Why is the digital signature certificate crucial in the e-tender process, and what could be the consequences of its absence?

A Digital Signature Certificate (DSC) is crucial in the e-tender process because it is mandatory for the submission of bids; without it, the system will not accept the bid submissions . Digital signatures ensure the authenticity and integrity of the submitted bids by verifying the identity of the bidder, thereby preventing fraud and ensuring that the submitted bids are legally binding . The absence of a DSC can lead to the rejection of the bid, as the submission process cannot be completed without digitally signing the bids . Additionally, failing to use a DSC could result in the bidder being excluded from the tender process, thus missing the opportunity to participate in the contract award .

What are the responsibilities of the contractor concerning site safety and retention of equipment during the solar project construction?

The contractor is responsible for ensuring safety at the construction site by organizing the work to prevent endangerment of workmen and providing temporary access as required for the erection work . They must set up a suitable safety organization at the site, adhere to statutory safety, health, and pollution control measures, and are liable for any accidents due to negligence, including compensating for injuries . The contractor must also provide necessary safety equipment like shoes, helmets, and life-saving jackets and ensure their workers do not work without these safety measures . Regarding equipment, the contractor is prohibited from disposing of or transporting any tools, tackles, or materials without prior written approval from the purchaser . The contractor must maintain insurance coverage for equipment against risks until the plant is provisionally taken over by the purchaser and is liable for any loss or damage during handling, transportation, storage, or erection .

Identify the importance and process of obtaining a point of connection approval from the appropriate authorities before project operation.

Obtaining approval for a point of connection is crucial for ensuring that a solar power plant can safely and legally connect to the grid before the plant is charged or made operational. This involves coordination with statutory authorities such as the Central Electricity Authority (CEA) to comply with national and state regulations. The process includes submitting detailed drawings, technical documents, and necessary applications to these authorities. The contractor must assist in preparing these documents and coordinate with relevant authorities to expedite the approval process . This approval is essential to ensure that the power evacuation system and other installations meet the required standards and regulations, thereby facilitating the seamless integration of the solar power plant into the existing electrical grid .

Explain the process required for the contractor to ensure compliance with performance guarantee tests during the project.

To ensure compliance with performance guarantee tests, the contractor must conduct a demonstration by commissioning engineers/specialists and carry out successful tests for 90 days following the Scheduled Commercial Operation Date (SCOD). The contractor must also complete the PG within one year from the SCOD and ensure the warranty for the inverters and other equipment is honored as per the contract requirements .

What is the significance of maintaining electronic bids with digital signatures, and how does the system enforce this?

Maintaining electronic bids with digital signatures is significant as it ensures the authenticity and integrity of the submitted bids, making them legally binding . This system enforces digital signature requirements by rejecting any bids not digitally signed, thereby maintaining strict adherence to security protocols . Moreover, the digital signature provides a verifiable means of ensuring that the bid comes from the genuine bidder and has not been tampered with, reinforcing the credibility of the e-tendering process . Any unsigned or improperly signed bids are deemed non-responsive, and the system does not accept them .

How should a contractor address and coordinate field operations and schedules with the purchaser/consultant?

The contractor must keep the purchaser/consultant informed in advance about field activity plans and schedules. Regular updates, coordination meetings, and adherence to decisions taken in these meetings are vital for scheduling and resolving any operational disputes. Despite this coordination, the contractor retains full responsibility for meeting all field activity obligations .

What are the contractor's obligations regarding coordination with other tradesmen and contractors on-site?

Contractors must minimize interference with other contractors and tradesmen, promptly addressing any injuries or damages related to their work. The contractor should notify the purchaser/consultant of any discrepancies or potential delays caused by other contractors and resolve conflicts as directed by the purchaser/consultant .

What actions are required from a contractor in case of receiving corrigendum or amendments after bid submission?

Upon receiving corrigendum, amendments, or errata, the bidder must retrieve the submitted bid from the 'Saved bid' status and update it accordingly based on the new information. The updated bid must then be resubmitted before the bid closing date to ensure compliance with the new specifications; otherwise, the bid could be deemed non-compliant .

How must a contractor handle discrepancies in the work observed after project handover?

If a part of the contractor's work depends on another contractor's work, the contractor must inspect and report any defects unsuitable for proper execution promptly. Failure to do so constitutes acceptance of the previous work, except for defects developing post-completion. The contractor must inspect any preceding work execution and provide a written report to rectify discrepancies .

Describe the escalation procedures for equipment faults during the AMC period.

During the AMC period, if a breakdown occurs, the Original Equipment Manufacturer (OEM) must send a representative within 72 hours to address the issue. For minor faults, not affecting generation, such as communication or display issues, a seven-day rectification window is provided to fix the faults .

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Solar RFP (NLP)

NLC India Limited is inviting online bids for the Balance of System (BOS) works for an 810 MW solar project in Rajasthan, which includes engineering, procurement (excluding solar PV modules), construction, and operations & maintenance for three years. The tender includes two blocks of 410 MW and 400 MW, with a bid guarantee of approximately Rs. 3.11 crore for each block and a non-refundable tender document cost of Rs. 20,000. Key dates include a pre-bid meeting on January 28, 2025, and the submission deadline for bids on February 10, 2025.

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RAJ the mistry man

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Topics covered

Contractor Responsibilities,
Eligibility Criteria,
Quality Assurance,
Insurance Requirements,
Inspection and Testing,
Financial Criteria,
Performance Guarantee,
Electrical Works,
Financial Evaluation,
Force Majeure

0% found this document useful (0 votes)

446 views481 pages

Solar RFP (NLP)

Uploaded by

RAJ the mistry man

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

Topics covered

Contractor Responsibilities,
Eligibility Criteria,
Quality Assurance,
Insurance Requirements,
Inspection and Testing,
Financial Criteria,
Performance Guarantee,
Electrical Works,
Financial Evaluation,
Force Majeure

NLC INDIA LTD

‘Navratna’ - Government of India Enterprise

Block-1, NEYVELI - 607 801, Cuddalore District, Tamil Nadu, INDIA.

OFFICE OF THE CHIEF GENERAL MANAGER/CONTRACTS

CORPORATE OFFICE

DOMESTIC COMPETITIVE BIDDING

THROUGH e-TENDER & e- REVERSE AUCTION

TENDER DOCUMENT
FOR
BOS WORKS FOR SETTING UP OF 810 MW (410MW & 400MW ) SOLAR
PROJECT IN RVUNL SOLAR PARK AT PUGAL, BIKANER DISTRICT,
RAJASTHAN UNDER ENGINEERING, PROCUREMENT (EXCLUDING SUPPLY
OF SOLAR PV MODULES) & CONSTRUCTION WITH O&M FOR A PERIOD OF
03 YEARS

VOLUME – IA

INVITATION FOR BID

Tender No. CO CONTS/0001T/810 MW (410MW&400MW) Solar/BOS/e-Conts/2025,

Dt.08.01.2025

Phone: 04142-212308/218588
Website: www.nlcindia.in E-Mail: [email protected]

Registered Office: 135, E.V.R. Periyar High Road, Kilpauk, Chennai- 810 010.

Page 1 of 481
This Document has been digitally signed.
BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

TENDER SPECIFICATION - ALL VOLUMES

OVERALL CONTENTS

Sl. No Volume Description

1. IA Invitation for Bid

2. IB Commercial – Draft Contract

3. II Technical Specification

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

VOLUME – IA

COMMERCIAL

TABLE OF CONTENTS
Sections Description Page No.
SCHEDULE OF TENDER (SOT)
Section 1 NOTICE INVITING BID
1.0 Invitation for Bid 9
1.1 Brief Scope of Work 10
2.0 Pre-Qualification Requirement (PQR) for the Bidders 10
3.0 Documentary Evidence 13
4.0 Notes 13
5.0 Other Conditions 15
6.0 Public Procurement Policy (Preference to Make in India) 16
7.0 Time Schedule 23
8.0 Bid Guarantee 23
9.0 Bid Submission & Opening conditions 24
10.0 Special Note and Information Regarding the Tender 25
Section 2 GENERAL PROJECT INFORMATION
2.0 General Project Information 28
Section 3 INSTRUCTIONS TO BIDDERS
3.1 Introduction 29
3.2 Language of the Bid 30
3.3 Scope of Work 30
3.4 Time Schedule 31
3.5 Tender Specifications 31
3.6 Instruction to bidders for submission of Online Bids through E- 31
Tender

3.7 Bid Submission and Opening 35

3.8 Part-I - Bid Guarantee, Qualifying Requirements, Technical & 36

Commercial Aspects (Without Prices)
3.9 General 42

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

3.10 Signature of Bids 43

3.11 Clarification / Corrigendum /Amendment of Tender Specification 43
3.12 Modification of Bids 43
3.13 Information to be furnished with the Bid 43
3.14 Policy for Bids under consideration 44
3.15 Validity of Bid 44
3.16 Understanding & Clarifications on Documents & Specifications 44
3.17 Latest Hour for Receipt of Bids 45
3.18 Single Bidder Responsibility 45
3.19 No Claim for Compensation for Submission of Bid 45
3.20 Purchaser‟s Right to Accept Bid 45
3.21 Deputation of Representatives for Discussion 46
3.22 Price Basis 46
3.23 Evaluation of Bid 46
3.24 Technical Loading / Adjustment 48
3.25 Total Capital Expenditure (CE) 48
3.26 Evaluation Methodology (Post Award Adjustment) 48
3.27 Local Conditions 50
3.28 Déviations 51
3.29 Suspension/Banning/Debarment 51
3.30 Signing of Contract 52
3.31 Agency Commission 52
3.32 Priority of Documents 52
3.33 Contract Performance Bank Guarantee (CPG) 53
3.34 Contract Quality Assurance 53
3.35 Codes & Standards 54
3.36 Drawing List 54
3.37 Standardisation & Variety Reduction 54
3.38 Vital Clauses 54
3.39 Pre-bid Meeting 55
3.40 Rules for Reverse Bidding /Auction 55

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

ANNEXURES TO SECTION-3
ANNEXURES DESCRIPTION Page No.

Annexure – A Format of Bank Guarantee towards Bid Guarantee 60

Annexure - B Form of Bid, Part-I (Techno-commercial Bid) 62

Annexure - C Form of Bid, Part-II (Price Bid) 64

Annexure – D Format of Affidavit 65

Annexure – E Integrity Pact Programme 66

Annexure – F Joint Deed of Undertaking (JDU) 72

Annexure – G Proforma for Letter of Undertaking from the Holding 75

Company
Annexure - H Proforma of certificate from the CEO/CFO 76

Annexure - I Form of Insurance Surety Bond towards Bid Guarantee 77

SECTION – 4
LIST OF FORMS
Sl.No Details Page No.
I PRE-QUALIFYING REQUIREMENT FORMS
1 Pre-Qualifying Requirement (PQR) 80
2 Group Company / Holding Company/Subsidiary company details 84
3 Bidder‟s experience 85
4 Bid Guarantee 87
5 Cost of Tender Document 89
II Technical Forms
1 Acceptance for Technical Specification and Conditions 90
2 Sub vendors to be proposed by the bidder for the project 91

III Commercial Forms

1 Form of Bid-Part-I 95
2 Affidavit 97
3 Public Procurement Policy (Make in India) form 99
4 Acceptance for Commercial Conditions 100
5 Bidder‟s details 101
6 Check List for Bid Submission 102
7 Form of Bid-Part-II 103

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

SECTION – 5

SCHEDULES

Sl.No Details Page no

Schedule - F1 Table-1 Schedule of Prices for BOS Works for Setting up of 105
810 MW Solar Power Project

Schedule - F1 Table-2 Price breakup of O&M for 3 years 109

Schedule – F2 Overall time schedule for BOS package of 810 MW 110

Solar power project
Schedule – F3 Deviation schedule to Draft Contract-Not Applicable 111

Schedule – F4 Deviation schedule to Technical Specification-Not 112

Applicable
Schedule – F5 Requirements of the Contractor at site – Not applicable 113

Schedule – F6 Contractor‟s Resource Deployment Schedule 114

Schedule – F7 Schedule of weights & dimensions– Not applicable 115

Page 6 of 115
Page 6 of 481
This Document has been digitally signed.
BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

LIST OF ACRONYMS

APG Advance Payment Bank Guarantee

BG Bank Guarantee
BOS Balance of System
C&I Control & Instrumentation
Cl. Clause
CIF Cost, Insurance & Freight (Incoterms 2010)
CPG Contract Performance Bank Guarantee
CTU Central Transmission Utility
DD Demand Draft
DJU Deed of Joint Undertaking
EOI Expression of Interest
EPC Engineering, Procurement & Construction
FOB Free on Board (Incoterms 2010)
FTP Foreign Trade Policy
GST Goods and Services Tax
IDT Inverter Duty Transformer
IFB Invitation for Bid
IST Indian Standard Time
ISTS Inter State Transmission System
INR Indian Rupees
JV Joint Venture
kW Kilo Watt (Power)
LOA Letter of Award
LTA Long Term Access
MW Mega Watts (Power)
NLCIL/NLC NLC India Limited
OTGT O&M Target Generation Test
SCOD Scheduled Commercial Operation Date
SPP Solar PV Power Project
PERT Project Evaluation and Review Technique
PSU Public Sector Undertaking
PTO Provisional Take Over
PAT Performance Assessment Test
PG Performance Guarantee
RBI Reserve Bank of India
NIRL NLC India Renewables Limited

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

SCHEDULE OF TENDER (SOT)

Sl. Description Details

No.
Tender No. CO CONTS/0001T/810 MW (410MW&400MW)
i. Solar/BOS/e-Conts/2025, Dt.08.01.2025

BOS Works for Setting up of 810 MW (410MW &

400MW ) Solar Project in RVUNL Solar Park at Pugal ,
ii. Name of the work Bikaner District, Rajasthan Under Engineering,
Procurement (Excluding Supply of Solar PV Modules) &
Construction with O&M for a Period of 03 Years
iii. Mode of Tender e-Tendering (Two cover system)
Rs. 20,000/- (Rupees Twenty Thousand only)
iv. Cost of Tender Document
Non-refundable
Bid Guarantee for 410MW Rs. 3,11,66,000- (Rupees Three Crore Eleven Lakh and
v.
& 400 MW each block Sixty Six Thousand Only) for each block separately.
28.01.2025 at 11.00 Hrs. (IST) through Video Conference
vi. Date of Pre-Bid Meeting
(VC)
Last Date & Time of
submission of on line Bids
vii. 10.02.2025 at 14.30 hrs. (IST)
(Part-I, Part-II ) and
Physical cover
Date & Time of opening of
viii. 10.02.2025 at 15.00 hrs. (IST)
Part-I and Physical Cover
Date & time of opening of
ix. To be informed later
Price Bids (Part-II)

x. Date of e-Reverse Auction To be informed later

*********

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

SECTION – 1
NOTICE INVITING BID
DOMESTIC COMPETITIVE BIDDING

CO CONTS/0001T/810 MW (410MW&400MW) Solar/BOS/e-Conts/2025, Dt.08.01.2025

1.0 Iinvitation for Bid

Online Bids in English are invited by NLC India Limited, Neyveli on behalf of NLC
INDIA RENEWABLES LIMITED(NIRL) for “BOS Works for Setting up of 810 MW
(410MW & 400MW ) Solar Project in RVUNL Solar Park at Ramsar Chhota,
Bandarewala & Barala ,Tehsil Pugal, District Bikaner, Rajasthan Under Engineering,
Procurement (Excluding Supply Of Solar Pv Modules) & Construction along with
O&M for a period of 03 Years” in Two Part system (Part-I and Part-II) followed by
Reverse Bidding.
i) BOS package of 810MW is intended to develop as a two blocks (Block 1 -
410MW & Block 2 - 400MW).
ii) This 810 MW Solar Power Project is intended to be developed by NLCIL through
its wholly owned subsidiary M/s. NLC India Renewable Energy Limited as details
given below.

Rs 20,000/- (Rupees Twenty Thousand

i). Cost of tender document
only) Non-refundable
Rs. 3,11,66,000- (Rupees Three Crore
Bid Guarantee for
ii). Eleven Lakh and Sixty Six Thousand
410MW/400MW each block
Only) for each block separately
Date of Pre-Bid Meeting 28.01.2025 at 11.00 Hrs. (IST) through
iii).
Video Conference (VC)
Last Date & Time of submission
iv). of online Bids (Part-I, Part-II) and 10.02.2025 at 14.30 hrs. (IST)
Physical cover
Date & Time of opening of Part-I
v). 10.02.2025 at 15.00 hrs. (IST)
and Physical Cover
Note:

1. The points for discussion shall be furnished in advance to pre-bid

meeting to the e-mail ID: [email protected]
2. Bidders who are interested to participate in the Pre-bid Meeting may
send their request to [email protected] furnishing
Company name and address, Name of the authorized person to attend
pre-bid meeting, contact number and e-Mail ID to enable us to send
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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

the link for participating in the Pre-bid meeting.

3. For further details, please visit our website: www.nlcindia.in, NeAT
portal: https://procure.nlcindia.in or Central Public Procurement
Portal (CPPP) of Government of India website: www.eprocure.gov.in
or contact:

The Chief General Manager/Contracts,

Corporate Office, NLC India Ltd.,
Block-1, Neyveli– 607 801., Tamil Nadu.
Phone: 04142 – 212308/ 218588.
E-Mail : [email protected]
1.1. Brief Scope of Work
The entire scope of work (excluding supply of Solar PV Modules) shall be carried out by
the contractor on Lump-sum turnkey basis.
The scope of work includes the Design, Engineering, Site development, Manufacture,
Inspection at supplier‟s works, Supply, Insurance, Transport, Storage, Erection,
Installation, Testing & Commissioning of the total capacity of 410MW/400MW SPP and
the Evacuation System up to the Point of Connection (i.e., 33KV side of 33/400KV
Park Pooling Sub Station (PSS)) Except Supply of Solar PV Modules.
The scope also includes necessary arrangements and support to enable SPD to Declare
Scheduled Commercial Operation Date (SCOD) after entire commissioning of SPP with
DC overloading and conducting PG Test for 90 days. The scope also includes Operation
& Maintenance (O&M) of entire SPP up to Point of connection, at free of cost for the
warranty period of 12 months from SCOD and paid O&M for 3 years from the date of
completion of the warranty period. In addition, Scope also includes, Annual
Maintenance Contract (AMC) of Inverter, SCADA, CCTV and Dry robotic cleaning
system for Six (6) years starting from 5th year to 10th year (i.e., on completion of 03
years paid O&M of 410MW/400MW SPP).
This Scope of Work is indicative only. Detailed Scope of Work is contained in
Volume-II (Technical Specification).

2.0 Pre-Qualifying Requirements (PQR) for the Bidders:

TECHNICAL CRITERIA:

Bidder shall meet the technical requirements either in clause 2.1 or 2.2 or 2.3 or 2.4
below:
2.1. Route-I:
The Bidder should have designed, supplied, erected/ supervised erection and
commissioned/ supervised commissioning of Balance of System Package/ Solar power
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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

project for Solar Photo Voltaic (SPV) based grid connected power plant(s) of cumulative
installed capacity of 40MWp or higher in maximum of 4 agreements/orders, out of which at
least one plant should have been of 10 MWp or higher capacity. The reference plant of
10MWp or higher capacity must have been in successful operation for at least six (6)
months prior to the date of techno-commercial bid opening (i.e., Part-I Bid Opening).

2.2. Route-II
The Bidder should be a developer of Solar Photo Voltaic (SPV) based grid connected
power plant(s) of cumulative installed capacity of 40 MWp or higher in maximum of 4
agreements/orders, out of which at least one plant should have been of 10 MWp or higher
capacity. The reference plant of 10 MWp or higher capacity must have been in successful
operation for at least six (6) months prior to the date of techno-commercial bid opening
(i.e., Part-I Bid Opening).

2.3. Route-III:
2.3.1.The Bidder should have executed in the last ten (10) years an industrial project either as
developer or as EPC Contractor in the area of Power/ Solar Power/ Steel/ Oil and Gas/
Petrochemicals/ Fertilizer/ Cement/ Coal mining including coal handling plant / Rail/
Ports/ Bridges/ any other Infrastructural projects of Contract value as specified in the
Table below, in a single project or single work and the same should be in successful
operation for at least one (1) year prior to the date of techno- commercial bid opening
(i.e., Part-I Bid Opening).
No of Blocks Contract value

Single block (410MW or 400MW) Rs. 125 crores

Both block (410MW and 400MW) Rs. 250 crores

(AND)
2.3.2. The Bidder should have executed at least one (1) Electrical Sub-station of 33 kV or above
voltage level, consisting of equipment such as 33kV or above voltage level circuit
breakers and Power transformer, either as developer or as EPC Contractor which should
be in successful operation for at least one (1) year prior to the date of techno-commercial
bid opening (i.e., Part-I Bid Opening).

Note: The works referred at clause 2.3.1 (as applicable) & 2.3.2 can be in same or
different projects.

2.4. Route-IV:
The bidder should be an Indian company registered in India and should be a Group
Company/Holding Company/ Subsidiary Company of a firm meeting the requirement
stipulated in clause 2.1 (Route-I) or 2.2 (Route-II) or 2.3 (Route-III) above. In such a case,
Bidder shall furnish a Joint Deed of Undertaking (JDU) jointly executed by the firm
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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

qualified as per the clause 2.1 (Route-I) or 2.2 (Route-II) or 2.3 (Route-III) and the Bidder
along with its bid for complete performance of the contract jointly or severally as per the
format enclosed in the bid documents shall only be furnished without financial backup BG
in the bid document failing which the Bidder‟s bid will be rejected.
2.5. Financial Criteria:
2.5.1.The Bidder shall have Positive Net Worth as per the latest audited financial statements
individually.
2.5.2.The average annual turnover of the Bidder, should not be less than as mentioned in the
table below, during the preceding three (3) financial years as on the original scheduled
date of tender opening.
No of Blocks Annual turnover

Single block (410MW or 400MW) Rs. 125 crores

Both block (410MW and 400MW) Rs. 250 crores

2.5.3. In case the bidder is Group Company/Holding Company/Subsidiary Company of a firm

meeting the requirement stipulated in clause 2.1 (Route-I) or 2.2 (Route-II) or 2.3 (Route-
III) then the combined annual average turnover of the bidder and the firm meeting the QR
shall not be less than the value of turnover as specified in the Table as in 2.5.2 above, for
the last three (3) consecutive financial years as on the original scheduled date of tender
opening.
2.5.4. In case a Bidder does not satisfy the annual turnover criteria, stipulated above on its own,
its Holding Company would be required to meet the stipulated turnover requirements as
above, provided that the Net Worth of such Holding Company as on the last day of the
preceding financial year is at least equal to or more than the paid- up share capital of the
Holding Company. In such an event, the Bidder would be required to furnish along with
its techno-commercial bid, a Letter of Undertaking from the Holding Company,
supported by the Holding Company‟s Board Resolution, as per the format enclosed in the
bid documents.
2.5.5. In case the Bidder is not able to furnish its audited financial statements on standalone
entity basis, the unaudited unconsolidated financial statements of the Bidder can be
considered acceptable provided the Bidder further furnishes any one of the following
documents on substantiation of its qualification:

a. Copies of the unaudited unconsolidated financial statements of the Bidder along with
copies of the audited consolidated financial statements of its Holding Company and
Certificate from the CEO/ CFO of the Holding Company, as per the format enclosed in
the bidding documents, stating that the unaudited unconsolidated financial statements
form part of the consolidated financial statement of the Holding Company.
b. In case where audited results for the last financial year as on date of techno
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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

commercial bid opening are not available, the financial results certified by a practicing
Chartered Accountant shall be considered acceptable. In case the Bidder is not able to
submit the Certificate from a practicing Chartered Accountant certifying its financial
parameters, the audited result of preceding three (3) consecutive financial years as on
the original scheduled date of tender opening shall be considered for evaluating
financial parameters. Further, a certificate would be required from the CEO/CFO as
per the format enclosed in the bidding documents stating that the financial results of
the company are under audit as on techno commercial bid opening and the Certificate
from a practicing Chartered Accountant certifying the financial parameters is not
available.

3.0 Documentary Evidence:

3.1. The bidder shall attach documentary evidence to prove that the qualifying requirements
mentioned in the clause 2.1 or 2.2 or 2.3 are met by him, along with the bid in the form
of user certificate along with copy LOA/Work order/Contract agreement together with
full contact details for verification.
3.2. For QR clause No. (2.3), the bidder shall attach documentary evidence to prove that the
qualifying requirements mentioned in the clause 2.3.1 & 2.3.2 are met by him, along
with the bid in the form of user certificate along with copy LOA/Work order / Contract
agreement together with full contact details for verification.
3.3. For Financial QR, clause No. (2.5) Bidder shall furnish his audited profit and loss
accounts and balance sheets for the last three (3) consecutive financial years as on the
original scheduled date of tender opening. Wherever the bidder participates with Group
Company/Holding Company/Subsidiary Company, profit and loss accounts and balance
sheet for the last three (3) years consecutive financial years as on the original scheduled
date of tender opening of their Group Company/Holding Company/ Subsidiary
Company shall also be furnished by the Bidder.

4.0 Notes:
4.1. The Bidder or Group Company or Holding Company or Subsidiary Company as the case
may be, shall attach documentary evidence to prove that the qualifying requirements
mentioned in Clause no: 2.1 or 2.2 or 2.3 above are met by him / them, along with the bid
in the form of user certificate along with copy LOA/Work order / Contract agreement
together with full contact details for verification.
4.2. The bidder or the bidder with Group Company or Holding Company or Subsidiary
Company, as the case may be, shall furnish their audited profit and loss accounts and
balance sheets for the last three (3) consecutive financial years.
4.3. The Bidder shall submit End User Certificate which is subject to verification for
qualification. In case the bidder furnishes the end user certificates showing the
experiences of their subsidiary or group companies or companies under the same
Management, a confirmation from the firm which is having the experience in this regard
is to be enclosed along with end user certificate. In case of end user certificates are
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furnished by the Bidder from the subsidiary or group companies or companies under the
same Management, in addition to End User Confirmation, NLCIL/NIRL reserves the
right to inspect such installations where such certificates are obtained by the Bidder, only
if the Bidder facilitates necessary inspection of such installation by the purchaser. The
subsidiaries/group companies will submit an undertaking for extending necessary
support/expertise to the bidder for execution of the project. NLCIL/NIRL reserves the
right to verify the credentials submitted by the bidders. However, cost pertaining to the
purchaser‟s personnel for such inspection shall be borne by the purchaser.
4.4. NLCIL/NIRL reserves the right to inspect the plant(s) referred to by the bidders as well as
the original documents submitted in support of their claim to assess its veracity.
4.5. The bidder shall furnish major legal cases and their statutory liabilities if any.
4.6. The bidder shall also possess a valid certificate of registration under GST and the same
should be furnished along with tender documents.
4.7. The bidder should have (obtained / holder of) the Permanent Account Number (PAN)
under the income tax act and production of the documents relating to same are
mandatory. To ensure that the bidder is not a defaulter in payment of income tax as
evidenced by income tax assessment records for four consecutive years prior to bidding,
it is mandatory for the bidder to provide the self-attested printout of the online IT
Statement indicating zero tax liabilities for four consecutive years prior to bidding along
with the tender documents. NLCIL/NIRL reserves the right to send the same to the
income tax department for verification. (In this regard, the bidder can seek the help of the
auditor in case of any doubt or otherwise.)
4.8. In case of participation by the Bidder with Group Company or Holding Company or
Subsidiary Company as the case may be, the above clauses (4.5), (4.6) and (4.7) shall be
applicable to the partners also.
4.9. The Project Consultant for this tender shall not be a Bidder for same tender. If a bidder
from a Group of Company /Subsidiary company /Holding Company is the Project
Consultant for this tender, any bidder from the same group of company cannot be a
bidder for the same tender.
4.10. If the Bids submitted by both the Main contractor and Sub contractor claiming the same
experience, then the bid submitted by the Main Contractor alone shall be considered for
further evaluation for that experience. The bid submitted by the Sub-Contractor shall not
be considered for that experience claimed by main Contractor.
4.11. In case, if a bidder meets the technical QR but could not furnish his /their audited
financial statement of three consecutive financial years preceding the last financial year
for evaluating the average Annual turnover, due to the incorporation / formation of the
bidder, with in a period of less than 3 years from the original scheduled date of tender
opening, then, such bidder shall also be considered and the Average annual turnover of
such bidder shall be arrived at as below:
4.11.1. If the bidder furnished audited financial statement (Profit & Loss Account and Balance
Sheet) for the last financial year only, then such bidder‟s average Annual turnover shall
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Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

be arrived at by dividing the Turnover of the last financial year by three.

4.11.2. If the bidder furnished audited financial statement (Profit & Loss Account and Balance
Sheet) for the last two financial years only, then the bidder‟s average Annual turnover
shall be arrived at by dividing the sum of Turnover of last two financial years by three.
4.12. In case where audited results for the last financial year as on date of techno commercial
bid opening are not available, the financial results certified by a practicing Chartered
Accountant shall be considered acceptable. In case the Bidder is not able to submit the
Certificate from a practicing Chartered Accountant certifying its financial parameters,
the audited result of preceding three (3) consecutive financial years as on the original
scheduled date of tender opening shall be considered for evaluating financial parameters.
Further, a certificate would be required from the CEO/CFO as per the format enclosed in
the bidding documents stating that the financial results of the company are under audit
as on techno-commercial bid opening and the Certificate from a practicing Chartered
Accountant certifying the financial parameters is not available.
4.13. Definition for Holding, Group & Subsidiary Company, “Holding Company” and
“Subsidiary” shall have the meaning ascribed to them as per Companies Act of India.
„Group Company‟ means two or more enterprises, which, directly or indirectly, are in a
position to:
i . Exercise twenty-six percent or more of voting rights in other enterprise; or
ii. Appoint more than fifty percent of members of Board of Directors in the other
enterprise.
4.14. Balance of System (BoS)
The Balance of System refers to works related to minimum three of the following four
areas in a solar PV plant:
a. Erection of PV Modules
b. Civil works including Module Mounting Structure/Floaters.
c. Inverters (power Conditioning Units) and/or Inverter Transformers.
d. Cables and Cabling Works.

5.0 OTHER CONDITIONS:

(a) The bidder shall furnish the following details also along with documents.
(i) Contracts in hand / pending jobs and their status along with value.
(ii) Major Legal Cases and their Statutory Liabilities.
(iii) Recent Orders completed for Solar project with value.
(b) The bidder shall be solely responsible and liable for all technical management and
all other services required for completing the entire scope of work detailed in the
tender specification.
(c) In case, certificate(s) submitted by the bidders is found to be a forged one/bogus
one; the bidder will not only be disqualified for the tender but also would be
Suspended/Banned by NLCIL/NIRL.
(d) Notwithstanding anything stated above, the Purchaser reserves the right to verify all
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Modules) & Construction with O&M for a Period of 03 Years

statements/information submitted to confirm the bidder‟s claim on experience and to

assess the capabilities and capacity of the bidder, to perform the contract, should the
circumstances warrant such verification/ assessment in the overall interest of
NLCIL/NIRL.
(e) NLCIL/NIRL reserves the right to reject any or all bids or cancel/withdraw the
Invitation for bids without assigning any reason whatsoever and in such case no
bidder/intending bidder shall have any claim arising out of such action.
(f) In case of bidder is participating based on the credentials of Group
Company/Holding Company/Subsidiary Company, on award, in addition to the
CPBG furnished by the Contractor, a Joint Deed of Undertaking (JDU) shall be
furnished without Financial Backup BG.
(g) As per PQR, If the bidder is having average annual turnover of more than 125 Crore
during the preceding three (3) financial years as on the original scheduled date of
tender opening shall quote for either 400MW or 410MW Capacity.
(h) As per PQR, If the bidder is having average annual turnover of more than 250 Crore
during the preceding three (3) financial years as on the original scheduled date of
tender opening shall quote for both the blocks 400MW & 410MW or any single
block Capacity.
(i) If more than one bidder claim the same experience, then in such case NLCIL
reserves the right to consider any credentials/ experience certificates submitted by
any one of the bidders for any other earlier tender floated by NLCIL

6.0 PUBLIC PROCUREMENT POLICY (MAKE IN INDIA):

The bidder shall take note of the following as per Department for Promotion of Industry
and Internal Trade (formerly, Department of Industry Policy and Promotion), Ministry of
Commerce and Industry, Government of India, Public Procurement (Preference to Make
in India) Order 2017 – Revision: Dt: 16.09.2020 , order No.P-45021/2/2017-PP(BE-II)-
PART(IV) VOL.II Dt:19.07.2024 and further revisions, if any and confirm compliance
to the requirements in this regard.
DEFINITIONS:
(i) Local content‟ means the amount of value added in India which shall, unless
otherwise prescribed by the Nodal Ministry, be the total value of the item procured
(excluding net domestic indirect taxes) minus the value of imported content in the
item (including all customs duties) as a proportion of the total value, in percent.
(ii) „Class -I local supplier‟, means a supplier or service provider, whose goods,
services or works offered for procurement, meets the minimum local content as
prescribed for „Class-I local supplier‟ under order dt. 16.09.2020.
(iii) „Class-II local supplier‟ means a supplier or service provider, whose goods,
services or works offered for procurement, meets the minimum local content as
prescribed for „Class-II local supplier‟ but less than that prescribed for „Class-I
local supplier‟ under order dt. 16.09.2020.
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(iv) Non-Local Supplier‟ means a supplier or service provider whose goods, services or
works offered for procurement has local content less than that prescribed for
„Class-II local supplier‟ under order dt. 16.09.2020.
(v) Minimum local content: The „Local Content‟ requirement to categorize a supplier
as „Class-I Local Supplier‟ is equal or more than 50%. For „Class – II Local
Supplier‟, the „Local Content‟ requirement is equal or more than 20%. For the
items, for which Nodal Ministry Department has not prescribed higher minimum
local content notification under the Order, it shall be 50% and 20% for Class – I
local supplier / Class – II local supplier respectively.
(vi) „RL1‟ means the lowest tender or lowest bid or the lowest quotation received in a
tender, bidding process or other procurement solicitation as adjusted in the
evaluation process as per the tender or other procurement solicitation.
(vii) „Margin of purchase preference‟ means the maximum extent to which the price
quoted by a „Class-I local supplier‟ may be above the RL1 for the purpose of
purchase preference.
(viii) „Nodal Ministry‟ means the Ministry of Department identified pursuant to this
order in respect of a particular item of goods or services or works.
(ix) „Procuring entity‟ means a Ministry or department or attached or subordinate office
of, or autonomous body controlled by the Government of India and includes
Government companies as defined in the Companies Act.
(x) „Works‟ means all works as per Rule 130 of GFR-2017, and will also include
„turnkey works‟

6.1 ELIGIBILITY CLASS: Only Class-I local suppliers are eligible to participate in this
Tender.
6.2 MARGIN OF PURCHASE PREFERENCE: Not Applicable
6.3 Verification of local content:
a. The „Class-I local supplier‟ at the time of tender, bidding or solicitation shall be
required to indicate percentage of local content and provide self-certification that
the item offered meets the local content requirement for „Class-I local supplier‟, as
the case may be. They shall also give details of the location(s) at which the local
value addition is made.
b. In cases of procurement for a value in excess of Rs.10 crores, the „Class-I local
supplier‟ shall be required to provide a certificate from the statutory auditor or cost
auditor of the company (in the case of companies) or from a practicing cost
accountant or practicing chartered accountant (in respect of suppliers other than
companies) giving the percentage of local content.
c. False declarations will be in breach of the Code of Integrity under Rule
175(1)(i)(h) of the General Financial Rules for which a bidder or its successors can
be debarred for up to two years as per the Rule 151(iii) of the General Financial
Rules along with such other actions as may be permissible under law.

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Modules) & Construction with O&M for a Period of 03 Years

d. A supplier who has been debarred by any procuring entity for violation of this
order shall not be eligible for preference under this Order for procurement by any
other procuring entity for the duration of the debarment. The debarment for such
other procuring entities shall take effect prospectively from the date on which it
comes to the notice of other procurement entities.
e. The bidder shall give self-certification for local content in the quoted item
(goods/works/services) at the time of tendering. However, at the time of execution
of the project, for all contracts above INR 10 Crore, the contractor/ supplier shall
be required to give local content certification duly certified by cost/ chartered
accountant in practice. For cases where it is not possible to provide certification by
Cost/Chartered Accountant at the time of execution of project, the supplier shall be
permitted to provide the certificate for local content from Cost/ Chartered
Accountant after completion of the contract, within time limit acceptable to the
procuring entity. In case the contractor/ supplier does not meet the stipulated local
content requirement and the category of the supplier changes from Class-I to
Class-Il/ Non-local or from Class-Il to Non-local, a penalty upto 10% of the
contract value may be imposed. However, contract once awarded shall not be
terminated on this account
6.4 RECIPROCITY CLAUSE:
i. Entities of Countries which have been identified by the nodal Ministry / Department
as not allowing Indian companies to participate in their Government procurement
for any item related to that nodal Ministry shall not be allowed to participate in
Government procurement in India for all items related to that nodal Ministry /
Department, except for the list of items published by the Ministry / Department
permitting their participation.
ii. The term „entity‟ of a country shall have the same meaning as under the FDI policy of
DPIIT as amended from time to time.

6.5 Department of Expenditure Order (Public Procurement No.: 1) Order

No.6/18/2019-PPD, Dt: 23.07.2020.

I. Department of Expenditure, Ministry of Finance have issued Public Procurement No.:

4, Order No.: F.7/10/2021-PPD (1), Dt: 23.02.2023 in supersession to all of the above-
mentioned Orders/clarifications, in which, the requirement of registration is stated as
follows:
i) “Any bidder from a country which shares a land border with India will be eligible
to bid in any procurement whether of goods, services (including consultancy
services and non-consultancy services) or works (including turnkey projects) only if
the bidder is registered with the specified Competent Authority.
ii) Any bidder (including an Indian bidder) who has a Specified Transfer of
Technology (ToT) arrangement with an entity from a country which shares a land
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border with India will be eligible to bid in any procurement whether of goods,
services (including consultancy services and non-consultancy services) or works
(including turnkey projects) only if the bidder is registered with the specified
Competent Authority.
iii) The requirement of registration for cases covered by paragraph (i) above has been
applicable since 23.07.2020. The requirement of registration for bidders covered by
paragraph (ii) above will be applicable for all procurements where tenders are
issued/published after 01.04.2023.

