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Sample Forms for Bid Preparation

This document provides sample forms and procedures for bidders and contractors. It includes 20 forms related to bidding, contract agreements, performance guarantees, payment procedures, insurance requirements, time schedules, and other necessary documents for project execution. The forms cover key stages of the project cycle from bidding to completion and are intended to standardize processes.

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SIMBU
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0% found this document useful (0 votes)
88 views107 pages

Sample Forms for Bid Preparation

This document provides sample forms and procedures for bidders and contractors. It includes 20 forms related to bidding, contract agreements, performance guarantees, payment procedures, insurance requirements, time schedules, and other necessary documents for project execution. The forms cover key stages of the project cycle from bidding to completion and are intended to standardize processes.

Uploaded by

SIMBU
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Volume-I : Section-VI 1

Sample Forms and Procedures (Forms)

VOLUME-I: SECTION – VI

SAMPLE FORMS AND PROCEDURES


(FORMS)

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


Volume-I : Section-VI 2
Sample Forms and Procedures (Forms)

Table of Contents
SAMPLE FORMS AND PROCEDURES (FORMS) ................................................................................ 3
1. BID FORMS AND PRICE SCHEDULES ........................................................................................... 4
2. BID SECURITY FORM ................................................................................................................... 5
[Link] OF NOTIFICATION BY THE EMPLOYER TO THE BANK...................................................... 9
[Link] OF NOTIFICATION BY THE EMPLOYER TO THE BANK ................................................... 10
4. FORM OF ‘NOTIFICATION OF AWARD OF CONTRACT’ ............................................................ 12
5. FORM OF CONTRACT AGREEMENT .......................................................................................... 17
[Alternative – b] ..................................................................................................................... 25
Appendix-1: TERMS AND PROCEDURES OF PAYMENT.......................................................... 32
Appendix-2 : PRICE ADJUSTMENT ......................................................................................... 40
Appendix-3 : INSURANCE REQUIREMENTS ........................................................................... 49
Appendix-4 : TIME SCHEDULE ............................................................................................... 54
Appendix-5 : LIST OF APPROVED SUBCONTRACTORS ........................................................... 55
Appendix-6 : SCOPE OF WORKS AND SUPPLY BY THE EMPLOYER ........................................ 56
Appendix-7 : LIST OF DOCUMENTS FOR APPROVAL OR REVIEW .......................................... 57
Appendix-8 : GUARANTEES, LIQUIDATED DAMAGES FOR NON – PERFORMANCE .............. 58
6. PERFORMANCE SECURITY FORM ............................................................................................. 59
7. BANK GUARANTEE FORM FOR ADVANCE PAYMENT ............................................................... 63
8. FORM OF TAKING OVER CERTIFICATE ...................................................................................... 66
9. FORM OF INDEMNITY BONDTO BE EXECUTED BY THE CONTRACTOR FOR THE EQUIPMENT
HANDED OVER IN ONE LOT BY .....(abbreviated name of the Employer)...... FOR
PERFORMANCE OF ITS CONTRACT ........................................................................................... 67
[Link] OF INDEMNITY BOND TO BE EXECUTED BY THE CONTRACTOR FOR THE EQUIPMENT
HANDED OVER IN INSTALLMENTS BY ......(abbreviated name of the Employer)........ FOR
PERFORMANCE OF ITS CONTRACT ........................................................................................... 70
[Link] OF AUTHORISATION LETTER ......................................................................................... 73
[Link] OF TRUST RECEIPT FOR PLANT, EQUIPMENT AND MATERIALS RECEIVED ................... 75
[Link] OF EXTENSION OF BANK GUARANTEE .......................................................................... 76
[Link] OF POWER OF ATTORNEY FOR JOINT VENTURE ........................................................... 78
[Link] OF UNDERTAKING BY THE JOINT VENTURE PARTNERS ................................................ 81
[Link] FOR EVIDENCE OF ACCESS TO OR AVAILABILITY OF CREDIT/FACILITIES .................. 86
[Link] OF OPERATIONAL ACCEPTANCE ................................................................................... 87
[Link] OF SAFETY PLAN TO BE SUBMITTED BY THE CONTRACTOR WITHIN SIXTY DAYS OF
AWARD OF CONTRACT ............................................................................................................. 88
[Link] OF JOINT DEED OF UNDERTAKING BY THE SUB-CONTRACTOR ALONGWITH THE
BIDDER/CONTRACTOR ........................................................................................................... 102
20. FORM OF CERTIFICATE OF FINANCIAL PARAMETERS FOR QR .............................................. 105
21. FORM OF DECLARTION FOR SHEDULE “C” .................................................................. 106

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


Volume-I : Section-VI 3
Sample Forms and Procedures (Forms)

SAMPLE FORMS AND PROCEDURES (FORMS)

Preamble

This Section (Section –VI) of the Bidding Documents [named as Sample Forms and Procedures (FORMS)] provides
proforma to be used by the bidders at the time of their bid preparation and by the Contractor subsequent to the
award of Contract.

The Bidder shall complete, sign and submit with its bid the relevant FORMS to be used un-amended, in accordance
with the requirements included in the Bidding Documents.

The Bidder shall provide the Bid Security, either in the form included hereafter or in another form acceptable to the
Employer, pursuant to the provisions in the instructions to Bidders.

The Form of Contract Agreement shall be used un-amended, except for the need to complete Article 1.1 (Contract
Documents), as appropriate and as may be required to suit the specific requirement of the Contract. The form shall
also include the Appendices listed, as required, which should be completed according to the instructions for their
completion provided at the beginning of each Appendix. The Price Schedule deemed to form part of the contract
shall be modified according to any corrections or modifications to the accepted bid resulting from price corrections,
pursuant to the provisions of the Instructions to Bidders.

The Performance Security(ies) and Bank Guarantee for Advance Payment forms should not be completed by the
bidders at the time of their bid preparation. Only the successful Bidder will be required to provide the Performance
Security(ies) and Bank Guarantee for Advance Payment, according to one of the forms indicated herein or in another
form acceptable to the Employer and pursuant to the provisions of the General and Special Conditions of Contract,
respectively.

Depending on specific facts and circumstances related to the Bid, other specific agreement, if any, and the contract,
the text of the Forms herein may need to be modified to some extent. The Employer reserves the right to make such
modifications in conformity with such specific facts and circumstances and rectify and consequent discrepancies, if
any. However, modifications, if any, to the text of the Forms that may be required in the opinion of the
Bidder/Contractor shall be effected only if the same is approved by the Employer. The Employer’s decision in this
regard shall be final and binding.

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


Volume-I : Section-VI 4
Sample Forms and Procedures (Forms)

1. BID FORMS AND PRICE SCHEDULES

1.1 Bid Form

Please see Volume – II.

1.2 Price Schedule

Please see Volume - III

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


Volume-I : Section-VI 5
Sample Forms and Procedures (Forms)

2. BID SECURITY FORM

(To be stamped in accordance with Stamp Act, the Non-Judicial Stamp Paper should be in the name of the
issuing Bank)(Cost of stamp shall be 0.25% of bid value or Rs. 25000/- whichever is less)

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

Date: ...................……...

To: (insert Name and Address of Employer)

WHEREAS M/s. …. (insert name of Bidder)…… having its Registered/Head Office at ….. (insert address of the Bidder)
……….. (hereinafter called "the Bidder") has submitted its Bid for the performance of the Contract for………….(insert
name of the Package)……………under………….(insert Specification No)…………… (hereinafter called "the Bid")

KNOW ALL PERSONS by these present that WE …….. (insert name & address of the issuing bank) ……… having its
Registered/Head Office at …..…….(insert address of registered office of the bank) …….. (hereinafter called "the
Bank"), are bound unto ……(insert name of Employer)….. (hereinafter called "the Employer") in the sum of
....................(insert amount of Bid Security in figures & words).......................... ............................……………. for
which payment well and truly to be made to the said Employer, the Bank binds itself, its successors and assigns by
these presents.

Sealed with the Common Seal of the said Bank this ............... day of ............... 20....

THE CONDITIONS of this obligation are:

(1) If the Bidder withdraws its bid during the period of bid validity specified by the Bidder in the Bid Form; or

(2) In case the Bidder does not withdraw the deviations proposed by him, if any, at the cost of withdrawal stated
by him in the bid and/or accept the withdrawals/rectifications pursuant to the declaration/confirmation made by
him in Attachment – Declaration of the Bid; or

(3) If the Bidder does not accept the corrections to arithmetical errors identified during preliminary evaluation of his
bid pursuant to ITB Clause 27.2; or

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


Volume-I : Section-VI 6
Sample Forms and Procedures (Forms)

(4) If, as per the requirement of Qualification Requirements the Bidder is required to submit a Deed of Joint
Undertaking and he fails to submit the same, duly attested by Notary Public of the place(s) of the respective
executant(s) or registered with the Indian Embassy/High Commission in that Country, within ten days from the
date of intimation of post – bid discussion; or

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

(i) to sign the Contract Agreement, in accordance with ITB Clause 33, or

(ii) to furnish the required performance security, in accordance with ITB Clause 34.

or

(6) In any other case specifically provided for in ITB.

WE undertake to pay to the Employer up to the above amount upon receipt of its first written demand, without the
Employer having to substantiate its demand, provided that in its demand the Employer will note that the amount
claimed by it is due to it, owing to the occurrence of any of the above-named CONDITIONS or their combination, and
specifying the occurred condition or conditions.

This guarantee will remain in full force up to and including ……….. (insert date, which shall be the date 30 days after
the period of bid validity)…….., and any demand in respect thereof must reach the Bank not later than the above
date.

This Bid security shall be payable at Jabalpur. The name and address of corresponding branch at Jabalpur is as
under.

________________________________________________________________________________________

For and on behalf of the Bank

[Signature of the authorised signatory(ies)]

Signature_______________________

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


Volume-I : Section-VI 7
Sample Forms and Procedures (Forms)

Name_______________________

Designation_______________________

POA Number_______________________

Contact Number(s): Tel.______________Mobile______________

Fax Number_______________________

email ____________________________

Common Seal of the Bank______________________

Witness:

Signature_______________________

Name_______________________

Address______________________________

Contact Number(s): Tel.______________Mobile______________

email ____________________________

Note:

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


Volume-I : Section-VI 8
Sample Forms and Procedures (Forms)

1. In case the bid is submitted by a Joint Venture, the bid security shall be in the name of the Joint Venture or
any partner of the Joint Venture.

2. The Bank Guarantee should be in accordance with the proforma as provided. However, in case the issuing
bank insists for additional paragraph for limitation of liability, the following may be added at the end of the
proforma of the Bank Guarantee [i.e., end paragraph of the Bank Guarantee preceding the signature(s) of the
issuing authority(ies) of the Bank Guarantee]:

Quote

“Notwithstanding anything contained herein:

1. Our liability under this Bank Guarantee shall not exceed _________ (value in figures)____________
[_____________________ (value in words)____________].

2. This Bank Guarantee shall be valid upto ________(validity date)__________.

3. We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only & only if
we receive a written claim or demand on or before ________ (validity date) __________.”

Unquote

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


Volume-I : Section-VI 9
Sample Forms and Procedures (Forms)

3a. FORM OF NOTIFICATION BY THE EMPLOYER TO THE BANK


(Applicable for Forfeiture of Bank Guarantee)

To: (insert Name and Address of the issuing Bank)

Ref..: Forfeiture of Bid Security Amount against Bank Guarantee No. …… …………… dated ………… for ……………..,
issued by you on behalf of M/s. ………(insert name of the Bidder) ………...

Dear Sirs,

Please refer to the subject Bank Guarantee executed by you in our favour for ……………………. as Bid Security for the
bid submitted by M/s. ………(insert name of the Bidder) ………... against ….. (insert name of the Package) ………. ;
Specification No. …………………….

As per the terms of the said guarantee, the bank has guaranteed and undertaken to pay immediately on demand by
the Employer the amount of …………….. without any reservation, protest, demur and recourse. Further, any demand
made by the Employer shall be conclusive and binding on the Bank irrespective of any dispute or difference raised by
the Bidder.

In terms of the said guarantee, we hereby submit our claim/demand through this letter for remittance of Bid Security
amount to …. (insert name of the Employer) …….. owing to the occurrence of the condition referred to at Sl. No.
…….. The Bank is requested to remit the full guaranteed sum ………………………. towards proceeds of the bid security
in the form of Demand Draft in favour of ‘…. (insert name of the Employer) …….’, payable at ….(insert place of the
Employer)….’.

Thanking you,

For..................(Name of the Employer)

(AUTHORISED SIGNATORY)

Copy to:

…..(Registered Office of the Bank)….

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


Volume-I : Section-VI 10
Sample Forms and Procedures (Forms)

3b. FORM OF NOTIFICATION BY THE EMPLOYER TO THE BANK


(Applicable for conditional claim pending extension of Bank Guarantee by the Bidder)

To: (insert Name and Address of the issuing Bank)

Ref..: Conditional Claim against Bank Guarantee No. …… …………… dated ………… for …………….. valid up to
…………… issued by you on behalf of M/s. ………(insert name of the Bidder) ………...

Dear Sirs,

Please refer to the subject Bank Guarantee executed by you in our favour on behalf of M/s. ………(insert name of the
Bidder) ………..., who have submitted this Bank Guarantee to us towards Bid Security against ….. (insert name of the
Package) ………. ; Specification No. …………………….

We, ………. (insert name of the Employer) ……….. do hereby request you to lodge our claim/demand against the
subject Bank Guarantee for full guaranteed sum. Kindly note that this claim/demand against the subject Bank
Guarantee is without any further notice in case the amendment to Bank Guarantee No. …………….. dated …………..
extending its validity upto ………………. is not got arranged by ………(insert name of the Bidder) ………... in our favour
and are not received by us upto …………... In such an event you are requested to remit the full guaranteed amount in
terms of the subject guarantee in its letter and spirit and proceeds of this Bank Guarantee shall be forwarded to us in
form of demand draft in favour of ‘…. (insert name of the Employer) ……., payable at ….(insert place of the
Employer)….’.

This is without prejudice to our right under this guarantee and under the law.

Thanking you,

For..................(Name of the Employer)

(AUTHORISED SIGNATORY)

Copy to:

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


Volume-I : Section-VI 11
Sample Forms and Procedures (Forms)

(insert Name and Address of the Bidder)

- You are requested to do the needful so that the amendment to the subject Bank Guarantee extending the validity
up to ……………. is received by us by …………….

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


Volume-I : Section-VI 12
Sample Forms and Procedures (Forms)

4. FORM OF ‘NOTIFICATION OF AWARD OF CONTRACT’

Ref. No. :

Date :

............(insert Contractor's Name & Address)...........

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

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

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

[in case of Joint Venture, the aforesaid details shall be of the Lead Partner and the following shall also be included:

(Lead Partner of the Joint Venture of M/s. ……………… and M/s. …………………………)]

Attn : Mr......................................

Sub. : Notification of Award for Ex-works Supply Contract for ……….. (insert name of the Package) ……….
Specification No.: ………………….. Domestic Competitive Bidding. (Project Funding: Domestic).

Dear Sir,

1.0 REFERENCE

This has reference to the following:

1.1 Our Invitation for Bids (IFB) dated ………...

1.2 Bidding documents for the subject package issued to you vide our letter Ref. No. ……………….. dated ………..,
comprising the following:

a) Conditions of Contract Volume-I

(Document Code No. ……………………)

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


Volume-I : Section-VI 13
Sample Forms and Procedures (Forms)

b) Technical Specifications, Drawings Volume-II

(Document Code No. ……………………)

c) Bid Form, Price Schedules Volume-III

& Technical Data Sheets

(Document Code No. ……………………)

1.2.1 Amendment/Errata No. …… to Bidding Documents issued to you vide our letter no. …………. dated ………….

(Applicable only if any Errata/Amendment to the Bidding Documents has been issued subsequently)

1.2.2 Clarifications to the Bidding Documents, pursuant to pre-bid conference held on …………., issued to you vide
our letters no. …………. dated ……….... (Use as applicable)

(Applicable only if any clarification to the Bidding Documents has been issued subsequently)

(INCLUDE AS FURTHER SUB-PARAGRAPHS ANY OTHER CORRESPONDENCE MADE TO THE BIDDER AFTER
ISSUANCE OF BIDDING DOCUMENTS UP TO BID OPENING)

1.3 First envelope of your Bid submitted/the Bid submitted by the Joint Venture (JV) of M/s. ………………………..
(Lead Partner) and M/s. ……………………………. (Other Partner) for the subject package under Proposal
reference no. ………….. dated …………………….. was opened on ………………. (Use as applicable)

1.4 Intimation for Opening of Price Schedule issued to you vide our letter no. …………. dated ……………

1.5 Your Bid/the Bid by the Joint Venture (JV) of M/s. ……………………….. (Lead Partner) and M/s.
……………………………. (Other Partner) under proposal reference no. ……………. dated ………… was opened
on……………….(Use as applicable)

1.6 Post bid discussions we had with you on various dates from ……………. to ……………. resulting into the
Minutes of Meeting/ Record Notes of Post Bid Discussions enclosed as APPENDIX (NOA)-1with this
Notification of Award.

2.0 AWARD OF CONTRACT AND ITS SCOPE

2.1 We confirm having accepted your Bid/Bid of the Joint Venture (JV) of M/s. ………………… (Lead Partner) and
M/s. ……………… (Other Partner) (Use as applicable) (referred to at para 1.3 & 1.5 above) read in

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


Volume-I : Section-VI 14
Sample Forms and Procedures (Forms)

conjunction with all the specifications, terms & conditions of the Bidding Documents (referred to at para 1.2,
1.2.1 & 1.2.2 [modify as applicable] above) and specific confirmations recorded in the Record Notes of Post
Bid Discussions (referred to at para 1.6 above), and award on you/the JV (use as applicable) the ‘Ex-works
Supply Contract’ (also referred to as the ‘First Contract’) covering inter-alia Ex-works supply of all equipment
and materials including Type Testing to be conducted, required for the complete execution of the ……
(insert name of Package alongwith name of the Project) ……., as detailed in the documents referred
hereinabove. The scope of work inter-alia includes the following:

...........……. (Indicate brief Scope of Work) ........................

The scope of work under this Notification of Award (NOA) shall also include all such items which are not
specifically mentioned in the Bidding Documents and/or your bid but are necessary for the successful
completion of your scope under the Contract for the construction of …… (insert name of Package alongwith
name of the Project) ……., unless otherwise specifically excluded in the Bidding Documents or in this NOA.

2.1.1 You, the Lead Partner of the JV, along with M/s. ……………………., the Other Partner of JV, shall be liable
jointly and severally for the execution of the Contract in accordance with terms and conditions of the
Contract. As per the Power of Attorney furnished in your favour by the Joint Venture, as enclosed with Bid
Proposal of the JV, you shall act as the Partner In-charge (Lead Partner) of the above Joint Venture for
execution of the Contract. (This provision shall be included only in case the Bidder is a Joint Venture)

2.2 The notification for award of Contract for performance of all other activities, as set forth in the Bidding
Documents, viz.

.................….. (Indicate brief scope of work of the Second Contract) .............................

has been issued on you vide our NOA no. ………….. dated ……………. (hereinafter called the “Second
Contract” or “Services Contract”).

