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33 views56 pages

1contract Forms

Uploaded by

SUMEHA
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

Section VIII–Contract Forms 1

Section VIII - Contract Forms


Section VIII–Contract Forms 2

INDEX OF CONTENTS (Contract Forms)


[Link]. Description Annexure
1. Bid Security Declaration Annexure-I
2. Form of Integrity Pact Annexure-II
3. Form of Declaration of Eligibility Annexure-II(A)
4. Bank Guarantee for Contract Performance Annexure-III
Guarantee
5. Bank Guarantee for Contract Performance Annexure-III B
Guarantee for Advance
6. Form of Completion Certificate Annexure-IV
7. Form of Operational Acceptance Certificate Annexure-V
8. Form of Indemnity Bond for Equipment Annexure-VI
handed over in one lot by employer for
performance of its contract.
9. Form of Indemnity Bond for Equipment Annexure-VII
handed over in installments by employer for
performance of its contract.

10. Real Time Gross Settlement (RTGS) Form Annexure-VIII


11. Registration details of GST of Bidders Annexure-IX
12. Contract Agreement Form Annexure-X
13. Format for Specific Power of Attorney. Annexure-XI
Section VIII–Contract Forms 3

APPENDICES

1 Terms and Procedures of Payment Appendix 1


2 Price Adjustment Appendix 2
3 Insurance Requirements Appendix 3
4 Time Schedule Appendix 4
5 List of Subcontractor/ Sub-Vendor Appendix 5
6 Scope of Works and Supply by the Employer Appendix 6
7 List of Documents for Approval or Review Appendix 7
Section VIII–Contract Forms 4

ANNEXURE- I
{Refer ITB Clause-18}
(To be executed on Letter head of the Sole Bidder, Joint Venture (JV))
(Bid Security Declaration)

Tender No: Date:

To
Head of Department (Electrical Contracts Deptt.,
SJVN. Ltd.
SJVN Corporate Office Complex,
Shanan, Shimla (HP)

I hereby submit a declaration that the bid submitted by the undersigned, on behalf of the
bidder, [Name of the bidder], either Sole Bidder or in JV, shall not be withdrawn or
varied during the period of bid validity as stipulated under Clause of Bid Document.

I, on behalf of bidder, [Name of the bidder], also accept the fact that in case the bid is
withdrawn or varied any term & condition in regard hereto during the period of bid
validity, except as provided in Bid Document or in the case of a successful bidder, if we
fail within the specified time limit to sign the Agreement or we fail to furnish the required
performance security as provided in Clause …….. of Bid Document or if we adopt the
corrupt or coercive or fraudulent practices covered under clause ……….of Bid
Document or commit defaults under Integrity Pact, then [Name of the Sole Bidder/JV])
will be suspended for participation in the tendering process for the works of SJVN Ltd.
and its subsidiaries and works under other centrally sponsored schemes, for a period of
one year from the date of issue of notice of such suspension by the Employer.

Date: (Signature of Authorised Signatory)*


Place: (Name) ………………….
(Designation)……………..
(Common Seal) ……………..

* In case of a Sole Bidder, Bid Security declaration should be on the letterhead of the
Bidder and should be signed by a person competent and having the Power of Attorney
to bind the Bidder.

*In case of a JV, each partner of JV shall furnish Bid Security Declaration individually on
their respective Company letterhead and should be signed by respective person
competent and having the power of Attorney to bind their partners.
Section VIII–Contract Forms 5

ANNEXURE - II

(To be executed on plain paper at the time of submission of bid and on Non-
judicial stamp paper of appropriate value by successful bidder(Contractor) prior
to signing of Contract Agreement)

(Format of Integrity Pact)

PRE CONTRACT INTEGRITY PACT

Between

_________________, a company incorporated under the relevant law in the matter and
having its registered office at ______________________, hereinafter referred to as
“The Employer” which expression shall mean and include, unless the context otherwise
requires, his successors in office and assigns of the First Part.
And

M/s ________ , a company/ firm/ individual (status of the company) constituted in


accordance with the relevant law in the matter and having its registered office at
__________________ represented by Shri ________, hereinafter referred to as “The
Bidder/Contractor” which expression shall mean and include, unless the context
otherwise requires, his successors and permitted assigns of the Second Part.

WHEREAS the Employer proposes to procure under laid down organizational


procedures, contract/s for ---------------- (Name of the work/ goods/ services) and the
Bidder/Contractor is willing to offer against NIT No. ………………….

NOW, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free
from any influence/prejudiced dealings prior to, during and subsequent to the currency
of the contract to be entered into with a view to:-

Enabling the Employer to obtain the desired said (work/ goods/ services) at a
competitive price in conformity with the defined specifications by avoiding the high cost
and the distortionary impact of corruption on public procurement, and

Enabling the Bidder(s)/Contractor(s) to abstain from bribing or indulging in any corrupt


practice in order to secure the contract by providing assurance to them that their
competitors will also abstain from bribing and other corrupt practices and the Employer
will commit to prevent corruption, in any form, by its officials by following transparent
procedures.

1.0 Commitments of the Employer

1.1 The Employer undertakes that no official of the Employer, connected directly or
indirectly with the contract, will demand, take a promise for or accept, directly or
through intermediaries, any bribe, consideration, gift, reward, favour or any material
Section VIII–Contract Forms 6

or immaterial benefit or any other advantage from the Bidder/Contractor, either for
themselves or for any person, organization or third party related to the contract in
exchange for an advantage in the bidding process, bid evaluation, contracting or
implementation process related to the contact.

1.2. The Employer will, during the pre-contract stage, treat all the Bidders/Contractors
alike, and will provide to all the Bidders/Contractors the same information and will
not provide any such information to any particular Bidder/Contractor which could
afford an advantage to that particular Bidder/Contractor in comparison to other
Bidders/Contractors.

1.3. All the officials of the Employer will report to the appropriate Authority any
attempted or completed breaches of the above commitments as well as any
substantial suspicion of such a breach.

2.0In case any such preceding misconduct on the part of such official(s) is reported by
the Bidder to the Employer with full and verifiable facts and the same is prima facie
found to be correct by the Employer, necessary disciplinary proceedings, or any
other action as deemed fit, including criminal proceedings may be initiated by the
Employer or Independent External Monitor and such a person shall be debarred
from further dealings related to the contract process. In such a case while an
enquiry is being conducted by the Employer the proceedings under the contract
would not be stalled.

3.0 Commitments of the Bidder(s)/Contractor(s)

The Bidder(s)/Contractor(s) commits itself to take all measures necessary to


prevent corrupt practices, unfair means and illegal activities during any stage of its
bid or during any pre-contract or post-contract stage in order to secure the contract
or in furtherance to secure it and in particular commit itself to the following :-

3.1 The Bidder(s)/Contractor(s) will not offer, directly or through intermediaries, any
bribe, gift, consideration, reward, favour, any material or immaterial benefit or other
advantage, commission, fees, brokerage or inducement to any official of the
Employer, connected directly or indirectly with the bidding process, or to any
person, organization or third party related to the contract in exchange for any
advantage in the bidding, evaluation, contracting and implementation of the
contract.

3.2 The Bidder/Contractor further undertakes that it has not given, offered or promised
to give, directly or indirectly any bribe, gift consideration, reward, favour, any
material or immaterial benefit or other advantage, commission, fees, brokerage or
inducement to any official of the Employer or otherwise in procuring the Contract or
forbearing to do or having done any act in relation to the obtaining or execution of
the contract or any other contract with Employer for showing or forbearing to show
favour or disfavor to any person in relation to the contract or any other contract with
Employer.
Section VIII–Contract Forms 7

3.3 The Bidder(s)/Contractor(s) shall disclose the name and address of agents and
representatives and Indian Bidder(s)/Contractor(s) shall disclose their foreign
principals or associates.

3.4 The Bidder(s)/Contractor(s) shall disclose the payments to be made by them to


agents/brokers or any other intermediary, in connection with this bid/contract

3.5 The Bidder, either while presenting the bid or during pre-contract negotiations or
before signing the contract, shall disclose any payments he has made, is committed
to or intends to make to officials of the Employer or their family members, agents,
brokers or any other intermediaries in connection with the contract and the details
of services agreed upon for such payments.

3.6 The Bidder/Contractor will not collude with other parties interested in the contract to
impair the transparency, fairness and progress of the bidding process, bid
evaluation, contracting and implementation of the contract.

3.7 The Bidder/Contractor will not accept any advantage in exchange for any corrupt
practice, unfair means and illegal activities.

3.8 The Bidder/Contractor shall not use improperly, for purposes of competition or
personal gain, or pass on to others, any information provided by the Employer as
part of the business relationship, regarding plans, technical proposals and business
details, including information contained in electronic data carrier. The
Bidder/Contractor also undertakes to exercise due and adequate care lest any such
information is divulged.

3.9 The Bidder(s)/Contractor(s) commits to refrain from giving any complaint directly or
through any other manner without supporting it with full and verifiable facts.

3.10 The Bidder(s)/Contractor(s) shall not instigate or cause to instigate any third person
to commit any of the actions mentioned above.