II. Definitions:
1. “Bidder” (including the term „tenderer‟, „consultant‟ or „vendor‟ or „service
provider‟ in certain contexts) means any person or firm or company, including any
member of a consortium or joint venture (that is an association of several persons,
or firms or companies), every artificial juridical person not falling in any of the
descriptions of bidders stated hereinbefore, including any agency branch or office
controlled by such person, participating in a procurement process.
2. "Tender'' for the purpose of the Order will include other forms of procurement,
except where the context requires otherwise.
3. ''Transfer of Technology" means dissemination and transfer of all forms of
commercially usable knowledge such as transfer of know-how, skills, technical
expertise, designs, processes and procedures, trade secrets, which enables the
acquirer of such technology to perform activities using the transferred technology
independently. (Matters of interpretation of this term shall be referred to the
Registration Committee constituted by the Department for Promotion of Industry
and Internal Trade, and the interpretation of the Committee shall be final.)
4. "Specified Transfer of Technology" means a transfer of technology in the sectors
and/ or technologies, specified in paragraph 15, occurring on or after 23.07.2020.

III. “Bidder (or entity) from a country which shares a land border with India” for the
purpose of this Order means:
a. An entity incorporated, established or registered in such a country; or
b. A subsidiary of an entity incorporated, established or registered in such a country; or
c. An entity substantially controlled through entities incorporated, established or
registered in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
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g. A consortium or joint venture where any member of the consortium or joint venture
falls under any of the above.
IV. The beneficial owner for the purpose of (iii) above will be as under:
1. In case of a company or Limited Liability Partnership, the beneficial owner is the
natural person(s), who, whether acting alone or together, or through one or more
juridical person(s), has a controlling ownership interest or who exercises control
through other means
Explanation –
a. “Controlling ownership interest” means ownership of, or entitlement to, more
than twenty-five per cent of shares or capital or profits of the company.
b. “Control” shall include the right to appoint majority of the directors or to
control the management or policy decisions, including by virtue of their
shareholding or management rights or shareholders agreements or voting
agreements.
2. In case of a partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together, or through one or more juridical person, has
ownership of entitlement to more than fifteen percent of capital or profits of the
partnership.
3. In case of an unincorporated association or body of individuals, the beneficial
owner is the natural person(s), who, whether acting alone or together; or through
one or more juridical person, has ownership of or entitlement to more than fifteen
percent of the property or capital or profits of such association or body of
individuals.
4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial
owner is the relevant natural person who holds the position of senior managing
official.
5. In case of a trust, the identification of beneficial owner(s) shall include
identification of the author of the trust, the trustee, the beneficiaries with fifteen
percent or more interest in the trust and any other natural person exercising
ultimate effective control over the trust through a chain of control or ownership.
V. An Agent is a person employed to do any act for another, or to represent another in
dealings with third persons.
Note:
i. A person who procures and supplies finished goods from an entity from a country
which shares a land border with India will, regardless of the nature of his legal or
commercial relationship with the producer of the goods, be deemed to be an Agent
for the purpose of this Order.
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ii. However, a bidder who only procures raw material, components etc. from an entity
from a country which shares a land border with India and then manufactures or
converts them into other goods will not be treated as an Agent.
VI. The successful bidder shall not be allowed to sub-contract works to any contractor from
a country which shares a land border with India unless such contractor is registered
with the Competent Authority.
VII. i. Bidder is permitted to procure raw material, components, sub-assemblies etc. from
the vendors from countries which shares a land border with India. Such vendors will
not be required to be registered with the Competent Authority, as it is not regarded
as "sub-contracting".
ii. However, in case a bidder has proposed to supply finished goods procured
directly/indirectly from the vendors from the countries sharing land border with
lndia, such vendor will be required to be registered with the Competent Authority.
VIII. Procurement of spare parts and other essential service support like Annual Maintenance
Contract (AMC)/Comprehensive Maintenance Contract (CMC), including consumables
for closed systems, from Original Equipment Manufacturers (OEMs) or their
authorized agents, shall be exempted from the requirement of registration as mandated
under Rule 144(xi) of GFRs 2017 and Public Procurement Orders issued in this regard.
6.6 Model Certificate
“I have read the clause regarding restrictions on procurement from a bidder of a country
which shares a land border with India; I certify that this bidder is not from such a
country or, if from such a country, has been registered with the Competent Authority. I
hereby certify that this bidder fulfils all requirements in this regard and is eligible to be
considered. [Where applicable, evidence of valid registration by Competent Authority
shall be attached].
6.6.1 Model Certificate for Works involving possibility of sub-contracting
“I have read the clause regarding restrictions on procurement from a bidder of a country
which shares a land border with India and on sub-contracting to contractors from such
countries; I certify that this bidder is not from such a country or, if from such a country,
has been registered with the Competent Authority and will not sub-contract any work to
a contractor from such countries unless such contractor is registered with the Competent
Authority. I hereby certify that this bidder fulfils all requirements in this regard and is
eligible to be considered. [Where applicable, evidence of valid registration by the
Competent Authority shall be attached].
The above said order will not apply to bidders from those countries (even if sharing a
land border with India) to which, Govt. of India has extended lines of credit or in which,
and the Govt. of India is engaged in development projects (Order Public Procurement
No.2).

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Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

Any bidder (including its Collaborator/Associate/JDU Partner/JV partner /Consortium

Member / Assignee, wherever applicable) from a country which shares a land border
with lndia will be eligible to bid in this tender only if the bidder is registered with the
Competent Authority. Such registration should be valid for the entire period of bid
validity or any extension thereof. However, in case the validity period of registration is
less than bid validity period, the Bidder shall be required to submit the extension of the
validity period of registration before the opening of price bids, failing which the bid is
liable for rejection.
6.7 Certification for testing:
Ministry of Power issued following directions vide Order 25-11/6/2018-PG,
dt.02.07.2020, Order 12/34/2020-T&R, dt.08.06.2021 and its amendments to protect
the security, integrity and reliability of the strategically important and critical Power
Supply System & Network in the country and the bidder has to comply with the same:
(1) All equipment, components, and parts imported for use in the power Supply System
and Network shall be tested in the country to check for any kind of embedded
malware/trojans/cyber threat and for adherence to Indian Standards.
(2) All such testing shall be done in certified laboratories as designated by the
Ministry of Power (MoP).
(3) Any import of equipment components/parts from "prior reference" countries as
specified or by persons owned by, controlled by, or subject to the jurisdiction or
the directions of these "prior reference" countries will require prior permission of
the Government of India.
(4) Where the equipment/ components/ parts are imported from "prior reference"
countries, with special permission, the protocol for testing in certified and
designated laboratories shall be approved by the Ministry of Power (MoP). This
order shall apply to any item imported for end use or to be used as a component, or
as a part in manufacturing, assembling of any equipment or to be used in power
supply system or any activity directly or indirectly related to power supply system.
6.8 MOP vide Order Dt. 16.11.2021, based on DPIIT Order Dt. 16.09.2020, order No.P-
45021/2/2017-PP(BE-II)-PART(IV) VOL.II Dt:19.07.2024 issued circular for Purchase
Preference (linked with local content) in respect of Power Sector, which is in
supersession to all the earlier Orders issued by MOP in this regard and bidder is requested
to confirm compliance of the same.

6.9 Bidder is also requested to confirm the compliance of MNRE vide order No F. No.
283/22/2019-GRID SOLAR Dt 23.09.2020 with regard to the Class-I local supplier.
Note:
The Bidders are requested to note that the bids will be evaluated taking into consideration
of compliance to the orders mentioned in the above Clauses.
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7.0 Time Schedule:

a. The time schedule for Commercial Operation Date (SCOD) of both the blocks shall
be considered as 12 months from the date of LOA. If single bidder awarded both
the blocks, the time schedule shall remain same as 12 months for the both the blocks
(Block 1 - 410MW & Block 2 - 400MW).
b. One-year warranty period from Commercial Operation Date (SCOD) of each block
of the project (Block 1 - 410MW & Block 2 - 400MW).

8.0 Bid Guarantee:

i. Bidder is required to submit Bid guarantee for a value Rs. 3,11,66,000- (Rupees Three
Crore Eleven Lakh and Sixty Six Thousand Only) for each block (i.e. 410MW &
400MW) separately. along with the Bid (Part-I) in the form and manner as described in
the instructions to Bidders.
ii. The Bid Guarantee (as per Annexure-A) shall be either in the form of (a) Bank
Guarantee valid for 210 days from the date of opening of Part-I bids or (b) demand draft
for an equivalent amount drawn in favour of NLC India Renewables Limited, payable at
Neyveli or (c) NEFT/RTGS mode to NIRL‟s Account No. 00000020514068558
Beneficiary Name: NLC India Renewables Limited (NIRL)Ltd., in State Bank of India,
Branch: Neyveli Main (IFS Code No. SBIN0000958, SWIFT code: SBININBB457) and
the remittance details with UTR No. or (d) in the form of Insurance Surety Bond (as per
Annexure-I) or (e) in the form of e - BG (Preferably) issued by Banks through NeSL
Platform shall be enclosed with the bid in Part I failing which the offer will be rejected.
The bidder is to note that the Banks commission charges will be to the account of the
bidder and the net amount transferred to NIRL‟s account shall be equal to the Bid
Guarantee value as stipulated in the Tender. No other mode of payment will be accepted.
iii. Structured Financial Messaging System (SFMS): Bank Guarantee submitted in Physical
mode, including EMD/ Bid Guarantee which cannot be verifiable through Structured
Financial Messaging System (SFMS) SFMS will be rejected summarily. Hence, the
bidder is requested to attach the proof for the issuance of bid guarantee through SFMS
given by banker.
iv. The bid shall be treated as non-responsive offer and will not be considered for further
evaluation, in case -
• the bid is submitted without Bid Guarantee and Cost of Tender document
• the bid is submitted with Xerox copy of the Bid Guarantee
• the bid guarantee and Tender Cost is of lesser value or any adjustment sought for.
v. Insurance surety bonds from an Insurer as per guidelines issued by Insurance
Regulatory and Development Authority of India (IRDAI).
vi. If bidder is issuing e-BG through NeSL portal, the bidder shall ensure the details to be
furnished to issuing bank.
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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

vii. Acceptance of insurance surety bond: The bidders can furnish the various type of
securities (Bid guarantee, CPBG, O&M BG, DLP, AMC BG for Inverter, SCADA,
CCTV and Dry robotic cleaning system) either Bank guarantee or in form of insurance
surety bond.

9.0 Bid Submission & Opening:

(i) All bids, including all attachments/enclosures shall be prepared in English Language
only and submit the same. The bidder shall submit the offer for full scope of work
indicated in the Tender Specification.
Part - I & Part – II of the Bids are to be submitted through online. Physical cover
containing the documents in physical form as listed in S.No.3 of the table below shall be
submitted within the last date and time of receipt of Bids.
(ii) The Offers/Bids are to be obtained in two Part system as detailed below: -

1. Part I PART – I (through online)

Covering Letter, Proof for remittance of Cost of tender
document, Bank Guarantee towards Bid Guarantee (As per
Annexure-A) or Insurance Surety Bond towards Bid guarantee
(as per Annexure – I)if applicable, Form of Bid (Part-I) (As per
Annexure - B), Affidavit (as per Annexure-D), Power of
Attorney, Techno-Commercial details, Integrity Pact (As per
Annexure-E), Joint Deed of Undertaking (JDU) (as per
Annexure-F), if applicable, Letter of Undertaking from the
Holding Company (as per Annexure-G) if applicable,
Proforma of certificate from the CEO/CFO (as per Annexure-
H) if applicable, and Minimum local content Certificates from
the bidder and auditor and all other details as given in this
Volume.
2. Part II Part-II (Price) (through online)
(i) Duly filled in Form of bid (Part-II) as per Annexure – C.
(ii) Price Bid with completely filled in Schedule of Prices
(Schedule of Prices–F1 Table 1) along with annexures for
Volume – IA.
3. Physical Bidders are requested to furnish the following documents in
Cover Original in a sealed Physical cover within the last date and time
of receipt of Bids:
1. Proof of remittance of cost of tender documents
2. Bank Guarantee towards Bid Guarantee (As per Annexure-
A) or Insurance Surety Bond towards Bid guarantee (as per
Annexure – I)if applicable.
3. Power of Attorney / Authorization with the seal of the
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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

company in favour of the person signing the Bid.

4. Integrity Pact duly filled up and signed in all pages(as per
Annexure-E).
5. Joint Deed of Undertaking, if applicable (as per Annexure-
F).
6. Letter of Undertaking from the Holding Company (as per
Annexure-G) if applicable,
7. Proforma of certificate from the CEO/CFO (as per
Annexure-H) if applicable
8. Duly filled up Checklist as in Specimen Format.

(iii) Bidders are requested to submit their Physical Cover containing the documents in
physical form as listed in S.No.3 of the table above within the last date and time of
receipt of Bids at the Office of the Chief General Manager / Contracts, Corporate Office,
Block-1, NLC India Limited, Nevyeli-607801, Tamil Nadu, India.
(iv) Any Bid submitted without Cost of tender document and Bid Guarantee or submitted
with part amount, or any request to adjust it in any other bills etc., or seeking exemption
shall be treated as non-responsive offer and their offer will not be considered for further
evaluation.
(v) Part-I and Physical cover shall be opened on the scheduled date of tender
opening. The offers/bids of the bidders who satisfy the conditions of Bid Guarantee and
Cost of tender document shall be considered for further evaluation on QR aspects.

10.0 Special Note and Information Regarding the Tender

(i) For downloading tender document, please visit our website: www.nlcindia.in or Central
Public Procurement Portal (CPPP) of Government of India, Website:
www.eprocure.gov.in or NeAT Portal: https://procure.nlcindia.in
(ii) The Cost of tender document may be remitted through RTGS / NEFT mode or e-
payment and the UTR No. may be indicated in the Part-I Bid.

Beneficiary Name NLC India Renewables Limited

(NIRL)
Account No. 00000020514068558
Nature of Account Current A/c
Bank State Bank of India
Branch Neyveli Main
IFSC Code SBIN0000958
SWIFT Code SBININBB457
E-mail [email protected]

The bidder is to note that the Bank commission charges will be to the account of the
bidder and the net amount transferred to NIRL account shall be equal to the cost of the
tender document. The qualification of bidder is subject to receipt of cost of the tender

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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

document stipulated in the tender. No other mode of payment will be accepted.

(iii) Amendments/ Errata/ Clarifications if any, shall be issued as Corrigendum for the tender
and shall form part and parcel of the tender documents. Corrigendum will be displayed
in NLCIL‟s Website www.nlcindia.in / https://procure.nlcindia.in of NLCIL NeAT
Portal/Central Public Procurement Portal (CPPP) of Government of India,
(www.eprocure.gov.in). Bidders are requested to visit NLCIL‟s website or Central
Public Procurement Portal. NLCIL/NIRL will not be responsible if any bidder omits to
notice any Corrigendum. Corrigendum will be numbered consecutively. All the
corrigendum issued are forming part and parcel of the tender documents.
(iv) All other terms and conditions along with the technical specifications, time schedule,
validity of bid and Instructions to bidders, etc., are contained in the tender specification.
(v) NLCIL/NIRL reserves the right to accept/reject any bid or all bids received at its
discretion without assigning any reason whatsoever thereof. No further correspondence
shall be entertained in this regard.
(vi) The Bid shall be made in Indian Rupees only and all payments for the entire scope will
be made in Indian Rupees.
(vii) Bids submitted by fax or E-Mail or other than the prescribed mode of submission as per
the tender shall be rejected.
(viii) NLCIL/NIRL takes no responsibility for delay, loss of receiving the Bid documents or
any letter sent by the Bidder.
(ix) The Tender specifications are meant for the exclusive purpose of bidding against the
subject package and shall not be transferred, reproduced or otherwise used for purposes
other than for which these are specifically issued.
(x) Any bidder, who is placed under Suspension/Banning/Debarment by NLCIL/NIRL will
not be allowed to participate in any tender issued on or after the date of
suspension/banning order and also if that bidder has already participated in any tender
which is under process, their bid will not be considered for further processing.
(xi) Bidders are advised to quote the most competitive price in the initial bid as well as in the
Reverse Auction (RA), wherever applicable, since there will not be post tendering
negotiations with the lowest bidder.
(xii) Bidders are permitted to furnish clarification/ deviation, if any during pre-bid stage only.
Deviation requests of the bidders, only upto the pre-bid stage which are acceptable to
NLCIL/NIRL will be communicated to the bidders for consideration.
(xiii) Bidders are not allowed to take any deviations in their bid. Deviations listed elsewhere
in the Bid shall not be considered.
(xiv) Bids without cost of tender document and Bid Guarantee will be summarily rejected.

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

(xv) Performance certificate/Work Completion Certificate issued by Consultant will not be

considered.

CHIEF GENERAL MANAGER/ CONTRACTS

NLC INDIA LIMITED

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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

SECTION – 2

GENERAL PROJECT INFORMATION

2.0 GENERAL PROJECT INFORMATION:

Sl.No Description Details

NLCIL/NLC India Renewables Limited
1 Owner/Purchaser (NIRL), Neyveli, Cuddalore Dist.,
Tamilnadu, India
BOS Works For Setting Up Of 810 MW
(410MW & 400MW ) Solar Project In
Project Title RVUNL Solar Park At Pugal, Bikaner
2 District, Rajasthan Under Engineering,
Procurement (Excluding Supply Of Solar
PV Modules) & Construction With O&M
for a Period of 03 Years
3 Location Pugal, Bikaner, Rajasthan

4 Capacity of the Project Active Power of 410MW & 400MW (810

MW) (AC) measured at delivery point.
5 Land requirement Provided by NLCIL/NIRL
6 Delivery Point & Voltage 33KV side of 33/400KV Park Pooling Sub
Station (PSS)
Annual Estimated
7 Refer Technical Volume-II.
Net Energy Export

*********

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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

SECTION – 3

INSTRUCTIONS TO BIDDERS
3.1 Introduction
NLC INDIA LIMITED (formerly Neyveli Lignite Corporation Limited) (NLCIL) is a
Navratna, Government of India Enterprise registered under the Indian Companies Act 1956,
engaged in mining of lignite and power generation in Neyveli, Tamil Nadu State and
Barsingsar, Rajasthan State in India. NLCIL views its business as an opportunity to set up
the mechanisms for sustainable socio-economic development of its operating regions and
also for contributing to the Nation Building Efforts.
A pioneer among the public sector undertakings in energy sector, NLCIL operates:
 Three highly mechanized opencast Lignite Mines (28.5 Million Tonnes per Annum) at
Neyveli and one Lignite Mine (2.1 Million Tonnes per Annum) at Barsingsar, Rajasthan
with a total capacity of 30.6 MTPA.
 Talabira II & III Coal Block (20 MTPA), Odisha, allotted to NLCIL as linked mine to
proposed Odisha Thermal Power Project and operating Thermal Power Plant of NTPL at
Tuticorin.
 Four Lignite based Thermal Power Stations (3,390 Mega Watt) in Neyveli and one
Lignite based Thermal Power Plant in Barsingsar, Rajasthan (250 Mega Watt) with a total
capacity of 3,640 MW.
 On green energy front it operates a Solar Power Plant of 141.06 MW (130MW+10
MW+1.06 MW) capacity at Neyveli.
 Solar Power Plant of 500 MW commissioned in 2018-19 and 709 MW commissioned in
2019-20 in various districts of Tamil Nadu.
 20 MW capacity Solar Power Project was commissioned May 2020 at Andaman&
Nicobar Islands.
 Wind Power Plant of 51 MW at Kazhuneerkulam, Tirunelveli, Tamil Nadu.
 A coal based Thermal Power Station of 1000 MW - NTPL at Tuticorin, Tamil Nadu as a
joint venture between NLC India Limited and TANGEDCO (89:11).
ON GOING PROJECTS:
 Expansion of Mine-IA (From 3.0 MTPA to 7.0 MTPA) at Neyveli.
 Pachwara South Coal Block (11 MTPA), Jharkhand, allotted by GOI as a linked mine to
NUPPL – A JV between NLCIL & UPRVUNL (51:49)
 NLC India Limited has also formed a Joint Venture (JV) company with Uttar Pradesh
Rajya Vidut Utpadan Nigam Limited (UPRVUNL) in the name of Neyveli Uttar Pradesh
Power Limited (NUPPL) to set up a coal based supercritical power plant with a capacity
of 1980 MW (3 x 660 MW) in the state of Uttar Pradesh at Ghatampur Tehsil, Kanpur
Nagar.
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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

 NLC India Limited also formed a Joint Venture Company with Coal India Ltd (CIL), in
the name of 'Coal Lignite Urja Vikas Private Limited, (CLUVPL)', incorporated on
10.11.2020 to venture into various Solar and Thermal Power projects across India around
5000 MW.
NLCIL has envisaged to enhance the Renewable Energy installed capacity to 6031 MW
by 2030.
NLCIL executing development of 600 MW Solar Power Project in GSECL‟s Solar Park
at Khavda (GSECL Phase-II).
For more details on the activities of NLCIL, please refer to www.nlcindia.in.
3.2 Language of the Bid
The Bid, prepared by the Bidder and all correspondence and documents relating to the
Bid, exchanged by the Bidder and the Purchaser shall be written in the English language.
Any printed literature/material furnished by the Bidder in any other language shall be
accompanied by an authentic English translation of all pertinent points. For purposes of
interpretation of Bid, the English translation shall govern.
3.3 Brief Scope of Work
The entire scope of work (excluding supply of Solar PV Modules) shall be carried out by
the contractor on Lump-sum turnkey basis.
The scope of work includes the Design, Engineering, Site development, Manufacture,
Inspection at supplier‟s works, Supply, Insurance, Transport, Storage, Erection,
Installation, Testing & Commissioning of the total capacity of 410MW/400MW SPP and
the Evacuation System up to the Point of Connection (i.e., 33KV side of 33/400KV Park
Pooling Sub Station (PSS)) Except Supply of Solar PV Modules.
The scope also includes necessary arrangements and support to enable SPD to Declare
Scheduled Commercial Operation Date (SCOD) after entire commissioning of SPP with
DC overloading and conducting PG Test for 90 days. The scope also includes Operation &
Maintenance (O&M) of entire SPP up to Point of connection, at free of cost for the
warranty period of 12 months from SCOD and paid O&M for 3 years from the date of
completion of the warranty period. In addition, Scope also includes, Annual Maintenance
Contract (AMC) of Inverter, SCADA, CCTV and Dry robotic cleaning system for Six (6)
years starting from 5th year to 10th year (i.e., on completion of 03 years paid O&M of
410MW/400MW SPP).
This Scope of Work is indicative only. Detailed Scope of Work is contained in Volume-
II (Technical Specification).

3.4 Time Schedule

a. The time schedule for Commercial Operation Date (SCOD) of both the blocks shall
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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

be considered as 12 months from the date of LOA. If single bidder awarded both
the blocks, the time schedule shall remain same as 12 months for the both the blocks
(Block 1 - 410MW & Block 2 - 400MW).
b. One-year warranty period from Commercial Operation Date (SCOD) of each block
of the project (Block 1 - 410MW & Block 2 - 400MW).
3.5 Tender Specifications:
The scope of contract, bidding procedures and contract terms are prescribed in the
Tender Specifications. The Tender Specifications comprise, interalia, the following
volumes:
Volume – IA : Invitation for Bid
Volume – IB : Commercial – Draft Contract
Volume – II : Technical Specification
The Bidder is expected to examine all instructions, forms, terms and specifications in the
Tender Specifications including clarifications/corrigendum/amendments for
completeness and obtain clarifications, if any, from Purchaser.
3.6 Instruction to bidders for submission of Online bids through E-Tender
Bidders/Firms are requested to read the terms & conditions of this tender before
submitting their online bids. In this document the terms “bidders” and “Bidders/firms”
mean the one and same.
3.6.1 Pre-requisites for accessing NLCIL Website:
A. Software Requirements:
Operating system: Windows 7 & above.
 Web browser: Google Chrome or Firefox or Edge or Internet Explorer 11 or
above.
 Java JRE: JRE 1.8 or above.
 PDF reader: Adobe Acrobat Reader 8 or above.

B. Digital Certificate:
 Bidder should have a legally valid CLASS III Digital Certificates (i) Digital
Signature, non-repudiation certificate (used for Signing) and (ii) Key
Encipherment Certificate (used for encrypting Bid Document) with
Organization name from any of the licensed Certifying Authorities (CA)
operating under the Root Certifying Authority of India (RCAI), Controller of
Certifying Authorities (CCA) of India.
Ensure that all necessary trust certificates and drivers are installed as per CA‟s
instruction and working properly. For detailed guidance about browser and Java
configuration the bidders are advised to go through the guide available in the

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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

NeAT portal https://procure.nlcindia.in.

3.6.2 Enrollment:
Bidders interested to participate in the tender require to complete the enrollment process
at NeAT https://procure.nlcindia.in to create their account / user id and password, if
not done already.
Bidder(s) having a valid NeAT account with user id and password can only submit
his/their bids online electronically. Bidders are required to make their own arrangement
for bidding from a computer connected with Internet. NLCIL/NIRL shall not be
responsible for making such arrangements.

3.6.3 Payment of Tender Fee/ Cost of Tender document: Rs.20,000/- (Rupees Twenty
Thousand only).
3.6.4 Bidding Process:
A. Preparation of Bid
(i) The Bidder will be able to prepare his TECHNICAL AND COMMERCIAL BID
and PRICE BID through online using the respective forms in the system. For
Guidelines, please refer to the help in the Portal.
(ii) Before submission of bid, the Bidder can edit and save his bid any number of
times till closing time for submission of the bid.
(iii) After submission of bid, if Bidder wants to edit his submitted bid, then he has to
first delete his submitted bid and then edit his bid and resubmit before closing
time for submission of the bid. Only submitted bids will be considered for
evaluation. Any saved bids that are not submitted will be deleted by the system
after the due date of opening.
(iv) Bidder can attach files containing company profile details, scanned copies of
dealership certificate, scanned copies of technical drawings, etc., which are
required for the enquiry. The documents attached should be in PDF format.
(v) File Size: 10 MB is the maximum size of a single file that can be attached.
B. e-Bid Submission and Signing
(i) Submission of e-bids online is a two-step process. In the first step, the Techno
Commercial bid and Price bid (Schedule of Price-F1) have to be filled and
submitted. In the second step, these bids have to be digitally signed using
Bidder‟s Digital Signature Certificate.
(ii) Bidder cannot submit any offer after the due date and time stipulated in the e-
Tender.
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Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

(iii) All bids submitted by Bidder can be viewed by clicking on the link “Submitted
bids” provided in the left menu of the corresponding Bidder's home page.
(iv) All notices and correspondence to the bidder(s) shall be sent by email message
only during the process till finalization of tender. Hence the bidders are required
to ensure that their email address provided at the time of registration is valid and
updated. Non-receipt of email will not entitle any bidder to lodge any claim and
no complaint in this regard shall be entertained. Bidders are also requested to
ensure validity of their DSC (Digital Signature Certificate).
(v) Bidders are advised to see the website regularly to remain updated with latest
information to ensure that they do not miss out any corrigendum /
Amendments/errata uploaded against the said e-tender after downloading the e-
tender document. The responsibility of downloading the related corrigendum, if
any, will be that of the bidders.
(vi) Submitted bids will be returned to the Bidder screen in Saved bid, if any
Corrigendum/Amendments/errata issued before the last date and time of bid
submission and intimation mail will be sent to the bidder‟s registered email id.
Bidder shall ensure the resubmission of their bid after noting of the
Corrigendum/Amendments/errata.
3.6.5 Process of e-Tender:
(i) On the scheduled date and time of tender opening, Tender Opening Committee shall
open online bids (Part-I) and Physical Cover (Part-1) Tender Opening Committee
shall confirm Compliance of Important Tender Conditions.
(ii) If a bidder desires to be present at the time of Tender Opening, he shall depute his
representative(s) (not more than two persons) in time with due authorization for
participating in the Tender Opening.
3.6.6 Bidding in e-Tender:
a. In all cases, bidder should use their own ID and Password along with Digital
Signature at the time of submission of their bid.
b. The e-tender floor shall remain open from the pre-announced date & time and for as
much duration as mentioned above.
c. All electronic bids submitted during the e-tender process shall be legally binding on
the bidder. Any bid will be considered as the valid bid offered by that bidder and
acceptance of the same by the Purchaser will form a binding contract between
Purchaser and the Bidder for execution of work.
d. It is mandatory that all the bids are submitted with digital signature certificate
otherwise the same will not be accepted by the system.

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

e. NLCIL/NIRL reserves the right to cancel or reject or accept or withdraw or extend

this bidding process without assigning any reason thereof.
f. The server time shall be treated as final and binding. Bids recorded in the server
before the bid closing time will only be treated as valid bid. Bidders are, therefore,
advised to submit their bids well before the closing time of e-tender. If any bid
reaches the server after the bid closing time as per server time, the same will not be
recorded and no complaint in this regard shall be entertained.
g. Bidders are advised to exercise caution in quoting their bids in e-tender to avoid any
mistake. Bids once submitted cannot be recalled.
h. Any order resulting from this bidding process shall be governed by the terms and
conditions mentioned in the Tender.

3.6.7 Cost of tender document:

(1) The Cost of tender document may be remitted through RTGS / NEFT mode or e-
payment and the UTR No. may be indicated in the tender document. The Bank
commission charges will be to the account of the bidder.

Beneficiary Name NLC India Renewables Limited

(NIRL)
Account No. 00000020514068558
Nature of Account Current A/c
Bank State Bank of India
Branch Neyveli Main
IFSC Code SBIN0000958
SWIFT Code SBININBB457
E-mail [email protected]
The bidder is to note that the Bank's commission charges will be to the account of the
bidder and the net amount transferred to NIRL‟s account shall be equal to the cost of
the tender document. The qualification of bidder is subject to receipt of cost of the
tender document stipulated in the tender. No other mode of payment will be accepted.
(2) While making payment through NEFT / RTGS / e-payment, the Bidders are requested to
furnish Tender Number and Bidder‟s name in the Remarks Column.
(3) Tender fee/Cost of Tender document will be deemed to have been submitted by the
bidder if and only if the same is received (credited) in the above bank account within
the stipulated time.
(4) Tender fee/Cost of Tender document is non-refundable.

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
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Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

3.7 Bid Submission and Opening:

(i) All Bids, including all attachments/enclosures shall be prepared in English
language only, by typing or printing and shall be submitted in two parts.
(ii) The bidder shall submit the offer for full scope of work indicated in the Tender
Specification. In the following manner:
(a) Part-I & Part-II in online and Physical Cover in offline.
(b)The bidder shall also furnish the following in physical form in a separate
sealed cover.
i) (i) Proof of remittance of Cost of Tender (ii) Bank Guarantee towards Bid
Guarantee (As per Annexure-A) or Insurance Surety Bond towards Bid
guarantee (as per Annexure – I)if applicable (iii) Power of Attorney /
Authorization with the seal of the company in favour of the person signing the
Bid (iv) Integrity Pact (as per Annexure-E) (v) Joint Deed of Undertaking as
applicable (as per Annexure-F). (vi) Letter of Undertaking from the Holding
Company (as per Annexure-G) if applicable, vii) Proforma of certificate from
the CEO/CFO (as per Annexure-H) if applicable (viii) Duly filled up Checklist
as in Specimen Format.
(ii) The Physical cover shall be super scribed as under:
Name of the Bidder :
Tender No : Part No.:
Last date & time of submission of :
on line Bids (Part-I, Part-II) and
Physical cover
Bid opening date and time (Part-I) :
Bid for : BOS Works For Setting Up Of 810 MW
(410MW & 400MW ) Solar Project In
RVUNL Solar Park At Pugal, Bikaner
District, Rajasthan Under Engineering,
Procurement (Excluding Supply Of Solar
PV Modules) & Construction With O&M
for a Period of 03 Years.
Submitted to : Office of the Chief General Manager /
Corporate Contracts,
Corporate Office, NLC India Limited,
Neyveli– 607 801, Cuddalore District
Tamil Nadu, India.
(iii) Online / Electronic Bid shall be submitted through NLCIL website through
NeAT (NLCIL e-Auctioning & Tendering) portal (https://procure.nlcindia.in)
(iv) Physical sealed cover as brought out in clause 3.7 (ii) (b) must be deposited /
delivered to any one of the officers at the office mentioned below, not later than
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Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

14.30 Hrs. IST on the date fixed for tender opening. The sealed cover deposited /
delivered after the time & date fixed for the receipt of the bids shall be rejected.
a) Shri. C. Venkatraman, Additional Chief Manager / Contracts
b) Shri. Sunil Kumar, Deputy Executive Engineer / Contracts
c) Smt. D. Packia Jeeva, Asst. Executive Manager / Contracts

O/o The Chief General Manager / Contracts,

Corporate Office, Block-1,
NLC India Limited
Neyveli – 607 801, Cuddalore District.
Tamil Nadu, India.
(v) The Physical cover shall be sealed and superscribed as above. Bid submitted in
any other office of NLC India Limited shall not be considered.
(vi) The Bidder‟s Bid and the documents attached thereto shall be considered as
forming part of the Contract documents.
(vii) Bids submitted by E-mail or any other mode of submission will not be accepted.
(viii) NLCIL will receive Bids in online in respect of all the equipment/systems to be
supplied and erected for the above power plant as set forth in the accompanying
specifications. All bids shall be prepared and submitted in accordance with the
Tender Specification.
(ix) Failure to furnish all information required in the Tender Specifications or
submission of a Bid not substantially responsive to the Tender Specifications in
every respect or bids received in incomplete shape shall be liable for rejection. A
bid shall be determined as substantially responsive in every respect, if it confirms
to all the terms, conditions and specifications of the Tender Specifications
without material deviations, objections, conditionality or reservations.
(x) A material deviation, objection, conditionality or reservation is one:
(a) That affects in any substantial way the scope, quality or performance of the
contract;
(b) That limits in any substantial way, inconsistent with the Tender
Specifications, the Purchaser‟s rights or the successful Bidder‟s obligations
under the contract.
(c) Bidders are not allowed to take any deviations in their bid. Deviations listed
elsewhere in the Bid shall not be considered.

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Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

3.8 Part-I Bid Guarantee, Pre Qualifying Requirements and Technical & Commercial
Aspects (without prices)
3.8.1 Bid Guarantee:
i) The Bid shall be accompanied by Bid Guarantee either in the form of (a) Bank
Guarantee valid for 210 days from the date of opening of the Bids (Part-I) or
(b) Demand Draft of equivalent amount drawn in favor of “NLC India Renewables
Limited (NIRL)” payable at Neyveli, without any exception or (c) NEFT/RTGS mode to
NIRL‟s Account No. 00000020514068558, Beneficiary Name: NLC India Renewables
Ltd.,(NIRL) in State Bank of India, Branch: Neyveli Main (IFS Code No.
SBIN0000958, SWIFT Code: SBININBB457) and the remittance details with UTR
No./DD (d) in the form of Insurance Surety Bond or in the form of e - BG (Preferably)
issued by Banks through NeSL Platform shall be enclosed with the bid in Part-I failing
which the offer is liable for rejection. The bidder is to note that the Bank‟s commission
charges will be to the account of the bidder and the net amount transferred to NIRL
account shall be equal to the Bid Guarantee value as stipulated in the Tender. No other
mode of payment will be accepted.

ii) The Bank Guarantee shall be from any scheduled commercial Bank in India authorized
by Reserve Bank of India other than Bank of China, to issue such bank guarantee on a
non-judicial stamp paper of appropriate value of respective state purchased in the name
of the Bank/Name of the bidder. The date of purchase of stamp paper shall be on or
before the date of execution of Bank Guarantee.
iii) Insurance surety bonds from an Insurer as per guidelines issued by Insurance Regulatory
and Development Authority of India (IRDAI).

iv) Unless otherwise expressly stated,

(a) The Bid Guarantee shall be executed only on behalf of the Bidder on whose name the
bid is submitted.
(b) The Bid and other documents shall be submitted only by the Bidder on whose name
the bid is submitted.
(c) The Bid Guarantee shall be executed only as per the format prescribed by Purchaser
(at „Annexure-A‟ of this Volume). In the event of any deviation in this regard, the
decision of Purchaser as to whether the same could be accepted or not, is final and
binding on the Bidder.
v) The Bidder shall arrange for extension of validity of Bid and that of the Bid Guarantee
upon request from the Purchaser. If the bidder is extending the validity of the bid based
on the request from the purchaser, he should correspondingly extend the validity of the
Bid guarantee also.
vi) The Bid Guarantee submitted in any manner shall not bear any interest.
vii) Any Bid submitted without Bid Guarantee or submitted with part amount, or any
request to adjust it in any other bills etc., or seeking exemption shall be summarily
rejected.
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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

viii) The Bid Guarantee shall be forfeited and the bidder will be banned for 2 years for breach
of the following condition(s):
a) The bid has been unilaterally revoked/ revised / modified/withdrawn before expiry
of bid validity period, by the Bidder(s) (or)
b) The price(s) have been unilaterally increased or altered after the bid opening and
during validity of offer by the bidder, (or)
c) On issue of LOA by NLCIL/NIRL to the bidder, the bidder has omitted or refused to
accept the said LOA within the stated period and/or execute the Contract
Agreement, (or)
d) The Successful bidder, after issue of LOA, omitted or failed to submit Contract
Performance Guarantee within the period specified (or)
e) The bidder furnished Forged /Bogus certificates.

ix) In addition to banning the bidder for 2 years for breach of the above condition(s),
NLCIL/NIRL may resort to the following actions without prejudice to any other
remedies available at law,
1. In the event of any of the contingencies mentioned in Clause 3.8.1 viii (a) and (b),
NLCIL/NIRL shall have the right at their discretion, to reject the Bid without notice
to the Bidder(s).
2. In the event of the contingency mentioned in Clause 3.8.1 viii (c) and (d),
NLCIL/NIRL shall have the right to cancel the LOA/Contract, without notice to the
Bidder(s).
3. In the event of the contingency mentioned in Clause 3.8.1 viii (e), the Bidder will be
disqualified for the tender.
4. In addition to (1) to (3) above, NLCIL/NIRL shall also have the right to Ban the
defaulting Bidder(s) for a period of two years from participating in any of their
tenders at the discretion of NLCIL/NIRL and the decision of NLCIL/NIRL in this
regard shall be final and binding on the Bidder(s) and NLCIL/NIRL would also
inform the matter to other PSUs / Statutory Bodies.

x) Return of Bid Guarantee:

a) The Bid guarantee of the bidders not shortlisted on PQR and techno-commercial aspects
will be returned within 15 days from the date of receipt of approval for shortlisting of the
firms on PQR and techno-commercial aspects.
b) The Bid Guarantee of all unsuccessful Bidders shall be returned within fifteen days from
the date of approval for placement of order on the successful bidder.
c) The bid guarantee of the successful Bidder shall be returned after furnishing of the
Contract Performance Bank Guarantee and Additional BG if applicable to the Purchaser
and acceptance thereof.
d) If any Bidder does not agree to extend the validity of Bid and requests for the return of
the Bid Guarantee, then it can be returned
In all the above transactions the documents shall be sent by Speed Post.
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Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

x) Confirmation of Bank Guarantee:

Confirmation of Bank Guarantee through Structured Financial Messaging System
(SFMS) will be done as follows:
The bank guarantee issued by the issuing Bank on behalf of Bidder in favour of “NLC
India Renewables Limited” shall be in paper form as well as issued under the
“Structured Financial Messaging System”. The details of beneficiary for issue of BG
under SFMS platform is furnished below:

Name of Beneficiary NLC India Renewables Limited

Unit/Area/Division Corporate Office
Beneficiary Bank, Branch State Bank of India
& Address Block-2, Neyveli-607801
IFSC Code SBIN0000958
Swift Code SBININBB457
Email [email protected]

Bid Guarantee submitted in the form of BG Physical mode, which cannot be verifiable
through Structured Financial Messaging System (SFMS) will be rejected summarily.