Notwithstanding the award of work under two separate Contracts in the aforesaid manner, you/the JV (use
as applicable) shall be overall responsible to ensure the execution of both the Contracts to achieve
successful completion and taking over of the works under the package by the Employer as per the
requirements stipulated in the Bidding Documents. It is expressly understood and agreed by you/the JV (use
as applicable) that any default or breach under the ‘Second Contract’ shall automatically be deemed as a
default or breach of this ‘First Contract’ also and vice-versa, and any such default or breach or occurrence
giving us a right to terminate the ‘Second Contract’, either in full or in part, and/or recover damages there
under, shall give us an absolute right to terminate this Contract, at your/JV’s (use as applicable) risk, cost
and responsibility, either in full or in part and/or recover damages under this ‘First Contract’ as well.
However, such default or breach or occurrence in the ‘Second Contract’, shall not automatically relieve
you/the JV (use as applicable) of any of your/JV’s (use as applicable) obligations under this ‘First Contract’.
It is also expressly understood and agreed by you/the JV (use as applicable) that the equipment/materials
supplied by you/the JV (use as applicable) under this ‘First Contract’, when erected, installed &
commissioned by you under the ‘Second Contract’ shall give satisfactory performance in accordance with
the provisions of the Contract.

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


Volume-I : Section-VI 15
Sample Forms and Procedures (Forms)

3.0 CONTRACT PRICE

3.1 The total Contract Price for the entire scope of work under this Contract shall be ………….. (Specify the
currency and the amount in figures & words) …………. as per the following break-up:

Sl. Price Component Amount


No.

1.

2.

3.2 Notwithstanding the break-up of the Contract Price, the Contract shall, at all times, be construed as a single
source responsibility Contract and any breach in any part of the Contract shall be treated as a breach of the
entire Contract.

4.0 You/The JV (use as applicable)are/is required to furnish at the earliest a Performance Security(ies), as per
the Bidding Documents, for an amount of …… (Specify the value) ………… i.e. equal to 10% (Ten percent) of
the Contract Price, and valid upto and including ………………….. and any other securities as per the Bidding
Documents.

(In case any other performance security is required to be furnished, the same is to be mentioned here)

5.0 For release of advance payment (admissible as per the Bidding Documents) equal to …..% of the Ex-works
Price component of the Contract Price, you are, inter-alia, required to furnish a Bank Guarantee for the
equivalent advance amount. The validity of the Advance Bank Guarantee shall be up to and including
………….. Further, please note that furnishing of all the Contract Performance Securities shall be one of the
conditions precedent to release of advance under this Contract.

6.0 All the bank guarantees shall be furnished from an eligible bank as described in the Bidding Documents.

7.0 The schedule for Taking Over/Completion of Facilities by the Employer upon successful completion of the
…… (insert name of Package alongwith name of the Project) …. shall be … (indicate the completion
schedule) …. months from the date of issue of this Notification of Award for all contractual purposes.

8.0 This Notification of Award constitutes formation of the Contract and comes into force with effect from the
date of issuance of this Notification of Award.

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


Volume-I : Section-VI 16
Sample Forms and Procedures (Forms)

9.0 You shall enter into a Contract Agreement with us within twenty-eight (28) days from the date of this
Notification of Award.

10.0 This Notification of Award is being issued to you in duplicate. We request you to return its duplicate copy
duly signed and stamped on each page including the enclosed Appendix as a token of your
acknowledgement.

Please take the necessary action to commence the work and confirm action.

Yours faithfully,

For and on behalf of

.................(Name of the Employer)............

(Authorised Signatory)

Enclosures:

APPENDIX (NOA) – 1 - Record Notes of Post - Bid Discussions held on various dates from …………. to
………………….

Note:
(1) Instructions indicated in italics in this notification of award are to be taken care of by the issuing authority.
The Forms may be modified appropriately to suit the specific requirement of the Contract.

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


Volume-I : Section-VI 17
Sample Forms and Procedures (Forms)

5. FORM OF CONTRACT AGREEMENT

SUPPLY CONTRACT AGREEMENT BETWEEN ................. (Name of Employer) ............... AND M/s. ...................
(Name of Contractor) .............../JOINT VENTURE (JV) OF M/s. …….. (Name of Lead Partner)…. (THE LEAD PARTNER
OF THE JV) AND M/s. …..(Name of Other Partner)…… (THE PARTNER OF THE JV) [Use as applicable]

THIS CONTRACT AGREEMENT No. ………………… (also referred to as ‘Ex-Works Supply Contract/the First Contract’) is
made on the ….. day of …………… 20…..

BETWEEN

(1) ...................... (Name of Employer).................... a company incorporated under the laws of Companies Act
1956/2013 (with amendment from time to time) and having its Registered Office at ………(registered address of the
Employer) ………………… and its Corporate Office at ………… (address of the Employer)….………… (hereinafter called
"the Employer" and also referred to as “…..(insert abbreviated name of the Employer) ……..”)

and

(2) M/s ............. (Name of Contractor) ............, a company incorporated under the laws of Companies Act
1956/2013 (with amendment from time to time) and having its Principal place of business at ……….... (Address of
Contractor) ............................... and Registered Office at ……….... (Registered address of Contractor) ...............
(hereinafter called "the Contractor" and also referred to as “…..(insert abbreviated name of the Contractor) ……..”)

or

Joint Venture (JV) of M/s ................. (Name of Lead Partner) .................. (the Lead Partner of JV), a company
incorporated under the laws of Companies Act 1956 and having its Principal place of business at ………....(Address of
Lead Partner) ............................... and Registered Office at ……….... (Registered address of Lead Partner)
........................ and M/s ................. (Name of Other Partner) .................. (the Partner of JV), a company
incorporated under the laws of Companies Act 1956/2013 (with amendment from time to time) and having its
Principal place of business at ………....(Address of Other Partner) ............................... and Registered Office at
………....(Registered address of Other Partner) ........................ (hereinafter called "the Contractor" and also referred
to as “Joint Venture”/the ‘JV””)

(Applicable only in case of Joint Venture)

WHEREAS the Employer desires to engage the Contractor for the supply of all equipment and materials including
taxes and duties as applicable, Type Testing to be conducted inter-alia including …….................….. (Indicate brief
scope of work) ............................... for the complete execution of the …… (insert name of Package alongwith name

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


Volume-I : Section-VI 18
Sample Forms and Procedures (Forms)

of the Project)……. as detailed in the Contract Document ("the Facilities"), and the Contractor has agreed to such
engagement upon and subject to the terms and conditions hereinafter appearing.

NOW IT IS HEREBY AGREED as follows:

Article 1. Contract Documents

1.1 Contract Documents (Reference GCC Clause 2.2)

The following documents shall constitute the Contract between the Employer and the Contractor, and each
shall be read and construed as an integral part of the Contract:

VOLUME – A

1. This Contract Agreement and the Appendices thereto.

2. Invitation for bids (Reference No.…… dated……)

3. Pre-bid clarification (Reference No.…… dated……)

4. Letter of Intent (Reference No.…… dated……)

5. Mutually agreed contract execution plan/PERT chart (Reference No.…… dated……)

6. Contract Performance Securities (Reference No.…… dated……)

7. Letter of Award (Reference No.…… dated……)

VOLUME – B

3. “Bidding Documents” comprising of the following:

The Bidding Document is a compilation of the following and shall include amendments…. to ……, if
any, thereto:

a. VOLUME – I: Condition of contract (Document Code No.: ………………):


Section I: Invitation for Bid (Section - IFB)

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Section II: Instructions to Bidders (Section – ITB)

Section III: Bid Data sheets (BDS)

Section IV: General Conditions of Contract (GCC)

Section V: Special Conditions of Contract (SCC)

Section VI: Sample Forms and Procedures (FP)

1. Bid Form & Price Schedule

1.1 Bid Form

1.2 Price Schedule

2. Bid Security Form

3. Form of Notification by the Employer to the Bank

3.a Applicable for forfeiture of Bank Guarantee

3.b Applicable for conditional claim pending extension of


Bank Guarantee by the bidder.

4. Form of ‘Notification of Award of Contract’

5. Form of Contract Agreement

5.1 Appendix-1: Terms and Procedures of Payment:

Grid/Power Substation, and 11KV, Distribution Transformer, LT


and Service connection

5.2 Appendix-2: Price Adjustment

5.3 Appendix-3: Insurance Requirements

5.4 Appendix-4: Time Schedule

5.5 Appendix-5: List of Approved Subcontractors

5.6 Appendix-6: Scope of Works and Supply by the Employer

5.7 Appendix-7: List of Document for Approval or Review

5.8 Appendix-8: Guarantees, Liquidated Damages for Non-


Performance

6. Performance Security Form

7. Bank Guarantee Form for Advance Payment

8. Form of Taking over Certificate

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9. Form of Indemnity Bond to be executed by the Contractor for


the Equipment handed over in one lot byEmployer for
performance of its contract

10. Form of Indemnity Bond to be executed by the Contractor for


the Equipment handed over in installments by Employer For
performance of its contract

11. Form of Authorisation Letter

12. Form of Trust Receipt for Plant, Equipment and Materials


received

13. Form of Extension of Bank Guarantee

14. Form of Power of Attorney for Joint Venture

15. Form of Undertaking by the Joint Venture Partners

16. Format for Evidence of Access to or Availability of Credit/


Facilities

17. Form of Operational Acceptance

18. Form of Safety Plan to be submitted by the Contractor within


sixty days of award of contract

19. Form of joint deed of undertaking by the Sub-contractor along


with the bidder /contractor

20. Form of Certificate of Financial Parameters for QR

Section VII: Scope of works,

b. VOLUME-II: Bid –Proposal Sheets (Document Code No.: ……………..):


Section I: Project Management System (PMS), Quality Assurance& Evaluation Mechanism,
Documentation& PMA

Section II: Bid Forms

Section III: Price Schedules

c. Volume-III: Technical Specifications, Drawings (Document Code No.: ……………..):


Section I: Technical Specifications

Section II: Tender Drawings

Section III: Technical Specifications for IPDS

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VOLUME – C

4. Bid Submitted by the Contractor.

(Only relevant extracts are attached herewith for easy reference. Should the circumstances warrant, the
original Bid along with the enclosures thereof, shall be referred to.).

1.2 Order of Precedence (Reference GCC Clause 2)

In the event of any ambiguity or conflict between the Contract Documents listed above, the order of
precedence shall be the order in which the Contract Documents are listed in Article 1.1 (Contract
Documents) above.

1.3 Definitions (Reference GCC Clause 1/SCC Clause 1)

1.3.1 Capitalized words and phrases used herein shall have the same meanings as are ascribed to them in the
General Conditions of Contract/Special Conditions of Contract.

Article 2. Contract Price and Terms of Payment

2.1 Contract Price (Reference GCC Clause 7)

The Employer hereby agrees to pay to the Contractor the Contract Price in consideration of the performance
by the Contractor of its obligations hereunder. The Contract Price shall be the aggregate of .……. (amount
in words) ................. (...............(amount in figures) ….. ........), or such other sums as may be determined
in accordance with the terms and conditions of the Contract. The break-up of the Contract price is as under:

Sl. Price Component Amount


No.

1. Ex-Works Price Component

2. Type Test Charges Not Applicable

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Sl. Price Component Amount


No.

Total for Ex-Works Supply Contract

The detailed break-up of Contract Price is given in the relevant Appendices hereto.

2.2 Terms of Payment (Reference GCC Clause 8)

The terms and procedures of payment according to which the Employer will reimburse the Contractor are
given in Appendix 1 (Terms and Procedures of Payment) hereto.

Article 3. Effective Date for Determining Time for Completion

3.1 Effective Date (Reference GCC Clause 1)

The Time of Completion of Facilities shall be determined from the date of the Notification of Award i.e., from
…………………

Article 4. Appendices

The Appendices listed in the List of Appendices, as mentioned below, shall be deemed to form an integral
part of this Contract Agreement.

Reference in the Contract to any Appendix shall mean the Appendices attached hereto, and the Contract
shall be read and construed accordingly.

List of Appendices

Appendix 1 Terms and Procedures of Payment

Appendix 2 Price Adjustment

Appendix 3 Insurance Requirements

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Appendix 4 Time Schedule

Appendix 5 List of Approved Subcontractors

Appendix 6 Scope of Works and Supply by the Employer

Appendix 7 List of Document for Approval or Review

Appendix 8 Guarantees, Liquidated Damages for Non-Performance

Article 5.

The Contract Agreement No. …………………….. has also been made on the …….. day of ………….. 20….,
between the Employer and the Contractor for the Services Contract (hereinafter referred to as the “Second
Contract”) for the subject package which includes performance of all the servicesinteralia including
…….................….. (Indicate brief scope of work) ............................... for the complete execution of the
…… (insert name of Package alongwith name of the Project)…….

Notwithstanding the award of contract under two separate contracts in the aforesaid manner, the Contractor
shall be overall responsible to ensure the execution of both the contracts to achieve successful completion
and taking over of the facilities by the Employer as per the requirements stipulated in the Contract. It is
expressly understood and agreed by the Contractor that any default or breach under the ‘Second Contract’
shall automatically be deemed as a default or breach of this ‘First Contract’ also and vice-versa and any such
breach or occurrence or default giving the Employer a right to terminate the ‘Second Contract’ either in full
or in part, and/or recover damages there under that Contract, shall give the Employer an absolute right to
terminate this Contract at the Contractor’s risk, cost and responsibility, either in full or in part and /or
recover damages under this ‘First Contract’ as well. However, such breach or default or occurrence in the
‘Second Contract’ shall not automatically relieve the Contractor of any of its responsibility/ obligations under
this ‘First Contract’. It is also expressly understood and agreed by the Contractor that the equipment
/materials supplied by the Contractor under this ‘First Contract’ when installed and commissioned by the
Contractor under the ‘Second Contract’ shall give satisfactory performance in accordance with the provisions
of the Contract.

IN WITNESS WHEREOF the Employer and the Contractor have caused this Agreement to be duly executed by their
duly authorized representatives the day and year first above written.

Signed by for and Signed by for and

on behalf of the Employer on behalf of the Contractor

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

Signature Signature

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

Title Title

in the presence of in the presence of

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5. FORM OF CONTRACT AGREEMENT

[Alternative – b]

SERVICES CONTRACT AGREEMENT BETWEEN ................. (Name of Employer) ............... AND M/s. ...................
(Name of Contractor) .............../JOINT VENTURE (JV) OF M/s. …….. (Name of Lead Partner)…. (THE LEAD PARTNER
OF THE JV) AND M/s. …..(Name of Other Partner)…… (THE PARTNER OF THE JV) [Use as applicable]

THIS CONTRACT AGREEMENT No. ………………… (also referred to as ‘Services Contract/the Second Contract’) is made
on the ….. day of …………… 20…..

BETWEEN

(1) ...................... (Name of Employer).................... a company incorporated under the laws of Companies Act
1956/2013 (with amendment from time to time) and having its Registered Office at ………(registered address of the
Employer) ………………… and its Corporate Office at ………… (address of the Employer)….………… (hereinafter called
"the Employer" and also referred to as “…..(insert abbreviated name of the Employer) ……..”)

and

(2) M/s .............. (Name of Contractor) ..........., a company incorporated under the laws of Companies Act
1956/2013 (with amendment from time to time) and having its Principal place of business at ………....(Address of
Contractor) ............................... and Registered Office at ……….... (Registered address of Contractor) ...............
(hereinafter called "the Contractor" and also referred to as “…..(insert abbreviated name of the Contractor) ……..”)

or

Joint Venture (JV) of M/s ................. (Name of Lead Partner) .................. (the Lead Partner of JV), a company
incorporated under the laws of Companies Act 1956 and having its Principal place of business at ……….... (Address of
Lead Partner) ............................... and Registered Office at ……….... (Registered address of Lead Partner)
........................ and M/s ................. (Name of Other Partner) .................. (the Partner of JV), a company
incorporated under the laws of Companies Act 1956/2013 (with amendment from time to time) and having its
Principal place of business at ………....(Address of Other Partner) ............................... and Registered Office at
………....(Registered address of Other Partner) ........................ (hereinafter called "the Contractor" and also referred
to as “Joint Venture”/the ‘JV””)

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(Applicable only in case of Joint Venture)

WHEREAS the Employer desires to engage the Contractor for providing all the services inter-alia including
…….................….. (Indicate brief scope of work) ............................... for the complete execution of the …… (insert
name of Package alongwith name of the Project)……. as detailed in the Contract Document ("the Facilities"), and the
Contractor has agreed to such engagement upon and subject to the terms and conditions hereinafter appearing.

NOW IT IS HEREBY AGREED as follows:

Article 1. Contract Documents

1.1 Contract Documents (Reference GCC Clause 2.2)

The following documents shall constitute the Contract between the Employer and the Contractor, and each
shall be read and construed as an integral part of the Contract:

VOLUME – A

1. This Contract Agreement and the Appendices thereto.

2. Invitation for bids (Reference No.…… dated……)

3. Pre-bid clarification (Reference No.…… dated……)

4. Letter of Intent (Reference No.…… dated……)

5. Mutually agreed contract execution plan/PERT chart (Reference No.…… dated……)

6. Contract Performance Securities (Reference No.…… dated……)

7. Letter of Award (Reference No.…… dated……)

VOLUME – B

3. “Bidding Documents” comprising of the following:

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The Bidding Document is a compilation of the following and shall include amendments…. to ……, if
any, thereto:

a. VOLUME – I: Condition of contract (Document Code No.: ………………):


Section I: Invitation for Bid (Section - IFB)

Section II: Instructions to Bidders (Section – ITB)

Section III: Bid Data sheets (BDS)

Section IV: General Conditions of Contract (GCC)

Section V: Special Conditions of Contract (SCC)

Section VI: Sample Forms and Procedures (FP)

1. Bid Form & Price Schedule

1.1 Bid Form

1.2 Price Schedule

2. Bid Security Form

3. Form of Notification by the Employer to the Bank

3.a Applicable for forfeiture of Bank Guarantee

3.b Applicable for conditional claim pending extension of


Bank Guarantee by the bidder.

4. Form of ‘Notification of Award of Contract’

4(a) Form of ‘Notification of Award of Contract’ for Supply


of Plant and equipment

4(b) Form of ‘Notification of Award of Contract’ for


Installation of Plant and equipment

5. Form of Contract Agreement

Alternative A

Alternative B

5.1 Appendix-1: Terms and Procedures of Payment:

Grid/Power Substation, and 11KV, Distribution Transformer, LT


and Service connection

5.2 Appendix-2: Price Adjustment

5.3 Appendix-3: Insurance Requirements

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5.4 Appendix-4: Time Schedule

5.5 Appendix-5: List of Approved Subcontractors

5.6 Appendix-6: Scope of Works and Supply by the Employer

5.7 Appendix-7: List of Document for Approval or Review

5.8 Appendix-8: Guarantees, Liquidated Damages for Non-


Performance

6. Performance Security Form

7. Bank Guarantee Form for Advance Payment

8. Form of Taking over Certificate

9. Form of Indemnity Bond to be executed by the Contractor for


the Equipment handed over in one lot byEmployer for
performance of its contract

10. Form of Indemnity Bond to be executed by the Contractor for


the Equipment handed over in installments byEmployer For
performance of its contract

11. Form of Authorisation Letter

12. Form of Trust Receipt for Plant, Equipment and Materials


received

13. Form of Extension of Bank Guarantee

14. Form of Power of Attorney for Joint Venture

15. Form of Undertaking by the Joint Venture Partners

16. Format for Evidence of Access to or Availability of Credit/


Facilities

17. Form of Operational Acceptance

18. Form of Safety Plan to be submitted by the Contractor within


sixty days of award of contract

19. Form of joint deed of undertaking by the Sub-contractor along


with the bidder /contractor

20. Form of Certificate of Financial Parameters for QR

Section VII: Scope of works

d. VOLUME-II: Bid –Proposal Sheets (Document Code No.: ……………..):

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Section I: Project Management System (PMS), Quality Assurance& Evaluation Mechanism,


Documentation& PMA

Section II: Bid Forms

Section III: Price Schedules

e. Volume-III: Technical Specifications, Drawings (Document Code No.: ……………..):


Section I: Technical Specifications

Section II: Tender Drawings

Section III: Technical Specifications for IPDS

VOLUME – C

4. Bid Submitted by the Contractor.

(Only relevant extracts are attached herewith for easy reference. Should the circumstances warrant, the
original Bid along with the enclosures thereof, shall be referred to.).