3.11 If the Bidder/Contractor or any employee of the Bidder/Contractor or any person


acting on behalf of the Bidder/Contractor, either directly or indirectly, is a relative of
any of the officers of the Employer, or alternatively, if any relative of an officer of the
Employer has financial interest/stake in the Bidder(s)/Contractor(s) firm(excluding
Public Ltd. Company listed on Stock Exchange), the same shall be disclosed by the
Bidder/Contractor at the time of filling of tender.

The term ‘relative’for this purpose would be as defined in Section 2(77) of the
Companies Act 2013.

3.12 The Bidder(s)/Contractor(s) shall not lend to or borrow any money from or enter into
any monetary dealings or transactions, directly or indirectly, with any employee of
the Employer.

3.13. The Bidder/supplier shall follow all rules and regulations of India.
Section VIII–Contract Forms 8

4.0 Previous Transgression

4.1 The Bidder(s)/Contractor(s) declares that no previous transgression occurred in the


last three years immediately before signing of this Integrity Pact, with any other
company in any country in respect on any corrupt practices envisaged hereunder or
with any Public Sector Enterprise / Government Department inIndia and
in____________ (Employer’s country).

4.2 The Bidder agrees that if it makes incorrect statement on this subject, Bidder can be
disqualified from the tender process or the contract, if already awarded, can be
terminated for such reason.

5.0 Earnest Money (Security Deposit)

The provision regarding Earnest Money/Security Deposit as detailed in the Notice


Inviting Tender (NIT) and Instruction to Bidders (ITB) section of the Bid Document is
to be referred.

6.0 Sanctions for Violations

6.1 Any breach of the aforesaid provisions by the Bidder/Contractor or any one
employed by it or acting on its behalf shall entitle the Employer to take action as per
the procedure mentioned in the “Guidelines on Banning of Business Dealings”
attached as Annex-A and initiate all or any one of the following actions, wherever
required:-

(i) To immediately call off the pre contract negotiations without assigning any
reason or giving any compensation to the Bidder/Contractor. However, the
proceedings with the other Bidder(s)/Contractor(s) would continue.
(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security
Deposit/Performance Bond (after the contract is Signed) shall stand forfeited
either fully or partially, as decided by the Employer and the Employer shall not
be required to assign any reason thereof.
(iii) To immediately cancel the contract, if already signed, without giving any
compensation to the Contractor. The Bidder/Contractor shall be liable to pay
compensation for any loss or damage to the Employer resulting from such
cancellation/rescission and the Employer shall be entitled to deduct the
amount so payable from the money(s) due to the Bidder/Contractor.
(iv) To encash the Bank guarantee, in order to recover the dues if any by the
Employer, along with interest as per the provision of contract.
(v) To debar the Bidder/Contractor from participating in future bidding processes
of Employer, as per provisions of “Guidelines on Banning of Business
Dealings” (Annex-A), which may be further extended at the discretion of the
Employer.
Section VIII–Contract Forms 9

(vi) To recover all sums paid in violation of this Pact by Bidder(s)/Contractor(s) to


any middleman or agent or broker with a view to securing the contract.
(vii) In cases where irrevocable Letters of Credit have been received in respect of
any contract signed by the Employer with the Bidder/ Contractor, the same
shall not be opened/operated.
(viii) Forfeiture of Performance Security in case of a decision by the Employer to
forfeit the same without assigning any reason for imposing sanction for
violation of this Pact.

6.2 The Employer will be entitled to take all or any of the actions mentioned at para 6.1
(i) to (viii) of this Pact also on the Commission by the Bidder/Contractor or any one
employed by it or acting on its behalf (whether with or without the knowledge of the
Bidder/Contractor), of an offence as defined in Chapter IX of the Indian Penal
Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for
prevention of corruption in Employer’s country.

6.3 The decision of the Employer to the effect that a breach of the provisions of this
Pact has been committed by the Bidder/Contractor shall be final and conclusive on
the Bidder/Contractor. However, the Bidder/Contractor can approach the
Independent External Monitor(s) appointed for the purposes of this Pact.

7.0 Independent External Monitor(s)

7.1 The Employer has appointed Independent External Monitor(s) (hereinafter referred
to as Monitors) for this Pact.

7.2 The task of the Monitors shall be to review independently and objectively, whether
and to what extent the parties comply with the obligations under this Pact.

7.3 The Monitors shall not be subject to instructions by the representatives of the parties
and perform their functions neutrally and independently.

7.4 Both the parties accept that the Monitors have the right to access all the documents
relating to the project/procurement, including minutes of meetings. The right to
access records should only be limited to the extent absolutely necessary to
investigate the issue related to the subject tender/contract.

7.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he
will so inform CMD/CEO/MD of Employer and request Employer to discontinue or
take corrective action, or to take other relevant action. The Monitor can in this
regard submit non-binding recommendations. Beyond this the Monitor has no right
to demand from the parties that they act in a specific manner, refrain from action or
tolerate action.

7.6 The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without
restriction, to all Project documentation of the Employer including that provided by
the Bidder/Contractor. The Bidder/Contractor will also grant the Monitor, upon his
request and demonstration of a valid interest, unrestricted and unconditional access
to his project documentation. The same is applicable to Subcontractor(s). The
Section VIII–Contract Forms 10

Monitor shall be under contractual obligation to treat the information and documents
of the Bidder/Contractor/Subcontractor(s) with confidentiality.

7.7 The Employer will provide to the Monitor sufficient information about all meetings
among the parties related to the project provided such meetings could have an
impact on the contractual relations between the parties. The parties will offer to the
Monitor the option to participate in such meetings as and when required.

7.8 The Monitor will submit a written report to the CMD/CEO/MD of Employerwithin 10
days from the date of reference or intimation to him by the Employer/Bidder and
should the occasion arise, submit proposals for correcting problematic situations.

7.9 The word ‘Monitor’ would include both singular and plural.
8.0 Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of


commission, the Employer or its agencies shall be entitled to examine all the
documents including the Books of Accounts of the Bidder/Contractor and the
Bidder/Contractor shall provide necessary information and documents in English
and shall extend all possible help for the purpose of such examination.

9.0 Law and Place of Jurisdiction

This Pact is subject to ___________(Employer’s Country)Law. The place of


performance and jurisdiction is the Registered Office of the [Link]
arbitration clause provided in the tender document/contract shall not be applicable
for any issue/dispute arising under Integrity Pact.

10.0 Other Legal Actions

10.1 The actions stipulated in this Integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provisions of the extant law in force
relating to any civil or criminal proceedings.

10.2 Changes and supplements as well as termination notice need to be made in


writing.

10.3 If the Contractor is a partnership or a consortium or a joint venture, this pact must
be signed by all partners of the consortium/joint venture.

11.0 Validity

11.1 The validity of this Integrity Pact shall be from date of its signing and extend upto 5
years or the complete execution of the contract to the satisfaction of both the
Employer and the Bidder/Contractor/Seller, including warranty period, whichever is
later. In case BIDDER is unsuccessful, this Integrity Pact shall expire after six
months from the date of the signing of the contract or six months from the date of
opening of price bids, whichever is earlier.
Section VIII–Contract Forms 11

11.2 Should one or several provisions of this Pact turn out to be invalid, the remainder
of this Pact shall remain valid. In this case, the parties will strive to come to an
agreement to their original intention.
12.0 The Bidder/supplier shall follow all rules and regulations of India including statutory
requirements like minimum wages, ESIC and EPF.
13.0 The Parties hereby sign this Integrity Pact at ____________ on ______________.

Employer Bidder

Name of the Officer (Authorised Person)

Designation (Name of the Person)

Designation

Place---------------- Place--------------

Date--------------- Date--------------

Witness1.__________________ Witness1.___________________

(Name and address) (Name and address)

2.__________________________ 2.__________________________

(Name and address) (Name and address)


Section VIII–Contract Forms 12

Annex-A

Guidelines on banning of business dealings

Contents

[Link]. Description
1.0 Introduction
2.0 Scope
3.0 Definitions
4.0 Initiation of Banning/Suspension
5.0 Suspension of Business Dealings
6.0 Ground on which Banning of Business dealing can be initiated
7.0 Banning of Business dealings
8.0 Removal from List of Approved agencies-Suppliers/Contractors etc.
9.0 Show-cause Notice
10.0 Appeal against the Decision of the Competent Authority.
11.0 Circulation of the names of Agencies with whom Business Dealings have been
banned.
Section VIII–Contract Forms 13

