1contract Forms
1contract Forms
APPENDICES
ANNEXURE- I
{Refer ITB Clause-18}
(To be executed on Letter head of the Sole Bidder, Joint Venture (JV))
(Bid Security Declaration)
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bidder, [Name of the bidder], either Sole Bidder or in JV, shall not be withdrawn or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withdrawn or varied any term & condition in regard hereto during the period of bid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.
* 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)
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
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
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.
3.1 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.
3.5 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.
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
4.2 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.
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
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.
7.1 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
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.
10.3 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
Designation
Place---------------- Place--------------
Date--------------- Date--------------
Witness1.__________________ Witness1.___________________
2.__________________________ 2.__________________________
Annex-A
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
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)
UNDERTAKING
ANNEXURE- III
(To be stamped in accordance with Stamp Act, if any, of the Country of the issuing
Bank)
(Employer address)
Dear Sirs,
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
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]
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.
Title
(Project Manager)
Section VIII–Contract Forms 23
ANNEXURE-V
7. Form of Operational Acceptance Certificate
Date:
NCB No.:
[Name of Contract]
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.
Title
(Project Manager)
Section VIII–Contract Forms 24
Annexure-VI
INDEMINITY BOND
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
………………………………….
(Contractor’s Name)
(Signature)…………………..
(Name)………………………
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
INDEMINITY BOND
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
(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
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:
2. ADDRESS:
5. BANK PARTICULARS:
a) BANK NAME
2of 3
c) BRANCH ADDRESS (WITH BRANCH CODE):
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:
SIGNATURE
(NAME AND DESIGNATION)
OFFICICAL STAMP
Date:
Section VIII–Contract Forms 35
ANNEXURE-IX
REGISTRATION DETAILS OF GST OF BIDDERS
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
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.
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.
[Signature]
[Title]
in the presence of
[Signature]
[Title]
in the presence of
Section VIII–Contract Forms 40
ANNEXURE XI
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;
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.
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
In addition to the Conditions stipulated under GC Clause 12, the following terms &
Conditions will apply.
(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).
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):
(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):
(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):
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:-
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):
(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):
(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):
(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).
(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):
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
Appendix – 3
INSURANCE REQUIREMENTS
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.
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.
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.
(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.
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
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 ensure the availability of all resources, viz.
equipment and manpower as per schedule.
Section VIII–Contract Forms 54
APPENDIX – 5
b) Services
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
A Approval
B Review