1.2 Order of Precedence (Reference GCC Clause 2)

In the event of any ambiguity or conflict between the Contract Documents listed above, the order of
precedence shall be the order in which the Contract Documents are listed in Article 1.1 (Contract
Documents) above.

1.3 Definitions (Reference GCC Clause 1/SCC Clause 1)

1.3.1 Capitalized words and phrases used herein shall have the same meanings as are ascribed to them in the
General Conditions of Contract/Special Conditions of Contract.

Article 2. Contract Price and Terms of Payment

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2.1 Contract Price (Reference GCC Clause 7)

The Employer hereby agrees to pay to the Contractor the Contract Price in consideration of the performance
by the Contractor of its obligations hereunder. The Contract Price shall be the aggregate of .……. (amount
in words) ................. (...............(amount in figures) ….. ........), or such other sums as may be determined
in accordance with the terms and conditions of the Contract. The break-up of the Contract price is as under:

Sl. Price Component Amount


No.

The detailed break-up of Contract Price is given in the relevant Appendices hereto.

2.2 Terms of Payment (Reference GCC Clause 8)

The terms and procedures of payment according to which the Employer will reimburse the Contractor are
given in Appendix 1 (Terms and Procedures of Payment) hereto.

Article 3. Effective Date for Determining Time for Completion

3.1 Effective Date (Reference GCC Clause 1)

The Time of Completion of Facilities shall be determined from the date of the Notification of Award i.e., from
…………………

Article 4. Appendices

The Appendices listed in the List of Appendices, as mentioned below, shall be deemed to form an integral
part of this Contract Agreement.

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Reference in the Contract to any Appendix shall mean the Appendices attached hereto, and the Contract
shall be read and construed accordingly.

List of Appendices

Appendix 1 Terms and Procedures of Payment


Appendix 2 Price Adjustment
Appendix 3 Insurance Requirements
Appendix 4 Time Schedule
Appendix 5 List of Approved Subcontractors
Appendix 6 Scope of Works and Supply by the Employer
Appendix 7 List of Document for Approval or Review
Appendix 8 Guarantees, Liquidated Damages for Non-Performance

IN WITNESS WHEREOF the Employer and the Contractor have caused this Agreement to be duly executed by their
duly authorized representatives the day and year first above written.

Signed by for and Signed by for and

on behalf of the Employer on behalf of the Contractor

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

Signature Signature

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

Title Title

in the presence of in the presence of

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Appendix-1: TERMS AND PROCEDURES OF PAYMENT

I. The rates of items are worked out in Price Schedule. Items otherwise required for completion of work but
not listed in the Price Schedule shall also be in the scope of the contractor. The costs of such items whose
rates are not available may also be included in the quoted price in the Price Schedule. The payment shall be
made on item wise basis only as indicated in Price Schedule.

II. The payment to the Contractor under the contract will be made by the Employer in line with Clause 8,
Section GCC, Vol.-I and as per the guidelines and conditions specified hereunder.

III. All progressive payments shall be released on validity of Contract Performance Security and securities
against Initial Advance.

IV. The interest rate on advance payment shall be SBI's Base rate on the date of disbursement of advance
payment. The interest accrued on interest bearing advance shall be adjusted first before releasing any
payment. The interest rate shall be calculated on the daily progressive balances outstanding as on the date
of recovery/adjustment i.e. on daily rest basis.

V. Upon award of the contract, contractor shall be free to take on the work at all the fronts or at specified
fronts as advised by Project Manager.

VI. Unmeasured ad-hoc payment: The employer, at his discretion in exigencies, to ensure liquidity of funds with
the contractor may accept un-measured ad-hoc bill of the contractor. In this method, following methodology
shall be adopted:

a. Submission of certificate on measurement book by Project Manager that materials under


consideration have been erected, tested and commissioned as per technical specification, scope of
work & approved drawings.

b. Quantum and completion of works is certified by Project Manager jointly with contractor and
eligible amount of such works are computed as per approved payment terms.

c. 50% of such eligible amount shall be released to the contractor immediately within a week. The
amount of un-measured bill should not be more than average of previous two measured bill.

d. Next bill of the work shall invariably be a measured bill in which, various quantities of unmeasured
bill shall be verified and measured jointly by Project Manager and contractor.

A. Supply, Erection, Testing and Commissioning of works under DDUGJY:

1. Advance payment (Optional):

i. For Ex-works Supply contract, initial interest bearing adjustable Mobilization Advance of 15% of ex-
works contract cost excluding taxes and duties shall be released for all the materials in two
tranches of 7.5% each, First installment of 7.5% of ex-works price component shall be released on
presentation of the following:

a. Unconditional acceptance of the Letter of Award and signing of contract agreement by the
Contractor.

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b. Contractor’s detailed invoice.

c. Submission and acceptance of unconditional & irrevocable part Bank Guarantees (as many
number as proposed recovery installments and should be of 110% amount of each installment) in
favor of employer with total amounting to 110% of total advance amount as per proforma
attached with Section-VI of Vol.-I (Conditions of Contract). The said Bank Guarantees shall be
initially valid upto end of ninety (90) days after the scheduled month of supply of materials and
shall be extended from time to time till ninety (90) days beyond revised scheduled month of
supply of materials, as may be required under the Contract.

d. An unconditional & irrevocable Bank Guarantee for ten percent (10%) of the total Contract price
towards Contract Performance Guarantee (CPG) in accordance with the provisions of Clause 34.1,
Section ITB and as per proforma attached with Section-VI of Vol.-I (Conditions of Contract). The
said bank guarantee shall be initially valid up to ninety (90) days after expiry of the Warranty
Period and shall be extended from time to time till ninety (90) days beyond successful completion
of warranty period, as may be required under the Contract.

e. Detailed PERT Network/Bar chart and its approval by the Employer.

The bidder must utilize first advance installment of 7.5% of ex-works supply component before
requesting for second advance installment. Second installment of 7.5% shall be released on
presentation of contractor’s invoice and satisfactory utilization certificate supported with
documentary evidences of first advance installment.

ii. For Services Contract, initial interest bearing adjustable Mobilization Advance of 10% of erection
contract price excluding taxes and duties shall be released for all the works in two tranches of 5%
each. First installment of 5% of total erection price shall be released on presentation of the
following:

a. Submission of detailed invoice for advance payment.

b. Establishment of Contractor’s site offices and certification by Engineer that satisfactory


mobilization for erection exists.

c. Submission and acceptance of unconditional & irrevocable part Bank Guarantees (as many
number as proposed recovery installments and should be of 110% amount of each
installment) in favor of employer with total amounting to 110% of total advance amount as
per proforma attached with Section-VI of Vol.-I (Conditions of Contract). The said Bank
Guarantees shall be initially valid up to end of ninety (90) days after the scheduled month of
erection of materials and shall be extended from time to time till ninety (90) days beyond
revised scheduled month of erection of materials, as may be required under the Contract.

d. Submission of an unconditional & irrevocable Bank Guarantee in favor of Employer for ten
percent (10%) of the total Contract price towards Contract Performance Guarantee (CPG) in
accordance with Clause 34.1 of Section-ITB, Vol.-I and as per proforma attached with Section-
VI of Volume-I (Conditions of Contract). The said Bank Guarantee shall be initially valid up to
90 (ninety) days after the expiry of warranty period and shall be extended from time to time

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till ninety (90) days beyond successful completion of warranty period, as may be required
under the Contract.

The bidder must utilize first advance installment of 5% of total erection price before
requesting for second advance installment. Second installment of 5% shall be released on
presentation of contractor’s invoice and satisfactory utilization certificate of first advance
installment.

2. Progressive payments (Supply):

2.1. First Installment (60%) : Sixty percent (60%) payments against various items of price schedule 1
including 100% Excise Duty, Taxes etc shall be paid on receipt and acceptance of Materials on
submission of documents indicated herein under:

a. Unconditional acceptance of the Letter of Award and signing of contract agreement by the
Contractor.

b. An unconditional & irrevocable Bank Guarantee for ten percent (10%) of the total Contract
price towards Contract Performance Guarantee (CPG) in accordance with the provisions of
Clause 34.1, Section ITB and as per proforma attached with Section-VI of Vol.-I (Conditions of
Contract). The said bank guarantee shall be initially valid upto ninety (90) days after expiry of
the Warranty Period and shall be extended from time to time till ninety (90) days beyond
successful completion of warranty period, as may be required under the Contract.

c. Detailed Project Execution Plan/PERT chart and its approval by the Employer.

d. Evidence of dispatch (R/R or receipted L/R)

e. Contractor’s detailed invoice & packing list identifying contents of each shipment.

f. Invoice certifying payments of ED, Taxes for the direct transaction between Employer and
Contractor,

g. Copy of Certificate to the effect of payments of State/ Central taxes, duties, levies etc have
been made against supply of materials through sub-vendors under the contract.

h. Certified copy of Insurance policy/Insurance Certificate.

i. Manufacturer’s/Contractor’s guarantee certificate of Quality.

j. Material Dispatch Clearance Certificate (MDCC) / Dispatch Instructions (DI) for dispatch of
materials from the manufacturer’s works. MDCC/DI shall be issued by authorized officer of
Employer

k. Manufacturer’s copy of challan

l. submission of the certificate by the Employer’s representative that the item(s) have been
received,

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m. Submission of certificate by Project Manager that materials have been supplied as per
technical specification, scope of work & approved drawings enclosing certified copy of
inspection reports and dispatch clearances.

a. 60% of proportionate Mobilization Advance against Supply shall be adjusted while making
payments of this installment. In case of delay of project, the entire mobilization advance
shall get recovered from the contractor as per supply and erection contracts’ works
completion schedule respectively.

2.2. Second Installment (30%): Thirty percent (30%) payments against various items of price schedule
1shall be paid on following conditions:

1. Unconditional acceptance of the Letter of Award and signing of contract agreement by the
Contractor.

2. An unconditional & irrevocable Bank Guarantee for ten percent (10%) of the total Contract price
towards Contract Performance Guarantee (CPG) in accordance with the provisions of Clause 34.1,
Section ITB and as per proforma attached with Section-VI of Vol.-I (Conditions of Contract). The
said bank guarantee shall be initially valid upto ninety (90) days after expiry of the Warranty Period
and shall be extended from time to time till ninety (90) days beyond successful completion of
warranty period, as may be required under the Contract.

3. Detailed Project Execution Plan/PERT chart and its approval by the Employer.

4. Evidence of dispatch (R/R or receipted L/R)

5. Contractor’s detailed invoice & packing list identifying contents of each shipment.

6. Invoice certifying payments of ED, Taxes for the direct transaction between Employer and
Contractor,

7. Copy of Certificate to the effect of payments of State/ Central taxes, duties, levies etc have been
made against supply of materials through sub-vendors under the contract.

8. Certified copy of Insurance policy/Insurance Certificate.

9. Manufacturer’s/Contractor’s guarantee certificate of Quality.

10. Material Dispatch Clearance Certificate (MDCC) / Dispatch Instructions (DI) for dispatch of
materials from the manufacturer’s works. MDCC/DI shall be issued by authorized officer of
Employer

11. Manufacturer’s copy of challan

12. submission of the certificate on measurement book by the Project Manager that the item(s) have
been received,

13. Submission of certificate on measurement book by Project Manager that materials under
consideration have been erected, tested and commissioned as per technical specification, scope of
work & approved drawings.

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14. Test check certification on Measurement Book be recorded by officers in hierarchy with the claim as
per policy.
15. Billing units shall be minimum as follows:
Any facility or part there of shall be considered for billing unit if the contractor has
completed the works as below;

1. New 33 kV line or replacement of existing conductor with higher size of conductor


as the case may be for individual work.
2. Completion of new 33/11 kV substation in all respect or installation of additional
PTR in existing 33/11 kV substation in all respect or augumentation of capacity of
existing PTR in existing 33/11 kV substation in all respect or renovation of 33/11
kV substation in all respect including installation of new 11 kV bay, 11 kV
capacitor bank or feeder metering as the case may be for individual work.
3. New 11 kV line or replacement of existing conductor with higher size of conductor
or installation of fault passage indicator (FPI) as the case may be for individual
feeder and this shall also cover complete work of 11 kV feeder.
4. Completion of total work for a particular village/11 KV feeder in case of IPDS
towns including installation of DTR or capacity augumentation of DTR or
renovation of existing DTR or DTR metering or new LT line or conversion of bare
conductor of existing line with AB cable and installation of new connections or
replacement of stop defective meters or unmetered to metered connection or
shifting of meter in call bell location.
16. While releasing 2nd installment of 30% supply payment following adjustment shall be made:

a. Balance initial mobilization advance shall be adjusted. Also, up-to-date accrued interest
shall also be recovered.

b. In case of delay of project, the entire mobilization advance shall get recovered at this
stage.

2.3. Third and Final Installment (10%):

a. The balance ten percent (10%) of payment against Supply contracts excluding Excise Duty, Taxes
etc shall be reimbursable on successful supply, erection, testing and commissioning of the works in
the project and issuance of Taking over Certificate by the Employer.

b. ‘Commissioning’ for the purpose of payments shall mean satisfactory completion of all supplies,
erection, commissioning checks and successful completion of all site tests and continuous
energisation of the equipment/ materials at rated voltage as per the Contract and to the
satisfaction/approval of the Employer.

c. On submission of the certificate by the Project Manager that the item(s) have been received,
erected, tested and commissioned.

d. On certification by Project Manager for validity of an unconditional & irrevocable Bank Guarantee
for ten percent (10%) of the total Contract price towards Contract Performance Guarantee (CPG)
in accordance with the provisions of Clause 34.1, Section ITB and as per proforma attached with
Section-VI of Vol.-I (Conditions of Contract). The said bank guarantee shall be initially valid upto
ninety (90) days after expiry of the Warranty Period and shall be extended from time to time till

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ninety (90) days beyond successful completion of warranty period, as may be required under the
Contract.

e. In case, for any reason not attributable to the contractor, the commissioning and charging of
equipment/materials is delayed beyond 120 days of successful completion of final checking and
testing of works, the balance 10% payment shall be released against an unconditional &
irrevocable bank guarantee of equivalent amount initially valid till 6 months from the readiness of
works for commissioning and charging at rated voltage, to be extended till 90 days beyond actual
commissioning & taking over.

3. Progressive payments (Erection):

3.1. First Installment (90%) : Ninety percent (90%) payments against Erection contracts shall be paid
on erection, testing and commissioning of works and on submission of documents as indicated herein
under:

a. Unconditional acceptance of the Letter of Award and signing of contract agreement by the
Contractor.

b. Detailed Project Execution Plan/PERT chart and its approval by the Employer.

c. An unconditional & irrevocable Bank Guarantee for ten percent (10%) of the total Erection Contract
price towards Contract Performance Guarantee (CPG) in accordance with the provisions of Clause
34.1, Section ITB and as per proforma attached with Section-VI of Vol.-I (Conditions of Contract).
The said bank guarantee shall be initially valid upto ninety (90) days after expiry of the Warranty
Period and shall be extended from time to time till ninety (90) days beyond successful completion
of warranty period, as may be required under the Contract.

d. Certified copy of Insurance policy/Insurance Certificate.

e. Material reconciliation statement consisting of the materials utilized for erection, testing &
commissioning vis-à-vis erection activity of the lot of villages.

f. Submission of certificate on measurement book by Project Manager that materials under


consideration have been erected, tested and commissioned as per technical specification, scope of
work & approved drawings.

g. Test check certification on Measurement Book be recorded by officers in hierarchy with the claim
as per policy.

h. Any facility or part there of shall be considered for billing unit if the contractor has
completed the works as below;
1. New 33 kV line or replacement of existing conductor with higher size of conductor
as the case may be for individual work.
2. Completion of new 33/11 kV substation in all respect or installation of additional
PTR in existing 33/11 kV substation in all respect or augumentation of capacity of
existing PTR in existing 33/11 kV substation in all respect or renovation of 33/11
kV substation in all respect including installation of new 11 kV bay, 11 kV capacitor
bank or feeder metering as the case may be for individual work.

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3. New 11 kV line or replacement of existing conductor with higher size of conductor


or installation of fault passage indicator (FPI) as the case may be for individual
feeder and this shall also cover complete work of 11 kV feeder.
4. Completion of total work for a particular village /11 KV feeder in case of IPDS
towns including installation of DTR or capacity augumentation of DTR or
renovation of existing DTR or DTR metering or new LT line or conversion of bare
conductor of existing line with AB cable and installation of new connections or
replacement of stop defective meters or unmetered to metered connection or
shifting of meter in call bell location.

While releasing 1st installment of 90% erection payment following adjustment shall be made:

b. 100% Mobilization Advance against Erection shall be fully adjusted while making
payments of first installment. Also, up-to-date accrued interest shall also be recovered.

c. In case of delay of project, the entire mobilization advance shall get recovered from the
contractor as per supply and erection contracts’ works completion schedule respectively.

3.2. Second and Final Installment (10%):

a. The balance ten percent (10%) of payment against Erection contracts shall be released on
successful commissioning of the works in the project and issuance of Taking over Certificate of the
project.

b. ‘Commissioning’ for the purpose of payments shall mean satisfactory completion of all supplies,
erection, commissioning checks and successful completion of all site tests and continuous
energisation of the equipment/ materials at rated voltage as per the Contract and to the
satisfaction/approval of the Employer.

c. On submission of the certificate by the Project Manager that the equipment/materials have been
erected, tested and commissioned.

d. On certification by Project Manager for validity of an unconditional & irrevocable Bank Guarantee
for ten percent (10%) of the total Contract price towards Contract Performance Guarantee (CPG)
in accordance with the provisions of Clause 34.1, Section ITB and as per proforma attached with
Section-VI of Vol.-I (Conditions of Contract). The said bank guarantee shall be initially valid upto
ninety (90) days after expiry of the Warranty Period and shall be extended from time to time till
ninety (90) days beyond successful completion of warranty period, as may be required under the
Contract.

e. On certification of Project Manager for reconciliation of materials and payments.

f. On certification of Project Manager that assets under the project are created and are taken over by
Employer.

g. However, in case, for any reason solely attributable to the Owner/Employer, the commissioning of
equipment/materials is delayed beyond 120 days of successful completion of final checking and
testing of line for the purpose of commissioning as defined in bid documents, the balance 10%
payment shall be released against an unconditional & irrevocable bank guarantee of equivalent
amount initially valid till 6 months from the readiness of transmission lines/ distribution

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transformer/ service connections for commissioning and charging at rated voltage, to be extended
till 90 days beyond actual commissioning & taking over.

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Appendix-2 : PRICE ADJUSTMENT

The prices for execution of the entire works covered under the scope of this work shall be quoted by
the Bidder in the manner specified, in the BPS. The Ex-works price component, less advance will be
subject to price adjustment, only for equipment/materials/items of work specifically stated under
clause 1.0 below, (for which the bidder shall quote a base price), based on separate formulae as per
price adjustment provisions given herein.

Prices for Ex-works price component for all other equipment/items except specified at Clause 1.0
below, Charges for Erection, Inland Freight & Insurance etc shall be FIRM and no price adjustment
shall be applicable for these components for the entire duration of the Contract.

No price adjustment shall be applicable on the portion of the Contract Price payable to the Contractor
as advance payment.

1.0 Materials and Labour portion:

1.0.1 For ACSR Conductor


The price adjustment on the Ex-works price component, less advance, of Conductor

shall be as follows:

dECc = ECc [0.80 x {(A1 – A0)/ A0 } + 0.05 x {(L1 –L0)/ L0 }]

Where,

dECc = Price adjustment amount payable on Ex-works price of Conductor, shipment-wise (if it works out
negative, that would mean the amount to be recovered by the employer from the contractor).