Guidelines on Banning of Business Dealings


1.0 Introduction
1.1 Employer deals with Agencies viz. parties/ contractors/ suppliers/ bidders, who
are expected to adopt ethics of highest standards and a very high degree of
integrity, commitments and sincerity towards the work undertaken. It is not in the
interest of Employer to deal with Agencies who commit deception, fraud or other
misconduct in the tendering process.
1.2 Since banning of business dealings involves civil consequences for an Agency
concerned, it is incumbent that adequate opportunity of hearing is provided and
the explanation, if tendered, is considered before passing any order in this regard
keeping in view the facts and circumstances of the case.
2.0 Scope
2. 1 The Information for Bidders/ Instruction to Bidders and even the General
Conditions of Contract (GCC) of Employer generally provide that Employer shall
have the rights to remove from list of approved suppliers / contractors or to ban
business dealings if any Agency has been found to have committed misconduct
or fraud or anything unethical not expected from a reputed contractor.
2.2 The procedure of (i) Removal of Agency from the List of approved suppliers /
contractors; (ii) Suspension and (iii) Banning of Business Dealing with Agencies,
has been laid down in these guidelines.
2.3 These guidelines shall apply to all the Projects/ Power Stations/ Regional Offices/
Liaison Offices of SJVN including its subsidiaries and JVs.
2.4 It is clarified that these guidelines do not deal with the poor performance of the
contractors/ Agencies.
2.5 The banning shall be with prospective effect, i.e. future business dealings.
3.0 Definitions
In these Guidelines, unless the context otherwise requires:
i) “Party / Contractor / Supplier / Bidders” shall mean and include a public
limited company or a private limited company, a joint Venture, Consortium,
HUF, a firm whether registered or not, an individual, cooperative society or an
association or a group of persons engaged in any commerce, trade, industry,
etc. “Party / Contractor/ Supplier / Bidder’ in the context of these guidelines is
indicated as ‘Agency’.
ii) “Unit” shall mean the Project/ Power Station/ Regional Office/ Liaison Office.
iii) “Competent Authority” and ‘Appellate Authority’ shall mean the following:
The concerned Director shall be the ‘Competent Authority’ for the purpose of
these guidelines.
CMD shall be the ‘Appellate Authority’ in respect of such cases.
iv) “Investigating Committee” shall mean any Officer/Committee appointed by
Competent Authority to conduct investigation.
v) “List of approved Agencies viz Parties / Contractors /
Suppliers/Bidders” shall mean and include list of Parties/ Contractors /
Suppliers / Bidders etc. if registered with Employer.
4.0 Initiation of Banning / Suspension
Section VIII–Contract Forms 14

Action for banning /suspension business dealings with any Agency shall be
initiated by the department responsible for invitation of bids after noticing the
irregularities or misconduct on the part of Agency concerned. Besides the
concerned department, Vigilance Department of each Unit/ Corporate Vigilance
may also be competent to initiate such action.
5.0 Suspension of Business Dealings.
5.1 If the conduct of any Agency dealing with Employeris under investigation, the
Competent Authority may consider whether the allegations (under investigation)
are of a serious nature and whether pending investigation, it would be advisable
to continue business dealing with the Agency. If the Competent Authority, after
consideration of the matter including the recommendation of the Investigating
Committee, if any, decides that it would not be in the interest to continue
business dealings pending investigation, it may suspend business dealings with
the Agency. The order of suspension would operate for a period not more than
six months and may be communicated to the Agency as also to the Investigating
Committee. The Investigating Committee may ensure that their investigation is
completed and whole process of final order is over within such period. However,
if investigations are not completed in six month’s time, the Competent Authority
may extend the period of suspension by another three months, during which
period the investigations must be completed.
5.2 The order of suspension shall be communicated to all Departmental Heads of
SJVN (including its subsidiaries and JVs) and Heads of the Units. During the
period of suspension, no business dealing may be held with the Agency.
5.3 As far as possible, the existing contract(s) with the Agency may continue unless
the Competent Authority, having regard to the circumstances of the case,
decides otherwise.
5.4 If the Agency concerned asks for detailed reasons of suspension, the Agency
may be informed that its conduct is under investigation. It is not necessary to
enter into correspondence or argument with the Agency at this stage.
5.5 It is not necessary to give any show-cause notice or personal hearing to the
Agency before issuing the order of suspension.
6.0 Ground on which Banning of Business Dealings can be initiated:
6.1 If the security consideration, including questions of loyalty of the Agency to
Employer so warrants;
6.2 If the director /owner of the Agency, proprietor or partner of the firm, is convicted
by a Court of Law for offences involving moral turpitude in relation to its business
dealings with the Government or any other public sector enterprises, during the
last three years.
6.3 If business dealings with the Agency have been banned by the Department of
Power, Government of India and the relevant government department of
Employer’s Country.
6.4 If the Agency has resorted to corrupt, fraudulent practices including
misrepresentation of facts;
6.5 If the Agency uses intimidation / threatening or brings undue outside pressure on
Employer or its official for acceptance / performances of the job under the
contract;
Section VIII–Contract Forms 15

6.6 If the Agency misuses the premises or facilities of Employer, forcefully occupies
or damages Employer’s properties including land, water resources, forests / trees
or tampers with documents/records etc. (Note: The examples given above are
only illustrative and not exhaustive. The Competent Authority may decide to ban
business dealing for any good and sufficient reason).
7.0 Banning of Business Dealings
7. 1 A decision to ban business dealings with any Agency shall apply throughout
SJVN including its subsidiaries/JVs.
7.2 There will be an Investigating Committee consisting of officers not below the rank
of AGM/DGM from Indenting Division, Finance, Law and Contracts. Member from
department responsible for invitation of bids shall be the convener of the
committee. The functions of the committee shall, inter-alia include:
i) To study the report of the unit/division responsible for invitation of bids and
decide if a prima-facie case for banning exists, if not, send back the case to
the Competent Authority.
ii) To recommend for issue of show-cause notice to the Agency by the
concerned unit/division as per clause 9.1.
iii) To examine the reply to show-cause notice and call the Agency for personal
hearing, if required.
iv) To submit final recommendations to the Competent Authority for banning or
otherwise.
8.0 Removal from List of Approved Agencies - Suppliers/ Contractors, etc.
8.1 If the Competent Authority decides that the charge against the Agency is of a
minor nature, it may issue a show-cause notice as to why the name of the
Agency should not be removed from the list of approved Agencies - Suppliers /
Contractors, etc.
8.2 The effect of such an order would be that the Agency would not be qualified for
competing in Open Tender Enquiries or Limited Tender Enquiries till the period
mentioned in the order.
8.3 Past performance of the Agency may be taken into account while processing
approval of the Competent Authority for award of the contract.
9.0 Show-cause Notice
9.1 In case where the Competent Authority decides that action against an Agency is
called for, a show-cause notice has to be issued to the Agency, Statement
containing the imputation of misconduct or misbehavior may be appended to the
show-cause notice and the Agency should be asked to submit within 15 days a
written statement in its defense.
9.2 If the Agency requests for inspection of any relevant document in possession of
Employer, necessary facility for inspection of documents may be provided.
9.3 The Competent Authority may consider and pass an appropriate speaking order:
a) For exonerating the Agency if the charges are not established;
b) For removing the Agency from the list of approved Suppliers / Contactors, etc.
c) For banning the business dealing with the Agency.
9.4 If it decides to ban business dealings, the period for which the ban would be
operative may be mentioned.
10.0 Appeal against the Decision of the Competent Authority
Section VIII–Contract Forms 16

10.1 The Agency may file an appeal against the order of the Competent Authority
banning business dealing etc. The appeal shall be filed to Appellate Authority.
Such an appeal shall be preferred within one month from the date of receipt of
the order banning business dealing, etc.
10.2 Appellate Authority would consider the appeal and pass appropriate order which
shall be communicated to the Agency as well as the Competent Authority.
11.0 Circulation of the names of Agencies with whom Business Dealings have
been banned
i) The concerned unit shall forward the name and details of the Agency(ies)
banned to IT&SE Division of SJVN’s Corporate Office for displaying the same
on SJVN website.
ii) Corporate Contracts Department shall also forward the name and details of
the Agency(ies) banned to the Ministry of Power, GoI besides forwarding the
name and details to the contracts/procurement group of all CPSUs of power
sector.
Section VIII–Contract Forms 17

ANNEXURE- II(A)

(To be executed on plain paper at the time of submission of bid and on Non-
judicial stamp paper of appropriate value by successful bidder (Contractor) prior
to signing of Contract Agreement)

FORM OF DECLARATION OF ELIGIBILITY

UNDERTAKING

I / We, M/s ………………………………..(Name of Bidder) hereby certify that I / we have


not been banned /de-listed/ black listed / debarred from business by any PSU / Govt.
Department during last 03 (three) years on the grounds mentioned in para 6 of
Guidelines on banning of Business dealing, ITB Clause 3.2 of Tender Document.

(Seal & signature of the Bidder)


Section VIII–Contract Forms 18

ANNEXURE- III

Performance security form- Bank Guarantee

(To be stamped in accordance with Stamp Act, if any, of the Country of the issuing
Bank)

Bank Guarantee No. .......................


