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Bharat Heavy Electricals Limited (A Government of India Undertaking) ELECTRONICS DIVISION P.B. No 2606, Mysore Road, Bangalore - 560 026 An ISO 9001, ISO 14001, OHSAS 18001 & ISO/IEC 27001-2005 Company 1 Fax : +91-80-26989219 Phone : +91-80-26998377 E-mail : [email protected] The Quotations are invited under two part bid system for Pre bid tie up for joint bidding for “Design, Engineering, Manufacturing, Supply, Packing and Forwarding, Transportation, Unloading, Storage, Installation and Commissioning of grid connected capacity of 60 MW (minimum) Wind at solar wind Hybrid project on turnkey basis at NTPC Kudgi, Karnataka” through e-procurement route. RFQ NO and date TGPBOS0019 dated 05.11.2018 ( e-tender) RFQ due date & time 15.11.2018 up to 13.00 hrs (IST) Date, Time & Venue of Part-I Bid Opening 15.11.2018 after 13.30 hrs (IST) E-tender Website - https://bhel.abcprocure.com Date, Time & Venue of Price Bid opening Will be intimated later for technically accepted vendors Address for Communication & Contact Person in BHEL Mr. T.G.Pragadeesh (09742576787)/ Mr. Ritesh R (9538084848) Mr. G Ponnugurupackiam (09449869617), SC&PV MM Department, BHEL Electronics Division, PB NO 2606, Mysuru road, Bengaluru-560 026. INDIA Email: [email protected] [email protected] Telephone number: +91 80 26998377, +91 80 26998669.

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Page 1: E-mail : pragadeeshtg@bhel.in Bharat Heavy Electricals Limited · The Quotations are invited under two part bid system for Pre bid tie up for joint bidding for “Design, Engineering,

Bharat Heavy Electricals Limited (A Government of India Undertaking)

ELECTRONICS DIVISION

P.B. No 2606, Mysore Road, Bangalore - 560 026

An ISO 9001, ISO 14001, OHSAS 18001 & ISO/IEC 27001-2005 Company

1

Fax : +91-80-26989219

Phone : +91-80-26998377

E-mail : [email protected]

The Quotations are invited under two part bid system for Pre bid tie up for joint bidding for

“Design, Engineering, Manufacturing, Supply, Packing and Forwarding, Transportation,

Unloading, Storage, Installation and Commissioning of grid connected capacity of 60 MW

(minimum) Wind at solar wind Hybrid project on turnkey basis at NTPC Kudgi, Karnataka”

through e-procurement route.

RFQ NO and date TGPBOS0019 dated 05.11.2018 ( e-tender)

RFQ due date & time 15.11.2018 up to 13.00 hrs (IST)

Date, Time & Venue of Part-I Bid

Opening

15.11.2018 after 13.30 hrs (IST) E-tender Website

- https://bhel.abcprocure.com

Date, Time & Venue of Price Bid

opening

Will be intimated later for technically accepted

vendors

Address for Communication &

Contact Person in BHEL

Mr. T.G.Pragadeesh (09742576787)/

Mr. Ritesh R (9538084848)

Mr. G Ponnugurupackiam (09449869617),

SC&PV MM Department,

BHEL Electronics Division,

PB NO 2606, Mysuru road,

Bengaluru-560 026. INDIA

Email: [email protected]

[email protected]

Telephone number: +91 80 26998377,

+91 80 26998669.

Page 2: E-mail : pragadeeshtg@bhel.in Bharat Heavy Electricals Limited · The Quotations are invited under two part bid system for Pre bid tie up for joint bidding for “Design, Engineering,

PS/439/1237

REV: 01

PAGE 2 OF 10

Design, Engineering, Manufacturing, Supply, Packing and Forwarding,

Transportation, Unloading, Storage, Installation and Commissioning of grid

connected capacity of 60 MW (minimum) Wind at solar wind Hybrid project on

turnkey basis at NTPC Kudgi, Karnataka.

PROJECT: DEVELOPMENT OF WIND SOLAR HYBRID POWER PLANT AT NTPC-

KUDGI, KARNATAKA

CUSTOMER: M/S NTPC

REF: RE-CS-5908-004H-9

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SC&PV

ISSUED DATE

806 06/12/2018

Page 3: E-mail : pragadeeshtg@bhel.in Bharat Heavy Electricals Limited · The Quotations are invited under two part bid system for Pre bid tie up for joint bidding for “Design, Engineering,

PS/439/1237

REV: 00

PAGE 3 OF 10

REVISION HISTORY SHEET

REV

NO.