ECc = Ex-works price for Conductor, shipment wise, less advance (Quoted Price)

A = Published price indices for EC grade aluminum ingots as published by IEEMA

L = All India consumer price index for industrial workers as published by Labour Bureau, Shimla
(Govt. of India)

Fixed portion of the ex-works price component shall be 0.15. This shall not be subject to any adjustment.

In the above price adjustment formulae:


Subscript ‘0’ refers to indices as on 30 days prior to date of bid opening (referred to as base date indices),

Subscript ‘1’ refers to indices as on 60 days prior to date of shipment.

1.0.2 For Station/ Power Transformer (Copper Wound)

The price adjustment on the Ex-works price component, less advance, of Transformers shall be as follows:

[Link] For power transformer (Copper wound)

dP = P0 x [0.15 + 0.23 x (C1/C0) + 0.26 x (ES1/ES0) + 0.08 x (IS1/IS0) + 0.05 x (IM1/IM0) + 0.11 ×
(TB1/TB0) + 0.12 x (L1/L0)] - P0

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Where,

dP = Price adjustment amount shipmentwise,

P0 = Ex-works price component of Transformer (Quoted Price),

C, ES, IS, IM, TB & L are the price indices for material and labour as below,

C = Price of copper wire bars, in Rupees per MT, as published by

IEEMA,

ES = Price of Electrical steel sheets, C&F price of M4 grade Electrical

Steel Sheets in Rupees per MT, as published by IEEMA,

IS (Iron & Steel) = Wholesale Price Index Number for ‘Iron & Steel’

(Base 2004-05 = 100), as published by IEEMA,

IM (Insulating Materials) = Price of Insulating Materials, as published by

IEEMA,

TB = Price of Transformer Oil Base Stock (TOBS) in Rs./KL, as

published by IEEMA,

L = All India Average Consumer Price Index Number, for Industrial

Workers (base 2001=100) as published / declared by Labour Bureau, Shimla,


GOI and circulated by IEEMA.

In the above price adjustment formulae:

Subscript ‘0’ refers to indices as on 30 days prior to date of bid opening (referred to as base date
indices),

Subscript ‘1’ refers to indices as on 60 days prior to date of shipment.

1.0.3 Station / Distribution Transformer (Aluminium Wound)

The price adjustment on the Ex-works price component, less advance, of Transformers shall be as follows:

[Link] For station/distribution transformer(Aluminium wound) (of rating up to 160 kVA and voltage up to
33 kV)

dP = P0 x [0.13 + 0.27 x (A1/A0) + 0.31 x (ES1/ES0) + 0.09 x (IS1/IS0) + 0.02 x (IM1/IM0) + 0.06 ×
(TB1/TB0) + 0.12 x (L1/L0)] - P0

Where,

dP = Price adjustment amount shipmentwise,

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P0 = Ex-works price component of Transformer (Quoted Price),

C, ES, IS, IM, TB & L are the price indices for material and labour as below,

A = Published price indices for EC grade aluminum ingots as

published by IEEMA

ES = Price of Electrical steel sheets, C&F price of M4 grade Electrical

Steel Sheets in Rupees per MT, as published by IEEMA,

IS (Iron & Steel) = Wholesale Price Index Number for ‘Iron & Steel’

(Base 2004-05 = 100), as published by IEEMA,

IM (Insulating Materials) = Price of Insulating Materials, as published by

IEEMA,

TB = Price of Transformer Oil Base Stock (TOBS) in Rs./KL, as

published by IEEMA,

L = All India Average Consumer Price Index Number, for Industrial

Workers (base 2001=100) as published / declared by Labour Bureau, Shimla,


GOI and circulated by IEEMA.

In the above price adjustment formulae:

Subscript ‘0’ refers to indices as on 30 days prior to date of bid opening (referred to as base date
indices),

Subscript ‘1’ refers to indices as on 60 days prior to date of shipment.

1.0.4 PRICE VARIATION FORMULA FOR CONDUCTOR

[Link] For ACSR Panther Conductor :-


Price Variation for ACSR Panther conductor will be permitted only for variation in the cost of EC
Grade Aluminium wire Rods and HTGS Core Wire, as per details given below. It may be
carefully noted that no price variation will be admitted on any other component/input.

1. Aluminium:
For the purpose of calculating price variation of Aluminium Metal, the ex-works prices (exclusive
of Excise Duty and Sales Tax) of EC Grade Aluminium Wire Rods as declared by M/s CACMAI,
the average price of M/s BALCO, M/s NALCO & M/s HINDALCO will be taken into account,
irrespective of whether Aluminum is procured in the form of ingots/billets and bars and
irrespective of source from where EC Grade Aluminium is procured by the supplier.

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2. HTGS Core Wire:


For the purpose of calculating price variation of HTGS Wire, the ex-works prices (exclusive of
Excise Duty and Sales Tax) of 3.00 mm to 4.090 mm size HTGS Core Wire (ACSR Core Wire)
as declared by M/s CACMAI, will be taken into account, irrespective of source of its procurement.

3. Base Price:
(i) EC Grade Aluminium Wire Rods:- The quoted prices of conductor will be considered based on
the ex-works price of EC Grade Aluminium Wire Rods prevailing as on 12.05.10
[Link].1,29,500.00 per MT, as declared by M/s CACMAI, the average price of M/s BALCO, M/s
NALCO & M/s HINDALCO.

(ii) HTGS Core Wire:- The quoted prices of conductor will be considered based on the ex-works
price of 3.00 mm to 4.090 mm size HTGS Core Wire (ACSR Core Wire) prevailing on 01.06.10
[Link].66,250/- per MT as declared by M/s CACMAI.

4. Final Price:
(i) EC Grade Aluminium Wire Rods:- For the purpose of calculating price variation of Aluminium,
final ex-works prices (exclusive of Excise Duty and Sales Tax) of EC Grade Aluminium Wire Rods
as declared by M/s CACMAI, the average price of M/s BALCO, M/s NALCO & M/s HINDALCO
and as applicable 15 days before the date when conductor is contractually due to be ready for
inspection, shall be applicable.

(ii) HTGS Core Wire:- For the purpose of calculating price variation of HTGS Wire, the ex-works
prices (exclusive of Excise Duty and Sales Tax) of 3.00 mm to 4.090 mm size HTGS Core Wire
(ACSR Core Wire) as declared by M/s CACMAI on the first working day of the calendar moth in
which the conductor is contractually due to be ready for inspection, shall be applicable.

5. Price Variation on Aluminium and HTGS Core Wire shall be admissible on weight of these inputs
in one kilometer of conductor. Accordingly, eeight of Aluminium in 1 Km of Panther ACSR will be
taken as 586 Kgs and weight of HTGS Core Wire will be taken as 390 Kgs. No extra weight will
be permitted on either wastages or losses.

6. For every Rupee increase / decrease per MT in the ex-works price of EC Grade Aluminium Wire
Rods and HTGS Core Wire, the price of finished conductor will vary at the following rates:-

Sr. Item Rates of variation in Rs./Km due to rise/fall of Re.1 / MT on


No. EC Grade HTGS Core Wire
Aluminium
1. ACSR Panther 0.586 0.390

7. General Clauses applicable for price variation formula for ACSR conductor is shown hereunder:-

(i) The price variation will be restricted to the contractual delivery period only.
(ii) In case delay in delivery is occasioned and extension in time corresponding to the delay is
not agreed to by the purchaser, then the PV will be admissible either for the period upto the
contractual delivery date or the actual delivery date, whichever gives less PV i.e. whichever is
advantageous to the Discom-WZ.

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(iii) For the purpose of reckoning the date of the delivery to decide the PV, the date of receipt of
offer along with packing list of conductors for inspection, subject to delivery schedule, will be
taken into account provided the conductor is cleared after pre-despatch inspection is waived.

8. For the claim of price variation, due to increase / decrease in the price of EC Grade Aluminium
Wire Rods / 3.00 mm to 4.09 mm size HTGS Core Wire (ACSR Core Wire), photocopy of relevant
price circulars of M/s CACMAI, towards documentary evidence duly certified and attested by the
supplier will have to be submitted.

[Link] For AAAC Conductor :-


For the purpose of calculating price variation on Aluminum Alloy Metal, the ex-works price
(excluding excise duty and sales tax) of M/s BALCO, as indicated by M/s CACMAI Price
Circular, will be taken into account, irrespective of source from where the same is produced.

1. Base Price of All Aluminum Alloy Metal:- The tenderers are advised to quote their prices of
conductor on ex-works rate of Rs.136150/- per MT, which is the ex-works price of M/s BALCO as
per price circular no.06 dtd.01.06.10 of M/s CACMAI, New Delhi applicable w.e.f 12.05.10.

2. Final Price of All Aluminum Alloy Metal:- The price variation on all Aluminum alloy metal shall
be calculated on the basis of ex-works prices of M/s BALCO (excluding E.D. & S.T.) as indicted
by M/s CACMAI, New Delhi applicable prevailing 15 days prior to the date on which conductor is
notified for inspection (i.e. the date of receipt of offer along with the packing list), subject to
delivery schedule, shall be taken provided material so inspected is cleared for dispatch after pre-
dispatch inspection or the pre-dispatch inspection is waived and material permitted for
dispatches.

3. Price variation on All Aluminum Alloy Metal shall be admissible on weight of these inputs in one
kilometer of conductor as per IS: 398 (Part-IV)/1994. No extra weight will be permitted on either
wastages or losses.

4. For every Rupee increase/decrease per MT in the ex-works price of All Aluminum Alloy Metal, the
price of finished conductor will vary at the following rates:

Actual area of AAA conductor as per Rate of variation in


IS:398(Part-IV)/1994 Rupee per Km
55 sq. mm (Rabbit) 0.1492

5. General clauses applicable for price variation formulae, for AAA conductors are showing
hereunder:-

(i) The price variation will be restricted to the contractual delivery period only.

(ii) If the delay is occasioned due to force majeure conditions, for which extension in time is
agreed to by the purchaser as per terms of the contract, then the price variation may also
be applicable for the extended delivery period. However, permitting claim for price variation
on extended period is the sole discretion of the Purchaser and intimation in his regard shall
be given by the Purchaser separately.

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(iii) If the delay is occasioned not due to force majeure conditions and extension in time
corresponding to the delay is also not agreed to by the Purchaser, then the PV will be
admissible either for the period the contractual delivery date or the actual delivery date,
whichever gives less PV i.e. whichever is advantageous to the Purchaser.

(iv) There will be no ceiling for price variation both upward and downward.

(v) For the purpose of reckoning the date of the delivery to decide the PV, the date of receipt
of offer along with packing list of conductors for inspection, subject to delivery schedule, will
be taken into account provided the conductor is cleared after pre-dispatch inspection or
materials are passed after inspection or if the pre-dispatch inspection is waived.

(vi) The supplier would continue delivery at the contractual delivery rate. The prices of the
conductors shall normally be updated/ revised, depending upon the availability of price
circulars of M/s CACMAI, New Delhi for Al. alloy.

6. It may be, however, be noted that in the absence of such updating of rates, the suppliers will have
to continue making supplies and they can submit supplementary bills towards PV, as and when
the updating of rates is conveyed to them by the Purchaser. The suppliers shall, in no case, be
entitled to stop or withhold the supplies on the ground of not updating the prices or not acceding
to the request of the firms in regard to delivery extension.

1.0.5 AB Cables

The price variation formula will be as under:-

P= Po + AlF (Al - Alo) + CCFAl (CC – CCo) + FeF(Fe-Feo)


For unarmoued cables FeF = 0

Where:-
P= Price payable as adjusted in accordance with the above appropriate formula(Rs/Km)

Po = Price quoted/confirmed per Km

AlF = Variation factor for Aluminum

Alo = Price of EC grade Aluminium rods

CCFAl = Variation factor for PVC compound.

CCo = Price of PVC compound

FeF = Variation factor for steel armour

Feo = Price of Steel armour

TABLE-I

VARIATION FACTOR FOR Aluminum (AlF): As per table ALP of relevant IEEMA circular

VARIATION FACTOR FOR PVC COMPOUND CCFAl: As per table L-2 of relevant IEEMA circular

VARIATION FACTOR FOR STEEL ARMOUR FeF : As per table --- of relevant IEEMA
circular (NA in instant case)

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The above prices for raw materials viz Alo, CCo and Feo are those published by IEEMA prevailing on first
working day of the calendar month, one month prior to the date of tendering.

The applicable prices of raw material would be one month prior to the date of tendering e.g. if tender is
submitted in May 2008, the applicable prices would be those prevailing as on 1.4.2008.

Al= Price of Aluminum rod in Rs./MT published by IEEMA prevailing as on the first working day of the
calendar monthly covering the date one month prior to the date of delivery

CC= Price of PVC compound in Rs./MT Grade CW-22(see note no.1) prices of these raw materials are
published by IEEMA prevailing as on the first working day of the calendar monthly covering the
date one month prior to the date of delivery.

Fe= Price of Steel armouring flat/round wire in Rs./MT. prices of these raw materials are published by
IEEMA prevailing as on the first working day of the calendar monthly covering the date one month
prior to the date of delivery.

e.g. if the date of delivery in terms of clause given below falls in Jul 2007 the applicable raw material prices
would be those as published by IEEMA prevailing as on 1.6.2007.

The date of delivery shall be the date at which the cable is notified as being ready for inspection. In the
absence of such notification of manufacturer, the date of dispatch note shall be considered as the date of
delivery or the contracted delivery date including any extension thereof, whichever shall be earlier.

Note-1: Price of PVC compound is the price (Ex-works) for grade CW-22 as per price circular issued by
IEEMA. This price is exclusive of excise duty (since modvatable) and exclusive of any other State Central
Local Taxes, Octoroi etc.

1.0.6 Steel Structure (H-Beam & RS Joist)

Prices of steel supports i.e. H Beam 152 x 152 mm. 37.1 Kg./meter 13 & 11 meter long shall be variable
on ex-works component. Adjustment in price shall be made in the manner given below:

(a) Prices in respect of freight shall remain firm, and no price variation shall be admissible on this
account. Similarly, no variation will be allowed on other inputs such as furnace oil, electricity etc.
(b) Price variation on account of variation in cost of steel sections per metric ton M.T.) shall be
permitted on the basis of per M.T. cost of MS H-Beam 152 x 152 mm. 37.1 Kg/meter and RS Joist
175x85 mm.19.6 Kg/ meter as published in IEEMA Circulars. The price variation shall be calculated
as per following formula-
P1= P0+ (S1-So) Rs per MT

Where,

P1= updated price of steel supports


P0 =quoted ex-works price of steel supports
So= base price of steel supports I.e. H-beam 152x152 mm. 37.1 Kg /meter and RS Joist 175 x 85
mm19.6 Kg/ meter as published in IEEMA circular
S1 = effective price of H-beam 152x152 mm. 37.1 Kg /meter and RS Joist 175 x 85 mm 19.6 Kg/
meter as published in IEEMA circular

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(c) The prices of H-beam 152x152 mm. 37.1 Kg /meter and RS Joist 175 x 85 mm 19.6 Kg/ meter,
prevailing, one month before of opening of the Bid as published in IEEMA circulars shall be
considered as base price (So) for calculating the price variation.
(d) The prices of steel supports, prevailing as on the date, one month prior to the date of readiness
of material for inspection, as published by IEEMA, shall be considered as effective prices (S1) for
calculating the price variation.
(e) Price variation shall be payable on above basis for supply of all steel support covered in the
contract. Price variation shall be limited to contractual delivery period or actual delivery whichever
is earlier.
(f) Any change in IEEMA, shall be considered.

1.0.7 66/11 KV& 33/11 KV Switchgear (indoor/outdoor) including 66/33/11 KV Circuit Breakers,
RMU, Sectionaliser and Isolators:

The Contract Price shall be subject to price adjustment during performance of the Contract to reflect
changes in the cost of labour and material components in accordance with the provisions described below.

The Ex-Works price of 66/11 KV & 33/11 KV Switchgear (Indoor/Outdoor), Circuit Breakers, RMU,
Sectionliser and Isolators excluding Mandatory Spares and Type Tests Charges (if any) will be subject to
Price adjustment. The price adjustment formula for the components of the Contract Price, as mentioned
above shall be as stipulated hereinafter.

The price component of the equipment for any shipment/ dispatch comprises of a fixed portion (designated
as 'F' and the value of which is specified hereunder) and a variable portion linked with the indices for
various materials and labour (description and co-efficient as enumerated below).

The amount of price adjustment towards variable portion payable/recoverable on each shipment/dispatch
shall be computed as under:

EC = EC1 - EC0

EC1 will be computed as follows:

EC1= EC0 * [F + 0.17 * (IS1/IS0) + 0.18 * (C1/C0) + 0.10 * (AL1/AL0) + 0.13 * (ER1/ER0) + 0.17 * (L1/L0)]

Where

EC =Adjustment to Ex-Works price component payable to contractor for each shipment/dispatch

EC1 = Adjusted amount of Ex-works price component of Contract payable to Contractor for each shipment /
dispatch.

ECo =Ex-works price for the respective equipment of the Contract, shipment/dispatch wise.

F = Fixed portion of the ex-works/FOB component of the Contract Price (F) shall be 0.25.

IS = Wholesale Price Index Number for ‘Iron & Steel’ (Base 2004-05=100), as published by IEEMA

C= Price of copper wire bars, as published by IEEMA

AL = Price of EC grade Aluminium rods, as published by IEEMA

ER = Price of Insulating Materials (epoxy resin), as published by IEEMA

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L = All India average Consumer Price Index Number for Industrial Workers (base 2001=100) as
published/declared by Labour Bureau, Shimla, Government of India and circulated by IEEMA.

For the indices, subscript 'o' refers to indices as on 30 days prior to date set for opening of bids.

Subscript '1' refers to indices as of:

three months/ninety (90) days prior to the date of shipment/dispatch for labour, and

at the expiry of two third (2/3) period from the date of Notification of Award to the date of
shipment/dispatch, for material.

For the purpose of this clause the date of shipment/dispatch shall mean the Schedule date of
shipment/dispatch or actual date of shipment/dispatch, whichever is [Link] schedule date of
shipment/dispatch shall be as identified in line with provisions of Time Schedule in the Contract Agreement.

In case of shipments/dispatches which are delayed beyond the schedule date of shipment/dispatch for
reasons attributable to the Contractor, the price adjustment provision shall not be applicable for the period
of time between the schedule date of shipment/dispatch and the actual date of shipment/ dispatch.

1.0.8 The price adjustment amount towards price components of aforesaid materials i.e. conductor, transformers,
AB cable, Steel structure and 66/11 KV & 33/11 KV Switchgear shall be subject to a ceiling of twenty
percent (20%) of Ex-works price component of the corresponding Contract Price.

1.0.9 For the purpose of price adjustment for Ex-works price component, the date of shipment for goods shall
mean the scheduled date of shipment or actual date of shipment, whichever is earlier. Scheduled date of
shipment will be ex-works date of dispatch, governed by the approved Bar Chart.

1.0.10 No price increase shall be allowed beyond the original delivery dates unless specifically stated in the Time
Extension letter, if any, issued by the Employer. The Employer will, however, be entitled to any decrease in
the Contract price which may be caused due to lower price adjustment amount in case of delivery beyond
the original delivery dates. Therefore, in case of delivery of goods beyond the original delivery dates, the
liability of the Employer shall be limited to the lower of the price adjustment amount which may be worked
out either on scheduled date or actual date of dispatch of goods.

1.0.11 In case of non-publication of applicable indices on a particular date, which happens to be the applicable
date for price adjustment purposes, the published indices prevailing immediately prior to the particular date
shall be applicable.

1.0.12 If the price adjustment amount works out to be positive, the same is payable to the Contractor by the
Employer and if it works out to be negative, the same is to be recovered by the Employer from the
Contractor without any ceiling.

1.0.13 The Contractor shall promptly submit the price adjustment invoices for the supplies made and works
executed at site, positively within three (3) months from the date of shipment/work done whether it is
positive or negative.