Date. ..................................
To,

(Employer address)

Dear Sirs,

In consideration of the SJVN Ltd.[Employer’s Name] (hereinafter referred to as the


„Employer,‟ which expression shall unless repugnant to the context or meaning thereof,
include its successors, administrators and assigns) having awarded to M/s....................
[Contractor’s Name] ............................with its Registered / Head Office at
....................................................... (hereinafter referred to as the „Contractor‟, which
expression shall unless repugnant to the context or meaning thereof, include its
successors administrators, executors and assigns), a Contract by issue of Employer‟s
Notification of award No. .......................dated................. and the same having been
unequivocally accepted by the Contractor, resulting in to a contract bearing No.
........................dated ................. Valued at.................. “Construction of 220 KV single
zebra , Double Circuit Transmission line from 60 MW Naitwar Mori HEP
Switchyard to 220KV HPPTCL network in Snail (Near Kuddu, H.P.) " and the
Contractor having agreed to provide a contract Performance guarantee for the faithful
performance of the entire Contract equivalent to ………..(*)………… of the said value of
the contract to the Employer.
We ............. [Name & Address of the Bank] .............................having its Head Office at
......................... (hereinafter referred to as the „Bank‟, which expression shall, unless
repugnant to the context or meaning thereof, include its successors administrators,
executors and assigns) do hereby guarantee and undertake to pay the Employer, on
demand any and all monies payable by the contractor to the extent of ……(*)……… as
aforesaid at any time upto....................(@) ................[Days/month/year] without any
demur, reservation, contest, recourse or protest and/ or without any reference to the
Contractor. Any such demand made by the Employer on the Bank shall be conclusive
and binding notwithstanding any difference between the Employer and the contractor or
any dispute pending before any court, tribunal, Arbitrator or any other authority. The
Bank undertakes not to revoke this guarantee during its currency without previous
consent of the Employer and further agrees that the guarantee herein contained shall
continue to be enforceable till the Employer discharges this guarantee.
The Employer shall have the fullest liberty, without affecting in any way the liability of
the Bank under this guarantee, from time to time to extend the time for performance of
the Contract by the Contractor. The Employer shall have the fullest liberty, without
Section VIII–Contract Forms 19

affecting this guarantee, to postpone from time to time the exercise of any powers
vested in them or of any right which they might have against the contractor, and to
exercise the same at any time in any manner, and either to enforce or to forbear to
enforce any covenants, contained or implied, in the Contract between the Employer and
the contractor or any other course or remedy or security available to the Employer. The
Bank shall not be released of its obligations under these presents by any exercise by
the Employer of its liberty with reference to the matters aforesaid or any of them or by
reason of any other act or forbearance or other acts of omission or commission on the
part of the Employer or any other indulgence shown by the Employer or by any other
matter or thing whatsoever which under law would, but for this provision, have the effect
of relieving the Bank.
The Bank also agrees that the Employer at its option shall be entitled to enforce this
guarantee against the Bank as a principal debtor, in the first instance without
proceeding against the contractor and notwithstanding any security or other guarantee
that the Employer may have in relation to the Contractor’s liabilities.
Notwithstanding anything contained hereinabove our liability under this guarantee is
restricted to .............................(*)............................ and it shall remain in force upto and
including ....................(@) ................. and shall be extended from time to time for such
period (not exceeding one year), as may be desired by
M/s………………………….[Contractor‟s Name] on whose behalf this guarantee has
been given.
Dated this...........................day of................20.................at.......................
WITHNESS
.................................................................. .....................................................................
(Signature) (Signature)
................................................................... ....................................................................
(Name) (Name)
................................................................. .....................................................................
(Official Address) (Designation with Bank Stamp)
Attorney as per Power of
Attorney No...............
Date...........................................
NOTE: 1. (*) This sum shall be three percent (3%) of the Contract Price.
(@) This date will be sixty (60) days beyond the issuance of Defect Liability
certificate.
2. The stamp papers of appropriate value shall be purchased in the name of
issuing Bank.
Section VIII–Contract Forms 20

Annexure-III B

Bank Guarantee for Advance Payment


Bank Guarantee No. ________
Date:_____________________
To: [Name and address of Employer]
Dear Sirs,
In consideration of the ....[Employer’s Name] ........ (hereinafter referred to as the
„Employer‟ which expression shall unless repugnant to the context or meaning thereof,
include its successors, administrators and assigns) having awarded to M/s .....
[Contractor’s Name] ............ with its Registered/Head Office at .............................
(hereinafter referred to as the „Contractor‟, which expression shall unless repugnant to
the context or meaning thereof, include its successors administrators, executors and
assigns), a Contract by issue of Employer‟s Notification of Award No. ................ dated
.................. and the same having been unequivocally accepted by the contractor,
resulting into a Contract bearing No. ................ dated ............... valued at ................ for
.................. [Name of Contract] .............. (hereinafter called the „Contract‟) and the
Employer having agreed to make an advance payment to the Contractor for
performance of the above Contract amounting ....................... (in words and figures) as
an Advance against Bank Guarantee to be furnished by the Contractor.
We ...............[Name & Address of the Bank] ...........having its Head Office at
................... ................... (hereinafter referred to as the „Bank‟, which expression shall,
unless repugnant to the context of meaning thereof, include its successors,
administrators, executors and assigns) do hereby guarantee and undertake to pay the
Employer, immediately on demand any or, all monies payable by the Contractor to the
extent of .............. [advance amount] ..................... as aforesaid at any time upto
................ (@) ........... without any demur, reservation, contest, recourse or protest
and/or without any reference to the Contractor. Any such demand made by the
Employer on the Bank shall be conclusive and binding notwithstanding any difference
between the Employer and the Contractor or any dispute pending before any Court,
Tribunal, Arbitrator or any other authority. We agree that the guarantee herein contained
shall be irrevocable and shall continue to be enforceable till the Employer discharges
this guarantee.
The Employer shall have the fullest liberty, without affecting in any way the liability of
the Bank under this guarantee, from time to time to vary the advance or to extend the
time for performance of the Contract by the Contractor. The Employer shall have the
fullest liberty, without affecting this guarantee, to postpone from time to time the
exercise of any powers vested in them or of any right which they might have against the
Contractor, and to exercise the same at any time in any manner, and either to enforce
or to forbear to enforce any covenants, contained or implied, in the Contract between
the Employer and the Contractor or any other course or remedy or security available to
the Employer. The Bank shall not be released of its obligations under these presents by
any exercise by the Employer of its liberty with reference to the matters aforesaid or any
of them or by reason of any other act or forbearance or other acts of commission or
commission on the part of the Employer or any other indulgence shown by the
Employer or by any other matter or thing whatsoever which under law would, but for this
Section VIII–Contract Forms 21

provision have the effect of relieving the Bank. The Bank also agrees that the Employer
at its option shall be entitled to enforce this Guarantee against the Bank as a principal
debtor, in the first instance without proceeding against the contractor and
notwithstanding any security or other guarantee the Employer may have in relation to
the Contractors liabilities.
Notwithstanding anything contained herein above our liability under this guarantee is
restricted to ......................[advance amount”] ...................... and it shall remain in force
upto and including ................. (@) .............. and shall be extended from time to time for
such period (not exceeding one year), as may be desired by M/s ....... [Contractor’s
Name] ...... on whose behalf this guarantee has been given.
Dated this ....................day of ..................... 202........ at .................................
WITNESS …… ….................................
................................................ (Signature)
(Signature)
................................................ ....................................
(Name) (Name)
................................................ ................................................
(Official Address) (Designation with Bank Stamp)
................................................ Attorney as per Power of Attorney No.
........................
Dated ......................................
Section VIII–Contract Forms 22

ANNEXURE-IV
6. Form of Completion Certificate

Date:

DCB No.:

[Name of Contract]

To: [Name and address of Contractor]

Dear Ladies and/or Gentlemen,

Pursuant to GC Clause 24 (Completion of the Facilities) of the General Conditions of


the Contract entered into between yourselves and the Employer dated [date], relating to
the [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.

1. Description of the Facilities or part thereof: [description]

2. Date of Completion: [date]

However, you are required to complete the outstanding items listed in the Attachments
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 Defect
Liability Period.

Very truly yours,

Title
(Project Manager)
Section VIII–Contract Forms 23

ANNEXURE-V
7. Form of Operational Acceptance Certificate

Date:

NCB No.:

[Name of Contract]

To: [Name and address of Contractor]

Dear Ladies and/or Gentlemen,

Pursuant to GC Sub-Clause 25.3 (Operational Acceptance) of the General Conditions of


the Contract entered into between yourselves and the Employer dated [date], relating to
the [brief description of the Facilities], we hereby notify you that the Functional
Guarantees of the following part(s) of the Facilities were satisfactorily attained 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: [description]

2. Date of Operational Acceptance: [date]

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 Defect
Liability Period.

Very truly yours,

Title
(Project Manager)
Section VIII–Contract Forms 24

Annexure-VI

FORM OF INDEMINITY BOND TO BE EXECUTED BY THE


CONTRACTOR FOR THE EQUIPMENT HANDED OVER IN ONE LOT
BY THE EMPLOYER FOR PERFORMANCE OF ITS CONTRACT
(Equipment handed over in one lot)

(On non-judicial stamp paper of appropriate value)

INDEMINITY BOND

THIS INDEMINITY BOND is made this…………………………………………..


day of ………20…………………… by
………………………………….(Contractor’s Name ) a Company registered
under the Companies Act, 1956/Partnership firm/Proprietary concern having its
Registered Office at ……………………………..(hereinafter called as
‘Contractor’ or Obligor” which expression shall include its successors and
permitted assigns) in favour of SJVN Ltd , a Company incorporated under the
Companies Act, 1956 having its Registered Office at SJVN Corporate Head
Quarter, Shanan, Shimla- 171006 (India) and its project at
………………….(hereinafter called “SJVN Ltd” which expression shall include
its successors and assigns) :

WHEREAS SJVN Ltd has awarded to the Contractor a Contract for


…………………………… vide its Notification of Award/Contract
No………………….. dated …………………..and its Amendment
No……………………………and Amendment No….……………(applicable when
amendments have been issued)(hereinafter called the Contract”) in terms of
which …………..@ …………… is required to handover various Equipments 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
………………. @…………… for the Equipments handed over to it by SJVN Ltd
for the purpose of performance of the Contract/Erection portion of the
contract(hereinafter called the ‘Equipments”)

AND THEREFORE, This Indemnity Bond witnessed as follows:

1 That in consideration of various Equipments as mentioned in the Contract,


valued at (Currency and amount in Figures)
………………………………………………………………(Currency and
amount in words)…………………………………………… handed over to
the Contractor for the purpose of performance of the Contract, the
Contractor hereby undertakes to indemnify and shall keep SJVN Ltd
Section VIII–Contract Forms 25

indemnified, for the full value of the entire Equipment. The Contractor hereby
acknowledges actual receipt of the Equipment etc. as per dispatch title
documents handed over to the Contractor duly endorsed in their favour as
detailed in the Schedule appended hereto. It is expressly understood by
the contractor that handing over of the dispatch title documents in respect
of the said Equipments duly endorsed by SJVN Ltd 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 etc. in trust as a “Trustee” for and on behalf of SJVNL.

