NTPC Limited
(A Government of India Enterprise)
SHARED SERVICES CENTRE – CMHQ-RANCHI
CONTRACT & MATERIAL DEPTT.
NOTICE INVITING TENDER (NIT)
FOR
CONSTRUCTION OF BOUNDARY WALL FOR TOWNSHIP LAND AT VILLAGE KANCHANPUR
TAHSIL GHARGHODA DISTT RAIGARH FOR TALAIPALLI COAL MINING PROJECT
(Domestic Competitive Bidding)
Tender ID/NIT No:2019_NTPC_22042_1/ 9900183289 Date: 13.08.2019
I. NTPC invites on-line bids on Single Stage Two Envelope Bidding basis (Envelope-I:
Techno-commercial Bid & Envelope-II: Price Bid) from Eligible Bidders for
“Construction of Boundary Wall for Township Land at Village Kanchanpur Tahsil
Gharghoda Distt.-Raigarh for Talaipalli Coal Mining Project” as per Scope of Work
mentioned hereinafter.
II. Brief Scope of Work : Construction of Boundary Wall for Township Land for Talaipalli
Coal Mining Project at village Kanchanpur, Tahsil-Gharghoda, Distt-Raigarh as per the
following:
i) Construction of the boundary wall with - All civil works (below ground and above
ground) pertaining to foundation , brick work, AAC Block work etc.
ii) Architectural works like painting, plastering etc.
iii) Fencing works – erection of steel posts, concertina coil fencing
iv) Construction of drains
v) Performance and fulfilment of all other obligations of the Contractor in accordance
with the provisions of the contract agreement and matters incidental thereto or
necessary for the performance of any or all of the obligations of the Contractor
under this Contract.
vi) Working in harmony with existing civil , electrical and other agencies for timely
completion of work.
vii) Conducting initial ground level survey and liasioning with state govt revenue
officials as and when required.
viii) Complying with safety provisions during contract period and defect liability period
ix) Maintenance of the constructed facility during defect liability period in accordance
with the provisions of this Agreement and in conformity with the requirements set
forth in specifications
The detailed scope and description of work covered under this package has been
specified in relevant clause of Detailed Technical Specification.
III. Detailed Specification, Scope of Work and Terms and Conditions are given in the
bidding document, which are available on-line (www.eprocurentpc.nic.in) as per the
following schedule:
As per provisions of Bidding Documents, the Bidders shall submit “Techno-
Commercial Proposal” and “Price Proposal” online
(https://eprocurentpc.nic.in/nicgep/app), within the bid submission date and time as
mentioned above. Only Techno-Commercial proposals will be opened on the date and
timed mentioned above.
Note: For any corrigendum and extension of date of bid submission, please visit the
website https://eprocurentpc.nic.in
IV. All bids must be accompanied by Tender Fees (Cost of Bidding Documents), Bid
Security (EMD) and Integrity Pact. Bid Security, Tender Fees and Integrity Pact shall
be submitted in a sealed envelope separately offline by the stipulated bid submission
closing date and time at the address given below. Any bid without an acceptable
Tender Fees (Cost of Bidding Documents), Bid Security and Integrity Pact shall be
treated as non-responsive and shall not be opened.
V. Qualifying Requirements for Bidders:
1.0 Technical Criteria:
The bidder should have executed civil works comprising of RCC work and
Brick work within the preceding seven (7) years reckoned as on the date of
Techno Commercial Bid Opening with either of following;
a)
Single order of value not less than Rs. 896 Lakhs,
or
b)
Two orders of value not less than Rs. 560 Lakhs each,
or
c)
Three orders of value not less than Rs. 448 Lakhs each.
NOTES for clause 1.0 above:
i. The word "executed" means the bidder should have achieved the criteria
including the value as mentioned in the above QR within the preceding
seven
(7) years as on date of Techno- commercial bid opening period even if
the contract has been started earlier and/ or is not completed/ closed.
ii. The reference works executed by the bidder's group company / subsidiary
company shall not be considered for meeting the qualifying
requirements by the bidder.
a) IFB No./ Tender ID 9900183289/2019_NTPC_22042_1
b) Date of issue of IFB 13.08.2019
c) Downloading of Bidding Document From 13.08.2019 17:00:00 Hrs.
d) Pre-Bid Conference date NOT APPLICBALE
e) Last date for receipt of queries on Bidding
Documents from Bidders
30.08.2019
f) Last date & Time for submission of online
bids
12.09.2019 upto 1400 Hrs (IST)
g) Date and Time for opening
of Techno- Commercial bids
13.09.2019 at 1430 Hrs. (IST)
h) Opening of Price Bids Shall be informed later
i) Cost of Bidding Documents INR 4500/-
iii. Reference work executed by a bidder as a sub- contractor may also be
considered provided the certificate issued by a main contractor is duly
certified by Project Authority specifying the Scope and value of Work
executed by the sub- contractor in support of qualifying requirements.
iv. Necessary documentary evidence including client certificate in support of
execution of the work to be submitted along with Techno - Commercial
bid.
2.0 Financial Criteria:
(a)
The average annual turnover of the Bidder, in the preceding three (3)
financial years as on the date of Techno-Commercial bid opening,
should not be less than
Rs. 747
Lakhs.
In case a Bidder does not satisfy the average annual turnover criteria,
stipulated above on its own, its Holding Company would be required to
meet the stipulated turnover requirement 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
execution of the Contract by the Bidder in case of award.
(b)
Net worth of the bidder should not be less than 100% (hundred percent)
of the bidder's paid up share capital as on the last day of the preceding
financial year. In case the Bidder meets 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) = ((Xl+X2+X3) / (Yl + Y2
+Y3))Xl 0 0
Where Xl,X2,X3 are individual Net worth which should not be less than
75% of the respective paid up share capitals and Yl,Y2,Y3 are
individual paid up share capitals.
(c)
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 for substantiation of
its qualification.
i. Copies of the unaudited unconsolidated financial statements of
the Bidder along with copies of the audited consolidated
financial
statements of its Holding Company.
ii. A Certificate from the CEO / CFO of the Holding Company, as
per the format enclosed with the bidding documents stating that
the unaudited unconsolidated financial statements form part of
the consolidated Annual financial statements of the Holding
Company.
In cases where audited results for the last financial year as on the date
of Techno Commercial bid opening are not available, the financial results
certified by a practicing Chartered Accountant shall be considered
acceptable. In case, bidder is not able to submit the Certificate from a
practicing Chartered Accountant certifying its financial parameters, the
audited results of three consecutive financial years preceding the last
financial year shall be considered for evaluating the 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 the date of
Techno - commercial bid opening and the Certificate from the practicing
Chartered Accountant certifying the financial parameters is not
available.
Notes for clause 4.2
i)
Net worth means the sum total of the paid up share capital and
free reserve. Free reserve means all reserves credited put 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 Company" shall have the
meaning ascribed to them as per Companies Act of India .
iv)
Notwithstanding
anything stated above, the Employer reserves the
right to assess the capabilities and capacity of the Bidder/ his
collaborators / associates/ subsidiaries/ group companies to perform
the contract, should the circumstances warrant such assessment in
the overall interest of the Employer.
VII NTPC reserves the right to reject any or all bids or cancel/withdraw the NIT for the
subject package without assigning any reason whatsoever and in such case no
bidder/intending bidder shall have any claim arising out of suchaction.
VIII. The bidding document is available online. A complete set of Bidding Documents may
be downloaded by any interested Bidder from the NTPC tender website
https://eprocurentpc.nic.in. The Bidder would be required to register on the website.
First time users are required to register themselves on NTPC tender website
(https://eprocurentpc.nic.in) after filling up the required details. Users whose email
address has not been linked to a vendor code allotted by NTPC/ first time users not
allotted any vendor code by NTPC, should send a copy of the registration details to the
e-mail address specified in this NIT under Address for Communication with following
details at least three working days prior to Technical Opening Date:
a) Request on the letter head of the Company
b) Address Proof
c) Copy of GST Registration Certificate & PAN Card,
d) Email ID and Contact No.
e) Name and Designation of the contact person
f) Cancelled cheque & E.F.T form duly verified by bank
Note: No Hard Copy of bidding documents shall be issued.
IX. Issuance of bid documents to any bidder shall not construe that such bidder is
considered to be qualified. Bids shall be submitted online and opened at the address
given below in the presence of Bidder’s representatives who choose to attend the bid
opening. Bidder shall furnish Bid Security, Tender Fee, Power of Attorney, Integrity
Pact in physical form as detailed in Bidding Documents before the stipulated bid
submission closing date and time at the address given below.
X. Transfer of Bidding Documents purchased by one intending Bidder to another is
not permissible.
XI Address for Communication
AGM (C&M)/ Sr. Manager (C&M),
Shared Services Centre – Coal Mining HQ
NTPC Ltd.,
Coal Mining HQ, Ranchi,
Opposite Chutia Police Station,
Distt : Ranchi -834001
Mob.: 9650992016/ 9650992373
E-mail: ksudhakar@ntpc.co.in / hschouhan01@ntpc.co.in
XII Registered Office:
NTPC Limited
NTPC Bhawan, SCOPE Complex,
7, Institutional Area, Lodi Road,
New Delhi – 110003
Corporate Identification Number:L40101DL1975GOI00796
XIII. No Queries from Bidders, whatsoever, shall be entertained by the Employer beyond
the last date of receipt of Queries/ Pre-Bid Conference as specified above.”
SECTION - II
INSTRUCTIONS TO BIDDERS (ITB)
APPLICABLE FOR E-TENDERS INVITED FOR CIVIL PACKAGES TENDERED ON DCB BASIS
FOLLOWING SINGLE STAGE TWO ENVELOPE BIDDING
INSTRUCTIONS TO BIDDERS (ITB)
TABLE OF CLAUSES (ITB)
S. Description Page No.
No.
A. GENERAL
1.0
INTRODUCTION ...............................................................................................................................................
1
2.0
SOURCE OF FUNDS ..........................................................................................................................................
1
3.0
CONFLICT OF INTEREST ...............................................................................................................................
1
4.0
BIDDER’S SITE VISIT ......................................................................................................................................
1
5.0
CONTENT OF BIDDING DOCUMENTS..........................................................................................................
1
6.0
CLARIFICATION OF BIDDING DOCUMENTS .............................................................................................
2
7.0
PRE-BID CONFERENCE
(If specified
in
the
NIT/Tender
Enquiry/BDS) ............................................................ 2
8.0
ADDENDA/ CORRIGENDA/ AMENDMENTS TO BIDDING DOCUMENTS ...............................................
3
9.0
COST OF BIDDING ...........................................................................................................................................
3
10.0
LANGUAGE OF BID AND UNITS OF MEASURE ..........................................................................................
3
11.0
DOCUMENTS COMPRISING THE BID ..........................................................................................................
4
12.0
BID PRICES AND PRICE BASIS ....................................................................................................................
15
13.0
BID VALIDITY ................................................................................................................................................
16
14.0
BID SECURITY / GUARANTEE / EARNEST MONEY .................................................................................
16
15.0
WORK SCHEDULE ..............................................................................................................................
19
16.0
FORMAT AND SIGNING OF BID ..........................................................................................................
19
17.0
SEALING AND MARKING OF BID .................................................................................................................
19
18.0
DEADLINE FOR SUBMISSION OF BID ................................................................................................
20
19.0
LATE BIDS .......................................................................................................................................................
21
20.0
MODIFICATION, SUBSTITUTION AND WITHDRAWAL OF BIDS ..........................................................
21
21.0
BID OPENING ..................................................................................................................................................
21
23.0
EVALUATION AND COMPARISON OF BIDS .............................................................................................
22
24.0
AWARD CRITERIA .........................................................................................................................................
26
25.0
EMPLOYER’S RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDS ......................................................
26
26.0
LETTER OF AWARD ......................................................................................................................................
26
27.0
CONTRACT PERFORMANCE SECURITY / INITIAL CONTRACT PERFORMANCE SECURITY.........
26
28.0
SIGNING OF CONTRACT AGREEMENT .....................................................................................................
27
29.0
INELIGIBILITY FOR FUTURE TENDERS .............................................................................................
28
30.0
ADHERENCE TO NTPC SAFETY RULES ....................................................................................................
29
31.0
ADHERENCE TO FRAUD PREVENTION POLICY .....................................................................................
29
Page 1 of 31
INSTRUCTIONS TO BIDDERS (ITB)
PART A - GENERAL
1.0
INTRODUCTION
1.1
Employer (As specified in BDS) wishes to receive bids for the Package named in Bid Data Sheet/
NIT/IFB.
1.2
Throughout these Bidding Documents, the term “Bid” and “Tender” and their derivatives
(Bidder/Tenderer, Bidding/Tendering, Bidding Document/Tender Document, etc.); Bill of Quantity
/ Schedule of Quantity / Schedule of Quantities/ Bill of Quantities; Employer / NTPC; Bid Security
/ Earnest Money Deposit; Security Deposit / Performance Security/ Performance Guarantee;
Engineer-in-Charge / Engineer, appearing any where in the Bidding Documents shall have the
same meaning and are synonymous to each other.
2.0
SOURCE OF FUNDS
2.1
Expenditure under this package is intended to be funded from internal resources and/ or
borrowings by the Employer.
3.0
CONFLICT OF INTEREST
3.1
Each Bidder shall submit only one bid either by himself, or as a partner in a joint venture or
consortium, if so permitted in the Bidding Documents. A Bidder who submits or participates in
more than one bid in this bidding will be disqualified from the bidding.
3.2
Bidders should not be associated, or 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 consultancy
services for the preparation of the design, specifications, and other documents to be used for the
execution of Works under this Invitation for Bids.
4.0
BIDDER’S SITE VISIT
4.1
The Bidders are advised to visit the Site to familiarize themselves with the nature and quantum
of work and site condition and obtain all necessary information as to risks, contingencies and
other circumstances which may influence or affect his tender. No extra charges consequent on
any misunderstanding or otherwise shall be allowed.
PART B - BIDDING DOCUMENTS
5.0
CONTENT OF BIDDING DOCUMENTS
5.1
The set of Bidding Documents issued for the purpose of bidding includes one set of the following,
which should be read in conjunction with amendments, if any, issued in accordance with ITB
Clause 8.0 below.
Section
I
Invitation for Bids (IFB)/ Notice Inviting Tender (NIT)
Page 2 of 31
II
Instructions to Bidders (ITB)
III Bid Data Sheet (BDS)
IV General Conditions of Contract (GCC)
V Special Conditions of Contract (SCC)
VI Technical Specifications and Bid Drawings
VII Schedule of Quantities (SOQ)
VIII Forms and Procedures
5.2
The Bidder is expected to examine all instructions, forms, terms, conditions and specifications in
the Bidding Documents, before submission of his bid. Failure to furnish all information or
documentation required by the Bidding Documents may result in the rejection of such bid.
5.3
Bid Drawings
The Bidder is requested to refer the Technical Specifications for the provisions in this regard.
6.0
CLARIFICATION OF BIDDING DOCUMENTS
6.1
A prospective Bidder requiring any clarification of the Bidding Document shall put the query
under Clarification tab of the on-line bid at least three days prior to the clarification end date.
EMPLOYER will respond to any request for clarification or modification of the bidding documents
that it receives within the time line specified.
EMPLOYER will post the Clarifications under Clarification/Corrigendum tab at e-tender website.
Bidders can view these clarifications.
Bidders are advised to regularly check under Clarification/Corrigendum tab regarding posting of
clarification, if any.
Bidders must check the Clarifications issued before submission of Bid. Should the Employer deem
it necessary to amend the Bidding Document as a result of a clarification, it shall do so and upload
the amendments in the tender on the e-tender portal.
7.0
PRE-BID CONFERENCE (If specified in the NIT/Tender Enquiry/BDS)
7.1
Employer at its discretion may organize a pre-bid conference with the prospective Bidders. The
purpose of the conference will be to clarify the package related issues and to respond to the
Bidder’s queries, which may arise from the Bidding Documents, site visit etc. The Employer will
give a notice of the pre-bid conference to the Bidders at least seven (7) days prior to the said
pre-bid conference unless otherwise fixed or informed in the IFB/NIT.
7.2
The Bidders are required to submit their questions/ clarifications/queries etc. in writing including
by way of email from the registered email Id so as to reach the Employer at least three days
before the pre-bid conference. It may not be practicable at the conference to answer the
questions which are received late.
Page 3 of 31
7.3
Record notes of the pre-bid conference including the Employer’s response to the queries raised
by the Bidders in writing may be prepared and transmitted to all the prospective Bidders by the
Employer. Further, any modification to 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 to the Bidding Documents. The record notes of the pre-bid conference shall not be
treated as amendment to the Bidding Documents.
7.4
Non-attendance of the pre-bid conference will not be a cause for disqualification of a Bidder or
his bid.
8.0
ADDENDA/ CORRIGENDA/ AMENDMENTS TO BIDDING DOCUMENTS
8.1
At any time prior to the deadline for submission of bids, 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.
The corrigendum/amendment will be posted in the tender on the e-tender portal for viewing by the
Bidder. The corrigendum/amendment will be binding on Bidders and it will be assumed that the
information contained therein will have been taken into account by the Bidder in its bid. Bidders
are advised to regularly check the tender regarding posting of Corrigendum/ Amendments, if any.
To give prospective Bidders reasonable time to take the amendment into account in preparing
their bid, EMPLOYER may, at its discretion, extend the deadline for the submission of bids.
PART C - PREPARATION OF BID
9.0
COST OF BIDDING
9.1
The Bidder shall bear all costs associated with the preparation and submission of his 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.
10.0
LANGUAGE OF BID AND UNITS OF MEASURE
10.1
The bid and all correspondence and documents relating thereto exchanged by the Bidder and the
Employer shall be written in English. Supporting documents and printed literature furnished by
the Bidder may be in another language provided they are accompanied by an appropriate
translation of pertinent passages into English, in which case, for the purpose of interpretation of
the bid such translations 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.
10.2
The units of measurement shall be metric system of measures, unless otherwise specified
elsewhere.
Page 4 of 31
11.0
DOCUMENTS COMPRISING THE BID
11.1
Bids are invited on ‘Single Stage Two Envelope’ e-bidding basis. Bidders are required to submit
proposal on-line on e-tender portal (www.eprocurentpc.nic.in) by the last date and time’ of
submission of Techno-Commercial Proposal and Price Proposal as stipulated in
IFB/NIT/subsequent communication from the Employer.
11.1.1
Techno-Commercial Proposal
The Techno-Commercial Proposal comprises of following two categories of documents:
[A]
Documents to be submitted in physical form in separate sealed envelope(s):
(a)
Attachment 1: Bid Security (If specified in the NIT/Tender Enquiry):
Bid Security shall be furnished in accordance with ITB Clause 14 in a separate sealed
envelope. Bid not accompanied by the requisite Bid Security, in a separate sealed
envelope, or bid accompanied by Bid Security of insufficient value, shall not be entertained
and in such case, the bid shall be returned to the Bidder without being opened pursuant
to ITB Sub-Clause 14.4.
(a1) Attachment 1A: Tender Fee (If specified in the NIT/Tender Enquiry):
Tender Fee shall be furnished in accordance with ITB Clause 14.10 in a separate sealed
envelope. Bid not accompanied by the requisite Tender Fee in a separate sealed
envelope, or bid accompanied by Tender Fee of insufficient value, shall not be entertained
and in such case, the bid shall not be opened and rejected pursuant to ITB Sub-Clause
14.10.
(b)
Attachment-2: Documents related to legal status of Bidder.
The Bidder and his associate, as the case may be, shall furnish the following
declarations, information, legal documents so as to ascertain his/their legal status:
(i)
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 that 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 the Power of Attorney shall
also be submitted. Further, Bidder to note that Bid can be submitted/ digitally
signed by only One person. The Power of Attorney must be in the name of person
digitally signing the Bid.
Page 5 of 31
(ii)
The Deed of Joint Undertaking (if applicable) as per relevant attachment shall
be sealed in a separate envelope duly marking the envelope as “DEED OF JOINT
UNDERTAKING”.
(iii)
The Joint Venture/Consortium Agreement (if applicable) as per relevant
attachment shall be sealed in a separate envelope duly marking the envelope as
“JOINT VENTURE/CONSORTIUM AGREEMENT”.
(c)
Integrity Pact (If applicable)
Bidders are required to unconditionally accept the "Integrity Pact (IP)" (executed
on plain paper) as per Attachment-12 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 along with the bid. Where the joint ventures(s)/
Consortium are permitted to participate in the bid as per the qualifying
requirements, the signing of Integrity Pact (IP) by all Joint Venture(s) Partner(s) /
Consortium members is mandatory. The Integrity Pact (IP) is to be submitted in a
separate sealed envelope. Bidder’s failure to comply with the aforesaid
requirement regarding submission of “Integrity Pact (IP)” shall lead to
outright rejection of bid and in such case the online bid shall not be opened.
If the owner has terminated the contract pursuant to Section-3 of the Integrity Pact
(IP), the owner shall encash the Performance Bank Guarantee/ Security Deposit,
in accordance with Section-4 of “Integrity Pact”.
[B]
Documents to be submitted online at e-tender portal
The Bid Form (Techno-Commercial Bid) as per Section-VIII, Part 1 of 3, duly completed
together with attachments as mentioned below shall be uploaded at e- tender portal in
Fee Cover /Pre-Qual/Technical Cover (As below):
(a)
Attachment 1: Bid Security (If specified in the NIT/Tender Enquiry):
(To be given offline in physical form as above and scanned copy to be
uploaded in Fee Cover/Envelope on the portal)
Scanned copy of Bid Security [submitted in Original as per ITB Clause A(a) above and ITB
Clause 14] to be uploaded at e-tender portal in Fee Cover/Envelope.
(a1) Attachment 1A: Tender Fee (If specified in the NIT/ IFB/ Tender Enquiry):
(To be given offline in physical form as above and scanned copy to be
uploaded in Fee Cover/Envelope on the portal)
Scanned copy of Tender Fee [submitted in Original as per ITB Clause A(a1) above and
ITB Clause 14.10] to be uploaded at e-tender portal in Fee Cover/Envelope.
(b)
Attachment 2: Documents related to legal status of Bidder
(To be uploaded in Pre-Qual/Technical Cover/Envelope on the portal)
The Bidder and his associate, as the case may be, shall furnish the following declarations,
information, legal documents so as to ascertain his/their legal status and
Page 6 of 31
to check that the person(s) signing the bid has/have the authority to sign the bid; and thus
that the bid is binding upon the Bidder and his associate during the full period of its
validity in accordance with ITB Clause No.13.
1.
In case of Sole Proprietorship Concern
i)
The full name of an individual proprietor, his/her parentage, documentary
proof of his/her age, permanent address and present postal address/
contact details.
ii)
Specimen signature of the Proprietor duly attested by a scheduled Bank
or First Class Magistrate.
iii)
A deed of declaration by the Proprietor, that no other individual or company
has any share in the concern.
2.
In case of Partnership Firm
i)
Certified photocopy of the Partnership Deed, with upto date
amendments (if any).
ii)
Registration certificate issued by the Registrar of Firms concerned.
iii)
In case of change in the constitution of the firm due to retirement or death
or addition of an incoming partner, photocopy of Deed of Dissolution, fresh
registration Certificate and the fresh / extant Partnership Deed, as
applicable.
iv)
Specimen signature of all the partners of the firm duly attested by a
scheduled Bank or First Class Magistrate.
3.
In case of Private Limited Companies
i)
Certified to be true and upto date amended copy of Memorandum and
Articles of Association of the Company.
ii)
Certificate of incorporation of the Company.
iii)
Board resolution authorising the Executive Director(s) to sign the bid/
execute contracts/agreements etc. and affix common seal thereon in
accordance with the provision of Articles of Association of the Company.
OR
Original Power of Attorney issued by Competent Officer under the common
seal of the Company, authorising the person to sign the bid/ execute
contracts/agreements etc.
Page 7 of 31
iv)
Specimen signatures of the Executive Director(s)/ authorised person as in
(iii) above, duly attested by a scheduled Bank or First Class Magistrate.
4.
In case of Public Limited Companies and Statutory Corporations.
i)
Certified to be true copy of Memorandum and Articles of Association of the
Company and/or the relevant Statute/Act.
ii)
Certificate of Incorporation of the company - In case of public limited Co.
only.
iii)
Certificate of Commencement of Business - In case of public limited Co.
only.
iv)
Board resolution authorising the Director(s)/ Executive Director(s) to sign
the bid/ contracts/agreements and affix common seal thereon in
accordance with the provisions of Article of Association of the Company.
OR
Original Power of Attorney issued by Competent Officer under the common
seal of the Company authorising the person to sign the bid/ execute
contracts/agreements etc.
v)
Specimen signature of the Director(s)/ Executive Director(s)/ authorised
person as in (iv) above, duly attested by a scheduled Bank or First Class
Magistrate.
5.
In case of Consortium/ Joint Venture bid (Applicable in case of
Consortium/Joint Ventures as specified in QR)
i)
The information listed in Qualifying Requirements in Bidding Data Sheet
shall be submitted for each Joint Venture or Consortium partner.
ii)
The bid, shall be signed so as to be legally binding on all partners;
iii)
One of the partners shall be nominated as being in charge and shall be
designated as leader; this authorisation shall be evidenced by submitting
with bid, a power of attorney signed by legally authorised signatories of all
the partners;
iv)
The leader shall be authorised to receive instructions for and on behalf of
any and all partners of the Joint Venture/Consortium.
The entire execution of the contract shall be done by Joint
Venture/Consortium. The records of execution of work by Partners of Joint
Venture/Consortium shall be kept at site.
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The bidder shall open a Bank Account at site in the name of Joint
Venture/Consortium and the Employer shall release all the payment into
that account.
v)
All partners of the Joint Venture shall be liable jointly and severally for the
execution of the Contract in accordance with the Contract terms, and a
relevant statement to this effect shall be included in the authorisation
mentioned under (iii) above as well as in the Bid Form and in the
Agreement (in the case of a successful bid) and;
vi)
Original Joint Venture / Consortium Agreement entered into by the Joint
Venture or Consortium partners shall be submitted with the bid. The Joint
Venture or consortium Agreement shall clearly specify the work and
responsibility of each partner.
vii)
Satisfactory evidence of authority of the person signing on behalf of the
Bidder shall be furnished with the bid.
viii)
A copy of the Partnership Deed/Memorandum of Association/Certificate of
incorporation of the prime bidder and all the Joint Venture Partners shall
also be enclosed.
(c)
Attachment 3: Bidder’s Qualifications
(To be uploaded in Pre-Qual/Technical Cover/Envelope on the portal)
Documentary evidence establishing that the Bidder is qualified to perform the contract
shall be furnished in Attachment-3 to the bid. The documentary evidence of the Bidder’s
qualifications to perform the contract, if his bid is accepted, shall establish to the
Employer’s satisfaction that the Bidder has the capabilities and capacities necessary to
perform the contract and meet the experience and other criteria outlined below:
The Bidder shall provide satisfactory evidence that he and/or, where applicable, his
Collaborator/Associate
(i)
Regularly undertake the execution of the type of work specified and has relevant
experience.
(ii)
Does not anticipate a change in ownership during the proposed period of
execution of Works (if such a change is anticipated, the scope and effect thereof
shall be defined).
(iii)
Has adequate financial stability and status to meet the financial obligations
pursuant to the Works covered in the Bidding Documents.
(iv)
Has adequate capability and capacity to perform the Works properly and
expeditiously within the time period specified.
In addition to the general requirements stipulated above, the Bidder should also
specifically meet the qualifying requirements stipulated in Section-III, Bid Data Sheet
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(BDS)/ NIT. However, the documentary evidence of the proposed sub-contractor’s
qualifications against the sub qualifying requirements if so specified in the bidding
documents, shall also be furnished in Attachment - 3. - See Sub-Clause (g) below.
Notwithstanding anything stated above, the Employer reserves the right to undertake- a
physical assessment of the capacity and capabilities including financial capacity and
capability of the Bidder / his Collaborator(s) / Associate(s) / Subsidiary(ies) / Group
Company(ies) to perform the Contract, should the circumstances warrant such
assessment in the overall interest of the Employer.
The physical assessment shall include but not be limited to the assessment of the
office/facilities/banker's/reference works by the Employer. A negative determination of
such assessment of capacity and capabilities may result in the rejection of the Bid.
The above right to undertake the physical assessment shall be applicable for the qualifying
requirements stipulated in both Section - ITB and in Section – BDS
Bidders shall certify their compliance on "Qualifying Requirements" of Employer
by accepting the following GTE at e-tender portal:
“Do you certify full compliance on Qualifying Requirements”
Acceptance of above GTE shall be considered as bidder's confirmation to the
following conditions:
(a)
The reference works whose details have been declared as per the specified
format in the relevant attachment shall only be considered for
evaluation/establishing compliance to Qualifying Requirement (QR).
(b)
No change or substitution in respect of reference works for meeting the
specified Qualifying Requirement (QR) shall be offered by the bidder.
(c1) Attachment 3A: Details of Available bid Capacity
Declaration by the Bidder regarding maximum value of works performed during
the last 7 (Seven) years as on the date of bid opening of Techno-Commercial bids
and details of existing commitments and works to be completed during the next 3
years as on the date of bid opening of Techno-Commercial bids.
(c2) Attachment 3B: Certificate Regarding Ownership change
(To be uploaded in Pre-Qual/Technical Cover/Envelope on the portal)
Declaration by the Bidder conforming that they do not anticipate any in change ownership
during proposed period of execution of the work (if such a change is anticipated, the scope
and effect there of shall be defined).
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(d)
Attachment 4: List of similar Works on hand & percentage completed
(To be uploaded in Pre-Qual/Technical Cover/Envelope on the portal)
The Bidder shall provide the details of similar works being executed by him in Attachment
– 4 to his bid.
(e)
Attachment 5: List of Contracts executed
(To be uploaded in Pre-Qual/Technical Cover/Envelope on the portal)
The Bidder shall furnish the details of the Contracts executed by him in the last ten
(10) years in Attachment – 5 to his bid.
(f)
(i) Attachment 6: Equipment/ Machinery deployment Schedule
(To be uploaded in Pre-Qual/Technical Cover/Envelope on the portal)
The Bidder shall indicate the quantum and schedule of the equipment/ machinery/
lab equipment etc. he proposes to deploy for the work under this bid.
(ii) Attachment 6A: Safety Equipment & Safety Personal Protective
Equipment (To be uploaded in Pre-Qual/Technical Cover/Envelope on the
portal)
The Bidder shall indicate the quantum and schedule of the Safety Equipments and
Safety Personal Protective Equipments etc. he proposes to deploy for the Work
under this bid over and above the minimum requirement mentioned in the
Attachment-6A.
(g)
Attachment 7: Subcontractors Proposed by the Bidder
(To be uploaded in Pre-Qual/Technical Cover/Envelope on the portal)
The Bidder shall furnish the names of the agencies for each sub-contract(s) alongwith the
broad scope of work for each of the sub-contracting works proposed for subcontracting.
The Bidder shall not propose sub-contracting of the whole of the Works. The
subcontracting of Work shall preferably be of a sizeable quantum of work in specific work
areas. While proposing the sub-contractor(s), Bidder should consider the progress/
requirements as per work schedule and accordingly assess the capacity & capability of
the agency(s). The Bidder shall also furnish the complete credentials of each of the
agencies in Attachment- 7 which inter-alia shall include the following:
(i)
Details of similar works executed in Industrial/Infrastructure projects in the last
seven (7) years including achievements. Details shall clearly indicate the name,
address & contact details of the client, period of execution, the nature/scope of
work, major civil/structural/ architectural quantities in his scope and physical
progress achieved on monthly/yearly basis.
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(ii)
List of plant & equipment proposed for deployment indicating whether the plant &
equipment are lying idle and/or will be diverted from other works indicating likely
date of release by client.
(iii)
Details of technical manpower available for deployment.
(iv)
Details of financial status for last three (3) years.
(v)
Letter of confirmation from the proposed sub-contractor, signifying his confirmation
to execute the work.
(h)
Attachment 8: List of Financial Documents
(To be uploaded in Pre-Qual/Technical Cover/Envelope on the portal)
Following documents shall be furnished in Attachment - 8 to the bid:
1.
Solvency Certificate from Bankers, issued not earlier than fifteen (15) days prior
to the scheduled date of bid opening of the Package.
2.
Balance Sheet and Profit and Loss Account Statement (of last 3 years duly
certified by a practicing Chartered Accountant).
3.
List of immovable assets of proprietor/ partners (In case of Proprietary/ Partnership
firm).
4.
Cash flow statement for execution of the subject package. ("TO BE SUBMITTED
WITH THE PRICE BID")
5.
PAN Number
6.
GST Identification Number (GSTIN)
(i)
Attachment 9: General Declaration of Bidder
(To be uploaded in Pre-Qual/Technical Cover/Envelope on the portal)
Declaration that the Bidder has carefully examined the Bidding Documents in totality and
his authorised personnel have visited the site for assessment of all factors for the purposes
of bidding.
(j)
Attachment 10: Details of Accidents
(To be uploaded in Pre-Qual/Technical Cover/Envelope on the portal)
The Bidder shall furnish the details of the fatal/non-fatal accidents taken place in the last
three (3) years in various works executed/ being executed by the Bidder.
(k)
Attachment 11: Electronic Fund Transfer Authorisation Form
(To be uploaded in Pre-Qual/Technical Cover/Envelope on the portal)
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Authorisation Form for release of payments through Electronic Fund Transfer System.
(l)
Attachment 12 : Integrity Pact (If applicable)
(To be given offline in physical form as above and scanned copy to be
uploaded in Pre-Qual/Technical Cover/Envelope on the portal)
(m)
Attachment 13: Information regarding Safety Management
(To be uploaded in Pre-Qual/Technical Cover/Envelope on the portal)
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" will 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
Engineer-In-Charge/ Head of Project before start of work at Site.
(n)
Attachment 13A : Undertaking to register the awarded work with Safety Council
of India
Undertaking given by the bidder that, in case of award of the package, they shall register
the awarded work with Safety Council of India (SCI), Mumbai and shall comply with
requirements of Safety Council of India (SCI).
[C]
COMPLIANCE TO GENERAL TECHNICAL EVALUATION (GTE) CONDITIONS ON-
LINE:
Bidders are required to accept General Technical Evaluation (GTE) conditions on-line
while submitting their bid. Bidders may note that in case they do not accept the GTE
conditions, their bids shall not be considered and shall be rejected. The GTE conditions
are as below:
(o)
Attachment 14: Compliance with the provisions of the Bidding Document (NIL
DEVIATION) [To be accepted on-line under General Technical
Evaluation (GTE) at e-tender portal]
No deviation, whatsoever, is permitted by the Employer to the 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. Bidders are required
to certify their full compliance to the complete Bidding Documents and its subsequent
Amendment(s) / Clarification(s) / Addenda / Errata, if any, issued by the Employer by
accepting the following General Technical Evaluation (GTE) condition at e-tender portal:
“Do you certify full compliance to all Provisions of Bid Doc”
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Acceptance of above condition shall be considered as Bidder's confirmation that any
deviation to the any Provisions found anywhere in their Bid Proposal, implicit or explicit,
shall stand unconditionally withdrawn, without any cost implication whatsoever to the
Employer, failing which the bid security shall be forfeited.
(p)
Attachment 15: Declaration on Fraud Prevention Policy [To be accepted on-line under
General Technical Evaluation (GTE) at e-tender portal]:
Declaration to the effect that the Bidder shall abide by Fraud Prevention Policy of the
Employer displayed on NTPC’s website http://www.ntpctender.com indicating his
compliance to the provisions of ITB Sub-Clause 31, by accepting the following GTE
condition:
“Do you accept the Fraud Prevention Policy of NTPC”.
(q)
Attachment 16: Declaration on Policy for withholding and Banning of Business Dealings
[To be accepted on-line under General Technical Evaluation (GTE) at
e-tender portal]:
Declaration to the effect that the Bidder shall abide by Banning Policy of the Employer as
enclosed with the Bidding Documents indicating his compliance to the provisions of ITB
Sub-Clause 32, by accepting the following GTE condition:
“Do you accept Withholding and Banning of Business Dealing Policy of NTPC”.
(r)
Attachment 17: Declaration regarding Safety policy of NTPC [To be accepted on- line
under General Technical Evaluation (GTE) at e-tender portal]:
Declaration to the effect that the Bidder shall abide by Safety policy of NTPC displayed
on NTPC's website http://www.ntpctender.com indicating his compliance to the provisions
of ITB Sub-Clause 30, by accepting the following GTE condition:
“Do you accept NTPC Safety Rules”.
Other Attachments, if any, shall be as stipulated in BDS.
(o)
Attachment 18: Compliance on "Qualifying Requirements" - Do you certify full
compliance on Qualifying Requirements
Acceptance of above GTE shall be considered as bidder's confirmation to the
following conditions:
(a)
The reference works whose details have been declared as per the specified
format in the relevant attachment shall only be considered for
evaluation/establishing compliance to Qualifying Requirement (QR).
(b)
No change or substitution in respect of reference works for meeting the
specified Qualifying Requirement (QR) shall be offered by the bidder.
Page 14 of 31
11.1.2
The 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.
11.1.3
Price Proposal
11.1.3.1
The Bid Form (Price Proposal) as per Section-VIII, Part 2 of 3, duly completed together with
attachments, as mentioned below, along with Cash Flow statement shall be uploaded in pdf file
at e-tender portal in Finance Cover/Envelope:
(i)
Attachment 1P: Declaration of Import Content (To be uploaded in Finance
Cover/Envelope on the portal) – If Applicable:
Where the Bidder has quoted taking into account the Customs Duty benefits available for import
of equipment and materials for facilitating the execution of the Works, he shall give all information
required for issue of relevant Certificate by the Employer in Attachment – 1P to his bid.
(ii)
Attachment 2P: Declaration for import of Construction equipment (To be uploaded in
Finance Cover/Envelope on the portal) – If Applicable:
Where the Bidder has quoted taking into account the Customs Duty benefits available for import
of construction equipment as per the extant Customs Acts and Notifications of Govt. of India, he
shall give all information required for issue of relevant Certificate by Employer in Attachment – 2P
to his bid.
Other Attachments, if any, shall be as stipulated in BDS.
11.1.3.2
Schedule of Quantities/ Bill of Quantities (BOQ.XLS FILE- To be uploaded on-line in
Finance Cover/Envelope)
In the Bill of Quantity (BOQ) provided, the bidder shall quote (i) the basis prices (including all
taxes & Duties etc. but excluding GST) and (ii) applicable GST % as asked for in the BOQ.
The filled Bill of Quantity (BOQ) is to be uploaded in the Finance Cover/Envelope on the portal
(www.eprocurentpc.nic.in).
11.2
Price Bid should not contain any matter in respect of Technical and / or Commercial
aspects other than the details specifically sought 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.
11.3
Filling the information in the attachments with answers like “shall be given later” “or” “shall be
mutually discussed and finalised” or “information already submitted at the time of enlistment”
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etc. shall not be accepted. Even if the information required in the attachments has been given in
response to any other recent invitation for bids of the Employer or in some other reference, it is
mandatory for the Bidder to give the information along with his bid as asked for. Non- compliance
with the above or leaving the attachment(s) blank may lead to the rejection of the bid. The
information furnished by the Bidder should be consistent, correct and true. The Employer reserves
the right to verify the information given and if found incorrect, the bid may be rejected.
12.0
BID PRICES AND PRICE BASIS
12.1
The currency of the bid and currency of payment shall be Indian Rupees.
12.2
The Bidder shall fill in unit rates/prices for all items of Works described in the Schedule of
Quantities. The rates/prices quoted in the Schedule of Quantities shall also be deemed to include
any incidentals not shown or specified but reasonably implied or necessary for the proper
completion and functioning of the specified Works in accordance with the Bidding Documents.
Items of the work described in the Schedule of Quantities for which no rate or price has been
entered therein by the Bidder, shall also be considered as an abnormally quoted item and shall
be governed by the relevant provisions of ITB Sub-Clause 23.6.
12.3
The rates/amount quoted in the Schedule of Quantities shall be inclusive of all taxes, duties,
levies, fees, royalty, etc, except Goods and Service Tax (GST). The Goods and Services Tax
(GST) applicable on all items of Works described in the Schedule of Quantities, shall be quoted
separately in BoQ. The GST quoted by the bidder shall be as applicable in the Employer’s country
as on seven (7) days prior to the deadline for submission of Techno- Commercial Bids.
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.
12.4
The award of the Contract shall be on 'Works Contract' basis. The Employer shall bear and
pay/reimburse to the Contractor Goods and Services Tax (GST) applicable on the items of Works
Contract described in the Schedule of Quantities. However, the taxes, duties & levies as may be
applicable on the materials used for Works Contract shall be to the contractor's account and no
separate claim in this regard will be entertained by the Employer. Further, in case of any variation
in the rates of the GST after the date seven (7) days prior to deadline set for submission of the
Techno-Commercial bids, the same shall be paid/ reimbursed to/ recovered from the Contractor
subject to submission of documentary evidence.
12.5
It shall be incumbent upon the successful Bidder to obtain a registration certificate under the GST
Law, and other law(s) relating to levy of tax, duty, cess etc. and necessary evidence to this effect
shall be furnished by the successful Bidder to the Employer. If the successful Bidder intends to
engage itself in quarrying or mining of soil/earth, sand, stone/aggregates, metals, minerals or
minor minerals required for the Works, as the case may be, it shall obtain necessary permits
under the applicable law for such mining or quarrying from the State/Central Government
authorities and pay the fee or charges applicable thereto.
12.6
The Bid Price shall also be inclusive of any Royalties or Seigniorage Fee or Cess or other charges
payable on the quarried or mined metal, minerals, or minor minerals, as the case may
Page 16 of 31
be, at the rate(s) prevailing as on seven (7) days prior to the date of Techno-Commercial bid
opening.
12.7
If a new tax, duty or levy is imposed under statute or law in India after the date seven (7) days
prior to date of Techno-Commercial bid opening and the successful bidder becomes liable there
under to pay and actually pays the said new tax, duty or levy for bonafide use on the Works
contracted, the same shall be reimbursed to the Successful Bidder against documentary
evidence of proof of payment, provided that the amount thus claimed is not paid/payable under
price variation provision of the Contract.
12.8
The payment/reimbursement of statutory variations in the rates of tax and/or of new tax, duty or
levy imposed under statute or law in India as per ITB Sub-Clauses 12.4, 12.5, 12.6 and
12.7 above, would be restricted only to direct transactions between the Employer and the
successful bidder.
12.9
The Employer shall be entitled to make necessary tax deductions at source as per the prevalent
laws. The Contractor shall be required to submit the PAN details to the Engineer-in- Charge before
the submission of the first bill.
12.10
The Bidder shall himself be informed of all the applicable laws, notifications, rules, circulars and
other communications of the State or Central or other authorities with regard to levy of any tax,
duty, cess, levy or fee such that his bid prices take into account all of them.
12.11
Unless otherwise provided in the Bid Data Sheet and Special Conditions of Contract, the rates
and prices quoted by the Bidder will be subject to adjustment for price escalation during the
performance of the Contract in accordance with GCC Clause 25. Any bid stipulating Price
Adjustment provisions other than those specified in GCC Clause 25 shall run the risk of rejection.
12.12
In the Bill of Quantities (BOQ), the unit rates and total value have been provided by NTPC
for DSR and Non-DSR Items. The bidders have to quote discount or premium in percentage
(%age) over the total value on the Price Specified under each schedule of the Schedule of
Quantities (SOQ), in the BoQ (Excel sheet). The ‘Premium (%)’ or ‘Discount (%)’ quoted by
the bidders at item data shall only be considered for the purpose of evaluation and award.
13.0
BID VALIDITY
13.1
The bidder shall initially keep his bid (both Techno-Commercial Bid and Price Bid) valid for a
period of six (6) months from the date of opening of Techno-commercial Bid. The bidder agrees
not to vary, alter or revoke his bid either in whole or in part during that period.
13.2
In exceptional circumstances, prior to the expiry of the original bid validity period, the Employer
may request the Bidders to extend the period of validity for a specified additional period. The
request and the responses thereto shall be made in writing. A Bidder agreeing to the request will
not be permitted to modify his bid, but will be required to extend the validity of his bid security/
EMD for the period of the extension.
14.0
BID SECURITY / GUARANTEE / EARNEST MONEY
14.1 The Bidder shall furnish, as part of his bid, a Bid Security in the amount as stipulated in Bid Data
Sheet, in a separate envelope, superscribed on the top as under:
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“ORIGINAL BID SECURITY FOR ………………………… (NAME OF PACKAGE)
SPECIFICATION NO. ………………….. DUE ON ……… (DATE OF BID OPENING) FROM
……………………………. (NAME OF THE BIDDER).”
14.2 The EMD offered shall, at Bidders option, be in the form of a crossed Demand Draft/Pay
Order/Bankers Cheque or an unconditional and irrevocable Bank Guarantee from any of the
banks specified in the bidding documents. The Bidders’ at their option may also submit the
EMD/Bid Security amount through E-Payment by Credit Card/Debit card/Net Banking on the
NTPC e-tender portal. Upon successful E-payment on the portal, an e-receipt shall be generated
by the system, a copy of which is to be submitted by the bidder along with the bid as a proof of
e-payment of Bid Security. The format of Bid Guarantee towards EMD shall be in accordance
with the form of EMD included in the bidding documents. The EMD shall remain valid for a period
of forty five (45) days beyond the original Bid validity period or beyond any extension in the period
of Bid validity subsequently requested.
14.2.1 Confirmation of BG through Structured Financial Messaging System (SFMS)/SWIFT
While issuing the physical BG, the Bidder’s Bank shall also send electronic message to
Employer’s Beneficiary Bank whose details are provided in BDS through secure SFMS (in case
of BGs issued from within India).
14.1
The Bid Security shall remain valid for a period of forty-five (45) days beyond the original bid
validity period or beyond any extension in the period of bid validity subsequently requested. The
Bank Guarantee Verification Checklist duly filled in as per format given in the Bidding Documents
will also be submitted in this regard. Bidder shall ensure that all the points of check list are
replied in "Yes".
Wherever Bids under Joint Venture route are permitted as per Qualifying Requirement in the
Bidding Documents, the Earnest Money Deposit of the Joint Venture must be on behalf of all the
partners of the Joint Venture.
14.2
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.
14.3
In case of Single Stage Single Envelope bidding process, the EMD of all the bidders except
recommended/evaluated L-1 bidder shall be returned immediately after finalization of valuation
report/recommendations by Tender Committee (TC) whether the recommendation of TC is
for award/negotiation/annulment.
In case of Single Stage Two Envelope and Two Stage bidding process, the EMD of the Bidders
whose Technical Bid has not been found acceptable, shall be returned along with letter
communicating rejection of Technical Bid. The EMD of all the Bidders except
recommended/evaluated L-1 bidder, whose price bids are opened, shall be returned immediately
after finalization of evaluation report/recommendations by the Tender Committee (TC) whether
the recommendation of TC is for award/ negotiation/annulment.
An intimation in this regard shall also be sent to all such bidders, after return of their EMD, through
e-tendering system/e-mail by the concerned executive.
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14.4
The Bid Security of the successful Bidder to whom the contract is awarded will be returned when
the said Bidder has signed the Contract Agreement pursuant to ITB Clause titled ‘Signing the
Contract Agreement’ and has furnished the required Performance Securities pursuant to ITB
Clause titled ‘Performance Security’.
14.5
The Bid Security shall be forfeited in any of the following circumstances without any notice or
proof of damage to the Employer:
(a)
If the Bidder withdraws or varies his bid during the period of Bid validity.
(b)
If the successful Bidder does not accept the correction of its Bid Price pursuant to ITB
Sub-Clause 23.2.
(c)
If the successful Bidder refuses to withdraw, without any cost to the Employer, any
deviation to bidding documents found anywhere in the bid.
(d)
If the successful Bidder fails within the time limit specified to accept the award of Contract
or fails to furnish the required Contract Performance Security in accordance with ITB
Clause 27.
(e)
If the bidder/ his representative commits any frauds while competing for this Contract
pursuant to the Fraud Prevention Policy of NTPC.
(f)
In case the bidder is disqualified from the bidding process in terms of section 3 & 4 of
Integrity Pact.
14.6
No interest will be payable by the Employer on the said amount covered under Bid Security.
14.7
Confirmation of BGs (including Bid Security) through Structured Financial Messaging
System (SFMS)/SWIFT
While issuing the physical BG, the Bidder’s Bank shall also send electronic message to
Employer’s Beneficiary Bank whose details are provided in BDS through secure SFMS (in case
of BGs issued from within India).
14.8
TENDER FEE
14.10.1
The Bidder shall furnish, as part of his bid, a Tender Fee in the amount as stipulated in
NIT/IFB/Tender Enquiry/BDS, in a separate envelope superscribed on the top as under:
“ORIGINAL TENDER FEE FOR .................................................................. (NAME OF PACKAGE)
SPECIFICATION NO. ………………….. DUE ON ............. (DATE OF BID OPENING) FROM
……………………………. (NAME OF THE BIDDER).”
14.10.2
The Tender Fee shall be in the form of a crossed Demand Draft or Pay order or Banker’s Cheque
in favour of NTPC Ltd. payable at the Station inviting tender as specified in SCC to this bidding
document.
14.10.3
Any bid not accompanied by an acceptable Tender Fee in accordance with the aforesaid
provisions shall be rejected by the Employer as being non-responsive and shall not be
Page 19 of 31
opened.
15.0 WORK SCHEDULE
The entire Work covered under the contract of this bid shall be completed within the time specified
in the Bid Data Sheet and further elaborated in the Technical Specifications. The Work shall be
performed in time and to achieve the targets, the Contractor shall have to plan adequate
mobilisation of all resources. List of equipment, construction methodology, site organisation setup
and a detailed Work Schedule shall be discussed with the successful Bidder before the award
of the Contract and agreed to and such agreed Work Schedule shall form part of Letter of Award.
16.0 FORMAT AND SIGNING OF BID
The bid including all documents uploaded at e-tender portal shall be digitally certified using class-
II/III signature by a duly authorized representative of the Bidder to bind him to the contract. The
authorization shall be indicated by a written legal Document/Power of Attorney as per ITB Clause
No. 11.2(b) and shall be submitted in Hard Copy prior to date & time for opening of Techno-
Commercial Bids.
The on-line bid is to be digitally signed using a valid Class III digital certificate as per Indian IT Act
from the licensed Certifying Authorities (CA) operating under the Root Certifying Authority of
India (RCAI) namely Controller of Certifying Authorities (CCA) of India, failing which the bid shall
be rejected.
PART D - SUBMISSION OF BID
17.0
SEALING AND MARKING OF BID
Bid shall be submitted through e-tender mode in the manner specified elsewhere in bidding
document. No Manual/ Hard Copy of the Bid shall be acceptable.
17.1
Documents to be submitted in physical form (as brought out at ITB clause 11.1) shall be sealed
and marked in the following manner:
(i)
The Earnest Money Deposit (in case paid in modes other than on-line payment) and Tender
Fee furnished in accordance with ITB Clause 14 shall be sealed in a separate envelope
duly marking the envelope as "ATTACHMENT-1 : BID SECURITY/ EARNEST MONEY
DEPOSIT".
(ii)
The Legal document/power of attorney furnished in accordance with ITB Clause 11.2
(b) shall be sealed in a separate envelope duly marking the envelope as
"ATTACHMENT-2 : LEGAL DOCUMENT/POWER OF ATTORNEY".
(iii)
The deed of joint undertaking (if applicable) as per relevant attachment shall be sealed in
a separate envelope duly marking the envelope as “DEED OF JOINT UNDERTAKING”.
(iv)
The joint venture/consortium agreement (if applicable) as per relevant attachment shall
be sealed in a separate envelope duly marking the envelope as “JOINT
VENTURE/CONSORTIUM AGREEMENT”.
(v)
The ‘Integrity Pact” (if applicable and as specified in BDS) as per ATTACHMENT-12 duly
signed by the signatory authorized to sign the bid, shall be sealed in a separate envelope
entitled “ATTACHMENT-12: INTEGRITY PACT”.
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The envelopes shall then be sealed in an outer envelope.
17.2
The inner and outer envelopes shall:
(a)
be addressed to the Employer at the address given in the Bid Data Sheet, and
(b)
bear the Package name indicated in the Bid Data Sheet, the Invitation for Bids number
indicated in the Bid Data Sheet, and the statement “DO NOT OPEN BEFORE [date],” to
be completed with the time and date specified in the Bid Data Sheet, pursuant to ITB
clause 21.0.
17.3
The inner envelopes shall also indicate the name and address of the Bidder.