1.0.14 Bids shall conform to the price adjustment provisions detailed above. Bids specifying prices for items on
variable basis run the risk of rejection. A bid submitted on a fixed price basis will not be rejected but the
price adjustment will be treated as zero.

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Appendix-3 : INSURANCE REQUIREMENTS

A) Insurances to be taken out by the Contractor

In accordance with the provisions of GCC Clause 30, the Contractor shall at its expense take out and maintain in
effect, or cause to be taken out and maintained in effect, during the performance of the Contract, the insurances set
forth below in the sums and with the deductibles and other conditions specified. The identity of the insurers and the
form of the policies shall be subject to the approval of the Employer, such approval not to be unreasonably withheld.
The inability of the insurers to provide insurance cover in the sums and with the deductibles and other conditions as
set forth below, shall not absolve the Contractor of his risks and liabilities under the provisions of GCC Clause 30.
However, in such a case the Contractor shall be required to furnish to the Employer documentary evidence from the
insurer in support of the insurer’s inability as aforesaid.

(a) Marine Cargo Policy/Transit Insurance Policy:

(I) Transit Insurance Policy for indigenous equipment

Similarly, Transit Insurance Policy shall be taken wherein only inland transit is involved for the
movement of Plant and Equipment supplied from within India. The policy shall cover movement of
Plant and Equipment from the manufacturer’s works and from employers’ store to the project’s
warehouse at final destination site. Inland Transit Clause(ITC) ‘A’ along with war & Strike Riots &
Civil Commotion (SRCC) extension cover shall be taken.

Amount Deduc- Parties insured From To

tible

Limits

120% of Ex-work Price of all the Plant Nil Contractor Mfrs ware- Project’s
and Equipment to be supplied from & Employer ware-
within India plus Excise Duty and Sales house
Tax/ VAT etc., if additionally payable house store at
inclusive of employer’s supply material final
destination

(II) If during the execution of Contract, the Employer requests the Contractor to take any other add-on
cover(s)/ supplementary cover(s) in aforesaid insurance, in such a case, the Contractor shall
promptly take such add-on cover(s)/ supplementary cover(s) and the charges towards such
premium for such add-on cover(s)/ supplementary cover(s) shall be reimbursed to the Contractor
on submission documentary evidence of payment to the Insurance [Link], charges
towards premium for such add-on cover(s)/ supplementary cover(s) are not included in the
Contract Price.

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(III) The Contractor shall take the policy in the joint names of Employer and the Contractor. The policy
shall indicate the Employer as the beneficiary. However, if the Contractor is having an open policy
for its line of business, it should obtain an endorsement of the open cover policy from the
insurance company indicating that the dispatches against this Contract are duly covered under its
open policy and include the name of the Employer as jointly Insured in the endorsements to the
open policy.

(b) Erection All Risk Policy/Contractor All Risk Policy:

(I) The policy should cover all physical loss or damage to the facility at site during storage, erection
and commissioning covering all the perils as provided in the policy as a basic cover and the add on
covers as mentioned at Sl. No. (III) below.

Amount Deductible Parties insured From To


limits

105% of Ex-work Price of all Nil Contractor & Receipt at site of Up to


the Plant and Equipment to Employer first lot of the
be supplied from within Plant and Operational
India plus Excise Duty and Equipment Acceptance
Sales Tax/ VAT etc., if
additionally payable.

and

100% of erection price


component

(II) The Contractor shall take the policy in the joint name of Employer and the Contractor. All these
policies shall indicate Employer as the beneficiary. The policy shall be kept valid till the date of the
Operational Acceptance of the project and the period of the coverage shall be determined with the
approval of the Employer.

If the work is completed earlier than the period of policy considered, the Contractor shall obtain
the refund as per provisions of the policy and pass on the benefit to Employer. In case no refund is
payable by the insurance company then the certificate to that effect shall be submitted to
Employer at the completion of the project.

(III) The following add-on covers shall also be taken by the Contractor:

i) Earthquake

ii) Terrorism

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iii) Escalation cost (approximately @10% of sum insured on annual basis)

iv) Extended Maintenance cover for Defect Liability Period

v) Design Defect

vi) Other add-on covers viz., 50-50 clause, 72 hours clause, loss minimization clause, waiver
of subrogation clause (for projects of more than Rs.100 crores, cover for offsite
storage/fabrication (over Rs.100 crores).

(IV) Third Party Liability cover with cross Liability within Geographical limits of India as on
ADD-on cover to the basic EAR cover:

The third party liability add-on cover shall cover bodily injury or death suffered by third parties
(including the Employer’s personnel) and loss of or damage to property (including the Employer’s
property and any parts of the Facilities which have been accepted by the Employer) occurring in
connection with supply and installation of the Facilities.

Amount Deductible Parties insured From To


limits

 For projects
(V) A upto Rs. 100 crores, Nil Contractor/ Sub- Receipt at Upto Defect
the third
s party liability limit shall be contractor site Liability
10% of the project value for single Period.
occurrence/
p multiple occurrences in
aggregate
e during the entire policy
period.
r

G
 For projects from Rs. 100 crores
C
to Rs. 500 crores, the third party
C
liability limit shall be Rs. 10 crores
for single occurrence/multiple
C
occurrences in aggregate during
l
entire policy period. For projects of
a
more than Rs.500 crores, the
u
third party liability limit shall be Rs.
s
25 crores for single occurrence/
e
multiple occurrences in aggregate
during entire policy period.
3
(V) As per GCC Clause 30.8, the cost of insurance premium is to be reimbursed to the Contractor for
Owner Supplied Materials (OSM) for which the insurer is to be finalized by the Contractor as
detailed therein. Alternatively, the Contractor may take a single policy covering the entire cost of
the project including the cost of OSM. For this purpose, the Contractor shall submit documentary
evidence for the premium paid for the entire project to the Employer and Employer shall reimburse
to the Contractor the proportion of premium equal to value of OSM to total sum insured.

If during the execution of Contract, the Employer requests the Contractor to take any other add-on
cover(s)/ supplementary cover(s) in aforesaid insurance, in such a case, the Contractor shall
promptly take such add-on cover(s)/ supplementary cover(s) and the charges towards such

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premium for such add-on cover(s)/ supplementary cover(s) shall be reimbursed to the Contractor
on submission documentary evidence of payment to the Insurance company. Therefore, charges
towards premium for such add-on cover(s)/ supplementary cover(s) are not included in the
Contract Price.

(c) Automobile Liability Insurance

The Contractor shall ensure that all the vehicles deployed by the Contractor or its Subcontractors (whether
or not owned by them) in connection with the supply and installation of the Facilities in the project are duly
insured as per RTA act. Further the Contractor or its Subcontractors may also take comprehensive
policy(own damage plus third party liability) of each individual vehicles deployed in the project on their own
discretion in their own name to protect their own interest.

(d) Workmen Compensation Policy:

(I) Workmen Compensation Policy shall be taken by the Contractor in accordance with the statutory
requirement applicable in India. The Contractor shall ensure that all the workmen employed by the
Contractor or its Subcontractors for the project are adequately covered under the policy.

(II) The policy may either be project specific covering all men of the Contractor and its Subcontractors.
The policy shall be kept valid till the date of Operational Acceptance of the project.

Alternatively, if the Contractor has an existing ‘Workmen Compensation Policy’ for all its employees
including that of the Subcontractor(s), the Contractor must include the interest of the Employer for
this specific Project in its existing ‘Workmen Compensation Policy’.

(III) Without relieving the Contractor of its obligations and responsibilities under this Contract, before
commencing work the Contractor shall insure against liability for death of or injury to persons
employed by the Contractor including liability by statute and at common law. The insurance cover
shall be maintained until all work including remedial work is completed including the Defect Liability
Period. The insurance shall be extended to indemnify the Principal for the Principal’s statutory
liability to persons employed by the Contractor.

The Contractor shall also ensure that each of its Subcontractors shall effect and maintain insurance
on the same basis as the ‘Workmen Compensation Policy’ effected by the Contractor.

(e) Contractor’s Plant and Machinery (CPM) Insurance

The Employer (including without limitation any consultant, servant, agent or employee of the
Employer) shall not in any circumstances be liable to the Contractor for any loss of or damage to
any of the Contractor’s Equipment or for any losses, liabilities, costs, claims, actions or demands
which the Contractor may incur or which may be made against it as a result of or in connection
with any such loss or damage.

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The Employer shall be named as co-insured under all insurance policies taken out by the Contractor pursuant to GCC
Sub-Clause 30.1, except for the Third Party Liability, Workmen Compensation Policy Insurances, and the Contractor’s
Subcontractors shall be named as co-insureds under all insurance policies taken out by the Contractor pursuant to
GCC Sub-Clause 30.1 except for the Cargo Insurance During Transport and Workmen Compensation

Policy Insurances. All insurer’s rights of subrogation against such co-insureds for losses or claims arising out of the
performance of the Contract shall be waived under such policies.

B) Insurances to be taken out by the Employer

The Employer shall at its expense take out and maintain in effect during the performance of the Contract the
following insurances.

Amount Deductible limits Parties Insured From To

______ NIL _______

-- End –

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Appendix-4 : TIME SCHEDULE

1. The Project Completion Schedule shall be as follows:

Sl. Activities Duration in Months from the effective


No. date of Contract

Taking Over by the Employer upon successful


Completion of:

1. Electrification works of _______ (name of 24 (Twenty Four)


district) district in Madhya Pradesh (Name of
State) under DDUGJY 25% work should get completed within 9
months,
[Specification
No.:MPPKVVCL/DDUGJY/___ ]. 25% balance works should get completed in
next 5 months,

25% balance works should get completed in


next 5 months and

final 25% balance works should get completed


in next 5 months.

However, all Un-electrified villages covered


under the package shall be electrified within 6
months from date of Letter of Intent (LoI).

1.1 The activity(ies) under the Contractor’s programme for Project Completion shall be in the form a PERT chart
and shall identify the various activities like engineering, vendor finalization, placement of orders to sub-
vendors, survey, Resource mobilization, erection, testing & commissioning including submission of closure
proposals. Format of PERT chart is enclosed at Annexure-A. The PERT Chart shall conform to the above
Project Completion Schedule.

This PERT Chart shall be discussed and agreed before Award in line with above, engineering drawing and
data submission schedule shall also be discussed and finalised before Award. Liquidated damages for delay in
successful Completion of the Facilities or specific part thereof (where specific parts are specified in SCC) and
Operational Acceptance at rates specified in Clause 21 of GCC shall be applicable beyond the date specified
above.

1.2 The Employer reserves the right to request minor changes in the work schedule at the time of Award of
Contract to the successful Bidder.

1.3 The successful Bidder shall be required to prepare detailed PERT Chart and finalise the same with the
Employer as per the requirement, which shall from a part of the Contract.

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Appendix-5 : LIST OF APPROVED SUBCONTRACTORS

Prior to award of Contract, the following details shall be completed indicating those sub-contractors proposed
by the Bidder by Attachment to its bid that are approved by the Employer for engagement by the Contractor
during the performance of the contract.

The following Subcontractors are approved for carrying out the item of the facilities indicated. Where more than one
Subcontractor is listed, the Contractor is free to choose between them, but it must notify the Employer of its choice
in good time prior to appointing any selected Subcontractor. In accordance with GCC Sub-Clause 15.1, the
Contractor is free to submit proposals for Subcontractors for additional items from time to time. No Subcontracts
shall be placed with any such Subcontractors for additional items until the Subcontractors have been approved in
writing by the Employer and their names have been added to this list of Approved Subcontractors.

Item of Facilities Approved Subcontractors Nationality

Further, erection portion of the contract shall not be subcontracted without the prior approval of the
Employer. However, such approval shall not be necessary for engaging labour.

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Appendix-6 : SCOPE OF WORKS AND SUPPLY BY THE EMPLOYER

The following personnel, facilities, works and supplies will be provided/supplied by the Employer, and the provisions
of GCC 6, 16, 17 and 20 as well as Employer responsibilities stated in technical specifications shall apply as
appropriate.

All personnel, facilities, works and supplies will be provided by the Employer in good time so as not to delay the
performance of the Contractor in accordance with the approved Time Schedule and Program of Performance
pursuant to GCC Sub-Clause 14.2.

Unless otherwise indicated, all personnel, facilities, works and supplies will be provided free of charge to the
Contractor.

Personnel Charge to Contractor – None

------------------------NIL----------------------------------------

Facilities Charge to Contractor - None except as noted

Electricity and Water Charge to Contractor - as noted

The Contractor shall be entitled to use for the purposes of the facilities 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 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.

Works Charge to Contractor - None

------------------------NIL----------------------------------------

Supplies Charge to Contractor – None

------------------------NIL----------------------------------------

It is the responsibility of the contractor to lift the material from employer’s store. The contractor shall submit the
requirement of material 3 months prior.

------------------------NIL----------------------------------------

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Appendix-7 : LIST OF DOCUMENTS FOR APPROVAL OR REVIEW

Pursuant to GCC Sub-Clause 16.3.1, the Contractor shall prepare, or cause its Subcontractor to prepare, and present
to the Project Manager in accordance with the requirements of GCC Sub-Clause 14.2 (Program of Performance), the
following documents for:

A. Approval

1. Survey:- Village wise/Feeder wise single line diagram. Bill of quantity, Pole schedule and other document as
per requirement of employer.
2. Approval of vendors for supply and execution
3. Drawings:-
a. Substation layout-33/11kV Substation and DTR
b. Different type of structures, cross arms, channel, angels etc.
4. Pert chart

B. Review

1. Material planning and execution planning.


2. Quality management.
3. Fortnightly progress report.
4. Permission and NOC required from other department.

Note:

Bidder shall furnish the exhaustive list, which shall be discussed and finalised for incorporation into the Contract
Agreement.

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Appendix-8 : GUARANTEES, LIQUIDATED DAMAGES FOR NON – PERFORMANCE


(THIS CLAUSE IS DELETED)

1. The equipment offered shall meet the rating and performance requirements stipulated in Technical
Specification for various equipment or indicated in Data requirement.

2. The ratings and performance figures of the below mentioned equipment are guaranteed as per losses given
in respective Indian Standard (up to date) by bidder.

Sl.
Description
No.

A. 12/10/8/6.3/5/3.15/1.6 MVA 33/11kV, 3 ph. Power Transformer

B. 1000/630/500/315/200/100/63/25/16 KVA, 11/0.433kV, 3 phase Station & Distribution


Transformer

C. 16/10KVA, 11/0.250kV, 1 phase Distribution Transformer

3. If the aforementioned guarantees are not established at factory tests, then the Employer shall reject the
equipment.

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6. PERFORMANCE SECURITY FORM


(To be stamped in accordance with Stamp Act, the Non-Judicial Stamp Paper should be in the name of the
issuing Bank)(Cost of stamp shall be 0.25% of bid value or Rs. 25000/- whichever is less)

Bank Guarantee No. …………………… Date...................

Contract No.....................................

…………..[Name of Contract]…………………….

To:[Name and address of Employer]

Dear Ladies and/or Gentlemen,

We refer to the Contract ("the Contract") signed on .............. (insert date of the Contract)…..... between M/s. XXXXX
(Name of Employer), having its Registered Office at XXXXX (Registered Address of employer) (“the Employer”/”
XXXXX (Name of Employer)”) on behalf of XXXX (Name of owner) (hereinafter referred to as ‘XXXX (Short
Name of Owner)’ / ’Owner’), and M/s ................. (Name of Contractor) .................., having its Principal place
of business at ………....(Address of Contractor) ............................... and Registered Office at ……….... (Registered
address of Contractor) ........................................................................................ ("the Contractor") concerning
…….................….. (Indicate brief scope of work) ............................... for the complete execution of the …… (insert
name of Package alongwith name of the Project)…….. [Applicable for Bank Guarantees issued by
Contractor/Associate for those Contracts awarded to them]

Or

We refer to the Contract signed on ..............(insert date of the Contract)…..... between M/s. XXXXX (Name of
Employer), having its Registered Office at XXXXX (Registered Address of employer) (“the Employer”/” XXXXX (Name
of Employer)”) on behalf of XXXX (Name of owner) (hereinafter referred to as ‘XXXX (Short Name of
Owner)’ / ’Owner’), and M/s ................. (Name of Contractor) .................., having its Principal place of business
at ………....(Address of Contractor) ............................... and Registered Office at ………....(Registered address of
Contractor) ........................................................................................ ("the Contractor") and the Contract ("the
Contract") signed on ..............(insert date of the Contract)…..... between XXXXX (Name of Employer)on behalf of
Owner and M/s ................. (Name of Associate) .................., having its Principal place of business at
………....(Address of Associate) ............................... and Registered Office at ………....(Registered address of
Associate) ........................................................................................, the Associate of the Contractor for executing
the Facilities concerning …….................….. (Indicate brief scope of work) ............................... for the complete
execution of the …… (insert name of Package alongwith name of the Project)…… .. [Applicable for Bank Guarantees
to be issued by Contractor against those Contracts awarded to their Associate]

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By this letter we, the undersigned, ………(insert name & address of the issuing bank) ………, a Bank (which
expression shall include its successors, administrators, executors and assigns) organized under the laws of
.................................... and having its Registered/Head Office at …..…….(insert address of registered office of the
bank)……..... do hereby irrevocably guarantee payment to the Employer up to ………………………….. i.e., Ten percent
(10%) of the Contract Price until ninety (90) days beyond the Defect Liability Period i.e., upto and inclusive of
……………. (dd/mm/yy).

We undertake to make payment under this Letter of Guarantee upon receipt by us of your first written demand
signed by the Employer duly authorized officer or the authorized officer of Owner declaring the Contractor to be in
default under the Contract and without cavil or argument any sum or sums within the above named limits, without
your need to prove or show grounds or reasons for your demand and without the right of the Contractor to dispute
or question such demand.

Our liability under this Letter of Guarantee shall be to pay to the Employer whichever is the lesser of the sum so
requested or the amount then guaranteed hereunder in respect of any demand duly made hereunder prior to expiry
of the Letter of Guarantee, without being entitled to inquire whether or not this payment is lawfully demanded.

This letter of Guarantee shall remain in full force and shall be valid from the date of issue until ninety (90) days
beyond the Defect Liability Period of the Facilities i.e. upto and inclusive of ……………. (dd/mm/yy) and shall be
extended from time to time for such period (not exceeding one year), as may be desired by M/s. ……………………… on
whose behalf this Letter of Guarantee has been given.

Except for the documents herein specified, no other documents or other action shall be required, notwithstanding
any applicable law or regulation.

Our liability under this Letter of Guarantee shall become null and void immediately upon its expiry, whether it is
returned or not, and no claim may be made hereunder after such expiry or after the aggregate of the sums paid by
us to the Employer shall equal the sums guaranteed hereunder, whichever is the earlier.

All notices to be given under shall be given by registered (airmail) posts to the addressee at the address herein set
out or as otherwise advised by and between the parties hereto.

We hereby agree that any part of the Contract may be amended, renewed, extended, modified, compromised,
released or discharged by mutual agreement between you and the Contractor, and this security may be exchanged
or surrendered without in any way impairing or affecting our liabilities hereunder without notices to us and without
the necessity for any additional endorsement, consent or guarantee by us, provided, however, that the sum
guaranteed shall not be increased or decreased.

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No action, event or condition which by any applicable law should operate to discharge us from liability hereunder
shall have any effect and we hereby waive any right we may have to apply such law so that in all respects our
liability hereunder shall be irrevocable and, except as stated herein, unconditional in all respects.

For and on behalf of the Bank

[Signature of the authorised signatory(ies)]

Signature_______________________

Name_______________________

Designation_______________________

POA Number_______________________

Contact Number(s): Tel.______________Mobile______________

Fax Number_______________________

email ____________________________

Common Seal of the Bank______________________

Witness:

Signature_______________________

Name_______________________

Address______________________________

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Contact Number(s): Tel.______________Mobile______________

email ____________________________

Note :

1. For the purpose of executing the Bank Guarantee, the non-judicial stamp papers of appropriate value (the
amount of stamped paper shall be 0.25% of Bid value or Rs 25,000/- whichever os less) shall be purchased
in the name of Bank who issues the ‘Bank Guarantee’.