2 That the Contractor is obliged and shall remain absolutely responsible for
the safe transit/protection and custody of the Equipment at SJVN Ltd project
site against all contractors risks whatsoever till the Equipments are duly
used/erected in accordance with the terms of the Contract and the
plant/package duly erected and commissioned in accordance with the terms
of the Contract is taken over by SJVNL. The Contractor undertakes to keep
SJVN harmless against any loss or damage that may be caused to the
Equipments.

3. The Contractor undertakes that the Equipments shall be used exclusively for
the performance/execution of the Contract strictly in accordance with its
terms and conditions and no part of the equipment shall be utilized for any
other work of purpose whatsoever. It is clearly understood by the Contractor
that non-observance of the obligations under this Indemnity Bond by the
Contractor shall inter-alia constitute a criminal breach of trust on the part of
the Contractor for all intents and purpose including legal/penal
consequences.

4. That SJVN LTDIs and shall remain the exclusive Employer of the
equipments free from all encumbrances, charges or liens of any kind,
whatsoever. The Equipments shall at all times be open to inspection and
checking by the Project Manager or other employees/agents authorized by
him in this regard. Further, SJVN Ltd shall always be free at all times to take
possession of the Equipments in whatever form the Equipments may be, if
in its opinion, the equipments are likely to be endangered, misutilised or
converted to uses other than those specified in the contract, by any acts of
omission or commission on the part of the Contractor or any other person or
on account of any reason whatsoever and the Contractor binds himself and
undertakes to comply with the directions of demand of SJVN Ltd to return
the Equipments without any demur or reservation.

5. That this Indemnity Bond is irrevocable. If at any time any loss or damage
occurs to the Equipments or the same or any part thereof is misutilised in
any manner whatsoever, then the Contractor hereby agrees that the
decision of the Project Manager of SJVN Ltd as to assessment of loss or
Section VIII–Contract Forms 26

damage to the Equipment shall be final and binding of the Contractor. The
Contractor binds itself and undertakes to replace the lost and/or damaged
Equipments at its own cost and/or shall pay the amount of loss to SJVN
LTD without any demur, reservation or protest. This is without prejudice to
any other right or remedy that may be available to SJVN LTD 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 SJVN, 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

Particulars of Quantity Particulars of Value of the Signatures


the Dispatch title Equipments of
Equipments Documents Attorney in
handed over token of
RR/GR/Bill of Carrier receipt.
lading No. &
Date

For and on behalf of

………………………………….
(Contractor’s Name)
(Signature)…………………..

(Name)………………………

Designation of Authorized representative ….……

(Common Seal) …………………………..


(In case of Company)

WITNESS:

1. 1. Signatures………………….
Section VIII–Contract Forms 27

2. Name………………………

3. Address……………………

2. 1. Signatures………………….

2. Name………………………

3. Address……………………
- - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Indemnity Bond are to be executed by the authorized person and (i) In case of
contracting Company under common seal of the Company or (ii) having the
Power of Attorney issued under common seal of the company with authority to
execute Indemnity Bond, (iii) In case of (ii), the original Power of Attorney if it is
specifically for this Contract or a Photostat copy of the Power of Attorney if it is
General Power of Attorney and such documents should be attached to
Indemnity Bond
Section VIII–Contract Forms 28

Annexure-VII

FORM OF INDEMINITY BOND TO BE EXECUTED BY THE CONTRACTOR


FOR THE EQUIPMENT HANDED OVER IN INSTALMENTS BY THE
EMPLOYER FOR PERFORMANCE OF ITS CONTRACT
(Equipment handed over in installments)

(On non-judicial stamp paper of appropriate value)

INDEMINITY BOND

THIS INDEMINITY BOND is made this…………………………………………..


day of ………20………………… by ………………………………….(Contractor’s
Name ) a Company registered under the Companies Act, 1956/Partnership
firm/Proprietary concern having its Registered Office at
……………………………..(hereinafter called as ‘Contractor’ or Obligor” which
expression shall include its successors and permitted assigns) in favour of
SJVN Ltd., a Company incorporated under the Companies Act, 1956 having its
Registered Office at SJVN Corporate Head Quarter, Shanan, Shimla- 171006
(India)and its project at ………………….(hereinafter called “SJVNL” which
expression shall include its successors and assigns) :

WHEREAS SJVN Ltd has awarded to the Contractor a Contract for


…………………………… vide its Notification of Award/Contract
No………………….. dated …………………..and its Amendment
No……………………………and Amendment No….……………(applicable when
amendments have been issued)(hereinafter called the Contract”) in terms of
which SJVN Ltd is required t handover various Equipments 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
SJVN Ltd for the Equipments handed over to it by SJVN Ltd for the purpose of
performance of the Contract/Erection portion of the contract(hereinafter called
the ‘Equipments”)

NOW THEREFORE, This Indemnity Bond witnessed as follows:

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


valued at (Currency and amount in Figures)
………………………………………………………………(Currency and amount in
words)…………………………………………… handed over to the Contractor in
Section VIII–Contract Forms 29

installments from time to time for the purpose of performance of the Contract,
the Contractor hereby undertakes to indemnify and shall keep SJVN Ltd
indemnified, for the full value of the Equipments. The Contractor hereby
knowledge’s actual receipt of the initial installment of the Equipment etc. as per
details in the Schedule appended hereto. Further, the Contractor agrees to
acknowledge actual receipt of the subsequent installments of the Equipments
etc. as required by SJVN Ltd in the form of Schedules consecutively numbered
which shall be attached to this Indemnity Bond as to form integral parts of this
Bond. It is expressly understood by the Contractor that handing over of the
dispatch title documents in respect of the said Equipments duly endorsed by
SJVN Ltd 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 Equipments etc. in trust as a “Trustee” for and on behalf of
SJVN Ltd.

2. That the Contractor is obliged and shall remain absolutely responsible for the
safe transit/protection and custody of the Equipment at SJVN Ltd project site
against all Contractor risks whatsoever till the Equipments are duly
used/erected in accordance with the terms of the Contract and the
plant/package duly erected and commissioned in accordance with the terms of
the Contract is taken over by SJVNL. The Contractor undertakes to keep SJVN
Ltd harmless against any loss or damage that may be caused to the
Equipments.

3. The Contractor undertakes that the Equipments shall be used exclusively for
the performance/execution of the Contract strictly in accordance with its terms
and conditions and no part of the equipment shall be utilized for any other work
of purpose whatsoever. It is clearly understood by the Contractor that non-
observance of the obligations under this Indemnity Bond by the Contractor shall
inter-alia constitute a criminal breach of trust on the part of the Contractor for all
intents and purpose including legal/penal consequences.

4. That SJVN Ltd is and shall remain the exclusive Employer of the equipments
free from all encumbrances, charges or liens of any kind, whatsoever. The
Equipments shall at all times be open to inspection and checking by the Project
Manager or other employees/agents authorized by him in this regard. Further,
SJVN Ltd shall always be free at all times to take possession of the Equipments
in whatever form the Equipments may be, if in its opinion, the equipments are
likely to be endangered, misutilised or converted to uses other than those
specified in the contract, by any acts of omission or commission on the part of
the Contractor or any other person or on account of any reason whatsoever
and the Contractor binds himself and undertakes to comply with the directions
of demand of SJVN Ltd to return the Equipments without any demur or
reservation.
Section VIII–Contract Forms 30

5. That this Indemnity Bond is irrevocable. If at any time any loss or damage
occurs to the Equipments or the same or any part thereof is misutilised in any
manner whatsoever, then the Contractor hereby agrees that the decision of the
Project Manager of SJVN Ltd as to assessment of loss or damage to the
Equipment shall be final and binding of the Contractor. The Contractor binds
itself and undertakes to replace the lost and/or damaged Equipments at its own
cost and/or shall pay the amount of loss to SJVN Ltd without any demur,
reservation or protest. This is without prejudice to any other right or reedy that
may be available to SJVN Ltd 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 SJVNL, 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

Particulars of Quantity Particulars of Value Value of the Signatures


the Dispatch title Equipments of Attorney
equipments Documents in token of
handed over receipt.
RR/GR/Bill of Carrier
lading No. &
Date

(Please number subsequent schedules)

For and on behalf of……………………

(Contractor’s Name)

(Signature)…………………..
(Name)………………………
Designation of Authorized representative ….……
(Common Seal) …………………………..
(In case of Company)

WITNESS:
Section VIII–Contract Forms 31

1. 1. Signatures………………….

