HARYANA VIDYUT PRASARAN NIGAM

LIMITED

BIDDING DOCUMENT NO. REC-……

FOR
Construction of 66kV, 132 & 220 kV
Transmission Lines through overhead or
cable or both

COMMERCIAL DOCUMENT
VOL-I

Chief Engineer (MM),

Haryana Vidyut Prasaran Nigam Limited,
Shakti Bhawan, Sector-6,
Panchkula -134113
Phone: 0172- 2583724, 2583727
TELEFAX: 0172-2583724

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 SECTION – II

INSTRUCTIONS

TO

BIDDERS

(ITB)

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 INSTRUCTION TO BIDDERS

CONTENTS
Sr. No. DESCRIPTION PAGE No.

1.0. Scope of bid 9

2.0. Qualifying requirements for bidders 10

3.0. Cost of bidding 14

4.0. One bid per bidder 14

5.0. Contents of Bid documents 14

6.0. Clarifications on Bid Documents 15

7.0. Amendment to Bidding Documents 15

8.0. Language of Bid 16

9.0. Local conditions 16

10.0. Documents comprising the Bid 16

11.0. Contract quality assurance 16

12.0. Bid Price 17

13.0. Bid validity 17

14.0. Taxes and Duties 18

15.0. Bid Security 18

16.0. Format of Bid 18

17.0. Signature of Bids 19

18.0. Sealing and marking of Bids 19

19.0. Deadline for submission of Bids 20

20.0. Late Bids 20

21.0. Modification and withdrawal of Bids 20

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Sr. No. DESCRIPTION PAGE No.

22.0. Information required with the proposal 21

23.0. Opening of Bids by owner 21

24.0. Clarification of Bids 22

25.0. Examination of Bids. 22

26.0. Definition and meanings 22

27.0. Comparison of Bids 22

28.0. Contacting the owner 23

29.0. Award criteria 23

30.0. Owner’s right to accept any bid and to reject any or all Bids 23

31.0. Letter of award 23

32.0. Signing of contract 24

33.0. Contract performance guarantee 24

34.0. Quantity variation 24

35.0. Site Visit 25

36.0. Electrical contractor’s License 25

37.0. Deviations 26

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 SECTION – II
ITB (Instruction to Bidders)
INTRODUCTION
1.0 SCOPE OF BID: -
1.1 Chief Engineer(MM), Haryana Vidyut Prasaran Nigam Limited, Shakti Bhawan,
Sector-6, Panchkula (Haryana) hereinafter called ‘HVPN’/ ‘Owner’/ ‘the Employer’
wishes to invite online Bids for the construction of 220 KV, 132 kV & 66 KV
transmission lines through overhead or cable or both on Supply-Cum-Erection
Basis as per the details given below hereinafter referred to as "Works":-
--------------------------------

1.2 The detailed scope of works has been described in detail in Section-V Technical
Specification Vol.-II of bidding documents.
1.3 WORK SCHEDULE
1.3.1 The successful bidder immediately after award of contract is required to start the
work of route survey and route alignment of through overhead or cable or both at
sites. At the same time stub sets, Form Boxes, Sag Templates etc. in sufficient
quantity will also be arranged. It is expected that the Contractor will commence
the construction activity at sites within 1 month from the date of award of contract
and the Equipment will start arriving at sites within 2 months after the date of
award of contract.
The bidder shall include in his proposal his Programme for Plannings, optimisation
of route, Gantry locations, erecting the Gantries and laying of ………kV XLPE
Cable covered in the specification. The Programme shall be in the form of a
master network illustrating all necessary activities identifying key phases in
various areas of the total work like design, procurement, manufacture and field
activity such that the complete 66KV, 132 kV & 220KV composite transmission
lines and complete 66 kV line underground cable under the scope are
commissioned within period mentioned in scope of bid (clause 1.1) from the
date of signing of contract (i.e.for 220 kV lines completion period is 18
months, 132/ 66 kV lines completion period is 15 months as indicated). The
contract agreement will be signed within 30 days of issue of letter of Award (LOA).
In case, there is delay in signing of contract, the contractual completion period will
be counted from the 30th day of issue of letter of award, irrespective of the reason
of delay in signing of the contract. Offers which do not confirm to the requirements
of the above time schedule are liable to be rejected.

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2.0 QUALIFYING REQUIREMENTS FOR BIDDERS
2.1
A. Qualification Requirements as Prime EPC Contractor:-
a)
i. The bidder shall be financially sound and must not be anticipating any
ownership change during the period from Bid submission to Two years after
commercial operation defined as successful completion of commissioning of
the transmission lines and acceptance by the employer.
ii. The bidder shall have adequate design, infrastructure and erection facilities
and capacities and procedures including quality control.
iii. The bidder as prime Contractor should have surveyed, optimised tower
locations and based thereon erected and strung not less than 25 kms route
length of 132/66 kV class or higher rating transmission lines on turnkey basis
which shall include complete supply of material by the bidder within the last 5
years reckoned from the date of Bid opening. Further these lines should be in
successful operation for atleast 18 month as on date of bid opening. However,
in case of supply of either towers or ACSR conductor with disc insulators by
the utility, the line constructed by the bidder including the supply of all other
material will also be considered as qualifying.
b) The bidder as prime contractor should have the sub-contractor who has
surveyed, optimised and based thereon laid not less than 10kms route length
of 66kV class or 20kms route length of 33kV class XLPE Cable erection,
testing & commissioning work within the last 5 years reckoned from the date
of Bid opening. Further, these cables/ lines should be in successful operation
for atleast 18 month as on date of bid opening.

c) Civil Sub-contractor:
The sub-contractor must be approved A- class Govt. contractors registered
with PWD, CPWD, MES & Govt. or public undertaking (valid as on date of bid
opening) under specific category of work i.e. building, Road and RCC works
and must have executed gross civil works in any Govt. department or semi
government department or public undertaking subject to satisfactory
execution certificate from concerned department.
or
The subcontractor must have executed gross civil works in building, Roads
and RCC works in any Govt. department or semi government department or
public undertaking subject to satisfactory execution certificate from concerned
department.
or
The subcontractor must have executed exclusive or with any Turnkey
contractor gross civil works including switch house building , ODSG, ODCT,
Boundary wall & approached road etc. of 66KV level or above level sub-
stations subject to satisfactory execution certificate from concerned
department.

OR

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B. Qualification Requirements for bidder as Manufacturer of Cable:-

a)
i. The bidder shall be financially sound and must not be anticipating any
ownership change during the period from Bid submission to Two years after
commercial operation defined as successful completion of commissioning of
the transmission lines and acceptance by the employer.
ii. The bidder shall have adequate design, infrastructure and erection facilities
and capacities and procedure including quality control.
iii. A manufacturer of 33 kV or of higher voltage rating XLPE cable. He must have
designed, manufactured; type tested and supplied 20 kms of 33 kV voltage
rating XLPE cable or 10 kms of 66 kV or higher voltage rating XLPE cable. At
least, 20Kms of 33kV voltage rating XLPE cable or 10 kms of 66 kV or higher
voltage rating XLPE cable supplied by the bidder should be in successful
operation at least for a period of one year as on the date of bid opening.
or
A manufacturer of 33kV or of higher voltage rating XLPE cable, who have
manufacturing unit in India and is part of parent company or in collaboration
with other company, located elsewhere, and the above qualifying criteria is
being met by its parent company or collaborating firm shall be treated as
qualified.
or
The bidder should have surveyed, optimised and based thereon laid not less
than 10kms route length of 66kV class or 20kms route length of 33kV class
XLPE Cable on turnkey basis which shall include complete supply of material
by the bidder within the last 5 years reckoned from the date of Bid opening.
b) The bidder as prime contractor should have the sub-contractor who has
surveyed, optimised tower locations and based thereon erected and strung
not less than 25 kms route length of 132/66 kV class or higher rating
transmission lines which shall include erection, testing & commissioning work
within the last 5 years reckoned from the date of Bid opening. Further these
lines should be in successful operation for atleast 18 month as on date of bid
opening.

c) Civil Sub-contractor:
The sub-contractor must be approved A- class Govt. contractors registered
with PWD, CPWD, MES & Govt. or public undertaking (valid as on date of bid
opening) under specific category of work i.e. building, Road and RCC works
and must have executed gross civil works in any Govt. department or semi
government department or public undertaking subject to satisfactory
execution certificate from concerned department.
or
The subcontractor must have executed gross civil works in building, Roads
and RCC works in any Govt. department or semi government department or
public undertaking subject to satisfactory execution certificate from concerned
department.
or

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 The subcontractor must have executed exclusive or with any Turnkey
contractor gross civil works including switch house building , ODSG, ODCT,
Boundary wall & approached road etc. of 66KV level or above level sub-
stations subject to satisfactory execution certificate from concerned
department.

NOTE: The bidders shall be considered as qualifying if they meet either

one of the criterion A or B.
2.2 Equipment Qualification Requirement:-
“The registered vendors of HVPNL as on date of floating of tender shall be eligible
to supply the material for turnkey contracts.
The vendor registered with HVPNL for major items as on date of floatation of
tender is as under:-
Sr. Description of Material Name of the vendor registered with
No. HVPNL
1 66 KV XLPE Cable M/s KEC/ M/s Universal/KEI
2 Tower & Structure M/s Namdhari/ M/s Salasar/ M/s Aravali/
M/s Shreem/ M/s Kaytex/ M/s
Nexo/R.S.infra/Kora Industries/
A.K.Power
3 Hardware fittings M/s KSE/ M/s Zordar/ M/s MF
Engg/Transmission line
product/Aumni/Mosdorfer
4 Polymeric LA M/s Electrolyte/ CGL
5 End Termination for 66 KV M/s 3M/ Raychem
XLPE CABLE
6. Conductor Haryana Conductor/Dyanamic
cables/Mahavir udyog/Triputi/gupta
Powers/Apaar industries/Hindustan
Vidyut product
 As per the details available with this office, the detailed list of registered vendors
of HVPNL for supply of equipments are enclosed as annexure-B.
 The contractor shall have the option to propose additional vendors in the bid,
meeting the qualification requirement specified in vendor registration policy
available on HVPN website i.e. www.hvpn.gov.in or the same can be collected
by hand from the office of Chief Engineer/MM HVPNL Panchkula. The add on
vendors shall be governed as per Vendor Change Policy (Annexure-A of
ITB) unless they get themselves registered before supply of material as per
registration policy of HVPNL to come at par with registered vendors. EPC
contractor shall be entirely responsible for any delay on this account.
 For petty items not covered in the vendor registration list, the contractor may
propose any vendor during the execution of the contract; meeting the
qualification criteria as “the firm should have manufactured/supplied 50% of
the material in any one year during last five years to any power utility in the
country and out of which 20% should be in successful operation for atleast last
two year.”

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2.3 FINANCIAL CRITERIA:

a. The bidder should have average annual turnover for the best three years out
of last 5 years of the company as annualised in Supply-Cum-Erection
contracts and supply of material and equipments of atleast Rs…….. crore
However, the minimum turnover in each year during last 5 years should be
Rs. ……… crore.
b. The bidder should have current assets more than current liability i.e current
assets / current liability >1 (as per Fin-I). As per last audited Annual Accounts
of the bidder, the net worth of the bidder should be of Rs……. crore evaluated
as per form Fin-I which must be filled in this respect.
c. The bidder shall demonstrate the liquid assets and /or access to liquid
assets/fund based bank credit limits equivalent to Rs. …….. crore plus 25%
of the Current commitments of the bidder. For this purpose, the limits and
assets to be taken in account are given in Form Fin-2 which must be filled in
this respect. The bidder shall declare the amounts of its current commitments
(value of un-executed projects) on the date of bid submission. The bidder
shall produce a certificate from statutory Auditor (in case of companies) or a
chartered Accountant (in case of firms/sole proprietors) certifying the value
of its unexecuted contracts on the date of bid submission. (Form Fin-3 must
be filled in this respect).
d. The bidder will indicate financial position i.e. over draft limit, CC limit as per Form
Fin-II (supported by bank certificate) and current commitments as per Form Fin-
III (certified by CA) shall also be uploaded clearly indicating Financial Status in
the Technical template on the e-procurement portal.
e. The successful bidder will submit the banker’s certificate stating that
Rs……… crore as working capital will be kept reserve by the bank to be
solely utilized for this project.
2.4 Personnel Capability:
The Bidder should have a project manager with 15 years experience in execution
of such contracts of comparable nature including not less than 5 years as
manager.

2.5 Bids may be submitted by individual firms or joint ventures or one of the
following:-
a) A single firm that meets all the qualification requirements set forth in para 2.0 to
2.4 above.
1. A joint venture of firms having one partner as lead partner who shall meet all
the qualification requirements set forth in para 2.1, 2.2 & 2.4 above. Regarding
financial criteria, the figures for each of the partner of the joint venture shall be
added together to determine the bidder’s compliance with the minimum
qualification criteria set out in para 2.3 above.
2. All the commercial transaction shall be made with only lead partner.
2.6 Weightage in case of Joint Venture: While evaluating the experience of prime
contractor, the weightage of project execution shall be taken as under:-
i. 100% weightage to Lead Partner.

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 ii. Weightage to other partner shall be on the basis of certificated received from
the concerned utility.

2.7 Public sector undertakings:-

a) Majority Publicly owned enterprises domiciled in India may be eligible to
qualify if, in addition to meeting all the above requirements, they also
b) Are commercially oriented legal entities distinct from the purchaser and
are not a Govt. Dept.
c) Are financially autonomous, as demonstrated by requirements in their
constitutions to provide separate audited accounts and return on capital
powers to raise loans and obtain revenues through the sales of goods or
services and
d) Are managerially autonomous.
2.8 To be qualified for award, bidders shall provide evidence satisfactory to the
employer of their capability and adequacy of resources to carry out the
contract effectively. Bids shall include the following information :
a) Copies of original documents defining the constitution or legal status,
place of registration and principal place of business, written power of
attorney of the signatory of the bid to commit the bidder.
b) Proof of total annual turnover of Turnkey Contracts & supply of material &
equipment of similar nature over the last 5 years.
c) List of Turnkey Contracts executed as Prime contractor of similar nature
over the last 5 years and details of other works in hand and contractual
commitments. The performance certificates issued by the Utilities may
also be attached.
d) Description of the plant and Machinery, Vehicles, Surveying & testing
instruments available for executing the contract.
e) The qualification and experience of key personnel proposed to be
employed for executing the contract.
f) Reports on the financial standing of the bidder including profit and loss
statements, balance sheets and auditors reports of the past 5 years and
an estimated financial projection for the next two years.
g) Evidence of access to lines of credit and availability of other financial
resources.
h) Authority to seek reference from the Bidder’s banks.
i) Information regarding any current litigation in which the bidder is involved,
the parties concerned and disputed amount.
Proposal of manufacturing methods and schedules in sufficient details to
demonstrate the adequacy of the bidder’s proposals to meet the technical
specification and the completion schedule.

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2.9 Bids submitted by a joint venture of firms as partners shall comply with following
requirements:
a) The bid shall include all the information listed in sub clause 2.8 (a) to (i)
above for each joint venture partner.
b) The bid and the form of agreement in case of successful bid shall be
signed so as to be legally binding on all partners.
c) One of the partners shall be nominated as lead partner, and this
authorisation shall be evidenced by submitting a power of attorney signed
by legally authorised signatories of all the partners.
d) The lead partner shall be authorised to incur liabilities and receive
instructions for and on behalf of any and all partners of the joint venture
and the entire execution of the contract including payment shall be done
exclusively with the lead partner as per performa enclosed in section –IV.
e) 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
statement to this effect shall be included in the authorisation mentioned
under (c) above as well as in the Bid Form and in the Contract Form (in
case of successful bid).
f) A copy of the agreement entered into by the joint venture partners shall
be submitted with the bid.
Failure to comply with this requirement will result in rejection of the joint venture's
bid. Sub-contractor's experience and resources shall not be taken into account in
determining the bidder's compliance with qualifying criteria.

2.10 The above stated requirements are minimum and the Owner reserves the right to
request for any additional information and also reserve the right to reject the
proposal of any Bidder, if in the opinion of the Owner, the qualification data is
incomplete or the Bidder is found not qualified to satisfactorily perform the
Contract.
3.0 COST OF BIDDING:
3.1 The Bidder shall bear all costs and expenses associated with preparation and
submission of its bid including post bid discussions, technical and other
presentation etc. and the Owner will in no case be responsible or liable for those
costs, regardless of the conduct or outcome of the bidding process.

4.0 ONE BID PER BIDDER

Each bidder shall submit only one bid either by himself, or as a partner in a joint
venture. A bidder who submits or participates in more than one bid will be
disqualified.
5.0 CONTENTS OF BIDDING DOCUMENTS

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 The bidding documents are those as stated below and should be read in
conjunction with any Addenda issued in according with clause 7. The bidding
document includes following Sections:-
VOLUME-I
Section-I Invitation for bids
Section-II Instructions to Bidders (ITB)
Section-III Conditions of Contract (COC)
Section-IV Sample Forms and Procedures
Section-VI Schedule of Prices
VOLUME-II
Section-V Technical Specification
Drawings (if any)
6.0 CLARIFICATIONS ON BID DOCUMENTS
6.1 If the prospective Bidder finds discrepancies or omissions, in the specifications
and document or is in doubt as to the true meaning of any part, he shall at once
make a request, in writing, for an interpretation/clarifications, to the Owner. The
Owner then will issue interpretations and clarifications as he may think fit in
writing. After receipt of such interpretations and clarifications, the Bidder may
submit his bid but within the time and date as specified in the Invitation to Bid. All
such interpretations and clarifications shall form a part of the Bidding Document
and shall accompany the Bidder’s proposal. A prospective Bidder requiring any
clarification on Bidding Document may notify the Owner in writing. The Owner will
respond in writing to any request for such clarification of the Bidding Document,
which it receives not later than fifteen (15) days prior to the deadline for
submission of bids prescribed by the Owner.
6.2 Verbal clarifications and information given by the Owner or his employee(s) or
his representative(s) shall not in any way be binding on the Owner.

7.0 AMENDMENT TO BIDDING DOCUMENT:

7.1 At any time prior to the deadline for submission of bids, the Owner may, for any
reason, whether at its own initiative or in response to a clarification requested by
a prospective Bidder, modify the Bidding Document by amendment(s).

7.2 The amendment will be notified in writing or by telex or cable to all prospective
Bidders which have received the Bidding Document at the address contained in
the letter of request for issue of bidding document from the Bidders. Owner will
bear no responsibility or liability arising out of non-receipt of the same in time or
otherwise.

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7.3 In order to afford prospective Bidders reasonable time in which to take the
amendment into account in preparing their bids, the Owner may, at its discretion,
extend the deadline for the submission of bids.

7.4 Such amendments, clarifications, etc. shall be binding on bidders and will be given
due consideration by the Bidders while they submit their bids and invariably
enclose such documents as a part of the bid.

8.0 LANGUAGE OF BID

8.1 The Bid prepared by the Bidder and all correspondence and documents relating
to the bid, exchanged by the Bidder and the Owner, shall be written in the English
language.

9.0 LOCAL CONDITIONS

9.1 It will be imperative on each Bidder to fully inform himself of all local conditions
and factors which may have any effect on the execution of the Contract covered
under these documents and specifications. The Owner shall not entertain any
request for clarifications from the bidders, regarding such local conditions.

9.2 It must be understood and agreed that such factors have properly been
investigated and considered while submitting the proposals. No claim for financial
adjustment to the Contract awarded under these specifications and documents
will be entertained by the Owner. Neither any change in the time schedule of the
Contract nor any financial adjustments arising thereof shall be permitted by the
Owner, which are based on the lack of such clear information or its effect on the
cost of the Works to the Bidder.

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10.0 DOCUMENTS COMPRISING THE BID

10.1 The bidder is required to submit the bid online and upload the relevant document in
the following 3 templates (envelopes) on the e-procurement portal:

i) As per PQQ template checklist mentioned in the bidding document.

ii) As per Technical template checklist mentioned in the bidding document.
iii) As per Commercial template checklist (i.e Price schedules 1 to 6) mentioned in
the bidding document.
The Bidder shall confirm and fill the Bid Proposal format and upload the same in the
Commercial checklist template. The price schedules (1 to 6) are to be filled online on
the performas furnished in the Bidding Documents (Vol-IB) in the commercial
template.

10.2 The Bidder shall upload documentary evidence in technical template to establish that
the Bidder meets the Qualifications Requirements as detailed in clause 2.0 of the ITB
of the bidding document.

10.3 On the due date of opening of the bid mentioned in the NIT, first the PQQ template
would be opened and thereafter technical bid template of only eligible bidders would
be opened on the same day.
The commercial bid template (price schedules 1 to6) of only those bidders whose
technical bids are found in order would be opened. Date and time for the commercial
template opening would be conveyed after completion of the evaluation process of
the technical template.

10.4 The EMD is to be submitted as per clause 15.0 of ITB.

10.5 In addition the following documents in original has to be submitted alongwith with
original copy of EMD in the Superintendent/Purchase,MM O/o Chief Engineer/MM,
Shakti Bhawan, Sector-6, Panchkula (Pin:134109).
i) The complete annexures i.e. from annexure-I to XII of “Sample forms and
procedures” (Section –IV) to original including such documents which are
required to be executed on non -judicial stamp paper of requisite value have to
be submitted in a separate envelope.
ii) The constitution or legal status.
iii) The written power of attorney of the signatory of the bid to commit the bidder.
iv) The place of registration and principal place of business.
v) Signatured power of attorney for joint venture (in case of joint venture only).
vi) Submitted with a joint venture agreement providing the joint and severe liability of
all partners in the event the contract is awarded to you (in case of joint venture
only).
vii) The letter of authority of seek reference from your banks.
viii) The duly filled original hard copy of complete bidding document which is uploaded
online by you in the PQQ template and technical template.
11.0 CONTRACT QUALITY ASSURANCE
The bidder shall include in his proposal the Quality Assurance Programme
containing the overall quality management and procedures, which he proposes to
follow in the performance of the contract during various phases as detailed in
relevant clauses of the technical specification.

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12.0 BID PRICE
12.1 Price quoted for each item in the bid form and schedule of prices shall be
reasonable for each item in the judgment of the employer. Under no
circumstances, will a manifestly unbalanced bid be considered.
12.2 The total bid prices are required to be broken down as follows so that subtotals
for supply of materials and services respectively are provided for award of contact:
i. Ex-works price for the materials (in case of bought out items the same are to be
indicated including Excise Duty & Sales Tax applicable.)
ii. Charges for inland transportation and insurance for delivery of the materials upto
their final destinations.
iii. Erection charges, which include unloading at the final destinations, insurance,
storage, erection, testing and commissioning including Civil Works.
iv. Charges for detailed survey.
v. Excise duty and sales tax and any other levies payable by the employer for self-
manufactured items in case the contract is awarded.
12.3 The bidder shall fill in the unit price and total price for all items of goods to be
supplied and services to be rendered described in the schedule of prices, whether
quantities are stated or not. Items against which no unit price is entered by the
bidder will not be paid for by the employer when executed and shall be deemed
to be covered in the prices of other items in the schedule of prices.
12.4 The bidder shall complete the bid form and appropriate price and other schedules
furnished in the bidding documents, indicating the supplies and the services to be
provided.
12.5 Prices quoted by the bidder shall be FIRM during the performance of the contact
except tower and conductor and shall not be subject to variation on any account
12.6 The prices shall be quoted in Indian Rupees only.
12.7 The contractor will not return the scrap and should take this into consideration
while quoting the price in bid.

13.0 BID VALIDITY

13.1 Bids shall remain valid for 4 months from the date of opening of 1st part and
3 months from the date of opening of price bid whichever is later.
13.2 In exceptional circumstances, prior to 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
or by cable. A bidder may refuse the request without forfeiting its bid security. A
bidder agreeing to the request will not be required or permitted to modify its bid,
but will be required to extend the validity of its bid security for the period of the
extension.
14.0 TAXES AND DUTIES:

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14.1 All Custom Duties, Excise Duties, Sales Taxes, work contract tax and other Taxes
and Duties, Levies payable by the bidders in respect of the transaction between
the bidders and their vendors/sub-suppliers while procuring any components, sub
assemblies, raw-materials and equipment shall be included in the bid price and
no claim on this behalf will be entertained by the owners. For bought out items
the Excise Duty and Sales Tax will be included in quoted Ex-Works price and no
tax in any form shall be payable to the supplier in respect of the bought out items
directly despatched from the works of sub-supplier and the sale to HVPN shall be
made on "Sale in Transit basis" where ever possible.
14.2 Sales tax, Excise Duty, local taxes and other levies for self manufactured items in
respect of the transactions between the Owner and the Contractor under the
Contract should be indicated separately, wherever, applicable in the Price
Schedules given in Section VI of Bidding documents.
14.3 As regards the Income Tax, surcharge on Income Tax and other taxes including
tax deduction at source, the Bidder shall be responsible for such payment to the
concerned authorities within the prescribed period.
15.0 BID SECURITY:
15.1 The Earnest Money shall be denominated in Indian Rupees only and shall be in one
of the following forms.

a) The EMD is to be submitted OFFLINE.

b) Through Bank guarantee on the specified format (Annexure-1 of sample forms)
in the form provided in bidding documents.
c) Crossed Bank Draft, a cheque certified by a Banker.

d) Scanned copy of the original Bank Guarantee on the specified format (Annexure-
1 of sample forms)/Demand Draft/a cheque certified by a banker is to be uploaded
in the PQQ template and original is to be submitted manually to the
Superintendent/ Purchase, MM O/o Chief Engineer/MM, Sec-6, Shakti Bhawan,
Panchkula (Pin-134109) before the date & time of opening of bid mentioned in
NIT of the bidding document.

EMD submitted in the shape of Bank guarantee for an amount specified in the NIT
shall be valid for a period of seven (7) calendar months from date of opening of bids.
15.2 The EMD shall be submitted in a sealed envelope in one original and two copies as
per clause 15 of bidding document. NIT No., tender name, Label “EARNEST MONEY
DEPOSIT” and the words "DO NOT OPEN BEFORE ____________ ".should be
clearly mentioned on the envelope.