17.4
If the outer envelope is not sealed and marked as required by ITB Sub-Clause 17.2 above, the
Employer will assume no responsibility for its misplacement.
17.5
Any future correspondence shall be submitted at the address referred at ITB Sub- Clause
17.2.
18.0
DEADLINE FOR SUBMISSION OF BID
18.1
Bids must be submitted online no later than the time and date stated in the Bid Data Sheet/ NIT/
IFB/ Tender Enquiry. Original Bid Security / Integrity Pact/ Deed of Joint Undertaking / JV
Agreement (as applicable) and 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.
18.2
EMPLOYER may, at its discretion, extend this deadline for submission of bids by amending the
bidding documents in accordance with ITB Sub-Clause 8.0, in which case all rights and obligations
of Employer and Bidders will thereafter be subject to the deadline as extended.
19.0 LATE BIDS
Not Accepted.
Any Earnest Money Deposit (or extension thereof) and/or Tender Fee and/or Integrity Pact bid
received by the Employer after the bid submission deadline prescribed by the Employer, pursuant
to ITB Clause 18, will be rejected and returned unopened to the Bidder.
20.0
MODIFICATION, SUBSTITUTION AND WITHDRAWAL OF BIDS
20.1
The Bidder may modify or withdraw its bid after submission prior to the deadline prescribed for
bid submission.
20.2
Bidder can modify its Bid any number of times before the deadline of bid submission.
20.3
In case of withdrawal a letter giving the reason for withdrawal is to be uploaded. Once a bid is
withdrawn, the bid cannot be re-submitted.
20.4
Withdrawal, cancelling or varying any terms in regard thereof of a bid during the interval between
the deadline for the submission of Bids and the expiration of the period of bid validity specified in
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ITB Clause 13.0 above shall result in the forfeiture of the Bid Security/ EMD pursuant to ITB
Clause 14.0 above.
PART E - BID OPENING AND EVALUATION
21.0
BID OPENING
The bids will be opened at the time, date and location notified in the Bid Data Sheet/ NIT/ IFB/
Tender Enquiry, in the presence of the Bidder’s authorised representatives (not exceeding two
per Bidder) who choose to attend. All important information and any such other detail, as may be
considered appropriate by the Employer will be read out during the bid opening.
21.1
Techno-Commercial Bid Opening
21.1.1
The Employer will first open Techno-Commercial Bid in the presence of bidders’ representatives
who choose to attend the opening 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
EMPLOYER, the bids will be opened at the appointed time on the next working day. All important
information and other such details as EMPLOYER, at its discretion, may consider appropriate, will
be announced at the opening.
21.1.2
In case requisite bid security pursuant to ITB Clause 14, and/or Integrity Pact (IP) as per
provision of Integrity Pact specified in BDS are not submitted before the stipulated bid
submission closing date and time then Bid shall be rejected by EMPLOYER as being non-
responsive and shall not be opened
21.1.3
The Price Bid will remain unopened and the date and time for opening of price bids shall be
intimated separately by EMPLOYER after completion of evaluation of Techno-Commercial Bids.
21.2
Price Bid Opening
21.2.1
After the evaluation process of Techno-Commercial bid is completed, Employer will inform in
writing the eligible Bidders regarding date, time and venue set for the opening of Price Bid.
Bidders, whose Techno-Commercial Bid is not substantially responsive, shall also be informed in
writing and their Price bid will be rejected and shall not be opened and their bid security shall be
returned prior to opening of Price Bid.
21.2.2
Price bids of those Bidders, who have been considered qualified and whose Techno- Commercial
Bid found to be responsive, will be opened online in presence of the Bidder’s authorised
representatives who choose to attend.
21.2.3
The participating bidders will be able to view the bid prices of all the bidders at e-tender portal
after online opening of Price Bids by Employer.
22.0 CLARIFICATION OF BIDS
Bidder's attention is drawn that during the period, the bids are under consideration, the Bidder is
advised to refrain from contacting by any means, the Employer and/or his
employees/representatives on matters related to the bids under consideration. Any effort by a
Bidder to influence the Employer's processing of bids or award decisions will result in the rejection
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of the Bidder's bid.
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 works 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 works in the bid by new/additional works for conforming to
Qualifying Requirement shall be sought, offered or permitted.
23.0
EVALUATION AND COMPARISON OF BIDS
23.1
EVALUATION OF TECHNO-COMMERCIAL PROPOSALS INCLUDING QUALIFICATION
DATA
23.1.1.1
The Employer will initially determine whether each Techno-Commercial bid is of acceptable
quality, is generally complete and is substantially responsive to the Bidding Documents. For
purposes of this determination, a substantially responsive bid is one that conforms to all the terms,
conditions and specifications of the Bidding Documents without material deviations, objections,
conditionalities or reservations. A material deviation, objection, conditionality or reservation is one
(i) that affects in any substantial way the scope, quality or performance of the contract; or (ii)
that limits in any substantial way, inconsistent with the Bidding Documents, the Employer’s
rights or the Bidder’s obligations under the contract; or (iii) whose rectification would unfairly
affect the competitive position of other Bidders who are presenting substantially responsive
bids.
23.1.1.2
Compliance with the provisions of the bidding document
No deviation, whatsoever, is permitted by the Employer to the 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. Bidders are required to certify their full compliance
to the complete Bidding Documents and its subsequent Amendment(s) / Clarification(s) / Addenda
/ Errata if any, issued by the Employer by accepting the following ‘General Technical Evaluation
(GTE)’ condition at e-tender portal:
“Do you certify full compliance to all provisions of Bid Doc?”
Acceptance of above attribute shall be considered as Bidder's confirmation that any deviation to
the any Provisions found anywhere in their Bid Proposal, implicit or explicit, shall stand
unconditionally withdrawn, without any cost implication whatsoever to the Employer, failing which
the bid security shall be forfeited.
23.1.1.3
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.
23.1.2
The Employer, by the examination of Techno-Commercial Proposal, 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 Bid Data Sheet/ NIT/ IFB. The determination
will take into account the bidder’s financial and technical capabilities, in particular its contracts,
works in hand, future commitments and current litigation. It will be based upon an examination
of documentary evidence of bidder’s qualification submitted by the bidder in Attachment-3 to
the Bid Form of Techno-Commercial Proposal as well as such other information as the Employer
Page 23 of 31
deems necessary and appropriate. The bidder shall furnish required information promptly to the
Employer. The Employer will shortlist the Bidders meeting the stipulated Qualifying Requirements.
23.1.3
An affirmative determination will be a prerequisite for opening of Price Proposal. A negative
determination will result in rejection of the Bidder’s Techno-Commercial Bid in which event the
earlier submitted Price Bid of the Bidder shall not be opened.
23.1.4
The capabilities of the vendors and subcontractors, proposed in Attachment-7, may 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 quoted in Price Proposal.
23.1.5
The Employer will then carry out the evaluation of Techno-Commercial Proposals (of the qualified
bidders shortlisted as above) on the basis of their responsiveness to the scope of services,
Technical Specification and other terms and conditions specified in the Bidding Documents to
ascertain whether Techno-Commercial bid is generally complete, whether required securities
have been furnished, whether documents have been properly signed, whether bids are
generally in order and are substantially responsive.
23.1.6
The Employer will carry out a detailed evaluation of Techno-commercial Bids in order to determine
to be substantially responsive whether the technical aspects are in accordance with the
requirements set forth in the bidding documents. In order to reach such a determination, 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 tender
Drawings; 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)
Any other relevant factors listed in the General Conditions of Contract, Special Conditions
of Contract and Instruction to Bidders, or that the Employer deems necessary or prudent
to take into consideration.
(c)
Compliance with the time schedule as specified in the bidding documents.
(d)
Functional Guarantees of the facilities as specified in Bid Data Sheet.
23.1.6.1 Bidder may note that deviations, variations and additional conditions etc. or any mention contrary
to the bidding documents read in conjunction with Amendment(s)/ Clarification(s)/ Addenda/
Errata (if any) found anywhere in the Techno-Commercial and/or, Price Bid, implicit or explicit
shall not be given effect to in evaluation and the same shall stand unconditionally withdrawn by
the bidder without any cost implication to the Employer; failing which the bid security shall be
forfeited.
23.1.7
Post Bid Discussions:
The Employer, at its discretion, may hold post bid discussions with any one or all the bidders at
a mutually suitable date & time. However, it will not be construed from invitation/ holding of post
bid discussions that the bidders have been considered eligible for opening of their Price Bid. The
discussion will cover all the aspects of bidder's offer in the Techno-commercial proposal.
23.2
OPENING OF PRICE PROPOSAL AND EVALUATION
Page 24 of 31
23.2.1
After the evaluation process of Techno-Commercial bid is completed, the Employer will inform in
writing the eligible Bidders regarding date, time and venue set for the opening of Price Proposals.
Bidders, whose Techno-commercial Proposal is not substantially responsive, shall also be
informed in writing and their Price Proposal will be rejected and their bid security shall be returned
prior to opening of price bids of other qualified bids.
23.2.2
Price Proposals of those Bidders, whose Techno-Commercial Proposal found to be substantially
responsive, will be opened in presence of the Bidder’s authorised representatives (not
exceeding two per Bidder) who choose to attend. All important information and any such other
detail, as may be considered appropriate by the Employer will be read out during the bid opening.
23.2.3
The Employer will determine whether the Price Proposals are complete, (i.e. whether they have
taken into account cost of all services/items of the corresponding Techno-Commercial proposals,
if not, the Employer will add cost of the same to the initial price) and correct any computational
errors.
23.2.4
Arithmetical errors in the Price Proposals will be rectified on the following basis:
If on check there are found to be differences between the rates/prices given by the Bidder in
words and figures or in the amount worked out by him in each section of the Schedule of
Quantities and in the Grand Total of all the sections of Schedule of Quantities, the same shall be
adjusted in accordance with the following rules:
a)
In the event of a discrepancy between description in words and figures in respect of item
rates quoted by a Bidder, the description in words shall prevail.
(b)
In the event of an error occurring in the amount column of Schedule of Quantities as a
result of wrong extension of the quantity and the unit rate, the units shall be regarded as
firm and extension shall be amended on the basis of the unit rate.
(c)
All errors in totalling in the amount column and in carrying forward totals shall be corrected.
(d)
The totals of various sections of Schedule of Quantities amended shall be carried over to
the General Summary and the bid sum amended accordingly. The bid sum so altered
shall, for the purpose of bid, be substituted for the sum originally bid and considered for
evaluation and comparison of the bids and also for acceptance of the bid, instead of the
original sum quoted by the Bidder.
23.3
The evaluation shall be based on the evaluated cost of fulfilling the contract in compliance with
all commercial, contractual and technical obligations under this Bidding Document. The
Employer's evaluation of a bid will also take into account the GST specified by the Bidder in its
Bid (applicable on the items of Works described in Schedule of Quantity), which will be added to
each Bidder's bid price to arrive at an "Evaluated Bid Price”.
23.4
ABNORMALLY HIGH OR LOW RATED ITEMS
If the rates/prices quoted by the successful bidder for certain items of the Bill of Quantities
(wherever such rates/prices have been called for in the bids,) are found to be having a
variation of +/-25% or above in relation to Employer’s estimate of the cost of work to be
performed under the contract, then such items of works shall be identified as abnormally high
rate (AHR) or abnormally low rate (ALR).
After evaluation of the rates/prices analysis which includes early cash flow analysis,
Employer/NTPC may require that amount of Performance Security be increased at the
Page 25 of 31
expense of the recommended bidder by 25% of the value of variation in respect of ALR item,
to protect Employer against financial loss in the event of default by the contractor under the
contract, to carry out such low rated items of works if award is placed on recommended
bidder. Further, the Employer/NTPC may require the contractor to provide a suitable
undertaking to execute the items of works to complete the entire work under the contract.
The items for which performance security is enhanced shall be identified separately in the
contract. Upon execution of such identified items, the enhanced value of Performance
security will be reduced every three months on a pro –rata basis.
PART F - AWARD OF CONTRACT
24.0 AWARD CRITERIA
Subject to ITB Clause 25.0, the Employer will award the Contract to the Bidder whose bid has
been determined to be substantially responsive to the Bidding Documents and whose bid has
been adjudged as the lowest evaluated bid, provided that such Bidder has been determined to be
qualified to perform the contract satisfactorily.
25.0 EMPLOYER’S RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDS
Notwithstanding ITB Clause 24.0, the Employer reserves the right to accept, (whole or in part)
and the Bidder shall be bound to perform the same at his quoted rate, or reject any bid for any
reasons including national defence 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 of the
grounds for the Employer’s action. Decision of Employer shall be final and binding in this regard.
26.0
LETTER OF AWARD
26.1
Prior to the expiration of the bid validity prescribed by the Employer, the Employer will issue a
Letter of Award(LOA)/ Service Purchase order to the successful Bidder containing reference of
the documents which form the Contract, Scope of Work, Contract Price, period of completion of
the Works, terms of payment, price adjustment, and other important aspects in consideration of
the execution and completion of the Works and the remedying of any defects therein by the
Contractor as prescribed by the Contract.
26.2
This Letter of Award/ Purchase Order will constitute the formation of the Contract.
27.0 CONTRACT PERFORMANCE SECURITY / INITIAL CONTRACT PERFORMANCE SECURITY
27.1.1
Within twenty-one (21) days from the date of Letter of Award, the successful Bidder shall furnish
to the Employer a Contract Performance Guarantee (CPG) towards faithful performance of the
Contract for an amount equivalent to 10% of the Contract Price. Alternatively, the successful
Bidder may furnish the Contract Performance Guarantee in two Stages viz. A Contract
Performance Guarantee for an amount equivalent to 5% of the Contract Price within twenty-one
(21) days from the date of Letter of Award to be followed up with another Contract Performance
Guarantee for an amount equivalent to 5% of the Contract Price prior to the scheduled completion
of 50% of total scope of work.
27.1.2
The successful Bidder also has the option to furnish an Initial Contract Performance Guarantee
(ICPG) equivalent to a minimum of 2% of the Contract Price. In case of the successful Bidder
Page 26 of 31
who furnishes Initial Contract Performance Guarantee, the Employer shall at the time of making
any payment to him for the work done under the Contract, deduct towards the Contract
Performance Security an amount equivalent to 10% of the gross bill amount accepted for
payment until the total amount of Contract Performance Security so deducted including the
amount of Initial Contract Performance Guarantee becomes equal to 10% of the Contract
Price.
27.2
The CPG/ICPG shall be in the form of a Bank Guarantee issued by a Bank as per the list enclosed
in the Bidding Documents. The format of the said bank guarantee shall be in accordance with the
format included in the Bidding Documents.
27.3
While issuing the physical BG(s), the Bidder’s Bank shall also send electronic message to
Employer’s Beneficiary Bank, pursuant to ITB sub-clause titled ‘Confirmation of BG through
Structured Financial Messaging System (SFMS)/SWIFT’
28.0
SIGNING OF CONTRACT AGREEMENT
28.1
The Successful Bidder/ Contractor shall enter into a Contract Agreement with the Employer within
forty-five (45) days from the date of Letter of Award or within such other time, as may be desired
by the Employer.
28.2
Manner of Execution of Contract Agreement
i)
Unless and until a formal contract is prepared and executed, the Letter of Award/
Purchase Order read in conjunction with the Bidding Documents will constitute a binding
contract.
ii)
The Contract Agreement shall be prepared by the Employer and signed at the office of
the Employer. The Contract Agreement will be signed in three originals and the Contractor
shall be provided with one signed original and the other two originals will be retained by
the Employer.
iii)
The Contract Agreement shall comprise of the following:
(a)
The Contract agreement alongwith its appendices, namely,
1.
Invitation for Bids (IFB),
2.
General Conditions of Contract, including any amendment/ errata thereto,
3.
Special Conditions of Contract, including any amendment/ errata thereto,
4.
The bid submitted by the Bidder i.e. Bid Form alongwith its Attachments
and Schedule of Quantities
5.
Technical Specifications and Bid Drawings, including any amendment/
errata thereto.
(b)
Agreed Quality Assurance Plan
(c)
Letter of Award alongwith its appendices.
Page 27 of 31
iv)
The Contractor shall provide free of cost to the Employer all the engineering data,
drawings and descriptive materials submitted as a part of his bid, in at least three (3)
copies to form an integral part of the Contract Agreement within twenty-eight (28) days
after issuing of Letter of Award/ Purchase Order. The Contractor shall further provide for
signing of the Contract Agreement as per prescribed proforma enclosed in the Bidding
Documents, appropriate Power of Attorney and the requisite stamp papers. All the other
documents required for the preparation of the Contract Agreement shall be provided by
the Employer.
v)
Unless and until the Contract Agreement is signed as above, no payments under the
Contract as per GCC Clauses entitled ‘Payment On Account/Progressive Interim
Payments’ and ‘Time Limit for Payment of Final Bill’ shall be released to the Contractor
by the Employer nor any materials shall be issued to the Contractor as stipulated in the
Special Conditions of Contract or otherwise agreed to be issued by the Employer.
vi)
Subsequent to signing of the Contract Agreement, the Contractor at his own cost shall
provide the Employer with thirty (30) copies of electronic version of the signed Contract
Agreement on CD-ROM within twenty (20) days of its signing.
29.0
INELIGIBILITY FOR FUTURE TENDERS
Notwithstanding the provisions regarding forfeiture of Bid Security specified in ITB Sub-Clause
14.7 and BDS Item no. 9.4, if a Bidder after having been issued the Letter of Award, either does
not sign the Contract Agreement, or does not submit an acceptable Initial Security Deposit/Entire
Security Deposit in line with the provisions of the Contract and which results in tender being
annulled then such bidder shall be treated ineligible for participation in re- tendering of this
particular package.
Contractor Performance Feedback and Evaluation System:
The Owner has in place an established “Contractor Performance and Feedback System” against
which the Contractor’s performance during the execution of the Contract shall be evaluated on a
continuous basis at regular intervals. In case the performance of the Contractor is found
unsatisfactory on any of the following four parameters, the Contractor shall be considered
ineligible for participation in future tenders for two years:
*
Financial Status
*
Project Execution and Project Management Capability
*
Engineering and QA Capability
*
Claims and Disputes
On completion of the above ineligibility period, the contractor would be required to submit a
request to NTPC for participating in future tenders specifying the measures taken to improve their
performance. On receipt of such request, the performance of the Contractor shall be assessed/re-
evaluated by NTPC and if the performance is found to be satisfactory, the Contractor shall be
considered eligible for participation in future tenders.
Page 28 of 31
30.0 ADHERENCE TO NTPC SAFETY RULES
The Bidder/Contractor along with its associate / collaborator / sub-contractors / sub-vendors /
consultants / service providers shall follow NTPC Safety Rules as issued from time to time with
respect to safety in construction & erection, which is displayed on its website
http://www.ntpctender.com. It is also envisaged that the Contractor will have a documented Safety
Policy of his own in line with the NTPC Safety Rules, which shall be reviewed and incorporated
in the Contract.
31.0 ADHERENCE TO FRAUD PREVENTION POLICY
The Bidder alongwith its associate / collaborator / subcontractors / sub-vendors / consultants /
service providers shall strictly adhere to the Fraud prevention policy of NTPC displayed on its
tender website http://www.ntpctender.com and shall immediately apprise the Employer/NTPC
about any fraud or suspected fraud as soon as it comes to their notice. A certificate to this effect
shall be furnished by the bidder along with his bid. If in terms of above Policy, it is established that
the Bidder/His representatives have committed any fraud while competing for this Contract then
the Bid Security of the Bidder shall be forfeited.
32.0 Policy for withholding and Banning of Business Dealing
The Employer has in place a Policy for withholding and Banning of Business Dealings as enclosed
at Special Conditions of Contract (SCC) of the Bidding Documents. 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 said banning policy for withholding and Banning of Business
Dealings.
33.0 The Owner shall issue Essentiality Certificate, as per relevant policies of the Govt. of India, to
facilitate the bidders to avail any such benefits on import of goods under Chapter 98.01 of the
Customs Tariff Act, which are required for incorporation in the Works under the contract. For the
issue of such Essentiality Certificate by the Owner, the bidders shall be required to indicate the
import content included in their bid price, in the Attachment-1 (P). 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 bidders to receive the benefits partly or fully from the Govt. of India
and / or in case of any delay in receipt of such benefits and/or withdrawal of such benefits by the
Govt. of India, the Owner shall neither be liable nor responsible in any manner whatsoever
34.0 Bidders may like to ascertain availability of Customs Duty benefits available for import of
Construction Equipment, if any, as per the extant Customs Acts & Notification of Govt. of India.
The bidders shall be solely responsible for obtaining such benefits which they have considered in
their bid and in case of failure to receive such benefits, the Employers will not compensate the
Bidders. The Bidder shall furnish along with their bid, declarations to this effect in Attachment-
2P.
Where the Bidder has quoted taking into account the Customs Duty benefits available for import
of Construction Equipment, he must give all information required for issue of relevant Certificate
by Owner alongwith his bid in Attachment-2P. The relevant Certificate will be issued on this
basis only. Further, if such Certificate is required to be issued by any department/Ministry of Govt.
of India or State Govt. where the Project is located other than the Employer, the bidder shall itself
be responsible for obtaining such certificates from the
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concerned departments/Ministries. In such a case, the Employer may issue recommendatory
letter to the Bidder. The bidders shall be solely responsible for obtaining the Customs Duty
benefits available for import of Construction Equipment from the Govt. of India. In case of failure
of the bidders to receive the benefits partly or fully from Govt. of India or in case of any delay in
receipt of such benefits, the Owner shall neither be responsible nor liable in this regard in any
manner whatsoever.
35.
INTEGRITY PACT
Bidders are required to unconditionally accept the "Integrity Pact(IP)" (executed on plain paper)
as per Attachment-12 to the Bidding Documents which has been pre-signed by the Employer,
and submit the same duly signed on all pages by the bidders Authorized signatory along with the
bid. Where the joint ventures(s)/Consortium are permitted to participate in the bid as per the
qualifying requirements, the signing of Integrity Pact(IP) by all Joint Venture(s) Partner(s) /
Consortium members is mandatory. The Integrity Pact(IP) is to be submitted in a separate sealed
envelope as per provision of ITB 17.1. Bidder’s failure to comply with the aforesaid requirement
regarding submission of "Integrity Pact(IP)" shall lead to outright rejection of bid and in such case
the bids shall be returned unopened to the bidder. If the owner has terminated the contract
pursuant to Section-3 of the Integrity Pact (IP), the owner shall encash the Performance Bank
Guarantee/Security Deposit, in accordance with Section-4 of "Integrity Pact".
35.1
Independent External Monitors (IEMs):
In respect of this package, the Independent External Monitors (IEMs) would be monitoring the
bidding process and execution of contract to oversee implementation and effectiveness of the
Integrity Pact Program.
The Independent External Monitor(s) (IEMs) have been appointed by NTPC, in terms of Integrity
Pact (IP) which forms part of the NTPC Tenders/Contracts and details of the IEMs are available
on NTPC tender website: www.ntpctender.com (under the tab “Integrity Pact”).
This panel is authorized to examine/consider all references made to it under this tender. The
bidder(s), in case of any dispute(s)/complaint(s) pertaining to this package may raise the issue
either with the designed 'Nodal Officer' in NTPC or directly with the IEMs.
The Independent External Monitors (IEMs) has the right to access without restriction to all Project
documentations 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 Documentations. The same is applicable to Subcontractors.
The Monitor is under contractual obligation to treat the information and documents of the
Bidder/Contractor/Sub-Contractors/JV Partners/Consortium member with confidentiality.
The Nodal officer for necessary coordination in this regard shall be as under:
(i)
GM(CS)/AGM(CS) heading : if the issue pertains
the concerned group to Contract Services
(ii)
Head of Contracts & : if the issue pertains
Materials Department to regional office
(iii)
Head of concerned : if the issue pertains
department to other departments
Page 31 of 31
(iv)
Head of Project : if the issue pertains
to Project/Station
Package:
Project:
Bidding Doc. No.:
Bid Data Sheets (BDS)
Sec-III
Page 1 of 10
SECTION III
Bid Data Sheet (BDS)
Package:
Project:
Bidding Doc. No.:
Bid Data Sheets (BDS)
Sec-III
Page 2 of 10
BID DATA SHEET (BDS)
The following bid specific data for the above mentioned package shall amend and/or supplement
the provisions in the Instructions to Bidders (ITB). Wherever there is a conflict, the provisions herein
shall prevail over those in the ITB.
Before creating / submitting the bids, Bidders are required to go through the “Bidders
Manual”, “Guidelines to bidder” and other links provided at following NTPC e-tendering
website:
S.
No.
ITB
Clause
Ref., if
any.
Data
1.0
Type of Bidding: Single Stage Two envelope (
Open
Tender
)
through
Domestic Competitive Bidding
2.0 ITB 1.1 Name and Address of Employer:
Shared Services Centre – Coal Mining HQ
NTPC Ltd.,
Coal Mining HQ, Ranchi,
Opposite Chutia Police Station,
Distt : Ranchi
834001
E-mail: ksudhakar@ntpc.co.in / hschouhan01@ntpc.co.in
NTPC Websites for reference: https://eprocurentpc.nic.in or
www.ntpctender.com
Registered Office Address:
“NTPC Bhawan” Core No. 7,
Scope Complex, Institutional Area, Lodhi Road,
New Delhi – 110003, India.
Name of the Project (where works to be executed):
Talaipalli Coal Minign Projects, Lailunga Road, Gharghoda, Raigarh
Chhattisgarh- 496111.
NTPC Talaipalli coal mining Block is located in Gharghoda Tehsil of Raigarh
district of Chhattisgarh.
Nearest Town: Raigarh 55 KMs (appx.)
Nearest Railway Station: Raigarh 55 KMs (appx.) -
(On Mumbai Howrah
Route )
Nearest Airport: Raipur 300 KMs (appx.)
PROJECTED CAPACITY: 18 Million Ton per year.
The coal mining project will produce 18 Million Ton of coal annually through
opencast mining method.
Package:
Project:
Bidding Doc. No.:
Bid Data Sheets (BDS)
Sec-III
Page 3 of 10
The area of Talaipalli coal block is 211
3 Hectre,(5174 Acre Appx) wherein
boundary pillars have been erected along the block boundary to clearly
demarcate the limits of the block. Talaipalli block is about 55 km away from
Raigarh city and is close to Tehsil Headquarters at Gharghoda situated on
Raigarh-
Ambikapur State Highway. The nearest railway station is Raigarh
which is 55 km away from Talaipalli block lying on the Mumbai-
Howrah main
line of SE railways. Kelo River is flowing through the south-
eastern part of the
present area. Coal produced
will cater the fossil fuel requirement of 4000 MW
NTPC Lara Thermal power project at Raigarh.
NTPC is constructing a Township at Village Kanchanpur , Tahsil Gharghoda ,
Distt Raigarh. Village Kanchanpur is approx. 05 Kms from Gharghoda Town
and Gharghoda Town is approx. 40 KMs from Raigarh District Headquarters.
NTPC envisages to construct boundary wall for its under construction
Township. The approximate length of boundary wall is 6000m (6KMs)
3.0 ITB 6.1
Address for Correspondence:
AGM (C&M)/ Sr. Manager (C&M), Shared
Services Centre – Coal Mining HQ
NTPC Ltd.,
Coal Mining HQ, Ranchi,
Opposite Chutia Police Station,
Distt : Ranchi
834001
Mob.: 9650992016/ 9650992373
Package:
Project:
Bidding Doc. No.:
Bid Data Sheets (BDS)
Sec-III
Page 4 of 10
S.
No.
ITB
Clause
Ref., if
any.
Data
NTPC Websites for reference: https://eprocurentpc.nic.in or
www.ntpctender.com
4.0 ITB 7.0
Whether Pre
-
Bid Conference will be held
–
No
5.0
ITB
11.1.1(A)(b)
Whether
Consortium / Joint Venture Bids
are
Permitted
:
No
Whether Associate/ Collaborator is permitted : No
6.0
ITB
11.1.1(B)(c)
Qualifying Requirements for the Bidders:
Refer IFB/ NIT
Add following provisions:
Bidders are required to furnish the details of past experience based on
which selection is to be made as per format enclosed in the bidding
documents 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 NTPC in the past then in
respect of such Contract(s)/Works Bidder shall not be required to enclose
Client Certificate(s) alongwith its bid.
The reference works whose details have been declared as per the specified
format in the relevant attachment (i.e. Attachment No. 3) shall only be
considered to ascertain the bidder's compliance to the specified qualifying
Requirement (QR). Bidders wishing to provide additional reference works
are required to declare the same in similar format which shall be additionally
attached. However, bidders are not permitted to quote more than 3 times
of works specified in QR for this purpose.
The Employer at its discretion may seek any clarification and/or
documentary evidence only for the reference works as mentioned above.
However, no change or substitution of the reference works by
new/additional plant for conforming to the specified qualifying
Requirement shall be sought, offered or permitted.
7.0
ITB 11.3.2
Deleted
Package:
Project:
Bidding Doc. No.:
Bid Data Sheets (BDS)
Sec-III
Page 5 of 10
S.
No.
ITB
Clause
Ref., if
any.
Data
8.0
DELETED
Package:
Project:
Bidding Doc. No.:
Bid Data Sheets (BDS)
Sec-III
Page 6 of 10
S.
No.
ITB
Clause
Ref., if
any.
Data
9.0
ITB 12.11
ITB Clause 12.11 shall be read as under:
“The Contract shall be subject to adjustment for price escalation as
specified in SCC, during the currency of contract.”
10.0
ITB 14.1 &
14.2
Amount of Bid Security/ EMD: INR 20,00,000/- (India Rupees Twenty
Lakh Only)
The Bid Security shall, at the Bidder’s option, be in the form of a Banker's
Cheque/Demand Draft, Irrevocable Letter of Credit or a Bank Guarantee
from any of the banks specified in Bid Data Sheet. The Demand Draft or
Banker’s Cheque in Indian Currency shall be in favour of “NTPC Limited”
payable at “Hazaribag”. The format of the Bank Guarantee or Letter of
Credit 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/ITC Sub-
clause 12.2.
In case, bid security is in the form of Bank Guarantee (BG), the Bank
Guarantee shall be from a Bank as listed in Annexure-I to Bid Data Sheet
of bidding documents.
Package:
Project:
Bidding Doc. No.:
Bid Data Sheets (BDS)
Sec-III
Page 7 of 10
11.0
Confirmati
on of BGs
(including
Bid
Security)
through
While issuing the physical BG, the Bidder’s Bank shall also send electronic
message to Employer’s Beneficiary Bank whose details are provided in
BDS through secure SFMS (in case of BGs issued from within India).
While issuing the physical BGs, the Bidder’s Bank shall also send electronic
message through secure SFMS (in case of BGs issued from
within India) or SWIFT (in case of BGs issued from outside India) to
Package:
Project:
Bidding Doc. No.:
Bid Data Sheets (BDS)
Sec-III
Page 8 of 10
S.
No.
ITB
Clause
Ref., if
any.
Data
Structured
Financial
Messagin
g System
(SFMS)/S
WIFT
{ITB
Clause
14.9}
Employer’s Beneficiary Bank whose details are provided herein below:
Bidders are advised to ensure that the message is sent by their
Bankers and the Bidders must submit the reference details as part
of the bid with the EMD.
12.0
ITB
14.10.1 &
14.10.2
Amount of Tender Fee:
INR
4500
/
-
The Tender Fee shall be in the form of a crossed Demand Draft or Pay
order or Banker’s Cheque in favour of NTPC Ltd. payable at Hazaribagh).
Bids submitted with inadequate Tender Fee are liable to be rejected.
13.0 ITB 15.0 The Period of Contract is 18 Months from the date of Letter of award.
14.0
ITB 21.0
Bids are to be submitted online. Only
Bid Security, Tender Fee, Integrity
Pact, Power of Attorney and other Legal Document (As Applicable) are to
be submitted in physical form in original in a separate sealed envelope at
the following address:
AGM (C&M)/ Sr. Manager (C&M), Shared
Services Centre – Coal Mining HQ
NTPC Ltd.,
Coal Mining HQ, Ranchi,
Opposite Chutia Police Station,
Distt : Ranchi
834001
Last Date & Time for Bid Submission : Please refer Section-I (IFB)
(Both Techno-Commercial & Price)
Date & Time for Bid Opening : Please refer Section-I
(Techno-Commercial Bid) (IFB/ NIT)
Date & Time for Bid Opening : Shall be intimated
(Price Bid) separately
15.0
ITB Clause
35.
Integrity Pact : Applicable
i
Bank Name
State bank of India
ii
Branch
Ravindra Path, Hazaribag-
825301
iii Account No. 11071860698
iv IFSC Code
SBIN0000090
Package:
Project:
Bidding Doc. No.:
Bid Data Sheets (BDS)
Sec-III
Page 8 of 10
16.0
17.0
New
Clause
ITB Clause
No.29.0
Replace
the Clause
6.
1
of
Section
-
II: Instruction to Bidders (ITB) with the
following:
6.1 A prospective Bidder requiring any clarification to the bidding documents may notify
under Clarification tab of the on-line bid at least three days prior to the clarification
end date. EMPLOYER will respond to any request for clarification or modification
of the bidding documents that it receives no later than the last date of receipt of
queries as specified in Invitation for Bids (IFB). EMPLOYER will post the
Clarifications at e-tender portal under Corrigendum/Clarification tab and Bidders
can view these clarifications once they are posted at the portal. Bidders are also
advised to regularly check e-tender portal regarding posting of clarification, if any.
“Further, no queries from Bidders shall be entertained after last date of
receipt of Queries/ Pre-Bid Conference as specified in IFB. Accordingly, any
query(ies) received from Bidders after the cut-off date shall be returned.”
Replace existing
ITB Clause No.29(Ineligibility for future Tenders)
with the
following:
29.0
INELIGIBILITY FOR FUTURE TENDERS
Notwithstanding the provisions regarding forfeiture of Bid Security
specified in ITB Sub-Clause
14.7 and BDS Item no. 9.4, if a Bidder after having been issued the
Letter of Award, either does not sign the Contract Agreement, or
does not submit an acceptable Initial Security Deposit/Entire
Security Deposit in line with the provisions of the Contract and which
results in tender being annulled then such bidder shall be treated
ineligible for participation in re- tendering of this particular package.
Contractor Performance Feedback and Evaluation System:
The Owner has in place an established “Contractor Performance
and Feedback System” against which the Contractor’s performance
during the execution of the Contract shall be evaluated on a
continuous basis at regular intervals. In case the performance of
the Contractor is found unsatisfactory on any of the following four
parameters, the Contractor shall be considered ineligible for
participation in future tenders for two years:
*
Financial Status
*
Project Execution and Project Management Capability
*
Engineering and QA Capability
*
Claims and Disputes
On completion of the above ineligibility period, the contractor would
be required to submit a request to NTPC for participating in future
Package:
Project:
Bidding Doc. No.:
Bid Data Sheets (BDS)
Sec-III
Page 9 of 10
tenders specifying the measures taken to improve their
performance. On receipt of such request, the performance of the
Contractor shall be assessed/re-evaluated by NTPC and if the
performance is found to be satisfactory, the Contractor shall be
considered eligible for participation in future tenders.
29.1.1
If a bidder after opening of tenders where EMD is
'NIL/Not applicable' or exempted for bidders as per
policy guidelines, withdraws its offer within the
validity period of the offer, then such bidder shall be
treated as ineligible for participation in the future
tenders issued from Corporate Contracts for a
period of 6 months from the date of withdrawal of the
bid.
29.1.2
If a bidder after having been issued the Notification
of Award/Purchase Order of a package where EMD
is 'NIL/Not applicable' or exempted for bidder as per
policy guidelines, either does not accept the
Notification of Award/Purchase Order or does not
sign the Contract Agreement pursuant to ITB
Clause titled 'Signing the Contract Agreement' or
does not submit an acceptable Performance
Security pursuant to ITB Clause titled 'Performance
Security', and which result in tender being annulled
then such bidder shall be treated ineligible for
participation in re-tendering of this particular
package. Further, such vendor shall also be dealt as
per the provisions of the policy for Withholding and
Banning of Business Dealings.
Package:
Project:
Bidding Doc. No.:
Bid Data Sheets (BDS)
Sec-III
Page 10 of 10
ANNEXURE-I TO BID DATA SHEETS
PAGE 1 OF 3
LIST OF BANKS FROM WHICH BANK GUARANTEES
FOR BID SECURITY CAN BE ACCEPTED
A STATE BANK OF INDIA
B NATIONALISED 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 Limited
12. South Indian Bank Ltd
13. Tamilnad Mercantile Bank Ltd
14. ING Vysya Bank Ltd
15. Axis Bank Ltd.
16. IndusInd Bank Ltd
17. ICICI Bank
18. HDFC Bank Ltd.
Package:
Project:
Bidding Doc. No.:
Bid Data Sheets (BDS)
Sec-III
Page 11 of 10
19. DCB Bank Ltd
20. Yes Bank Ltd
21. IDFC Bank Limited
Package:
Project:
Bidding Doc. No.:
Bid Data Sheets (BDS)
Sec-III
Page 12 of 10
22. Bandhan Bank Limited
D SCHEDULED PRIVATE BANKS (FOREIGN BANKS)
1. Abu Dhabi Commercial Bank PJSC
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 & Newzealand Banking Group Limited
27. Sumitomo Mitsui Banking Corporation
28. American Express Banking Corporation
29. Credit Suisse A.G.
30. FirstRand Bank Ltd.
31. Industrial & Commercial Bank of China Ltd.
32. JSC VTB Bank
33. National Australia Bank
34. Cooperatieve Rabobank U.A.
35. Sberbank
36. United Overseas Bank Ltd.
37. Westpac Banking Corporation
38. Woori Bank
39. The Royal Bank of Scotland plc
40. Doha Bank Qsc
41. Industrial Bank of Korea
42. KEB Hana Bank
43. First Abu Dhabi Bank PJSC
44. Emirates NBD Bank (P.J.S.C)
45. Qatar National Bank SAQ
E OTHER PUBLIC SECTOR BANKS
1. IDBI Bank Ltd
*Note - Any Addition/ Deletion/ Modification in Bank list shall be as per changes in
Second Schedule List by RBI from time to time.
Package:
Project:
Bidding Doc. No.:
Bid Data Sheets (BDS)
Sec-III
Page 10 of 10
*In case, Bank Guarantee is getting issued from State Bank of India, Bidder to take note of NTPC
letter ref. NTPC/FC/CS/BG/01 dated 03.09.2014 and SBI letter ref. CAG-I/AMT-1/2014- 15/370
dated 04.09.2014 attached herewith.
SECTION – IV
GENERAL CONDITIONS OF CONTRACT (GCC)
OF CIVIL WOKS
APPLICABLE FOR E-TENDERS INVITED FOR CIVIL PACKAGES TENDERED ON DCB
BASIS FOLLOWING SINGLE STAGE TWO ENVELOPE BIDDING
GENERAL CONDITIONS OF CONTRACT (GCC)
TABLE OF CLAUSES (GCC)
SL. DESCRIPTION
A. CONTRACT AND INTERPRETATION ............................................................................
1. DEFINITIONS .....................................................................................................
2. HEADING AND MARGINAL NOTES TO CONDITIONS...........................................
3. SINGULAR & PLURAL .........................................................................................
4. ORDER OF THE PRECEDENCE OF THE DOCUMENTS .........................................
5. INSTRUCTIONS AND NOTICES UNDER THE CONTRACT: ....................................
6. LAW S GOVERNING THE CONTRACT ..................................................................
7. SETTLEMENT OF DISPUTES ..............................................................................
B. SUBJECT MATTER OF CONTRACT .............................................................................
8. SCOPE OF CONTRACT.......................................................................................
9. NOTICES TO LOCAL BODIES..............................................................................
10. HUMAN RESOURCES .........................................................................................
11. SHIFT W ORK .....................................................................................................
12. COOPERATION WITH OTHER CONTRACTORS/ AGENCIES .................................
13. MATERIALS OBTAINED FROM EXCAVATION.......................................................
14. TREASURE, TROVE, FOSSILS, ETC ....................................................................
15. PROTECTION OF TREES ....................................................................................
16. SECURITY WATCH AND LIGHTING .....................................................................
17. PREVENTION OF POLLUTION ............................................................................
18. EXPLOSIVES ....................................................................................................
19. TRAINING OF APPRENTICES
.............................................................................
20. HANDING OVER OF SITE ...................................................................................
21. DUTIES AND POW ERS OF ENGINEER-IN-CHARGE AND HIS REPRESENTATIVES
C. PAYMENT ..................................................................................................................
22. CONTRACT PERFORMANCE SECURITY .............................................................
23. ADVANCE ..........................................................................................................
24. PAYMENT ON ACCOUNT/PROGRESSIVE INTERIM PAYMENTS............................
25. CONTRACT PRICE ADJUSTMENT .......................................................................
26. TAXES, DUTIES, LEVIES ETC. ............................................................................
27. OVERPAYMENTS AND UNDERPAYMENTS ..........................................................
28. TIME LIMIT FOR SUBMISSION & PAYMENT OF FINAL BILL AND W AIVER OF
RIGHTS OF ALL CLAIMS.....................................................................................
D. EXECUTION OF FACILITIES .......................................................................................
29. WORK COMMENCEMENT, EXECUTION & DELAYS ..............................................
30. SUB CONTRACTS ..............................................................................................
31. SETTING OUT THE WORKS ................................................................................
32. METHODOLOGY OF CONSTRUCTION & EQUIPMENT MOBILISATION ..................
33. PATENT INDEMNITY ..........................................................................................
34. MATERIALS FOR THE PERFORMANCE OF THE CONTRACT ................................
35. QUALITY ASSURANCE PROGRAMME .................................................................
36. INSPECTION AND APPROVAL ............................................................................
37. RECORDS AND MEASUREMENT .........................................................................
38. METHODS OF MEASUREMENT ...........................................................................
39. TEMPORARY / ENABLING WORKS ......................................................................
40. URGENT WORKS ...............................................................................................
41. CONSTRUCTION POWER AND CONSTRUCTION WATER SUPPLY AND STAFF /
LABOUR COLONY ..............................................................................................
42. SITE LABORATORY ............................................................................................
43. COMPLETION CERTIFICATE...............................................................................
E. DEFECTS LIABILITY...................................................................................................
44. LIABILITY FOR DAMAGE, DEFECTS OR IMPERFECTIONS AND RECTIFICATION
THEREOF ..........................................................................................................
45. DEFECTS LIABILITY PERIOD ..............................................................................
F. RISK DISTRIBUTION ..................................................................................................
46. EMPLOYER’S AND CONTRACTOR’S RISKS AND INSURANCE ................................
47. FORCE MAJEURE ..............................................................................................
G. CHANGES IN CONTRACT ELEMENT ...........................................................................
48. CHANGES IN CONSTITUTION: ............................................................................
49. POWERS OF ENGINEER-IN-CHARGE FOR ALTERATIONS/ OMISSIONS/
ADDITIONS /SUBSTITUTIONS.............................................................................
50. SUSPENSION OF WORKS ..................................................................................
51. TERMINATION....................................................................................................
52. ADHERENCE TO FRAUD PREVENTION POLICY ..................................................
53. WITHHOLDING/BANNING ...................................................................................
Standard Bidding Document No: CS-SBD-
CIVIL-DCB-999
SECTION
-
IV
(
GCC
)
PAGE
GENERAL CONDITIONS OF CONTRACT
A. CONTRACT AND INTERPRETATION
1. Definitions
(a) “Employer” / “Owner” as specified in BDS and shall include their legal
representatives, successors and permitted assigns.
(b) “Contract” means the Contract Agreement entered into between the
Employer and Contractor, together with contract documents referred
therein. The term “Contract” shall in all such documents be construed
accordingly and includes special conditions, specifications, designs,
drawings, “Schedule of Quantities” with rates and amount. These
documents taken together shall be deemed to form the Contract and
shall be complimentary to one another.
(c) “Contract Documents” mean the following documents that constitute the
Contract between the Employer and the Contractor:
(i) The Contract Agreement alongwith its appendices
(ii) Letter of Award alongwith its appendices,
(iii) Special Conditions of Contract
(iv) Technical Specifications and Bid Drawings
(v) General Conditions of Contract
(vi) The Bid and Schedule of Quantities submitted by the
Contractor.
(d) “GCC” means the General Conditions of Contract
(e) “SCC” means the Special Conditions of Contract.
(f) “Day” means calendar day of the Gregorian Calendar.
(g) “Week” means a continuous period of seven (7) calendar days.
(h) “Month” means calendar month of the Gregorian Calendar.
(i) The “Contractor” means the individual or firm or company whether
incorporated or not, undertaking the Works and shall include its legal
representatives, or successors, or permitted assigns.
Standard Bidding Document No: CS-SBD-
CIVIL-DCB-999
SECTION
-
IV
(
GCC
)
PAGE
(j) “Sub-Contractor” shall mean a person or a Corporate body approved by
Engineer-in-Charge who has entered into a contract with the Contractor
to complete a part of the Works.
(k) The “Contract Sum” / “Contract Price” means:
(i) in the case of Lump Sum Contracts the sum for which the bid is
accepted.
(ii) In the case of item Rate Contracts the cost of the Works arrived
at after extension of the quantities shown in Schedule of
Quantities by the item rates for the various items and summating
them to arrive at the total price.
(l) “Engineer-in-Charge” shall mean the person appointed by the Employer
or his duly authorized representative who shall direct, supervise and be
in charge of the W orks for purposes of the Contract.
(m) “Market rate” means the rate for an item of Work, determined on the
basis of the cost of labour, and material brought to Site and
incorporated in the Works and for use of plant and equipment for the
Work executed plus 10% (ten percent) of the rate to cover all overheads
and profits of the Contractor.
(n) “Schedule(s) of Quantities” shall mean the priced and completed
Schedule of Quantities forming the part of the bid or such Schedule of
Quantities forming the part of the Contract, as the case may be, with
amendments, if any, thereto.
(o) The “Site” means the land and / or other places on, under, in or through
which the Works is to be executed under the Contract including any
other land or places which may be allotted by the Employer or used for
the purposes of the Contract.
(p) “Temporary/ Enabling Works” means all temporary works of every kind
required in or about the execution, completion or maintenance of the
Works.
(q) “Urgent Works” shall mean any urgent measures which, in the opinion of
the Engineer-in-Charge, become necessary during the progress of the
Works to obviate any risk of accident or failure or which become
necessary for reasons of security and safety.
(r) “The Works” shall mean the W orks to be executed in accordance with
the Contract or part(s) thereof as the case may be and shall include all
extra or additional, altered or substituted works or temporary/ enabling
Works and urgent works as required for performance of the Contract.
Standard Bidding Document No: CS-SBD-
CIVIL-DCB-999
SECTION
-
IV
(
GCC
)
PAGE
(s) “Cost” shall mean all expenditure reasonably incurred or to be incurred
by the Contractor or Employer, as the case may be, whether on or off
the Site, including overhead and other charges, but excluding profit.
(t) Throughout these Bidding Documents, the term “Bid” and “Tender” and
their derivatives (Bidder/Tenderer, Bidding/Tendering, Bidding
Document/Tender Document, etc.); Bill of Quantity / Schedule of
Quantity / Schedule of Items/Schedule of Quantities/ Bill of Quantities;
Employer / NTPC; Bid Security / Earnest Money Deposit; Security
Deposit / Performance Security/ Performance Guarantee; Engineer-in-
Charge / Engineer, appearing any where in the Bidding Documents shall
have the same meaning and are synonymous to each other.
(u) Goods and Services Tax” or “GST” means taxes levied under the
Central Goods and Services Tax Act, Integrated Goods and Services
Tax 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).
2. Heading and Marginal Notes to Conditions
Heading 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.
3. Singular & Plural
Where the context so requires, words importing the singular only will also
include the plural and vice versa.
4. Order of the precedence of the Documents
4.1 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, figured dimensions in preference to scale and Special
Conditions in preference to General Conditions.
4.2 In the case of discrepancy between Schedule of Quantities, the Specifications
and/or the Drawings, the following order of precedence shall govern:
(a) Description in Schedule of Quantities
(b) SCC
(c) Technical Specifications
Standard Bidding Document No: CS-SBD-
CIVIL-DCB-999
SECTION
-
IV
(
GCC
)
PAGE
(d) Drawings
4.3 If there are varying or conflicting provisions made with in any document
forming part of the Contract, the Engineer-in-Charge shall be the deciding
authority with regard to the intention of the document.
4.4 Any error in description, quantity or rate in Schedule of Quantities or any
omission therefrom shall not vitiate the Contract or release the Contractor
from the execution of the whole or any part of the W orks comprised therein
according to drawings and specifications or from any of his obligations under
the Contract.
5. Instructions and Notices under the Contract:
5.1 Subject as otherwise provided in the Contract, all notices to be given on
behalf of the Employer and all other actions to be taken on its behalf may be
given or taken by the Engineer-in-Charge or any officer for the time being
entrusted with the functions, duties and powers of the Engineer-in-Charge by
the Employer. All instructions, notices and communications, etc., under the
Contract shall be given in writing.
5.2 Contractor’s Representative
5.2.1 The Contractor shall appoint its Representative within fourteen (14) days of the date of
issuance of Letter of Award or before start of work whichever is earlier and shall request
the Employer in writing to approve the person so appointed.
5.2.1.1 The Contractor's representative shall be a regular Employee/ 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/Director 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 following documents:
a) Previous financial year’s Form 16 as available at TRACES site of Income tax
department, if the POA holder is an employee of contractor. In case, the Contractor
is not able to submit Form 16 (only in case of recent appointment or where Form
16 details are not uploaded at TRACES), the contractor would be required to
submit an Appointment Letter/Salary Slip/other documentary evidence of the POA
holder alongwith an affidavit stating the relationship between the POA holder and
the Contractor alongwith. Further, the Contractor shall be required to submit the
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copy of Form 16 as available through TRACES site for every subsequent year also
in respect of the POA holder till the period of authorization.
b) Articles of Association / Registered Partnership Deed if the POA holder is a partner
or stake holder in Company.
5.2.1.2 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.
5.2.1.3 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 GCC Sub-Clause 5.2.1 shall apply thereto.
5.2.2 The Contractor’s Representative shall represent and act for the Contractor at all times
during the currency of the Contract and shall communicate and provide to the Engineer-in-
charge 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 Engineer-in-charge 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 or its authorised representative shall be in attendance at the
Site(s) during all working hours and shall superintend the execution of the Works with such
additional assistance in each trade as the Engineer-in-Charge may consider necessary.
Orders given to the Contractor's representative shall be considered to have the same force
as if they had been given to the Contractor.
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 GCC Sub-Clause 5.2.1.
5.2.3 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 take effect unless and until a
copy thereof has been delivered to the Employer and the Engineer-in-charge.
Any act or exercise by any person of powers, functions and authorities so delegated to him
or her in accordance with this GCC Sub-Clause 5.2.3 shall be deemed to be an act or
exercise by the Contractor’s Representative.
5.2.4 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 incompetent or negligent, or may
commit a serious breach of the Safety regulations provided under GCC Sub-Clause 10.4.9.
The Employer shall provide evidence of the same, whereupon the Contractor shall remove
such person from the Facilities.
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5.2.5 If any representative or person employed by the Contractor is removed in accordance with
GCC Sub-Clause 5.2.4, the Contractor shall, where required, appoint a replacement as per
clause 5.2.1.
5.2.6 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.
5.3 The Engineer-in-Charge shall communicate or confirm the instructions to the
Contractor in respect of the execution of Work in a 'W orks Site Order Book’
maintained in the office of the Engineer-in-Charge and the Contractor or his
authorised representative shall confirm receipt of such instructions by signing
the relevant entries in this Book. If required by the Contractor, he shall be
furnished a certified true copy of such instruction(s).
6. Law s governing the Contract
6.1 This Contract shall be governed by the Indian laws for the time being in force.
The Courts at Delhi shall have jurisdiction, in all matters unless otherwise
stated in the SCC.
7. Settlement of Disputes
7.1 Mutual Consultation
If any dispute of any kind whatsoever shall arise between the Employer and the Contractor in
connection with or arising out of the Contract, including without prejudice to the generality of the
foregoing, any question regarding its existence, validity or termination, or the execution of the
Works, whether during the progress of the Works or after their completion and whether before
or after the termination, abandonment or breach of the Contract, the parties shall seek to resolve
any such dispute or difference by mutual consultation. If the parties fail to resolve such a
dispute or difference by mutual consultation, then the dispute may be settled through Expert
Settlement Council / Arbitration / other remedies available under the applicable laws.