2. The Bank Guarantee shall be signed on all the pages by the Bank Authorities indicating their POA nos. and
should invariably be witnessed.

3. The Bank Guarantee should be in accordance with the proforma as provided. However, in case the issuing
bank insists for additional paragraph for limitation of liability, the following may be added at the end of the
proforma of the Bank Guarantee [i.e., end paragraph of the Bank Guarantee preceding the signature(s) of
the issuing authority(ies) of the Bank Guarantee]:

Quote

“Notwithstanding anything contained herein:

1. Our liability under this Bank Guarantee shall not exceed _________ ( value in
figures)____________ [_____________________ (value in words)____________].

2. This Bank Guarantee shall be valid upto ________(validity date)__________.

3. We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only &
only if we receive a written claim or demand on or before ________ (validity date) __________.”

Unquote

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7. BANK GUARANTEE FORM FOR ADVANCE PAYMENT


(To be stamped in accordance with Stamp Act, the Non-Judicial Stamp Paper should be in the name of the
issuing Bank)(Cost of stamp shall be 0.25% of bid value or Rs. 25000/- whichever is less)

Bank Guarantee No. …………………… Date...................

Contract No.....................................

…………..[Name of Contract]…………………….

To: [Name and address of the Employer]

Dear Ladies and/or Gentlemen,

We refer to the Contract ("the Contract") signed on .............. (insert date of the Contract)…..... between you and M/s
................. (Name of Contractor) .................., having its Principal place of business at ……….... (Address of
Contractor) ............................... and Registered Office at ……….... (Registered address of Contractor)
........................................................................................ ("the Contractor") concerning …….................…..
(Indicate brief scope of work) ............................... for the complete execution of the …… (insert name of Package
alongwith name of the Project)……..

Whereas, in accordance with the terms of the said Contract, the Employer has agreed to pay or cause to be paid to
the Contractor an Advance Payment in the amount of ………….(Amount in figures and words)……………

By this letter we, the undersigned, ………(insert name & address of the issuing bank) ………, a Bank (which
expression shall include its successors, administrators, executors and assigns) organized under the laws of
.................................... and having its Registered/Head Office at …..…….(insert address of registered office of the
bank)……..... do hereby irrevocably guarantee repayment of the said amounts upon the first demand of the Employer
without cavil or argument in the event that the Contractor fails to commence or fulfill its obligations under the terms
of the said Contract, and in the event of such failure, refuses to repay all or part (as the case may be) of the said
advance payment to the Employer.

Provided always that the Bank's obligation shall be limited to an amount equal to the outstanding balance of the
advance payment, taking into account such amounts, which have been repaid by the Contractor from time to time in
accordance with the terms of payment of the said Contract as evidenced by appropriate payment certificates.

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This Guarantee shall remain in full force from the date upon which the said advance payment is received by the
Contractor upto ninety (90) days beyond the date on which the entire advance so advanced alongwith the interest if
any due thereon has been fully adjusted in terms of the Contract i.e., upto of ninety (90) days beyond the date of
Completion of the Facilities under the Contract. This Guarantee may be extended from time to time, as may be
desired by M/s. ……………………….. on whose behalf this Guarantee has been issued.

Any claims to be made under this Guarantee must be received by the Bank during its period of validity, i.e. upto
ninety (90) days beyond the date of Completion of the Facilities by the Employer i.e. upto and inclusive of …………….
(dd/mm/yy).

For and on behalf of the Bank

[Signature of the authorised signatory(ies)]

Signature_______________________

Name_______________________

Designation_______________________

POA Number_______________________

Contact Number(s): Tel.______________Mobile______________

Fax Number_______________________

email ____________________________

Common Seal of the Bank______________________

Witness:

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Signature_______________________

Name_______________________

Address______________________________

Contact Number(s): Tel.______________Mobile______________

email ____________________________

Note:

1. For the purpose of executing the Bank Guarantee, the non-judicial stamp papers of appropriate value (the
amount of stamped paper shall be 0.25% of Bid value or Rs 25,000/- whichever os less) shall be purchased
in the name of Bank who issues the ‘Bank Guarantee’.

2. The Bank Guarantee shall be signed on all the pages by the Bank Authorities indicating their POA nos. and
should invariably be witnessed.

3. The Bank Guarantee should be in accordance with the proforma as provided. However, in case the issuing
bank insists for additional paragraph for limitation of liability, the following may be added at the end of the
proforma of the Bank Guarantee [i.e., end paragraph of the Bank Guarantee preceding the signature(s) of
the issuing authority(ies) of the Bank Guarantee]:

Quote

“Notwithstanding anything contained herein:

1. Our liability under this Bank Guarantee shall not exceed _________ (value in
figures)____________ [_____________________ (value in words)____________].

2. This Bank Guarantee shall be valid upto ________(validity date)__________.

3. We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only &
only if we receive a written claim or demand on or before ________ (validity date) __________.”

Unquote

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8. FORM OF TAKING OVER CERTIFICATE

Date.................

Name of Contract.........................................

Contract No....................................

To :

(Name and address of the Contractor)

Dear Ladies and/or Gentlemen,

Pursuant to GCC 20 (Completion of the Facilities) of the General Conditions of the Contract entered into between
yourselves and the Employer dated ………………… relating to the .............................. (insert brief description of the
Facilities).....................................………………….. we hereby notify you that the following part(s) of the Facilities was
(were) complete on the date specified below, and that, in accordance with the terms of the Contract, the Employer
hereby takes over the said part(s) of the Facilities, together with the responsibility for care and custody and the risk
of loss thereof on the date mentioned below :

1. Description of the Facilities or part thereof ............................................................

2. Date of Completion :........................................................

However, you are required to complete the outstanding items listed in the attachment hereto as soon as practicable.

This letter does not relieve you of your obligation to complete the execution of the Facilities in accordance with the
Contract nor of your obligations during the Defects Liability Period.

Very truly yours,

Title

(Project Manager)

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


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9. FORM OF INDEMNITY BONDTO BE EXECUTED BY THE CONTRACTOR FOR THE EQUIPMENT


HANDED OVER IN ONE LOT BY .....(abbreviated name of the Employer)...... FOR PERFORMANCE
OF ITS CONTRACT

INDEMNITY BOND

THIS INDEMNITY BOND is made this.............. day of ......... 20..... by ................................. a Company
registered under the Companies Act, 1956/2013 (with amendment from time to time)/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 .......... (insert name of the Employer)......., a
Company incorporated under the Companies Act, 1956/2013 (with amendment from time to time) having its
Registered Office at .........(insert registered address of the Employer) and its project at .....................
(hereinafter called "......(abbreviated name of the Employer)........" which expression shall include its successors
and assigns):

WHEREAS ......(abbreviated name of the Employer)........ has awarded to the Contractor a Contract for………...
..........vide its Notification of Award/Contract No..………......... dated........... and its Amendment No. ………...........
(applicable when amendments have been issued) (hereinafter called the "Contract") in terms of which
......(abbreviated name of the Employer)........ 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 ......(abbreviated name of the Employer)........ for the Equipment handed over to it by
......(abbreviated name of the Employer)........ for the purpose of performance of the Contract/Erection portion of the
contract (hereinafter called the "Equipment").

AND THEREFORE, This Indemnity Bond witnesseth as follows:

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


words................…………....................) handed over to the Contractor for the purpose of performance of
the Contract, the Contractor hereby undertakes to indemnify and shall keep ...... (abbreviated name of
the Employer)........ indemnified, for the full value of the Equipment. The Contractor hereby acknowledges
receipt of the Equipment as per despatch title 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 ......(abbreviated name of the Employer)........ 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 a Trustee for and on behalf of ...... (abbreviated name of the
Employer).........

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2. That the Contractor is obliged and shall remain absolutely responsible for the safe transit/protection and
custody of the Equipment at ......(abbreviated name of the Employer)........ 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 ......(abbreviated name of the Employer)......... The Contractor undertakes to keep ......(abbreviated
name of the Employer)........ 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
utilised for any other work of purpose whatsoever. it is clearly understood by the Contractor that non-
observance of the obligations under this Indemnity Bond by the Contractor shall inter-alia constitute a
criminal breach of trust on the part of the Contractor for all intents and purpose including legal/penal
consequences.

4. That ......(abbreviated name of the Employer)........ is and shall remain the exclusive Employer 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 the Employee or Employer's Representative in this regard.
Further, ......(abbreviated name of the Employer)........ shall always be free at all times to take possession of
the Equipment in whatever form the equipment may be, if in its opinion, the Equipment are likely to be
endangered, misutilised or converted to uses other than those specified in the Contract, by any acts of
omission or commission on the part of the Contractor or any other person or on account of any reason
whatsoever and the Contractor binds himself and undertakes to comply with the directions of demand of
......(abbreviated name of the Employer)........ 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 misutilised in any manner whatsoever, then the Contractor hereby agrees that
the decision of the Employer's Representative as to assessment of loss or damage to the Equipment
shall be final and binding on the Contractor. The Contractor binds itself and undertakes to replace the
lost and/or damaged Equipment at his own cost and/or shall pay the amount of loss to
......(abbreviated name of the Employer)........ without any demur, reservation or protest. This is without
prejudice to any other right or remedy that may be available to ...... (abbreviated name of the
Employer)........ 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 ...... (abbreviated name of the Employer)........, THEN, the
above Bond shall be void, but otherwise, it shall remain in full force and virtue.

IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its authorized representative under the
common seal of the Company, the day, month and year first above mentioned.

SCHEDULE

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Particulars of the Quantity Particulars of Despatch title Value of the Signature of the
Equipment handed Documents Equipment Attorney in token of
over receipt
RR/GR No.

date of lading Carrier

For and on behalf of

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

WITNESS

1. Signature........................ Signature........................

Name............................... Name...............................

Address........................... Address...........................

2. Signature........................ Authorised representative

Name............................... (Common Seal)

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 issued 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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10. FORM OF INDEMNITY BOND TO BE EXECUTED BY THE CONTRACTOR FOR THE EQUIPMENT
HANDED OVER IN INSTALLMENTS BY ......(abbreviated name of the Employer)........ FOR
PERFORMANCE OF ITS CONTRACT

INDEMNITY BOND

THIS INDEMNITY BOND is made this ……….………...... day of ….……..... 20...... by ………….………………… a Company
registered under the Companies Act, 1956/2013 (with amendment from time to time)/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 ......(insert name of the Employer)........, a
company incorporated under the Companies Act, 1956/2013 (with amendment from time to time) having its
Registered Office at ......(insert registered address of the Employer)........ and its project at .……………….…......
(hereinafter called "......(abbreviated name of the Employer)........" which expression shall include its successors
and assigns):

WHEREAS ......(abbreviated name of the Employer)........ has awarded to the Contractor a Contract for
.................vide its Notification of Award/Contract No. ……..……….... dated ....…………..and Amendment No.
..................... (applicable when amendments have been issued) (hereinafter called the "Contract") in terms of which
......(abbreviated name of the Employer)........ is required to handover 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 ......(abbreviated name of the Employer)........ for the Equipment handed over to it by
......(abbreviated name of the Employer)........ 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 Equipments as mentioned in the Contract, valued at (amount in words
____________________) to be 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
......(abbreviated name of the Employer)........ indemnified, for the full value of Equipment. The Contractor
hereby acknowledges receipt of the initial installment of the equipment per details in the schedule appended
hereto. Further, the Contractor agrees to acknowledge receipt of the subsequent installments of the
Equipment as required by ......(abbreviated name of the Employer)........ 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 the despatch title documents in
respect of the said Equipments duly endorsed by ......(abbreviated name of the Employer)........ in favour of
the Contractor shall be construed as handing over the Equipment purported to be covered by such title
documents and the Contractor shall hold such Equipments in trust as a Trustee for and on behalf of
......(abbreviated name of the Employer).........

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2. That the Contractor is obliged and shall remain absolutely responsible for the safe transit/protection and
custody of the Equipment at ......(abbreviated name of the Employer)........ 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 ......(abbreviated name of the Employer)......... The Contractor undertakes to keep ......(abbreviated
name of the Employer)........ 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
utilised for any other work 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 the Contractor for all intents and purpose including legal/penal
consequences.

4. That ......(abbreviated name of the Employer)........ is and shall remain the exclusive Employer 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 the Employer or Employer's Representative in this regard.
Further, ......(abbreviated name of the Employer)........ shall always be free at all times to take possession of
the Equipment in whatever form the Equipment may be, if in its opinion, the Equipment are likely to be
endangered, misutilised or converted to uses other than those specified in the Contract, by any acts of
omission or commission on the part of the Contractor or any other person or on account of any reason
whatsoever and the Contractor binds himself and undertakes to comply with the directions of demand of
......(abbreviated name of the Employer)........ 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 misutilised in any manner whatsoever, then the Contractor hereby agrees that
the decision of the Employer’s Representative as to assessment of loss or damage to the Equipment shall be
final and binding on the Contractor. The Contractor binds itself and undertakes to replace the lost and/or
damaged Equipment at its own cost and/or shall pay the amount of loss to ...... (abbreviated name of the
Employer)........ without any demur, reservation or protest. This is without prejudice to any other right or
remedy that may be available to ......(abbreviated name of the Employer)........ 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 ......(abbreviated name of the Employer)........, THEN, the
above Bond shall be void, but otherwise, it shall remain in full force and virtue.

IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its authorised representative under the
common seal of the Company, the day, month and year first above mentioned.

SCHEDULE No. 1

Particulars of the Quantity Particulars of Despatch title Value of the Signature of the
Equipment handed Documents Equipment Attorney in
over token of receipt
RR/GR No.

date of lading Carrier

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For and on behalf of

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

WITNESS

1. Signature........................ Signature........................

Name............................... Name...............................

Address........................... Address...........................

2. Signature........................ Authorised representative

Name............................... (Common Seal)

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 issued 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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11. FORM OF AUTHORISATION LETTER

Ref. No:

Date :

To

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

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

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

REF.: Contract No. …………………….. dated ................... for ........……......................... awarded by ....(insert name
of the Employer).........

Dear Sir,

Kindly refer to Contract No. ………………………………. dated …….................. for ........................... You are hereby
authorised on behalf of ...................... (Name of Employer).................... a company incorporated under the laws of
Companies Act 1956/2013 (with amendment from time to time) and having its Registered Office at ………(registered
address of the Employer) ………………… and its Project at ................ to take physical delivery of
materials/equipments covered under Despatch Document/Consignment Note No. ……….*........... dated
.................and as detailed in the enclosed schedule for the sole purpose of successful performance of the aforesaid
contract and for no other purpose, whatsoever.

(Signature of Project Authority)**

Designation…........................

Date.........……..

Encl: As Above.

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


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** To be signed not below the rank of Manager.

* Mention LR/RR No.

Schedule of Material/Equipment covered under Despatch Title Document (RR No./LR No. .................)

Sl. Contract NOA No./ CA Description of Spec. Qty. Value Remarks


No. Name No. Materials/
Equipments No.

(Signature of the Project Authority)

(Designation) ...................................

(Date) ...............................

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12. FORM OF TRUST RECEIPT FOR PLANT, EQUIPMENT AND MATERIALS RECEIVED

We M/s. …………….(insert name of the Contractor) .................. having our Principal place of business at
................................. having been awarded a Contract No. ........................... dated ........................ for ………
(insert Package name alongwith name of the Project)........................................ by ………(insert name of the
Employer) .....................

We do hereby acknowledge the receipt of the Plant, Equipment and Materials as are fully described and mentioned
under Documents of Title/RR/LR etc. and in the schedule annexed hereto, which shall form an integral part of this
receipt as "Trustee" of ................ (insert name of the Employer)……….. The aforesaid materials etc. so received by
us shall be exclusively used in the successful performance of the aforesaid Contract and for no other purpose
whatsoever. We undertake not to create any charge, lien or encumbrance over the aforesaid materials etc, in favour
of any other person/institution(s)/Banks.

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

(Contractor's Name)

Dated : ...........................

(AUTHORISED SIGNATORY)

Place : ...........................

SEAL OF COMPANY

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


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13. FORM OF EXTENSION OF BANK GUARANTEE

Ref. No................................ Dated:.................

To: [Name and address of the Employer]

Dear Sirs,

Sub.: Extension of Bank Guarantee No. …… …………… dated ………… for …………….., issued to you on behalf of M/s.
………(insert name of the Contractor) …………... in respect of Contract No. ……………. dated …………….. for
…….. (insert name of the Package alongwith the Project name) ………. (hereinafter called original Bank
Guarantee).

At the request of M/s.………… (insert name of the Contractor) …............, We ………(insert name & address of the
issuing bank) ………, a Bank organized under the laws of ........................... and having its Registered/Head Office at
…..…….(insert address of registered office of the bank)……......……… do hereby extend our liability under the above-
mentioned Guarantee No. ………………............. Dated ...………... for a further period of .............. Years/Months from
................ to expire on .................. Except as provided above, all other terms and conditions of the original
Bank Guarantee No. ....……………..... dated ........... shall remain unaltered and binding.

Please treat this as an integral part of the original Guarantee to which it would be attached.

For and on behalf of the Bank

[Signature of the authorised signatory(ies)]

Signature_______________________

Name_______________________

Designation_______________________

POA Number_______________________

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


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Contact Number(s): Tel.______________Mobile______________

Fax Number_______________________

email ____________________________

Common Seal of the Bank______________________

Witness:

Signature_______________________

Name_______________________

Address______________________________

Contact Number(s): Tel.______________Mobile______________

email ____________________________

Note:

1. For the purpose of executing the Bank Guarantee, the non-judicial stamp papers of appropriate value shall
be purchased in the name of Bank who issues the ‘Bank Guarantee’.

2. The Bank Guarantee shall be signed on all the pages by the Bank Authorities indicating their POA nos. and
should invariably be witnessed.

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


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14. FORM OF POWER OF ATTORNEY FOR JOINT VENTURE


(To be submitted on stamp paper of denomination of Rs. 500.00)

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
............................................... (hereinafter 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 Partner in-charge 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 "Authorised Representative" or "Partner In-charge")
to exercise all or any of the powers for and on behalf of the Joint Venture in regard to Specification
No............................ Package ............................ the bids for which have been invited by ……… (insert name of the
Employer alongwith address) ………… (hereinafter called the 'Employer') to undertake the following acts :

i) To submit proposal and participate in the aforesaid Bid Specification 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 Bid 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 Partner In-charge (Lead Partner) shall ensure performance of the
Contract(s) and if one or more Partner 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 Defect Liability Period in terms of the Contract.

The Joint Venture hereby agrees and undertakes to ratify and confirm all the whatsoever the said
Attorney/Authorised Representatives/Partner in-charge 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.

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


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IN WITNESS THEREOF the Partners Constituting the Joint Venture as aforesaid have executed these
presents on this ........... day of …………........... under the Common Seal(s) of their Companies.

for and on behalf of the

Partners of Joint Venture

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

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

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

The Common Seal of the above Partners 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 ..................................................….....

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Designation ........................................…....

Occupation ...............…..............................

Note:

1. For the purpose of executing the Agreement, the non-judicial stamp papers of appropriate value shall be
purchased in the name of Joint Venture.

2. The Agreement shall be signed on all the pages by the authorised representatives of each of the partners
and should invariably be witnessed.