It is sole responsibility of the bidder to handover the original EMD to the

Superintendent/Purchase, MM O/o Chief Engineer/MM, Sector-6, Shakti Bhawan,
Panchkula (Pin -134109).

The bid submitted by the bidders would be rejected without opening of the technical
template if:

EMD of requisite amount is not deposited.

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 Original EMD (BG, DD etc.) is not submitted manually to the Superintendent/
Purchase, MM O/o Chief Engineer/MM, Sector-6, Shakti Bhawan, Panchkula (Pin-
134109) before the opening date and time of bid mentioned in the NIT.
15.3 The bid securities of unsuccessful bidders will be returned as promptly as
possible as but not later than 30 days after the expiration of the period of bid
validity.
15.4 The bid security of the successful bidder will be returned when the bidder has
signed the agreement and furnished the required performance security.
15.5 The bid security may be forfeited:-
a) If the bidder withdraws its bid except as provided in sub clause 21.1
b) In case the successful bidder, if he fails within specified time limit to:
i) Sign the agreement
ii) Furnish the required performance security.
c) In case, the bidder submits the fraudulent documents to get qualified.
16.0 FORMAT OF BID:
16.1 The original and all copies of the bid shall be typed or written in indelible ink and
shall be signed by the Bidder or a person or persons duly authorised to bind the
Bidder to the Contract. The letter of authorisation shall be indicated by written
Power-of-Attorney accompanying the bid. All pages of the bid, except for un-
amended printed literature, shall be initialled by the person or persons signing the
bid.
16.2 The bid shall contain no inter-lineation, erasures or overwriting except as
necessary to correct errors made by the Bidder, in which case such corrections
shall be initialled by the person or persons signing the bid.
17.0 SIGNATURE OF BIDS:
17.1 The bid must contain the name, residence and place of business of the person or
persons making the bid and must be signed and sealed by the Bidder with his
usual signature. The names of all persons signing should also be typed or printed
below the signature.
17.2 Bid by a partnership must be furnished with full names of all partners and be
signed with the partnership name, followed by the signature(s) and
designation(s) of the authorised partner(s) or other authorised representative(s).
17.3 Bids by Corporation/Company must be signed with the legal name of the
Corporation/Company by the President, Managing Director or by the Secretary,
other person or persons authorised to bid on behalf of such
Corporation/Company in the matter.
17.4 A Bid by a person who affixes to his signature the word `President`, `Managing
Director` `Secretary`, `Agent` or other designation without disclosing his principal
will be rejected.
17.5 Satisfactory evidence of authority of the person signing on behalf of the Bidder
shall be furnished with the bid.

17
17.6 The Bidder’s name stated on the proposal shall be the exact legal name of the
firm.
17.7 Bids not conforming to the above requirements of signing may be disqualified.
18.0 SEALING AND MARKING OF BIDS:
18.1 The bidder would submit the PQQ template, technical template and commercial
template (i.e price schedules 1 to 6) as per clause no. 10.2 of ITB online using the
Haryana e-procurement portal i.e. www.haryanaeprocurement.gov.in. The EMD is to
be submitted as per clause no. 15 of ITB.

18.2 The bid is to be submitted online using state govt. e-procurement portal
www.haryaneprocurement.gov.in
19.0 DEADLINE FOR SUBMISSION OF BIDS:
19.1 The bids are to be submitted only ONLINE using the Haryana e-procurement portal
i.e. www.haryanaeprocurement.gov.in. Bids submitted by ordinary post, registered
post, speed post, courier, personnel, telex/ telegram and any mode other than online
will not be accepted.
19.2 Bids must be received online on the Haryana e-procurement portal i.e.
www.haryanaeprocurement.gov.in and the EMD shall be submitted manually before
the date and time mentioned in the NIT.
19.3 The Owner may, at its discretion, extend this deadline for the submission of bids
by amending the Bidding Document, in which case all rights and obligations of
the Owner and Bidders previously subject to the deadline will thereafter be subject
to the deadline as extended.
20.0 LATE BIDS:
20.1 If original copy of EMD is not received as per clause no.15 of the ITB of the bidding
document then the bid will be rejected by the owner.
21.0 MODIFICATION AND WITHDRAWAL OF BIDS:
21.1 The Bidder cannot modify its bid after closing date of the bid submission mentioned
in NIT.
21.2 No bid may be modified subsequent to the deadline for submission of bids.
21.3 No bid may be withdrawn in the interval between the deadline for submission of
bids and the expiration of the period of bid validity specified by the Bidder on the
Bid Form. Withdrawal/modification of a bid during this interval may result in the
Bidder’s forfeiture of its bid security.
22 INFORMATION REQUIRED WITH THE PROPOSAL:
22.1 The bids must clearly indicate the name of the manufacturer, the type of model of
each principal item of equipment proposed to be furnished and erected. The bid
should also contain drawings and descriptive materials indicating general
dimensions, materials from which the parts are manufactured, principles of
operation, the extent of pre-assembly involved, major construction equipment
proposed to be deployed, method of erection and the proposed erection
organisational structure.

18
22.2 The above information shall be provided by the Bidder in the form of separate sheet
drawings, catalogues, etc. online in the technical template.
22.3 Any bid not containing sufficient descriptive materials to describe accurately the
equipment proposed may be treated as incomplete and hence rejected. Such
descriptive materials and drawings submitted by the Bidder will be retained by the
Owner. Any major departure from these drawings and descriptive material
submitted will not be permitted during the execution of the Contract without
specific written permission of the Owner.
22.4 Oral statements made by the Bidder at any time regarding quality, quantity or
arrangement of the equipment or any other matter will not be considered.
22.5 Standard catalogue pages and other documents of the Bidder may be used in the
bid to provide additional information and data as deemed necessary by the
Bidder.
22.6 The Bidder, alongwith his proposal, shall submit a list of recommended erection
equipment and materials which will be required for the purpose of erection of
equipment and materials supplied under the contract.
22.7 In case the “Proposal” information contradicts specification requirements, the
specification requirements will govern, unless otherwise brought out clearly in the
technical commercial deviation schedules.
23.0 OPENING OF BIDS BY OWNER:
23.1 The Owner will open bids online at the date and time for opening of bids in the
NIT or in case any extension has been given thereto, on the extended bid opening
date and time notified to all the Bidders who have purchased the bidding
documents online.
23.2 The Bidder’s names, terms & conditions, EMD details and other details as the Owner,
at its discretion, may consider appropriate will be announced at the opening.
On the due date of opening of the bid mentioned in the NIT, first the PQQ template
would be opened and thereafter technical bid template of only eligible bidders would
be opened on the same day.
The commercial bid template (price schedules 1 to 6) would be opened after scrutiny
of the technical bid of those bidders whose technical bids are found in order. Date
and time for the commercial template opening would be conveyed in due course.
23.2 No electronic recording devices will be permitted during the opening of bid as well
as price bids.

24.0 CLARIFICATION OF BIDS:

24.1 To assist in the examination, evaluation and comparison of bids the Owner may,
at its discretion, ask the Bidder for a clarification of its bid. The request for
clarification and the response shall be in writing and no change in the price or
substance of the bid shall be sought, offered or permitted.
25.0 EXAMINATION OF BIDS:
25.1 The Owner will examine the bids to determine whether they are complete,
whether any computational errors have been made, whether required sureties
have been furnished, whether the documents have been properly signed, and

19
 whether the bids are generally in order. The price bid of only those bidders will be
opened whose bids are found technically & commercially acceptable.

25.2 The price furnished in various price schedules should be consistent with each
other. In the case of any inconsistency in the price furnished in the specified price
schedules, the owner shall be entitled to consider the lowest prices for the
purpose of evaluation and award of contract. All arithmetical errors will be rectified
on the basis of the unit price or total price (in figures or in words) whichever is
more beneficial to the owner.
26.0 DEFINITIONS AND MEANINGS:
For the purpose of the evaluation and comparison of bids, the following meanings
and definition will apply.
`Bid Price` shall mean the base price quoted by each bidder in his proposal for
the complete equipment and services as defined in price schedules (1 to 6) to be
provided including Excise Duty, Sales Tax payable to the bidder including Freight,
Insurance, Erection, testing & commissioning charges.
27.0 COMPARISON OF BIDS:
27.1 The bids shall be compared on the basis of total prices (i.e. for supply portion and
price for services to be rendered as quoted by the Bidder) for the entire scope as
given in Price Schedules.
27.2 The evaluated bid prices of all the bidders shall be compared among themselves
and as a result of this comparison, the lowest bidder will be called for negotiation
in SHPPC/HPPC for award of the contract.
27.3 The discount arising out of negotiation with SHPPC / HPPC will be proportionally
adjusted on all the items indicated in the price schedule.
27.4 The present negotiation policy guidelines for procurement of specific store
and turnkey contracts has been circulated vide Govt. of Haryana Industries
& commerce department Directorate of Supplies & Disposal vide order no.
2/2/2010-4-IB-II dated 16.06.2014. However, the negotiation policy may be
amended by the Govt. of Haryana and the negotiation shall be carried out
by SHPPC/HPPC as per prevailing negotiation policy on the date of
negotiation.
28.0 CONTACTING THE OWNER:
Bids shall be deemed to be under consideration immediately after they are
opened and until such time official intimation of award/rejection is made by the
Owner to the Bidders. While the bids are under consideration, Bidders and/or their
representatives or the interested parties are advised to refrain from contacting by
any means, the Owner and /or his employees / representative on matters related
to the bids under consideration. The Owner, if necessary, will obtain clarifications
on the bids by requesting for such information from any or all the Bidders, in
writing. Bidders will not be permitted to change the substance of the bids after
the bids have been opened. Any effort by a bidder to influence the purchaser in
any way may result in rejection of the bidder's bid.

20
29.0 AWARD CRITERIA:
29.1 The Owner will award the Contract to the successful bidder, whose bid has been
determined to be substantially responsive and has been determined as the lowest
evaluated bid, provided further that the bidder is determined to be qualified to
perform the Contract satisfactorily. The Owner shall be the sole judge in this
regard.
29.2 Further, the Owner reserves the right to award separate contracts to two or more
parties in line with the terms and conditions specified in the accompanying
technical specifications.
29.3 The award for supply of equipment shall be on the basis of Ex-works price
inclusive of excise duty, sales tax & other taxes and duties.
29.4 Both supply and erection contracts will constitute a divisible supply and erection
contract. The breach in one contract by the successful bidder will automatically
be classified as breach of the other contract for all intents and purposes.
30 OWNER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS:
30.1 The Owner reserves the right to accept or reject any bid, and to annul the bidding
process and 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 Owner’s action.
31.0 LETTER OF AWARD:
31.1 Prior to the expiration of the period of bid validity and extended validity period, if
any, the Owner will notify the successful Bidder in writing by registered letter or by
cable or telex or FAX, to be confirmed in writing by registered letter, that its bid
has been accepted.
31.2 The notification of award will constitute the formation of the Contract.
31.3 Upon the successful Bidder’s furnishing of performance guarantee pursuant to
Clause 33.0 the Owner will promptly notify each unsuccessful Bidder and will
discharge its bid security, pursuant to clause 15.0.

32.0 SIGNING OF CONTRACT:

32.1 Within thirty (30) days of the Notification of award the successful bidder shall, sign
the contract agreement and submit required performance guarantee

33 CONTRACT PERFORMANCE GUARANTEE:

33.1 Within 30 days of receipt of notification of award from the owner, the successful
Bidder, to whom the work is awarded, shall be required to furnish a Performance
Guarantee from a Nationalised Bank, in the form attached in Section-IV to this
Vol-I in favour of the Owner. The guarantee amount shall be equal to ten percent
(10%) of the Contract price and it shall guarantee the faithful performance of the

21
 Contract in accordance with the terms and conditions specified in these
documents and specifications. The guarantee shall be valid upto 90 days after
the end of Warrantee Period.
33.2 The Performance Guarantee shall cover additionally the following guarantees to
the Owner.
a) The successful Bidder guarantees the successful and satisfactory operation of the
equipment furnished and erected under the Contract, as per the specifications
and documents.
b) The successful Bidder further guarantees that the equipment provided and
installed by him shall be free from all defects in design, material and workmanship
and shall upon written notice from the Owner fully remedy free of expenses to the
Owner such defects as developed under the normal use of the said equipment
within the period of guarantee specified in the relevant clause of the Conditions
of contract.
33.3 The Contract Performance Guarantee is intended to secure the performance of
the entire contract.
33.4 The Performance Guarantee will be returned to the Contractor without any
interest at the end of guarantee period.

34.0 QUANTITY VARIATION:

34.1 The provisional quantities required are mentioned in the respective schedule of
prices. Final quantities shall be determined after completion and approval of the
detailed route survey and check survey. The final quantities of towers, gantries,
line materials and foundations shall be confirmed by the employer based on the
requirement of quantities of various items furnished by the contractor after
completion of detailed survey. Hence, it will the responsibility of the contractor to
intimate the exact requirements of all towers, gantries, foundations and line
materials required for line immediately after the survey. The Empowered Officer
of the employer will order the final quantities at the unit rates quoted in the bid.
34.2 The Empowered Officer of the employer reserves the right to increase or
decrease upto 15% (fifteen percent only) of contract value the quantity of bid and
services specified without any change in the unit price or other terms and
conditions during the execution of the contract. The quantities of individual items
may vary upto any extent after the final route plans and route profiles of the lines
covered in the package are finalized.

35.0 SITE VISIT:

35.1 The bidder is advised to visit and examine the site of works and its surroundings
and obtain for itself on its own responsibility all information that may be necessary
for preparing the bid and entering into a contract for construction of the works.
The costs of visiting the site shall be at the bidder's own expense.
35.2 The bidder and any of its personnel or agents will be granted permission by the
Employer to enter upon its premises and lands for the purpose of such visit.

22
36.0 ELECTRICAL CONTRACTOR’S LICENSE:-
36.1 The successful bidder will obtain the Electrical Contractor’s License from
Chief Electrical Inspector to Govt. of Haryana within 3 months of letter of award.
37.0 DEVIATIONS
37.1 Bidders are required to list out all of their deviations taken from the standard
clauses (Technical as well commercial) of bidding documents at one place i.e.
schedule-7 (Commercial deviation schedule) and Schedlue-8 (Technical
deviation schedule) in case of turnkey contracts. It is made very clear to the
bidders that any deviations mentioned at a place other than Schedule-7 & 8, as
the case may be, will not be considered for all intents and purposes. In case the
contract is awarded, the deviations which are not mentioned at desired place
(mentioned herewith) will not have any contractual binding.
37.2 Further the bidder will undertake for the deviation clause as under:
“We/I undertake that except the deviation as mentioned therein. We/I confirm all
other requirements of the technical specification and general conditions of
contract without any deviations of NIT.”

23
 Annexure-A

Policy for change of vendors for supply of equipment

A. For change of vendor in contracts:-

In case the contractor proposes change of vendors other than the list provided in
the contract then the following guidelines shall be followed:-

(i) The contractor will apply for change of vendor in the Performa enclosed as
Annexure-1 enclosing all the documents as specified in the Performa.
(ii) The contractor shall give an undertaking duly supported with documentary proof
from all the vendors already provided in the contract clearly specifying the reasons
for their inability to supply the material.
(iii) The vendor registration subsequent to the date of floating of tender can be
considered for supply of material after making a deduction of 10% of the contract
value of the equipment/ material subject to full filling the qualification requirement
as per provisions in the contract.
(iv) Contractor will provide the additional guarantee/ warranty of the equipment for a
period of additional two years along with performance bank guarantee equivalent
to 10% of the cost of material / equipment valid up to extended guarantee/
warranty period.
(v) Delay (if any) in project on account of change of vendor shall be attributable to
EPC contractor.
(vi) The change of vendor in such cases will be allowed with the approval of WTDs.
(vii) In case of change of vendor, WTDs shall have the competency of waive off the
proposed reduction in contract value by 10% of the value of equipment/ material
and provision of additional performance bank guarantee of 10% in case the
equipment being substituted belongs to a reputed manufacturer e.g. Siemen,
Alstom, AREVA, ABB, CGL or equivalent.
(viii) If a vendor was already approved by the WTDs on the date of floatation of an NIT
but his name was inadvertently missed out from the list of vendors provided in the
bid documents, such vendor can be included in the list of without imposition of
penalty.

24
 ANNEXURE-1

VENDOR CHANGE REQUEST FORM

a. Item description

b. Name of vendors as per contract

c. Name of proposed vendor

d. Full address

e. Company registration detail

Registration No.

PAN No.

TIN No.

Sale tax no.

Service tax no.

f. PF/ESI Registration certificate

g. Manufacturing Address

h. Manufacturing capacity

i. Financial statement of last 3 years

j. Affidavit regarding non-blacklisting (for last 5

years)

k. Quantity to be supplied

l. List of past supplies (Power Utilities)

m. Copy of purchase orders for last 5 years

n. Satisfactory performance certificate of 2 years

o. Type test reports and any other special test of

respective material as per technical specifications/
contract

p. An undertaking duly supported with documentary

proof from all the vendors already provided in the
contract clearly specifying the reasons for their
inability to supply the material

25
q. An undertaking that delay (if any) in project on
account of change of vendor shall be attributable
to EPC contractor

Signature of the authorsied signatory

(Name of the signatory)

Rubber stamp of the firm / Company

26
 Sequential Certificate for related civil and erection activities

Ref. No:

Date:

To

M/s....................................................

..........................................................

..........................................................

REF.: Contract No. …………………….. dated ................... for ........…….........................

awarded by....(insert name of the Employer).........

Dear Sir,

Kindly refer to Dispatch Authorization Document No. ………............ dated ................. It is

certified that the civil/erection activities related to the following Equipment/material
have been completed/likely to be completed shortly:

Sr.No. Description Quantity

This certificate is issued for the sole purpose of claiming the payment for the above
mentioned items against the subject cited contract and for no other purpose,
whatsoever.

(Signature of Xen/TS )

Designation…........................

27
28
29
30
31
32
33
SECTION – III

CONDITIONS

OF
CONTRACT
(COC)

34
 SECTION: III
CONDITIONS OF CONTRACT
CONTENTS
Clause No. Description Page No.
1. Definitions and Interpretations 42
2. Employer’s Decisions & instructions 44
3. Assignment 45
4. Subcontracting 45
5. Contract Documents 45
6. Drawings 46
7. Errors in Drawings 47
8. Obligations of the Contractor 48
9. Contract Agreement 48
10. Performance Security 48
11. Contract Price 49
12. Programme 50
13. Contractor’s Representative 50
14. Contractor’s Construction Management 51
15. Compliance with Laws 52
16. Patents 52
17. Obligations of the Employer 53
18. Labour 54
19. Workmanship and Materials 55
20. Inspection & Testing 55
21. Rejection 56
22. Permission to Deliver 56
23. Suspension of Works, Delivery of Erection 57
24. Effects of suspension 57
25. Time for completion 58
26. Extension of time for completion 59
27. Liquidated Damages 63
28. Tests on Completion 63
29. Taking over 65
30. Defects after Taking Over 65
31. Variations 68
32. Ownership of Plant 70
33. Certificates and Payment 70
34. Claims 74

35
Clause No. Description
35. Currency and Rates of Exchange 75
36. Provisional Sums 75
37. Risk and Responsibility 76
38. Care of the Works 76
39. Passing of Risk 77
40. Damage to Property and injury to Persons 77
41. Accidents 78
42. Limitations of Liability 78
43. Insurance 79
44. Force Majeure 80
45. Contractor’s Default 82
46. Employer’s Default 83
47. Changes in Cost and Legislation 84
48. Customs 84
49. Notices 84
50. Settlement of Disputes 84
51. Arbitration 85
52. Taxation 85
53. Advertising 86
54. Quantity Variation 86
55. Progress Report 86

36
 SECTION-III
CONDITIONS OF CONTRACT
1. Definitions and Interpretations
1.1 Definitions
In the contract (as herein after defined), the following words and expressions shall
have the meanings hereby assigned to them:
1.1.1 “Commencement Date” means the date of signing of contract.
1.1.2 “Conditions” means Conditions of Contract.
1.1.3 “Contract” means agreement between the Employer and the Contract for the
execution of the works incorporating the conditions, specification, Employer’s
Drawings and Contractor’s Drawings, price & other completed schedules, Bid,
Letter of Award and such further documents as may be expressly incorporated in
the letter of award.
1.1.4 “Contract Agreement” means the document recording the terms of the contract
between the Employer and the Contractor.
1.1.5 “Contract Price” means the sum stated in the letter of Award as payable to the
contractor for execution and commissioning of the works and adjusted, after
optimisation, on the basis provided in the contract. It shall be the sum total of all
the amount entered by the contractor in the schedule of prices.
1.1.6 “Contractor” means the person whose Bid has been accepted by the Employer
and the legal successors in title to the contractor but not (except with the consent
of the Employer) any assignee of the contractor.
1.1.7 “Contractor‘s Drawings” means all drawings, samples, patterns, models and
operation and maintenance manuals to be submitted by the contractor in
accordance with clause 6 under the contract.
1.1.8 “Contractor’s Equipment” means all appliances or things of whatsoever nature
required for the purposes of the works but does not include plant.
1.1.9 “Contractor Risk” means the risk defined in sub clause 37.3.
1.1.10 “Defects Liability Certificates” mean the certificate to be issued by the Employer
to the contractor in accordance with sub clause 30.11.
1.1.11 “Defects Liability Period” means one year following commissioning of line on load
and taking over during which the contractor is responsible for making good
defects and damage in accordance with clause 30.
1.1.12 “Employer” means the HARYANA VIDYUT PRASARAN NIGAM LIMITED and
the legal successors in title to the Employer but not (except with the consent of
the contractor) any assignee of the Employer.
1.1.13 ”Employer’s Drawings” means all the drawings and information provided by the
Employer to the contractor under the contract.

37
1.1.14 “Force Majeure” has the meaning assigned to it under sub clause 44.1.
1.1.15 ”Gross Misconduct” means any act or omission of the contractor in violation of the
most elementary rules of diligence, which a conscientious contractor in the same
position and under the same circumstances would have followed.
1.1.16 “Letter of Award” means the formal award by the Employer of the bid
incorporating any adjustments or variations to the bid agreed between the
Employer and the contractor.
1.1.17 “Performance Security” means the security to be provided by the contractor in
accordance with sub clause 10.1 for the due performance of the contract.
1.1.18 “Plant “ means tower, tower parts, line materials, and all things to be provided
under the contract for incorporation in the works.
1.1.19 “Programme” means the programme to be submitted by the contractor in
accordance with sub-clause 12.1 and any approved revisions thereto.
1.1.20 “Provisional Sum” means a sum described as such for the execution of works or
for the supply of goods or services, to be used in accordance with sub-clause
36.1.
1.1.21 “Risk Transfer Date” means the date when the risk of loss or damage to the works
passes from the contractor to the Employer in accordance with sub-clauses 38.2
& 39.1.
1.1.22 “Schedule of Prices” means the completed price Schedule or any part or
individual schedule thereof, submitted by the contractor with his bid and forming
a part of the contract documents.
1.1.23 “Site” means the place or places, where work is to be done by the contractor or
to which Plant is to be delivered, together with so much of the area surrounding
the same as the contractor shall with the consent of the Employer use in
connection with the works, otherwise than merely for the purposes of access.
1.1.24 “Specification” means the specification of the works included in bidding
documents and includes the contract and any modification thereof made under
clause 31.
1.1.25 “Subcontractor” means any person (other than the contractor) named in the
contract for any part of the works or any person to whom any part of the contract
has been subcontracted with the consent of the Employer and the
Subcontractor’s legal successors in title but not any assignee of the
subcontractor.
1.1.26 “Taking-Over Certificate” means the certificate to be given by the Employer to
the Contractor in accordance with clause 29.
1.1.27 “Bid” means the contractor’s priced offer to the Employer for the execution of the
works.
1.1.28 “Tests on Completion” means the tests specified in the Contract or otherwise
agreed by the Employer and the contractor to be performed before the works are
taken over by the Employer.

38
1.1.29 “Time for completion” means the time stated in the Conditions of Contract for
completing the works or any part thereof and passing the tests on completion
calculated from the commencement date unless extended in accordance with
clause-26.
1.1.30. “Variation Order” means any written order, identified as such, issued to the
contractor by the Employer under sub clause 31.1.
1.1.31. “Works” means all Plant to be provided and work to be done by the contractor
under the contract.
1.1.32. “Government” means the Government of India.
1.1.33. “Other Contractor” means any party or parties having a direct contract with the
Employer for the work outside the scope of this contract and shall include any
subcontractor of this “other Contractor.”
1.1.34. “Engineers” shall mean the Chief Engineer (MM), HVPN, Panchkula to act as
“Empowered Officer”, from time to time for the purpose of the contract.
1.2. Written Communication:-
Wherever in the contract provision is made for communication to be “Written” or
“in writing” this means any hand-written, type written or printed communication
including telex, cable and facsimile transmission.
1.3. Notice, Consents and Approvals’
Wherever in the contract provision is made for giving of notice, consent or
approval by any person, such consent or approval shall not be un - reasonably
with held. Unless otherwise specified, such notice, consent or approval shall be
in writing and the word “notify” shall be construed accordingly.
1.4. Costs, Overhead Charges and Profit.
Whenever by these conditions, the contractor is entitled to be paid cost, such cost
shall be properly incurred and shall include any overhead charges, properly
allocable thereto, but not profit unless so stated. Any profit entitlement shall be
added to cost at the percentage of 10%.
1.5. Periods.
In these conditions “day” means calendar day, however, “working day” as used
therein means all calendar days excluding Sunday and all legal holidays within
India “Month and Year” and all dates shall be reckoned according to the Gregorian
calendar.
2. Employer’s Decisions and Instructions.
2.1 The Contractor shall proceed with the decisions and instructions given by the
Employer or its representative in accordance with these conditions.