3.8.2 Pre-Qualifying Requirements (PQR) of the Bidder (Technical & Financial Criteria):
Bidder to refer Clause: 2.0 of Section-1 of Volume IA.
3.8.3 Public Procurement (Make in India): Bidder to refer Clause: 6.0 of Section-1 of
Volume IA.
3.8.4 Price Bid (Part-II)-Bidder to refer Clause 3.8.7.
3.8.5 Integrity Pact Programme:
1. NLCIL is committed to have most ethical business dealing with the Vendors, Bidders
and Contractors of goods and services and deal with them in a transparent manner with
equity and fairness.
2. NLCIL being a signatory in implementing the Integrity Pact Programme with
Transparency International India, all the bidders / contractors required to sign the
„Integrity Pact‟ during the submission of the Techno-Commercial
bids / offers (as per Annexure – E of this Volume).
3. In order to achieve these goals, NLCIL is implementing the Integrity Pact Programme
in co-operation with Central Vigilance Commission (CVC) and renowned International
Non-Governmental Organization, Transparency International India (TII).
4. The Integrity Pact Programme will cover Tenders/Contracts valued at Rs. 1 (one) Crore
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Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

or above.
5. The Integrity Pact Programme covers the following aspects.
i) Commitments and Obligations of NLCIL (Principal).
ii) Commitments and Obligations of Vendors / Bidders / Contractors
(Counterparties).
iii) Violations and Consequences.
iv) Independent External Monitors.
6. As per the Integrity Pact Programme, an “Integrity Pact”, which envisages an
agreement between the prospective Vendors, Bidders & Contractors and NLCIL,
committing the persons / officials of both parties, not to exercise any influence on any
aspect of the contract. Only those Vendors / Bidders / Contractors, who have entered
into such an “Integrity Pact” with NLCIL would be competent to participate in the
bidding. In other words, entering into this Pact would be a preliminary qualification.
7. Hence the bidder shall submit the Integrity Pact agreement duly filled and signed in his
offer enclosed in Part-I cover.
8. The format of “Integrity Pact”, which should form a part of the tender is attached as
Annexure – E of this volume.
9. The details of the Independent External Monitors of NLCIL are given below:
Sl. Name and Address E-mail
No.
1 Shri.Asha Ram Sihag,IAS (Retd.), Email:[email protected]
D-396,Second Floor,
Defence colony,
New Delhi- 110 024.
2 Shri. Anand Deep, IRS (Retd.) Email: [email protected]
Flat No. 804,
Prithvi Ratan Green Apartments,
7/172, Swaroopnagar,
Kanpur – 208 002, Uttar Pradesh.
3 Shri. Prem Chand Pankaj, Email: [email protected]
Ex-CMD/NEEPCO
M-402, Pioneer Park,
Sector-61, Golf Course Extn. Road,
Gurgaon, Haryana.

10. The main role and responsibility of IEM is to resolve issues raised by an intending
bidder regarding any aspect of the tender which allegedly restricts competition or
indicates bias towards some bidders. IEMs are expected to examine process integrity
and not expected to concern themselves with fixing of responsibility on officers.

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Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

11. However, Bidders are requested to visit NLCIL‟s website: www.nlcindia.in for
changes, if any of the Independent External Monitors of NLCIL.
3.8.6 Technical & Commercial Bid (Part-I)
This part shall, interalia, include the following in the same order as listed below.
i) Covering letter clearly indicating the PQR clauses under which the bid is submitted
for BOS Works For Setting Up Of 810 MW (410MW & 400MW ) Solar Project In
RVUNL Solar Park At Pugal, Bikaner District, Rajasthan Under Engineering,
Procurement (Excluding Supply Of Solar PV Modules) & Construction With O&M
for a Period of 03 Years.
ii) Proof of remittance of cost of tender document and Bank Guarantee towards Bid
Guarantee (As per Annexure-A) or Insurance Surety Bond towards Bid guarantee
(as per Annexure – I)if applicable of this Volume.
iii) Duly filled in "Form of Bid Part-I" (As per Annexure-B of this Volume).
iv) Power of Attorney/Authorization with the seal of the company in favour of the
person signing the Bid.
v) Documentary Evidence for meeting Minimum local content as per Cl 6.3(a) & 6.3
(b) of Section 1 of Volume 1A.
vi) Joint Deed of Undertaking (JDU) as per Annexure-F of this Volume, if applicable.
vii) Documentary Evidence for meeting PQR.
viii) Integrity Pact Programme as per Annexure-E of this Volume
ix) Schedule of Prices as per Schedule – F1 along with annexures. Bidder is required
to furnish all the details called for in Notes indicated in the Tables of Schedule –
F1 in the form of separate Annexures.
x) Overall time schedule as per Schedule – F2
xi) Schedule F-3 to F-5 – NOT APPLICABLE
xii) Resource deployment schedule as per Schedule – F6
xiii) Schedule of weights and dimensions as per Schedule – F7- NOT APPLICABLE
xiv) Checklist for Bid submission
xv) Details of Sub-Contractors/Sub-Suppliers/Sub-Vendors
xvi) Quality Assurance Programme.
xvii) Technical Details to be furnished with the Bid as called for in the Technical
Specification. Bidder shall furnish the above separately in the same order as in the
relevant section of Technical Specification Volume(s).
xviii) Bar chart/PERT Network schedule to achieve the time schedule, as per clause 7.0
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Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

xix) of this Volume-IA and details as called for in Section-4 of Volume-IB (Draft
Contract).
xx) All other details as called for in Schedule F1 to F7 to this Volume 1A.
xxi) Technical parameter, Sub Vendors to be proposed by the bidder for the Project.
xxii) Any other information the Bidder wishes to furnish.

3.8.7 Price Bid (Part-II)

i) The Bidders are requested to quote the Prices through online only in the format as
per Schedule of Price F1. Price given in Part-II should cover the entire scope of
work as given in Part-I of the offer.
ii) Bidder shall quote for either single or two blocks based on the PQR eligibility
criteria.
iii) The Price Bid shall contain the following:
(a) Duly filled in Form of bid (Part-II) as per Annexure – C.
(b) Completely filled in Schedule of Prices (Schedule – F1) of Volume – IA.
Note:
i) The Bidder shall quote his price through online against each item of the
schedules as per the Schedule of Prices format. The Bidder shall quote the prices
only once after considering all the pros and cons, risks and contingencies. Rebate
percentage etc., if any, should be spelt out by the Bidder in the first bid itself.
Price quoted in any other format/place other than the Schedule of Price shall be
summarily rejected.
ii) The Bid shall be made in Indian Rupees only and all payments for the entire
scope will be made in Indian Rupees only.
3.9 General
i) Bidders shall submit bids as per clause “Bid submission and opening” detailed in
Section-3, Cl. 3.7 of this Volume. Unsolicited Bids shall not be taken into
cognizance and Purchaser shall not bear any responsibility or liability in this regard.
ii) This is a two-part tender. On the date and time of opening, Online Bid and Physical
Cover (Part– I) containing Bid Guarantee, Joint Deed of Undertaking (JDU) if
applicable, Documentary evidences for PQR, Power of Attorney, technical and
commercial aspects will be opened.
Opening of the Part – II (Price Bid) will be intimated separately to those Bidders
whose Part-I Bid would be determined to be substantially responsive in all respects.
iii) If the Bidder desires to be present at the time of opening of Part-I of bids, it shall
depute its representatives (not more than two persons) in time with due
authorization for participating in the Bid opening.
iv) Purchaser takes no responsibility for delays, loss or non-receipt of Bid documents or

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Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

any letters sent by post/courier either way and also reserve the right to reject any
Bid in part or full without assigning any reasons thereof.
v) Notwithstanding any information and data, which may be contained in these Tender
Specifications, the Bidder has to make independent inquiries and generally obtain
his own information on all matters that may in any way affect prices, risks and
obligations of the bidder under the Contract.
3.10 Signature of Bids
i) The Bid must contain the name and place of business of the person or persons
making the Bid and each page of the Bid must be signed and stamped by the Bidder
with his usual signature. The names of all persons signing should also be typed or
printed below the signature.
ii) Bids by a Corporation / Company must be signed with the legal name of the
Corporation / Company by the President, Managing Director or by the Secretary or
such other person or persons authorized to Bid on behalf of such Corporation /
Company in the matter with the official seal of the company.
iii) Bid by a partnership must be furnished with full names of all partners be signed
with the partnership name, followed by the signature(s) and designation(s) of the
authorized partner(s) or other authorized representative(s).
iv) Satisfactory evidences of authority of a person signing on behalf of the Bidder shall
be furnished with the Bid.
v) The Bidder‟s name stated on the Bid shall be the exact legal name of the Bidder.
vi) Corrections in the Bid documents if any shall be countersigned by the person
signing the Bid.
vii) Printed literature, if enclosed need not be signed.
viii) Bids not conforming to the above requirements are liable to be treated as non-
responsive.

3.11 Clarifications/Corrigendum/ Amendment of Tender Specifications

i) At any time prior to the deadline for submission of Bids, the Purchaser may, for any
reason, whether at his own initiative or in response to clarification(s) requested by a
prospective Bidder, modify the Tender Specifications by amendment.
ii) Clarifications/Corrigendum/Amendment shall be construed to be an integral part of
the Tender Specifications, which will be notified in writing or by e-mail to all the
prospective bidders.
iii) Corrigendum shall be numbered serially.

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Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

3.12 Modification of Bids

The Bidder is not permitted to modify his Bid Suo-moto after the Bid submission.
3.13 Information to be furnished with the Bid
i) The Bidder may indicate in Part-I the name of the manufacturer, the type or model of
each principal item of equipment proposed to be supplied and erected. The Bid
should also contain drawings and descriptive materials indicating general
dimensions, material from which the parts are manufactured, principles of operation
and the extent of pre-assembly involved, major erection equipment required to be
deployed, method of erection and the proposed erection Organization structure.
ii) The above information shall be provided by the Bidder in the form of separate
sheets, drawings, catalogues, etc.
iii) Any Bid not containing sufficient descriptive material to describe accurately the
system / equipment proposed may be treated as incomplete. Such descriptive
materials and drawings submitted by the Bidder will be retained by the Purchaser.
Any major departure from these „drawings and descriptive material submitted will
not be permitted during the execution of the Contract‟ without specific written
permission of the Purchaser.
iv) Oral statements made by the Bidder at any time regarding quality, quantity or
arrangement of the equipment or any other matter will not be considered.
v) Standard catalogue pages and other documents of the Bidder may be used in the Bid
to provide additional information and data as deemed necessary by the Bidder.
3.14 Policy for Bids under Consideration
Bids shall be deemed to be under consideration immediately after they are opened.
While the Bids are under consideration, Bidder‟s and/or their representatives or other
interested parties are advised to refrain from contacting by any means, the Purchaser
and/or his employees/ representatives on matters related to the Bids under consideration.
The Purchaser, if necessary will obtain clarifications on the Bids by requesting for such
information from any or all the Bidders, in writing as may be necessary.
3.15 Validity of Bid
i) The Bid shall be kept valid for acceptance for 150 days from the date of opening of
the Bid.
ii) The Bidder will not be permitted to change the substance of the Bid suo-moto, after
Bid has been opened.
iii) Unilateral revision or withdrawal of offer by the Bidder within the subsistence of the
validity period of offer shall not be permitted. Violation of this condition shall result
in rejection of the Bid without notice, besides the Bidder shall also be banned either
permanently or for a fixed period, at the discretion of Purchaser from participating in
any of the Purchaser‟s tenders.
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Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

3.16 Understanding & Clarification on Documents & Specifications

i) The Bidder is required to carefully examine the specifications and documents and
fully informs himself as to all the conditions and matters which may in any way
affect the „Works‟ or the cost thereof.
ii) Bidders may seek clarifications to the prescribed clauses and / or different part of
the Tender Specifications. Such a request for clarifications, if any, should reach the
Purchaser two days before the date stipulated for pre-bid meeting. The Purchaser
then will issue interpretations and clarifications as it may think fit in during the pre-
bid meeting. After receipt of such clarifications, the Bidder may submit its Bid but
within the time and date as specified in the Invitation for Bid or as amended by the
Purchaser. All such clarifications and the relevant exchange of correspondence
between the parties shall be construed to form part of the tender specifications.
iii) Pre-Bid Conference will be organized and outcome of the pre-bid conference is
binding on all the Bidders. Outcome of the Pre-Bid Conference will be intimated by
the Purchaser to all the Bidders.
iv) In case any queries remain un-replied, it shall be construed that in respect of those
queries, the respective stipulations of the Tender Specifications shall continue to
apply and/or no new stipulations are made with respect to those queries.
v) No extension of time for submission of Bid will be granted on account of Bidders‟
request for interpretation/clarifications.
3.17 Latest Hour for Receipt of Bids
Bids must reach the designated NLC India Limited Office not later than 14:30 Hrs,
Indian Standard Time (IST) on the date fixed for receipt of the Bid as indicated in the
Invitation for Bid. Bids delivered / received after the time and date fixed for the receipt
of the bids shall be liable for rejection.
3.18 Single Bidder Responsibility
i) The scope of supply and services shall be under single Bidder responsibility.
ii) The successful Bidder should not sub contract the entire work on back to back basis
or otherwise.
3.19 No Claim for Compensation for Submission of Bid
i) The submission of any Bid connected with these documents and specifications shall
constitute an agreement that the Bidder shall have no cause of action or claim
against the Purchaser for rejection of his Bid.
ii) Regardless of the conduct or outcome of the bidding process, Bidder shall not be
entitled to claim any costs, charges and expenses incidental to or incurred by him
through or in connection with his submission of Bid or its consideration by the
Purchaser, even though the Purchaser may elect to modify/withdraw the Invitation
for Bid or does not accept the Bid(s).
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Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

3.20 Purchaser’s Right to Accept Bid

i) Purchaser shall always be at liberty to reject or accept any bid or bids at his sole
discretion and any such action will not be called into question and the Bidder shall
have no claim in that regard against the Purchaser.
ii) The Purchaser does not pledge himself to accept the lowest of Bid.
3.21 Deputation of Representatives for Discussion
After opening of the Bid, if the Purchaser desires to have techno-commercial discussion
on the Bid, the Bidder shall be in a position to depute his competent representatives of
various disciplines at short notice with full authority for finalising technical parameters
as well as Commercial Terms and Conditions of the Tender.
3.22 Price Basis
Bidder shall quote as lumpsum firm price basis including applicable Taxes & Duties.
Bidder to refer Section-3, Contract Price of Volume-IB (Draft Contract).

3.23 Evaluation of Bid

The Bids received will be evaluated by the Purchaser to ascertain the lowest evaluated
substantially responsive Bid vis-à-vis the Tender Specifications. The Bidder has to
satisfy himself that full information is furnished as required in the specifications. Lack of
particulars or incomplete information furnished will run the risk of rejection of the Bid.
The following major procedures would be followed for evaluation of Bids.
i) The bidders who satisfy the eligibility criteria as Class-I local supplier shall alone be
considered for evaluation of their bids.
ii) The eligible bidders who qualify in PQR conditions alone shall be considered for
further evaluations for techno-commercial aspects.
iii) All the Bidders would be brought on par with reference to technical specification,
Draft Contract, Instructions to Bidders and subsequent techno-commercial
discussions/ clarifications.
iv) The Bidders who qualify on techno-commercial aspects alone will be considered for
price cover opening (Part-II).
v) For evaluation and comparison of price Bid, Total project cost including O&M price
with taxes & duties will be considered as Total evaluated bid price (CE). For each
block (i.e,410MW &400MW) separately.
vi) All the Sl. Nos. and columns in the „Schedules of Prices‟ shall be quoted. If no
prices are envisaged for any of the entries, „Numeric Zero (0)‟ shall be mentioned.
In this context “Zero (0)‟ mentioned against any item shall construe that the Bidder
shall not charge any amount separately for that item from the Purchaser but cover it
in the scope of work. If the Bidders have not quoted for Taxes & Duties, it is
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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

construed that the Taxes & Duties will be borne by the Bidder.
vii) In case of any Arithmetical errors between the prices quoted in Schedule of Prices:
F1-Table -1 and Table-2 for O&M, the prices quoted in Schedule of Prices: F1-
Table -1 will only be considered for Evaluation. This price shall be binding on the
Contractor.
viii) Bidder shall quote the Total Project Cost with O&M Price including taxes and
duties in block wise.
ix) The Total Quoted Bid Price inclusive of taxes and duties in Total project cost
including O&M Price for comparison of bids shall be calculated up to two places of
decimals.
x) Ranking will be done at the end of e-RA and Lowest bidder of each block shall be
considered as successful bidder.
xi) The Bidders will be ranked starting from the lowest total evaluated bid price (i.e.,
Total EPC cost plus O&M price with taxes and duties) (L1) for the entire scope of
the Contract and increasing in the ascending order (L1, L2, L3......).
xii) From the ranking the bidders starting from Highest total evaluated bid price, H1
shall be eliminated subject to ensuring minimum 4 bidders participation in Reverse
Auction for each block i.e, 400MW and 410MW.
xiii) All the shortlisted bidders for Reverse Auction will be intimated about their
eligibility for participation in Reverse Auction. The Rules and terms & conditions of
reverse auction is given in Clause 3.40.
xiv) Two separate e-RA‟s will be conducted for Block -1 410 MW & Block-2 400 MW
simultaneously.
xv) After Reverse Auction, bidders would be ranked in ascending order as RL-1, RL-2,
RL-3, RL-4 and so on with RL-1 being the bidder with lowest total evaluated Bid
Price. After the Reverse Auction is closed, the bidder with the lowest evaluated bid
price will be considered for award of contract.
xvi) Final Price after RA: The contract shall be awarded to successful bidder who has
quoted the lowest evaluated bid price in Reverse Auction for each block.
xvii) Based on the price ranking, the end user verification/confirmation of the PQR
documents submitted by the bidders shall be carried out.
xviii) In case the documents of the bidder who offered lowest price (RL1) are found to
be false/incorrect, the next lowest bidder‟s offer in their order of price ranking
including the eliminated bidders, if any, will be evaluated for obtaining end user
verification till a successful bidder is identified.
xix) During the above said evaluation process, in case, the documents of the bidder(s)

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

are found to be false / incorrect, then the bid(s) of such bidder(s) shall be rejected
and action of banning / suspension / debarment of such bidder(s) for a specific
period shall be taken by the Purchaser.
xx) After completion of the Reverse Auction event, successful bidder of each block
shall submit item wise price break up for Final Price after RA (INR) for all the
items (i.e., For Sl. No. 1.0 to 6.0 and 9.0 to 14.0 of Schedule of Prices- F1 Table-1)
to Purchaser, within 24 hours of conclusion of the RA as per the ratio quoted in
original Evaluated bid price.
xxi) Bidder to note that the Final Total Price as per item wise detailed break-up
(including taxes and duties) shall not exceed the Award Price to be calculated after
completion of RA.
xxii) If the single bidder is the lowest bidder on both the blocks, Both the blocks would
be allocated to single bidder,
xxiii) Bidder for the BOS tender has to design the plant with reference module as
560Wp and quoted accordingly. However, the actual module will be supplied
from 560Wp and above based on the availability. Hence Suitable adjustment in
the award price in Total EPC Cost shall be carried out during detailed
engineering as per the relevant clause 3.26. The Award price for 3 years O&M
remains the same.
3.24 Technical Loading/Adjustments: Not applicable
3.25 Total Capital Expenditure (CE):
Total Capital Expenditure inclusive of taxes and duties (CE) in Rs. = EPC cost
(Schedule-1 + Schedule-2 + Schedule-3 + Schedule-4) + O&M cost for 3 years
(Schedule-5).
Where,
Schedule-1: Site preparation works
Schedule-2: Supply of Plant and Equipment
Schedule-3: Installation and Commissioning
Schedule-4: Civil and Structural Works
Schedule-5: Operation and Maintenance

3.26 Evaluation Methodology (Post award Adjustment):

Post award Adjustment:

a. Basic Design Parameters like DC/AC ratio, minimum pitch, mounting technology etc for
BOS package has been stipulated in Technical Specifications Volume-II. It is proposed
that bids shall be evaluated based on the Total Project cost including taxes and duties in
block wise (in crores).
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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

b. The actual wattage(s) of the PV Modules offered to BOS vendor can vary depending on
the outcome of the PV Modules tender. Suitable adjustment in price for BOS vendor
shall be carried out during detailed engineering as per the relevant clause.
c. The post award price variation Adjustment shall be based on the actual wattage of the
module supplied.
d. De loading factor is calculated based on the data available at present and the same may
be revised after the allotment of land by RVUNL.
Contract price variation shall be adjusted as per the formula below:

For 410MW Block

Awarded Price based on 560Wp for 410MW (AC) = Rs. X.
Contract Price Variation for each Wp increment from 560MWp= Rs.49,62,242
Wp_new = (Σ (MWp offered for a particular Nominal Wp x Nominal Wp))/574 MWp.
Total Price Reduction (ΔX) = 49,62,242 * (Wp_new - 560).
Final Price after Correction = (X - ΔX).
For 400MW Block
Awarded Price based on 560Wp for 400MW (AC) = Rs. X.
Contract Price Variation for each Wp increment from 560MWp= Rs.48,41,211.
Wp_new = (Σ (MWp offered for a particular Nominal Wp x Nominal Wp))/560 MWp.
Total Price Reduction (ΔX) = 48,41,211 * (Wp_new - 560).
Final Price after Correction = (X - ΔX).
Note:
a. All values for calculation purpose would be rounded off to second decimal place
only.
b. Bidder shall quote as per 560 Wp Bifacial Module.
c. The percentage change in the total contract price shall be limited to 10% during
the execution of contract for change in quantities variation at the quoted rates.

Example For 410MW Block calculation

Awarded price based on 560Wp (X) for 410MW(AC) = 100 Crores.

If 560Wp of 300MWp and 565Wp of 274MWp is supplied by NLCIL/NIRL.
Wp_new = (560*300MWp) + (565*274MWp) / 574MWp = 562.38
Total Price Reduction (ΔX) = 49,62,242* (562.38-560) = 1,18,10,136
Final Price after Correction for 410MW (AC)
Rs. = (X - ΔX) =100,00,00,000 – 1,18,10,136
Rs. = 98,81,89,864.
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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

Example - 400MW block calculation

Award Price based on 560Wp (X) for 400MW (AC) = 100 Crores.
If 560Wp of 300MWp and 565Wp of 260MWp is supplied by NLCIL/NIRL .
Wp_new = ((560*300MWp) + (565*260MWp)) / 560MWp = 562.32
Total Price Reduction (∆X) = 48,41,211* (562.32-560) = 1,12,31,609.52
Final Price after Correction for 400MWp (AC)
= (X - ∆X) = 100,00,00,000 -1,12,31,609.52= 98,87,68,390.48

3.27 Local Conditions

Wages not less than Minimum wages for Contract labor shall be paid as applicable in
this region from time to time. Claims and objections due to ignorance of site conditions
will not be considered after submission of Bid.
(a) The Bidder is required to carefully examine the Technical & General Specification,
Terms and Conditions of Draft Contract and other details relating to work given in
the Tender Specification and fully acquaint himself as to all conditions and matters
which may in any way affect the work or the cost thereof. The Bidder shall be
deemed to have on his own and independently obtained all necessary information
for the purpose of preparing the Bid and his Bid as accepted shall be deemed to have
taken into account all contingencies as may arise due to such information or lack of
the same.
(b) The Bidder shall be deemed to have exhaustively examined the Tender
Specifications including the Draft Contract, to have obtained all information and
clarifications on all matters whatsoever that might affect the carrying out of the
work and to have satisfied himself as to the adequacy of his Bid. He is deemed to
have known the scope, nature and magnitude of the work and the requirements of
materials and labor involved etc. and as to all work he has to complete in
accordance with the Contract for the adequacy of his Bid. Whatever be the defects,
omissions or errors that may be found in the tender/ Bid Documents after
submission of Bid, it shall be to the account of the Bidder.
(c) The Bidder shall be deemed to have visited and carefully examined the site and
surroundings, to have satisfied himself about the nature and details of all existing
structures, if any, and also as to the nature and conditions of the railways, roads,
bridges and culverts, means of transport and communications, whether by land,
water or air and as to possible interruptions thereto and the access to and from the
site, to have made independent enquiries, examined and satisfied himself as to the
sources for obtaining earth, gravel, sand, stones, bricks and all other construction

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

materials, the site for disposal of surplus earth and debris, the available
accommodation, underground existing services, sub-soil water conditions, storms,
prevailing winds, climatic conditions and all other similar matters which may affect
the work.
(d) The Bidder shall be deemed to have acquainted himself with the Indian Income tax
Act, 1961, Indian Companies Act, 1956, Indian Customs Act, 1962, Indian Central
Excise Act, GST Act, Indian Electricity Act, Interstate Migrant Workmen Act 1979,
Factories Act, Pollution Control Regulations and other related Acts & Laws
prevalent in India and as amended from time to time. The Purchaser shall not
entertain any request for clarifications from the Bidders regarding such local
conditions.
(e) Any neglect or omission or failure on the part of the bidder in obtaining necessary
and reliable information as stated above or on any other matter affecting the Bidder
shall not relieve him from any risk or liabilities or the entire responsibility for
completion of the work in accordance with the Tender Specifications.
3.28 Deviations
i) Bidders will not be allowed to take any deviations in the Tender conditions. Bidders
are permitted to furnish clarification / deviation, if any, during pre-bid stage only.
Deviations listed elsewhere in the Bid shall not be considered and will be summarily
rejected. Separate printed standard terms and conditions of the Bidder shall not be
taken into cognizance and shall be totally rejected.
ii) No alterations or disfigurement, other than filling in particulars wherever called for in
the formats of the Tender Specifications shall be made in the Bid. Any
changes/modifications made by the Bidder in Bid documents itself shall not be taken
into consideration.
iii) If at any later date, it is found that documents, information, averments and data
submitted by the bidder in the Bid, based on which the Bidder has been considered
eligible or successful or has been awarded the Contract is incorrect or false to the
extent that had the correct or true information been made available to the Purchaser at
time of tender evaluation, the Bid would have been declared ineligible or
unsuccessful, the Bidder shall be forthwith disqualified or, as the case may be, the
Contract awarded based on such incorrect or false information shall be cancelled and
the CPG /Back up Guarantee for compliance to JDU, if applicable / any other
Guarantees deposited shall be appropriated by the Purchaser towards Purchaser‟s
cost, loss and damage to Purchaser.
3.29 Suspension/Banning/Debarment
The Bidder will be disqualified for this tender and also would be banned for (2) Two
years for the following acts:

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

i. Formation of Cartel with other Contractors with a view to artificially hike the prices.
ii. Wilful suppression of facts or furnishing of wrong information or
manipulated/forged documents or using other illegal/unfair means.
iii. If the bidder withdraws/modifies/impairs/derogates his offer on his own after
tenders are opened or fails to accept the LOA/fails to submit CPG.
Purchaser would also be at liberty to inform the matter to other PSUs of the Government
of India / Statutory Bodies.
Any firm which is placed under Suspension/Banning/Debarment by NLCIL/NIRL will
not be allowed to participate in any tender issued on or after the date of
suspension/banning/ debarment order and also if that firm has already participated in any
tender, which is under process their bid will not be considered for further processing.

3.30 Signing of Contract

i) The enclosed Draft Contract of Volume-IB shall form the basis of the Contract to be
entered into with the successful Bidder. The Bidder shall carefully go through the
terms and conditions given in the draft contract and his offer (Bid) should be in line
with the terms and conditions specified therein.
ii) Contract will be signed and executed by and between the Purchaser and the
successful Bidder, at the earliest but not later than three (3) months from the
Purchaser‟s Letter of Award, which shall be valid till completion of all the
obligations on the part of the Contractor under this Contract. The successful bidder
shall present himself for signing of the Contract with proper power of attorney and
other requisite materials. The Purchaser shall prepare two (2) originals of Contract as
described for signing the Contract. One (1) original will be given to the Contractor for
his record and other original will be retained by the Purchaser. Within one (1) month
after signing the Contract, the Contractor shall make and submit 15 (fifteen) photo-
copies of the Contract documents complete with all enclosures, neatly bound, to the
Purchaser, along with a scanned copy in Pen drive of entire document free of charge.
iii) Single Contract or Separate Contracts for Supplies, Services, Maintenance during
warranty period etc., may be entered with suitable interlinking clauses. Separate
contracts will be entered in to for three years Operation and Maintenance. The
contract price for O&M shall be firm till completion of the contract period.
iv) Method of issuing Contract:
Two separate Contract will be issued for 410MW and 400MW BOS packages along
with one year warranty period and 03-year paid O&M.

3.31 Agency Commission

No Agency commission shall be payable under the Contract.

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

3.32 Priority of Documents

Subject to the conditions enumerated in the Draft Contract, the tender will be governed
by “Technical Specification and Conditions of Contract” as detailed in the document.
The Technical Conditions of Contract shall prevail over the other conditions elsewhere
specified in the Tender Specification in case they differ from other conditions to the
extent they differ from other conditions.
3.33 CONTRACT PERFORMANCE BANK GUARANTEE (CPG)
As a Contract security, the successful Bidder, to whom the work is awarded, shall be
required to furnish a Contract Performance Guarantee (CPG) as per Format in Volume –
IB (Draft Contract), in favour of the Purchaser within 30 days from the date of issue of
Letter of Award (LOA). The guarantee amount shall be equal to Ten percent (10%) of
the „Contract value excluding O&M Price for 3 years‟ and it shall guarantee the faithful
performance of the „Contract‟ in accordance with the terms and conditions specified in
these documents and specifications. The Contract Performance Bank Guarantee shall be
valid for 27 months (i.e., 12 months from date of LOA + Warranty period of 12 months
+ 3 months grace period).
The Contract Performance guarantee Ten percent (10%) of the Contract Price excluding
O&M Price for 3 years will be released on receipt and acceptance of O&M BGs.
3.33.1 CONTRACT PERFORMANCE GUARANTEE FOR O&M (CPG for O&M)
a. CPG for O&M Compensation: 5% of revenue generated out of Expected net energy
export (as per Vol-II, technical schedule-2) at a tariff of Rs. 2.64 per Unit. By
Considering 28.8% CUF, for 400MW and 410MW, the value of Bank Guarantee for
shortfall in Generation works out Rs. 13.5 Crores and 14 Crores per annum
respectively.
b. CPG for O&M period (i.e., Defects Liability/Warranty period): 1% of the total contract
price excluding O&M charges.
c. The O&M BGs (i.e., CPG for O&M Compensation and CPG for O&M period (i.e.,
Defects Liability/Warranty period) shall have a validity of 90 days beyond the actual
date of successful completion of operation and maintenance contract period. The
Contractor shall submit both the Bank Guarantees within 30 days after completion of
SCOD.
d. The Contract Performance Bank Guarantee for EPC Contract will be returned to the
Contractor without any interest after 90 (ninety) days from the expiry of warranty
period or after date of final take over whichever is later and on receipt and acceptance
of BG for O&M period and BG for shortfall in generation during O&M period for
period of 3 Years.
3.34 Contract Quality Assurance
i) The Bidder shall include in his Bid a detailed Quality Assurance Programme
containing the overall quality, management and procedures which he proposes to
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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

follow in the performance of the „Works‟ during various phases.

ii) After Letter of Award (LOA) the detailed Quality Assurance Programme to be
followed for the execution of the „Contract‟ will be mutually discussed and agreed
to and such agreed Programme shall form a part of the „Contract‟.
3.35 Codes & Standards
Specifications give reference to Indian or Internationally accepted Standards. However,
equipment or materials meeting other recognized National or International Standards,
which ensure an equal or superior quality than Standards specified, will also be
accepted. For details of codes and standards refer Technical specification.
3.36 Drawing List
The Successful bidder on issue of Letter of Award (LOA) shall submit the list of
engineering drawings to be submitted by him for the complete package to the Purchaser
for review, approval and information clearly indicating date of submission within the
time schedule furnished in the Bar Chart/PERT Network indicated in Section-4 of
Volume-IB. On receipt of list of drawings, NLCIL/NIRL shall review and finalize the
drawing list for easy monitoring of status of the drawings.
3.37 Standardization & Variety Reduction
i) With a view to standardize maintenance procedures, reduce spares inventory and
achieve interchangeability, the Purchaser desires to have, as far as practicable,
dimensionally and otherwise identical components and parts of equipment which are
common within the package.
ii) This will apply to items like, Electric Motors, Switchgear, Relays, Panels and
Desks, SCADA Instruments, inverter, cables and transformers etc. In respect of
bought out items, the Contractor shall therefore arrange to Standardize and offer
specifically identified Manufacturer‟s equipment in consultation, at the appropriate
time with the Purchaser.
iii) It shall be responsibility of the Bidder to interact with the Purchaser well in advance
and in any case ahead of supply schedule so as to obtain whatever details of
specifications / parameters of components, as are necessary in this regard. The
successful bidder shall not be entitled to any increase in the Contract Price or to any
extension of time, on account of this clause, nor shall the warranty period /
conditions be altered as a result. No request for extension of time or increase in
price on this account shall be entertained by the Purchaser.
3.38 Vital Clauses
The following clauses in the “Instructions to Bidders” and “Draft Contract” are vital.
Bidder is advised not to take deviations to these clauses. If deviations are taken from
the stipulations of these clauses, such Bids would be liable for rejection:
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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

i) Scope of Work
ii) Time Schedule
iii) Price Basis
iv) Contract Performance Guarantee (CPG)
v) Joint Deed of Undertaking (JDU), if applicable
vi) Warranty
vii) (a) Price Reduction & (b) Penalty
viii) Force Majeure
ix) Arbitration
x) Taxes & Duties
xi) Bid Guarantee
xii) Patents, Indemnity
xiii) Validity of Bids
xiv) Governing Laws
xv) Termination
3.39 Pre-Bid meeting:
Pre-bid meeting will be held on the date and time indicated in the Tender Documents
through video conference. The points for discussion / clarification shall be furnished in
advance of Scheduled Date of Pre-bid meeting, both in hard and editable soft copy
(like word document) to the Chief General Manager/Contracts /Corporate Office, NLC
India Limited, Neyveli - 607 801 and also to the following E-mail ID:
[email protected]
3.40 RULES FOR REVERSE BIDDING/AUCTION
1. Rules of Reverse Bidding/Auction: The price bids of all the bidders who were
techno-commercially qualified will be opened online with due intimation to the
concerned bidders.
2. Schedule for Reverse Bidding: After Price e-Bids are opened online, date and time
of start of Reverse Auction shall be intimated to all the eligible bidders. Scheduled
duration of Reverse Auction shall be normally two hours.
3. Auction extension time: If a valid bid is placed within Ten (10) minutes of End
Time of the Reverse auction (RA), then RA duration shall get automatically
extended for another Ten (10) minutes from the existing end time. It may be noted
that the auto-extension will take place only if a valid bid comes in those last Ten
(10) minutes. If a bid does not get accepted as the lowest bid, the auto-extension
will not take place even if that bid might have come in the last Ten (10) minutes.
The above process will continue till no bid is received in last Ten (10) minutes
which shall mark the completion of Reverse Auction. However, bidders are advised
not to wait till the last moment to enter their bid to avoid complications related to
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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

internet connectivity, their network problems, system crash down, power failure etc.
4. Procedure of Reverse Auctioning:
I. The Reverse Auction will be conducted based on lowest evaluated bid price
emerged as per Clause 3.23 in Section-3 of Volume 1A of Tender Specifications.
II. The „Opening Price‟ i.e. Start Price for RA (Reverse Auction) shall be the lowest
Evaluated bid price (L1 price).
III. Bid Decrement shall be 0.1% of the start price for Reverse Auction and its
multiples.
IV. “RL1” Bid is the last offered price i.e. further no bidder responds within the time
limit.
V. After completion of the online Reverse Auction, the Closing Price (i.e. RL1 price)
shall be available for further processing.
VI. After Reverse Auction, the price break-up for all components shall be arrived at
the same ratio as quoted in their initial price bid such that the total price shall be
equal to the lowest quoted Bid Price during Reverse Auction.
3.40.1 NLCIL shall conduct the Online Reverse Auction and the terms and conditions
shall be as below:
i. Once NLCIL decides to conduct reverse auction for a tender, an e-mail containing
the terms and conditions, date and time of reverse auction (RA), the start price and
the decrement amount will be sent to all the eligible bidders to their Email ID
enrolled with NLCIL NeAT portal (https://procure.nlcindia.in). The same will also
be available in the home page of NLCIL. e-contracts site after logging in under
Reverse auction menu. It shall be the sole responsibility of the bidders to view such
emails and participate in the Reverse Auction. NLCIL shall not be responsible for
any failure on the part of the bidders to notice the emails.
ii. In case of any change in the bidders Email ID, it is the responsibility of the bidder to
update his Email ID then and there (available under “Update Profile” menu using
secure login). NLCIL does not hold any responsibility for the lapses on the bidders‟
side in this regard.
iii. The bidders are also requested to login to NLCIL NeAT portal
(https://procure.nlcindia.in) regularly and view the details of Reverse Auction (RA).
iv. The duration indicated in the auction screen, will be the minimum duration for the
Reverse Auction process.
v. If a bid is received in the last 10 minutes of closing of the auction, the auction gets
extended automatically for 10 minutes (rounding off to the nearest minute) from the
time of last bid. If no bid is received in the last 10 minutes the auction will get
closed. However, bidders are advised not to wait till the last minute or last few
seconds to enter their bid to avoid complications related with internet connectivity,
network problems, system crash down, power failure, etc.
vi. During the course of Reverse Auction if any problem arises in NLCIL‟s Server that
interrupts the participation of the bidder in RA and resulting in closure of RA,
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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

NLCIL reserves the right to reconduct RA with the last bid price offered in the RA.
The rescheduled date and time of RA will be intimated to the qualified bidders by e-
mail / SMS.
vii. RA screens are activated 10 minutes before the start of the Reverse Auction.
viii. In all cases, bidder should use their own ID and Password along with Digital
Signature at the time of submission of their bid.
ix. During the entire e-reverse auction process, the bidders will remain completely
anonymous to one another and also to everybody else.
x. The e-reverse auction floor shall remain open from the pre-announced date & time and
for as much duration as mentioned above.
xi. All electronic bids submitted during the e-reverse auction process shall be legally
binding on the bidder. Any bid will be considered as the valid bid offered by that
bidder and acceptance of the same by the NLCIL will form a binding contract
between NLCIL and the Bidder for execution of work.
xii. It is mandatory that all the bids are submitted with digital signature certificate
otherwise the same will not be accepted by the system.
xiii. The Start Price and the minimum Bid decrement value shall be displayed to the
Bidders at the start of the Reverse Auction. The bidder can bid lower than the
current bid amount however such bid should be single or multiple of decrement
value.
xiv. Bidders shall be required to start bidding from this Start price, reducing their price by
minimum one decrement value or multiple of decrement value by clicking the
calculator button under the column „Action‟.
xv. A single Bid cannot have more than 5 times the decrement value from the current
lowest bid. In case the bidder wants to give more than 5 times the decrement value,
he can give multiple bids.
xvi. At the end of Reverse Auction, the lowest closing bid will be considered for further
processing.
xvii. NLCIL‟s decision on award of the order shall be final and binding on all the bidders.
xviii. The lowest bidder‟s price shall be final.
xix. Bids once made by the bidder cannot be revoked / withdrawn by them and the bidder
shall be bound to accept the price indicated in the auction as per their final bid price.
Should the bidder fail to accept the prices quoted and in conformity with the terms
and conditions of enquiry, their offer will be rejected without any notice besides
debarring the firm for a fixed period from participating in any of the NLCIL tenders
and encashing the Bid guarantee if any.
xx. NLCIL reserves the right to reschedule or cancel the Reverse Auction Process /
Tender at any time without any notice or assigning any reason thereof.
xxi. The time of NLCIL Server, hosting the reverse auction will be the basis for all time
related activities i.e., start of auction, closing of auction, acceptance of bid, etc. The
server time shall be treated as final and binding. Bids recorded in the server before
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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

the bid closing time will only be treated as valid bid. Bidders are, therefore, advised
to submit their bids well before the closing time of e-reverse auction. If any bid
reaches the server after the bid closing time as per server time, the same will not be
recorded and no complaint in this regard shall be entertained.
xxii. NLCIL is not liable for any interruption or delay in accessing NLCIL‟s Website
irrespective of the cause and for any system problems or inability to use the system
by the Bidders. Bidders are requested to make all the necessary arrangements /
alternatives whatever required so that they are able to circumvent such situation and
be able to participate in the reverse auction successfully.
xxiii. The Bidder shall not involve himself or any of his representatives in Price
manipulation of any kind directly or indirectly by communicating with other
suppliers / bidders.
xxiv. The Bidder shall not divulge either his Bids or any other exclusive details of NLCIL
to any other party.
xxv. The prevailing / current lowest bid will be displayed on the bidding screen during
the course of e-reverse auction and all subsequent bids shall have to be quoted lower
than the prevailing / current lowest bid.
xxvi. Bidders are advised to exercise caution in quoting their bids in e-reverse auction to
avoid any mistake. Bids once submitted can‟t be recalled.
xxvii. Any order resulting from this bidding process shall be governed by the terms and
conditions mentioned in the Tender. No deviation to the technical and commercial
terms & conditions are allowed. NLCIL reserves the right to cancel this bidding
process (e-reverse auction) or extend the due date of receipt of bid(s) without
assigning any reason thereof.