DATE NATURE OF CHANGE REASON PREPARED

BY

APPROVED

BY

00 05/11/2018

FIRST ISSUE

01 06/12/2018 GENERALLY

REVISED

EMD FROM

CASH TO

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APPROVED

ISSUED DATE

806 06/12/2018

Page 4: E-mail : pragadeeshtg@bhel.in Bharat Heavy Electricals Limited · The Quotations are invited under two part bid system for Pre bid tie up for joint bidding for “Design, Engineering,

Design, Engineering, Manufacturing, Supply, Packing and Forwarding, Transportation, Unloading,

Storage, Installation and Commissioning of grid connected capacity of 60 MW (minimum) Wind at

solar wind Hybrid project on turnkey basis at NTPC Kudgi, Karnataka.

For details on technical specification please refer to NTPC document reference no RE-CS-5908-

004H-9

Interested parties may please write to BHEL for more details on technical specification

The scope includes the following:

Scope of work for Wind Plant portion up to 33 kV Side of common 33/220kV Grid Substation:-

Detailed Design as per NTPC specification referred above, Micro-siting, Engineering, Inspection,

Testing, Erection & Supply of Materials/ Equipment, Transportation to Site, Erection/ Installation,

Construction, Pre-Commissioning, Performance Testing and Commissioning of 60 MW Wind

Power plant with all interfacing equipment for evacuation of power to 33 kV side of Grid

Substation at site through 33 kV cable/overhead Line. Indicative BOQ and components for Wind

(30 WTGs) is mentioned below:

All design approval from NTPC pertaining to 60MW wind power plant is in the scope of bidder.

All bids must be accompanied by Bid Security for an amount of INR 4,00,00,000/- (Indian Rupees

four Crore Only) through BG in anyone of the following accounts of BHEL and submit the

transaction details along with the technical bid. Attached the BG format

The bidders are requested to submit the Bid Security well in advance so as to be received by BHEL

before the due date failing which bid is liable for rejection.

The original BG must be be sent to the following address

Bharat Heavy Electricals Limited,

Electronics Division,

Page 5: E-mail : pragadeeshtg@bhel.in Bharat Heavy Electricals Limited · The Quotations are invited under two part bid system for Pre bid tie up for joint bidding for “Design, Engineering,

PB no 2606, Mysuru Road, Bengaluru-560026

Attention: Mr Pragadeesh T G Dy Manager- SC&PV MM

Clearly marking the Bid no due dated mentioned on the envelope.

Any bid not accompanied by bid security BG shall be technically rejected.

Pre-qualifying Criteria Requirement for Bidders:

TECHNICAL CRITERIA FOR BIDDER

(i) The Bidder should have manufactured, supplied, erected/supervised erection and

commissioned/supervised commissioning of RLMM (Revised List of Models and Manufactures

issued by MNRE) listed Wind Turbine Generator (WTG) of minimum rating of 600 KW. This

WTG should have been in successful operation for at least one year prior to the date of techno-

commercial bid opening.

AND

(ii) The WTG Model and capacity as offered by the bidder for this project should have been listed

in Revised List of Models and Manufactures (RLMM) issued by MNRE as on the Date of the

techno-commercial bid submission.

AND

(iii) The Bidder should have designed, erected/supervised erection and commissioned/supervised

commissioning of at least one (1) wind farm with installed capacity of minimum TEN (10) MW

along with associated civil & electrical works.

AND

(iv)This bid is open to bidders from within the Employer's country only.

AND

(v) A bidder can be a partner for only one bid to be submitted in response to NTPC tender ref no

RE-CS-5908-004H-9-Dt 10.10.2018.

Bidder to submit an undertaking that he has not participated and will not participate with any other

bidder as a partner in the same NTPC tender ref no RE-CS-5908-004H-9-Dt 10.10.2018.

Bidders to submit credentials in support of meeting the PQR requirements both in technical and

financial criteria.

FINANCIAL CRITERIA FOR BIDDER

1. The average annual turnover of Bidder or its Associate / Collaborator, should not be less than

INR 235,00,00,000.00 (Indian Rupees Two hundred and thirty five Crores only) or in equivalent

foreign currency, during the preceding three (3) completed financial years as on the date of techno

commercial bid opening.

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,

Page 6: E-mail : pragadeeshtg@bhel.in Bharat Heavy Electricals Limited · The Quotations are invited under two part bid system for Pre bid tie up for joint bidding for “Design, Engineering,

as per the format enclosed in the bid documents, pledging unconditional and irrevocable financial

support for the execution of the Contract by the Associate/Collaborator in case of award.

2. Each bidder should have Positive Net Worth as on the last day of the preceding financial year

Bidder should have Positive Net Worth as on the last day of the preceding financial year.