2.2 Confirmation in Writing

The Contractor may require the Employer to confirm in writing any decision or
instruction of the Employer which is not in writing. The contractor shall notify the

39
 Employer of such requirement without undue delay. Such a decision or instruction
shall not be effective until written confirmation thereof has been received by the
contractor.
3.0 Assignment
3.1 The contractor shall not assign the contract or any part of his obligations under
the contract without the prior written consent of the Employer (which shall not be
unreasonably withheld). A charge in favour of the contractor’s bankers of any
monies due under the contract shall not be considered an assignment.
4.0 Subcontracting
4.1 (a) The contractor shall not sub-contract the whole of the works. Except where
otherwise provided by the contract, the contractor shall not sub-contract any part
of the works without the prior written consent of the Employer (which shall not be
unreasonably withheld). Any such consent, if given, 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 subcontractor, his agents,
servants or workmen as fully as if they were the acts, defaults or neglects of the
contractor, his agents or employees.
(b) If any Subcontractor, engaged upon the works either executes any work which,
in the opinion of the Employer, is not in accordance with the contract or, in the
opinion of the Employer, for any other reason is undesirable, the Employer may
require the contractor by written notice to terminate the subcontract and the
contractor shall immediately dismiss the subcontractor and the latter shall
forthwith leave the site.
(c) All correspondence from any Subcontractor to the Employer shall be submitted
only through the contractor. Correspondence by the Subcontractor sent directly
to the Employer will not be acknowledged.
5.0 Contract Documents
5.1 Ruling Language
Where versions of the contract are prepared in different languages, the
English version shall prevail.
5.2 Day to Day communications
The day to day communications shall be in English language only.
5.3 Priority of contract Documents
Unless otherwise provided in the contract the priority of the contract documents
shall be as follows:
1. The letter of award
2. The Technical Specifications
3. Conditions of contract
4. Bidder’s priced offer
5. Any other documents forming part of the contract

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5.4 Documents Mutually Explanatory
Subject to sub-clause 5.3, the contract documents shall be taken as mutually
explanatory. Any ambiguities or discrepancies shall be clarified by the Employer.
If the contractor considers that compliance with such instructions will result in any
cost, which the contractor could not reasonably have anticipated, he shall
forthwith inform the Employer with full supporting details. The Employer shall
them, if he approves, certify such costs as may be reasonable, together with profit
where appropriate, which shall be added to the contract price.
If on the other hand compliance with such instructions results in lower costs for
the contractor than he had reason to anticipate, the Employer shall certify a
deduction from the contract price allowing for profit where appropriate.
Anything mentioned in the specifications and not shown on the drawings, or
shown on the drawings and not mentioned in the specifications, shall be of like
effect as if shown or mentioned in both. In case of any difference between scaled
dimensions and figures on the drawings, the figures shall prevail. In case of any
difference between drawings and the specifications, the specifications shall
prevail.
6. Drawings
6.1 Contractor’ s Drawings
The contractor shall submit to the Employer for approval:

a) Within the time given in the contract or in the programme such drawings, samples,
models or information as may be called for therein, and in the numbers therein
required, and
b) During the progress of the works, such drawing of the general arrangement and
details of the works as specified in the contract.
The Employer shall signify his approval or disapproval thereof. If he fails to do so
within the time given in the contract or the programme or if no time limit is
specified, within 21 days of receipt, they shall be deemed to be approved.
Approved drawings, samples and models shall be signed or otherwise identified
by the Employer.

The contractor shall supply additional copies of approved drawings in the form
and numbers stated in the contract.
6.2 Consequences of disapproval of Contractor’s Drawings
Any Contractor’s drawings, which the Employer disapproves, shall be
forthwith modified to meet the requirements and shall be re-submitted.
6.3 Approved Contractor’s Drawings.
Approved Contractor’s drawings shall not be departed from except as provide in
clause 31.

41
6.4 Inspection of Contractor’s Drawings
The Employer shall have the right at all reasonable times to inspect, at the
Contractor’s premises, all contractor’s drawings of any part of the works.
6.5 Employer’s Use of Contractor’s Drawings
Contractor’s drawings may be used by the Employer for no other purpose than
completing, operating, maintaining, adjusting and repairing the works.

6.6 Contractor’s Use of Employer’s Drawings

The Employer’s drawings, specification and other information submitted by the
Employer to the Contractor shall remain the property of the Employer. They shall
not, without the consent of the Employer, be used, copied or communicated to a
third party by the contractor unless necessary for the purposes of the contract.
6.7 Manufacturing Drawings

Unless otherwise specified in the Technical Specifications (Section V) the

contractor shall not be required to disclose to the Employer, the Contractor’s
confidential manufacturing drawings, designs, know-how or manufacturing
practices processes or operations.
7. Errors in drawings
7.1 Errors in Contractor’s Drawings
The contractor shall be responsible for any errors or omissions in the Contractor’s
drawings unless they are due to incorrect Employer’s Drawings or other written
information supplied by the Employer. Approval by the Employer of the
Contractor’s drawings shall not relieve the contractor from any responsibility
under this Sub-clause.

The contractor shall bear any costs he may incur as a result of delay in providing
contractor’s drawings and other information or as a result of errors or omissions
therein, for which the contractor is responsible.

The contractor shall at his own cost carry out any alterations or remedial work
necessitated by such errors or omissions for which he is responsible and modify
the contractor’s drawings and such other information accordingly.
The performance of contractor’s obligations under this clause shall be in full
satisfaction of his liability under this clause but shall not relieve him of his liability
under sub-clause 27.1.
7.2 Errors by Employer
The Employer shall be responsible for the Employer’s drawings and for other
written information supplied by him. If such Employer’s drawings, information or
details are incorrect and necessitate alterations of the work, the Employer shall
pay the Contractor the cost of the alterations together with profit as mutually
agreed.

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8. Obligations of the Contractor
8.1 General Obligations

The contractor shall, in accordance with the contract, with due care and diligence,
carry out the works as per the scope of work defined in the Technical
Specifications within the time for completion. The Contractor shall also provide
all necessary contractor’s equipment, superintendence, labour and all necessary
facilities therefor.
The Contractor shall be deemed to have carefully examined the bidding
documents, the site and the existing installations, as applicable, and to have
satisfied himself as to the nature and character of the work to be executed, the
prevailing meteorological conditions as well as the local uses and conditions and
any other relevant matters and details.
Any information received from the Employer shall not in any way relieve the
contactor from his responsibility for supplying the equipment and material and
executing his work in terms of the contract, including all details and incidental
work and supply of all accessories or apparatus, which may not have been
specifically mentioned in the contract but are necessary for ensuring the complete
installation and a safe and efficient operation of the plant.

8.2 Setting Out

The Contractor shall set out the works in relation to original points, lines and levels
of reference given by the Employer in writing and provide all necessary
instruments, appliances and labour for such purposes.
If, at any time during the execution of the works, any error appears in the positions,
levels, dimensions or alignment of the works, the contractor shall rectify the error.
The Contractor shall bear the cost of rectifying the error, unless the error results
from incorrect information supplied in writing by the Employer, or from default by
another contractor of the Employer, in which case the cost together with profit
shall be borne by the Employer.
The checking of any setting -out by the Employer shall not relieve the Contractor
of his responsibility for the accuracy thereof.
9. Contract Agreement
The contractor shall execute a contract agreement recording all the terms of the
contract, to be prepared by and completed at the cost of the contractor in the form
provided in section – IV.

10. Performance Security

10.1.1 The contractor shall obtain a performance security, in the sum of 10% of the total
contract price within 30 days after the receipt of the Letter of Award. The
performance security shall be provided by a person and in a form approved by
the Employer. The cost of complying with the requirements of this clause shall be
borne by the contractor. The security shall be furnished valid initially till the expiry

43
 of the Defects Liability period of 12 months, and shall be extended appropriately
as Defects liability period is extended in accordance with clause 30.4. The value
of the performance security shall be reduced to 5% of the total contact price as
soon as the Employer has issued a taking over certificate in accordance with Sub
clause 29.2.
The form of the performance security shall be as provided in section IV of this
bidding document or in some other format that is acceptable to the Employer. In
the event of any change in the contract price, the performance security shall be
adjusted provided that such adjustment shall be subject to the approval of the
Employer. The performance security shall be paid to the Employer on first
demand without conditions or proof.
10.2 Period of Validity
The performance security shall be valid until the contractor has executed,
completed and remedied defects in the works in accordance with the contract. No
claim shall be made against the performance security after the issue of the
Defects Liability Certificate and the performance security shall be returned to the
contractor within 14 days of the issue of the Defects Liability Certificate.
11.0 Contract Price
11.1 Sufficiency of Contract Price
The contractor shall be deemed to have satisfied himself of and taken account of
in his bid:
a. All the conditions and circumstances affecting the contract price.
b. The possibility of carrying out the works as described in the contract.
c. The general circumstances at the site.
d. The general labour position at the site and
e. With respect to the above provision, the contractor shall be deemed to have
also satisfied himself, before bidding, with
- Existing conditions, nature of existing roads and bridges and other means
of access to the site.
- Presence of artificial obstructions on ground or underground or in air,
boulders, or released water from and structures constructed for the existing
sub-station, or the like
- Stability of existing slopes in the site
- Nature of the surface and subsurface on or in which the works are to be
executed or in the immediate vicinity of the works, and the nature and extent
of surface water or water contained in the subsoil by which the works may
be affected under all possible climatic conditions.

If the specification does not contain particulars of materials and works which are
obviously necessary for the proper completion of the works, and the intention to
include, which is nevertheless to be inferred, all such materials and works shall
be supplied and executed by the contractor without extra charge. If the contractor
required additional information, he shall so request in writing to the Employer, who
will provide such detailed information as necessary within a reasonable time.

44
 The contractor shall be responsible for checking the information given in writing
by the Employer for obvious omissions or inconsistencies, and for his
interpretation of information received from whatever source.

11.2 Physical Obstructions and Conditions

If during the execution of the works on site the contractor encounters physical
obstructions or conditions, which could not reasonably have been foreseen by the
contractor, the Employer shall certify, and there shall be added to the contract
price, the additional cost of complying with any instruction which the Employer,
after due consultation with the contractor issues to the contractor in connection
therewith.
12. Programme
12.1 Programme to be Furnished
After award of contract, the successful bidder shall submit its own PERT/BAR
chart indicating the various activities prescribed in Performa attached at
Annexure-XI. The PERT Charts submitted shall be considered and approved by
the empowered officer after discussions with the bidder, if necessary. No
deviation in the completion targets will be accepted. The payments for supply of
equipment and erection portion shall be regulated as per approved PERT chart.
12.2 Alteration to Programme
No material alteration to the programme shall be made without the approval of
the Employer.
12.3 Revision of Programme
If the progress of the works does not conform to the programme, the Employer
may instruct the contractor to revise the programme.
13. Contractor’s Representative
13.1 The contractor shall, in addition to a project co-ordinator, employ one or more
competent representatives to superintend the carrying out of the works on site.
They shall be fluent in the language for day to day communications. Their names
shall be communicated in writing to the Employer before work on site begins.
Any instruction or notice which the Employer gives to the Contractor’s
representatives shall be deemed to have been given to the contractor.
At least one of the contractor’s competent representatives on each site shall be
fluent in speaking, writing, reading and understanding English.
13.2 Objection to Contractor’s Employees
The contractor shall, upon the Employer’s written instruction, remove from the
works any person employed by him in the execution of the works, who
misconduct’s himself or is incompetent or negligent.

45
14. Contractor’s Construction Management
14.1 Contractor’s Equipment
The contractor shall provide all contractor’s equipment haulage & power
necessary to complete the works, including transport at his own cost.
All contractor’s Equipment’s shall, when brought on to the site, be deemed to be
exclusively intended for the execution of the works. The Employer shall have lien
on all such equipment brought to Site for the purpose of erection, testing and
commissioning of the transmission line.
The contractor shall not remove from the site any such equipment, except:
a) When it is no longer required for the completion of the works, or
b) When the Employer has given his consent.
14.2.1 Safety Precautions
The contractor shall observe all applicable regulations regarding safety on the
site. Unless otherwise agreed, the contractor shall, from the commencement of
work on site until taking over, provide:
a) Fencing, lighting, guarding and watching of the works and
b) Temporary roadways, footways, guards and fences, which may be necessary for
the accommodation and protection of owners and occupiers of adjacent property,
the public and others.
14.2.2 Electricity and Water
The Contractor shall be entitled to use for the purposes of the works such supplies
of electricity and water as may be available on the site and shall provide any
apparatus necessary for such use. The contractor shall pay the Employer at the
applicable tariff plus the Employer’s overheads, if any, for such use. Where such
supplies are not available, the contractor shall make his own arrangement for
provision of any supplies he may require.
14.3 Employer’s equipment
The contractor shall pay hire charges as may reasonably be levied for the
Employer’s equipment, if any, and also provide the transport, haulage, power etc.
at his own cost.
14.4 Clearance of Site
The contractor shall from time to time during the progress of the works clear away
and remove all surplus materials and rubbish. On completion of the works the
contractor shall remove all contractor’s equipment and leave the whole of the site
and the works clean and in a workmanlike condition, to the satisfaction of the
Employer. The contractor shall obtain prior approval of the Employer to remove
surplus materials.

46
14.5 Opportunities for other Contractors
The contractor shall in accordance with the Employer’s instructions, cooperate
with and afford to other contractors engaged by the Employer to work on the site
and persons lawfully so engaged upon the site all reasonable opportunities for
carrying out their work provided that the same shall not obstruct or disturb the
progress of the works. The contractor shall also afford such opportunities to the
employees of the Employer.
14.6 Authority for Access
No persons other than the employees of the contractor and his subcontractors
shall be allowed on the site except with the written consent of the Employer.
Facilities to inspect the works shall at all times be afforded by the contractor to
the Employer and his representatives, authorities and officials.
15. Compliance with Laws
15.1 Compliance with Statutes, Regulations.
The contractor shall in all matters arising in the performances of the contract,
comply in all respects with, give all notices and pay all fees required by the
provisions of any national or state statute, ordinance or other law or any
regulations or by law of any duly constituted authority.
The contract shall in all respects be construed and interpreted in accordance with
the laws in force in India, including any such laws passed or made or coming into
force during the period of the contract.
15.2 Compliance with Laws.
The contractor shall comply with the laws of India for manufacturing of equipment
and erection of the lines.
16.0 Patents.
[

16.1 Patent Rights

The contractor shall indemnify the Employer against all claims of infringement of
any patent, registered design, copyright, trade mark or trade name or other
intellectual property right provided that all of following conditions are satisfied:
a) The claim or proceedings arisen out of the design, construction, manufacture or
use of the works or any plant supplied by the contractor.
b) The right was protected at the date of the contract in the contractor’s country or
the country in which the plant is to be manufactured or erected.
c) The infringement or allegation of infringement was not caused by any use of the
works, otherwise than for the purpose indicated by or reasonably to be inferred
from the specification.
(d) The infringement or allegation of infringement was not caused by the use of any
plant in association or combination with any plant not supplied by the contractor,

47
 unless such association or combination was disclosed to the contractor prior to
the date of the bid.
The infringement or allegation of infringement was not caused by the contractor
following the design or instructions of the Employer.
16.2 Claims in respect of Patent Rights
The contractor shall be promptly notified of any claim under this clause made
against the Employer. The Contractor may at his own cost conduct negotiations
for the settlement of such claim and any litigation that may arise therefrom.
The Employer shall not make any admission which might be prejudicial to the
contractor unless the contractor has failed to take over the conduct of the
negotiations or litigation within a reasonable time after having been so requested.
The Contractor may not, however, conduct such negotiations or litigation before
he has given the Employer such reasonable security as the Employer may
require. The security shall be for an amount which is an assessment of
the compensation, damages, expenses and costs for which the Employer may
become liable and which are the subject of the indemnity under subclause 16.1.
The Employer shall, at the request of the contractor, provide all available
assistance for the purpose of contesting any such claim or action and shall be
repaid all reasonable costs incurred in so doing by the contractor.
16.3 Payment for Equipment in Patent Dispute
The Employer will not make payment for equipment against which there is an
unresolved claim for patent infringement.
17. Obligations of the Employer
17.1 Access to and Possession of the Site
The Employer shall in reasonable time grant the Contractor access to and
possession of the site, which may, however, not be exclusive to the contractor.
The contractor shall provide at his own cost any access foot pass structures,
bridges and approach to the work sites from public roads in accordance with the
requirement stipulated in the Technical Specification.
17.2 Assistance with local Regulations.
The Employer shall assist to the extent possible the contractor in ascertaining the
nature an extent of any laws, regulations, orders or by-laws and customs where
the plant is to be erected, which may affect the contractor in the performance of
his obligations under the contract. The Employer shall if so requested procure for
the contractor copies thereof where available and information relating thereto at
the contractor’s cost.
17.3 Consents and Way leaves
The Employer shall within the time indicated by the contractor in his programme
prepared under clause 12 obtain or grant all consents including permits to work,
way leave and approvals required for the works.

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18. Labour
18.1 Engagement of Labour
The contractor shall, unless otherwise provided in the contract, make his own
arrangements for the engagement of all labour and for their payment, housing,
feeding and transport.
The contractor shall pay rates of wages and allowances according to the nature
of the works and observe hours and working conditions of his employees, so as
to be no less favourable to the employees than those generally prevailing in the
region where the works are to be carried out. At the same time the contractor
shall observe all regulations prescribed by the law of the Government and shall
strictly comply with any agreement, custom, practice or award relating to the
wages.
The contractor is encouraged, to the extent practicable and reasonable, to employ
staff and labour with the required qualifications and experience form sources
within the region of work.
18.2 Returns of Labour
The Contractor shall submit detailed returns showing the supervisory staff and
the numbers of the several classes of labour from time to time employed by the
contractor and subcontractors on the site. The returns shall be submitted in such
form and at such intervals as the Employers may prescribe.
The contractor shall within twenty four (24) hours of the occurrence of any
accident at or about the site or in connection with the execution of the works report
such accident to the Employer. The contractor shall also report such accident to
the competent authority whenever such report is required by the law.
The contractor shall keep proper wages books and time sheets showing the
wages paid to and the time worked by all workmen employed by him in and for
the performance of the contract and shall produce such wages’ books and time
sheets on demand for inspection by any persons duly authorised by the Employer
and shall furnish to the Employer such information relating to the wages and
conditions of employment of such workmen as the Employer or his duly
authorised representative may from time to time require.
18.3 Restriction on Working Hours.
No work shall be carried out on the Site outside normal working hours or on the
locally recognised days of rest, unless:
a) The contract so provides, or
b) The work is unavoidable or necessary for the saving of life or property or for the
safety of the works, in which case the contractor shall immediately advise the
Employer, or
c) The Employer gives his consent.
18.4 The contractor will be expected to employ on the work only his regular skilled
employees with experience of the particular type or work. No female labour shall

49
 be employed after darkness. No person below the age of eighteen years shall be
employed. In case the Employer becomes liable to pay any wage or dues to the
labour or any Government agency under any of provisions of the minimum wages
act, workmen compensation Act, Contract Labour Regulation Abolition Act or any
other law due to act of omission of the contractor, the Employer may make such
payments and shall recover the same from the contractor’s bills.
19. Workmanship and Materials

19.1 Manner of Execution

All plant to be supplied shall be manufactured and all work to be done shall be
executed in the manner set out in the contract.
Where the manner of manufacture and execution is not set out in the contract,
the work shall be executed in a proper and workmanlike manner in accordance
with recognised good practice.
19.2 Covering Up Work
The contractor shall give the Employer full opportunity to examine, measure and
test any work on site which is about to be covered up or put out of view.
The contractor shall give due notice to the Employer whenever such work is ready
for examination, measurement or testing.
The Employer shall then, unless he notifies the contractor that he considers it
unnecessary, without unreasonable delay carry out the examination,
measurement or testing.
19.3 Uncovering Work
If so instructed by the Employer, the Contractor shall expose any parts of the
works. The Contractor shall reinstate and make good such parts to the Employer’s
satisfaction.
If any parts of the works have been covered up or put out of view by the Contractor
after complying with sub-clause 19.2 and are found to be in accordance with the
contract the cost incurred by the contractor in complying with the Employer’s
instructions including profit shall be certified by the Employer and added to the
contract price. In any other event, all costs shall be borne by the contractor.

20.0 Inspection & Testing

20.1 Independent Inspection
The Employer may, if so provided in the Contract or with the Contractor’s consent,
delegate inspection and testing of plant to an independent inspector.
20.2 Inspection and Testing During Manufacture
The Employer shall be entitled during manufacture to inspect, examine and test
the materials and workmanship and check the progress of manufacture of all plant
to be supplied under the contract. This shall take place on the contractor’s
premises during working hours. If plant is being manufactured on other premises,

50
 the contractor shall obtain permission for the Employer to carry out such
inspection, examination and testing on those premises.
No such inspection, examination or testing shall release the contractor from any
obligation under the contract.

20.3 Inspection of material & issue of DI

Inspector for the inspection shall be nominated within seven (7) days from
the receipt of inspection call from the contractor. Delay beyond this period
will count towards the Employer. Employer shall issue a certificate for
acceptance of factory tests & issue DI within 15 days of the receipt of
inspection report. Delay beyond this period will count towards delay on the
part of the Employer. The Contractor shall provide the Employer with three
(3) copies of report of all Inspection and tests.

20.4 Facilities for Testing

Where the Contract provides for tests on the premises of the contractor or of any
Sub-Contractor, the Contractor shall provide such assistance, labour, materials,
electricity fuel stores, apparatus and instrument as may be necessary to carry out
the tests efficiently.
21. Rejection

21.1 If, as a result of the inspection, examination or testing referred to in clause 20, the
Employer decides that any plant is defective or otherwise not in accordance within
the Contract, he may reject such plant and shall notify the contract thereof
immediately. The notice shall state the Employer’s objections with reasons. The
Employer shall not reject any Plant for minor defects which do not affect the
commercial operation of such plant.
The contractor shall then with all speed make good the defect or ensure that any
rejected plant complies with the contract.
If the Employer requires such Plant to be retested, the tests shall be repeated
under the same terms and conditions. All cost incurred by the Employer in the
repetition of the tests shall be deducted from the Contract Price.
22. Permission to Deliver
22.1 The Contractor shall apply in writing to the Employer for permission to deliver any
plant or Contractor’s Equipment to the Site. No Plant or Contractor’s Equipment
may be delivered to the Site without the Employer’s written permission in the form
of Material Inspection & Clearance Certificate (MICC) for Despatch.
The Contractor shall be responsible for the receipt at Site of all Plant and
Contractor’s Equipment delivered for the purposes of the contract and shall, upon
arrival at site, give a notice to the Employer when and where it has arrived and/
or been stored.

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23. Suspension of Works, Delivery or Erection
23.1 Order to Suspend
The Employer may at any time instruct the Contractor to:
a) Suspend progress of the works, or

b) Suspend delivery of plant or Contractor’s Equipment which is ready for delivery

to the site at the time for delivery specified in the Programme, or if no time is
specified, at the time appropriate for it to be delivered, or

c) Suspend the erection of plant which has been delivered to the site.
When the Contractor is prevented from delivering or erecting plant in accordance
with the Programme by reason of any delay or failure on the part of the Employer,
or of failure by the Employer to give permission to deliver or by any cause for
which the Employer is responsible, the Employer shall be deemed to have
instructed a suspension provided the contractor has given the notice of the same
within fifteen (15) days of such occurrence and the Employer does not respond
to such a notice by the Contractor.
The Contractor shall during suspension protect and secure the works or plant
affected at the contractor’s works or elsewhere or at the site, as the case may be,
against any deterioration, loss or damage.
24. Effects of Suspension
24.1 Cost of Suspension
The additional cost incurred by the Contractor in protecting, securing and insuring
the works or Plant and in following the Employer’s instructions under sub-clause
23.1 and in resumption of the work, shall be added to the contract Price except
that no such addition to the contract price shall be made if the suspension or
deemed suspension is for a period less than 10 days.
The Contractor shall not be entitled to be paid any additional costs if such
suspension is necessary by reason of a default on the part of the contractor or for
the proper execution, or for the safety of the works or plant, unless such necessity
results from any act or default of the Employer or in consequence or any of the
Employer’s risks.
The Contractor shall not be entitled to additional costs unless he notifies the
Employer of his intention to make such claim, within 10 days after receipt of the
order to suspend progress or delivery or of the date of deemed suspension under
sub-clause 23.1.

24.2 Payment in Event of Suspension

The Contractor shall be entitled to payment as at the date of suspension for Plant
which has not been delivered to Site if the work on Plant or delivery of Plant has
been suspended for more than 3 months.
A certificate of payment shall be issued on condition that:

52
 a) The contractor has marked the plant as the Employer’s property in
accordance with the Employer’s instructions, and
b) The suspension is not due to the contractor’s default.
24.3 Prolonged Suspension
If suspension under clause 23.1 has continued for more than 180 days and the
suspension is not due to the Contractor’s default, the Contractor may give notice
to the Employer requiring permission to proceed with the works within 30 days.
If permission is not granted within that time, the Contractor may treat the
suspension as an omission under clause 31 of the portion it affects, or if the
suspension affects the whole of the works, terminate the contract and the
provisions of clause 46 shall apply.
24.4 Resumption of work
If the Contractor chooses not to treat prolonged suspension as an omission or
termination under sub-clause 24.3 the Employer shall upon the request of the
contractor, take over the responsibility for protection, storage, security and
insurance of the suspended works and of the plant which has been delivered to
the Site and which is affected by suspension and the risk of loss or damage
thereto shall thereupon pass to the Employer.
After receipt of permission or an order to proceed, the Contractor shall, after due
notice to the Employer, examine the works and the plant affected by the
suspension. The contractor shall make good any deterioration or defect in or loss
of the works or plant that may have occurred during the suspension. Cost
properly incurred by the contractor which would not have been incurred but for
the suspension shall be added to the contract price together with profit.
The Contractor shall not be entitled to payment for costs incurred in making good
any deterioration, defect or loss caused by faulty workmanship or materials or by
the Contractor’s failure to take the measures specified in sub-clause 23.1.
If the Employer has taken over risk and responsibility for the suspended works
under the sub clause, risk and responsibility shall revert to the Contractor 15 days
after receipt of the permission or order to proceed.
25 Time for Completion
25.1 All the works covered under the contract shall be completed and commissioned
within period mentioned in scope of bid (clause 1.1) from the date of signing
of contract (i.e.15 months & 6 months as indicated). The contract agreement
will be signed within 30 days of issue of Letter of Award (LOA). In case, there is
delay in signing of contract, the contractual completion period will be counted from
the 30th day of issue of letter of award, irrespective of the reason of delay in
signing of the contract.
25.2 The Contractor immediately after letter of award is required to start the work of
route survey & route alignment of transmission line at sites. At the same time stub
sets, Form boxes, sag templates etc. in sufficient quantity will also be arranged.
All approvals required from the owner for this purpose will be sought immediately

53
 after signing of contract. The vendors for equipment will be finalised,
equipment drawings will be submitted for approval without delay if any. It is
expected that the contractor will commence the construction activity at sites
within 1 month and the equipment will start arriving at sites within 2 months of
letter of award.
The physical execution of the work should commence within 1 month of
award of the contract and the receipt of material should be matched with
the erection schedule. Atleast 75% of the tower erection work and
stringing/sagging of conductor/ laying of XLPE cable should be completed
at least 2 months prior to the scheduled date of completion.
The contractor shall provide for proper checks and balances to ensure timely
completion of the turn-key contract.
The project execution shall be carried out by the contractor in a logical
‘Stage-by-Stage’ sequence in line with the stages prescribed under para 25.1, so
as to complete the work in accordance to the provision under para 25.2
However, changes can be made in the otherwise logical sequence of the
construction activities, if necessary and required by the circumstances e.g. non-
availability of clear site etc.
26. Extension of Time for completion.
Time Extension procedure/guidelines.
a) A hindrance register (HR) shall be maintained for each Sub-Station/Line being
constructed with SDO (Const.) concerned. The status of construction including
hindrances if any shall be recorded daily by JE/SDO on behalf of the Nigam.
The contractor may also make an entry in the hindrance register.

b) CE/TS concerned will hold a monthly meeting to review the hindrances and
progress in the presence of SE/TS, SE/Civil, Xen/TS, Xen/Civil and contractor.
The report of the committee shall be sent to CE/MM for record and reference
which shall include the following:-
i) A Copy of the hindrance register.
ii) Progress up to date including cumulative progress since last month.
iii) The delay on part of HVPNL or contractor with necessary documents,
if any.
iv) Any other issue.