2. Name………………………

3. Address……………………

2. 1. Signatures………………….

2. Name………………………

3. Address……………………
- - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Indemnity Bond are to be executed by the authorized person and (i) In case of
contracting Company under common seal of the Company or (ii) having the
Power of Attorney issued under common seal of the company with authority to
execute Indemnity Bond, (iii) In case of (ii), the original Power of Attorney if it is
specifically for this Contract or a Photostat copy of the Power of Attorney if it is
General Power of Attorney and such documents should be attached to
Indemnity Bond
Section VIII–Contract Forms 32

Annexure-VIII
1 of 3
Real Time Gross Settlement (RTGS) Form
To

The Chief General Manager(F&A)


SJVN Ltd., ,
Shanan, Shimla-171006

Ref.: Authorisation for payments through Real Time Gross Settlement System

Dear Sir,
We. (complete address of the unit with postal code) hereby authorise SJVN Ltd. to
make all payments due to us through Real Time Gross Settlement (RTGS) system.
The details of facilitating the payments are given below:

(To Be Filled In Capital Letter)

1. NAME OF THE BENEFICIARY:

2. ADDRESS:

3. TELEPHONE NO. (WITH STD CODE)

4. FAX NO. (WITH STD CODE):

5. BANK PARTICULARS:
a) BANK NAME

b) BANK TELEPHONE NO. (WITH STD CODE):


Section VIII–Contract Forms 33

2of 3
c) BRANCH ADDRESS (WITH BRANCH CODE):

d) BANK FAX NO. (WITH STD CODE):

e) 9 DIGIT MICR CODE OF THE BANK BRANCH:


(ENCLOSED FOPY OF A CANCELLED CHEQUE)

f) RTGS CODE OF THE BANK:

g) BANK ACCOUNT NUMBER

h) BANK ACCOUNT TYPE (TICK ONE):

SAVIN CURREN LOA CASH CREDIT OTHERS


G T N
IF OTHERS, SPECIFY:

6. PERMANENT ACCOUNT NUMBER

7. E-MAIL ADDRESS FOR INTIMATION REGARDING RELEASE OF PAYMENTS:

It is certified that the particulars given above are correct and complete. If the transaction
is delayed or credit is not effected at all for reason of incomplete or incorrect
information. I/we would not hold the company responsible.
SIGNATURE
(NAME AND DESIGNATION)
OFFICICAL STAMP
Date:
Section VIII–Contract Forms 34

3 of 3

BANK CERTIFICATION:

It is certified that above mentioned beneficiary hold a Bank Account


No……………………… without branch and the Bank particulars mentioned above are
correct.

SIGNATURE
(NAME AND DESIGNATION)
OFFICICAL STAMP

Date:
Section VIII–Contract Forms 35

ANNEXURE-IX
REGISTRATION DETAILS OF GST OF BIDDERS

Registration details of various locations (called “Additional Place of Business” in


the registration process) of Suppliers / Customers of SJVN Ltd. including the
“Principle Place of Business”

Sr. No. Data Particular Data


1 Supplier / Recipient Code
2 Supplier / Recipient Name
3 Type of Supplier / Recipient (for Registered / Unregistered, Composite /
B2B Suppliers) Foreign / Casual / Consumer
(Strike out which is not applicable)
4 ARN No.
5 Prov. GSTIN / GSTIN (for B2B
Suppliers)
6 Registered address of the
Suppliers under GST along with
State code and PIN code
(for B2B Suppliers)
7 Address of the actual place of
supply/receipt of the contractor as
per contract with SJVN for the
supplier code given above.
(i.e.“Additional Place of Business”)
8 PAN
9 TAN
10 UID no. in case of Embassy/UN Not Applicable
11 Status of suppliers i.e. whether Not Applicable
SEZ, EOU, DTA, Government,
Local Authority
12 Contact Person
13 E-mail Address
14 Mobile No.
Phone No.
15 HSN / SAC code-wise details of all Contract HSN/SAC BOQ Item of
Supplies / Contracts pending No. Code Contract
settlement as on date.

Disclaimer:
1. It is intimated that SJVN Ltd. shall not be responsible in any manner, whatsoever,
for the failure of suppliers to claim any credit / off-set or any other benefit under
GST due to non-submission / incorrect or incomplete or late submission of GST
details vide above Annexure. SJVN Ltd. disclaims all liability (Current or future),
Section VIII–Contract Forms 36

penalty, interest etc. under the GST that may arise due to any such bid reason
whatsoever.
2. It is further intimated that the requested data will also be in the interest of all
suppliers for timely settlement of their bills.
Section VIII–Contract Forms 37

ANNEXURE-X

Contract Agreement

THIS AGREEMENT is made the ________ day of ________________________,


_____,
BETWEEN

(1) ______________________, a corporation incorporated under the laws of


___________ and having its principal place of business at ___________________
(hereinafter called “the Employer”), and (2) ______________________, a corporation
incorporated under the laws of ________________________ and having its principal
place of business at ________________________ (hereinafter called “the Contractor”).

WHEREAS the Employer desires to engage the Contractor to design, manufacture, test,
deliver, install, complete and commission certain Facilities, viz. _________________
(“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. 1.1 Contract Documents (Reference GC Clause 2)


Contract The following documents shall constitute the Contract
Documents between the Employer and the Contractor, and each shall
be read and construed as an integral part of the Contract:
(a) This Contract Agreement and the Appendices hereto
(b) Letter of acceptance
(c) Letter of Bid and Price Schedules submitted by the
Contractor
(d) Special Conditions of Contract (SCC)
(e) General Conditions
(f) Specification
(g) Drawings
(h) Other completed bidding forms submitted with the Bid
(i) Any other documents forming part of the Employer’s
Requirements
(j) Any other documents shall be added here
1.2 Order of Precedence (Reference GC 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.
Section VIII–Contract Forms 38

1.3 Definitions (Reference GC Clause 1)


Capitalized words and phrases used herein shall have the
same meanings as are ascribed to them in the General
Conditions.
Article 2. 2.1 Contract Price (Reference GC Clause 11)
Contract Price The Employer hereby agrees to pay to the Contractor the
and Terms of Contract Price in consideration of the performance by the
Payment Contractor of its obligations hereunder. The Contract Price
shall be the aggregate of: __________________,
_______________ as specified in Price Schedule No. 6
(Grand Summary), and_______________,
_________________, or such other sums as may be
determined in accordance with the terms and conditions of
the Contract.
2.2 Terms of Payment (Reference GC Clause 12)
The terms and procedures of payment according to which
the Employer will reimburse the Contractor are given in the
Appendix (Terms and Procedures of Payment) hereto.

Article 3. 3.1 Effective Date (Reference GC Clause 1)


Effective Date The Effective Date from which the Time for Completion of
the Facilities shall be counted is the date of issuance of
Letter of Acceptance.

Article 4. 4.1 The address of the Employer for notice purposes, pursuant
Communication to GC 4.1 is: ______________________.
s 4.2 The address of the Contractor for notice purposes, pursuant
to GC 4.1 is: ________________________.
Article 5. 5.1 The Appendices listed in the attached List of Appendices
Appendices shall be deemed to form an integral part of this Contract
Agreement.
5.2 Reference in the Contract to any Appendix shall mean the
Appendices attached hereto, and the Contract shall be read
and construed accordingly.

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 on behalf of the Employer


Section VIII–Contract Forms 39

[Signature]

[Title]

in the presence of

Signed by, for and on behalf of the Contractor

[Signature]

[Title]

in the presence of
Section VIII–Contract Forms 40

ANNEXURE XI

FORMAT FOR POWER OF ATTORNEY

(On Non-Judicial Stamp Paper of Appropriate to value)

Know all men by these presents we M/s ………………………………………., a


company organized and existing under the laws of (name of Place)
…………….…………… and having its registered/principal office /place of
business at…………………………………………..………..…… (the “Executant”)
do hereby nominate, constitute, authorize and appoint Mr. […………name of
attorney…………], son of [……………..…] and presently employed with
Executant as ……………..[Insert position of employment] as our true and
lawful attorney (the “Attorney”) to do in our name and on our behalf all or
any of the following acts, deeds and things in connection with carrying out
construction of 220 KV single zebra , Double Circuit Transmission line from 60
MW Naitwar Mori HEP Switchyard to 220KV HPPTCL network in Snail (Near
Kuddu, H.P.), Tender Specification No : SJVN/CHQ/ECD/NMHEP/T-Line/2021
invited by SJVN Ltd., having its registered office /principal place of business
at SJVN Corporate Office Complex, Shanan, Shimla-171006 (H.P.) India (the
“Client”) that is to say:

1. To prepare, offer, sign, submit and deliver to the Employer the Executant’s bid for
carrying out construction of 220 KV single zebra , Double Circuit Transmission
line from 60 MW Naitwar Mori HEP Switchyard to 220KV HPPTCL network in
Snail (Near Kuddu, H.P.), Tender Specification No : SJVN/CHQ/ECD/NMHEP/T-
Line/2021 including to make, sign, submit, deliver, execute, and accept all
documents, information, applications and other writings necessary for or
incidental to the signing, submission and delivery of the Bid to the Client;

