, prepare and submit to the Project Manager a revised program, taking into account the prevailing circumstances, and shall notify the Project Manager of the steps being taken to expedite progress so as to attain Completion of the Facilities within the Time for Completion under SCC Sub-Clause 8.2 (Time for Commencement and Completion), any extension thereof entitled under SCC Sub-Clause 40.1 (Extension of Time for Completion), or any extended period as may otherwise be agreed upon between the Employer and the Contractor.

18.5. Work Procedures The Contract shall be executed in accordance with the Contract Documents and the procedures given in the section on Forms and Procedures of the Contract Documents.

18.6. Maintenance of Records of Weekly Progress Review Meeting at Site The Contractor shall be required to attend all weekly site progress review meetings organised by the ‘Project Manager’ or his authorized representative. The deliberations in the meetings shall interalia include the weekly program, progress of work (including details of manpower, tools and plants deployed by the Contractor vis-à-vis agreed schedule), inputs to be provided by Employer, delays, if any and recovery program, specific hindrances to work and work instructions by Employer. The minutes of the weekly meetings shall be recorded in triplicate in a numbered register available with the ‘Project Manager’ or his authorized representative. These recordings shall be jointly



PAGE NO.294


signed by the ‘Project Manager’ or his authorized representative and the Contractor and one copy of the signed records shall be handed over to the Contractor.

19. Subcontracting 19.1. Appendix 5 (List of Approved Subcontractors) to the Contract Agreement specifies major

items of supply or services and a list of approved Subcontractors against each item, including vendors. Insofar as no Subcontractors are listed against any such item, the Contractor shall prepare a list of Subcontractors for such item for inclusion in such list. The Contractor may from time to time propose any addition to or deletion from any such list. The Contractor shall submit any such list or any modification thereto to the Employer for its approval in sufficient time so as not to impede the progress of work on the Facilities. Such approval by the Employer for any of the Subcontractors shall not relieve the Contractor from any of its obligations, duties or responsibilities under the Contract.

19.2. The Contractor shall select and employ its Subcontractors for such major items from those listed in the lists referred to in SCC Sub-Clause 19.1.

19.3. For items or parts of the Facilities not specified in Appendix 5 (List of Approved Subcontractors) to the Contract Agreement, the Contractor may employ such Subcontractors as it may select, at its discretion.

20. Design and Engineering 20.1. Specifications and Drawings 20.1.1. The Contractor shall execute the basic and detailed design and the engineering work in

compliance with the provisions of the Contract, or where not so specified, in accordance with good engineering practice. The Contractor shall be responsible for any discrepancies, errors or omissions in the specifications, drawings and other technical documents that it has prepared, whether such specifications, drawings and other documents have been approved by the Project Manager or not, provided that such discrepancies, errors or omissions are not because of inaccurate information furnished in writing to the Contractor by or on behalf of the Employer.

20.1.2. The Contractor shall be entitled to disclaim responsibility for any design, data, drawing, specification or other document, or any modification thereof provided or designated by or on behalf of the Employer, by giving a notice of such disclaimer to the Project Manager.

20.2. Codes and Standards Wherever references are made in the Contract to codes andstandards in accordance with which the Contract shall be executed, the edition or the revised version of such codes and standards current at the date twenty-eight (28) days prior to date of bid submission shall apply unless otherwise specified. During Contract execution, any changes in such codes and standards shall be applied after approval by the Employer and shall be treated in accordance with SCC Clause 39 (Changes Originating from Contractor).

20.3. Approval/Review of Technical Documents by Project Manager 20.3.1. The Contractor shall prepare (or cause its Subcontractors to prepare) and furnish to

the Project Manager the documents listed in Appendix 7 (List of Documents for



PAGE NO.295


Approval or Review) to the Contract Agreement for its approval or review as specified and as in accordance with the requirements of SCC Sub-Clause 18.2 (Program of Performance). Any part of the Facilities covered by or related to the documents to be approved by the Project Manager shall be executed only after the Project Manager’s approval thereof. SCC Sub-Clauses 20.3.2 through 20.3.7 shall apply to those documents requiring the Project Manager’s approval, but not to those furnished to the Project Manager for its review only.

20.3.2. Within twenty one (21) days after receipt by the Project Manager of any document requiring the Project Manager’s approval in accordance with SCC Sub-Clause 20.3.1, the Project Manager shall either return one copy thereof to the Contractor with its approval endorsed thereon or shall notify the Contractor in writing of its disapproval thereof and the reasons therefore and the modifications that the Project Manager proposes.

20.3.3. The Project Manager shall not disapprove any document, except on the grounds that the document does not comply with some specified provision of the Contract or that it is contrary to good engineering practice.

20.3.4. If the Project Manager disapproves the document, the Contractor shall modify the document and resubmit it for the Project Manager’s approval in accordance with SCC Sub- Clause 20.3.2. If the Project Manager approves the document subject to modification(s), the Contractor shall make the required modification(s), and upon resubmission with the required modifications the document shall be deemed to have been approved. The procedure for submission of the documents by the Contractor and their approval by the Project Manager shall be discussed and finalised with the Contractor.

20.3.5. If any dispute or difference occurs between theEmployer and the Contractor in connection with orarising out of the disapproval by the Project Manager of any document and/or any modification(s) theretothat cannot be settled between the parties within areasonable period, then such dispute or difference maybe referred to Expert committee (EC) as per GCC Clause 25.

20.3.6. The Project Manager’s approval, with or without modification of the document furnished by the Contractor, shall not relieve the Contractor of any responsibility or liability imposed upon it by any provisions of the Contract except to the extent that any subsequent failure results from modifications required by the Project Manager.

20.3.7. The Contractor shall not depart from any approved document unless the Contractor has first submitted to the Project Manager an amended document and obtained the Project Manager’s approval thereof, pursuant to the provisions of this SCC Sub- Clause 20.3. If the Project Manager requests any change in any already approved document and/or in any document based thereon, the provisions of SCC Clause 39 (Change in the Facilities) shall apply to such request.



PAGE NO.296


21. Procurement 21.1. Plant and Equipment

Subject to SCC Sub-Clause 14.2, the Contractor shall manufacture or procure and transport all the Plant and Equipment in an expeditious and orderly manner to the Site.

21.2. Not Used 21.3. Transportation 21.3.1. The Contractor shall at its own risk and expense transport all the Plant and Equipment

and the Contractor’s Equipment to the Site by the mode of transport that the Contractor judges most suitable under all the circumstances. Packing Material: The Contractor shall ensure that all the plant and equipment are suitably packed and protected to prevent damage or deterioration during its transportation to site, handling and storage at site till the time of its installation. The ownership of all such packing material (except empty shipper’s containers on which the customs duty has been paid by the Contractor pursuant to SCC Clause 14.2) shall stand transferred to the Employer upon dispatch of the plant and equipment and endorsement of dispatch documents in favour of the Employer.

21.3.2. Unless otherwise provided in the Contract, the Contractor shall be entitled to select any safe mode of transport operated by any person to carry the Plant and Equipment and the Contractor’s Equipment.

21.3.3. Upon despatch of each shipment of the Plant and Equipment and the Contractor’s Equipment, the Contractor shall notify the Employer by Email/ Post of the description of the Plant and Equipment and of the Contractor’s Equipment, the point and means of dispatch, and the estimated time and point of arrival in the country where the Site is located, if applicable, and at the Site. The Contractor shall furnish the Employer with relevant shipping documents to be agreed upon between the parties.

21.3.4. The Contractor shall be responsible for obtaining, if necessary, approvals from the authorities for transportation of the Plant and Equipment and the Contractor’s Equipment to the Site. The Employer shall use its best endeavours in a timely and expeditious manner to assist the Contractor in obtaining such approvals, if requested by the Contractor. The Contractor shall indemnify and hold harmless the Employer from and against any claim for damage to roads, bridges or any other traffic facilities that may be caused by the transport of the Plant and Equipment and the Contractor’s Equipment to the Site.

22. Installation 22.1. Setting Out/Supervision/Labour 22.1.1. Benchmark: The Contractor shall be responsible for the true and proper setting-out of the

Facilities in relation to benchmarks, reference marks and lines provided to it in writing by or on behalf of the Employer. If, at any time during the progress of installation of the Facilities, any error shall appear in the position, level or alignment of the Facilities, the Contractor shall forthwith notify the Project Manager of such error and, at its own expense, immediately rectify such



PAGE NO.297


error to the reasonable satisfaction of the Project Manager. If such error is based on incorrect data provided in writing by or on behalf of the Employer, the expense of rectifying the same shall be borne by the Employer.

22.1.2. Contractor’s Supervision: The Contractor shall give or provide all necessary superintendence during the installation of the Facilities, and the Construction Manager or its deputy shall be constantly on the Site to provide full-time superintendence of the installation. The Contractor shall provide and employ only technical personnel who are skilled and experienced in their respective callings and supervisory staff who are competent to adequately supervise the work at hand.

22.1.3. Labour: The Contractor shall provide and employ on the Site in the installation of the Facilities such skilled, semi-skilled and unskilled labour as is necessary for the proper and timely execution of the Contract. The Contractor is encouraged to use local labor that has the necessary skills. Unless otherwise provided in the Contract, the Contractor shall be responsible for the recruitment, transportation, accommodation and catering of all labour, local or expatriate, required for the execution of the Contract and for all payments in connection therewith. The Contractor shall be responsible for obtaining all necessary permit(s) and/or visa(s) from the appropriate authorities for the entry of all labour and personnel to be employed on the Site. The Contractor shall at all times during the progress of the Contract use its best endeavors to prevent any unlawful, riotous or disorderly conduct or behavior by or amongst its employees and the labour of its Subcontractors. The Contractor shall, in all dealings with its labour and the labour of its Subcontractors currently employed on or connected with the Contract, pay due regard to all recognized festivals, official holidays, religious or other customs and all local laws and regulations pertaining to the employment of labour.

22.2. Contractor’s Equipment 22.2.1. All Contractors’ Equipment brought by the Contractor onto the Site shall be deemed to be

intended to be used exclusively for the execution of the Contract. The Contractor shall not remove the same from the Site without the Project Manager’s consent that such Contractor’s Equipment is no longer required for the execution of the Contract.

22.2.2. Unless otherwise specified in the Contract, upon completion of the Facilities, the Contractor shall remove from the Site all Equipment brought by the Contractor onto the Site and any surplus materials remaining thereon.

22.3. Site Regulations and Safety The Employer and the Contractor shall establish Site regulations setting out the rules to be observed in the execution of the Contract at the Site and shall comply therewith. The Contractor shall prepare and submit to the Employer, with a copy to the Project Manager, proposed Site regulations for the Employer’s approval, which approval shall not be unreasonably withheld.

22.4. Opportunities for Other Contractors



PAGE NO.298


22.4.1. The Contractor shall, upon written request from the Employer or the Project Manager, give all reasonable opportunities for carrying out the work to any other contractors employed by the Employer on or near the Site.

22.4.2. If the Contractor, upon written request from the Employer or the Project Manager, makes available to other contractors any roads or ways the maintenance for which the Contractor is responsible, permits the use by such other contractors of the Contractor’s Equipment, or provides any other service of whatsoever nature for such other contractors, the Employer shall fully compensate the Contractor for any loss or damage caused or occasioned by such other contractors in respect of any such use or service, and shall pay to the Contractor reasonable remuneration for the use of such equipment or the provision of such services.

22.4.3. The Contractor shall also so arrange to perform its work as to minimize, to the extent possible, interference with the work of other contractors. The Project Manager shall determine the resolution of any difference or conflict that may arise between the Contractor and other contractors and the workers of the Employer in regard to their work.

22.4.4. The Contractor shall notify the Project Manager promptly of any defects in the other Contractors’ work that come to its notice, and that could affect the Contractor’s work. The Project Manager shall determine the corrective measures, if any, required to rectify the situation after inspection of the Facilities. Decisions made by the Project Manager shall be binding on the Contractor.

22.5. Emergency Work If, by reason of an emergency arising in connection with and during the execution of the Contract, any protective or remedial work is necessary as a matter of urgency to prevent damage to the Facilities, the Contractor shall immediately carry out such work. If the Contractor is unable or unwilling to do such work immediately, the Employer may do or cause such work to be done as the Employer may determine is necessary in order to prevent damage to the Facilities. In such event the Employer shall, as soon as practicable after the occurrence of any such emergency, notify the Contractor in writing of such emergency, the work done and the reasons therefor. If the work done or caused to be done by the Employer is work that the Contractor was liable to do at its own expense under the Contract, the reasonable costs incurred by the Employer in connection therewith shall be paid by the Contractor to the Employer. Otherwise, the cost of such remedial work shall be borne by the Employer.

22.6. Site Clearance 22.6.1. Site Clearance in Course of Performance: In the course of carrying out the Contract, the

Contractor shall keep the Site reasonably free from all unnecessary obstruction, store or remove any surplus materials, clear away any wreckage, rubbish or temporary works from the Site, and remove any Contractor’s Equipment no longer required for execution of the Contract.



PAGE NO.299


22.6.2. Clearance of Site after Completion: After Completion of all parts of the Facilities, the Contractor shall clear away and remove all wreckage, rubbish and debris of any kind from the Site, and shall leave the Site and Facilities clean and safe. Disposal of scrap: The Contractor shall with the agreement of the Employer promptly remove from the site any ‘Scrap’ generated during performance of any activities at site in pursuance of the Contract. The term ‘Scrap’ shall refer to scrap/waste/remnants arising out of the fabrication of structural steel work and piping work at the project site in the course of execution of the contract and shall also include any wastage of cables during the termination process while installing the cables. The ownership of such Scrap shall vest with the Contractor except in cases where the items have been issued by the Employer from its stores for their installation only without any adjustment to the Contract Price. The removal of scrap shall be subject to the Contractor producing the necessary clearance from the relevant authorities (Custom, Excise etc.), if required by the law, in respect of disposal of the scrap. The liability for the payment of the applicable taxes/duties shall be that of the Contractor. The Contractor shall also indemnify to keep the Employer harmless from any act of omission or negligence on the part of the Contractor in following the statutory requirements with regard to removal/disposal of scrap. The Indemnity-cum- Undertaking Agreement shall be furnished by Contractor as per proforma enclosed in Section-VII (Forms and Procedure). Further, in case the laws require the Employer to take prior permission of the relevant Authorities before handing over the scrap to the Contractor, the same shall be obtained by the Contractor on behalf of the Employer.

22.7. Watching and Lighting The Contractor shall provide and maintain at its own expense all lighting, fencing, and watching when and where necessary for the proper execution and the protection of the Facilities, or for the safety of the owners and occupiers of adjacent property and for the safety of the public.

22.8. Work at Night and on Holidays 22.8.1. Not Used 22.8.2. Notwithstanding SCC Sub-Clauses 22.8.1 or 22.1.3, if and when the Contractor considers

it necessary to carry out work at night or on public holidays so as to meet the Time for Completion and requests the Employer’s consent thereto, the Employer shall not unreasonably withhold such consent.

23. Tests and Inspection 23.1. Contractor shall at its own expense carry out at the place of manufacture and/or on the Site

all such tests and/or inspections of the Plant and Equipment and any part of the Facilities as are specified in the Contract.

23.2. The Employer and the Project Manager or their designated representatives shall be entitled to attend the aforesaid test and/or inspection, provided that the Employer shall bear all costs and expenses incurred in connection with such attendance including, but not limited to, all travelling and board and lodging expenses.



PAGE NO.300


23.3. Whenever the Contractor is ready to carry out any such test and/or inspection, the Contractor shall give a reasonable advance notice of such test and/or inspection and of the place and time thereof to the Project Manager. The Contractor shall obtain from any relevant third party or manufacturer any necessary permission or consent to enable the Employer and the Project Manager (or their designated representatives) to attend the test and/or inspection.

23.4. The Contractor shall provide the Project Manager with a certified report of the results of any such test and/or inspection. If the Employer or Project Manager (or their designated representatives) fails to attend the test and/or inspection, or if it is agreed between the parties that such persons shall not do so, then the Contractor may proceed with the test and/or inspection in the absence of such persons, and may provide the Project Manager with a certified report of the results thereof.

23.5. The Project Manager may require the Contractor to carry out any test and/or inspection not required by the Contract, provided that the Contractor’s reasonable costs and expenses incurred in the carrying out of such test and/or inspection shall be added to the Contract Price. Further, if such test and/or inspection impedes the progress of work on the Facilities and/or the Contractor’s performance of its other obligations under the Contract, due allowance will be made in respect of the Time for Completion and the other obligations so affected.

23.6. If any Plant and Equipment or any part of the Facilities fails to pass any test and/or inspection, the Contractor shall either rectify or replace such Plant and Equipment or part of the Facilities and shall repeat the test and/or inspection upon giving a notice under SCC Sub-Clause 23.3.

23.7. If any dispute or difference of opinion shall arise between the parties in connection with or arising out of the test and/or inspection of the Plant and Equipment or part of the Facilities that cannot be settled between the parties within a reasonable period of time, it maybe referred to the Expert Committee (EC) in accordance with GCC Clause 25.

23.8. The Contractor shall afford the Employer and the Project Manager, at the Employer’s expense, access at any reasonable time to any place where the Plant and Equipment are being manufactured or the Facilities are being installed, in order to inspect the progress and the manner of manufacture or installation, provided that the Project Manager shall give the Contractor a reasonable prior notice.

23.9. The Contractor agrees that neither the execution of a test and/or inspection of Plant and Equipment or any part of the Facilities, nor the attendance by the Employer or the Project Manager, nor the issue of any test certificate pursuant to SCC Sub-Clause 23.4, shall release the Contractor from any other responsibilities under the Contract.

23.10. No part of the Facilities or foundations shall be covered up on the Site without the Contractor carrying out any test and/or inspection required under the Contract. The Contractor shall give a reasonable notice to the Project Manager whenever any such part of the Facilities or foundations are ready or about to be ready for test and/or inspection; such test and/or inspection and notice thereof shall be subject to the requirements of the Contract.



PAGE NO. 301


23.11. The Contractor shall uncover any part of the Facilities or foundations or shall make openings in or through the same as the Project Manager may from time to time require at the Site, and shall reinstate and make good such part or parts. If any part of the Facilities or foundations have been covered up at the Site after compliance with the requirement of SCC Sub-Clause 23.10 and are found to be executed in accordance with the Contract, the expenses of uncovering, making openings in or through, reinstating, and making good the same shall be borne by the Employer, and the Time for Completion shall be reasonably adjusted to the extent that the Contractor has thereby been delayed or impeded in the performance of any of its obligations under the Contract.

24. Commissioning and Completion of the Facilities 24.1. As soon as installing the Facilities or any part thereof has, in the opinion of the Contractor,

been completed as specified in the Technical Specifications, excluding minor items not materially affecting the operation or safety of the Facilities, the Contractor shall so notify the Chief Electrical Inspector office in the state for inspection and approval, with keeping the Employer in loop in communication in writing.

24.2. On receipt of approval for the plant from Electrical Inspector Office, the contractor shall inform the concerned utility personal for inspection, meter testing and synchronization certificate.

24.3. As soon as reasonably practicable after the operating and maintenance personnel have been supplied by the Employer and the raw materials, utilities, lubricants, chemicals, catalysts, facilities, services and other matters, if so specified in Appendix 6 (Scope of Works and Supply by the Employer) to Contract Agreement in accordance with SCC Sub-Clause 24.2, the Contractor shall commence Pre-commissioning of the Facilities or the relevant part thereof in preparation for Commissioning.

24.4. As soon as all works in respect of Pre-commissioning are completed and, in the opinion of the Contractor, the Facilities or any part thereof is ready for Commissioning, the Contractor shall commence Commissioning of the facilities. As soon as Commissioning is satisfactorily completed, the Contractor shall so notify the Project Manager in writing.

24.5. Commissioning of the Facilities or any part thereof shall be completed by the Contractor as per procedures detailed in the Technical Specifications. The Employer shall supply the operating and maintenance personnel and all raw materials, utilities, lubricants, chemicals, catalysts, facilities, services and other matters as specified in Appendix-6 (Scope of work and supply by the Employer) to the Contract Agreement, required for Commissioning of the Facilities.

24.6. The Project Manager shall, within fourteen (14) days after receipt of the Contractor’s notice under SCC Sub-Clause 24.4, either issue a Completion Certificate in the form specified in the Forms and Procedures section in the bidding documents, stating that the Facilities or that part thereof have reached Completion as at the date of the Contractor’s notice under SCC Sub-Clause 24.4, or notify the Contractor in writing of any defects and/or deficiencies.



PAGE NO.302


If the Project Manager notifies the Contractor of any defects and/or deficiencies, the Contractor shall then correct such defects and/or deficiencies and shall repeat the procedure described in SCC Sub- Clause 24.4. If the Project Manager is satisfied that the Facilities or that part thereof have reached Completion, the Project Manager shall, within seven (7) days after receipt of the Contractor’s repeated notice, issue a Completion Certificate stating that the Facilities or that part thereof have reached Completion as at the date of the Contractor’s repeated notice. If the Project Manager is not so satisfied, then it shall notify the Contractor in writing of any defects and/or deficiencies within seven days after receipt of the Contractor’s repeated notice, and the above procedure shall be repeated.

24.7. If the Project Manager fails to issue the Completion Certificate and fails to inform the Contractor of any defects and/or deficiencies within fourteen (14) days after receipt of the Contractor’s notice under SCC Sub-Clause 24.4 or within seven (7) days after receipt of the Contractor’s repeated notice under SCC Sub-Clause 24.5, or if the Employer makes use of the Facilities or part thereof, then the Facilities or that part thereof shall be deemed to have reached Completion as of the date of the Contractor’s notice or repeated notice, or as of the Employer’s use of the Facilities, as the case may be.

24.8. As soon as possible after Completion, the Contractor shall complete all outstanding minor items so that the Facilities are fully in accordance with the requirements of the Contract, failing which the Employer will undertake such completion and deduct the costs thereof from any monies owing to the Contractor.

24.9. Upon Completion, the Employer shall be responsible for the care and custody of the Facilities or the relevant part thereof, together with the risk of loss or damage thereto, and shall thereafter take over the Facilities or the relevant part thereof. However, in case Operation & Maintenance of the Solar Photo Voltaic Project for an initial period is in the scope of Contractor, the Contractor shall be responsible for the care and custody of the Facilities or the relevant part thereof, together with the risk of loss or damage thereto up to the completion of O&M period and the final take-over by the Employer shall take place only after completion of O&M period. On completion of O&M period, If the Employer is satisfied with the completion of O&M of Solar Photo Voltaic Project as the provisions of the Contract, the Employer shall issue to the Contractor a Taking Over Certificate as a proof of final acceptance of the entire Solar Photo Voltaic Project. Such certificate shall not relieve the Contractor of any of its obligation which otherwise survive, by the terms and conditions of the Contract after issuance of such certificate.

25. Guarantee Test and Operational Acceptance 25.1. Guarantee Test 25.1.1. The Guarantee Test (and repeats thereof) shall be conducted by the Contractor after

Commissioning of the Facilities or the relevant part thereof to ascertain whether the Facilities or the relevant part can attain the Functional Guarantees specified in the Contract Documents. The Contractor’s and Project Manager’s advisory personnel shall



PAGE NO.303


attend the Guarantee Test. The Employer shall promptly provide the Contractor with such information as the Contractor may reasonably require in relation to the conduct and results of the Guarantee Test (and any repeats thereof).

25.1.2. If for reasons attributable to the Employer, the Guarantee Test of the Facilities or the relevant part thereof cannot be successfully completed within the period of 12 months from the date of Completion of respective facility, the payment towards Successful Completion of Guarantee Test, shall be released to the contractor against Bank Guarantee. Such Bank Guarantee shall have initial validity of one (1) year. The Bank Guarantee shall be extended for any subsequent period, if required, such that the same remains valid till the successful Completion of Guarantee Test.

25.2. Operational Acceptance 25.2.1. Subject to SCC Sub-Clause 25.3 (Partial Acceptance) below, Operational Acceptance

shall occur in respect of the Facilities or any part thereof when a) the Guarantee Test has been successfully completed and the Functional

Guarantees are met; or b) the Contractor has paid the liquidated damages specified in SCC Sub-

Clause 28.3 hereof; and c) any minor items mentioned in SCC Sub-Clause 24.8hereof relevant to the

Facilities or that part thereof have been completed. 25.2.2. At any time after any of the events set out in SCC Sub- Clause 25.2.1 have occurred, the

Contractor may give a notice to the Project Manager requesting the issue of an Operational Acceptance Certificate in the form provided in the Bidding Documents or in another form acceptable to the Employer in respect of the Facilities or the part thereof specified in such notice as at the date of such notice.

25.2.3. The Project Manager shall, after consultation with the Employer, and within forty- f ive (45) days after receipt of the Contractor’s notice, issue an Operational Acceptance Certificate.

25.2.4. If within forty five (45) days after receipt of the Contractor’s notice, the Project Manager fails to issue the Operational Acceptance Certificate or fails to inform the Contractor in writing of the justifiable reasons why the Project Manager has not issued the Operational Acceptance Certificate, the Facilities or the relevant part thereof shall be deemed to have been accepted as at the date of the Contractor’s said notice.

25.3. Partial Acceptance 25.3.1. If the Contract specifies that Commissioning, Completion and Guarantee Tests shall be

carried out in respect of parts of the Facilities, the provisions relating to Commissioning Completion and the Guarantee Test shall apply to each such part of the Facilities individually, and the Operational Acceptance Certificate shall be issued accordingly for each such part of the Facilities.

25.3.2. If a part of the Facilities comprises facilities such as buildings, for which no Commissioning or Guarantee Test is required, then the Project Manager shall issue the Operational Acceptance Certificate for such facility when it attains Completion,



PAGE NO.304


provided that the Contractor shall thereafter complete any outstanding minor items that are listed in the Operational Acceptance Certificate.

F. Guarantees and Liabilities 26. Completion Time Guarantee 26.1. The Contractor guarantees that it shall attain Completion of the Facilities (or a part for which

a separate time for completion is specified in the SCC) within the Time for Completion specified in the SCC pursuant to SCC Sub-Clause 8.2, or within such extended time to which the Contractor shall be entitled under SCC Clause 40 (Extension of Time for Completion) hereof.

26.2. If the Contractor fails to attain Completion of the Facilities or any part thereof within the Time for Completion or any extension thereof under SCC Clause 40 (Extension of Time for Completion), the Contractor shall pay to the Employer liquidated damages in the amount computed at the rates specified in the SCC. The aggregate amount of such liquidated damages shall in no event exceed the amount specified as “Maximum” in the SCC. Once the “Maximum” is reached, the Employer may consider termination of the Contract, pursuant to SCC Sub-Clause 42.2.2. Such payment shall completely satisfy the Contractor’s obligation to attain Completion of the Facilities or the relevant part thereof within the Time for Completion or any extension thereof under SCC Clause 40 (Extension of Time for Completion). The Contractor shall have no further liability whatsoever to the Employer in respect thereof. However, the payment of liquidated damages shall not in any way relieve the Contractor from any of its obligations to complete the Facilities or from any other obligations and liabilities of the Contractor under the Contract. Save for liquidated damages payable under this SCC Sub-Clause 26.2, the failure by the Contractor to attain any milestone or other act, matter or thing by any date specified in Appendix 4 (Time Schedule) to the Contract Agreement and/or other program of work prepared pursuant to SCC Clause 18 (Program of Performance) shall not render the Contractor liable for any loss or damage thereby suffered by the Employer.

26.3. No bonus will be given for earlier completion of the facilities as part thereof. 27. Defect Liability 27.1. The Contractor warrants that the Facilities or any part thereof shall be free from defects in

the design, engineering, materials and workmanship of the Plant and Equipment supplied and of the work executed.

27.2. The Defect Liability Period shall be eighteen (18) months from the date of Completion of the Facilities (or any part thereof) or twelvemonths from the date of Operational Acceptance of the Facilities (or any part thereof), whichever first occurs, unless specified otherwise in the SCC. If during the Defect Liability Period any defect should be found in the design, engineering, materials and workmanship of the Plant and Equipment supplied or of the work executed by the Contractor, the Contractor shall promptly, in consultation and agreement with the Employer regarding appropriate remedying of the defects, and at its



PAGE NO.305


cost, repair, replace or otherwise make good (as the Contractor shall, at its discretion, determine) such defect as well as any damage to the Facilities caused by such defect. The Contractor shall not be responsible for the repair, replacement or making good of any normal wear and tear.

27.3. Not Used 27.4. The Employer shall give the Contractor a notice stating the nature of any such defect

together with all available evidence thereof, promptly following the discovery thereof. The Employer shall afford all reasonable opportunity for the Contractor to inspect any such defect.

27.5. The Employer shall afford the Contractor all necessary access to the Facilities and the Site to enable the Contractor to perform its obligations under this SCC Clause 27. The Contractor may, with the consent of the Employer, remove from the Site any Plant and Equipment or any part of the Facilities that are defective, if the nature of the defect, and/or any damage to the Facilities caused by the defect is such that repairs cannot be expeditiously carried out at the Site.

27.6. If the repair, replacement or making good is of such a character that it may affect the efficiency of the Facilities or any part thereof, the Employer may give to the Contractor a notice requiring that tests of the defective part of the Facilities shall be made by the Contractor immediately upon completion of such remedial work, whereupon the Contractor shall carry out such tests. If such part fails the tests, the Contractor shall carry out further repair, replacement or making good (as the case may be) until that part of the Facilities passes such tests. The tests in character shall in any case be not less than what has already been agreed by the Employer and the Contractor for the original equipment/part of the Facilities.

27.7. If the Contractor fails to commence the work necessary to remedy such defect or any damage to the Facilities caused by such defect within a reasonable time (which shall in no event be considered to be less than fifteen (15) days), the Employer may, following notice to the Contractor, proceed to do such work, and the reasonable costs incurred by the Employer in connection therewith shall be paid to the Employer by the Contractor or may be deducted by the Employer from any monies due to the Contractor or claimed under the Performance Securities.

27.8. If the Facilities or any part thereof cannot be used by reason of such defect the Defect Liability Period of the Facilities or such part, as the case may be, shall be extended by a period equal to the period during which the Facilities or such part cannot be used by the Employer because of any of the aforesaid reasons. Upon correction of the defects in the Facilities or any part thereof by repair/replacement, such repair/replacement shall have the Defect Liability Period extended by a period of twelve (12) month from the time such replacement/repair of the Facilities or any part thereof has been completed.

27.8.1. At the end of the Defect Liability Period, the contractor liability ceases except for latent defects. The contractor’s liability for latent defects warranty shall be limited to a period of five (5) years from the end of Defect Liability Period of the respective plant and equipment including spares. For the purpose of this clause, the latent defects shall be



PAGE NO.306


the defects inherently lying within the material or arising out of design deficiency which do not manifest themselves during the Defect Liability Period in this SCC clause 27, but later.

27.9. Except as provided in SCC Clauses 27 and 33 (Loss of or Damage to Property / Accident or Injury to Workers /Indemnification), the Contractor shall be under no liability whatsoever and howsoever arising, and whether under the Contract or at law, in respect of defects in the Facilities or any part thereof, the Plant and Equipment, design or engineering or work executed that appear after Completion of the Facilities or any part thereof, except where such defects are the result of the gross negligence, fraud, criminal or willful action of the Contractor.

27.10. In addition, the Contractor shall also provide an extended warranty for any such component of the Facilities and during the period of time as may be specified in the SCC. Such obligation shall be in addition to the defect liability specified under SCC Sub- Clause 27.2.The Bidder shall provide the extended warranties for Solar PV modules and other equipment as detailed in Section - VI (Technical Specifications).