The data in various offices of TS wing shall be maintained as per the formats
attached as Annexure IV to VII of “COC” over and above the hindrance
register as already indicated above.

c) Similarly CE/MM will also hold a monthly meeting to review the hindrances and
progress in respect of project execution in presence of SE/MM, FA/MM,
Xen/MM, SE/ Design, SE/ Civil Design, Xen/ Design(s) and contractor. The

54
 report of the committee shall include any delays on part of the contractor and
Nigam regarding following:-
i) Vendor approval,
ii) Drawing/design approval,
iii) Deputation of inspecting officer/dispatch authorization (if applicable),
iv) Quantity variation,
v) Payments.
vi) Any other issue.
d) The data in various offices of MM wing shall be maintained as per the formats
attached as Annexure I to III of “COC”.
e) The reports of both the committees shall be compiled monthly by concerned
AE procurement in separate file and this will be the authentic record for dealing
with the time extension cases on completion of the projects within 3 months of
its submission by the contractor.
f) The cases of time extension shall be approved by SPC for granting extension
up to 30 days and for more than 30 days, the cases shall be approved by WTD.
g) In order to keep the contract alive after expiry of contractual period, Provisional
Time extension will be granted by CE/MM in all such cases without going into
merit. Such Provisional Time Extension will be without prejudice to the
obligation of the contractor under contract and further without prejudice to
HVPNLs right to levy LD and other right under the contract clearly indicated in
the Performa of Provisional Time Extension (Annexure-VIII) of “COC”.
h) The cases for the time extension shall be decided on the following basis.

A. Reasons which can be attributed to employer for which condonation of

delay is allowed for time extension case:
(i) Shifting of zero date due to not handing over of clear site by HVPNL or
other local problems or any other valid reasons not attributable to the
contractor.
(ii) Extreme change in GELO by HVPN which may change entire orientation
of the substation and work cannot be started.
(iii) Agitation and genuine ROW problem due to which entire construction
activities remained held up.
(iv) “Force Majeure” conditions as defined in the Contract.
(v) Delay due to crossing of Railway, Power Line, Highway etc. and forest
clearance case may be considered on merit keeping in view the time
taken for initiating the case by the contractor and final approval and also
keeping in view that all the parallel activity must have been completed.
(vi) Regarding approval of vendor, HVPNL will convey comments if any on
the request of the contractor within 10 days. Delay beyond 7 days for
reply to the comments of the department by the contractor will count
towards delay on the part of the contractor. Similarly, delay beyond 10
days after the receipt of final reply from the contractor will count towards
delay on the part of the department.
(vii) Regarding approval of drawing/GELO (in case of revision only), HVPN
will approve or comment on the Drawings submitted by the contractor
within 28 days. The delay beyond 21 days (including postal time both

55
 ways) for reply to the comments of HVPN will count towards delay on the
part of the contractor. Similarly delay in approval beyond 21 days after
the receipt of reply from the contractor will count towards delay on the
part of the department.
(viii) Regarding inspection of material & issue of DI, Inspector for the
inspection shall be nominated within 7 days from the receipt of inspection
call from the contractor. Delay beyond this period will count towards the
department. HVPNL shall issue a certificate for acceptance of factory
tests & issue DI within 15 days of the receipt of inspection report. Delay
beyond this period will count towards delay on the part of the department.
(ix) Any other unforeseen reason due to which work remained halted.
B. Reasons which cannot be attributed to employer for which condonation
of delay is not allowed for time extension case:
(i) Standing crops/ water in the field, since the total completion period of the
project has already been fixed after considering these factors.
(ii) Stray incidence of ROW due to interruptions by residents which has been
resolved through help of Administration.
(iii) Period of ROW when parallel activity is available on the portion out of
ROW area.
(iv) Small changes in GELO, showing shifting of foundation, minor
increase/decrease in scope etc which is not yet started/ executed and
sufficient parallel activity is available.
C. Reasons attributable to the Contractor:
(i) Delay in mobilization.
(ii) Delay in submission of drawings, finalization of sub-vendors and supply
of material/ equipment.
(iii) Fulfillment of the Contractor’s other obligations under the Contract, etc.

D. The proposal for time extension and decision on LD shall, accordingly, contain
a detailed analysis indicating reasons & period of delay on each account as
outlined above, along with documentary evidence thereof to the extent feasible
and relevant. Based on the analysis, the period of delay due to ‘Force Majeure’
and for reasons attributable to HVPNL shall be identified. The idea of the
exercise is to find out the net delay, which is attributable to the contractor. All
the three types of delay mentioned above are so much mixed up/intermingled,
with one running concurrently with another, at intermittent stages, that it
becomes extremely difficult to directly identify the delay attributable to the
contractor. As such, a practicable approach for working out the net delay
attributable to the contractor, as described below, shall be adopted:
(i) Total delay that has occurred in a Contract =A
(ii) Cumulative period of delay on account of “Force Majeure” =B
(iii) Cumulative period of delay on account of HVPNL = C
(iv) Concurrent cumulative period in ( ii) &( iii) = X
(v) Time requirement for the execution of the portion of ROW on
proportionate basis = Y

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 (vi) Cumulative period of delay on account of “Force Majeure” and HVPNL =
(B+C)-(X+Y)
(vii) Net period of delay attributable to the contractor, Z= A-{(B+C)-(X+Y)}

E. While calculating the period of delay, which should be considered for

extending the contract completion period, for the reasons attributable to
HVPNL or due to Force Majeure, all efforts will be made to objectively work
out/analyze whether a delay in a particular activity has really contributed in
extending the completion period of the contract. This is important in view of
the fact that a number of activities of a contract undergoing delay may not
have impact on overall delay as subsequent site activities are not entirely
dependent upon them. All such delays, which are not found to be directly
contributing in extension of completion period will, therefore, be ignored.
Moreover, there may be a situation in which the impact of some of delays in
intermediate activities may not be feasible to be objectively determined. In all
such cases, a practical view will be taken and a judicious assessment of
overall impact will be made on the basis of normal prudence.

In order to deal with ROW cases, the total time taken will be calculated by
adding time taken to execute the work clear of ROW and the time required for
executing ROW portion of the work on proportionate basis. For example:-
If a contractor has executed 60% clear work in 9 months and 40% work is
under ROW for which he has taken 12 months. In this case the time required
for execution of ROW portion on proportionate basis will be 6 months and total
time taken will work out to be 15 months which will help in deciding that and
any time taken beyond this ( i.e. 21 – 15 = 6 months) will be condoned.
F. In case the period Z, arrived at as per para ‘3-D’ (vii) above, is not positive,
the time extension, till the actual completion of the works/ supplies, shall be
allowed without any LD.
G. In case the period Z, arrived at as per para ‘3-D’ (vii) above, is positive, amount
of LD as worked out for a period of Z, based on the provisions of the Contract
will be levied.
H. In order to properly carry out analysis of delays in execution of a
contract/project, it is imperative that date wise record of various activities right
from award of contract to completion of works/ supplies is meticulously and
systematically maintained by concerned Depts. in respect of areas under their
responsibility.

Applicability and Procedure:-

a. Applicability
The above policy shall be applicable to the projects to be awarded hence
forth. However, for old contracts the present practice of obtaining the
comments of CE/TS and all other concerned offices shall continue and the
cases shall be considered by SPC of MM on merit.

57
 b. Procedure
The contractor shall apply for condonment of the delay in execution of
project within 45 days after completion of the project and the same shall be
decided by HVPN within 3 months from the date of receipt of the case.
27 Liquidated Damages
In addition to provisions of the penalty as detailed in Clause 25 above, if the
Contractor fails to comply with the time for completion in accordance with Clause
29.2 for the whole of works or, for any transmission line/ substation works within
the relevant time prescribed by clause 25.2, then the Contractor shall pay to the
Employer a sum equivalent to half percent (0.5%) of the contract price of the
works not commissioned in time as liquidated damages for such default and not
as such penalty, without prejudice to the Employer’s other remedies under the
contract, for each week or part there of which shall elapse between the relevant
time for completion and the date stated in Taking-over Certificate of the whole of
the works or the relevant Section. However, the amount of liquidated damages
for the contract shall be limited to a maximum of ten percent (10%) of the total
Contract price of the works not commissioned in time. The Employer may, without
prejudice to any other method of recovery, deduct the amount of such damages
from any monies due or to become due to the contractor. The payment or
deduction of such damages shall not relieve the contractor from his obligation to
complete the works, or from other of his obligation and liability under the contract.
In case where works/supplies extend beyond the contractual completion
period, the amount towards LD shall not be withheld/retained from the
RA/supply bills. The same shall however be withheld/retained from the
pending bills/retention money after payment of 90% of the contract amount
to the contractor. In case the LD is not recovered in full, the same shall be
recovered from payments due to the contractor in other contracts being
executed in HVPNL.
28. Tests on Completion
28.1 Notice for Tests
The Contractor shall give to the Employer 21 days notice of the date after which
he will be ready to make the tests on completion (the tests) unless otherwise
agree, the tests shall take place within 15 days after the said date on such day or
days as the Employer shall notify to the contractor.
28.2 Time of Tests
If the Employer fails to appoint a time after having been asked to do so, or does
not attend at the time and place appointed, the contractor shall be entitled to
proceed with the tests in his absence. The tests shall then be deemed to have
been made in the presence of the Employer and the results of the Tests shall be
accepted as accurate.
28.3 Delayed Tests
If the Tests are being unduly delayed by the Contractor, the Employer may by
notice require the contractor to make the tests within 21 days after the receipt of

58
 such notice. The Contractor shall make the Tests on such days within that period
as the contractor may fix and of which he shall give notice to the Employer.

If the Contractor fails to make the Tests within 21 days, the Employer may himself
proceed with the tests. All tests so made by the Employer shall be at the risk and
cost of the Contractor and the cost thereof shall be deducted from the contract
price. The tests shall then be deemed to have been made in the presence of the
Contractor and the results of the tests shall be accepted as accurate.
28.4 Facilities for Tests on Completion
The Contractor, except where otherwise specified, shall arrange such labour,
materials, fuel, water, stores and apparatus as may be reasonably required to
carry out such Tests efficiently.
28.5 Retesting

If the works or any portion thereof fails to pass the Tests, the Employer or the
contractor may require such tests to be repeated on the same terms and
conditions. All costs to which the Employer may be put by the repetition of the
Tests under this Sub-Clause or under Sub-Clause 30.7 shall be deducted from
the Contract Price.
28.6 Disagreement as to Result of Tests
If the Employer and the Contractor disagree on the interpretation of the Test
results, each shall give a statement of his views to the other within 15 days after
such disagreement arises. The statement shall be accompanied by all relevant
evidence. If no agreement is reached between the Employer and Contractor
within 15 days thereafter, either party will be entitled to take recourse to the
procedure laid down under sub-clause 50.2.
28.7 Consequences of Failure to Pass Tests on completion
If the works or any portion thereof fails to pass the tests or the repetition thereof
under sub-clause 28.5, the Employer after due consultation within the contractor,
shall be entitled to:
a) Order one further repetition of the tests under the conditions of Sub-Clause
28.5, or
b) Reject the works or portion thereof in which event the Employer shall have the
same remedies against the contractor as are provided under sub-clause 30.5
(c ), or
c) Issue a taking over certificate, if the Employer so wishes, notwithstanding that
the works are not complete. The contract price shall then be reduced by such
amount as may be agreed by the Employer and the contractor or, failing
agreement, as may be determined by arbitration.
28.8 Use by the Employer

59
 In considering the results of tests carried out under sub-clauses 29.3, 29.4 and
30.7 the Employer shall make allowances for the effect of any use of the works
by the Employer on the performance or other characteristics of the works.

28.9 Test Certificate

As soon as the works or any portion thereof has passed the Tests, the Employer
shall issue a Certificate to the Contractor to that effect.
29. Taking over
29.1 The works shall be taken over by the Employer when the work of laying of Cable
through open or trenchless method and energisation of line at rated voltage have
been completed in accordance with the contract, except in minor respects that do
not affect the use of the works for their intended purpose, have passed the Tests
on completion and taking over certificate has been issued or deemed to have
been issued in accordance with Sub-clause 29.2.
29.2 Taking-Over Certificate
The Contractor may apply by notice to the Employer for a Taking-over certificate
not earlier than 15 days before the works will in the Contractor’s opinion be
complete and ready for taking over under sub-clause 29.1
The Employer shall within 45 days after the receipt of the contractor’s application
either:
a) Issue the Taking-over certificate to the Contractor stating the date on which
the works were complete and ready for taking over, or
b) Reject the application giving his reasons and specifying the work required to
be done by the contractor to enable the taking over certificate to be issued.
If the Employer fails either to issue the Taking-Over Certificate or to reject the
Contractor’s application within the period of 45 days he shall be deemed to have
issued the taking over certificate on the last day of that period.
29.3 Use before taking over
The Employer shall not use any part of the works unless a Taking-Over Certificate
has been issued in respect thereof.
If nevertheless the Employer uses any part of the works, that part which is used
shall be deemed to have been taken over on the date of such use. The Employer
shall on request of the Contractor issue a Taking–Over certificate accordingly. If
the Employer uses any part of works before taking over, the contractor shall be
given the earliest opportunity of taking such steps as may be necessary to carry
out the Tests on completion.
The provisions of Sub-Clause 27 shall not apply to any part of the Works while
being so used by the Employer. Clause 30 shall apply as if part had been taken
over on the date it was taken into use.

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29.4 Interference with tests on Completion
If the contractor is prevented from carrying out the Tests on Completion by an act
of the Employer without assigning any valid reason, the Employer shall be
deemed to have taken over the works on the date when the tests on completion
would have been completed but for such prevention subject to mutual agreement
between the Employer & the contractor, shall issue a taking-over certificate
accordingly.
The works shall not be deemed to have been taken over, if they are not
substantially in accordance with the contract
If the works are taken over under this clause, the contractor shall nevertheless
carry out the tests on completion during the defects liability period. The Employer
shall require the tests on completion to be carried out by 15 days notice and in
accordance with the relevant provisions of clause 28.
Any additional costs to which the contractor may be put in making the tests on
completion during the defects liability period, shall be added to the contract price.
30. Defects after taking over
30.1 Defects Liability Period
The defects liability period will be 12 months from the date of commissioning of
transmission line.
30.2 Making good defects
The contractor shall, subject to sub-clause 30.9, be responsible for making good
any defect in or damage to any part of the works which may appear or occur
during the defects liability period and which arises from either:
(a) Any defective materials, workmanship or design, or
(b) Any act of omission of the contractor during the Defects liability period.
The Contractor shall make good the defects or damage as soon as practicable
and at his own cost to match the original specification to the satisfaction of the
Employer.
30.3 Notice of Defects
If any such defect shall appear or damage occur, the Employer shall forthwith
inform the contractor thereof stating in writing the nature of the defect or damage.
The provisions of clause 30 shall apply to all replacements or renewals carried
out by the contractor to remedy defects and damage as if the said replacements
and renewals had been taken over on the date they were completed to the
satisfaction of the Employer, but not so as to extend the defects liability period in
respect thereof beyond three (3) years from the date of taking over.

30.4 Extension of Defects Liability period

The Defects Liability period shall be extended by a period equal to the period
during which the works (or that portion thereof in which the defect or damage to

61
 which the clause applies has appeared or occurred) cannot be used by reason of
the defect or damage but not so as (in the case of any further defect or damage
to such portion occurring during any such extension), to extend the Defects
Liability period for the works or that portion beyond three (3) years from the date
of taking over.
When erection or delivery of Plant has been suspended under Sub-clause 23.1,
the contractor’s obligations under this clause shall not apply to any defects
occurring more than three years after it would have been delivered but for the
suspension period.
30.5 Failure to Remedy Defects
If the Contractor fails to remedy a defect or damage within a reasonable time, the
Employer may fix a final time for remedying the defect or damage.
If the Contractor fails to do so, the Employer may:
a) Carry out the work himself or by others at the contractor’s risk and cost,
provided that he does so in a reasonable manner.
b) The contractor shall pay to the Employer the cost of the work carried out
in accordance with the sub para (a) above, within 15 days of receipt of the
notice thereof from the Employer, or
c) If the defect or damage is such that the Employer has been deprived of
substantially the whole of the benefit of the works or a part thereof, he may
terminate the contract in respect of such parts of the works as cannot be
put to the intended use. The Employer shall to the exclusion of any
remedy under clause 45 be entitled to recover from the contractor all sums
paid in respect of such parts of the works together with the cost of
dismantling the same, cleaning the site and returning plant to the
Contractor or otherwise disposing of it in accordance with the Contractor’s
instructions.
30.6 Removal of Defective work
If the defect or damage is such that repairs cannot be expeditiously carried out on
the site, the contractor may with the consent of the Employer remove from the
site for purposes of repair any part of the works which is defective or damaged
after furnishing adequate security to the satisfaction of the Employer.
30.7 Further Tests on Completion
If the replacements or renewals are such that they may affect the performance
of the works, the Employer may request that Tests on completion be repeated to
the extent necessary. The request shall be made by notice within 30 days after
the replacement or renewal. The Tests shall be carried out in accordance with
Clause 28.

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30.8 Right of Access
Until the Defects Liability Certificate has been issued, the contractor shall have
the right of access to all parts of the works and to records of the working and
performance of the works.
Such right of access shall be during the Employer’s normal working hours at the
Contractor’s risk and cost. Access shall also be granted to any duly authorised
representative of the contractor whose name has been communicated in writing
to the Employer.
Subject to the Employer’s approval, the Contractor may also at his own risk and
cost make any tests which he considers desirable.
The aforesaid right of access shall also be subject to the Contractor not interfering
with or affecting adversely the intended use of the works.
30.9 Defects in Employer’s Designs.
The Contractor shall not be liable for any defects resulting from designs furnished
or specified by the Employer.
30.10 Contractor to Search
The Contractor shall, if required by the Employer in writing, search for the cause
of any defect, under the direction of the Employer. Unless the defect is one for
which the contractor is liable under this clause, the cost of the work carried out by
the contractor in searching for the cause of the defect shall be added to the
contract price.
30.11 Defects Liability Certificate
When the Defects Liability period for the works or any part thereof was expired
and the contractor has fulfilled all his obligations under the Contract for defects in
the works or that part, the Employer shall issue within 28 days to the Contractor
a defects Liability Certificate to that effect.
30.12 Exclusive Remedies
Except in the case of Gross Misconduct, and/or latent defect (s) arising within a
period or five year from taking over, the Employer’s remedies under this clause
shall be in place of and to the exclusion of any other remedy in relation to defects
whatsoever.
31 Variations
31.1 Employer’s Right to Vary
The Employer may be Variation order to the contractor at any time before the
works are taken over, instructs the contractor to alter, amend, omit, add to or
otherwise vary any part of the works.
The Contractor shall not vary or alter any of the works, except in accordance with
a variation order form the Employer. The Contractor may, however, at any time
propose variations of the works to the Employer.

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31.2 Variation order Procedure
Prior to any Variation Order under Sub-clause 31.1, the Employer shall notify the
contractor of the nature and form of such variation.
As soon as possible after having received such notice, the contractor shall submit
to the Employer:
a) A description of work, if any, to be performed and a programme for its
execution, and
b) The Contractor’s proposals for any necessary modifications to the Programme
according to Sub-Clause 26.1 or to any of Contractor’s obligations under the
Contract, and
c) The contractor’s proposals for adjustment to the contract price.
Following the receipt of the contractor’s submission, the Employer shall, after due
consultation with the contractor, decide as soon as possible whether or not the
variation shall be carried out.

If the Employer decides that the variation shall be carried out, he shall issue a
variation order clearly identified as such in accordance with the Contractor’s
submission or as modified by agreement. If the Employer and the Contractor are
unable to agree to the adjustment of the contract price, the provisions of
subclause 31.3 shall apply.
31.3 Disagreement on Adjustment of the Contract Price
If the contractor and the Employer are unable to agree on the adjustment of the
contract price, the adjustment shall be determined in accordance with the rates
specified in the schedule of prices.
If the rates contained in the schedule of prices are not directly applicable to the
specific work in question, suitable rates shall be established by the Employer
reflecting the level of pricing in the schedule of prices.
Where rates are not contained in the said schedule, the amount shall be such as
in all the circumstances reasonable. Due account shall be taken of any over or
under recovery of overheads by the contractor in consequence of the variation.
The Contractor shall also be entitled to be paid:
a) The cost of any partial execution of the works rendered useless by any such
variation, and
b) The cost of making necessary alterations to plant already manufactured or in
the course of manufacture or of any work done that has to be altered in
consequence of such a variation.
The Employer shall on this basis determine the rates or prices to enable on
account payment to be included in certificates of payment.

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31.4 Contractor to Proceed
On receipt of a Variation Order, the contractor shall forthwith proceed to carry out
the variation and be bound to these conditions in so doing as if such variation was
stated in the contract.
The work shall not be delayed pending the granting of an extension of the Time
for completion or an adjustment to the Contract price under sub-clause 31.3.
31.5 Records of Costs
In any case where the contractor is instructed to proceed with a variation prior to
the determination of the adjustment to the contract Price in respect thereof the
contractor shall keep records of the cost of undertaking the variation and of time
expended thereon. Such records shall be open to inspection/verification by the
Employer at all reasonable times.
32. Ownership of plant
Plant to be supplied pursuant to the contract shall become the property of the
Employer at whichever is the earlier of the following times.

a) When Plant is delivered to Site or.

b) When by virtue of Sub-Clause 24.2 the contractor becomes entitled to
payment of the value of the Plant.
33. Certificates and payment

33.1 Terms of payment

Interest bearing mobilisation advance equal to 10 % of the contract value may be
made on request by the turnkey contractor subject to fulfillment of following
conditions: -
a). Interest bearing Mobilisation advance:
 1st installment of Advance payment to the extent 2% at the time of signing of
contract.
 2nd installment of Advance payment to the extent 2% at the time of opening
of site office.
 3rd installment of Advance payment to the extent 6% on submission of invoice
and proof by the contractor that civil subcontractor is appointed.
This advance shall be subject to fulfillment of following conditions:

i) Submission of an unconditional and irrevocable Bank Guarantee for the

equivalent amount of initial advance valid upto contractual completion period.
ii) Submission of an unconditional and irrevocable Performance Bank Guarantee
equivalent to 10% of the contract value. BG submitted by the contractor in lieu
of mobilization advance can be reduced to the amount pending to be paid to
the Nigam on account of advance at a given time i.e. if payment is recovered

65
 from the bill then simultaneously, the firm will be allowed to revise the amount
of bank guarantee in five equal installments. Firm can submit 5 Nos. BG’s of
equal amount for the total amount of advance to be taken from the Nigam.
iii) Submission of an undertaking that they will mobilize construction gangs within
one month of receipt of advance which will include deployment of labour and
construction T&P, commencement of route survey work of the lines, opening
of site office, placement of orders of major equipment etc.
iv) The advance shall bear an interest rate equal to PLR of SBI for quarterly
compounded scheme, prevailing at the time of payment of mobilization
advance. The interest on outstanding amount will be calculated at the end of
each calendar month and will be recovered from the invoices to be submitted
for payment in the next calendar month by the contractor.
v) The amount of advance will be recovered @ 20 % of the value of each invoice
submitted by the contractor for payment. The Bank Guarantee submitted by
the contractor for mobilisation advance will be released in 5 equal installments
after the amount of advance is recovered from the contractor.
vi) The payment of mobilisation advance is optional. The contractor has the
option of taking the interest-bearing interim advance or otherwise which he
should indicate at the time of bid finalisation.
b) Payment for line material:
(I)a Payment for supply of equipment including mandatory spares from
abroad:
50% payment of the contract price of goods shipped shall be paid through
irrevocable letter of credit opened in favour of supplier bank in his country
(The contractor will intimate his due date of payment for first consignment
30 days in advance. The LC will be opened within 10 days of receipt of
such communication) upon submission of following documents:-
i) 6 copies of supplier invoice showing contract no. goods description,
quantity, unit price and total amount.
ii) Original and 6 copies of negotiable, clean, on-board bill of lading marked
freight prepaid and 6 copies of non-negotiable bill of lading.
iii) 6 copies of Detailed Packing list identifying contents of each package.
iv) Insurance Policy/Certificate.
v) Manufacturer’s / supplier’s warranty certificate.
vi) Despatch authorisation issued by the employer with the factory inspection
report.
vii) Certificate of origin.
viii) Certificate from the concerned XEN/TS on the specified format (Sequential
Certificate) indicating that the material is required sequential to related
erection and civil activities.