2. To negotiate, enter into, sign and execute, accept and deliver all contracts
undertakings, acceptances and other writings consequent upon acceptance
of the Executant’s Bid and thereafter during the execution of the Contract;

3. Participate in bidders’ and other conferences and provide all information


required by the Client and to furnish/ seek clarifications arising out of or
relating to the work and, at any stage as well as upon award of the
contract consequent to the acceptance of the Executant’s Bid by the Client
and thereafter during the execution of the Contract;

4. To sign, represent and act on behalf of the Executant in respect of all


matters before the Client relating to the Executant to Bid and upon the
acceptance of the Executant’s Bid by the Client including the resultant
contract on such acceptance of the Executant’s Bid (the “Contract
Agreement”) in respect of all matters relating to or arising out of or
Section VIII–Contract Forms 41

concerning the Contract Agreement and to generally deal with the Client on
behalf of the Executant in all matters arising out of or in connection with or
relating to or arising out of the Executant’s Bid, the Contract Agreement in
the event of acceptance of the Executant’s Bid by the Client and thereafter during
the execution of the Contract;

5. And generally to do any and all other and further acts, deeds and things which
are necessary for or incidental to or deemed appropriate for more effectual
exercise of the powers hereby conferred. AND We, the Executant above named
do hereby agree and undertake to ratify and confirm and do hereby ratify and
confirm all acts, deeds and things lawfully done or caused to be done by our
said Attorney pursuant to and in exercise of the powers hereby conferred
and all acts, deeds and things done or caused to be done by our said Attorney
pursuant hereto shall always be deemed to be the acts, deeds and things done
by Executant personally.

IN WITNESS WHEREOF, THIS POWER OF ATTORNEY ON THIS [………]


DAY OF [………………..], [20…..]………………. ……………………………….

1. For M/s ……………….…………….


(The Bidder)
……………………………….
(Signature of the authorized representatives)

Name ……………………………….
Designation …………………………
Seal of the firm ……………………….

WITNESSES
1. …………………………………..
………………………………….
(Name & address)

Signature
…………….
2. …………………………………..
………………………………….
(Name & address)

Signature
…………………
Section VIII–Contract Forms 42

Note:
1.0 To be executed on Non-Judicial Stamp paper of Rs 100.

To be duly Notarize.
Section VIII–Contract Forms 43

APPENDICES

Appendix 1 Terms and Procedures of Payment


Appendix 2 Price Adjustment
Appendix 3 Insurance Requirements
Appendix 4 Time Schedule
Appendix 5 List of Subcontractors/Sub-Vendors
Appendix 6 Scope of Works and Supply by the Employer
Appendix 7 List of Documents for Approval or Review
Section VIII–Contract Forms 44

Appendix-1
Terms and Procedures of Payment

In accordance with the provisions of GC Clause 12 (Terms of Payment), the Employer


shall pay the Contractor in the following manner and at the following times, on the basis
of the Price Breakdown given in the section of Price Schedules/ billing break up
approved by SJVN. Payments will be made in INR on certification by Project Manager
unless otherwise agreed between the parties.

1.0 Terms of Payment

In addition to the Conditions stipulated under GC Clause 12, the following terms &
Conditions will apply.

1.1 Payment of plant and equipment


(a) Ten Percent (10%) of the total supply price (at Site) (as identified in Price schedule)
as interest bearing advance (If opted for ) within 30 days after submission of
following:-

(i) Three copies of Contractor's Commercial Invoice.

(ii) A copy of an irrevocable and unconditional Bank Guarantee for the equivalent to
110% value of advance payment valid till 90 days beyond the date of
completion of facilities

(iii) A copy of an irrevocable and unconditional Bank Guarantee for an amount equal
to three percent (3%) of the Contract price towards Contract Performance
Security initially valid till sixty (60) days after the expiry of defect liability period
of the last equipment covered under the package.

(iv) Certificate to the effect that contract agreement has been signed.

The advance shall be interest bearing which shall be based on yearly SBI
Marginal Cost of funds based Lending Rate (MCLR) plus margin of 200 basis
points (to be compounded monthly).

b) Five percent (5 %) of supply price (at Site) (as identified in Price Schedule or in
approved Billing Breakup as prepared subsequent to notification of award) on
approval/acceptance of Design/drawings of towers, type test reports of
towers/conductors/ H/W fittings payable proportionately to the contract price on
presentation of the following documents and after recovery of equivalent percentage
amount of advance alongwith interest (if applicable).

i) Three copies of commercial invoice.


ii) A copy of an irrevocable and unconditional Bank Guarantee for the amount equal
to three percent (3 %) of the Contract price towards Contract Performance
Security initially valid till sixty (60) days after the expiry of defect liability period of
Section VIII–Contract Forms 45

the last equipment covered under the package if not submitted earlier against sr.
no. 1.1 (a).
iii) Certificate to the effect that contract agreement has been signed.
iv) Certificate of completion of above activities issued by the Employer.

c) On Shipment
Forty percent (40%) supply price (at Site) of each item (as identified in Price
Schedule or in approved Billing Breakup as prepared subsequent to notification of
award), payable proportionately to the contract price of the items dispatched on
presentation of the following documents and after recovery of equivalent percentage
amount of advance alongwith interest (if applicable).

i) Three copies of commercial Invoice showing item description, quantity, unit rate,
amount and other requisite details.
ii) Three copies of packing list identifying contents of each package.
iii) Three copies of Material Despatch Clearance Certificate (MDCC) issued by the
Employer.
iv) Three copies of Insurance Policy / Certificate.
v) Certificate to the effect that Payment(s) claimed conform the Terms and
Conditions of the Contract Agreement and that said payment (s) had not been
claimed earlier.

The above documents shall be submitted by the Contractor to the Employer within
one week from date of shipment to enable the Employer to make progressive
payment to the contractor. The Contractor will be responsible for any consequent
expenses due to delay in furnishing the above documentation.

(d) Thirty per cent (30%) of supply price (at Site) (as identified in Price Schedule or in
approved Billing Breakup as prepared subsequent to notification of award), payable
proportionately to the contract price on delivery of items at Site on presentation of the
following documents and after recovery of equivalent percentage amount of advance
alongwith interest (if applicable):

(i) Three copies of commercial invoice showing item description, quantity, unit rate,
amount and other requisite details.
(ii) Acknowledgement of delivery challan by Employer that the material has arrived at
Site and further handing over to contractor at site .

(e) Ten percent (10%) of supply price (at Site) (as identified in Price Schedule or in
approved Billing Breakup as prepared subsequent to notification of award), shall be
paid in 04 equal instalments (2.5% each of supply price) on completion of each 25 %
completion of facilities after submission of following after recovery of equivalent
percentage amount of advance alongwith interest (if applicable):

(i) Three copies of commercial invoice.


Section VIII–Contract Forms 46

(ii) Completion certificate for which payment is claimed as issued by Employer.

(f)Ten per cent (10%) of supply price (at Site) (as identified in Price Schedule or in
approved Billing Breakup as prepared subsequent to notification of award), on
successful commissioning and mandatory clearances on submission of following and
after recovery of equivalent percentage amount of advance alongwith interest (if
applicable):

(i) Three copies of commercial invoice.


(ii) Completion Certificate issued by Employer.

(g) Five per cent (5%) of supply price (at Site) of each item (as identified in Price
Schedule or in approved Billing Breakup as prepared subsequent to notification of
award), on operational acceptance on submission of following and after recovery of
equivalent percentage amount of advance alongwith interest (if applicable):

(i) Three copies of commercial invoice.


(ii) Operational acceptance certificate issued by Employer.

(h) Payment for Taxes and Duties


GST or any other tax shall be applicable as per law, in respect of transaction
between Employer and the Contractor and local taxes as applicable for destination
site / state on all items of supply against documentary evidence. This payment shall
be released by Employer directly to the Contractor against invoices to be submitted
by the Contractor.

1.2 Payments for Installation Services (Civil Works, Erection, Commissioning &
Testing)

(a) Ten percent (10%) of installation services price as an interest bearing advance (if
opted) against irrevocable Bank Guarantee equivalent to 110% of advance
amount valid till 90 days beyond the date of completion of facilities and on
establishment of contractor’s site office at Project Site on submission of following
documents:-

i. Three copies of Contractor's Commercial Invoice.

ii. A copy of an irrevocable Bank Guarantee equivalent to 110% of advance amount


valid till 90 days beyond the date of completion of facilities.

iii. A copy of an irrevocable and unconditional Bank Guarantee for the amount equal
to three percent (3%) of the Contract price towards Contract Performance
Security initially valid till sixty (60) days after the expiry of defect liability period of
the last equipment covered under the package if not submitted earlier against sr.
no. 1.1(a) above.
Section VIII–Contract Forms 47

iv. A certificate to the effect that site office has been established by the contractor to
be issued by the Employer.

The advance shall be interest bearing which shall be based on yearly SBI
Marginal Cost of funds based Lending Rate (MCLR) plus margin of 200
basis points (to be compounded monthly).

(b) Two and half percent (2.5%) of installation services price (as per billing breakup
prepared and approved by Project Manager) on submission of survey report &
route final report (freezing line length) and L2 schedule as progressive payment on
pro rata basis on submission of following and after recovery of equivalent
percentage amount of advance alongwith interest (if applicable):

(i) Three copies of Contractor's Commercial Invoice.