7.2 Resolution of Dispute through Expert Settlement Council
If the parties fail to resolve such a dispute or difference by mutual consultation, the dispute if the
parties agree, may be referred to Conciliation in cases involving disputed amount up to Rs 250
crores, which is to be arrived at considering the claim and counter claim of the parties to the
dispute.
7.2.1 Invitation for Conciliation:
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7.2.1.1 A party shall notify the other party in writing about such a dispute it wishes to refer for
Conciliation within a period of 30 days from the date of raising of the dispute in case of failure to
resolve the same through mutual consultation. Such Invitation for Conciliation shall contain
sufficient information as to the dispute to enable the other party to be fully informed as to the
nature of the dispute, amount of the monetary claim, if any, and apparent cause of action.
7.2.1.2 Upon acceptance of the invitation to conciliate, the other party shall submit its counter claim, if
any, within a period of 30 days from the date of the invitation to conciliate. If the other party
rejects the invitation or disputed amount exceeds Rs 250 crores, there will be no Conciliation
proceedings. There shall be no Conciliation where claim amount is only up to Rs 5 lakhs.
7.2.1.3 If the party initiating Conciliation does not receive a reply within thirty days from the date
on which it sends the invitation, or within such other period of time as specified in the invitation, it
shall treat this as a rejection of the invitation to conciliate from the other party.
7.2.2 Conciliation:
7.2.2.1 Where Invitation for Conciliation has been furnished under GCC sub clause 7.2.1,the parties shall
attempt to settle such dispute through Expert Settlement Council (ESC) which shall be
constituted by CMD, NTPC.
7.2.2.2 ESC will be formed from experts comprising of three members from the panel of conciliators
maintained by NTPC. However, there will be single member ESC for disputes involving claim
and counter claim (if any) up to Rs. 1 crore. CMD will have authority to reconstitute an ESC to fill
any vacancy.
7.2.2.3 The eligible persons for consideration for empanelment in the panel of conciliators shall be
amongst Retired Civil Servants of Govt. of India not below the rank of Joint Secretary, Retired
Judges, Retired Executive directors/Directors/ Chairman of any Maharatna / Navratna company
in India other than NTPC Ltd, Retired Independent Directors who have served on the Board of
any Maharatna / Navratna company in India other than NTPC Ltd and Independent experts in
their respective fields preferably registered with the Indian Council of Arbitration or Delhi
International Arbitration Centre or Federation of Indian Chambers of Commerce and Industry or
SCOPE Arbitration Forum.
7.2.3 Proceedings before ESC:
7.2.3.1 The claimant shall submit its statement of claims along with relevant documents to ESC
members, and to the party(s) indicated in the appointment letter within 30 days of the issue of
the appointment letter. The respondent shall file its reply and counter claim (if any) within 30
days of the receipt of the statement of claims. Parties may file their rejoinder/additional
documents, if any in support of their claim/counterclaim within next 15 days. No documents shall
be allowed thereafter, except with the permission of ESC.
7.2.3.2 The parties shall file their claim and counterclaim in the following format
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a. Chronology of the dispute
b. Brief of the contract
c. Brief history of the dispute
d. Issues
Sl. No.
Description of
Claims/ Counter
claims
Amount (in
foreign
currency/INR)
Relevant Contract
Clause
e. Details of Claim(s)/Counter Claim(s)
f. Basis/Ground of claim(s)/counter claim(s) (along with relevant clause of contract
Note: Statement of claims shall be restricted to maximum limit of 20 pages.
7.2.3.3 In case of 3 members ESC, 2 members will constitute a valid quorum and the meeting can take
place to proceed in the matter after seeking consent from the member who is not available.
However, ESC recommendations will be signed by all the members.
7.2.3.4 The parties shall be represented by their in house employees. No party shall be allowed to bring
any advocate or outside consultant/advisor/agent to contest on their behalf. Ex-officers of NTPC
who have handled the subject matter in any capacity shall not be allowed to attend and
present the case before ESC on behalf of contractor. However, ex-employees of parties
may represent their respective organizations. 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. 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
ESC recommendations and 30 days thereafter in any further proceeding.
7.2.3.5 ESC will conclude its proceedings in maximum 10 meetings, and give its
recommendations within 90 days of its first meeting. ESC will give its recommendations to both
the parties recommending possible terms of settlement. CMD, NTPC may extend the
time/number of meetings, in exceptional cases, if ESC requests for the same with
sufficient reasons.
7.2.3.6 Depending upon the location of ESC members and the parties, the venue of the ESC meeting
shall be either Delhi/Mumbai/Kolkata/Chennai or any other city whichever is most economical
from the point of view of travel and stay etc. All the expenditure incurred in ESC proceedings
shall be shared by the parties in equal proportion.
7.2.4
Fees & Facilities to the Members of the ESC
The cost of Conciliation proceedings including but not limited to fees for Conciliator, Airfare,
Local transport, Accommodation, cost towards conference facility etc shall be as provided herein
below:
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S. No.
Fees/ Facility
Entitlement
1 Fees As paid to NTPC Independent Directors
[Presently Rs. 20,000 per meeting]. In
addition each conciliator to be paid Rs.
10,000 for attending meeting to
authenticate the settlement agreement -
max. of Rs. 2,10,000 per case per
Conciliator.
2 Secretarial expenses Rs. 10,000 lump sum (to 1 member only).
3 Transportation in the city of
the meeting
Car as per entitlement or Rs. 2,000 per
day
4 Venue for meeting NTPC conference rooms
Facilities to be provided to the out-stationed member
5 Travel from the city of
residence to the city of
meeting
As per entitlement of Independent
Directors. Executive class air tickets / first
class AC train tickets/ Luxury car/
reimbursement of actual fare. However,
entitlement of air travel by Business class
shall be subject to austerity measures, if
any, ordered by Govt. of India.
6 Transport to and fro airport/
railway station in the city of
residence
Car as per entitlement or Rs. 3,000
7 Stay for out stationed
members
As per entitlement of Independent
Directors.
8 Transport in the city of
meeting
Car as per entitlement or Rs. 2000 per day
Aforesaid fees is subject to revision by NTPC from time to time and subject to government
guidelines on austerity measures, if any. All the expenditure incurred in the ESC proceedings
shall be shared by the parties in equal proportions. The Parties shall maintain the account of
expenditure and present to the other for the purpose of sharing on conclusion of the ESC
proceedings.
7.2.5 If decision of NTPC is acceptable to the contractor, a Settlement Agreement under section 73 of
the Arbitration and Conciliation Act 1996 will be signed within 15 days of contractor’s acceptance
and same shall be authenticated by all the ESC members. Parties are free to terminate
Conciliation proceedings at any stage as provided under the Arbitration and Conciliation Act
1996.
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7.2.6 The parties shall keep confidential all matters relating to the Conciliation proceedings. Parties shall
not rely upon them as evidence in arbitration proceedings or court proceedings.
7.3 Arbitration
7.3.1 If the process of mutual consultation and/or ESC fails to arrive at a settlement between the
parties as mentioned at GCC Sub-Clauses 7.1 & 7.2 above, Employer or the Contractor may,
within Thirty (30) days of such failure, give notice to the other party, with a copy for
information to the ESC (as applicable), of its intention to commence arbitration, as hereinafter
provided, as to the matter in dispute, and no arbitration in respect of this matter may be
commenced unless such notice is given. The mechanism of settling the disputes through
arbitration shall be applicable only in cases where the disputed amount (i.e. total amount of
Claims excluding claims of interest) does not exceed Rs. 25 crores. In case the disputed
amount exceeds Rs. 25 Crores, the parties shall be within their rights to take recourse to
remedies as may be available to them under the applicable laws other than Arbitration after prior
intimation to the other party. There shall be no arbitration where the claim amount is only up to
Rs. 5 lakhs.
The parties at the time of invocation of arbitration shall submit all the details of the claims and
the counter-claims including the Heads/Sub-heads of the Claims/Counter-Claims and the
documents relied upon by the parties for their respective claims and counter-claims. The parties
shall not file any documents/details of the claims and counter-claims thereafter.
The claims and the counter claims raised by the parties at the time of invocation of the
arbitration shall be final and binding on the parties and no further change shall be allowed in the
same at any stage during arbitration under any circumstances whatsoever.
The parties to the contract shall invoke arbitration within Six months from the date of completion
of the execution of work under the contract or the termination of the contract as the case may be
and the parties shall not invoke arbitration later on after expiry of the said period of six months.
The parties shall not invoke arbitration other than in the case of completion of execution of work
or the termination of the contract as mentioned above.
Notwithstanding the above, in case of disputes with Indian Contractor who is a Central
Government Department /Enterprise /organisation or a State Level Public Enterprise (SLPE), the
aforesaid limit of Rs 25 crores shall not be applicable and arbitration proceeding may be
commenced irrespective of the amount involved in dispute if the dispute could not be resolved
through Conciliation as brought out at GCC Sub Clause 7.2 above.
7.3.2 Any dispute in respect of which a notice of intention to commence arbitration has been
given, in accordance with GCC Sub Clause 7.3.1, shall be finally settled by arbitration.
7.3.3 Any dispute raised by a party to arbitration shall be adjudicated by a Sole Arbitrator appointed by
CMD, NTPC from the List of empanelled Arbitrators of NTPC in the following manner :-
a) A party willing to commence arbitration proceeding shall invoke Arbitration Clause by giving 60
days notice to the other party.
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b) If the Arbitrator so appointed dies, resigns, becomes incapacitated or withdraws for any reason
from the proceedings, it shall be lawful for CMD, NTPC to appoint another person in his place in
the same manner as aforesaid. Such person shall proceed with the reference from the stage
where his predecessor had left.
c) It is agreed between the parties that the Arbitration proceedings shall be conducted as per the
provisions of Fast Track Procedure as provided under section 29B of the Arbitration and
Conciliation Act, 1996 as amended.
d) Arbitrator shall be paid fees at the following rates:
Amount of Claims and Counter
Claims (excluding interest)
Lump sum fees (including fees for study of
pleadings, case material, writing of the
award, secretarial charges etc.) to be
shared equally by the parties.
Upto Rs 50 lakhs Rs. 10,000 per meeting subject to a ceiling of
Rs. 1,00,000/-.
Above Rs 50 lakhs to Rs 1 crore Rs. 1,35,000/- plus Rs. 1,800/- per lakh or a
part there of subject to a ceiling of Rs.
2,25,000/-.
Above Rs. 1 crore and upto Rs. 5
Crores
Rs. 2,25,000/- plus Rs. 33,750 per crore or a
part there of subject to a ceiling of Rs.
3,60,000/-.
Above Rs. 5 crores and upto Rs.
10 crores.
Rs. 3,60,000/- plus Rs. 22,500/- per crore or a
part there of subject to a ceiling of Rs.
4,72,500/-.
Above Rs. 10 crores Rs. 4,72,500 plus Rs. 18,000/- per crore or
part thereof subject to a ceiling of Rs.
10,00,000/-.
If the claim is in foreign currency, the SBI Bills Selling Exchange rate prevailing on the date of
claim shall be used for the purpose of converting the claim in Indian Rupee which may be used
for determining the arbitration fee as brought out above.
e) If after commencement of the Arbitration proceedings, the parties agree to settle the dispute
mutually or refer the dispute to Conciliation, the arbitrator shall put the proceedings in
abeyance until such period as requested by the parties. Where the proceedings are put in
abeyance or terminated on account of mutual settlement of dispute by the parties, the fees
payable to the arbitrator shall be determined as under:
(i) 40% of the fees if the Pleadings are complete.
(ii) 60% of the fees if the Hearing has commenced.
(iii) 80% of the fees if the Hearing is concluded but the Award is yet to be passed.
f) Each party shall pay its share of arbitrator’s fees in stages as under:
(i) 40 % of the fees on Completion of Pleadings.
(ii) 40% of the fees on Conclusion of the Final Hearing.
(iii) 20% at the time when arbitrator notifies the date of final award.
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g) The Claimant shall be responsible for making all necessary arrangements for the travel/ stay of
the Arbitrator including venue of arbitration, hearings. The parties shall share the expenses for
the same equally.
h) The Arbitration shall be held at Delhi only.
i) The Arbitrator shall give reasoned and speaking award and it shall be final and binding on the
parties.
j) Subject to the aforesaid conditions, provisions of the Arbitration and Conciliation Act, 1996 and
any statutory modifications or re-enactment thereof shall apply to the arbitration proceedings
under this clause.
7.3.4 In case the Indian Contractor is a Central Government Department/Enterprise/organisation or a
State Level Public Enterprise (SLPE), the dispute arising between the Employer and the
Contractor shall be referred for resolution to the Permanent Machinery of Arbitrators (PMA) of
the Department of Public Enterprises, Government of India as per Office Memorandum No.
4(1) 2011-DPE(PMA)-GL dated 12.06.2013 issued by Government of India, Ministry of Heavy
Industries and Public Enterprises, Department of Public Enterprises and its further
modifications and amendments.
7.4 Notwithstanding any reference to the Conciliation or Arbitration herein,
(a) the parties shall continue to perform their respective obligations under the
Contract unless they otherwise agree.
(b) the Employer shall pay the Contractor any monies due to the Contractor.
B. SUBJECT MATTER OF CONTRACT
8. Scope of Contract
The W ork to be carried out under the Contract shall be as delineated in
Bidding Documents and shall, except as otherwise provided in these
conditions, include all labour, materials, tools, plant, equipment, and transport
which may be required in preparation of and for and in the full and entire
execution and completion of the Works.
9. Notices to Local Bodies
9.1 The Contractor shall comply with and give all notices required under any
Governmental authority, instrument, rule or order made under any Act of
Parliament, State Laws or any regulation or bye-laws of any local authority
relating to the W orks. He shall before making any variation from the Contract
drawings necessitated by such compliance give to the Engineer-in-Charge a
written notice giving reasons for the proposed variation and obtain the
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Engineer-in-Charge's instructions thereon, in writing.
9.2 The Contractor shall pay and indemnify the Employer against any liability in
respect of any fees or charges payable under any Act of Parliament, State
laws or any Government instrument, rule or order and any regulations or bye-
laws of any local authority in respect of the Works.
10. Human Resources
10.1 The Contractor for the purpose of the Contract shall engage / employ
adequate number of key personnel in all areas such as design / engineering
(wherever applicable), planning, scheduling and construction and carrying out
of all maintenance of his plant and equipment (as detailed in the SCC) and
competent and skilled work force as directed by the Engineer-in-Charge. The
Engineer-in-Charge will approve any proposed replacement of such key
personnel including work force only if their qualifications, experience,
competence and capabilities are substantially equal to or better than those
personnel originally identified and approved by the Engineer-in-Charge.
10.2 The Engineer-in-Charge may require the Contractor to remove from Site of
Works or from any other area of W ork related to the Contract, any member of
the Contractor personnel or work force who
(i) Persists in any misconduct or lack of care
(ii) Performs his duties incompetently or negligently or otherwise carelessly
(iii) Fails to conform with any provisions of the Contract or
(iv) Persists in any conduct which is prejudicial to the safety, health or
protection of the W ork and environment.
If appropriate, the Contractor shall appoint a suitable replacement within
fourteen (14) days or within such period as may be agreed between the
Engineer-in-Charge and Contractor.
10.3 The Contractor shall unless otherwise provided in the Contract, make his own
arrangement for engagement of all staff and labour, local or otherwise and for
their payment, housing, transport, lodging and welfare as may be required by
law and or by industry practice. The Contractor shall provide the Engineer-in-
Charge a return in detail in such form and at such intervals as he may
reasonably prescribe showing the staff and number of the several classes of
labour and other staff from time to time employed by the Contractor at Site or
in connection with the Work along with such information as the Engineer-in-
Charge may reasonably require.
10.4 Labour laws and Regulations and compliance thereof
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10.4.1 During the entire period of Contract, the Contractor and his Sub-Contractors
shall, at all times abide by all existing labour enactments, rules made therein,
regulations, notifications and bye-laws by the appropriate government, local
authority or any other labour laws or notification that may be issued under any
labour law prevailing as on the date seven (7) days prior to the deadline set
for submission of the bids, published by the State or Central Government or
Local Authorities. An illustrative list of applicable acts, notifications, rules etc.
in connection with the labour as applicable is provided in SCC. This list is not
in any way exhaustive and shall not absolve the Contractor from any of his
liabilities or responsibilities in compliance with any other laws, regulations,
notifications that may be in force during the tenure of Contract.
10.4.1.1 During the entire period of Contract, the Contractor and his Sub-Contractors
shall, at all times abide by the following Acts/ Statutes related to Human
Resources
1. Factories Act, 1948; Contract Labour (Regulation & Abolition) Act, 1970;
2. EPF & MP Act, 1952;
3. Building & Other Construction Workers (Regulation of Employment &
Conditions of Service) Act, 1996;
4. ESI Act, 1948;
5. Minimum Wages Act, 1948;
6. Payment of Wages Act, 1936;
7. Payment of Bonus Act, 1965;
8. Payment of Gratuity Act, 1972;
9. Workmen’s Compensation Act, 1923;
10. ID Act, 1947;
11. Maternity Benefit Act, 1961;
12. Inter-State Migrant W orkmen (Regulation of Employment & Conditions of
Service) Act, 1979;
13. Fatal Accidents Act, 1855
14. Model Welfare Code
The above will deem to include all relevant/ applicable rules made thereunder,
regulations, notifications and bye laws of the State or Central Govt. or the
local authority and any other labour law (including rules) regulations, bye laws
as well as those that may be passed or notification that may be issued under
any labour law present and in future either by State or Central Govt. or by
local authority.
10.4.2 The Contractor and his Sub-Contractors shall indemnify the Employer, from
any action taken against the Employer by any competent authority in
connection with the enforcement of the applicable laws, regulations,
notifications, on account of contravention of any of the provisions therein,
including amendments thereto. If the Employer is caused to pay or otherwise
made liable, such amounts as may be necessary for non-observance of the
provisions stipulated in the laws, rules, notifications including amendments, if
any on the part of the Contractor and/or his Sub-Contractors, the Engineer-in-
Charge / Employer shall have the right to deduct any such money from any
amount due to the Contractor including his performance security, under the
Contract. The Employer shall also have the right to recover from the
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Contractor any sum required or estimated as required for making good any
loss or damage suffered / likely to be suffered by the Employer, on this
account.
10.4.3 If due to an enactment of any new Act or Statute and rules made thereunder
or any modification to the Acts/Statute or rules made thereunder, all after
seven (7) days prior to the deadline set for submission of the bids and as a
consequence thereof, the Contractor has to incur additional cost or
expenditure, the same will be reimbursed by the Employer to the Contractor,
excepting those due to reasons attributable to the Contractor and those being
already compensated by other provisions of the Contract, like Price
Adjustment, Taxes and Duties etc.
10.4.4 It is specifically agreed that the Contractor and his Sub-Contractors shall
obtain all the necessary registration, licenses, permits, authorisations etc.
required under various enactments / Regulations enforced from time to time,
specifically registration as employer under Provident Fund Act and Contract
Labour Regulation & Abolition Act, and the Employer shall not be liable for any
violation by the Contractor in this regard.
10.4.5 The employees of the Contractor or his Sub-Contractor(s) shall in no case be
treated as the employees of the Employer at any point of time.
10.4.6 The Contractor and his Sub-Contractors shall be liable to make all due
payments to all their employees and ensure compliance with labour laws. If
the Employer, is held liable as 'PRINCIPAL EMPLOYER' or otherwise to incur
any expenditure or to make any contributions under any legislation of the
Government or Court decision, in respect of the employees of the Contractor
or his Sub-Contractors, then the Contractor would reimburse the amounts of
such expenditure/contribution so made by the Employer.
10.4.7 In case the ESI act is not applicable to the area where the Work is executed,
as evidenced by the Certificate/Letter submitted to this effect from the local
authorities, the Contractor shall be liable to arrange and pay for the expenses
towards the medical treatment in respect of all labour employed by him for the
execution of the Contract.
10.4.8 Staff quarters & labour hutments at Site if available, may be provided to the
Contractor on chargeable basis at the discretion of the Engineer-in-Charge on
mutually agreed terms and conditions.
10.4.9 Safety
The Contractor, including his sub-contractors, while executing the Works, will
strictly comply with the statutory requirements (including amendments
thereof), as applicable, in respect of safety of his employees, equipment and
materials. The contractor will also comply with the provisions of NTPC Safety
Rules as issued from time to time and displayed on NTPC’s tender website
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http://www.ntpctender.com. Within 30 days from the date of Letter of award,
the Contractor, shall develop and submit for the Employer’s approval, his own
Safety, Health and Environment policy in line with the above-mentioned
statutory requirements and NTPC Safety rules. The detailed requirements to
be complied by the Contractor with regard to the safety of his personnel,
equipment and materials are enumerated in the Technical Specifications.
11. Shift Work
11.1 To achieve the required rate of progress in order to complete the Works within
the Time for Completion, the Contractor may carry on the work, round the
clock, in multiple shifts per day, as may be necessary. The Contractor shall
however be responsible to comply with all applicable laws in this regard.
11.2 No additional payment will be made on account of round the clock working in
multiple shifts.
11.3 Wherever the work is carried out at night adequate lighting of working areas
and access routes for pedestrians or vehicles shall be provided by the
Contractor at his cost. Sufficient notice should be given by the Contractor to
the Engineer-in-Charge regarding the details of works in shifts so that
necessary supervision could be provided.
12. Cooperation with other Contractors/ Agencies
12.1 The Contractor shall extend all reasonable cooperation to other Contractors,
agencies etc. of the Employer engaged in connection with the Work or any
other Work not in the scope of this W ork as may be required by the Engineer-
in-Charge.
12.2 The Contractor shall attend at his cost, all the meetings with the Engineer-in-
Charge, other contractors and the Consultants of the Employer for the
purposes of the Contract. The Contractor shall attend such meetings as and
when required by the Engineer-in-Charge.
13. Materials obtained from Excavation
13.1 Materials of any kind obtained from excavation on the Site shall remain the
property of the Employer and shall be disposed of as the Engineer-in-Charge
may direct.
14. Treasure, Trove, Fossils, etc
14.1 All fossils, coins, articles of value or antiquity and structures and other
remains or things of geological or archaeological interest discovered on the
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Site shall be the absolute property of the Employer and the Contractor shall
take reasonable precautions to prevent his workmen or any other person from
removing or damaging any such article or thing, shall immediately upon
discovery thereof and before removal acquaint the Engineer-in-Charge with
such discovery and carry out the Engineer-in-Charge's directions as to the
disposition of the same, at the cost of the Employer.
15. Protection of Trees
15.1 Trees designated by the Engineer-in-Charge shall be protected from damage
during the course of the Works and earth level within at least one (1) meter of
each such tree shall not be disturbed. Where necessary, such trees shall be
protected by providing temporary fencing at the cost of the Employer.
16. Security Watch and Lighting
16.1 The Contractor shall provide and maintain at his own expense all lights,
guards, fencing and watching when and where necessary or required by the
Engineer-in-Charge for the protection of the W orks or for the safety and
convenience of those employed on the Works or the public.
17. Prevention of Pollution
17.1 The Contractor shall make necessary arrangement to prevent pollution of the
water in any adjacent water bodies including stream, springs, nallah, river and
lakes etc. The Contractor shall be solely responsible and liable for all damage
caused by any pollution that may take place during the execution of the Work.
18. Explosives
18.1 Permission for the use of explosives shall be obtained from the Engineer-in-
Charge or from any appropriate authority as directed by the Engineer-in-
Charge and all explosive materials shall be used only under close supervision.
It shall be the responsibility of the Contractor to seek and obtain any
necessary permits, and to ensure that the requirements of the authorities are
complied with, in all respects. Failure to do so may result in the Engineer-in-
Charge withdrawing permission to use explosives. The indemnification
provided for, under the General Condition of Contract shall include
indemnification against all claims in respect of any incident arising from the
use of explosives.
19. Training of Apprentices:
19.1 The Contractor shall during the currency of the Contract when called upon by
the Engineer-in-Charge engage and also ensure engagement by Sub-
Contractors employed by the Contractor in connection with the Works, such
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number of Apprentices in the categories and for such periods as may be
reasonably required by the Engineer-in-Charge. The Contractor shall train
them as required under the Apprentices Act, 1961 and shall be responsible for
all obligations of the Employer under the Act including the liability to make
payment to apprentices as required under the Act.
20. Handing over of Site
20.1 The Employer shall make available the Site to the Contractor as soon as
possible after the award of the Contract free of encumbrance. The Contractor
shall not be permitted to enter on (other than for inspection purposes) or take
possession of the Site until instructed to do so by the Engineer-in-Charge in
writing.
20.2 The Employer reserves the right to hand over the Site in parts progressively to
the Contractor. The Contractor will be required to take possession of the Site
without any undue delay and do Work on the released fronts in parts without
any reservation whatsoever.
20.3 However, in case of any delay in handing over of the Site to the Contractor,
which delays the performance of the Work, commensurate to the resources
mobilised by the Contractor, then the Contractor will be eligible for suitable
extension in time for completion of the Works or any other compensation as
per the provisions of GCC Sub-Clause 29.7.
20.4 The portion of the Site to be occupied by the Contractor shall be defined
and/or marked on the Site plan, failing which these shall be indicated by the
Engineer-in-Charge at Site and the Contractor shall on no account be allowed
to extend his operations beyond these areas. Further, the Contractor shall not
hinder in any way the working of other contractors on the Site.
20.5 The Contractor shall plan his work as per available roads at Site. Wherever,
the access roads near to the Work Site are not available, the Contractor shall
make his own arrangement for approach to the W ork Site including
borrow/disposal areas and for movement of men, machinery, other equipment
etc. required f or carrying out the Works included under this Contract. All
drainage of Works area and all weather truckable/ haulage roads as required
by the Contractor shall be constructed and maintained during the construction
period by the Contractor at his own cost.
20.6 The Contractor shall provide, if necessary, all temporary access to the Work
Site and shall alter, adapt and maintain the same as required from time to time
and shall take up and clear them away as and when no longer required and,
as and when ordered by the Engineer-in-Charge and make good all damage
done to the Site.
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20.7 The Contractor shall be permitted the usage of all access roads built by the
Employer for the purposes of the Contract. If any damage is done to such
roads and associated areas like drains, culverts and the like, by the
Contractor, the same shall be made good by the Contractor at his own cost,
but as may be directed by the Engineer-in-Charge.
21. Duties and Powers of Engineer-in-Charge and his representatives
21.1 The Engineer-in-Charge shall have the full powers in respect of all the matters
in connection with or arising out of this Contract, excepting those specifically
reserved for the Employer. However, the Engineer-in-Charge shall not have
any power to relieve the Contractor of any of his obligations and
responsibilities under the Contract.
21.2 The duties of the representative of the Engineer-in-Charge are to watch and
supervise the Works and to test and examine any materials to be used or
workmanship employed in connection with the Works. He shall have no
authority to order any work involving any extra payment by the Employer nor
to make any variation in the W orks, creating a financial liability to the
Employer.
21.3 The Engineer-in-Charge may from time to time in writing delegate to his
representative any of the powers and authorities vested in the Engineer-in-
Charge and shall furnish to the Contractor a copy of all such written
delegation of powers and authorities. Any written instruction or written
approval given by the representative of the Engineer-in-Charge to the
Contractor within the terms of such delegation shall bind the Contractor and
the Engineer-in-Charge as though it has been given by the
Engineer-in-Charge.
21.4 Failure of the Representative of the Engineer-in Charge to disapprove any
work or materials shall not prejudice the power of the Engineer-in-Charge
thereafter to disapprove such W ork or materials and to order the pulling down,
removal or breaking up thereof.
21.5 If the Contractor shall be dissatisfied with any decision of the representative
of the Engineer-in-Charge he shall be entitled to refer the matter to the
Engineer-in-Charge who shall there-upon confirm, reverse or vary such
decision.
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C. PAYMENT
22. Contract Performance Security
22.1.1 The Contractor shall within twenty-one (21) days of the Letter of Award,
provide a Contract Performance Guarantee (CPG) towards faithful
performance of the Contract for ten percent (10%) of the Contract Price.
Alternatively, the Contractor may furnish the Contract Performance Guarantee
in two Stages viz. A Contract Performance Guarantee for an amount
equivalent to 5% of the Contract Price within twenty-one (21) days from the
date of Letter of Award to be followed up with another Contract Performance
Guarantee for an amount equivalent to 5% of the Contract Price prior to the
scheduled completion of 50% of total scope of work.
22.1.2 The Contractor also has the option to furnish an Initial Contract Performance
Guarantee (ICPG) equivalent to a minimum of 2% of the Contract Price. In
case of such a Contractor, who furnishes Initial Contract Performance
Guarantee, the Employer shall at the time of making any payment to him for
the work done under the Contract deduct towards the Contract Performance
Security an amount equivalent to 10% of the gross bill amount accepted for
payment until the Contract Performance Security so deducted including the
amount of Initial Contract Performance Security becomes equal to 10% of the
Contract Price, subject to the condition that whenever the Contract
Performance Security so deducted reaches a limit of 2% of the Contract Price,
the Contractor may convert the amount into a Bank Guarantee as aforesaid.
22.1.3 The Contract Performance Guarantee/Initial Contract Performance Guarantee
shall be in the form of a Bank Guarantee issued by a Bank from the list
enclosed in the Bidding Documents. The format of the said bank guarantee
shall be in accordance with the format included in the Section VIII (Forms and
Procedures). This bank guarantee shall have an initial validity upto ninety (90)
days beyond the completion of Defect Liability Period of the Contract.
However, in case the date of completion of defects liability period gets
extended, the validity of the Contract Performance Guarantee shall be
extended by the period of extension of completion of defects liability.
22.2 One half (50%) of the Contract Performance Security amount shall be
refunded/released to the Contractor on the issuance of Completion Certificate
by the Engineer-in-Charge certifying the completion of entire Works under the
Contract. The Engineer-in-Charge shall on demand from the Contractor,
release/refund the remaining portion of the Contract Performance Guarantee
on expiry of the Defects Liability Period or on payment of the amount of the
Final Bill payable, whichever is later, provided the Engineer-in-Charge is
satisfied that there is no demand outstanding against the Contractor, arising
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out of the Contract.
22.3 No interest shall be payable to the Contractor against the Contract
Performance Guarantee furnished/recovered by way of deductions from
running account payments from the Contractor, by the Employer.
23. Advance
23.1 Mobilisation Advance
i) A lumpsum mobilisation advance not exceeding 4% of the Contract
Value as awarded shall be paid to the Contractor at the rate of interest
mentioned in SCC subject to the following conditions:
a) On unconditional acceptance of Letter of Award by the
Contractor.
b) Acceptance and finalisation of detailed Work Schedule and
finalisation of equipment mobilization schedule.
c) Submission of an irrevocable bank guarantee for the amount equivalent to
110% of the advance plus GST as applicable on the advance payment
to be paid to the contractor in the proforma of bank guarantee provided in
Section-VIII (Forms and Procedures) - Proforma of Bank Guarantee for
Lumpsum Advance from any bank from the list enclosed in Bidding
Documents and acceptable to the Employer.
d) Finalisation of Quality Assurance Programme in accordance with
GCC Clause entitled ‘Quality Assurance programme’.
e) Submission of an unconditional, irrevocable bank guarantee for
the amount of Initial Contract Performance Security Deposit/
Contract Performance Security Deposit from any bank from the
list enclosed in Bidding Documents and acceptable to the
Employer in the proforma of bank guarantee provided in Section
VIII (Forms and Procedures)- Form of Bank Guarantee for
Contract Performance Guarantee.
f) On completion of the requirement of Qualifying Requirements, the
documentation in respect of associate(s), if applicable, in line
with the provisions thereof in BDS, and on submission of an
unconditional and irrevocable bank guarantee from any bank as
per list enclosed in Bidding Documents and acceptable to
Employer in the proforma provided in Section VIII (Forms and
Procedures).
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g) The advance payment shall be released only after the verification
and confirmation of the above bank guarantees from the issuing
bank.
ii) A further lumpsum mobilisation advance not exceeding 4% of the
Contract Value as awarded shall be paid to the Contractor from Project
Site at the rate of interest mentioned in SCC subject to the following
conditions:
a) Fulfilment of conditions mentioned at GCC Sub-Clause 23.1 (i) a,
b, d, e & f.
b) On certification of the Engineer-in-Charge that the Contractor has
opened his office at Site and mobilised the plant and equipment
specifically identified in Letter of Award of the Contract for
releasing this advance.
c) Submission of an irreovcable bank guarantee for the amount equivalent to
110% of the advance plus GST as applicable on the advance payment
to be paid to the contractor in the proforma provided in Section-VIII
(Forms and Procedures) - Proforma of Bank Guarantee for Lumpsum
Advance from any bank from the list enclosed in Bidding Documents and
acceptable to the Employer.
d) The advance payment shall be released only after the verification
and confirmation of the above bank guarantees from the issuing
bank.
(e) Mobilisation advance 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 Mobilisation advance, the
first progressive payment 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.
23.2 Equipment Advance
An amount not exceeding 75% of the purchase price of the new plant and
equipment specifically acquired for the Work and brought to Site against
production of documents in support thereof and subject to the condition that
the Engineer-in-Charge considers the price reasonable and that such plant
and equipment are necessary for the Works and not in excess of requirements
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and are hypothecated in favour of the Employer in the form required by the
Employer shall be payable. “In case the Contractor is an entity other than a
Sole Proprietorship Concern or a Partnership Firm, the Contractor shall get
the Hypothecation Deed thus executed, registered with the Registrar of
Companies in the manner and timeframe required as per the Companies Act,
2013 of India.” Interest on the advance outstanding, shall be levied at the
percentage mentioned in SCC. Total advance amount against plant and
equipment shall in no case exceed 6% of the total contract value as awarded.
Provided that if a request for loan is made by the Contractor against both the
aforementioned provisions of this condition, viz. GCC Sub-Clauses 23.1 and
23.2, the total sum to be given as loan shall not exceed 10% of the total
contract value as awarded.
23.3 All the above advances mentioned at GCC Sub-Clause 23.1(i), 23.2 (ii) and
23.2 shall be interest bearing and the rate of interest for mobilization advance and
equipment advance shall be as specified in SCC.
23.4 Any of the above advances may be claimed by the Contractor at his option in
instalments.
23.5 The above advance shall be utilised by the Contractor for the purposes of this
Contract only and for no other purpose.
23.6 All payments of advances may be released electronically, wherever technically
feasible.
23.7 The recovery of the advances as above and interest thereon shall be made by
deduction from the on account payments referred to in GCC Clause entitled
‘Payment on Account/Progressive Interim Payments’ in suitable percentages
fixed by the Engineer-in-Charge in relation to the total cumulative advances
released and the progress of the work, so that all the sums advanced with
interest thereon shall be fully recovered starting from the time 10% and ending
by the time 80% of the W ork as awarded is completed. If the amount payable
under any interim bill is not sufficient to cover all deductions to be made for
sums advanced with interest and other sums deductible therefrom, the balance
outstanding shall be deducted from subsequent interim bill/bills, as may be
necessary, failing that, as otherwise provided for in the Contract.
23.8 If for any reason, except for reasons of default of the Contractor, the Work
under the Contract is suspended continuously for more than fourteen(14)
days, the Contractor shall be at liberty to remove the plant and equipment or
any part thereof hypothecated to the Employer under GCC Sub-Clause 23.2
above, to any other work site of the Contractor for carrying on his other works,
on his furnishing prior to such removal a bank guarantee acceptable to the
Employer for the amount of the outstanding advance granted under GCC Sub-
Clause 23.2 above with interest and upon the Contractor undertaking to bring
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back to the Site, before expiry of the period of suspension, such plant and
equipment as may be necessary for completion of the Works. If any such Plant
and Equipment are not brought back, the Contractor shall forthwith repay the
amount for the advance outstanding with interest thereon against such plant
and equipment.
23.9 The value of the bank guarantees towards any of the above advances shall be
reduced every three (3) months after the date of commencement of recovery
of corresponding advance and interest thereon under the Contract in
accordance with GCC Sub-Clause 23.7. The quantum of reduction of the value
of bank guarantee at any point of time shall be proportional to the quantum of
work completed as certified by the Engineer-in-Charge and applicable GST. The
Bank Guarantee value shall stand reduced to zero on completion of total work
by the Contractor under the Contract as certified by the Engineer-in-Charge. It
should be clearly understood that reduction in the value of bank guarantee
towards advance shall not in any way dilute the Contractor's responsibility and
liabilities under the Contract including in respect of the Works for which the
reduction in the value of bank guarantee is allowed.
24. Payment on Account/Progressive Interim Payments
24.1 “Bills for the progressive payments shall be submitted by the contractor
monthly".
In order to make the Progressive Interim Payment for the work to be executed
on lump-sum basis, the contractor shall submit detailed Billing Break-up (BBU)
of the lump-sum amount for Employer's approval. The BBU so submitted by
the contractor shall be finalized in consultation with Employer.
24.2 The progressive payment shall be released after certification by Employer's
Field Quality Assurance Department that the Works have been performed in
accordance with the Technical Specifications and also upon authorisation for
the payment by the Engineer-in-Charge. However, the release of first
progressive interim payment 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 entitled Contractor’s
Liability and Insurance’ and acceptance of the same by Engineer-in-Charge.
24.3 (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 sub-contractors, sub-vendors, PRW 's etc., of the
Contractor. The Contractor shall maintain separate books of accounts
for all payments under this Contract and the Engineer-in-Charge shall
have access to these at all times.
(ii) Account Tracking Mechanism
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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 Engineer-in-Charge 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.
For tracking of payments received from the Employer, the Contractor
shall also submit a monthly statement by 7
th
of every month certifying
the transactions pertaining to the above account along with the purpose
of such transactions. In case the Contractors 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, NTPC will have
the right to give suitable instructions to the Bank to regulate / freeze the
account.
24.4 (i) In case of part acceptance of the W ork, the Engineer-in-Charge shall
have the right to release payment for that part of the Work.
(ii) Acceptance of the Work without fulfilling all the obligations mentioned
under rates and measurement in Technical Specifications shall be
considered as part acceptance of W ork.
24.5 Payment on account for amount admissible shall be made on the Engineer-in-
Charge certifying the sum to which the Contractor is considered entitled by
way of interim payment for the following:
(a) all W ork executed, after deducting therefrom the amounts already paid,
the performance security deposit and such other amounts as may be
deductible or recoverable in terms of the Contract;
(b) 75 per cent of the cost (as assessed by the Engineer-in-Charge) of any
materials which are in the opinion of the Engineer-in-Charge reasonably
required in accordance with the Contract with respect to the period of
utilisation & quantum and have been brought to Site for incorporation in
the Works and are safeguarded against loss due to any cause
whatsoever to the satisfaction of the Engineer-in-Charge, but have not
been so incorporated; provided the Contractor provides an insurance
cover for the full cost of such materials.
(c) Unless specifically certified/authorised by the Engineer-in-Charge, no
such payment shall be made against the materials brought to Site which
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in the opinion of the Engineer-in-Charge are not likely to be
used/incorporated in the Works in the ensuing period of four (4) months.
24.6 The payments against materials brought to Site under (b) above shall be
adjusted as and when materials are utilised/ incorporated in the Works.
24.7 The Contractor shall submit his bill, by the date stipulated by the Engineer-in-
Charge, in the prescribed proforma, supported with measurements, jointly
acknowledged and accepted in the measurement books. Payments of the
Contractor's bill shall be paid by the Employer within twenty-one (21) days
from the date of submission of bill subject to the authorisation of the Engineer-
in-Charge. Alternatively, if so desired by the Contractor, after preliminary
scrutiny and certification by the Engineer-in-Charge, 75% of the certified net
payable amount shall be made by the Employer within seven (7) days. The
amount certified shall account for all deductions, including statutory
deductions as for GST (if applicable), income tax, etc., recoveries for
advances and any other amounts due from the Contractor. The balance 25%
shall be paid within twenty-one (21) days, from the date of submission of the
said bill. Such payments made by the Employer shall not constitute any
acceptance of the measurements of items of the Works by the Employer and
the Engineer-in-Charge shall have the right to alter, modify, reduce or diminish
the quantities or classification entered in the Measurement Books or Bills. The
Employer shall have right to recover any amount paid in an earlier bill from
any subsequent bill and should the amount to be recovered be more than the
amount of the subsequent bill, the Contractor shall on demand from the
Engineer-in-Charge or Employer immediately refund the extra amount to the
Employer within seven (7) days. W herever technically feasible, the payments
shall be released electronically only as per details of bank account indicated
in the Contract.
24.8 Any interim certificate given relating to Work done or materials delivered, may
be modified or corrected by any subsequent interim certificate or by the final
certificate. No certificate of the Engineer-in-Charge supporting an interim
payment shall itself be conclusive evidence that any W ork or materials to
which it relates is/are in accordance with the Contract.
24.9 In case of the delayed Work beyond the scheduled completion period, pending
consideration of extension of time of completion if it had been requested by
the Contractor, interim payments shall continue to be made as herein above
provided.
24.10 GST applicable upon on account payment shall be paid/reimbursed to the
Contractor along with such payments, 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
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sanctioned. The GST paid along with advance shall be adjusted prorata
against the tax due upon on account payment, based on the value of the
advance recovered from such on account payment.
Not withstanding 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 NTPC 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.
25. Contract Price Adjustment
25.1.0 The Contract Price (for definition, please refer to GCC Clause titled 'Definitions') as
awarded shall be the base Contract Price.
25.2.0 The rates quoted by the Bidder shall be the base price which will be subject to price
adjustment in accordance with the conditions and formula prescribed herein and further
subject to satisfying the requirements specified in this clause only.
25.3.0 A certain fixed percentage of base price shall not be subject to any price adjustment. The
balance percentage to be specified shall be of identified Components towards labour,
materials, steel, cement and Diesel Oil/ (POL) and shall be subjected to Price Adjustment.
25.4.1 The actual amount of price adjustment shall be determined by satisfying the conditions
specified herein and shall not exceed the maximum limit as specified in SCC.
25.4.2 The value of "F" as specified in these Special Conditions of Contract will remain
unchanged and fixed component shall not be disputed.
25.5.0 No ceiling limit on Price Adjustment on the base contract price.
25.6.0 Price Adjustment(s) shall be calculated for the quantum of works executed for the month
or the period of the bill as per agreed Work Schedule. For the purpose of
payment/recovery of price variation provisions, the Contractor would be eligible for such
claims or shall be liable for refund on the quantum of work scheduled or the actual
quantum of work done provided always that the quantum of work done is more than or
equal to the scheduled quantum of work as per the agreed Work Schedule. In other words,
the Contractor shall not be eligible for these claims nor liable or payment/refund under
these provisions if the work has been delayed beyond the scheduled date(s) for reasons
attributable to Contractor. However the Contractor would be eligible for claim or liable for
refund for price adjustment(s) for quantities of work executed beyond the scheduled dates
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based on the value of Indices as applicable to the schedule date of execution, for such
delayed work provided that if the indices during the extended periods are lower than the
indices during scheduled dates of execution, then lower indices shall be applicable.
25.7.0 Additional, altered or substituted items of work, derived from the agreed schedule of rate
(to be attached in the "Award Letter") will also attract price adjustment as per this clause.
No price adjustment is payable for the rate/amount of the additional, altered or substituted
items of works, when derived from or based on Market rates as per clause 49 of Section-
IV, GCC. No price adjustment for the cost of Owner Issued materials (viz. steel & cement
or any other item(s) issued from Owner's Store) shall be applicable, which are issued at
free of cost to the Contractor.
25.8.0 Every month after the award of Contract, the Contractor shall submit to the Engineer-in-
Charge, a written notice of the changes, if any, that have occurred in the specified indices
of materials, labour, Gases or High Speed Diesel Price, during the previous reporting
period containing the effective date of such change, the amount of change for the claim of
the amount of Contract price adjustment with authenticated documentary evidence of the
relevant published indices/diesel price to substantiate the price adjustment.
25.9.0 Provided further that such payment/refund shall not be operative and payable after the
Schedule expiry of the Contract period or authorized extended Contract period or
extended date of completion of works or items of works in question, whichever is earlier.
25.10.0 In cases, the work or items of work, or group of items of work, are delayed beyond the
schedule dates for the work, for reasons attributable to the Contractor, the price
adjustment provisions shall not be applicable for the period of time between the schedule
date and the actual date, but for as provided above in sub-clause 25.6.0.
25.11.0 For this purpose, the schedule date of work shall be as identified in line with provisions of
clause entitled "TIME AND EXTENSION FOR DELAY" and/ or "The Work Schedule/ Bar
Chart" (which will be discussed and finalised before Award of work) wherein the separate
period of completion has been specified/ agreed to for items, or groups of items, or works.
25.12.0 TOTAL ADJUSTED CONTRACT PRICE
The total adjusted Contract price shall be Sigma (ACP) + other elements of Contact price
if any.
25.13.0 Except as provided therein, no other expenditure incurred by the Contractor, due to levy of
additional/increase in royalty, insurance premium(s) benefits to workers/ Labourers or any
other Clause(s)/ items(s) due to any reason whatsoever, shall be payable to the
Contractor.
25.14.0 Tender specifying provisions other than those specified above run the risk of
rejection.
25.15.0 The Contractor shall be required to produce necessary “Price List” for High Speed Diesel
at the Indian Oil Corpn. retail outlet nearest to the project and “Monthly Bulletins” issued by
office of the Economic Adviser, Ministry of Commerce & Industry, Government of India/
Labour Bureau, Shimla (as published by RBI) or any other related bulletin for materials/
Labour for receiving payments from Employer/ Refund to be made to Employer as
required in the Price Adjustment Formula mentioned above.
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26. Taxes, Duties, Levies etc.
26.1 Except as other wise specifically provided in the Contract, the Contractor shall
be liable and responsible for the payment of all taxes, duties, levies and
charges imposed on the Contractor, its Sub-Contractors and those imposed on
the Contractor's equipment, materials, supplies and services to be used in the
performance of the Contract or furnished under the Contract.
26.2 The Award of the Contract is on 'Works Contract' basis. Notwithstanding GCC
Sub-Clauses 26.1 above, the Employer shall bear and pay/reimburse to the
Contractor, Goods and Services Tax (GST) applicable on the items of Works
Contract described in the Schedule of Quantities. However, the taxes, duties &
levies as may be applicable on the materials used for Works Contract shall be
to the contractor's account and no separate claim in this regard will be
entertained by the Employer. Further, in case of any variation in the rates of
the GST after the date seven (7) days prior to deadline set for submission of
the Techno-Commercial bids, the same shall be paid/ reimbursed to/
recovered from the Contractor subject to submission of documentary evidence.
26.3 It shall be incumbent upon the Contractor to obtain a registration certificate
under the GST Law, and other law(s) relating to levy of tax, duty, cess etc.
and necessary evidence to this effect shall be furnished by the Contractor to
the Employer. If the Contractor intends to engage itself in quarrying or mining
of soil/earth, sand, stone/aggregates, metals, minerals or minor minerals
required for the W orks, as the case may be, it shall obtain necessary permits
under the applicable law for such mining or quarrying from the State/Central
Government authorities and pay the fee or charges applicable thereto.
26.4 The Contract Price shall be inclusive of any Royalties or Seigniorage Fee or
Cess or other charges payable on the quarried or mined metal, minerals, or
minor minerals, as the case may be, at the rate(s) prevailing as on seven (7)
days prior to the deadline set for submission of bids.
26.4.1 It shall be the responsibility of the Contractor to ensure that the Royalties or
Seigniorage Fee or Cess or other charges on the quarried or mined metal,
minerals or minor minerals are paid to the statutory authorities.
26.4.2 The component of Royalties or Seigniorage Fee or Cess or other charges, if
applicable in a running account bill, shall only be released by the Employer to
the Contractor on submission of the following documents in original:
A) In case the Contractor is the primary license holder of the quarry / mines:
i) Vehicle wise challan / transit permit and proof of payment of royalty,
and
ii) Any other document required as per the relevant Acts/Rules of the
concerned state.
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B) In case the Contractor is the purchaser of soil/earth, sand,
stone/aggregates, metals, minerals or minor minerals:
i) Purchase voucher and vehicle wise challan / transit permit and proof of
payment of royalty, and
ii) Any other document required as per the relevant Acts/Rules of the
concerned state.
26.4.3 Final bill payment shall be released to the Contractor on production of royalty
clearance certificate issued by the concerned statutory authorities for total
quantity of quarried or mined metal, minerals, or minor minerals required for
the W orks.
26.4.4 The Contractor shall pay and indemnify the Employer against any default in
payment of Royalties or Seigniorage Fee or Cess or other charges by the
Contractor or the agency from which the Contractor purchases soil/earth,
sand, stone/aggregates, metals, minerals or minor minerals.
26.4.5 In the event of there being a statutory increase in the rates of royalty
charges/fresh levy of royalty on materials, the same shall be reimbursed to the
Contractor upon submission of original challan by him of having made the
payments at revised rates. In the event of there being a decrease in such
rates, the same shall be recovered from the Contractor. The base date for
calculating the increase or decrease shall be the rate as on seven (7) days
prior to the date of Techno-Commercial bid opening. The total reimbursement
(positive or negative) as specified above, to be paid or recovered, shall
however be calculated on the quantity of materials actually considered while
making the royalty payments to the concerned authorities, or the theoretical
consumption of these materials (calculated on the basis of the volume of
concrete or fill accepted for payment), whichever is less, and on the basis of
documentary evidence of Govt. Notification. However, the Contractor will
settle claims, if any, on account of over charge by the State Authorities.
26.5 If a new tax, duty or levy is imposed under statute or law in India after the
date seven (7) days prior to deadline set for submission of the bids and the
Contractor becomes liable there under to pay and actually pays the said new
tax, duty or levy for bonafide use on the Works contracted, the same shall be
reimbursed to the Contractor against documentary evidence of proof of
payment, provided that the amount thus claimed is not paid/payable under
price variation provision of the Contract.
26.6 The payment/reimbursement of statutory variations in the rates of tax and/or
of new tax, duty or levy imposed under statute or law in India as per GCC
Sub-Clauses 26.2, 26.3, 26.4 and 26.5 above, would be restricted only to
direct transactions between the Employer and the Contractor.
26.7 The Employer shall be entitled to make necessary tax deductions at source as
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per the prevalent laws. The Contractor shall be required to submit the PAN
details to the Engineer-in-Charge before the submission of the first bill/
invoice under the Contract.
26.8 The Contractor shall himself be informed of all the applicable laws,
notifications, rules, circulars and other communications of the State or Central
or other authorities with regard to levy of any tax, duty, cess, levy or fee etc,
which in any manner may impinge upon him in performance of any
obligations/responsibilities under or arising out of the Contract.
27. Overpayments and Underpayments
27.1 Wherever any claim for the payment of a sum of money to the Employer arises
out of or under this Contract against the Contractor, the Contractor upon
demand by the Employer or by the Engineer-in-Charge on behalf of the
Employer, with explanation of the reasons for such a sum/ claim becoming
due, shall forthwith pay the same to the Employer. If the Contractor fails to do
so within twenty-one (21) days of such a claim, then the same may be
deducted by the Employer from any sum then due or which at any time
thereafter may become due to the Contractor under this Contract or from any
other sum due to the Contractor from the Employer which may be available
with the Employer or from his security deposit.
27.2 The Employer reserves the right to carry out post payment audit and technical
examination of the final bill including all supporting vouchers, abstracts, etc.
The Employer further reserves the right to enforce and recover any
overpayment when detected, notwithstanding the fact that the amount of the
final bill may include any item which is under dispute between the parties and
referred to for settlement under GCC Clause entitled ‘Settlement of Disputes’
and notwithstanding the fact that the amount of the final bill figures in the
arbitration decision/award.
27.3 If as a result of such audit and technical examination, any overpayment is
discovered in respect of any W ork done by the Contractor or alleged to have
been done by him under the Contract, it shall be recovered by the Employer
from the Contractor by any or all of the methods prescribed above. Similarly, if
any underpayment is discovered by the Employer, the amount shall be duly
paid to the Contractor by the Employer forthwith.
27.4 Provided that the aforesaid right of the Employer to adjust overpayments
against amounts due to the Contractor under any other Contract with the
Employer shall not extend beyond the period of two years from the date of
payment of the final bill or in case the final bill is a minus bill, from the date
the amount payable by the Contractor under the minus final bill is
communicated to the Contractor.
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27.5 Any amount due to the Contractor under this Contract for underpayment may
also be adjusted against any amount then due or which may at any time
thereafter become due from the Employer to the Contractor under any other
Contract or account whatsoever.
28. Time Limit for submission & payment of Final Bill and waiver of rights of
all claims
28.1 The final bill shall be submitted by the Contractor within three (3) months of
physical completion of the Works unless otherwise a longer period is agreed
to between the Engineer-in-Charge and the Contractor. 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. Payment of the final bill will
be made within four (4) months of receipt of the same.
