SPECIAL CONTRACT CONDITIONS (SCC)

Ref: RFP Document No. JBMR/RFP/RJ/19-20/01 dtd. 01/05/2019

1. PAYMENT TERMS

10% advance within 21 days against submission of Advance Bank Guarantee & Proforma Invoice of
equivalent amount.
70% within 21 days against submission of commercial invoice on Pro-rata basis against supply and
service. Duly certified by our site in charge.
10%
10% within 21 days against submission of commercial invoice along with commissioning letter after
successful commissioning.
10%
10% within 21 days against submission of commercial invoice after successful handover with
handover certificate and duly submission of Irrevocable, unconditional Performance Bank
Guarantee of equivalent amount Considering DLP period.

2. PERFORMANCE BANK GUARANTEE (PBG)

Bidder shall submit the Performance bank guarantee of 10%10% of Total Contract Price and valid till 5
(five) years from the date of handover of the Solar PV Plant considering DLP period. Initially
Performance Bank Guarantee shall be valid for 1 (one) year, however, it will be extendable till 5
(five) years prior to expiry of the Performance Bank Guarantee. On expiry of the Performance Bank
Guarantee the original copy shall be returned back to the Bidder.

3. DELAY LEQUIDITY DAMAGE

0.1
0.1% per day to maximum of 10%10% of Total Contract Price applicable from schedule commissioning
date. Delay LD shall be applicable on un-commissioned part.

4. PERFORMANCE RATIO LEQUIDITY DAMAGE

For any shortfall in guaranteed performance ratio liable to Bidder as mentioned in the RFP
Document and as per the PR test procedure, Performance Liquidity Damage shall apply. The
Performance Liquidity Damages shall be calculated based on actual energy shortfall corresponding
to the reduced performance ratio and would be paid @ actual Discom rate for that year. JBMR shall
apply Performance liquidity damages for DLP period (5 years) from the date of Handover.

5. DEFECT LIABILITY PERIOD (DLP)

The defect liability period for the plant shall be for 5 (five) years, starting from the date of handover
of plant during which period the Bidder guarantees that all the Defects shall be remedied including
replacement or rectification. However for all the OEM supplied equipment warranty shall be
applicable as per standard warranty document from OEM.

Bidder shall submit optional price for DLP of 5 (five) years and Bidder shall submit the Performance
bank guarantee of 10%
10 of Total Contract Price/ Purchase Order Value and valid till 5 years from the
handover of the Solar PV Plant. Initially Performance Bank Guarantee shall be valid for 1 year,
however, it will be extendable till 5 years prior to expiry of the Performance Bank Guarantee. On
expiry of the Bank Guarantee the original copy shall be returned back to the Bidder
SPECIAL CONTRACT CONDITIONS (SCC) Page 1 of 3
 Consumption and maintaining desired level of any spare during DLP period shall be in Bidders
scope.

6. INSURANCE

The Bidder shall provide all necessary insurance including transit insurance and CAR Insurance i.e.
workmen compensation, Plant & Machinery insurance during construction, at its own cost, until
handover of the site to Owner.

7. STATUTORY REQUIREMENTS

Obtaining all Statutory permits/approvals including MNRE, Net metering approval, CEIG approval
etc. required for the successful commissioning of the plant shall be in scope of bidder. All liasoning
cost has to be borne by the Bidder. However, the statutory fees will be borne by the JBMR/Owner.

8. LABOUR LAWS
Bidder shall comply with the provisions of all labour legislation including the amended and update
requirements of:
a) The Payment of Wages Act. - 1936
b) Client's Liability Act - 1938
c) Workmen's Compensation Act - 1923
d) Contract Labour Regulation & Abolition Act, 1970 and Central Rules 1971.
e) Industrial Dispute Act
f) Apprentices Act, 1961
g) Minimum wages Act - 1948
h) Maternity Benefit Act - 1961
i) Mines Act - 1952
j) Employees State Insurance Act – 1948
k) Employees Provident Fund Act, 1952
l) Any other Act or enactment relating thereto and rules framed thereunder from time to time.

Bidder shall keep JBMR/Project Owner saved, harmless and indemnified against claims of any of
the workmen or any Government Authority under the above laws and all costs and expenses as
may be incurred by JBMR/Project Owner in connection with any claim relating to this clause shall
be in Bidder scope.

No labour below the age of 18 (eighteen) years shall be employed for the Work. Bidder shall not
pay less than what is provided under law to laborers engaged by Bidder during execution of Work.
Bidder shall comply with all labour laws and keep JBMR/Project Owner indemnified in respect
thereof.

In addition to above, rules and regulations as contained in Contract Labour (Regulation and
Abolition) Act, 1970 will also be applicable. Bidder shall be liable for ensuring compliance of the
provisions of the acts, registration obtaining license etc. of his workmen as well as those of
Sub- Contractors.

SPECIAL CONTRACT CONDITIONS (SCC) Page 2 of 3

9. INDEMNIFICATION
Bidder shall keep JBMR/Project Owner as well as employees/ associates indemnified against all
claims, damages or compensation under the provision of payment of wages Act 1936, Minimum
wages Act 1948, the Workmen’s Compensation Act 1923, Industrial Disputes Act 1947 and the
Maternity Benefit Act 1961 as amended law up to date or any other law relating thereto and rules
made their under from time to time or as a consequence of any accident or injury to any workman
or other persons in or around the works, whether on your employment or not till handover of Solar
PV Plant.

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