(ii) Completion certificate of respective activity to be issued by Employer.

(c) Two and half percent (2.5%) of installation services price (as per billing breakup
prepared and approved by Project Manager) on submission of forest clearance
papers, revenue papers for forest clearances and land acquisition, tower spotting
data, protection drawings, benching details, BOQ details as progressive payment
on pro rata basis on submission of following and after recovery of equivalent
percentage amount of advance alongwith interest (if applicable):

(i) Three copies of Contractor's Commercial Invoice.


(ii) Completion certificate of respective activity to be issued by Employer.

(d) Eighty percent (80%) of installation services price (as per billing breakup prepared
and approved by Project Manager) on completion of following activities on
submission of three copies of Contractor's Commercial Invoice and Completion
certificate of respective activity to be issued by Employer and after recovery of
equivalent percentage amount of advance alongwith interest (if applicable):

(i) 20% of installation services shall be paid in 04 instalments (of 5% each) on


completion of every 25% of the total foundation of towers.

(ii) 20% of installation services shall be paid in 04 instalments (of 5% each) on


completion of every 25% of the total erection of towers.

(iii) 20% of installation services shall be paid in 04 instalments (of 5% each) on


completion of every 25% of the total stringing of transmission line.

(iv) 20% of installation services shall be paid in 04 instalments (of 5% each) on


completion of every 25% of the total earthing and protection and over all
complete erection, protection works including barbed wire , danger plates
etc. complete in all respect as per TS for the complete line .
Section VIII–Contract Forms 48

(e) Ten per cent (10%) of installation services price (as per billing breakup prepared
and approved by Project Manager) on completion of all clearances data required for
erection, testing and commissioning of line and on submission of following and after
recovery of equivalent percentage amount of advance alongwith interest (if
applicable).

i) Three copies of Contractor's Commercial Invoice.


ii) Completion of activity certificate issued by Employer.

(f) Balance Five per cent (5%) of installation services price (as per billing breakup
prepared and approved by Project Manager) on operational acceptance and on
submission of following and after recovery of equivalent percentage amount of
advance alongwith interest (if applicable):

i) Three copies of Contractor's Commercial Invoice.


ii) Operational acceptance certificate issued by Employer.

(g) Payment for Taxes and Duties

GST or any other tax, as applicable shall be paid on production of GST invoice as per
GST rule/ACT.
Section VIII–Contract Forms 49

Appendix – 2
PRICE ADJUSTMENT

The rate shall FIRM during the currency of contract.


Section VIII–Contract Forms 50

Appendix – 3

INSURANCE REQUIREMENTS

Insurance to be taken out by the Contractor

In accordance with the provisions of GC Clause 34, the Contractor shall at its expenses
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 sums and with
the deductions 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 be
unreasonably withheld.

(a) Cargo Insurance

covering loss or damage occurring, whilst in transit from the Contractor’s or


manufacturer’s works or stores until arrival at the Site, to the Facilities (including
spare parts thereof) and to the Construction Equipment to be provided by the
Contractor or its Subcontractors/Sub-vendor.

Amount Deductible Parties From To


limits insured
125% of the Ex-works NIL Contractor Warehouse Warehouse +
plus inland insurance and & 60 days.
inland transportation Employer
Price value.

(b) Installation All Risks Insurance.

Covering physical loss or damage to the Facilities at the Site, occurring prior to
Completion of the Facilities, with extended maintenance coverage for the
Contractor’s liability in respect of any loss or damage occurring during the Defect
Liability Period while the Contract is on the Site for the purpose of performing its
obligations during the Defect Liability Period.

Amount Deductible Parties insured From To


limits
125% of the NIL Contractor/Sub- Receipt Upto Operational
(Contract Price) Contractor & at site Acceptance + with
Employer extended
maintenance
coverage for the
Contractor’s
liability in respect
of any loss or
damage occurring
Section VIII–Contract Forms 51

during the Defect


Liability Period

(c) Third Party Liability Insurance

Covering 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 connection with the supply and installation of the Facilities.

Amount Deductible Parties From To


Limits Insured
Rs.0.5 million NIL Contractor / Commencement Upto Defect
per person Sub- of work Liability
with Contractor period
aggregate
limit of 12.5
million per
occasion

Note: Deductible limit under various insurances defined under Appendix-3


shall be as per IRDAI guidelines.

(d ) All other insurances statutorily mandated are to be taken by the Contractor and its
Sub-contractor.

The Employer shall be named as co-insured under all insurance policies taken out by
the Contractor pursuant to GC Sub-Clause 34.1, except for the Third Party Liability and
the Contractor’s Subcontractors shall be named as co-insureds under all insurance
policies taken out by the Contractor pursuant to GC Sub-Clause 34.1, except for the
Cargo and Employer’s Liability 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.

(e) Insurances to be taken by the Employer


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

Amount Deductible Parties From To


limits insured
------------NIL-----------
Notes :
 In case of delay in scheduled completion of all the facilities, the contractor will
extend the Insurance Cover for (b) and (c) mentioned above.
Section VIII–Contract Forms 52

 The insurance cover should include the provision for war, SRCC, terrorism with
replacement clause, special replacement clause (air-duty) and deferred
unpacking clause with additional perils of air freight cover, extra charge cover,
maintenance cover, contractor’s plant and machinery of adequate value and
cross liability.
 Notwithstanding the insurance requirements mentioned above, it would be the
Contractor’s responsibility to take adequate insurance cover as may be pertinent
to protect his interest and interest of the Employer.
 Any loss or damage to the plant and equipment during handing, transportation,
storage, erection, putting the equipment into satisfactory operation and all
activities to be performed till the “Completion of Facilities” shall be to the account
of the contractor. The contractor shall be responsible for preference of all claims
and make good the damages or loss by way of repairs and/or replacement of
plant and equipment damaged or lost. Notwithstanding the extent of insurances
cover and the amount of claim available from the underwriter, the contractor
shall be liable to make good the full replacement/rectification of all the
equipment/materials and to ensure their availability as per project requirement
without additional financial liability to the Employer.
 The insurance should be in INR and insurance policy to be taken should be on
replacement value basis and/or incorporation insurance clause.
 The Contractor shall follow local acts and laws as may be prevalent for
insurance.
Section VIII–Contract Forms 53

Appendix - 4

Time Schedule

1 The Completion Schedule shall be as follows :-

Time for completion;


[Link] Activity Duration in months
from the effective date
of contract.
1 Construction of 220 KV single zebra , Timelines of activity
Double Circuit Transmission line from 60 specified as per BDS i.e
MW Naitwar Mori HEP Switchyard to Within 12 months from
220KV HPPTCL network in Snail (Near the date of LOA
Kuddu, H.P.)
 The bidder shall include in his proposal his programme for furnishing and
installation of the equipment covered under this package. The programme
shall be in the form of a master network (MNW) and shall identify the various
activities like design, engineering, manufacturing supply, installation, factory
testing, transportation to site, site testing and commissioning and operational
acceptance etc. of the all units. The network shall conform to the above
completion schedule. This master network will be discussed and agreed
before Award in line with above, engineering drawing and data submission
schedule shall also be discussed and finalized before Award. Liquidated
damages for delay in successful Completion at rates specified in Clause 26
of GC shall be applicable beyond the date specified above.

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

 The successful Bidder shall be required to prepare detailed Network(s) and


Project implementation plans & programmes including resource loading (men
material and machine made) in primavera software and finalize the same with
the Employer as per requirement specified in Technical Specifications, which
shall form a part of the Contract.

 The successful bidder shall ensure the availability of all resources, viz.
equipment and manpower as per schedule.
Section VIII–Contract Forms 54

APPENDIX – 5

List of proposed Sub-Contractor/Sub vendor


Full details shall be given of the part of the Works to be executed, and the names and
addresses of the Sub-Contractor/Sub vendor to whom the part of the Works is to be
sub-contracted by the Bidder. Where more than one name is given for any part of the
Work, the Bidder shall be free to select any of the named Sub-Contractor/Sub-vendor
for that part.
.
a) Supply

Item of Work Sub-Contractor/Sub vendor

b) Services

Item of Work Sub-Contractor/Sub vendor

In accordance with Clause GC 19.1, the Contractor is free to submit proposals for
additional Sub-Contractor/sub-vendor from time to time. No Sub-Contracts shall be
placed with any such additional Sub-Contractor/Sub-vendor until they have been
approved in writing by the Employer and their names added to this list of Approved Sub-
Contractor/sub-vendor.

.
Section VIII–Contract Forms 55

APPENDIX –6
SCOPE OF WORKS AND SUPPLY BY THE EMPLOYER

NIL
Section VIII–Contract Forms 56

APPENDIX –7

LIST OF DOCUMENTS FOR REVIEW AND APPROVAL

A Approval

1. Billing breakup of all equipments shall be got approved


before commencement of supplies as per contract provisions

2. Communication and coordination procedure.

3. Technical and any other documents required as per


provisions of contract document.

Above documents will be approved as per provisions of contract


documents

B Review

Documents will be reviewed as per provisions of contract


documents.

Note: This list of documents required for approval/review by the


Employer shall be as per bidding document and as finalized
during the contract stage.

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