28. Functional Guarantees 28.1. The Contractor guarantees that during the Guarantee Test, the Facilities and all parts

thereof shall attain the Functional Guarantees specified under 'Functional Guarantees and Liquidated Damages', Part-A of Section-VI (Technical Specification), subject to and upon the conditions therein specified.

28.2. If, for reasons attributable to the Contractor, the guaranteed level of the Functional Guarantees specified under 'Functional Guarantees and Liquidated Damages', Part-A of Section-VI (Technical Specification) are not met either in whole or in part, the Contractor shall, within a mutually agreed time, at its cost and expense make such changes, modifications and/or additions to the Plant or any part thereof as may be necessary to meet such Guarantees. The Contractor shall notify the Employer upon completion of the necessary changes, modifications and/or additions, and shall seek the Employer’s consent to repeat the Guarantee Test. If the guaranteed level of specified Functional Guarantees parameter(s) are still not specified under 'Functional Guarantees and Liquidated Damages', Part-A of Section-VI (Technical Specification), then the Employer will accept the equipment/system/plant after levy of liquidated damages in accordance with the provisions specified under 'Functional Guarantees and Liquidated Damages', Part-A of Section-VI (Technical Specification). However, if the level of the specified Functional Guarantee parameters, as demonstrated even during repeat of the Guarantee Test(s), are outside the acceptable shortfall limit as specified under "Functional Guarantees and Liquidated Damages", Part-A of Section-VI (Technical Specification), the Employer may at its option, either

- Reject the Equipment and recover the payments already made, or - Terminate the Contract pursuant to SCC Sub-Clause 42.2.2 and recover the

payments already made, or - Accept the equipment after levy of liquidated damages in accordance with the

provisions specified under 'Functional Guarantees and Liquidated Damages', Part-A of Section-VI (Technical Specification) to the Contract Agreement.



PAGE NO.307


28.3. In case the Employer exercises its option to accept the equipment after levy of liquidated damages, the payment of liquidated damages under SCC Sub-Clause 28.2, up to the limitation of liability specified under 'Functional Guarantees and Liquidated Damages', Part-A of Section-VI (Technical Specification) to the Contract Agreement, shall completely satisfy the Contractor’s guarantees under SCC Sub- Clause 28.2, and the Contractor shall have no further liability whatsoever to the Employer in respect thereof. Upon the payment of such liquidated damages by the Contractor, the Project Manager shall issue the Operational Acceptance Certificate for the Facilities or any part thereof in respect of which the liquidated damages have been so paid.

28.4. The words 'Appendix-8 (Functional Guarantees)' appearing in the SCC Clause 28 and at any places in bidding documents shall be read in conjunction with Technical Specifications, Section-VI of Bidding Documents.

29. Patent Indemnity 29.1. The Contractor shall, subject to the Employer’s compliance with SCC Sub-Clause 29.2,

indemnify and hold harmless the Employer and its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses, which the Employer may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright or other intellectual property right registered or otherwise existing at the date of the Contract by reason of: (a) the installation of the Facilities by the Contractor or the use of the Facilities in the country where the Site is located; and (b) the sale of the products produced by the Facilities in any country. Such indemnity shall not cover any use of the Facilities or any part thereof other than for the purpose indicated by or to be reasonably inferred from the Contract, any infringement resulting from the use of the Facilities or any part thereof, or any products produced thereby in association or combination with any other equipment, plant or materials not supplied by the Contractor, pursuant to the Contract Agreement.

29.2. If any proceedings are brought or any claim is made against the Employer arising out of the matters referred to in SCC Sub-Clause 29.1, the Employer shall promptly give the Contractor a notice thereof, and the Contractor may at its own expense and in the Employer’s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim. If the Contractor fails to notify the Employer within twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the Employer shall be free to conduct the same on its own behalf. Unless the Contractor has so failed to notify the Employer within the twenty-eight (28) day period, the Employer shall make no admission that may be prejudicial to the defence of any such proceedings or claim. The Employer shall, at the Contractor’s request, afford all available assistance to the Contractor in conducting such proceedings or claim, and shall be reimbursed by the Contractor for all reasonable expenses incurred in so doing.

29.3. The Employer shall indemnify and hold harmless the Contractor and its employees, officers and Subcontractors from and against any and all suits, actions or administrative



PAGE NO.308


proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses, which the Contractor may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright or other intellectual property right registered or otherwise existing at the date of the Contract arising out of or in connection with any design, data, drawing, specification, or other documents or materials provided or designed by or on behalf of the Employer.

30. Limitation of Liability 30.1. Except in cases of criminal negligence or willful misconduct,

a) neither Party shall be liable to the other Party, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, which may be suffered by the other Party in connection with the Contract, provided that this exclusion shall not apply to any obligation of the Contractor to pay liquidated damages to the Employer and

b) the aggregate liability of the either party to the other party, whether under the Contract, in tort or otherwise, shall not exceed the total Contract Price, provided that this limitation shall not apply to any obligation of the Contractor to indemnify the Employer with respect to patent infringement. Notwithstanding anything contained hereinabove, the aggregate liability of the Employer to the Contractor shall not exceed the Total Contract Price, less payments already released to the Contractor, if any

G. Risk Distribution 31. Transfer of Ownership 31.1. Ownership of the Plant and Equipment (including spare parts) shall be transferred to the

Employer when the Guarantee test is successfully completed by the contractor after commissioning of the plant or part thereof.

31.2. Ownership of the Contractor’s Equipment used by the Contractor and its Subcontractors in connection with the Contract shall remain with the Contractor or its Subcontractors.

31.3. Ownership of any Plant and Equipment in excess of the requirements for the Facilities shall revert to the Contractor upon Completion of the Facilities or at such earlier time when the Employer and the Contractor agree that the Plant and Equipment in question are no longer required for the Facilities, provided quantity of any Plant and Equipment specifically stipulated in the Contract shall be the property of the Employer whether or not incorporated in the Facilities.

31.4. Ownership of any Plant and Equipment in excess of the requirements for the Facilities (i.e. surplus material) shall revert to the Contractor upon Completion of the Facilities and Guarantee Test or at such earlier time when the Employer and the Contractor agree that the Plant and Equipment in question are no longer required for the Facilities, provided quantity of any Plant and Equipment specifically stipulated in the Contract shall be the property of the Employer whether or not incorporated in the Facilities. The Contractor



PAGE NO.309


shall remove from the site such surplus material brought by him in pursuance of the Contract, subject to the Contractor producing the necessary clearance from the relevant authorities (Customs, Excise etc.), if required by law, in respect of re-export or disposal of the surplus material locally. The liability for the payment of the applicable taxes/duties, if any, on the surplus material so re- exported and/or disposed locally shall be that of the Contractor. The Contractor shall also indemnify to keep the Employer harmless from any act of omission or negligence on the part of the Contractor in following the statutory requirements with regard to removal/disposal of surplus material. The Indemnity-cum- Undertaking Agreement shall be furnished by contractor as per proforma enclosed in Section-VII (Part 3 of 3 - Forms and Procedures). Further, in case the laws require the Employer to take prior permission of the relevant Authorities before handing over the surplus material to the Contractor, the same shall be obtained by the Contractor on behalf of the Employer.

31.5. Notwithstanding the transfer of ownership of the Plant and Equipment, the responsibility for care and custody thereof together with the risk of loss or damage thereto shall remain with the Contractor pursuant to SCC Clause 32 (Care of Facilities) hereof until Completion of the Facilities or the part thereof in which such Plant and Equipment are incorporated.

31.6. In case of two/three Contracts entered into between the Employer and the Contractor as per SCC Sub-Clause 3.6 or where the Employer hands over his equipment/plant/entire Solar Photo Voltaic Project to the Contractor for executing the Contract, then the Contractor shall at the time of taking over the equipment/plant/entire Solar Photo Voltaic Projectfurnish Trust Receipt for Plant, Equipment andMaterials / Solar Photo Voltaic Project and alsoexecute an Indemnity-cum-Undertaking Agreement infavour of the Employer in the form acceptable toEmployer for safe operation and maintenance of the plant.

32. Care and Custody of the Facilities 32.1. The Contractor shall be responsible for the care and custody of the Facilities or any part

thereof until the date of Completion of O&M period, and shall make good at its own cost any loss or damage that may occur to the Facilities or the relevant part thereof from any cause whatsoever during such period. The Contractor shall also be responsible for any loss or damage to the Facilities caused by the Contractor or its Subcontractors in the course of any work carried out, pursuant to SCC Clause 27 (Defect Liability). Notwithstanding the foregoing, the Contractor shall not be liable for any loss or damage to the Facilities or that part thereof caused by reason of any of the matters specified or referred to in paragraphs (a), (b) and (c) of SCC Sub-Clauses 32.2.

32.2. If any loss or damage occurs to the Facilities or any part thereof or to the Contractor’s temporary facilities by reason of

a) (insofar as they relate to the country where the Site is located) nuclear reaction, nuclear radiation, radioactive contamination, pressure wave caused by aircraft or other aerial objects, or any other occurrences that an experienced contractor could not reasonably foresee, or if reasonably foreseeable could not reasonably make



PAGE NO.310


provision for or insure against, insofar as such risks are not normally insurable on the insurance market and are mentioned in the general exclusions of the policy of insurance, including War Risks and Political Risks, taken out under GCC Clause47 (Insurance) hereof

b) any use or occupation by the Employer or any third party (other than a Subcontractor) authorized by the Employer of any part of the Facilities

c) any use of or reliance upon any design, data or specification provided or designated by or on behalf of the Employer, or any such matter for which the Contractor has disclaimed responsibility herein. The Employer shall pay to the Contractor all sums payable in respect of the Facilities executed, notwithstanding that the same be lost, destroyed or damaged, and will pay to the Contractor the replacement value of all temporary facilities and all parts thereof lost, destroyed or damaged. If the Employer requests the Contractor in writing to make good any loss or damage to the Facilities thereby occasioned, the Contractor shall make good the same at the cost of the Employer in accordance with SCC Clause 39 (Change in the Facilities). If the Employer does not request the Contractor in writing to make good any loss or damage to the Facilities thereby occasioned, the Employer shall either request a change in accordance with SCC Clause 39 (Change in the Facilities), excluding the performance of that part of the Facilities thereby lost, destroyed or damaged, or, where the loss or damage affects a substantial part of the Facilities, the Employer shall terminate the Contract pursuant to SCC Sub-Clause 42.1 (Termination for Employer’s Convenience) hereof, except that the Contractor shall have no entitlement to profit under paragraph (e) of SCC Sub-Clause 42.1.3 in respect of any unexecuted Facilities as at the date of termination.

32.3. The Contractor shall be liable for any loss of or damage to any Contractor’s Equipment, or any other property of the Contractor used or intended to be used for purposes of the Facilities, except (i) as mentioned in SCC Sub-Clause 32.2 (with respect to the Contractor’s temporary facilities), and (ii) where such loss or damage arises by reason of any of the matters specified in SCC Sub-Clauses 32.2(b) and (c).

32.4. Not Used 33. Loss of or Damage to Property; Accident or Injury to workers; Indemnification

33.1. Subject to SCC Sub-Clause 33.3, the Contractor shall indemnify and hold harmless the Employer and its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and

expenses of whatsoever nature, including attorney’s fees and expenses, in respect of the death or injury of any person or loss of or damage to any property (other

than the Facilities whether accepted or not), arising in connection with the supply and installation of the Facilities and Operation & Maintenance of Solar Photo Voltaic Project and by reason of the negligence of the Contractor or its Subcontractors, or their employees, officers or agents, except any injury, death or property damage caused by the negligence of the Employer, its contractors, employees, officers or agents.

33.2. If any proceedings are brought or any claim is made against the Employer that might subject the Contractor to liability under SCC Sub- Clause 33.1, the Employer shall



PAGE NO. 311


promptly give the Contractor a notice thereof and the Contractor may at its own expense and in the Employer’s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim. If the Contractor fails to notify the Employer within twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the Employer shall be free to conduct the same on its own behalf. Unless the Contractor has so failed to notify the Employer within the twenty-eight (28) day period, the Employer shall make no admission that may be prejudicial to the defence of any such proceedings or claim. The Employer shall, at the Contractor’s request, afford all available assistance to the Contractor in conducting such proceedings or claim, and shall be reimbursed by the Contractor for all reasonable expenses incurred in so doing.

33.3. The Employer shall indemnify and hold harmless the Contractor and its employees, officers and Subcontractors from any liability for loss of or damage to property of the Employer, other than the Facilities not yet taken over, that is caused by fire, explosion or any other perils, in excess of the amount recoverable from insurances procured under GCC Clause 47 (Insurances), provided that such fire, explosion or other perils were not caused by any act or failure of the Contractor.

33.4. The party entitled to the benefit of an indemnity under this SCC Clause 33 shall take all reasonable measures to mitigate any loss or damage which has occurred. If the party fails to take such measures, the other party’s liabilities shall be correspondingly reduced.

34. Insurance Not Used

35. Unforeseen Conditions 35.1. If, during the execution of the Contract, the Contractor shall encounter on the Site any

physical conditions (other than climatic conditions) or artificial obstructions that could not have been reasonably foreseen prior to the date of the Contract Agreement by an experienced contractor on the basis of reasonable examination of the data relating to the Facilities (including any data as to boring tests) provided by the Employer, and on the basis of information that it could have obtained from a visual inspection of the Site (if access thereto was available) or other data readily available to it relating to the Facilities, and if the Contractor determines that it will in consequence of such conditions or obstructions incur additional cost and expense or require additional time to perform its obligations under the Contract that would not have been required if such physical conditions or artificial obstructions had not been encountered, the Contractor shall promptly, and before performing additional work or using additional Plant and Equipment or Contractor’s Equipment, notify the Project Manager in writing of

- the physical conditions or artificial obstructions on the Site that could not have been reasonably foreseen

- the additional work and/or Plant and Equipment and/or Contractor’s Equipment required, including the steps which the Contractor will or proposes to take to overcome such conditions or obstructions

- the extent of the anticipated delay



PAGE NO.312


- the additional cost and expense that the Contractor is likely to incur. On receiving any notice from the Contractor under this SCC Sub-Clause 35.1, the Project Manager shall promptly consult with the Employer and Contractor and decide upon the actions to be taken to overcome the physical conditions or artificial obstructions encountered. Following such consultations, the Project Manager shall instruct the Contractor, with a copy to the Employer, of the actions to be taken.

35.2. Any reasonable additional cost and expense incurred by the Contractor in following the instructions from the Project Manager to overcome such physical conditions or artificial obstructions referred to in SCC Sub-Clause 35.1 shall be paid by the Employer to the Contractor as an addition to the Contract Price.

35.3. If the Contractor is delayed or impeded in the performance of the Contract because of any such physical conditions or artificial obstructions referred to in SCC Sub-Clause 35.1, the Time for Completion shall be extended in accordance with SCC Clause 40 (Extension of Time for Completion).

36. Change in Laws and Regulations 36.1. If, after the date seven (7) days prior to the date of Bid submission, in the country where

the Site is located, any law, regulation, ordinance, order or by-law having the force of law is enacted, promulgated, abrogated or changed (which shall be deemed to include any change in interpretation or application by the competent authorities) that subsequently affects the costs and expenses of the Contractor and/or the Time for Completion, the Contract Price shall be correspondingly increased or decreased, and/or the Time for Completion shall be reasonably adjusted to the extent that the Contractor has thereby been affected in the performance of any of its obligations under the Contract. However, these adjustments would be restricted to items in respect of direct transactions between the Employer and the Contractor and Bought out items (to be dispatched directly from the sub-vendors’ works to Employer’s site). These adjustment shall not be applicable on procurement of raw materials, intermediary components etc. by the Contractor. Notwithstanding the foregoing, such additional or reduced costs shall not be separately paid or credited if the same has already been accounted for in the price adjustment provisions where applicable, in accordance with the Appendix 2 to the Contract Agreement. The above adjustment however shall be restricted to schedule date of dispatch or actual whichever is less. Date of Bid Opening and Date of Bid Submission Shall mean date of Deadline for Bid Submission for Envelope-I(Techno-Commercial Bid) and Envelope-II(Price Bid). Any adjustment in Contract Price onaccount of Change in Laws and regulations shall bepayable to/recoverable from the Contractor.

37. Force Majeure 37.1. “Force Majeure” shall mean any event beyond the reasonable control of the Employer or

of the Contractor, as the case may be, and which is unavoidable notwithstanding the reasonable care of the party affected.

37.2. If either party is prevented, hindered or delayed from or in performing any of its obligations under the Contract by an event of Force Majeure, then it shall notify the other



PAGE NO.313


in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event.

37.3. The party who has given such notice shall be excused from the performance or punctual performance of its obligations under the Contract for so long as the relevant event of Force Majeure continues and to the extent that such party’s performance is prevented, hindered or delayed. The Time for Completion shall be extended in accordance with SCC Clause 40 (Extension of Time for Completion).

37.4. The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the effect thereof upon its or their performance of the Contract and to fulfil its or their obligations under the Contract, but without prejudice to either party’s right to terminate the Contract under SCC Sub-Clauses 37.6.

37.5. No delay or non-performance by either party hereto caused by the occurrence of any event of Force Majeure shall constitute a default or breach of the Contract (subject to SCC Sub-Clauses 32.2) give rise to any claim for damages or additional cost or expense occasioned thereby.

37.6. Notwithstanding SCC Sub-Clause 37.5, Force Majeure shall not apply to any obligation of the Employer to make payments to the Contractor herein.

38. War Risks Not Used

H. Change in Contract Elements 39. Change in the Facilities 39.1. Introducing a Change 39.1.1. Subject to SCC 39.2.5, the Employer shall have the right to propose, and subsequently

require, that the Project Manager order the Contractor from time to time during the performance of the Contract to make any change, modification, addition or deletion to, in or from the Facilities (hereinafter called “Change”), provided that such Change falls within the general scope of the Facilities and does not constitute unrelated work and that it is technically practicable, taking into account both the state of advancement of the Facilities and the technical compatibility of the Change envisaged with the nature of the Facilities as specified in the Contract.

39.1.2. The Contractor may from time to time during its performance of the Contract propose to the Employer (with a copy to the Project Manager) any Change that the Contractor considers necessary or desirable to improve the quality, efficiency or safety of the Facilities. The Employer may at its discretion approve or reject any Change proposed by the Contractor.

39.1.3. Notwithstanding SCC Sub-Clauses 39.1.1 and 39.1.2, no change made necessary because of any default of the Contractor in the performance of its obligations under the Contract shall be deemed to be a Change, and such change shall not result in any adjustment of the Contract Price or the Time for Completion.

39.1.4. The procedure on how to proceed with and execute Changes is specified in SCC Sub- Clauses 39.2 and 39.3.



PAGE NO.314


39.2. Changes Originating from Employer 39.2.1. If the Employer proposes a Change pursuant to SCC Sub- Clause 39.1.1, it shall send to

the Contractor a “Request for Change Proposal,” requiring the Contractor to prepare and furnish to the Project Manager as soon as reasonably practicable a “Change Proposal,” which shall include the following: - brief description of the Change - effect on the Time for Completion - estimated cost of the Change - effect on Functional Guarantees (if any) - effect on any other provisions of the Contract.

39.2.2. The pricing of any change shall, as far as practicable, be calculated in accordance with the rates and prices included in the Contract. If the rates and prices of any change are not available in the Contract, the parties thereto shall agree on specific rates for the variation of the change.

39.2.3. If before or during the preparation of the Change Proposal it becomes apparent that the aggregate effect of compliance therewith and with all other Change Orders that have already become binding upon the Contractor under this SCC Clause 39 would be to increase or decrease the Contract Price as originally set forth in Article 2 (Contract Price) of the Contract Agreement by more than fifteen (15) percent, the Contractor may give a written notice of objection thereto prior to furnishing the Change Proposal as aforesaid. If the Employer accepts the Contractor’s objection, the Employer and the Contractor shall agree on specific rates for valuation of the change.

39.2.4. Upon receipt of the Change Proposal, the Employer and the Contractor shall mutually agree upon all matters therein contained including agreement on rates if such rates are not available in the Contract or if the limit of 15% set forth in Clause 39.2.3 has been exceeded. Within fourteen (14) days after such agreement, the Employer shall, if it intends to proceed with the Change, issue the Contractor with a Change Order. If the Employer is unable to reach a decision within fourteen (14) days, it shall notify the Contractor with details of when the Contractor can expect a decision.

39.2.5. If the Employer decides not to proceed with the Change for whatever reason, it shall, within the said period of fourteen (14) days, notify the Contractor accordingly. If the Employer and the Contractor cannot reach agreement on the price for the Change, an equitable adjustment to the Time for Completion, or any other matters identified in the Change Proposal, the Employer may nevertheless instruct the Contractor to proceed with the Change by issue of a “Pending Agreement Change Order.” Upon receipt of a Pending Agreement Change Order, the Contractor shall immediately proceed with effecting the Changes covered by such Order. The parties shall thereafter attempt to reach agreement on the outstanding issues under the Change Proposal. If the parties cannot reach agreement within sixty (60) days from the date of issue of the Pending Agreement Change Order, then the matter may be referred to the Expert Committee (EC) in accordance with the provisions of GCC Clause 25.



PAGE NO.315


39.3. Changes Originating from Contractor 39.3.1. If the Contractor proposes a Change pursuant to SCC Sub- Clause 39.1.2, the Contractor

shall submit to the Project Manager a written “Application for Change Proposal,” giving reasons for the proposed Change and including the information specified in SCC Sub-Clause 39.2.1. Upon receipt of the Application for Change Proposal, the parties shall follow the procedures outlined in SCC Sub- Clauses 39.2.4 and 39.2.5.

40. Extension of Time for Completion 40.1. The Time(s) for Completion specified in the SCC shall be extended if the Contractor is

delayed or impeded in the performance of any of its obligations under the Contract by reason of any of the following:

- any Change in the Facilities as provided in SCC Clause 39 (Change in the Facilities) - any occurrence of Force Majeure as provided in SCC Clause 37 (Force Majeure),

unforeseen conditions as provided in SCC Clause 35 (Unforeseen Conditions), or other occurrence of any of the matters specified or referred to in paragraphs (a), (b) and (c) of SCC Sub-Clause 32.2

- any suspension order given by the Employer under SCC Clause 41 (Suspension) hereof or reduction in the rate of progress pursuant to SCC Sub-Clause 41.2 or

- any changes in laws and regulations as provided in SCC Clause 36 (Change in Laws and Regulations) or

- any default or breach of the Contract by the Employer, specifically including failure to supply the items listed in Appendix 6 (Scope of Works and Supply by the Employer) to the Contract Agreement, or any activity, act or omission of any other contractors employed by the Employer

- any other matter specifically mentioned in the Contract; - by such period as shall be fair and reasonable in all the circumstances and as shall fairly

reflect the delay or impediment sustained by the Contractor. 40.2. Except where otherwise specifically provided in the Contract, the Contractor shall submit

to the Project Manager a notice of a claim for an extension of the Time for Completion, together with particulars of the event or circumstance justifying such extension as soon as reasonably practicable after the commencement of such event or circumstance. As soon as reasonably practicable after receipt of such notice and supporting particulars of the claim, the Employer and the Contractor shall agree upon the period of such extension. In the event that the Contractor does not accept the Employer’s estimate of a fair and reasonable time extension, the Contractor shall be entitled to refer the matter to the Expert Committee (EC) in accordance with the provisions of GCC Clause 25.

40.3. The Contractor shall at all times use its reasonable efforts to minimize any delay in the performance of its obligations under the Contract.

40.4. Documents for consideration of Time Extension The Contractor shall be required to attend all weekly site progress review meetings organized by the ‘Project Manager’ or his authorized representative. The deliberations in



PAGE NO.316


the meetings shall inter-alia include the weekly program, progress of work (including details of manpower, tools and plants deployed by the Contractor vis-à-vis agreed schedule), inputs to be provided by Employer, delays, if any and recovery program, specific hindrances to work and work instructions by Employer. The minutes of the weekly meetings shall be recorded in triplicate in a numbered register available with the ‘Project Manager’ or his authorized representative. These recordings shall be jointly signed by the ‘Project Manager’ or his authorized representative and the Contractor and one copy of the signed records shall be handed over to the Contractor. The following documents shall form the principal basis for consideration of Time Extension pursuant to SCC clause 40 with or without LD, levy of liquidated damages pursuant to SCC clause 26 and settlement of extra claims during the execution of contract:

- The joint recordings in the weekly meetings register. - Records of Technical Coordination Meetings. - Records of Contract Review meetings. - Written notices issued by the "Project Manager" or his authorized representative to

Contractor in the relevant period. 41. Suspension 41.1. The Employer/ Project Manager may, by notice to the Contractor, order the Contractor to

suspend performance of any or all of its obligations under the Contract. Such notice shall specify the obligation of which performance is to be suspended, the effective date of the suspension and the reasons therefor. The Contractor shall thereupon suspend performance of such obligation (except those obligations necessary for the care or preservation of the Facilities) until ordered in writing to resume such performance by the Project Manager/ Employer. If, by virtue of a suspension order given by the Project Manager/ Employer, other than by reason of the Contractor’s default or breach of the Contract, the Contractor’s performance of any of its obligations is suspended for an aggregate period of more than ninety (90) days, then at any time thereafter and provided that at that time such performance is still suspended, the Contractor may give a notice to the Project Manager requiring that the Employer shall, within twenty-eight (28) days of receipt of the notice, order the resumption of such performance or request and subsequently order a change in accordance with SCC Clause 39 (Change in the Facilities), excluding the performance of the suspended obligations from the Contract. If the Employer fails to do so within such period, the Contractor may, by a further notice to the Project Manager, elect to treat the suspension, where it affects a part only of the Facilities, as a deletion of such part in accordance with SCC Clause 39 (Change in the Facilities) or, where it affects the whole of the Facilities, as termination of the Contract under SCC Sub-Clause 42.1 (Termination for Employer’s Convenience).

41.2. If a) the Employer has failed to pay the Contractor any sum due under the Contract within

the specified period, has failed to approve any invoice or supporting



PAGE NO.317


documents without just cause pursuant to Appendix 1 (Terms and Procedures of Payment) to the Contract Agreement, or commits a substantial breach of the Contract, the Contractor may give a notice to the Employer that requires payment of such sum, requires approval of such invoice or supporting documents, or specifies the breach and requires the Employer to remedy the same, as the case may be. If the Employer fails to pay such sum, fails to approve such invoice or supporting documents or give its reasons for withholding such approval, or fails to remedy the breach or take steps to remedy the breach within fourteen (14)days after receipt of the Contractor’s notice or

b) the Contractor is unable to carry out any of its obligations under the Contract for any reason attributable to the Employer, including but not limited to the Employer’s failure to provide possession of or access to the Site or other areas in accordance with SCC Sub-Clause 10.2, or failure to obtain any governmental permit necessary for the execution and/or completion of the Facilities; then the Contractor may by fourteen (14) days’ notice to the Employer suspend performance of all or any of its obligations under the Contract, or reduce the rate of progress

41.3. If the Contractor’s performance of its obligations is suspended or the rate of progress is reduced pursuant to this SCC Clause 41, then the Time for Completion shall be extended in accordance with SCC Sub- Clause 40.1, and any and all additional costs or expenses incurred by the Contractor as a result of such suspension or reduction shall be paid by the Employer to the Contractor in addition to the Contract Price, except in the case of suspension order or reduction in the rate of progress by reason of the Contractor’s default or breach of the Contract.

41.4. During the period of suspension, the Contractor shall not remove from the Site any Plant and Equipment, any part of the Facilities or any Contractor’s Equipment, without the prior written consent of the Employer.

42. Termination 42.1. Termination for Employer’s Convenience 42.1.1. The Employer may at any time terminate the Contract for any reason by giving the

Contractor a notice of termination that refers to this SCC Sub-Clause 42.1. 42.1.2. Upon receipt of the notice of termination under SCC Sub- Clause 42.1.1, the Contractor

shall either immediately or upon the date specified in the notice of termination a) cease all further work, except for such work as the Employer may specify in the

notice of termination for the sole purpose of protecting that part of the Facilities already executed, or any work required to leave the Site in a clean and safe condition

b) terminate all subcontracts, except those to be assigned to the Employer pursuant to paragraph (d)(ii) below



PAGE NO.318


c) remove all Contractor’s Equipment from the Site, repatriate the Contractor’s and its Subcontractors’ personnel from the Site, remove from the Site any wreckage, rubbish and debris of any kind, and leave the whole of the Site in a clean and safe condition

d) In addition, the Contractor, subject to the payment specified in SCC Sub-Clause 42.1.3, shall i. deliver to the Employer the parts of the Facilities executed by the Contractor

up to the date of termination ii. to the extent legally possible, assign to the Employer all right, title and benefit

of the Contractor to the Facilities and to the Plant and Equipment as at the date of termination, and, as may be required by the Employer, in any subcontracts concluded between the Contractor and its Subcontractors

iii. deliver to the Employer all non-proprietary drawings, specifications and other documents prepared by the Contractor or its Subcontractors as at the date of termination in connection with the Facilities.

42.1.3. In the event of termination of the Contract under SCC Sub- Clause 42.1.1, the Employer shall pay to the Contractor the following amounts:

a) the Contract Price, properly attributable to the parts of the Facilities executed by the Contractor as of the date of termination

b) the costs reasonably incurred by the Contractor in the removal of the Contractor’s Equipment from the Site and in the repatriation of the Contractor’s and its Subcontractors’ personnel

c) any amounts to be paid by the Contractor to its Subcontractors in connection with the termination of any subcontracts, including any cancellation charges

d) costs incurred by the Contractor in protecting the Facilities and leaving the Site in a clean and safe condition pursuant to paragraph (a) of SCC Sub-Clause 42.1.2

e) the cost of satisfying all other obligations, commitments and claims that the Contractor may in good faith have undertaken with third parties in connection with the Contract and that are not covered by paragraphs (a) through (d) above.

42.2. Termination for Contractor’s Default 42.2.1. The Employer, without prejudice to any other rights or remedies it may possess, may

terminate the Contract forthwith in the following circumstances by giving a notice of termination and its reasons therefor to the Contractor, referring to this SCC Sub- Clause 42.2:

a) if the Contractor becomes bankrupt or insolvent, has a receiving order issued against it, compounds with its creditors, or, if the Contractor is a corporation, a resolution is passed or order is made for its winding up (other than a voluntary liquidation for the purposes of amalgamation or reconstruction), a receiver is appointed over any part of its undertaking or assets, or if the Contractor takes or suffers any other analogous action in consequence of debt

b) if the Contractor assigns or transfers the Contract or any right or interest therein in violation of the provision of SCC Clause 43 (Assignment).



PAGE NO.319


c) if the Contractor, in the judgement of the Employer has engaged in corrupt or fraudulent practices in competing for or in executing the Contract. For the purpose of this Sub-Clause: “corrupt practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution. “fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Employer and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Employer of the benefits of free and open competition.