66
 (I)b Payment for supply of equipment including mandatory spares from
India:
50% payment of the contract price of goods shipped shall be paid through
irrevocable letter of credit opened in favour of supplier bank in his country
(The contractor will intimate his due date of payment for first consignment
30 days in advance. The LC will be opened within 10 days of receipt of
such communication) upon submission of following documents:-
i) 6 copies of supplier invoice showing contract no. goods description,
quantity, unit price and total amount.
ii) 6 copies of Detailed Packing list identifying contents of each package.
iii) Insurance Policy/Certificate.
iv) Manufacturer’s / supplier’s warranty certificate.
v) Despatch authorisation issued by the employer with the factory inspection
report.
vi) Certificate of origin.
vii) Certificate from the concerned XEN/TS on the specified format (Sequential
Certificate) indicating that the material is required sequential to related
erection and civil activities.

(II) 40% payment of the material including Excise duty, sales tax, freight &
insurance after deducting mobilisation advance @ 20% of the bill amount
and upto date accrued interest thereon will be paid on 30th day on receipt
of material in site store, but after verification by the concerned XEN (TS).
The MRC shall be verified by the Xen (TS) within 10 days. The contractor
will give a prior notice to Xen (TS) concerned at least 7 days in advance
to dispatch of material. The payment shall be made on submission of
documents by the supplier to FA & CAO (MM) as per clause 33.2 and on
execution of Indemnity Bond and trust receipt by the contractor as per
clause 33.4 below.

c) Payment for Erection Services:

90% of the erection price component of the contract after deducting
mobilisation advance @ 20% of the bill amount and upto date accrued
interest thereon shall be paid within 30 days of submission of erection bill
by the contractor to concerned SDO/SSE. The payment shall be made by
FA & CAO (MM) after certification by the concerned Xen (TS).

The payment of any activity completed earlier than the period stipulated in
PERT chart will be released as per schedule of erection in the approved
PERT chart.

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d) Retention Money:-

i) Five percent (5%) of the Ex-works price along with taxes and duties shall be paid
within 30 days on Successful completion of erection, testing, commissioning and
taking over the works by HVPN at rated voltage.
In case if the work of transmission lines has been completed but could not be
commissioned due to non- availability of sub -station than 2% out of the above
5% will be retain which will be released after commissioning of transmission lines
at rated voltage.
ii) Remaining Five Percent (5%) of the Ex-works price along with taxes & duties
shall be paid after 30 days of submission of completion certificate issued
by XEN/TS immediately after 3 months from taking over certificate
alongwith quantification of left over works/ punch points for recovery.
The works left out at the time of taking over shall be completed within 3
months failing which left over work/ punch points indicated in completion
certificate will be get done by HVPNL and for civil works the amount 3 times
of (HSR+ Ceiling Premium) and for electrical or other left out works the
amount 3 times the estimated cost based on rate list/Market rate will be
recovered from the 5 % retention money and Bank guarantee if required.

33.2 Delivery and documents

i) Copies of the contractor’s invoice showing letter of award, reference goods
description, quantity despatched, unit price, total amount. (4 copies).
ii) Packing list identifying contents of each package (4 copies)
iii) Receipted LR dully verified by SDO/Const.
iv) Manufacturer’s/Contractor’s guarantee certificate of quality
v) Material inspection clearance certificate (MICC) for despatch issued by the
Employers representative and the contractor’s factory inspection report (2
Copies) and insurance certificate (2 copies) and
vi) Certified of origin (2 copies).
vii) Proof of excise duty paid alongwith excise duty certificate.
viii) Sales Tax certificate.
ix) Proof of deposit of tax other than CST and ED if any under clause 14.3 of ITB.
x) The certificate from concerned Xen/TS on the specified format indicating
that the material is required sequential to related erection and civil
activities.
The above documents should reach the Employer within seven days from the
date of shipment to enable the Employer to make timely payment to the
contractor.

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33.3 Packing
The Contractor shall provide such packing of the material as is required to prevent
their damage or deterioration during transit to their destination as indicated in the
contract. The packing shall be sufficient to withstand, without limitation, rough
handling during transit and exposure to extreme temperatures salt and
precipitation during transit and open storage, packing case size and weights shall
take into consideration, where appropriate, the remoteness of the goods final
destination and the absence of heavy handling facilities at all points in transit.
The packing, marking and documentation within and outside the packages shall
comply strictly with special requirements as shall be expressly provided for in the
contract and in any subsequent instructions given by the Employer.
33.4 Indemnity Bond
For the material to be provided by the Contractor, it will be the responsibility of
the contractor to take delivery unload and store the materials at site and execute
an indemnity bond, trust receipt and obtaining authorisation letter from Employer
as per Performa given at section IV in favour of the Employer against loss,
damage and risk involved for the full value of the materials. The indemnity bond
shall be furnished by the contractor before commencement of the supplies and
shall be valid till the scheduled date of testing, commissioning and handling over
of the line to the Employer.
33.5 Issue of Certificate of payment:
Within 21 days after receiving an application for payment, which the contractor
was entitled to make the Employer shall issue a certificate of payment to the
A certificate of payment, other than Final certificate of payment, shall not be
withheld on account of: -
a) Defects of a minor character which are not such as to affect the use of the works,
or
b) Any part of the payment applied for being disputed. In such case a certificate of
payment for the undisputed amount shall be issued.
33.6 Corrections to Certificates of Payment.
The Employer may in any certificate of payment make any correction or
modification that should properly be made in respect of any previous certificates.
33.7 Application for Final Certificate of Payment.
The Contractor shall make application to the Employer for the final certificate of
payment within 30 days after the issue of Taking –over certificate by the
Employer.
The application for the final certificate of payment shall be accompanied by a final
account prepared by the contractor & reconciled with the Employer. The final
account shall give full details of the value of all plants supplied and work done
under the contract together with.

69
 a) Such additions to or deductions from the contract price as have been agreed,
and
b) All claims for additional payment to which the contractor may consider himself
entitled.
33.8 Issue of Final Certificate of Payment:-
The Employer shall issue to the contractor, the final certificate of Payment within
30 days after receiving an application from the contractor.
33.9 Final certificate of payment conclusive
A final certificate of payment shall be conclusive evidence of the value of the
works, that the works are in accordance with the contract and that the contractor
has performed all his obligations under the contract except the obligations arising
during the defects liability period.
Payment of the amount certified in the final certificate of payment shall be
conclusive evidence that the Employer has performed all his obligations under
the contract.
A Final certificate of payment or payment shall not be conclusive:-
a) to the extent that fraud or dishonesty relates to or affects any matter dealt with in
the certificate, or
b) if any, arbitration or court proceedings under the contract have been commenced
by either party before the expiry of 90 days after the issue of the final certificate
of payment.
c) In the event of any defects being noticed during the defects liability period.
33.10 Failure to provide drawings:-
Should the contractor fail to provide drawings, diagrams, microfilms or other
information forming part of the works, at the times specified in the contract, the
payment which becomes due to the contractor in accordance with the contract
will be delayed by a period of time equal to the delay in providing the information.
34. Claims
34.1 Procedure
In any case where under these conditions, there are circumstances which the
contractor considers entitle him to claim additional payment, the contractor shall:-
a) if he Intends to make any claim for additional payment give to the Employer notice
of his intention to make such claim with 30 days after the said circumstances
became known to the contractor stating the reasons for his claim, and
b) as soon as reasonably practical after the date of such notice submit to the
Employer full and detailed particulars of his claim but not later than 180 days after
such notice unless otherwise agreed by the Employer. In any event, such
particulars shall be submitted no later than the application for the final certificate
of payment. The contractor shall thereafter promptly submit such further

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 particulars as the Employer may reasonably require to assess the validity of the
claim.
34.2 Assessment.
When the Employer has received full and detailed particulars of the contractor’s
claim in accordance with sub-clause 34.1 and such further particulars as he may
reasonably have required he shall after due consultation with the contractor
determine whether the contractor is entitled to additional payment and notify him
accordingly.
The Employer may reject any claim for additional payment, which does not comply
with the requirement of sub-clause 34.1
35. Currency and Rates of Exchange.
All payments shall be made in Indian Rupees only.
36. Provisional sums
36.1 A provisional sum shall only be used, in whole or in part in accordance with the
Employer’s instructions.
The total sum paid to the contractor shall include only such amounts in respect of
work, supplies or services to which such provisional sum relate as the Employer
shall have instructed.
36.2 Ordering work against provisional sums
In respect of every provisional sum the Employer may after due consultation with
the contractor order:-
36.3 Invoices and Receipts.
The contractor shall, when required by the Employer produce quotations,
invoices, vouchers and accounts or receipts in connection with expenditure in
respect of provisional sums.
36.4 Payment against provisional sums.
For all works executed or goods, materials or service supplied or purchased by
the contractor under sub-clause 36.2 (b), there shall be included in the sums paid
to the contractor:
a) The actual price paid or due to be paid by the contractor, and
b) 10 percent of the actual price paid or due to be paid, as profit.
c) Work to be executed, including goods, materials or services to be supplied by
the contractor. The value of such work executed, determined in accordance
with clause 31, shall be paid to the contractor in accordance with clause 33,
and
d) goods and materials to be purchased by the contractor, for which payment will
be made in accordance with sub-clause 36.4
37. Risk and Responsibility
37.1 Allocation of Risk and Responsibility

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 The risks of loss of or damage to physical property and of death and personal
injury which arise in consequence of the performance of the contact shall be
allocated between the Employer and the Contractor as follows:-
a) The Employer : the Employer’s Risks as specified in Sub-Clause 37.2.
b) The Contractor : the Contractor’s Risks as specified in sub-clause 37.3
37.2 Employer’s Risks
37.2.1 Insofar as they relate to the country where the works are to be erected :
a) War and hostilities (whether war be declared or not), invasion, act of foreign
enemies.
b) Rebellion, revolution, insurrection, military or usurped power or civil war.
c) Ionising radiation or contamination by radioactivity from any nuclear fuel,
radioactive toxic explosives or other hazardous properties of any explosive
nuclear assembly or nuclear component thereof.
37.2.2 Under all circumstances:
a) Use or occupation of the works or any part thereof by the Employer ,
b) The use or occupation of the site or any part thereof, for the purposes of the
contract, or interference, whether temporary or permanent with any right-of-way,
light, air or water or with any easement, way leaves or right of similar nature which
is the inevitable result of the construction of the works in accordance with the
contract,
c) The right of the Employer to construct the works or any part thereof on, over,
under, in or through any land,
d) Damage (other than that resulting from the contractor’s method of construction)
which is the inevitable result of the construction of the works in accordance with
the contract.
e) The act, neglect or omission or breach of contract or of statutory duty of the
Employer.
37.3 Contractor’s Risks
The contractor’s risks are all risks other than those identified as the Employer’s
risks.
38. Care of the Works
38.1 Contractor’s Responsibility for the care of the works
The contractor shall be responsible for the care of the works from the
commencement date until the Risk Transfer Date applicable thereto under sub-
clause 38.2
The Contractor shall also be responsible for the care of any part of the works upon
which any outstanding work is being performed by the Contractor during the
Defects Liability period until completion of such outstanding work.

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38.2 Risk Transfer Date
The Risk Transfer Date in relation to the works is the date of occurrence of any of
the following:-
a) the date of issue of the Taking-over certificate, or
b) the date when the Employer is deemed to have issued the Taking-Over Certificate
or the works are deemed to have been taken over in accordance with clause 29,
or
c) the date of expiry of the notice of termination when the contract is terminated by
the Employer or the contractor in accordance with these conditions.
39. Passing of Risk
39.1 Passing of Risk of loss of or Damage to the works
The risk of loss of or damage to the works shall pass from the contractor to the
Employer on the Risk transfer Date applicable thereto.
39.2 Loss of Damage Before Risk Transfer Date
Loss of or damage to the works occurring before the Risk Transfer Date shall:-
a) to the extent caused by any of the contractor’s risks, be made good forthwith
by the contractor at his own cost, and
b) to the extent caused by any of the Employer’s risks, be made good by the
contractor at the Employer’s expense if so required by the Employer within 30
days after the occurrence of the loss or damage. The price for making good
such loss and damage shall be in all circumstances reasonable and shall be
agreed by the Employer and the contractor, or in the absence of agreement,
shall be resolved under clause 50.
39.3 Loss or Damage After Risk Transfer Date
After the Risk Transfer Date, the Contractor’s liability in respect of loss of or
damage to any part of the works shall, except in the case of Gross Misconduct,
be limited :-
a) to the fulfilment of the contractor’s obligations under clause 30 in respect of
defects therein, and
b) to making good forthwith loss or damage caused by the contractor during the
Defects Liability Period.
40. Damage to Property and injury to Persons
40.1 Contractor’s Liability
Except as provided under sub-clause 41.1 the contractor shall be liable for and
shall indemnify the Employer against all losses, expenses and claims in respect
of any loss of or damage to physical property (other than the works), death or
personal injury to the extent caused by :-
a) defective design, material or workmanship of the contractor, or

73
 b) negligence or breach of statutory duty of the contractor, his subcontractors or
their respective employees and agents.
40.2 Employer’s Liability
The Employer shall be liable for and shall indemnify the Contractor against all
losses, expenses or claims in respect of loss of or damage to any physical
property (other than works) to the extent caused by those of the Employer’s Risks
listed in sub-clause 37.2.2, but not otherwise.
41. Accidents
The Contractor shall be liable for and shall indemnify the Employer against all
losses, expenses or claims arising in connection with the death of or injury to any
person employed by the contractor or his sub-contractors for the purposes of the
works, unless caused by any acts or defaults of the Employer in the later cases
the Employer shall be liable for and shall indemnity the contractor against all
losses, expenses and claims arising in connection therewith.
42. Limitations of Liability
42.1 Liability after Expiry of Defects Liability Period
Except in cases of criminal negligence or wilful misconduct.
a) The contractor or shall not be liable to the Employer, whether in contract, or
otherwise for any indirect or consequential loss or damage, provided that this
exclusion shall not apply to any obligation of the contractor to pay liquidated
damages to the Employer.
b) The aggregate liability of the Contractor to the Employer under the contract
shall not exceed the contract price, provided that this limitation shall not apply
to any obligation of the contractor to indemnify the Employer with respect to
patent infringement.
42.2 Exclusive Remedies
The Employer and the contractor intend that their respective rights, obligations
and liabilities as provided for in these conditions shall alone govern their rights
under the contract and in relation to the works.
Accordingly, the remedies provided under the contract in respect of or in
consequence of:-
a) any breach of contract, or
b) any negligence act or omission, or
c) death or personal injury, or
d) loss or damage to any property.

are, save in the case of Gross Misconduct, to be to the exclusion of any other
remedy that either may have against the other under the law governing the
contract or otherwise.
42.3 Mitigation of loss or Damage

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 In all cases the party claiming a breach of Contract or a right to be indemnified in
accordance with the contract shall be obliged to take all reasonable measures to
mitigate the loss or damage which has occurred or may occur.
43. Insurance

43.1 The Works

43.1.1 All the plant including Tower Foundations being supplied by the Contractor shall
be kept completely insured by the contractor at his cost from the time of despatch
from the contractor’s works, upto the completion of erection and final checking,
testing and commissioning at site and taking over of the transmission line by the
Employer.
43.1.2 It will be the responsibility of the contractor to lodge, pursue and settle all claims
(for all the plant including tower foundations) with the insurance company in case
of any damage, loss, theft, pilferage, fire etc. and the Employer shall be kept
informed about it. The Contractor shall replace the lost/damaged plant including
tower foundations promptly irrespective of the settlement of the claims by the
underwriters and ensure that the work progress is as per agreed schedules.
43.2 Contractor’s Equipment
The Contractor shall insure the Contractor’s equipment for its full replacement
value while in transit to the Site, from commencement of loading until completion
of unloading at the site, while on the site and until unloading at its return
destination against all loss or damage caused by any of the Contractor’s risks.
43.3 Third Party Liability
The Contractor shall insure against liability to third parties for any death or
personal injury and loss of or damage to any physical property including the
property of the Employer other than the works arising out of the performance of
the contract and occurring before the issue of the last Defects Liability Certificate.
Such insurance shall be effected before the contractor begins any work on the
Site.
43.4 Employees
The Contractor shall insure and maintain insurance against his liability under
subclause 41.
43.5 General
The insurance cover shall be taken by the Contractor in the name of the Employer
who shall authorise the contractor to pursue the claims with the insurance
company.
43.6 General Requirements of Insurance Policies
The Contractor shall: -

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 a. Whenever required by the Employer produce the policies or certificates of any
insurance which he is required to effect under the contract together with
receipts for the premiums.
b. Effect all insurances for which he is responsible with an insurer and in terms
approved by the Employer, and
c. Make no material alterations to the terms of any insurance without the
Employer’s approval. If an insurer makes any material alteration to the terms
the contractor shall forthwith notify the Employer, and
d. In all respects comply with any conditions stipulated in the insurance policies,
which he is required to place under the contract.
43.7 Permitted exclusions from Insurance Policies
The insurance cover effected by the contractor in the name of the Employer shall
exclude the following:-
a. the cost of making good any part of the works which is defective or otherwise
does not comply with the contract.
b. Indirect or consequential loss or damage including any reductions in the
contract price for delay.
43.8 Remedies on the Contractor’s Failure to Insure
If the contractor fails to produce evidence of insurance cover as stated in sub
clause 43.6 (a) then the Employer may effect and keep in force such insurance.
Premiums paid by the Employer for this purpose shall be deducted from the
contract price.
43.9 Amounts not Recovered
Any amounts not recovered from the insurers shall be borne by the Employer or
Contractor in accordance with their responsibilities under clause 37.
44 Force Majeure.

44.1 Definition of Force Mejeure

Force Mejeure means any circumstances beyond the control of the parties,
including but not limited to:-
a) War and other hostilities, (whether war be declared or not), invasion, act of foreign
enemies, mobilisation, requisition or embargo;
b) Ionising radiation or contamination by radioactivity from any nuclear fuel or from
any nuclear waste from the combustion of nuclear fuel, radioactive toxic
explosives, or other hazardous properties of any explosive nuclear assembly or
nuclear components thereof;
c) Rebellion, revolution, insurrection, military or usurped power or civil war;
d) Riot, commotion or disorder, except where solely restricted to employees of the
contractor.

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44.2 Effect of force Majeure
Neither party shall be considered to be in default or in breach of his obligations
under the contract to the extent that performance of such obligations is prevented
by any circumstances of Force Majeure which arise after the date of the
Notification of Award.
44.3 Notice of Occurrence
If either party considers that any circumstances of Force Majeure have occurred
which may affect performance of his obligations he shall promptly notify the other
party.
44.4 Performance to Continue
Upon the occurrence of any circumstances of Force Majeure the Contractor shall
endeavour to continue to perform his obligations under the contract so far as
reasonably practicable. The Contractor shall notify the Employer of the steps he
proposes to make including any reasonable alternative means for performance
which is not prevented by Force Majeure. The contractor shall not take any such
steps unless directed so to do by the Employer.
44.5 Additional Costs caused by Force Majeure
If the contractor incurs additional costs in complying with the Employer’s
directions under sub-clause 44.4, the amount thereof shall be certified by the
Employer and added to the Contract price.
44.6 Damage caused by Certain of the Employer’s Risks
If in consequence of any of the Employer’s Risks listed in paragraphs (a), (b), and
(c) subclause 37.2.1 the work on or adjacent to the Site shall suffer loss or
damage, the contractor shall be entitled to have the value of the work done,
without regard to the loss or damage that has occurred, included in a certificate
of payment.
44.7 Termination in Consequence of Force Majeure
If circumstances of Force Majeure have occurred and shall continue for a period
of 180 days then, not withstanding that the contractor may by reason thereof have
been granted an extension of Time for completion of the works, either party shall
by entitled to serve upon the other 30 days notice to terminate the contract. If at
the expiry of the period of 30 days Force Majeure shall still continue the contract
shall terminate.
44.8 Payment on Termination for Force Majeure
If the contract is terminated under sub-clause 44.7 the contractor shall be paid
the value of the work done.
The contractor shall also be entitled to receive:
(a) The amounts payable in respects of any preliminary items so far as the work
or service comprised therein has been carried out and delivered and a proper

77
 proportion of any such item in which the work or service comprised has only
been partially carried out and delivered.
(b) The cost of materials or goods ordered for the works or for use in connection
within the works which have been delivered to the contractor or of which the
contractor is legally liable to accept delivery. Such materials or good shall
become the property of and be at the risk of the Employer when paid for by
the Employer and the Contractor shall place the same at the Employer’s
disposal.
(c) The amount of any other expenditure which in the circumstances was
reasonably incurred by the contractor in the expectation of completing the
whole of the works.
(d) the reasonable cost of removal of Contractor’s Equipment from the Site and
the return thereof to the contractor’s works in his country or to any other
destination, and
(e) the reasonable cost of repatriation of the contractor’s staff and workmen
employed wholly in connection with the works at the date of such termination.
45 Contractor’s Default
45.1 Notice of Default
If the contractor is not executing the works in accordance with the contract or is
neglecting to perform his obligations thereunder so as seriously to affect the
programme for carrying out of the works, the Employer may give notice to the
contractor requiring him to make good such failure or neglect.
45.2 Nature of Contractor’s Default
If the contractor:-
a) has failed to comply within a reasonable time with a notice sub-clause 45.1, or
b) assigns the contract or subcontracts the whole of the works without the
Employer’s written consent, or
c) becomes bankrupt or insolvent, has a receiving order made against him or
compounds with his creditors, or carries on business under a receiver, trustee or
manager for the benefit of his creditors or goes into liquidation.
The Employer may, after giving 15 days notice to the contractor, terminate the
contract and expel the contractor from the site.
Any such expulsion and termination shall be without prejudice to any other rights
or powers of the Employer, or the contractor under the contract.
The Employer may upon such termination complete the works himself or by any
other contractor partially or total depending upon the site requirement at the
risk and cost of the contractor. The Employer or such other contractor may use
for such completion any contractor’s equipment which is upon the site as he or
they may think proper, and the Employer shall allow the contractor a fair price for
such use.

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 The employer may take administrative action such as debarring,
blacklisting along with forfeiting of bank guarantees etc.
45.3 Valuation of Date of Termination
The Employer shall, as soon as possible after such termination, certify the value
or the works and all sums then due to the Contractor as at the date of termination
in accordance with clause 33.
45.4 Payment after termination
The Employer shall not be liable to make any further payments to the contractor
until the works have been completed. When the works are so complete, the
Employer shall be entitled to recover from the Contractor the extra costs, if any,
of completing the works after allowing for any sum due to the contractor under
sub-clause 45.3. If there is no such extra cost the Employer shall pay any balance
due to the contractor.
45.5 Effect on Liability for delay
The Contractor’s liability under clause 27 shall immediately cease when the
Employer expels him from the Site without prejudice to any liability thereunder
that may have already occurred.
46 Employer’s Default
46.1 Nature of Employer’s Default
The contractor may, by giving 30 days notice to the Employer, terminate the
contract if the Employer:-
a) consistently fails to pay the contractor the amount due under payment certificate
of the Employer within 45 days after the amount became payable, or
b) becomes bankrupt or insolvent, has a receiving order made against him,
compounds with his creditors, or carries on business under a receiver, trustee or
manager for the benefit of his creditors or goes into liquidation, or
c) consistently fails to meet his contractual obligations.
Any such termination shall be without prejudice to any other rights of the
contractor or the Employer under the contract.

46.2 Removal of Contractor’s Equipment.

On such termination, the contractor shall be entitled to remove immediately all
contractor’s equipment which is on the site.
46.3 Payment on Termination for Employer’s Default
In the event of such termination the Employer shall pay the contractor an amount
calculated in accordance with sub-clause 44.8

47 Changes in cost and Legislation

47.1 Labour, Materials and Transport

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 The contract price shall remain Firm.
47.2 Statutory and other Regulations.
The contract price shall be adjusted to take account of any increase or decrease
in cost resulting from changes in legislation of the country.
Legislation means any law, order, regulation on by-law having the force of law,
which affects the contractor in the performance of his obligations under the
contract, made after the date of notification of award and its acceptance.
The Employer shall certify the amount of the resulting increase or decrease in
cost, which shall be added to or deducted from the contract price.
48 Customs
48.1 Customs and Import duties.
The contractor shall pay any customs, import duties and taxes, on the contractor’s
equipment, if any, to be imported.
49 Notices
49.1 Notice to Contractor
All certificates, notices or written order to be given to the contractor by the
Employer under these conditions shall be sent by airmail post, cable, telex or
facsimile transmission to or left at the contractor’s principal place or business or
such other address as the contractor shall notify for that purpose, or may be
handed over to the contractor’s representative.
49.2 Notices to Employer
Any notice to be given to the Employer under these conditions shall be sent by
airmail post, cable, telex or facsimile transmission to or left at the respective
address notified for that purpose in the letter of award, or handed over to the
Employer’s representative authorised to receive it.
49.3 Minutes of Meetings.
Instructions or notice to the contractor and notice from the contractor to the
Employer record in a minute or protocol signed by the authorised representative
of the given and of the recipient of such notice or instruction shall be valid notice
or instruction for the purposes of the contract.
50 Settlement of Disputes
50.1 Any dispute (s) or difference (s) arising out of or in connection with the contract
shall, to the extent possible, settled amicably between the parties.
50.2 If any dispute or difference of any kind whatsoever shall arise between the owner
and the contractor, arising out of the contract for the performance of the works
whether during the progress for the works, or after its completion or whether
before or after the termination abandonment or breach of the contract, it shall, in
the first place, be referred to and settled by the Empowered Officer appointed by
the owner, who, within a period of thirty (30) days after being requested by either

80
 party to do so, shall give written notice of his decision to the owner and the
contractor.
50.3 Unless as hereinafter provided, such decision in respect of any matter so referred
shall be final and binding upon the parties until the completion of the works and
shall forthwith be given effect to by the contractor who shall proceed with the
works with all due diligence, whether he or the owner required arbitration as
hereinafter provided or not.
50.4 If after the Empowered Officer has given written notice of his decision to the
parties, no claim to arbitration has been communicated to him by either party
within party (30) days from the receipt of such notice, the said decision shall
become final and binding on the parties.
50.5 In the event of the Empowered Officer failing to notify his decision as aforesaid
within thirty (30) days after being requested aforesaid, or in the event of either the
owner or the contractor being dissatisfied with any such decision, or within thirty
(30) days after the expiry of the first mentioned period of thirty (30) days, as the
case may be, either party may require that the matters in dispute be referred to
arbitration as hereinafter provided.
51.0 Arbitration
51.1 All disputes or differences in respect of which the decision, if any, of the
Empowered Officer has not become final or binding as aforesaid shall be settled
by arbitration in the manner hereinafter provided.
51.2 The arbitration shall be conducted by three arbitrators, one each to be nominated
by the contractor and the owner and the third to be appointed by both the
arbitrators, who shall act as presiding arbitrator. Arbitration proceeding shall be
conducted as provided in the arbitration & Re-conciliation act 1996, or any
statutory modification thereof at Panchkula.
51.3 No decision given by the Empowered Officer in accordance with the foregoing
provisions shall disqualify him as being called a witness or giving evidence before
the arbitrators on any matter whatsoever relevant to the disputes of difference
referred to the arbitrators as aforesaid.
51.4 During settlement of disputes and arbitration proceedings, both parties shall be
obliged to carry out their respective obligations under the contract.
52.0 Taxation:
52.1 The contractor shall be entirely responsible for payment of all taxes, duties,
licence fees etc. incurred until delivery or the contract supplied to the Employer.
52.2 The contractor shall be solely responsible for the taxes that may be levied on the
contractor’s persons or on earning of any of his employee and shall hold the
Employer indemnified and harmless against any claims that may be made against
the Employer. The Employer does not take any responsibility whatsoever
regarding taxes under income Tax Act, for the contractor or his person if it is
obligatory under the provisions under the Indian Income Tax Act, deduction of
Income Tax at source shall be made by the Employer.