D. EXECUTION OF F ACILITIES
29. Work Commencement, Execution & Delays
29.1 Commencement of Works
The execution of the Works shall commence from the 14
th
day after the date
on which the Engineer-in-Charge issues written orders to commence the W ork,
unless otherwise stated elsewhere in the Contract.
29.2 Time for Completion
The entire scope of Work covered under this Contract shall be completed
within the time stated in SCC or within such extended time granted to the
Contractor by the Employer under the provisions of GCC Sub-Clause 29.5.
The time allowed for execution of the Works as specified in the SCC or the
extended time in accordance with these Conditions shall be the essence of the
Contract.
29.3 Work Progress
29.3.1 Unless already incorporated in the Letter of Award, as soon as possible after
the Contract is awarded, the Engineer-in-Charge and the Contractor shall
agree upon a W ork Schedule which will become the Contract Work Schedule.
The Work Schedule shall be prepared in direct relation to the time stated in
the Contract documents for the completion of the Works. The W ork Schedule
shall indicate the forecast of the dates of commencement and completion of
various trades or sections of work.
29.3.2 All the Contractor’s activities shall be performed and completed strictly in
accordance with the agreed Work Schedule and to achieve the targets, the
Contractor shall have to plan adequate mobilisation of all resources. The
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Engineer-in-Charge, shall however, have the right to review the progress and
modify the sequence of carrying out the Work suiting the Site conditions and
the Contractor shall be required to comply with such modifications and
complete his activities in accordance thereof without any extra cost to the
Employer.
29.3.3 Maintenance of Records of Weekly Progress Review Meetings at Site
The Contractor shall be required to attend all weekly site progress review
meetings organized by the 'Project Manager' or his authorised representative.
The deliberations in the meetings shall inter alia include the weekly program,
progress of work (including details of manpower, tools and plants deployed by
the contractor vis-a-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 GCC Clause 29.5 with or without LD, determining
the compensation amount pursuant to GCC Clause 29.6 and settlement of
extra claims during the execution of contract:
1. The joint recordings in the weekly review meetings register
2. Records of Technical Coordination Meetings
3. Records of Contract Review Meetings
4. Written notices issued by the "Engineer in Charge" or his authorized
representative to contractor in the relevant period.
29.4 Contract Coordination Procedures, Coordination Meetings & Progress
Reporting
29.4.1 The Contractor shall prepare and finalise in consultation with the Engineer-in-
Charge, a detailed contract coordination procedure within twenty-eight (28)
days from the date of issue of Letter of Award, for the purpose of execution of
the Contract.
29.4.2 The Contractor shall have to attend all the meetings at his own cost with
Engineer-in-Charge or any authorised representative of the Employer during
the currency of the Contract, as and when required and fully cooperate with
such persons and agencies involved during these discussions.
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29.4.3 During the execution of the Work, the Contractor shall submit at his own cost
a detailed monthly progress report to the Engineer-in-Charge in three copies,
latest by 14
th
of every month.
29.5 Extension of Time for Completion
29.5.1 The Time for Completion specified shall be extended if the Contractor is
delayed or impeded in the performance of any of the obligations under the
Contract by reason of any of the following:
a) any occurrence of Force majeure as provided in GCC Clause entitled
‘Force Majeure’, or
b) Work Schedules for beyond deviation limits & Extra Items as provided in
GCC Sub-Clause 49.5, or
c) any default or breach of the Contract by the Employer, or delay on the
part of other contractors engaged by the Employer in executing work not
forming part of this Contract, or
d) any suspension order given by the Employer under GCC Sub-Clauses
50.1 (ii) and 50.1 (iii), or
e) Any other sufficient cause which, in the opinion of the Engineer-in-
Charge, is beyond the Contractor’s reasonable control;
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 Contactor.
29.5.2 Except where otherwise specifically provided in the Contract, the Contractor
shall submit to the Employer a notice in writing 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, but no later than
twenty-eight (28) days after the commencement of such event or
circumstance. As soon as reasonably practicable, after the receipt of such
notice and supporting particulars of the claim, the Employer shall give a fair
and reasonable extension of time for completion of Work. Such extension shall
be communicated to the Contractor by the Engineer-in-Charge in writing,
within fifty-six (56) days of the date of receipt of such request by the
Engineer-in-Charge.
29.5.3 The Contractor shall at all times use his reasonable efforts to minimise any
delay in the performance of his obligations under the Contract.
29.5.4 The compensations, if any, payable to the Contractor on account of any one or
more of the above reasons of delay have been separately dealt with under
relevant provisions of the Contract.
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29.6 Liquidated Damages for Delay
29.6.1 If the Contractor fails to complete the Work on or before the scheduled or
extended date of completion as per GCC Sub-Clauses 29.2 and 29.5, he shall,
without prejudice to any other right or remedy of the Employer, arising out of
the Contract on account of such delay, be liable for payment of liquidated
damages, not as penalty, as per provisions of SCC Clause entitled ‘Liquidated
Damages for Delay’.
29.6.2 The following documents shall form the principal basis for consideration of
Extension of Time for Completion pursuant to GCC Sub-Clause 29.5 with or
without Liquidated Damages and determining the compensation amount
pursuant to GCC Sub-Clause 29.6.
1. The joint recordings in the periodic meeting register,
2. Records of Technical Coordination meetings,
3. Records of Contract Review meetings,
4. Written notices issued by the Employer and/or the Engineer-in-Charge
or his authorized representative to the Contractor in the relevant period.
5. Written requests/ notices by the Contractor to Employer/ Engineer-in-
Charge in the relevant period.
29.7 Delays by Employer or his Authorised Representative
29.7.1 In case the Contractor's performance is delayed due to any act of omission on
the part of the Employer or his authorised representative, then the Contractor
shall be given appropriate extension of time for the completion of the Works,
to the extent such omission on the part of the Employer has caused delay in
the Contractor's performance of his work. Regarding reasonableness or
otherwise of the extension of time, the decision of the Engineer-in-Charge
shall be final.
29.7.2 If such delays by the Employer have resulted in any increase in the cost to the
Contractor, the Contractor shall be eligible to claim demonstrable and
reasonable costs supported by full details of such increased costs incurred by
him with all documentary evidence. The Employer shall examine the
justification for such a request for claim and if satisfied, the extent of
compensation shall be mutually agreed depending upon the circumstances at
the time of such an occurrence.
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30. Sub Contracts
30.1 After the award of the Contract, the Contractor shall not subcontract the
Works/ any part of the W orks without the prior written consent of the Engineer-
in-Charge. Any such consent shall not relieve the Contractor from any liability
or obligation under the Contract and he shall be responsible for the acts,
defaults and neglects of any Sub-Contractor, his agents, servants or workmen
as fully as if they were the acts, defaults or neglects of the Contractor, his
agents, servants or workmen.
Provided that the Contractor shall not be required to obtain such consent for:
a) the provision of labour,
b) the purchase of materials which are in accordance with the standards
specified in the Contract, or
c) the subcontracting of any part of the Works for which the sub-contractor
is named in the Contract.
In the event of the Contractor proposing a sub-contractor for any part of the
Works after the award of the Contract, he shall be required to take approval
from the Engineer-in-Charge. If the Engineer-in-Charge approves of the same,
he shall stipulate qualifying requirements for the sub-contractors to perform
the specified part of W ork. The Contractor will then submit the requisite
credentials of the agency(ies) he proposes to engage. The details so furnished
by the Contractor shall be reviewed by the Employer. In case the agency(ies)
proposed by the Contractor for the subcontracting are not considered
acceptable, the Contractor will be required to furnish credentials of alternate
agency(ies) for approval of Engineer-in-Charge. Based on the review and
assessment, the agency(ies) shall be approved by the Engineer-in-Charge
within twenty-one (21) days of furnishing of credentials by the Contractor.
30.2 Where a list of approved agencies for a sub-contracting work is provided in
the Contract, the Contractor shall inform the name of the sub-contractor
selected by him within a period as agreed with the Engineer-in-Charge,
however not later than twenty-eight (28) days of the date of such selection.
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31. Setting out the Works
31.1 The Engineer-in-Charge shall supply dimensioned drawings, levels and other
information necessary to enable the Contractor to set out the W orks and the
Contractor shall set out the W orks and be responsible for the accuracy of the
same. He shall amend at his own cost and to the satisfaction of the
Engineer-in-Charge any error found at any stage which may arise through
inaccurate setting out unless such error is based on incorrect data furnished in
writing by the Engineer-in-Charge, in which case the cost of rectification shall
be borne by the Employer. The Contractor shall protect and preserve all bench
marks used in setting out the Works till date of submission of final bill under
the Contract, unless the Engineer-in-Charge directs otherwise.
32. Methodology of Construction & Equipment Mobilisation
32.1 Methodology of construction and the work plan adopted by Contractor shall
match the construction methodology/requirements specified in Technical
Specifications.
32.2 The suggested minimum plant & equipment and machinery to be deployed by
the Contractor for the execution of W ork shall be as given in Technical
Specifications.
32.3 The Contractor shall arrange at his own expense all tools, plant and
equipment including Crane(s) (hereinafter referred to as T&P) required for
execution of the work.
32.3.1 If the Contractor requires any item of T & P on hire from the Employer, the
Employer will, if such item is available, hire it to the Contractor at an hourly
rate to be fixed by the Engineer-in-Charge.
32.3.2 The T&P shall be given to the Contractor on hire by the Employer for a period
of one hour or its multiple thereof. In case the T&P is hired by the Contractor
for a period of four hours or less, the hire charges applicable for a minimum
period of four hours shall be recovered from the Contractor’s bills. In case the
T&P is hired by the Contractor for a period exceeding four hours, the hire
charges shall be calculated based on the charges applicable as per hourly
rate. The hire charges in respect of T&P given on hire to the Contractor by the
Employer shall be recovered from the Contractor’s bills.
32.3.3 For accounting purpose, total working hours shall be considered to be the
period between time of placement of T&P to the Contractor at the requested
location and time of release of the same. This shall be logged in Record Book
on daily basis and shall be signed between Contractor/ Subcontractor and the
Engineer-in-charge or his authorised representative. In case the T&P issued to
the Contractor is not owned by the Employer but hired from another agency,
the authorised representative of the agency providing the T&P will also sign
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the said Record Book. In case the Contractor contests correctness of any
entry and/or fails to sign the Record Book the decision of the Engineer-in-
Charge shall be final and binding on him. Hire charges shall be calculated in
accordance with the entries in the Record Book.
32.3.4 The Contractor will be exempted from levy of any charges for the number of
days he is called upon in writing by the Engineer - in- Charge to suspend
execution of the work, provided Employer’s T & P/ T&P hired by the Employer
in question has, in fact, remained idle with the Contractor because of the
suspension, provided the Contractor, in case the period of suspension
exceeds 11 days, returns Employer’s T & P/ T&P hired by the Employer to the
place from where it was issued.
32.3.5.1 T&P owned by Employer
The hire charges will cover financing cost, charges of crew, depreciation,
stores for maintenance and cleaning purposes and fuel needed to start a
machine at the time of issue. All other charges such as cost of fuel for running
a machine, engine oil, kerosene oil, etc., for working Employer’s T&P, and all
unskilled labour and water required for servicing/wash out shall be borne by
the Contractor. The Contractor shall permit the Engineer-in-Charge to carry
out periodical maintenance of Employer’s T&P in accordance with the
provision there for in the aforesaid Schedule, and there will be no deduction in
hire charges for the period spent on such maintenance.
However, the Contractor shall be allowed to return the tools and plants (issued
by the Employer) for purposes of repairs and for the duration of such repairs
no hire charges shall, be levied.
The Contractor shall be responsible for care and custody of Employer’s T&P
(including employment of chowkidars) during the period Employer’s T&P
remain with him and any damage (fair wear and tear excepted) to any of the
equipment(except for Excepted Risks provided always the Contractor has
taken precautions necessary to protect it from such risks) shall be made good
at the Contractor’s expense to the satisfaction of the Engineer-in-Charge
unless such damage is caused because of negligence of crew provided by the
Employer.
32.3.5.2 T&P hired by the Employer
The hourly hiring rate for T&P hired by the Employer from another agency and
issued to Contractor shall be all inclusive rate including the cost of hiring,
operation & maintenance charges, fuel charges and other charges.
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32.3.6 The Employer gives no guarantee in respect of output of T & P hired to the
Contractor and no reduction in rates or any compensation shall be allowed on
the ground that out turn or performance of Employer’s T & P/ T&P hired by the
Employer was not to the Contractor’s expectation.
32.3.7 The T&P hired to the Contractor shall be returned at the place of issue by the
Contractor to the Engineer-in-Charge (unless otherwise directed) on execution
of the work or section of the work at the end of the day. In case the T&P is
used by the Contractor in continuation of previous requisition and the crane
has not moved out of his work area, then the movement of crane for fresh
requisition(s) by the Contractor within his work area shall be to the
Contractor’s account.
32.3.8 The Employer shall be entitled to terminate the hire without assigning any
reason whatsoever and the Contractor shall have no claim to any payment of
compensation or otherwise whatsoever on account of termination of hire of
T&P issued by the Employer. On termination of the hire by the Employer, the
Contractor shall return the T&P at the place of issue unless otherwise directed
by the Engineer-in-Charge.
32.4. The Contractor shall arrange at his own expense all tools, plant and
equipment including Crane(s) (hereinafter referred to as T&P) required for
execution of the work.
32.4.1 If the Contractor requires any item of T&P on hire from the Corporation, the
corporation will, if such item is available, hire it to the Contractor at an hourly
rate to be fixed by the Engineer-in-Charge.
32.4.2 The T&P shall be given to the Contractor on hire by the Corporation for a
period of one hour or its multiple thereof. In case the T&P is hired by the
Contractor for a period of four hours or less, the hire charges applicable for a
minimum period of four hours shall be recovered from the Contractor’s bills. In
case the T&P is hired by the Contractor for a period exceeding four hours, the
hire charges shall be calculated based on the charges applicable as per hourly
rate. The hire charges in respect of T&P given on hire to the Contractor by the
Corporation shall be recovered from the Contractor’s bills.
32.4.3 For accounting purpose, total working hours shall be considered to be the
period between time of placement of T&P to the Contractor at the requested
location and time of release of the same. This shall be logged in Record Book
on daily basis and shall be signed between Contractor/ Subcontractor and the
Engineer-in-charge or his authorised representative. In case the T&P issued to
the Contractor is not owned by the Corporation but hired from another agency,
the authorised representative of the agency providing the T&P will also sign
the said Record Book. In case the Contractor contests correctness of any
entry and/or fails to sign the Record Book the decision of the Engineer-in-
Charge shall be final and binding on him. Hire charges shall be calculated in
accordance with the entries in the Record Book.
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32.4.4 The Contractor will be exempted from levy of any charges for the number of
days he is called upon in writing by the Engineer-in-Charge to suspend
execution of the work, provided Corporation’s T&P/T&P hired by the
Corporation in question has, in fact, remained idle with the Contractor
because of the suspension, provided the Contractor, in case the period of
suspension exceeds 11 days, returns Corporation’s T&P/T&P hired by the
Corporation to the place from where it was issued.
33. Patent Indemnity
33.1 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, 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 in the performance of the Contract.
33.2 In the event of any claim being made or action being brought against the
Employer or its representatives or its employees, in respect of any such
matters as aforesaid, the Contractor shall immediately be notified thereof.
However, such indemnity shall not apply when such infringement has taken
place in complying with the specific directions issued by the Employer; but the
Contractor shall pay any royalties or other charges payable in respect of any
such use, the amount so paid being reimbursed to the Contractor only if the
use was as a result of any drawings and/or specifications issued after the
award of Contract by the Employer, provided further that the Contractor has
brought to the notice of the Engineer-in-Charge, of such infringement
immediately upon the instructions of the Engineer-in-Charge or upon the
Contractor becoming aware of such infringement.
34. Materials for the performance of the Contract
(a) Materials to be provided by the Contractor
1. The Contractor shall at his own expense, provide all materials
required for the Works other than those which are to be issued by
the Employer.
2. All materials to be provided by the Contractor shall be in
conformity with the specifications laid down in the Contract and
the Contractor shall, if requested by the Engineer-in-Charge,
furnish proof to the satisfaction of Engineer-in-Charge that the
materials so comply.
3. Wherever required by the Engineer-in-Charge, the Contractor
shall, at his own expense and without delay, provide samples of
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materials proposed to be used in the Works. The Engineer-in-
Charge shall within seven (7) days thereafter 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 for fresh
samples complying with the Technical specifications laid down in
the Contract, for approval.
4. The Engineer-in-Charge shall have full powers to require removal
of any or all of the materials brought to site by the Contractor
which are not in accordance with the Contract specifications or
do not conform in character or quality to samples approved by
him. In case of default on the part of the Contractor in removing
rejected materials, the Engineer-in-Charge shall be at liberty to
have them removed by other means. The Engineer-in-Charge
shall have full powers to order the Contractor to provide other
proper materials to be substituted for rejected materials and in
the event of the Contractor refusing to comply, he may cause the
same to be supplied by other means. All costs, which may attend
upon such removal and/or substitution, shall be borne by the
Contractor.
5. The Engineer-in-Charge shall be entitled to have tests carried out
as specified in the Contract for any materials supplied by the
Contractor other than those for which, as stated above,
satisfactory proof has already been furnished, at the cost of the
Contractor and the Contractor shall provide at his expense all
facilities which the Engineer-in-Charge may reasonably require
for the purpose. If no tests are specified in the Contract, and
such tests are required by the Engineer-in-Charge, the Contractor
shall provide all facilities required for the purpose and the
charges for these tests including the cost of materials
consumed/used in such tests shall be to the account of Employer,
except if the tests disclose that the said materials are not in
accordance with the provision of the Contract, then the same
shall be to the account of the Contractor.
6. The Contractor shall indemnify the Employer, its representatives
or its employees 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 or other
charges which may be payable in respect of any article or
material or part thereof included in the Contract. In the event of
any claim being made or action being brought against the
Employer or its representatives or its employees, in respect of
any such matters as aforesaid, the Contractor shall immediately
be notified thereof. However, such indemnity shall not apply when
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such infringement has taken place in complying with the specific
directions issued by the Employer; but the Contractor shall pay
any royalties or other charges payable in respect of any such
use, the amount so paid being reimbursed to the Contractor only
if the use was as a result of any drawings and/or specifications
issued after the award of Contract by the Employer, provided
further that the Contractor has brought to the notice of the
Engineer-in-Charge, of such infringement immediately upon the
instructions of the Engineer-in-Charge or upon the Contractor
becoming aware of such infringement.
7. Subject as hereinafter provided in GCC Clause entitled ‘Contract
Price Adjustment’ all charges on account of G S T and oth er
levies/octroi on materials obtained for the W orks from any source
(excluding materials issued by the Employer) shall be borne by
the Contractor.
(b) Materials to be issued by the Employer:
(i) Materials to be issued by the Employer free of cost
The Employer, if so stipulated in SCC, may issue cement,
reinforcement steel and structural steel to the Contractor free of
cost for incorporation in the Works as per the terms and
conditions specified in the SCC/Technical Specifications.
(ii) Materials to be issued by the Employer on chargeable basis
If after the award of the Contract, the Contractor desires the
Employer to issue/supply any other materials, for the purposes of
the Contract such materials may be issued by the Employer, if
available, at rates and terms and conditions to be fixed by the
Engineer-in-Charge. The Employer reserves the right not to issue
any such materials. The non-issue of such materials will not
entitle the Contractor for any compensation whatsoever either in
time or in cost.
(c) General:
1. Materials required for the Works, whether brought by the
Contractor or issued by the Employer, shall be stored by the
Contractor only at places approved by the Engineer-in-Charge.
Storage and safe custody of material shall be the responsibility of
the Contractor.
2. Engineer-in-Charge shall be entitled at any time to inspect and
examine any materials intended to be used in or on the Works,
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either on the Site or at factory or workshop or other place(s)
where such materials are assembled, fabricated, manufactured or
at any place(s) where these are lying or from which these are
being obtained and the Contractor shall give such facilities as
may be reasonably required for such inspection and examination.
3. All materials brought to the Site shall not be removed off the Site
without the prior written approval of the Engineer-in-Charge. But
whenever the Works are finally completed and advance, if any, in
respect of any such material is fully recovered, the Contractor
shall at his own expense forthwith remove from the Site all
surplus material originally supplied by him.
4. The Employer may issue all the materials agreed to be issued to
the Contractor under the Contract, at its site stores, or nearest
railhead. In case the materials are issued at the nearest rail
head, the cost of transportation only, from such rail head to the
Site will be borne by the Employer, subject to the reasonableness
of such transportation cost being certified by the Engineer-in-
Charge. All other costs such as loading, unloading, transportation
to Contractor’s godown, storage etc. till the materials are
incorporated in the Works or returned to the Employer shall be to
the account of the Contractor.
5. All materials issued to the Contractor, by the Employer for
incorporation or fixing in the W orks (including preparatory work)
shall, on completion or on termination of the Contract, be
returned by the Contractor at his expense, at the Employer’s
store, after making due allowance for actual consumption,
reasonable wear and tear and/or waste. If the Contractor is
required to deliver such materials at a place other than the
Employer’s store, he shall do so and the transportation charges
from the Site to such place, less the transportation charges which
would have been incurred by the Contractor, had such materials
been delivered at the Employer’s store, shall be borne by the
Employer.
35. Quality Assurance Programme
35.1 Sampling, testing and quality assurance requirements are given in Technical
Specifications.
35.2 All costs associated with testing of materials required as per Technical
Specifications shall be deemed to be included in Contract rates/prices in the
Schedule of Quantities.
36. Inspection and Approval
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36.1 All Works embracing more than one process shall be subject to examination
and approval at each stage thereof and the Contractor shall give due notice to
the Engineer-in-Charge or his authorised representative when each stage is
ready. In default of such notice, the Engineer-in-Charge shall be entitled to
appraise the quality and extent thereof.
36.2 No work shall be covered up or put out of view without the approval of the
Engineer-in-Charge or his authorised representative and the Contractor shall
provide full opportunity for examination and measurement of any work which is
about to be covered up or put out of view and for examination of foundations
before further work is placed thereon. The Contractor shall give due notice to
the Engineer-in-Charge or his authorised representative whenever any such
work or foundation is ready for examination and the Engineer-in-Charge or his
representative shall without unreasonable delay, unless he considers it
unnecessary and advises the Contractor accordingly’ attend for the purpose of
examining and measuring such work or of examining such foundations. In the
event of the failure of the Contractor to give such notice he shall, if required
by the Engineer-in-Charge, uncover such work at his own expense.
36.3 The Engineer-in-Charge or his authorised representative shall have powers at
any time to inspect and examine any part of the Works and the Contractor
shall give such facilities as may be reasonably required for such inspection
and examination.
36.4 The Contractor shall uncover any part of the Works and/or make openings in
or through the same as the Engineer-in-Charge may from time to time direct
for his verification and shall reinstate and make good such part to the satisf-
action of the Engineer-in-Charge. If any such part has been covered up or put
out of view after being approved by the Engineer-in-Charge and is
subsequently found on uncovering to have been executed in accordance with
the Contract, the expenses of uncovering and/or making opening in or
through, reinstating and making good the same shall be borne by the
Employer. In any other case all such expenses shall be borne by the
Contractor.
36.5 The additional & specific inspection and approval requirements in respect of
the W orks are detailed further in the Technical Specifications.
37. Records and Measurement
37.1 The Engineer-in-Charge shall, except as otherwise stated, ascertain and
determine by measurement the value of the Work done in accordance with the
Contract.
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37.2 All items having a financial value shall be entered in Measurement Book, level
book, etc. prescribed by the Engineer-in-Charge so that a complete record is
obtained of all W ork performed under the Contract.
37.3 Measurements shall be taken jointly by the Engineer-in-Charge or his
authorised representative and the Contractor or his authorised representative.
37.4 Before taking measurements of any Work the Engineer-in-Charge or his
authorised representative for the purpose shall give a reasonable notice to the
Contractor. If the Contractor fails to attend or send his authorised
representative for taking the measurements after such a notice or fails to
countersign or to record the objection, if any, within a week from the date of
measurement, then in any such event measurements taken by the Engineer-in-
Charge or his authorised representative shall be taken to be correct
measurements of the Work.
37.5 The Contractor shall, without extra charge, provide assistance with every
appliance, labour etc. necessary for taking measurements.
37.6 Measurements shall be signed and dated by both parties each day on the Site
on completion of measurement. If the Contractor objects to any of the
measurements recorded, a note to that effect shall be made in the
Measurement Book against the item objected to and such note shall be signed
and dated by both parties engaged in taking the measurement. The decision of
the Engineer-in-Charge on any such dispute or difference or interpretation
shall be final and binding on both the parties and shall be beyond the scope of
the provisions of settlement of disputes under the Contract.
38. Methods of Measurement
38.1 Measurement of Contract items of Work shall be taken in accordance with
method of Measurement stipulated in the Technical Specifications/Schedule of
Quantities. In case of extra items, the Engineer-in-Charge shall also specify
the method of measurement for such items at the time of his order for
execution of such extra items.
38.2 In case no method of measurement is stipulated in Technical Specifications/
Schedule of Quantities/ Order of the Engineer-in-Charge, then the Method of
Measurement of such items shall be as per the relevant Standard Method of
Measurement issued by Indian Standards Institution or general industry
practice/ local custom.
39. Temporary / Enabling Works
39.1 The siting and nature of all offices, access road to the work areas, access
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tracks to work areas, sumps, and all other Temporary / Enabling Works as
may be required for the proper execution of the W orks shall be subject to the
approval of the Engineer-in-Charge. These Works shall be executed by the
Contractor at his own cost. Hard crusting for pre-assembly/fabrication yard
shall be in line with Technical Specifications.
39.2 All equipment, labour, materials including cement, reinforcement and the
structural steel required for the Enabling Works associated with the entire
Contract shall have to be arranged by the Contractor only. Nothing extra shall
be paid to the Contractor on this account and the unit rates quoted by the
Contractor on this account and the unit rates quoted by the Contractor for
various items in the Schedule of Quantities shall be deemed to include the
cost of Enabling W orks.
39.3 However, for fabrication yard or for fabrication of structural steel, if any, hard
crusting made with compacted filling using broken hard stone aggregate with
binding material shall be measured and paid under relevant item of stone
aggregate filling with binding material as specified in Technical Specifications
and Schedule of Quantities.
The maximum area of hard crusting that will be paid is limited to consecutive
three (3) month peak fabrication quantity in M.T. indicated in the Work
Schedule multiplied by 3.5 sq. m per M.T. The hard crusting area arrived as
above shall be further subject to availability of appropriate area in the general
layout plan and approval of the Engineer-in-Charge.
Further development of fabrication and assembly bed, power distribution
points, cable laying, drains, additional area of hard crusting over and above
area stipulated etc., shall be done by the Contractor, at his own cost.
39.4 The Contractor shall make his own arrangement for approach to the work Site,
including borrow / disposal area and for movement of men, machinery, other
requirement etc. required for carrying out the W ork included under this
Contract.
40. Urgent Works
40.1 If any Urgent W ork becomes necessary and the Contractor is unable or
unwilling at once to carry it out, the Engineer-in-Charge may by his own or
other means, carry it out as he may consider necessary. If the Urgent Work
shall be such as the Contractor is liable under the Contract to carry out at his
expenses all expenses, incurred on it by the Employer shall be recoverable
from the Contractor and be adjusted or set off against any sum payable to
him.
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41. Construction Power and Construction Water Supply and Staff / Labour
Colony
Unless otherwise stated in SCC, the provisions for Construction Power and
Construction W ater Supply and Staff / Labour Colony shall be as under:
41.1.1 The Contractor shall advise the Engineer-in-Charge, within twenty-eight (28)
days from the date of acceptance of the Letter of Award, about his exact
requirement of space for his office, storage area, preassembly and fabrication
areas, labour and staff colony area (land if available), etc. The above
requirement shall be reviewed by the Engineer-in-Charge and space as
decided by him will be allotted for his use as well as his Sub-Contractor's use.
41.1.2 On completion of Work, the Contractor shall handover the land duly cleaned to
the Engineer-in-Charge. Until and unless the Contractor has handed over the
vacant possession of land allotted to him for the above purpose, the payment
of his final bill shall not be made. The Contractor shall be made liable to pay
for the use and occupation at the rates to be determined by the Engineer-in-
Charge if the Contractor overstays in the land after the Contract is completed.
41.1.3 The Contractor shall submit to the Engineer-in-Charge within twenty-eight (28)
days from the date of acceptance of the Letter of Award, his electrical power
requirements, if any, to allow the planning of the same by the Engineer-in-
Charge. The Contractor shall be provided with free supply of electricity for the
purposes of the Contract only, at two convenient locations in the Site. The
Contractor shall make his own further distribution arrangement. All temporary
wiring must comply with local regulations and will be subject to Engineer-in-
Charge's inspection and approval before connection to supply. The free supply
of power will not be provided for the use in the labour and staff colony. Power
supply for labour and staff colony shall be provided at one point. It shall be
the responsibility of the Contractor to take the power supply upto the point of
his use. The Contractor shall be charged for power supply to labour and staff
colony at rates prevalent as per the tariff of the electricity distribution entity at
the Site.
The Engineer-in-Charge may consider additional points of power supply in
deserving and exceptional cases.
41.1.4 The Employer does not guarantee uninterrupted power supply.
41.1.5 The Contractor shall arrange for drinking water to his workmen/staff at Work
Site and other water supply for all purposes for his labour and other personnel
at the worksite / colony on his own. The quality of water should meet the
requirements for which it is proposed to be used. All Civil and Structural Work
associated with the above including borings, pipe lines, valves, pumps, tube
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wells, pump house, underground storage tank, over ground storage tank,
water tankers etc., whatsoever required for taking the water from the
underground source or any other source to the place of use shall be provided /
erected/ constructed / maintained by the Contractor at his own cost.
41.1.6 The Contractor shall not be entitled to any compensation on account of the
expenditure incurred in arranging the construction water.
41.2 Supply of Unfiltered Water for Construction Purposes only
41.2.1 Unless otherwise stated in SCC, the Contractor shall draw water from the
water supply mains provided in the project at suitable points to be indicated by
the Engineer-in-Charge. All pipe lines, pumps and other accessories required
for taking the water from the mains to the site of W ork shall be provided by the
Contractor at his own cost. He shall not be entitled to any payment on account
of the expenditure incurred in providing the pipe lines, pumps, etc. No charges
will be levied on the Contractor for the water drawn by him for the purpose of
the construction work. Should the water, however, be used for either the
colony or for manufacture, always subject to prior written permission of the
Engineer-in-Charge, the same shall be chargeable at a rate to be fixed by him
whose decision in this regard shall be final. However, the water supply shall
have to be taken through a metered connection.
41.2.2 The Employer does not guarantee the maintenance of uninterrupted supply of
water and in case of any interruptions of such supply of water; the Contractor
shall be responsible for making at his own cost alternative arrangements for
water. The Engineer-in-Charge also reserves the right to limit the quantity of
water to be allowed to be drawn by the Contractor.
41.2.3 No claim for damages will be entertained by the Employer on account of
interruption of water supply or limitation of quantity of water as aforesaid or on
account of the water so supplied being not fit for construction purposes or on
any other account in connection with such water supply.
41.2.4 It will be the responsibility of the Contractor to adequately treat the water at
his cost before use for the intended purpose.
41.2.5 Where the Contractor makes his own arrangements for water required for the
Work, nothing extra shall be paid for the same. He should make arrangements
for storage of sufficient quantity of water required for at least a day's work.
41.3 The contractor shall arrange for construction water from underground/local
sources. All borings, pipe lines, pumps, water tankers, underground storage
tank, over-ground storage tank, etc, whatsoever required for taking the water
from the underground source to the site of work shall be provided / erected /
constructed / maintained by the contractor at his own cost.
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41.4 The Contractor shall not be entitled to any compensation on account of the
expenditure incurred in arranging the construction water.
41.5 Contractor shall make the arrangement for construction power at his own cost.
However, NTPC may provide construction power as per site availability on
chargeable basis, but the Contractor shall not be entitled to any compensation
on account of the quality and availability of power from NTPC.
41.6 The contractor shall make his own arrangement for construction/ rented
premises for labour / staff colony.
42. Site Laboratory
42.1 As part of the Contract, the Contractor shall provide and maintain a site
laboratory for the testing of construction materials under the direction and
general supervision of the Engineer-in-Charge.
42.2 The laboratory building shall be constructed and installed with the appropriate
facilities. Temperature and humidity controls shall be available wherever
necessary during testing of samples.
42.3 All equipments shall be provided by the Contractor so as to be compatible with
the testing requirements specified. The Contractor shall maintain the
equipment in good working condition for the duration of the Contract.
42.4 The Contractor shall provide approved qualified personnel to operate and
maintain the laboratory for the duration of the Contract. The number of staff
and equipment available must at all times be sufficient to keep pace with the
sampling and testing programme as required by the Engineer-in-Charge.
42.5 The Contractor shall fully service the site laboratory and shall supply
everything necessary for its proper functioning, including all transport needed
to move equipment and samples to and from sampling points on the site, etc.
42.6 The Contractor shall re-calibrate all measuring devices whenever so required
by the Engineer-in-Charge and shall submit the results of such measurements
without delay.
43. Completion Certificate
43.1 As soon as the Work is completed, the Contractor shall give notice of such
completion to the Engineer-in-Charge and within eighty-four (84) days of
receipt of such notice the Engineer-in-Charge shall inspect the Work and shall
furnish the Contractor with a certificate of completion indicating (a) date of
completion, (b) defects, if any, in the Work to be rectified by the Contractor
and/or (c) items, if any, for which payment shall be made at reduced rates.
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When separate periods of completion have been specified for items or groups
of items, the Engineer-in-Charge shall issue separate completion certificates
for such item or groups of items. No certificate of completion shall be issued
nor shall the W ork be considered to be complete till the Contractor shall have
removed from the premises on which the W ork has been executed all
scaffolding, sheds and surplus materials (except such as are required for
rectification of defects), and the like to the satisfaction of Engineer-in-Charge.
If the Contractor shall fail to comply with any of the requirement of the
conditions as aforesaid, on or before the date of completion of the Works, the
Engineer-in-Charge may, at the expense of the Contractor fulfil such
requirements and dispose of the scaffoldings, surplus materials and rubbish
etc. as he thinks fit and recover the cost after giving due credit for the realised
amount. The term ‘completion’ used herein means the physical completion of
the W ork and in no way means to connote the quality or time of performance
of the W ork.
43.2 If at any time before completion of the entire W ork, items or groups of items
for which separate periods of completion have been specified, have been
completed, the Engineer-in-Charge can take possession of any part or parts of
the same (any such part(s) being hereinafter in this Condition referred to as
‘the relevant part’) notwithstanding anything expressed or implied elsewhere in
this Contract.
43.3 In case of such taking over of possession by Engineer-in Charge of the said
item or group of items, the following shall govern:
43.3.1 Within twenty-eight (28) days of request by the Contractor, the
Engineer-in-Charge shall issue completion certificate for the relevant part as
in GCC Sub-Clause 43.1 above provided the Contractor fulfils his obligations
under that Condition for the relevant part.
43.3.2 The Defects Liability Period in respect of such items and the relevant part
shall be deemed to have commenced from the certified date of completion of
such items or the relevant part as the case may be.
43.3.3 The Contractor may reduce the value insured under GCC Clause entitled
‘Contractor’s Liability and Insurance’ to the extent of the value of the
completed items or relevant part as estimated by the Engineer-in-Charge and
notified for this purpose. This estimate shall be applicable for this purpose
only and for no other.
43.3.4 For the purposes of ascertaining liquidated damages for delay under GCC
Sub-Clause 29.6 in respect of any period during which the Works are not
complete the relevant part will be deemed to form a separate item or group,
with date of completion as given in the Contract or as extended under GCC
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Sub-Clause 29.2 and actual date of completion as certified by the
Engineer-in-Charge under this Clause.
E. DEFECTS LIABILITY
44. Liability for Damage, Defects or Imperfections and Rectification thereof
44.1 If the Contractor or his workmen or employees shall injure or destroy any part
of the building / structure in which they may be working or any building, road,
fence etc. contiguous to the premises on which the Work or any part of it is
being executed, or if any damage shall happen to the Work while in progress,
the Contractor shall upon receipt of a notice in writing in that behalf make the
same good at his own expense. If it shall appear to the Engineer-in-Charge or
his representative at any time during construction or re-construction or prior to
the expiration of the Defects Liability Period, that any work has been executed
with unsound, imperfect or unskilled workmanship or that any materials or
articles provided by the Contractor for execution of the Work are unsound or
of a quality inferior to that contracted for, or otherwise not in accordance with
the Contract, or that any defect, shrinkage or other faults have appeared in
the Work arising out of defective or improper materials or workmanship, the
Contractor shall, upon receipt of a notice in writing in that behalf from the
Engineer-in-Charge, forthwith rectify or remove and re-construct the work so
specified in whole or in part, as the case may require or as the case may be,
and/or remove the materials or articles so specified and provide other proper
and suitable materials or articles at his own expense, notwithstanding that the
same may have been inadvertently passed, certified and paid for and in the
event of his failing to do so within the period to be specified by the Engineer-
in-Charge in his notice aforesaid, the Engineer-in-Charge may rectify or
remove and re-execute the work and/or remove and replace with others, the
materials or articles complained of, as the case may be, by other means at the
risk and expense of the Contractor.
45. Defects Liability Period
45.1 Unless otherwise specified in the SCC, the Contractor shall be responsible to
make good and remedy at his own expense within such period as may be
stipulated by the Engineer-in-Charge, any defect which may develop or may
be noticed before the expiry of twelve (12) months from the certified date of
completion.
45.1.1 On expiry of the period mentioned as defect liability period (GCC Clause 45), contractor’s
liability ceases except for latent defects. The contractor’s liability for latent defect shall be
limited to a period of five (5) years from the end of Defect liability period for the subject
package. For the purpose of this clause the latent defects shall be the defects inherently
lying within the material or arising out of design deficiency which do not manifest
themselves during the defect liability period but may surface later.
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F. RISK DISTRIBUTION
46. Employer’s and Contractor’s Risks and Insurance
46.1 The Employer carries the risks which this Contract states as Employer’s risks,
and the Contractor carries risks which this Contract states as Contractor’s
risks, under this clause.
46.2 Irrespective of the Employer’s Risks or Contractor’s Risks the Contractor shall
execute the Works as per Contract and as directed by Engineer-in-Charge.
46.3 Employer’s Risks
46.3.1 The ‘Excepted Risks’ are
(1) In so far as they occur in the Union of India and directly affect the
execution of the Works:
(a) war and hostilities (whether war be declared or not), invasion, act
of foreign enemies.
(b) rebellion, revolution, insurrection or military or usurped power or
civil war.
(c) riot, commotion or disorder, unless solely restricted to employees
of the Contractor or of his sub-contractors and arising from the
conduct of the Works;
(d) ionizing radiations, or contamination by radio activity from any
nuclear fuel, or from any nuclear waste from the combustion of
nuclear fuel, radioactive, toxic, explosive, or other hazardous
properties of any explosive, nuclear assembly or nuclear
component;
(e) pressure waves caused by aircraft or other aerial devices
traveling at sonic or supersonic speed;
(f) any operation of the forces of nature, which is unforeseeable or
against which an experienced contractor could not reasonably
have been expected to have taken adequate precautions or
(2) a cause due to the design of the W orks, other than the Contractor’s
design.
46.3.2 In the event of any loss or damage to the Works or any part thereof and/or to
any materials or articles at the Site from out of any occurrence of Excepted
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Risks, the following provisions shall have effect:
(a) The Contractor shall, as may be directed in writing by the Engineer-in-
Charge, remove from the Site any debris and so much of the Works as
shall have been damaged, take the same to the place identified by the
Employer, at the Employer’s cost.
(b) The Contractor shall, as may be directed in writing by the Engineer-in-
Charge, proceed to rectify, repair, reconstruct or replace the damaged
articles, materials and the W orks under and in accordance with the
Conditions of the Contract, at the Employer’s cost.
46.3.3 The Contractor shall not be entitled to payment under the above provisions in
respect of so much loss or damage as has been occasioned by any failure on
his part to perform his obligations under the Contract or not taking precautions
to prevent loss or damage or minimize the amount of such loss or damage.
46.4 Contractor’s Risks
46.4.1 All risks of loss of or damage to the physical property and of personal injury
and death, which arise during and in consequence of the performance of the
Contract, other than those covered under the Excepted Risks, will be the
liability of the Contractor, except as otherwise provided in the Contract.
46.4.2 From commencement to completion of the Works, the Contractor shall take full
responsibility for the care thereof and for taking precautions to prevent loss or
damage and to minimize loss or damage to the greatest extent possible and
shall be liable for any damage or loss that may happen to the Works or any
part thereof from any cause whatsoever (save and except due to Excepted
Risks) and shall at his own cost repair and make good the same so that at
completion, the Works shall be in good order and condition and in conformity
in every respect with the requirements of the Contract and instructions of the
Engineer-in-Charge.
46.4.3 The Contractor shall indemnify and keep indemnified the Employer against all
losses and claims for injuries or damage to any person or any property
whatsoever which may arise out of or in consequence of the construction and
maintenance of the Works and against all claims, demands, proceedings,
damages, costs, charges and expenses whatsoever in respect of or in relation
thereto; Provided always that nothing herein contained shall be deemed to
render the Contractor liable for or in respect of or to indemnify the Employer
against any Compensation or damage caused by any occurrence of the
Excepted Risks.
46.5 Insurance
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46.5.1 Before commencing the execution of the Works, the Contractor shall, without
in any way limiting his obligations and responsibilities under this clause,
indemnify the Employer against any damage/ loss or injury which may occur to
any property or to any person (including any employee of the Employer) by or
arising out of carrying out of the Contract, except due to reasons of ‘Excepted
Risks’.
46.5.2 Towards this end, the Contractor shall arrange adequate insurance coverages, in the joint
names of the Employer and the Contractor, from the date of commencement of the work to
the end of the Defects Liability Period for at-least the following:
(i) loss of or damage to the Works including Employer issued materials;
(ii) loss of or damage to the Contractor’s T&P;
(iii) loss of or damage to the property other than Works including those of third parties;
(iv) injury or death of personnel belonging to the Contractor, the Employer or any other
party.
(v) Worker’s Compensation in accordance with the statutory requirements.
The Contractor shall be compulsorily required to take Contractor’s All Risk Insurance
Policy for all risks except those covered under the Excepted risks with minimal deductible
for the re-execution value of the Works on completion and replacement cost of the
Contractor’s T&P/ Plant & Equipment/ Employer’s free issue materials/ Third party
Property, etc. as mentioned above. For this purpose the re-execution value of the Works
on completion/ replacement cost of the Contractor’s T&P/ Plant & Equipment/ Employer’s
free issue materials/ Third party Property shall include all such expenses, costs, taxes,
duties, levies, royalties, etc. which in case of total loss, the Employer/ Contractor would be
reasonably expected to incur to bring these to the same state as if no damage had
occurred.
The Contractor and Employer shall mutually decide on the insured sum but in no case it
shall be less than the 110% of the value of the Works on completion and Third party
Property and 110% of the cost of Contractor’s T&P/ Plant & Equipment/Employer’s free
issue materials delivered to site including all taxes, duties, levies and royalties etc. and
escalation during the period of re-execution for the Works and delivery of replacement
Contractor’s T&P/ Plant & Equipment/ Employer’s free issue materials to site. However, in
case of any conflict, the Employer’s decision regarding the insured sum shall be final and
binding on the Contractor. The Employer shall be named coinsured in the policy and it
shall include the extended cover at-least for the following:
a) Third Party Liability
b) Cross Liability
c) Earthquake
d) Cost of removal of debris
e) Custom duty as applicable
f) Escalation during re-execution
g) Employer’s surrounding property
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h) Storage risk at Fabricator’s premises as applicable
i) Cost of tools and tackles and material handling equipment used for construction
purposes.
j) War, SRCC & terrorism
46.5.3 Where Employer’s building or a part thereof is rented by the Contractor, he
shall insure the entire building if the building or any part thereof is used by
him for the purpose of storing or using materials of combustible nature as to
which the decision of the Engineer-in-Charge shall be final.
46.5.4 Contractor shall ensure that the insurance coverage of the above policies
include any loss or damage to his Staff, Supervisors, Engineers and others
who are not covered by Workmen Compensation Act. Alternatively, the
Contractor will take suitable additional or separate insurance policies to cover
the same.
46.5.5 All monies payable by the insurers under such policy or policies shall be first
to be paid to the Employer who shall pay to the Contractor in instalments for
the purpose of rebuilding or replacement or repair of the damaged Works,
Contractor’s T&P and/or materials destroyed or damaged as the case may be.
Such payments of monies will be made in a manner that the payments are
commensurate with the progress and cost of the repair, replacement and
reconstruction, as may be and as determined by the Engineer-in-Charge in
consultation with the Contractor.
46.5.6 Policies and certificate for insurance shall be delivered by the Contractor to
the Project Engineer for the Project Engineer’s approval before the date of
commencement of the Works.
46.5.7 If the Contractor has a blanket insurance policy for all his works and the policy
covers all or some of the items to be insured under this Clause, the said policy
shall be assigned by the Contractor in favour of the Employer; provided
however if any amount is payable under the policy by the insurers in respect
of works other than the W ork under this Contract, the same may be recovered
by the Contractor directly from the insurers.
46.5.8 The aforesaid insurance policy/policies shall provide that they shall not be
materially modified/ cancelled till the Engineer-in-Charge has agreed to such
modification or cancellation in writing.
46.5.9 Upon grant of the time extension by the Engineer-in-Charge, it is understood
that the Contractor’s liability of indemnity will be extended suitably without any
further action by the Employer and the Contractor shall promptly furnish
documentary evidence to Engineer-in-Charge towards extension of insurance
policies for the period of time extension.
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46.5.10 The Contractor shall ensure that where applicable, his Sub-Contractor(s) shall
take out and maintain in effect adequate insurance policies for their personnel
and vehicles and for the part of the Works executed by them under the
Contract, unless such Sub-Contractors are covered by the policies taken out
by the Contractor.
46.5.11 If the Contractor and/or his Sub-Contractors (if any) shall fail to effect and
keep in force the insurance coverage, referred to above or any other
insurance which he/they may be required to effect under the terms of the
Contract, then in any such case the Employer may, without being bound to,
effect and keep in force any such insurance coverage and pay such premium
or premiums, as may be necessary for that purpose from time to time and
deduct the amount so paid by the Employer from any monies due or which
may become due to the Contractor or recover the same as a debt due from the
Contractor.
46.5.12 If the Contractor does not provide any of the policies and certificates required,
the Employer, with due notice to the Contractor may effect the insurance
which the Contractor should have provided and recover the premiums, the
Employer has paid from payments otherwise due to the Contractor or, if no
payment is due, the payment of the premiums shall be a debt due from the
Contractor.
47. Force Majeure
47.1 Definition of Force Majeure
47.1.1 “Force Majeure” shall mean any event beyond the control of the Employer or
of the Contractor, as the case may be, (but excluding ‘Excepted Risks’, which
shall be dealt in accordance with GCC Clause entitled “Employer’s Risks”) and
which they could not foresee or with a reasonable amount of diligence could
not have foreseen and which substantially affect the performance of the
Contract.
47.1.2 Notwithstanding the generality of the above, the following events shall be
termed as Force Majeure events in respect of the Contract
(i) terrorist acts,
(ii) confiscation, nationalization, mobilization, commandeering or requisition
by or under the order of any government or de jure or de facto authority
or ruler or any other act of failure to act of any local state or national
government authority,
(iii) national/sectoral/illegal strike, sabotage, lockout, embargo, import
restriction, port congestion, lack of usual means of public transportation
and communication, industrial dispute, shipwreck, epidemics,
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quarantine and plague
47.2 Notice of Force Majeure
47.2.1 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 in writing of the occurrence of such event and the
circumstances thereof within fourteen (14) days after the occurrence of such
event.
47.2.2 The party who has given such notice shall be excused from the performance
or punctual performance is prevented, hindered or delayed.
47.2.3 Notwithstanding any other provision of the Clause, Force Majeure shall not
apply to any obligations of the Employer to make payments to the Contractor
herein.
47.3 Duty to Minimize Delay
47.3.1 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 fulfill its or their obligations under the Contract, but
without prejudice to either party’s right to terminate the Contract under GCC
Sub-Clause 47.5.
47.4 Consequence of Force Majeure
47.4.1 If the Contractor is prevented from performing its obligations under the
Contract by reason of Force Majeure of which notice has been given under
Sub-Clause 47.2.1, and suffers delay by reason of such Force Majeure, the
Contractor shall be entitled to an extension of time f or any such delay, if the
Completion is or will be delayed, in accordance with GCC Sub-Clause entitled
“Extension of Time for Completion”.
47.4.2 No delay or nonperformance by either party hereto caused by the occurrence
of any event of Force Majeure shall
(a) constitute a default or breach of the Contract,
(b) give rise to any claim for damages or additional cost or expense
occasioned thereby
if and to the extent that such delay or nonperformance is caused by the
occurrence of an event of Force Majeure.
47.5 Termination for reasons due to extended Force Majeure
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47.5.1 If the performance of the Contract is substantially prevented, hindered or
delayed for a single period of more than seventy (70) days or an aggregate
period of more than one hundred and forty (140) days or any such extended
period as may be agreed to between the parties on account of one or more
events of Force Majeure during the currency of the Contract, the parties will
attempt to develop a mutually satisfactory solution, failing which either party
may terminate the Contract by giving a notice to the other.
47.5.2 In the event of termination pursuant to GCC Sub-Clause 47.5.1, the rights and
obligations of the Employer and the Contractor shall be as specified
hereunder:
(a) the Contractor shall be paid at contract rates for the work already
executed by him
(b) The Employer shall have an option to take over the Contractor’s
facilities/materials or any part thereof brought to site by the Contractor’s
facilities/materials or any part thereof brought to site by the Contractor,
at such rates as are determined reasonable by the Engineer-in-Charge.
47.5.3 In the event of any disagreement of the parties relating to matters at GCC
47.5.2, the dispute shall be settled in accordance with GCC Clause titled
“Settlement of Disputes”.
G. CHANGES IN CONTRACT ELEMENT
48. Changes in Constitution:
48.1 Where the Contractor is a partnership firm, prior approval in writing of the
Employer 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 firm which would have the right to
carry out the Work hereby undertaken by the Contractor. If prior approval as
aforesaid is not obtained, the Contract shall be deemed to have been
assigned in contravention of GCC Sub-Clause 51.3 hereof and the same
action may be taken and the same consequences shall ensue as provided for
in the said GCC Sub-Clause 51.3.
49. Powers of Engineer-in-Charge for alterations/ omissions/ additions
/substitutions
49.1 The Engineer-in-Charge shall have power (i) to make alterations 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 he may
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consider necessary and/or reasonable. Any such alterations, omissions,
additions or substitutions shall be ordered by the Engineer-in-Charge as a
deviation. The Contractor shall be bound to carry out the said deviation in
accordance with instructions given to him in writing by the Engineer-in-Charge
and such alterations, omissions, additions or substitutions shall form part of
the Contract as if originally provided therein and shall be carried out by the
Contractor on the same conditions in all respects on which he agreed to do
the original Works, except as otherwise provided herein.
49.2 Permissible deviation limit for variations in Contract Items
49.2.1 In case of items of Work above ground surface, as it exists at the time of
commencement of W ork, quantities of which may change due to Site
Conditions or any other reasons, the permissible limit of deviations over the
original value of each item will be (+)20%.
49.2.2 In case of items of Work below ground surface, as it exists at the time of
commencement of W ork, quantities of which may change due to Site
conditions or any other reasons, the permissible limit of deviations over the
original value of each item will be (+)100% and (-30%).
49.2.3 For the purposes of GCC Sub-Clause 49.2.1 above, all the quantities of any
item actually executed from 0-120% of the Contract quantity will be payable at
Contract rates while the rates for the quantities above 120% will be subject to
review/revision. Similarly, for the purposes of GCC Sub-clause 49.2.2 above,
all the quantities of any item actually executed from 70% to +200% of the
Contract quantity will be payable at Contract Rates while the rates for the
entire quantity executed from 0% to 69% (if the total quantity executed is in
this range) and the entire quantity executed above 200% will be subject to
review/revision as provisions herein.
49.2.4 In case the Schedule of Quantities contains sub-items of W ork under a Main
Item, then the above permissible limits of deviation shall be applicable on the
value of each such sub-item and not on the entire value of the Main Item.