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:

a) Copies of the unaudited unconsolidated financial statements of the Bidder along with copies of

the audited consolidated financial statements of its Holding Company.

b) 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 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 in the NTPC bidding

documents RE-CS-5908-004H-9 stating that the financial results of the company are under audit as

on techno-commercial bid opening date and the Certificate from a practicing Chartered Accountant

certifying the financial parameters is not available.

Notes for Clause 1.0:

1. i. 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.

ii. Other income shall not be considered for arriving at annual turnover.

iii. “Holding Company” and “Subsidiary” shall have the meaning ascribed to them as per

Companies Act of India.

2. For Turnover indicated in foreign currency, the exchange rate as on seven (7) days prior to the

date of techno-commercial bid opening shall be used.

3. BHEL 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.

INSTRUCTIONS TO BIDDERS

Introduction

1. Bidding Parties

1.1 This bid is open to bidders from within the Employer's country only.

Page 7: E-mail : pragadeeshtg@bhel.in Bharat Heavy Electricals Limited · The Quotations are invited under two part bid system for Pre bid tie up for joint bidding for “Design, Engineering,

2. Eligible Plant, Equipment and Services

2.1 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.

2.2 All countries and areas are the eligible source countries for goods and services to be supplied

under this contract and accordingly goods and services to be supplied under this contract may have

their origin in any country and area.

2.3 For purposes of this clause, "origin" means the place where the plant and equipment or

component parts thereof are mined, grown, or produced. Plant and equipment are produced when,

through manufacturing, processing or substantial and major assembling of components, a

commercially recognized product results that is substantially different in basic characteristics or in

purpose or utility from its components.

2.4 The origin of the plant, equipment, and services is distinct from the nationality of the Bidder.

2.5 Bidders should not have been associated in the past, directly or indirectly, with a firm or any of

its affiliates that has been engaged by the Employer to provide consulting services for the

preparation of the design, specifications, and other documents to be used for the procurement of the

facilities under this Invitation for Bids.

2.6 Windfarm should be at a single location developed for an owner in a contract.

3. Cost of Bidding

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.

4. Content of Bidding Documents

The Bidder is expected to examine all instructions, forms, terms, conditions, specifications and

other information in the bidding documents (NTPC Bid Document ref: RE-CS-5908-004H-9).

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.

Statutory levies changes during execution and O&M shall be borne by bidder.

Bidders are advised to visit the site.

Amendment to Bidding Documents

1. At any time prior to the deadline for submission of bids, the Employer may, for any reason,

whether at its own initiative, or in response to a clarification requested by a prospective Bidder,

amend the bidding documents.

2. In order to afford prospective Bidders reasonable time in which to take the amendment into

account in preparing their bid, the Employer may, at its discretion, extend the deadline for the

submission of bids.

Page 8: E-mail : pragadeeshtg@bhel.in Bharat Heavy Electricals Limited · The Quotations are invited under two part bid system for Pre bid tie up for joint bidding for “Design, Engineering,

Preparation of Bids

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.

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.

Documents Comprising the Bid

Single Stage-Two part Bidding procedure shall be followed through e-tendering for the subject

package as under:

Part - I : Techno-Commercial Bid

Part - II : Price Bid

The Part - I: “Techno-Commercial Bid” shall be evaluated for completeness and in regard to

fulfillment of the qualification requirements and eligibility conditions. Bidder to fill the un priced

price bid for evaluation.

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.

Bid Currencies

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

Bid Security

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. The Bid

Security of the Bidders who are unsuccessful after opening of Price Bids shall be returned

immediately after finalization of evaluation report / recommendation of award / negotiation

/annulment.

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 of NTPC tender RE-CS-

5908-004H-9 and has furnished the required Performance Securities pursuant to ITB Clause 34

NTPC tender RE-CS-5908-004H-9.

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.:

(a) If the Bidder withdraws or varies its bid during the period of bid validity

(b) 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.

(c) in case of a successful Bidder, if the Bidder fails within the specified time limit;

Page 9: E-mail : pragadeeshtg@bhel.in Bharat Heavy Electricals Limited · The Quotations are invited under two part bid system for Pre bid tie up for joint bidding for “Design, Engineering,

(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.

(d) If the Bidder/ his representatives commit any fraud while competing for this contract pursuant

to ‘Fraud Prevention Policy’ of Employer.

(e) In case the Bidder/Contractor is disqualified from the bidding process in terms of Section 3 and

4 of Integrity Pact.

Period of Validity of Bid (Techno-Commercial Bid and Price Bid) Bids shall remain valid for three

hundred (300) 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.