81
52.3 All custom duties and levies, duties sales tax payable on equipments,
components, sub assemblies, raw material and any other items used for their
consumption or despatches directly to the Employer from their sub supplier (i.e
sale –in-transit at concessional rate) shall be included in bid price and any such
taxes, duties, levies additionally payable will be to contractor’s account and no
separate claim on this behalf will be entertained by the Employer, Employer, shall
however, issue requisite sales tax declaration forms.
52.4 In case of supplies self manufactured items sales tax (but not surcharge
in lieu of sales tax) local taxes and other levies solely in respect of the transaction
between the Employer and the contractor under the contract, if any shall not be
included in bid price, but those shall be included separately wherever applicable.
These amounts will be payable (along subsequent variation if any), by the
Employer on the supplies made by the contractor but limited to the tax liability on
the transaction between the Employer and the contract. Employer shall, however,
issue requisite sales tax declaration forms.

53. Advertising
53.1 Any advertising stating the subject of this contract by the contractor in India or in
other foreign countries shall be subject to approval of the Employer prior to the
publication.
Publication of approved articles, photographs and other similar materials shall
carry acknowledge to the Employer.
54. QUANTITY VARIATION:
54.1 The provisional quantities required are mentioned in the respective schedule of
prices. Final quantities shall be determined after completion and approval of the
detailed route survey and check survey. The final quantities of towers, gantries,
line materials and foundations shall be confirmed by the Employer based on the
requirement of quantities of various items furnished by the contractor after
completion of detailed survey. Hence, it will be the responsibility of the contractor
to intimate the exact requirements of all towers, gantries, foundations and line
materials required for line immediately after the survey. The Empowered Officer
of the Employer will order the final quantities at the unit rates quoted in the bid.
54.2 The Empowered Officer of the Employer reserves the right to increase or
decrease upto 15% (fifteen percent only) of contract value the quantity of bid and
services specified without any change in the unit price or other terms and
conditions during the execution of the contract. The quantities of individual items
may vary upto any extent after the final route plans and route profiles of the lines
covered in the package are finalised.
55. PROGRESS REPORT:
55.1 The Contractor shall furnish three(3) copies each to concerned Executive
Engineer/TS, Chief Engineer/MM, Chief Engineer/TS including if any photographs
of the work done at site

82
55.2 The monthly progress report detailing of the progress achieved on all Erection &
supply activities shall highlight comparison to the schedule as per the agreed
PERT Chart. The report shall also indicate the reasons for the variance between
the scheduled and actual progress and action proposed for corrective measures,
wherever necessary.

56.0 CERTIFICATE REGARDING ACCEPTANCE OF IMPORTANT CONDITIONS

56.1 (A) Term of payment

Clause 33 Section COC Vol.-I of Contract.

(B) Bid Guarantee

Clause 15 Section ITB Vol.-I.

(C) Contract Performance Guarantee

Clause 33 Section ITB Vol.-I.

(D) Liquidated Damages

Clause 27 Section COC Vol.-I.

(F) Guarantee

Clause 33 Section ITB Vol.-I.

Bidders shall be required to submit a certificate online in format enclosed at

Annexure - A (COC) for acceptance of Conditions mentioned.

Bidders shall submit a certificate online in format enclosed at Annexure- A (COC) in

the PQQ template for acceptance of Conditions.

83
56.0 CERTIFICATE REGARDING ACCEPTANCE OF IMPORTANT CONDITIONS
56.1 (A) Term of payment

Clause 33 Section COC Vol.-I of Contract.

(B) Bid Guarantee

Clause 15 Section ITB Vol.-I.

(C) Contract Performance Guarantee

Clause 33 Section ITB Vol.-I.

(D) Liquidated Damages

Clause 27 Section COC Vol.-I.

(F) Guarantee

Clause 33 Section ITB Vol.-I.

Bidders shall be required to submit a certificate online in format enclosed at

Annexure - A (COC) for acceptance of Conditions mentioned.

Bidders shall be required to furnish a certificate in format enclosed at Annexure -

A (COC) for acceptance of Conditions mentioned above in a separate sealed
envelope containing bid guarantee.

84
 ANNEXURE ‘I’
Subject: Record pertaining to approval of vendor.
S.No. Details Date of Date of Date of Date of Delay on Delay on Remarks
of submission submission reply of approval the part of the part of
vendor by the by the comments contractor department
contractor department, by the
if any contractor
1
2
Note: HVPNL will convey comments if any on the request of the contractor within 10 days. Delay
beyond 7 days for reply to the comments of the department by the contractor will count towards
delay on the part of the contractor. Similarly, delay beyond 10 days after the receipt of final reply
from the contractor will count towards delay on the part of the department.

ANNEXURE-II
Subject: Record pertaining to approval of drawing/GELO (incase of revision only)
S.No. Detail list Date of Date of Date of Date of Date of Delay on Delay Remarks
of submission submission comments reply of approval the part of on the
Drawings/ as per the by the by the comments contractor part of
GELO contract contractor department, by the depart-
if any contractor ment
1
2
Note: HVPN will approve or comment on the Drawings submitted by the contractor within 28
days. The delay beyond 21 days (including postal time both ways) for reply to the comments of
HVPN will count towards delay on the part of the contractor. Similarly delay in approval beyond
21 days after the receipt of reply from the contractor will count towards delay on the part of the
department.
ANNEXURE-III
Subject: Record pertaining to inspection & issue of DI.
S. Detail Schedule Date of Scheduled Actual Schedule Actual Scheduled Actual Actual Schedu Actual Dela Delay Re
No. s of d date of offer of date of date d date of date date of date of date of led date y on on the
mater offer of inspectio deputing of comple- of receipt of receipt of receipt of date of of the part ma
ial inspectio n by the the deput tion of inspe inspection inspection inspection issue of issue part of rks
n as per contract inspector ing inspectio c-tion report report report DI of DI of depar
contract or the n cont t-
inspe ract ment
c-tor or
for
inspe
ction
1
2
Note: Inspector for the inspection shall be nominated within 7 days from the receipt of
inspection call from the contractor. Delay beyond this period will count towards the department.
HVPNL shall issue a certificate for acceptance of factory tests & issue DI within 15 days of the
receipt of inspection report. Delay beyond this period will count towards delay on the part of the
department.

85
 ANNEXURE-IV

S.No. Details Scheduled Date of Date of Date of Date of Delay on Delay on Remarks
of Date of submission comments reply of approval the part the part of
Route submission by the by the comments of department
as per the contractor department, by the contractor
contractor if any contractor
1
2

ANNEXURE-V

Subject: Record pertaining to Sorting out of ROW Problems.

S.No. Details of Details of Actual Time period Remarks

reporting of efforts made clearance of taken to
ROW to resolve the ROW problem resolve ROW
problems with ROW
events
1
2

ANNEXURE-VI

Subject: Record pertaining to Shifting of Utilities/Power Lines.

S.No. Details of Details of Actual clearance Time period Remarks

reporting of efforts of shifting of taken to shift
shifting of made to Utilities/Power utilities/Power
Utilities/ shift the Lines Lines
Power Lines Utilities/
Power Lines
1
2

ANNEXURE-VII

Subject: Record pertaining to Force Majeure.

S.No. Details/Reasons Date/details of Date/details of Time period Remarks

of Force Majeure reporting of the clearance of of Force
Force Majeure Force Majeure Majeure
by the problem
contractors
1
2

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 ANNEXURE - A (COC)
PAGE 1 OF 1

CERTIFICATE REGARDING ACCEPTANCE OF

IMPORTANT CONDITIONS

IMPORTANT: TO BE SUBMITTED IN SEPARATE SEALED COVER

Bidder’s Name & Address:

To

Chief Engineer (MM)

Haryana Vidyut Prasaran Nigam Ltd.,
Panchkula – 134 113.

With reference to our Bid Proposal No. ___________________________

dated ____________ for construction of 66kV, 132 kV & 220 kV composite
Transmission Lines and 66 kV 1200mm2 XLPE Cable in Panchkula, Faridabad &
Gurgaon Area, we hereby confirm that we have read the provisions of following
clauses and further confirm that not withstanding anything stated elsewhere to
the contrary, the stipulations of these clauses are acceptable to us, and we
have not taken any deviation to these clauses: -

(a) Terms of Payment Clause No. 33.0 of COC, Vol.-I

(b) Bid Guarantee Clause No. 15 of ITB, Vol.-I,
(c) Contract Performance Clause No. 33 of ITB, Vol.-I
and Guarantee
(d) Liquidated Damages Clause No. 27 of COC, Vol.-I
(e) Price basis and payment Clause No. 12 & 14 of ITB and
Clause No. 11 of COC, Vol-I
(f) Guarantee Clause No.33 of ITB, Vol-1.
We further confirm that any deviation to the above clauses at Sl. No. (a)
through (f) found anywhere in our ‘Bid Proposal’, implicit or explicit, shall
stand unconditionally withdrawn, without any cost imposition whatsoever
to HVPNL.
(Signature) _________________________
(Printed Name) _________________________
(Designation) _________________________
(Common Seal) _________________________

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 Page 1 of 4

PROPOSAL

Bidder’s Name and Address:

Bid Proposal Reference:
Person to be contacted:
Designation:
Telephone No.: Telex/Cable: Fax:

To
The Chief Engineer (MM),
HVPNL, Panchkula – 134113.

Subject: SUPPLY, LAYING, ERECTION, TESTING AND COMMISSIONING OF 66KV &

220 KV COMPOSITE TRANSMISSION LINES AND 66 KV 1200MM2 XLPE
CABLE IN ……………….. ON TURNKEY BASIS AGAINST e-TENDER
ENQUIRY NO. REC-……………..

Dear Sirs,
1.0 We, the undersigned Bidder, have read and examined in detail the specifications
and documents and hereby propose Supply, Laying, Erection, Testing and
Commissioning of 66kV, 132 kV & 220 kV composite Transmission Lines
and 66 kV 1200mm2 XLPE Cable in …………………………. on turnkey
basis as per details given in Bidding documents.

2.0 PRICE AND VALIDITY

2.1 Prices quoted by the bidder shall be FIRM during the performance of the contact
except tower and conductor and shall not be subject to variation on any account.
Further, all the prices and other terms and conditions of our proposal are valid for
3 months after the date of opening of price bid and 4 months from the date of
opening of the1st part whichever is later.
2.2 We do hereby confirm that our Ex-works bid price as quoted in relevant schedules
include all custom duties, excise duties, sales tax, octroi and other levies payable
by us in respect of transaction between us and our sub-vendors either while
procuring any components, sub-assemblies, raw-materials and the equipment’s
for our own use or despatched directly from our sub-vendors works (Bought out
equipment) to site and we shall have no claim on this behalf.
2.3 All taxes such as sales tax (but not surcharge in lieu of sales tax) excise duty,
local taxes, octroi and other levies in respect of transaction between you and us
for all goods despatched from our manufacturing works. If any, shall be to the
Employer’s account and have been included in our bid price and are separately
indicated in the relevant schedules of taxes, duties and other levies.

88
 Page 2 of 4

2.4 We further confirm that the ex-works price of civil works includes all applicable
taxes, duties and other levies and we shall have no claim in this regard.
2.5 We understood that the necessary sales tax declaration forms for all items shall
be issued by you on our request to avail concessional sales tax.
2.6 The bid price, the price components of the various items are enclosed in
Schedules 1 to 6 of this proposal.
3.0 BID PRICING
We further, declare that the prices stated in our proposal are in accordance with
your ‘Instruction to bidders’ and ‘Conditions of Contract’ (Vol.-I)

4.0 CONSTRUCTION OF THE CONTRACT

4.1 We, declare that we are making the offer on the basis of a divisible supply cum
erection contract on single source responsibility basis. The supply portion of the
contract relate to supply of equipment and materials, transportation, insurance
and the erection portion will relate to storage, erection, testing and commissioning
etc of equipment and materials as defined in bid documents. We declare that the
award of two contracts will not in any way dilute our responsibility for successful
operation of equipment’s as per Bid specifications and that both the contracts will
have a cross fall breach clause viz. that a breach on one contract will
automatically be classified as breach for the other contract which will confer on
the Employer the right to terminate the other contract at our risk and cost.

5.0 We have studied clause 14.0 of Section II, Vol.-I and clause 52 of Conditions of
Contract, Vol.-I relating to Taxes & duties and we hereby, declare that if any
income-tax, surcharge on income-tax or any other corporate tax is attracted under
the law, we agree to pay the same.

6.0 DEVIATION
6.1 Specification and documents except for the variations and deviations, all of which
have been detailed out by us exhaustively in the following schedules, irrespective
of whatever has been stated to the contrary anywhere else in our proposal shall
be applicable.
a. Commercial Deviations Schedule Schedule-7
b. Technical Deviations Schedule Schedule-8
We confirm that specified stipulations of following clauses are acceptable to us
and no deviation/ exceptions are taken on any account whatsoever in the
following clauses:-
a. Terms of payment Clause No. 33 of Conditions
of Contract, Vol-I
b. Bid Guarantee Clause No. 15 of ITB, Vol-I
c. Contract performance Clause No. 33 of ITB
Guarantee and Clause 10, of Conditions of
Contract, Vol-I.

89
 Page 3 of 4

d. Liquidated Damages for Clause No. 25 and 27 of Conditions

of delay in completion contract, Vol-I
e. Bid Price Clause No. 12 & 14 of ITB and
Clause 11 of Conditions of
Contract, Vol-I
f. Guarantees Clause No. 10 & 30 of Conditions of
Contract, Vol-I
Further, we agree that additional conditions, if any, found in the proposal,
documents other than those stated in Deviation Schedules, save that pertaining
to any rebates offered, shall not be given effect to.

7.0 PERFORMANCE GUARANTEES

We declare that the ratings and performance figures of the equipment to be
furnished and erected by us are guaranteed. The Guaranteed particulars of
different equipments are enclosed in, Technical Data Sheets. We understand and
agree that certain parameters and characteristics attract levy of liquidated
damages for non-performance.

8.0 BID GUARANTEE

We have enclosed a Bid Guarantee, in the form of
___________________________________________________________________
(Please fill in alternative chosen)
for a sum of
___________________________________________________________________
(Amount in words and figures)
___________________________________________________________________
in original valid for a period of Seven (7) calendar months from the date of
opening of bid in accordance with bid documents.
9.0 ADDITIONAL INFORMATION
9.1 In addition to the information called for in these proposal sheets, we have included
with this proposal information as listed in Schedule 9. We further confirm that such
additional information does not imply additional deviation beyond those covered
in Schedule 7 & 8 and in case of any contradiction between these additional
information and other provisions of Bid, the latter will prevail.
10.0 BOUGHT OUT ITEMS
We have enclosed a list of bought out items in Schedule-11.

11.0 QUALIFICATION DATA

11.1 We confirm having submitted the Qualification Data, as required by you in your
‘Instruction to Bidders’ included in Vol-I, along with this proposal. Further we have
filled in the information for qualification requirements in Schedule-10. In case you
require any further information in this regard, we agree to furnish the same in time.

90
 Page 4 of 4
12.0 WORK SCHEDULE
If this proposal is accepted by you, we agree to submit engineering data, provide
services and complete the entire work from time to time, in accordance with
Schedule indicated in the proposal. We fully understand that the time schedule
stipulated in this proposal is the essence of the Contract, if awarded. The
completion schedule of the various major key phases of the work is indicated in
Schedule-12.
13.0 CONTRACT PERFORMANCE GUARANTEE
We further agree that if our proposal is accepted we shall provide an irrevocable
Contract Performance Guarantee of value equivalent to ten percent (10%) of the
Contract Price valid upto the end of ninety (90) days after the end of the contract
warranty period in the form of
______________________________________________________________

(Please specify the form of Guarantee)

In your favour and enter into a formal agreement with you within fifteen (15)
days from the date of letter of Award of Contract.

14.0 BID PRICE

We declare that our total prices for the entire scope of works as defined in Bid
Proposal Sheets shall be as indicated in Schedule – I.

15.0 CHECKLIST
We have included a check list duly filled in Schedule – 13.

We, hereby declare that only the persons of firms interested in this proposal as
principles are named herein 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 we are awarded the Contract, and that this proposal is made
without any connection with any other person, firm or party likewise submitting a
proposal and that this proposal is in all respect for and in good faith, without
collusion of fraud.

Date this ____________________ day of _________________ 2015.

Thanking you, we remain.

Yours faithfully,

Date: Signature: ________________

Place: Printed Name: _____________

Designation: ______________

Common Seal: ____________

91
 Annexure–A (Bid proposal)

REC- Page 1 of 1

Sr. Documents attached Annexure Page

No. No.
From To

Envelope-1

1. Bid Security

Envelope-2 (Price Bid)

2. Bid Proposal along with Schedule- 1-6

Envelope-3

3. Bid Proposal along with Annexure–A(Bid proposal)

4. Power of attorney to sign the bid

5. Constitution or legal status

6. Profile of the firm

7. Place of registration and principle of place of business

8. Joint venture agreement, if any

9. Power of attorney of joint venture , if any

10. Letter of Undertaking

11. List of similar contracts executed

12. Certificates of contracts executed

13. Performance certificates of contracts executed

14. List of contracts under execution for next 2 years with

financial projections

15. List of T &P

16. List of manpower

17. Litigation History

18. Acceptance of important conditions (Annexure -A ‘COC’

19. Annual financial statements

20. Banker’s certificates

21. Certificate by the bidder introducing HVPNL to the bank

92
22. Undertaking for Submission of Banker’s certificate
indicating that Rs. 6 Crores as working capital will be
kept reserve for this project

23. Commercial deviation schedule (7)

24. Technical deviation schedule (8)

25. Schedule of additional information (9)

26. Qualification data (10)

27. Schedule for Bought out items and sub-contracted items

(11)

28. Works completion schedule (12)

29. Check list (schedule 13)

30. General technical particulars

31. Technical data for qualification of the various

equipments.

32. Duly signed Bidding Document

33. Any other document

93
SECTION – IV

SAMPLE FORMS

AND

PROCEDURES

94
 FORM FIN-1

(Net Worth / Current Assets / current liabilities Details)

As per latest balance sheet

NAME OF THE BIDDER:

ADDRESS OF THE BIDDER:

A) Description Amount
Paid up Equity Share Capital

Add: Reserves (Not being the revaluation reserve)

Subtract: Intangible Assets

Subtract: Miscellaneous Expenditure to the extent

not written off and carry forward losses.
Balance

B) Description Amount
Current assets

Current liability

Note: The above information should be as per latest audited balance sheet.

Signatures of the

Authorized signatory

(Name of the signatory)

Rubber stamp of the firm/Company

95
 FORM FIN-2

(Liquid Asset Details)

Against e-Tender Enquiry No.

NAME OF THE BIDDER:

ADDRESS OF THE BIDDER:

Description Amount

Overdraft Limits

Cash Credit

Total A

Description Amount

25% of current
commitments as indicated
in form Fin-III (B)

Amount

Liquidity available for

this bid ( A –B)

Note:

a. Overdraft Limits and/or Cash Credit: The bidder shall produce a certificate from
the bank(s) or CA which should be valid on the date of bid submission, giving the
amount of sanctioned limits. Such certificate should not be more than 15 days old
on the last date of submission of bid.
b. In case liquidity available for this bid (A-B) is less than the liquidity requirement
as per clause 2.3 of ITB, the bid will not be opened.

Signatures of the
Authorized signatory
(Name of the signatory)
Rubber stamp of the firm/Company

96
 FORM FIN-3
(Current Commitments)

Against e-Tender Enquiry No.

NAME OF THE BIDDER:

ADDRESS OF THE BIDDER:

Sr. Project description Amount (Unexecuted value of the

No. Contract)

Note:

1. Use further similar size sheets, if required.

2. This certificate must be issued by the Statutory Auditor (in the case of
Companies) and by a Chartered Accountant (in case of firms/sole proprietor).

Signatures of the

Statutory Auditor/Chartered Accountant

Alongwith rubber stamp

97
 Annexure –1
Page 1 of 2

PERFORMA OF BANK GUARANTEE

FOR BID GUARANTEE

(To be stamped in accordance with stamp Act)

The non-Judicial stamp paper should be in the name of issuing bank

Ref: …………………….. Bank Guarantee No………………

Date: ………………………………

To

Chief Engineer (MM),

HARYANA VIDYUT PRASARAN NIGAM LIMITED

Panchkula –134113.

Dear Sirs,

In accordance with your e-tender enquiry No. …………………..…M/s

……………………………………………..having its Registered/Head Office at
……………………………… (hereinafter called the ‘Bidder’) wish to participate in the said
e-tender enquiry and you, as a special favour have agreed to accept an irrevocable and
unconditional Bank Guarantee for an amount of Rs. ………………………………. Valid
upto …………………………on behalf of Bidder in lieu of the Bid deposit required to be
made by the bidder, as a condition precedent for participation in the said e-tender enquiry.

We, the …………………………….. Bank at ………………………….. having our Head

Office at ………………………….. (local address) guarantee and undertake to pay
immediately on demand by HARYANA VIDYUT PRASARAN NIGAM LIMITED the
amount of……………………………………………………………………………… (in words
& figure) without any reservation, protest, demur and recourse any such demand made
by said ‘Owner’ shall be conclusive and binding on us irrespective of any dispute or
difference raised by the Bidder.

98
 Annexure –1

Page 2 of 2

This guarantee shall be irrevocable and shall remain valid upto an including
………………………………………….. if and further extension of this guarantee is
required, the same shall be extended to such required period (not exceeding one year)
on receiving instruction from M/s ………………………………………………… on whose
behalf this guarantee is issued.

In witness whereof the Bank, through its authorised officer, has set its hand and stamp
on this …………………… day of …………………….. at …………………………

Witness

………………………………… ………………………………

(Signature) (Signature)

………………………………… ………………………………

(Name) (Name)

………………………………… ………………………………

(Official Address) (Designation with Bank Stamp)

99
 Annexure –II

Page 1 of 3

PERFORMA OF BANK GUARANTEE FOR

CONTRACT PERFORMACE

(To be stamped in accordance with stamp Act)

Ref: …………………….. Bank Guarantee No………………

Date: ………………………………

To

Chief Engineer (MM),

HARYANA VIDYUT PRASARAN NIGAM LIMITED,

Panchkula –134113.

Dear Sirs,

In consideration of HARYANA VIDYUT PRASARAN NIGAM LIMITED, (hereinafter

referred to as the ‘Owner’ which expression shall unless repugnant to the context or
meaning thereof include its successors, administrators and assigns) having awarded to
M/s…………………………………………….. with its Registered/Head office
at……………………………… (hereinafter referred to as the ‘Contractor’ which
expression shall unless repugnant to the context or meaning thereof, include its
successors, administrators, executors and assigns), a Contract by issue of Owner’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 ……………………..
(scope of contract) and the Contractor having agreed to provide a Contract Performance
Guarantee for the faithful performance of the entire Contract equivalent to
…………………………… * ……………….(%) …………per cent) of the said value of the
Contract to the Owner.

We, …………………………………………………………………………………………….
(Name and Address of the Bank)

having its Head Office at ………………………….. (hereinafter referred to as the ‘Bank’

which expression shall, unless repugnant to the context or meaning thereof, include its
successors, administrators, executors and assigns) do hereby guarantee and undertake
to pay the Owner, on demand any and all monies payable by the Contractor to the extent
of……………………………………………as aforesaid at any time
upto……………………………………….(days/month/year) without any demur,
reservation, contest, recourse or protest and/or without any reference to the Contractor.

100
 Annexure –II
Page 2 of 3
Any such demand may by the owner on the Bank shall be conclusive and binding
notwithstanding any difference between the Owner and the Contractor or any dispute
pending before any Court, Tribunal, Arbitrator or any other authority. The bank
undertakes not to revoke this guarantee during its currency without previous consent of
the Owner and further agrees that the guarantee herein contained shall continue to be
enforceable till the Owner discharges this guarantee.