49.2.5 The deviations up to the above permissible limits shall be carried out by the
Contractor at the same rates and terms as per the Contract.
49.3 Methodology for Determination of Rates for variations of Contract Items
beyond the permissible deviation limits
49.3.1 For Contract Items which exceed the limits over the original value of that item
as mentioned in GCC Sub-Clause 49.2.1 & 49.2.2 above, the Contractor may,
within fourteen (14) days of the date of receipt of the order to carry out the
said work, inform the Engineer-in-Charge under advice to the Employer of the
rate which he proposes to claim for such item(s) of Work on Market Rate(s)
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basis, supported by analysis of the rate claimed and the relevant documents
to substantiate the same. The Engineer-in-Charge shall, within seventy (70)
days thereafter, after giving due consideration to the rate(s) claimed by the
Contractor, determine the rate(s), in consultation with the Contractor, on
Market Rate(s) basis. In the event of disagreement between the Engineer-in-
Charge and Contractor, even after the said seventy (70) days from the date of
submission of claims of the rate(s) by the Contractor, the Engineer-in-Charge
within a further period of twenty-one (21) days thereafter, shall fix the
rate(s)/price(s) as are, in his opinion appropriate. The rate(s)/price(s) so fixed
shall be notified to the Contractor and shall be final and binding.
49.3.2 If the Engineer-in-Charge fails to determine and notify the rate(s)/price(s)
even after expiry of the said twenty-one (21) days, then the Contractor will be
at liberty to refer the matter for resolution to the Employer within a further
period of fourteen (14) days after the above said twenty one (21) days. If the
Employer does not determine and cause the Engineer-in-Charge to notify the
rate(s)/price(s), then the matter would be determined in accordance with the
provisions of GCC Clause entitled “Settlement of Disputes”. However, in the
meanwhile, the Engineer-in-Charge will pay for the items of Work executed
beyond the permissible deviation limits, at 75% (seventy-five percent) of the
rate(s)/price(s) claimed by the Contractor with satisfactory supporting
documents or at Contract Rate, purely on adhoc and provisional basis subject
to adjustment.
49.3.3 In the event of the Contractor failing to inform the Engineer-in-Charge, within
the stipulated period of fourteen (14) days time, the rate(s) which he proposes
to claim, supported by relevant documents to substantiate the same, the
rate(s) for such item(s) shall then be determined by the Engineer-in-Charge in
consultation with the Contractor (if he so desires) on the basis of Market
Rate(s) within seventy (70) days thereafter. The rate(s) /price(s) so
determined shall be notified to the Contractor and shall be final and binding.
49.3.4 The provisions of GCC Sub-Clauses 49.3.1, 49.3.2 and 49.3.3 above shall
only be applicable to such individual Contract Item(s)/ sub-item(s) of W ork
whose original value is equal to or in excess of 1% of the total Contract Value
(as awarded).
49.3.5 For individual Contracts Item(s)/ sub-item(s) of Work whose original value as
per Letter of Award is less than 1% of the total Contract Value (as awarded)
for each such item, there shall be no limit on the extent of deviations over the
original value of the Item and shall be paid on the contracted rate(s)/price(s).
49.3.6 Rates of Items of Work derived on the basis as detailed in GCC Sub-Clause
49.3.1 or 49.3.2, or notified under GCC Sub-Clause 49.3.3 shall not be eligible
for price adjustment, provided the period of execution of such items of Work
beyond the permissible deviation limit as per the schedule to be finalised in
line with GCC Sub-Clause 49.5, is less than or equal to six (6) months.
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49.3.7 Further, in case the period of execution of such items of Work is more than six
(6) months, such items shall be eligible for price adjustment as per clause
entitled ‘Contract Price Adjustment’. The base date in such a situation shall be
the date as specified by the Engineer-in-Charge while determination of the
Market Rate.
49.4 Methodology for Determination of Rates for Extra Items (Additional,
Altered or Substituted Items) of Work
49.4.1 Rates for Extra Items of Work (comprising of Additional, Altered or Substituted
items of Work), shall be determined by the Engineer-in-Charge in the following
order:
(i) If the rate(s)/price(s) for extra items occurring in a particular schedule
of quantities are available in other schedule of quantities forming part of
the Contract, the lowest of such rate(s)/price(s) will be used, subject to
the nature of work being comparable.
(ii) If the rate(s) cannot be derived as per (i) above, then
(a) In case of contracts with only one Schedule of Quantities forming
the part of the Contract, the rate(s)/price(s) for the extra item(s)
shall be derived from the lowest of any similar item(s)in that
Schedule.
(b) In case of contracts with two or more Schedules of Quantities
forming a part of the contract, the rates for the Extra Item(s) will be
derived from the nearest similar item appearing in the Schedule in
which the extra item is to be executed failing which from any other
Schedule in which nearest similar item is available, the rate so
derived being the lowest of such derived from nearest similar items
in those other Schedules and used.
49.4.2 If the rate for any additional, altered or substituted item of work cannot be
determined in the manner specified in GCC Sub-Clause 49.4.1 (i) & (ii) above,
the Contractor shall, within fourteen (14) days of the date of receipt of the
order to carry out the said Work, inform the Engineer-in-Charge under advice
to the Employer of the rate which he proposes to claim for such item(s) of
Work on Market Rate(s) basis, supported by analysis of the rate claimed and
relevant documents to substantiate the same. The Engineer-in-Charge shall,
within seventy (70) days thereafter, after giving due consideration to the
rate(s) claimed by the Contractor, determine the rate(s), in consultation with
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the Contractor, on Market Rate(s) basis. In the event of disagreement between
the Engineer-in-Charge and Contractor, even after the said seventy (70) days
from the date of submission of claims of the rate(s) by the Contractor, the
Engineer-in-Charge within a further period of twenty-one (21) days thereafter
shall fix the rate(s)/price(s) as are, in his opinion appropriate. The rate(s)
/price(s) so fixed shall be notified to the Contractor and shall be final and
binding.
49.4.3 If the Engineer-in-Charge fails to determine and notify the rate(s)/price(s)
even after expiry of the said twenty-one (21) days, then the Contractor will be
at liberty to refer the matter for resolution to the Employer within a further
period of fourteen (14) days after the above said twenty-one (21) days. If the
Employer does not determine and cause the Engineer-in-Charge to notify the
rate(s)/price(s), then the matter would be determined in accordance with the
provisions of GCC Clause entitled “Settlement of Disputes”. However, in the
meanwhile, the Engineer-in-Charge will pay for the extra items of Work, at
75% (seventy-five percent) of the rate(s)/price(s) claimed by the Contractor
with supporting documents, purely on adhoc and provisional basis subject to
adjustment.
49.4.4 In the event of the Contractor failing to inform the Engineer-in-Charge within
the stipulated period of fourteen (14) days time the rate(s) which he proposes
to claim, supported by relevant documents to substantiate the same, the
rate(s) for such item(s) shall then be determined by the Engineer-in-Charge in
consultation with the Contractor (if he so desires) on the basis of Market
Rate(s) within seventy (70) days thereafter. The rate(s) /price(s) so
determined shall be notified to the Contractor and shall be final and binding.
49.4.5 Rates of Extra Items of Work, derived from Schedule of Quantities as detailed
in GCC Sub-Clause 49.4.1 (i) & (ii) above, shall be eligible for Price
Adjustment as per GCC Clause entitled ‘Contract Price Adjustment’ including
base date.
49.4.6 Rates for Extra Items of W ork, derived on the basis as detailed in GCC Sub-
Clause 49.4.2 or 49.4.3, or notified under GCC Sub-Clause 49.4.4 above shall
not be eligible for Price Adjustment, provided the period of execution of such
Extra Items of W ork beyond the permissible deviation limit as per the schedule
to be finalised in line with GCC Sub-Clause 49.5, is less than or equal to six
(6) months.
49.4.7 Further, in case the period of execution of such items of Work is more than
six(6) months, such items shall be eligible for price adjustment as per clause
entitled ‘Contract Price Adjustment’. The base date in such a situation shall be
the date as specified by the Engineer-in-Charge while determination of the
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market rate.
49.5 Work Schedules for variation beyond deviation limits & Extra Items
49.5.1 The Engineer-in-Charge shall finalise a Work Schedule in consultation with the
Contractor for items of Work beyond deviation limits and the Extra Items of
Work to be executed and the date(s) specified in this agreed Work Schedule
shall be considered as the date for working out the Price adjustment amount.
The primary consideration by the Engineer-in-Charge while determining the
time required for execution of the altered or substituted item(s) of Work, would
be quantities of the altered or substituted and not the value of altered or
substituted item(s) of Work. The Contractor shall not be eligible for Price
Adjustment Payment for quantities of items executed beyond the schedule
date(s), if execution of the items of the Work has been delayed for the reasons
attributable to the Contractor.
49.5.2 However, the Contractor would be eligible for claim or liable for refund for
Price Adjustment(s) for quantities of items of the Work executed beyond the
schedule dates based on the value of indices as applicable to the scheduled
dates of execution, for such delayed work provided that if the indices during
the extended period are lower than the indices during scheduled period of
execution, then lower indices shall be applicable.
49.6 Provisional payments
49.6.1 Pending approval of the Rates for Contract Item(s) of Work beyond the
permissible deviation limits as well as for Extra Items (Additional, Altered or
Substituted item) of Work, provisional payment at an interim rate (not
exceeding 80% of the rate/price determined by the Engineer-in-Charge), shall
be made to the Contractor in the interest of progress of W ork, which shall be
regularized after approval of Competent Authority.
50. Suspension of Works
50.1 The Contractor shall, on receipt of the order in writing of the Engineer-
in-Charge, suspend the progress of the W orks or any part thereof for such
time and in such manner as the Engineer-in-Charge may consider necessary
for any of the following reasons:
(i) On account of any default on part of the Contractor; or
(ii) for proper execution of the Works or part thereof for reasons other than
the default on the part of the Contractor; or
(iii) for safety of the Works or part thereof, for reasons other than those
attributable to the Contractor.
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50.2 The Contractor shall, during such suspension, properly protect and secure the
Works to the extent necessary and carry out the instructions given in that
behalf by the Engineer-in-Charge.
50.3 If the suspension is ordered for reasons (ii) & (iii) in Sub-Clause 50.1 above,
in so far as it concerns suspension of part of the Works or whole of the
balance, the Contractor shall be entitled to an extension of time equivalent to
the period of suspension plus 25% thereof. The Contractor shall not be
eligible for any other compensation whatsoever for such suspension, except
as otherwise provided herein under.
50.4 If the suspension is ordered for reasons (ii) & (iii) in Sub-Clause 50.1 above,
as far as it concerns the entire balance of Works on the date of suspension
and if such period of suspension cumulatively exceeds twenty-eight (28) days,
then in addition to extension of time as in Sub-Clause 50.2 above, the
Contractor shall be eligible for compensation, as the Employer 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 cumulative period of
suspension, adding to the total thereof, a reasonable percentage as
determined appropriate by the Engineer-in-Charge, to cover indirect expenses
and incidentals of the Contractor, provided the Contractor submits his claim
supported by details to establish the reasonableness of his claim to the
Engineer-in-Charge under advice to the Employer within fourteen (14) days of
the expiry of the said twenty-eight (28) days period.
50.5 If for any reason other than for reasons of Contractor’s default as per GCC
Sub-Clause 50.1(i) above, if the Contract remains suspended for a continuous
period exceeding ninety (90) days, then the Employer and the Contractor shall
mutually discuss and agree for a suitable course of action regarding the
recommencement/ reinstatement of the suspended work or alternatively treat
the suspension as termination / abandonment of the Works by the Employer as
per GCC Sub-Clause 51.1 herein. If out of above discussion it is determined
that the Contract has to be treated as terminated under the provisions of GCC
Sub-Clause 51.1, then the Contractor shall be eligible for compensation as
envisaged in GCC Sub-Clause 51.1.1 herein.
51. Termination
51.1 Termination by the Employer
If at any time after award of Contract, 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 by the Contractor,
the Engineer-in-Charge shall give notice in writing to that effect to the
Contractor and the Contractor except as herein under provided, shall have no
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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 said
termination of the whole or part of the Works.
51.1.1 The Contractor shall be paid at Contract rates full amount for works executed
at Site and, in addition, a reasonable amount as certified by the Engineer-in-
Charge for the items hereunder mentioned which could not be utilised on the
Work to the full extent because of the said termination:
(a) Any cost incurred on preliminary site work, e.g. access roads, labour
huts, staff quarters and site offices; storage accommodation and water
storage tanks, etc.
(b) (i) The Employer shall have the option to take over Contractor's
facilities/ 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 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.
(ii) For Contractor's materials not retained by the Employer,
reasonable cost of transporting such materials from Site to
Contractor's permanent stores or to his other Works, whichever is
less. If materials are not transported to either of the said places,
no cost of transportation shall be payable.
(c) If any materials issued 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.
(d) Reasonable compensation for transfer of Contractor’s 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.
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51.1.2 The Contractor shall, if required by the Engineer-in-Charge furnish to him
wage books, time sheets and other relevant documents as may be reasonably
necessary to enable him to certify the reasonableness of the amount payable
under this Clause.
51.2 Termination on Contractor’s Death
51.2.1 If the Contractor is an individual or a proprietary concern and the individual or
the proprietor dies and if the Contractor is a partnership concern and one of
the partners dies, then unless the Employer is satisfied that the legal
representatives of the individual Contractor or of the proprietor of the
proprietary concern and in the case of partnership, the surviving partners, are
capable of carrying out and completing the Contract, the Employer shall be
entitled to cancel the Contract as to its incomplete part without the Employer
being liable in any way to payment of any compensation to the estate of the
deceased Contractor and/or to the surviving partners of the Contractor's firm
on account of the cancellation of the Contract. The decision of the Employer
that the legal representatives of the deceased Contractor or the surviving
partners of the Contractor's firm cannot carry out and complete the Contract
shall be final and binding on the parties. In the event of such cancellation the
Employer shall not hold the estate of the deceased Contractor and/or the
surviving partners of the Contractor's firm liable for damages for not
completing the Contract.
51.3 Termination for Contractor’s Default
51.3.1 If the Contractor:
(a) at any time makes default in proceeding with the Works with due
diligence and continues to do so after a notice of seven (7) days in
writing from the Engineer-in-Charge; or
(b) commits default in complying with any of the terms and conditions of
Contract and does not remedy it or take effective steps to remedy it
within seven (7) days after a notice in writing is given to him in that
behalf by the Engineer-in-Charge; or
(c) fails to complete the Works or items of Work with individual dates of
completion, on or before the 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; or
(d) shall offer, or give or agree to give to any person in Employer's 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 having done
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or forborne to do any act in relation to the obtaining or execution of this
or any other Contract for the Employer; or
(e) 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 Employer/ Engineer-in-Charge; or
(f) shall obtain a Contract with the Employer as a result of ring bidding or
other non-bonafide methods of competitive bidding; or
(g) 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
affective 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; or
(h) being a company, shall pass a resolution or the Court shall make an
order for the liquidation of its affairs, or a receiver or manager on behalf
of the debenture holders shall be appointed or circumstances shall arise
which entitle the Court or debenture holders to appoint a receiver or
manager; or
(i) 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) attempts to assign, transfer or sublet the
entire W orks or any portion thereof without the prior written approval of
the Employer;
the Employer may, without prejudice to any other right to remedy which
shall have accrued or shall accrue thereafter to the Employer by written
notice, cancel the Contract as a whole or only such items of work in
default, from the Contract.
(j) “Withholding/ Banning
The Employer has in place a Policy for withholding and Banning of Business
Dealings as enclosed at ANNEXURE-I to Special Conditions of Contract (SCC) of
the Bidding documents. Business dealings may be withheld or banned with the
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Contractor on account of any Default by the Contractor under GCC Clause 51.3.1
or any of the grounds as detailed in the said Banning Policy.”
Encl. : Annexure-I to SCC
51.3.2 The Employer shall on such cancellation have rights to:
(a) take possession of the Works and any materials, construction plant,
implements, stores, etc., thereon; and/or
(b) carry out the incomplete Work by any means at the risk and cost of the
Contractor.
51.3.3 On cancellation of the Contract in full or in part, the Employer shall determine
what amount, if any, is recoverable from the Contractor for completion of
Works or part of the Works or in case the Works or part of the W orks is not
completed, the loss or damage suffered by the Employer. In determining the
amount, credit shall be given to the Contractor for the value of the work
executed by him up to the time of cancellation, the value of Contractor’s
material taken over as well as incorporated in the work, and use of tools and
plants belonging to the Contractor.
51.3.4 Any excess expenditure incurred or to be incurred by the Employer in
completing the W orks or part of the W orks or the excess loss or damages
suffered or may be suffered by the Employer as aforesaid after allowing such
credit shall be recovered from any money due to the Contractor on any
account, and if such money is not sufficient the Contractor shall be called
upon in writing to pay the same within twenty-eight (28) days.
51.3.5 If the Contractor shall fail to pay the required sum within the aforesaid period
of twenty-eight (28) days, the Engineer-in-Charge shall have the right to sell
any or all of the Contractor’s unused materials, construction plant,
implements, temporary buildings etc. and apply the proceeds of sale thereof
towards the satisfaction of any sums due from the Contractor under the
Contract and if thereafter there be any balance outstanding from the
Contractor, it shall be recovered from him.
51.3.6 Any sums in excess of the amounts due to the Employer and unsold materials,
construction plant etc., shall be returned to the Contractor, provided always
that if cost or anticipated cost of completion by the Employer of the W orks or
part of the W orks is less than the amount which the Contractor would have
been paid had he completed the W orks or part of the W orks, such benefit shall
not accrue to the Contractor.
52. Adherence to Fraud Prevention Policy
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The Employer has in place an established ‘Contractor Performance and
Feedback System’ against which the Contractor’s performance during the
execution of Contract shall be evaluated on a continuous basis at regular
intervals on the f ollowing seven parameters:
Engineering & Quality Assurance Capability
Finance
Supply
Construction/ Installation
Field Quality
Safety
Claims & Disputes
The score-based feedback formats based on which Contractor’s performance
shall be evaluated is enclosed at Annexure-A.
In case the performance of the Contractor is found unsatisfactory, the
Contractor shall be considered ineligible for participating in future tenders for
three years.
On completion of the above ineligibility period, the Contractor would be required to submit
a request to NTPC for participating in future tenders specifying the measures taken to
improve their performance. The Contractor may also request for early revocation of
suspension after completion of at least two (2) year of the suspension period. On receipt of
such request, the performance of the Contractor shall be assessed/evaluated by NTPC
and if the performance is found to be satisfactory, the Contractor shall be considered
eligible for participation in future tenders.
53. Withholding / Banning
The Employer has in place a Policy for withholding and banning of Business
Dealings as enclosed at Appendix-I to this section. Business dealings may be
withheld or banned with the Contractor on account of any Default by the
Contractor under Clause 51.3.1 or any of the grounds as detailed in the said
Banning Policy.
54. CONTRACTOR’S LABOUR INFORMATION MANAGEMENT SYSTEM (CLIMS):
(a) The Contractor has to necessarily get itself registered in the Contractor’s Labour
Information Management System (CLIMS), which will be installed by the Employer.
(b) The entry and exit of all contract labour to the plant premises will be through Gate
Access Control System of above ‘Contractor’s Labour Information Management
System’.
(c) It will be the responsibility of the Contractor to ensure timely exit of all labours from
the plant premises after completion of job of that day.
(d) The contractor has to abide with all the statutory compliance applicable to its
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workers and employees and update the details of the same in the above System.
Page 1 of 10
ANNEXURE-A
PERFORMANCE REPORT OF CONTRACTOR
GUIDELINES FOR FILLING THE FORMAT
1.0 The feedback shall be based on records, evidences and documents (hindrance
register, DPR, monthly PRT MoM, contractor's MPR, etc). Due diligence shall be taken
to capture the actual progress, hindrances, if any from the monthly progress report to
be submitted by the concerned agency. As Daily Progress Report / Weekly Progress
Report / Monthly Progress Report are key documents / inputs for Vendor Performance
measurement. Non-submission of the aforesaid documents may also be reckoned as
poor performance.
2.0 For measurement of contractor performance in various activities in supply, site
execution etc, the Contractor shall submit quantified L-2 schedule within 3 months after
scheduled completion of Basic Engg or 180 days from date of award, whichever is
earlier. Based on the progress of detailed Engg, quantified L-2 shall be updated as
and when required.
3.0 This vendor performance rating system is applicable for a particular package being
executed by the vendor. If the same vendor is executing multiple packages in a project
or at number of NTPC projects, the performance report shall be prepared package
wise and the screening committee may then take a final view for evaluating the overall
performance of the vendor before initiating action for issuance of Notice for
Withholding of business dealings with the concerned contractor, in case the
performance is found unsatisfactory.
Page 2 of 10
PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
PACKAGE COMPLETION DATE
FORMAT FOR ENGG & QA SCORE
(TO BE FILLED IN BY ENGG.)
S.No.
Parameters
Max
Score
(A)
Act %
age w.r.t.
sch (B)
Marks
obtained
(C) = (A)x(B)
(i)
%age of “
Approval
” category drgs/ docs
submitted within submission schedule.
30
(ii)
%age of “
Information
” category drgs/
docs submitted within submission
schedule.
20
(iii)
%age of drgs/docs approved within
approval schedule (in Cat-I/IV)*
20
(iv)
%age of drgs/docs approved within
approval schedule (in Cat-II/IVR)*
20
(v)
%age of Sub-vendor proposal for items
identified in “DR” category & submitted
within agreed schedule (i.e. 3 months
prior to schedule date of ordering
identified in L2)**
10
TOTAL
100
* For (iii) & (iv) above - If all drawings/documents due for approval are approved
in Cat-I/IV within approval schedule, then marks allocated against (iii) & (iv)
above shall be clubbed for calculation purpose.
** In case no “DR” proposal is submitted and orders are placed on already
approved vendors, then full marks shall be given for calculation purpose against
item (v).
Page 3 of 10
PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
PACKAGE COMPLETION DATE
FORMAT FOR FINANCE SCORE
(TO BE FILLED IN BY PP&M PRT COORDINATOR ON MONTHLY BASIS DURING PRT
MEETING, BASED ON DETAILS TO BE FURNISHED BY SITE P&S)
S. no Parameters Max
Score
(A)
% Rating
(B)
Marks Obtained
(C) = (A) *(B)
(i) Number of instances NTPC
has to issue Comfort letters to
sub-vendors for getting
supplies.
25
(ii)
Number of instances vendor
has requested for advance
against BG from NTPC
(beyond contractual provision)
25
(iii) Number of instances of supply
delay beyond 1 month after
issuance of MDCC.
25
(iv) Number of instances of direct
supply / diversion of materials
/ consumables by NTPC.
25
TOTAL
100
*Performance to be captured by PP&M PRT Coordinator on monthly basis during PRT
Meeting, based on details to be furnished by site P&S.
*(No instances = 100%
Up to 1 instance = 50%
more than 1 instances = 0%).
Page 4 of 10
PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
PACKAGE COMPLETION DATE
FORMAT FOR SUPPLY SCORE
(TO BE FILLED IN BY CONTRACTS)
S. no
Parameters Max
Score
(A)
Actual %
w.r.t. L2
schedule
(B)
Marks Obtained
(C) = (A) *(B)
(i)
Ordering of Bought out items as per
approved L2 network*
Major Bought out items 20
Minor Bought out items 5
Number of instances of cancellation
/ changes of BoI orders
(No instances = 100%
Up to 1 instances = 50%
more than 1 instances = 0%).
10
(ii)
Supply of Main Equipment per
approved L2 network
60
(iii)
Supply of Mandatory spares as per
approved L2 network
5
TOTAL
100
*If Major & Minor Bought out items are not separately identified in L-2 network then both
shall be clubbed into single line item with Max score of 25.
Note: Overall % of actual progress vis-à-vis L2 schedule in Col (B) shall be arrived
in the following manner:
(i) Let there be n type of Items/systems identified in L2/Quantified L2
schedule i.e. E1, E2, E3 …..En.
(ii) Let % progress for each type of Item/system vis-à-vis L2 schedule be %E1,
%E2, %E3……%En.
(iii) Overall % in Col (B) = (%E1+ %E2+ %E3……+%En)/n
Page 5 of 10
PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
PACKAGE COMPLETION DATE
FORMAT FOR CONSTRUCTION/INSTALLATION SCORE
(TO BE FILLED IN BY SITE)
S. no
Parameters
Max
Score
(A)
%
of actual vis
-
à-vis L2
schedule (B)
Marks
Obtained
(C)=(A) *(B)
(i)
Physical progress
i.e. Installation
of equipment / item, Civil works (i.e.
Excavation, RCC, Piling, etc),
Structural Works (i.e. Structural
Fabrication, Erection, etc) as per
approved L2 network
95
(ii)
Project Management Capability and
resource Management by Vendor
at site.
(5 Negative marks per instance)
Number of instances of delay due to
inadequate deployment of
equipment and T&P, based on
record maintained in hindrance
register, monthly PRT MoM,
contractor’s MPR, etc.
(-)5
Number of instances of direct
payment by NTPC to Contractor’s
sub-vendors to expedite supplies /
services / the progress of work at
site affected due to strike / delay in
payments to labourers.
(-)5
(iii)
Submission of Monthly Report in
specified formats.
5
TOTAL
100
Details of Area-wise performance is mentioned below:
Sr No. Activities Scope
L2
Finish
Date
Actual Completed
till L2 Finish
%age Comp
1
Excavation
2
RCC
3
Structural /
Equipment
Erection
Avg Comp %
Page 6 of 10
Note: For Physical Progress, overall % of actual progress vis-à-vis quantified L2
schedule in Col (B) shall be arrived in the following manner (Unit of measurement
shall be as per approved BBU for respective activities):
(i) Let there be n category of works identified in L-2/Quantified L2 schedule i.e.
W1, W2, W3 …..Wn.
(ii) Let % progress for each category of work vis-à-vis L2 schedule
be %W1, %W2, %W3……%Wn.
(iii) Overall %in Col (B) = (%W1+ %W2+ %W3……+%Wn)/n
Note:
All incidences shall be relevant to the current performance evaluation cycle.
In case of delay in front (including construction drawings for civil packages and
other inputs, if any) release by NTPC, measurement of delay in execution by the
contractor shall be normalized proportionally.
Contractor will have to submit monthly progress report capturing actual physical
progress viv-a-vis L2 schedule and delay in hand over of front by NTPC, if any. In
case of front delay the same has to be jointly signed by NTPC engineer & Vendor.
Page 7 of 10
PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
PACKAGE COMPLETION DATE
FORMAT FOR QUALITY SCORE
(TO BE FILLED IN BY SITE)
S. no
Parameters
Max
Score
(A)
%
Rating
(B)
Marks
Obtained
(C)=(A) *(B)
(i)
Availability of Testing facilities
(Available as per contractual
requirement – 100%
Not available – 0%)
25
(ii)
Preventing recurrence of
defects/complaints
(up to 5 cases – 100%,
Up to 10 cases – 40%,
more than 10 cases – 0%)
25
(iii)
Proper Storage & Preservation of
Equipment/Material
(Nil violation – 100%,
Up to 1 case of violation – 40%,
more than 1 cases of violation – 0%)
25
(iv)
Deployment of Qualified Quality
Officers/Manpower as per Contract
(% deployment w.r.t. contractual
requirement)
25
TOTAL
100
Page 8 of 10
PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
PACKAGE COMPLETION DATE
FORMAT FOR SAFETY SCORE
(TO BE FILLED IN BY SITE)
S. no Parameters Max
Score
(A)
% Rating
(B)
Marks
Obtained
(C)=(A) *(B)
(i)
Having safety policy and approved
Safety Assurance Plan
(available as per requirement –
100%,
Not-available – 0%)
10
(ii)
Violation of safety requirement as per
Safety Assurance Plan.
(0 violation = 100%
Upto 3 violations = 50%
more than 3 = 0%)
20
(iii)
No. of incidence of Fatal accidents
due to contractor’s negligence
(0 incidence = 100%
1 incidence = 50%
more than 1 cases, or multiple
fatalities in one instance = 0%)
50
(iv)
No. of incidence of Non-Fatal
accidents due to contractor’s
negligence
(0 incidence = 100%
Up to 5 incidence = 50%
more than 5 = 0%)
10
(v)
Deployment of Qualified Safety
Officers as per contract
(% deployment w.r.t. contractual
requirement)
10
TOTAL 100
Page 9 of 10
PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
PACKAGE COMPLETION DATE
FORMAT FOR CLAIMS & DISPUTE SCORE
(TO BE FILLED IN BY SITE)
S. no Parameters Max Score
(A)
% Rating
(B)
Marks
Obtained
(C)=(A) *(B)
(i) No. of cases where Contractor
stopped work on account of non-
admittance/non settlement of
claims
(No case = 100%
Upto 3 cases = 50%
more than 3 cases = 0%)
70
(ii) No. of arbitration/legal cases
resorted to by the Contractor
(No case – 100%, otherwise 0%)
30
TOTAL
100
Page 10 of 10
PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
PACKAGE COMPLETION DATE
Overall Performance Evaluation
S.No. Parameters Max
Score
(A)
Score
Obtained
(B)
Weightage
(C)
Max
Weighted
Score
(D) =
(A)*(C)
Weighted
Score
obtained
(E) =
(B)*(C)
(i) Engineering & QA 100 0.20 20
(ii) Finance 100 0.20 20
(iii) Supply 100 0.20 20
(iv) Construction/Installation
100 0.20 20
(v) Quality 100 0.05 05
(vi) Safety 100 0.10 10
Claims & Disputes 100 0.05 05
Total
1.00
100
Note: In case of Civil Contracts, score of Engineering & QA and Supply shall be NIL
and weightage of Construction/Installation shall be 0.60.
Performance Rating
Total Weighted Score obtained Performance Grade
Upto 50 Unsatisfactory
>50 to 70 Satisfactory
>70 to 80 Good
>80 Excellent
A Maharatna Company
Policy & Procedure for Withholding/Banning of Business Dealings – Rev 2 dated 01/09/2017
Policy & Procedure for Withholding and Banning of
Business Dealings
INDEX
S.No. TOPIC
1) Introduction
2) Scope
3)
Definitions
4)
Withholding of business dealings
4.1 Grounds
4.2 Procedure
4.3 Notice of Default
4.4 Area of Operation
4.5 Effect of Withholding
4.6 Duration of Withholding
4.7 Revocation of Orders
5)
Banning of Business Dealings
5.1 Grounds
5.2 Procedure
5.3 Show Cause Notice
5.4 Speaking Orders
5.5 Communication to Agencies
5.6 Period of banning
5.7 Area of operation
5.8 Effect of Banning
5.9 Process of reply
5.10 Hosting at NTPC Website
5.11 Appeal
5.12 Revocation
6) Participation of Agency under Different Name
7) Participation of Agency as an Associate/Collaborator/Sub-
Vendor &
Procurement in Operating Stations
Annexure-II
A Maharatna Company
Policy & Procedure for Withholding/Banning of Business Dealings – Rev 2 dated 01/09/2017
1. Introduction
1.1 NTPC Ltd.deals with Agencies, who are expected to adopt ethics of
highest standards and a very high degree of integrity, transparency,
commitments and sincerity towards the work undertaken. It is not in
the interest of NTPC to deal with any Agency, which commits
deception, fraud or other misconduct of whatsoever nature in the
tendering process and/or execution. NTPC is committed for timely
completion of the projects within the awarded value without
compromising on quality.
1.2 Since suspension/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 NTPC reserves its right to withhold or ban business dealings with any
Agency, if such Agency is found to have committed misconduct or any
of its action(s) fall into any such categories as laid down in this policy.
2.2 The procedure for (i) Withholding and (ii) Banning of Business Dealing
with any Agency, has been laid down in these guidelines.
2.3 The provisions of this Policy supersede and will have overriding effect
on all earlier guidelines, procedures & system circulars issued for the
similar purpose.
2.4 This policy comes into force from the date of its issuance.
2.5 The provisions of this policy will be effective on investigations
conducted or misconduct/irregularities noticed on the part of any
Agency in all contracts awarded on or after the date of implementation
of this policy and in the contracts under execution or contracts not yet
closed, on the date of the implementation of this policy.
2.6 The provisions of this Banning Policy shall also be applicable for
JVs/Subsidiaries of NTPC as well.
3. Definitions
In these Guidelines, unless the context otherwise requires:
A Maharatna Company
Policy & Procedure for Withholding/Banning of Business Dealings – Rev 2 dated 01/09/2017
i) Agency shall mean Contractor / Supplier / Applicant/ Purchaser /
Bidder/ NTPC approved Sub-contractor of a Contractor to whom
work has been awarded. It shall include, but not limited to, a public
limited company or a private limited company, a firm whether
registered or not, any individual, a cooperative society or an
association or a group of persons engaged in any commerce, trade
industry, or constituents of an unincorporated Joint Venture
Company, etc.
ii) Competent Authority and ‘Appellate Authority’ shall mean
the following :-
a) For Company (entire NTPC) wide Banning for Contracts
awarded/processed from Corporate Centre for NTPC and
its JVs/Subsidiaries of NTPC
The CMD shall be the ‘Competent Authority’ for the purpose of
these guidelines. Board of Directors / Sub-committee of the Board
of Directors / Group of Directors, nominated for the said purpose
shall be the ‘Appellate Authority’ in respect of such cases.
b) For Region wide Banning for Contracts awarded/processed
from Regions
The Regional ED shall be the Competent Authority for the purpose
of these guidelines. The CMD shall be Appellate authority in respect
of such cases.
c) For Contracts awarded/processed from individual Projects
/ Units/ JVs/Subsidiaries
The Head of Project/CEO shall be the ‘Competent Authority’ for the
purpose of these guidelines. The Regional Executive Director shall
be the ‘Appellate Authority’ in respect of such cases.
iii) ‘Investigating Department’ shall mean any Department or Unit
of NTPC, investigating into the conduct of the Agency and shall
include the NTPC 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.
iv) ‘List of Enlisted Agencies –shall mean and include list of Enlisted
Parties / Contractors / Suppliers / Bidders, etc.
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Policy & Procedure for Withholding/Banning of Business Dealings – Rev 2 dated 01/09/2017
v) State – includes the Government and Parliament of India and the
Government and the Legislature of each of the States and all local
or other authorities within the territory of India or under the control
of the Government of India.
vi) Fraud Prevention Policy – shall mean the policy related to
prevention of fraud displayed on NTPC tender website
http://www.ntpctender.com.
vii) Contractor Performance Feedback and Evaluation System –
The guidelines outlined in relevant NTPC circular for evaluating the
Contractor’s performance by the Screening Committee in respect of
Contracts awarded by Corporate Contracts Services.
viii) Completion of Facilities shall mean the term ‘Completion of
Facilities ’ as defined in the Contract.
ix) Standing Committee shall mean the following :-
a) For Contracts awarded/processed from Corporate Centre
A Committee constituted for the purpose of these guidelines
and comprising members from CC&M (Convener), Finance and
Engineering/Indenting department. Additional member(s) from
any other deptt/site/region as considered appropriate may also
be co-opted on case to case basis. The level of the committee
members shall be E8 and above.
b) For Contracts awarded/processed from Regions
A Committee constituted for the purpose of these guidelines
and comprising HODs (not below E-7 level) from C&M
(Convener), Finance and Indenting department. Additional
member(s) from any other deptt/site as considered appropriate
may also be co-opted on case to case basis.
c) For Contracts awarded/processed from individual Projects /
Units
A Committee constituted for the purpose of these guidelines
and comprising HODs (not below E-7 level) from C&M
(Convener), Finance and Indenting department. Additional
member(s) from any other deptt as considered appropriate may
also be co-opted on case to case basis.
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Policy & Procedure for Withholding/Banning of Business Dealings – Rev 2 dated 01/09/2017
x) Suspension/Banning –
In the context of these guidelines, the
words suspension and banning are interchangeable and shall have
same connotation & meaning.
4. Withholding of business dealings
4.1 Grounds
The business dealing with the Agency may be withheld, if they are found
to be in breach of the terms & conditions of the Contract, on account of
the reasons attributable to them, which shall include, but not be limited to
the following:
if the Agency
a) Either fails to commence work on the Facilities in terms of contract or
suspends the progress of Contract performance.
b) Fails to achieve the `Completion of Facilities’ or execute the contract
milestones within time schedule stipulated in the contract
c) Suspends/stops work on any unfounded pretext including seeking
higher compensation.
d) Fails to conduct the Guarantee test in the time limit stipulated in the
contract.
e) Diverts funds advanced to the Contractor for purpose other than the
Contract.
f) Does not deploy or withdraws the technical staff or equipment
considered necessary as per the terms & conditions of contract;
g) Fails to furnish the required documents / information as required under
the terms & conditions of contract;
h) Does not fulfill the obligations as required under the Contract .
i) Violates terms & conditions of the contract.
j) Does not Supply material /supplies material of inferior quality with
respect to Technical Specifications under the Contract.
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Policy & Procedure for Withholding/Banning of Business Dealings – Rev 2 dated 01/09/2017
k) On prima-facie scrutiny, work executed found to be of poor quality
beyond acceptable limits stipulated in the Technical Specifications
under the Contract.
l) If a disaster / major failure / accident / collapse of a structure/ system
caused during erection or during defect liability period
appears to be due to negligence of contractor or design deficiency or
poor quality of execution.
m) Assigns, transfers, sublets or attempts to assign, transfer or sublet the
entire Works or any portion thereof without the prior written approval of
the Employer;
n) Misbehavior or physical manhandling by the Agency or his
representative or any person acting on his behalf with any official of
the company dealing with the concerned contract.
o) If NTPC prima-facie of the view that the Agency is guilty of an offence
involving corrupt, fraudulent practices including misrepresentation of
facts as per NTPC Fraud Prevention Policy, moral turpitude in relation
to the business dealings.
p) If the Central Vigilance Commission, Central Bureau of Investigation or
any other Central Government investigation Agency or any other
Central Government Department recommends such a course in
respect of a case under investigation;
q) If the security consideration, including questions of loyalty of the
Agency to the state, so warrants ;
r) The finished work either prematurely fails or fails to give the desired
output/service during the defect liability period and the Agency fails to
rectify it.
s) On any ground as per which doing business dealings with the Agency
is not in the public interest in the opinion of Competent Authority.
t) If the Agency fails to comply with any of the statutory laws and
regulations in force, in totality, even after completion of work.
4.2 Procedure
(a) For Site/Regional/Corporate Packages
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Policy & Procedure for Withholding/Banning of Business Dealings – Rev 2 dated 01/09/2017
The concerned department at Site/Region/Corporate Centre on noticing
any non/under performance and/or irregularities and/or misconduct and/or
unethical practice as mentioned above, shall refer the matter to Convener
of the Standing Committee along with relevant details. The Standing
Committee shall analyze the referred case and if considered appropriate,
shall put up the proposal for issuing Notice of Default for the purpose of
withholding of business dealings with the Agency for approval of the Head
of Project (for Site packages)/RED (for Regional packages)/CMD (for
Corporate Packages).
In case the Standing Committee recommends waiver of withholding of
business dealings with the Agency, the proposal along with reasons
thereof shall be put up for approval of the RED (for Site packages)/CMD
(for Regional packages)/CMD (for Corporate packages).
All the above proposals shall be routed through Vigilance department.
Besides the Standing Committee, Vigilance Department of each Project /
Unit / Corporate Vigilance may also be competent to initiate the proposal
for withholding.
4.3 Notice of Default
Once the proposal for issuance of Notice of default is approved by the
Competent Authority, a ‘Notice of Default’ duly vetted by legal deptt shall
be issued by the Competent Authority himself or by a person authorized
for the said purpose to the Agency giving them a period of twenty eight
(28) days to remedy the default.
If Agency fails to remedy or take adequate steps to remedy the default to
the satisfaction of NTPC within the notice period mentioned above, then
business dealings shall be withheld with the Agency after approval of the
Competent Authority. The order of such withholding of business dealings
shall be communicated to the Agency (after vetting by legal deptt) by the
Competent Authority himself or by a person authorized for the said
purpose.
4.4 Area of Operation
A decision to withhold business dealings with any Agency for Regional/Site
awarded contracts shall be restricted to such Regions/Sites only and for
Corporate awarded contracts withholding shall apply throughout the
Company.
For Regional/Site wise withholding of any Agency, circular for such
withholding shall be issued by respective Regions/Sites under intimation to
A Maharatna Company
Policy & Procedure for Withholding/Banning of Business Dealings – Rev 2 dated 01/09/2017
RED and ED (CC&M) and also uploaded at intranet of respective
Regions/Sites. However, in case of company wide withholding of any
Agency, circular shall be issued by Corporate Contracts and uploaded at
intranet of CC&M.
4.5 Effect of Withholding
The Agency, after issue of order of withholding of business dealings,
would not be allowed to participate in any future tender enquiry and if the
Agency has already participated in any tender process and the price bids
are not opened, his techno-commercial bid will be rejected and price bid
will be returned unopened. However, where the price bids of Agency have
been opened prior to order of withholding, bids of the Agency shall not be
rejected.
4.6 Duration of Withholding
Duration of withholding the Agency shall be for a period of one year.
Within this period, if the Agency rectifies the reason / ground on which
the Agency has been withheld, to the satisfaction of the Competent
Authority, then on written representation of the Agency, the Competent
Authority can review and, if satisfied, may revoke the order of withholding
of business dealing. Provided further that, even till completion of one year
of withholding period, if the Agency does not rectify, then the Competent
Authority after reviewing the situation may issue order extending the
period of withholding for one more year or advise initiation of action for
banning of business dealings with Agency in accordance with the
procedure prescribed in Para 5.2 below.
4.7 Revocation of Orders
An order for withholding of business dealing passed for a certain specified
period, including extension thereof, shall not be revoked automatically.
Such withholding shall be revoked only after order in this respect is issued
with the approval of Competent Authority.
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Policy & Procedure for Withholding/Banning of Business Dealings – Rev 2 dated 01/09/2017
5. Banning of business dealings
5.1 Grounds on which Banning of business dealings can be initiated
Banning of business dealings can be initiated against Agency, on following
grounds :-
a) If the Agency fails to accept the award of contract or has abandoned or
repudiated the Contract.
b) If the Contractor is found to be non-performing in execution of contract by
the Screening Committee (nominated as per NTPC established `Contractor
Performance Feedback and Evaluation System’).
c) If a disaster / major failure / accident / collapse of a structure / system is
caused during erection or during defect liability period due to negligence of
contractor or design deficiency or poor quality of execution.
d) Misbehavior or physical manhandling by the Agency or his representative or
any person acting on his behalf with any official of the Company dealing
with the concerned contract is established.
e) If the Director / Owner of the Agency, proprietor or partner of the Agency,
is convicted by a court of law for offences involving corrupt and fraudulent
practices including moral turpitude in relation to its business dealings with
the government or NTPC or NTPC’s group companies, during the last five
years.
f) If the proprietor of the Agency have been guilty of malpractices such as
bribery, corruption, fraud, substitution of the tenders, interpolations, etc.
g) If the Agency continuously refuses to return / refund the dues of NTPC or
NTPC’s group companies, without showing adequate reason and this is not
due to any reasonable dispute which would attract proceedings in
arbitration or court of Law;
h) If the Agency employs a public servant dismissed / removed or employs a
person convicted for an offence involving corruption or abetment of such
offences ;
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Policy & Procedure for Withholding/Banning of Business Dealings – Rev 2 dated 01/09/2017
i) If business dealings with the Agency have been banned by the Ministry of
Power or Government of India and the ban is still in force,
j) If it is established that Agency has resorted to corrupt, fraudulent practices
including misrepresentation of facts;
k) If the Agency uses intimidation/threatening or brings undue outside
pressure on the NTPC or NTPC’s group companies, or its official in
acceptance / performance of the job under the contract.
l) If the Agency indulges in repeated and / or deliberate use of delay tactics in
complying with contractual stipulations;
m) If the Agency is found to be involved in cartel formation during bidding.
n) On willful indulgence by the Agency in supplying sub-standard material with
respect to Technical Specifications under the Contract irrespective of
whether pre-dispatch inspection was carried out by Company (NTPC) or
not;
o) 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 (NTPC) or even otherwise;
p) If the Agency is declared bankrupt or insolvent or its financial position has
become unsound, and in the case of a limited company, it is wound up or
liquidated.
q) Established litigant nature of the Agency to derive undue benefit;
r) Continued poor performance of the Agency;
s) If the Agency violates the provisions of the Integrity Pact provided in the
Contract.
t) If the Agency commits fraud as defined under the Fraud Prevention Policy
of NTPC.
u) If the Agency has assigned or transferred the contract or engaged sub-
contractor(s) without the prior approval of the Competent Authority in
violation of the provisions of the contract.
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Policy & Procedure for Withholding/Banning of Business Dealings – Rev 2 dated 01/09/2017
v) If the Agency misuses the premises or facilities of the NTPC forcefully
occupies, tampers or damages the Company’s properties including land,
water resources, forests / trees, etc.
w) If the security consideration, including questions of loyalty of the Agency
to the state, so warrants;
(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).
5.2 Procedure
(a) For Site/Regional Packages where banning is proposed at
Site/Regional level respectively
The concerned department on noticing any non/under performance and/or
irregularities and/or misconduct and/or unethical practice as mentioned
above, shall refer the matter to Convener of the Standing Committee
along with relevant details. The Standing Committee shall analyze the
referred case and if considered appropriate, shall put up the proposal for
issuing Show Cause Notice for the purpose of banning of business
dealings with the Agency for approval of the Competent Authority
In case the Standing Committee recommends waiver of banning of
business dealings with the Agency, the proposal along with reasons
thereof shall be put up for approval of one level above the Competent
Authority.
All the above proposals shall be routed through Vigilance department.
Besides the Standing Committee, Vigilance Department of each Project /
Unit / Corporate Vigilance may also be competent to initiate the proposal
for banning.
(b) For Site Packages where Region wide banning is proposed
For Site cases, if the gravity of the misconduct is such that it would not be
in the interest of the concerned Region as a whole to deal with such an
Agency, the Competent Authority of the Site may put up his
recommendation to RED.
(c) For Site/Regional Packages where Company wide banning is
proposed
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Policy & Procedure for Withholding/Banning of Business Dealings – Rev 2 dated 01/09/2017
For Regional/Site cases, if the gravity of the misconduct is very serious
and it would not be in the interest of NTPC as a whole to deal with such
an Agency, the Competent Authority of the Site/Region may put up his
recommendation to CMD through RED (for site cases), ED(CC&M) and
Chief Vigilance Officer (CVO), NTPC.
(d) For Corporate Packages
The concerned department on noticing any non/under performance and/or
irregularities and/or misconduct and/or unethical practice as mentioned
above, shall refer the matter to Convener of the Standing Committee along
with relevant details. The Standing Committee shall analyze the referred
case and if considered appropriate, shall put up the proposal for issuing
Show Cause Notice for the purpose of banning of business dealings with
the Agency for approval of the Competent Authority.
In case the Standing Committee recommends waiver of banning of business
dealings with the Agency, the proposal along with reasons thereof shall be
put up for approval of CMD.
All the above proposals shall be routed through Vigilance department.
Besides the Standing Committee, Corporate Vigilance and Screening
Committee (under Contractor Performance Feedback and Evaluation
System) may also be competent to initiate the proposal for banning.
5.3 Show Cause Notice
Once the proposal for issuance of Show Cause Notice is approved by the
Competent Authority, a ‘Show Cause Notice’ duly vetted by legal
department shall be issued by the Competent Authority himself or by a
person authorized for the said purpose to the delinquent Agency. The
Agency shall be asked to submit the reply of Show Cause Notice within 15
days of its issuance. Further, the Agency shall be given an opportunity for
Oral hearing to present its case in person, if it so desires, and the date for
Oral Hearing shall be necessarily indicated in the Show Cause Notice.
In cases where investigation has been carried out by Vigilance
Department or CBI etc., the show cause notice will also be vetted by
Vigilance Department before issuance. Statement containing the
imputation of misconduct or misbehavior may be appended to the Show
Cause Notice.
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Policy & Procedure for Withholding/Banning of Business Dealings – Rev 2 dated 01/09/2017
The purpose of issuing the Show Cause Notice is only that the Agencies
concerned shall be given an opportunity to explain their stand before any
action is taken. All that is required in such cases is that the grounds on
which action is proposed to be taken shall be disclosed to the Agency
inviting representation and after considering that representation, orders
may be passed. Such orders require only the subjective satisfaction of the
authority that passed the final orders.
If the Agency requests for inspection of any relevant document in
possession of NTPC, necessary facility for inspection of documents may be
provided.
In cases processed by Vigilance deptt, oral hearing shall be conducted by
a separate committee (constituted on case to case basis) comprising
members from C&M and Vigilance deptt. Additional member(s) from any
other deptt/site as considered appropriate may also be co-opted on case
to case basis.
During the conductance of oral hearing, only the regular employees of
Agency will be permitted to represent the Agency and no outsider shall be
allowed to represent the Agency on its behalf.
Reply to the Show Cause Notice given by the Agency and their
submissions in oral hearing, if any, will be processed by the Standing
Committee for obtaining final decision of the Competent Authority in the
matter. Further, reply to the Show Cause Notice given by the Agency and
submissions in oral hearing, if any, with regards to Vigilance cases shall be
processed by a Separate Committee which shall put up its final
recommendations to the Competent Authority in the matter.
In case, no reply to Show Cause Notice is received from the Agency within
stipulated time, action for processing ex-parte against the concerned
Agency shall be initiated
5.4 Speaking Order
The speaking order for banning the business dealing with the Agency shall
be issued (after vetting by legal deptt) by the Competent Authority himself
or by a person authorized for the said purpose. In cases where
investigation has been carried out by Vigilance Department or CBI etc.,
the speaking order will also be vetted by Vigilance Department before
issuance.
5.5 Communication to Agencies
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Policy & Procedure for Withholding/Banning of Business Dealings – Rev 2 dated 01/09/2017
The decision regarding banning of business dealings taken after the issue
of a Show Cause Notice and consideration of representation, if any, in
reply thereto, shall be communicated to the Agency concerned along with
a reasoned order. The fact that the representation has been considered
shall invariably be mentioned in the communication. Also the fact that if
no reply was received to the Show Cause Notice shall invariably be
indicated in the final communication to the Agency.
5.6 Period of banning
The period for which the ban would be operative may be mentioned in the
order. The banning shall normally be for a period of three years.
However, in cases processed under provisions of Integrity pact and
Contractor Performance Feedback and Evaluation System, the banning
would be operative for a period as specified therein.
In case the information/documents submitted by Agency in competing for
the tender found to be false/forged then NTPC, without prejudice to any
other rights or remedies it may possess, shall recover from Agency the
cost incurred in carrying out physical assessment for establishing veracity
of such information/documents. In case Agency refuses to reimburse such
cost to NTPC then banning period of Agency shall be extended by another
one year.
5.7 Area of Operation
For contracts awarded by Site, banning shall be restricted to such Site
only except where approval has been obtained for Region/Company wide
banning.
For contracts awarded by Region, banning shall be restricted to such
Region only except where approval has been obtained for Company wide
banning.
For contracts awarded by Corporate Centre banning shall apply
throughout the Company.
For Regional/Site wise banning of any Agency, circular for such banning
shall be issued by respective Regions/Sites under intimation to RED and
ED (CC&M). However, in case of company wide banning of any Agency,
circular shall be issued by Corporate Contracts
A Maharatna Company
Policy & Procedure for Withholding/Banning of Business Dealings – Rev 2 dated 01/09/2017
5.8 Effect of Banning
The Agency, after issue of the order of banning of business dealings,
would not be allowed to participate in any future tender enquiry and if the
Agency has already participated in tender process and the price bids are
not opened, his techno-commercial bid will be rejected and price bid will
be returned unopened. However, where the price bids of Agency have
been opened prior to order of banning, bids of Agency shall not be
rejected.
5.9 Process of reply
The Agency shall be separately advised of the decision regarding banning
of business, taken in reply to their representation, if any. As regard any
further representation from the Agency, business dealings with whom
have been banned, the same shall be processed by the concerned C&M
department in consultation with Vigilance department, wherever
applicable. If any reply is considered necessary to be sent to the Agency,
the same shall be sent by the concerned C&M Department.
5.10 Hosting at NTPC website
a) The names of the Agencies with whom Business Dealings have been
banned at Site/Region/Company level shall be hosted at NTPC website by
CC&M (for company wide banning cases) and respective Sites/ Regions
(for respective Site/ Regional cases).