*****

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VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

SECTION-3

ANNEXURES

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

ANNEXURE-A

FORMAT OF BID GUARANTEE

1) This guarantee should be furnished by a Scheduled Commercial Bank in India,
authorized by RBI, other than Bank of China in the same format as given below.
NIRL reserves its rights to reject the Bank Guarantee if the same is not in the specified
format.
2) The bank guarantee should be furnished on stamp paper of appropriate value of
respective state purchased in the name of the Bank/Name of the bidder.
3) The bid guarantee amount shall be in Indian rupees only.
4) The bid guarantee shall be executed only as per the format prescribed by NIRL. In the
event of any deviation the decision of NIRL as to whether the same could be accepted
or not is final and binding on the bidder.
5) The stamp paper should be purchased in the Name of the Bank executing the
Guarantee/Name of the bidder. The date of purchase of stamp paper shall be on or
before the date of execution of Bank Guarantee.
6) NIRL reserves its right to reject the offer of the bidder, if any of the above conditions
are not adhered to while furnishing the bids.
7) The bank guarantee issued by the issuing Bank on behalf of Bidder in favour of
“Name of Company” shall also be confirmed through Structural Financial Messaging
System (SFMS).
8) Bank Guarantee submitted in physical mode, including EMD/Bid Guarantee, which
cannot be verifiable through SFMS will be rejected summarily.
__________________________________________________________________________
REF: Tender No......................... DATE:
BANK GUARANTEE No:
To
NLC India Renewables Limited
Corporate Office, Block-1,
Neyveli - 607 801, Cuddalore Dist., Tamil Nadu, India.

Dear Sirs,
In accordance with your "Invitation to Bid" under your Tender No. ................. M/s ...............
..........................herein after called the Bidder, having its registered office/head office at
………….. with the following Directors on their Board of Directors / partners of the firm:
1. ................ ........................ 2...... ...................................
3....................... ................... 4...................... ...................
5.................... ...................... 6.......................... ...............
7....................... ................... 8.......................... ...............
9....................... ................... 10.......................... ...............
wish to participate in the said bid for ………………
As an irrevocable Bank Guarantee against Bid Guarantee for a sum of

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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

INR/FC.………………….……(in words and figures) valid for 150 days

from…………………………… (the date of bid opening) is required to be submitted by the
Bidder as a condition precedent for participation in the said bid, which amount is liable to be
forfeited on the happening of any contingencies mentioned in the Bid documents.
We, the ………………………Bank at …………………… having our Head Office at
…..……………… (local address) guarantee and undertake to pay immediately on demand by
NLC India Renewables Limited.
The guarantee shall be irrevocable and shall remain valid up to ….…………….
If any further extension of this guarantee is required the same shall be extended to such required
period (not exceeding one year) on receiving instruction from M/s…………… on whose behalf
this guarantee is issued.
Notwithstanding anything contained herein:
a. our liability under this bank guarantee shall not exceed ............................ (in words)
b. this bank guarantee shall be valid upto ……………..; and
c. we are liable to pay the guaranteed amount or any part thereof under
this bank guarantee only and only if you serve upon us a written claim or
demand on or before ………………
In witness whereof the Bank, through its authorised officer has set its hand and stamp on this
….. day of …….. at …………………….

Signature :
Name :
Designation :
Staff Code No.:
Banker‟s Seal :
Date :
WITNESS
1. Signature................. 2. Signature...................
Full Name in (Block Letters) ............ Full Name in (Block Letters) ........
Designation Designation
Address Address

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

ANNEXURE –B
FORM OF BID
To be submitted by the Bidder in
Part-I [Techno-commercial]
From:
To:
NLC India Renewables Limited,
Corporate Office, Block-1,
Neyveli - 607801,
Cuddalore Dist.,
Tamil Nadu, India
Sub :

Ref : Tender No.CO CONTS/ …../…………………, Dt. ……………….

Dear Sirs,

1. Having carefully examined the Tender Documents attached to your Invitation to Bid
No_________________ dated__________, and its Amendments / Errata / Corrigendum /
clarifications issued till the date of tender opening, we agree to complete the „works‟ in
conformity with all the terms and conditions stated in Tender Documents and its
Amendments / Errata / Corrigendum / Clarifications issued till the date of tender opening
and as per time schedule given in Tender Documents. The plant, equipment and systems
offered are of the best and latest technology and of international standards.
2. I/We declare and certify that I/We fully satisfy the eligibility criteria and the documentary
proof as called for, have been annexed.
3. We undertake, in case our Bid is accepted, to commence the work from the date of Letter
of Award and to complete and deliver the whole of the work and responsibilities
comprised in the Contract as per Time Schedule given in Tender Documents.
4. We are submitting the Bid Guarantee for a sum of …….. (Rupees….. only) as instructed
by you. This Bid Guarantee shall be governed as per the stipulations provided in the
"Instructions to Bidders".
5. We agree to abide by and keep our Bid valid initially for a period of 150 (One Hundred
and Fifty) days from the date of opening of bid (Part-I) by NLC India Limited/NIRL and
it shall remain binding on us and may be accepted at any time before the expiry of that
period.
6. Should our Bid be accepted, we hereby agree to abide by and fulfill all terms and
conditions of Tender Documents as accepted by us and in default thereof, to forfeit and
pay to NLC India Ltd/NIRL or NLC India Ltd.‟s successors, assignees or authorized
nominees such sums of money as are stipulated in conditions contained in Tender
Documents and agree to furnish Bank Guarantee for Contract Performance as per the
proforma prescribed by NIRL and acceptable to NIRL and for the sum equal to 10% of
the "Contract Price excluding O&M price for 3 years", for the entire scope of work within
30 days from the date of Letter of Award.

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VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

7. We understand that NLC India Ltd/NIRL is not bound to accept the lowest or any Bids
received and NLC India Ltd/NIRL has the right to reject any Bid, without assigning any
reason whatsoever.
8. This Bid together with written acceptance thereof, shall constitute a binding Contract
between NLC India Ltd/NIRL. and ourselves till a formal Contract is executed.
9. We have noted the contents of clause 6.0 of Section-1 of Volume-IA in line with DIPP
order and its subsequent Amendments and confirm compliance to the requirements.
Signed this --------------------day of ----------------- 2025

Signature :
Name :
Designation :
Company :
Company Seal
Date :

xxxxx

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

ANNEXURE - C
FORM OF BID
To be submitted by the Bidder in
Part-II– [Price Bid]
NLCIL‟s Tender No. : Dated :
Our Bid No :
From:
To:
NLC India Renewables Limited
Corporate Office, Block-1
Neyveli – 607 801, Cuddalore Dist.,
Tamil Nadu, India.

Dear Sirs
1. I/We, the undersigned have carefully examined and understood the Tender Documents
including the Amendments/Errata/Corrigendum/Clarifications issued till the date of
Tender Opening. I/We hereby agree to carry out the entire works as described in the
specifications in conformity with the specifications and Tender Documents, as per prices
quoted by us in the Schedule of Prices (Schedule F1 – Table 1) enclosed herewith.
2. In the event of our offer being accepted, we agree to furnish a Bank Guarantee for
Contract Performance as per the proforma prescribed by NLC India Renewables Limited
and acceptable to NLC India Renewables Limited and for the sum equal to 10% (Ten
percent) of “Total Contract Price excluding O&M price for 3 years” within 30 days from
the date of Letter of Award.

Signed this --------------------day of ----------------- 2025.

Signature :
Name :
Designation :
Company :

Company Seal
Date :

xxxxxx

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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

ANNEXURE-D

AFFIDAVIT (to be furnished by all bidders)

.
******

From:
(Name & Address of Bidder)
……………………………….

……………………………
We do hereby declare that the contents of the offer submitted vide No._____________ against
this tender (i.e Tender No. CO CONTS/ ………………………………., Dt. …………) have
been submitted after fully understanding that the information contained in the offer and the
documents enclosed/provided along with the bid are true, correct and complete in every aspect
and that if any information contained therein is found to be false/incorrect/fabricated, offer shall
be considered as null and void and we shall be liable for any penal action as per the provisions of
Law for the time being in force.
i) I/We ……..........………………. Partner / Legal Attorney / Proprietor/ Accredited
Representative of M/s……………………. declare that, we are submitting our offer/bid for
the supply of equipment/material/works/services vide our offer…………………………….
dated ……….
ii) The contents/enclosures/documents of the offer are submitted after fully understanding that
all the information furnished by me / us are correct and true and complete in every respect
and all documents/credentials submitted along with the offer/bid are genuine, authentic, true
and valid.
iii) During the verification of offer or even at a later date, if any information or document
submitted by me/us is found to be false /fabricated/ incorrect, the said offer shall be
considered absolutely null and void and action as deemed fit shall be taken against me / us
including forfeiture of EMD/Bid Guarantee/Security Deposit/Contract Performance
Guarantee and action of suspension/banning/debarring/black-listing of my / our firm
(including all partners of the firm)/company as per the tender conditions and law.
Authorized Signatory
(Name & Designation)
Place:
Date : Seal:

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

ANNEXURE – E

FORMAT FOR INTEGRITY PACT

(To be executed on plain paper and applicable for all tenders of value above Rs 1 crore)

Integrity Pact Between NLC India Limited (NLCIL)/ NIRL hereinafter referred to as "The
Principal” and............................. hereinafter referred to as ''The Bidder/ Contractor"

Preamble:
The Principal intends to award, under laid down organizational procedures, contract/s for
………………………… The Principal values full compliance with all relevant laws and
regulations, and the principles of economic use of resources, and of fairness and transparency in
its relations with its Bidder/s and Contractor/s.
In order to achieve these goals, the Principal cooperates with the renowned international Non-
Governmental Organization ''Transparency International" (TI). Following TI's national and
international experience, the Principal will appoint an Independent External Monitor who will
monitor the tender process and the execution of the contract for compliance with the principles
mentioned above.
Definitions:
In pursuance of the above Pact, for the purposes of this provision, the Principal defines the
relevant terms set forth therein as under:
1) “Contract” means the contract entered into between the Principal and Bidder (or
Tenderer) / Contractor for the execution of work mentioned in the preamble above.
2) “Contractor” means the bidder or tenderer whose tender (bid) has been accepted by the
principal or Company whose tender (bid) has been accepted and shall be deemed to
include his/its/their successors, representatives, heirs, executors and administrators
unlessexcluded by the Contract.
3) “Coercive practice” means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the procurement process or
affect the execution of a contract; In order to achieve these goals, the Principal
proposes to appoint one or more Independent External Monitor/s who will monitor the
tender process and the execution of the contract for compliance with the principles
mentioned above.
4) “Collusive practice” means a scheme or arrangement between two or more bidders, with
or without the knowledge of the Principal designed to establish bid prices at artificial,
noncompetitive levels; and
5) “Corrupt practice” means the offering, giving, receiving or soliciting of anything of
value to influence the action of a public official in the procurement process or in
contract execution;
6) “Fraudulent practice” means a misrepresentation of facts in order to influence a

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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

procurement process or the execution of a contract to the detriment of the Principal and
includes collusive practices among Bidders (Prior to or after bid submission) designed
to establish bid prices at artificial, non-competitive levels and to deprive the Principal
of thebenefits of free and open competition;

7) “Independent External Monitor” means a person, hereinafter referred to as IEM

appointed, in accordance with Section 8 below, to verify compliance with this agreement.

8) “Party” means a signatory to this agreement.

9) “Purchaser” means NLC INDIA LTD, Neyveli, incorporated under the Companies Act
1956, having their registered Office at Chennai-600 010 and includes their successors.
10) “Bidder or Tenderer” means the person, firm or company submitting a tender (bid)
against the invitation to Tender (bid) and includes his/its/their staff, consultants, parent
and associate and subsidiary companies, agents, consortium and joint venture partners,
subcontractors and suppliers, heirs, executors, administrators, representatives,
successors.
Section 1 - Commitments of the Principal
(1) The Principal commits itself to take all measures necessary to prevent corruption
andto observe the following principles:
1 No employee of the Principal, personally or through family members, will in
connection with the tender for, or the execution of a contract, demand, take a
promise for or accept, for him/herself or third person, any material or
immaterial benefit which he/she is not legally entitled to.
2 The Principal will, during the tender process treat all Bidders with equity and
reason. The Principal will in particular, before and during the tender process,
provide to all Bidders the same information and will not provide to any Bidder
confidential/additional information through which the Bidder could obtain an
advantage in relation to the tender process or the contract execution.
3 The Principal will exclude from the process all known prejudiced persons.
(2) If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the relevant Anti-Corruption Laws of India, or if there be a
substantive suspicion in this regard, the Principal will inform its Vigilance Office and
in addition can initiate disciplinary actions.

Section 2 - Commitments of the Bidder/Contractor

(1) The Bidder / Contractor commits itself to take all measures necessary to prevent
corruption. He commits himself to observe the following principles during his
participationin the tender process and during the contract execution.
1. The Bidder / Contractor will not, directly or through any other person or firm,
offer, promise or give to any of the Principal's employees involved in the tender
process or the execution of the contract or to any third person any material or
immaterial benefit which he/she is not legally entitled to, in order to obtain in
exchange any advantage of any kind whatsoever during the tender process or

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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

during the execution of the contract.

2. The Bidder / Contractor will not enter with other Bidders into any undisclosed
agreement or understanding, whether formal or informal. This applies in
particular to prices, specifications, certifications, subsidiary contracts,
submission or non- submission of bids or any other actions to restrict
competitiveness or to form cartels in the bidding process.
3. The Bidder /Contractor will not commit any offence under the relevant
Anticorruption Laws of India: further the Bidder /Contractor will not use
improperly, for purposes of competition or personal gain, or pass on to others,
any information or document provided by the Principal as part of the
business relationship, regarding plans, technical proposals and business details,
including information contained or transmitted electronically.
4. The Bidder / Contractor will, when presenting his bid, disclose any and all
payments he has made, is committed to or intends to make to agents, brokers
or any other intermediaries in connection with the award of the contract.
5. The Bidder / Contractor of foreign origin shall disclose the name and address
of the Agents / representatives in India, if any. Similarly, the Bidder /
Contractor of Indian Nationality shall furnish the name and address of the
foreign principals, if any.
6. In Case of subcontracting, the principal contractor shall take the responsibility
of the adoption of IP by the sub-contractor.
(2) The Bidder / Contractor will not instigate third persons to commit offences outlined
above or be an accessory to such offences.
Section 3 - Disqualification from tender process and exclusion from future contracts
If the Bidder, before contract award has committed a transgression through a violation of
Section 2 or in any other form such as to put his reliability or credibility as Bidder into
question, the Principal is entitled to disqualify the Bidder from the tender process or to
terminate the contract,if already signed, for such reason.
(1) If the Bidder / Contractor has committed a transgression through a violation of Section 2
such as to put his reliability or credibility into question, the Principal is entitled also to
exclude the Bidder /Contractor from future contract award processes. The imposition
and duration of the exclusion will be determined by the severity of the transgression.
The severity will be determined by the circumstances of the case, in particular the
number of transgressions, the position of the transgressors within the company
hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed
for a minimum of 6 months and maximum of 3 years.
(2) A transgression is considered to have occurred if the Principal after due consideration of
the available evidence, concludes that no reasonable doubt is possible.
(3) The Bidder accepts and undertakes to respect and uphold the Principal's absolute right to
resort to and impose such exclusion and further accepts and undertakes not to
challenge or question such exclusion on any ground, including the lack of any hearing
before the decision to resort to such exclusion is taken. This undertaking is given freely
and after obtaining independent legal advice.

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

(4) If the Bidder / Contractor can prove that he has restored / recouped the damage caused
by him and has installed a suitable corruption prevention system, the Principal may
revoke the exclusion prematurely, provided such systems has been audited by an
independent agency.

Section 4 - Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award
according to Section 3, the Principal is entitled to demand and recover from the Bidder
liquidated damages equivalent to Earnest Money Deposit / Bid Security.
(2) If the Principal has terminated the contract according to Section 3 or if the Principal is
entitled to terminate the contract according to Section 3, the Principal shall be entitled
to demand and recover from the Contractor liquidated damages equivalent to Security
Deposit /Performance Bank Guarantee.
Section 5 - Previous transgression
(1) The Bidder declares that no previous transgressions occurred in the last 3 years with
any other Company in any country conforming to the TI approach or with any other
Public Sector Enterprise in India that could justify his exclusion from the tender
process.
(2) If the Bidder makes incorrect statement on this subject he can be disqualified from
the tender process or the contract, if already awarded, can be terminated for such
reason.

Section 6 - Equal treatment of all Bidders / Contractors/ Subcontractors

(1) The Bidder / Contractor undertakes to demand from all subcontractors a
commitment in conformity with this Integrity Pact, and to submit it to the Principal
before contract signing.
(2) The Principal will enter into agreements with identical conditions as this one with all
Bidders, Contractors and Subcontractors.
(3) The Principal will disqualify from the tender process all bidders who do not sign this
Pact or violate its provisions.

Section 7 - Criminal charges against violating Bidders/Contractor/ Subcontractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor or
Subcontractor, or of an employee or a representative or an associate of a Bidder,
Contractor or Subcontractor, which constitutes corruption, or if the Principal has
substantive suspicion in this regard, the Principal will inform the Vigilance Office.
Section 8 – Independent External Monitor (IEM)
(1) The IEMs have been appointed by the Central Vigilance Commission. The task of
the IEMs is to review independently, whether and to what extent the parties comply
with the obligations under this agreement.
(2) The IEM is not subject to instructions by the representatives of the parties and
performs his functions, neutrally and independently. He reports to the Chairperson
of the Board of the Principal.
(3) The Contractor accepts that the IEM has the right to access without restriction to all
Project documentation of the Principal including that provided by the Contractor.
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Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

The Contractor will also grant the IEMs, upon his request and demonstration of a
valid interest, unrestricted and unconditional access to his project documentation.
The same is applicable to Subcontractors. The IEM is under contractual obligation
to treat the information and documents of the Bidder / Contractor / Subcontractor
with confidentiality.
(4) The Principal will provide to the IEMs 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 Principal and the Contractor. The
parties offer to the IEMs the option to participate in such meetings.
(5) As soon as the IEM notices, or believes to notice, a violation of this agreement, he
will so inform the Management of the Principal and request the Management to
discontinue or heal the violation, or to take other relevant action. The IEMs can in
this regard submit non- binding recommendations. Beyond this, the IEM has no right
to demand from the parties that they act in a specific manner, refrain from action or
tolerate action.
(6) After award of work, the IEMs shall look into any issue related to execution of
contract if specifically raised before them. However, the IEMs may suggest systemic
improvements to the Principal if considered necessary to bring about transparency,
equity and fairness in thesystem of procurement.
(7) The IEMs would examine all complaints received by them and give their
recommendations/views to the Chief Executive of the Principal, at the earliest. They
may also send their report directly to the CVO in case of suspicion of serious
irregularities requiring legal/administrative action. Only in case of very serious issue
having a specific, verifiable Vigilance angle, the matter should be reported directly
to the Commission. IEMs are expected to tender their advice on the complaints,
within 30 days.
(8) For ensuring the desired transparency and objectivity in dealing with the complaints
arising out of any tendering process or during execution of contract, the matter
should be examined by the full panel of IEMs jointly, who would look into the
records, conduct an investigation and submit their joint recommendations to
Principal.
(9) IEMs should examine the process integrity, they are not expected to concern
themselves with fixing of responsibility of officers.
(10) In the event of any dispute between the Principal and the Contractor/Bidder, in case,
both the parties are agreeable, they may try to settle the dispute through mediation
before the IEMs in a time bound manner, not more than five meetings for a
particular dispute resolution. The sitting fees and expenses towards travel and stay
arrangements for such meetings for the IEMs shall be equally shared by both the
parties.
(11) If required, the Principal may adopt any mediation rules for this purpose. In case, the
dispute remains unresolved even after mediation by the panel of IEMs, the Principal
may take further action as per the terms and conditions of the contract.
(12) The advisory role of IEMs is envisaged as that of a friend, philosopher and guide.
The advice of IEMs would not be legally binding and it is restricted to resolving

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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

issues raised by a bidder regarding any aspect of the tender which allegedly restricts
competition or bias towards some bidders. At the same time, it must be understood
that IEMs are not consultants to Principal. Their role is independent in nature and
the advice once tendered would not be subject to review at the request of Principal.
(13) Issues like warranty/guarantee etc. shall be outside the purview of IEMs.
(14) The reference to „IEM‟ would include both Singular and Plural.
(15) The IEM can be removed from his office, before the expiry of his tenure only with
the approval of the Board of the Principal.

Section 9 - Pact Duration

Integrity Pact, in respect of a particular contract, shall be operative from the date IP
is signed by both the parties till the final completion of the contract. Any violation
of the same would entail disqualification of the bidders and exclusion from future
business dealings. For all other bidders it shall be operative upto 6 months after the
contract has been awarded.
If any claim is made / lodged during this time, the same shall be binding and
continue to be valid despite the lapse of this pact as specified above, unless it is
discharged / determined by Chairperson of the Principal.
Section 10 – Other provisions
(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. Chennai / Neyveli. The Arbitration clause
provided in the main tender document / contract shall not be applicable for any issue
/ dispute arising under Integrity Pact.
(2) Changes and supplements as well as termination notices need to be made in writing.
(3) If the Contractor is a partnership or a consortium this agreement must be signed by
all partners or consortium members.
(4) Should one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties will strive to
come to an agreement to their original intentions.
(5) “A person signing IP shall not approach the Courts while representing the matters to
IEMs and he / she will await their decision in the matter”.

For the Principal For the Bidder / Contractor

Place

Date

Witness 1…….. Witness1 …….

Witness 2…….. Witness 2…….

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

Annexure-F

JOINT DEED OF UNDERTAKING

IN CASE OF BIDDER PARTICIPATION IN THE BID BASED ON THE
CREDENTIALS OF HOLDING /SUBSIDIARY/GROUP COMPANY

(TO BE ENCLOSED WITH THE BID)

This Deed of undertaking executed this ............ ........ ....... day of ............ ........... ........ by
Collaborator (Holding/Subsidiary/Group Company) (Name)..................... .............. a Company
incorporated under ............................ and having its Registered Office at ......................
.............. herein after called ...................... ................ or Collaborator (Holding/Subsidiary/Group
Company) which expression shall include its successors, executors and permitted assigns and
(Bidder/Contractor Name) .................................... a Company incorporated under the Companies
Act 1956 having its registered office at … ................... .......... ................. hereinafter called
........... ...................... (Bidder/Contractor Name) or 'Contractor' which expression shall include
its successors, executors and permitted assigns) in favour of NLC India Renewables
Limited(NIRL) a company incorporated under the Companies Act 1956 having its Registered
Office at Chennai-600 031 (hereinafter called the 'PURCHASER'), which expression shall
include its successors, executors and assigns.

Whereas the Purchaser is desirous of getting work of the design, manufacture, supply, transport
and insurance, Port handling, Customs clearance, forwarding, storage, erection, testing and
commissioning of ............................. (herein after called as equipment) at ....... done as per its
specification No ...................... dated .................... whereas ................................
(Bidder/Contractor Name) submitted its technical proposal vide its Letter No. ........................
dated ...... ........ based on the association of M/s .................................. (Collaborator
(Holding/Subsidiary/Group Company) ) and whereas it is a condition for the award of contract
to ...................... (Bidder/Contractor Name) that ............................... (Bidder/Contractor Name)
and its Collaborator (Holding/Subsidiary/Group Company) M/s ......................... ........ would be
jointly and severally bound and shall be responsible to the Purchaser for the successful
performance of the equipment fully meeting the parameters guaranteed as per the Purchaser's
specifications in terms of the Contract. Now, Therefore, this Undertaking witnesses as under:

1. That consideration of the award of Contract by the Purchaser (herein after referred to
as the 'Contract') we, the Collaborator (Holding/Subsidiary/Group Company) and
Bidder/Contractor do hereby declare and guarantee that we shall be jointly and
severally bound unto to NLC India Renewables Limited(NIRL) (Purchaser) for the
successful performance of equipment fully meeting the guaranteed parameters as per
the contract and further shall be fully responsible for the correctness of design,
manufacture, supply, transport, insurance, erection supervision, testing and
commissioning of the equipment in accordance with the Contract specifications. Further,
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VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

we, the Collaborator (Holding/Subsidiary/Group Company) and the Bidder/Contractor

hold ourselves jointly responsible for the timely execution of all activities in accordance
with the contract.

2. Without prejudice to the generality of the undertaking in para - 1 above, the methods of
achieving the objectives set forth above shall be as follows:

a. The Collaborator (Holding/Subsidiary/Group Company) shall be responsible for

the preparation of all design, design calculation and manufacturing drawings for
the equipment and shall provide all additional necessary technical assistance to
................... (Bidder/Contractor Name) for the portion of the work to be performed
by ........................... (Bidder/Contractor Name) in India. Further, the Collaborator
(Holding/Subsidiary/Group Company) shall extend their quality surveillance
to................................ (Bidder/Contractor Name) during manufacture at
Bidder/Contractor work and/or at the Purchaser's project site. Without prejudice
to the overall responsibility of the Collaborator (Holding/Subsidiary/Group
Company) as to the successful commissioning and performance of the equipment,
the Collaborator (Holding/Subsidiary/Group Company) shall in addition despite
his technical experts from time to time to the Bidder/Contractor works/ Purchaser
and the Bidder/Contractor in accordance with the stipulation in the Contract.

b. The Collaborator (Holding/Subsidiary/Group Company) will be fully responsible

for the quality of manufacture and the timely delivery of all the major equipment/
main assembly /components manufactured at his works or at his Contractor's work
for incorporation in the equipment as per the Contract Schedule.

c. The Contractor shall be responsible to manufacture that portion of the equipment

to be manufactured at his works or at the sub-Contractor's works as per the
Collaborator (Holding/Subsidiary/Group Company) design and the Collaborator
(Holding/Subsidiary/Group Company) quality acceptance level. Further the
Contractor shall supervise the erection, commissioning and carry out the work as
per the contract in accordance with the Collaborator's advice, procedure and
guidance.

3. In the event of any breach in the performance of the obligations set forth above, we the
Collaborator (Holding/Subsidiary/Group Company) and the Contractor, shall jointly and
severally pay the loss or damage to the Purchaser on his demand. Further we the
Collaborator (Holding/Subsidiary/Group Company) and the Contractor, jointly and
severally undertake to pay to the Purchaser to effect price reduction arrived at in
accordance with the provisions of the Contract, in the event of any delay in supply or
in completion of functional test including weighing of the equipment or in
commissioning of the equipment without any demur, reservations, protest and recourse.
Further, any extension of time, relaxation or indulgence by the Purchaser to the
Contractor/ Collaborator (Holding/Subsidiary/Group Company) shall not prejudice the
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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

rights of the Purchaser under this undertaking against the Collaborator

(Holding/Subsidiary/Group Company) of the Contractor.

4. We, the Collaborator (Holding/Subsidiary/Group Company) and the Contractor agree that
this undertaking shall be irrevocable and further agree that this undertaking shall continue
to be enforceable till the end of warranty period under the Contract. We further agree that
this undertaking shall without prejudice to the various liabilities of the Contractor
including his Contract Performance Guarantee as well as his other obligations in terms of
the Contract.

5. The Performance, rights and responsibility of the party shall be in accordance with the
Contract and further the liability of the Contractor/ Collaborator
(Holding/Subsidiary/Group Company) under this Undertaking shall not in any case
exceed the limits as stipulated in the Contract.

In witness whereof the Collaborator (Holding/Subsidiary/Group Company) and the

Contractor have through their authorized representatives executed this Undertaking and
affixed common seals of their respective companies, on the day, month and year first
above mentioned.

………………………………. For Collaborator

(Signature) (Holding/Subsidiary/Group Company)
Name: …………………………….
………………………………………. Designation: ………………………
(Name in Block Letters)
………………………………………. Common seal of the company.
(Official address)

……………………………….. For Contractor.

(Signature)
Name: …………………………
…….………………………………. Designation: …………………..
(Name in Block Letters)
Common seal of the
…………………………………………. Company.

(Official address)
*******

NOTE:
i) Power of Attorney of each of the person signing the Deed of Joint Undertaking and
Board resolution in regard of POA of Authorized signatory, shall be furnished along
with this Deed of Joint Undertaking.
ii) * Bidder to strike out, whichever is not applicable

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

ANNEXURE-G

PROFORMA FOR LETTER OF UNDERTAKING FROM THE HOLDING COMPANY

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

(To be executed by the Holding Company Supported by Board Resolution and submitted by the
Bidder along with the Techno-Commercial Bid, Applicable to the Bidder for meeting the
stipulated Financial Qualifying Requirement)
Ref. : Date :

To
NLC India Renewables Limited(NIRL)
Corporate Office, Block-1,
Neyveli- 607 801, Cuddalore District,
Tamil Nadu, INDIA.

Dear Sirs,

1.0 We, M/s................................ declare that we are the holding company of M/s
............................... (Name of the Bidder) and have controlling interest therein. M/s.
.................................. (Name of the Bidder) proposes to submit the bid for the package
.................................. (Name of the package) for.............................(Name of the Project) under
bid reference no. ........................... dated ..................... and have sought financial strength and
support from us for meeting the stipulated Financial Qualifying Requirement as per Clause No. --
--------of Bid Data Sheet.
2.0 We hereby undertake that we hereby pledge our unconditional & irrevocable financial
support for the execution of the said package to M/s................................... (Name of the Bidder),
in case they are awarded the Contract for the said package, at the end of the bidding process. We
further agree that this undertaking shall be without prejudice to the various liabilities that M/s
.................................. (Name of Bidder) would be required to undertake in terms of the Contract
including the Performance Security as well as other obligations of the Bidder/Contractor.
3.0 This undertaking is irrevocable and unconditional, and shall remain in force till the successful
execution and performance of the entire contract and/or till it is discharged by Employer.
4.0 We are herewith enclosing a copy of the Board Resolution in support of this undertaking.
Yours faithfully

(Signature of Authorised Signatory on behalf

of the Holding Company)

Witness : (1) .................................. (Name & Designation)

(Name of the Holding Company)
(2) .................................. (Seal of the Holding Company)
Date:
Place:

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

ANNEXURE-H

* PROFORMA OF CERTIFICATE FROM THE CEO/CFO

(To be submitted by Bidder along with the Techno-Commercial Bid)
Ref.: Date:
To
NLC India Renewables Limited(NIRL)
Corporate Office, Block-1,
Neyveli- 607 801, Cuddalore District,
Tamil Nadu, INDIA.

Madam/Sir,
I, .............................. (CEO/ CFO of the Company) of ………….. (Name of the
Company) declare that the financial results of M/s. .................................... (Name of the Bidder)
are under audit as on ……. (as on original scheduled date of Tender opening) and the Certificate
from the practicing Chartered Accountant certifying the financial parameters is also not
available.
Yours faithfully

(Signature)
Date : (Name & Designation) ........................................
Place : (Name of the Company) ...................................
(Seal of Company) .............................................
Note: *Strike off if not applicable.

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VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

ANNEXURE – I
Format of Insurance Surety Bond Towards Bid Security
(Non-Judicial Stamp Paper/e- stamp paper of appropriate value as per stamp Act)

Insurance Surety Bond No………………………………………………

Date…………………………….
Ref: Tender No:

To
NLC India Renewables Limited(NIRL)
Corporate Office, Block-1,
Neyveli - 607 801, Cuddalore Dist., Tamil Nadu, India.