42.2.2. If the Contractor a) has abandoned or repudiated the Contract b) has without valid reason failed to commence work on the Facilities promptly or

has suspended (other than pursuant to SCC Sub-Clause 41.2) the progress of Contract performance for more than twenty-eight (28) days after receiving a written instruction from the Employer to proceed

c) persistently fails to execute the Contract in accordance with the Contract or persistently neglects to carry out its obligations under the Contract without just cause

d) refuses or is unable to provide sufficient materials, services or labour to execute and complete the Facilities in the manner specified in the program furnished under SCC Clause 18 (Program of Performance) at rates of progress that give reasonable assurance to the Employer that the Contractor can attain Completion of the Facilities by the Time for Completion as extended then the Employer may, without prejudice to any other rights it may possess under the Contract, give a notice to the Contractor stating the nature of the default and requiring the Contractor to remedy the same. If the Contractor fails to remedy or to take steps to remedy the same within fourteen (14) days of its receipt of such notice, then the Employer may terminate the Contract forthwith by giving a notice of termination to the Contractor that refers to this SCC Sub-Clause 42.2.

42.2.3. Upon receipt of the notice of termination under SCC Sub- Clauses 42.2.1 or 42.2.2, the Contractor shall, either immediately or upon such date as is specified in the notice of termination,

a) cease all further work, except for such work as the Employer may specify in the notice of termination for the sole purpose of protecting that part of the Facilities already executed, or any work required to leave the Site in a clean and safe condition

b) terminate all subcontracts, except those to be assigned to the Employer pursuant to paragraph (d) below



PAGE NO.320


c) deliver to the Employer the parts of the Facilities executed by the Contractor up to the date of termination

d) to the extent legally possible, assign to the Employer all right, title and benefit of the Contractor to the Works and to the Plant and Equipment as at the date of termination, and, as may be required by the Employer, in any subcontracts concluded between the Contractor and its Subcontractors

e) deliver to the Employer all drawings, specifications and other documents prepared by the Contractor or its Subcontractors as at the date of termination in connection with the Facilities.

42.2.4. The Employer may enter upon the Site, expel the Contractor, and complete the Facilities itself or by employing any third party. The Employer may, to the exclusion of any right of the Contractor over the same, take over and use with the payment of a fair rental rate to the Contractor, with all the maintenance costs to the account of the Employer and with an indemnification by the Employer for all liability including damage or injury to persons arising out of the Employer’s use of such equipment, any Contractor’s Equipment owned by the Contractor and on the Site in connection with the Facilities for such reasonable period as the Employer considers expedient for the supply and installation of the Facilities. Upon completion of the Facilities or at such earlier date as the Employer thinks appropriate, the Employer shall give notice to the Contractor that such Contractor’s Equipment will be returned to the Contractor at or near the Site and shall return such Contractor’s Equipment to the Contractor in accordance with such notice. The Contractor shall thereafter without delay and at its cost remove or arrange removal of the same from the Site.

42.2.5. Subject to SCC Sub-Clause 42.2.6, the Contractor shall be entitled to be paid the Contract Price attributable to the Facilities executed as at the date of termination, the value of any unused or partially used Plant and Equipment on the Site, and the costs, if any, incurred in protecting the Facilities and in leaving the Site in a clean and safe condition pursuant to paragraph (a) of SCC Sub-Clause 42.2.3. Any sums due to the Employer from the Contractor accruing prior to the date of termination shall be deducted from the amount to be paid to the Contractor under this Contract.

42.2.6. If the Employer completes the Facilities, the cost of completing the Facilities by the Employer shall be determined. If the sum that the Contractor is entitled to be paid, pursuant to SCC Sub-Clause 42.2.5, plus the reasonable costs incurred by the Employer in completing the Facilities, exceeds the Contract Price, the Contractor shall be liable for such excess. If such excess is greater than the sums due to the Contractor under SCC Sub-Clause 42.2.5, the Contractor shall pay the balance to the Employer, and if such excess is less than the sums due to the Contractor under SCC Sub-Clause 42.2.5, the Employer shall pay the balance to the Contractor. The Employer and the Contractor shall agree, in writing, on the computation described above and the manner in which any sums shall be paid.



PAGE NO. 321


42.3. Termination by Contractor 42.3.1. If

a) the Employer has failed to pay the Contractor any sum due under the Contract within the specified period, has failed to approve any invoice or supporting documents without just cause pursuant to Appendix 1 (Terms and Procedures of Payment) of the Contract Agreement, or commits a substantial breach of the Contract, the Contractor may give a notice to the Employer that requires payment of such sum, requires approval of such invoice or supporting documents, or specifies the breach and requires the Employer to remedy the same, as the case may be. If the Employer fails to pay such sum, fails to approve such invoice or supporting documents or give its reasons for withholding such approval, fails to remedy the breach or take steps to remedy the breach within fourteen (14) days after receipt of the Contractor’s notice, or

b) the Contractor is unable to carry out any of its obligations under the Contract for any reason attributable to the Employer, including but not limited to the Employer’s failure to provide possession of or access to the Site or other areas or failure to obtain any governmental permit necessary for the execution and/or completion of the Facilities which the Employer is required to obtain as per provision of the Contract or as per relevant applicable laws of the country, then the Contractor may give a notice to the Employer thereof, and if the Employer has failed to pay the outstanding sum, to approve the invoice or supporting documents, to give its reasons for withholding such approval, or to remedy the breach within twenty-eight (28) days of such notice, or if the Contractor is still unable to carry out any of its obligations under the Contract for any reason attributable to the Employer within twenty-eight (28) days of the said notice, the Contractor may by a further notice to the Employer referring to this SCC Sub-Clause 42.3.1, forthwith terminate the Contract.

42.3.2. The Contractor may terminate the Contract forthwith by giving a notice to the Employer to that effect, referring to this SCC Sub-Clause 42.3.2, if the Employer becomes bankrupt or insolvent, has a receiving order issued against it, compounds with its creditors, or, being a corporation, if a resolution is passed or order is made for its winding up (other than a voluntary liquidation for the purposes of amalgamation or reconstruction), a receiver is appointed over any part of its undertaking or assets, or if the Employer takes or suffers any other analogous action in consequence of debt.

42.3.3. If the Contract is terminated under SCC Sub-Clauses 42.3.1 or42.3.2, then the Contractor shall immediately

a) cease all further work, except for such work as may be necessary for the purpose of protecting that part of the Facilities already executed, or any work required to leave the Site in a clean and safe condition

b) terminate all subcontracts, except those to be assigned to the Employer pursuant to paragraph (d)(ii)



PAGE NO.322


c) remove all Contractor’s Equipment from the Site and repatriate the Contractor’s and its Subcontractor’s personnel from the Site

d) In addition, the Contractor, subject to the payment specified in SCC Sub- Clause 42.3.4, shall

i. deliver to the Employer the parts of the Facilities executed by the Contractor up to the date of termination

ii. to the extent legally possible, assign to the Employer all right, title and benefit of the Contractor to the Facilities and to the Plant and Equipment as of the date of termination, and, as may be required by the Employer, in any subcontracts concluded between the Contractor and its Subcontractors

iii. deliver to the Employer all drawings, specifications and other documents prepared by the Contractor or its Subcontractors as of the date of termination in connection with the Facilities.

42.3.4. If the Contract is terminated under SCC Sub-Clauses 42.3.1 or 42.3.2, the Employer shall pay to the Contractor all payments specified in SCC Sub-Clause 42.1.3 and reason-able compensation for all loss or damage sustained by the Contractor arising out of, in connection with or in consequence of such termination.

42.3.5. Termination by the Contractor pursuant to this SCC Sub- Clause 42.3 is without prejudice to any other rights or remedies of the Contractor that may be exercised in lieu of or in addition to rights conferred by SCC Sub-Clause 42.3.

42.3.6. In this SCC Clause 42, the expression “Facilities executed” shall include all work executed, Installation Services provided, any or all Plant and Equipment acquired (or subject to a legally binding obligation to purchase) by the Contractor and used or intended to be used for the purpose of the Facilities, up to and including the date of termination.

42.3.7. In this SCC Clause 42, in calculating any monies due from the Employer to the Contractor, account shall be taken of any sum previously paid by the Employer to the Contractor under the Contract, including any advance payment paid pursuant to Appendix 1 (Terms and Procedures of Payment) to the Contract Agreement.

43. Assignment 43.1. The Contractor shall not, without the express prior written consent of the Employer, assign

to any third party the Contract or any part thereof, or any right, benefit, obligation or interest therein or thereunder, except that the Contractor shall be entitled to assign either absolutely or by way of charge any monies due and payable to it or that may become due and payable to it under the Contract.

44. Bankruptcy 44.1. If the Contractor shall become bankrupt or have a receiving order made against him or

compound with his creditors, or being a corporation commence to be wound up, not being a voluntary winding up for the purpose only of amalgamation / reconstruction, or carry on its business under a receiver for the benefit of its creditors or any of them, the Owner will be at liberty:



PAGE NO.323


a) to terminate the contract forthwith by notice in writing to the liquidator or receiver or to any person in whom the contract may become vested & to act in the manner provided in SCC clause 42 entitled "Termination" as though the last mentioned notice has been the notice referred to in such clause and the equipment and materials have been taken out of the contractor's hands.

b) to give such liquidator, receiver or other person, the option of carrying out the contract subject to his providing a guarantee, for the due and faithful performance of the contract up to an amount to be determined by the Owner.

45. Contract performance & Feedback and Evaluation System Not Used

46. Fraud Prevention Policy Not Used

47. AMC of Critical Equipment for Stipulated Duration during O&M Period The Contractor shall furnish undertaking jointly executed by itself and its vendor for Annual Maintenance Contract of critical equipment for stipulated duration during O&M period as specified in the Technical Specification. Proforma for the Joint Undertaking for AMC of critical Equipment for Stipulated Duration during O&M Period for Invertor /SCADA/Tracker is enclosed under/ Section-VII (Forms and Procedures). Bidders to note that separate Joint undertaking is required to be furnished for aforesaid equipment. The Joint Undertaking shall be submitted during O&M Contract. Deleted

48. No Claim for interest or damage 48.1 Interest on money due to the contractor:

No omission on the part of the Employer to pay the amount due upon measurement or otherwise shall vitiate or make void the contract, nor shall the contractor be entitled to interest upon any guarantee/security/retention money or payments in arrears nor upon any balance which may on the final settlement of his account be due to him.

48.2 No claim for interest or damage: No claim for interest or damage will be entertained or be payable by the Employer in respect of any amount or balance which may be lying with the Employer or may become due upon settlement/adjudication of any dispute, difference or misunderstanding between the parties by way of arbitration or court proceedings or otherwise or in respect of any delay or omission on the part of the Employer in making intermediate or final payment or in respect of any amount/damage which may be claimed through arbitration or court proceedings or in any other respect whatsoever.

49. Certificates The contractor shall provide certificates from module manufacture and cell manufacturer regarding meeting of DCR norms as per the Performa provided in Section-VII (Book 3 of 3).



PAGE NO.324


Annexure-I LIST OF BANKS ACCEPTABLE FOR SUBMISSION OF BANK GUARANTEE FOR

ADVANCE/SECURITY DEPOSIT TO BE FURNISHED BY BIDDER/CONTRACTOR CAN BE ACCEPTED

A. SCHEDULED COMMERCIAL BANKS 1. State Bank of India B. SCHEDULED COMMERCIAL BANKS 1. Allahabad Bank 2. Andhra Bank 3. Bank of India 4. Bank of Maharashtra 5. Canara Bank 6. Central Bank of India 7. Dena Bank 8. Indian Bank 9. Indian Overseas Bank 10. Oriental Bank of Commerce 11. Punjab National Bank 12. Punjab & Sind Bank 13. Syndicate Bank 14. Union Bank of India 15. United Bank of India 16. UCO Bank 17. Vijaya Bank 18. Bank of Baroda C. SCHEDULED PRIVATE BANKS (INDIAN BANKS) 1. Catholic Syrian Bank 2. City Union Bank 3. Dhanlaxmi Bank Ltd. 4. Federal Bank Ltd. 5. Jammu & Kashmir Bank Ltd. 6. Karnataka Bank Ltd. 7. Karur Vysya Bank Ltd. 8. Lakshmi Vilas Bank Ltd. 9. Nainital Bank Ltd. 10. Kotak Mahindra Bank



PAGE NO.325


11. RBL Bank Ltd. 12. South Indian Bank Ltd. 13. Tamil Nadu Mercantile Bank Ltd. 14. ING Vysya Bank Ltd. 15. Axis Bank Ltd. 16. IndusInd Bank Ltd. 17. ICICI Bank 18. HDFC Bank Ltd. 19. DCB Bank Ltd. 20. Yes Bank Ltd. 21. IDFC Bank Limited 22. Bandhan Bank Limited

326

BIDDING DOCUMENTS

FOR

DEVELOPMENT OF GRID CONNECTED SOLAR PV PROJECT(S) (UPTO 210 MW CAPACITY) ON

VACANT RAILWAY LAND SECTION – VII BOOK 1 OF 3

BIDDING DOCUMENT NO. :REMCL/CO/SOLAR/210 MW/CAPEX/2021

327

TABLE OF FORMS AND PROCEDURES

Sl.. No. Description


(b) Section-VII (Book 2 of 3) Bid Form & Attachments along with Price Schedules (Price Bid)






6. (a) Bank Guarantee Form for Advance Payment for Supply of Plant and Equipment

(b) Bank Guarantee Form for Advance Payment for Installation Services








14. Form of Indemnity-Cum-Undertaking Agreement regarding removal/disposal of scrap and surplus material

15. Form of Bank Guarantee by Associate/Collaborator – Not Applicable –


17. Form of Joint Deed of Undertaking – Not Applicable –


19. Bank Guarantee Form for Quoted Generation in excess of threshold generation – Not Applicable –

20. Joint Undertaking for AMC of Critical Equipment for Stipulated Duration during O&M Period

21. Certificate from Module Manufacturer & Cell Manufacturer Regarding Meeting DCR Norms.

328

DEVELOPMENT OF GRID CONNECTED SOLAR PV PROJECT(S) (UPTO 210 MW CAPACITY) ON VACENT RAILWAY LAND


C AUTION LIST

(Bidder may take note of the following points while submitting its bid)

• BIDDERS ARE REQUIRED TO FURNISH REQUISITE DETAILS IN THE FORMATS SPECIFIED IN THE BIDDING DOCUMENTS FOR MEETING THE STIPULATED QUALIFYING REQUIREMENTS (QR) ALONG WITH ALL SUPPORTING DOCUMENTS LIKE COPIES OF CLIENT’S CERTIFICATES, WORK ORDER AND CONTRACT AGREEMENTS ETC.

• IN CASE OF EXTENSION OF TECHNO-COMMERCIAL BID OPENING DATE, BIDDER TO FURNISH AUDITED ANNUAL REPORTS ALONG WITH THEIR BID AS PER EXTENDED DATE OF TECHNO-COMMERCIAL BID OPENING TO MEET THE STIPULATED FINANCIAL QR CRITERIA.

• POWER OF ATTORNEY DULY NOTARIZED BY A NOTARY PUBLIC INDICATING THAT THE PERSON SIGNING THE BID HAS THE AUTHORITY TO SIGN THE BID AND THE BID IS BINDING UPON THE BIDDER DURING THE FULL PERIOD OF ITS VALIDITY BACKED BY A COPY OF BOARD RESOLUTION/ OTHER RELEVENT DOCUMENTS TO DEMONSTRATE THE AUTHORITY OF THE PERSON ISSUING THE POWER OF ATTORNEY. TO BE FURNISHED IN PHYSICAL FORM BEFORE THE SUBMISSION CLOSING DATE AND TIME OF THE BID.

• POWER OF ATTORNEY TO THE AUTHORISED SIGNATORY OF THE BIDDER FOR SIGNING OF BID TO BE SUBMITTED IN PHYSICAL FORM BEFORE THE SUBMISSION CLOSING DATE AND TIME OF THE BID AND SHOULD BE DATED NOT LATER THAN THE DATE OF SIGNING THE BID.

• BIDDER TO ENSURE THAT BID SECURITY / INTEGRITY PACT TO BE SUBMITTED IN ORIGINAL STRICTLY AS PER SPECIFIED FORMATS DULY SIGNED IN ORIGINAL BY AUTHORISED SIGNATORY AND STAMPED ON EACH PAGE SCANNED/PHOTOCOPY OF THESE ORIGINAL DOCUMENTS WITHOUT SIGNATURE IN ORIGINAL SHALL NOT BE ACCEPTABLE AND SHALL BE SUMMARILY REJECTED.

• DATE OF PURCHASE OF STAMP PAPER OF INSTRUMENTS LIKE BID SECURITY ETC. SHOULD BE ON OR BEFORE THE DATE OF EXECUTION OF SUCH INSTRUMENTS.

329

BID FORM (ENVELOPE-I) (TECHNO-COMMERCIAL BID)

330

BID FORM PAGE 1 OF 5

BID FORM (Techno-Commercial Bid)

Bidder Proposal Ref. No.:

NAME OF CONTRACT: DEVELOPMENT OF GRID PROJECT(S) (UPTO 210 MW SCHEME PHASE-II

CONNECTED SOLAR PV CAPACITY) ON VACANT RAILWAY LAND

BID DOCUMENT NO. : REMCL/CO/SOLAR/2021/CAPEX

To, Chief Executive Office REMC Ltd., Ground Floor, Central Wing, RITES Bhawan , Plot No. 1, Sector-29, Gurgaon – 122001 Email: [email protected]

Gentlemen and/or Ladies,

1.0 Having examined the Bidding Documents No. REMCL/CO/SOLAR/2021/CAPEX, including subsequent amendments and clarifications if any, the receipt of which is hereby acknowledged, we the undersigned, offer to design, manufacture, test, deliver, install and commission (including carrying out Guarantee Test) the facilities under the above-named Contract in full conformity with the said Bidding Documents and hereby furnish our Techno-Commercial Bid.

2.0 Attachments to the Techno Commercial Bid form:

In line with the requirement of the Bidding Documents we enclose herewith the following Attachments to the Bid Form:

(a) *Attachment 1: Bid Security in the form of (Please fill in the alternative chosen) for a sum of INR ................ (Indian Rupees ..................... ) in figures and Words) valid for a period of 315 days from the date set for opening of Techno-Commercial bids. As required, the Attachment-1 (i.e. Bid Security) has been furnished in a separate sealed envelope.

(a1) Attachment 1A Total Capacity of the Project Quoted by Bidder

Bidder shall indicate the total project capacity quoted by them.

(b) *Attachment 2: A power of attorney duly authorized by a Notary Public indicating that the person(s) signing the bid has/have the authority to sign the bid and thus that the bid is binding upon us during the full period of its validity in accordance with the ITB Clause No.13.

To be submitted in physical form in a separate sealed envelope(s).


331


(c) Not Used

(d) Attachment 4: The documentary evidence establishing in accordance with ITB Clause 2 that the facilities offered by us are eligible facilities and conform to the Bidding Documents has been furnished as Attachment 4.

(e) Attachment 4A: A list of Special Tools & Tackles to be furnished by us, the cost of w which

i s included in our Bid Price, is enclosed as per your format as Attachment 4A

(f) Attachment 5: The details of all major items of services or supply which we propose subletting giving details of the name and nationality of the proposed sub-contractors/sub- vendors for each item.

(g )Attachment 6: -- Not Applicable --

(h) Attachment 7: – Not Applicable –

(i) Attachment 8: Schedule of Erection Tools & Equipment and Safety Equipments & Safety Personal Protective Equipments which we propose to bring to site in case the Contract is awarded to us.

(j) Attachment 9: T echnical Data Sheets duly filled in as per the Employer’s format, e nclosed with the bidding documents.

(k) Attachment 10: Details of Bought Out Items (without value) to be directly dispatched by our Sub-contractor(s)/Sub-Vendor(s) to your site.

(l) Attachment 11: Quality Assurance Programme containing the overall quality management & procedures which we propose to follow during various phases of execution of the Contract.

(m) Attachment 12: Additional Information provided by us.

(n) Attachment 13: Milestone schedule along with master network showing the timing and sequence of all key activities necessary for successful completion of the contracts.

(o) Attachment 14: Electronic Fund Transfer (EFT) Form duly filled in as per your format enclosed in Bidding Documents.

(p) Attachment 15: Form of Acceptance of ‘Fraud Prevention Policy’ regarding abiding by Fraud Prevention Policy of Employer provided at Clause 36.0 of ITB duly filled in as per your format enclosed in the bidding documents.

(q) *Attachment 16: Integrity Pact (IP) duly signed by us have been submitted in physical form in a separate envelope along with the Bid Security.- To be developed as REMCL Bid Processor & Employer

(r) Attachment 17: Declaration on Policy for withholding and Banning of Business Dealings duly filled in as per your format

332


(s) Attachment 18: Information regarding Safety Management

(t) Attachment 19: Declaration for fulfillment of Domestic Content Requirement Clause duly filled in as per Employer’s format. (u) Attachment 20: Declaration as per Annexure-II to IFB.

3.0 CONSTRUCTION OF THE CONTRACT

3.1 We declare that we have studied SCC Clause 3.6 relating to mode of contracting and we are making this proposal with a stipulation that you shall award us three(03) separate Contracts/Letter of Authorization for Land use viz. 'First Contract' for Ex-Works (India) supply of all Plant and Equipment including Mandatory Spares and 'Second Contract' for providing all the services i.e., loading, inland transportation for delivery at site, unloading, storage, handling at site, installation, testing & commissioning including performance testing in respect of all the Plant and Equipment supplied under the 'First Contract' and Civil works, Operation & Maintenance (O & M) for Ten (10) years & all other services as specified in the Contract Documents and 'Third part i.e. Letter of Authorization for Land use including developed infrastructure (if any). We declare that the award of three (03) separate Contracts/ Authorisation letter will not in any way dilute our responsibility for successful operation of plant and equipment and fulfillment of all the obligations as per Bidding Documents and that all the three Contracts/ Authorisation letter will have crossfall breach clause i.e. a breach in one Contract/ Authorisation letter will automatically be construed as breach of all the other Contracts/ Authorisation letter which will confer on you the right to terminate the other Contracts/ Authorisation letter also at our risk and cost.

4.0 COMPLIANCE TO THE PROVISION OF THE BIDDING DOCUMENTS

4.1 We have read all the provision of the Bidding Documents and confirm that

notwithstanding anything stated elsewhere in our bid to the contrary, the provisions of the Bidding Documents are acceptable to us and we further confirm that we have not taken any deviation to provision of the Bidding Documents anywhere in our bid.

We certify our compliance to the provisions of the Bidding Documents and its subsequent Amendment(s) /Clarification(s)/Addenda/Errata.

This shall be considered as our confirmation that any deviation, variation or additional condition etc. or any mention, contrary to the provisions of Bidding Documents and its subsequent Amendment(s)/ Clarification(s) /Addenda/Errata (if any) found anywhere in our bid proposal implicit or explicit shall stand unconditionally withdrawn, without any cost implication whatsoever to the Employer, failing which our bid security shall be forfeited.

4.2 We further declare that additional conditions, variations, deviations to the provisions of

Bidding Documents and its subsequent Amendments/Clarifications/Addenda/Errata, if any, found in our bid, shall not be given effect to.


4.3 We certify our compliance on “Qualifying Requirements” stipulated in Bid document.

4.4 We hereby confirm that details quoted by us in relevant Attachment[ i.e. Attachment No-3 A] of the bid, for establishing compliance to the specified Qualifying Requirement(QR), are not more than numbers permitted as per relevant provisions of Section-III, BDS. We also confirm that the reference Plants declared more than specified No. in BDS shall not be considered for evaluation / establishing compliance to Qualifying Requirement (QR) as brought an Attachment-3A.

We further confirm that no change or substitution in respect of reference Plants, as specified in our bid, by new/additional plant for meeting the specified Qualifying Requirement (QR) shall be offered by us.

5.0 We undertake, if our bid is accepted, to commence work on the Facilities immediately upon

your Notification of Award to us and to achieve Completion of Facilities and conduct Guarantee Tests within the time specified in the Bidding Documents.

6.0 If our bid is accepted, we undertake to provide Advance Payment Security, Contract

Performance Securities including that our collaborator(s)/associate(s) (if applicable) and securities for Deed(s) of Joint Undertaking (as applicable) and other Securities in the form and amounts and within the times specified in the Bidding Documents.

7.0 We agree to abide by our this Techno-Commercial bid including the Price Bid after

reverse auction during the period of its original validity and any extension subsequently granted pursuant to ITB Clause 13.2 for a period 270 days from the date of opening of Techno-Commercial Bids as stipulated in the Bidding Documents, unless extended by us on your request and it shall remain binding upon us and may be accepted by you at any time before expiration of that period.

8.0 Until a formal Contract is prepared and executed between us, this bid, together with your

written acceptance thereof in the form of your Notification of Award shall constitute a binding contract between us.

9.0 We understand that you are not bound to accept our bid or any other bid you may receive.

10.0 We, hereby, declare that only the persons or firms interested in this proposal as

principals are named here and that no other persons or firms other than those mentioned herein have any interest in this proposal or in the Contract to be entered into, if the award is made on us, that this proposal is made without any connection with any other person, firm or party likewise submitting a proposal, is in all respects for and in good faith, without collusion or fraud.

Dated this...........................day of..........................20...................

Thanking you, we remain,


Yours faithfully,

Date : (Signature).............................

Place : (Printed Name).......................

(Designation) ....................... (Common Sea).......................

Business Address: Email id: Mobile No.:

Fax No.: Phone No.

Note: 1. Bidders may note that no prescribed proforma has been enclosed for:

(a) Attachment 2 (Power of Attorney) (b) Attachment 4, (For documentary evidence establishing that the facilities offered are

eligible facility and conform to bidding documents.). (c) For Attachments 2 and 4, Bidders may use their own proforma for furnishing the required

information with the Bid

. ATTACHMENT – 1

PAGE 1 OF 1


BID DOCUMENT NO. : REMCL/CO/SOLAR/210 MW/CAPEX/2021

BID SECURITY (Submitted offline)

BIDDER TO FURNISH BID SECURITY IN LINE WITH ITB CLAUSE 12.0 AND AS PER FORMAT GIVEN AT FORM 2 OF SECTION-VII (FORMS & PROCEDURES)

ATTACHMENT – 1A PAGE 1 OF 1



S ummary of the Offered capacity Package wise

(The bidder to fill the information in below table based on the

packages and their respective capacities for which it is bidding. Bidders to refer the detail site information and capacity break up as given in Annex I of IFB)

Name of Package

Offered Capacity for the packages as per the Specified Quantum in Annexure-I of IFB

Total Capacity in MW

ATTACHMENT – 2 PAGE 1 OF 1

DEVELOPMENT OF GRID CONNECTED SOLAR PV PROJECT(S) (UPTO 210 MW CAPACITY) ON VACENT RAILWAY LAND


BIDDER TO ATTACH THE POWER OF ATTORNEY IN ACCORDANCE WITH CLAUSE 8.2.4 (b) of ITB

(BOARD RESOLUTION IN FAVOUR OF AUTHORIZED SIGNATORY ALSO ENCLOSED)

ATTACHMENT – 4

PAGE 1 OF 1



BIDDER TO ATTACH DOCUMENTARY EVIDENCE ESTABLISHING IN ACCORDANCE WITH CL. NO. 8.2.4 (d) OF ITB THAT THE FACILITIES OFFERED ARE ELIGIBLE FACILITIES AND CONFORM TO THE BIDDING DOCUMENTS.

ATTACHMENT - 4A PAGE 1 OF 1



(NOT APPLICABLE)




Details of Proposed Sub-Contractors/Sub-Vendors

The details of all items of services or supply which we propose to sublet, giving details of the name and nationality of the proposed Sub-Contractor/Sub Vendor for each item are given below: -

Sl.No. Supply/Service Unit Quantity Name, Address & Nationality of Proposed Sub- Contractor/ Sub-Vendor

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

Note : 1. Continuation sheets of like size and format may be used as per Bidder's requirement and shall be annexed to this Attachment.

2. Bidder shall attach letters of intent with the sub-contractors/sub-vendors so as to

confirm their participation.




(NOT APPLICABLE)

ATTACHMENT – 7

PAGE 1 OF 1



NOT APPLICABLE


DEVELOPMENT OF GRID CONNECTED SOLAR PV PROJECT(S) (UPTO 210 MW

CAPACITY) ON VACANT RAILWAY LAND BID DOCUMENT NO. : REMCL/CO/SOLAR/210 MW/CAPEX/2021

Schedule of Erection Tools & Equipment and Safety Equipments & Safety Personal

Protective Equipments

A. We indicate herein below the erection tools & equipment we have in our possession and the tools & equipment we propose to bring to the Site under the Package, in case the contract is awarded to us.

Sl. No.

Type and Description of the Equipment

Number the Bidder has in Possession

Number the Bidder proposes to bring to the site

1. 2.

3.

4.

5. 6.

7.

8.

9.

10. 11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22. 23.

24.

25.

26. 27.

28.

29.

30. 31.

25

ATTACHMENT – 8

PAGE 2 OF 2 32.

33. 34.

35.

36.

37. 38.

39.

40.

41.

42.

B. Safety Equipment & Safety Personal Protective Equipments

We hereby confirm that the quantity and type of Certain tools and plant & equipment, we will employ for construction/erection, will not be less than those listed above and agree to bring more tools & plant and equipment, if so warranted, in the opinion of the Project Manager. Our proposed construction/erection tools & plants and equipment utilisation plan indicating utilisation dates and time duration of all major erection and construction tools & plant and equipment placed on site is enclosed at Annexure to this attachment.

Note : Continuation sheets of like size and format may be used as per Bidder's requirements and shall be annexed to this Attachment.

26

ATTACHMENT - 9 PAGE 1 OF 1




TECHNICAL DATA SHEET (Submission of Solar Plant Technical Details)

Dear Sirs,

We hereby furnish the following details regarding the Solar PV plant:

S.No. Description Bidder’s Input Location 1

Bidder’s Input Location ‘n’

1. Grid Connection (STU/Discom substation)

Name of primary STU/Discom substation

STU/Discom substation (if applicable)

Voltage Rating & capacity of each STU/Discom substation

Distance from Solar Plant switchyard for each STU/Discom SS

2. Details of Transmission system

Voltage level of transmission lines

If existing transmission line is used, existing capacity and line description be mentioned

(#) The figure to be filled for all the column. The extreme right Column, ∑N should be algebraic sum of the particulars of each locations of a package.

We confirm that: (1) The aforesaid details shall be as per specification. Bidder to quote details of multiple locations of a package in separate columns as in table. Monthly Generation shall be submitted separately. Quoted Annual Generation shall be fixed during entire bidding process including Reverse Auction (RA) for the respective bidder.

(2) For bid evaluation, details of transmission line length and number of bays of primary STU/ DISCOM Substation shall only be considered.

(3) In case of any discrepancy between figures and words, quoted annual generation indicated in words shall prevail.

(Signature)…………………………………………….. (Printed Name)………………………………………. (Designation)…………………………………………… (Common Seal)…………………………………………

346




BOUGHT OUT ITEMS TO BE DIRECTLY DESPATCHED BY SUB-VENDORS TO SITE

We declare that the following are the details of equipment & materials including mandatory spares to be directly dispatched from the works of our sub-contractor/sub-vendor to Project Site.

Sl. No. Description of Equipment/ Material Weight/Qty. (Tonnes)/ (Nos.)

1.

2.

3.

4. 5.

6.

7.

8.

9.

10. 11.

12.

13.

14.

15.

16.

Note : 1. Continuation sheets of like size and format, may be used as per Bidder's

requirement and shall be annexed to this Attachment.

347


DEVELOPMENT OF GRID CONNECTED SOLAR PV PROJECT(S) (UPTO 210 MW CAPACITY) ON VACANT RAILWAY LAND BID DOCUMENT NO. :

REMCL/CO/SOLAR/210 MW/CAPEX/2021 9

Information regarding Quality Assurance Programme

We hereby provide the necessary information on Quality Assurance Programme containing the overall Quality Management and procedures, which we propose to follow during various phases of execution of the Contract.