5.11 Appeal against the Decision of the Competent Authority.
The Agency may file an appeal against the order of the Competent
Authority banning of business dealing before Appellate Authority. Such an
appeal shall be preferred within one month from the date of receipt of the
order of banning of business dealing. Appellate Authority would consider
the appeal and pass appropriate order which shall be communicated to
the Agency as well as the Competent Authority.
5.12 Revocation of Orders
a) The banning under ‘Contractor Performance Feedback and Evaluation
System’ shall not be revoked automatically. Such banning shall be revoked
only after re-evaluation of the performance of the Agency by the
Screening Committee as detailed under the `Contractor Performance
Feedback and Evaluation System’.
A Maharatna Company
Policy & Procedure for Withholding/Banning of Business Dealings – Rev 2 dated 01/09/2017
b) In all other cases, an order for banning passed for a certain specified
period shall be deemed to have been automatically revoked on the expiry
of that specified period and it will not be necessary to issue a specific
formal orders of revocation, except that an order of banning passed on
account of doubtful loyalty or security consideration shall continue to
remain in force until it is specifically revoked.
c) An order of banning for the reasons mentioned at para 5.1 (e) above may
be revoked if, in respect of the same facts, the accused has been wholly
exonerated by a Court of Law.
6.0 During the banning/withholding period, if it is found at any stage that
Agency has participated in tender enquiry under a different name then
such Agency would immediately be debarred from the tender/contract and
its Bid Security/Performance Security would be forfeited. Payment, if any,
made shall also be recovered.
7.0 Further in case of banning/withholding following would also be applicable:
(i) Participation of Agency as an Associate/Collaborator of the Main
Contractor
Where Stage-I bids have been opened prior to banning/withholding of
Agency and such Agency has been proposed as Associate/Collaborator
by any of the bidders, in such cases the tendering process shall not be
annulled on this ground and the Agency shall be permitted to continue as
Associate/Collaborator for such bidding.
However where opening of Stage-I bids (Two Stage Bidding) / Envelope-
I Techno-Commercial bids (Single Stage Two Envelope Bidding) has not
taken place prior to banning/withholding of Agency then in such case
Agency shall not be permitted to participate as Associate/Collaborator in
such bidding.
(ii) Participation of Agency as an approved Sub-Vendor of the Main
Contractor
After banning/withholding order, the banned/withheld Agency shall not
be allowed to participate as Sub-Vendor in the tenders for
supplying/manufacturing equipment (s)/component (s)/service if it has
been banned on grounds of supplying sub-standard
material/equipment/service.
Further, if the banned/withheld agency is an approved Sub-vendor
under any Contract for such equipment/component/service, the Main
Contractor shall not be permitted to place work order/Purchase
A Maharatna Company
Policy & Procedure for Withholding/Banning of Business Dealings – Rev 2 dated 01/09/2017
order/Contract on the banned/withheld agency as a sub-vendor after
the date of banning/withholding even though the name of the party has
been approved as a sub-vendor earlier.
(iii) Procurement of spares/awarding of Contracts in operating stations
There would be no bar on procuring the spares and awarding Contracts
towards Annual Maintenance (AMC)/ O&M/ Repair works on Agencies
pertaining to the packages for which they have been banned provided
the Equipment has been supplied by such Agency.
8.0 For JVs/Subsidiaries of NTPC
(i) Tenders/Contracts of JVs/Subsidiaries, whose Pre-award and/ or Post
award activities are handled by NTPC Corporate Centre
The Tenders/Contracts of JVs/Subsidiaries, whose pre-award and/or post
award activities are handled by NTPC Corporate Centre, the cases of
non/under performance and/or irregularities and/or misconduct and/or
unethical practice observed in such tenders/contracts may be processed in
NTPC under the policy and procedures for withholding/banning of business
dealings and/or Contractor Performance Feedback System. The Notice of
Default or Order for Withholding of business dealings (under Para
4.3)/Show Cause Notice or Speaking Order for banning of business dealing
(under Para 5.3 and 5.4), after approval in NTPC, shall be forwarded to
CEO of concerned JVs/Subsidiaries for issuance of such Notice or Order to
the delinquent agency.
Further, the appeal of the Agency against the above Order (under Para
5.12) shall be reviewed by appropriate Appellate Authority in NTPC.
Appellate Authority would consider the appeal and pass appropriate order
which shall be communicated to the Agency as well as the Competent
Authority and CEO of concerned JVs/Subsidiaries.
(ii) The Tenders/Contracts which are handled by JVs/Subsidiaries
themselves
The procedure prescribed in the Banning Policy for Sites shall appropriately
be used by concerned JVs/Subsidiaries to deal with the cases of non/under
A Maharatna Company
Policy & Procedure for Withholding/Banning of Business Dealings – Rev 2 dated 01/09/2017
performance and/or irregularities and/or misconduct and/or unethical
practice observed in tenders/contracts handled by them.
(iii) The Agencies with whom business dealings have been withheld/banned by
NTPC at pan NTPC level, the business dealings with such Agencies shall
be deemed to be withheld/banned in JVs/Subsidiaries of NTPC as well.
Further, for contracts of JVs/Subsidiaries which have been processed at
Corporate Centre of NTPC, business dealings withheld/banned with
Agencies by JVs/Subsidiaries, shall be applicable to NTPC as well.
(iv) Further, for packages awarded from JVs/Subsidiaries, banning of business
dealings at pan NTPC level may be proposed under para 5.2 (c) of this
banning policy.
(v) Further, Agencies with whom Business Dealings have been banned by
JVs/Subsidiaries shall be hosted at websites of concerned JV/Subsidiary and
NTPC.
Package: DEVELOPMENT OF WATER FRONT, LANDSCAPE, PUBLIC
SPACES AND MEMORIAL AT FEROZE GANDHI UNCHAHAR
THERMAL POWER STATION, UNCHAHAR, UP
Sec-V-SCC
Page 1 of 10
SECTION – V
SPECIAL CONDITIONS OF CONTRACT (SCC)
Package: DEVELOPMENT OF WATER FRONT, LANDSCAPE, PUBLIC
SPACES AND MEMORIAL AT FEROZE GANDHI UNCHAHAR
THERMAL POWER STATION, UNCHAHAR, UP
Sec-V-SCC
Page 2 of 10
SECTION - V
SPECIAL CONDITIONS OF CONTRACT
The following Special Conditions of Contract (SCC), Section-V, shall supplement/ amend the
General Conditions of Contract (GCC) Section-IV of Standard Bidding Document, Wherever there
is a conflict, the provisions in SCC shall prevail over those in the GCC of Standard Bidding
Document. The corresponding clause number of the GCC is indicated in parentheses.
NAME OF PACKAGE:
SCC
Cl.
No.
GCC Clause
Ref, if any
Special Condition of Contract
1.0
Definitions
(GCC Clause 1)
NAME OF PACKAGE: Construction of Boundary all for
Township Land at Village Kanchanpur Tahsil Gharghoda
Distt Raigarh for Talaipalli Coal Mining
Address of Employer AGM (C&M)/ Sr. Mgr (C&M)
Shared Services Centre – Coal Mining HQ
NTPC Ltd.,
Coal Mining HQ, Ranchi,
Opposite Chutia Police
Station,
Distt : Ranchi -834001
Registered Office Address:
“NTPC Bhawan” Core No. 7,
Scope Complex, Institutional Area, Lodhi Road,
New Delhi – 110003, India.
The Engineer-in-Charge Head of the Project
Talaipalli CMP
Or his authorized representative
2.0
Laws
governing the
Contract
(GCC Clause
6.1)
This Contract shall be governed by the Indian laws for the time being
in force. The Courts at Ranchi shall have jurisdiction, in all matters.
Package: DEVELOPMENT OF WATER FRONT, LANDSCAPE, PUBLIC
SPACES AND MEMORIAL AT FEROZE GANDHI UNCHAHAR
THERMAL POWER STATION, UNCHAHAR, UP
Sec-V-SCC
Page 3 of 10
SCC
Cl.
No.
GCC Clause
Ref, if any
Special Condition of Contract
3.0
Settlement of
Disputes
(GCC Clause
7)
GCC Sub-
Clause 7.3.3
Place of Arbitration: Ranchi
4.0
GCC Clause
23.3
Rate of interest for mobilization advance and equipment advance shall
be 12.20% per annum.
5.0
GCC Clause
24
Progressive Payment of Bills shall be made on monthly RA Bills basis.
Add following para at the end of clause 24.1 of GCC:
"Bills for the progressive payments shall be submitted by the contractor
monthly".
In order to make the Progressive Interim Payment for the work to be executed
on lump-sum basis, the contractor may submit detailed Billing Break-up (BBU)
of the lump-sum amount for Employer's approval. The BBU so submitted by
the contractor shall be finalized in consultation with Employer.”
6.0
Contract Price
Adjustment
(GCC Clause
25) GCC Sub-
Clause 25.2
The Contract Price Adjustment shall be as follows:
CONTRACT PRICE ADJUSTMENT
25.4.1
The formulae designed for governing and calculating the price
adjustment to be applied to contract price shall be as follows:
CPA = ACP - BCP
Where,
CPA = Price Adjustment
BCP = Base Contract Price
ACP = Adjusted Contract Price
ACP shall be computed as under:
ACP = BCP [ F + mM1 + sS1 + cC1 + dD1 + 0.5xlxL1 + 0.5xlxW1]
M0 S0 C0 D0 L0 W0
F= Fixed component portion of Base Contract Price which will not be subject to
any adjustment under this formula or otherwise = 0.20
l = Labour component of the Base Contract Price which will be sub
ject to
adjustment = 0.15
m = Material component of the Base Contract Price
which will be subject to
adjustment = 0.35
s= Steel component of the Base Contract Price which will be subject to
adjustment = 0.15
c= Cement component of the Base Contract Price which will be subject
to
adjustment =0.10
d= High Speed Diesel/P.O.L component of the Base Contract Price which will
be subject to adjustment = 0.05
Package: DEVELOPMENT OF WATER FRONT, LANDSCAPE, PUBLIC
SPACES AND MEMORIAL AT FEROZE GANDHI UNCHAHAR
THERMAL POWER STATION, UNCHAHAR, UP
Sec-V-SCC
Page 4 of 10
L= Labour index, which shall be the "Index Number" of "Consumer Price Index
for industrial workers: (All India) (General) "as
published by Labour Bureau,
Simla, in their monthly bulletin titled "Indian Labour Journal".
W=Arithmetical average of Minimum Wages for Unskilled, Skilled, Semi-
skilled
and Highly skilled workers notified by the Central Government for the particular
classified Area in which the project site is located or notified by the State
Government of the state in which the project site is located, whichever is higher
M= Material Index, which will be the "Index Number" of "whole-sale prices index
"
under Group "
All Commodities" as published by Ministry of Commerce &
Industry in their monthly bulletin entitled "Index number of wholesale prices".
D= High Speed Diesel Price per litre, which will be the price of High Speed Diesel
Oil at the Indian Oil Corpn. retail
outlet nearest to the project (selling price
inclusive of taxes and duties, if any, per litre of high speed diesel oil.)
S= Index for " MS Wire Rods " under sub-group of "Mild Steel-
Long Products "
under Group of "Manufacture of Basic Metals" as publish
ed by the Office of
the Economic Adviser, Govt. of India / RBI.
C= Index for " Pozzolana Cement " under sub-
group of " Manufacture of cement,
lime and plaster " under Group of "Manufacture of other Non-
Metallic Mineral
Products" as published by Ministry of Commerce and Industry, GOI.
SUBSCRIPT
"
0
" =
Refers to the values of the above mentioned minimum wages, labour/
material/ steel / cement indices or diesel prices, as on seven (7) days
prior to the date of submission of Techno-Commercial bids.
"
1
" =
Refers to the values of the corresponding minimum wages, labour/ material/
steel / cement indices, or diesel prices, as applicable, for the month
prior to the month in which the work is executed, for which adjustment
is applicable respectively.
In case
there is a revision in the applicable minimum wages during a
month,
calculation of 'W1' would take into consideration the weighted
average of the applicable wages (wage before revision and wage after
revision) and the number of days of applicability of suc
h wages in the
month.
7.0
Time for
The entire scope of work covered under this Contract shall be
Completion
completed within
1
8
(
Eighteen
) months
from the date of Letter of
Intent/
(GCC Sub
-
Letter of Award.
Clause 29.2)
Package: DEVELOPMENT OF WATER FRONT, LANDSCAPE, PUBLIC
SPACES AND MEMORIAL AT FEROZE GANDHI UNCHAHAR
THERMAL POWER STATION, UNCHAHAR, UP
Sec-V-SCC
Page 5 of 10
SCC
Cl.
No.
GCC Clause
Ref, if any
Special Condition of Contract
8.0
Liquidated
damages for
Delay
(GCC Sub-
Clause 29.6)
GCC Sub-
Clause 29.6.1
The Contractor shall ensure adequate progress during the execution of the
work according to the bar chart/work schedule incorporated in the Contract so
that following activities are completed in the period allowed in the bar
chart/work schedule and as further shown below. The value of these items to
be completed in identified periods is shown as a percentage of the total
contract value for the purpose of calculation of Liquidated damages for Delay
in case the Contractor fails to complete the work on or before scheduled or
extended date of completion as per clause 29.2 & 29.5 of GCC.
Note: The percentage indicated in column 3 indicates the cost of
quantity of Works to be done in all the items of ‘Schedule of Quantities’
for the Work indicated in column 4.
The liquidated damages shall be charged at the rate of 0.5 % (Half
Percent) per every week of delay of the value of the Work shown above
if there is delay for a particular stage or the entire value of Contract if the
whole of the Work is d e l a y e d .
The total amount of liquidated damages payable by the Contractor for
delay in stage wise completion or completion of the whole Work shall
not exceed 7.5 % of the Contract Value as awarded.
9.0
Materials for MATERIALS TO BE ISSUED BY THE EMPLOYER FREE OF COST – NOT
the
APPLICABLE
performance of
the Contract
(GCC Clause
34.(b).(i))
10.0
Methodology of
Construction &
Equipment
Mobilisation
Add new Clauses 32.4 to 32.8 as under:
32.4. The Contractor shall arrange at his own expense all tools, plant and
equipment including Crane(s) (hereinafter referred to as T&P) required
for execution of the work.
32.4.1 If the Contractor requires any item of T&P on hire from the
(GCC Clause
S. N.
Period from
the date of
Letter of
Award
Value of
works
( as
Cumulative
% of total
value of
work ) to be
completed
during the
period
Description of works in
progress / to
be completed during the
period
1. 2 3 4
1 18 Months 100% All work
Package: DEVELOPMENT OF WATER FRONT, LANDSCAPE, PUBLIC
SPACES AND MEMORIAL AT FEROZE GANDHI UNCHAHAR
THERMAL POWER STATION, UNCHAHAR, UP
Sec-V-SCC
Page 6 of 10
SCC
Cl.
No.
GCC Clause
Ref, if any
Special Condition of Contract
32.4 to 32.8)
(New Clauses)
Corporation, the corporation will, if such item is available, hire it to the
Contractor at an hourly rate to be fixed by the Engineer-in- Charge.
32.4.2 The T&P shall be given to the Contractor on hire by the Corporation
for a period of one hour or its multiple thereof. In case the T&P is hired
by the Contractor for a period of four hours or less, the hire charges
applicable for a minimum period of four hours shall be recovered from
the Contractor’s bills. In case the T&P is hired by the Contractor for a
period exceeding four hours, the hire charges shall be calculated
based on the charges applicable as per hourly rate. The hire charges
in respect of T&P given on hire to the Contractor by the Corporation
shall be recovered from the Contractor’s bills.
32.4.3 For accounting purpose, total working hours shall be considered to be
the period between time of placement of T&P to the Contractor at the
requested location and time of release of the same. This shall be
logged in Record Book on daily basis and shall be signed between
Contractor/ Subcontractor and the Engineer-in-charge or his
authorised representative. In case the T&P issued to the Contractor is
not owned by the Corporation but hired from another agency, the
authorised representative of the agency providing the T&P will also
sign the said Record Book. In case the Contractor contests
correctness of any entry and/or fails to sign the Record Book the
decision of the Engineer-in-Charge shall be final and binding on him.
Hire charges shall be calculated in accordance with the entries in the
Record Book.
32.4.4 The Contractor will be exempted from levy of any charges for the
number of days he is called upon in writing by the Engineer-in- Charge
to suspend execution of the work, provided Corporation’s T&P/T&P
hired by the Corporation in question has, in fact, remained idle with the
Contractor because of the suspension, provided the Contractor, in
case the period of suspension exceeds 11 days, returns Corporation’s
T&P/T&P hired by the Corporation to the place from where it was
issued.
32.5.1 T&P owned by Corporation
The hire charges will cover financing cost, charges of crew,
depreciation, stores for maintenance and cleaning purposes and fuel
needed to start a machine at the time of issue. All other charges such
as cost of fuel for running a machine, engine oil, kerosene oil, etc., for
working Corporation’s T&P, and all unskilled labour and water required
for servicing/wash out shall be borne by the Contractor. The
Contractor shall permit the Engineer-in-Charge to carry out periodical
maintenance of Corporation’s T&P in accordance with the provision
there for in the aforesaid Schedule, and there will be no deduction in
hire charges for the period spent on such maintenance.
However, the Contractor shall be allowed to return the tools and plants
(issued by the Corporation) for purposes of repairs and for the duration
of such repairs no hire charges shall, be levied.
The Contractor shall be responsible for care and custody of
Corporation’s T&P (including employment of chowkidars) during the
period Corporation’s T&P remain with him and any damage (fair wear
and tear excepted) to any of the equipment (except for Excepted Risks
provided always the Contractor has taken
Package: DEVELOPMENT OF WATER FRONT, LANDSCAPE, PUBLIC
SPACES AND MEMORIAL AT FEROZE GANDHI UNCHAHAR
THERMAL POWER STATION, UNCHAHAR, UP
Sec-V-SCC
Page 7 of 10
SCC
Cl.
No.
GCC Clause
Ref, if any
Special Condition of Contract
precautions necessary to protect it from such risks) shall be made
good at the Contractor’s expense to the satisfaction of the Engineer-
in-Charge unless such damage is caused because of negligence of
crew provided by the Corporation.
32.5.2 T&P hired by the Corporation
The hourly hiring rate for T&P hired by the Corporation from another
agency and issued to Contractor shall be all inclusive rate including
the cost of hiring, operation & maintenance charges, fuel charges and
other charges.
32.6 The Corporation gives no guarantee in respect of output of T&P hired
to the Contractor and no reduction in rates or any compensation shall
be allowed on the ground that out turn or performance of Corporation’s
T&P/T&P hired by the Corporation was not to the Contractor’s
expectation.
32.7 The T&P hired to the Contractor shall be returned at the place of issue
by the Contractor to the Engineer-in-Charge (unless otherwise
directed) on execution of the work or section of the work at the end of
the day. In case the T&P is used by the Contractor in continuation of
previous requisition and the crane has not moved out of his work area,
then the movement of crane for fresh requisition(s) by the Contractor
within his work area shall be to the Contractor’s account.
32.8 The Corporation shall be entitled to terminate the hire without
assigning any reason whatsoever and the Contractor shall have no
claim to any payment of compensation or otherwise whatsoever on
account of termination of hire of T&P issued by the Corporation. On
termination of the hire by the Corporation, the Contractor shall return
the T&P at the place of issue unless otherwise directed by the
Engineer-in-Charge.
11.0
Construction
Add the following at the end of GCC Clause 41:
Construction Power and Construction Water Supply and Staff/ Labour
Colony:
12.1 The contractor shall arrange for construction water from
underground/local sources. All borings, pipe lines, pumps, water tankers,
underground storage tank, over-ground storage tank, etc, whatsoever
required for taking the water from the underground source to the site of
work shall be provided / erected / constructed / maintained by the
contractor at his own cost. NTPC may provide a source of Construction
Water supply depending on availability at any one point/location on free
of cost basis, the extension from this source to the working site and other
uses shall be under the scope of the contractor. Contractor shall not be
entitled to any compensation on account of the quality and availability of
water from NTPC.
12.2 The Contractor shall not be entitled to any compensation on account of
the expenditure incurred in arranging the construction water.
12.3 NTPC may provide construction power as per site availability at any one
point/location on free of cost basis. Extension of line from this point to the
working site and other uses shall be under the scope of the contractor.
Contractor shall not be entitled to any compensation on account of the
quality and availability of power from NTPC.
Power and
Construction
Water Supply
and Staff/
Labour Colony
(GCC Clause 41
& 41.2)
Package: DEVELOPMENT OF WATER FRONT, LANDSCAPE, PUBLIC
SPACES AND MEMORIAL AT FEROZE GANDHI UNCHAHAR
THERMAL POWER STATION, UNCHAHAR, UP
Sec-V-SCC
Page 8 of 10
SCC
Cl.
No.
GCC Clause
Ref, if any
Special Condition of Contract
12.4 The contractor shall make his own arrangement for accommodation of
labour/staff. However, accommodation for few staff like residential/site
manager may be arranged in the NTPC Township quarters depending
on availability.
12.0
Defect Liability
Period: (GCC
Clause 45)
Add Sub-Clause 45.1.1
On expiry of the period mentioned as defect liability period (GCC Clause
45), contractor’s liability ceases except for latent defects. The contractor’s
liability for latent defect shall be limited to a period of five (5) years from the
end of Defect liability period for the subject package. For the purpose of this
clause the latent defects shall be the defects inherently lying within the
material or arising out of design deficiency which do not manifest
themselves during the defect liability period but may surface later.
13.0
GCC Clause
No.46.0
The Bank Guarantee and Insurance Charges for the extended period
on account of delays attributable to the Employer shall be reimbursed
at the following rates :
Rate applicable for Insurance Charges:
(I) Basic Rates* (in INR)
(i) Extension upto 6 months may be granted on "Pro-Rata +
20%" basis of the original premium
(ii) Extensions exceeding 6 months but not exceeding 9
months : 0.56 per thousand of Sum Insured
(iii) Extensions exceeding 9 months but not exceeding 12
months : 0.64 per thousand of Sum Insured
(iv) Extensions exceeding 12 months but not exceeding 15
months : 0.72 per thousand of Sum Insured
(v) Extensions exceeding 15 months but not exceeding 18
months : 0.80 per thousand of Sum Insured
(vi) Extensions exceeding 18 months but not exceeding 21
months : 0.88 per thousand of Sum Insured
(vii) Extensions exceeding 21 months but not exceeding 24
months : 0.96 per thousand of Sum Insured
(viii) Extensions exceeding 24 months but not exceeding 30
months : 1.04 per thousand of Sum Insured
(ix) Extensions exceeding 30 months but not exceeding 36
months : 1.12 per thousand of Sum Insured
(x) Extensions exceeding 36 months but not exceeding 42
months : 1.20 per thousand of Sum Insured
(xi) Extensions exceeding 42 months but not exceeding 48
months : 1.28 per thousand of Sum Insured
Rate applicable for BG
Charges
: 0.25% p.a. + GST or actual,
whichever is lower, subject to
documentary evidence.
Package: DEVELOPMENT OF WATER FRONT, LANDSCAPE, PUBLIC
SPACES AND MEMORIAL AT FEROZE GANDHI UNCHAHAR
THERMAL POWER STATION, UNCHAHAR, UP
Sec-V-SCC
Page 9 of 10
SCC
Cl.
No.
GCC Clause
Ref, if any
Special Condition of Contract
(xii) Extensions exceeding 48 months : insurance charges shall
be mutually agreed with the contractor
(II) Additional Cover*
In addition to above the rate of premium applicable for
'Earthquake' and 'Terrorism' cover shall be as under :
(Rates in INR)
*Notes:
(i) These rates are applicable for standard deductibles.
(ii) The extension shall be done on the same terms and conditions
as that of the original policy.
(iii) The extension referred herein shall be the extension of insurance
policy period and insurance charges shall be calculated as under:
Say, extension is of 12 months, then insurance charges shall be
reimbursed @ Rs 0.64 per thousand of Sum Insured; if extension
is for 24 months then insurance charges shall be reimbursed @
Rs 0.96 per thousand of Sum Insured; and so on.
(iv) The Insurance charges shall be reimbursable on the rates as
above or actual, whichever is lower, subject to the documentary
evidence.
*These rates are applicable for standard deductibles which is package
specific. The extension shall be done on the same terms and conditions
as that of the original policy.
Accordingly, the Insurance charges shall be reimbursable on the
rates as above or actual, whichever is lower, subject to the
documentary evidence
14.0
GCC Clause
No.52.0
Replace the existing GCC Clause 52 with the following :
52.0 Contractor Performance Feedback and Evaluation System
The Employer has in place an established ‘Contractor Performance and
Feedback System’ against which the Contractor’s performance during the
execution of Contract shall be evaluated on a continuous basis at regular
Earthquake Zone-I : 1.00 per thousand of Sum
Insured / Annum
Earthquake Zone-II : 0.50 per thousand of Sum
Insured / Annum
Earthquake Zone-III & IV : NIL
Terrorism : 0.30 per thousand of Sum
Insured / Annum
Package: DEVELOPMENT OF WATER FRONT, LANDSCAPE, PUBLIC
SPACES AND MEMORIAL AT FEROZE GANDHI UNCHAHAR
THERMAL POWER STATION, UNCHAHAR, UP
Sec-V-SCC
Page 10 of 10
SCC
Cl.
No.
GCC Clause
Ref, if any
Special Condition of Contract
intervals on the following seven parameters:
Engineering & Quality Assurance Capability
Finance
Supply
Construction/ Installation
Field Quality
Safety
Claims & Disputes
The score-based feedback formats based on which Contractor’s performance
shall be evaluated is enclosed at Annexure-A.
In case the performance of the Contractor is found unsatisfactory, the
Contractor shall be considered ineligible for participating in future tenders for
three years.
On completion of the above ineligibility period, the Contractor would be
required to submit a request to NTPC for participating in future tenders
specifying the measures taken to improve their performance. The Contractor
may also request for early revocation of suspension after completion of at least
two (2) year of the suspension period. On receipt of such request, the
performance of the Contractor shall be assessed/evaluated by NTPC and if the
performance is found to be satisfactory, the Contractor shall be considered
eligible for participation in future tenders. Existing GCC Clause No. 52.0
shall be read as under:
52.1 ADHERENCE TO FRAUD PREVENTION POLICY
The Contractor along with their associate/collaborator/sub-
contractors/sub-vendors/consultants/service providers shall strictly
adhere to the 'Fraud Prevention Policy' of the Employer displayed on its
tender website http://www.ntpctender.com.
The Contractor alongwith their associate/collaborator/sub-
contractors/sub-vendors/consultants/service providers shall observe
the highest standard of ethics and shall not indulge or allow any body
else working in their organization to indulge in fraudulent activities
during execution of the contract. The Contractor shall immediately
apprise the Employer about any fraud or suspected fraud as soon as it
comes to their notice.
15.0
GCC Clause 55
(New Clause)
Add a New GCC Clause 55 as below :
The applicable Schedule of Rates shall be CPWD-DSR-2016 for civil works.
16.0
GCC Clause 56
(New Clause)
Add a New GCC Clause 56 as below :
Clause No. 56 Limitation of Liability:
56.1 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
SCC
Cl.
No.
GCC Clause
Ref, if any
Special Condition of Contract
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.
17.0
GCC Clause 56
(New Clause)
Add a New GCC Clause 57 as below :
Clause no. 57 No Claim for interest or damage
57.1. 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.
57.2 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.
18.0
New
provisions
Provisions with regard to safety have been attached as
Annexure
-
II
to
SCC.
Sec-V-SCC
Page 10 of 10
TALAIPALLI COAL MINING PROJECT (TOWNSHIP BOUNDARY WALL)
BRIEF SCOPE OF WORK
1 | P a g e
Brief Scope of work
1.0 Site Information
Introduction: NTPC Talaipalli coal mining Block is located in Gharghoda Tehsil of
Raigarh district of Chhattisgarh.
Nearest Town: Raigarh 55 KMs (appx.)
Nearest Railway Station: Raigarh 55 KMs (appx.) - (On Mumbai Howrah Route )
Nearest Airport: Raipur 300 KMs (appx.)
PROJECTED CAPACITY: 18 Million Ton per year.
The coal mining project will produce 18 Million Ton of coal annually through
opencast mining method.
Brief Introduction of the Project:
The area of Talaipalli coal block is 2113 Hectre,(5174 Acre Appx) wherein
boundary pillars have been erected along the block boundary to clearly
demarcate the limits of the block. Talaipalli block is about 55 km away from
Raigarh city and is close to Tehsil Headquarters at Gharghoda situated on
Raigarh-Ambikapur State Highway. The nearest railway station is Raigarh
which is 55 km away from Talaipalli block lying on the Mumbai-Howrah main
line of SE railways. Kelo River is flowing through the south-eastern part of the
present area. Coal produced will cater the fossil fuel requirement of 4000 MW
NTPC Lara Thermal power project at Raigarh.
NTPC is constructing a Township at Village Kanchanpur , Tahsil Gharghoda ,
Distt Raigarh. Village Kanchanpur is approx. 05 Kms from Gharghoda Town
and Gharghoda Town is approx. 40 KMs from Raigarh District Headquarters.
NTPC envisages to construct boundary wall for its under construction
Township. The approximate length of boundary wall is 6000m (6KMs)
TALAIPALLI COAL MINING PROJECT (TOWNSHIP BOUNDARY WALL)
BRIEF SCOPE OF WORK
2 | P a g e
The scope of the work shall mean and include:
2.1 Construction of the boundary wall with - All civil works (below ground
and above ground) pertaining to foundation , brick work, AAC Block
work etc.
2.2 Architectural works like painting, plastering etc.
2.3 Fencing works – erection of steel posts, concertina coil fencing
2.4 Construction of drains
2.5 Performance and fulfilment of all other obligations of the Contractor in
accordance with the provisions of the contract agreement and matters
incidental thereto or necessary for the performance of any or all of the
obligations of the Contractor under this Contract.
2.6 Working in harmony with existing civil , electrical and other agencies for
timely completion of work.
2.7 Conducting initial ground level survey and liasioning with state govt
revenue officials as and when required.
2.8 Complying with safety provisions during contract period and defect
liability period
2.9 Maintenance of the constructed facility during defect liability period in
accordance with the provisions of this Agreement and in conformity with
the requirements set forth in specifications
TALAIPALLI COAL MINING PROJECT (TOWNSHIP BOUNDARY WALL)
BRIEF SCOPE OF WORK
3 | P a g e
APPENDIX – II
LIST OF SUGGESTED PLANT, EQUIPMENT AND MACHINERY
REQUIRED TO BE DEPLOYED BY CONTRACTOR AT SITE
--------------------------------------------------------------------------------------------------------------------------
S.No. Description Nos.
--------------------------------------------------------------------------------------------------------------------------
1. Hydra of requisite capacity As required
2. Trailers - 10 to 15 MT capacity 02
3. Diesel Power generator 40KVA capacity As required
4. Diesel Power generator 10KVA capacity As required
5. Welding generator / rectifiers - 400A to 600A As required
6. Gas Cutting torches (complete set) As required
7. Lab equipment As per Part-C
TALAIPALLI COAL MINING PROJECT (TOWNSHIP BOUNDARY WALL)
BRIEF SCOPE OF WORK
4 | P a g e
8. Batching plant – 15 Cum/Hr. As required
9. Concrete mixers 10/7 Cum/Hr.capacity(Electrically/Diesel operated) 2
10. Transit mixer - minimum 5.0 Cum capacity. 02
11. Pan Mixer 02
12. Excavator (Poclain and J.C.B.) 1+2
13. Rock drillers and breaker 1+1
14. Vibrators - Needle type 40mm (Electrically operated) 02
15. Vibrators - Needle type 25mm (Electrically operated) 05
16. Vibrators - Needle type 40mm (Petrol operated) 05
17. Vibrators - Float (Diesel Operated) as required
18. Vibrators - PLATE (Diesel Operated) as required
19. De-watering pumps 5 H.P (Electrically operated) 2
20. De-watering pumps 10 H.P (Electrically operated) As required
21. Bull Dozer (Heavy Duty) As required
22. Dumpers As required
23. Trucks As required
24. Scaffolding units(prop system- Pipe) As required
26. Service compressor with hose As required
S.No. Description Nos.
--------------------------------------------------------------------------------------------------------------------------
28. Builder's Hoist (for concrete and other building material) 3
29. Portable Marble / Tile cutting machine As required
30. Stone Cutting / Polishing Workshop fixed with heavy duty
machines As required
31. Total workstation for surveying including digital theodolite
and digital level 01
32. Plywood Shuttering / steel plates shuttering Minimum 1000 sqm
(to be augmented as per site requirement)
33. Hand roller 02
34. Sheep foot roller As required
35. Road roller 10T As required
36. soil compactor As required
TALAIPALLI COAL MINING PROJECT (TOWNSHIP BOUNDARY WALL)
BRIEF SCOPE OF WORK
5 | P a g e
37. concrete cutter As required
37. Water tankers with tractors 04
38. Electrical power winches for varying capacities 02
39. Safety nets,PPES, ladders, ramps,Fall arresters As required
40. Material shifting trolleys with rail As required
41. Any other major equipment proposed to be used for the satisfactory
completion of work
NOTES :
a) These requirements and capacity of the equipment are indicative only
and not exhaustive and deployment of the equipment, machinery and
labour shall be suitably augmented to achieve the timely completion of
the work as per the program and directions of the Engineer-in-Charge,
without any additional cost to Owner.
b) Other materials like cables, sling, gloves goggles, safety belts, safety
helmets, heating oven, pre-heating / post weld heat treatment
arrangements, material for making platforms and platform supports
etc. shall be mobilised as per requirement.
c) Other equipment though required for the timely completion of the job
and but not listed above shall be deployed by the contractor, as per
the job requirements and as directed by the Engineer-in-Charge.
d) The contractor shall make suitable provisions for repairs and
maintenance of the equipment mobilised and always keep them in
good working condition, as the repair facilities for such equipment are
not available at the project site.
e) All concreting shall be carried out using centralised/mobile batching
plant, transit mixers, concrete pumps. However individual mixers for
localised concreting can be done for PCC work and small qty. of RCC
work after the approval of Engineer-in-charge, if required.
NTPC Limited
(A Govt. of India Enterprise)
BIDDING DOCUMENTS
SECTION – VIII
(FORMS AND PROCEDURES)
(BOOK 1 OF 3)
TABLE OF FORMS AND PROCEDURES
SECTION-VIII (BOOK 1 OF 3)
---------------------------------------------------------------------------------------------------------------------------
SL.NO. DESCRIPTION
---------------------------------------------------------------------------------------------------------------------------
1
BID FORM TECHNO-COMMERCIAL BID
2
ATTACHMENT - 1 BID SECURITY
2.1
ATTACHMENT – 1A TENDER FEE
3
ATTACHMENT - 2 DOCUMENTS RELATED TO LEGAL STATUS OF BIDDER
4
ATTACHMENT – 3 FORM FOR QUALIFICATION DETAILS
ATTACHMENT – 3A BID CAPACITY
ATTACHMENT – 3B DETAILS REGARDING ANTICIPATION OF CHANGE IN
OWNERSHIP
5
ATTACHMENT – 4 LIST OF SIMILAR WORKS ON HAND & PERCENTAGE
COMPLETED BY THE BIDDER
6
ATTACHMENT - 5 FORM FOR LIST OF CONTRACTS EXECUTED
7
ATTACHMENT - 6 FORM FOR EQUIPMENT/ MACHINERY DEPLOYMENT SCHEDULE
ATTACHMENT – 6A FORM FOR SAFETY EQUIPMENT & SAFETY PERSONAL
PROTECTIVE EQUIPMENTS
8
ATTACHMENT - 7 FORM FOR TO BE SUBMITTED AT SITE AFTER AWARD OF
WORK
9
ATTACHMENT - 8 FORM FOR LIST OF FINANCIAL DOCUMENTS
10
ATTACHMENT - 9 FORM FOR GENERAL DECLARATION BY BIDDER
11
ATTACHMENT - 10 FORM FOR DETAILS OF FATAL ACCIDENTS
12
ATTACHMENT - 11 ELECTRONIC FUND TRANSFER
13
ATTACHMENT - 12 INTEGRITY PACT
14
ATTACHMENT -13 FORM (INFORMATION REGARDING SAFETY
MANAGEMENT)
15
ATTACHMENT -13A REGISTRATION WITH SAFETY COUNCIL OF INDIA (SCI)
16
ATTACHMENT - 14 CERTIFICATE FOR COMPLIANCE TO ALL PROVISIONS OF
BIDDING DOCUMENTS
17
ATTACHMENT - 15 FORM FOR ACCEPTANCE OF FRAUD PREVENTION POLICY
18
ATTACHMENT - 16 FORM OF DECLARATION OF BANNING POLICY
19
ATTACHMENT - 17 FORM OF ACCEPTANCE NTPC SAFETY RULES
20
ATTACHMENT - 18 ACCEPTENCE OF FULL COMPLIANCE ON QUALIFYING
REQUIREMENTS
CAUTION LIST
BIDDER MAY TAKE NOTE OF THE PROVISIONS OF BIDDING DOCUMENTS INCLUDING
FOLLOWING POINTS (INDICATIVE BUT NOT EXHAUSTIVE) WHILE SUBMITTING IT’S BID:
Sl. No. Description Action/Compliance required
1. Bid Security
(EMD)
Bidder to ensure that bid security (EMD) is submitted in original (except
cases where e-payment is permitted), duly signed in original by
authorized signatory and stamped on each page, strictly as per the
format specified in bidding documents, failing which the bid shall be
rejected.
2.
Tender Fee
Bidder to ensure that tender fee is submitted in original (except cases
where e-payment is permitted) strictly as specified in bidding documents,
failing which the bid shall be rejected.
-Applicable
3. Integrity Pact Bidder to ensure that Integrity Pact (As applicable) is submitted in
original, duly signed in original by authorized signatory and stamped on
each page, strictly as per the format specified in bidding documents.
Scanned/Photocopy of these original documents without signature
in original shall not be acceptable and shall be rejected.
-Applicable
4. Joint Deed of
Undertaking/JV
Agreement
Bidder to ensure that Joint Deed of Undertaking/JV Agreement (As
applicable) are submitted in original, duly signed in original by authorized
signatory and stamped on each page, strictly as per the format specified
in bidding documents. Scanned/Photocopy of these original
documents shall not be acceptable and shall be rejected.
- Not Applicable
5.
Power
of
Attorney
Power of attorney, duly notarized by a notary public, indicating that the
person(s) signing the bid has/have the authority to sign the bid and the
bid is binding upon the bidder during the full period of its validity. The
Power of Attorney should be supported by a copy of board
resolution/other relevant documents to demonstrate the
authority of the person issuing the Power of Attorney.
Note:
Date of Purchase of Stamp paper of instruments like Bid Security, Joint Deed of
Undertaking, JV agreement etc. should be on or before the date of execution of such
instruments. Power of Attorney should be dated not later than the date of signing of
the bid.
6.
GSTIN details
Bidder must provide GSTIN details in the bid.
7. Acceptance of
General
Technical
Evaluation(GTE)
conditions online
while submitting
bid
It is mandatory for the bidders to accept GTE conditions online while
submitting bids. Following conditions are specified in the GTE:
a)
Compliance to All Provisions of Bidding Documents
(NIL Deviation Certificate)
b)
Acceptance of NTPC Safety Rules
c)
Acceptance of NTPC Fraud Prevention Policy
d)
Declaration On Banning Policy
e)
Acceptance
of
full compliance on Qualifying
Requirements
1. BID FORM
(TECHNO-COMMERCIAL BID)
BID FORM (TECHNO-COMMERCIAL BID)
Date :
NAME OF CONTRACT : ………………..
BID FORM
Page 1 of 5
BID DOCUMENT NO. ………………………..
To,
Shared Services Centre – Coal Mining HQ
NTPC Ltd.,
Coal Mining HQ, Ranchi,
Opposite Chutia Police Station,
Distt : Ranchi -834001
Dear Sir,
1.0 Having examined the Bidding Documents No. ……………… including subsequent
amendments and clarifications (if any), the receipt of which is hereby acknowledged, we the
undersigned, submit our bid for the Works under the above-named Contract Package, in
full conformity with the said Bidding Documents.
2.0
Attachments to the Bid form:
In line with the requirement of the Bidding Documents we enclose herewith the following
Attachments to the Bid Form (Delete whichever is not applicable):
(a)
Attachment 1: Bid Security in the form of (Please fill in the alternative chosen) for
a sum of INR (Indian Rupees ) (in figures & words) valid for a period of forty-five
(45) days beyond the stipulated initial bid validity period. As required, the Attachment-
1 (i.e. Bid Security) has been furnished in a separate sealed envelope.
(b)
Attachment 1A: Tender Fee in the form of (Please fill in the alternative chosen)
for a sum of INR (Indian Rupees ) (in figures & words). As required, the
Attachment-1A (i.e. Tender Fee) has been furnished in a separate sealed envelope.
(b)
Attachment 2: The documents ascertaining our legal status and Power of Attorney
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.
(c)
Attachment 3: The documentary evidence establishing in terms of ITB Clause
11.1.1 (B) (c) & (g), that we are qualified to perform the Contract if we are selected for
award of the Contract. The qualification data has been furnished as per your format
enclosed with the Bidding Documents.
Attachment 3A: Declaration by us regarding maximum value of works performed
during the last 7 (seven) years as on the date of bid opening of Techno-
Commercial bids and details of existing commitments and works to be completed
during the next 3 years as on the date of bid opening of Techno-Commercial bids.
Attachment 3B: Details regarding anticipation of change in ownership.
(d)
Attachment 4: Details of Works similar to the subject package being executed by us.
(e)
Attachment 5: Details of the Contracts executed by us in the last ten (10) years.
BID FORM
Page 2 of 5
(f)
Attachment 6: The deployment schedule of the equipment/ machinery/ lab equipment
we propose to deploy for the Work under this Bid.
Attachment 6A: The minimum numbers of Safety Equipment & safety Personal
Protective Equipment to be brought at site at the time of mobilization for the Work
under this Bid.
(g)
Attachment 7: The Sub-Contactors and the broad scope of Work for each of the sub-
contracting Works proposed for subcontracting by us and the complete credentials of
each of the agencies as per your format.
(h)
Attachment 8: Consisting of the following:
1.
Solvency Certificate from Bankers. – Not Applicable
2.
Balance Sheet and Profit & Loss Statement (of last 3 years duly certified by
Chartered Accountant).
3.
List of Immovable Assets of Proprietor/ Partners (in case of Proprietary/
Partnership firm).
4.
Declaration regarding – Not Applicable
(i)
Bank Guarantee Limits (Sanctioned and utilised).
(ii)
Over draft limits/ cash credit limit (Sanctioned and utilised).
(iii)
Deferred Payment Limits.
(iv)
Fixed Deposits
(v)
Movable Property Hypothecation.
5.
PAN Number
6.
Cash flow statement for execution of the subject package.
(TO BE SUBMITTED WITH PRICE PROPOSAL)
7.
GST Identification Number (GSTIN)”
(i)
Attachment 9: Declaration regarding our careful examination of all the Bidding
Documents and visit to the Site for the purposes of this bid, as per your format.
(j)
Attachment 10: Details of the fatal/ non-fatal accidents taken place in the last three
(3) years at various construction projects executed/ being executed by us.
(k)
Attachment 11: Authorisation Form for release of payments through Electronic Fund
Transfer System.
(l)
Attachment 12: Integrity Pact duly signed and filled by us. Further, the above is
enclosed in a separate sealed envelope.
BID FORM
Page 3 of 5
(m)
Attachment 13 : Information regarding Safety Management.
Attachment-13A: Registration with Safety Council of India (SCI)
(n)
Attachment 14: Compliance to the provisions of Bidding Documents
(o)
Attachment 15 : Declaration regarding abiding by Fraud Prevention Policy of
NTPC displayed on NTPC’s website http://www.ntpctender.com.
(p)
Attachment 16: Declaration on Policy for withholding and Banning of Business
Dealings
(q)
Attachment 17: Declaration regarding abiding by Safety Policy of NTPC displayed
on NTPC’s website http://www.ntpctender.com.
(r)
Attachment 18: Declaration regarding Acceptance of full compliance on Qualifying
Requirements
3.0
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 furnished our compliance to the provisions of the Bidding Documents and its
subsequent Amendment(s)/Clarification(s)/Addenda/Errata by accepting the following
General Technical Evaluation (GTE) condition on-line:
"Do you certify compliance to all provisions of Bid Doc?"
Acceptance of above GTE conditions 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.
3.1
We further declare that additional conditions, variations, deviations to the provisions of
bidding documents and its subsequent Amendment(s)/ Clarification(s)/ Addenda/ Errata, if
any, found in our proposal, shall not be given effect to.
4.0 We undertake, if our bid is accepted, to commence work immediately upon your Letter of
Award to us and to achieve Completion of Work within the time specified in the Bidding
Documents.
5.0 If our bid is accepted, we undertake to provide Advance Payment Security, Contract
Performance Securities and securities for Deed(s) of Joint Undertaking (as applicable) in
the form and amounts and within the times specified in the Bidding Documents.
BID FORM
Page 4 of 5
6.0 We agree to abide by this bid for a period of six (6) months 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 the expiration of that period.
7.0 Until a formal Contract is prepared and executed between us, this bid, together with your
written acceptance thereof in the form of your Letter of Award/ PO shall constitute a binding
contract between us.
8.0 We understand that you are not bound to accept the lowest or any other bid you may receive.
Further we understand that NTPC 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 situation.
9.0
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, and 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 : Name of Authorised Person
Place : Designation
Business Address :
Fax No. :
Phone No. :
Note : 1. Bidders may note that no prescribed proforma has been enclosed for:
(a)
Attachment 2 (Legal Documents)
(b)
Financial Documents to be submitted in Attachment 8.
ATTACHMENT – 1
Page 1 of 1
BID SECURITY
BIDDER TO FURNISH BID SECURITY IN LINE WITH
ITB CLAUSE 14.0 AND AS PER FORMAT GIVEN
AT SL. NO. 1 OF SECTION VIII
(FORMS & PROCEDURES) – BOOK 3 OF 3
ATTACHMENT – 1A
Page 1 of 1
TENDER FEE
BIDDER TO FURNISH TENDER FEE IN LINE WITH
ITB CLAUSE 14.10
ATTACHMENT – 2
Page 1 of 1
DOCUMENTS RELATED TO LEGAL STATUS OF BIDDER
BIDDER TO ATTACH THE LEGAL DOCUMENTS IN
ACCORDANCE WITH ITB SUB-CLAUSE 11.1.1(B)(b)
ATTACHMENT – 3
PAGE 1 OF 13
(Details pertaining to Technical Criteria of Qualification Requirement
as per Para V of IFB/ NIT)
A)
To satisfy the requirements specified in Para V of IFB/ NIT, we give below the following details:
In order to satisfy the Qualifying Requirements stipulated at Clause No. 1.0 of Para V of IFB/ NIT, we declare
that we have executed civil works comprising of RCC work and Brick work within the preceding seven (7) years
reckoned as on the date of Techno Commercial Bid Opening, as per the details given below:-
Sl.
Name
of
Name
&
Name
of
Name &
Scope of work
Date
Date of
Total value of
No.
Client
and
address
of
Work/
Address of
included in the
of
completi
work
full
address
Project/
Contract
the
bidder's order
(RCC Work
and Brick work)
Start
on/
executed
with
Plant where
along with
Contractor
of
executio
/completed
Telephone
the
Order/
on whom
Work
n
of
(Total value
and
Fax
qualifying
LOA
No.
the order for
work
of work done
No.
job
& Date
executing
in last seven
executed
the
years from
reference
the date of
work was
techno
-
placed by
commercial
the Owner
bid opening)
1.
2.
3.
We further confirm that notwithstanding anything stated above, the Employer reserves the right to
undertake a physical assessment of the capacity and capabilities including financial capacity and
capability of the Bidder / his Collaborator(s) / Associate(s) / Subsidiary(ies) / Group Company(ies) to
perform the Contract, should the circumstances warrant such assessment in the overall interest of the
Employer.
Date : (Signature)..........................................
Place : (Printed Name of Authorised person
having Power of attorney.................
(Designation)......................................
(Company seal)...................................
Note: (1) Continuation Sheets of like size and format may be used as per Bidder Requirement and shall
be annexed to this attachment.
ATTACHMENT – 3
PAGE 2 OF 13
(2)
The reference plants / installations / works whose details have been declared as per the specified
format in this Attachment 3 above shall only be considered to ascertain the bidder's compliance
to Qualifying Requirement (QR). Bidders are not permitted to quote more than three (03)
times the numbers of works specified in QR for this purpose.
The Employer at its discretion may seek clarification and / or documentary evidence only for the
reference plants / installations 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)
Bidder to ensure that certificate issued by the client covers / includes all parameters of QR.
Further, the Bidder is required to submit the copy of last bill passed.
ATTACHMENT – 3
PAGE 3 OF 13
(Details pertaining to Financial Criteria of Qualification Requirement
as per Para V of IFB/ NIT of the Bid Data Sheet)
A)
To satisfy the requirements specified in Clause No. 2.0 of Para V of IFB/ NIT, We give below
the following details:
a)
In terms of Clause No. 2.0 (a) of Para V of IFB/ NIT, we confirm that our average annual
turnover during the preceding three financial years as on date of Techno-commercial bid opening
is not less than INR 747 Lakh. In support of above, we are enclosing Audited Financial
Statements.
Sl.No Financial Year Amount in Rs.
1. 2016 – 2017
2. 2017 - 2018
3. 2018 - 2019
4. Average Annual Turnover for the preceding three
(3) Financial Years as on date of Techno-
Commercial Bid Opening.
5. We have enclosed Audited financial statements
for the last 3 financial years at
Annexure to
Attachment-3
6. Since we are not able to furnish our audited financial
statements, on stand alone entity basis, we are
submitting the following documents for
substantiation of our Qualification :
(a)
Copies of unaudited unconsolidated financial
statements of the bidder alongwith copies of
the audited consolidated financial statements
of
our Holding Company for the last 3 years
enclosed at Annexure to
this Attachment 3.
(b)
Certificate from the CEO/CFO of the Holding
company stating that the unaudited
unconsolidated financial statements form part
of the consolidated Financial Statements of
the Holding Company, is enclosed as per the
format at Appendix-A to this Attachment-3.
Enclosed at Annexure
7. Audited results for the last financial year as on the
date of Techno-Commercial bid opening enclosed
YES */NO*
YES */NO*
ATTACHMENT – 3
PAGE 4 OF 13
In case not enclosed, financial results certified by
a practicing chartered accountant enclosed
Enclosed at Annexure
YES */NO*
In case financial results certified by a practicing
chartered accountant not enclosed, then Audited
financial statements for FY 2015-2016 also
enclosed.
Enclosed at Annexure
Further, a Certificate from the CEO/CFO of the
Bidder stating that the Financial results of company
are under audit as on the date of Techno-
Commercial Bid Opening and the certificate from
the practicing chartered accountant certifying the
financial parameters is not available, is enclosed
Annexure as per
the format at Appendix-C to this Attachment-3.
b)
Since we do not satisfy the Financial Criteria stipulated at Para 2.0(a) of QR, on our Own, we
give below the following details of our Holding Company :
1.
Name and Address of the Holding Company:
2.
Turnover of the Holding Company with following details:
Sl.No Financial Year Amount in INR
a)
2016 – 2017
b)
2017 - 2018
c)
2018 - 2019
d) Average Annual Turnover for the preceding three
(3) Financial Years as on date of Techno-
Commercial Bid Opening.
e) We have enclosed audited Financial Statements
for the preceding three (3) Financial years
Annexure to
Attachment-3
Sl.
No
Description As on last day of the
preceding financial year
3.
Paid-up Share Capital of the Holding Company
4.
Net Worth of the Holding Company
5.
%age of Net worth to Paid-up Share Capital of the
Holding Company
ATTACHMENT – 3
PAGE 5 OF 13
Sl.
No
Description As on last day of the
preceding financial year
6.
A Letter of Undertaking from the Holding Company,
supported by Board Resolution of the Holding Company,
pledging unconditional and irrevocable financial support
for execution of the contract by the bidder in case of
award is enclosed as per the format at Appendix-B to
this Attachment-3. A power of attorney of the person
signing on behalf of holding company is also enclosed
at Annexure to this
Attachment-3.
7.
Documentary evidence like Annual Report/Audited
financial statements together with relevant schedules for
the preceding financial year/ certification of financial
statements from a practicing Chartered Accountant etc.
in respect of holding company in support of above is
enclosed at Annexure to this
Attachment-3.
8.