Dear Sirs,

In accordance with Invitation for Bids under your Bid Document No. ………………………….
M/s…………………….. [Bidder's Name]…………………….having its Registered/ Head Office
at (hereinafter called the 'Bidder') wish to participate in the said bid for…………………….
……………………………………………………………………………………..
As an irrevocable Insurance Surety Bond against Bid Security for an amount of
……………………(*)…………..valid for................................days from…………
…………..(**) …………. required to be submitted by the Bidder as a condition precedent for
participation in the said bid which amount is liable to be forfeited on the happening of any
contingencies as mentioned under the Bidding Documents.
We, the ……………………… (Name & address of the Insurer)
………………………………......having our Head Office at
………………………………(#)................. guarantee and undertake to pay immediately on
demand by NLC India Renewables Limited(NIRL) hereinafter called the 'Employer'/'Purchaser')
the amount without any reservation, protest, demand and recourse. Any such demand made by
the 'Employer'/'Purchaser' shall be conclusive and binding on us irrespective of any dispute or
difference raised by the Bidder and/or any right/remedy available to the bidder in terms thereof.
This Insurance Surety Bond shall be unconditional as well as irrevocable and shall remain valid
upto.................... (@)........... if any further extension of this Insurance Surety Bond is required,
the same shall be extended to such required period (not exceeding one year) on receiving
instructions from M/s …………(Bidder „s Name)……….on whose behalf this Insurance Surety
Bond is issued.
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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

In witness whereof the Insurer, through its authorised officer has set its hand and stamp on this
….. day of ……..2025 …………. at …………
Signature :
Name :
Designation with Insurer Stamp :
Authorised vide Power of Attorney:
No………..
Date…………………
NOTE:
1) (*) The amount shall be as specified in the Bid Data Sheets.
(**) This shall be the date of opening of Techno-Commercial bids.
(#) Complete mailing address of the Head Office of the Insurer to be given.
(@) This date shall be forty-five (45) days after the last date for which the bid is valid.
2) The Insurance Surety Bond shall be from an Insurer as per guidelines issued by Insurance
Regulatory and Development Authority of India (IRDAI) as amended from time to time.
3) The Employer shall be the Creditor, the Bidder shall be the Principal debtor and the
Insurance company/Insurer shall be the Surety in respect of the Insurance Surety Bond to
be issued by the Insurer.
4) The Insurance Surety Bond should be on Non-Judicial stamp paper/e-stamp paper of
appropriate value as per Stamp Act prevailing in the state(s) where the Insurance Surety
Bond is submitted or is to be acted upon or the rate prevailing in State where the
Insurance Surety Bond is executed, whichever is higher. The Stamp Paper/e- stamp paper
shall be purchased in the name of Bidder/Insurer issuing the Insurance Surety Bond.
5) While getting the Insurance Surety Bond issued, Bidders are required to ensure
compliance to the points mentioned in Form of Bank Guarantee/Insurance Surety Bond
Verification Check List enclosed in this Section of Bidding Documents. Further, Bidders
are required to fill up this Form and enclose the same with the Insurance Surety Bond.

*******

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

SECTION -4

LIST OF FORMS

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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

I. PRE-QUALIFYING REQUIREMENTS FORMS

1. PRE-QUALIFYING REQUIREMENTS (PQR)

Sl.No. Bidder
Pre-Qualifying Requirement
Response

1.0 TECHNICAL CRITERIA: Bidder to specify the Route viz. Route-I or Text
Route-II or Route-III or Route-IV under which bid is submitted. entry
1.1 2.1 Route-I
Whether the Bidder have designed, supplied, erected/ supervised erection
and commissioned/ supervised commissioning of Balance of System
Package/ Solar power project for Solar Photo Voltaic (SPV) based grid
connected power plant(s) of cumulative installed capacity of 40 MWp or
higher in maximum of 4 agreements/orders, out of which at least one plant Yes/No
should have been of 10 MWp or higher capacity. The reference plant of 10
MWp or higher capacity must have been in successful operation for at least
six (6) months prior to the date of techno-commercial bid opening (i.e., Part-
I Bid Opening)
(OR)
1.2 2.2 Route-II
Whether the Bidder is a developer of Solar Photo Voltaic (SPV) based grid
connected power plant(s) of cumulative installed capacity of 40 MWp or
higher in maximum of 4 agreements/orders, out of which at least one plant
should have been of 10 MWp or higher capacity. The reference plant of 10 Yes/No
MWp or higher capacity must have been in successful operation for at least
six (6) months prior to the date of techno-commercial bid opening (i.e., Part-
I Bid Opening)
(OR)
1.3 2.3 Route-III
1.3.1
2.3.1 Whether the Bidder have executed in the last ten (10) years an
industrial project either as developer or as EPC Contractor in the area of
Power/ Solar Power/ Steel/ Oil and Gas/ Petrochemicals/ Fertilizer/ Cement/
Coal mining including coal handling plant / Rail/ Ports/ Bridges/ any other
Infrastructural projects of Contract value as specified in the Table below, in a
single project or single work and the same should be in successful operation
for at least one (1) year prior to the date of techno- commercial bid opening
(i.e., Part-I Bid Opening). (AND) Yes/No
No of Blocks Contract Value
Single block (410MW or 400MW) Rs. 125 crores
Both block (410MW and 400MW) Rs. 250 crores
1.3.2 2.3.2 Whether the Bidder have executed at least one (1) Electrical Sub-
station of 33 kV or above voltage level, consisting of equipment such as
33kV or above voltage level circuit breakers and Power transformer, either
as developer or as EPC Contractor which should be in successful operation
for at least one (1) year prior to the date of techno-commercial bid opening

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

(i.e., Part-I Bid Opening).

(OR)

1.4 2.4 Route-IV

The bidder should be an Indian company registered in India and should be a
Group Company/Holding Company/ Subsidiary Company of a firm meeting
the requirement stipulated in clause 2.1 (Route-I) or 2.2 (Route-II) or 2.3
(Route-III) above. In such a case, Bidder shall furnish a Joint Deed of
Undertaking (JDU) jointly executed by the firm qualified as per the clause
2.1 (Route-I) or 2.2 (Route-II) or 2.3 (Route-III) and the Bidder along with
its bid for complete performance of the contract jointly or severally as per
the format enclosed in the bid documents shall only be furnished without
financial backup BG in the bid document failing which the Bidder‟s bid will
be rejected.

1.5 Whether the bidder has attach documentary evidence to prove that the
qualifying requirements mentioned in the clause 2.1 or 2.2 or 2.4 are met by Yes/No
him.
1.5.1 If yes, Upload relevant Documentary Evidence in the form of user certificate
Upload
along with copy LOA/Work order/Contract agreement together with full
Files
contact details for verification.
1.6 Whether the bidder has attached documentary evidence to prove that the
qualifying requirements mentioned in the clause 2.3.1 & 2.3.2 are met by Yes/No
him.
1.6.1 If yes, Upload relevant Documentary Evidence in the form of user certificate Upload
along with copy LOA/Work order / Contract agreement together with full Files
contact details for verification.
1.7 In case of bidding by Group Company/Holding Company/Subsidiary
Text
Company, the bidder to specify the name of the firm meeting the Qualifying
entry
Requirement i.e., on whose strength the bidder is participating.
1.8 Upload
Upload the Deed of Joint Undertaking, as per Annexure-F (If applicable)
Files
2.0 2.5 FINANCIAL CRITERIA
2.1 2.5.1 Whether the bidder has Positive Net Worth as per the latest audited
Yes/No
financial statements individually.
2.2 2.5.2 Whether the bidder the Average Annual Turnover of the Bidder,
should not be less than as mentioned in the table below, during the preceding
three (3) financial years as on the original scheduled date of tender opening.
No of Blocks Annual turnover Yes/No
Single block (410MW or Rs. 125 crores
400MW)
Both block (410MW and Rs. 250 crores
400MW)

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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

2.3
2.5.3 Whether the bidder is Group Company/Holding Company/Subsidiary
Company of a firm meeting the requirement stipulated in clause 2.1 (Route-
I) or 2.2 (Route-II) or 2.3 (Route-III) then the combined annual average
turnover of the bidder and the firm meeting the QR should not be less than as
mentioned in the table below, during the preceding three (3) financial years
as on the original scheduled date of tender opening Yes/No
No of Blocks Annual turnover
Single block (410MW or Rs. 125 crores
400MW)
Both block (410MW and Rs. 250 crores
400MW)
2.3.1 Have you Uploaded relevant Documentary Evidence (Financial Criteria) for
meeting QR in Sl.No.2.5.1, 2.5.2, 2.5.3 & 2.5.4 above in support of Bidder
Yes/No
as per details stated in 2.5 under Section -1 of Volume IA.

2.4 Whether the annual turnover criteria, stipulated above is on your own or your Text
Holding Company? Entry
2.4.1 If Holding Company, please attach the Net Worth of such Holding Company
Upload
as on the last day of the preceding financial year is at least equal to or more
Files
than the paid- up share capital of the Holding Company.
2.4.2 Upload Letter of Undertaking from the Holding Company, supported by the
Upload
Holding Company‟s Board Resolution, as per the format Annexure-G
Files
enclosed in the bid documents.
2.5 Whether the Bidder is able to furnish its audited financial statements on
Yes/No
standalone entity basis.
2.5.1 If no, whether the bidder has furnished the unaudited unconsolidated
Yes/No
financial statements.
2.5.2 If yes, the Bidder has to upload the following documents on substantiation of
its qualification:
(a) Copies of the unaudited unconsolidated financial statements of the Bidder Upload
Files
along with copies of the audited consolidated financial statements of its
Holding Company.
(b) Certificate from the CEO/ CFO of the Holding Company as per the
format enclosed in the bidding documents, stating that the unaudited Upload
unconsolidated financial statements form part of the consolidated financial Files
statement of the Holding Company.
2.5.3 In case audited results for the last financial year as on date of techno
Upload
commercial bid opening are not available, please upload the financial results
Files
certified by a practicing Chartered Accountant.
2.5.3.1 In case the Bidder is not able to submit the Certificate from a practicing
Upload
Chartered Accountant certifying its financial parameters, please upload the
Files
audited result of any three consecutive financial years preceding the last

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Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

financial year.
2.5.3.2 Upload certificate obtained from the CEO/CFO as per Annexure-H in the
bidding documents stating that the financial results of the company are under
Upload
audit as on techno-commercial bid opening and the Certificate from a
Files
practicing Chartered Accountant certifying the financial parameters is not
available.
4.0 Upload Power of Attorney/Authorization in favour of the person signing the Upload
Bid. Files
5.0 Upload
Upload Major legal cases, if any
Files
6.0 Bidder to upload copy of Integrity Pact duly signed as per Annexure-E of Upload
Section 3 of Volume 1A. Files
7.0 Bidder accepted the points mentioned in Clause No. 4.0 [4.1 to 4.11] of
Yes/No
Section-1 of Volume I A.
8.0 Upload
Any other details/Information, Bidder wishes to furnish. Kindly upload.
Files

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

2. GROUP COMPANY/HOLDING COMPANY/SUBSIDIARY COMPANY DETAILS

Sl.No Description Bidder

Response
1 Group Company/Holding Company/Subsidiary Company Text Entry
2 Name of the Company Text Entry
3 Address Text Entry
4 Telephone Number Text Entry
5 Fax No. Text Entry
6 Email address Text Entry
7 Name of contact person Text Entry
8 Upload any relevant documents Upload files

********

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This Document has been digitally signed.
BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

3. BIDDER’S EXPERIENCE
(Checklist for breakup details for each project/work furnished towards QR)

Sl. Bidder
Description
No. Response
1.0 Bidder to Provide the following details of Owner/ End
user/Client such as Name of the Company, Contact Person Text Entry
name, address, phone/ Mobile No, email id etc.
2.0 Bidder to indicate the reference No. of Work Order(s) /
Text entry
Contract(s) / Agreement(s).
3.0 Whether copy of work order/Agreement/Contract is enclosed Yes/No
4.0 Bidder to mention the brief Scope of work Text Entry
5.0 Bidder confirms having designed, supplied, erected/
supervised erection and commissioned/ supervised
commissioning of Balance of System Package/ Solar power
project for Solar Photo Voltaic (SPV) based grid connected
power plant(s) of cumulative installed capacity of 40 MWp or
higher in maximum of 4 agreements/orders, out of which at Text Entry
least one plant should have been of 10 MWp or higher
capacity. The reference plant of 10 MWp or higher capacity
must have been in successful operation for at least six (6)
months prior to the date of techno-commercial bid opening
(i.e., Part-I Bid Opening)
Upload supporting documents Upload Files
6.0 Bidder confirms to be a developer of Solar Photo Voltaic
(SPV) based grid connected power plant(s) of cumulative
installed capacity of 40 MWp or higher in maximum of 4
agreements/orders, out of which at least one plant should have
been of 10 MWp or higher capacity. The reference plant of 10 Text Entry
MWp or higher capacity must have been in successful
operation for at least six (6) months prior to the date of
techno-commercial bid opening (i.e., Part-I Bid Opening)

Upload supporting documents Upload Files

7.0 Bidder confirms to have executed in the last ten (10) years an
industrial project either as developer or as EPC Contractor in
the area of Power/ Solar Power/ Steel/ Oil and Gas/
Petrochemicals/ Fertilizer/ Cement/ Coal mining including
coal handling plant / Rail/ Ports/ Bridges/ any other Text Entry
Infrastructural projects of Contract value as specified in the
Table below, in a single project or single work and the same
should be in successful operation for at least one (1) year
prior to the date of techno- commercial bid opening (i.e., Part-

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

I Bid Opening).
(AND)

7.1 Bidder confirms to have executed at least one (1) Electrical

Sub-station of 33 kV or above voltage level, consisting of
equipment such as 33kV or above voltage level circuit
breakers and Power transformer, either as developer or as
EPC Contractor which should be in successful operation for Text Entry
at least one (1) year prior to the date of techno-commercial
bid opening (i.e., Part-I Bid Opening). Note: The works
referred at QR clause 2.3.1 (as applicable) & 2.3.2 can be in
same or different projects.
Upload supporting documents Upload Files
8.0 The Bidder Group Company/Holding Company/Subsidiary
Text Entry
Company fulfils the PQR criteria as per Route I or II or III
Upload supporting documents Upload Files
9.0 Bidder to indicate the Date/ Ref No. of user / Performance
Text Entry
certificate issued by the end user
Upload supporting documents Upload Files
10.0 Period of Satisfactory operation of Solar Power Project or
Text Entry
Industrial projects or any other Infrastructural projects
Upload supporting documents Upload Files

********

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

4. BID GUARANTEE
Note: Bidder is requested to attach the proof for the issuance of bid guarantee through SFMS
given by banker in the provision given below for attachment.

Bidder’s
Sl.No Description
Response
Bid Guarantee Type
BG Bank Guarantee
1 Bank Guarantee No.
2 Bank Guarantee Date
3 Details of Stamp paper
3.1 Stamp Paper Amount
3.2 Whether stamp paper purchased in the Name of the issuing Bank/Bidder
3.3 Stamp paper purchased address
3.4 Date of Purchase
3.5 Whether Bank Guarantee Date is on or after the Date of Purchase of Stamp
Paper
4 Bank details
4.1 Banker's Name
4.2 Banker's Address
4.3 Bank email-id
4.4 Bank Phone No.
4.5 Bank IFSC code
4.6 Banker's Seal
5 Manager's Name & No.
6 Whether signed by two Witness
7 Whether overwriting/cutting if any on the BG authenticated under signature
& seal of executants
8 Whether the BG has been issued by a Nationalized/Scheduled Bank in India
9 If the bank guarantee issued by a foreign bank. Whether it is in the approved Not
list of RBI. applicable
10 Details of value and validity
10.1 Currency of BG
10.2 Value of BG
10.3 Validity upto
11 Whether Bank Guarantee is as per NLCIL/NIRL Format
SFMS Structural Financial Messaging System (SFMS)
Whether the Bid Guarantee submitted in physical form can be verifiable YES
through SFMS.
RTGS/NEFT RTGS/NEFT details
1 UTR No for RTGS/NEFT.
2 UTR Date
DD Demand Draft
1 Demand Draft No

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

2 Date of DD
3 DD in favour of
4 Payable at
5 Amount
12 Insurance Surety Bond towards Bid Guarantee
12.1 Insurance Surety Bond No.
12.2 Insurance Surety Bond Date
12.3 Details of Stamp paper
12.4 Stamp Paper Amount
12.5 Whether stamp paper purchased in the Name of the Bidder/Insurer
12.6 Stamp paper purchased address
12.7 Date of Purchase
12.8 Whether Insurance Surety Bond Date is on or after the Date of Purchase of
Stamp Paper
12.9 Whether insurance Surety Bond is as per NLCIL/NIRL Format
Insurer details
Insurance Company Name
12.10
12.11 Insurance Company Address
12.12 Insurer / Insurance Company email-id
12.13 Insurer/ Insurance Company Phone No.
12.14 Insurer's/ Insurance Company Seal
12.15 Authorized Manager's /Staff Name & No. who has signed and issued the
Surety Bond
12.16 Whether Insurance Surety Bond is issued asper guidelines issued by IRDAI
as amended from time to time

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

5. COST OF TENDER DOCUMENT

Sl.No Description Bidder Response

COST OF TENDER DOCUMENT

1 e-Payment Details RTGS/NEFT UTR No.

2 UTR Date
3 Remitted Bank
4 Amount

5 Upload the Supporting Document FILE Attachment

*********

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

II TECHNICAL FORM

1. ACCEPTANCE FOR TECHNICAL SPECIFICATION & SPECIAL CONDITIONS

Description
Sl.No Bidder’s Response

1.0 Please confirm acceptance of the Technical Specification & YES

Special Conditions including Scope of Work stipulated in
the tender document including Corrigendum/ Amendments/
Clarification/ Errata issued, if any without deviation.

2.0 Please confirm acceptance of the time schedule stipulated in YES

the tender document.

*********

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

2. SUB VENDORS TO BE PROPOSED BY THE BIDDER FOR THE PROJECT

List of Sub Vendors for Bought out Items
A. Class I items:

Sl. No List for Class I Category I Sub Vendor Name(s) Bidder to Specify
items Sub Vendor
I. Electrical Items Name(s)
1 Solar PV modules NA

Hitachi, Schneider, Delta, Eei, INGITEAM,

SMA, VACON, Bonfiglioli, GE, Statcon,
Vacon Drives/Danfoss, BHEL, L&T,
2 Central Inverter Ingeteam, Siemens Gamesa, Sineng Electric
Co Ltd, TMEIC Industrial systems India Pvt
Ltd, TBEA Xi‟an Electric Technology Co.
Ltd, Medha Servo drives Pvt Ltd, Chint, ABB
India Ltd, Sungrow.
HENSEL, JACKSON, AEG, CAPE Electric,
String Combiner & L&T, SMA, Statcon Power Controls, Adarsh
3 Control & Automation, Solaris, Jakson,
Monitoring Unit
Statcon Energiaa Pvt Ltd, Raychem RPG Pvt.
Ltd, Trinity Touch Pvt Ltd, ABB India Ltd.
Voltamp, BBL, ABB, EMCO, Alstom, Tesla
Transformer, BHEL, TELK, VIJAY
ELECTRICALS, TRANSFORMERS AND
Inverter Duty RECTIFIERS (T&R), Crompton Greaves
4
Transformer LTD (CGL), AMES IMPEX, Kirloskar
Company ltd., Esennar Transformers Pvt. Ltd,
Mahati Industries Pvt. Ltd., Esennar,
Padmavahini, Schneider Electric, Raychem
RPG Ltd, Hammond, Electrotherm India Ltd.
5 Grid Tie Power NA
Transformer
6 HT Auxiliary IPL Products, Automatic Electric Ltd,
Transformer Voltech, Kalpa.

Tesla Controls, Swastik, Trisquare, SVG

7 LT Panel Control Systems, Power Control Systems,
Load Controls, Vivid Electromech.

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

ABB, Siemens, Schneider, Jakson, CGL,

L&T, Areva, BHEL, ABB system House,
Schneider system House, Siemens system
HT House, Jakson Engineers Ltd., Popular
8
Switchgear/Panel Switchgears Pvt Ltd., Sterling Generators Pvt.
Ltd, Trisquare Switchgears Pvt Ltd, Symatic
Engineering Pvt Ltd, Technocraft, Micronova
Impex Pvt Ltd, Megawin Switchgear Pvt Ltd,

Pragati, Kappa, Prayog, AE, BHEL, CGL,

JYOTILTD, PRECISE, Schneider, Southern
Technocraft Switchgear.
Electric, EMCO, Controls & Systems, Vishal
Instrument
9 Transformers & Switch gears Pvt Ltd, Mehru
Transformers
Electrical & Mechanical Engineers (P) Ltd,
Precise, Emmess Control Pvt Ltd, ABB India
Ltd, Megawin Switchgear Pvt Ltd, Pragati
Electricals Pvt Ltd, Siem ens.
Asian Cables, KEI, RPG, CCI, Nicco,
UNIVERSAL, HAVELLS, FortGloster,
10 HT Power Cables Hindusthan Vidyut Products, Torrent Cables,
Finolex Cable, Incab, Apar Industries Ltd,
KEC, Havells India Ltd, Torrent Power Ltd,
Ravin Cables Ltd, Polycab India Limited.
Asian cables, KEI, RPG, CCI, Incab, Nicco,
UNIVERSAL, FortGloster, Hinudthan Vidyut
Products, Torrent Cables, GemsCab, KEC,
11 LT power cables Cords, GuptaPower, RAVIN CABLES, Cable
Corporation of India, Finolex, Torrent Power,
Havells India Ltd, KEC International Limited,
Polycab India Limited, Apar Industries
Limited
Lapp, Bizlink, KEI, Polycab, Universal,
HAVELLS, Finolex, NICCOCABLES,
RAVINCABLES, RPG, TORRENT
12 DC Cables CABLES, Siechem Technologies Pvt Ltd,
Torrent Power Limited, Apar Industries
Limited, Polycab India Limited, Ravin Cables
Ltd, KEC International Limited

13 HT OH Line Deora Wires N Machines

Conductors
14 HT OH Line Aditya Birla Insulators.
Insulators

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

Chhabi, HBL, Mass Tech, HBL Nife, Statcon,

Exide, CALDYNE AUTOMATICS LTD.,
CHABBI ELECTRICAL, DUBAS
ENGINEEERING PVT.LTD., EMERSON
NETWORK POWER(INDIA) PVT.LTD.,
15 Battery Charger NUMERIC, EXIDE INDUSTRIES LTD.,
HITACHI HIREL POWERELECTRONICS
PVT.LTD., Amara Raja, Consul Neowatt,
Voltech Manufacturing Company Limited,
StatconEnergiaa Pvt Ltd, Amara Raja Power
Systems Ltd
Emerson, NUMERIC, Hitachi, Dubas,
16 UPS HIREL, HITACHI-HIREL, ConsulNeowatt,
Numeric, PowerOne Micro systems Pvt Ltd
Exide, HBL, Amco, HBL Nife, Consul
17 Batteries Neowatt, Voltech, HBL Power Systems Ltd,
Exide Industries Ltd, Amara Raja Power
Systems LtdGE, Schneider, Rockwell, Allan
Honeywell,
Bradly ALSTHOM, BHEL, Emerson, GE
Fanuc, Hitachi, L&T, Siemens, Rockwell
18 SCADA
Automation India Pvt Ltd, Trinity Touch Pvt
Ltd, ABB India Ltd, GE Intelligent Platforms
Pvt. Ltd

19 C&R Panel Hitachi Energy.

20 Numerical Relays Schneider, Alstom, L&T, ABB, Siemens,

AREVA, GE, C&S Electric Ltd, Ashida
Electronics
TYCO, AGNI, HONEYWELL, KIDDE,
Transformer Fire
21 protection system / Mather & Platt, Notifier, Agni Easun -MR,
NIFPS CTR Manufacturing Industries Ltd, Vendere,
Tectonicus Services (India) Pvt. Ltd

Fire detection AGNI, Honeywell, KIDDE, Mather& Platt,

22 Notifier, TYCO, Ravel electronics Pvt Ltd,
alarm panel
MX Systems International Pvt Ltd
ABB, Elster, Secure, L&T, Electrical
23 ABT Energy Meter
Controls & Systems

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

Pyranometer: Kipp&Zonen.

Wind Sensor: Davis Instruments, Firstrate

WMS (Class A
sensor Products, Lufft, Jambhekar, Equinox.
meteorological
24
Sensors and data Ambient temperature: Mas Technologies,
loggers) Rotronic, IMT, Campbell Scientific,
Jambhekar.
Data Logger: Aeron, Trinity Touch,
Jambhekar
25 Tracker system NA

24 Module Cleaning
system
25 Surge Arrestor

26 Isolator

II. Civil/Structural Items

1. Module Mounting
Structure (MMS)
Transmission line
2. structures (if
applicable)
Pre-Engineered
3.
Building material
(if applicable)

B. Class II items:

Sl. Equipment list for Class Category I Sub Vendor Bidder to Specify
No II items names Sub Vendor
Name(s)
1 Cable termination kits Raychem, 3M, Denson
2 LED Lamp fixtures for Bajaj, CGL, Havells, Philips,
indoor Wipro
3 LED Flood light fittings Bajaj, CGL, Havells, Philips,
for outdoor Wipro

Note: In case, the contractor is proposing a Vendor who has already supplied the
specific material/equipment to NLCIL/NIRL but the same is not in the above list, such
Vendor shall be considered as Category-I after due verification.

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

III. COMMERCIAL FORM

1. FORM OF BID - Part-I (Techno-Commercial)

Sl.No Description Bidder
Acceptance
1.0 Having carefully examined the Tender Documents attached to your
Invitation to Bid No Tender No. CO CONTS/0001T/810 MW
(410MW&400MW) Solar/BOS/e-Conts/2025, Dt.08.01.2025 and
its Amendments / errata / Corrigendum / Clarifications issued till
the date of tender opening, we agree to Complete the WORKS in
conformity with all the terms and conditions stated in Tender Yes
Documents and its Amendments / Errata / Corrigendum /
Clarifications issued till the date of tender opening and as per time
schedule given in Tender Document. The Plant, Equipment and
System offered are of best and of latest technology and of
international standards.
2.0 I / We declare and certify that I / We fully satisfy the eligibility
criteria and the documentary proof as called for, have been Yes
attached.
3.0 We undertake, in case our bid is accepted, to commence the work
from the date of Letter of Award and to complete and deliver the
Yes
whole of the work and responsibilities comprised in the contract as
per time schedule given in Tender document.
4.0 We are submitting the Bid Guarantee as per the format as
instructed by you. This Bid Guarantee shall be governed as per the Yes
stipulations provided in the "Instructions to Bidders".
5.0 We agree to abide by and keep our Bid valid initially for a period
of 150 days from the date of opening of Bid (Part-I) by NLC India
Yes
Ltd. (NLCIL)/NIRL and it shall remain binding on us and may be
accepted at any time before the expiry of that period.
6.0 Should our Bid be accepted, we hereby agree to abide by and fulfill
all terms and conditions of Tender Documents as accepted by us
and in default thereof, to forfeit and pay to NLC India Ltd/NIRL or
NLC India Ltd.‟s successors, assignees or authorized nominees
such sums of money as are stipulated in conditions contained in
Tender Documents and agree to furnish Bank Guarantee for
Yes
Contract Performance as per the proforma prescribed by NLC India
Renewables Limited and acceptable to NLC India Renewables
Limited and for the sum equal to 10% of the "Contract Price
excluding O&M price for 3 years", for the entire scope of work
within 30 days from the date of Letter of Award.

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

7.0 We understand that NLC India limited/NIRL is not bound to accept

the lowest or any bids received and NLCIL/NIRL has the right to Yes
reject any bid without assigning any reason whatsoever.
8.0 This Bid together with written acceptance thereof shall constitute a
binding „CONTRACT‟ between NLCIL/NIRL and Yes
CONTRACTOR till a formal contract is executed.
9.0 We have noted the contents of clause 6.0 in Section-1 of Volume
1A in line with DPIIT order and its subsequent Amendments and Yes
confirm compliance to the requirements

***********

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

2. AFFIDAVIT

Sl.No Description
Bidder Response

1 FROM: (NAME & ADDRESS OF BIDDER) Header

2 BIDDER/FIRM NAME: Text Area Entry (Mandatory)
3 Address Line-1: Text Area Entry (Mandatory)
4 Address Line-2: Text Area Entry (Mandatory)

5 City: Text Entry (Mandatory)

6 State: Text Entry (Mandatory)

7 Pincode: Number Entry (Mandatory)
8 Name of the Authorized Signatory Text Area Entry (Mandatory)
9 Bidder‟s Offer Number and Date: Text Area Entry (Mandatory)
Whether the authorized signatory is Partner /
Legal Attorney / Proprietor / Accredited
10 Representative of the bidder? (Please mention the Text Area Entry (Mandatory)
applicable one i.e "Partner or Legal Attorney or
Proprietor or Accredited Representative")
We do hereby declare that the contents of the offer
submitted against this tender CO
CONTS/0001T/810 MW (410MW&400MW)
Solar/BOS/e-Conts/2025, Dt.08.01.2025 have
been submitted after fully understanding that the
information contained in the offer and the
documents enclosed/ provided along with the bid
are true, correct and complete in every aspect and
that if any information contained therein found to
be false/incorrect/fabricated, offer shall be
considered as null and void and we shall be liable
for any penal action as per the provisions of Law
11 I Agree
for the time being in force.

i). I/We (as mentioned above) declare that; we are

submitting our offer/bid for the supply of
equipments / materials/works/services vide
our offer mentioned above.
ii). The contents/enclosures/documents of the
offer are submitted after fully understanding
that all the information furnished by me / us
are correct and true and complete in every
respect and all documents/credentials

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

submitted along with the offer/bid are

genuine, authentic, true and valid.
iii). During the verification of offer or even at a
later date, if any information or document
submitted by me/us found to be false
/fabricated/ incorrect, the said offer shall be
considered absolutely null and void and action
as deemed fit shall be taken against me / us
including forfeiture of EMD/Bid Guarantee/
Security Deposit /Contract Performance
Guarantee and action of suspension/banning/
debarring/ blacklisting of my / our firm
(including all partners of the firm)/company
as per the tender conditions and law.
We do hereby submit the above declaration as per

12 the format of the Affidavit given in the Tender YES

Document, duly accepted and digitally signed.

**********

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

3. PUBLIC PROCUREMENT POLICY (MAKE IN INDIA) FORM

Sl.No. Bidder’s
Public procurement policy (Make in India)
Response
1. Do you certify that you have read conditions as specified in the Order
applicable for this Tender in the Department for Promotion of Industry
and Internal Trade (DPIIT), revised Public Procurement (Preference to
Make in India) Order 2017 - Revision Dt 16.09.2020 and its amendments Yes
as in Clause 6.0 as per Section-1 of Volume 1A. and MoP vide Order No.:
A-1/2021-FSC-Part(5), Dt: 16.11.2021 and order No.P-45021/2/2017-
PP(BE-II)-PART(IV) VOL.II Dt:19.07.2024
2. The Bidder to confirm compliance to the requirements of Public
Procurement Policy (Preference to Make in India) as in Clause 6.0 as per Yes
Section-1 of Volume 1A.
3. The bidder to confirm that they are Class-I local supplier as per Cl.6.3 as
Yes/No
per Section-1 of Volume 1A.
4. The Bidder to attach self-certification that the item offered meets the local
content requirement for „Class-I local supplier‟ as per Clause 6.3(a) as per Upload Files
Section-1 of Volume 1A.
5. The Bidder to attach a certificate from the statutory auditor or cost auditor
of the company (in the case of companies) or from a practicing cost
accountant or practicing chartered accountant (in respect of suppliers other Upload Files
than companies) giving the percentage of local content as per Clause
6.3(b) as per Section-1 of Volume 1A
6. Bidder hereby certify that I have read the “Reciprocity Clause” 6.4 and I
am not a bidder from the Entities of countries which have been identified
by the Nodal Ministry/ Department as not allowing Indian companies to Yes
participate in their Government procurement for any item as per Clause
6.6 as per Section-1 of Volume 1A.
7. Upload certification for not being a bidder from the Entities of countries
which have been identified by the Nodal Ministry/ Department as not
Upload Files
allowing Indian companies to participate in their Government
procurement for any item.
8. The Bidder to attach confirmation certificate (refer model certificate as in
6.6 & 6.6.1) regarding restrictions on procurement from a country which
Upload Files
shares a land border with India as per Clause 6.6 of Section 1 of Volume
1A
9. Bidder to certify that I have read and complied to "Protect the security,
integrity and reliability of the strategically important and critical power
Yes
supply system & Network in the Country" as per Cl 6.7 of Section-1 of
Volume - IA of tender Specification.

**********

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

4. ACCEPTANCE FOR COMMERCIAL CONDITIONS

Description Bidder
Sl.No.
Response
1.0 Please confirm acceptance of all commercial terms and YES
conditions stipulated in the tender document including
Corrigendum/ Amendments/ Clarification/ Errata issued, if any
without deviation.
2.0 Any other information, the bidder wants to furnish Upload Files

********

Page 100 of 115

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BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

5. BIDDER’S DETAILS

Sl.
Description Bidder’s Response
No.
1.0 Particulars of the firm Header
1.1 Bidder‟s Name and Address Text Area Entry (Mandatory)
1.2 Telephone No. Text Entry (Mandatory)
1.3 Fax No. Text Entry (Optional)
1.4 E – Mail address Text Entry (Mandatory)
1.5 Name of Contact Person Text Area Entry (Mandatory)
1.6 Mobile Number of Contact Person Text Area Entry (Mandatory)
1.7 PAN No. of the Bidder Text Area Entry (Mandatory)
1.8 GST Registration No. Text Area Entry (Mandatory)
1.9 MSME Details, if applicable Text Area Entry (Mandatory)
1.10 Other Statutory Registration No., if any Text Area Entry (Optional)
1.11 Name and full address of Chief executives Text Area Entry (Mandatory)
1.12 Upload copies of PAN, GST Registration Upload Files
certificate, any other statutory documents
2.0 Bank Details Header
2.1 Name of the beneficiary Text Area Entry (Mandatory)
2.2 Bank A/c No. Text Area Entry (Mandatory)
2.3 Name of the Bank Text Area Entry (Mandatory)
2.4 Name of the Branch Text Area Entry (Mandatory)
2.5 IFS Code (For NEFT/RTGS Payment) Text Area Entry (Mandatory)
2.6 BANK ADDRESS Text Area Entry (Mandatory)
2.7 BANK FAX NO. Text Entry (Optional)
2.8 BANK EMAIL-ID Text Area Entry (Mandatory)
2.9 Bank Phone No. Text Area Entry (Mandatory)
2.10 Upload Supporting Documents for the applicable Upload Files
items

Page 101 of 115

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This Document has been digitally signed.
BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

6. CHECK LIST FOR BID SUBMISSION

Sl. Description Bidder’s

No Response
1.0 Whether the bidder has enclosed the following documents in Original in Yes
Physical Cover of Part-I?
 Details of Payment made towards Cost of Tender document.
 Bank Guarantee towards Bid Guarantee (As per Annexure-A) or
Insurance Surety Bond towards Bid guarantee (as per Annexure – I)if
applicable.
 Power of Attorney / Authorization with the seal of the company in favour
of the person signing the Bid.
 Integrity Pact duly signed as per Annexure-E
 Joint Deed of Undertaking, if applicable, as per Annexure-F
 Form of undertaking by Holding Company, if applicable (as per
Annexure-G)
 Proforma of certificate from the CEO/CFO, if applicable (as per
Annexure-H)
 Checklist for Bid Submission
2.0 Bidder to submit their Physical Cover within the stipulated time to the
Office of the Chief General Manager / Contracts, Corporate Office, Block- Agreed
1, NLC India Limited, Nevyeli-607801, Tamil Nadu, India.
3.0 Bidder has filled and digitally signed online Affidavit submitted Yes
4.0 Bidder has attached Details of Documentary evidence for meeting
Yes
eligibility Criteria by the bidder ( i.e., Class I Local Supplier)
5.0 Bidder has duly filled in Schedule of Prices Yes
6.0 Bidder has attached Details of sub-contractors /sub-suppliers/sub-vendors Yes/No
7.0 Bidder has attached documents to confirm compliance to the requirements
of Public Procurement Policy (Preference to Make in India) as in Clause Yes
6.0 in Section -1 of Volume 1A
8.0 Bidder has confirmed that they are Class-I local supplier as per Cl.6.3 in
Yes
Section -1 of Volume 1A
9.0 Bidder has attached self-certification that the item offered meets the local
content requirement for „Class-I local supplier‟ as per Cl.6.3(a) in Section - Yes
1 of Volume 1A
10.0 Bidder has attached a certificate from the statutory auditor or cost auditor
of the company (in the case of companies) or from a practicing cost
accountant or practicing chartered accountant (in respect of suppliers other Yes
than companies) giving the percentage of local content as per Cl.6.3 (b) in
Section -1 of Volume 1A
11.0 Bidder has attached Integrity Pact duly signed as per Annexure-E Yes
12.0 Bidder has confirmed that they have filled and submitted all the
Yes
Commercial and Technical forms as per tender.
13.0 Bidder accepted the points mentioned in other requirement as in Clause
Yes
No. 3.86 in Section -3 of Volume 1A
14.0 Bidder to provide the self-attested print out of the online IT statement
Upload
indicating zero tax liabilities for four consecutive years prior to the original
Files
schedule date of tender opening.

Page 102 of 115

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This Document has been digitally signed.
BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

7. FORM OF BID - Part-II (Price)

Bidder’s
Sl.No. Description
Acceptance
1.0 I/We, the undersigned have carefully examined and understood the
Tender Documents including the Amendments/ Errata/
Corrigendum/Clarifications issued till the date of Tender Opening.
I/We hereby agree to carry out the entire works as described in the
specifications in conformity with the specifications and Tender Yes
Documents, as per prices quoted by us in the Schedule of Prices
(Schedule F1 – Table 1) enclosed herewith.

2.0 In the event of our offer being accepted, we agree to furnish a Bank
Guarantee for Contract Performance as per the proforma prescribed
by NLC India Renewables Limited and acceptable to NLC India
Renewables Limited and for the sum equal to 10% (Ten percent) of Yes
“Total Contract Price excluding O&M price for 3 years” within 30
days from the date of Letter of Award.