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.

Deadline for Submission of Bids

Bids must be submitted online no later than the time and date stated in the RFQ

Contractor’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 GCC 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 of the 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 personnel, including the

Subcontractors and their personnel, but without prejudice to GCC 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 as specified under GCC Clause 3.13 (Country of Origin).

Page 10: E-mail : pragadeeshtg@bhel.in Bharat Heavy Electricals Limited · The Quotations are invited under two part bid system for Pre bid tie up for joint bidding for “Design, Engineering,

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 ITB Clause 2.1 (Eligible Bidders), 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 ITB Clause 3 (Eligible Plant and Services).

ITEM OF WORK NOMINATED SUB-CONTRACTOR

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 GCC 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-CONTRACTOR NATIONALAITY

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9 | P a g e

ANNEXURE A

PROFORMA OF BANK GUARANTEE FOR EARNEST MONEY (On non-Judic ial paper of appropriate value)

Bank Guarantee No .Date .

To(Employer’s Name and Address)………………………………………….. Dear Si rs,

In accordance with the terms and conditions of Invitation for Bids/Notice Inviting Tender

No……………………………1(Tender Conditions), M/s. …………………………………………………. having its

registered office at …………………………………………2 (hereinafter referred to as the 'Tenderer'), is submitting

its bid for the work of .3 invited by ……………4.(name of the Employer) through its Unit at

…………………(

The Tender Conditions provide that the Tenderer shall pay a sum of Rs ………………………. as Earnest Money

Deposit in the form therein mentioned. The form of payment of Earnest Money Deposit includes Bank Guarantee

executed by a Scheduled Bank.

In lieu of the stipulations contained in the aforesaid Tender Conditions that an irrevocable and unconditional

Bank Guarantee against Earnest Money Deposit for an amount of ...........................5 ...........................................

is required to be submitted by the Tenderer as a condition precedent for participation in the said Tender and the

Tenderer having approached us for giving the said Guarantee,

we, the ............................................................................................[Name & address of the Bank]

................................................................................................. having our Registered Office at

………………….……………………………..(hereinafter referred to as the Bank) being the Guarantor under this

Guarantee, hereby irrevocably and unconditionally undertake to forthwith and immediately pay to the

Employer without any demur, merely on your first demand any sum or sums of Rs. 5

............................................(in words Rupees..........................................) without any reservation, protest, and

recourse and without the beneficiary needing to prove or demonstrate reasons for its such demand.

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. _______________ ________________________.

We undertake to pay to the Employer any money so demanded notwithstanding any dispute or disputes raised

by the Vendor/Contractor/Vendors in any suit or proceeding pending before any Court or Tribunal, Arbitrator or

any other authority, our liability under this present being absolute and unequivocal.

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10 | P a g e

The payment so made by us under this Guarantee shall be a valid discharge of our liability for payment

hereunder and the Tenderer shall have no claim against us for making such payment.

We …………….. Bank further agree 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

Tender or to extend the time of submission of 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 Tenderer and we shall not be relieved from our

liability by reason of any such variation, or extension being granted to the said Tenderer or for any forbearance,

act or omission on the part of the Employer or any indulgence by the Employer to the said Tenderer 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.

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 Tenderer and notwithstanding any

security or other guarantee that the Employer may have in relation to the Tenderer's liabilities.

This Guarantee shall be irrevocable and shall remain in force upto and including……………………………..6 and

shall be extended from time to time for such period as may be desired by the Employer.

This Guarantee shall not be determined or affected by liquidation or winding up, dissolution or change of

constitution or insolvency of the Tenderer but shall in all respects and for all purposes be binding and

operative until payment of all money payable to the Employer in terms hereof. However, unless a demand or

claim under this Guarantee is made on us in writing on or before the ………………………………. 7 we shall

be discharged from all liabilities under this Guarantee.

We, ……………… Bank lastly undertake not to revoke this guarantee during its currency except with the

previous consent of the Employer in writing.

Notwithstanding anything to the contrary contained hereinabove:

a) The liability of the Bank under this Guarantee shall not exceed………………5…..

b) This Guarantee shall be valid up to ………………6

c) Unless the Bank is served a written claim or demand on or before _____________7 all rights under this

guarantee shall be forfeited and the Bank shall be relieved and discharged from all liabilities under this

guarantee irrespective of whether or not the original bank guarantee is returned to the Bank

We, _____________ Bank, have power to issue this Guarantee under law and the undersigned as a duly

authorized person has full powers to sign this Guarantee on behalf of the Bank.

For and on behalf of

(Name of the Bank)

Date……………….

Place of Issue……………….