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15. FORM OF UNDERTAKING BY THE JOINT VENTURE PARTNERS


(To be submitted on stamp paper of denomination of Rs. 500.00)

THIS JOINT DEED OF UNDERTAKING executed on this………. day of……….. Two Thousand and………....... by
…………………………………………….. a company incorporated under the laws of ………………… and having
its Registered Office at ........................(hereinafter called the "Party No.1" 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 ………..………… (hereinafter called the "Party No.2" 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
……………. (hereinafter called the "Party No.3" which expression shall include its successors, executors and permitted
assigns) for the purpose of making a bid and entering into a contract [hereinafter called the "Contract" {in case of
award)] against the Specification No……..…………. for …… (insert name of the package alongwith project name)
……………of …….. (insert names of the Employer) …………….., a Company incorporated under the Companies Act
of1956/2013 (with amendment from time to time) having its registered office at ……………. (insert registered address
of the Employer)…………… (hereinafter called the "Employer").

WHEREAS the Party No.1, Party No.2 and Party No.3 have entered into an Agreement dated................

AND WHEREAS the Employer invited bids as per the above mentioned Specification for the design, manufacture,
supply, erection, testing and commissioning of Equipment/ Materials stipulated in the Bidding Documents under ……
(insert name of the package alongwith project name) ……………

AND WHEREAS Clause 9.3, Section-ITB and BDS (documents establishing the Qualification of Bidder) & Qualification
Criteria in Annexure-A to BDS forming part of the Bidding Documents, inter-alia stipulates that an Undertaking of two
or more qualified manufacturers as partners, meeting the requirements of Qualification Criteria in Annexure-A to
BDS, as applicable may bid, provided, the Joint Venture fulfills all other requirements under Clause 9.3 (c) of ITB and
Qualification Criteria in Annexure-A to BDS and in such a case, the Bid Forms 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 this Undertaking shall be attached to the bid and the Contract performance
guarantee will be as per the format enclosed with the Bidding Documents without any restrictions or liability for
either party.

AND WHEREAS the bid is being submitted to the Employer vide proposal No…………………..dated ……..... by Party
No.1 based on this Undertaking between all the parties; under these presents and the bid in accordance with the
requirements of Clause 9.3, Section-ITB and BDS (documents establishing the Qualification of Bidder) & Qualification
Criteria in Annexure-A to BDS, has been signed by all the parties.

NOW THIS UNDERTAKING WITNESSETH AS UNDER:

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


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In consideration of the above premises and agreements all the parties of this Deed of Undertaking do hereby declare
and undertake:

1. In requirement of the award of the Contract by the Employer to the Joint Venture Partners, we, the Parties
do hereby undertake that M/s……… the Party No.1, shall act as Lead Partner and further declare and
confirm that we the parties to the Joint Venture shall jointly and severally be bound unto the Employer for
the successful performance of the Contract and shall be fully responsible for the design, manufacture,
supply and successful performance of the equipment in accordance with the Contract:

2. In case of any breach or default of the said Contract by any of the parties to the Joint Venture, the party(s)
dohereby undertake 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 or any
shortfall in the performance of the equipment in meeting the performances guaranteed as per the
specification in terms of the Contract, the Party(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 Party(s), the Employer can proceed against any of the parties who shall be jointly and
severally liable for the performance and all other liabilities/obligations under the Contract to the Employer.

4. The financial liability of the Parties of this Deed of Undertaking to the Employer, with respect to any of the
claims rising out of the performance or non-performance of the obligations set forth in this Deed of
Undertaking, read in conjunction with the relevant conditions of the Contract shall, however not be limited
in any way so as to restrict or limit the liabilities or obligations of any of the Parties of this Deed of
Undertaking.

5. It is expressly understood and agreed between the Parties to this Undertaking that the responsibilities and
obligations of each of the Parties shall be as delineated in Appendix – I (to be suitably appended by the
Parties alongwith this Undertaking in its bid) to this Deed of Undertaking. It is further undertaken by the
parties that the above sharing of responsibilities and obligations shall not in any way be a limitation of joint
and several responsibilities of the Parties under the Contract.

6. It is also understood that this Undertaking is provided for the purposes of undertaking joint and several
liabilities of the partners to the Joint Venture for submission of the bid and performance of the Contract and
that this Undertaking shall not be deemed to give rise to any additional liabilities or obligations, in any
manner or any law, on any of the Parties to this Undertaking or on the Joint Venture, other than the express
provisions of the Contract.

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7. This Undertaking shall be construed and interpreted in accordance with the provisions of the Contract.

8. In case of an award of a Contract, we the parties to this Deed of Undertaking 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 currency/currencies of the Contract.

9. It is further agreed that this Deed of Undertaking shall be irrevocable and shall form an integral part of the
bid and shall continue to be enforceable till the Employer discharges the same or upon the completion of
the Contract in accordance with its provisions, whichever is earlier. It shall be effective from the date first
mentioned above for all purposes and intents.

IN WITNESS WHEREOF, the Parties to this Deed of Undertaking have through their authorised representatives
executed these presents and affixed Common Seals of their companies, on the day, month and year first mentioned
above.

Common Seal of ………………………. For Lead Partner (Party No.-1)

has been affixed in my/ our For and on behalf of M/s

presence pursuant to Board of …………………..

Director’s Resolution dated …………….

Name ………………………..

Designation ………………….

(Signature of the authorized

Signature ……………………. representative)

WITNESS :

I. ………………………………

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II. ………………………………

Common Seal of ………………………. For Party No.-2

has been affixed in my/ our For and on behalf of M/s…………………..

presence pursuant to Board of

Director’s Resolution dated …………….

(Signature of the authorized

Name ……………………….. representative)

Designation ………………….

Signature …………………….

WITNESS :

I. ………………………………

II. ………………………………

Common Seal of ………………………. For Party No.-3

has been affixed in my/ our For and on behalf of M/s.

presence pursuant to Board of …………………..

Director’s Resolution dated …………….

Name ………………………..

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Designation ………………….

(Signature of the authorized

Signature ……………………. representative)

WITNESS :

I. ………………………………

II. ………………………………

Note:

1. For the purpose of executing the Joint Deed of Undertaking, the non-judicial stamp papers of appropriate
value shall be purchased in the name of Joint Venture.

2. The Undertaking shall be signed on all the pages by the authorised representatives of each of the partners
and should invariably be witnessed.

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16. FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY OF CREDIT/FACILITIES

BANK CERTIFICATE

This is to certify that M/s. ___________________ (insert Name & Address of the Contractor) _________ who have
submitted their bid to …………..(insert name of the Employer)……………… against their tender specification Vide ref.
No. ……………………… for ………… (insert name of the package alongwith the project name) …………. is our customer
for the past ………………… years.

Their financial transaction with our Bank have been satisfactory. They enjoy the following fund based and non fund
based limits including for guarantees, L/C and other credit facilities with us against which the extent of utilization as
on date is also indicated below:

Sl. No. Type of Facility Sanctioned Limit as on Date Utilisation as on Date

This letter is issued at the request of M/s. ______________.

Signature ______________________

Name of Bank __________________

Name of Authorised Signatory _________________

Designation _____________________

Phone No. _______________________

Address _________________________

SEAL OF THE BANK

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17. FORM OF OPERATIONAL ACCEPTANCE

Date.................

Name of Contract.........................................

Contract No....................................

To :

(Name and address of the Contractor)

Dear Ladies and/or Gentlemen,

Pursuant to GCC 20 (Completion of the Facilities) of the General Conditions of the Contract entered into between
yourselves and the Employer dated ………………… relating to the .............................. (insert brief description of the
Facilities).....................................………………….. we hereby notify you that the we System tests and Acceptance
tests of the following part(s) of the Facilities were satisfactorily completed on the date specified below :

1. Description of the Facilities or part thereof ............................................................


.……..........................................................................................................

2. Date of Operational Acceptance:........................................................

This letter does not relieve you of your obligation during the Defects Liability Period and Latent Defect warranty.

Very truly yours,

Title

(Project Manager)

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18. FORM OF SAFETY PLAN TO BE SUBMITTED BY THE CONTRACTOR WITHIN SIXTY DAYS OF
AWARD OF CONTRACT

[TO BE EXECUTED ON A NON JUDICIAL STAMP PAPER WORTH [Link] HUNDRED ONLY]

SAFETY PLAN

THIS SAFETY PLAN is made this ……….………...... day of ….……..... 20...... by ………….………………… a Company
registered under the Companies Act, 1956/2013 (with amendment from time to time)/Partnership firm/proprietary
concern having its Registered Office at ………….................[to be modified suitably for JV Contractor] (hereinafter
called as ‘Contractor' which expression shall include its successors and permitted assigns) for approval of ...... (insert
name of the Employer)........, a company incorporated under the Companies Act, 1956/2013 (with amendment
from time to time) having its Registered Office at ......(insert registered address of the Employer) ........ for its
Contract for .……………….…...... ......(insert package name, project name alongwith Specification number of the
Contract).........

WHEREAS ......(abbreviated name of the Employer)........ has awarded to the Contractor the aforesaid Contract vide
its Notification of Award/Contract No. ……..……….... dated ....…………..and Amendment No. .....................
(applicable when amendments have been issued) (hereinafter called the "Contract") in terms of which the Contractor
is required to submit ‘Safety Plan’ alongwith certain documents to the Engineer In-Charge/Project Manager of the
Employer within Sixty (60) days of Notification of Award for its approval.

NOW THEREFORE, the Contractor undertakes to execute the Contract as per the safety plan as follows:

1. THAT the Contractor shall execute the works as per provisions of Bidding Documents including those in regard
to Safety Precautions / provisions as per statutory requirements.

2. THAT the Contractor shall execute the works in a well planned manner from the commencement of Contract
as per agreed mile stones of work completion schedule so that planning and execution of construction works
goes smoothly and consistently through out the contract duration without handling pressure in last quarter of
the financial year/last months of the Contract and the shall be finalized in association with XXXX (Name of
Employer) Engineer In-charge/Project Manager from time to time as required.

3. THAT the Contractor has prepared the safe work procedure for each activity i.e. foundation works including
civil works, erection, stringing (as applicable), testing & commissioning, disposal of materials at site / store
etc. to be executed at site, which is enclosed at Annexure – 1A (SP) for acceptance and approval of
Engineer In-charge/Project Manager. The Contractor shall ensure that on approval of the same from Engineer
In-charge/Project Manager , the approved copies will be circulated to Employer’s personnel at site

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[Supervisor(s)/Executive(s)] and Contractor’s personnel at site [Gang leader, supervisor(s) etc.] in their local
language / language understood by gang.

THAT the Contractor has prepared minimum manpower deployment plan, activity wise as stated above, which
is enclosed at Annexure – 1B (SP) for approval of Engineer In-charge/Project Manager.

4. THAT the Contractor shall ensure while executing works that they will deploy minimum 25% of their own
experienced work force who are on the permanent roll of the company and balance 75% can be a suitable
mixed with the hired gangs / local workers / casual workers if required. The above balance 75% work force
should be provided with at least 10 days training by the construction agencies at sites and shall be issued with
a certificate. No worker shall be engaged without a valid certificate. Hired gang workers shall also follow safe
working procedures and safety norms as is being followed by company’s workmen. It should also be ensured
by the contractor that certified workers fitters who are climbing towers / doing stringing operations can be
easily identifiable with a system like issue of Badge / Identification cards (ID cards) etc. Colour identification
batches should be worn by the workers. Contractor has to ensure that inexperience workers / unskilled
workers should not be deployed for skilled job.

5. THAT the Contractor’s Gang leader / Supervisor / Senior most member available at every construction site
shall brief to each worker daily before start of work about safety requirement and warn about imminent
dangers and precautions to be taken against the imminent dangers (Daily Safety Drill). This is to be ensured
without fail by Contractor and maintain record of each gang about daily safety instructions issued to workers
and put up to XXXX(Name of Employer) site In-charge for his review and record.

6. THAT the Contractor shall ensure that working Gangs at site should not be left at the discretion of their Gang
Leaders who are generally hired and having little knowledge about safety. Gang leader should be experienced
and well versed with the safe working procedures applicable for transmission line/ Sub Station works. In case
gang is having Gang leader not on permanent roll of the company then additional Supervisor from company’s
own roll having thorough knowledge about the works would be deployed so as to percolate safety instructions
upto the grass root level in healthy spirits. Contractor has to ensure close supervision while executing critical
locations of transmission lines / sub stations and ensures that all safety instructions are in place and are being
followed.

7. THAT the Contractor shall maintain in healthy and working condition all kind of Equipments / Machineries /
Lifting tools / Lifting tackles / Lifting gears / All kind of Ropes including wire ropes / Polypropylene ropes etc.
used for Lifting purpose during execution of the project and get them periodically examined and load tested
for safe working load in accordance with relevant provisions and requirement of Building & other construction
workers Regulation of Employment and Conditions of Services Act and Central Rule 1998 or latest, Factories
Act 1948 or latest, Indian Electricity Act 2003 before start of the project. A register of such examinations and
tests shall be properly maintained by the contractor and will be promptly produced as and when desired by
the Engineer In-charge/Project Manager or by the person authorised by him. The Contractor has to ensure to
give special attention on the formation / condition of eye splices of wire rope slings as per requirement of IS
2762 Specification for wire rope slings and sling legs.

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THAT the Contractor has prepared a list of all Lifting machines, lifting Tools / Lifting Tackles / Lifting Gears
etc. / All types of ropes and Slings which are subject to safe working load is enclosed at Annexure – 2 (SP)
for review and approval of Engineer In-charge/Project Manager.

8. THAT the Contractor has to procure sufficient quantity of Personal Protective Equipment (PPE)conforming to
Indian / International standards and provide these equipment to every workman at site as per need and to
the satisfaction of Engineer-in-charge/Project Manager of XXXX (Name of the Employer). The Contractor’s
Site Supervisor/ Project Manager has to ensure that all workmen must use Personal Protective Equipment at
site. The Contractor shall also ensure that Industrial Safety helmets are being used by all workmen at site
irrespective of their working (at height or on ground). The Contractor shall further ensure use of safety shoes
by all ground level workers and canvas shoes for all workers working at height, Rubber Gum Boots for
workers working in rainy season and concreting job, Use of Twin Lanyard Full body Safety Harness with
attachment of light weight such as aluminium alloy etc. and having features of automatic locking arrangement
of snap hook, by all workers working at height for more than three meters and also for horizontal movement
on tower shall be ensured by contractor. The Contractor shall not use ordinary half body safety harness at
site. The Contractor has to ensure use of Retractable type fall arrestors by workers for ascending / descending
on suspension insulator string and other similar works etc., Use of Mobile fall arrestor for ascending /
descending from tower by all workers. The contractor has to provide cotton / leather hand gloves as per
requirement, Electrical Resistance Hand gloves for operating electrical installations / switches, Face shield for
protecting eyes while doing welding works and Dust masks to workers as per requirement. The Contractor
will have to take action against the workers not using Personal Protective Equipment at site and those workers
shall be asked to rest for that day and also their Salary be deducted for that day. XXXX (Name of the
Employer) may issue warning letter to Project Manager of contractor in violation of above norms.

THAT the Contractor shall prepare a detailed list of PPEs, activity wise, to commensurate with manpower
deployed, which is enclosed at Annexure – 3 (SP)for review and approval of Engineer In-charge/Project
Manager. It shall also be ensured that the sample of these equipment shall be got approved from XXXX
(Name of the Employer) supervisory staff before being distributed to workers. The contractor shall submit
relevant test certificates as per IS / International Standard as applicable to PPEs used during execution of
work. All the PPE’s to be distributed to the workers shall be checked by XXXX (Name of the Employer)
supervisory staff before its usage.

The Contractor also agrees for addition / modification to the list of PPE, if any, as advised by Engineer In-
Charge/Project Manager.

9. THAT the Contractor shall procure, if required sufficient quantity of Earthing Equipment / Earthing Devices
complying with requirements of relevant IEC standards (Generally IECs standards for Earthing Equipments /
Earthing Devices are – 855, 1230, 1235 etc.) and to the satisfaction of Engineer In-Charge/ Project Manager
and contractor to ensures to maintained them in healthy condition.

THAT the Contractor has prepared / worked out minimum number of healthy Earthing Equipments with
Earthing lead confirming to relevant IS / European standards per gang wise during stringing activity/as per

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requirement, which is enclosed herewith at Annexure – 4 (SP) for review and acceptance of Engineer In-
Charge/ Project Manager prior to execution of work.

10. THAT the Contractor shall provide communication facilities i.e. Walky – Talkie / Mobile Phone, Display of Flags
/ whistles for easy communication among workers during Tower erection / stringing activity, as per
requirement.

11. THAT the Contractor undertakes to deploy qualified safety personnel responsible for safety as per
requirements of Employer/Statutory Authorities.

THAT the Contractor employing more than 250 workmen whether temporary, casual, probationer, regular or
permanent or on contract, shall employ at least one full time officer exclusively as qualified safety officer
having diploma in safety to supervise safety aspects of the equipment and workmen who will coordinate with
Engineer In-charge /Project Manager/Safety Co-ordinator of the Employer. In case of work being carried out
through sub contractors the sub – contractor’s workmen / employees will also be considered as the
contractor’s employees / workmen for the above purpose. If the number of workers are less than 250 then
one qualified safety officer is to be deployed for each contract. He will report directly to his head of
organization and not the Project Manager of contractor He shall also not be assigned any other work except
assigning the work of safety. The curriculum vitae of such person shall be got cleared from XXXX (Name of
the Employer) Project Manager / Construction staff.

The name and address of such safety officers of contractor will be promptly informed in writing to Engineer
In-charge with a copy to safety officer - In-charge before start of work or immediately after any change of the
incumbent is made during the currency of the contract. The list is enclosed at Annexure – 5A (SP).

THAT the Contractor has also prepared a list including details of Explosive Operator (if required), Safety
officer / Safety supervisor / nominated person for safety for each erection / stringing gang, list of personnel
trained in First Aid Techniques as well as copy of organisation structure of the Contractor in regard to safety.
The list is enclosed at Annexure – 5B (SP).

12. The Project Manager shall have the right at his sole discretion to stop the work, if in his opinion the work is
being carried out in such a way that it may cause accidents and endanger the safety of the persons and/or
property, and/or equipment. In such cases, the Contractor shall be informed in writing about the nature of
hazards and possible injury/accident and he shall comply to remove shortcomings promptly. The Contractor
after stopping the specific work can, if felt necessary, appeal against the order of stoppage of work to the
Project Manager within 3 days of such stoppage of work and decision of the Project Manager in this respect
shall be conclusive and binding on the Contractor.

13. THAT, if, any Employer’s Engineer/ supervisor at site observes that the Contractor is failing to provide safe
working environment at site as per agreed Safety Plan / XXXX (Name of the Employer) Safety Rule/

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Safety Instructions / Statutory safety requirement and creates hazardous conditions at site and there is
possibility of an accident to workmen or workmen of the other contractor or public or the work is being
carried out in an un safe manner or he continues to work even after being instructed to stop the work by
Engineer / Supervisor at site / RHQ / Corp. Centre, the Contractor shall be bound to pay a penalty of Rs.
10,000/ - per incident per day till the instructions are complied and as certified by Engineer / Supervisor of
Employer at site. The work will remain suspended and no activity will take place without compliance and
obtaining clearance / certification of the Site Engineer / Supervisor of the Employer to start the work.

14. THAT, if the investigation committee of Employer observes any accident or the Engineer In-charge/Project
Manager of the Employer based on the report of the Engineer/Supervisor of the Employer at site observes any
failure on the Contractor’s part to comply with safety requirement / safety rules/ safety standards/ safety
instruction as prescribed by the Employer or as prescribed under the applicable law for the safety of the
equipment, plant and personnel and the Contractor does not take adequate steps to prevent hazardous
conditions which may cause injury to its own Contractor’s employees or employee of any other Contractors or
Employer or any other person at site or adjacent thereto, or public involvement because of the Contractor’s
negligence of safety norms, the Contractor shall be liable to pay a compensation of Rs. 4,00,000/- (Rupees
Four Lakh only) per person affected causing death and Rs. 2,00,000/- (Rupees Two Lakh only) per person for
serious injuries / 25% or more permanent disability to the Employer for further disbursement to the deceased
family/ Injured persons. The permanent disability has the same meaning as indicated in Workmen’s
Compensation Act 1923 or latest. The above stipulations is in addition to all other compensation payable to
sufferer as per workmen compensation Act / Rules

THAT as per the Employer’s instructions, the Contractor agrees that this amount shall be deducted from their
running bill(s) immediately after the accident, That the Contractor understands that this amount shall be over
and above the compensation amount liable to be paid as per the Workmen’s Compensation Act /other
statutory requirement/ provisions of the Bidding Documents.