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Page 103 of 481
This Document has been digitally signed.
BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

SECTION -5

SCHEDULES

Page 104 of 115

Page 104 of 481
This Document has been digitally signed.
BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

Solar Power Project 810MW BOS

SCHEDULE OF PRICES-F1

TABLE 1
Note:

1. The bidder can quote for either 410 MW or 400 MW block if the average annual turnover of
the bidder during the preceding three (3) financial years as on the original scheduled date of
tender opening is not less than 125 crore as per PQR.
2. The Bidder can quote for either 410MW or 400MW or 410MW & 400MW blocks if the
average annual turnover of the bidder during the preceding three (3) financial years as on the
original scheduled date of tender opening is not less than 250 crore as per PQR.
Option1: 410MW
Option 2: 400MW
Option 3: 410MW & 400MW
410 MW Package Price Price in Rupees
Sl. No. Description Price GST Total Price
1.0 Schedule-1
Site Preparation Works
1.1 Lumpsum and firm price for Site
preparation Works
2.0 Schedule-2
Plant and Equipment
2.1 Lumpsum and firm price for supply
(excluding Solar PV Modules) delivery
of items including Design, Engineering
Manufacturing, Shop Testing, packing,
forwarding, loading into container, all
Transport charges including Transit
Insurance, Unloading at Site, Stacking &
Storage inclusive of all taxes and duties.
(Also, the price shall include Receipt,
Unloading, storage of PV Modules)
3.0 Schedule -3
Installation and Commissioning
3.1 Lumpsum and firm Price for erection,
testing and commissioning of Solar
Power plant including Solar PV Modules
& all items as per scope, Storage &
Erection Insurance inclusive of all taxes
and duties.
4.0 Schedule -4
Page 105 of 115
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This Document has been digitally signed.
BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

Civil and Structural Works

4.1 Lumpsum and firm price for complete
civil and structural engineering works
including design and engineering. This
shall be the total price for complete civil
and structural engineering works at site
as per the technical specification
inclusive of all taxes and duties.
5.0 Total EPC Cost including all taxes and
duties
(Sum of 1.1, 2.1, 3.1 and 4.1)
6.0 Schedule-5
Operation and Maintenance (O&M) for 3 years
6.1 Lumpsum and firm price for O&M of
Solar Power Plant of 410 MW capacity
for 3 years as per technical specification
inclusive of all taxes and duties.
Note: O & M price for First year shall be
minimum 2% of EPC cost (Sum of
Schedule 1 to 4) and 3.84% escalation for
further subsequent years.(i.e., minimum
6.23% of Total EPC cost)
7.0 Total price for BOS works for setting
up of 410 MW Solar power project
including O&M for 3 years [i.e., Total
Capital Expenditure (CE)] (Sum of 5.0
and 6.1)
8.0 Upload the supporting documents for Schedule-5 - Mandatory upload
400 MW Package Price Price in Rupees
Sl. No. Description Price GST Total Price
9.0 Schedule-1
Site Preparation Works
9.1 Lumpsum and firm price for Site
preparation Works
10.0 Schedule-2
Plant and Equipment
10.1 Lumpsum and firm price for supply
(excluding Solar PV Modules) delivery
of items including Design, Engineering
Manufacturing, Shop Testing, packing,
forwarding, loading into container, all
Transport charges including Transit
Insurance, Unloading at Site, Stacking
& Storage inclusive of all taxes and
duties.

Page 106 of 115

Page 106 of 481
This Document has been digitally signed.
BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

(Also, the price shall include Receipt,

Unloading, storage of PV Modules )
11.0 Schedule -3
Installation and Commissioning
11.1 Lumpsum and firm Price for erection,
testing and commissioning of Solar
Power plant including Solar PV
Modules & all items as per scope,
Storage & Erection Insurance inclusive
of all taxes and duties.
12.0 Schedule -4
Civil and Structural Works
12.1 Lumpsum and firm price for complete
civil and structural engineering works
including design and engineering. This
shall be the total price for complete civil
and structural engineering works at site
as per the technical specification
inclusive of all taxes and duties.
13.0 Total EPC Cost including all taxes and
duties
(Sum of 9.1, 10.1, 11.1 and 12.1)
14.0 Schedule-5
Operation and Maintenance (O&M) for 3 years
14.1 Lumpsum and firm price for O&M of
Solar Power Plant of 400 MW capacity
for 3 years as per technical specification
inclusive of all taxes and duties.
Note: O & M price for First year shall
be minimum 2% of EPC cost (Sum of
Schedule 9 to 12) and 3.84% escalation
for further subsequent years.(i.e.,
minimum 6.23% of Total EPC cost)
15.0 Total price for BOS works for setting
up of 400 MW Solar power project
including O&M for 3 years [i.e., Total
Capital Expenditure (CE)] (Sum of
13.0 and 14.1)
16.0 Upload the supporting documents for Schedule-5 - Mandatory upload
17.0 Total price for BOS works for setting up of 410MW Solar power
project including O&M for 3 years [i.e., Total Capital Expenditure
(CE)]
18.0 Total price for BOS works for setting up of 400MW Solar power
project including O&M for 3 years [i.e., Total Capital Expenditure
(CE)]

Page 107 of 115

Page 107 of 481
This Document has been digitally signed.
BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

Note:
1. Bidders shall quote the prices in the above format only. The price quoted in this format
alone shall be considered for Evaluation and comparison as per clause No.3.23 of
Section 3 of Volume-1A.
2. Any item of work not mentioned in the above particulars but written elsewhere in the
scope of work (or) in Technical Specification (or) essentially required for completion of
works (or) proper operation and maintenance of Solar power plant (or) safety of
equipment and operating personnel shall be deemed to have been included in the above
particulars.
3. First year O & M price shall be minimum 2% of EPC cost (Sum of Schedule 1 to 4 &
schedule 9 to 12 block wise) quoted by the bidder. Further the bidder shall furnish price
Breakup for O&M price for 3 years quoted in Schedule-5 in Sl. No 8.0, 16.0 and the
price breakup shall have minimum escalation of 3.84% on further subsequent years.
4. Download Spread sheet for calculating the O&M Charges (Schedule of Prices F1 -
Table-2)
5. The bidder shall upload the signed copy of the Spread sheet for calculating the O&M
Charges (Schedule of Prices F1 -Table-2) in Sl. No 8.0 and 16.0 for each block.
6. In case of any Arithmetical errors between the prices quoted in Schedule of Prices: F1-
Table -1 and Table-2 for O&M , the prices quoted in Schedule of Prices: F1-Table -1
will only be considered for Evaluation. This price shall be binding on the Contractor.
7. Bidder shall note that Total price of 410 MW Solar Power Project including O&M for 3
years in Sl. No.7.0 is equal to Total Capital Expenditure (CE) in Rs. = {EPC cost
(Schedule-1 + Schedule-2 + Schedule-3 + Schedule-4) + O&M price for 3 years
(Schedule-5)}
8. Bidder shall note that Total price of 400 MW Solar Power Project including O&M for 3
years in Sl. No.15.0 is equal to Total Capital Expenditure (CE) in Rs. = {EPC cost
(Schedule-1 + Schedule-2 + Schedule-3 + Schedule-4) + O&M price for 3 years
(Schedule-5)}.
9. Bidder to quote GST on ceiling basis wherever applicable in the column provided.
10. Bidder shall attach Form of Bid, Part II, as per Annexure – C of Section 3 of Volume
1A.
11. Bidder for the BOS tender has to design the plant with reference module as 560Wp and
quoted accordingly. However, the actual module will be supplied from 560Wp and
above based on the availability. Hence Suitable adjustment in the award price in Total
EPC Cost shall be carried out during detailed engineering as per the relevant clause
3.26. The Award price for 3 years O&M remains the same.
12. Reverse auction will be conducted individually for SI No. 17.0 and 18.0 of schedule of
prices F1 Table in separate screen for 410MW, 400MW packages simultaneously. As
per Evaluation and comparison clause No.3.23 of Section 3 of Volume-1A.

*****

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This Document has been digitally signed.
BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

Schedule of Prices -F1

Price Break up of O&M for 3 years
Table -2

Lumpsum and firm price for O&M of Solar Power Plant of 810 (410MW & 400MW) MW
capacity for 3 years as per technical specification inclusive of all taxes and duties
Total Quoted
Price in
Quoted Price Quoted GST
Rupees
S.No For the year in Rupees in Rupees
including
GST
(a) (b) c = (a+b)
st
1 1 Year after SCOD 0
2 2nd Year after SCOD 0
3 3rd Year after SCOD 0
Schedule-5 (Total O&M Charges in Rupees including GST). 0
Note:
First year O & M price shall be minimum 2% of EPC cost Further the bidder shall furnish price
Breakup for O&M price for 3 years quoted and the price breakup shall have minimum escalation
of 3.84% on further subsequent years.

Page 109 of 115

Page 109 of 481
This Document has been digitally signed.
BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

SCHEDULE-F2
OVERALL TIME SCHEDULE
FOR BOS PACKAGE OF 810 MW(410 MW & 400 MW) SOLAR POWER PROJECT
(Bidder to fill-in and submit with its Bid)

S. Activities/Milestone Period in Months

No from LOA
Start Finish
1 Engineering for the Project
Submission of Master Drawing List from the date of LOA
Submission, Review and approval of drawings
2 Supplies
Supply of Structure and DC cables
Supply of Balance of System
Supplies of PCSS & MCR
3 Civil Works
Site Preparation Works
MMS, PCSS and Main Control Room
Approach Road, drainage system & internal roads
4 Erection & Installation Works
Erection and Installation of Electrical & Associated Equipment‟s.
Testing of Equipment and Readiness of SCADA
5 Evacuation Works
Erection, Testing and Commissioning of 810MW SPP upto point
of connection (33KV Side of 33/400KV Solar Park PSS).
6 Commissioning Activities
CEA inspection and Commissioning of Solar PV Plant.
Commercial Operation as per GEDA/ DISCOM/ GETCO/CTU
Commissioning Committee of Solar PV Plant
Completion of SCOD
7 PG Test (i.e., 03 months from SCOD)
8 O&M Start time (After completion of SCOD)

Signature :
Name :
Designation :
Company :
Company Seal
Date :

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This Document has been digitally signed.
BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

SCHEDULE F3

DEVIATION SCHEDULE TO DRAFT CONTRACT

NOT APPLICABLE

Page 111 of 115

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This Document has been digitally signed.
BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

SCHEDULE F4

DEVIATION SCHEDULE TO TECHNICAL SPECIFICATION

NOT APPLICABLE

Page 112 of 115

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This Document has been digitally signed.
BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

SCHEDULE F5

REQUIREMENTS OF CONTRACTOR AT SITE

NOT APPLICABLE

Page 113 of 115

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This Document has been digitally signed.
BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

SCHEDULE F6

CONTRACTOR RESOURCE DEPLOYMENT SCHEDULE

The Bidder shall indicate the schedule of manpower resources proposed to be deployed at
the site for executing the BOS works for 810MW Solar Power Project (Bidder to fill-in and
submit with its Bid)

S.
Type of Resource Months
No.
1 2 3

Signature:
Name:
Designation:
Company:
Company Seal Date:

Page 114 of 115

Page 114 of 481
This Document has been digitally signed.
BOS Works for Setting up of 810 MW (410MW & 400MW ) Solar
VOLUME – IA
Project in RVUNL Solar Park at Pugal , Bikaner District, Rajasthan
Under Engineering, Procurement (Excluding Supply of Solar PV
Modules) & Construction with O&M for a Period of 03 Years

SCHEDULE F7

Schedules of Weights & Dimensions

NOT APPLICABLE

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This Document has been digitally signed.
NLC INDIA LTD
‘Navratna’ - Government of India Enterprise
Block-1, NEYVELI - 607 801, Cuddalore District, Tamil Nadu, INDIA.
OFFICE OF THE CHIEF GENERAL MANAGER/CONTRACTS
CORPORATE OFFICE

DOMESTIC COMPETITIVE BIDDING

Through e-Tender & e-Reverse Auction

TENDER DOCUMENT
FOR
BOS WORKS FOR SETTING UP OF 810 MW (410MW & 400MW ) SOLAR PROJECT
IN RVUNL SOLAR PARK AT PUGAL, BIKANER DISTRICT, RAJASTHAN UNDER
ENGINEERING, PROCUREMENT (EXCLUDING SUPPLY OF SOLAR PV MODULES)
& CONSTRUCTION WITH O&M FOR A PERIOD OF 03 YEARS
VOLUME – IB
COMMERCIAL – DRAFT CONTRACT

Tender No. CO CONTS/0001T/810 MW (410MW&400MW) Solar/BOS/e-

Conts/2025, Dt.08.01.2025

Phone: 04142-212308 / 218588

Web site: www.nlcindia.in E-Mail: [email protected]

Registered Office: 135, E.V.R. Periyar High Road, Kilpauk, Chennai- 600 010.

Page 116 of 481

This Document has been digitally signed.
BOS Works For Setting up of 810 MW (410MW & 400MW ) Solar Project
In RVUNL Solar Park at Pugal, Bikaner District, Rajasthan Under VOLUME – IB
Engineering, Procurement (Excluding Supply of Solar PV Modules) &
Construction with O&M for a Period of 03 Years

VOLUME – I B

DRAFT CONTRACT
TABLE OF CONTENTS
Section Description Page No.
Number
Contract Agreement
Section-1 Definitions 8
Section-2 Brief Scope of Work 14
Section-3 Contract Price 21
3.1 Contract Price Break up 21
3.2 Price Basis 22
3.3 Firm price 22
Section-4 Time Schedule 23
4.1 Completion Time 23
4.2 Time Schedule for Feedback Data, Drawings and Documents 23
4.3 PERT Network 24
4.4 Delivery of Equipment, Wig’s substances Equipment etc 26
4.5 Maintaining spares 27
4.6 Delivery of Engineering Services 27
4.7 Respect for Time Schedule and price reduction for Non-Fulfilment 27
of Time schedule
4.8 Compensation for shortfall in generation during O&M Period 28
4.9 Total Liability for delay & shortfall in performance Guarantee 29
(PG) values
4.10 Compensation for overstay- Shall not be applicable 29
4.11 Implementation Strategy 29
4.12 Construction/Erection Plan 29
4.13 Progress Monitoring 30
4.14 Overall Time Schedule 31
4.15 Extension of Time 31
Section-5 Taxes & Duties 33

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Page 117 of 481

5.1 General 33
5.2 Goods and Service Tax 33
5.3 Tax Deduction at Source (TDS) towards Income Tax / other Taxes 34
5.4 Personnel Income Tax & Cess 35
5.5 Building & Other Construction Workers Welfare (BOCW) Cess, 35
applicable
5.6 Royalty 35
5.7 Billing Schedule 35
Section-6 Payment Terms 36
6.1 General Procedure 36
6.2 Due Dates for Payment 36
6.3 Payment Schedule 36
6.4 Advance Payment 37
6.5 Terms of Payment 38
6.6 Terms of Payment for Supply, Erection, Civil Works, Testing & 39
Commissioning of Solar Power Project
6.7 Terms of Payment for Taxes and Duties. 41
6.8 General 42
6.9 Payment Procedure 42
6.10 Payment for Contract Bills through National Electronic Fund 42
Transfer (NEFT)
6.11 Documents for Payment 43
Section-7 Facilities to be Provided by the Purchaser-Not applicable 45
Section-8 Contract Technical Specifications 46
Section-9 Performance Guarantees Test 47

Section-10 General Terms & Conditions of the Contract 48

10.1 Bank Guarantees 48
10.2 Licenses 51
10.3 Insurance 52
10.4 Customs Clearance 54
10.5 Liquidation, Death, Bankruptcy etc. 54
10.6 Responsibility for Performance of Contract 54
10.7 Responsibility for Completeness 55
10.8 Dispatch and Billing Schedule 55
10.9 Shipping Notes and Documents 56

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10.10 Packing, Identification and Markings 57

10.11 Type, Quality of Materials and Workmanship 58
10.12 Drawings and Documents 59
10.13 Errors and Omissions 59
10.14 Acceptance of the System 59
10.15 Mandatory Spares, Tools & Tackles, Initial Fill, Oil, Lubricants 61
and Consumables
10.16 Approval by the Purchaser 62
10.17 Sub-Contract 63
10.18 Inspection and Tests at Contractor's/ Manufacturer's Premises 63
10.19 Participation of Indian Engineers 66
10.20 Standards, Codes and Compliance with Laws & Regulations 66
10.21 Protective Painting 67
10.22 Weights & Measures 67
10.23 Secrecy & Titles 67
10.24 Rejection of Defective Plant & Works or Other Installation 68
10.25 Negligence 68
10.26 Progress Report 69
10.27 Training 69
10.28 Patents 69
10.29 Indemnity 71
10.30 Termination, Suspension and Foreclosure 71
10.31 Termination of Services of Contractor's Personnel 73
10.32 Force Majeure 73
10.33 Jurisdiction & Resolution of Disputes 74
10.34 Warranty 77
10.35 Tests on Completion 80
10.36 Access to and Possession of Site 80
10.37 Due Dates of Payment 80
10.38 Deductions from Contract Price 80
10.39 Construction of Contract 80
10.40 Rights of Purchaser to Vary Scope 81
10.41 Waiver 81
10.42 Assignment 82

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10.43 Contract Amendments 82

10.44 Applicable Law 82
10.45 Notices 82
10.46 Language 82
10.47 Statutory and Other Regulations 83
10.48 Labour 84
10.49 Care of Works 88
10.50 Restriction of Visitors 88
10.51 Possession Prior to Completion 88
10.52 Work Permit, Passport, Etc. 88
10.53 General 88
10.54 General Liability Provision 88
10.55 Transfer of Titles 89
10.56 Indemnity Bond 89
10.57 Safety 90
10.58 General Condition for Erection & Civil Works 90
10.59 Emission Test Certificate 90
10.60 Public Procurement (Preference to make in India) 90
10.61 Contract Closure 90
Section-11 Quality Assurance
11.1 General 91
11.2 Quality Assurance Plan (QAP) 91
11.3 Internal Inspection by Contractor / Manufacturer 92
11.4 Method of Undertaking Inspection & Testing by Purchaser 92
11.5 General Clauses 94
Section-12 Special Conditions for Shared Transmission System-Deleted 95
Section-13 Commercial Terms and Conditions for O&M for 3 years 96

Page 5 of 174

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ANNEXURES

ANNEXURES DESCRIPTION Page No.

List of imported plant and equipment, technological Not Applicable
Annexure-I
and building structures, etc.

List of Equipment, Technological and building See Note

Annexure-II
structures, etc.

List of imported equipment to be brought directly to Not Applicable

Annexure-III
site

List of imported equipment / components required at Not Applicable

Annexure-IV
Indian contractor’s works in India

List of Sub - contractor’s /Sub-Suppliers /Sub- See Note

Annexure-V
Vendors

Annexure-VI List of mandatory spares See Note

Annexure- VII List of tools and tackles See Note

List of Initial fill, Oil and Lubricants including See Note

Annexure- VIII
flushing oil and consumables

Annexure- IX Training programme for purchaser’s personnel See Note

Annexure- X Requirements of contractor at site See Note

Annexure- XI Resource deployment schedule See Note

Annexure- XII Schedule of Supervisory personnel See Note

Annexure- XIII Pro-forma for Contract Performance Bank Guarantee 112

Annexure- XIV Pro-forma for Financial Back up Bank Guarantee Not Applicable

Annexure-XV Pro-forma for Advance Payment Bank Guarantee 116

Annexure-XVI Pro-forma for Custody-cum-Indemnity Bond 118

Annexure-XVII Pro-forma for Retention Money Bank Guarantee 122

Pro-forma for release of Liquidated Damages Bank Not Applicable

Annexure- XVIII
Guarantee (LDBG)

Annexure-XIX Safety Code for Contractors 126

Annexure-XX General Conditions for Erection & Civil 129

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Annexure-XXI Letter of Award See Note

Annexure-XXII Integrity Pact See Note

Annexure-XXIII Deed of Joint Undertaking (DJU) See Note

Annexure- XXIV Pro-forma for BG for shortfall in generation during 155

O&M Period of 3 years

Annexure-XXV Pro-forma for BG for O&M period of 3 Years (i.e., 158

Defects Liability period)

Annexure-XXVI Bank Account Details for e-payment and Details of 161

the bidder

Annexure-XXVII FORM OF UNDERTAKING BY BOS EPC CONTRACTOR FOR 162

SPARES

Annexure-XXVII Proforma for Joint Undertaking for AMC of Critical 163

Equipment for Stipulated Duration Beyond O&M
Period between BOS EPC Contractor and OEM/OEM
service provider.
Annexure-XIX Form of Insurance Surety Bond towards Performance 165
Security
Annexure-XX Contract Agreement 168

Note: Annexure II, V to XII shall be prepared after mutual agreement with the successful bidder
based on offer and agreement arrived at during techno commercial discussion and shall
form part of the contract. LOA issued to the successful bidder, Integrity Pact and Deed of
Joint Undertaking (DJU) furnished in the bid by the successful bidder shall be attached as
Annexure XXI to XXIII.

*******

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SECTION-1
DEFINITIONS
1. DEFINITIONS
The following words and expressions are used in this Contract (as herein defined and in the
Invitation for Bid) shall have the meanings hereof assigned to them, except where the
context requires otherwise:
1.1. ‘Acceptance’ shall mean the manifestations by the owner of his assent to the mutually
agreed terms of the offer by the bidder.
1.2. ‘Agreement’ shall mean mutual understanding between the parties which creates obligations
between each other.
1.3. ‘Approval of the Purchaser’ shall mean the written approval by the ‘Purchaser’ or
‘Consultant’ with respect to matters delegated to the consultant by the purchaser of a
document or drawing or other particulars or matters in relation to the Contract.
1.4. ‘Base date’ shall mean the first working day of the calendar month, one month prior to the
actual date of opening of Bids (Part-I).
1.5. ‘Bid’ shall mean a valid offer made against this tender enquiry, indicating terms, conditions
and prices.
1.6. Bidder / Tenderer / SDO (Solar Developer and Operator) shall mean a person/party/ firm/
company /consortium who submits an offer/ bid against a tender enquiry.
1.7. ‘Billing Schedule’ shall mean the item, description and Quantities arrived at after detailed
design and engineering are prepared. It generally occurs in lump sum Price contracts, where
rates are fixed up for such items, based on the Break up prices indicated in the offer.
1.8. ‘Commercial use' shall mean that use of the equipment for works, which the `Contract'
contemplates.
1.9. ‘Commissioning’ – The Solar Power Project will be considered as commissioned if all
equipment as per rated project capacity has been installed and energy has gone into the gird.
1.10. ‘Compensation’ shall mean anything as an equivalent as to make assessment for loss or
damage.
a) The consideration for services rendered by contract agreed or implied.
b) Remuneration for injury suffered, especially when it has resulted in measurable loss or
in expenditure.
c) Money paid for damage caused by any wrong or breach of contract, to the person
defrauded or injured.
1.11. ‘Completion of erection’ shall be defined as to be completion of erection of all the materials
and items of the equipment covered under the scope of Contract, successful completion of
functional tests.
1.12. ‘Completion of Handing Over’ shall mean that completion certificate as indicated in the
technical specifications and conditions of contract.
1.13. Completion time for scheduled commercial operation date (SCOD) shall be 12 months from
the date of LOA.
1.14. ‘Condition’ shall mean the conditions agreed between the parties and stipulated in the
Contract agreement.

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1.15. ‘Consequential damages’ mean the damages, claimed in a tort or breach of contract which
do not normally follow from the tort or breach.
1.16. `Consultant' shall mean the Consultants appointed by the Purchaser for the `Project’ or their
duly authorized representatives.
1.17. `Contractor' shall mean the successful Bidder whose bid has been accepted by the Purchaser
and on whom the `Contract' or `Purchase order’ is placed by the Purchaser and shall include
his heirs, legal representatives, successors and permitted assignees.
1.18. ‘Contract’ shall mean and include this contract between the owner and Contractor for the
execution of the works as per agreed terms, conditions, specifications prices and
enforceable as per law.
1.19. ‘Contract period’ shall mean the period / time schedule agreed in the contract during which
period the Contracted work shall be performed / executed, inclusive of any period covered
by extension(s), duly issued. ‘Contractual Delivery Period’ for the purpose of statutory
variations in taxes & duties shall be 12 months from the date of LOA.
1.20. ‘Contract Price’ in relation to particular contract shall mean the total consideration to be
paid by the Purchaser to the Contractor. It includes all taxes and duties.
1.21. "Contractor's works” or "Manufacturer's works” shall mean the places which are used by
the Contractor/Sub-Contractor for the manufacture of equipment.
1.22. ‘Day’ shall mean the period between midnight to next midnight.
1.23. Defects liability: For latent defects, the liability period shall be up to 3 (Three) years from
the Expiry of Guarantee / Warranty period of equipment or completion of O&M Period.
1.24. ‘Delivery’ shall mean delivery of only such equipment, materials and supplies specified in
the Contract and manufactured and/or supplied by the Contractor in accordance with the
sequence of delivery schedule of the Contract and in case of construction and erection work,
delivery shall mean the approval of the owner to the said construction and erection work.
1.25. ‘Dimensions’ shall mean length, area, volume etc. all expressed in metric system.
1.26. ‘Drawing’ shall mean such drawings provided along with bid documents / furnished during
the progress of work by the Contractor and approved by the Purchaser.
1.27. ‘Date of Contract’ shall mean the calendar date on which Purchaser and the Contractor have
signed the `Contract'.
1.28. ‘Design Charges’ shall mean the charges payable for design and engineering of the
equipment.
1.29. ‘Effective date of Contract’ shall mean the date of Letter of Award.
1.30. ‘Engineer’ / ‘Project Manager’ shall mean the Officer nominated by the Purchaser for the
performance of the Contract.
1.31. ‘Equipment Portion of the Contract Price’ shall mean the F.O.R. SITE. Price of the
equipment components and goods including charges for design, manufacture, shop-testing,
packing and forwarding and loading into containers / carriers, Transit Insurance,
Transportation and Unloading to the Site.
1.32. ‘Erection’ shall mean the putting up of structures and/or installation of plant and equipment
under the Contract by the Contractor and/or under the supervision of the Contractor and will
include any service which the Contractor is required to perform at the site with his own

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and/or other staff and/or labour and/or Sub-Contractor for the due fulfilment of the
Contract.
1.33. ‘Erection Portion of the `Contract Price' shall mean the value of field activities of the
`Works’ including unloading, handling, storage till erection, erection, commissioning and
testing including supervision to be performed at "site" by the Contractor.
1.34. Final take over will occur when the following are achieved:
i. All supplies and services have been completed as per Contract.
ii. The Contractor has met any and all obligations under this Contract
iii. Final balance documentation, if any, incorporating latest modifications in ‘as built’
drawings has been submitted by the Contractor in requisite copies.
iv. The Contractor has rectified in a definite manner all objections / observations
mentioned in the "Commissioning Certificate" and ‘Final Project Punch List’.
v. Successful completion of Performance Guarantee Test for the plant and acceptance of
PG Test Report submitted.

1.35. ‘Functional tests’ shall mean all activities undertaken after completion of erection and shall
include mechanical and electrical check outs, safety checks, calibration of instruments and
protection devices and such other tests carried out to ensure functional reliability of various
sub-supporting systems.
1.36. ‘Guarantee/ Warranty period of the equipment’ shall mean the period of 12 (twelve) months
from the date of SCOD.
1.37. ‘Inspector’/ ‘Inspecting Engineer’ shall mean any person or persons, or any firm nominated
by or on behalf of the Purchaser or his duly authorized agent or Consultant to inspect
equipment, supplies, materials or any type of work under the contract.
1.38. ‘Instructions’ shall mean any drawings and/or instructions, oral and/or in writing details,
direction and explanations issued by the Consultant or the Purchaser from time to time
during the ‘Contract Period’.
1.39. ‘Initial Operation’ shall mean all operations undertaken as part of “Commissioning” after
completion of “Preliminary Operation” It shall be the first integral operation of the
complete plant/system/ equipment covered under this “Contract” and shall include first
start-up on no-load and/or partial load and/or full load runs of PV arrays, Inverters and
electrical equipment and gathering of operational data, calibration, setting and
commissioning of control systems and shut-down inspection and adjustment after running
of the plant/system/equipment covered under the Contract.
1.40. ‘Letter of Award’ (LOA) shall mean the official communication issued by the owner
notifying legally to the bidder that his bid has been accepted on mutually agreed terms,
conditions and prices.
1.41. Part Commissioning of the Project shall be accepted subjected to the condition that the
minimum capacity for acceptance of first and subsequent part(s) commissioning shall be in
blocks of minimum 50MW.
1.42. Price Reduction, not as a Penalty, is agreed upon between parties in the Contract towards
time delay.

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1.43. Compensation is agreed upon between parties in the Contract towards shortfall in
performance parameters agreed in a Contract.
1.44. ‘Manufacturer’ shall mean a person firm/company who manufactures and/or produces
Plant, Equipment, Component Spare Parts etc.
1.45. ‘Mechanical Completion’ shall be defined to be a state of readiness for “Preliminary
Operation” after due erection of all the materials and items of equipment covered under the
scope of the contract.
1.46. ‘Mobilisation’ shall mean establishment as per contract of sufficiently adequate
infrastructure by the Contractor at site inclusive of construction equipment, aides, tools &
tackles, setting up site offices with facilities such as power, water, communication etc.
establishing man power organisation consisting of Resident Engineers, Supervisory
personnel and an adequate strength of skilled, semi-skilled and unskilled workers, who,
with the so established infrastructure shall be in a position to commence execution of work
at site(s), in accordance with the agreed time schedule of completion of works.
‘Mobilisation’ shall be considered to have been achieved if the Contractor is able to
establish infrastructure as indicated above to begin work at site in accordance with agreed
schedule of work to the satisfaction of the Purchaser.
1.47. ‘Month’ shall mean English Calendar month. The month or months unless herein otherwise
expressly defined shall mean Calendar month or months.
1.48. ‘Notice’ shall mean any written Notice issued by the owner / Bidder / Contractor.
1.49. ‘Notice inviting Tender’ (NIT)/Notice inviting Bid (NIB) shall mean a Notice published by
the owner with the intention to invite offer/ bid for his requirements.
1.50. ‘Particulars’ shall mean the following:
a) Specification
b) Drawing
c) Sealed pattern denoting a pattern sealed and signed by the Inspector.
d) Proprietary make denoting the product of an individual firm.
e) Any other details governing the construction, manufacture, supply and / or erection
as per the Contract.
1.51. Performance Guarantee Test’ shall mean such tests as are prescribed in the Specification to
be done by the Contractor.
1.52. ‘Preliminary Operation’ shall mean all activities undertaken, as part of “Commissioning”
after “Mechanical Completion” upto commencement of “Initial Operation” and include
mechanical and electrical checkouts, calibration of instrument and protection devices,
commissioning of sub/supporting system of the plant/system/equipment covered under the
Contract.
1.53. ‘Plant, Equipment, Stores, Item or Material’ shall mean and include plant, equipment,
material, machinery or any part thereof to be provided for and the erection work to be done
by the Contractor under the Contract.
1.54. ‘Price’ shall mean the price agreed in the contract between the parties towards the scope of
work.
1.55. ‘Project’ shall mean the project specified in the tender documents and specification.

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1.56. ‘Purchaser/Owner’ shall mean and include NLC India Renewables Limited(NIRL) and its
different functionaries entrusted with the responsibilities in relation to this contract in
respect of the area of responsibilities of such functionaries.
1.57. ‘Provisional take over’ shall mean acceptance of prima facie and in principle subject to
completion of / fulfilment of certain conditions and entire plant is exporting power to grid.
This is not a complete acceptance of work entitling the Contractor to get full payment or to
assume that all the obligations and terms and conditions of the contract have been fulfilled
to the satisfaction of the Owner / Purchaser.
1.58. ‘Scheduled Commercial Operation Date (SCOD)’ shall be the date on which the
commissioning certificate is issued by the purchaser upon successful commissioning of the
full capacity of the Project (410MW/400 MW SPP) including DC overloading.
1.59. ‘Site’ shall mean the land set for the location of the project / work.
1.60. ‘Specification’ shall mean the Technical – Commercial specification including modification
set in the tender / contract documents.
1.61. “Sub-Contractor/ Sub-Vendor/Sub-Supplier" shall mean the contractor undertaking a part of
the work/supply or any person to whom a part of the Contract has been sublet with the
consent in writing of the Purchaser and shall include its heirs, legal representatives,
successors and permitted assignees.
1.62. ‘Sublet ‘shall mean to let out the work to another.
1.63. ‘Supervision’ shall mean the successive control and directions given by the Contractor in
relation to Contract work during execution of the Contractor’s and/or his sub-Contractor’s
work.
1.64. ‘Successful Bidder’ / ‘Tenderer’ shall mean the bidder whose bid is considered for
acceptance.
1.65. `Supply' shall mean the goods to be supplied by the Contractor under the `Contract'.
1.66. ‘Tender’ shall mean the bidder’s offer with his terms, conditions, Specifications and prices
to perform the scope of work.
1.67. ‘Test’ shall mean such test / tests stipulated or considered necessary by the Inspecting
Officers.
1.68. ‘Time’ shall be reckoned by months, weeks, days and hours, month being equivalent to the
Calendar month according to the Gregorian calendar. The day or days unless herein
otherwise expressly defined shall mean Calendar Day or days of 24 hours each.
1.69. ‘Time of completion’ shall mean the time / period stated / agreed for completing the scope
of work specified in the contract.
1.70. ‘Transport Portion of the Contract Price’ shall mean charges on all the mode of transport
envisaged under Contractor’s scope including inter-carting storage at any intermediate
point.
1.71. ‘Warranty’ shall mean Contractor’s assurance to the Purchaser that the goods or property is
or shall be as represented and if not, it will be repaired and reconditioned or replaced by the
Contractor at his cost or expenses.
1.72. ‘Warranty Period of the equipment’ shall mean 12 months from the date of SCOD.

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1.73. ‘Weight’ shall mean the calculation of a load. It is to be stated in ton (1 ton = 1000
kilogram) and / or kilogram (1 Kilogram = 1000 gram).
1.74. ‘Works’ shall mean plant, non-plant, buildings, Structures, Foundations and all plants,
Equipment, Components to be provided and other construction/erection services that the
contract requires the Contractor to provide.
1.75. Terms and expressions not herein defined shall have the same meaning as are assigned to
them in the Indian Sales of Goods Act (1930), failing that in the Indian Contract Act (1872)
and failing that in the General Clauses Act (1897) and such others as mentioned from time
to time.
1.76. `Writing' shall include any manuscript, typewritten or printed statement, under or over
signature and/or seal as the case may be.
1.77. When the words Àpproved', `Subject to Approval’ `Satisfactory', Èqual to', `Proper',
`Requested', Às requested', `Where directed', `When directed', `Determined by', Àccepted',
`permitted', or words and phrases of like import are used the approval, Judgement, direction,
etc.is understood to be function of the Purchaser or the Consultant.
1.78. Words imparting person shall include firms, Companies, Corporation, associations or body
of individuals whether incorporated or not. Words imparting masculine gender or singular
number shall also include the feminine gender and plural number and vice-versa where the
context so required or permits.
1.79. The various Acts and Regulations are normally available for sale from the following
address:
`Deputy Controller -Publication Department,
Government of India,
Civil Lines, Delhi - 110 006.
and with leading authorised Government of India book sellers.

*****

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SECTION-2

Brief Scope of Work

2. Brief Scope of Work:
2.1. Introduction
The entire scope of work (excluding supply of Solar PV Modules) shall be carried out by
the contractor on Lump-sum turnkey basis.
The scope of work includes the Design, Engineering, Site development, Manufacture,
Inspection at supplier’s works, Supply, Insurance, Transport, Storage, Erection,
Installation, Testing & Commissioning of the total capacity of 410MW/400MW SPP and
the Evacuation System up to the Point of Connection (i.e., 33KV side of 33/400KV Park
Pooling Sub Station (PSS)) Except Supply of Solar PV Modules.
The scope also includes necessary arrangements and support to enable SPD to Declare
Scheduled Commercial Operation Date (SCOD) after entire commissioning of SPP with
DC overloading and conducting PG Test for 90 days. The scope also includes Operation &
Maintenance (O&M) of entire SPP up to Point of connection, at free of cost for the
warranty period of 12 months from SCOD and paid O&M for 3 years from the date of
completion of the warranty period. In addition, Scope also includes, Annual Maintenance
Contract (AMC) of Inverter, SCADA, CCTV and Dry robotic cleaning system for Six (6)
years starting from 5th year to 10th year (i.e., on completion of 03 years paid O&M of
410MW/400MW SPP).
This Scope of Work is indicative only. Detailed Scope of Work is contained in Volume-
II (Technical Specification).
2.2. SCOPE OF SUPPLY
2.2.1. Plant & Equipment
The scope of supplies and services of the Contractor for setting up of 410MW/ 400MW
Solar Power Project is described in Technical Specification and the relevant Annexures
subject to General Terms and Conditions of Contract in Section-10 of this Volume.
2.2.2. Spares
The Contractor shall maintain Spares and consumables as defined in the Technical
Specification.
2.3. SCOPE OF SERVICES
2.3.1. Technical Services
The Contractor shall be responsible for the following services including those Services
stipulated elsewhere in the Tender Specification:
2.3.1.1. Detailed design and engineering
2.3.1.2. Technical services relating to planning, procurement, manufacturing, inspection,
expediting, packing, shipping, storing, etc.
2.3.1.3. Project management services and complete feedback of data and information to
Purchaser regarding Contractor's scope of supply and services.
2.3.1.4. Time bound project co-ordination relating to transportation, insurance, claim
settlement, inspection, construction planning and scheduling, erection planning, field

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construction engineering, testing, start up, trial run, commissioning and performance
guarantee tests. The Contractor shall bring his own or Sub-Contractor(s) Specialists for
the performance of the above-mentioned works.
2.3.1.5. Total day to day supervision of construction including erection and specialized
services, if any.
2.3.1.6. Technical consultation/liaison/guidance relating to detail design and plant engineering
by its sub-Contractors.
2.3.1.7. Quality control and adherence to the time schedule control of site work and other
works.
2.3.1.8. Start-up trial runs and commissioning services.
2.3.1.9. Demonstration of performance guarantee tests by deputing commissioning
engineers/specialists.
2.3.1.10. Clearance for installations including power evacuation system from the statutory and
other concerned authorities on behalf of Purchaser. The Contractor shall also assist in
preparing application forms, providing necessary drawings, documents, test certificates
etc., including necessary co-ordination with statutory and other concerned authorities.
2.3.1.11. All applications will be filed on the name of purchaser. Statutory fee if any will be paid
by Purchaser for approval.
2.3.1.12. Submission of complete as built drawings/documents, O&M Manuals etc., as instructed
by the Purchaser.
2.3.1.13. The Contractor shall be responsible for supply of all the drawings and technical
documents & information in respect of the plant & equipment. The Contractor shall
deliver the drawings, technical documents and information to the Purchaser and their
authorized agency.
2.3.1.14. Detailed Scope of Work: The detailed scope of work covers the following activities
and services in respect of all the equipment & works specified and covered under the
specifications. All equipment, materials and services whether explicitly stated or
otherwise and that are necessary for the satisfactory operation of the Solar PV System
and its integration as described in the specification shall be deemed to be included in
the scope of work of the Contractor and shall not be limited to the following:
1. Site preparation like vegetation removal, soil grading and levelling of the Project area.
2. Conducting Topographical survey, Geo-Technical investigation and Soil Resistivity
test in all the site locations.
3. Detailed Design and Engineering of all the equipment and equipment system(s)
including civil works.
4. Submitting the engineering drawings, data sheets, process calculations, test certificates
and reports, structural design calculations, Equipment layout, Civil
structural/architectural Drawings for Review and approval by SPD/SPDs Engineering
consultant.
5. Finalization of sub-vendors, manufacturing quality plans and Field quality plans.
6. Purchase, testing, packing and transportation from the manufacturer’s works to the site
including customs clearance & port clearance, port charges, (if any) of all the

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equipment of SPP (excluding supply of Solar PV Modules), Evacuation System i.e.,

all the equipment, system, sub-system etc. and receipt, storage, preservation and
conservation of equipment at the site and protecting the material from theft, fire
including Free Issue item by SPD.
7. Receipt, Unloading, storage, erection, installation, testing and commissioning of Solar
PV Modules supplied by SPD.
8. Fabrication, pre-assembly, (if any), erection, testing, pre-commissioning and
commissioning and putting into satisfactory operation of all the equipment, system,
sub-system etc. as mentioned above, Starting from the solar PV modules sections to
Point of connection.
9. Approval from CEA/statutory authorities of Central/State, before charging of the
plant.
10. Contractor shall obtain Project insurance as specified in the commercial volume.
11. Submitting the Performance Guarantee Test procedure, Operation & Maintenance/
instruction manuals, As-built drawings and other information for SPD/SPDs
Engineering consultant Review and acceptance.
12. Successful completion of Performance Guarantee Test for 90 days after SCOD of the
plant and PG shall be completed within one year from the SCOD.
13. Warranty for the Works and Equipment of SPP complying to the conditions stipulated
below.
a) The inverters installed in the solar power plant must have a warranty for 60
months from the date of their commissioning or 66 months from the date of
supply whichever is earlier.
b) The mechanical structures, electrical works and overall workmanship of the
grid solar power plant must be warranted for the entire period of contract.
14. Transfer of Warranty by OEM for the above Equipment after Contract Period to SPD
as applicable.
15. Ensuring the Guarantee / Warrantee period for the other equipment (Class 1 Items as
listed in Section -26) shall be for a period of 12 months from the date of SCOD.
16. Solar O&M - Entire SPP up to Point of connection for 3 years from the date of
completion of the warranty period.
17. The Contractor shall furnish all the relevant documents and provide all necessary
support to SPD in the Works related to connectivity approval and other statutory
approvals.
18. The Contractor shall furnish all the relevant documents and provide all necessary
support to SPD in the Works related to filing of petitions (if any) and appearing for the
petitions before Hon'ble Regulatory Commission/Court pertaining to the Project.
19. Settlement of any disputes related to BOS works with public/statutory bodies / local
authorities state authorities etc. shall rest with Contractor.