The Owner shall have the fullest liberty without affecting in any way the liability of the
Bank under this guarantee, from time to time to extend the time for performance of the
contract by the Contractor. The Owner shall have the fullest liberty, without affecting this
guarantee, to postpone from time to time the exercise of any powers vested in them or of
any right which they might have against the Contractor and to exercise the same at any
time in any manner, and either to enforce or to for bear to enforce any covenants,
contained or implied in the Contract between the Owner and the Contractor or any other
course or remedy or security available to the Owner. The bank shall not be released of
its obligations under these presents by any exercise by the Owner of its liberty with
reference to the matters aforesaid or any of them or by reason of any other act of omission
or commission on the part of Owner of any other indulgences shown by the Owner or by
any other matter or thing whatsoever which under law would, but for this provision have
the effect of relieving the Bank.

The Bank also agrees that the Owner at its option shall be entitled to enforce this
Guarantee against the Bank as a principal debtor, in the first instance without proceeding
against the Contractor and notwithstanding any security or other guarantee the Owner
may have in relation to the Contractor’s liabilities.

Notwithstanding anything contained herein above our liability under this guarantee is
restricted to ……………………….. and it shall remain in force upto and including
……………………………. and shall be extended from time to time for such period, as
may be desired by M/s ………………………………………….. on whose behalf this
guarantee has been given.

Dated this ………….…day of……………….2014…………at………………………

WITNESS

. …………………………… ……………………………
 (Signature) (Signature)

. …………………………… ……………………………
 (Name) (Name)

. …………………………… ……………………………

 (Official Address) (Designation with Bank Stamp)

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 Annexure –II

Page 3 of 3

Attorney as per Power

of Attorney
No…………………

Date : …………………….

NOTE :

 This sum shall be ten per cent (10%) of the Contract price.
 The date will be ninety (90) days after the end of Warranty Period as specified in the
Contract.

1. The stamp papers of appropriate value shall be purchased in the name of issuing
bank.

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 Annexure –III

Page 1 of 1

PERFORMA OF EXTENSION OF BANK GUARANTEE

Ref: …………………….. Date: ………………………………

To

Chief Engineer (MM),

HARYANA VIDYUT PRASARAN NIGAM LIMITED
Panchkula –134113.
Dear Sirs,

Sub : Extension of Bank Guarantee No……………………… for Rs.

…………………… favouring yourselves, expiring on ….……………………….. on
account of M/s…………………………….in respect of 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 Bank Guarantee to which it would be
attached.

Yours faithfully,

For ………………….………………….

Manager/Agent/Accountant

Power of Attorney No. ………………….

Dated ………………….

SEAL OF BANK

 NOTE: The non-judicial stamp paper of appropriate value shall be purchased

in the name of the bank who has issued the Bank Guarantee.

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 Annexure –IV

Page 1 of 2

PERFORMA OF LETTER OF UNDERTAKINGS

(To be submitted by the bidder alongwith his Bid)

(To be executed on non-judicial paper of requisite value)

Ref: …………………….. Date:

………………………………

To

Chief Engineer (MM),

HARYANA VIDYUT PRASARAN NIGAM LIMITED,
Panchkula – 134113.
Dear Sirs,

1. I*/We* have read and examined the following bid documents relating to the
………………………………(full scope of work)

a) Notice Inviting e-Tender.

b) Instructions to bidders.
c) Conditions of Contract alongwith Annexures.
d) Drawings attached with Bidding Documents.
e) Technical Specifications.
f) PERT Charts (Performa attached at Annexure – XI)

2. I*/We* hereby submit our Bid and undertake to keep our Bid Valid for a period of
4 months from the date of opening of 1st Part and 3 months from the date of
opening of Price Bid whichever is later. I*/We* hereby further undertake that
during said period I/We shall not vary/alter or revoke my/our bid.

This undertaking is in consideration of HVPNL agreeing to open my Bid and

consider and evaluate the same for the purpose of award of contract in terms of
provisions of bidding documents.

Should this Bid be accepted, I/We also agree to abide by and fulfill all the terms,
conditions of provision of the above mentioned bid documents.

Signature alongwith Seal of Co.

……………………………………

(Duly authorised to sign the

tender on behalf of the
Contractor)

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 Annexure –IV

Page 2 of 2

Name ……………………………….

Designation………………………

Name of Co. …………………….

(in Block Letters)

WITNESS

Signature ……………………………………. Date & Postal Address

Date …………………………… ……… ……………………………………….

Name & Address ……………………………… ……………………………………….

…………………………………………………… Telegraphic Address

…………………………………………………… ……………………………………….

…………………………………………………… ……………………………………….

Telephone No.
………………………

Telex
No…………………………….

*Strike out whichever is not applicable

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Page 1 of 3

PERFORMA OF INDEMNITY BOND TO BE EXECUTED BY THE CONTRACTOR

FOR THE EQUIPMENT HANDED OVER BY HVPN FOR
PERFORMANCE OF ITS CONTRACT

(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 …………………………… 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 Haryana
Vidyut Prasaran Nigam Limited, Panchkula ……………………………………...
(hereinafter called HVPNL which expression shall include its successors and assigns).

WHEREAS HVPN has awarded to the Contractor a Contract for ……………………… vide
its Letter 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 HVPNL is required to hand over various
Equipment to the Contractor 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 HVPNL for the
Equipment handed over to it by HVPNL for the purpose of performance of the
Contract/ Erection portion of the Contract (hereinafter called the “Equipment”).

NOW THEREFORE, This Indemnity Bond witnesseth as follows:

1. That in consideration of various Equipment as mentioned in the Contract, valued

at Rs. ……………….. (Rupees………………..………………..) handed over to the
Contractor for the purpose of performance of the Contract, the Contractor hereby
undertakes to indemnify and shall keep HVPNL indemnified, for the full value of
the Equipment. The Contractor hereby acknowledges receipt of the Equipment
as per despatch titled documents handed over to the Contractor duly endorsed in
their favour and detailed in the Schedule appended hereto. It is expressly
understood by the Contractor that handing over of the despatch title documents
in respect of the said Equipments duly endorsed by HVPN in favour of the
Contractor shall be construed as handing over of the Equipment purported to be
covered by such title documents and the Contractor shall hold such Equipment in
trust as Trustee for and on behalf of HVPNL.

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 Annexure –V

Page 2 of 3

2. That the contractor is obliged and shall remain absolutely responsible for the safe
transit/protection and custody of the Equipment at HVPNL project site against all
risks whatsoever till the Equipment 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 HVPNL. The
Contractor undertakes to keep HVPNL harmless against any loss or damage that
may be caused to the Equipment.

3. The Contractor undertakes that the Equipment 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 works or
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 Contractor for
all intents and purposes including legal/penal consequences.

4. That HVPNL is and shall remain the exclusive Owner of the Equipment free from
all encumbrances, charges or liens of any kind, whatsoever. The equipment shall
at all times be open to inspection and checking by Engineer-in-Charge/Engineer
or other employees/agents authorised by him in this regard. Further, HVPNL 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 Equipment are likely to be
endangered, misutilised or converted to uses other that 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 HVPNL
to return the equipment without any demur or reservation.

5. That this Indemnity Bond is irrevocable. If at any time any loss or damage occurs
to the Equipment or the same or any part thereof is mis-utilised in any manner
whatsoever, then the Contractor hereby agrees that the decision of Engineer-in-
Charge/Engineer of HVPNL at 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 Equipment at its own cost and/or
shall pay the amount of loss of HVPNL without any demur, reservation or protest.
This is without prejudice to any other right or remedy that may be available to
HVPN 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
HVPNL THEN, the Bond shall be void, but otherwise, it shall remain in full force
and virtue.

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 Annexure –V

Page 3 of 3

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 the Quantity Particulars of Value of the Signature of

Equipment Despatch title Equipment Attorney in
handed over Documents token of
receipt
RR/GR No.
date Bill
Carrier of
lading

For and on behalf of

M/s ……………………………………………….

WITNESS

1. Signature ………………………. Signature ………………………….

2. Name ………………………….. Name ……………………………..

3. Address ……………………….. Designation ……………….………

………………………………….. Authorised representative

1. Signature ……………………….

2. Name ………………………….. (Common Seal)

3. Address ……………………….. (In case of Company)

…………………………………..

* Indemnity Bonds 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 issue under common seal of the company with authority to execute Indemnity
Bonds, (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.

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 Annexure –VI

Page 1 of 3

PERFORMA OF INDEMNITY BOND TO BE EXECUTED BY THE CONTRACTOR

FOR THE EQUIPMENT HANDED OVER IN INSTALLMENTS BY HVPNL FOR
PERFORMANCE OF ITS CONTRACT

(On non-Judicial stamp paper of appropriate Value)

INDEMNITY BOND

THIS INDEMNITY BOND is made this ………………………………day of ……………

20………….. by …………………………… 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 Haryana
Vidyut Prasaran Nigam Limited, Panchkula ……………………………………...
(hereinafter called HVPN which expression shall include its successors and assigns).

WHEREAS HVPNL has awarded to the Contractor a Contract for ………………………

vide its Letter of Award/Contract No. ……………………………… dated ………………
(hereinafter called the “Contract”) in terms of which HVPNL is required to hand over
various Equipment to the Contractor 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 HVPNL for the
Equipment handed over to it by HVPNL for the purpose of performance of the
Contract/ Erection portion of the Contract (hereinafter called the “Equipment”).

NOW THEREFORE, This Indemnity Bond witnesseth as follows:

1. That in consideration of various Equipment as mentioned in the Contract, valued

at Rs. ……………….. (Rupees………………..………………..) handed over to the
Contractor in installments from time to time for the purpose of performance of the
Contract, the Contractor hereby undertakes to indemnify and shall keep HVPNL
indemnified, for the full value of the Equipment. The Contractor hereby
acknowledges receipt of the initial installments of the Equipment as per details in
the schedule appended hereto. Further, the Contractor aggress to acknowledge
receipt of subsequent installments of the Equipments as required by HVPNL in
the form of Schedules consecutively numbered which shall be attached to this
Indemnity Bond so as to form integral parts of this Bond. It is expressly understood
by the Contractor that handing over of the despatch title documents in respect of
the said Equipments duly endorsed by HVPNL in favour of the Contractor shall
be construed as handing over of the Equipment purported to be covered by such
title documents and the Contractor shall hold such Equipment in trust as Trustee
for and on behalf of HVPNL.

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 Annexure –VI

Page 2 of 3

2. That the Contractor is obliged and shall remain absolutely responsible for the safe
transit/protection and custody of the Equipment at HVPNL Project Site against all
risks whatsoever till the Equipment 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 HVPNL. The
Contractor undertakes to keep HVPNL harmless against any loss or damage that
may be caused to the Equipment.

3. The Contractor undertakes that the Equipment 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 works or
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 Contractor for
all intents and purposes including legal/penal consequences.

4. That HVPNL is and shall remain the exclusive Owner of the Equipment free from
all encumbrances, charges or liens of any kind, whatsoever. The equipment shall
at all times be open to inspection and checking by Engineer-in-Charge/Engineer
or other employees/agents authorised by him in this regard. Further, HVPNL 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 Equipment are likely to be
endangered, misutilised or converted to uses other that 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 HVPNL
to return the equipment without any demur or reservation.

5. That this Indemnity Bond is irrevocable. If at any time any loss or damage occurs
to the Equipment or the same or any part thereof is mis-utilised in any manner
whatsoever, then the Contractor hereby agrees that the decision of Engineer-in-
Charge/Engineer of HVPNL at 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 Equipment at its own cost and/or
shall pay the amount of loss of HVPNL without any demur, reservation or protest.
This is without prejudice to any other right or remedy that may be available to
HVPNL 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
HVPNL THEN, the Bond shall be void, but otherwise, it shall remain in full force
and virtue.

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Page 3 of 3

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 the Quantity Particulars of Value of the Signature of

Equipment Despatch title Equipment Attorney in
handed over Documents token of
receipt
RR/GR No.
date Bill
Carrier of
lading

For and on behalf of

M/s ……………………………………………….

WITNESS

1. Signature ………………………. Signature ………………………….

2. Name ………………………….. Name ……………………………..

3. Address ……………………….. Designation ……………….………

………………………………….. Authorised representative

1. Signature ……………………….

2. Name ………………………….. (Common Seal)

3. Address ……………………….. (In case of Company)

…………………………………..

* Indemnity Bonds 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 issue under common seal of the company with authority to execute Indemnity
Bonds, (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.

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 ANNEXURE-VII

Page 1 of 4

PROFORMA OF “AGREEMENT”

(To be executed on non-Judicial stamp paper)

This agreement made this …………………….. day of ………………………. Two

thousand ……………………….. between Haryana Vidyut Prasaran Nigam Limited
(hereinafter referred to as “Owner” or HVPNL which expression shall include its
administrators, Company incorporated under the Companies Act, 1956) on the one part
and …………………………….. having its registered office at ……………………… (here
in after referred to as the “Contractor” or ………………….”X”…………… name of the
Contracting Company which expression shall include its administrators, successors,
executors and permitted assigns) of the other part.

WHEREAS HVPNL desirous of 66kV, 132 kV & 220 kV composite Transmission Lines
and 66 kV 1200mm2 XLPE Cable in Panchkula, Faridabad & Gurgaon Area on turnkey
basis as per specification No. REC- , and whereas ………………………. ‘X’
……………… had participated in the above referred bidding vide their proposal No.
…………………. Dated……………. and awarded the contract to
…………………….”X”…………………. on terms and conditions, documents referred to
therein, which have been accepted by …………………..”X” ………………………resulting
into a “contract”.

NOW THEREFORE THIS DEED WITNESSETH AS UNDER.

1.0 Article ………………………………

1.1 Award of Contract ………………………………

HVPNL has awarded the contract to ……………….”X”……………for the work of

………… on terms and conditions contained in its letter of award No. ………..
Dated …………. and the documents referred to there in. The award has taken
effect from 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
Documents” referred to in the succeeding article.

2.0 CONTRACT DOCUMENTS

The contract shall be performed strictly as per the terms and conditions stipulated
herein and in the following documents attached herewith (herein after referred to
as “Contract Documents”)

i) HVPNL bidding documents in respect of specification No

REC- consisting of Invitation to Bid, Instructions to Bidders,
Conditions of Contract and all other sections including all amendments
vide its letter(s) No(s) ………………… dated…………………….. .

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 ANNEXURE-VII

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ii) HVPNL Technical Specification including amendments issued vide its

letter No. ………….. dated …………………

iii) “X”s proposal No…………… dated………… along with price schedules,

data requirements, payment terms and work schedules submitted by “X”
titled as “…………………………………..”

iv) Agreed Minutes of the Meeting held on ……………………….. between

HVPNL and “X”.

v) HVPNL’S letter of award No……………………… dated

………………..duly accepted by “X” and detailed award
No……………………..dated………

All the aforesaid contract documents shall form an integral part of this agreement,
in so as the same or any part conform to the bidding documents (Vol-I & ll) and
what has been specifically agreed to by the owner in its letter of award. Any matter
inconsistent therewith, contrary or repugnant there to or any deviations taken by
the contractor in its “Bid Proposal”, but not agreed to specifically by the owner
shall not form part of this agreement. For the sake of brevity this agreement along
with its aforesaid contract documents shall be referred to as the “Agreement”.

3.0 CONDITIONS AND COVENANTS

3.1 The scope of the contract, consideration, terms of payment, taxes, wherever
applicable, insurance, liquidated damages, performance guarantee and all other
terms and conditions are contained in HVPNL’s letter of award No……………
dated…………….. read in conjunction with other aforesaid contract documents.
The contract shall be duly performed by the contractor strictly and faithfully in
accordance with the terms of the agreement.
3.2
3.3 The scope of work shall also include supply & installation of all such items which
are not specifically mentioned in the contract documents, but which are needed
for successful, efficient, safe and reliable operation of the equipment unless
otherwise specifically excluded in the specifications under “exclusions” or Letter
of Award.
3.4 TIME SCHEDULE
3.4.1 Time is the essence of the contract and schedules shall be strictly adhered to and
“X” shall perform the work in accordance with the agreed schedule.

3.5 QUALITY PLANS

113
3.5.1 The contractor is responsible for the proper execution of the quality plans. The
work beyond the customer’s hold points will progress only with the owner’s
consent. The owner will also undertake quality surveillance and quality audit of

ANNEXURE-VII
Page 3 of 4

the Contractor’s/Sub-Contractor’s works, systems and procedures and quality

control activities. The contractor further agrees that any change in the quality plan
will be made only with the owner’s approval. The contractor shall also perform all
quality control activities, inspection and tests agreed with the owner to
demonstrate full compliance with the contract requirements.

3.4.2 The contractor also agrees to provide the owner with the necessary facilities for
carrying out inspection, quality audit and quality surveillance of Contractor’s and
its Sub-Contractor’s quality assurance systems and manufacturing activities.

3.6 Another contract for erection and civil works of transmission lines has been placed
upon you simultaneously. Any breach in the contract for erection portion will
automatically mean breach of this contract also.

3.7 The contractor guarantees that all the equipment under the contract shall meet
the ratings and performance parameters as stipulated in the technical
specifications (Volume II) and in the event of any deficiencies found in the
requisite performance figures, the owner may at its option reject the equipment or
alternatively accept it on the terms and conditions and subject to levy of the
liquidated damages in terms of contract documents. The amount of liquidated
damages so leviable shall be in accordance with the contract documents and
without any limitation.

3.8 It is further agreed by the Contractor that the Contract performance guarantee
shall in no way be construed to limit or restrict the owner’s right to recover the
damages/compensation due to short-fall in the equipment performance figures as
stated above or under any other clause of the Agreement. The amount of
damages/compensation shall be recoverable either by way of deduction from the
contract price, contract performance guarantee and/or otherwise.

The contract performance guarantee furnished by the contractor is irrevocable

and unconditional and the owner shall have the powers to invoke it
notwithstanding any dispute or difference between the owner and the contractor
pending before any court, tribunal, arbitrator or any other authority.

3.9 This agreement constitutes full and complete understanding between the parties
and terms of the presents. It shall supersede any prior correspondence, terms
and conditions contained in the agreement. Any modification of the agreement
shall be effected only by a written instrument signed by the authorised
representative of both the parties.

4.0 SETTLEMENT OF DISPUTES

It is specifically agreed by and between the parties that all the differences or
disputes arising out of the Agreement or touching the subject matter of the
Agreement shall be decided by the process of settlement & arbitration as specified

114
 in clause 50 and 51 of the Conditions of Contract & of the provisions of the Indian
Arbitration and Conciliation Act 1996 shall apply and PANCHKULA Courts alone
shall have exclusive jurisdiction over the same.

ANNEXURE-VII
Page 4 of 4

4.1.1 NOTICE OF DEFAULT

Notice of default given by either party to the other party under Agreement 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 duly 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 where of has been
approved by the competent authorities of both the parties) on the day, month and
year first above mentioned at Panchkula.

Signed, sealed and Delivered by the

FOR AND ON BEHALF OF HARYANA VIDYUT PRASARAN NIGAM LTD.

NAME :

TITLE : CHIEF ENGINEER (MM),

HVPNL, PANCHKULA

IN THE PRESENCE OF

FOR AND ON BEHALF OF THE CONTRACTOR (NAME & ADDRESS OF THE

FIRM)

NAME :

TITLE :

IN THE PRESENCE OF

Note :-

Clause 3.5 shall be suitably amended in case of contract for Erection Portion.

Clause 3.6 is applicable in case of Supply Contract only.

115
116
 ANNEXURE – VIII
Page 1 of 4

FORM OF JOINT VENTURE AGREEMENT

(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE TO BE

PURCHASED IN THE NAME OF JOINT VENTURE)

PROFORMA OF JOINT VENTURE AGREEMENT BETWEEN………………………AND

……..………………………………………… FOR e-TENDER ENQUIRY No. REC- ,
OF HARYANA VIDYUT PRASARAN NIGAM LIMITED.

THIS joint venture agreement executed on this ………………………………day of

…….……………………………..Two thousand ……………. between M/s
……………………………...…………………………………….. a Company incorporated
under the laws of ……………………………………… …………….. and having its
registered office at ……………………………………………
(herein after called the “Lead Partner” which expression shall include its successors,
executors and permitted assigns), M/s …………….………………… a Company
incorporated under the laws of ………………………………………
and having its registered office at …………………………………………………
(herein after called the “Partner” which expression shall include its successors, executors
and permitted assigns) and M/s …………………………………………
a Company incorporated under the laws of ……………………………………and having its
registered office at…………………………………………(herein after called the “Partner”
which expression shall include its successors, executors and permitted assigns) for the
purpose of making a bid and entering into a contract (in case of award) against the e-
Tender Enquiry No. REC- for supply & erection of 66kV, 132 kV & 220 kV composite
Transmission Lines and 66 kV 1200mm2 XLPE Cable ………………………………. of
Haryana Vidyut Prasaran Nigam Limited having its office at Panchkula, Haryana,
(hereinafter called the “Employer”).

WHEREAS the Employer invited bids as per the above mentioned Specification of supply
& erection of 66kV, 132 kV & 220 kV composite Transmission Lines and 66 kV 1200mm2
XLPE Cable in …………………………a AND WHEREAS clause 2.7 ITB of Bidding
Documents stipulates that a Joint Venture of two or more firms as partners, meeting the
qualification requirements may submit their bid and in such a case, the e-tender
documents shall be signed by all the partners so as to legally bind all the Partners of the
Joint Venture, who will be jointly and severally liable to perform the Contract and all
obligations hereunder.

The above clause further states that the Joint Venture agreement shall be attached to
the bid and the contract performance guarantee will be as per the format enclosed with
the bidding document without any restrictions or liability for either party.

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 ANNEXURE – VIII
Page 2 of 4

AND WHEREAS the bid has been submitted to the Employer …………………………..
by Lead partner based on the Joint Venture Agreement between all the partners under
these presents and the bid has been signed by all the partners.

NOW THIS INDENTURE WITNESSETH AS UNDER:

In consideration of the above premises and agreements all the partners to this Joint
Venture do here by now agree as follows:

1. In consideration of the award of the Contract by the Employer to the Joint Venture
partners, we, the Partners to the Joint Venture agreement do hereby agree that
M/s …………………………………………………………. shall act as lead Partner
and further declare and confirm that we shall jointly and severally be bound unto
the Employer for the successful performance of the Contract and shall be fully,
responsible for the successful execution of the contract.

2. In case of any breach of the said contract by the Lead Partner or other partner(s)
of the Joint Venture Agreement, the partner(s) do hereby agree to be fully
responsible for the successful performance of the contract and to carry out all the
obligations and responsibilities under the Contract in accordance with the
requirements of the Contract.

3. Further, if the Employer suffers any loss or damage on account of any breach in
the contract, the partner(s) of these presents undertake to promptly make good
such loss or damages caused to the Employer, on its demand without any demur.
It shall not be necessary or obligatory for the Employer to proceed against lead
Partner to these presents before proceeding against or dealing with the other
Partner(s).

4. The financial liability of the Partners of this Joint Venture Agreement to the
Employer, with respect to any of the claims arising out of the non-performance of
the obligations set forth in the said Joint Venture Agreement, however, not be
limited in any way so as to restrict or limit the liabilities of any of the Partners of
the Joint Venture Agreement.

5. It is expressly understood and agreed between the Partners to this Joint Venture
Agreement that the responsibilities and obligations of each of the partners shall
be as delineated in Appendix-1 (‘To be incorporated suitably by the Partners’) to
this agreement. It is further agreed by the Partners that the above sharing of
responsibilities and obligations shall not in anyway be a limitation of joint and
severe responsibilities of the Partners under this Contract.

6. This Joint Venture Agreement shall be construed and interpreted in accordance

with the laws of India and the courts of Panchkula shall have the exclusive
jurisdiction in all matters arising there under.

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 ANNEXURE – VIII
Page 3 of 4

7. In case of an award of a Contract, We the Partners to the Joint Venture Agreement

do hereby agree that we shall be jointly and severally responsible for furnishing a
contract performance security from a bank in favour of the Employer in the forms
acceptable to the Employer for value of 10% of the Contract price.

8. It is further agreed that the Joint Venture Agreement shall be irrevocable and shall
form an integral part of the Contract and shall continue to be enforceable till the
Employer discharges the same. It shall be effective from the date first mentioned
above for all purposes and intents.

In WITNESS WHEREOF, the Partners to the Joint Venture agreement have through their
authorised representatives executed these presents and affixed common seal of their
companies, on the day, month and year first mentioned above.

1. Common Seal of …………………. For lead partner

has been affixed in my/our presence

pursuant to the Board of Director’s (Signature of authorised

resolution dated………………………… representative)

Designation……………………………. Name…………………..

Name …………………………… Designation……………

Designation……………………………. Common Seal of the Company

2. Common Seal of …………………. For lead partner

has been affixed in my/our presence

pursuant to the Board of Director’s (Signature of authorised

resolution dated………………………… representative)

Name…………………..

Designation……………

Designation…………………… Common Seal of the Company

Name…………………………..

Designation………………….. …………………

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 ANNEXURE – VIII
Page 4 of 4

WITNESSES:

………………………… ………………………….

(Signature) (Signature)

Name …………………………
Name…………………..

……………………………….. ………………………….

(Official Address) (Official Address)

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 ANNEXURE – IX

Page 1 of 2

FORM OF POWER OF ATTORNEY FOR JOINT VENTURE

(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE TO BE

PURCHASED IN THE NAME OF JOINT VENTURE)

KNOW ALL MEN BY THESE PRESENTS THAT WE, the partners whose details are
given hereunder…..……………….. have formed a Joint Venture under the laws of
…………..……………….. and having our Registered office(s)/head office(s) at
…………………………….. (herein after called the Joint Venture which expression shall
unless repugnant to the context or meaning thereof, include its successors,
administrators and assigns) acting through M/s ……………………………………….. being
the Lead partner do hereby constitute, nominate and appoint
M/s……………………………….. a Company incorporated under the laws of
…………………………………….. and having its Registered/Head Office at
…………………….. as our duly constituted lawful Attorney (hereinafter called “Attorney”
or “Authorized Representative” or “Lead partner”) to exercise all or any of the powers for
and on behalf of the Joint Venture in regard to e-Tender Enquiry No………………………
the bids for which have been invited by Haryana Vidyut Prasaran Nigam Limited having
its office at Panchkula, Haryana (hereinafter called the “Employer”) to undertake the
following acts:

i. To submit proposal and participate in the aforesaid e-Tender Enquiry of the

Employer on behalf of the Joint Venture.

ii. To negotiate with the Employer the terms and conditions for award of the contract
pursuant to the aforesaid e-Tender Enquiry and to sign the Contract with the
Employer for and on behalf of the “Joint Venture”.

iii. To do any other act or submit any document related to the above.

iv. To receive, accept and execute the Contract for and on behalf of the
“Joint Venture”.