Note: Continuation sheets of like size and format, may be used as per Bidder's requirement and shall be annexed to this Attachment.

348

ATTACHMENT - 12 Page 1 of 1

DEVELOPMENT OF GRID CONNECTED SOLAR PV PROJECT(S)

(UPTO 210 MW CAPACITY) ON VACANT RAILWAY LAND BID DOCUMENT NO. : REMCL/CO/SOLAR/210 MW/CAPEX/2021

Additional Information included with the proposal

Sl. No.

Description of Information Reference to Bidding documents

Reference to Bid Proposal

1.

2.

3. 4.

5.

6.

7.

8.

9.

10. 11.

12.

13.

14.

15.

16. 17.

18.

19.

20.

21.

22. 23.

24.

25.

26.

27.

28.

29.

Note : Continuation sheets of like size and format may be used as per Bidder's requirements and annexed to this Attachment.

349




MILESTONE SCHEDULE

We hereby confirm the acceptance to the time schedule (17 Months for completion of facilities) for the subject package as specified in the bidding documents. Further, we confirm that we shall adhere with the time schedule for the subject package as specified in the bidding documents.

Further, we confirm to carry out comprehensive Operation & Maintenance (O&M) of Solar Photo Voltaic Plant for ten (10) years as specified in the Technical Specifications.

350

ATTACHMENT-14 PAGE 1 OF 3


REMCL/CO/SOLAR/210 MW/CAPEX/2021

(ELECTRONIC FUND TRANSFER)

Bidder's Name & Address :……………………………………

To,

Chief Executive Officer REMC Ltd., Ground Floor, Central Wing, RITES Bhawan , Plot No. 1, Sector-29, Gurgaon – 122001 Email: [email protected]

Dear Sirs,

We, hereby authorise the Employer to make all our payments through Electronic Fund Transfer System. The details for facilitating the payments are given below :

(TO BE FILLED IN CAPITAL LETTERS) 1. NAME OF THE BENEFICIARY

2. ADDRESS

PIN CODE

3. TELEPHONE NO. (WITH STD CODE)

4. BANK PARTICULARS (A) BANK NAME

(B) BANK TELEPHONE NO. (WITH STD CODE)

DATE: ……. SIGNATURE: ……………..


351

PAGE 2 OF 3 (C) BRANCH ADDRESS

PIN CODE

(D) BANK FAX NO (WITH STD CODE)

(E) BRANCH CODE

(F) 9 DIGIT MICR CODE OF THE BANK BRANCH (ENCLOSE COPY OF A CANCELLED CHEQUE)

(G) IFSC Code OF THE BANK BRANCH

(H) BANK ACCOUNT NUMBER

(I) BANK ACCOUNT TYPE (TICK ONE)

SAVING CURRENT LOAN CASH CREDIT OTHERS

IF OTHERS, SPECIFY

5. PERMANENT ACCOUNT NUMBER (PAN)

6. E-MAIL ADDRESS FOR INTIMATION REGARDING RELEASE OF PAYMENTS

DATE: ……. SIGNATURE: ……………..

352


I/We hereby declare that the particulars given above are correct and complete. If the transaction is delayed or credit is not affected at all for reasons of incomplete or incorrect information, I/We would not hold the Employer responsible.

DATE

Name:

SIGNATURE (AUTHORISED SIGNATORY)

OFFICIAL STAMP

BANK CERTIFICATION: It is certified that above mentioned beneficiary holds a bank account no. .............................

with our branch and the Bank particulars mentioned above are correct.

DATE

Name:

SIGNATURE

AUTHORISED SIGNATORY)

Authorization No. :

OFFICIAL STAMP

353

ATTACHMENT - 15 PAGE 1 OF 1



FRAUD PREVENTION POLICY

TO BE ACCEPTED IN ATTRIBUTE IN GENERAL DATA

We have read the Contents of the Fraud Prevention Policy of Employer provided at Clause 36 of ITB and undertake that the along with our Associate/Collaborator/Sub-Contractors/Sub- Vendors/Consultants/Service Providers shall strictly abide by the Provisions of the Fraud Prevention Policy of Employer.

354




I NTEGRITY PACT Between

…………………..( REMC Limited, (a JV of Indian Railways & RITES Ltd) ……………………………………….. hereinafter called the “Employer” AND ………………………...( Name of EPC Contractor )) hereinafter referred to as "The Bidder/Contractor"

Preamble The Employer intends to award, under laid down organizational procedures, contract/s for…………………….( name of work) The Employer values full compliance with all relevant laws and regulations, and economic use of resources, and of fairness and transparency in his relations with the Bidder/s and/or contractor/s. In order to achieve these goals, the Employer will appoint an Independent External Monitor (IEM) who will monitor the Tender process and execution of the contract for compliance with the principles mentioned above.

Section 1 – Commitments of the Employer

(1) The Employer commits himself to take all measures necessary to prevent corruption and to observe the following principles: - 1. No employee of the Employer, personally or through family members, will in

connection with the tender or for the execution of the contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to.

2. The Employer will, during the tender process, treat all Bidders with equity and reason. The Employer will in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential/additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution.

3. The Employer will exclude from the process all known prejudiced persons.

(2) If the Employer obtains information on the conduct of any of his employees which is a criminal offence under the IPC (Indian Penal Code)/PC (Prevention of Corruption) Act, or if there be a substantive suspicion in this regard, the Employer will inform its Chief Vigilance Officer and in addition can initiate disciplinary action.

Section 2 – Commitments of the Bidder/Contractor

(1) The Bidder/Contractor commits himself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution.

355

1. The Bidder/Contractor will not directly or through any other person or firm, offer, promise or give to any of the Employer’s employees involved in the tender process or the execution of the contract or to any third person any material or other benefit which he is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract.

2. The Bidder/Contractor will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions, to restrict competitiveness or to introduce cartelization in the bidding process.

3. The Bidder/Contractor will not commit any offence under the relevant IPC/PC Act; further the Bidder/Contractor will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Employer as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

4. The Bidder/Contractor will, when presenting his bid, disclose any and all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

(2) The Bidder/ Contractor will not instigate third persons to commit offences outlined above or be an accessory to such offences.

Section 3 – Disqualification from tender process and exclusion from future contracts

If the Bidder/Contractor, before award or during execution has committed a transgression through a violation of Section 2 above, or in any other form such as to put his reliability or credibility in question, the Employer is entitled to disqualify the Bidder/Contractor from the tender process or take action as per the procedure mentioned in the extant "Guideline on Banning of Business Dealing"

Section 4 – Compensation for Damages

(1) If the Employer has disqualified in terms of the provisions in Section 3, the

Bidder/Contractor from the tender process prior to the award of contract, the Employer is entitled to demand and recover the damages equivalent to Earnest Money Deposit/Bid Security.

(2) If the Employer has terminated the contract during execution in terms of the provisions under Section 3, the Employer shall be entitled to demand and recover from the Contractor the damages equivalent to Earnest Money Deposit, Security Deposits already recovered and Performance Guarantee, which shall be absolutely at the disposal of the Employer.

356

Section - 5 Previous transgression

(1) The Bidder/Contractor declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the Anti-Corruption approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder/Contractor makes incorrect statement on this subject, he can be disqualified from the tender process or action can be taken as per the procedure mentioned in "Guideline on Banning of Business Dealing".

Section - 6 Equal treatment of all Bidders/Contractors/Sub-Contractors

(1) The Bidder/Contractor undertakes to demand from all partners/sub-contractors (if

permitted under the conditions/clauses of the contract) a commitment to act in conformity with this Integrity Pact and to submit it to the Employer before signing the contract.

(2) The Bidder/Contractor confirms that any violation by any of his partners/subcontractors to act in conformity with the provisions of this Integrity Pact can be construed as a violation by the Bidder/Contractor himself, leading to possible Termination of Contract in terms of Section 4.

(3) The Employer will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions.

Section 7- Criminal charges against violating Bidders/Contractors/Sub-Contractors

If the Employer obtains knowledge of conduct of a Bidder, Contractor or Partners/Sub- Contractor, or of an employee or a representative or an associate of a Bidder, Contractor or Sub- Contractor, which constitutes corruption, or if the Employer has substantive suspicion in this regard, the Employer will inform the same to its Chief Vigilance Officer.

Section -8 Independent External Monitor/Monitors

(1) The Employer shall appoint competent and credible Independent External Monitor

for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and will perform his functions neutrally and independently. He will report to the …………( CEO/ REMCL) .

(3) The Bidder/Contractor accepts that the Monitor has the right of access without restriction to all Project documentation of the Employer including that provided by the Contractor. The Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Partners/Sub-Contractors. The Monitor is

357

under contractual obligation to treat the information and documents of the Bidder/Contractor/Partners/Sub-Contractor with confidentiality.

(4) The Employer will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Employer and the Contractor. The parties offer to the Monitor the option to participate in such meetings.

(5) As soon as the Monitor notices or has reason to believe that violation of the agreement by the Employer or the Bidder/Contractor, has taken place, he will request the Party concerned to discontinue or take corrective action, or to take any other relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner or refrain from action or tolerate action.

(6) The Monitor will submit a written report to the .............. ( CEO/REMCL). within 8-10 weeks from the date of reference or intimation to him by the Employer and should the occasion arise, submit proposal for correcting problematic situations.

(7) If the Monitor has reported to the ............... ( CEO/ REMCL). of a substantiated suspicion of an offence under relevant IPC/PC Act, and the .............. ( CEO/ REMCL). has not, within reasonable time, taken visible action to proceed against such offender or reported it to the Chief Vigilance Officer, the Monitor may also transmit this information directly to the Central Vigilance Commissioner.

(8) The word Monitor would include both singular and plural.

Section – 9 Pact Duration

This pact begins when both parties have legally signed it. It expires for the Contractor when his Security Deposit is released on completion of the Maintenance Period and for all other Tenderers six months after the Contract has been awarded. If any claim is made/lodged during this time the same shall be binding and continue to be valid despite the lapse of this pact specified above, unless it is discharged/determined by ............... ( CEO/ REMCL)

Section 10 Other Provisions

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction shall

be as stated in the Contract Agreement. (2) Changes and supplements as well as termination notices need to be made in

writing. If the Contractor is a partnership or Joint Venture, this agreement must be signed by the Partner in charge/Lead Member nominated as being incharge and who holds the Power of Attorney signed by legally authorised signatories of all the partners/Members. The Memorandum of Understanding /Joint Venture Agreement will incorporate a provision to the effect that all Members of the Joint Venture will comply with the provisions in the Integrity Pact to be signed by the Lead Member on behalf of the Joint Venture. Any violation of Section 2 above by any of the Partners/Members will be construed as a violation by the Joint Venture leading to possible Termination of Contract in terms of Section 3.

(3) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

…………( CEO/ REMCL

358

………………………………….. (For & on behalf of the Employer) (For the bidder/Contractor) (Official Seal)

(Official Seal)

Place: …………………………… Date: …………………………….

Witness 1: (Name & Address) …………………………… …………………………… …………………………… …………………………… Witness 2 (Name & Address) …………………………… …………………………… …………………………… ……………………………

359

ATTACHMENT – 17

PAGE 1 OF 1


REMCL/CO/SOLAR/210 MW/CAPEX/2021

(DECLARATION ON BANNING POLICY)

1) We have read the contents of the Banning Policy of Employer attached with this Bidding document at Annex- III of ITB and agree to abide by this policy. Further, in terms of requirement under Banning policy we hereby declare the following:

a) We have not been Banned/Blacklisted as on date of submission of bid by

Ministry of Power or Government of India.

b) We have not employed any public servant dismissed/removed or person convicted for an offence involving corruption or abetment of such offences.

c) Our Director(s)/Owner(s)/Proprietor/Partner(s) have not been convicted by any court

of law for offences involving corrupt and fraudulent practices including moral turpitude in relation to business dealings with Government of India or Employer or Employer’s group companies during the last five years.

2) We further declare as under :

that if at any point subsequent to award of Contract, the declarations given above are found to be incorrect, Employer shall have the full right to terminate the Contract and take any action as per applicable laws for breach of contract including forfeiture of Bid Security/Performance Bank Guarantee.

360

ATTACHMENT -18 Page 1 of 1



(Information regarding Safety Management)

Bidder's Name and Address: To Chief Executive Office REMC Ltd., Ground Floor, Central Wing, RITES Bhawan , Plot No. 1, Sector-29, Gurgaon – 122001 Email: [email protected]

Dear Sirs,

We have read the provisions pertaining to Safety and hereby undertake to comply all the provisions of Bidding Documents in this regard.

We hereby confirm that all the measures to ensure highest level of Safety during execution at Site shall be taken by us.

Further, in terms of the provisions of Clause No. E7 of Part-E of Technical Specification (Section-VI) of Bidding Documents, a proposed “Safety Plan” is attached herewith as Appendix- I to this Attachment.

A “Safety Co-ordination Procedure” shall be finalized during post bid discussions of Techno- Commercial Bid. (if applicable)

The above proposed “Safety Plan” shall be further discussed/ finalized at Site, in line with the agreements made in “Safety Co -ordination Procedure”, and shall be approved by Project Manager/Engineer -In-Charge/ Head of Project before start of work at Site.

Date : Place :

(Signature)..................................... (Printed Name) ............................... (Designation) ................................... (Company Seal) ..............................

Note : Continuation sheets of like size and format, may be used as per Bidder's requirement and shall be annexed to this Attachment.


361

A PPENDIX-I to ATTACHMENT-18

S AFETY PLAN

1. Safety Policy of the Contractor to be enclosed: 2. When was the Safety Policy last reviewed: 3. Details of implementation procedure / methods to implements Safety

Policy /Safety Rules: 4. Name, Qualification, experience of Safety Officer 5. Review of Accidents Analysis Method, Methods to ensure Safety and Health: 6. Unit executive responsible to ensure Safety at various levels in work area: 7. List of employees trained in safety employed before execution of the

job. Give the details of training: 8. Safety Training Targets, Schedules, methods Adopting to providing safety

training to all employee: 9. Details of checklist for different jobs / work and responsible person to

ensure compliance (copy of checklist to be enclosed): 10. Regular Safety Inspection Methods and Periodicity and list of members to

be enclosed: 11. Risk Assessment, Safety Audit by Professional Agencies, Periodicity: 12. Implementation of Recommendations of Audit / Inspections, Procedures

for Implementation and follow up: 13. Provision for treatment of injured persons at work site: 14. Review of overall safety by top Management and Periodicity: 15. System for Implementation of Statutory legislations: 16. Issue of PPEs to employees, Periodicity / stock on hand etc.: 17. Specify safety measures for round the clock working (specially during night):

Signature Head of the Organization

With date & stamp

362

ATTACHMENT -19



(Declaration for fulfillment of Domestic Content Requirement Clause) Sir

We, M/s ..................................... (name of the bidder) hereby certify and declare the following:

(a) We further declare that we have examined the Bidding Documents No. REMCL/CO/SOLAR/210 MW/CAPEX/2021, including subsequent amendments and clarifications, if any.

(b) The Solar PV cells and modules to be used in our projects shall be manufactured domestically

and comply with the Domestic Content Requirements (DCR) as laid down by Ministry of New and Renewable Energy (MNRE) and incorporated in the Technical Specifications (Section-VI) of the Bidding Documents.

(c) We declare that as per the provision of the bidding document, we shall supply only domestically

manufactured solar cells and modules for the above plant. In case, at any stage of the project execution, it is found that the supplied module doesn’t meet the Domestic Content Requirement (DCR), REMCL can take following action(s).

i. Filing of criminal case under IPC 420 & related sections. ii. Blacklisting of EPC contractor for period of 10 years. iii. Forfeiting of relevant Bank Guarantee(s). iv. Any other action, in addition to those above.

(d) We have read, understood and accept the above clause mentioned and undertake that

domestically produced cells and modules complying with MNRE guidelines are only used for the Solar Power Project.

(e) We shall maintain, and present upon request by REMC Ltd./Railways, to the Inspection

committee of REMC Ltd./Railways, any documentation necessary in support of this certificate. Further, we shall not bar the inspection committee of REMC Ltd./Railways or their representative from visiting our factories/installations in relation to the agreement between our Company and REMC Ltd./Railways.

(f) In case of any discrepancies found upon the inspection conducted by the committee, it may

be dealt as per the decisions of REMCL/Railways.

(Signature)…………………………………………… (Printed Name) ………………………………………. (Designation)…………………………………………

(Common Seal) ………………………………………

363

BIDDING DOCUMENTS

FOR

DEVELOPMENT OF GRID CONNECTED SOLAR PV PROJECT(S) (UPTO 210 MW CAPACITY)

ON VACANT RAILWAY LAND

SECTION – VII BOOK 2 OF 3


364

TABLE OF FORMS AND PROCEDURES Sl.. No. Description










6. (b) Bank Guarantee Form for Advance Payment for Installation Services









15. Form of Bank Guarantee by Associate/Collaborator – Not Applicable –


17. Form of Joint Deed of Undertaking – Not Applicable –


19. Bank Guarantee Form for Quoted Generation in excess of threshold g eneration – N ot Applicable –


21. Certificate from Module Manufacturer & Cell Manufacturer Regarding Meeting DCR Norm.

365




C AUTION LIST (Bidder may take note of the following points while submitting its bid)

• BIDDERS ARE REQUIRED TO FURNISH REQUISITE DETAILS IN THE FORMATS

SPECIFIED IN THE BIDDING DOCUMENTS FOR MEETING THE STIPULATED QUALIFYING REQUIREMENTS (QR) ALONG WITH ALL SUPPORTING DOCUMENTS LIKE COPIES OF CLIENT’S CERTIFICATES, WORK ORDER AND CONTRACT AGREEMENTS ETC.

• IN CASE OF EXTENSION OF TECHNO-COMMERCIAL BID OPENING DATE,

BIDDER TO FURNISH AUDITED ANNUAL REPORTS ALONG WITH THEIR BID AS PER EXTENDED DATE OF TECHNO-COMMERCIAL BID OPENING TO MEET THE STIPULATED FINANCIAL QR CRITERIA.

• POWER OF ATTORNEY DULY NOTARIZED BY A NOTARY PUBLIC INDICATING THAT

THE PERSON SIGNING THE BID HAS THE AUTHORITY TO SIGN THE BID AND THE BID IS BINDING UPON THE BIDDER DURING THE FULL PERIOD OF ITS VALIDITY BACKED BY A COPY OF BOARD RESOLUTION/ OTHER RELEVENT DOCUMENTS TO DEMONSTRATE THE AUTHORITY OF THE PERSON ISSUING THE POWER OF ATTORNEY. TO BE FURNISHED IN PHYSICAL FORM BEFORE THE SUBMISSION CLOSING DATE AND TIME OF THE BID.

• POWER OF ATTORNEY TO THE AUTHORISED SIGNATORY OF THE BIDDER FOR

SIGNING OF BID TO BE SUBMITTED IN PHYSICAL FORM BEFORE THE SUBMISSION CLOSING DATE AND TIME OF THE BID AND SHOULD BE DATED NOT LATER THAN THE DATE OF SIGNING THE BID.

• BIDDER TO ENSURE THAT BID SECURITY/INTEGRITY PACT TO BE SUBMITTED IN

ORIGINAL STRICTLY AS PER SPECIFIED FORMATS DULY SIGNED IN ORIGINAL BY AUTHORISED SIGNATORY AND STAMPED ON EACH PAGE. SCANNED /PHOTOCOPY OF THESE ORIGINAL DOCUMENTS WITHOUT SIGNATURE IN ORIGINAL SHALL NOT BE ACCEPTABLE AND SHALL BE SUMMARILY REJECTED.

• DATE OF PURCHASE OF STAMP PAPER OF INSTRUMENTS LIKE BID SECURITY

ETC. SHOULD BE ON OR BEFORE THE DATE OF EXECUTION OF SUCH INSTRUMENTS.

366

BID FORM ENVELOPE-II (PRICE BID)

367


BID FORM (PRICE BID)

Bidder Proposal Ref. No.:

NAME OF CONTRACT: DEVELOPMENT OF GRID CONNECTED SOLAR PV PROJECT(S) (UPTO 210 MW CAPACITY) ON VACANT RAILWAY LAND


To

Chief Executive Office REMC Ltd., Ground Floor, Central Wing, RITES Bhawan , Plot No. 1, Sector-29, Gurgaon – 122001 Email: [email protected]

Gentlemen and/or Ladies,

1.0 Having examined the Bidding Documents No. REMCL/CO/SOLAR/210 MW/CAPEX/2021, including subsequent amendments and clarifications, if any, uploaded by Employer in ETS e-tender Portal, the receipt of which is hereby acknowledged, we the undersigned, offer to design, manufacture, test, deliver, install and commission (including carrying out Guarantee Test, if any) the facilities and carrying out Operation & Maintenance of Solar PV Project under the above-named Contract in full conformity with the said Bidding Documents for the sum (excluding all taxes & duties indicated by us in Schedule-6) as mentioned in Financial Part of Bid Invitation at ETS e-tender portal or such other sums as may be determined in accordance with the terms and conditions of the Contract.

2.0 Attachments to the Bid form (Price Bid): In line with the requirement of the Bidding Documents we enclose herewith the following Attachments to the Bid Form:

(a) Attachment 1P: -- Not Applicable (b) Attachment 2P: -- Not Applicable (c) Attachment 3P: -- Not Applicable


368


(d) Attachment 3P (A): -- Not Applicable (e) Attachment 4P: -- Not Applicable (f) Attachment 5P: The Declaration on the Guaranteed Parameters as per

Format. (g) Attachment 6P: -- Not Applicable (h) Attachment 7P: The declaration on the 1st Year Generation in MU

The declared 1st Year Generation in MU shall be fixed during entire bidding process including Reverse Auction (RA) for the respective bidder as quoted in the price bid.

(j) Attachment 7P1: Declaration of Monthwise Generation from one MWp and Automatic East-West Tracking based Solar PV Project. The monthwise generation from the both mode of generation shall remain fixed till completion of PG test

2.1 We have read and understood the “Business Rules for Reverse Auction” and the “The terms and conditions for Reverse Auction” and we confirm to fully abide by it.

2.2 We understand that after completion of the Reverse Auction event, based on the final price quoted by us (in case we are successful bidder) we shall submit item wise price break up for the items to the Employer in the prescribed format/price break up sheet within 2 hours of conclusion of Reverse Auction.

2.3 We further categorically confirm that the price quoted by us during the reverse auction is for executing the complete facilities and inclusive of all taxes and duties.

3.0 PRICE SCHEDULE (to be submitted after Reverse Auction - Documents to be uploaded online)

3.1 In line with the requirements of the Bidding Documents, we enclose herewith the following Price Schedules, duly filled-in as per your proforma:

Schedule No.1 Ex-works supply of Plant and Equipment including Type Tests

charges and Mandatory Spares.

Schedule No. 2 Local Transportation & Inland insurance and other local costs incidental to delivery of Plant & Equipment and Mandatory Spares

369


Schedule No. 3 Installation Services including Civil works, Erection Works, Insurance covers other than inland transit insurance and O&M and other services for ten years as specified in the bidding documents.

Schedule No. 3A Not Applicable Schedule No. 4 Not Applicable Schedule No. 5 Recommended Spare Parts Schedule No. 6 Goods & Services Tax (GST), applicable on Schedules – 1, 2 & 3

not included in bid price.

3.2 We are aware that the Price Schedules do not generally give a full description of the work to be performed under each item and we shall be deemed to have read the Technical Specifications, Drawings and other Sections of the Bidding Documents to ascertain the full scope of work included in each item while filling in the rates and prices. We agree that the entered rates and prices shall be deemed to include the full scope as aforesaid, including overheads and profit. We further declare that we have furnished the unit rates for the item and mandatory spares indicated in Schedule-1.

3.2.1 We confirm that if any deviations, variations are found in respect of mandatory spares in the Price Schedule-1 of our Price bid, which are contrary to the requirements of the bidding documents, the same shall not be given effect to by the Employer and it will be considered that our bid is in compliance with the requirements of the bidding documents. In such cases, we confirm that we shall supply such mandatory spares, as per Technical Specification without any extra cost implication to the Employer.

3.3 We declare that as specified in the Special Conditions of Contract (Cl 11.2) and Appendix-2 (Price Adjustment) to the Contract Agreement, the provision of price adjustment is not applicable and the prices quoted by us in the Price Schedules for the entire scope of work shall be on Firm Price Basis and Prices shall remain firm during the entire period of contract including any extension of time for completion.

3.4 We understand that in the price schedule, where there are discrepancy between the unit price and the total price, which is obtained by multiplying the unit price and quantity, or between sub totals and the total price, (even in case of carry forward of prices) the unit or subtotal price shall prevail and the total price shall be corrected accordingly. We further understand that where there is discrepancy between amounts stated in figures and amounts stated in words, the amount stated in words shall prevail. Similarly, in case of any discrepancies between the total bid price and the summation of Schedule prices (price indicated in a Schedule indicating the total of that Schedule), the total bid price shall be corrected to reflect the actual summation of the Schedule prices.

370


3.5 We declare that prices left blank in the Schedules will be deemed to have been included in the prices of other items. The TOTAL of each Schedule or the Grand TOTAL c onsidering Quoted Rate per Million Unit as mentioned in Electronic Form (Financial Part) at e-tender portal shall be deemed to be the total price for executing the Facilities in complete accordance with the Contract, whether or not each individual item has been priced.

4.0 We confirm that except as otherwise specifically provided, our Bid Prices include all taxes, duties, levies and charges, as may be assessed on us, our Sub-Contractor/Sub-Vendor or our employees by all Municipal, State or National Government authorities in connection with the Facilities, in and outside of India.

4.1 We further understand that notwithstanding 4.0 above, you shall bear and pay/reimburse to us GST applicable on (a) Plant and Equipment and Mandatory Spares to be supplied from within the country of India specified in Price Schedule No. 1 (and also on locally supplied Recommended Spare Parts quoted in Price Schedule No. 5, when awarded) to be incorporated in the Facilities, by the Indian Laws, (b) Local transportation & insurance, other local costs incidental to delivery of plant & equipment including mandatory spares specified in Price Schedule No. 2 (and also of locally supplied Recommended Spare Parts quoted in Price Schedule No. 5, when awarded) and (c) Installation Services including Erection, Civil & Allied Works and other services specified in Price Schedule No. 3. However, all other taxes, duties & levies as may be applicable on goods and services specified in Price Schedules Nos. 1, 2 & 3 and on the materials used for civil construction works and erection & commissioning shall be to our account and no separate claim in this regard will be entertained by you. Taxes and Duties which are payable by the Employer under the Contract shall be paid/reimbursed by the Employer to the Contractor after receipt of equipment/spares/services at site and on production of satisfactory documentary evidence by the Contractor. However, GST as applicable on Advance payment shall be paid to the Contractor along with the Advance sanctioned. We undertake that the amount of this GST paid along with advance shall be adjusted pro-rata against the Tax due upon supply of goods/services, based on the value of the respective goods/services.

4.2 We hereby confirm that our bid price do not include the G ST in respect of the goods and services specified in Price Schedules Nos. 1, 2 & 3 and the same shall be payable/ reimbursed by you in accordance with the law. We further declare that the amount of GST as the list of Goods & Services and their values considered for GST have been exhaustively indicated by us in Schedule-6 at prevailing rates. However, we confirm that you shall not be liable to pay GST though applicable in India on seven days prior to the date of Bid submission but not indicated in the Schedule-6. We further confirm that GST payable by you is indicated in aforesaid Schedule-6 and the same shall be considered for evaluation.

4.3 We confirm that we shall get registered as per relevant GST laws.

371

4.4 Income Tax


We hereby declare that if any Indian Income Tax, surcharge on Income Tax and any other tax is attracted under the law, we agree to pay the same to the concerned authorities and you shall have no additional tax liabilities whatsoever irrespective of the mode of contracting.

5.0 COMPLIANCE TO THE PROVISIONS OF THE BIDDING DOCUMENTS 5.1 We have read all the provisions of the Bidding Documents and confirm that

notwithstanding anything stated elsewhere in our bid to the contrary, the provisions of the Bidding Documents are acceptable to us and we further confirm that we have not taken any deviation to the provisions of the Bidding Documents anywhere in our bid. We have certify our compliance to the provisions of the Bidding Documents and its subsequent Amendment(s)/Clarification(s)/Addenda/Errata.

5.2 We further declare that additional conditions, variations, deviations, if any, found

in the Price Bid, shall not be given effect to.

6.0 We undertake, if our bid is accepted, to commence work on the facilities immediately upon

your Notification of Award to us and to achieve Completion of Facilities and Conduct Guarantee Tests within the time specified in the Bidding Documents.

7.0 If our bid is accepted, we undertake to provide an Advance Payment Security, Contract

Performance Security(ies), and Securities for Deed(s) of Joint Undertaking (as applicable) and other securities in the form and amounts and within the times specified in the Bidding Documents.

8.0 We agree to abide by this Bid for a period of 270 days from the date of opening of Techno

Commercial bids as stipulated in the Bidding Documents and it shall remain binding upon us and may be accepted by you at any time before the expiration of that period. Techno-Commercial Bid including this Price Bid shall remain valid and open for acceptance for Two Hundred Seventy (270) days from date of Techno Commercial Bid Opening. Further, the prices of recommended spares contained in our Bid shall remain valid for a period of 6 months after the placement of Notification of Award for Main Equipment and Mandatory Spares.

372


9.0 Until a formal Contract is prepared and executed between us, both bids (Techno-

Commercial bid and Price Bid), together with your written acceptance thereof in the form of your Notification of Award shall constitute a binding contract between us.

10.0 We understand that you are not bound to accept the lowest or any other bid you may receive.

11.0 We confirm that the cost of Special Tools & Tackles furnished by us in relevant attachment of our Techno-Commercial Bid is included in the lumpsum price quoted in this Price Bid.

12.0 We, hereby, declare that only the persons or firms interested in this proposal as principals are named here and that no other persons or firms other than those mentioned herein have any interest in this proposal or in the Contract to be entered into, if the award is made on us, that this proposal is made without any connection with any other person, firm or party likewise submitting a proposal, is in all respects for and in good faith, without collusion or fraud.

Dated this...........................day of .......................... 2020.

Thanking you, we remain,

Yours faithfully,

(Authorised signatory Name)

Date : (Designation) Place: Business Address :

Email id : Mobile No. : Fax No. : Phone No. :

373

ATTACHMENT – 5P

PAGE 1 OF 1

DEVELOPMENT OF GRID CONNECTED SOLAR PV PROJECT(S) (UPTO 210MW CAPACITY) ON VACANT RAILWAY LAND


Guarantee Declaration

We declare that the ratings, capacities and performance figures of the equipments furnished by us under the package are guaranteed. We further declare that in the event of any deficiencies in meeting the guaranteed figures as specified in Technical Specifications as established after conducting the guarantee tests, you may at your discretion accept the equipment / system after levying the Liquidated Damages as specified in Technical Specifications or reject the equipment/ system and recover payments already made or get the defects repaired by any other agency and recover the cost of repair from us.