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2.3.2. Supervision
The Contractor shall depute Technical personnel/ Specialists from various disciplines
for the supervision of construction work under his scope of work. The above-mentioned
Technical personnel/Specialists shall supervise the construction and commissioning of
the Project so as to establish to the Purchaser that the guarantees as agreed by the
Contractor are fully met.
2.3.3. Construction & Erection Works
2.3.3.1. The Contractor shall mobilize all necessary construction and erection tools & tackles,
small hand tools, instruments, all commissioning instruments, bolts, nuts, washers, jigs
and fixtures, winches, alignment tools etc. and the material handling equipment such as
cranes, hoists etc., welding equipment and accessories, measuring instruments,
temporary supports and staging, consumables (e.g. welding gas, electrodes etc.),
erection packs etc. for erection of steel structures, and other equipment which may be
required for carrying out the construction and erection work efficiently within the time
schedule provided herein in the Contract. The Contractor shall ensure that proper
documentation is followed at entry gate of Purchaser's premises for such items which
shall be carried back by Contractor after completion of work.
2.3.3.2. The Contractor shall carry out any and all such works, as may be required, to build the
project complete in all aspects as per the Contract Specification.
2.3.3.3. The Contractor shall make all necessary arrangements to deliver the equipment at the
project site by wagons/trucks/trailers, build his own stores (covered, uncovered, air-
conditioned, if necessary) for the proper storage of equipment, maintain the stores and
all related documents and records, transport the equipment to site for erection purpose.
Necessary security arrangements also shall be made by the Contractor. Area required
for construction of stores and construction site office, labour colony, etc. shall be made
available by the Contractor.
2.3.3.4. The Contractor shall unpack and do visual checking against physical damages to the
equipment/cases, clean equipment before start of erection. Damage/ shortage, if any,
will be reported to the Purchaser and shall be rectified/replaced expeditiously, so as not
to upset the erection and commissioning schedule. Delay on account of settlement of
insurance claims by the Contractor shall not be considered as an excuse for delay in
completion of erection and commissioning.
2.3.3.5. The Contractor shall erect and maintain his own site offices and stores, as required for
the work and arrange for proper housekeeping and up-keep of the area.
2.3.3.6. The Contractor shall provide sufficient fencing/barricade, notice boards, signage and
lighting to protect and warn others as may be considered necessary by the Purchaser.
All materials used for providing these facilities shall be the property of the Contractor.
2.3.3.7. The Contractor shall mobilize adequate material handling equipment such as mobile
cranes, forklifts, trailers, dozers, winches etc. in addition to other erection tools &
consumables keeping in view the erection schedule. The Contractor shall provide
within two weeks from the date of Letter of Award, his scheme for mobilization with

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Bar Chart indicating clearly the resources, manpower and machinery proposed to be
deployed to ensure timely completion of work and quality of workmanship.
2.3.3.8. Underground services, if any to be diverted / protected shall be the responsibility of the
Contractor and shall be informed to the Purchaser. Approval from authorities required
for such works shall be obtained by the Contractor. The compensation / statutory
payments if any for such works shall be borne by the Contractor.
2.3.3.9. The Contractor shall organize the work in such a manner that work being carried out
simultaneously at site is not impeded and the workmen not endangered and shall
arrange all temporary access as required for the erection work.
2.3.3.10. The Contractor shall carry out base/primer and final painting of all Plant & Equipment,
Structures, Pipelines, etc. supplied. The painting including its process shall be carried
out as specified in the detailed technical specification. Where not specified, the same
shall be as per the standard codes & practices normally applicable and adopted
internationally for the type of Plant & Equipment offered.
2.3.3.11. Grouting of the equipment and steel structures on the foundations with approved non-
shrink-grouting compound shall be the responsibility of the Contractor. The grouting
materials shall be supplied by the Contractor.
2.3.3.12. All safety, health and pollution control measures as required to be adopted as per the
statutory regulations and the safety codes for projects issued along with the tender or
otherwise required or implied by local statutory regulations or practices shall be strictly
followed by the Contractor during the entire duration of execution of the Contract. The
Contractor shall set up a suitable safety organization of its own at site, in this regard.
2.3.3.13. The Contractor shall not dispose of, transport or withdraw any tools, tackles,
equipment, and material provided by him for the "contract" without taking prior written
approval from the Purchaser.
2.3.4. Demonstration of Performance Guarantee (PG) Test:
The Contractor shall undertake Performance Guarantee (PG) Test and achieve the rated
power generation and net energy export in a sustained manner and also the other
parameters as in Technical specification. In case the Contractor fails to demonstrate and
prove the Performance Guarantees and achieve the results as agreed in this Contract,
the Contractor shall rectify the Plant and Equipment and demonstrate the performance
guarantees failing which the Purchaser’s option of either to reject the equipment or to
levy Compensation will be exercised..
2.3.5. Construction Power:
The Contractor needs to arrange the Construction Power Supply at the project location
for construction purpose. Control, protection, distribution inside the solar power plant
area shall be made by the Contractor at his own cost.
2.3.6. Water during Construction & O&M:
Water supply need to be arranged by the Contractor at his own cost during construction
period. Details of the provision of water during O&M period of Solar Power Plant shall
furnished through corrigendum. The Contractor shall arrange for Metering, storage

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sumps, pumps and distribution piping to various locations within the solar power plant.
Water charges will be recovered based on actual usage during O&M phase if Applicable.
As per Solar Power Park Developer (SPPD), the quantum of water required to wash a
module is 2.5 litres per Module surface per washing with total 10 washings in a year. For
drinking water, sanitations etc, the quantum of water required are considered at the
standard norms of 70 liters per person per day. Details of supply of water by SPPD will
be furnished through corrigendum.

2.3.7. Codes and Standards

All works to be executed and/or engineering services and technical services to be
rendered under this Contract, shall be completed in the manner set out in this Contract
and in accordance with the specified codes, Standards and best trade/ engineering
practices. Wherever the codes are not mentioned or in case of code discrepancies,
relevant Indian Standards / International Standards approved by Purchaser shall be
followed.
2.3.8. Total Responsibility
The Contractor shall be solely responsible for the entire supplies, engineering services
and technical services, irrespective of whether supplies and services have been made/
rendered by him directly or by his Sub-Contractor.
2.3.9. Local Conditions
Minimum wages for contract labour shall be paid as applicable in that region from time
to time. Claims and objections due to ignorance of site conditions will not be
considered after submission of Bid.
2.3.10. General
2.3.10.1. The Contractor is required to carefully examine the Technical & General Specification,
Terms and Conditions of Draft Contract, drawings and other details relating to work as
given in the Tender Document and fully acquaint himself as to all conditions and
matters which may in any way affect the work or the cost thereof. The Contractor shall
be deemed to have on his own and independently obtained all necessary information for
the purpose of preparing the Bid and his bid as accepted shall be deemed to have
considered all contingencies as may arise due to such information or lack of the same.
2.3.10.2. The Contractor shall be deemed to have exhaustively examined the Tender documents
including the Draft Contract, to have obtained all information and clarifications on all
matters whatsoever that might affect the carrying out of the work and to have satisfied
himself as to the adequacy of his Bid. He is deemed to have known the scope, nature
and magnitude of the work and the requirements of materials and labour involved etc.
and as to all work he has to complete in accordance with the Contract whatever be the
defects, omissions or errors that may be found in the Tender/Bid Documents.
2.3.10.3. The Contractor shall be deemed to have acquainted himself with the Indian Income Tax
Act, 1961, Indian Companies Act, 1956, Indian Customs Act, 1962, Indian Electrical
Act, State Electricity rules and regulations & State Renewable Energy rules and

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regulations of State Government, Factories Act, Pollution Control Regulation and other
related Acts & Laws prevalent in India and as amended from time to time. The
Purchaser shall not entertain any request for clarifications from the Contractors
regarding such local conditions.
2.3.10.4. Any neglect or omission or failure on the part of the Contractor in obtaining necessary
and reliable information as stated above or on any other matter affecting the Contractor
shall not relieve him from any risks or liabilities or the entire responsibility of
completion of the work in accordance with the Contract.
2.3.10.5. The Contractor shall make all efforts to maximise the supplies and services from Indian
Sources.

2.3.11. Surplus materials and Scrap

2.3.11.1. Surplus materials/ defective materials available after commissioning of the project shall
be taken back free of cost by the Contractor with prior approval of the Purchaser. The
cost of removal shall be borne by the Contractor.
2.3.11.2. Contractor shall take back all crates, packing cases, all packing materials including
steel packing materials and other scrap materials then and there to keep the site free
from scraps.
2.3.11.3. No imported material shall be allowed to be taken out other than imported tools and
tackles and instruments brought by the Contractor on draw back basis, provided he has
carried out necessary documentation at the time of bringing such items inside the Plant.
*****

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SECTION-3

3. CONTRACT PRICE
1. The total lumpsum prices quoted by the Contractor in his bid with additions and
deletions as may be agreed to before award of Letter of Award/ Contract, for the entire
scope of work, viz., design, manufacture, supply, transportation, insurance, storage,
erection, commissioning and testing of the equipment etc. covered by detailed scope of
work of contract and in accordance with all terms, conditions, stipulations,
specifications, requirements and other conditions of the Contract and incorporated in
the Price Schedule and documents shall be treated as the Contract Price.
2. The Contract Price shall be paid in Indian currency only. The contract price (inclusive
of GST) shall be firm till completion of contract period.
3. The Contract Price shall be deemed inter-alia to include and cover the cost of
deployment of construction equipment, temporary works, establishment of labour
camp, all materials and supplies, labour, insurance, fuel, stores, appliances, security
arrangements, safety and fire-fighting arrangements (including those required during
construction, storage and erection) to be supplied/used by the Contractor and all such
other materials and services and actions that may be necessary or derived or statutorily
required in connection with the execution of the works as per the Contract or any
portion thereof complete in every respect and maintained as detailed in the contract
documents or as may be required in terms of the Contract.
4. The Contract Price shall be deemed to include and cover the cost of all royalty and
fees for all articles, and processes, protected by letters patent or otherwise incorporated
in or used in connection with the work, also all royalties, rents and other payments in
connection with obtaining all materials for the work and the Contractor shall
indemnify and keep indemnified the Purchaser, which indemnity, the Contractor
hereby gives against all actions, proceedings, claims, damages, costs and expenses
arising from the incorporation in or use of work of any such articles, processes or
supplies.
3.1 Contract Price Break-up

i) The Contract Price indicated in the Price Schedule shall be for the scope of work and
services detailed under scope covered under technical specification and for all the
contractual obligations of the Contractor if any, under the Contract.
(After issue of Letter of Award, the agreed Contract Price as per Schedule of
Prices F-1 will be detailed here while signing the Contract with the successful
bidder.)
ii) The Contractor shall furnish the detailed billing break-up for each item for the approval
of Purchaser, which after the approval only, will be the basis for submission of invoices
for progress of payments.

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3.2 Price Basis

i) In respect of equipment and steel structures, and other supplies supplied by the
Contractor from Indian sources, the prices mentioned hereinabove are for delivery on
F.O.R. at Site.
ii) The Contract price stated above shall include supply of instruments, appliances for
erection, operation and maintenance, consumables including oils, lubricants till the
completion of Performance Guarantee Tests.
iii) The Contract price shall include the cost of all foundation bolts, anchoring parts, floor
plates, hand railings, cross overs, safety guards etc.
iv) The Contract price shall also include cost of painting, packing, forwarding, loading,
freight, insurance, unloading, handling, clearing, port charges, storing, conservation
and re-conservation, fees and all expenses in connection with the execution of the
Contract.
v) The Contract Price indicated above shall be inclusive of mandatory spares for
operations & maintenance, Tools & Tackles, instruments, appliances for erection,
operation and maintenance, consumables including oils, lubricants till the completion
of Performance Guarantee Tests.
vi) The Contract price indicated above shall be inclusive of all taxes and duties as
indicated in Section-5 hereto.
3.3 Firm Price
The prices for supply, services, civil works, mandatory spares, tools and tackles, O&M
charges etc. shall be firm and shall not be subject to any escalation whatsoever.
Contract shall be awarded to the successful bidder as ‘Single Contract or Separate
Contracts for Supplies, Services, Maintenance during warranty period etc. with suitable
interlinking clauses. However, the Separate Contracts shall have necessary provisions to
take care of Single Bidder responsibility, Price Reduction, Purchaser’s right to recover
dues including price reduction from payment due under any of the contracts, warranty and
Performance Guarantee etc., any liabilities arising out of such Separate Contracts shall be
borne by the bidder/Contractors. Separate contracts will be entered in to for three years
Operation and Maintenance. The contract price for O&M shall be firm till completion of
the contract period’.

*****

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SECTION-4
TIME SCHEDULE (Firm and Binding)
4. TIME SCHEDULE

Time schedule for design and engineering including submission of drawings and
documents, delivery of plant and equipment and spares, delivery of steel structures, civil
work, erection, start up, testing, commissioning shall be as per Clause 4.1 and shall be
binding on the Contractor.

The basic considerations and the essence of the `Contract’ shall be the strict adherence to
the time schedule for performing the works in the contract.

The time and the date of completion of the project activities as stipulated in the Time
Schedule of Tender specification and accepted by the Purchaser shall be deemed to be the
essence of the Contract. The Contractor shall so organise his resources and perform this
work as to complete it not later than the date agreed to. The time to complete the `Works’
contracted for, shall be reckoned from the date of “Letter of Award”.

4.1. Completion Time:

a. The time schedule for Commercial Operation Date (COD) of both the blocks shall be
considered as 12 months from the date of LOA. If single bidder awarded both the
blocks, the time schedule shall remain same as 12 months for the both the blocks (Block
1 - 410MW & Block 2 - 400MW).
b. One-year warranty period from Commercial Operation Date (COD) of each block of the
project (Block 1 - 410MW & Block 2 - 400MW).

4.2. Time Schedule for Feed Back Data, Drawings and Documents
4.2.1. The Contractor shall submit the various drawings and documents listed in Technical
Specification. The number of copies is indicative only. Additional copies, if any, required
by Purchaser shall be furnished by the Contractor, without any extra cost. The Contractor
shall supply all drawings/documents and will be the property of Purchaser. In addition to
hard copies, soft copy of all drawing/ documents shall be uploaded by the Contractor in
NLCIL’s/NIRL portal, details of which will be furnished after issue of LOA.
Within 15 days from the date of Letter of Award, the Contractor shall submit to the
Purchaser the list of all drawings and documents by title, using the approved numbering
system and indicating the schedule of submission of drawings in conformity with the time
schedule.
4.2.2. All the drawings and documents shall be prepared in accordance with contractual
requirements and also as per the best engineering practices. Approval in respect of
drawings shall be accorded by the Purchaser within two weeks of receipt of the same. In
case drawing is not complete and/or is not approved, the comments shall be furnished to
the Contractor within two weeks of receipt of drawing in hard copy. Any submission with
gross omissions and/or errors will not be considered as a valid submission. If any

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document/drawing were commented by Purchaser, the Contractor has to incorporate the

comments and resubmit the document within one week for approval by the Purchaser. This
review and / or approval of the drawings by the Purchaser will not relieve the Contractor of
any of his responsibilities under this contract.
i) The Contractor shall submit the various drawings and documents as per technical
Volume of tender document. The number of copies is indicative only. Additional
copies, if any required by Purchaser shall be furnished by the Contractor, without any
extra cost. The Contractor shall supply all drawings/documents, which will be the
property of Purchaser.
ii) The process flow sheets, materials balance sheet utilities balance sheet, energy
balance sheet, single line electrical diagram, electrical equipment arrangement plans,
process C&I diagrams, automation diagrams, general layout of the works within the
battery limits, shop layouts equipment arrangement drawings, structural design
drawings and other basic design drawings documentation as indicated in above point
no.(i), shall be submitted by the Contractor, for approval by the Purchaser/Consultant,
as per approved schedule.
Approval, or comments (if drawings/documents are incomplete or not approved) in
respect of drawings/documents, shall be accorded by the Purchaser within 7 (Seven)
working days of receipt of the same. Any submission with gross omissions and/or
errors will not be considered as a valid submission. If any document/drawing is
commented by Purchaser, the Contractor shall incorporate all comments and resubmit
the drawing/document within 7 (Seven) working days, clearly marking such
changes/revision.
4.2.3. The sequence of submission of feedback data, delivery of structural, mechanical equipment
and electrical equipment, instrumentation, submission of erection instruction and erection
drawings and other supplies and services by the Contractor shall be as per the approved (by
Purchaser/Consultant) Level -1 (L-1) PERT network schedule.
4.3. PERT NETWORK
4.3.1. Level-I PERT network of the project (submitted along with the bid) shall be resubmitted
by the Contractor and finalized within two weeks from the date of Letter of Award.
4.3.2. Detailed Level-2 PERT network of all systems/sub systems/ discipline/ equipment etc.
incorporating activity-wise quantity shall be submitted and finalized within one month
from the date of Letter of Award. These-detailed networks shall be prepared based on the
milestones reflected in Level-I network, which shall be the basis for performance of the
Contract. The list of activities that shall appear in the PERT Network is as follows:

Period in Months
S. No Activities/Milestone from LOA
Start Finish
1 Engineering for the Project
Submission of Master Drawing List from the date of
0 15 days
LOA

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Period in Months
S. No Activities/Milestone from LOA
Start Finish
Submission, Review, and approval of drawings. 15 days 3
2 Supplies
Supply of Structure and DC cables. 3 5
Supply of Balance of System. 5 7
Supplies of PCSS & MCR. 3 5
3 Civil Works
Site Preparation Works. 1 9
MMS, PCSS and Main Control Room. 4 6
Approach Road, drainage system & internal roads. 1 3
4 Erection & Installation Works
Erection and Installation of Electrical & Associated
7 10
Equipment’s.
Testing of Equipment and Readiness of SCADA. 9 10
5 Evacuation Works
Erection, Testing and Commissioning of 600MW
SPP up to point of connection (33KV Side of 7 10
33/400KV Solar Park PSS).
6 Commissioning Activities
CEA inspection and Commissioning of Solar PV
10 11
Plant.
Commercial Operation as per GEDA/ DISCOM/
GETCO/CTU Commissioning Committee of Solar 10 11
PV Plant.
Completion of SCOD 11 12
Warranty Period (PG test should be completed within
7 13 24
Warranty period i.e., 12 months)
For 3
8 O&M Start time (After completion of SCOD) 25
Years

Note: The L-1 PERT to be submitted by the bidder and finalized with the successful
bidder will be annexed to at the end of this schedule to the contract document. (Approved
L-1 PERT to be attached at the end of this Section).
4.3.3. The Contractor shall submit detailed construction resource planning along with Level-2
networks.
4.3.4. The Contractor shall submit estimates of quantities/volume of work sub-system wise,
discipline wise, list and weights of equipment mechanical/electrical/ instrumentation etc.
during execution stage as per requirement.

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4.3.5. All PERT Network shall be furnished in MS Projects both in Hard copies and Soft copies.
4.3.6. Detailed assignment schedules of foreign specialists Experts for rendering technical
services shall be submitted by the Contractor for the approval of the Purchaser within one
month from the date of Letter of Award. The bio-data of key personnel shall be submitted
within one month of the date of Letter of Award (LOA) and for others two months before
their deputation.
4.3.7. Drawings of equipment shall be supplied at least one month before the shipment of the
equipment.
4.3.8. All “as built drawings” shall be submitted by the Contractor before Final Take Over.
4.3.9. Erection Instructions for the Plant and Equipment shall be submitted by the Contractor at
least one month before the shipment of the respective Plant & Equipment.
4.3.10. The delivery of equipment shall be deemed to be completed when all equipment and
drawings/documentations have been supplied by the Contractor. Spares shall be delivered
along with the last consignment of the respective equipment. The Spares shall be
maintained at stores after SCOD.
4.3.11. Erection of the system / equipment shall be deemed to be completed when all equipment
for the normal functioning of the plant / system are erected at site.
4.3.12. Completion of successful commissioning of the system/ equipment shall be deemed to
have taken place when the system/ equipment has been successfully commissioned as per
relevant Clauses of Section-10 of this volume and as per Technical specification.
4.3.13. Demonstration of performance guarantee tests shall be deemed to have completed when
the Contractor has demonstrated as per Technical Specification.
4.3.14. The Contractor shall render timely and adequate technical services through his Specialists
to ensure completion of civil work, erection, commissioning and demonstration of
performance guarantee tests as per relevant Clauses of Section -10.
4.3.15. The Contractor shall prepare and submit in a time bound manner necessary drawing of
proper standard with best engineering practices. The Contractor shall be responsible for
obtaining timely approval of the drawings from the Purchaser to ensure completion of
work within the time schedule. Any delay due to incomplete submission and consequent
delay in approval shall be to the account of the Contractor. The Contractor shall not claim
any time extension on this ground.
4.3.16. The Contractor shall ensure to send all letters with authentication through E-mail and a
confirmation copy of the same through courier/Speed Post. All drawings and documents
shall be sent through Courier/ Speed Post.
4.4. DELIVERY OF EQUIPMENT, Wig’s SUBSTATION EQUIPMENTS ETC.
The delivery periods shall be reckoned from the date of Letter of Award.
4.4.1. The delivery of imported equipment and components including the foundation bolts and
inserts in respect of the plant and equipment shall be completed as given in the Overall
time schedule.
4.4.2. Delivery of all indigenous equipment, steel structures including foundation bolts and
inserts shall be completed on F.O.R. site basis as given in the Overall Time schedule.

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4.4.3. Delivery of all supplies shall be made strictly in sequence of erection at site unless
otherwise differently agreed to by Purchaser.
4.5. MAINTAINING SPARES
The required spares shall be maintained and shall be dispatched along with the last
consignment of the respective equipment. The required Spares shall be maintained by the
Contractor at the stores after the Final Takeover.
4.6. DELIVERY OF ENGINEERING SERVICES
The delivery of the engineering services, drawings and documents will be completed as
per the time schedule mentioned herein before and will be delivered to the Purchaser.
4.7. RESPECT FOR TIME SCHEDULE AND PRICE REDUCTION FOR NON –
FULFILLMENT OF TIME SCHEDULE:
a) The time schedule stipulated in the Contract shall be adhered to on the clear
understanding that the Contract Price has been fixed with reference to the said Time
Schedule.
b) If any delay is anticipated by the Contractor beyond the stipulated time schedule, the
Contractor shall forthwith inform PURCHASER in writing of such anticipated delay and
of the steps being taken by the Contractor to remove or reduce the anticipated delay, and
shall promptly keep PURCHASER informed of all subsequent developments.
4.7.1. PRICE REDUCTION CLAUSE (PRC) FOR DELAY:
The time stipulated in the Contract shall be deemed to be the essence of the Contract. In
case the Contractor fails to adhere to the time specified in the Contract Clause 4.1, then
Price reduction will be levied by the Purchaser as follows.
“In case the CONTRACTOR fails to complete the Works within the stipulated period,
then, unless such failure is due to Force Majeure or due to PURCHASER’S defaults, the
Total Contract price shall be reduced by ½% (Half percent) of the Total Contract
Price excluding O&M price per week of delay or part thereof on pro rata basis of the non-
commissioned capacity subject to a maximum of 5% of the Total Contract Price excluding
O&M price by way of reduction in price for delay and not as penalty.”
4.7.2. PRICE REDUCTION CLAUSE:
1. In case of delay on the part of CONTRACTOR, the invoice value shall be reduced
proportionately for the delay and payment shall be released accordingly. In the event
the invoice value is not reduced proportionately for the delay, the Purchaser may,
without prejudice to any method of recovery, deduct the amount for such Price
reduction from any amount due or which becomes due to the Contractor either under
this or any other Contract or by recovery from the Contract Performance Guarantee.
Effecting of Price reduction shall in no way relieve the Contractor from its contractual
obligations to complete the works or from any of the obligations under the contract.
Any delay in effecting Price reduction shall not constitute waiver of the right of the
Purchaser under the contract towards Price reduction.

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2. Both CONTRACTOR and PURCHASER agree that this is a genuine pre-estimate of

the loss/damage which the PURCHASER would have suffered on account of
delay/breach on the part of the CONTRACTOR and the said amount shall be payable
by the CONTRACTOR by reduction in Invoice value or said amount shall be adjusted
from the amount payable to the CONTRACTOR or by recovery from the Contract
Performance Guarantee, without there being any proof of the actual loss/or damages
having been caused by such delay/breach.
3. The decision of the PURCHASER with respect to applicability of price reduction shall
be final and binding.
4. The Price Reduction will be calculated on the basis of total Value of Contract
excluding taxes and duties where such taxes and duties have been shown separately in
the Contract.
5. In case of delay in execution of contract, contractor will raise invoice for reduced
value as per Price Reduction Clause. If Contractor has raised the invoice for full value,
then Contractor will issue Credit Note towards the applicable Price Reduction amount.
6. In case, Contractor fails to submit the invoice for reduced value or does not issue
credit note as mentioned above, Purchaser will release the payment to contractor after
effecting the Price Reduction.
7. In the event any financial implication arises on PURCHASER due to issuance of
invoice without reduction in price or non-issuance of Credit Note, the same shall be to
the account of CONTRACTOR.
8. Price Reduction (PR) for delay shall be effected when the scheduled date of
completion of the activity as specified in Clause No. 4.1 is not achieved.
9. If the reason for the delay is solely attributable to the Purchaser and/or Force Majeure,
adequate time extension shall be given to the Contractor to that extent of delay without
Price reduction.
10. If the reason for the delay is purely attributable to the Contractor, PR will be effected
and extension of time may be granted.
11. The Purchaser, for this clause, shall include Purchaser and other entities/ agencies
engaged by the Purchaser for fulfilling its obligations for this project.

4.8. Compensation for shortfall in generation during O&M Period:

The average discovered Tariff is Rs. 2.64 for every unit (kWh) in the LOI issued to
NLCIL/NIRL by RVUNL. Accordingly, Tariff of Rs. 2.64 for every unit (kWh) shall be
considered for calculation of shortfall in generation during O&M Period on yearly basis.

Note: Compensation against shortfall during O&M period shall be subject to the
Maximum of 5% of Guaranteed revenue during 1st year of O&M for each year.

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4.9 Total Liability for shortfall delay & shortfall in performance Guarantee (PG) values:
The amount of Rs 31.64/kwh for every unit of shortfall in energy generation during PG Test
will be deducted.

Note:The maximum Compensation against shortfall in generation during PG test is limited to

15% of the Contract Price excluding O&M Contract.

4.10 Compensation for overstay - shall not be applicable.

4.11 Implementation Strategy:
4.11.1 Time Schedule

The heads to be covered in the L1 PERT network schedules broadly are:

Submission of basic engineering and approval, issue of ordering specifications, placement
of orders of equipment, submission and approval of drawings for Mechanical/
Electrical/Instrumentation equipment, etc. manufacture and supply of equipment, civil and
structural works, submission of erection drawings and manuals, erection of
mechanical/electrical equipment, testing and trial power export and SCOD etc. The major
milestones for the principal items are to be highlighted in the schedule.
4.11.2 The Contractor shall submit:
4.11.2.1 Level- 2 PERT network schedule (with activity duration generally not exceeding
one month) including details of pre-construction activities and execution work. L-2
PERT network shall be finalised and submitted to the Purchaser/Consultant within one
month from the date of LOA.
4.11.2.2 Estimates of quantities/volume of work and other details such as list of
specifications, list of drawings, quantum of work discipline wise, list of equipment
(mechanical/ electrical/instrumentation) etc. within one month from the date of LOA.
4.11.2.3 Updated L-2 networks [Tracking Gantt] along with progress reports (formats to be
mutually finalized) shall be furnished as and when required.
4.12 Construction/Erection Plan
4.12.1 General
The Contractor shall submit a write-up for construction/erection plan for the plant &
equipment under his scope of supply. The plan will indicate a broad outline:
i. The construction/erection techniques to be employed.
ii. Resource planning for deployment of construction / erection of equipment/
machineries.
iii. List of various construction equipment such as cranes, dumpers, etc. planned to be
mobilized with quantity & rated capacity/specification.
iv. List of machinery, tools, and tackles such as welding transformers, welding
generators/sets, gas cutting sets, drilling machines, chain pulley blocks, survey
instruments, etc. and indicate specification and quantity of each item.

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4.12.2 Deployment of Manpower

The Contractor shall submit a list showing deployment of manpower of the following
categories indicating number of personnel, schedule and duration of their posting at site,
educational background, and experience.
i) Engineers to be engaged for design and engineering coordination, follow up and
expediting.
ii) Engineers and supervisors are to be directly attached to site work i.e., civil
construction (as applicable), erection, testing, commissioning and demonstration of
performance guarantee Test.
iii) Engineers / Supervisors for O&M services upto the date of completion of O&M
period.
iv) Organization (proposed) for implementation of the package.
4.13 Progress Monitoring
4.13.1 It is proposed to have an effective system of progress monitoring to ensure timely
completion of all project activities. The guidelines laid down herein shall ensure progress
monitoring by the Purchaser.
4.13.2 The intention is to dwell upon the progress of the activities related to Engineering
Procurement, Manufacturing, Dispatch, Site activity and PG Test.
4.13.3 In the interest of the timely completion of the project, the area of monitoring can be
altered in consultation by the Purchaser with the Contractor. The Contractor shall furnish
adequate information in the monthly progress reports on the formats to be mutually agreed
upon.
4.13.4 The Purchaser will invite the Contractor for monthly/fortnightly meetings to review the
progress of each activity and depute Purchaser’s authorized representatives for
ascertaining/ expediting progress at Contractor’s works and suggest remedial actions to
bridge-up time gap if any between planned progress and observed progress.
4.13.5 Progress Report
Project Progress Reports shall be submitted by the Contractor as follows:
a) A monthly progress report with exception report showing current status of various
activities including status of ordered/yet to be ordered items shall be submitted to the
Purchaser by the Contractor, referring to the schedule of order, reasons for not
achieving it and remedial measures / Catch-up plans proposed.
b) The Contractor shall submit Programme of execution both in the form of activities in
‘PERT Network’ as well as quantitative Programme in terms of month wise physical
targets for various disciplines of work.
c) The Contractor shall submit computerized updated time analysis reports every month
along with progress report. The updated PERT network drawing (both Level I and
Level II) are to be submitted in requisite no. of copies at least once in every month.
The format of the submission is to be mutually discussed and agreed.

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d) The monthly progress report shall indicate progress of activities against targeted dates
and targeted quantities in Proforma as per the requirement of the Contract for
maintaining consistency of reporting and for maintaining database by the Purchaser.
Reasons for shortfalls, if any, shall be clearly brought out and proposed remedial
measures to arrest the delays shall be indicated by the Contractor in the progress
report, wherever applicable.
e) Quantitative programme which is termed as “Work Plan” shall be updated regularly at
a mutually agreed interval of time and Principal Contractor shall submit the same for
Purchaser’s approval keeping in view the balance time available to execute the balance
of activities. Once if approved, subsequent progress report shall indicate the revised
targets.
f) The Contractor shall furnish information on site activities viz. daily progress report,
weekly receipt of equipment, monthly erection plan, etc. The Contractor has also to
indicate resource deployment at site, highlights of critical areas and constraints in the
daily progress report once in a week.
g) Other information related to site activities as may be required by the Purchaser, shall
also be submitted by the Contractor.
h) The Contractor shall submit progress photographs in through official E-mail every
month relating to the progress in sequence of work of all major site activities. The
Purchaser will arrange necessary permission for the same.
i) The progress report will also highlight inspection status. The Contractor shall submit
one copy of the inspection certificate duly signed by representatives/authorized
agencies after inspection.
4.14 Overall Time Schedule
Time Schedule (L-1 PERT network) furnished by the Contractor will form part of the
Contract.
(Approved L-1 PERT to be attached at the end of this Section)
4.15 Extension of Time
4.15.1 The Contractor shall not be allowed for any extension of time for completion except in the
following cases:
i) Force Majeure – As per details stated in the Contract.
ii) Major changes or substantial addition to work ordered by the Purchaser adversely
affecting the completion time.
iii) Any other circumstance of any kind whatsoever which may occur making the
Contractor entitled to an extension of time which, however, shall be in the absolute
discretion of the Purchaser.
4.15.2 The Contractor, upon the happening of any such event as stated above shall immediately
inform the Purchaser but nevertheless use constantly his best endeavours to prevent or
make good the delay and shall do all that may be reasonably required to the satisfaction of
the Purchaser to proceed with the work.

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4.15.3 Request for extension of time shall be submitted by the Contractor in writing and the
Purchaser, based on the merit, shall consider the request and convey his decision to the
Contractor in writing within a reasonable time.
4.15.4 The Contractor shall not be eligible for any extension of time on account of any delay in
procurement of materials.
4.15.5 Joint Monitoring Group: Joint Monitoring Group comprising representatives of Purchaser
as well as the Contractors as Members for this Contract shall be constituted to deliberate
all issues affecting execution of the Contract periodically and a Record Note of Discussion
shall be signed by the parties.
********

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SECTION-5

TAXES AND DUTIES

5.1. General
5.1.1. All other taxes, duties or other charges, except those specifically mentioned in the
Contract, legally levied on the CONTRACTOR in connection with the contract work,
shall be borne and paid by the CONTRACTOR.
5.1.2. All bank charges in connection with payment to be made to the Contractor. In connection
with Bank Guarantee (BG), all bank charges shall be borne and paid by the Contractor.
5.1.3. The Contractor shall comply with all the necessary tax related statutory compliances
including but not limited to providing GST invoices or other documentation as per GST
law relating to the Supply of Goods and Services or both to the Purchaser, uploading, the
details of the invoice, payment of taxes, timely filing of valid statutory returns for the tax
period on the Goods and Service Tax Portal.
5.1.4. In case any demand is recovered from Purchaser on account of any act of the Contractor,
including but not limited to non-payment of GST charged and recovered, non-filing of
Returns, non-uploading of valid invoices raised on Purchaser in the Returns etc. the
Contractor shall indemnify the Purchaser in respect of all claims of tax, penalty and/or
interest, loss, damages, costs, expenses and liability that may arise due to such non-
compliance.
5.2. Goods and Service Tax
5.2.1. The Supplier / Contractor has to provide a copy of the GST Registration Certificate and
also mention their GST Registration No. and Date in each of their invoices / bills without
fail. No invoice or bill will be paid unless the GST Registration No. is mentioned therein.
5.2.2. While claiming the GST payment, the Contractor should furnish the requisite details in the
invoice as per statutory requirements.
5.2.3. GST wherever applicable, shall be paid restricting to ceiling indicated in the schedule of
prices. GST will also be paid for the items that are directly consigned to site by the
approved sub suppliers/sub vendors/Associate.
5.2.4. The ownership of all materials to be supplied by Contractor, dispatched directly from sub
supplier's/sub-contractor's works to the project site, shall rest with NLCIL/NIRL on
endorsement of dispatch document while the materials are in transit. Sales-in-transit is
acceptable by the Purchaser.
5.2.5. Details of item tariff no. with break up values for dispatches from Tamil Nadu, and other
States attracting IGST, CGST & SGST shall be indicated separately in the Billing
Schedule with rate of GST in percentage and total amount of GST.
5.2.6. The billing schedule should contain details of tariff head, tariff rate and amount in respect
of GST. The respective total amount shall tally with the respective ceiling quoted for the
GST. Payment for GST shall be paid based on the value mentioned in the billing schedule.
Statutory variations during contractual delivery period shall also be payable only for those
items for which basic GST has been indicated in the billing schedule.