It is clearly understood that the lead Partner shall ensure performance of the
Contract(s) and if one or more partners fail to perform their respective portions of
the Contract(s), the same shall be deemed to be ‘a default by all the Partners.

It is expressly understood that this Power of Attorney shall remain valid binding
and irrevocable till completion of the Defects Liability Period in terms of the
Contract.

121
 ANNEXURE – IX

Page 2 of 2

The Joint Venture hereby agrees and undertakes to ratify and confirm all
whatsoever the said Attorney/Authorised Representative/Lead partner quotes in
the bid, negotiates and signs the Contract with the Employer and/or proposes to
act on behalf of the Joint Venture by virtue of this Power of Attorney and the same
shall bind the Joint Venture as if done by itself.

IN WITNESS THEREOF the Partners constituting the Joint Venture as aforesaid

have executed these presents ………………. on this …………. Day of ……..
under the Common Seals(s) their Companies.

for and on behalf of the

Partners of Joint Ventures

……………………………..

……………………………

…………………………….

Common Seal of the above Partner(s) of the Joint Venture, the Common Seal has
been affixed there unto in the presence of:

WITNESS

1. Signature ………………
Name ……………………………

Designation …………………….

Occupation ………………………

2. Signature …………………………
Name …………………………….

Designation ……………………..

Occupation ……………………….

122
 ANNEXURE – X
Page 1 of 2
PERFORMA OF BANK GUARANTEE FOR ADVANCE PAYMENT

(To be stamped in accordance with stamp Act)

Ref: …………………….. Bank Guarantee No………………

Date: ………………………………

Chief Engineer (MM),

HARYANA VIDYUT PRASARAN NIGAM LIMITED
Panchkula –134113.

Dear Sir,

In consideration of Haryana Vidyut Prasaran Nigam Limited, (hereinafter referred to as

the ‘Owner’ which expression shall, unless repugnant to the context or meaning thereof
include its successors, administrators and assigns) having awarded to
M/s………………………………(with 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 Owner’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 …………………contract. (Scope of work)

(hereinafter called the ‘Contract’) and the Owner having agreed to make an advance
payment to the contractor for performance of the above contract amounting
………………..…(in words and figures) as an advance against Bank Guarantee to be
furnished by the contractor.

We, …………………………………………………(Name of the Bank) …………………….

Address ……………………………… .…………Tel No. ………... Fax No. ……….………

having its Head Office at ………………………….. (hereinafter referred to as the ‘Bank’

which expression shall, unless repugnant to the context or meaning thereof, include its
successors, administrators, executors and assigns) do hereby guarantee and undertake
to pay the Owner, immediately on demand any or, all monies payable by the Contractor
to the extent of……………………………………………as aforesaid at any time
upto……………………………………. without any demur, reservation, contest, recourse
or protest and/or without any reference to the Contractor.

Any such demand may by the Owner on the Bank shall be conclusive and binding
notwithstanding any difference between the Owner and the Contractor or any dispute
pending before any Court, Tribunal, Arbitrator or any other authority. We agree that the
guarantee herein contained shall be irrevocable and shall continue to be enforceable till
the Owner discharge this guarantee.

123
 Page 2 of 2

The Owner shall have the fullest liberty without affecting in any way the liability of the
Bank under this guarantee, from time to time to vary the advance or to extend the time
for performance of the contract by the Contractor. The Owner shall have the fullest liberty,
without affecting this guarantee, to postpone from time to time the exercise of any powers
vested in them or of any right which they might have against the Contractor, and to
exercise the same at any time in any manner, and either to enforce or to for bear to
enforce any covenants, contained or implied, in the Contract between the Owner and the
Contractor or any other course or remedy or security available to the Owner. The bank
shall not be released of its obligations under these presents by any exercise by the Owner
of its liberty with reference to the matters aforesaid or any of them or by reason of any
other act or forbearance or other acts or omission or commission on the part of Owner or
any other indulgences shown by the Owner or by any other matter or thing whatsoever
which under law would, but for this provision have the effect of relieving the Bank.

The Bank also agrees that the Owner at its option shall be entitled to enforce this
Guarantee against the Bank as a principal debtor, in the first instance without proceeding
against the Contractor and notwithstanding any security or other guarantee the Owner
may have in relation to the Contractor’s liabilities.

Notwithstanding anything contained herein above our liability under this guarantee is
limited to ……………………….. and it shall remain in force upto and including
……………………………. and shall be extended from time to time for such period (not
exceeding one year), as may be desired by M/s ………………………………….. on whose
guarantee has been given.

Dated this ………….…day of……………….20………………at………………………

WITNESS

. …………………………… ……………………………
 (Signature) (Signature)

. …………………………… ……………………………
 (Name) (Name)

. …………………………… ……………………………
 (Official Address) (Designation with Bank Stamp)
Attorney as per Power of
Attorney No…………………
Date : ……………………

NOTE :

The non judicial stamp papers of appropriate values shall be purchased in the name
of bank who issues the ‘Bank Guarantee’.

124
 Annexure –XI
Page 1 of 2

PERFORMA OF DECLARATION
(To be submitted by the bidder alongwith his Bid)

Ref: …………………….. Date:

………………………………

To

Chief Engineer/MM,
HARYANA VIDYUT PRASARAN NIGAM LIMITED,
Panchkula – 134109.
Dear Sirs,

I, ___________________________________ authorised Representative of M/s

________________________ do hereby solemnly declare that our firm M/s
_____________________ has not been blacklisted by any State Government /
Central Government or any Agency and that we shall be liable for consequence of
wrong declaration.

Signature alongwith Seal of

Co.

………………………………
………

(Duly authorised to sign the

tender
on behalf of the Contractor)

Name
……………………………….

Designation…………………………
Name of Co. …………………….
(in Block Letters)

125
SECTION – VI

PRICE

SCHEDULES

126
Specification No. REC- Schedule- I

Page 1 of 1

(Summary of Price Proposal)

Bidder’s Name & Address. To

The Chief Engineer (MM),

HVPNL, Panchkula,
Dear Sir,

We declare that the following lump sum price (including type test) in Rupees for
the entire scope of work (including type test) as specified in the specification and
documents.

(A) Lump sum price of equipment’s including Excise Duty, Sales Tax and other
levies: -
Sr. Description Amount
No.
1
2
Total Rs. In Figure:-
Total Rs. In Words:-

(B) Lump sum price of Freight & Insurance: -

Sr. Description Amount
No.
1
2
Total Rs. In Figure:-
Total Rs. In Words:-

(C) Lump sum price of Detailed survey , civil and Erection charges: -
Sr. Description Amount
No.

Total Rs. In Figure:-

Total Rs. In Words:-

127
(D) Total Bid price (Sum of ‘A’ to ‘C’ above):-

Total Bid price in Figure:-

Total Bid price in words:-

Date: Signature:_________________

Place: Printed Name: ________________

Designation: _________________

Common Seal: ________________

128
 Specification No. REC- Schedule-2
Page 1 of 1
(Summary of Price Components)

Bidder's Name & Address.

To
The Chief Engineer (MM),
HVPNL, Panchkula.
Summary of Price Components for Construction of 66kV, 132 kV & 220 kV Transmission
Lines through overhead or cable or both as per the Scope identified in the accompanying
Specifications:-

(A) Ex-works price of materials/equipment (including Excise Duty & CST of

bought out material / equipment):-
Sr. Description Amount
No.
1
2
Total Rs. In Figure:-
Total Rs. In Words:-

(B) Excise Duty & CST & other Levies payable on self manufactured
equipment:-
Sr. Description Amount
No.
1
2
Total Rs. In Figure:-
Total Rs. In Words:-

(C) Lump Sum price of Freight & insurance:-

Sr. Description Amount
No.
1
2
Total Rs. In Figure:-
Total Rs. In Words:-

(D) Lump Sum price of detailed survey ,Civil and Erection charges:-
Sr. Description Amount
No.
1
2

129
 Total Rs. In Figure:-
Total Rs. In Words:-

(E) Total Bid price (Sum of ‘A’ to ‘D’ above):-

Total Bid price in Figure:-

Total Bid price in words:-

Date: Signature: _________________

Place: Printed Name: _______________

Designation: _________________

Common Seal: ________________

130
SPECIFICATION NO. REC- SCHEDULE-3-A

Construction of …………………………………

(Price component schedule for supply of Material Charges)

Bidder’s name & Address To

Chief Engineer/MM,
HVPNL, Panchkula –134 109.
Price Break up for supply of individual items including mandatory spares:

Sr. Quantity Unit Unit Total Taxes and duties

No Description Unit to be supplied Ex- F&I Price and other levies
Wor payable by HVPN.
ks Excise Sales Other
duty tax levies
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

DATE : (NAME OF BIDDER)

…………………………….
PLACE : (SIGNATURE OF BIDDER)
…………………………….

NOTE : -
1 It is specific for all the bidders to visit the office of SE/ TS, Panchkula to see the site
constraints before finalising / submitting the bids.
2 The said work involves the route through residential area for which Trench-less digging
shall be got done as per Technical Specification.
3 The route length / Quantities of 66kV line shown above is tentative & may vary.

131
. REC- SCHEDULE-3-D

Creation of 66kv S/C ……………………………………..

(Price component schedule for supply of Material Charges)

Bidder’s name & Address To

Chief Engineer/MM,
HVPNL, Panchkula –134 109.
Price Break up for supply of individual items including mandatory spares:

Sr. Quantity Unit Unit Total Taxes and duties

No Description Unit to be supplied Ex- F&I Price and other levies
Wor payable by HVPN.
ks Excise Sales Other
duty tax levies
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

DATE : (NAME OF BIDDER) …………………………….

PLACE : (SIGNATURE OF BIDDER)…………………………….

NOTE : -
1 The Bidder shall offer only one of the option for the Insulator strings (A/F disc or Polymer)
out of the two mentioned above in his bid.

132
SPECIFICATION NO. REC- SCHEDULE 4-A

Construction of 66 kV ………………….
(Price component schedule for Erection and Civil Charges)

Bidder’s name & Address To

Chief Engineer/MM,
HVPNL, Panchkula –134 109.

Price Break up for erection and civil charges:

Sr. Qty Total
No Description Unit to be Unit Erection
supplied Erection

DATE :
(NAME OF BIDDER) …………………………….

PLACE : (SIGNATURE OF BIDDER)…………………………….

NOTE : -
1. It is specific for all the bidders to visit the office of SE/ TS, Panchkula to see the site
constraints before finalising / submitting the bids.
2. The said work involves the route through residential area for which Trench-less
digging shall be got done as per Technical specification.
3. The route length / Quantities of 66kV line shown above is tentative & may vary.

133
SPECIFICATION NO. REC- SCHEDULE-4-D

Creation of 66kv S/C line ……………………………………………..

(Price component schedule for Erection and Civil Charges)

Bidder’s name & Address To

Chief Engineer/MM,
HVPNL, Panchkula –134 109.

Price Break up for erection and civil charges:

Sr. Qty Total
No Description Unit to be Unit Erection
supplied Erection
1. 2. 3. 4. 5. 6.

DATE :
(NAME OF BIDDER)………………………….

PLACE : (SIGNATURE OF BIDDER)…………………….

NOTE : -
Foundation cost quoted against all types of foundations for different types
of towers shall be per tower basis i.e. for all the four legs of the tower.

134
 SCHEDULE OF PRICES

Specification No. : REC- Schedule- 5

Construction of 66kV, 132 kV & 220 kV Transmission Lines through overhead or

cable or both
(UNIT RATE SCHEDULE)

BIDDER’S NAME & ADDRESS:

Sr. No. Description Unit Rate (Rs.)

1. 2. 3. 4.
1 Excavation including back filling in
- Dry Soil Cum
- Wet Soil without de – watering Cum
- Wet Soil with de – watering Cum
2 (a) Concrete (M-20) for RCC foundation Cum
including all material, form work, shoring and
shuttering and other allied works along with
cost of template required for setting of stubs
for all types of towers except steel
reinforcement.
2 (b) Concrete (1:4:8) for foundation including Cum
form- work
3. Reinforcement steel for foundation (Supply MT
and placement.)
4 Cost of stub setting per tower No.
Note:
1. The above unit rates shall be used to calculate the rates of civil foundations/
erection of towers/ extensions/ gantries as per their actual weights (the design/
drawings of which shall be supplied by HVPNL to the successful bidder after
award of contract). The discount arising out of negotiation with SHPPC/ HPPC
will be proportionally adjusted on all the items indicated in this price schedule.
2. The above unit rate when multiplied with the respective volumes of work as per
annexure to Schedules -4 attached with the e-tender, should match with the unit
composite rates quoted for complete foundation otherwise lowest of the two shall
be considered.
3. The design/Quantities of foundation given in the bid document are purely
tentative and for bid purpose only and liable to change on actual design of tower
foundation for the scheme which design shall be followed in the instant scheme.

Date: Signature:_____________
Place: Printed Name:__________
Designation:____________
Common Seal:___________

135
Specification No. : REC- SCHEDULE 6

Construction of 66kV, 132 kV & 220 kV Transmission Lines through overhead or

cable or both
(UNIT RATE SCHEDULE FOR SUPPLY OF TOWER MATERIAL)

Bidder’s Name & Address: To

The Chief Engineer (MM),
HVPNL, Panchkula,
Haryana –134113

Sl. Description Unit Unit Ex- Sales Tax Unit Unit

No. works price Payable If freight & Erection
including Contract Is Insurance
Excise Duty Awarded (Rs.) (Rs.)
1 2 3 4 5 6 7
1 Fabrication and supply
of Tower Parts with
Stubs, Bolts & nuts,
Step Bolts, U-bolts,
hangers,
D-Shakle etc. as per
HVPN’s Technical
Specification.

i) HT Steel MT
ii) MS Steel MT
iii) Nuts & bolts MT

Note: The above unit rates shall be used to calculate the rates of supply of towers/
extensions/ gantries as per their actual weights, the design/ drawings of which
shall be supplied by HVPNL to the successful bidder after award of contract). The
discount arising out of negotiation with SHPPC/ HPPC will be proportionally
adjusted on all the items indicated in this price schedule.

Date: Signature:________________
Place: Printed Name:_____________
Designation:_______________
Common Seal:_____________

136
 SCHEDULE-7
Page 1 of 1

Construction of 66kV, 132 kV & 220 kV Transmission Lines through

overhead or cable or both
(Commercial Deviation Schedule)

Bidder’s Name & Address To

Chief Engineer (MM)
HVPNL, Panchkula,
Haryana – 134113
Dear Sirs,

SUB: Commercial deviations for construction of 66kV, 132 kV & 220 kV composite
Transmission Lines …………………………

The following are the Commercial Deviations and variations from and exceptions
to the specifications and documents for the subject package. These deviations
and variations are exhaustive. Except these deviations, the entire work shall be
performed as per your specifications and documents.

Vol./Clause Ref./Page No. As specified in Commercial

the specification Deviation and
variations to the
specifications

Date: (Signature ) _________________________

(Printed Name) ______________________
Place: (Designation) _______________________
(Common Seal) _____________________

Note:
1. Continuation sheets of like size and format may be used as per Bidder’s
requirements and annexed to this schedule.
2. The Bid will not be considered if deviation appears elsewhere apart from
above mentioned deviations

137
 SCHEDULE – 8
Page – 1 of 1

Construction of 66kV, 132 kV & 220 kV Transmission Lines through

overhead or cable or both

(Technical Deviation Schedule)

Bidder’s Name & Address To

Chief Engineer (MM),
HVPNL, Panchkula,
Haryana – 134113
Dear Sirs,

Subject: - Technical Deviations for construction of 66kV, 132 kV & 220 kV composite
Transmission Lines and 66 kV 1200mm2 XLPE Cable in Panchkula, Faridabad &
Gurgaon Area

The following are the Technical Deviations and variations from and exceptions
to the specifications and document for the subject package. These deviations
and variations are exhaustive. Except there deviations, the entire work shall be
performed as per your specifications and documents.

Vol./Clause Ref./Page No. As specified in Deviation and

the specification variations to the
specifications

Date: (Signature) __________________________

(Printed Name) _______________________
Place: (Designation) ________________________
(Common Seal) ______________________

Note:
1. Continuation sheets of like size and format may be used as per Bidder’s
requirement and annexed to this schedule.
2. The Bid will not be considered if deviation appears elsewhere apart from
above mentioned deviations.

138
 SCHEDULE- 9
Page 1 of 1

Construction of 66kV, 132 kV & 220 kV Transmission Lines through overhead

or cable or both

(Schedule of Additional Information)

Bidder’s Name & Address To

Chief Engineer (MM),
HVPNL, Panchkula,
Haryana – 134113

We have enclosed with our proposal the following additional information for
Construction of 66kV, 132kV & 220 kV composite Transmission Lines and 66 kV
1200mm2 XLPE Cable in Panchkula, Faridabad & Gurgaon Area:

Sr. No. Brief Description of Information Ref. & Page No.

Date: (Signature) _________________________

(Printed Name) _______________________
Place: (Designation) ________________________
(Common Seal) ______________________

Note:
Continuation sheets of like size and format may be used as per Bidder’s requirements
and annexed to this schedule.

139
- Schedule-10

Construction of 66kV, 132 kV & 220 kV Transmission Lines through overhead or

cable or both
(Qualification Data)

Bidder’s Name & Address To

Chief Engineer (MM),
HVPNL, Panchkula,
Haryana – 134113

In accordance with the clause 2.0 of Section ITB, we are furnishing the following
details/documents in support of Qualifying Requirement for Turnkey Package for
Construction of 66kV, 132 kV & 220 kV composite Transmission Lines and 66 kV
1200mm2 XLPE Cable in Panchkula, Faridabad & Gurgaon Area
.
1.0 Attached copies of original documents defining.
a) The constitution or legal status.
b) The place of registration and principal place of business.
c) Written power of attorney of the signatory of the bid to commit the bidder.
d) Bid guarantee.
2.0 Attached copies of original agreements. (In case of Joint Venture only)
a) Signatured Power of Attorney for Joint Venture.
b) A Joint Venture Agreement providing the joint and severe liability of all
partners in the event the contract is awarded to us.
3.0 Attached copies of original letter of authority to seek reference from our bankers.
4.0 General Information
All individual firms and each partner of a joint venture bidding for the package
are requested to complete the information in this form.
1. Name of firm
2. Head Office address
3. Telephone
Contact Person:
4. Fax :
Telex :
5. Place of incorporation/registration
6. Year of Incorporation/Registration

140
5.0 General Experience Record

Name of Bidder or Partners in case of the Joint Venture

All individual firms and all partners of a joint venture are requested to complete
the information in this form.
The information supplied should be the annual turnover of the Bidder (or each
member of the joint venture), expressed as total volume of supply of material &
equipment of similar nature in progress or completed.
Use a separate sheet for each partner of joint venture.

Annual Turnover Data

Turnover (In Rs.)
2009-2010
2010-2011
2011-2012
2012-2013
2013-2014

6.0 Joint Venture Summary

Names of all partners of Joint Venture

1. Lead Partner
2. Partner
3. Partner
The lead partner should not have less than 40% share and each of the other
partners should not have less than 25% share in the project/contract.
Annual turnover data (In Rs.)
Partner's Name 2009-10 2010-11 2011-12 2012-13 2013-14
Lead Partner
1. Partner
2. Partner

7.0 Current Contract Commitments/Works in progress

Sr No Name of contract Value of outstanding Work
1.
2.
3.
4.
5.
6.
7.

141
8.0 Details of Contracts of Similar Nature and Complexity executed as
Prime Contractor:
Use a separate sheet for each contract.

1. Contract No. & Date

Name of the Work
2. Name of Employer
3. Employer's Address
4. Nature of works and special features relevant to the contract.
5. Contract role (Tick one)
 As Sole contractor  As Subcontractor  As Partner in a Joint
Venture
6. Value of the total contract
7. Date of Award
8. Date of completion

9.0 Equipment Capabilities

(a) Detail of Plant & Tools available with the Bidder and proposed to be employed for
erection, testing & commissioning of the laying of XLPE cable.
(b) Detail of field service organization available.
10.0 (A) Financial Capabilities

Banker Name of Banker

Address of Banker

Telephone Contact name & title

Fax Telex

(B) Specify proposed sources of financing to meet the cash flow demands
of the project net of current commitments.

Source of Financing Amount

(C) Attach a latest certificate from the banker indicating financial limits available with
the firm or each of the joint venture partner.
(D) Attach audited financial statements for the last five years of the firm or each
partner of the joint venture partner.

142
11. Litigation History:
The following details of the litigation with the firm or by the firm. The information
of each of the joint venture partner may be supplied in case of joint venture:-

Year Award FOR or Against Name of client, cause of Disputed

the Applicant litigation and matter in dispute amount

Date: (Signature)……………………………
Place: (Printed Name)……………………..
(Designation)………………………
(Common seal)……………………

143
 SCHEDULE-11
Page 1 of 1

Construction of 66kV, 132 kV & 220 kV Transmission Lines through overhead or

cable or both
(Bought out & Sub-Contracted Items)

Bidder’s Name & Address To

Chief Engineer (MM),
HVPNL, Panchkula,
Haryana – 134113

We hereby furnish the details of the items, we propose to buy and the services
propose to sublet for the purpose of supply and erection of the Turnkey package
of Construction of 66kV, 132 kV & 220 kV composite Transmission Lines and 66 kV
1200mm2 XLPE Cable in Panchkula, Faridabad & Gurgaon Area

Sr. No Description of Qty. proposed to Name of source of Nationality of

services of be bought/ sub- services/ supply source
supplies contracted
1.
2.
3.
4.
5.
6.
7.
8.

Date: (Signature) _________________________

(Printed Name) ______________________
Place: (Designation) _______________________
(Common Seal) _____________________

144
 Schedule 12
Page 1 of 1
Construction of 66kV, 132 kV & 220 kV Transmission Lines through overhead or
cable or both
(Work Completion Schedule)
Bidder’s Name & Address To
Chief Engineer (MM),
HVPNL, Panchkula,
Haryana – 134113
We hereby declare that the following work completion schedule shall be followed
by us in erection, testing and commissioning on Turnkey basis of Construction of
66kV, 132 kV & 220 kV composite Transmission Lines and 66 kV 1200mm2 XLPE Cable
in Panchkula, Faridabad & Gurgaon Area, the period commencing from the date of
Award of the contract to us:-
Sr. Description Period in months starting from
No. date of award of contract
From To
1. Route survey of the route of cable
2. Procurement of main equipment
i) 66 kv XLPE cable
ii) All associated accessories for
XLPE cable
3. Excavation and casting of trench
through route
a. Commencement
b. Completion
4. Laying of cable
a. Commencement
b. Completion
5. Stringing of line
a. Commencement
b. Completion
6. Testing of line

7. Commissioning of XLPE cable

Note: The above information should be supplied separately for each line. The
work of procurement of towers and casting of foundations should be completed
at least four months prior to expiry of completion period.
Date: Signature: _______________

Place: Printed Name ____________

Designation:_______________

Common seal ____________

145
 Schedule- 13
Page-1 of 1

220 KV Transmission Lines

(List of special tools & tackles)
Bidder’s Name & Address
To
Chief Engineer (MM),
HVPN, Panchkula,
Haryana – 134113

Dear Sirs,

We are furnishing below the list of special maintenance tools & tackles for
various equipment for 220KV Transmission Lines. The price for these tools &
tackles are already included in the lump sum bid price.

Notwithstanding what is stated above we confirm that any additional special

maintenance tools and tackles, required for the equipment under this package
shall be furnished by us at no extra cost to the employer.

Sr. No. For equipment Item description Unit Qty.

Date : (Signature) __________________________

(Printed Name) _______________________

Place : (Designation) ________________________

(Common Seal) ______________________

146
Specification No.: REC-

SCHEDULE –13
Page – 1 of 1
Construction of 66kV, 132 kV & 220 kV Transmission Lines through overhead or
cable or both
(Check List)
Bidder’s Name & Address
To
Chief Engineer (MM),
HVPNL, Panchkula,
Haryana – 134113

Sl. Item Description Reference Declaration

No.
1. 2. 3. 4.
1. Bidder’s Qualifying data enclosed CI 2.0 of ITB Sec. II Yes/No
Vol. 1
2. Bid Guarantee Cl. 15.0 of ITB Sec. II Yes/No
3. Summary price proposal schedule Schedule 1, Yes/No
filled in BPS, Vol. I
4. Summary Price component Schedule 2, Yes/No
schedules filled in BPS, Vol. I
5. Relevant individual equipment Schedules 3& 4 Yes/No
price component schedules filled in BPS, Vol. I
6. Unit Rate Schedules Schedules 5 and 6 Yes/No
7. Commercial Deviations schedule Schedule 7 Yes/No
filled in BPS, Vol. I
8. Technical Deviations schedule Schedule 8 Yes/No
filled in BPS, Vol. I
9. Additional information schedule Schedule 9, Yes/No
filled in BPS, Vol. I
10. Qualifying requirement data Schedule 10, Yes/No
schedule filled in BPS, Vol. I
11. List of Bought out items Schedule 11, Yes/No
BPS, Vol. I
11. Work completion schedule filled in Schedule 12 Yes/No
BPS, Vol. I
12. Relevant Technical details detail Technical Data Sheets on the Yes/No
for equipment package filled in proformas given in Vol. II
13. Contract Quality assurance Cl. 11.0 of ITB Sec. II Yes/No
programme enclosed Vol. 1
14. Bar / PERT Chart The PERT chart indicating Yes/No
schedule of completion of
works be submitted.
(Annexure XI)
Date: (Signature) _________________________
(Printed Name) ______________________
Place: (Designation) _______________________
(Common Seal) _________

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