374

ATTACHMENT – 7P

PAGE 1 OF 1

DEVELOPMENT OF GRID CONNECTED SOLAR PV PROJECT(S) (UPTO 210MW CAPACITY) ON VACANT RAILWAY LAND


(Declaration on the 1st Year Generation in MU)

Dear Sirs,

We hereby furnish the following details of annual generation in MU:

S.No. Description Location 1 State xxx

Location ‘n’ State xxx

Total

1. Solar PV plant capacity 2. First Year

Generation in MU (G) (Minimum Generation equivalent to CUF 17% i.e. 1.49 MU/MW AC)

In Figures#

In Words#

(a) The figures to be filled for all the columns. Bidders may add additional column if required. The extreme right Column, ∑N should be algebraic sum of the particulars of each location of a package. We confirm that: (a) The aforesaid details shall be as per specification. Bidder to quote details of each location in one

column as in table and add columns as necessary. Monthly Target Generation for each location shall be submitted separately. The quoted Generation shall be demonstrated during PG test as outlined in Chapter E-6 of Section-VI for each location independently.

(b) Quoted First Year Generation shall be fixed during entire bidding process including Reverse Auction (RA) for the respective bidder for any location in a package.

(c) In case of any discrepancy between figures and words, quoted annual generation indicated in words shall prevail.

(d) First year generation shall mean total quoted actual generation from the location in the year from the COD of the full capacity plant at the location.

Note - (Signature)………………………………… (Printed Name)…………………………… (Designation)……………………………… (Common Seal)…………………………

375

ATTACHMENT – 7P1 PAGE 1 OF 1



(Declaration of Monthwise Generation from one MWp Fixed/ Automatic East-West

Tracking based Solar PV Project) Bidder’s Name and Address: To, Chief Executive Office REMC Ltd., Ground Floor, Central Wing, RITES Bhawan , Plot No. 1, Sector-29, Gurgaon – 122001 Email: [email protected]

Dear Sirs, In line with requirement of splitting of month wise generation for Performance Guarantee(PG) test as per test procedures detailed in Chapter E-6 of Section – VI, we hereby furnish month wise target generation for one MWp Fixed tilt and Automatic East-west tracking based Solar PV Project.

Month GHI of Month kWhr/m2

Target Generation in MWhr per MWp Solar Photovoltaic project with Fixed tilting

Target Generation in MWhr per MWp Solar Photovoltaic project with East-West Automatic tracking

January February March April May June July August September October November December

Note- 1. The month wise generation from the both mode of generation shall remain fixed till completion of PG

test. REMCL has right to assess the rationality of the month wise quoted generation from both mode of generation.

2. The product [of total of month wise generation per MWp and MWp planned for each location] must be equal to targeted generation mentioned by the bidder in the Attachment 7P for each location.

3. The bidder shall use separate sheets for month wise figures for each location. 4. The target generation per MWp for fixed tilting based system shall remain unchanged irrespective of

variation in capacities corresponding to share of fixed/two angle/three angle based mounting structure. 5. The monthwise GHI shall be arrived proportional as per procedure outlined in technical specification.

(Signature)…………………………………………….. (Printed Name)………………………………………. (Designation)…………………………………………… (Common Seal)…………………………………………


376

PRICE SCHEDULE: (Uploaded as separate Excel File) (Documents to be uploaded online)

377

BIDDING DOCUMENTS

FOR

DEVELOPMENT OF GRID CONNECTED SOLAR PV PROJECT(S) (UPTO 210 MW CAPACITY)

ON VACANT RAILWAY LAND

SECTION – VII BOOK 3 OF 3


378

TABLE OF FORMS AND PROCEDURES

Sl.. No. Description










6. (b) Bank Guarantee Form for Advance Payment for Installation Services









15. Form of Bank Guarantee by Associate/Collaborator – Not Applicable – 16. Form of Notification by the Employer to the Bidder

17. Form of Joint Deed of Undertaking – Not Applicable – 18. Bank Guarantee Form for Security against Overall System Performance

(including Modules) during O&M Period

19. Bank Guarantee Form for Quoted Generation in excess of threshold g eneration – Not Applicable –


21. Certificate from Module Manufacturer & Cell Manufacturer Regarding Meeting DCR Norms.

379

2. BID SECURITY FORM

380

2-A. Bank Guarantee for Bid Security ( Refer Cl. 12 of ITB)

B.G. No. Dated:

1. In consideration of you, ………………………..……, having its office at ………………, (hereinafter referred to as the “REMCL”, which expression shall unless it be repugnant to the subject or context thereof include its, successors and assigns) having agreed to receive the Bid of ...................................... (a company registered under the Companies Act, 1956/ 2013) and having its registered office at ……………………… (and acting on behalf of its Consortium) (hereinafter referred to as the “Bidder” which expression shall unless it be repugnant to the subject or context thereof include its/their executors, administrators, successors and assigns), for the Project (hereinafter referred to as “the Project”) of .......MW capacity as indicated in Bid Document dated …………… issued in respect of the Project and other related documents including without limitation “Bidding Documents”, we (Name of the Bank) having our registered office at ……………………… and one of its branches at …………………….. (hereinafter referred to as the “Bank”), at the request of the Bidder, do hereby in terms of Clause 12 of ITB Document, irrevocably, unconditionally and without reservation guarantee the due and faithful fulfilment and compliance of the terms and conditions of the Bidding Documents by the said Bidder and unconditionally and irrevocably undertake to pay forthwith to REMCL an amount of Rs. …………. (Rupees ...................................................... only) (hereinafter referred to as the “Guarantee”) as our primary obligation without any demur, reservation, recourse, contest or protest and without reference to the Bidder if the Bidder shall fail to fulfil or comply with all or any of the terms and conditions contained in the said Bidding Documents.

2. Any such written demand made by REMCL stating that the Bidder is in default of the due and faithful fulfilment and compliance with the terms and conditions contained in the Bidding Documents shall be final, conclusive and binding on the Bank.

3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable under this Guarantee without any demur, reservation, recourse, contest or protest and without any reference to the Bidder or any other person and irrespective of whether the claim of REMCL is disputed by the Bidder or not, merely on the first demand from REMCL stating that the amount claimed is due to REMCL by reason of failure of the Bidder to fulfil and comply with the terms and conditions contained in the Bidding Documents including failure of the said Bidder to keep its Bid open during the Bid validity period as set forth in the said Bidding Documents for any reason whatsoever. Any such demand made on the Bank shall be conclusive as regards amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs. (Rupees only).

381

4. This Guarantee shall be irrevocable and remain in full force for a period of 315 (Three hundred fifteen) days from the Bid Due Date inclusive of a claim period of 45 (fourty) days or for such extended period as may be mutually agreed between REMCL and the Bidder, and agreed to by the Bank, and shall continue to be enforceable till all amounts under this Guarantee have been paid.

5. We, the Bank, further agree that REMCL shall be the sole judge to decide as to

whether the Bidder is in default of due and faithful fulfilment and compliance with the terms and conditions contained in the Bidding Documents including, inter alia, the failure of the Bidder to keep its Bid open during the Bid validity period set forth in the said Bidding Documents, and the decision of REMCL that the Bidder is in default as aforesaid shall be final and binding on us, notwithstanding any differences between REMCL and the Bidder or any dispute pending before any Court, Tribunal, Arbitrator or any other authority.

6. The Guarantee shall not be affected by any change in the constitution or winding up of the Bidder or the Bank or any absorption, merger or amalgamation of the Bidder or the Bank with any other person.

7. In order to give full effect to this Guarantee, REMCL shall be entitled to treat the Bank as the principal debtor. REMCL shall have the fullest liberty without affecting in any way the liability of the Bank under this Guarantee from time to time to vary any of the terms and conditions contained in the said Bidding Documents or to extend time for submission of the Bids or the Bid validity period or the period for conveying acceptance of Notification of Award by the Bidder or the period for fulfilment and compliance with all or any of the terms and conditions contained in the said Bidding Documents by the said Bidder or to postpone for any time and from time to time any of the powers exercisable by it against the said Bidder and either to enforce or forbear from enforcing any of the terms and conditions contained in the said Bidding Documents or the securities available to REMCL, and the Bank shall not be released from its liability under these presents by any exercise by REMCL of the liberty with reference to the matters aforesaid or by reason of time being given to the said Bidder or any other forbearance, act or omission on the part of REMCL or any indulgence by REMCL to the said Bidder or by any change in the constitution of REMCL or its absorption, merger or amalgamation with any other person or any other matter or thing whatsoever which under the law relating to sureties would but for this provision have the effect of releasing the Bank from its such liability.

8. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given or made if addressed to the Bank and sent by courier or by registered mail to the Bank at the address set forth herein.

9. We undertake to make the payment on receipt of your notice of claim on us

addressed to [name of Bank along with branch address] and delivered at our above branch which shall be deemed to have been duly authorised to receive the said notice of claim.

382

10. It shall not be necessary for REMCL to proceed against the said Bidder before proceeding against the Bank and the guarantee herein contained shall be enforceable against the Bank, notwithstanding any other security which REMCL may have obtained from the said Bidder or any other person and which shall, at the time when proceedings are taken against the Bank hereunder, be outstanding or unrealised.

11. We, the Bank, further undertake not to revoke this Guarantee during its currency

except with the previous express consent of the REMCL in writing.

12. The Bank declares that it has power to issue this Guarantee and discharge the obligations contemplated herein, the undersigned is duly authorised and has full power to execute this Guarantee for and on behalf of the Bank.

13. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted to Rs… crore (Rupees ……………….......... crore only). The Bank shall be liable to pay the said amount or any part thereof only if REMCL serves a written claim on the Bank in accordance with paragraph 9 hereof, on or before [……. (Indicate date falling 315 days after the Bid Due Date)].

Signed and Delivered by .................................... Bank

By the hand of Mr./Ms …………………….., its ………………….. and authorised official.

(Signature of the Authorised Signatory)

(Official Seal)

383

CHECK LIST FOR BANK GUARANTEES

Sl.No. Details of checks YES/NO. a) Is the Bank Guarantee (BG) on non-judicial Stamp paper of appropriate

value, as per applicable Stamp Act of the place of execution.

b) Whether date, purpose of purchase of stamp paper and name of the purchaser are indicated on the back of Stamp paper under the Signature of Stamp vendor? (The date of purchase of stamp paper should be not later than the date of execution of BG and the stamp paper should be purchased either in the name of the executing Bank or the party on whose behalf the BG has been issued. Also the Stamp Paper should not be older than six months from the date of execution of BG).

c) Has the executing Officer of BG indicated his name, designation and Power of Attorney No./Signing Power no. on the BG?

d) Is each page of BG duly signed / initialled by executants and whether stamp of Bank is affixed thereon? Whether the last page is signed with full particulars including two witnesses under seal of Bank as required in the prescribed Performa?

e) Does the Bank Guarantees compare verbatim with the Performa prescribed in the Bid Documents?

f) Are the factual details such as Bid Document No. / Specification No., / LOI No. (if applicable) / Amount of BG and Validity of BG correctly mentioned in the BG.

i) Whether overwriting/cutting if any on the BG have been properly Authenticated under signature & seal of executants?

384

2-B. Declaration of Bid Security

Format for Declaration of Bid Security (to be submitted separately for each Project)

No. Date Subject: Declaration of bid security.

We, (insert name of the Bidder) hereby provide this undertaking to REMC Ltd., in respect to our response to Bidding document vide No. dated . We undertake that we will abide by the provisions of the Bidding Document for the activities pertaining to submission of response to Bidding Document, during the bid validity period. We undertake not to withdraw or modify our bid during the bid validity period, in line with provisions of the Bidding Document. In case we withdraw or modify our response to the Bidding Document during the bid validity period, or violate other provisions of the Bidding Document which make the bid non-responsive under Clause 13.1 of the ITB of the Bidding Document, We, (insert name of the bidder) including our Parent, Ultimate Parent, and our Affiliates shall be suspended/debarred from participating in any of the upcoming tenders issued by REMC Ltd. for a period of 2 years from the date of default as notified by REMC Ltd.

(Name and Signature of the Authorized Signatory)

385

3. FORMS OF NOTIFICATION OF AWARD- Not Used

386

4. FORM OF CONTRACT AGREEMENT .

THIS CONTRACT AGREEMENT is made the day of , 20 . BETWEEN

(1) [Name of Employer], a corporation incorporated under the laws of [country of Employer] and having its principal place of business at [address of Employer] (hereinafter called “the Employer”), and (2) [name of Contractor], a corporation incorporated under the laws of [country of Contractor] and having its principal place of business at [address of Contractor] (hereinafter called “the Contractor”)

WHEREAS the Employer desires to engage the Contractor to design, manufacture, test, deliver, install, commission, complete and conduct guarantee tests, civil works of certain Facilities, Operation & Maintenance (O&M), vi z . [list of facilities] (“the Facilities”) and the Contractor have agreed to such engagement upon and subject to the terms and conditions hereinafter appearing.

NOW IT IS HEREBY AGREED as follows:

Article 1. Contract Documents

1.1 Contract Documents ( Reference SCC Clause 11) The following documents shall constitute the Contract between The Employer and the Contractor, and each shall be read construed as an integral part of the Contract:

(a) This Contract Agreement and the Appendices hereto (b) Notification of Award (c) Special Conditions of Contract (d) General Conditions of Contract (e) Technical Specifications and Drawings (f) The Bid and Price Schedules submitted by the

Contractor (g) Procedures (as listed) (h) Integrity pact (IP) signed between the Employer and

the Bidder/Contractor

1.2 Order of Precedence In the event of any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the order in which the Contract Documents are listed in Article 1.1 (Contract Documents) above.

1.3 Definitions (Reference SCC Clause 1)

Capitalized words and phrases used herein shall have the same meanings as are ascribed to them in the General Conditions of Contract.

387

Article 2. Contract 2.1 Contract Price ( Reference SCC Clause 11) Price and Terms of The Employer hereby agrees to pay to the Contractor the Payment Contract Price in consideration of the performance by the

Contractor of its obligations hereunder. The Contract Price shall be the aggregate of: [amount in Indian Rupees in words], [amount in figures], or such other sums as may be determined in accordance with the terms and conditions of the Contract.

2.2 Terms of Payment (Reference SCC Clause 12)

The terms and procedures of payment according to which the Employer will reimburse the Contractor are given in Appendix 1 (Terms and Procedures of Payment) hereto.

Article 3. Effective 3.1 Effective Date Date for Determining The Time for Completion of the Facilities shall be deter mined Time for Completion from the date of Notification of Award provided all of the

following conditions have been fulfilled within a period of two (2) months from the date of said Notification of Award:

(a) This Contract Agreement has been duly executed for

and on behalf of the Employer and the Contractor;

(b) The Contractor has submitted to the Employer the performance security, security towards faithful performance of the Deed(s) of Joint Undertaking (if applicable) and the advance payment security;

(c) The Employer has paid the Contractor the initial

Advance Payment, if claimed by the Contractor.

(d) The employer has handed over the land plot to the contractor by signing the letter of authorization.

Each party shall use its best efforts to fulfill the above conditions for which it is responsible as soon as practicable.

3.2 If the conditions listed under 3.1 are not fulfilled within two (2) months from the date of Notification of Award because of reasons attributable to the Employer, the Contract would become effective only from the date of fulfillment of all the above mentioned conditions and, the parties shall discuss and agree on an equitable adjustment to the Contract Price and the Time for Completion and/or other relevant conditions of the Contract.

3.3 However, if any of the conditions listed under 3.1 above are not

fulfilled within two (2) months from the date of Notification of Award because of reasons attributable to the Contractor, the Contract will be effective from the date of Notification of

388

Award. In this case, Contract price and/or time for completion shall not be adjusted.

Article 4.

this Agreement solely on its own behalf and not on behalf of any other person or entity. In particular it is expressly understood and agreed that the government of India is not a party to this Agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that the Employer is an Independent legal entity with power and authority to enter into contracts solely on its own behalf under the applicable laws of India and the general principles of Contract Law. The Contractor expressly agrees, acknowledges and understands that the Employer is not an Agent, Representative or Delegate of the Govt. of India. It is Further understood and agreed that the Government of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the Contract. Accordingly, the Contractor expressly waives, releases and foregoes any and all actions or claims, including cross claims, impleader claims or counter claims against the Government of India arising out of this Contract and covenants not to sue the Government of India as to any manner, claim, cause of action or thing whatsoever arising of or under this Agreement.

Article 5. Appendices The Appendices listed in the attached list of Appendices shall

be deemed to form an integral part of this Contract Agreement. Reference in the Contract to any Appendix shall mean the Appendices attached hereto, and the Contract shall be read and construed accordingly.

IN WITNESS WHEREOF the Employer and the Contractor have caused this Agreement to be duly executed by their duly authorized representatives the day and year first above written.

Signed by for and on behalf of the Employer

[Signature]

[Title] in the presence of

** Signed by for and on behalf of the Contractor

[Signature]

Contractor and the Employer that the Employer is entering into

It is expressly understood and agreed by and between the

389

[Title]

in the presence of

CONTRACT AGREEMENT

dated the day of , 20

BETWEEN

[“the Employer”]

and

[“the Contractor”]

APPENDICES

Appendix 1 Terms and Procedures of Payment Appendix 2 Price Adjustment Appendix 3 Insurance Requirements Appendix 4 Time Schedule Appendix 5 List of Approved Subcontractors Appendix 6 Scope of Works and Supply by the Employer Appendix 7 List of Documents for Approval or Review Appendix 8 Functional Guarantees

.

390

APPENDIX – 1

Page 1 of 15

TERMS AND PROCEDURES OF PAYMENT

In accordance with the provisions of SCC Clause 12 (Terms of Payment), the Employer shall pay the Contractor in the following manner and at the following times, on the basis of the Price Break down given in the Section on Price Schedules. Application for payment in respect of part deliveries may be made by the Contractor as work proceeds.

TERMS OF PAYMENT

A. Schedule No.1: Plant and Equipment (excluding Mandatory Spares and Type Tests)

In respect of plant and equipment supplied the following payments shall be made:

For Ex-works Price component of plant and Equipment (excluding Mandatory Spares and Type Tests)

(I) Five Percent (5 %) of the total Ex-Works price component as Initial Advance Payment

on:

(a) Acceptance of Notification of Award and Signing of the Contract Agreement.

(b) Submission of an unconditional Bank Guarantee covering the advance amount plus GST as applicable on the advance payment to be paid to the contractor, which shall be initially kept valid upto (ninety) 90 days beyond the schedule date for Completion of the last facility covered under the Package. However, in case of delay in completion of the facilities covered under the package, the validity of this Bank Guarantee shall be extended by the period of such delay. Proforma of Bank Guarantee is enclosed in Section-VII - Bank Guarantee Form for Advance Payment.

(c) Submission of unconditional Bank Guarantees towards Contract Performance Securities in respect of all Contracts, initially valid upto ninety (90) days after the end of scheduled Defect Liability Period of the last equipment covered under the package. The proforma of Bank Guarantee is enclosed in Section-VII - Form of Performance Security.

(d) Submission of a detailed PERT Network based on the work schedule stipulated in

Appendix-4 to the Form of Contract Agreement and its approval by the Employer.

391

APPENDIX – 1

Page 2 of 15 (II) Fifty Percent (50%) of Ex-works price component of the Contract price for each identified

equipment upon dispatch of equipment from manufacturer's works on pro-rata basis on production of invoices and satisfactory evidence of shipment which shall be original Goods Receipt or receipted GR / Rail Receipt including Material Dispatch Clearance Certificate (MDCC) issued by the Employer's representative.

(III) Ten Percent (10%) of Ex-works price component of the Contract Price for each identified

equipment on receipt of equipment at site on prorata basis and physical verification and certification by the Project Manager for the equipment received and stored at site.

(IV) Twenty-Two Point Five Percent (22.5%) of Ex-works price Component of the contract

price on successful commissioning of entire Solar Photo Voltaic Plant on certification by the Project Manager.

(V) Two Point Five Percent (2.5%) of Ex-Works price Component of the contract price on

Completion of the Facilities, as specified, and issuance of Completion Certificate by the Project Manager.

(IV) Ten Percent (10%) of Ex-works price component of the Contract price on successful

completion of Performance Guarantee tests of entire Solar Photo Voltaic Plant, as specified, and issuance of Operational Acceptance Certificate by the Project Manager.

Note: The prorata payment will be based on the detailed price break-up furnished by the Contractor and approved by the Employer.

(i) In case Installation Price (excluding Civil/Structural works price) is less than 15% of the Ex-works Price of Main Equipment, the amount by which it is lower shall be retained proportionately from the Ex-works component of Contract price while releasing payments due on receipt of equipment, and no interest shall be payable on the retained amount. The aforesaid retained amount shall be paid on pro-rata basis upon completion of installation of the respective equipment and its certification by the Project Manager.

(ii) In case the Civil Works Price (including Site Fabricated Structural works price) is less than 10% of the Ex-works Price of Main Equipment, the amount by which it is lower shall be retained proportionately from the Ex-Works component of Contract price while releasing payments due on dispatch of equipment, and no interest shall be payable on the retained amount. The aforesaid retained amount shall be paid on pro-rata basis upon completion of Civil Works including Structural works (if any) corresponding to the respective equipment and its certification by the Project Manager.

B. Schedule 1 and 5: Mandatory Spares and Recommended Spares (When ordered)

quoted on Ex-works (India) basis

The Ex-works price of spares manufactured for fabricated within the Employer's country shall be paid as under.

392

APPENDIX – 1 Page 3 of 15

(i) Seventy Five Percent (75 %) of Ex-works price component of the spares to be paid on pro-rata basis upon despatch to site and against invoices and shipping documents along with Insurance & Material Despatch Clearance Certificate (MDCC) issued by Employer.

(ii) Twenty Five Percent (25 %) of Ex-works price component of the spares to be paid on pro-rata basis: on receipt and storage at site and on physical verifications by the Project Manager of having received and stored the spares at site.

C. Schedule No. 2: Local Transportation

a) All Plant and Equipment excluding Mandatory Spares Hundred Percent (100%) of Local Transportation charges (including inland transit insurance charges) for the plant and equipment covered in Schedule-1 shall be paid to the Contractor pro-rata to the value of the equipment received at site and on production of invoices by the Contractor. The aggregate of all such pro-rata payments shall, however, not exceed the total amount identified in the Contract for Local Transportation. However, where equipment wise local transportation charges (including inland transit insurance charges) have been identified in the Contract, the payment for the same shall be made after receipt of the equipment at site, based on the charges so identified in the Contract.

b) Mandatory Spares and Recommended Spares (if ordered)

Hundred Percent (100%) of Local Transportation charges (including inland transit insurance charges) for the spares shall be paid to the Contractor pro- rata to the value of the spares received at site and on production of invoices by the Contractor. The aggregate of all such pro-rata payments shall, however, not exceed the total amount identified in the Contract for Local Transportation. However, where item wise local transportation charges (including inland transit insurance charges) have been identified in the Contract, the payment for the same shall be made after receipt of the spares at site, based on the charges so identified in the Contract.

D. Schedule No. 3: Installation Services excluding operation and maintenance.

The Installation Services component of the Equipment Price shall be paid as under:

(I) (A) Five Percent (5%) of the Installation Services Component (excluding AMC) of the

Contract Price will be paid to the Contractor, bearing interest at the rate of 12.20% per annum as advance payment on: (i) Acceptance of Notification of Award and Signing of Contract Agreement.

393


(ii) Establishing their office at site or resources at site in preparatory to commencement of installation.

(iii) Submission of an unconditional Bank Guarantee for an amount equivalent to one hundred ten percent (110%) of the advance amount plus GST as applicable on the advance payment to be paid to the contractor, which shall be initially kept valid upto ninety (90) days beyond the schedule date for successful 'Completion of the Facilities' under the Package. However, in case of delay in completion of the facilities covered under the package, the validity of this advance Bank Guarantee shall be extended by the period of such delay. The proforma of the Bank Guarantee is enclosed in Section-VII - Bank Guarantee Form for Advance Payment.

(iv) Submission of unconditional Bank Guarantees towards Contract Performance Securities in respect of Contracts, initially valid upto ninety (90) days after the end of scheduled Defect Liability Period of the last equipment covered under the package. The proforma of Bank Guarantee is enclosed in Section-VII - Form of Performance Security.

v) In case of Joint Deed of Undertaking by the contractor alongwith his Collaborator/ Associate forms part of the contract then submission of an unconditional Bank Guarantee from such Collaborator(s)/Associate(s) towards faithful performance of the Joint Deed of Undertaking for an amount specified in the deed and valid upto ninety (90) days after the end of defect liability period of all equipment covered under the contract. The proforma of Bank Guarantee is enclosed in Section-VII- Form of Performance Security. -- If Applicable –

vi) Submission of a detailed PERT Network based on the work schedule stipulated in Appendix - 4 to the Form of Contract Agreement and its approval by the Employer.

(I) (B) Five Percent (5%) of the Installation Services Component of the Contract Price will be

paid to the Contractor, bearing interest at the rate of 12.20% per annum as advance payment on: (i) Fulfillment of conditions mentioned at Clause D(I)(A) (i), (ii), (iii), (iv), (v), (vi) and

(vii) above. (ii) T&P mobilisation as identified along with PERT network for start of Erection and

Certification thereof by the Engineer-in-Charge. (iii) Submission of an unconditional Bank Guarantee for an amount equivalent to

394

APPENDIX – 1

Page 5 of 15 one hundred ten percent (110%) of the advance amount plus GST as applicable on the advance payment to be paid to the contractor, which shall be initially kept valid upto ninety (90) days beyond the schedule date for successful 'Completion of the Facilities' under the Package. However, in case of delay in completion of the facilities covered under the package, the validity of this advance Bank Guarantee shall be extended by the period of such delay. The proforma of the Bank Guarantee is enclosed in Section-VII - Bank Guarantee Form for Advance Payment.

Advance Payment for Installation services/ works price components shall be released after certification of Engineer-in-Charge that the Contractor has brought to site the Safety equipments & Safety Personal Protective Equipments as per minimum quantity specified in the Bidding Documents.

I. In case the Contractor decides not to take advance payment, the first progressive payment for Installation services price component shall be released after certification of Engineer-In-Charge that the contractor has brought to site the Safety equipments & Safety Personal Protective Equipments as per minimum quantity specified in the Bidding Documents.

II. Seventy-Five Percent (75%) of the installation Services component of contract price shall be paid on pro-rata basis on completion of installation of equipments on certification by the Project Manager for the quantum of work completed and by the certification of Project Manager field quality assurance & surveillance representative for the successful completion of quality check points involved in the quantum of work billed.

III. Two Point Five Percent (2.5%) of total Installation price of the Contract shall be paid on successful commissioning of entire Solar Photo Voltaic Plant on certification by the Project Manager.

IV. Two Point Five Percent (2.5%) of total Installation price of the Contract shall be paid on Completion of the Facilities, as specified, and issuance of Completion Certificate by the Project Manager.

V. Ten Percent (10%) of total Installation price of the Contract shall be paid on successful completion of Performance Guarantee Tests of entire Solar Photo Voltaic Plant, as specified and issue of Operational Acceptance Certificate by the Project Manager.

VI. Recovery of the interest component on the advance amount shall be made from the progressive payments released to the Contractor as per D(II) above. The amount of interest to be recovered from a particular bill shall be calculated @ 12.20% per annum on the value of advance corresponding to the %age of total progressive payment being released. The period for which the interest is to be calculated shall be reckoned from the date of release of the advance payment to the actual date of release of the said progressive payment or the expiry of the stipulated time frame for release of such progressive payment under the contract, whichever is earlier. The interest on the advance payment shall stand fully recovered on release of all the progressive payments. If the amount payable under any interim bill is not sufficient to cover all deductions to be made for interest on the advance payment and other sums deductible therefrom, the balance outstanding amount shall be recovered from the next payments immediately falling due.

395

APPENDIX – 1

Page 6 of 15

Notes: 1. The bidder shall furnish a detailed break-up for the Erection Price Component of the package which shall be mutually discussed and finalized with the Owner. Progressive payment for Erection will be made against monthly bills based on certification by the Project Manager the work completed.

2. In case, the Contractor decides not to take interest bearing advance payment as on D (I), the advance payment shall be proportionately adjusted in the balance payments excluding final payments.

3. The release of first progressive payment for Installation Services shall also be subject to submission of documentary evidence by the Contractor towards having taken the insurance policy(ies) in terms of relevant provisions of GCC Clause 47 (Insurance) and acceptance of same by the Project Manager.

4. In case the Installation Price (excluding Civil/Structural works price) is more than 20% of the

Ex-works Price of Main Equipment, the amount by which it is higher shall be retained while releasing progressive payments due on installation of equipment, and no interest shall be payable on the retained amount. The aforesaid retained amount shall be paid along with payment due on completion of Trial Operation / Completion of Facilities

E. Schedule No. 3: Civil Works and Allied Works etc.

The Civil Works Price Component of the Contract Price shall be paid as under:

(I)(A) Five Percent (5%) of the total Civil works Price component of the Contract Price will be

paid to the Contractor, bearing interest at the rate of Twelve point Two percent (12.20%) per annum as advance payment on:

(i) Establishing their office at site in preparatory to commencement of Civil works.

(ii) Submission of an unconditional Bank guarantee for an for an amount equivalent

to one hundred ten percent (110%) of the advance amount plus GST as applicable on the advance payment to be paid to the contractor, which shall be initially kept valid upto ninety (90) days beyond the schedule date for successful 'Completion of all Facilities under the Package. However, in case of delay in completion of the facilities covered under the package, the validity of this advance Bank Guarantee shall be extended by the period of such delay. The proforma of the Bank Guarantee is enclosed in Section-VII - Bank Guarantee Form for Advance Payment.

(iii) Acceptance of Notification of Award and Signing of Contract Agreement.

(iv) Submission of an unconditional Bank Guarantee(s) towards Performance

Security(s) in respect of all Contracts initially valid upto (ninety) 90 days after the end of Defects Liability Period of the last equipment covered under the contracts. The proforma of Bank Guarantee is enclosed in Section-VII, Form of Performance Security,

396

APPENDIX – 1

Page 7 of 15 (v) In case of Joint Deed of Undertaking by the contractor alongwith his Collaborator/

Associate forms part of the contract then submission of an unconditional Bank Guarantee from such Collaborators/Associates towards faithful performance of the Joint Deed of Undertaking for an amount specified in the deed and valid upto ninety (90) days after the end of defect liability period of all equipment covered under the contract. The proforma of Bank Guarantee is enclosed in Section-VII- Form of Performance Security. – If Applicable –

(vii) Submission of a detailed PERT Network based on the work schedule stipulated in

Appendix-4 to Form of the Contract Agreement and its approval by the Employer.

(I)(B) Five Percent (5 %) of the total Civil works Price component of the Contract Price will be paid to the Contractor, bearing interest at the rate of Twelve point Two percent (12.20%) per annum as advance payment on:

(i) Fulfillment of conditions mentioned at Clause E(I)(A) (i), (ii), (iii), (iv), (v), (vi) and

(vii) above.

(ii) T&P mobilisation as identified along with PERT network for start of Civil Works and Certification thereof by the Engineer-in-Charge.

(iii) Submission of an unconditional Bank guarantee for an for an amount equivalent

to one hundred ten percent (110%) of the advance amount plus GST as applicable on the advance payment to be paid to the contractor, which shall be initially kept valid upto ninety (90) days beyond the schedule date for successful 'Completion of all Facilities under the Package. However, in case of delay in completion of the facilities covered under the package, the validity of this advance Bank Guarantee shall be extended by the period of such delay. The proforma of the Bank Guarantee is enclosed in Section-VII - Bank Guarantee Form for Advance Payment.

Advance Payment for Civil works price components shall be released after certification of Engineer-in-Charge that the Contractor has brought to site the Safety equipments & Safety Personal Protective Equipments as per minimum quantity specified in the Bidding Documents. In case the Contractor decides not to take advance payment, the first progressive payment for Installation services price component shall be released after certification of Engineer-in-Charge that the Contractor has brought to site the Safety equipments & Safety Personal Protective Equipments as per minimum quantity specified in the Bidding Documents.