15. THAT the Contractor shall submit Near-Miss-Accident report alongwith action plan for avoidance such
incidence /accidents to Engineer – In-charge/ Project Manager. Contractor shall also submit Monthly Safety
Activities report to Engineer – In-charge/ Project Manager and copy of the Monthly Safety Activities report
also to be sent to Safety In-charge at RHQ of the Employer for his review record and instructions.

16. THAT the Contractor is submitting a copy of Safety Policy/ Safety Documents of its Company which is
enclosed at Annexure – 6 (SP) and ensure that the safety Policy and safety documents are implemented in
healthy spirit.

17. THAT the Contractor shall make available of First Aid Box [Contents of which shall be as per Building & other
construction workers (Regulation of Employment and Conditions of Services Act and Central Rule 1998 or
latest / XXXX (Name of the Employer) Guidelines)] to the satisfaction of Engineer In-Charge/ Project
Manager with each gang at site and not at camp and ensures that trained persons in First Aid Techniques with
each gang before execution of work.

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18. THAT the Contractor shall submit an ‘Emergency Preparedness Plan’ for different incidences i.e. Fall from
height, Electrocution, Sun Stroke, Collapse of pit, Collapse of Tower, Snake bite, Fire in camp / Store, Flood,
Storm, Earthquake, Militancy etc. while carrying out different activities under execution i.e. foundation works
including civil works, erection, stringing (as applicable), testing & commissioning, disposal of materials at site /
store etc. which is enclosed at Annexure – 7 (SP) for approval of the Engineer In-Charge/ Project Manager
before start of work.

19. THAT the Contractor shall organise Safety Training Programs on Safety, Health and Environment and for safe
execution of different activities of works i.e. foundation works including civil works, erection, stringing (as
applicable), testing & commissioning, disposal of materials at site / store etc. for their own employees
including sub contractor workers on regular basis.

The Contractor, therefore, submits copy of the module of training program, enclosed at Annexure – 9 (SP),
to Engineer In-charge/Project Manager for its acceptance and approval and records maintained.

20. THAT the Contractor shall conduct safety audit, as per Safety Audit Check Lists enclosed at Annexure – 8
(SP), by his Safety Officer(s) every month during construction of Transmission Lines / Sub Stations / any
other work and copy of the safety audit report will be forwarded to the Employer’s Engineer In-charge / Site
In-charge/Project Manager for his comments and feedback. During safety audit, healthiness of all Personal
Protective Equipments (PPEs) shall be checked individually by safety officer of contractor and issue a
certificate of its healthiness or rejection of faulty PPEs and contractor has to ensure that all faulty PPEs and all
faulty lifting tools and tackles should be destroyed in the presence of XXXX (Name of the Employer)
construction staff. Contractor has to ensure that each gang be safety audited at least once in two months.
During safety audit by the contractor, Safety officer’s feedback from XXXX (Name of the Employer)
concerned shall be taken and recorded. The Employer’s site officials shall also conduct safety audit at their
own from time to time when construction activities are under progress. Apart from above, the Employer may
also conduct surveillance safety audits. The Employer may take action against the person / persons as
deemed fit under various statutory acts/provisions under the Contract for any violation of safety norms /
safety standards.

21. THAT the Contractor shall develop and display Safety Posters of construction activity at site and also at camp
where workers are generally residing.

22. THAT the Contractor shall ensure to provide potable and safe drinking water for workers at site / at camp.

23. THAT the Contractor shall do health check up of all workers from competent agencies and reports will be
submitted to Engineer In-Charge within fifteen (15) days of health check up of workers as per statutory
requirement.

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24. THAT the Contractor shall submit information alongwith documentary evidences in regard to compliance to
various statutory requirements as applicable which are enclosed at Annexure – 10A (SP).

The Contractor shall also submit details of Insurance Policies taken by the Contractor for insurance coverage
against accident for all employees are enclosed at Annexure – 10B (SP).

25. THAT a check-list in respect of aforesaid enclosures alongwith the Contractor’s remarks, wherever required, is
attached as Annexure – Check List herewith.

THE CONTRACTOR shall incorporate modifications/changes in this ‘Safety Plan’ necessitated on the basis of
review/comments of the Engineer In-Charge/Project Manager within fourteen (14) days of receipt of
review/comments and on final approval of the Engineer In-Charge/Project Manager of this ‘Safety Plan’, the
Contractor shall execute the works under the Contract as per approved ‘Safety Plan’. Further, the Contractor has also
noted that the first progressive payment towards Services Contract shall be made on submission of ‘Safety Plan’
alongwith all requisite documents and approval of the same by the Engineer In-Charge/Project Manager.

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.

For and on behalf of

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

WITNESS

1. Signature........................ Signature........................

Name............................... Name...............................

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Address........................... Address...........................

2. Signature........................ Authorised representative

Name............................... (Common Seal)

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

Note:

All the annexure referred to in this “Safety Plan“ are required to be enclosed by the contractor as per the attached “
Check List “

1. Safety Plan is to be executed by the authorised person and (i) in case of contracting Company under
common seal of the Company or (ii) having the power of attorney issued under common seal of the
company with authority to execute such contract documents etc., (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 this Safety Plan.

2. For all safety monitoring/ documentation, Engineer In-charge / Regional In-charge of safety at RHQ will be
the nodal Officers for communication.

CHECK LIST FOR SEFETY PLAN

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S. No. Details of Enclosure Status of Submission Remarks


of Information/
documents
1. Annexure – 1A (SP)
Yes/No
Safe work procedure for each activity i.e. foundation
works including civil works, erection, stringing (as
applicable), testing & commissioning, disposal of
materials at site / store etc. to be executed at site.

2. Annexure – 1B (SP)
Yes/No
Manpower deployment plan, activity wise foundation
works including civil works, erection, stringing (as
applicable), testing & commissioning, disposal of
materials at site / store etc.
3. Annexure – 2 (SP)
Yes/No
List of Lifting Machines i.e. Crane, Hoist, Triffor, Chain
Pulley Blocks etc. and Lifting Tools and Tackles i.e. D
shackle, Pulleys, come along clamps, wire rope slings etc.
and all types of ropes i.e. Wire ropes, Poly propylene
Rope etc. used for lifting purposes along with test
certificates.
4. Annexure – 3 (SP)
Yes/No
List of Personal Protective Equipment (PPE), activity wise
including the following along with test certificate of each
as applicable:

1. Industrial Safety Helmet to all workmen at site. (EN


397 / IS 2925) with chin strap and back stay
arrangement.
2. Safety shoes without steel toe to all ground level
workers and canvas shoes for workers working on
tower.
3. Rubber Gum Boot to workers working in rainy
season / concreting job.
4. Twin lanyard Full Body Safety harness with shock
absorber and leg strap arrangement for all workers
working at height for more than three meters.
Safety Harness should be with attachments of light
weight such as of aluminium alloy etc. and having
a feature of automatic locking arrangement of snap
hook and comply with EN 361 / IS 3521 standards.
5. Mobile fall arrestors for safety of workers during
their ascending / descending from tower / on
tower. EN 353 -2 (Guided type fall arresters on a
flexible anchorage line.)
6. Retractable type fall arrestor (EN360: 2002) for
ascending / descending on suspension insulator

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string etc.
7. Providing of good quality cotton hand gloves /
leather hand gloves for workers engaged in
handling of tower parts or as per requirement at
site.
8. Electrical Resistance hand gloves to workers for
handling electrical equipment / Electrical
connections. IS : 4770
9. Dust masks to workers handling cement as per
requirement.
10. Face shield for welder and Grinders. IS :
1179 / IS : 2553
11. Other PPEs, if any, as per requirement etc.

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5. Annexure – 4 (SP)
Yes/No
List of Earthing Equipment / Earthing devices with
Earthing lead conforming to IECs for earthing equipments
are – (855, 1230, 1235 etc.) gang wise for stringing
activity/as per requirement
6. Annexure – 5A (SP)
Yes/No
List of Qualified Safety Officer(s) alongwith their contact
details

7. Annexure – 5B (SP)
Yes/No
Details of Explosive Operator (if required), Safety officer /
Safety supervisor for every erection / stinging gang, any
other person nominated for safety, list of personnel
trained in First Aid as well as brief information about
safety set up by the Contractor alongwith copy of
organisation of the Contractor in regard to safety

8. Annexure – 6 (SP)
Copy of Safety Policy/ Safety Document of the Yes/No
Contractor’s company

9. Annexure – 7 (SP)
Yes/No
‘Emergency Preparedness Plan’ for different incidences
i.e. Fall from height, Electrocution, Sun Stroke, Collapse
of pit, Collapse of Tower, Snake bite, Fire in camp /
Store, Flood, Storm, Earthquake, Militancy etc. while
carrying out different activities under execution i.e.
foundation works including civil works, erection, stringing
(as applicable), testing & commissioning, disposal of
materials at site / store etc.

10. Annexure – 8 (SP) Yes/No

Safety Audit Check Lists ( Formats to be enclosed)

11. Annexure – 9 (SP) Yes/No

Copy of the module of Safety Training Programs on


Safety, Health and Environment, safe execution of
different activities of works for Contractor’s own
employees on regular basis and sub contractor
employees.

12. Annexure – 10A (SP)

Information alongwith documentary evidences in regard


to the Contractor’s compliance to various statutory

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Volume-I : Section-VI 99
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requirements including the following:

(i) Electricity Act 2003 Yes/No

_______________________________________
[Name of Documentary evidence in support of
compliance]
(ii) Factories Act 1948 or latest Yes/No

_______________________________________
[Name of Documentary evidence in support of
compliance]
(iii) Building & other construction workers (Regulation of Yes/No
Employment and Conditions of Services Act and Central
Act 1996 or latest) and Welfare Cess Act 1996 or latest
with Rules.
_______________________________________
[Name of Documentary evidence in support of
compliance]

(iv) Workmen Compensation Act 1923 or latest and Rules. Yes/No

_______________________________________
[Name of Documentary evidence in support of
compliance]

(v) Public Insurance Liabilities Act 1991 or latest and Rules. Yes/No

_______________________________________
[Name of Documentary evidence in support of
compliance]

(vi) Indian Explosive Act 1948 or latest and Rules. Yes/No

_______________________________________
[Name of Documentary evidence in support of
compliance]

(vii) Indian Petroleum Act 1934 or latest and Rules. Yes/No

_______________________________________
[Name of Documentary evidence in support of
compliance]

(viii) License under the contract Labour (Regulation & Yes/No


Abolition) Act 1970 or latest and Rules.

_______________________________________
[Name of Documentary evidence in support of
compliance]

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(ix) Indian Electricity Rule 2003 and amendments if any, from Yes/No
time to time.

_______________________________________
[Name of Documentary evidence in support of
compliance]

(x) The Environment (Protection) Act 1986 or latest and Yes/No


Rules.

_______________________________________
[Name of Documentary evidence in support of
compliance]

(xi) Child Labour (Prohibition & Regulation) Act 1986 or Yes/No


latest.

_______________________________________
[Name of Documentary evidence in support of
compliance]

(xii) National Building Code of India 2005 or latest (NBC Yes/No


2005).

_______________________________________
[Name of Documentary evidence in support of
compliance]

(xiii) Indian standards for construction of Low/ Medium/ High/ Yes/No


Extra High Voltage Transmission Line

_______________________________________
[Name of Documentary evidence in support of
compliance]

(iv) Any other statutory requirement(s) Yes/No


[please specify]

_______________________________________
[Name of Documentary evidence in support of
compliance]

13. Annexure – 10B (SP)

Details of Insurance Policies alongwith documentary


evidences taken by the Contractor for the insurance
coverage against accident for all employees as below:

(i) Under Workmen Compensation Act 1923 or latest and Yes/No


Rules.

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Volume-I : Section-VI 101
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_______________________________________
[Name of Documentary evidence in support of insurance
taken]

(ii) Public Insurance Liabilities Act 1991 or latest Yes/No

_______________________________________
[Name of Documentary evidence in support of insurance
taken]

(iii) Any Other Insurance Policies Yes/No

_______________________________________
[Name of Documentary evidence in support of insurance
taken]

____

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Volume-I : Section-VI 102
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19. FORM OF JOINT DEED OF UNDERTAKING BY THE SUB-CONTRACTOR ALONGWITH THE


BIDDER/CONTRACTOR

THIS DEED OF UNDERTAKING executed this ……………. day of ………………….. Two Thousand and ………… by M/s.
……….…………….., a Company incorporated under the laws of …………………… and having its Registered Office at
……………………………….. (hereinafter called the “Sub-contractor” which expression shall include its successors,
executors and permitted assigns), and M/s. ……..……………., a Company incorporated under the laws of ………………….
having its Registered Office at …………………. (hereinafter called the “Bidder”/”Contractor” which expression shall
include its successors, executors and permitted assigns) in favour of XXXX (Name of the Employer) a Company
incorporated under the Companies Act of1956/2013 (with amendment from time to time) having its registered office
at XXXX (Registered Address of the Employer) (hereinafter called the “Employer” which expression shall include
its successors, executors and permitted assigns)

WHEREAS the “Employer” invited Bid as per its Specification No……………….for DDUGJY/IPDS works of
……………….…. including installation of Sub-stations, lines, bays, DTs and providing service
connections etc.

AND WHEREAS Clause No. ………….., Section …………, of ………………, Vol.–I… forming part of the Bid Documents
inter-alia stipulates that the Bidder and/or Sub-contractor must fulfill the Qualifying Requirements and be jointly and
severally bound and responsible for the quality and timely execution of DDUGJY/IPDS worksin the event the Bid
submitted by the Bidder is accepted by the Employer resulting in a Contract.

AND WHEREAS the Bidder has submitted its Bid to the Employer vide Proposal No. ………..….……. dated ………. based
on tie-up with the Sub-contractor for execution of aforesaid DDUGJY/IPDS works.

NOW THEREFORE THIS UNDERTAKING WITNESSETH as under:

0.1 In consideration of the award of Contract by the Employer to the Bidder (hereinafter referred to as the
“Contract”) we, the Sub-contractor and the Bidder/Contractor do hereby declare that we shall be jointly
and severally bound unto the XXXX (Name of the Employer), for execution ofDDUGJY/IPDS works
in accordance with the Contract Specifications.

0.1 Without in any way affecting the generality and total responsibility in terms of this Deed of Undertaking, the
Sub-contractor hereby agrees to depute their representatives from time to time to the Employer’s Project
site as mutually considered necessary by the Employer, Bidder/Contractor and the Sub-contractor to
ensure proper quality, manufacture, testing and supply on FOR destination delivery at site basis and
successful performance of DDUGJY/IPDS works in accordance with Contract Specifications. Further, if
the Employer suffers any loss or damage on account of non-performance of the material fully meeting the
performance guaranteed as per Bid Specification in terms of the contract. We the Sub-contractor and the
Contractor jointly and severally undertake to pay such loss or damages to the Employer on its demand
without any demur.

0.1 This Deed of Undertaking shall be construed and interpreted in accordance with the laws of India and the
Courts in xxxxx (Headquarter of Employer) shall have exclusive jurisdiction in all matters arising under the
Undertaking.

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0.1 We, the Bidder/Contractor and Sub-contractor agree that this Undertaking shall be irrevocable and shall
form an integral part of the Contract and further agree that this Undertaking shall continue to be
enforceable till the Employer discharges it. It shall become operative from the effective date of Contract.

IN WITNESS WHEREOF the Sub-contractor and/or the Bidder/Contractor have through their Authorised
Representatives executed these presents and affixed Common seals of their respective Companies, on the day,
month and year first above mentioned.

WITNESS (For Sub-contractor)

Signature …………………….

(Signature of the authorized representative)

Name ………………………..

Name ……………………..

Office Address ……………….

Common Seal of Company …...…………….

WITNESS (For Bidder)

Signature …………………….

(Signature of the authorized representative)

Name ………………………..

Name ……………………..

Office Address ……………….

Common Seal of Company …...…………….

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Volume-I : Section-VI 104
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Note:

1. For the purpose of executing the Deed of Joint Undertaking, the non-judicial stamp papers of appropriate
value shall be purchased in the name of executant(s).

2. The Undertaking shall be signed on all the pages by the authorised representatives of each of the partners
and should invariably be witnessed.

3. This Deed of Joint Undertaking duly attested by Notary Public of the place(s) of the respective executant(s),
shall be submitted alongwith the bid.

4. In case the bid is submitted by a Joint Venture (JV) of two or more firms as partners, then the Joint deed of
undertaking shall be modified accordingly.

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR


Volume-I : Section-VI 105
Sample Forms and Procedures (Forms)

20. FORM OF CERTIFICATE OF FINANCIAL PARAMETERS FOR QR


(as per clause ref. no. 1.02 and 2.0 of Annexure-A (BDS))

(Rupees in Lakhs)

S. No. Financial parameters 2014-15 2013-14 2012-13 2011-12 2010-11

1. Net Worth

a) Paid up Capital

b) Free Reserves and


Surplus*

c) Misc expenses to the


extent not written off

Net Worth (a+b-c)

2. Annual Turnover **

3. Liquid Asset (Total


Current Asset –
Inventories)

* Free Reserve and Surplus should be Exclusive of Revaluation Reserve, written back of Depreciation Provision and
Amalgamation.

** Annual total Income/ turnover as incorporated in the Profit and Loss Account excluding non recurring income, i.e. sale of
fixed asset etc.

It is certified that all the figures are based on audited accounts read with auditors report and Notes to Accounts etc.

Date Certified By

Place

(Chartered Accountants)

Membership No.

Seal

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Volume-I : Section-VI 106
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21. FORM OF DECLARTION FOR SHEDULE “C”

(To be stamped in accordance with Stamp Act, the Non-Judicial Stamp Paper should be in the name of the bidder
firm)

To: (insert Name and Address of Employer)

WE M/s. …. (insert name of Bidder)…… having its Registered/Head Office at ….. (insert authentic address of the
Bidder) ……….. (hereinafter called "the Bidder") has submitted its Bid for ………….(insert name of the
Package)……………under………….(insert Specification No)…………… (hereinafter called "the Bid")

WE undertake that prices of each items present in Schedule “C” are below maximum limit prescribed under note of
Schedule “C” in price Bid.

WE Further under take that if the prices of any item in schedule “C” are beyond cost limit prescribed by Govt. of
India & mentioned in note of Schedule “C” in price Bid our submitted Bid for ………….(insert name of the
Package)……………under………….(insert Specification No)…………… (hereinafter called "the Bid") be treated as Null &
Void and Non responsive.

WE M/s. …. (insert name of Bidder)…… submit this declaration with full authority & full sense.

For and on behalf of the bidder

[Signature of the authorised signatory(ies)]

Signature_______________________

Name_______________________

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Volume-I : Section-VI 107
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Designation_______________________

POA Number_______________________

Contact Number(s): Tel.______________Mobile______________

Fax Number_______________________

email ____________________________

Witness:

Signature_______________________

Name_______________________

Address______________________________

Contact Number(s): Tel.______________Mobile______________

email ____________________________

Note:

1. In case the bid is submitted by a Joint Venture, DECLARTION FOR SHEDULE “C” shall be in the name of the
Joint Venture or lead partner of the Joint Venture.

DDUGJY/SBD (Vol. – I)/ MPPKVVCL JABALPUR

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