Audited results for the last financial year as on the date
of
Techno-Commercial bid opening enclosed
In case not enclosed, financial results certified by a
practicing chartered accountant enclosed
YES */NO*
YES */NO*
Enclosed at Annexure
In case financial results certified by a practicing
YES
*/NO*
chartered accountant not enclosed, then Audited financial
statements for FY 2015-16 also enclosed.
Further, a Certificate from the CEO/CFO of the Holding
Company stating that the Financial results of company are
under audit as on the date of Techno-Commercial Bid
Opening and the certificate from the practicing chartered
accountant certifying the financial parameters is not
available, is enclosed Annexure as per the
format at Appendix-C to this Attachment-3.
Enclosed at Annexure
Date : (Signature)..........................................
Place : (Printed Name of Authorised person
having Power of attorney.................
(Designation)......................................
(Company seal)...................................
ATTACHMENT – 3
PAGE 6 OF 13
DEVELOPMENT OF WATER FRONT, LANDSCAPE, PUBLIC SPACES AND MEMORIAL AT
FEROZE GANDHI UNCHAHAR THERMAL POWER STATION, UNCHAHAR, UP
(Details pertaining to Financial Criteria of Qualification Requirement
as per Para V of IFB/ NIT)
Dear Sirs,
B)
To satisfy the requirements specified in Clause No. 2.0(b) of Para V of IFB/ NIT, We give below
the following details:
a)
We hereby confirm that net worth of our company as on the last day of the preceding financial year is
not less that 100% of its paid-up share capital. The Details are as under:
Sl. No
Description As on last day of the preceding
financial year
1.
Paid-up Share Capital
2.
Net Worth
3.
%age of Net worth to Paid-up Share Capital
4.
Documentary evidence like Audited financial statements
for the preceding financial year* in support of above
is enclosed at Annexure to this
Attachment-3.
5.
Since we are not able to furnish our audited financial
statements, on stand alone entity basis, we are submitting
the following documents for substantiation of our
Qualification :
(a)
Copies of unaudited unconsolidated financial
statements of the bidder alongwith copies of the
audited consolidated financial statements of our
Holding Company for the last 3 years enclosed at
Annexure to this Attachment 3.
(b)
Certificate from the CEO/CFO of the Holding
company stating that the unaudited unconsolidated
financial statements form part of the consolidated
Financial Statements of the Holding Company, is
enclosed as per the format at Appendix-A to this
Attachment-3.
Enclosed at Annexure
ATTACHMENT – 3
PAGE 7 OF 13
6.
Audited results for the last financial year as on the date
of Techno-Commercial bid opening enclosed
YES */NO*
In case not enclosed, financial results certified by a
practicing chartered accountant enclosed
YES */NO*
Enclosed at Annexure
In case financial results certified by a practicing chartered
accountant not enclosed, then Audited financial
statements for FY 2015-2016 also enclosed.
YES */NO*
Enclosed at Annexure
Further, a Certificate from the CEO/CFO of the Bidder
stating that the Financial results of company are under
audit as on the date of Techno-Commercial Bid Opening
and the certificate from the practicing chartered accountant
certifying the financial is not available, is
enclosed
Annexure as per the format at
Appendix-C to this Attachment-3.
b)
Since we do not satisfy the Financial Criteria stipulated at Clause No. 2.0(b) of Para V of IFB/ NIT, on our
Own, we give below the following details of our Holding Company :
1.
Name and Address of the Holding Company:
Sl.
No
Description As on last day of the preceding
financial year
2.
Paid-up Share Capital of the Holding Company
3.
Net Worth of the Holding Company
4.
%age of Net worth to Paid-up Share Capital of the
Holding Company
5.
We have enclosed audited Financial Statements for
the preceding three (3) financial years
YES */NO*
Enclosed at Annexure
Sl.
No
ATTACHMENT – 3
PAGE 8 OF 13
Description As on last day of the preceding
financial year
Audited results for the last financial year as on the
date of Techno-Commercial bid opening enclosed
In case not enclosed, financial results certified by a
practicing chartered accountant enclosed
YES */NO*
YES */NO*
Enclosed at Annexure
In case financial results certified by a practicing
YES
*/NO*
chartered accountant not enclosed, then Audited
financial statements for FY 2015-16 also enclosed.
Further, a Certificate from the CEO/CFO of the
Holding Company stating that the Financial results of
company are under audit as on the date of Techno-
Commercial Bid Opening and the certificate from the
practicing chartered accountant certifying the financial
is not available, is enclosed Annexure as per
the format at Appendix-C to this Attachment-3.
Enclosed at Annexure
c)
Since we do not satisfy the Financial Criteria stipulated at Clause No. 2.2 of Para V of IFB/ NIT, on our
Own, we give below the following details of our subsidiary or subsidiaries of Holding Company :
1.
Name and Address of our subsidiary or subsidiary(ies) o f Holding Company:
Sl.
No
Description As on last day of the preceding
financial year
2.
Paid-up Share Capital
3.
Net Worth
4.
%age of Net worth to Paid-up Share Capital
5.
We have enclosed audited Financial Statements for
the preceding three (3) Financial years
6.
Sl.
No
ATTACHMENT – 3
PAGE 9 OF 13
Description As on last day of the preceding
financial year
Audited results for the last financial year as on the
date of Techno-Commercial bid opening enclosed
In case not enclosed, financial results certified by a
practicing chartered accountant enclosed
YES */NO*
YES */NO*
Enclosed at Annexure
In case financial results certified by a practicing
YES
*/NO*
chartered accountant not enclosed, then Audited
financial statements for FY 2015-16 also enclosed.
Further, a Certificate from the CEO/CFO of
subsidiaries of the Holding Company stating that the
Financial results of company are under audit as on
the date of Techno-Commercial Bid Opening and the
certificate from the practicing chartered accountant
certifying the financial is not available, is enclosed
Annexure as per the format at Appendix-C to
this Attachment-3.
Enclosed at Annexure
(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.
(iv)
For Turnover indicated in foreign currency, the exchange rate as on seven (07) days prior to
the date of techno-commercial bid opening shall be used.
Date : (Signature)..........................................
Place : (Printed Name of Authorised person
having Power of attorney.................
(Designation)......................................
(Company seal)...................................
6.
APPENDIX-A
TO ATTACHMENT – 3
PROFORMA OF CERTIFICATE FROM THE CEO/CFO OF THE HOLDING COMPANY
(To be submitted by Bidder alongwith the Techno-Commercial Bid)
Ref. : Date :
To
Shared Services Centre - CMHQ
Dear Sirs,
1.0 I, Mr. ............................... (CEO of the Company / CFO of the Company)* declare that M/s. .................................... (Name of the
Holding Company) is the Holding Company of M/s ......................................... (Name of the Bidder).
2.0 I hereby confirm and undertake that the unaudited unconsolidated financial statements submitted in respect of the bidder as part of the
bid reference no. ............................... dated ............................. have been considered for the purposes of the finalisation of Consolidated
Financial Statements of the Holding Company as part of the Annual Reports.
3.0 I further, certify that the figures in the unaudited unconsolidated financial statements are true and correct and same have been duly
reflected in the audited consolidated financial statements and / or Annual Report of the Holding Company.
Yours faithfully
(Signature)
Date : (Name & Designation)..........................................
Place : (Name of the Holding Company) ...........................
(Seal of Holding Company) .....................................
Note : *Strike off whichever is not applicable.
APPENDIX-B
TO ATTACHMENT – 3
PROFORMA OF LETTER OF UNDERTAKING
(TO BE FURNISHED ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)
(To be executed by the Holding Company Supported by
Board Resolution and submitted by the Bidder alongwith the Techno-Commercial Bid,
Applicable to the Bidder for meeting the stipulated Financial Qualifying
Requirement)
Ref. : Date :
To
Shared Services Centre - CMHQ
Dear Sirs,
1.0 We, M/s................................ declare that we are the holding company of M/s ............................... (Name of the Bidder) and have
controlling interest therein.
M/s. .................................. (Name of the Bidder) proposes to submit the bid for the package .................................. (Name of the
package) for ............................ (Name of the Project) under bid reference no. ........................... dated ......................... and have sought
financial strength and support from us for meeting the stipulated Financial Qualifying Requirement as per Clause 5.2.0(a) of Bid Data
Sheet.
2.0 We hereby undertake that we hereby pledge our unconditional & irrevocable financial support for the execution of the said package to
M/s ..................................... (Name of the Bidder), in case they are awarded the Contract for the said package, at the end of the bidding
process. We further agree that this undertaking shall be without prejudice to the various liabilities that M/s ..................................... (Name
of Bidder) would be required to undertake in terms of the Contract including the Performance Security as well as other obligations of
the Bidder/Contractor.
3.0 This undertaking is irrevocable and unconditional, and shall remain in force till the successful execution and performance of the
entire contract and/or till it is discharged by Employer.
4.0 We are herewith enclosing a copy of the Board Resolution in support of this undertaking.
Yours faithfully
(Signature of Authorised Signatory
on behalf of the Holding Company)
(Name & Designation)..........................................
(Name of the Holding Company).....................................
(Seal of the Holding Company)...............................................
Witness :
(1) ..................................
(2) ..................................
Date:
Place:
APPENDIX-C
TO ATTACHMENT - 3
………… PACKAGE
FOR
…………………………… POWER PROJECT,
BID DOCUMENT NO. ………………
PROFORMA OF CERTIFICATE FROM THE CEO/CFO OF THE
COMPANY IN ACCORDANCE WITH QR
(To be submitted by Bidder alongwith the Techno-Commercial Bid)
Ref. : Date :
To
Shared Services Centre - CMHQ
Dear Sirs,
1.0 I, Mr. ............................... (CEO of the Company / CFO of the Company)* confirm and undertake that the Financial results of the
company for the preceding financial year to be submitted in respect of the bidder as part of the bid reference no. ...............................
dated ........................... are under audit as on the date of Techno-Commercial Bid Opening for “…………..Name of Package ............... ”
and the certificate from the practicing chartered accountant certifying the financial parameters for the preceding financial year is not
available.
Yours faithfully
(Signature)
Date : (Name & Designation)..........................................
Place : (Name of the Company) ...........................
(Seal of Company) .....................................
Note : *Strike off whichever is not applicable.
Attachment – 3A
Page 1 of 2
(Declaration of Available Bid Capacity)
Dear Sirs,
1.0 We understand that available Bid Capacity shall be calculated as per formula stipulated hereunder:
Available Bid Capacity (Rs. Crore) = (A X N X1.5 - B)
A = Maximum value of works performed in any Year during last seven years (Rs. Crore)
N = Completion time of the subject Work in years.
B = Value of existing commitments and works to be completed during the next N Years (Rs. Crore)
2.0 In this regard, details of (i) Value of works performed during the last 7 (Seven) years as on the date of bid opening of Techno- Commercial
bids and (ii) details of existing commitments and works to be completed during the next 12 months as on the date of bid opening of Techno-
Commercial bids, duly certified by a practicing Chartered Accountant have been enclosed as per details placed at Annexure-I to this
Attachment-3A.
Based on details as per Annexure-I to this Attachment
A = Maximum value of works performed during the last 7 years as on the date of bid opening of Techno-Commercial bids = (Rs.
Crore)
B = Maximum value of existing commitments and works to be completed* during the next 18 Months
#
as on the date of bid opening of
Techno-Commercial bids = (Rs. Crore)
* The same shall be based on firm Order/ Commitments in hand.
# Value of existing commitments and works to be completed for 12 Months shall be taken from the details in Annexure-I to this
Attachment.
Attachment – 3A
Page 2 of 2
3.0
Bid Capacity
Bid Capacity as per the Formula at Para 1.0 above and details at Para 2.0 above (duly certified by a practicing Chartered Accountant as per
details placed at Annexure-I to this Attachment-3A) works out to (Rs Crore)
We hereby confirm that:
(a)
* Available Bid Capacity' at the expected time of Bidding is more than 110% of the estimated cost of the works, mentioned in the IFB.
OR
(b)
* if the present commitments and works to be completed during the next 12 months are such that the available Bid Capacity is less than
110% of the estimated cost of the works, mentioned in the IFB, the details of alternative arrangements to be organized by us for this
purpose are also furnished and are attached as Annexure-II to this Attachment-3A. The same shall be subject to Employer’s acceptance.
[*Strike out (a) or (b) whichever is not applicable]
Annexure-I to Attachment – 3A
Page 1 of 2
8
(Certificate by a practicing Chartered Accountant)
To
Shared Services Centre - CMHQ
Dear Sirs,
Name of the Bidder and address: ……………………………………………
We hereby certified the following details of Bidder:
(i)
value of works performed during the last 7 (Seven) years as on the date of bid opening of Techno-Commercial bids and
(ii)
details of existing commitments and works to be completed during the next 3 years as on the date of bid opening of Techno-
Commercial bids as under.
* Maximum value of works performed during the last 7 years as on the date of bid opening of Techno-Commercial bids.
Sl. No. Financial Year Value of works performed
in (Rs. Crores)
(i)
2018-2019
(ii)
2017-2018
(iii)
2016 - 2017
(iv)
2015 - 2016
(v)
2014 - 2015
(vi)
2013 – 2014
(vii)
2012 – 2013
A * Maximum value of works performed in a Year (out of above last preceding 7 years is ................. (Rs. In Crores)
Annexure-I to Attachment – 3A
Page 2 of 2
*
Value of existing commitments and works to be completed* during the next 12 months as on the date of bid opening of Techno-
Commercial bids.
Sl. No. Financial Year Value of existing commitments and
works (RS. In Crores)
(i) 2019-2020
(ii) 2020 – 2021 (Apr-July)
(iii) 2020 – 2021 (Aug-sept.)
(iv) 2020 – 2021 (oct-dec)
(v) 2020 – 2021 (Jan – March)
*
The same shall be based on firm Order/ Commitments in hand.
Date : Signature of Chartered Accountant …………..
(Printed Name) …………………………………
Place :
Designation ……………………………………..
ATTACHMENT – 3B
Page 1 OF 1
(Details regarding anticipation of change in ownership)
To
Shared Services Centre - CMHQ
Dear Sirs,
We hereby confirm that we do not anticipate any change in ownership during proposed period of execution of work (if such a change is
anticipated, the scope and effect thereof shall be defined). The relevant document for same is enclosed at Annexure to this Attachment-3B.
Date : Name of Authorised Person
Place : Designation
ATTACHMENT - 4
Page 1 of 1
(LIST OF SIMILAR WORKS ON HAND & PERCENTAGE COMPLETED BY THE BIDDER)
i) Details of similar works on hand
Status as on
Sl.
No
.
Detailed
Description
of works
Name of
Owner/
Client,
name of
person &
contact
details of
contact
person
Quantity
of earth
work in
embank-
ment
formation
Total
Value as
awarded
(Rs. in
lacs)
Value of
works
as
execute
d (Rs. In
lacs)
Time Schedule Percentage of
work completed
as on (Date)
……
Remarks
&
Highlight
s of work
Enclose a
statement for
each work
regarding cash
flow of work
upto expected
completion in
terms of
money (specify
page/ Annex.
No.)
Date of
Commence
-ment
Date of
completion
Physical
Financial
Sch
.
Act.
Sch
.
Anti-
cipate
d
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
1
2
3
Note: Bidder shall enclose a statement for each work regarding cash flow of expected work upto completion in term of money (specify Page/
Annex No.)
ATTACHMENT - 5
(LIST OF CONTRACTS EXECUTED)
Details of similar works executed in last ten (10) years
Sl.
No
Detailed
description
of works*
Name of
Employer/Client
Name of person &
address of contact
person
Quantity)
Total Value
as awarded
(Rs. In crore)
Total Value
as executed
(Rs. In crore)
Date of
commencement
Sch Act
Date of completion
Sch Act
Note : Bidder may enclose additional sheets, if required.
ATTACHMENT - 6
(EQUIPMENT/ MACHINERY DEPLOYMENT SCHEDULE)
All other T&P as per Technical Specifications
LIST OF SUGGESTED PLANT, EQUIPMENT AND MACHINERY
REQUIRED TO BE DEPLOYED BY CONTRACTOR AT SITE
--------------------------------------------------------------------------------------------------------------------------
S.No. Description Nos.
--------------------------------------------------------------------------------------------------------------------------
1. Hydra of requisite capacity As required
2. Trailers - 10 to 15 MT capacity 02
3. Diesel Power generator 40KVA capacity As required
4. Diesel Power generator 10KVA capacity As required
5. Welding generator / rectifiers - 400A to 600A As required
6. Gas Cutting torches (complete set) As required
7. Lab equipment As per Part-C
8. Batching plant – 15 Cum/Hr. As required
9. Concrete mixers 10/7 Cum/Hr.capacity(Electrically/Diesel operated) 2
10. Transit mixer - minimum 5.0 Cum capacity. 02
11. Pan Mixer 02
12. Excavator (Poclain and J.C.B.) 1+2
13. Rock drillers and breaker 1+1
14. Vibrators - Needle type 40mm (Electrically operated) 02
15. Vibrators - Needle type 25mm (Electrically operated) 05
16. Vibrators - Needle type 40mm (Petrol operated) 05
17. Vibrators - Float (Diesel Operated) as required
18. Vibrators - PLATE (Diesel Operated) as required
19. De-watering pumps 5 H.P (Electrically operated) 2
20. De-watering pumps 10 H.P (Electrically operated) As required
21. Bull Dozer (Heavy Duty) As required
22. Dumpers As required
23. Trucks As required
24. Scaffolding units(prop system- Pipe) As required
26. Service compressor with hose As required
S.No. Description Nos.
--------------------------------------------------------------------------------------------------------------------------
28. Builder's Hoist (for concrete and other building material) 3
29. Portable Marble / Tile cutting machine As required
30. Stone Cutting / Polishing Workshop fixed with heavy duty
machines As required
31. Total workstation for surveying including digital theodolite
and digital level 01
32. Plywood Shuttering / steel plates shuttering Minimum 1000 sqm
(to be augmented as per site requirement)
33. Hand roller 02
34. Sheep foot roller As required
35. Road roller 10T As required
36. soil compactor As required
37. concrete cutter As required
37. Water tankers with tractors 04
38. Electrical power winches for varying capacities 02
39. Safety nets,PPES, ladders, ramps,Fall arresters As required
40. Material shifting trolleys with rail As required
41. Any other major equipment proposed to be used for the satisfactory completion of work
NOTES :
a) These requirements and capacity of the equipment are indicative only and not exhaustive and deployment of the
equipment, machinery and labour shall be suitably augmented to achieve the timely completion of the work as per the
program and directions of the Engineer-in-Charge, without any additional cost to Owner.
b) Other materials like cables, sling, gloves goggles, safety belts, safety helmets, heating oven, pre-heating / post weld heat
treatment arrangements, material for making platforms and platform supports etc. shall be mobilised as per requirement.
c) Other equipment though required for the timely completion of the job and but not listed above shall be deployed by the
contractor, as per the job requirements and as directed by the Engineer-in-Charge.
d)The contractor shall make suitable provisions for repairs and maintenance of the equipment mobilised and
always keep them in
good working condition, as the repair facilities for such equipment are not available at the project site.
e) All concreting shall be carried out using centralised/mobile batching plant,
transit mixers, concrete pumps. However individual mixers for localised concreting can be done for PCC work and small qty. of RCC work after the approval of
Engineer-in-charge, if required.
ATTACHMENT – 6A
Page 1 of 1
SAFETY EQUIPMENT & SAFETY PERSONAL PROTECTIVE EQUIPMENTS
Sl No Equipment Type/ Capacity
Min Nos
required
to be
deployed
at site
No.
proposed
to be
deployed
at site
No. already
available for
immediate
deployment
at site
Period by which
balance
equipment will
be deployed at
site
Place from
where balance
equipment will
be bought at
site
Number
intended
to be
purchased
Period by
which New
T&P can be
deployed
1
Suggested List of Safety
Equipments and Safety
Personal Protective
Equipments to be deployed:
Safety Helmet & safety
Shoes:
Industrial Safety Helmet
(IS:2925-1984 marked)
50 Nos.
each
Industrial Safety/ Electrical
Shoes
50 Nos.
each
(IS:15298
-
2002 marked)
Note:-
1)
These quantities of the equipment are minimum only and not exhaustive and deployment of the equipment, shall be suitably
augmented as per the program and directions of the Engineer, without any additional cost to Owner.
2)
Other equipments like cables, sling, gloves, goggles, safety belt, heating oven, pre-heating arrangement, material for making platform
and platform support etc. shall be mobilised as per requirement.
3)
Other equipment though required for the execution of the job and but not listed above shall be deployed by the contractor, as per the
job requirements and as directed by the Engineer.
4)
The contractor shall make suitable provisions for repairs and maintenance of the equipment mobilised and always keep them in good
working conditions, as the repair facilities for such equipment are not available at the project site.
ATTACHMENT – 7
PAGE 1 OF 1
SUB-CONTRACTORS
(TO BE SUBMITTED AT SITE AFTER AWARD OF WORK)
Dear Sirs,
The following details in respect of each Sub-Contractor proposed by us in our bid are annexed to this Attachment .
1.
Name of the Sub-Contractor and the broad scope of work proposed to be sub-contracted to him.
2.
The following details of the Sub-Contractor:
(i)
Similar work executed in Industrial/ Infrastructure projects in the last seven (7) years including achievements. Details shall clerarly
indicate the name & address of the client, period of execution, the nature/ scope of work, major civil/ structural/ architectural
quantities in his scope and physical progress achieved on monthly/ yearly basis.
(ii)
List of plant & equipment proposed for deployment indicating whether the plant of equipment are lying idle and/or will be diverted
from other works indicating likely date of release by client.
(iii)
Technical manpower available for deployment.
(iv)
Financial status for last three (3) years
(v)
Letter of confirmation from the Sub-Contractor, signifying his confirmation to execute the Work.
Further, a letter from each of our proposed sub-contractor, conveying their willingness to work with us in case of award, is also enclosed.
Note : 1. The Bidder shall furnish the above details for each of the agencies/sub-contractors separately as per clause no.11.2 (g) of ITB.
2. The format of the Letter of confirmation shall be as given at S. No. 13 of Forms and Procedures, Section VIII.
Date : Name of Authorised Person
Place : Designation
ATTACHMENT – 8
PAGE 1 OF 1
(LIST OF FINANCIAL DOCUMENTS)
The following Documents are annexed to this attachment.
1.
Solvency Certificate (from Bankers) issued not earlier than fifteen (15) days prior to the scheduled
date of Techno-commercial bid opening of the package. – NOT APPLICABLE
2.
Audited Annual Report of last 3 years.
3.
List of IMMOVABLE Assets of Partners/Directors (In case of Proprietary / Partnership firm).
4.
Declaration by Bankers or the Chartered Accountant regarding, - NOT APPLICABLE
i)
Bank guarantee Limit (Sanctioned and utilised).
ii)
Over draft Limits/Cash Credit Limit (Sanctioned and utilised).
iii)
Deferred Payment Limits.
iv)
Fixed Deposits.
v)
Movable Property Hypothecation.
(Please state the present utilisation status also).
5.
PAN NUMBER
6.
Cash flow statement for execution of the subject package :- TO BE SUBMITTED WITH PRICE
PROPOSAL.
7.
GST Identification Number (GSTIN)
SSS
Date : Name of Authorised Person
Place : Designation
SSS
Date : Name of Authorised Person
Place : Designation
ATTACHMENT – 9
PAGE 1 OF 1
(GENERAL DECLARATION BY BIDDER)
Dear Sirs,
We hereby confirm that :
1.
We have carefully read General Conditions of Contract, Special Conditions of Contract, Technical
Specification and Bid Drawings (including amendments/ errata) and Schedule of Quantities and all other
Bidding documents.
2.
Our technical team/ technically competent officer visited the site to apprise our selves about availability
of construction materials, unskilled labour, access to site and other infrastructure/enabling facilities
(including availability of water/power) needed for the execution of the contract.
Date : Name of Authorised Person
Place : Designation
ATTACHMENT – 10
PAGE 1 OF 1
(DETAILS OF FATAL ACCIDENTS)
Dear Sirs,
We declare that the details of fatal/ non-fatal accidents that took place during the last three (3) years at
various construction projects for works awarded to us are as given below :
Sl.
No.
Name & Address of Project
where accident took place
Nature of accident
Fatal/
Non Fatal
Reasons for accident
1
2
3
4
5
Note : Bidder to furnish details of each accident giving the date/ period of occurrence of such accident
Date : Name of Authorised Person
Place : Designation
ATTACHMENT – 11
PAGE 1 OF 3
(ELECTRONIC FUND TRANSFER)
Bidder's Name & Address : To
Shared Services Centre - Auraiya
NTPC Ltd.,
Auraiya Gas power station
PO : Dibiyapur, Distt : Auraiya (U.P) 206244
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)
(C)
BRANCH ADDRESS
ATTACHMENT – 11
PAGE 2 OF 3
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)
5.
GST IDENTIFICATION NUMBER (GSTIN)
ATTACHMENT – 11
PAGE 3 OF 3
6.
E-MAIL ADDRESS FOR INTIMATION REGARDING RELEASE OF PAYMENTS
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
ATTACHMENT - 12
Page 1 of 6
INTEGRITY PACT
Between
NTPC Ltd., a Govt. of India Enterprise
(hereinafter referred to as "The Employer")
and
....................……………………………………………………………………………………………………
……………………………………………(name and address of sole Bidder)*
or
Joint Venture comprising of
……………………………………………………………………………………………………..……………
……………………………………………………………………………………………………………………
…………………………………………………………...............................................................................
..............................................................(name and address of all Joint Venture Partners)*
(hereinafter referred to as "The Bidder/ Contractor")
* Bidder to strike out whichever is not applicable
Preamble
The Employer invites the bids from all eligible bidders and intends to enter into contract for
DEVELOPMENT OF WATER FRONT, LANDSCAPE, PUBLIC SPACES AND MEMORIAL AT FEROZE GANDHI
UNCHAHAR THERMAL POWER STATION, UNCHAHAR, UP Package with the successful bidder(s), as per
organizational systems and procedures. The Employer values full compliance with all relevant laws
and regulations, and the principles of economical use of resources, and of fairness and transparency
in its relations with its Bidder(s) and/or Contractor(s).
Page 2 of 6
In order to achieve these goals, the Employer will appoint an Independent External Monitor (IEM), who
will monitor the bidding process and the execution of the contract for compliance with the principles
mentioned above.
Section 1 Commitments of the Employer
1.
The Employer Commits itself to take all measures necessary to prevent corruption and to
observe the following principles in this regard:-
a)
No employee of the Employer, either in person or through family members including
relatives, will in connection with the bidding for or the execution of a contract, demand or
accept a promise for or accept for him/herself or for a third person, any material or
immaterial benefit to which he/she is not legally entitled to.
b)
The Employer shall, during the bidding process treat all Bidders with equity and reason.
The Employer will, in particular, before and during the bidding process, provide to all
Bidders the same information and will not provide to any Bidder confidential/additional
information through which the Bidder(s) could obtain an advantage in relation to the
bidding process or the contract execution.
c)
The Employer will exclude from the process all known prejudiced persons.
2.
If the Employer obtains information on the conduct of any of its employees which is a criminal
offence under the IPC/PC Act or if there be a substantive suspicion in this regard, the Employer
will inform the Chief Vigilance Officer and in addition can initiate disciplinary actions.
Section 2 Commitments and Undertakings by the Bidder/Contractor
1
The Bidder/Contractor commits and undertakes to take all measures necessary to prevent
malpractices & corruption. He commits himself to observe the following principles during his
participation in the bidding process and during the execution of the contract:
a)
The Bidder/ Contractor undertakes not to, directly or through any other person or firm
offer, promise or give or influence to any employee of the Employer associated with the
bidding process or the execution of the contract or to any third person on their behalf any
material or immaterial benefit which he/she is not legally entitled, in order to obtain in
exchange any advantage of any kind whatsoever during the bidding process or during
the execution of the contract.
Page 3 of 6
b)
The Bidder/ Contractor undertake not to enter into any undisclosed agreement or
understanding, whether formal or informal with other Bidders. This applies in particular
to prices, specifications, certifications, subsidiary contracts, submission or non-
submission of bids or any other action to restrict competitiveness or to introduce
cartelization in the bidding process.
c)
The Bidder/Contractor undertakes not to commit any offence under the relevant Anti-
corruption Laws of India; further the Bidder/Contractor will not use improperly, 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 for purposes of competition or personal gain and
will not pass the information so acquired on to others.
d)
The Bidder/ Contractor will, when presenting his bid undertakes, to disclose any and all
payments 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 and allure third persons/parties to commit offences
outlined above or be an accessory to such offences.
Section 3 Disqualification from Bidding Process and Exclusion from Future Contracts
1.
If the Bidder(s)/ Contractor(s), before award or during execution has committed a transgression
through a violation of any provisions of Section 2 or in any other form so as to put his reliability
or credibility as Bidder into question, the Employer shall be entitled to disqualify the Bidder(s)/
Contractor(s) from the bidding process or to terminate the contract, if signed on that ground.
2.
If the Bidder/ Contractor has committed a transgression through a violation of Section 2 such as
to put his reliability or credibility into question, the Employer shall be entitled to exclude including
blacklist and put on holiday the Bidder/ Contractor for any future tenders/contract award process.
The imposition and duration of the exclusion will be determined by the severity of the
transgression. The severity will be determined by the Employer taking into consideration the full
facts and circumstances of each case particularly taking into account the number of
transgressions, the position of the transgressors within the company hierarchy of the Bidder and
the amount of the damage. The exclusion will be imposed for a minimum of 3 years.
Page 4 of 6
3.
A transgression is considered to have occurred if the Employer after due consideration of the
available evidence concludes that no reasonable doubt is possible
4.
The Bidder with its free consent and without any influence agrees and undertakes to respect
and uphold the Employer's absolute rights to resort to and impose such exclusion and further
accepts and undertakes not to challenge or question such exclusion on any ground, including
the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking
is given freely and after obtaining independent legal advice.
5.
Subject to full satisfaction of the Employer, the exclusion of Bidder/ Contractor could be revoked
by the Employer if the Bidder/ Contractor can prove that he has restored/ recouped the damage
caused by him and has installed a suitable corruption prevention system in his organization.
SECTION 4 Compensation for Damages including Forfeiture of Earnest Money Deposit
/Security Deposit / Performance & Advance Bank Guarantees
1.
If the Employer has disqualified the Bidder/ Contractor from the bidding process or has
terminated the contract pursuant to Section 3, the Employer shall forfeit the Earnest Money
Deposit/Bid Security, encash Contract Performance Bank Guarantees and Advance Bank
Guarantee(s) in addition to excluding the bidder from the future award process and terminating
the contract.
2.
In addition to 1 above, the Employer shall be entitled to take recourse to the relevant provisions
of the contract related to Termination of Contract due to Contractor's Default.
Section 5 Previous Transgressions
1
The Bidder swears on oath that no previous transgression occurred in the last three years
immediately before signing of this Integrity Pact, with any other company in any country
conforming to TI approach or including with any Public Sector Enterprise/ Undertaking in India
or any Government Department in India that could justify bidder's exclusion from the tender
process.
2
If the Bidder makes incorrect statement on this subject, Bidder can be disqualified from the
bidding process or the contract, if already awarded, can be terminated on this ground.
Section 6 Company Code of Conduct
Bidders are also advised to have a company code of conduct (clearly rejecting the use of bribes and
other unethical behaviour) and a compliance program for the implementation of the code of conduct
throughout the company.
Page 5 of 6
Section 7 Independent External Monitors: NOT APPLICABLE
1
The Employer will 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 performs his
functions neutrally and independently. He shall report to CMD of the Employer or a person
authorized by him.
3
The Bidder/Contractor accepts that the Monitor has the right to access without restriction to all
Project documentations 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 Documentations. The same is applicable to
Subcontractors. The Monitor is under contractual obligation to treat the information and
documents of the Bidder / Contractor / Sub-Contractors/ JV partners/Consortium member 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 believes to notice, a violation of this agreement, he will so
inform the Management of the Employer (CMD of the Employer or a person authorized by him)
and request to discontinue or to take corrective action, or to take 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, refrain from action or
tolerate action. However, Independent External Monitor shall give an opportunity to the
bidder/contractor to present its case before making its recommendations to the Employer
6
The Monitor will submit a written report to CMD of the Employer or a person authorized by him
within 8-10 weeks from the date of reference or intimation to him by the Employer and, should
the occasion arise, submit proposals for correcting problematic situations.
7
The Monitor shall be entitled to compensation on the same terms as being extended to/provided
to Independent Directors of NTPC Board.
Page6 of 6
8
If the Monitor has reported to CMD of the Employer or a person authorized by him a
substantiated suspicion of an offence under relevant IPC/ PC Act, and he has not, within
reasonable time, taken visible action to proceed against such offence or reported it to the Chief
Vigilance Officer, the Monitor may also transmit this information directly to the Central Vigilance
Commissioner, Government of India.
9
The word "Monitor" will include Singular or Plural.
Section 8 Pact Duration
1 This Pact comes into force from the date of signing by all the parties. It shall expire for the Contractor
12 months after the last payment under the respective contract, and for all other unsuccessful
bidders 6 months after the contract has been awarded.
Section-9 Miscellaneous Provisions
1
This Pact is subject to Indian Law. The place of performance and jurisdiction shall be New Delhi.
2
Should one or several provisions of this Pact turn out to be invalid; the remainder of this Pact
remains valid. In this case, the parties will strive to come to an agreement to their original
intentions.
3.
The actions stipulated in this Integrity Pact are without prejudice to any other legal action that
may follow in accordance with the provisions of the extant law in force relating to any civil or
criminal proceedings.
4.
If the Contractor is a JV Partnership / Consortium / Associate, this agreement must be signed
by all the partners of JV / Consortium Partners / Associates as the case may be.
The Parties hereby sign this Integrity Pact at ……….on this ……. day of……..20….….
Employer Bidder/ Contractor
Witness Witness
1.
2.
1.
2.
ATTACHMENT - 13
Page 1 of 1
(Information regarding Safety Management)
Bidder's Name and Address : To
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. 9.00.00 of Part-A 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.
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.
Note : Continuation sheets of like size and format, may be used as per Bidder's
requirement and shall be annexed to this Attachment.
APPENDIX-I to ATTACHMENT-13
SAFETY PLAN
01.
Safety Policy of the Contractor to be enclosed:
02.
When was the Safety Policy last reviewed:
03.
Details of implementation procedure / methods to implements Safety Policy /Safety Rules:
04.
Name, Qualification, experience of Safety Officer
05.
Review of Accidents Analysis Method, Methods to ensure Safety and Health:
06.
Unit executive responsible to ensure Safety at various levels in work area:
07.
List of employees trained in safety employed before execution of the job.
Give the details of training:
08.
Safety Training Targets, Schedules, methods Adopting to providing safety training to all
employee:
09.
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):
With date & stamp
Signature
Head of the Organization
ATTACHMENT – 13A
Page 1 of 1
Dear Sirs,
We hereby confirm that, in case of award, we undertake to register the awarded works with Safety Council of
India (SCI), Mumbai and shall comply with requirements of Safety Council of India (SCI).
Date : Name of Authorised Person
Place : Designation
ATTACHMENT – 14
PAGE 1 OF 1
(CERTIFICATE FOR COMPLIANCE
TO
ALL PROVISIONS OF BIDDING DOCUMENTS)
{To be accepted on the system under General Technical Evaluation (GTE)}
To,
……………….
………………..
………………………………………
…………………………………….
Dear Sir,
1.
With reference to our Bid submitted against the tender, we hereby confirm that we comply with all terms,
conditions and specifications of the Bidding Documents read in conjunction with Amendment(s) /
Clarification(s) / Addenda/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.
2.
We understand that in case the Products and/or Services offered do not meet the Technical requirements,
then our bid shall be rejected as Technically non-responsive.
We also confirm that in case we refuse to withdraw additional conditions/deviations/ variations/exception
implicit or explicit, found anywhere in the techno-commercial bid and/or price bid, our bid shall be
rejected as Technically non-responsive.
We further confirm that if any deviation, variation or additional condition etc. or any mention, contrary to
Bidding Documents and its Amendments/ Clarifications/Addenda/Errata (if any) as mentioned at para
1.0 above, found anywhere in our Techno-commercial Bid and/or Price Bid, implicit or explicit, shall stand
unconditionally withdrawn, without any cost implication whatsoever to Employer, failing which the EMD/
Bid Security shall be forfeited.
(Acceptance to be given On Line on the system under GTE)
ATTACHMENT – 15
PAGE 1 OF 1
(FORM OF ACCEPTANCE OF FRAUD PREVENTION POLICY)
{To be accepted on the system under General Technical Evaluation (GTE)}
Dear Sirs,
We have read the contents of the Fraud Prevention Policy of NTPC displayed on its tender website
http://www.ntpctender.com and undertake that we along with our
associate/collaborator/subcontractors/subvendors/consultants/service providers shall strictly abide by the
provisions of the said Fraud Prevention Policy of NTPC.
(Acceptance to be given On Line on the system under GTE)
ATTACHMENT - 16
Page 1 of 1
(DECLARATION ON BANNING POLICY)
{To be accepted on the system under General Technical Evaluation (GTE)}
Dear Sirs
1)
We have read the contents of the Banning Policy of NTPC attached with this Bidding Document 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 NTPC or NTPC’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, NTPC Limited 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.
(Acceptance to be given On Line on the system under GTE)
ATTACHMENT – 17
PAGE 1 OF 1
(Form of Acceptance of NTPC Safety Rules)
{To be accepted on the system under General Technical Evaluation (GTE)}
Dear Sirs,
We have read the contents of the NTPC Safety Rules displayed on its tender website http://www.ntpctender.com
and undertake that we along with our associate/ collaborator/sub contractors/ sub-vendors/ consultants/ service
providers shall strictly abide by the provisions of the NTPC Safety Rules.
(Acceptance to be given On Line on the system under GTE)
ATTACHMENT – 18
PAGE 1 OF 1
(Do you certify full compliance on Qualifying Requirements)
Acceptance of above attribute shall be considered as bidder's confirmation to the following
conditions:
(a)
The reference works whose details have been declared as per the specified format in the
relevant attachment shall only be considered for evaluation/establishing compliance to
Qualifying Requirement (QR).
(b)
No change or substitution in respect of reference works for meeting the specified Qualifying
Requirement (QR) shall be offered by the bidder.
(Acceptance to be given On Line on the system under GTE)
NTPC Limited
(A Govt. of India Enterprise)
BIDDING DOCUMENTS
FOR
……………….. PACKAGE
SECTION – VIII
(FORMS AND PROCEDURES)
(BOOK 2 OF 3)
NTPC Limited
(A Govt. of India Enterprise)
……………… …………POWER PROJECT
BIDDING DOCUMENTS
FOR
……………. PACKAGE
SECTION – VIII
(FORMS AND PROCEDURES)
(BOOK 2 OF 3)
(This document is meant for the exclusive purpose of bidding against this Bidding Document / Specification and
shall not be transferred, reproduced or otherwise used for purposes other than that for which it is specifically
issued).
TABLE OF FORMS AND PROCEDURES
SECTION-VIII (BOOK 2 OF 3)
---------------------------------------------------------------------------------------------------------------------------
SL.NO. DESCRIPTION
---------------------------------------------------------------------------------------------------------------------------
1
BID FORM
PRICE BID
2
ATTACHMENT – 1P
FORM FOR DECLARATION OF IMPORT CONTENT
3
ATTACHMENT – 2P
FORM FOR DECLARATION REGARDING CUSTOMS DUTY BENEFITS
FOR
IMPORTS OF CONSTRUCTION EQUIPMENT
BID FORM (PRICE BID)
BID FORM (PRICE BID)
Ref. Date :
BID FORM
PAGE 1 OF 4
NAME OF CONTRACT : ……. PACKAGE FOR ………….. ………….POWER PROJECT,
BIDDING DOCUMENT NO. -………………….
To
Shared Services Centre - CMHQ
Dear Sir,
1.0 Having examined the Bidding Documents No ....................... , including subsequent amendments and
clarifications if any, the receipt of which is hereby acknowledged and with reference to our Techno-
Commercial Bid ref. dated we the undersigned, submit our Price Bid ref. dated for the Works
under the above-named Contract Package, in full conformity with the said Bidding Documents for the
sum as mentioned in the BOQ.XLS File uploaded at NTPC e-tender site (www.eprocurentpc.nic.in) or
such other sums as may be determined in accordance with the terms and conditions of the contract.
2.0
ATTACHMENTS TO BID FORM
In line with the requirements of Bidding Documents we enclose herewith the following
Attachments to Bid Form:-
(a)
Attachment 1P : The Declaration regarding the Custom Duty Benefits
on import of Goods (If applicable)
All information required for issue of relevant Certificate by you for availing Customs
Duty benefits against import of equipment and materials for incorporation in the Works
under this Bid and facilitating the execution of Works under this Bid
.
(b)
Attachment 2P : The Declaration regarding the Custom Duty Benefits
on import of Construction Equipment (If applicable)
All information required for issue of relevant Certificate by you for availing Customs
Duty benefits against import of construction equipment as per the extant Customs Acts
and Notifications of Govt. of India.
BID FORM
PAGE 2 OF 4
(d) Cash flow statement for execution of the subject package
3.0
SCHEDULE OF QUANTITIES:
3.1
In line with the requirements of the Bidding Documents, we have uploaded BOQ.XLS File
(Price Bid), on NTPC e-tender website, duly filled-in in your format.
3.2
We are aware that the Schedule of Quantities does 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 amount/ prices. We agree that the entered rates and amount/
prices shall be deemed to include the full scope as aforesaid, including overheads and profit.
3.3
We declare that as specified in the GCC, prices quoted by us in the Schedule of Quantities shall be
subject to adjustment in accordance with SCC Clause entitled ‘Price Adjustment’. – Firm Price Contract
3.4
We understand that in the Schedule of Quantities, where there are differences between the rates given
by the contractor in words and figures or in the amount worked out by us in the Schedule of Quantities
and General Summary, the same shall be adjusted in accordance with the following rules:
(a)
In the event of a discrepancy between description in words and figures in respect of item rates
quoted by a Bidder, the description in words shall prevail.
(b)
In the event of an error occurring in the amount column of Schedule of Quantities as a result of
wrong extension of the quantity and the unit rate, the units shall be regarded as firm and extension
shall be amended on the basis of the unit rate.
(c)
All errors in totaling in the amount column and in carrying forward totals shall be corrected.
(d)
The discount (if any) mentioned in BOQ.XLS file shall be applied on such corrected price. The bid
sum so altered shall, for the purpose of bid, be substituted for the sum originally bid and
considered for evaluation and comparison of the bids and also for acceptance of the bid, instead
of the original sum quoted by the Bidder. If we do not accept such correction of errors, our bid
will be rejected and the bid security will be forfeited in accordance with ITB Sub-Clause 14.7 (b).
3.5
We declare that prices left blank in the Schedule of Quantities will be deemed to have been included
in the prices of other items. The total for each Schedule and the total of grand summary shall be
deemed to be the total price for executing the subject package in complete accordance with the
Contract, whether or not each individual item has been priced.
BID FORM
PAGE 3 OF 4
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 and those imposed
on our equipment, materials, supplies and services to be used in the performance of the Contract or
furnished under the Contract.
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 furnished our compliance to the provisions of the Bidding Documents and its subsequent
Amendment(s)/Clarification(s)/Addenda/Errata by accepting General Technical Evaluation(GTE)
condition at NTPC e-tender site:
“Do you certify compliance to all provisions of Bid Doc?”
Acceptance of above condition 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 Amendments(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.
5.2
We further declare that additional conditions, variations, deviations to the provisions of bidding
documents and its subsequent Amendment(s)/ Clarification(s)/ Addenda/ Errata, if any, found in our
Techno-Commercial proposal and/ or Price Proposal, shall not be given effect to.
6.0 We hereby agree that we shall furnish all necessary justification to establish the reasonableness of the
rates/ prices, if required by you.
7.0 We undertake, if our bid is accepted, to commence work under the subject package immediately upon
Letter of award and to complete it within the time specified in the Bidding Documents.
8.0 If our bid is accepted, we undertake to provide Advance Payment Security, Contract Performance
Securities and securities for Deed(s) of Joint Undertaking (as applicable) in the form and amounts and
within the times specified in the Bidding Documents.
9.0 We agree to abide by this bid (both Techno-Commercial bid & Price bid) for a period of six (6) months
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 the expiration of that period.
10.0 Until a formal Contract is prepared and executed between us, this bid, together with your written acceptance
thereof in the form of your Letter of Award/ PO shall constitute a binding contract between us.
BID FORM
PAGE 4 OF 4
11.0 We understand that you are not bound to accept the lowest or any other bid you may receive. Further
we understand that NTPC 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 situation.
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, and 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 : Name of Authorised Person
Place : Designation
Business Address :
Fax No. :
Phone No. :
Note :
1.
Bidder to submit above Bid Form (Price Proposal) along with the Attachments (As Applicable).
ATTACHMENT – 1P
PAGE 1 OF 1
-NOT APPLICABLE-
ATTACHMENT – 2P
PAGE 1 OF 1
-Not Applicable-
NTPC Limited
(A Govt. of India Enterprise)
SECTION – VIII
(FORMS AND PROCEDURES)
(BOOK 3 OF 3)
BIDDING DOCUMENT NO. : ……………….
NTPC Limited
(A Govt. of India Enterprise)
………………. …………POWER PROJECT
BIDDING DOCUMENTS
FOR
……………… PACKAGE
SECTION – VIII
(FORMS AND PROCEDURES)
(BOOK 3 OF 3)
BIDDING DOCUMENT NO. : ……………
(This document is meant for the exclusive purpose of bidding against this Bid Document No./
Specification and shall not be transferred, reproduced or otherwise used for purposes other
than that for which it is specifically issued).
TABLE OF FORMS AND PROCEDURES,
(SECTION-VIII, BOOK 3 OF 3)
---------------------------------------------------------------------------------------------------------------------------
Sl. No. Description
---------------------------------------------------------------------------------------------------------------------------
1. Proforma for Bank Guarantee for Bid Security
2. Bank Guarantee verification checklist
3. Form of Bank Guarantee for Contract Performance Guarantee
4. Proforma for extension of Bank Guarantee
5. Proforma of Bank Guarantee for Lumpsum Advance
6. Proforma of Bank Guarantee to be furnished by Associate(s) -
7. List of banks from which Bank Guarantees for Advance/ Security Deposit and
Bank Guarantee to be furnished by Bidder/ Contractor can be accepted
8. Form of Bank Guarantee for removal of Plant and Equipment from the Site
9. Form of Hypothecation Deed
10. Proforma of “Contract Agreement”
11. Proforma of “Indemnity Bond” for “Employer Issue Materials”
12. Letter of Undertaking to be given by Contractor while furnishing the Indemnity
Bond” to Employer for “Employer Issue Materials”
13. Proforma of Letter of Confirmation by The proposed Sub-Contractor
14. Proforma for Material Accounting & Reconciliation
15. Form of Indemnity Bond to be executed by the Contractor for the safe custody
of equipments brought to site by the contractor
16. Form of Indemnity Bond to be executed by the contractor for Removal/
Disposal of surplus material
1.
PROFORMA FOR BANK GUARANTEE
FOR BID SECURITY
FORM - 1
Page 1 of 2
1. PROFORMA FOR BANK GUARANTEE FOR BID SECURITY
(IN LIEU OF CASH DEPOSIT)
Bank Guarantee No. :
Date :
To
Shared Services Centre – CMHQ
Dear Sir,
In accordance with Invitation for Bids under your Bid Document
No............................................... M/s .............................(***)......................... having its
Registered/ Head Office at ..................................................................... (hereinafter called the
“Bidder”) wish to participate in the said bid for [Name of
Package]...........................................................
As an irrevocable Bank Guarantee against Bid Security for an amount of
.............(*)................ valid for ............ days from ……(**) ............ required to be submitted by
the Bidder as a condition precedent for participation in the said bid which amount is liable to
be forfeited on the happening of any contingencies mentioned in the Bidding Documents.
We, the .....................................[Name & address of the Bank] ................................. having
our Head Office at………………..(#)………………….. guarantee and undertake to pay
immediately on demand by ……………..[Name of the Employer] (hereinafter called the
‘Employer’)……………. the amount of ....................(*)………….... without any reservation,
protest, demand and recourse. Any such demand made by the ‘Employer’ shall be conclusive
and binding on us irrespective of any dispute or difference raised by the Bidder.
This guarantee shall be irrevocable and shall remain valid upto ..............(@) ................. If any
further extension of this guarantee is required, the same shall be extended to such required
period (not exceeding one year) on receiving instructions from M/s
............................(***).............................[Bidder’s Name] .................................................... on
whose behalf this guarantee is issued.
FORM - 1
Page 2 of 2
In witness whereof the Bank, through its authorized officer, has set its hand and stamp on
this ................................ day of ............................ 20............... at ................... .
…………………………………………….
(Signature)
…………………………………………….
(Name)
…………………………………………….
(Designation with Bank Stamp)
Authorized vide
Power of Attorney No............................
Date.......................................................
Note :
1. (*) The amount shall be as specified in the bidding documents
(**) This shall be the date of opening of Techno-Commercial bids
(#) Complete mailing address of the Head Office of the Bank to be given
(@) This date shall be forty five (45) days beyond the validity of bid.
(***) Write the name and addresses of all the Joint Venture partners, in case the
Bid is submitted by a Joint Venture in terms of Qualifying Requirements.
2. The Bank Guarantee (BG) shall be from a Bank as per provisions 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, Bidders are required to ensure compliance
to the points mentioned in Bank Guarantee Verification Check List in the Bidding
Documents. Bidders are required to fill up this Check List and enclose the same along
with the Bank Guarantee.
5. The details of secure SFMS (in case of BGs issued from within India) or SWIFT (in
case of BGs issued from outside India) sent by Bidder’s Bank to Employer’s Beneficiary
Bank details of which are given in ITB must be furnished with the BG.
2. BANK GUARANTEE
VERIFICATION CHECKLIST
FORM - 2
Page 1 of 1
2. BANK GUARANTEE VERIFICATION CHECKLIST
Sl. No. Details of Checks Yes/ No
1
Is the BG on Non-judicial stamp paper/ e-stamp paper of
appropriate value, as per Stamp Act ?
2
Whether date, purpose of purchase of stamp paper 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 Bidder on
whose behalf the BG has been issued. The stamp paper (other than
e-stamp paper) should be duly signed by the stamp vendor).
3
In case of BGs from Banks abroad, has the BG been executed on
Letter Head of the Bank?
4
Has the executing officer of BG indicated his name, designation and
Power of Attorney No./ Signing Power No. etc. on the BG?
5
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?
6
Does the Bank Guarantee compare verbatim with the Proforma
prescribed in the Bid Documents?
7
Are the factual details such as Bidding Documents No./ Specification
No., Amount of BG, validity of BG correctly mentioned in the BG?
8
Whether overwriting/ cutting, if any on the BG have been properly
authenticated under signature & seal of executant?
9
Whether BG has been issued by a Bank in line with the provisions of
Bidding Documents?
10
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 Document?
Date : Name of Authorised Person
Place : Designation
3. FORM OF BANK GUARANTEE FOR
CONTRACT PERFORMANCE GUARANTEE
FORM - 3
Page 1 of 2
3. PERFORMANCE BANK GUARANTEE
To
Shared Services Centre - CMHQ
WHEREAS (name and address of Contractor) (hereinafter called “the
Contractor”) has undertaken, in pursuance of Contract No. dated
awarded by NTPC Limited (hereinafter called as “the Employer”) to execute
(name of the Contract and brief description of Works) (hereinafter called “the
Employer”.
AND WHEREAS it had been stipulated in the said Contract that the Contractor shall furnish
the Employer with a Bank Guarantee by a recognised bank for Rs. (Rupees
) in lieu of the deduction to be made by the contractor or in lieu of the security
deposit to be made by the Contractor in lieu of the deduction to be made from the Contractor’s
bills for the due fulfilment by the said Contractor of the terms and conditions contained in the
said Contract.
We, (indicate the name & address of the
Bank) do hereby undertake to pay the amounts payable under this guarantee without any
demur, reservation, contest or recourse, merely on a demand from the Employer stating that
the amount claimed is by reason of breach by the said Contractor of any of the terms or
conditions contained in the Agreement or by reason of the contractor’s failure to perform the
said agreement, 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. and the
Employer need not prove or to show grounds or reasons for its demand.
We undertake to pay to the Employer any money so demanded not withstanding and dispute
or disputes raised by the Contractor/Supplier in any suit or proceeding pending before any
court or Tribunal relating thereto our liability under this present being absolute and
unequivocal. The payments so made by us under this Bond shall be a valid discharge of our
liability for payment there under and the contractor/supplier shall have no claim against us for
making such payment.