397

APPENDIX – 1

Page 8 of 15

(II) Seventy-Five Percent (75 %) of the total Civil Works Price Component of Contract Price shall be paid progressively on certification by the Project Manager for the quantum of work completed/Milestones achieved and by Project Manager's field quality surveillance representative for the successful completion of quality check points involved in the quantum of work / Milestones billed.

The release of first progressive payment for Civil Works shall also be subject to submission of documentary evidence by the Contractor towards having taken the insurance policy(ies) in terms of relevant provisions of GCC Clause 34 (Insurance) and acceptance of same by the Project Manager.

(III) Two Point Five Percent (2.5%) of Civil Works Component of contract price shall be paid

on successful commissioning of entire Solar Photo Voltaic Plant on certification by the Project Manager.

(IV) Two Point Five Percent (2.5%) of Civil Works Component of contract price shall be paid on

Completion of the Facilities, as specified, and issuance of Completion Certificate by the Project Manager.

(V) Ten Percent (10 %) of Civil Works Component of contract price on successful completion

Performance Guarantee Tests of entire Solar Photo Voltaic Plant, as specified and issue of Operational Acceptance Certificate by the Project Manager.

(VI) Recovery of the interest component on the advance amount shall be made from the

progressive payments released to the Contractor as per E (II) above. The amount of interest to be recovered from a particular bill shall be calculated @ 12.20% per annum on the value of advance corresponding to the %age of total progressive payment being released. The period for which the interest is to be calculated shall be reckoned from the date of release of the advance payment to the actual date of release of the said progressive payment or the expiry of the stipulated time frame for release of such progressive payment under the contract, whichever is earlier. The interest on the advance payment shall stand fully recovered on release of all the progressive payments. If the amount payable under any interim bill is not sufficient to cover all deductions to be made for interest on the advance payment and other sums deductible there from, the balance outstanding shall be recovered from the next payments immediately falling due.

Note: Further break-up of the above percentages for making payments for the billing

period shall be furnished by contractor and will be discussed and agreed to by the Employer in the Billing Break-up.

398

APPENDIX – 1

Page 9 of 15 In case the Civil Works Price (including Site Fabricated Structural Works Price) is more than 20% of the Ex-works Price of Main Equipment, the amount by which it is higher shall be retained while releasing progressive payments due on completion of civil works (including Site Fabricated Structural works), and no interest shall be payable on the retained amount. The aforesaid retained amount shall be paid along with payment due on completion of Trial Operation / Completion of Facilities.

F. Operation and Maintenance Charges

After completion of trial run as defined in bid documents, operation and maintenance charges including all consumable, spares and equipments included in operation and maintenance charges shall be paid on pro-rata basis every three month on the certification of completion of work by Project Manager.

G. Payment terms for Price Adjustment Amount

NOT APPLICABLE

H. Schedule - 6: Payment Terms for Taxes & Duties 100% of applicable Taxes and Duties which are payable by the Employer under the Contract shall be paid/reimbursed to the Contractor upon receipt of equipment /spare/services and on production of satisfactory documentary evidence by the Contractor. However, GST as applicable on Advance payment shall be paid to the Contractor along with the Advance sanctioned. The GST paid along with the advance shall be adjusted prorata against the tax due upon supply of goods/services, based on the value of the respective goods/services.

I. Additional Advance Payment:

An Additional Advance upto 5% of the Ex works/Installation Services (including Civil Works) price component, apart from the Advance already provided for in the specified Terms of Payment, may be paid to the Contractor which shall be interest bearing and against Bank Guarantee of 110% of the advance requested and covering the interest charges. The advance amount shall be provided during various phases of Contract execution to meet the requirement of payment by the Contractor to the contractor’s sub- vendors/sub-contractors but in aggregate shall not exceed 5% of the Ex- works/Installation Service (including Civil Works) Price Component. The advance amount shall be released in Indian Rupees only and Tax implication, if any, shall be to the account of the Contractor. While applying for advance under this provision, the contractor shall provide a statement of past payment utilization evidencing the need for cash flow support and also plan for utilization of the amount requested as per above. The advance shall be provided in exceptional circumstances to enable work to be carried out. The advance amount shall be transferred to an ESCROW account (to be opened by the Contractor in any Scheduled Bank of India under intimation to the Employer) and after availing the advance, the contractor will be required to submit proof of utilization, as per the recovery plan submitted to REMCL.

399


The advance amount shall be interest bearing and rate of interest to be notified by REMCL from time to time. This advance shall not be lumpsum advance but shall be provided in phase to tide over the financial constraints being faced by the contractor, along with the progress of work. The requirement of this advance shall be with the approval of the REMCL Head of Project.

The recovery of the interest component on the advance amount shall be made from subsequent progressive payment to be released to the contractor.

The period for which the interest to be calculated, shall be reckoned from the date of release of the Additional Advance(s) to the actual date of release of subsequent progressive payments as per the Plan to be agreed with the Contractor.

The advance amount shall be recovered from the milestone payment to be agreed between Employer and the Contractor. A sample format of Tri-Partite Escrow agreement (between Employer, Contractor and Escrow Bank) is enclosed for reference at Annexure-3.

400


PAYMENT PROCEDURES

The Procedures to be followed in making application for, certifying and making payments shall as follows:

1. Payment Schedule/Price Break-up for Payments

1.1 The Contractor shall prepare and submit to the Employer for approval, a break- up of the

Contract Price. Such breakup of the Contract Price shall indicate the component of Entry Tax included in the Contract Price Separately. The Contract Price break-up shall be interlinked with the agreed detailed PERT network of the Contract setting forth starting and completion dates for the various key phases of the Facilities. Any payment under the Contract, subsequent to Advance payment, shall be made only after the Contractor's price break-up is approved by the Employer. The aggregate sum of the Contractor's price break-up shall be equal to the total Contract price.

The Billing Breakup for Mandatory Spares shall be submitted to the Employer for approval as per the format enclosed as Annexure to this Appendix indicating therein the details such as Make, Model number, Drawing/Datasheet number and Part number of all spare items. The relevant drawings/documents shall be submitted along with the Billing Break Up.

The Contractor shall, by the 15th April of every year, furnish the BBU value of supplies sourced from Micro and Small Enterprises (MSEs) along with the total BBU value of supplies dispatched by it during the preceding financial year as per the format enclosed as Annexure to this APPENDIX-1.

2. Application for Payment

2.1 The Contractor shall submit application for the payment in the proforma enclosed.

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

order of the Payment Schedule, particulars of the Facilities executed, including Facilities executed at Site and of the equipment shipped/brought on to the Site pursuant to the Contract upto the date mentioned in the application and for the period covered since the preceeding certificate, if any.

2.3 Every interim payment certificate shall certify the Contract Value of the Facilities executed

upto the date mentioned in the application for the payment certificate, provided that no sum shall be included in any interim payment certificate in respect of the Facilities that according to the decision of the Project Manager, does not comply with the Contract or has been performed at the date of certificate prematurely.

401

3. Due Dates for Payment


3.1 The advance payment amount shall be payable after fulfillment of all the conditions laid down in the Terms of Payment (Appendix 1 to the Contract Agreement) and receipt of the Contractor's invoice along with all necessary supporting documents for such advance payment. Employer will make progressive payments as and when the payment is due as per the Terms of Payment set forth in Appendix 1 to the Contract Agreement. Progressive payment other than that under the letter of credit will become due and payable by the Project Manager within forty five (45) days from the date of receipt of Contractor's bill/ invoice/ debit n o t e by the Employer, provided that the documents submitted are complete in all respects.

4. Mode of Payment

4.1 The Employer will establish an irrevocable Letter of Credit (L/C) in favour of the Contractor

through the Employer's Bank in Employer's country for payments due, as per Terms of Payment, on dispatch of equipment i.e. Ex-Works dispatch of plant and equipment including mandatory spares covered in Schedule -1. The value of L/C will be as per dispatch schedule for each quarter of year and the L/C shall remain valid for one quarter of a year. It will be the responsibility of the Contractor to utilise the L/C to the fullest extent. In case L/C has been established by the Employer and not utilised fully/partially by the Contractor, for reasons of delay attributable to him, all reinstatement charges for the L/C for further period necessitated due to non-utilisation of L/C will be to the account of the Contractor.

4.2 The payment of the advance amount, Type Test Charges if any, Price Adjustment amounts,

all other supply payments, taxes and duties (wherever admissible), inland transportation, insurance and installation portion of the Facilities shall be made direct to the Contractor by the Employer and no L/C shall be established by the Employer for such payments.

5. For payments related to Erection/Civil/Structural works

(i) The Contractor shall maintain a separate account with a Scheduled Bank at Site for

the purpose of receiving all the payments under the Contract(s) and for utilization of payments received from the Employer for disbursement to subcontractors, sub-vendors, PRW's etc., of the Contractor. The Contractor shall maintain separate books of accounts for all payments under this Contract and the Project Manager shall have access to these at all times.

(ii) Account Tracking Mechanism

In case the Contractor wants to withdraw funds from the above bank account for any purposes other than the Contract, he shall be required to submit an undertaking to the Project Manager certifying that all due statutory payments, labour payments and payments to all his sub-contractors have been disbursed corresponding to the total payment received by him under the Contract.

402


For tracking of payments received from the Employer, the Contractor shall also submit a monthly statement by 7th of every month certifying the transactions pertaining to the above account along with the purpose of such transactions. In case the Contractor transfers funds for any purposes other than the Contract, without prior consent of the Employer, it will constitute a breach of Contract by the Contractor.

(iii) In case the Contractor violates the above provisions, Employer will have the right

to give suitable instructions to the Bank to regulate/freeze the account.

6. Based on the authorization from the contractor, Employer may also consider the direct payment to the sub-contractor(s)/ Sub-vendor(s) from the due payments to the contractor.

403


FORM OF APPLICATION FOR PAYMENTS

Project :

Equipment Package : Date : Name of Contractor : Contract No. : Contract Value : Contact Name : Unit Reference : Application Serial

Number : To.

........................................................... * (Name of Employer)

Dear Sir

APPLICATION FOR PAYMENT #

1. Pursuant to the above referred Contract Agreement dated .................................... the undersigned hereby applies for payment of the sum of.................................................................... ( In Indian Rupees).

2. The above amount is on account of: (check whichever applicable) Advance payment (Schedule **)

Progressive payment against despatch of equipment (Schedule **), Progressive payment against despatch of mandatory spares (Schedule **), Progressive payment against receipt of equipment (Schedule **), Progressive payment against receipt of mandatory spares (Schedule **), Progressive payment against Erection (Schedule **), Progressive payment against Civil and Allied Works (Schedule **), Progressive payment against Operation & Maintenance (Schedule **), Payment against Inland transportation (Schedule **) including inland transit Insurance

404


Payment against Taxes & duties (Schedule **) Payment against Price adjustment (Schedule **) Extra work not specified in contract

(Ref. Contract change order No ....................................... ) Others (specify) Final payment (Schedule **)

as detailed in the attached schedule(s) which form an integral part of this application.

3. The payment claimed is as per item(s) No (s)....................... of the payment

schedule annexed to the above mentioned Contract.

4. The application consists of this page, a summary of claim statement (Schedule **), and the following signed schedules

1

2

3

The following documents are also enclosed:

1

2

3

Signature of Contractor/ Authorised Signatory

* Application for payment will be made to 'Project Manager' as to be designated for this purpose at the time of Notification of Award.

# Separate applications are to be prepared for claims in different currencies.

** Proforma for the Schedules will be mutually discussed and agreed to during

the finalisation of the Contract Agreement.

405

ANNEXURE-1 TO APPENDIX-1

Sl.No. Description Quantity Unit Unit Price

Total Price

Equipment Make

Equipment Model

Drawing / Documents/Data Sht no.

Part No. Remarks

BILLING BREAKUP (BBU) …………………………………… NO. :

CONTRACTOR : …………………….. ………………………………… BILLING BREAK UP FOR MANDATORY SPARES …………………………….

PACKAGE: TITLE : NOA REF :

……………………. CLIENT : PROJECT : …………………………………

406

Annexure-2 to APPENDIX-1

Proforma for details to be furnished by the Contractor by 15th April of every financial year of supplies sourced from MSEs dispatched during the preceding financial year. Package Name: Project Name: Name of the Contractor: COA No.:

Details of BBU value of supplies dispatched during the preceding financial year …… are furnished here below:

BBU value of total supplies dispatched

(A) (in eqvt INR)

Out of the total supplies dispatched, BBU value of supplies sourced from MSEs

(B) (in eqvt INR)

Percentage of supplies sourced from MSEs wrttotal supplies dispatched

(C = B*100/A) (%)

……………………..

………………………

…………………….

In case of no supplies sourced from MSEs, mention ‘NIL’.

I, on behalf of M/s ................. (Contractor) hereby declare that the information furnished above is correct.

Signature……………… Name………………….. Designation and Seal……………………….

407

Annexure-3 to Appendix-1

Page 1 of 17

(A sample Format of Escrow Agreement)

(To be executed on Non- Judicial Stamp Paper of Appropriate Value)

ESCROW AGREEMENT

ESCROW AGREEMENT (hereinafter referred to as this “Agreement”) is entered into on this the day of 20 at .

BETWEEN: M/S _ _ a Company incorporated under the laws of and having its principal place of business at (hereinafter referred to as the “Employer", which expression shall, unless it is repugnant to the subject or context thereof, include its successors and assigns) of the FIRST PART;

AND

M/S _ _ a Company incorporated under the laws of and having its principal place of business at (hereinafter referred to as the “Contractor", which expression shall, unless it is repugnant to the subject or context thereof, include its successors, transferees and permitted assigns) of the SECOND PART;

AND

M/S , a body corporate incorporated under the laws of India and a banking company within the meaning of Section 5 (c) of the Banking Regulation Act, 1949 (10 of 1949) and having its registered office at in its capacity as the Escrow Agent for the Contractor (hereinafter referred to as the "Escrow Bank", which expression shall, unless it be repugnant to the subject or context thereof, include its successors and permitted assigns) of the THIRD PART.

The Employer, the Contractor and the Escrow Bank are individually referred to as “Party” and collectively as “Parties”.

408

Annexure-3 to Appendix-1 Page 2 of 17

WHEREAS:

A. The Employer vide Bidding Documents No.__ _ (“Tender”)had invited bids for (“Package”)for _(“Project”).

dated

B. Accordingly, the said “Contractor”, submitted its bid in response to the above mentioned NIT.

C. Pursuant to the

Bidding Documents and the bid submitted by the Successful Bidder / Contractor,

the Employer issued the Notification of Award dated _bearing no._ (“Notification of Award”) and executed Contract Agreement Reference No. _ dated (hereinafter called Contract).

D. In terms of Clause of the Contract/ General Conditions of Contract/ Special Conditions of Contract, the Contractor is required to open and maintain separately an Escrow Account with the Escrow Bank.

E. The Contractor have approached _Bank to act as an escrow agent and the Bank has agreed to act as the Escrow Bank under this Escrow Agreement; and

F. Accordingly, Parties are desirous of executing this Escrow Agreement to set out the manner and procedure for operation of the escrow account and other matters in connection therewith.

G. Additional Advance related to Ex works/Installation Services (including Civil Works) under the Contract will be released by the Employer to the Contractor in the Escrow Account. The Contractor is required to make payment to suppliers of goods and services, statutory authorities, establishment expenses etc as may be required in the successful performance of the Contract.

H. The Contractor is required to utilise the money collected in the Escrow Account in accordance with the waterfall mechanism set out in this Agreement.

I. In view of the aforesaid, the mutual covenants, and understandings setforth herein, the Parties wish to enter into this Agreement for setting out the terms and conditions to deal with all payments in accordance with the requirements set out in the Bid Document.

409


NOW, THEREFORE, in consideration of the premises herein set forth and other good and valid consideration, the receipt and adequacy of which are hereby expressly acknowledged, the Parties with the intent to be legally bound hereby agree as follows:

1. DEFINITIONS AND INTERPRETATION

1.1 DEFINTIONS

In this Agreement the following words and expressions shall, unless repugnant to the context or meaning thereof, have the meaning hereafter respectively assigned to them.

Applicable Law means all applicable statutes, laws, by – laws, rules, regulations,

orders, ordinances, protocols, codes, guidelines, policies, notices, directions, judgments, decrees or other requirements or official directive of any governmental authority or court or other law, rule or regulation, approval from the relevant governmental authority, government resolution, directive, or other government restriction or any similar form of decision of, or determination by, or any interpretation or adjudication having the force of law in India.

Business Day means a day other than a Sunday or a bank holiday on which banks are normally

open for business during banking business hours in Delhi, India.

Contractor shall have the meaning as ascribed to it in Second Part

Employer shall have the meaning as ascribed to it in First Part.

Escrow Account shall mean the account in the name and style of “ _” opened and maintained by the Contractor in terms of Clause _ of the Contract/ General Conditions of Contract/ Special Conditions of Contract with the Escrow Bank and operated in terms of this Escrow Agreement.

Escrow Agreement shall mean this agreement, together with the schedules hereto, as may be

amended, modified or supplemented from time to time, in accordance with its terms.

Escrow Bank shall have the meaning as ascribed to it in Third Part.

Notification of Award shall have the meaning as ascribed to it in Recital C.

Package shall have the meaning as ascribed to it in Recital A.

Project shall have the meaning as ascribed to it in Recital A.

410


Tender shall have the meaning as ascribed to it in Recital A.

1.2 PRINCIPLE OF CONSTRUCTIONS

In this Agreement, unless the context otherwise requires:

(a) reference to an Account includes a reference to any sub – account of that Account;

(b) reference to an "amendment" includes a supplement, modification, novation, replacement or re-enactment and "amended" is to be construed accordingly;

(c) a reference to "authorization" includes an authorization, consent, clearance,

approval, permission, resolution, license, exemption, filing and registration;

(d) a reference to "control" includes the power to direct by contract or otherwise;

(e) unless the context otherwise requires, the singular includes the plural and vice versa;

(f) a reference to a Schedule is, unless indicated to the contrary, a reference to a

schedule to this Agreement;

(g) the words "other", "or otherwise" and "whatsoever" shall not be construed ejusdem generis or be construed as any limitation upon the generality of any preceding words or matters specifically referred to;

(h) references to the word "includes" or "including" are to be construed without

limitation;

(n) all references to agreements, documents or other instruments include (subject to all relevant approvals) a reference to that agreement, document or instrument as amended, supplemented, substituted, novated or assigned from time to time;

(o) any reference to a public organization shall be deemed to include any successor to

such public organization or any organization or functions or responsibilities of such public organization;

(p) "year" "month" and "day" wherever used in this Agreement imply that of English

calendar;

411


(q) words and abbreviations, which have, well known technical or trade / commercial

meanings are used in the Agreement in accordance with such meanings;

(r) A reference to times and dates in this Escrow Agreement are references to times and dates in India.

(s) Any date or period as set out in any clause of this Escrow Agreement may be

extended with the written consent of the Parties.

(t) The Schedules form an integral and operative part of this Escrow Agreement and references to this Escrow Agreement shall include references to the Schedules.

2. APPOINTMENT OF ESCROW BANK

Each of the parties acknowledges that the Escrow Bank has been appointed under this Escrow Agreement and that it shall discharge its functions in accordance with the terms of this Escrow Agreement. Escrow Bank hereby accepts the escrow arrangement hereby declared and provided upon the terms and conditions set forth in this Escrow Agreement.

3. ESTABLISHMENT OF THE ACCOUNTS

The Contractor has established with the Escrow Bank an account with its branch, the details of which are provided in Schedule – II hereto, titled the "_ Account". The Contractor acknowledges and agrees that it shall maintain the Escrow Account.

4. OPERATING PROCEDURES

The Employer, the Contractor and Escrow Bank, have prior to execution of this Agreement agreed on the detailed terms and conditions and Operating Procedures for the Escrow Account (as set out in Schedule – III), provided however, in the event of any inconsistency between this Agreement and such mandates, terms and conditions or procedures, this Agreement shall prevail.

Based on the request from the Contractor, the Employer will approve the list of suppliers of goods and services, statutory authorities, establishment expenses etc. to whom payments could be made and the same shall be shared with the Escrow Bank from time to time.

All transfers and payments pursuant to this Agreement shall be in a manner consistent with the operating procedures.

412


The Escrow Bank shall submit to the Employer the usage of monies withdrawn from the Escrow Account together with a monthly statement from the Escrow Bank evidencing receipt and withdrawal of funds into and from the Escrow Account.

The Employer shall be entitled to verify the usage of funds withdrawn from the Escrow Account.

At any time the Employer is entitled to seek an account statement from the Escrow Bank and such evidence of usage of funds by the Contractor from the Escrow Account as required by the Employer.

5. OBLIGATIONS OF THE CONTRACTOR

Nothing contained in this Agreement shall affect the obligations of the Contractor under the Bid Documents or Contract Agreement as set out above.

The Contractor shall simultaneously deliver a copy to the Employer of any notice or document delivered to the Escrow Bank pursuant to this Agreement.

6. ESCROW BANK SERVICE CHARGES AND EXPENSES

The Contractor shall pay, on demand, all the usual and customary service charges, transfer fees, account maintenance, account acceptance, statement, investigation, funds transfer and any other charges as are levied by the Escrow Bank as mutually agreed and such other out of pocket expenses as are claimed by the Escrow Bank (collectively, the "charges") in connection with the Escrow Account. In addition the Contractor has agreed to pay one-time bank escrow service charges of Rs. _ plus applicable Goods and Service Tax. Contractor shall deposit the one- time bank escrow service charges in to the Escrow Account within three Business Days of the opening of the Escrow Account and/ or shall deposit the charges from time to time of such demand by the Escrow Bank. In the event Contractor fails to make the timely payment to the Escrow Bank of the one-time bank escrow service charges and/or the charges, the Escrow Bank shall have the right to withdraw such amounts from the Escrow Account as is necessary for the payment of the one-time bank escrow service charges and charges, in which case Contractor shall replenish the Escrow Account with such amounts equivalent to the amounts withdrawn by the Escrow Bank within _ Business Days of such withdrawal.

7. ESCROW BANKS’S DUTIES AND LIABILITIES

7.1 The Escrow Bank shall have only those duties, obligations and responsibilities expressly

specified in this Escrow Agreement and shall have no duties, obligations or responsibilities which are implied or inferred by law or otherwise.

7.2 The duties of the Escrow Bank under this Escrow Agreement are purely ministerial, administrative and non-discretionary in nature. Neither Escrow Bank nor any of its directors,

413


officers, agents and employees shall, by reason of anything contained in this Escrow Agreement, be deemed to be a trustee for or have any fiduciary relationship with the parties. Where the Escrow Bank has acted in accordance with this Escrow Agreement, it shall be deemed to have acted as if instructed to do so by the Employer

7.3 The Escrow Bank shall not be required to expend or risk any of its own funds or otherwise incur any liability, financial or otherwise, in the performance of any of its duties under this Escrow Agreement.

7.4 The Escrow Bank shall not be precluded by virtue of this Escrow Agreement (and neither shall

any of its directors, officers, agents and employees or any company or persons in any other way associated with it be precluded) from entering into or being otherwise interested in any banking, commercial, financial or business contacts or in any other transactions or arrangements with the parties or any of their affiliates provided such transactions or arrangements are not contrary to the provisions of this Escrow Agreement.

7.5 The Escrow Bank shall not be bound or affected, in its capacity as Escrow Bank, in any way by

the Agreement or any agreement or contract between Parties to which the Escrow Agent is not a party. The Escrow Bank, in its capacity as an escrow bank, is deemed not to have any knowledge of any provision of the Agreement or any other document unless the substance of such provisions is explicitly set forth in this Escrow Agreement. The Escrow Bank shall not in any way be required to determine whether or not the terms and conditions of the Agreement or any other agreement or contract between the Parties to which the Escrow Bank is not a party have been complied with. Furthermore, the Escrow Bank is deemed not to have any knowledge or notice of any fact or circumstance not specifically set forth in this Escrow Agreement.

7.6 The Escrow Bank may, in good faith, accept and rely on any notice, instruction or other

document received by it under this Escrow Agreement as conclusive evidence of the facts and of the validity of the instructions stated in it and as having been duly authorised, executed and delivered and need not make any further enquiry in relation to it. The Escrow Bank may act in conclusive reliance upon any instrument or signature believed by it, acting reasonably, to be genuine and may assume, acting reasonably, that any person purporting to give receipt, instruction or advice, make any statement, or execute any document in connection with the provisions of this Escrow Agreement has been duly authorised to do so. The Escrow Bank shall be under no duty to inquire into or investigate the validity, accuracy or content of any such document.

7.7 The Escrow Bank shall not be liable to any person for any losses arising out of or in connection

with the performance or non-performance of its obligations under this Escrow

414


Agreement, except to the extent directly resulting from the wilful default or gross negligence of the Escrow Bank.

7.8 The Escrow Bank may execute any of its powers and perform any of its duties under this Escrow

Agreement directly or through appointed agents or attorneys.

7.9 ‘Force Majeure Event’ means any event (including but not limited to an act of God, fire, epidemics, natural calamities; riots, civil commotion or unrest, terrorism, war, strikes or lockouts; expropriation or other governmental actions; any changes in applicable law or regulation including changes in market rules, currency restrictions, devaluations or fluctuations; market conditions affecting the execution or settlement of transactions or the value of assets; and breakdown, failure or malfunction of any telecommunication and information technology systems beyond the control of any Party which restricts or prohibits the performance of the obligations of such Party contemplated by this Agreement.

The Escrow Bank shall not be held liable for any loss or damage or failure to perform its obligations hereunder, or for any delay in complying with any duty or obligation, under or pursuant to this Agreement arising as a direct or indirect result of any Force Majeure Event.

7.10 The Escrow Bank may at its cost, consult with, and obtain advice from its lawyers or professional advisers over any question in relation to, and its duties under this Escrow Agreement. The Escrow Bank shall not incur any liability for taking any action or omitting any action in accordance with such advice.

7.11 The Escrow Bank does not have any proprietary or other interest in the Escrow Account, but is

to serve as escrow holder only and having only possession thereof. 7.12 The Escrow Bank shall not be liable or responsible for obtaining any regulatory or governmental

or other approval in connection with or in relation to the transactions contemplated herein and shall not be in any manner obliged to inquire or consider whether any regulatory or governmental approvals have been obtained.

7.13 The Escrow Bank shall not be obliged to supervise, control or perform any acts or

responsibilities of the First Party or the Second Party or any other third party. 7.14 Any act to be done by the Escrow Bank shall be done only on a Business Day, during

banking business hours, at _, India and in the event that any day on which the Escrow Bank is required to do an act, under the terms of this Escrow Agreement, is a day on which banking business is not, or cannot for any reason be conducted, then the Escrow Bank shall do those acts on the next succeeding Business Day.

415


7.15 The Escrow Bank is under no duty to ensure that funds withdrawn from the Escrow Account are actually applied for the purpose for which they were withdrawn; neither the Escrow Bank nor any of its officers, employees or agents shall be required to make any distribution to the extent that the Escrow Amount is insufficient and shall incur no liability whatsoever from any non-distribution in such circumstances.

7.16 The Parties agree that the Escrow Bank shall not be, in any way, responsible or liable to the other Parties or any third person whosoever, for deduction or withholding of any taxes in relation to the transaction for which the Escrow Account has been established pursuant hereto and the contractor acknowledge and confirm that they shall be solely and absolutely liable for any and all deductions or withholdings and payments of taxes, levies, cesses and all other statutory dues in relation thereto. The Contractors confirm that they shall be, jointly and severally, liable for payment of all stamp duties payable in relation to this Agreement as well as any other instruments executed pursuant hereto and the Escrow Bank shall not be responsible or liable for the same, under any circumstances.

7.17 The Parties agree that Escrow Bank is acting in its capacity as an escrow agent only and shall not be deemed to act as an investment, legal or tax adviser to the Parties in the performance of its obligations under the Escrow Agreement.

7.18 Notwithstanding what is stated herein, in no event shall the Escrow Bank be liable for incidental, indirect, special, punitive or consequential damages caused to the Parties.

8. NOTICE OF BREACH

The Escrow Bank to the best of its knowledge undertakes to the Employer that it shall notify the Employer of any breach by the Contractor of any of the provisions of this Agreement.

9. INDEMNITY

The Contractor shall indemnify and keep indemnified the Parties for any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses, claims or disbursements of any kind or nature whatsoever which may be imposed upon, incurred by or asserted against the Parties in any way in connection with or arising out of the negotiation, preservation or enforcement of any rights under, or in carrying out its duties under this Agreement, other than those arising as a result of the Escrow Bank's gross negligence or willful default.

The Contractor shall indemnify and keep indemnified the Escrow Bank for any and all liabilities, obligations, losses, damages,

(a) acting upon any request sent by facsimile, if such facsimile was found to be sent in an unauthorized manner; or

416


(b) not acting upon any request if such facsimile was sent but not received by the concerned person of the Account Bank.

The obligations of the Contractor under this Agreement to indemnify and keep indemnified the parties shall survive the satisfaction, discharge or other termination of this Agreement and the resignation or removal of the Escrow Bank under this Agreement.

10. CONFIDENTIALITY

No Party may except as permitted by this Escrow Agreement, make public or disclose to any person any information about this Escrow Agreement.

The Obligations under this clause shall survive the termination or expiry of this agreement.

11. ASSIGNMENT

Save as provided in Clause __ of the General Conditions of the Contract of the Employer, the Contractor shall not assign or transfer any part of their respective rights or obligations under this Agreement without the prior consent of the Employer, provided that this shall not prevent Employer from assigning or transferring its rights under this Agreement.

Nothing in this Agreement shall give to any other Person (other than the Parties hereto and their successors and permitted assigns) any benefit or any legal or equitable right or remedy under this Agreement.

This Agreement shall be binding on and shall inure to the benefit of the Parties hereto and the respective successors and permitted assigns.

12. NOTICES

All notices or other communications to be given under this agreement shall be made in writing to:

For the Employer:

(Name of the Employer)

Attention (Designation of Employee)_ Address

. Fax No. Tel No.

417


For the Contractor:

(Name of the Contractor)

Attention (Designation of Employee) Address

--. Fax No. Tel No. _

For the Escrow Bank:

(Name of the Escrow Bank)

Attention (Designation of Employee) Address

--. Fax No. Tel No. _

Change of Address

Any Party may by notice change the addresses and / or addresses to which such notices and communications are to be delivered or mailed. Such change shall be effective when all the Parties have written notice of it.

14. WAIVER

No failure or delay on the part of the Employer in exercising any right, power or privilege hereunder or under Contract shall impair any such right, power or privilege or operate as a waiver the Employer would otherwise have. No notice to or demand on the Contractor in any case shall entitle the Contractor to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Employer to any other or further action in any circumstances without notice or demand.

418

15. SEVERABILITY


If any provision of this Agreement is held invalid, unenforceable or illegal, the offending provision shall be severed from this Agreement and the remaining parts of this Agreement shall remain in full force and effect.

16. AMENDMENTS

No amendment to this Agreement shall be binding unless in writing and signed by the Parties.

17. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with Indian laws.

18. DISPUTE RESOLUTION

In the event of any difference or dispute arising out of the interpretation or application of the provisions of this Agreement, the Parties shall immediately consult each other with the view to expeditiously resolve such differences or disputes in a spirit of mutual understanding and co-operation. In case a dispute is not resolved amicably between the parties within a period of 30 days;

In case any of the party is not a Public Sector Enterprise or a Govt. Department:

The same shall be referred to arbitration of a Sole Arbitrator to be appointed by the Employer. The Arbitration proceedings shall be conducted in accordance with Arbitration and Conciliation Act, 1996 and any amendment thereto. The Courts at Delhi, to the exclusion of all other courts in India, shall have exclusive jurisdiction to try any matter arising out of or connected with the said arbitration proceedings. The arbitration shall be in English and the venue of the arbitration proceedings shall be at New Delhi. Arbitration may commence prior to or after completion of the Contract.

In case the Parties are Public Sector Enterprise or a Government Department:

In case the parties are a Public Sector Enterprise or a Government Department, the dispute shall be referred for resolution in Permanent Machinery for Arbitration (PMA) of the Department of Public Enterprise, Government of India. Such dispute or difference shall be referred by either party for Arbitration to the sole Arbitrator in the Department of Public Enterprise to be nominated by the Secretary to the Government of India in-charge of the Department of Public Enterprises. The award of the Arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law

419


Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon such reference the dispute shall be decided by the Law Secretary or the Special Secretary / Additional Secretary, when so authorized by the Law Secretary, whose decision shall bind the Parties finally and conclusively. The Parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator.

19. JURISDICTION

The parties irrevocably submit to exclusive jurisdiction of the Courts of Delhi in all matters arising under this Agreement.

20. REGULATORY APPROVALS

The Contractor shall procure and shall thereafter maintain and comply with all regulatory approvals required for the establishment and operation of the Accounts and the making of any deposits, transfers or withdrawals and for the performance of its obligations under this Agreement.

21. NOTIFICATION OF BALANCES

Within _ days following the end of each calendar month, the Escrow Bank shall notify the Employer of the balance in the Account and furnish a statement of the deposits into and payment out of the Accounts at the close of business of such calendar month.

22. COUNTERPARTS, ANNEXURES, SCHEDULES

This Agreement may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.

23. MISCELLENOUS

The Escrow Bank shall be responsible for maintaining a correct and complete record of all transactions, deposits, withdrawals or transfer of funds relating to the Accounts.

The Escrow Bank shall not make any transfer or withdrawal from the Escrow Account except as provided for in this Agreement.

EMPLOYER CONTRACTOR ESCROW BANK

420


SCHEDULE – I

1. First Part Details:

2. Second Part Details;

3. Third Part Details;


421


SCHEDULE – II

DETAILS OF ESCROW ACCOUNT


Particulars and Address of the Branch Office of the E scrow Bank for the Escrow Account IFSC Code Account Name and Account Number of Escrow Account

422


SCHEDULE – III

TERMS & CONDITIONS AND

OPERATING PROCEDURES

D eposits into Escrow Account

• Additional advance Payments related to Ex works/Installation Services (including Civil Works) under the Contract will be released by the Employer to the Contractor in this Escrow Account as per the provisions agreed in the Contract.

R elease/ Withdrawal of Funds from the Escrow Account

• Based on the request from the Contractor, the Employer will approve the list of suppliers of goods and services, statutory authorities, establishment expenses etc. to whom payments could be made and the same shall be shared with the Escrow Bank from time to time for releasing the funds.

Note: Detailed Operating Procedure in this schedule, shall be finalised between Employer, Contractor & Escrow Bank at the time of signing of this Agreement.

IN WITNESS WHEREOF the Contractor has caused its Common Seal to be affixed hereto on the date first above written, the Employer, and the Escrow Bank have caused the same and the said counterparts to be executed by the hand of an authorized official.

SIGNED AND DELIVERED BY …… (Name of Employer), the within named EMPLOYER, by the hand of _ authorized representative of the Employer, who has been authorized to execute this Agreement.

THE COMMON SEAL OF M/s_ the within named CONTRACTOR, has pursuant to the Resolutions of its Board of Directors passed in that behalf on

hereunto been affixed in the presence of MD and Company Secretary who has signed these presents in token thereof

423


SIGNED AND DELIVERED BY , the within named ESCROW BANK, by the hand of

………………………….……….

Its Authorised Representative.


424

APPENDIX – 2

Page 1 of 1

PRICE ADJUSTMENT

The total price for the entire scope of work (covered in the Bidding Documents) is on Firm Price Basis and the Price shall remain Firm during entire period of Contract.

425

INSURANCE REQUIREMENTS

(I) Insurance to be taken by the Contractor:


In accordance with the provisions of GCC Clause 47, the Contractor shall at his expense take out and maintain in effect, or cause to be taken out and maintained in effect, during the performance of the Contract, the insurances set forth below in the sums and with the deductibles and other conditions specified herein. The identity of the insurers and the form of the policies shall be subject to the approval of the Employer, such approval not to be unreasonably withheld.

Insurance Amount insured Deductible Conditions

A. Marine Cargo (i) 110% of Ex-works value in (i) Employer to be named as case of plant & equipment coinsured including all spare parts (ii) Open policy supplied from within the (iii) All risk institute cargo clause Employer's Country. Not applicable 'A'

(iv) War, SRCC, terrorism. Institute (v) replacement clause,

special replacement clause (Air duty) and deferred unpacking clause

(ii) Applicable taxes and duties (vi) Insurers right of subrogation against all parties (excluding

Escalation 5% on carrier) waived. Warehouse to (iii) (i) & (ii) (vii) warehouse

basis.

B. Installation all (i) 110% of Ex-works value of Minimum as per (i) Installation risk, RSMTD, risk plant & equipment insurance including Earth quake cover Air

(ii) freight cover. policy (iii) Extra charge cover.

(ii) Applicable taxes and (iv) Maintenance cover duties (v) Contractor's plant & machinery

- Rs. 100 lakhs. Cross liability. (iii) Cost of indigenous (vi)

procurement (vii) Additional custom duty for imported machine (if any) for

(iv) 10% escalation on (i) (ii) & (iii) adequate value. (v) Cost of erection works (viii Employer & Contractor's (vi) 110% of Civil Works ) Sub-Contractor to be named

(including structural steel as co-insured. Works), Allied Works etc.

C. Third Party For any one occurance Nil (i) Contractors, sub-contractors to

liability Rs. 50.00 lakhs be named as co-insured. (Extension of MCE/EAR Policy)

426

APPENDIX – 3

Page 2 of 3

Insurance Amount insured Deductible Conditions

D. Automobile liability

(i) M.V. policy for motor vehicles, private cars & commercial vehicles -------------------------------------------------------------------------- As per local M.V. Act.

(ii) CPM policy for Anything above

heavy construction Rs.100 lakhs covered equipment under erection all risk policy

E. Workmen's Compensation As per statute

F. Employer's liability _As per Cumulative to workmen's statute compensation to cover liabilty not

covered thereby.

G. Group personal insurance, for contractor's & subcontractor's employees.

Note:

1. The Employer shall be named as co-insured under all insurance policies taken out by the Contractor pursuant to relevant clause of GCC except for Third Party Liability, Workman's Compensation and Employer's Liability Insurances and the Contractor's Sub-Contractors shall be named as co-insured under all insurances policies taken out by the Contractor pursuant to relevant clause of GCC , except for the Cargo insurance during transport, Workman's Compensation and Employer's Liability Insurances. All insurers’ rights of subrogation against such co- insured for losses or claims arising out of the performance of the Contract shall be waived under such policies.

2. Notwithstanding the insurance requirements mentioned above, it would be the

Contractor's responsibility to take adequate insurance cover as may be pertinent to protect his interest and interest of the Employer. If at any point of time during execution of the Contract, the insurance policies are found to be inadequate, the Contractor shall take fresh insurance policies meeting aforesaid requirements. The Employer reserves the right to make suitable recovery from the Contractor, if any.

3. Any loss or damage to the plant and equipment during handling, transportation,

storage, installation, Planning, Design & Engineering, commissioning, civil works (including structural steel works), allied works etc. and all activities to be performed till the "Completion of Facilities" shall be to the account of the contractor. The contractor shall be responsible for preference of all claims and make good the damages or loss by way of repairs and/or replacement of plant

427

APPENDIX – 3

Page 3 of 3

and equipment damaged or lost. Notwithstanding the extent of insurances cover and the amount of claim available from the underwriter, the contractor shall be liable to make good the full replacement/rectification of all the equipment/materials and to ensure their availability as per project requirement without additional financial liability to the Employer.

The insurance policy to be taken should be on replacement value basis and/or incorporating appropriate insurance clause.

The Contractor shall follow local acts and laws as may be prevalent for insurance.

4. Upon grant of extension of time for completion by Employer, the Contractor shall

promptly furnish documentary evidence to Project Manager towards extension of insurance policies for the period of time extension.

II) Insurances to be taken by the Employer.

The Employer shall take the insurance for its own employees, its stores and its machinery.

428


TIME SCHEDULE

1.0 It is clearly understood and agreed that time is the essence of this Contract and shall be strictly adhered to by the Contractor. The program of furnishing, installing, commissioning, completion of facilities and FOR site delivery of all mandatory spares, identifying the key phases in various areas of work like design, procurement, manufacture and field activities including erection works, Planning, Design & Engineering, civil works (including structural steel works), allied works etc. shall be as per Master network enclosed as Annexure-I to this Appendix-4 (The master network submitted by the Bidder as per Attachment-13 to Bid and as mutually discussed and agreed to before Notification of Award shall be enclosed as Annexure-I to Appendix-4 of Contract Agreement). As per this master network, the key milestones are as under. The period is commencing from the date of Notification of Award.

Refer BDS, Section-III

Further we confirm to carry out comprehensive Operation & Maintenance (O&M) of Solar Photo Voltaic Plant for Ten (10) years as specified in the Technical Specifications.

429

APPENDIX – 4

Page 2 of 3

2.0 After the Notification of Award, the Contractor shall plan the sequence of work of manufacture and erection, civil and allied works, Operation & Maintenance (O&M) to meet the above stated dates of successful completion of facilities and Guarantee test and shall ensure all work, manufacture, shop testing, inspection and shipment of the equipment in accordance with the required construction/ erection sequence.

3.0 Within one month of the Notification of Award, the Contractor shall submit to the Employer for his review and approval two copies (one reproducible and one print) of detailed PERT Network schedules with master network activities further exploded based on the Master Network mutually agreed by the Employer and the Contractor, showing the logic and duration of the activities covered in both the First and Second Contracts in the following areas:

Engineering, procurement, manufacturing and supply, detailed engineering, procurement (including bought out items), manufacturing, despatch, shipment, receipt at site, field activities related to erection works, commissioning and completion of facilities and O&M.

4.0 Further, all engineering data related to civil input, interface engineering details, requiring

employer's approval/information for items in the scope of Employer are to be given within the agreed schedule but in no case later than 45 days from the date of Notification of award. For bought out items, the contractor shall furnish the engineering input data to the employer within the agreed schedule but in no case later than 45 days from the date of placement of respective purchase order on the sub- vendors.

5.0 Detailed Manufacturing Programme

Detailed Manufacturing PERT Network for all the manufacturing activities at Contractor's/sub-Contractor's works shall also be furnished within 60 days of Notification of Award. The manufacturing network shall be supported by detailed procurement programme for critical bought out item/raw materials.

6.0 Pre-Erection Activity Programme

The erection network will be supported by detailed Pre-erection activity programme covering the following:

A) Manpower Deployment

B) T&P Mobilisation

C) Detailed Site Mobilisation

430

APPENDIX – 4

Page 3 of 3

Any Tools & Plants (T&P) required for satisfactory execution of the contract and to meet the time schedule specified in this Appendix-4 shall be mobilised by the Contractor as per the directions of Project Manager without any extra cost to the Employer. (The list of such essential Tools & Plants (T&P) to be deployed by the Contractor, if any finalized before Notification of Award, shall be enclosed as Appendix-4B to this Appendix-4).

7.0 Within one week of approval of the network schedule, the Contractor shall forward to the

Project Manager, copies of the Computer Initial run-Data. The type of outputs and number of copies of each type to be supplied by the Contractor shall be determined by the Project Manager.

8.0 All the networks shall be updated every month or at a frequency mutually agreed upon.

Within seven days following the Monthly Review, a progress meeting shall be held, wherever possible at the works, wherein the major items of the plant or equipment are being produced. The meeting will be attended by the Project Manager and responsible representative of Contractor that the Project Manager consider necessary for the Meeting.

9.0 Access to the Contractor's and Sub-Contractor's work shall be granted to the Project

Manager at all reasonable times for the purpose of ascertaining the progress.

431

ANNEXURE - I TO APPENDIX - 4 PAGE 1 OF 1

MASTER NETWORK

The Master Network as per para 1.0 of this Appendix-4 shall be enclosed as Annexure-I to Appendix-4 of Contract Agreement

432

APPENDIX - 5 PAGE 1 OF 1

LIST OF SUB-CONTRACTORS

PART 1. Nominated Sub-Contractors

In the event the employer wishes to nominate any particular Sub-Contractors for the undertaking of any part or parts of the Works, these shall be identified and named by the Employer in the following schedule prior to the issue of the Bidding Documents.

Full details shall be given of the part of the Works to be executed, and the names and addresses of the Sub-Contractors to whom the part of the Works is to be sub- contracted by the Bidder. Where more than one name is given for any part of the Work, the Bidder shall be free to select any of the named Sub-Contractors for that part.

The Employer shall be responsible for ensuring that any Nominated Sub- contractor complies with the requirements of bidding documents, but the Bidder shall be responsible for ensuring that any work. Materials or Services to be provided by the Nominated Sub-Contractor comply with the requirements of bidding documents.

Item of Work Nominated Sub-Contractor

NIL PART 2 Approved Sub-Contractors

Prior to award of Contract the following details shall be completed indicating those Sub-Contractors proposed by the Bidder by Attachment to his Bid which are approved by the Employer for engagement by the Contractor during the performance of the Work.

The following Sub-Contractors are approved for carrying out the item of work indicated. Where more than one Sub-contractor is listed, the Contractor is free to choose between them but he must notify the Employer of his choice in good time prior to appointing any selected Sub-Contractor. In accordance with Clause SCC 19.1, the Contractor is free to submit proposals for additional Sub-Contractors from time to time. No Sub-Contracts shall be placed with any such additional Sub- Contractors until they have been approved in writing by the Employer and their names added to this list of Approved Sub-Contractors.

Item of Work Approved Sub-Contractors Nationality

433


SCOPE OF WORKS AND SUPPLY BY THE EMPLOYER- Not used

434


LIST OF DOCUMENTS FOR REVIEW AND APPROVAL

A. Approval

1.

2.

3.

B. Review

1.

2.

3.

Note: This list of documents required for approval/review by the Employer shall be as per attachment 9 to Bid Form (Technical Data Sheets duly filled in as per format enclosed in Bidding Documents) and as finalised during the contract stage.

435


FUNCTIONAL GUARANTEES

GUARANTEES, LIQUIDATED DAMAGES AND PERFORMANCE

1.0 The bidder shall guarantee that the equipment offered shall meet the rating and performance requirements stipulated for various equipment covered in this specification. The bidder shall also furnish a declaration in the manner prescribed and included in the relevant schedule of Bid Form & procedures Section-VII for guarantees which shall attract levy of liquidated damages for non performance. Refer relevant provisions of Technical Specification in this regard.

436

5. PERFORMANCE SECURITY FORM

437

5. Performance Security Form

(To be stamped in accordance with stamp Act if any, of the country of the issuing bank).

To, [Employer's Name & Address]

Dear Sirs,

Bank Guarantee No............. Date......................................

In consideration of the ....... [Employer's Name]........ (hereinafter referred to as the ‘Employer’ which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators and assigns) having awarded to M/s...... [Contractor's Name]............ with its Registered /Head Office at ............................ (hereinafter referred to as the ‘Contractor’, which expression shall unless repugnant to the context or meaning thereof, include its successors administrators, executors and assigns), a Contract by issue of Employer’s Notification of Award No. ................ dated........... and the same having been unequivocally accepted by the contractor, resulting into a Contract bearing No ................ dated ........... valued at ................... for ......................... [Name of the Contract]..................................... hereinafter called the Contract.............................. and the Contractor having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to ....... (*)....... % ( percent) of the said value of the Contract to the Employer.

We......................... [Name & Address of the Bank].................... having its Head Office at........................... (hereinafter referred to as the ‘Bank’, which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the Employer, on demand any and all monies payable by the Contractor to the extentof .................. (*).................... as aforesaid at any time upto ......................... (@)...................... [days/month/year] without any demur, reservation, contest, recourse or protest and/or without any reference to the Contractor. Any such demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Employer and further agrees that the guarantee herein contained shall be enforceable till the employer discharge this Guarantee.

The Employer shall have the fullest liberty, without affecting in any way the liability of the Bank under this guarantee, from time to time to extend the time for performance of the Contract by the Contractor. The Employer shall have the fullest liberty, without affecting this guarantee, to postpone from time to time the exercise of any powers vested in them or of any right which they might have against the Contractor, and to exercise the same at any time in any manner, and either to enforce or to forbear to enforce any covenants, contained or implied, in the Contract between the Employer and the Contractor or any other course or remedy or security available to the

438

Employer. The Bank shall not be released of its obligations under these presents by any exercise by the Employer of its liberty with reference to the matters aforesaid or any of them or by reason of any other act or forbearance or other acts of omission or commission on the part of the Employer or any other indulgence shown by the Employer or by any other matter or thing whatsoever which under law would, but for this provision, have the effect of relieving the Bank.

The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor, in the first instance without proceeding against the Contractor and notwithstanding any security or other guarantee that the Employer may have in relation to the Contractor’s liabilities.

Notwithstanding anything contained hereinabove our liability under this guarantee is restricted to .........................(*) ......................... and it shall remain in force upto and including .....................(@) ...................... and shall be extended from time to time for such period (not exceeding one year), as may be desired by M/s ....... [Contractor's Name} ............ on whose behalf this guarantee has been given.

Dated this......................... day of ................. 20.................. at...........................................

(Signature)............................

(Name)..................................

................................................. (Designation with Bank Stamp)

Attorney as per Power of Attorney No.......... Dated.........................

Notes: 1. (*) This sum shall be ten percent (10%) of the Contract Price.

(@) This date will be ninety (90) days after the end of Defect liability period of the last equipment covered in the Package.

2. The Bank Guarantee shall be from a Bank as per provisions of Section-V (SCC) of the bidding documents.

3. The BG should be on Non-judicial stamp-paper/ e-stamp paper of appropriate value as per stamp Act prevailing in the state (s) where the BG is submitted or is to be acted upon or the rate prevailing in the state where the BG is executed, whichever is higher. The stamp paper/ e-stamp paper shall be purchased in the name of bidder/ Bank issuing the guarantee.

4. While getting the Bank Guarantee issued, the contractor is required to ensure compliance to the points mentioned in Form 12-Form of Bank Guarantee Verification Check List. Further, the Contractor is required to fill up this Form 12 and enclose the same with the Bank Guarantee.

5. In case of Contract awarded to Joint Venture/Consortium, wherever [Contractor’s Name] is appearing, name of all the partners of JV/Consortium will be mentioned with the name of place of Registered/Head Office wherever applicable.

439

6. BANK GUARANTEE FORM FOR ADVANCE PAYMENT

440

Office at (hereinafter referred to as the ‘Bank’,

6a. Bank Guarantee Form for Advance Payment (Supply Ex-Works)

(To be stamped in accordance with Stamp Act if any, of the Country of the Issuing Bank)


Dear Sir,


In consideration of ........... [Employer's Name].......... (hereinafter referred to as the ‘Employer’, which expression shall, unless repugnant to the context or meaning thereof include its successors, administrators and assigns) having awarded to M/s........ [Contractor's Name]......... with its Registered/Head Office at............................... (hereinafter referred to as the ‘Contractor’ which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns), a Contract, by issue of Employer’s Notification of Award No. ........................... dated ................ and the same having been unequivocally accepted by the Contractor, resulting into a Contract bearing No. ................................ dated ............................... valued at

................................................................. for............................ [Name of Contract]........................... (hereinafter called the ‘Contract’) and the Employer having agreed to make an advance payment to the Contractor for performance of the above Contract amounting .............................. (in words and figures) as an Advance against Bank Guarantee to be furnished by the Contractor.

We........ [Name and address of the Bank] .............. having its Head

....................................................

which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the Employer, immediately on demand any or, all monies payable by the Contractor to the extent of .....[advance amount plus GST].........

as aforesaid at any time upto .............................. (@).......................

without any demur, reservation, contest, recourse or protest and/ or without any reference to the Contractor. Any such demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. We agree that the guarantee herein contained shall be irrevocable and shall continue to be enforceable till the Employer discharges this guarantee.

The Employer shall have the fullest liberty without affecting in any way the liability of the Bank under this guarantee, from time to time to vary the advance or to extend the time for performance of the Contract by the Contractor. The Employer shall have the fullest liberty without affecting this guarantee, to postpone from time to time the exercise of any powers vested in them or of any right which they might have against the Contractor, and to exercise the same at any time in any manner, and either to

441

enforce or to forbear to enforce any covenants, contained or implied, in the Contract between the Employer and the Contractor or any other course or remedy or security available to the Employer. The Bank shall not be released of its obligations under these presents by any exercise by the Employer of its liberty with reference to the matters aforesaid or any of them or by reason of any other act or forbearance or other acts of omission or commission on the part of the Employer or any other indulgence shown by the Employer or by any other matter or thing whatsoever which under law would but for this provision, have the effect of relieving the Bank.


Notwithstanding anything contained hereinabove our liability under this guarantee is limited to .......[advance amount plus GST].......... and it shall remain in force upto and including ............................(@) .............................. and shall be extended from time to time for such period (not exceeding one year), as may be desired by M/s .... [Contractor's

Name]......on whose behalf this guarantee has been given.

Dated this ............................. day of ...................... 20 .............. at............... .

(Signature)............................

(Name)..................................



Notes: 1. (@) This date shall be ninety (90) days beyond the date of Completion of the last facility covered under the Package.

2. The Bank Guarantee shall be from a Bank as per provisions of Section-V (SCC) of the bidding documents.

3. The BG should be on Non-judicial stamp-paper/ e-stamp paper of appropriate value as per stamp Act prevailing in the state (s) where the BG is submitted or is to be acted upon or the rate prevailing in the state where the BG is executed, whichever is higher. The stamp paper/ e-stamp paper shall be purchased in the name of bidder/ Bank issuing the guarantee.

4. While getting the Bank Guarantee issued, the contractor is required to ensure compliance to the points mentioned in Form 12 - Form of Bank Guarantee Verification Check List. Further, the Contractor is required to fill up this Form 12 and enclose the same with the Bank Guarantee.

5. In case of contract awarded to Joint Venture/consortium, wherever [Contractors Name] is appearing, name of all the partners of JV/Consortium will be mentioned with the name of place of Registered/Head office wherever applicable.

442

6(b) Bank Guarantee Form for Advance Payment (Installation Services/Civil & Allied works)

(To be stamped in accordance with Stamp Act, if any, of the country of issuing Bank)


Dear Sir,


In consideration of............................... [Employer's Name] ......................................... (hereinafter referred to as the ‘Employer’, which expression shall, unless repugnant to the context or meaning thereof include its successors, administrators and assigns) having awarded to M/s .............................................. (Contractor's Name) .................................... with its Registered/Head Office at ...................................... (hereinafter referred to as the ‘Contractor’ which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns), a Contract, by issue of Employer’s Notification of Award No. ........................... dated ................ and the same having been unequivocally accepted by the Contractor, resulting into a Contract bearing No. ................................ dated ............................... valued at ....................................................... for ............................ [Name of Contract] ..................................... (hereinafter called the ‘Contract’) and the Employer having agreed to make an interest bearing advance ('said Advance') to the Contractor amounting to .............................. (in words and figures) ............... in terms of the said Contract for performance of the above Contract against Bank Guarantee to be furnished by the Contractor.

We .......................... [Name and address of the Bank] .............................. having its Head Office at .................................................... (hereinafter referred to as the ‘Bank’, which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the Employer, immediately on demand any or, all monies payable by the Contractor to the extent of ..........................[110% of advance amount plus GST].....................as aforesaid alongwith interest @ 12.20% per annum on the advance amount released by the Employer calculated from the date of release of the said advance by the Employer to the Contractor, at any time upto ...................................... (#) ....................... without any demur, reservation, contest, recourse or protest and / or without any reference to the Contractor. Any such demand made by the Employer on the Bank shall be conclusive and binding as to the amount and interest claimed by the Employer under this guarantee notwithstanding any difference between the Employer and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Employer and further agrees that the guarantee herein contained shall be enforceable till ninety (90) days after expiry of its validity.

443

The Employer shall have the fullest liberty without affecting in any way the liability of the Bank under this guarantee, from time to time to vary the advance or to extend the time for performance of the Contract by the Contractor. The Employer shall have the fullest liberty without affecting this guarantee, to postpone from time to time the exercise of any powers vested in them or of any right which they might have against the Contractor, and to exercise the same at any time in any manner, and either to enforce or to forbear to enforce any covenants, contained or implied, in the Contract between the Employer and the Contractor or any other course or remedy or security available to the Employer. The Bank shall not be released of its obligations under these presents by any exercise by the Employer of its liberty with reference to the matters aforesaid or any of them or by reason of any other act or forbearance or other acts of omission or commission on the part of the Employer or any other indulgence shown by the Employer or by any other matter or thing whatsoever which under law would but for this provision, have the effect of relieving the Bank.


Notwithstanding anything contained hereinabove our liability under this guarantee is limited to ...................... .[110% of advance amount plus GST] ..................................... along with interest on the advance amount released by the Employer as aforesaid and it shall remain in force upto and including ............................... (#) .............................. and shall be extended from time to time for such period (not exceeding one year), as may be desired by M/s.................................... (Contractor's Name) .............................. on whose behalf this guarantee has been given.

Dated this ............................. day of ...................... 20 .............. at ...........

(Signature)............................

(Name)..................................



Notes: 1. (#) This date shall be ninety (90) days beyond the date of Completion of the last Facilities.

2. The Bank Guarantee shall be from a Bank as per provisions of Section-V

(SCC) of the bidding documents.

3. The BG should be on Non-judicial stamp-paper/ e-stamp paper of appropriate value as per stamp Act prevailing in the state (s) where the BG is submitted or is to be acted upon or the rate prevailing in the state

444

where the BG is executed, whichever is higher. The stamp paper/ e-stamp paper shall be purchased in the name of bidder/ Bank issuing the guarantee.

4. While getting the Bank Guarantee issued, the contractor is required to

ensure compliance to the points mentioned in Form 12 - Form of Bank Guarantee Verification Check List. Further, the Contractor is required to fill up this Form 12 and enclose the same with the Bank Guarantee.

5. In case of contract awarded to Joint Venture/consortium, wherever

[Contractors Name] is appearing, name of all the partners of JV/Consortium will be mentioned with the name of place of Registered/Head office wherever applicable.

445

7. FORM OF COMPLETION CERTIFICATE

446


Date:

NIT No:

[Name of Contract]

To: [Name and address of Contractor]

Dear Sirs,

Pursuant to SCC Clause 24 (Commissioning and Completion of the Facilities) of the General Conditions of the Contract entered into between yourselves and the Employer dated [date], relating to the [brief description of the facilities], we hereby notify you that the following part(s) of the Facilities was (were) complete on the date specified below, and that, in accordance with the terms of the Contract, the Employer hereby takes over the said part(s) of the Facilities, together with the responsibility for care and custody and the risk of loss thereof on the date mentioned below.

1. Description of the Facilities or part thereof: [description]

2. Date of Completion: [date]

3. Date of Chief Electrical Inspector approval

4. Date of STU/CTU S/s synchronization certificate.

However, you are required to complete the outstanding items listed in the attachment hereto as soon as practicable.

This letter does not relieve you of your obligation to complete the execution of the Facilities including Guarantee Test(s) in accordance with the Contract nor of your obligations during the Defect Liability Period.

Very truly yours,

Title (Project Manager)

447

8. FORM OF OPERATIONAL ACCEPTANCE CERTIFICATE

448

8. Form of Operational Acceptance Certificate

Date:

NIT No:

[Name of Contract]

To: [Name and address of Contractor]

Dear Sirs,

Pursuant to SCC Sub-Clause 25.2 (Operational Acceptance) of the General Conditions of the Contract entered into between yourselves and the Employer dated [date], relating to the [brief description of the facilities], we hereby notify you that the Functional Guarantees of the following part(s) of the Facilities were satisfactorily attained on the date specified below.

1. Description of the Facilities or part thereof: [description]

2. Date of Operational Acceptance: [date]

This letter does not relieve you of your obligation to complete the execution of the Facilities in accordance with the Contract nor of your obligations during the Defect Liability Period.

Very truly yours,

Title (Project Manager)

449

9. FORM OF TRUST RECEIPT- Not Used

450

10. FORM OF INDEMNITY-CUM-UNDERTAKING AGREEMENT

451

10 a. FORM OF INDEMNITY-CUM-UNDERTAKING AGREEMENT FOR THE EQUIPMENT HANDED OVER BY THE EMPLOYER FOR PERFORMANCE OF ITS

CONTRACT (Entire Equipment Consignment in one lot) AND

FOR THE PLANT HANDED OVER BY REMCL FOR PERFORMANCE OF ITS O&M CONTRACT (Entire Solar Photo Voltaic Plant & Mandatory Spares)

(On non-Judicial stamp paper of appropriate value) INDEMNITY-CUM-UNDERTAKING AGREEMENT

THIS INDEMNITY-CUM-UNDERTAKING AGREEEMNT is made this ............................. day of ............................... 20.................... between ........................... (Contractor's Name) a Company/Partnership Firm/ Proprietary Concern incorporated under the laws of ………………. having its Registered Office at...................................... (hereinafter called as 'Contractor' which expression shall include its successors and permitted assigns) and ……………… (Name of Employer), a Company incorporated under the Indian Companies Act having its Registered Office at..................................................... and its project at .............................. (hereinafter called "REMCL" / “Employer” which expression shall include its successors and assigns):

WHEREAS the REMCL has awarded to the Contractor a Contract for ....................... vide its Letter of Intent/ Notification of Award/Contract

No................. dated ...................................... and its Amendment No. ............................................ and Amendment No................................... , (applicable

when amendments have been issued) (hereinafter called the “ Contract") in terms of which REMCL is required to hand over various Equipments, Mandatory Spares and facilities provided under Supply Contract, Erection Contract, hereinafter called “Solar Photo Voltaic Plant” to the ‘Contractor’ for execution of the Contract.

And WHEREAS by virtue of Clause No............................ of the said Contract, the ‘Contractor’ and the ‘REMCL’ are required to execute an Indemnity-Cum-Undertaking Agreement for the Equipments, Solar Photo Voltaic Plant & Mandatory Spares handed over to the ‘Contractor’ by REMCL for the purpose of performance of the Contract/Erection portion and O&M portion of the contract.

AND THEREFORE, This Indemnity-Cum-Undertaking Agreement witnessed as follows:

1. That in consideration of various Equipments, Solar Photo Voltaic Plant &

Mandatory Spares as mentioned in the Contract, a list where of is also annexed to this Indemnity-cum-Undertaking Agreement at Schedule-A, valued

at (Currency and amount in Figures)............................................... (Currency and amount in words)................................................................... handed over to the ‘Contractor’ for the purpose of performance of the Contract including O&M, the ‘ Contractor’ hereby undertakes to indemnify and shall keep REMCL indemnified, for the full value of the Equipments, Solar Photo Voltaic Plant & Mandatory Spares. The Contractor hereby acknowledges actual receipt of the Equipments, Solar Photo Voltaic Plant & Mandatory Spares etc. as detailed in

452

with the terms of the Contract and is taken over by ‘REMCL’ after O&M period. The ‘Contractor’ undertakes to keep ‘REMCL’ harmless against any loss or damage that may be caused to the Equipments, Solar Photo Voltaic Plant & Mandatory Spares. Further, the Mandatory Spares shall be replenished by the C ontractor as and when it is used and the Mandatory Spares in total quantity s hall be returned to the Employer in working condition at the end of the O&M P eriod.