We, (indicate name & address of the Bank)
further agree that the guarantee herein contained shall remain in full force and effect during
the period that will be taken for the performance of the said Agreement and that it shall
continue to be enforceable till all the dues of the Employer under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till the Employer
certifies that the terms and conditions of the said Agreement have been fully and properly
carried out by the said contractor and accordingly discharges its guarantee.
FORM - 3
Page 2 of 2
Unless a demand or claim under this guarantee is made on us in writing on or before the
(the date shall be not earlier than 90 days beyond the completion of the defects
liability period of the contract), we shall be discharged from all liability under this guarantee
thereafter unless the validity of the guarantee is extended.
We, (indicate name of the Bank) further
agree with the Employer that the Employer shall have the fullest liberty without our consent
and without effecting 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 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 or 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.
This guarantee will not be discharged due to change in the constitution of the Bank or the
contractor/supplier.
We, (indicate name of the Bank) lastly undertake not to
revoke this guarantee during its currency except with the previous consent of the Employer in
writing.
Dated this day of (month) _ (Year)
Yours faithfully
Witness: (Signature)........................................
....................................................... (Name)...............................................
(Signature)
(Designation with ............................
...................................................... Bank Seal)
(Name)
Power of Attorney No.......................
.....................................................
(Official Address) Date..................................................
Stamp ............................................
1. The Bank Guarantee shall be from a Bank as per provisions of the bidding documents. [Please
refer Form No. 7 to Section VIII (Part 3 of 3).
2. 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.
3. While getting the Bank Guarantee issued, Bidders are required to ensure compliance to the
points mentioned in Bank Guarantee Verification Check List in the bidding documents Bidders
are required to fill up this Check List and enclose the same along with the Bank Guarantee.
The details of secure SFMS (in case of BGs issued from within India) or SWIFT (in
case of BGs issued from outside India) sent by Bidder’s Bank to Employer’s Beneficiary
Bank details of which are given in ITB must be furnished with the BG.
4. PROFORMA FOR EXTENSION OF BANK
GUARANTEE
FORM - 4
Page 1 of 1
4. PROFORMA FOR EXTENSION OF BANK GUARANTEE
Ref. No. : Dated : .........................
To
Shared Services Centre - CMHQ
Dear Sirs,
Sub. : 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)........................... for (Insert
Project Name)............................... Project, Contract No. ................................
dated ........................... (hereinafter called original Bank 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 Guarantee No. ................. dated.............. for a further
period of ..................... years/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.
Please treat this as an integral part of the original guarantee to which it would be deemed to
have been attached.
(Signature)........................................
(Name)..............................................
(Designation with ............................
Bank Stampl)
Authorised vide
Power of Attorney No.......................
Dated …………… Date..................................................
Seal of Bank
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.
5. PROFORMA OF BANK GUARANTEE FOR
LUMPSUM ADVANCE
FORM - 5
Page 1 of 4
5. PROFORMA OF BANK GUARANTEE FOR LUMPSUM ADVANCE
To
Shared Services Centre - CMHQ
In consideration of the NTPC Limited, having its registered
office at NTPC Bhawan, SCOPE Complex, 7, Institutional Area, Lodi Road, New Delhi-110 033
(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 Award Letter No. dated issued by the
Employer which have been unequivocally accepted by *
in connection with the work of
“ ” Specification No. CC
(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 the Employer 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 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.
FORM - 5
Page 2 of 4
3. We, the said 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 Contract and till the said advance with interest has been fully recovered and its
claims satisfied or discharged and till 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 effecting 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 exercise able by it against the said Contractor and either to enforce on 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 or of 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 unrealised.
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 M/s.
, on whose behalf
this Guarantee is issued.
FORM - 5
Page 3 of 4
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 20
In presence of For and on behalf of (the Bank)
Witness: (Signature)........................................
....................................................... (Name)...............................................
(Signature)
(Designation with ............................
...................................................... Bank Seal)
(Name)
Power of Attorney No.......................
.....................................................
(Official Address) Date..................................................
Stamp ............................................
The above guarantee is accepted by the Employer.
For an On behalf of NTPC Limited
( Super Thermal Power Project)
NOTES :
*For Proprietory 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
(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.
FORM - 5
Page 4 of 4
* For Companies
*M/s a company under the Companies Act,
1956 and having its registered office in the State of
(hereinafter called “the said Contractor” which expression shall unless
the context requires otherwise include its administrators, successors and assigns.)
1 (*) Write the name and addresses of all the Joint Venture partners, in case the bid is
submitted by a Joint Venture in terms of Qualifying Requirements.
2. The Bank Guarantee shall be from a Bank as per provisions of the bidding documents.
3. The Stamp paper of appropriate value shall be purchased in the name of guarantee issuing
Bank/Bidder.
4. While getting the Bank Guarantee issued, Bidders are required to ensure compliance to the
points mentioned in Bank Guarantee Verification Check List in the bidding documents Bidders
are required to fill up this Check List and enclose the same along with the Bank Guarantee.
6.
PROFORMA FOR BANK GUARANTEE
TO BE FURNISHED BY ASSOCIATE(S)
-NOT APPLICABLE-
7.
LIST OF BANKS FROM WHICH BANK
GUARANTEES FOR
ADVANCE/ SECURITY DEPOSIT TO BE FURNISHED
BY
BIDDER/ CONTRACTOR
FORM - 7
PAGE 1 OF 3
7. BANKS FROM WHICH BANK GUARANTEES FOR
ADVANCE / SECURITY DEPOSIT TO BE FURNISHED BY
BIDDER/CONTRACTOR CAN BE ACCEPTED
A STATE BANK OF INDIA
B NATIONALISED 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 Limited
12. South Indian Bank Ltd
13. Tamilnad Mercantile Bank Ltd
14. ING Vysya Bank Ltd
15. Axis Bank Ltd.
16. IndusInd Bank Ltd
17. ICICI Bank
FORM - 7
PAGE 2 OF 3
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 PJSC
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 & Newzealand Banking Group Limited
27. Sumitomo Mitsui Banking Corporation
28. American Express Banking Corporation
29. Credit Suisse A.G.
30. FirstRand Bank Ltd.
31. Industrial & Commercial Bank of China Ltd.
32. JSC VTB Bank
33. National Australia Bank
34. Cooperatieve Rabobank U.A.
35. Sberbank
36. United Overseas Bank Ltd.
37. Westpac Banking Corporation
38. Woori Bank
39. The Royal Bank of Scotland plc
FORM - 7
PAGE 3 OF 3
40. Doha Bank Qsc
41. Industrial Bank of Korea
42. KEB Hana Bank
43. First Abu Dhabi Bank PJSC
44. Emirates NBD Bank (P.J.S.C)
45. Qatar National Bank SAQ
E OTHER PUBLIC SECTOR BANKS
1. IDBI Bank Ltd
*Note - Any Addition/ Deletion/ Modification in Bank list shall be as per changes in
Second Schedule List by RBI from time to time.
*In case, Bank Guarantee is getting issued from State Bank of India, Bidder to take note
of NTPC letter ref. NTPC/FC/CS/BG/01 dated 03.09.2014 and SBI letter ref. CAG- I/AMT-
1/2014-15/370 dated 04.09.2014 attached herewith.*In case, Bank Guarantee is getting
issued from State Bank of India, Bidder to take note of NTPC letter ref. NTPC/FC/CS/BG/01
dated 03.09.2014 and SBI letter ref. CAG-I/AMT-1/2014-15/370 dated 04.09.2014 attached
herewith.
8. FORM OF BANK GUARANTEE FOR
REMOVAL OF PLANT AND EQUIPMENT FROM
THE SITE
FORM - 8
PAGE 1 OF 3
8. FORM OF BANK GUARANTEE FOR REMOVAL OF PLANT AND
EQUIPMENT FROM THE SITE
To
NTPC Limited
( ......................................... T.P.P.)
In consideration of the N.T.P.C. Ltd., (...........................................T.P.P.) (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 Contract.
No.............. dated........................made between ................*......................... and the
Employer in connection with ........................................................(hereinafter called “the said
Contract”) to permit the Contractor to remove the plant and equipment mentioned in the
Schedule hereto hypothecated to the Employer as security against a loan of Rs.
............................ with interest as provided in the Contract granted to the Contractor by the
Employer from the site to any other works of the Contractor on his furnishing an acceptable
Bank guarantee, we the.................................. Bank. (hereinafter referred to as “the said
Bank”) and having our registered office at............................................ do hereby undertake
and that upon the Contractor failing to bring back to the site the said plant and equipment or
any part thereof and to unconditionally pay the amount claimed by the Employer on demand
and without demur to the extent of Rs ………… (Rupees…….………………………..……..
only)( to be specified by the Employer at the appropriate time).
We .............................. Bank further agree that the Owner shall be the sole judge of and as to
whether the said contractor has failed to bring the said plant and equipment or any part thereof
back to the site and the extent of loss, damage, costs, charges and expenses caused to or
suffered by or that may be caused to or suffered by the Owner on account thereof and the
decision of the Owner that the said Contractor has so failed and as to the amounts of loss,
damage, costs charges and expenses caused to or suffered by or that may be caused to or
suffered by the Owner from time to time shall be final and binding on us.
We, the said bank further agree that the Guarantee herein contained shall remain in full force
and effect till the Employer certifies that the said plant and equipment have been brought back
to the site or the said loan of Rs. ........................................................ with interest has been
repaid to the Employer in full, and accordingly discharges this Guarantee or till ……………..
(to be specified by the Employer prior to the issue of this guarantee), whichever is later.
It shall not be necessary for the Employer to proceed against the Contractor before making a
demand on the Bank and the guarantee herein contained shall be enforceable against the
Bank, notwithstanding any security which the Employer may have obtained from the
Contractor and in force at the time of making such demand on the Bank.
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.
FORM - 8
PAGE 2 OF 3
Dated this .........................................day of ..................................20....................
For and on behalf of the Bank....................
Common Seal of the Bank .........................
Signature.......................................................
Name............................................................
In presence of Designation....................................................
Authorisation No. ........................................
Witness :
1. ...............................................
2. ...............................................
The above Guarantee is accepted by
(NTPC Limited)
( ......................... Thermal Power Project)
For and on behalf of the
(NTPC Limited)
( .............................. Thermal Power Project)
Note :
* For Proprietary Concerns
Date .................................................
(Name and Designation)
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 respective heirs executors, administrators and
legal representatives); the name of partners being (i)
Shri........................................................... S/o .....................................……………………
(ii) Shri.......................................................... S/o ........................................................... etc.
FORM - 8
PAGE 3 OF 3
* For Companies
M/s ........................................................a company registered 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).
1. Bidder to fill up the check list as per the proforma enclosed for submitting the Bank
Guarantees.
0
2 BG shall be 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 rate prevailing in the state
where the BG is executed, whichever is higher.
Witness: (Signature)........................................
....................................................... (Name)...............................................
(Signature)
(Designation with ............................
...................................................... Bank Seal)
(Name)
Power of Attorney No.......................
.....................................................
(Official Address) Date..................................................
Stamp ............................................
1 (*) Write the name and addresses of all the Joint Venture partners, in case the bid is submitted
by a Joint Venture in terms of Qualifying Requirements.
2. The Bank Guarantee shall be from a Bank as per provisions of the bidding documents.
3. The Stamp paper of appropriate value shall be purchased in the name of guarantee issuing
Bank/Bidder.
4. While getting the Bank Guarantee issued, Bidders are required to ensure compliance to the
points mentioned in Bank Guarantee Verification Check List in the bidding documents Bidders
are required to fill up this Check List and enclose the same along with the Bank Guarantee.
9.
FORM OF HYPOTHECATION DEED
FORM - 9
PAGE 1 OF 4
9. FORM OF HYPOTHECATION DEED
(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)
To
Shared Services Centre - CMHQ
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 Letter 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’) of Rs.
(Rupees only) to the Contractor for plant and equipment
described in the Schedule hereto specifically acquired by the Contractor for the Works and
brought to Site against hypothecation of the said plant and equipment in the name of the
Employer.
The Contractor hereby declares that he has paid in full the purchase price of each and every
one of the Plant & Equipment described in the Schedule hereto and that the same are the
absolute property of the Contractor and that the same have not been sold, pledged, mortgaged
or transferred by him and the same is free from encumbrances.
The Contractor hereby hypothecates, assigns and transfers to the Employer, the plant and
equipment described in the Schedule hereto in favour of the Employer as security for the due
repayment of the said advance with interest thereof.
The Contractor hereby agrees that he shall repay to the Employer the said advance of Rs.
(Rupees only) together with
interest thereon as aforesaid and agrees that the said advance be recovered by the Employer
by making deductions in the manner provided in Clause …. of the General Conditions of
Contract and other conditions of the Award letter from the claims made by the Contractor
against the Employer for on account payment.’
FORM - 9
PAGE 2 OF 4
The Contractor further agrees that so long as any amount remains payable to the Employer
by the Contractor in respect of the said advance of Rs. only, he shall not
sell, pledge, hypothecate, transfer, part with the Plant and Equipment described in the
Schedule hereto.
The Contractor also agrees that if the said advance of Rs. shall not be
repaid by the Contractor or recovered in the manner described above by the said
day of due to any reason whatsoever
or the said Contract has been determined earlier or cancelled or if the Contractor shall sell,
pledge, mortgage, transfer, part with and equipment or any part thereof or the Contractor or
any of the partners is adjudged insolvent or the Contractor is to be wound up or 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
equipment or if any other property what-so-ever belonging to the Contractor has been sold or
attached for a period of not less than twenty-one (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. The Contractor also agrees that the Employer may
on the happening of any of the aforesaid events or in the event of the said advance 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 equipment
(and either remain in possession thereof without removing the same or else may remove and
same) and sell the said plant and equipment 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 unrecovered and 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.
The Contractor also agrees that he shall at all times during the continuance of the security and
at the expense of the Contractor insure and keep insured the plant and equipment 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 on foot and the insurance policy and receipts in original for premia
paid shall be deposited with the Engineer-in-Charge and the Contractor shall assign all his
rights, title and interest in the policy to the Employer.
The Contractor also agrees that he shall not permit or suffer the said plant and equipment or
any part 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.
In the event of any damage or loss happening to the said plant and equipment or any part
thereof from whatever cause other than the Excepted Risks, the Contractor agrees that he
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.
FORM - 9
PAGE 3 OF 4
Upon repayment or recovery in full of the amount secured on account of this hypothecation
deed the said plant and equipment 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.
Particulars
Nos.
Purchase price/
Advance
No. of Plant and
Equipment
price considered
reasonable by
Total
Price
(75% of
Col.5)
Engineer-in-Charge
1 2 3 4 5 6
Dated this ………………… day of 20….. at …………. .
WITNESS
..................................................... (Signature) ..........................................
(Signature)
.................................................... (Name) ................................................
(Name)
.................................................... . Printed Name of Authorised person
(Official Address) having Power of attorney.............
Designation........................................
Common Seal....................................
NOTE :
* For Proprietory 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).
FORM - 9
PAGE 4 OF 4
* For Partnership Concerns
M/s. a partnership firm having its registered office at
(hereinafter called “the said Contractor” which expression
shall unless the context requires otherwise include and their respective heirs, executors,
administrators and legal representatives) the partners of the firm being (i)Shri
s/o
s/o etc
* For Companies
(ii) and Shri
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 successors and assigns).
10. PROFORMA OF
“CONTRACT AGREEMENT”
FORM - 10
PAGE 1 OF 6
10.
PROFORMA OF “CONTRACT AGREEMENT”
(to be executed on proper non-judicial stamp paper)
This Contract Agreement made this ...............................................................day of
............................. (month) ........................ two thousand and ........................................ year
......................................................... between NTPC Limited, a company incorporated under
the Companies Act, 1956, having its registered Office at NTPC Bhawan, Core 7, SCOPE
Complex, 7, Institutional Area, Lodhi Road, New Delhi-110 003 (hereinafter referred to as
“Employer” as “NTPC” which expression shall include its administrators, successors,
executors and assigns) or the one part : And ................................................... a company
incorporated under the Companies Act 1956 having its registered office at
........................................
(OR)
M/S ................................................................(Partnership Firm) registered under the Indian
Partnership Act 1932 having its Head Office at ...............................and consisting of
.....................................Partners namely .............................................
(OR)
M/S ..................................................................... a proprietory concern having its Principal Place
of Business at ................................................................. and owned and controlled by its
Sole Proprietor namely .......................................................... (hereinafter referred to as the
“Contractor” which expression shall include its administrators, successors, executors and
permitted assigns) of the other part.
WHEREAS NTPC Limited desirous of setting up its Power Project at
...................................... District ....................................... with an ultimate capacity of
..................................)* ......................................MW (hereinafter called the “Project”) has
invited bids for .......................................................... (briefly describe scope of work as per
LOA) for the ................................* ................................. stage of the Project with the capacity
of .............................*.......................... MW as per its Bid Specification No ..........................
AND WHEREAS the Contractor had participated in the above referred bidding vide their
proposal No................................dt...........................including its amendments, if any and
Employer after examining the said proposal accepted their aforesaid proposal and awarded
the Contract to the Contractor on terms and conditions more specifically contained in its Letter
of Award No. .............................................dt ............................and the documents
referred to therein, which have been unequivocally accepted by the Contractor resulting into
a concluding “Contract”, hereinafter called the “Contract”.
FORM - 10
PAGE 2 OF 6
NOW THEREFORE THIS DEED WITNESSETH AS UNDER:
1.0 AWARD OF CONTRACT
1.1 The Employer has already awarded the CONTRACT to the Contractor for the work
of.........................................on the terms and conditions contained in its Letter of
Award No ..................................dated ....................................the documents referred
to therein and under these presents. The contract has taken effect from
......................................... i.e. the date of issue of the aforesaid Letter of Award. The
terms and expressions used in this Agreement shall have the same meaning as are
assigned to them in the “Contract” referred to in the succeeding Article.
2.0 CONTRACT
The Contract shall be performed strictly as per the terms and conditions stipulated
herein, in the Contract Documents and in the Letter of Award (hereinafter collectively
referred to as “Contract).
2.1 Contract Documents shall mean:–
A. Invitation For Bids No. .................................dated .............................. and
Bidding documents in respect of Specification No.
....................................issued vide Letter No ................................... dated
...........................consisting of:
i) General Conditions of Contract for Civil Works including all
amendments issued vide its letter(s) No.(s) ........................... dated
................... (Section - IV).
ii) Special Conditions of Contract.................. (Section - V).
iii) Technical Specifications and Drawings including amendments issued
vide its Letter No. ..................................dated ......................... (
...................(Section – VI).
---------------------------------------------------------------------------------------------
Sl. No. Drawing Title
---------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------
FORM - 10
PAGE 3 OF 6
The above drawings are tentative and are meant for bidding purpose
only and are not the final drawings nor show the full range of the work
under scope of work. Work has to be executed according to the Final
drawings with latest additions, alterations and modifications if any from
time to time as required or approved by the Engineer-in-Charge and
also according to any other relevant drawing that would be supplied to
the Contractor progressively during the execution of the Contract.
iv) Schedule of Quantities* ......................................... (Section - VII).
v) Forms & Procedures
B. Contractor’s Proposal No. ...................... dated .................including its
amendments if any received and opened on ...................................
C. Agreed Minutes of Meeting held on ..................................... between
Employer/NTPC and the Contractor.*
2.2 LETTER OF AWARD: The Letter of Award shall mean the Employers letter no.
............ dated ......................... together with its amendments if any.
All the aforesaid Contract Documents and Letter of Award above shall form an integral
part of this Contract Agreement, in so for as the same or any part thereof is not in
conflict with the Documents (Section I, II, III, IV, V, VI & VII, VIII in Para 2.1 and
2.2 above and what has been specifically agreed to by the Employer and brought out
in its Letter of Award and subsequent amendment if any. Any matter in the Contractor’s
Proposal referred to in sub-clause B of Para 2.1 above inconsistent therewith, contrary
or repugnant thereto or any deviations taken by the Contractor in its “Proposal” but not
agreed to specifically by the Employer in its Letter of Award shall not be given effect to
and shall be deemed to have been withdrawn by the Contractor without any cost
implication to EMPLOYER., For the sake of brevity, this Contract Agreement alongwith
its aforesaid Contract Documents and the Letter of Award shall be referred to as the
“Contract”.
3.0 CONDITIONS & COVENANTS
3.1 The scope of work under the Contract shall include .................................................
3.2 The scope of work under the Contract as specified above, consideration, terms of
payment, loans and advances, price variation, security deposit, taxes wherever
applicable, insurance, agreed time schedule, compensation for delay and all other
terms and conditions are contained in the Contract and the Contract shall be duly
performed by the Contractor strictly and faithfully in accordance with the terms of this
Contract.
3.3 The scope of Works shall also include all such items which are not specifically
mentioned in the Contract, but which are necessary for the satisfactory completion of
the entire scope of works envisaged under this contract unless otherwise specifically
excluded from the scope in the Contract.
FORM - 10
PAGE 4 OF 6
3.4 The progress of work shall conform to the agreed work schedule.
3.5 This Contract Agreement constitutes full and complete understanding between the
parties and terms of these presents. It shall supersede all prior correspondence to the
extent of inconsistency or repugnancy to the terms and conditions contained in the
Contract Agreement. Any modifications of the Contract Agreement shall be effected
only by written instruments signed by the authorized representatives of both the
parties.
3.6 Time is the essence of the Contract and it shall be strictly adhered to.
**3.7 It is expressly understood and agreed by and between the Contractor and the Employer
that the Employer is entering into 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 Govt. 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 Govt. of India is not and shall not be liable for any acts,
omissions, commissions, breaches or other wrongs arising out of the Contract.
Accordingly, Contractor expressly waives, releases and foregoes any and all actions
or claims, including cross claims, impeder claims, or counter claims against the Govt.
of India arising out of this Contract and covenants not to sue the Govt. of India as to
any manner, claim, cause of Action or thing whatsoever arising of or under this
agreement.
4.0 The total contract price for the entire scope of this contract as detailed in Clause No.
................................. of Letter of Award is ................................ ( ............................. )
5.0 The Terms of Payment is governed by Clause ............................... of GCC (Section -
IV).
6.0 NO WAIVER OF RIGHTS:
6.1 Neither the inspection by the Employer or the Engineer-in-Charge or any of the
officials, employees or agents nor any order by the Employer or the Engineer-in-
Charge for payment of money or any payment for or acceptance of, the whole or any
part of the Works by the Employer or the Engineer-in-Charge nor any extension of time
nor any possession taken by the Engineer-in-charge shall operate as Waiver of any
provisions of the contract, or of any power herein reserved to the Employer, or any
right to damages herein provided, nor shall any waiver of any breach in the contract
be held to be a waiver of any other or subsequent breach.
FORM - 10
PAGE 5 OF 6
7.0 SETTLEMENT OF DISPUTES
7.1 It is specifically agreed by and between the parties that all the differences or disputes
arising out of the Contract or touching the subject matter of the Contract shall be
decided by process of Settlement of Disputes as specified in Clause 7 of the General
Conditions of the Contract as amended and the provisions of the Arbitration &
Conciliation Act, 1996 including any statutory modifications or re-enactment thereof
and the rules made thereunder shall apply and Delhi Courts alone shall have exclusive
jurisdiction in all matters arising under this Contract. The arbitrator shall give
reasoned/speaking award.
7.2 Governing Laws
The laws applicable to this contract shall be the laws in force in India.
7.3 Notice of Default
Notice of default given by either party to the other party under the Contract shall be in
writing and shall be deemed to have been duly and properly served upon the parties
hereto if delivered against acknowledgement or by telex or by registered mail with
acknowledgement due addressed to the signatories at the addresses mentioned
herein above.
IN WITNESS WHEREOF, the parties through their duly authorised representatives
have executed these presents (execution there-of has been approved by the
competent authorities of both the parties) on the day, month and year first above
mentioned at ......................... # .............
WITNESSES :
FOR AND ON BEHALF OF
NTPC Limited
1. ............................................................. : .............................................................
(Signature) (Employer‘s Signature)
............................................................. : .............................................................
(Name) (Printed Name)
2. ............................................................. : .............................................................
(Designation) (Designation)
........................................................
(Company’s Stamp)
: FOR AND ON BEHALF OF
M/S. ..............................................
..............................................
..............................................
FORM - 10
PAGE 6 OF 6
1. ............................................................. : ...............................................
(Signature) (Contractor’s Signature)
............................................................. : ................................................
(Name) (Printed Name)
.............................................................. : ................................................
(Designation) (Designation)
: ................................................
(Company’s Stamp)
NOTE:
* Strike whichever is not applicable.
# Here mention the place where contract is signed.
11.
PROFORMA OF “INDEMNITY BOND” FOR
“EMPLOYER ISSUE MATERIALS”
FORM - 11
PAGE 1 OF 5
11. PROFORMA OF INDEMNITY BOND” FOR “EMPLOYER ISSUE MATERIALS”
(On non-judicial paper of appropriate value and to be stamped in accordance with Stamp
Act. The stamp paper to be in the name of Executing Contracting Firm/ Company)
This bond of indemnity made this …………… day of ………… by ................ [Contractor’s
Name]* …………, a company registered under the Companies Act, 1956/ Partnership firm/
Proprietary concern having 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) in favour 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)
WHEREAS ………….. [Employer’s Name] ...........has awarded to the Contractor, a Contract
by issue of Employer’s Letter of Award No. ……….. dated ................ and in terms of the said
Contract, the Employer has agreed to issue from time to time to the Contractor according to
the requirements for incorporation in the Works under the said Contract, the ‘Employer Issue
Materials’ viz. ‘Cement’ and/or ‘Reinforcement Steel’ and/or ‘Structural steel’ ‘**’ (hereinafter
called ‘Employer Issue Materials’) necessarily required for performance of the aforesaid
Contract.
AND WHEREAS one of the conditions for the issue of the ‘Employer Issue Materials’ is that
the Contractor shall furnish an Indemnity Bond in favour of the Employer covering the full value
for the total quantities of ‘Employer Issue Materials’ which shall remain in the safe custody of
the Contractor during the execution of the Contract.
NOW THIS Indemnity Bond witnessth as follows:
1.0 THAT in consideration of the various Employer Issue Materials as aforesaid issued/ to
be issued free of cost by Employer to the Contractor from time to time as per
requirements for the purpose of the performance of the said Contract valued at Rs.
......................., the Contractor hereby undertakes to indemnify and keep Employer
indemnified, for the full Value of the said Employer Issue Materials. The Contractor
hereby acknowledges the receipt of the said Employer Issue Materials as per details
given in Schedule attached hereto. Further the Contractor agrees to acknowledge the
receipt of the subsequent Employer Issue Materials as will be issued by Employer in
the form of schedules consecutively numbered which shall be attached to this
Indemnity Bond so as to form integral part of this Bond.
2.0 That in terms of the said Contract, the maximum quantity of “Employer Issue Materials”
at any point of time during the currency of the Contract shall not exceed the quantity
as is identified herein below in column ‘d’ and its value for the purpose of Indemnity
Bond as per clause ................................... of ..........................................
are as given below :
FORM - 11
PAGE 2 OF 5
---------------------------------------------------------------------------------------------------------------------------
Sl. Name of Items of Total Max. Rate Total amount
No. Employer Issue Qty. in Qty. @ (Rs. in Millions)
Materials Contract at any Rs. for total Qty.
(M.T.) point of in the Contract
time
(M.T.)
---------------------------------------------------------------------------------------------------------------------------
a. b. c. d. e. f. (c x e)
---------------------------------------------------------------------------------------------------------------------------
1. Cement (in bags or
silos)
2. Reinforcement Steel
(in various sizes and
lengths)
3. Structural steel
(in various sizes & lengths)
---------------------------------------------------------------------------------------------------------------------------
f = Total Value of this I.B. = Total Value in Rs ......................... Millions
---------------------------------------------------------------------------------------------------------------------------
3.0 Notwithstanding the above maximum quantity (Column ‘d’ above) of ‘Employer Issue
Materials’ that remain in the custody of the Contractor at any point of time, the actual
issuance of materials with the aforesaid total limit shall be governed by the actual
programme of execution of work as may be agreed to between the Contractor and the
Employer from time to time. The issuance of lesser quantities and/or the availability of
balance unused quantity at site of ‘Employer Issue Materials’ shall not in any way dilute
the obligation of the Contractor under this Indemnity Bond except that its value in such
case will stand reduced to the value of such materials actually with the Contractor
computed at the same unit rate as mentioned in para 2.0 above.
4.0 That the value of Indemnity Bond as brought out in para 2.0 and 3.0 above are linked
with the following unit rate of these materials.
a) Cement @ Rs. ....... i.e., Procurement Rate +25%.
b) Reinforcement steel : @ Rs. .............. i.e. Max. rate of nearest stockyard of
SAIL for any section inclusive of GST + 25%.
c) Structural steel : @ Rs. .............. i.e. Average rates of nearest stockyard of
SAIL for structural sections, pipes & plates inclusive of GST + 25%.
FORM - 11
PAGE 3 OF 5
4.1 In the event of any upward revision of the aforesaid rate by the concerned authorities,
the value of the Indemnity Bond shall be enhanced proportionately by executing fresh
bond.
5.0 That the Contractor undertakes to keep these ‘Employer Issue Materials’ at the Employer’s
project site at a place duly notified by the Engineer-in-Charge and shall not take out
these materials or allow the same to be taken out of the project site under any
circumstances whatsoever.
6.0 That Contractor shall remain absolutely responsible for the safe custody and protection
of the said ‘Employer Issue Materials’ against all risks whatsoever till these are duly
incorporated in the Works as per terms of the contract and non utilised materials will
be promptly returned to Employer in accordance with said Contract and as such the
Contractor do hereby undertakes to indemnify and shall keep Employer indemnified
against any loss or damage or conversion that may be caused or done to the said
‘Employer Issue Materials’ while in the Contractor’s possession/custody. These
materials shall however, at all times, be available for inspection by the Engineer-in-
Charge from time to time.
7.0 Further, Employer shall have the absolute right at all times to take possession of the
‘Employer Issue Materials’ in whatever form the Employer Issue Materials may be, if
in its opinion, the ‘Employer Issue Materials’ are likely to be endangered, misutilised or
converted to uses other than those specified in the Contract, by any acts of omission
on the part of the Contractor or any other person or on account of any reason
whatsoever and the Contractor binds itself and undertakes to comply with the
directions of Employer to promptly return the ‘Employer Issue Materials’ without any
demur or reservation, protest or contest.
8.0 That the Contractor shall keep the ‘Employer Issue Materials’ as a ‘Trustee’ on the
Employer’s behalf and the ownership of these materials shall always vest in Employer.
9.0 That the ‘Employer Issue Materials’ shall exclusively be used by the Contractor for
performing the Works under the Contract and for no other work or purpose whatsoever,
otherwise it will be treated as criminal breach of trust. Should however, at any time,
any loss/damage occur to the ‘Employer Issue Materials’ in part or in full or the same
or any part thereof is misused or converted or used for any other purposes other than
the contractual purpose by the Contractor or the surplus unused materials and the
wastage/scrap are not returned to Employer in terms of the Contract, then Employer
shall be entitled to recover from the Contractor, the compensation at the specified rates
under the Contract for and in respect of such misuse, loss, damage, or conversion or
any other unauthorised use not intended under the Contract, without prejudice to any
other remedies which may be available to Employer including deduction from any
payment/dues to or any sum which at any time hereinafter may become due to the
Contractor under the Contract.
FORM - 11
PAGE 4 OF 5
10.0 In the event of any misuse, loss or damage as aforesaid, the assessment for such misuse,
loss or damage and the assessment of the compensation thereof would be made by
Employer or its authorised representatives and the said assessment shall be final and
binding on the Contractor.
11.0 This Indemnity Bond shall be valid till six (6) calender months after the scheduled date
of completion of work under the Contract and shall be extended from time to time till
the entire work under the Contract is successfully completed or earlier upon
determination of contract and all the surplus/wastage/ scrap materials are fully returned
and the account for ‘Employer Issue Materials’ is finally settled between the Contractor
and Employer, whichever event is later.
12.0 It is clearly understood and agreed to by the Contractor that non-observance of the
obligations under this Indemnity Bond by the Contractor shall Inter-alia constitute a
criminal breach of trust on the part of the Contractor and he shall be liable for all
legal/penal consequences thereof.
13.0 Now the condition of this Bond is that the Contractor shall duly and punctually comply
with all the terms and conditions of this bond to the satisfaction of Employer, then, the
above bond shall be void, but otherwise, it shall remain in full force and virtue.
14.0 That this bond shall not be irrevocable during its validity period and the Contractor shall
not revoke this bond till it is discharged by Employer in writing.
WITNESS
...................................................... (Signature)
......................................................
(Signature)
...................................................... (Name of Contractor)...................................
(Name)
...................................................... Name of the Authorised person
(Official Address) having Power of Attorney...........................
Designation ....................................................
Seal...............................................................
FORM - 11
PAGE 5 OF 5
Notes :
* FOR PROPRIETORY 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) Sh.
........................................... ..... son of Sh. ................................................
(ii) Sh.................................................. son of Sh. ................................................
* FOR COMPANIES
M/s. ......................................................................................................................... a
Company registered under the Companies Act, 1956 and having its registered office at
.............................................................. in the State of
.............................................................. and its head office
at.............................................................. (hereinafter called “the said Contractor” which
expression shall unless the context requires otherwise include its administrators, successors
and assigns.)
12.
LETTER OF UNDERTAKING TO BE GIVEN
BY CONTRACTOR WHILE FURNISHING THE
“INDEMNITY BOND” TO EMPLOYER FOR
“EMPLOYER ISSUE MATERIALS”
FORM - 12
PAGE 1 OF 2
12. LETTER OF UNDERTAKING TO BE GIVEN BY CONTRACTOR
WHILE FURNISHING THE “INDEMNITY BOND” TO
EMPLOYER FOR “EMPLOYER ISSUE MATERIALS”
To : From :
The Engineer-in-Charge M/s.
(Contractor)
( project) ( Project)
Name of Contract
(State)
Dear Sir,
Sub : Undertaking to be Submitted alongwith INDEMNITY BOND for “EMPLOYER ISSUE
MATERIALS” under Contract No. dated .
1.0 This is to inform you that as per Clause No. of SCC forming integral part
of the Contract No. dated relating to “Employer Issue Materials”,
we have to submit to you an irrevocable and unconditional INDEMNITY BOND
equivalent to the total value of “Employer Issue Materials” required for incorporation in
the Works of “ ” awarded to us vide your LOA No.
dated .
2.0 The amount of the aforesaid INDEMNITY BOND is dependent upon maximum quantity
of Employer Issue Materials that will remain with us at any point of time during the
execution of the Contract and is based on the prevailing market value of Employer
Issue Materials, as given below :
a. Cement : Procurement Rate plus 25%.
b. Reinforcement Steel : Max. rate of nearest Stockyard of SAIL
for any section inclusive of GST
plus 25%.
c. Structural Steel : Average rates of nearest stockyard of
SAIL for structural sections, pipes and
plates inclusive of GST plus 25%.
3.0 We agree that in the event of the aforesaid total quantity of “Employer Issue Materials”
is to be increased during the execution of the contract for performance of the work or
for the market value of the “Employer Issue Materials” increase for any reasons
whatsoever, the amount of aforesaid INDEMNITY BOND shall be enhanced by us
without any demur correspondingly, in accordance with the various provisions in clause
of the aforesaid conditions of Contract.
FORM - 12
PAGE 2 OF 2
4.0 We further confirm and undertake to increase the value of the aforesaid INDEMNITY
BOND in accordance with para 3.0 above within 30 days of the receipt of notice from
Employer for enhancement of the value of the said Indemnity Bond failing which
Employer shall have the absolute right to invoke the said Indemnity Bond which will be
honoured by us without any demur, contest or protest. Further we undertake to extend
the validity of the INDEMNITY BOND as required from time to time by Employer till the
entire material is incorporated in the Works and the unutilised material including
wastage, scrap etc. are returned to the Employer and the reconciliation of the total
Employer Issue Materials is completed in all respects.
5.0 This undertaking is irrevocable and shall remain in force till the execution and performance
of the entire contract and/or till it is discharged by Employer.
Thanking you,
Yours faithfully,
(Signature of Authorised Signatory. ........ )
Name & Designation..................................
Name of Contractor...................................
Name of the Work ...................................
Date : Contract No................................................
Place : Date of Award............................................
Seal of the Contractor...............................
13. LETTER OF CONFIRMATION BY THE
PROPOSED SUB-CONTRACTOR
FORM - 13
PAGE 1 OF 1
13. LETTER OF CONFIRMATION BY THE PROPOSED SUB-CONTRACTOR
Bidder’s Name & Address
Dear Sirs,
To
Shared Services Centre - CMHQ
I / We M/s …………..@................ have been proposed by M/s. …………………..
@@....................... as a sub-contractor for the portion of work relating to …..……$.....….
under ................................. Package.
We agree to work as subcontractor to M/s. …………………..@@....................... for the
aforesaid portion of the work relating to …..……$.....…. under ...................................Package
subject to award of Contract to …………………..@@ ....................... and on being approved
by NTPC.
Date :
Signature.................................................
...
Place : Printed Name of Authorised person of
Sub-Contractor having Power
of attorney................................................
Designation.............................................
Common Seal..........................................
@ Write Name of the sub-contractor as proposed by the main Bidder.
@@ Write Name of the main Bidder.
$ Write Particulars of the portion of the work for which the Sub-Contractor has been
proposed.
Note : To be filled by Sub-Contractor(s) individually.
14. PROFORMA FOR MATERIAL
ACCOUNTING & RECONCILIATION
FORM - 14
PAGE 1 OF 2
14. PROFORMA FOR MATERIAL ACCOUNTING & RECONCILIATION
Name of Materials ................................
Reconciliation ......................................
1. Name of the Contractor :
2. Name of the Project :
3. Name of the Work :
4. Contract No. & Date :
5. Location of the Contractor’s
Stock/godown :
6. Total Estimated Requirement
in the Contract :
7. Value of the Material Security :
8. Indemnity Bond furnished towards
the value of Security towards other
Materials :
9. Value of security towards Materials
under this Performance :
Note : i. Full Separate a. Cement
proforma for
b. M.S. Reinforcement
(Sectionwise/Diameterwise)
c. Tor-steel Reinforcement
(Sectionwise/Diameterwise)
d. Structural Steel
ii. Same proforma to be used till it is filled by succeeding reconciliation.
Fresh Proforma for each reconciliation is prohibited.
FORM - 14
PAGE 2 OF 2
Sl.
Date of
Cumulative
Cumulative
Qty.
Qty.
Unaccounted
Whether
Outstand
-
ing reco-
veries
(cumulative
till date)
Remarks
No.
Reconci
-
Qty. issued
Qty.
incor
-
retur
-
avai
-
C
-
(D+E+F)
recovery
liation
till last
porated in
ned
lable
of unacc
-
reconcilia
-
the Works
in
ounted
tion
as certified
stock
matl. (Col.
by the
of
G) effect
Engr.
con
-
ed. If so;
tractor
amount
recovered
and bill/
MB No.
A
B
C
D
E
F
G
H
I
J
Note: 1 Reconcilation shall be done at minimum frequency of three (3) months.
(Signature of Engineer-in-Charge)
(Signature of Contractor’s
Authorised Site Representative)
Name & Designation ..................................................
Seal .....................................................................
15. Form of Indemnity Bond to be
executed by the Contractor for
the Safe Custody of Equipments
brought to site by the Contractor
FORM - 15
PAGE 1 OF 6
15. FORM OF INDEMNITY BOND TO BE EXECUTED
BY THE CONTRACTOR FOR SAFE CUSTODY OF
THE EQUIPMENTS BROUGHT TO SITE BY THE CONTRACTOR
FOR PERFORMANCE OF ITS CONTRACT
AND AGAINST WHICH PAYMENT TO BE MADE ON RECEIPT
(Entire Equipment Consignment in one lot)
(On non-Judicial stamp paper of appropriate value)
INDEMNITY BOND
THIS INDEMNITY BOND is made this ........................................................day
of................................ 20.................... by ...........................(Contractor’s Name) a Company
registered under the Companies Act, 1956/Partnership firm/Proprietary concern having its
Registered Office at ...................................... (hereinafter called as ‘Contractor’ or “Obligor”
which expression shall include its successors and permitted assigns) in favour of
......................................... (Name of Employer), a Company incorporated under the
Companies Act, 1956 having its Registered Office at...................................................... and
its project at .............................. (hereinafter called “.......................”..{Abbreviated name of the
Employer}” which expression shall include its successors and assigns) :
WHEREAS .......................@................. has awarded to the Contractor a Contract for
.......................vide its 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 .....(contractor) ..........is required to keep in
his safe custody various Equipments required for execution of the Contract.
And WHEREAS by virtue of Clause No............................ of the said Contract, the Contractor
is required to execute an Indemnity Bond in favour of...........@.............. for safe custody of the
Equipments for the purpose of performance of the Contract/Erection portion of the contract
(hereinafter called the “Equipments”)
AND THEREFORE, This Indemnity Bond witnesseth as follows:
1. That in consideration of various Equipments as mentioned in the Contract, valued
at (Currency and amount in Figures)...........................................................
(Currency and amount in words) .......................................................................... for
the purpose of safe custody and performance of the Contract, the Contractor hereby
undertakes to indemnify and shall keep .........@............. indemnified, for the twice
the value of the Equipments. The Contractor hereby acknowledges actual receipt of
the Equipment etc. as detailed in the Schedule appended hereto.
@ Fill in abbreviated name of Employer
FORM - 15
PAGE 2 OF 6
2. That the Contractor is obliged and shall remain absolutely responsible for the safe
transit/protection and custody of the Equipment at ......@ project site against all
risks whatsoever till the Equipments are duly used/erected in accordance with the
terms of the Contract and the plant/package duly erected and commissioned in
accordance with the terms of the Contract is taken over by ..........@ .............. The
Contractor undertakes to keep ..........@.......... harmless against any loss or damage
that may be caused to the Equipments.
3. The Contractor undertakes that the Equipments 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 shall be utilized for any other work of
purpose whatsoever. It is clearly understood by the Contractor that non- observance
of the obligations under this Indemnity Bond 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 ..........@.......... is and shall remain the exclusive owner of the equipments free
from all encumbrances, charges or liens of any kind, whatsoever. The Equipments
shall at all times be open to inspection and checking by the Engineer- in-Charge or
other employees/agents authorized by him in this regard. Further,
..........@.......... shall always be free at all times to take possession of the Equipments
in whatever form the Equipments may be, if in its opinion, the equipments are likely
to be endangered, misutilized 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 ..........@..........
to return the Equipments without any demur or reservation.
5. That this Indemnity Bond is irrevocable. If at any time any loss or damage occurs to
the Equipments or the same or any part thereof is misutilized in any manner
whatsoever, then the Contractor hereby agrees that the decision of the Project
Manager of ..........@ as to assessment of loss or damage to the Equipment
shall be final and binding on the Contractor. The Contractor binds itself and
undertakes to replace the lost and/or damaged Equipments at its own cost and/or
shall pay the amount of loss to ..........@.......... without any demur, reservation or
protest. This is without prejudice to any other right or remedy that may be available
to ..........@.......... against the Contractor under the Contract and under this
Indemnity Bond.
6. NOW THE CONDITION of this Bond is that if the Contractor shall duly and
punctually comply with the terms and conditions of this Bond to the satisfaction of
..........@ ......... , THEN, the above Bond shall be void, but otherwise, it shall remain
in full force and virtue. @ Fill in abbreviated name of Employer
FORM - 15
PAGE 3 OF 6
IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its
authorised representative under the common seal of the Company, the day, month
and year first above mentioned.
SCHEDULE
Particulars of Quantity Particulars of Value of the Signature of
the Equipments Despatch title Equipments Attorney in
Documents token of
receipt
RR/GR/
Bill of lading Carrier
No & Date
For and on behalf of
..................................................
(Contractor’s Name)
WITNESS :
1. 1. Signature .............................. Signature ............................
2. Name .................................... Name ..................................
3. Address ................................ Designation of .........................
Authorised representative *
2.
1.
Signature ..............................
(Common Seal)
2. Name .................................... (In case of Company)
3. Address ................................
————————————————————————————————————————
* Indemnity Bond are to be executed by the authorized 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 Bond, (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 Bond.
FORM - 15
PAGE 4 OF 6
FORM OF INDEMNITY BOND TO BE EXECUTED BY THE CONTRACTOR
FOR SAFE CUSTODY OF THE EQUIPMENTS BROUGHT TO SITE IN INSTALLMENTS
BY THE CONTRACTOR FOR
PERFORMANCE OF THE CONTRACT AND AGAINST WHICH PAYMENT
IS TO BE MADE ON RECEIPT AT SITE
(On Non-Judical stamp paper of appropriate value)
INDEMNITY BOND
THIS INDEMNITY BOND is made this ........................................................day
of................................ 20 .................... by ...........................(Contractor’s Name) a Company
registered under the Companies Act, 1956/Partnership firm/Proprietary concern having its
Registered Office at ...................................... (hereinafter called as ‘Contractor’ or “Obligor”
which expression shall include its successors and permitted assigns) in favour of
.....................(Name of Employer), a Company incorporated under the Companies Act, 1956
having its Registered Office at ............................................ and its project at
.............................. (hereinafter called “...................”{Abbreviated name of the Employer}”
which expression shall include its successors and assigns) :
WHEREAS ..........@.......... has awarded to the Contractor a Contract for........................ vide
its 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 ........(contractor) ........ is required to keep in his safe custody various Equipmentsfor
execution of the Contract.
And WHEREAS by virtue of Clause No............................ of the said Contract, the Contractor
is required to execute an Indemnity Bond in favour in ..........@........... for the safe custody of
Equipments for the purpose of performance of the Contract/Erection portion of the contract
(hereinafter called the “Equipments”)
NOW THEREFORE, This Indemnity Bond witnesseth as follows :
1. That in consideration of various Equipments as mentioned in the Contract, valued
at (Currency and amount in figures) ..................................... (Currency and amount
in words) .............................................................. brought to site by the contractor in
instalments from time to time for the purpose of safe custody and performance of
the Contract, the Contractor hereby undertakes to indemnify and shall keep
.........@......... indemnified, for the twice the value of the Equipments. The Contractor
hereby acknowledges actual receipt of the initial instalment of the Equipment etc. at
site as per details in the Schedule appended hereto. Further, the Contractor agrees
to acknowledge actual receipt of the subnsequent instalments of the Equipments
etc. as required by .........@......... in the form of Schedules consecutively numbered
which shall be attached to this Indemnity Bond so as to form integral parts of this
Bond.
@ Fill in abbreviated name of Employer
FORM - 15
PAGE 5 OF 6
2. That the Contractor is obliged and shall remain absolutely responsible for the safe
transit/protection and custdoy of the Equipment at ..........@.......... project site
against all risks whatsoever till the Equipments are duly used/erected in accordance
with the terms of the Contract and the plant/package duly erected and commissioned
in accordance with the terms of the Contract, is taken over by
..........@........... . The Contractor undertakes to keep ..........@ ........... harmless
against any loss or damage that may be caused to the Equipments.
3. The Contractor undertakes that the equiments 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 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 Bond 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 ..........@.......... is and shall remain the exclusive owner of the Equipments free
from all encumbrances, charges or liens of any kind, whatsoever. The Equipments
shall at all times be open to inspection and checking by the Project Manager or
other employees/agents authorized by him in this regard. Further,
..........@.......... shall always be free at all times to take possession of the Equipments
in whatever form the Equipments may be, if in its opinion, the equipments 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 ..........@..........
to return the Equipments without any demur or reservation.
5. That this Indemnity Bond is irrevocable. If at any time any loss or damage occurs to
the Equipments 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 of ..........@ as to assessment of loss or damage to the Equipment
shall be final and binding on the Contractor. The Contractor binds itself and
undertakes to replace the lost and/or damaged Equipments at its own cost and/or
shall pay the amount of loss to ..........@.......... without any demur, reservation or
protest. This is without prejudice to any other right or remedy that may be available
to ..........@.......... against the Contractor under the Contract and under this
Indemnity Bond.
6. NOW THE CONDITION of this Bond is that if the Contractor shall duly and
punctually comply with the terms and conditions of this Bond to the satisfaction of
..........@ ......... , THEN, the above Bond shall be void, but otherwise, it shall remain
in full force and virtue.
@ Fill in abbreviated name of Employer
FORM - 15
PAGE 6 OF 6
IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its authorised
representative under the common seal of the Company, the day, month and year first above
mentioned.
SCHEDULE No.1
Particulars of Quantity Particulars of Value of the Signature of
the Equipments Despatch title Equipments Attorney in
Documents token of
receipt
RR/GR/
Bill of lading Carrier
No & Date
(Please number subsequent schedules)
For and on behalf of
..................................................
(Contractor’s Name)
WITNESS
1. 1. Signature .............................. Signature ............................
2. Name .................................... Name ..................................
3. Address ................................ Designation of .........................
Authorised representative *
2. 1. Signature .............................. (Common Seal)
(In case of Company)
2. Name ....................................
3. Address ................................
———————————————————————————————————————
* Indemnity Bond 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 Bond, (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 Bond.
16. FORM OF INDEMNITY BOND
FOR REMOVAL/ DISPOSAL
OF SURPLUS MATERIAL
FORM - 16
PAGE 1 OF 2
16. FORM OF INDEMNITY BOND TO BE EXECUTED
BY THE CONTRACTOR WITH REGARD TO DISPOSAL OF
SURPLUS MATERIAL
(TO BE EXECUTED ON STAMP PAPER OF APPROPRIATE VALUE)
INDEMNITY BOND
THIS INDEMNITY BOND executed this .........................day of...................... 20 ....................
by
...........................(Name of Company) ........................................... a Company registered
under the Companie Act, 1956/Partnership Firm/Proprietary concern having its Registered
Office(s) at ...................................... (Office Address) ............................... hereinafter called
the
Indemnifier(s)/Contractor(s) (which expression shall, unless excluded by or repugnant to the
context, be deemed to mean and include its successors, administrators, executors and
permitted assigns).
IN FAVOUR OF
NTPC Limited (formerly National Thermal Power Corporation Ltd.), a Government of India
Enterprise, having its registered office at NTPC Bhawan, Scope Complex, 7, Institutional Area,
Lodhi Road, New Delhi-110 003 (hereinafter referred to as “NTPC”).
1. NTPC has awarded the Contractor(s), contract for execution of work (“Scope of
Work”) as mentioned in the contract agreement no ................................... dated
........................, entered into between NTPC and Contractor(s), relating to
........................................ (Name & Address of Project/Station)
.......................................... (hereinafter called ‘the Project’).
2. The Indemnifier(s) 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 Indemnifier(s), it has been identified that
scrap ............................ (Details of Scrap Material & its quantity) ............................
and/or surplus ................................... (Details of Surplus Material & its Quantity)
........................ belonging to Indemnifier(s) 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 Indemnifier(s), requires to be removed by
Indemnifier(s) from the Project Site.
FORM - 16
PAGE 2 OF 2
NOW THEREFORE THIS INDEMNITY BOND WITNESSETH AS UNDER:
1. That Indemnifier(s) by way of this indemnity requests NTPC to issue necessary
exit gate pass(es) in favour of Indemnifier(s) for removal of scrap......................
(Details of Scrap Material & its Quantity) .............................. and/or surplus
.......................... (Details of Surplus Material & its Quantity) ..............................
belonging to Indemnifier(s), from the project.
2. That as per NTPC’s procedure, Indemnifier(s) 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 CISF
personnel.
3. That Indemnifier(s) 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 NTPC and keep
NTPC indemnified from and against all claims, demands, actions, liabilities and
expenses which may be made or taken against or incurred by NTPC by reason of
the issue of necessary gate pass(es) by NTPC and permitting Indemnifier(s) to
remove scrap ................... (Details of Scrap Material & its
Quantity)............................. and/or surplus ............................... (Details of Surplus
Material & its Quantity) ............................ belonging to Indemnifier(s), from the
project.
4. That Indemnifier(s) undertakes to indemnify and keep NTPC 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
Indemnifier(s), from the Project Site aforesaid, by the Indemnifier(s). Further, in case
the laws require NTPC to take prior permission of the relevant Authorities before
handing over the scrap and/or surplus to the Indemnifier, the same shall be obtained
by the Indemnifier on behalf of NTPC.
IN WITNESS WHEREOF, the Indemnifier(s), through its authorized representative, has
executed these presents on the Day, Month and Year first mentioned above at
......................... (Name of the Place) .........................................
Witness: Indemnifier
1. .....................................................
2. ....................................................
(Authorised Signatory)