3. The ‘Contractor’ undertakes that the Equipments, Solar Photo Voltaic Plant & Mandatory Spares shall be used exclusively for the performance/execution of the Contract strictly in accordance with its terms and conditions and no part of the equipment, Solar Photo Voltaic Plant & Mandatory Spares shall be utilised for any other work of purpose whatsoever. It is clearly understood by the ‘Contractor’ that non-observance of the obligations under this Indemnity-Cum- Undertaking Agreement by the ‘Contractor’ shall inter-alia constitute a criminal breach of trust on the part of the ‘Contractor’ for all intents and purpose including legal/penal consequences.

4. That ‘ REMCL’ is and shall remain the exclusive owner of the equipments, Solar

Photo Voltaic Plant & Mandatory Spares free from all encumbrances, charges or liens of any kind, whatsoever. The Equipments, Solar Photo Voltaic Plant & Mandatory Spares shall at all times be open to inspection and checking by the Project Manager or other employees/agents authorised by ‘REMCL’ in this regard. Further, the ‘REMCL’ shall always be free at all times to take possession of the Equipments, Solar Photo Voltaic Plant & Mandatory Spares in whatever form the Equipments, Solar Photo Voltaic Plant & Mandatory Spares may be, if in its opinion, the equipments, Solar Photo Voltaic Plant & Mandatory Spares are likely to be endangered, misutilised or converted to uses other than those specified in the Contract, by any acts of omission or commission on the part of the Contractor or any other person or on account of any reason whatsoever and the Contractor binds himself and undertakes to comply with the directions of demand of ‘ REMCL’ to return the Equipments, Solar Photo Voltaic Plant & Mandatory Spares without any demur or reservation.

5. That this Indemnity-Cum-Undertaking Agreement is irrevocable. If at any time

any loss or damage occurs to the Equipments, Solar Photo Voltaic Plant & Mandatory Spares or the same or any part thereof is mis-utilised in any manner whatsoever, then the ‘Contractor’ hereby agrees that the decision of the Project Manager / Engineer-In-Charge / Engineer of ‘REMCL’ as to assessment of loss or damage to the Equipment, Solar Photo Voltaic Plant & Mandatory Spares shall be final and binding on the ‘Contractor’. The ‘Contractor’ binds itself and undertakes to replace the lost and/or damaged Equipments, Solar Photo Voltaic Plant & Mandatory Spares at its own cost and/or shall pay the amount of loss to ‘REMCL’ without any demur, reservation or protest. This is without prejudice to any other right or remedy that may be available to ‘REMCL’ against the ‘Contractor’ under the Contract and under this Indemnity-Cum-Undertaking Agreement.

6. NOW THE CONDITION of this Indemnity-Cum-Undertaking Agreement is that

if the ‘ Contractor’ shall duly and punctually comply with the terms and conditions of this Indemnity-Cum-Undertaking Agreement .

453

* Indemnity-cum-Undertaking Agreement are to be executed by the authorised person and

(i) in case of contracting Company under common seal of the Company or (ii) having the Power of Attorney issued under common seal of the company with authority to execute Indemnity-cum-Undertaking Agreement , (iii) In case of (ii), the original Power of Attorney if it is specifically for this Contract or a photostat copy of the Power of Attorney if it is General Power of Attorney and such documents should be attached to Indemnity-cum-Undertaking Agreement . In case of Employer, by the authorized representative of the Employer.

SCHEDULE - A

Particulars of the Equipments, Facilities &

Quantity Particulars of Despatch title Documents

Value (Rs.) Signature of Attorney in token of

Mandatory Spares handed over

RR/GR/ Bill of lading No & Date

Carrier receipt

454

10 b. FORM OF INDEMNITY-CUM-UNDERTAKING AGREEMENT FOR THE EQUIPMENT HANDED OVER IN INSTALMENTS BY THE EMPLOYER FOR

PERFORMANCE OF ITS CONTRACT AND

FOR THE PLANT HANDED OVER BY REMCL FOR PERFORMANCE OF ITS O&M CONTRACT (Entire Solar Photo Voltaic Plant & Mandatory Spares)

(On non-Judicial stamp paper of appropriate value) Indemnity-Cum-Undertaking Agreement

THIS INDEMNITY-CUM-UNDERTAKING AGREEMENT is made this

........................ day of................................ 20.................... between .......................... (Contractor's Name) a Company /Partnership Firm / Proprietary Concern incorporated under the laws of …………… having its Registered Office at...................................... (hereinafter called as 'Contractor' which expression shall include its successors and permitted assigns) and …………. (Name of Employer), a Company incorporated under the Indian Companies Act having its Registered Office at..................................................... and its project at .............................. (hereinafter called “REMCL” / "Employer" which expression shall include its successors and assigns): WHEREAS the REMCL has awarded to the Contractor a Contract for ....................... vide

its Letter of Intent / Notification of Award/Contract No................. dated ...................................... and its Amendment No. ............................................ and Amendment No................................... , (applicable when amendments have been issued) (hereinafter called the “ Contract") in terms of which REMCL is required to hand over various Equipments, Mandatory Spares and facilities provided under Supply Contract, Erection Contract, hereinafter called “Solar Photo Voltaic Plant” to the ‘Contractor’ for execution of the Contract.

And WHEREAS by virtue of Clause No............................ of the said Contract, the ‘Contractor’ and the ‘REMCL’ are required to execute an Indemnity-Cum-Undertaking Agreement for the Equipments, Solar Photo Voltaic Plant & Mandatory Spares handed over to the ‘Contractor’ by REMCL for the purpose of performance of the Contract/Erection portion and O&M portion of the contract.

AND THEREFORE, This Indemnity-Cum-Undertaking Agreement witnesseth as follows:

1. That in consideration of various Equipments, Solar Photo Voltaic Plant &

Mandatory Spares as mentioned in the Contract, valued at (Currency and amount in Figures) ................................................(Currency and amount in words).............................................................. to be handed over to the ‘Contractor’ (which also includes handing over of Equipments in installments’ from time to time) for the purpose of performance of the Contract including O&M, the ‘Contractor’ hereby undertakes to indemnify and shall keep ‘REMCL’ indemnified, for the full value of the Equipments, Solar Photo Voltaic Plant & Mandatory Spares. The ‘Contractor’ hereby acknowledges actual receipt of the initial installments of the Equipments etc. as per the details in the Schedule appended hereto. Further, the ‘Contractor’ agrees to acknowledge actual receipt of the subsequent installments of the Equipments etc. and handing over of Solar Photo Voltaic Plant & Mandatory Spares as required by REMCL in the form of Schedules consecutively numbered which shall be attached to this

455

in accordance with the terms of the Contract and is taken over by ‘REMCL’ after O&M period. The ‘Contractor’ undertakes to keep ‘REMCL’ harmless against any loss or damage that may be caused to the Equipments, Solar Photo Voltaic Plant & Mandatory Spares. F urther, the Mandatory Spares shall b e r eplenished by the Contractor as and when it is used and the Mandatory S pares in total quantity shall be returned to the Employer in working condition a t the end of the O&M Period.

3. The ‘Contractor’ undertakes that the Equipments, Solar Photo Voltaic Plant & Mandatory Spares shall be used exclusively for the performance/execution of the Contract strictly in accordance with its terms and conditions and no part of the equipment, Solar Photo Voltaic Plant & Mandatory Spares shall be utilised for any other work of purpose whatsoever. It is clearly understood by the ‘Contractor’ that non-observance of the obligations under this Indemnity-Cum- Undertaking Agreement by the ‘Contractor’ shall inter-alia constitute a criminal breach of trust on the part of the ‘Contractor’ for all intents and purpose including legal/penal consequences.

4. That ‘ REMCL’ is and shall remain the exclusive owner of the

equipments, Solar Photo Voltaic Plant & Mandatory Spares free from all encumbrances, charges or liens of any kind, whatsoever. The Equipments, Solar Photo Voltaic Plant & Mandatory Spares shall at all times be open to inspection and checking by the Project Manager or other employees/agents authorised by ‘REMCL’ in this regard. Further, the ‘REMCL’ shall always be free at all times to take possession of the Equipments, Solar Photo Voltaic Plant & Mandatory Spares in whatever form the Equipments, Solar Photo Voltaic Plant & Mandatory Spares may be, if in its opinion, the equipments, Solar Photo Voltaic Plant & Mandatory Spares are likely to be endangered, misutilised or converted to uses other than those specified in the Contract, by any acts of omission or commission on the part of the Contractor or any other person or on account of any reason whatsoever and the Contractor binds himself and undertakes to comply with the directions of demand of ‘ REMCL’ to return the Equipments, Solar Photo Voltaic Plant & Mandatory Spares without any demur or reservation.

5. That this Indemnity-Cum-Undertaking Agreement is irrevocable. If at any

time any loss or damage occurs to the Equipments, Solar Photo Voltaic Plant & Mandatory Spares or the same or any part thereof is mis-utilised in any manner whatsoever, then the ‘Contractor’ hereby agrees that the decision of the Project Manager / Engineer-In-Charge / Engineer of ‘REMCL’ as to assessment of loss or damage to the Equipment, Solar Photo Voltaic Plant & Mandatory Spares shall be final and binding on the ‘Contractor’. The ‘Contractor’ binds itself and undertakes to replace the lost and/or damaged Equipments, Solar Photo Voltaic Plant & Mandatory Spares at its own cost and/or shall pay the amount of loss to ‘REMCL’ without any demur, reservation or protest. This is without prejudice to any other right or remedy that may be available to ‘REMCL’ against the ‘Contractor’ under the Contract and under this Indemnity-Cum-Undertaking Agreement.

6. NOW THE CONDITION of this Indemnity-Cum-Undertaking Agreement is that

if the ‘ Contractor’ shall duly and punctually comply with the terms and conditions of this Indemnity-Cum-Undertaking Agreement to the

456

* Indemnity-cum-Undertaking Agreement are to be executed by the authorised person and (i) in case of contracting Company under common seal of the Company or (ii) having the Power of Attorney issued under common seal of the company with authority to execute Indemnity-cum-Undertaking Agreement , (iii) In case of (ii), the original Power of Attorney if it is specifically for this Contract or a photostat copy of the Power of Attorney if it is General Power of Attorney and such documents should be attached to Indemnity-cum-Undertaking Agreement . In case of Employer, by the authorized representative of the Employer.

457

SCHEDULE No.1

Particulars of the Equipments, Facilities &

Quantity Particulars of Despatch title Documents

Value (Rs.) Signature of Attorney in token of

Mandatory Spares handed over

RR/GR/ Bill of lading No & Date

Carrier receipt

(Please number subsequent schedules)

.

458

11. FORM OF AUTHORISATION LETTER- Not Used

459

12. FORM OF BANK GUARANTEE VERIFICATION CHECK LIST

460

FORM NO. 12 PAGE 1 OF 2

BANK GUARANTEE VERIFICATION CHECKLIST

1. Bank Guarantee No. 2. Issuing Bank 3. Amount of BG 4. Nature of BG & No. of Pages 5. Validity of BG 6. Package Description 7. Party & Contracts Ref. 8. Bank Reference

CHECK LIST

------------------------------------------------------------------------------------------------------------------------------ S.No. Details of Checks Yes/No ------------------------------------------------------------------------------------------------------------------------------

a) Is the BG on non-judicial stamp paper of

appropriate value, as per Stamp Act?

b) Whether date, purpose of purchase and name of the purchaser are indicated on the stamp paper? (The date of purchase of stamp paper should be of any date on or before the date of execution of BG and the stamp paper should be purchased either in the name of the executing Bank or the party on whose behalf the BG has been issued. The stamp papers (other than e-stamp paper) should be duly signed by the stamp vendor).

c) In case of BGs from Banks abroad, has the BG

been executed on Letter Head of the Bank

d) Has the executing Officer of BG indicated his name, designation and Power of Attorney No. / Signing Power No. on the BG?

e) Is each page of BG duly signed/initialed by

executant and whether stamp of Bank is affixed thereon? Whether the last page is signed with full particulars under seal of Bank as required in the prescribed proforma?

461

FORM NO. 12 PAGE 2 OF 2

------------------------------------------------------------------------------------------------------------------------------ S.No. Details of Checks Yes/No ------------------------------------------------------------------------------------------------------------------------------

f) Does the Bank Guarantees compare

verbatim with the Proforma prescribed in the Bidding Documents?

g) Are the factual details such as Bidding

Documents No./Specification No., Amount of BG, Validity of BG correctly mentioned in the BG?

h) Whether overwriting / cutting if any on the

BG have been properly authenticated under signature & seal of executants?

i) Whether the BG has been issued by a

Bank in line with the provisions of Bidding Documents?

j) In case BG has been issued by a Bank

other than those specified in Bidding Document, is the BG confirmed by a Bank in India acceptable as per Bidding Documents?

Note : The Bidder is required to fill up this form and enclose along with the Bank Guarantee.

462

13. FORM OF VALIDITY EXTENSION OF BANK GUARANTEE

463

FORM NO. 13 Page 1 of 1

13. FORM OF VALIDITY EXTENSION OF BANK GUARANTEE (On Non-judicial stamp paper of appropriate value)

Ref. No................................. Dated:

To @ [Employer’s Name and Address] .......................................... ..............................................

Dear Sirs,

Subject: Extension of Bank Guarantee No ........................ dated........................ for................ [indicate value of bank guarantee]............................... favouring yourselves expiring on....................... on account of M/s........... (Name of Bidder).................. in respect of Contract for (Insert package name).................................... (Insert Project name)........................................................................... project, Contract

dated............... (herinafter called original Bank No. ...................................

Guarantee).

At the request of M/s.................................................................... we ............................... Bank branch office at .................................................... and having its Head Office at

do hereby extend our liability under ..........................................................................................

the above-mentioned Bank Guarantee No................................... dated........................ for a further period of...................... year/months from .............. to expire on ...............................

Except as provided above, all other terms and conditions of the original Bank Guarantee No........................... dated ....................... shall remain unaltered and binding on us.

Please treat this as an integral part of the original guarantee to which it would be deemed to have been attached.

Dated ………………………… …………………………………………….

(Signature)

…………………………………………… (Name)

…………………………………………..

(Designation with Bank Stamp)

SEAL OF BANK

Authorised Vide Power of Attorney No. ……………

Note: 1. @ The extension of the Bank Guarantee should be forwarded to the Unit/Project/Corporate Centre

from where the extension has been sought. 2. The extension of BG should be on Non-judicial stamp-paper/ e-stamp paper of appropriate value as

per stamp Act prevailing in the state (s) where the BG is submitted or is to be acted upon or the rate prevailing in the state where the BG is executed, whichever is higher. The stamp paper/ e-stamp paper shall be purchased in the name of bidder/ Bank issuing the guarantee.

464

14. FORM OF INDEMNITY-CUM- UNDERTAKING AGREEMENT [FOR REMOVAL / DISPOSAL OF SCRAP /

SURPLUS MATERIAL]

465

14. FORM OF INDEMNITY-CUM-UNDERTAKING AGREEMENT WITH REGARD TO REMOVAL/DISPOSAL OF SCRAP/SURPLUS MATERIAL

(TO BE EXECUTED ON STAMP PAPER OF APPROPRIATE VALUE)

INDEMNITY-CUM-UNDERTAKING AGREEMENT

THIS INDEMNITY-CUM-UNDERTAKING AGREEMENT executed this .............................. day of...................... 20 .................... between ...........................(Name of Company) ........................................... a Company /Partnership Firm / Proprietary Concern incorporated under the laws of ………………………. having its Registered Office(s) at ...................................... (Office Address) ............................... hereinafter called the ‘Contractor’ (which expression shall, unless excluded by or repugnant to the context, be deemed to mean and include its successors, administrators, executors and permitted assigns)

AND

M/s. .................................................... having its registered office at ................................................ (hereinafter referred to as ‘Employer’). 1. ‘Employer’ has awarded the ‘Contractor’, contract for execution of work ("Scope of

Work") as mentioned in the contract agreement no ................................... dated ........................, entered into between ‘Employer’ and ‘Contractor’, relating to ........................................ (Name & Address of Project/Station) .......................................... (hereinafter called 'the Project').

2. The ‘Contractor’ for the purpose of execution of its Scope of Work had from time to

time procured and stored .................................. (Details of Material) ........................... at the Project Site.

3. After completion of the Scope of Work by ‘Contractor’, it has been identified that

scrap ............................ (Details of Scrap Material & its quantity) ............................ and/or surplus ................................... (Details of Surplus Material & its Quantity) ........................ belonging to ‘Contractor’ is lying at the said Project Site.

4. Now, the scrap ................................ (Details of Scrap Material & its Quantity)

................. and/or surplus .................. (Details of Surplus Material & its Quantity)

........................ belonging to the ‘Contractor’, requires to be removed by ‘Contractor’ from the Project Site.

NOW THEREFORE THIS INDEMNITY-CUM-UNDERTAKING AGREEMENT

WITNESSETH AS UNDER:

1. That ‘Contractor’ by way of this Indemnity-cum-Undertaking Agreement requests ‘Employer’ to issue necessary exit gate pass(es) in favour of ‘Contractor’ for removal

of scrap...................... (Details of Scrap Material & its Quantity) .............................. and/or surplus ............................ (Details of Surplus Material & its Quantity) .............................. belonging to ‘Contractor’, from the project.

466

2. That as per Employer's procedure, ‘Contractor’ shall ensure loading of trucks for

clearing of its scrap .............................. (Details of Scrap Material & its Quantity) ....................... and/or surplus ................................. (Details of Surplus Material & its Quantity) .................. by itself, as aforesaid, under the supervision of RPF/ Designated Security Agency by REMCL personals.

3. That ‘Contractor’ in consideration of the premises above, for itself and its respective,

executors, administrators and assigns, jointly and severally agree and undertake from time to time and at all times hereafter to indemnify ‘Employer’ and keep ‘Employer’ indemnified from and against all claims, demands, actions, liabilities and expenses which may be made or taken against or incurred by ‘Employer’ by reason of the issue of necessary gate pass(es) by ‘Employer’ and permitting ‘Contractor’ to

remove scrap ..................... (Details of Scrap Material & its Quantity) ............................. and/or surplus ................................. (Details of Surplus Material & its Quantity) .............................. belonging to ‘Contractor’, from the project.

4. That ‘Contractor’ undertakes to indemnify and keep ‘Employer’ harmless from any act

of omission or negligence on the part of the ‘Contractor’ in following the statutory requirements with regard to removal/disposal of scrap and surplus belonging to ‘Contractor’, from the Project Site aforesaid, by the ‘Contractor’. Further, in case the laws require ‘Employer’ to take prior permission of the relevant Authorities before handing over the scrap and/or surplus to the ‘Contractor’, the same shall be obtained by the ‘Contractor’ on behalf of ‘Employer’.

IN WITNESS WHEREOF, the ‘Contractor’ and the ‘Employer’, through their authorized representative, have executed these presents on the Day, Month and Year first mentioned above at ......................... (Name of the Place) .........................................

For and on behalf of For and on behalf of .................................................. ………………………. (Contractor's Name) (Employer’s name)

Signature ............................ Signature ............................ Name .................................. Name .................................. Designation of ......................... Designation of ...................... Authorised representative * Authorised representative *

WITNESS : WITNESS :

1. Signature 1. Signature .

467

2. Name 2. Name

3. Address 3. Address

* Indemnity-cum-Undertaking Agreement are to be executed by the authorised person and (i) in case of contracting Company under common seal of the Company or (ii) having the Power of Attorney issued under common seal of the company with authority to execute Indemnity-cum-Undertaking Agreement , (iii) In case of (ii), the original Power of Attorney if it is specifically for this Contract or a photostat copy of the Power of Attorney if it is General Power of Attorney and such documents should be attached to Indemnity-cum-Undertaking Agreement . In case of Employer, by the authorized representative of the Employer.

468

15. FORM OF BANK GUARANTEE BY ASSOCIATE/COLLABORATOR: NOT

APPLICABLE-

469

16. FORM OF NOTIFICATION BY THE EMPLOYER TO BIDDER

470

16. FORM OF NOTIFICATION BY THE EMPLOYER TO THE BIDDER

M/s ……………………………

Ref. Your proposal against our IFB No. ……………………………… Forfeiture of Bid Guarantee amount.

Dear Sirs,

Whereas you have furnished as a part of your proposal the Bid Guarantee in the form of irrevocable and confirmed Bank Guarantee No ................................... dated ………………….. ……………………………………………………………… for a sum of ……………………………

(Bank’s name) ………………………………………..payable to ................................................... (Name of the Employer) on demand without any reservation, demur or protest, contest and recourse At ………………………………………………………………………………………………….. (Name and place of Bank)

In terms of the aforesaid Bid Guarantee, we do hereby forfeit the Guarantee amount.

For ..................... (Name of the Employer)

(AUTHORISED SIGNATORY)

N.B. The Bank Guarantee should not stipulate any other proforma of notification different from this format. No change whatsoever in the said proforma is acceptable to the Employer.

471

17. FORM OF JOINT DEED OF UNDERTAKING: NOT APPLICABLE-

472

18. BANK GUARANTEE FORM FOR SECURITY AGAINST OVERALL SYSTEM PERFORMANCE (INCLUDING MODULES)

DURING O&M PERIOD

473

PROFORMA BANK GUARANTEE FOR FORM OF SECURITY AGAINST OVERALL SYSTEM PERFORMANCE

DURING O&M, WARRANTY (To be stamped in accordance with Stamp Act)

The non-judicial stamp paper should be in the name of issuing bank)

Ref. ............................ Bank Guarantee No. ................................

Date........................................................... To [Employer's Name & Address]

Dear Sirs,

474

In consideration of the REMCL, (hereinafter referred to as the 'Employer', which expression shall unless repugnant to the context or meaning thereof include its successors,

administrators and assigns) having awarded to M/s. ................................................................ with its Registered/Head Office at ................................................................................................ (hereinafter referred to as the 'Contractor', which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns), a Contract by issue of Employer's Notification of Award No. ......................................... dated ........................................... and the same having been unequivocally accepted by the Contractor resulting in a 'Contract' bearing No. ................................. dated ....................... valued at ................................................ for ................ (Scope of Contract) .......................... and the Contractor having agreed to provide

Guarantee against Overall System Performance during O&M and Warranty Period for amount of INR ……*…..(i.e. …………………………………….)

We .................................... (Name & Address).................................................... , having its Head Office at .................................................................................................. (hereinafter

referred to as the 'Bank', which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the Employer, on demand any and all monies payable by the Contractor to the extent of ......................................... as aforesaid at any time upto* ...................................................(day / month / year) ...................... without any demur, reservation, contest, recourse or protest and/or without any reference to the Contractor. Any such demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference between the Employer and Contractor or any dispute pending before any court, tribunal or any other authority. The Bank undertakes not to revoke this guarantee during its currency without, previous consent of the Employer and further agrees that the guarantee herein contained shall continue to be enforceable till the Employer discharges this guarantee. The Employer shall have the fullest liberty without affecting in any way the liability of the Bank under this guarantee from time to time to extend the time for performance of the Contract by the Contractor. The Employer shall have the fullest liberty, without affecting this guarantee, to postpone from time to time the exercise of any powers vested in them or of any right which they might have against the Contractor, and to exercise the same at any time in any manner, and either to enforce or to forbear to enforce any convenants, contained or implied, in the Contract between the Employer and the Contractor or any other course of or remedy or security available to the Employer. The Bank shall not be released of its obligations under these presents by any exercise by the Owner of its liberty with reference to the matters aforesaid or any of them or by reason of any other acts of omission or commission on the part of the Employer or any other indulgence shown by the Owner or by any other matters or thing whatsoever which under law, would, but for this provision, have the effect of relieving the Bank.

475

The Bank also agrees that the Employer at its option shall be entitled to enforce this guarantee against the Bank as a principal debtor, in the first instance without proceeding against the Contractor and notwithstanding any security or other guarantee that the Employer may have in relation to the Contractor's liabilities.

Notwithstanding anything contained herein above our liability under this guarantee is restricted to ......................... and it shall remain in force upto and including ......................... and shall be extended from time to time for such period (not exceeding one year), as may be desired by M/s ....................................... whose behalf this guarantee has been given.

WITNESS:

Dated this ............................ day of ........................... 20 .......................... at ..................

WITNESS: ........................................... (Signature) ........................................

(Signature) ........................................... (Bank's Rubber Stamp)

(Name) ........................................... (Name) ..............................................

(Official Address)

.....................................

Designation with Bank Stamp

....................

Attorney as per Power of Attorney No.

Dated ................................................

Note 1 * The date will be ninety (90) days after the end of the Operation & Maintenance (O&M) period as specified in the Contract.

476

2. While getting the bank guarantee issued, bidders are required to ensure compliance to the points mentioned at 'Bank Guarantee Verification Check List'

3. The BG should be on Non-judicial stamp-paper/ e-stamp paper of appropriate value as

per stamp Act prevailing in the state (s) where the BG is submitted or is to be acted upon or the rate prevailing in the state where the BG is executed, whichever is higher. The stamp paper/ e-stamp paper shall be purchased in the name of bidder/ Bank issuing the guarantee.

4. The bidder will furnish the above security initially valid upto 90 days after end of

Operation & Maintenance (O&M) as specified in the Technical Specifications.

477

19. BANK GUARANTEE FORM FOR QUOTED GENERATION IN EXCESS OF THRESHOLD

GENERATION (NOT APPLICABLE)

478

20. PROFORMA FOR JOINT UNDERTAKING FOR AMC OF CRITICAL EQUIPMENT FOR

STIPULATED DURATION DURING O&M PERIOD

479

PROFORMA FOR JOINT UNDERTAKING FOR AMC OF CRITICAL EQUIPMENT FOR STIPULATED DURATION DURING O&M PERIOD

(On non-judicial stamp paper of appropriate value)

In consideration of the REMCL, (hereinafter referred to as the 'Employer', which expression shall unless repugnant to the context or meaning thereof include its successors, administrators and assigns) having awarded to M/s. ................................................................ with its Registered/Head Office at .................................................................................................. (hereinafter referred to as the 'Contractor', which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns), a Contract by issue of Employer's Notification of Award No. ......................................... dated ...................... and the same having been unequivocally accepted by the Contractor resulting in a 'Contract' bearing No. ................................. dated....................... valued at................................ for................ (Scope of Contract) ........................... and the Contractor for providing Annual Maintenance Contract (AMC) of Critical Equipment for Stipulated Duration during O&M Period as specified in the Bidding Documents.

Contractor further agrees to the bidding document that the AMC of Inverter*/SCADA*/Tracker* shall be carried out through its vendor M/s…………………………………….with its Registered/Head Office at .................................................................................................. (hereinafter referred to as the 'OEM', which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns). Contractor and OEM shall be jointly and severely liable to undertake the responsibility outlined in bidding document.

IN WITNESS WHEREOF, the ‘Contractor’ and the ‘OEM’, through their authorized representative, have executed these presents on the Day, Month and Year first mentioned above at ......................... (Name of the Place) .........................................

For and on behalf of .................................................. (Contractor's Name)

For and on behalf of ……………………….

(OEM’s name)

Signature ............................ Signature ............................

480

Name .................................. Designation of ......................... Authorised representative

Name .................................. Designation of ......................

Authorised representative

WITNESS : WITNESS :

1. Signature .............................. 1. Signature ..........................

2. Name .................................... 2. Name ..................................

3. Address ................................ 3. Address ...........................

* Please strike off whichever not applicable. Separate Joint undertaking is required to be furnished for aforesaid equipments.

481

21. PROFORMA FOR CERTIFICATE FROM THE MODULE MANUFACTURER AND CELL

MANUFACTURER REGARDING MEETING OF DCR NORMS

482

21a. Certificate from the Module Manufacturer to the employer regarding meeting of DCR norms as per MNRE

(On the letter-head of the EPC) To, (Name and Address of employer)

Sub: Certificate for our modules meeting Domestic Content Requirements under NIT no./ Bidding Document no./ Contract no.

Sir,

We, M/s (name of the manufacturer), having registered address at , hereby certify and declare the following:

1. Under the contract/purchase agreement executed between M/s

(Name of the EMPLOYER) and M/s (Name of the Manufacturer) vide Contract No./ID: _ , the modules supplied to your Company under the Shipment ID(s) , bearing serial nos. of all the modules supplied along with respective invoices and receipt certificates enclosed herewith (insert shipment IDs of the batches dispatched for modules to the EPC and enclose the list containing serial nos. and invoices/receipt certificates of the respective modules) have been manufactured indigenously, in our factories registered in India, and cells manufactured by M/S of Regd address __________in India have been used in our modules. Our modules comply with the Domestic Content Requirements as laid down by Ministry of New and Renewable Energy.

2. The manufacturing process has been carried out in India from the stage of finished cells till modules at our facility and neither we nor our cell supplier have used semi-finished/blue cells in this process.

3. The above information is complete and accurate in all material respects, and there is no material information omitted from this Certificate that makes the information contained herein misleading or inaccurate.

4. We shall maintain, and present upon request, to the Inspection committee of REMCL/MNRE, further documentation necessary to support this certificate. Further, we shall not bar the inspection committee of REMCL/MNRE from visiting our factories/installations in relation to the agreement between our Company and REMCL/MNRE or their representative.

Signed this day of

For (Name of the module manufacturer)

Signature & name of the authorized representative of the module manufacturer

Attestation by the EPC

(Note: in case the same manufacturer has supplied both cells and modules to the employer, the details of both cells and modules will be enclosed herewith,

with suitable changes in the format)

483

21.b Certificate from the Cell Manufacturer to the Module manufacturer regarding meeting of DCR norms as per MNRE

(On the letter-head of the EPC)

To,

(Name and Address of module manufacturer)

Sub: Certificate for our cells meeting Domestic Content Requirements under NIT no./ Bidding Document no./ Contract no.

Sir, We, M/s (name of the manufacturer), having registered address at , hereby certify and declare the following: 1. Under the contract/purchase agreement executed between M/s (Name of the module manufacturer) and M/s (Name of the cell manufacturer) vide Contract No./ID: , the cells supplied to your Company under the Shipment ID(s) bearing serial nos. of all the cells supplied along with respective invoices and receipt certificates enclosed herewith (insert shipment IDs of the batches despatched for cells to the module manufacturer and enclose the list containing serial nos. and invoices/receipt certificates of the respective cells) have been manufactured indigenously, in our factories registered in India. Our cells comply with the Domestic Content Requirements as laid down by Ministry of New and Renewable Energy.

2. The manufacturing process has been carried out in India and we have not used semi- finished/blue cells in this process.

3. The above information is complete and accurate in all material respects, and there is no material information omitted from this Certificate that makes the information contained herein misleading or inaccurate.

4. We shall maintain, and present upon request, to the Inspection committee of REMCL/MNRE, further documentation necessary to support this certificate. Further, we shall not bar the inspection committee of REMCL/MNRE from visiting our factories/installations in relation to the agreement between our Company and REMCL/MNRE or their representative.

Signed this day of _ For (Name of the module manufacturer) Signature & name of the authorized representative of the module manufacture.

Attestation by the EPC