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5.2.7. Final claim will be settled only after certification by practicing firm of Chartered
Accountants that all benefits out of GST availed by the Contractor have been passed on to
the Purchaser.
5.2.8. The Contractor shall comply with the Anti-profiteering measures at all times as prescribed
under Sec 171 of CGST Act, 2017 and corresponding provisions of SGST / UTGST Act,
2017 and Anti-profiteering rules released there under.
5.2.9. The Contract Price is inclusive of all applicable GST, levies and duties. The ceiling for
Taxes & Duties shall correspond to the Base Price. Additional liabilities of Taxes &
Duties shall be paid over and above the respective ceiling amounts quoted in the Price
Bid. Obligations of the Purchaser/Contractor towards payment of statutory variations in
taxes and duties are as follows:
5.2.9.1.In respect of items directly consigned to Site by approved sub suppliers/ sub
vendors/Associate the GST and statutory variation on GST after the base date shall be
payable within contractual delivery period.
5.2.9.2.Additional amount of GST arising out of statutory variations within the contractual
delivery period after the base date will be made by the Purchaser. Such payment shall be
restricted only to finished goods supplied by the Contractor and its sub suppliers/ sub
vendors/Associate directly to the Purchaser.
5.2.9.3.Statutory variations due to imposition of new taxes, duties and levies or
increase/reduction/withdrawal of existing GST, duties and levies by the Central or State
Government as may be applicable on the supply of plant & equipment, erection, etc. shall
be to Purchaser's account to the extent applicable as direct liability of the Contractor in
execution of this contract with the Purchaser. In the case of any upward revision the same
shall be paid by the Purchaser and in the case of any downward revision the same shall be
passed on to the Purchaser in full. However, the same will be limited within the
contractual delivery period.
5.2.9.4.If contractual delivery period is extended for reasons not directly attributable to the
Contractor, variations in taxes & duties, if any, shall be paid.
5.2.9.5.The Contractor shall bear and pay all liabilities in respect of: (a) non-observance of all
legal formalities as per various statutory provisions and (b) statutory variations in all
taxes, duties and levies and imposition of new taxes, duties and levies that may be
imposed after the contractual delivery period, in case the contractual delivery period is
extended due to reasons attributable to the Contractor.
5.3. Tax Deduction at Source (TDS) towards Income Tax/Other Taxes
Deduction of Tax at source at prevailing rate shall be effected by the Purchaser before
payment as a statutory obligation wherever applicable.
TDS on Income Tax, GST (CGST, SGST & IGST) and all other taxes as applicable as per
statutory obligations/ enactments shall be progressively deducted from the payments
released to Contractor, by the Purchaser, for depositing with the Income tax, GST and
other Tax authorities as per Income Tax Act, GST Act, etc., as applicable.

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5.4. Personal Income Tax and Cess:

Income Tax and Cess, if any payable by the Contractor's / Sub-Contractor's employees
shall be paid by the said employees directly and the purchaser shall not be liable to pay the
Income Tax and Cess payable by the employees of the Contractor/ Sub-Contractor and the
purchaser is not responsible for filing the tax return of the Contractor's employees/experts.
The Purchaser is not responsible for any tax arrears of Contractors employees who have
been associating their service, towards this scope of work on any circumstances whether
they are in service or otherwise.
5.5 Building & Other Construction Workers’ Welfare (BOCW) Cess, if applicable:
BOCW will be the responsibility of the Contractor wherever applicable. The Contractor
has to submit challans as a proof deposit, if not, NLCIL/NIRL reserves all the rights to
deduct the same from the running bills of the Contractor.
BOCW Cess is not applicable for the supply portion (Plant & Equipment) of the
Contract.
The contract price is inclusive of all applicable taxes, levies, duties and BOCW Cess.
5.6 Royalty:
5.6.1 Royalty for Excavation:
The contract price is inclusive of all applicable taxes, levies and duties excluding Royalty
for excavation, if any. The Bidder need not quote for Royalty for excavation which will be
reimbursed by NLCIL/NIRL based on documentary evidence submitted by the Contractor
for making such payments as per statutory provisions and this reimbursement shall be over
and above the Contract Price. However, if there is a demand by statutory bodies at a later
date from the Contractor for payment of royalty for Excavation, the same will be
reimbursed to the Contractor at actual against submission of documentary evidence and
any penalty levied by the Statutory bodies in this regard will be to Contractor’s account.
5.6.2 Royalty for Construction materials:
Royalties for construction materials where applicable shall be deducted by the Purchaser
from Contractor's bills progressively for depositing with the concerned State Government
authorities, unless receipt, in support of payment made to the concerned State Government
authorities, is provided by the Contractor.
5.7 Billing Schedule
The billing schedule should contain details of tariff head, tariff rate and amount in respect
of all taxes & duties. The respective total amount shall tally with the respective ceiling
quoted for the taxes & duties. Payment for taxes & duties shall be paid based on the value
mentioned in the billing schedule. Statutory variation shall also be payable only for those
item for which basic taxes & duties has been indicated in the billing schedule.

*****

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SECTION-6
PAYMENT TERMS

6. Payment Terms
6.1. General procedure:
The payment to the Contractor for the supply, services & works under the Contract will be
made by the Purchaser as per the guidelines and conditions specified herein. All payments
made during the Contract shall be on account payment only and Purchaser shall have full
rights against the Contractor even though payment has been made and the Contractor shall
not be relieved of his obligations towards the due performance of the Contract. The final
payment will be made on completion of all the works and on fulfillment by the Contractor
of all his liabilities under the Contract to the satisfaction of the Purchaser.

6.1.1 Mode of Payment: All payments shall be made direct to the Contractor by Purchaser
through E-payments. For effecting E-payment, Contractor shall furnish necessary details
to the Purchaser. All bank charges for effecting E-Payment shall be to the account of the
Purchaser.
Payment, will become due and payable by the Purchaser within a reasonable period which
will not exceed one month from the date of receipt of Contractor's bill / invoice / debit
note by the Purchaser provided the documents submitted are complete and correct in all
respects. If it is not payable the invoice will be returned to the Contractor stating the
reasons for rejection within 30 days from the date of receipt by the Purchaser.
6.2. Due dates for Payment:
6.2.1. The Purchaser will make progressive payment as and when the payment is due as per the
terms of payment set forth herein. Payment will become due and payable by the Purchaser
within 30 days from the date of receipt of Contractor's bill/invoice/debit note by the
Purchaser provided the documents submitted are complete and correct in all respects, and
is accompanied with a checklist substantiating the pay ability of the bill/invoice.
6.2.2. The Contractor shall certify the following in all the bills:
"Certified that no payment has been claimed and received before, for the components for
which payment has been claimed in this invoice".
6.2.3. Purchaser reserves the right to deduct any un-payable claims admitted inadvertently from
any amount due to the Contractor.
6.2.4. Notwithstanding any amount becoming due and payable to the Contractor by the
Purchaser, the Contractor shall not be entitled to any interest on delayed / overdue
payments.
6.3. Payment Schedule:
6.3.1. The Contractor shall prepare and submit to the Purchaser for approval, a detailed Billing
Breakup (BBU) of the Contract Price component wise. This Contract Price BBU shall be
interlinked with the agreed detailed PERT Network of the Contractor setting forth his
starting and completion dates for the various key phases of works prepared. Any payment
except the advance payment under the Contract shall be made only after the BBU is

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approved by the Purchaser. The aggregate sum of the BBU shall be equal to the Lumpsum
Contract Price. BBU shall be reviewed, updated and submitted to the Purchaser, by the
Contractor as and when required.
6.3.2. The Contractor shall submit to the Purchaser his Sequential delivery schedule for all the
equipment correlated to the sequence of erection within 1 month from the date of Letter of
Award (LOA). Such schedules shall be in line with the agreed detailed PERT for all
phases of the works of the Contractor. If required such schedules shall be reviewed,
updated and submitted to the Purchaser, by the Contractor as and when required.
6.3.3. Dispatches shall be as per such approved time schedule and payment shall be regulated
accordingly. No early payment shall be made for the 65% (if advance availed) /75 % (if
10% advance not availed) stage payment and subsequent payment further indicated in the
case of early dispatches effected.
6.3.4. All demurrages and wharfage if any arising out of any dispatches shall be to the account
of the Contractor only.
6.4. Advance Payment:
a) The Contractor shall claim mobilization advance within a time period of
• First instalment within 2 months from the date of LOA.
• Second instalment within 3 months from the date of LOA.
along with requisite APGs for the same and compliance of conditions specified in 6.5.1.
Confirmation of BG documents towards APG will be done in SFMS mode which shall
also fall within the above period of time. Any such request for mobilization advance
payment after the time period stipulated as above will not be considered by the
Purchaser.
b) Mobilization advance shall be paid separately for Schedule-1,2,3&4 i.e., site
preparation, Plant & Equipment, Installation Services and Civil & allied Works
respectively.

6.4.1. Except Advance, all other payments shall be made only after signing the contract and shall
be based on approved Billing Break-up details.
6.4.2. The advances stipulated in the payment terms shall be made to the Contractor by the
Purchaser subject to the Contractor providing a bank guarantee for 110% of the
advance amount as per the stipulations and Purchaser’s guarantee. The bank guarantee
shall be valid till the completion of respective scope of work with a grace period of 2
(two) months thereafter. The Bank Guarantee value shall be reduced on the basis of actual
recovery of advances from the bills of respective scope of works on quarterly basis. After
contractual delivery period, if the amount from the running bills is not sufficient to recover
the unadjusted advance, the contractor shall remit the unadjusted advance amount with
interest at SBI MCLR plus 0.5% applicable for one year tenor will be levied by the
purchaser for the un-adjusted advance in the respective scope of work. In case the

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Contractor fails to remit the same, purchaser reserves the right to encash the APGs to that
extent.
6.4.3. Single Bank guarantee against each stage payment of advance instead of multiple BGs for
each stage payment of advance (i.e Advance shall be paid on acceptance of a BG at 110%
of advance claimed instead of multiple bank Guarantees covering 110% Advance
claimed).
6.4.4. The Amount advanced to Contractor shall be adjusted on pro-rata basis while making
progressive payment for supplies /services/ Civil work as the case may be. If Contractor
fails to adhere to the Contractual Delivery period of the Contract, then interest at SBI
MCLR plus 0.5% applicable for one year tenor will be levied by the purchaser for the un-
adjusted advance in the respective scope of work.

6.5. Terms of payment:

The terms of payment for the various price components of the Contract price are detailed
herein:
6.5.1. Terms of Payment for Advance Payment:
If the bidder wishes to claim advance payment for mobilization of work, equipment,
materials etc., then Advance shall be paid limited to a maximum of 10% in the following
manner.
(i) Conditions to be fulfilled for first installment (5%):
(A) For Site Preparation Work
1. Acceptance of Letter of Award (LOA)
2. Submission of an unconditional Advance Payment Bank Guarantee (APG) for 110%
of advance amount in the prescribed form and acceptance of the same by the
Purchaser.
3. Submission of Contract Performance Bank Guarantee (CPG), and acceptance of the
same by the Purchaser.
4. Submission of detailed L-1 PERT chart and acceptance thereof by Purchaser.
(B) For Plant & Equipment
1. Acceptance of Letter of Award (LOA)
2. Submission of an unconditional Advance Payment Bank Guarantee (APG) for 110%
of advance amount in the prescribed form and acceptance of the same by the
Purchaser.
3. Submission of Contract Performance Bank Guarantee (CPG) and acceptance of the
same by the Purchaser.
4. Submission of detailed L-1 PERT chart and acceptance thereof by Purchaser.
(C) For Installation & Commissioning and Civil & Structural Works:
1. Establishment of project Site Office (preparations for mobilization of erection
establishment) and on making ready the storage area for receipt of first consignment
(before dispatch of first instalment) of supply, in addition to fulfilling the conditions
stipulated in Clause 6.5.1 (i) A (1), (3) & (4) and 6.5.1 (i) B (1), (3) & (4)

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2. Submission of an unconditional Advance Payment Bank Guarantee (APG) for 110%

of advance amount in the prescribed form and acceptance of the same by the
Purchaser.
(ii) Conditions to be fulfilled for Second instalment (5%)
(A) for Plant & Equipment, Site Preparation Work, Installation & Commissioning
and Civil & Structural Works:
i. Signing of the Contract Agreement.
ii. Submission of an unconditional Bank Guarantee covering 110% of the of the advance
amount claimed in the prescribed form and acceptance of the same by the
PURCHASER.
iii. Utilization certificate for first advance.

6.6 Terms of Payment for Supply, Erection, Civil Works, Testing & Commissioning of Solar
Power Project:
The payment of contract price shall be regulated and paid as per price quoted in various
schedules i.e., Schedule - 1 to Schedule - 4 of Volume – IA and also as per break up
details furnished in their BBU.
6.6.1 Schedule-1: Site Preparation Works
6.6.1.1.Of the total 10% Advance Payment, First 5% Advance Payment shall be paid as per
clause 6.5.1.i) A
6.6.1.2. Of the total 10% Advance Payment, second 5 % Advance Payment shall be paid as per
clause 6.5.1.ii)
6.6.1.3. 90% (if 10% advance availed) / 100 % (if 10% advance not availed) of price quoted in
Schedule - 1 shall be paid after completion of each item and certification of the same by
the NLCIL/NIRL Project Manager.

6.6.2. Schedule-2: Plant and Equipment:

6.6.2.1. Of the total 10% Advance Payment, First 5% Advance Payment shall be paid as per clause
6.5.1.i) B.
6.6.2.2. Of the total 10% Advance Payment, second 5 % Advance Payment shall be paid as per
clause 6.5.1.ii)
6.6.2.3. 65% (if advance availed) /75 % (if 10% advance not availed) pro-rata value of Contract
price of supplies (as per agreed billing schedule) against receipt of materials at site subject
to production of:
i. Material Dispatch Clearance Certificate (MDCC)
ii. Original Lorry/Rail Receipt.
iii. In case of import Receipt of goods at Indian Customs House (ICDS) and submission
of all documents for confirmation of receipt at ICDS.
iv. Submission of valid transport Insurance /Project insurance.
6.6.2.4. Ten percent (10%) price of each item quoted in Schedule -2 shall be paid after installation
of each item on pro-rata basis and certification of the same by the Project Manager.

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6.6.2.5. Five percent (5%) price of Schedule-2 of the Plant and Equipment shall be paid after
Successful Commissioning of Solar Project in part capacity (i.e in Blocks of Minimum 50
MW and subsequent parts shall be 50MW & above or the remaining capacity for the final
block) and certification of the same by the Project Manager.
6.6.2.6. Five percent (5%) price of Schedule-2 of the plant and Equipment shall be payable on
completion of PG tests and certification of the same by the Project Manager.
6.6.2.7. The final five percent (5%) price of Schedule- 2 of the plant and equipment against shall
be payable after Final take over and certification of the same by the Project Manager.

6.6.3. Schedule-3: Installation and Commissioning

6.6.3.1. Of the total 10% Advance Payment, first 5% Advance Payment shall be paid as per clause
6.5.1.i) C.
6.6.3.2. Of the total 10% Advance Payment, second 5 % Advance Payment shall be paid as per
clause 6.5.1.ii)
6.6.3.3. 75% (if advance availed)/85% (if advance not availed) of the price of the installation
services quoted in Schedule-3 shall be payable on pro-rata basis after completion of
installation of equipment of the Solar Power Plant and certification of the same by the
Project Manager.
6.6.3.4. Five percent (5%) price of the installation services quoted in Schedule-3 shall be paid after
Successful Commissioning of Solar Project in part capacity (i.e. . in Blocks of Minimum
50 MW and subsequent parts shall be 50MW & above or the remaining capacity for the
final block) and certification of the same by the Project Manager.
6.6.3.5. Five percent (5%) price of the installation services quoted in Schedule-3 shall be payable
on completion of PG tests as specified and certification of the same by the Project
Manager.
6.6.3.6. The final five percent (5%) price of the installation services quoted in Schedule-3 Shall be
payable after Final take over and certification of the same by the Project Manager.

6.6.4. Schedule-4: Civil and Structural Works

6.6.4.1. Of the total 10% Advance Payment, first 5% Advance Payment shall be paid as per clause
6.5.1.i) C.
6.6.4.2. Of the total 10% Advance Payment, second 5% Advance Payment shall be paid as per
clause 6.5.1.ii).
6.6.4.3. 75% (if advance availed)/85% (if advance not availed) of each item after completion of
Civil and Structural works quoted in Schedule-5 shall be payable on pro-rata basis and
certification of the same by the Project Manager.
6.6.4.4. Five percent (5%) price of the Civil and Structural works quoted in Schedule-4 shall be
payable after Commissioning of Solar project in part capacity (i.e. in Blocks of Minimum
50 MW and subsequent parts shall be 50MW & above or the remaining capacity for the
final block)and certification of the same by the Project Manager.

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6.6.4.5. Five percent (5%) price of the Civil and Structural works quoted in
Schedule-4 shall be payable on completion of PG tests as specified and certification of the
same by the Project Manager.
6.6.4.6. The final five percent (5%) price of the Civil and Structural works quoted in Schedule-4
Shall be payable after Final take over and certification of the same by the Project
Manager.
Note: If the performance guarantee and the Final Takeover is delayed beyond six months
from the schedule due to reasons not attributable to Contractor, final 10% (two
instalments, 5% and 5 % respectively) for Schedule 2,3 & 4 shall be released against
production and acceptance of Retention Money Bank Guarantee (as per the format
enclosed in this volume) for an equal amount valid for one year or the revised schedule
date of performance guarantee TG tests and /or Final takeover whichever is earlier. If the
performance guarantee tests and/or Final Takeover get delayed further, the validity of the
bank guarantee is to be extended till the actual date of performance guarantee tests and/or
Final take over.

6.6.5. Schedule-5: Operation and Maintenance charges of Solar Power Plant for 3 years
after SCOD:
6.6.5.1. No payment shall be made during One year warranty period.
6.6.5.2. After completion one year warranty period, the Operation and Maintenance charges for 3
years quoted in Schedule-5 will be payable on quarterly basis on the certification of work
by the Project Manager after completion of each quarter.
6.7. Terms of Payment for Taxes & Duties:
For GST:
The Contractor has to produce a copy of the GST Registration Certificate before claiming
GST payment.
GST as applicable on Advance Payment shall be paid to the Contractor
along with the Advance sanctioned except Schedule-2. The GST paid
1. Advance
along with advance shall be adjusted pro rata against the Tax due upon
Schedule-1, 3 & 4, based on the value.
GST for Schedule-2 shall be paid restricting to the respective ceiling
quoted against production of invoices along with 65% (if advance
2. 100% availed)/75% (if advance not availed) stage payment for Schedule-2.
Statutory variation within the contractual delivery period over and
above the percentage of taxes and duties will be paid by the Purchaser.
GST for Schedule-1, 3 & 4 shall be paid restricting to the respective
ceiling quoted against production of invoices along with 90%/75%/75%
(if advance availed)/100%/85%/85% (if advance not availed) stage
3. 100%
payment for Schedule-1, 3 & 4 respectively. Statutory variation within
the contractual delivery period over and above the percentage of taxes
and duties will be paid by the Purchaser.

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For Custom Duty: Not Applicable.

6.8. General:
6.8.1. Bank Guarantees (BGs) against mobilization advance shall be furnished for each of Site
Preparation, Supply, Erection and Civil portion of contract for each instalment. The
contractor shall furnish each BG for value equal to 110% of the respective advance
amount.
6.8.2. All payments shall be paid only against submission of complete and correct invoices and
documents by the Contractor duly certified by the Purchaser except as otherwise specified
in the Contract. Payment shall be due and payable by the Purchaser within a reasonable
period, which will not normally exceed one month from the date of receipt of complete
and correct invoices. If it is not payable the invoice will be returned to the Contractor
stating the reasons for rejection within a month from the date of receipt by the Purchaser.
6.8.3. All payments shall be released directly by the Purchaser to the Contractor except as
otherwise provided in the contract. If as per provisions of Contract any payments are made
directly by the Purchaser to the Sub-contractor, such payments shall constitute a proper
discharge of Purchaser's obligations for such payments to the Contractor.
6.8.4. All the progressive payments mentioned above shall be made by the Purchaser based on
the satisfactory progress of work as agreed.
6.8.5. All interim/progressive payments shall be regarded as payments by way of advance
against the final payment only and not as payment for work actually completed and shall
not preclude defective/imperfect/ incomplete work to be removed. It will not be
considered as an admission by the Purchaser of the due performance of the Contract, or
any part thereof by the Contractor nor shall it preclude, determine or affect in any way the
powers of the Purchaser under these conditions or in any other way vary or affect the
Contract.
6.8.6. The Purchaser reserves the right to encash Bank Guarantees if sufficiently convinced of
negligence and lack of dedication to work on the part of the Contractor.
6.8.7. The Contractor shall prepare and submit every six months, a statement covering payments
claimed and the payments received vis-à-vis the works executed, for reconciliation of
accounts with the Purchaser.
6.9. Payment Procedure:
6.9.1. The successful Bidder shall submit the bills for claim in four copies. The payment shall be
made after the verification of the bill by concerned Accounts Centre of NLCIL/NIRL
6.9.2. It is expressly understood that the release of payment to the successful Bidder in the
manner specified will not be construed as the fulfillment of the Bidder's obligations either
in part or whole under the contract and that the Bidder shall continue to remain
responsible to NLCIL/NIRL until all the obligations under the agreement have been
fulfilled.
6.10. Payment of Contractors Bills through National Electronic Fund Transfer (NEFT):
The Bidder should submit the consent in a mandate form for receipt of payment through
NEFT and provide the details of bank A/c in line with RBI guidelines for the same. These
details will include bank name, branch name & address, A/c type, bank A/c no., bank and

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branch code as appearing on MICR cheque issued by bank. Further, the Bidder should also
submit certificate from their bank certifying the correctness of all above mentioned
information in the mandate form.
6.11. Documents for Payment
6.11.1. Invoice for Supplies:
6.11.1.1. The following documents in original shall be sent by Registered Post/Speed Post to the
Head of the Execution /Project Manager/PBD as applicable within 10 days from the date
of dispatch to enable the Purchaser to make progressive payment to the supplier after
receipt of material at site.

6.11.2. For 65% (if advance availed) /75 % (if advance not availed) Material Receipt
payment:
6.11.2.1. Material Dispatch Clearance Certificate (MDCC) issue by the NLCIL/NIRL.
6.11.2.2. Original Lorry/Rail Receipt+ 2 copies.
6.11.2.3. Supply invoice -1 original + 2 copies.
6.11.2.4. Packing list (dispatch note) - 2 copies.
6.11.2.5. Material receipt Certificate (MRC) issued by Project Manger- 1 original + 2 copies.
6.11.2.6. Insurance documents - 2 copies.
6.11.2.7. Test certificate if applicable and/or inspection certificate of the Contractor- 1 original +
2 copies.
6.11.2.8. Certificate for Brought out item by equipment Manufacturer if required-1 original + 2
copies.
6.11.2.9. In case of import Receipt of goods at Indian Customs House (ICDS) and submission of
all documents for confirmation of receipt at ICDS.
6.11.2.10. Soundness certificate -1 original + 2 copies
6.11.2.11. The Certificate of soundness referred to above will be furnished in the following form:
"Certified that the materials Receipt through in RR dated for the value of Rs. ................
against Contract No. were in sound condition at the time of Receipt and storage as per
approved Quality Plan”.
6.11.2.12. Indemnity Bond if required 2 copies.
6.11.2.13. Running Account for the items specified in the Bill with respect to BBU.
6.11.2.14. In respect of last consignment in addition to the above documents the following
certificate and document shall also be furnished:
i. Certificate by the Contractor that no further supplies will be made and supplies are
complete in all respects.
ii. Summary of all invoices for the equipment also showing the amount due and amount
claimed / received.
6.11.3. For 10% Installation stage payment:
6.11.3.1. Invoices – 1 Original + 3 Copies
6.11.3.2. Installation completion certificate 1 original + 2 Copies
6.11.4. For 5% Commissioning stage payment:
6.11.4.1. Invoices 1 Original + 3 Copies.

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6.11.4.2. Purchaser’s Certificate of completion of commissioning.

6.11.5. For 5% PG test completion stage payment:
6.11.5.1. Invoices 1 Original + 3 Copies.
6.11.5.2. Purchaser’s Certificate of successful completion of PG test.
6.11.6. For Final 5 % payment on completion of all facilities:
6.11.6.1. Invoices 1 Original + 3 Copies.
6.11.6.2. Purchaser’s certificate for final take over and certification of the same by the Project
Manager.

******

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SECTION-7
FACILITIES TO BE PROVIDED BY THE PURCHASER
-NOT APPLICABLE-

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SECTION-8
CONTRACT TECHNICAL SPECIFICATIONS
8. CONTRACT TECHNICAL SPECIFICATIONS

8.1. The Technical Specifications (Volume-II) issued along with the Tender Specifications
duly modified and up-dated based on the changes/modifications agreed between the
Purchaser and the successful Bidder shall constitute Section-8 "Contract Specifications" of
this Contract and shall form an integral part of the Contract for all purposes.

*****

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SECTION-9

PERFORMANCE GUARANTEE TEST

Please refer Clause 24.4 /Section-24 of Technical Specification of Volume-II.

*****

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SECTION-10

GENERAL TERMS AND CONDITIONS OF THE CONTRACT

10.1 BANK GUARANTEES

10.1.1 GENERAL

i) All the Bank Guarantees shall be irrevocable. The Bank Guarantee shall be from any
Nationalized Bank or any Scheduled bank in India other than Bank of China authorized by
Reserve Bank of India to issue such Bank Guarantee drawn in favour of NLC India
Renewables Limited, Neyveli.

ii) Except bid guarantee, all bank guarantees are to be furnished directly by the banker to
NLCIL by Speed Post/Courier to the following address:
The Chief General Manager/Contracts
Corporate Office, NLCIL India Ltd., Block-1,
Neyveli - 607 801.

iii) The Bank Guarantee shall be furnished as per respective format prescribed by the
Purchaser and shall be submitted on Non-judicial stamp paper of value Rs.80/- and the
stamp paper shall be in the name of the Bank/Name of the Contractor.

iv) All the Bank Guarantees shall be payable on first demand, without demur, irrespective of
any dispute between the Bank and the Contractor to the Purchaser without any condition
or dispute whatsoever.

v) The Contractor shall arrange to keep the several bank guarantees referred to herein valid
for the requisite duration by making timely request to the Bank or Banks concerned. All
the extension for Bank Guarantees also shall be on non-judicial stamp paper of value
Rs.80/- obtained in the name of Bank/Contractor. All charges connected with the bank
guarantees shall be to the account of the Contractor.

vi) No interest or any bank charges shall be payable by the Purchaser in respect of any Bank
Guarantee furnished by the contractor in respect of this contract with respect to the period
up to completion of all obligations under the Contract by the Contractor.

vii) The Purchaser shall have the right to encash the Bank Guarantees for non-compliance of
any or all the terms and conditions of the contract and also in terms of the Joint Deed of

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Undertaking, if any, which the Contractor may enter into along with other parties with the
purchaser.

viii) Confirmation of Bank Guarantee :

Confirmation of Bank Guarantee through Structural Financial Messaging System (SFMS)
will be done as follows:

The bank guarantee issued by the issuing Bank on behalf of Contractor in favour of
“Name of Company” shall be in paper form as well as issued under the “Structured
Financial Messaging System”. The details of beneficiary for issue of BG under SFMS
platform is furnished below:-

Name of Beneficiary NLC India Renewables Limited

Unit/Area/Division Corporate Office/Contracts Division
Beneficiary Bank, Branch & State Bank of India
Address Block-2, Neyveli-607801
IFSC Code SBIN0000958
Swift Code SBININBB457
Email [email protected]

Bank Guarantee submitted in Physical mode, which cannot be verifiable through SFMS
will be rejected summarily.
ix) If bidder is issuing e-BG through NeSL portal, the bidder shall ensure the details to be
furnished to issuing bank for feeding details in NeSL portal as follows.

x) Insurance surety bonds from an Insurer as per guidelines issued by Insurance Regulatory
and Development Authority of India (IRDAI).

xi) Acceptance of insurance surety bond: the bidders shall furnish the various type of
securities (CPBG, O&M BG, DLP, AMC BG for Inverter, SCADA, CCTV and Dry
robotic cleaning system) in either BG for insurance surety bond.

10.1.2 BANK GUARANTEE FOR ADVANCE PAYMENT (APG):

The advance amount including GST stipulated in the payment terms shall be made to
the Contractor by the Purchaser subject to the Contractor providing a bank guarantee for
110% of the advance amount as per the stipulations and on acceptance of the said bank
guarantee.
If the Contract is terminated due to default of the Contractor, the ‘Mobilization
Advance’ pay would be deemed as interest bearing advance at the rate applicable to
cash credit facility prevailing at the time of issue of Invitation for Bid to be
compounded quarterly.

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10.1.3 CONTRACT PERFORMANCE BANK GUARANTEE (CPG)

i. The Contractor shall submit an irrevocable Contract Performance Bank Guarantee

within 30 days from the date of Letter of Award.

ii. The Contractor shall furnish to the Purchaser, Bank Guarantee in the prescribed pro-
forma towards Contract Performance for a value of Ten (10%) per cent of the Contract
price excluding O&M price, in favour of the Purchaser. The Bank Guarantee shall be
for the time bound, due and faithful performance of the contract and shall remain
binding notwithstanding such variations, alterations or extensions of time as may be
made, given, conceded or agreed to between the Contractor and the Purchaser under
these General Terms & Conditions or otherwise. The Bank Guarantee shall be as per
Annexure–XIII of this volume. The Bank Guarantee towards Contract Performance
shall be subject to approval of the Purchaser thereafter. The Contractor shall ensure that
the Contract Performance Bank Guarantee shall be valid for 27 months (i.e., 12 months
from date of LOA + Warranty period of 12 months + 3 months grace period).

iii. The Contract Performance Bank Guarantee furnished by the Contractor will be subject
to the terms and conditions of the Contract. The Purchaser will not be liable for
payment of any interest on the Contract Performance Guarantee.

iv. The Contract Performance Bank Guarantee shall be released on application by the
Contractor within ninety (90) days after the expiry of the warranty period and after the
Contractor has discharged all his obligations under the Contract.

v. The performance guarantee shall cover additionally the following guarantees to the
purchaser:

a) The Contractor guarantees the successful and satisfactory operation of the equipment
furnished under the contract as per the specification and documents.
b) The contractor further guarantees that the equipment provided and installed shall be
new and free from all defects in design, material and workmanship. The Contractor
shall upon written notice from the purchaser, fully remedy free of expenses to the
purchaser such defects as may develop under normal use of the said equipment
within the period specified in the contract.
c) The Contractor also guarantees the proper performance of the steel structures, for a
period of twelve (12) months from the date of final takeover of the plant and
equipment. Any defect found during this period will be made good by the contractor
at his own cost failing which the purchaser reserves the right to take remedial
measures at the contractors' risk and cost.

vi. The Purchaser shall have the fullest liberty to lodge their claim for encashment of the
guaranteed sum either in full or part, in the manner suitable to them. However, payment
made for a sum lesser than the guaranteed amount shall not relieve or discharge the
bank from their obligations guaranteed under the bank guarantee, till the contractual
obligations are fully performed by the Contractor or the Bank Guarantee is discharged
by the Purchaser, as the case may be and the Bank Guarantee shall continue to be in
force till such time.

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vii. BANK GUARANTEES FOR O&M:

The Contractor shall furnish the following O&M BGs:

1. BG for shortfall in generation during O&M Period of 3 years:
a. CPG for O&M Compensation: 5% of revenue generated out of Expected net
energy export (as per technical schedule-2) at a tariff of Rs. 2.64 per Unit. By
Considering 28.8% CUF, for 400MW and 410MW, the value of Bank Guarantee for
shortfall in Generation works out Rs. 13.5 Crores and 14 Crores respectively.
b. CPG for O&M period (i.e., Defects Liability/Warranty period): 1% of the total
contract price excluding O&M charges.
c. The O&M BGs (i.e., CPG for O&M Compensation and CPG for O&M period (i.e.,
Defects Liability/Warranty period) shall have a validity of 90 days beyond the actual
date of successful completion of operation and maintenance contract period. The
Contractor shall submit both the Bank Guarantees within 30 days after completion of
SCOD.
d. The Contract Performance Bank Guarantee for EPC Contract will be returned to
the Contractor without any interest after 90 (ninety) days from the expiry of warranty
period or after date of final take over whichever is later and on receipt and acceptance
of BG for O&M period and BG for shortfall in generation during O&M period for
period of 3 Years.

viii. The Contract Performance Bank Guarantee for EPC Contract will be returned to the
Contractor without any interest after 90 (ninety) days from the expiry of warranty period
or after date of final take over whichever is later and on receipt and acceptance of BG for
O&M period and BG for shortfall in generation during O&M period for period of 3 Years.

10.1.4 RETENTION MONEY BANK GUARANTEE (RMBG)

If the Performance Guarantee (PG) tests and the Final Takeover is delayed beyond six (6)
months from the schedule due to reason not attributable to Contractor, final 10% (i.e., 5%
for PG and 5% for Final take over) of price indicated in Schedule-2,3&4 as stated in the
terms of payment shall be released against production and acceptance of Retention Money
bank guarantee (as per the format enclosed at Annexure-XVII of this volume) for an equal
amount initially valid for six months and shall be extended suitably in such a way that the
Bank Guarantee is valid up to the actual date of completion of Performance Guarantee
(PG) test.

10.2 Licenses
10.2.1 Import License
For any portion of the supplies to be imported by the Contractor for incorporation in
manufacture of the equipment, the Contractor shall arrange the necessary import
including arrangements of licenses and Foreign Exchanges as may be required, on his
own.

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10.2.2 Export License

In case of foreign Contractor, he shall obtain and maintain the necessary Export licence
from the competent authorities and shall pay at his cost any fee connected therewith.
Failure to obtain and maintain export Licences shall not be considered as Force Majeure.
In case the Contractor fails to obtain or maintain the Licences, or if the licences are
withdrawn, he shall restore them within two months from the date of
cancellation/withdrawal. However, the delay due to restore of Licence is attributable to
the Contractor, the Purchaser has the right to cancel the Contract and the Contractor shall
forthwith return the Purchaser all the amounts paid by the Purchaser to the Contractor.
10.3 Insurance
The Bidder shall at his own expense take out necessary insurance to-the supplies, transit,
personnel and all other related to the satisfaction of the NLCIL/NIRL including all third
party risks as detailed below and the same shall be submitted to the Purchaser for approval
failing which the progressive payment of 65% /75% as per Section – 6 of this Volume,
will not be effected.
Contractor shall obtain project insurance for 410 MW/400MW SPP for the entire period of
Contract excluding O&M.
10.3.1 Marine cum Erection (MCE) Insurance
i) The Contractor shall take Marine-cum-Erection insurance policy against all risks of
Physical loss or damage to the equipment /materials during handling, transit (marine and
inland), storage, erection, testing and commissioning for the total contract price. The
period of policy shall commence from the despatch of first consignment of
equipment/materials for the work and continue during transit, storage, erection at site till
completion of testing commissioning and upto Provisional Takeover of the
equipment/system as per Contract.
Alternatively, the Contractor may take a Transit / Marine Insurance policy and a Storage-
cum-Erection Insurance policy against all risks to cover the loss or damage during Transit
and Storage & Erection respectively. The sum insured under the policy shall represent the
cost of equipment / materials supplied by the Contractor for the work. The sum insured
under the Storage-cum-Erection policy shall represent the complete erected value of Plant
& Equipment including freight, insurance, taxes and duties and erection cost.
If the Contractor is already having an open Transit /Marine Insurance policy, the copy of
the same shall be furnished.

ii) The Contractor shall also take additional covers (Add-On covers) given under MCE
insurance like Third Party Liability, Surrounding properties, Flood Risk Clearance and
Removal of debris, Cross liability, Additional Customs Duty, Express Freight, Extended
Maintenance Cover upto Final Takeover, etc. The sum insured for such Add-On covers
shall be decided by the Contractor based on its assessment and risk involved in the
contract.

iii) Risks to be covered by insurance shall not be limited merely to the items mentioned
above. The Contractor shall arrange for insurance of any other risks he may deem prudent,
but the expenses thereof shall be to the account of the contractor only.

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iv) If necessary, Transit and storage (all risks) insurance coverage for additional transit
involved for sending equipment/material to Sub-Contractor/Fabricator’s shop for
fabrication/ reprocessing and receiving back at site shall be taken.

v) The form and the limit of such insurance as defined shall be acceptable to the Purchaser.
However, irrespective of such acceptance, the responsibility to maintain insurance at all
times during the required period and for the required value shall be that of the Contractor
alone. The Contractor’s failure in this regard shall not relieve him of any of his contractual
responsibilities and obligations.

vi) The transfer of title shall not in any way relieve the Contractor of the above
responsibilities during the period of the contract. Any loss or damage to the equipment
during handling, transporting, storage and erection, till such time the plant is provisionally
taken over (Provisional Takeover) by the Purchaser, shall be to the account of the
Contractor. The Contractor shall be responsible for preferring of all claims as applicable
and make good at the Contractor's own cost for the damage or loss by way of repairs
and/or replacement of the portion of the works damaged or lost for the timely
commissioning of the equipment/ completion of the works. Licenses, clearance etc., if any
required for the purpose of replacement of equipment lost/damaged in transit and/or
during storage, erection, shall be made available by the Contractor.

vii) The Contractor shall provide the Purchaser with a copy of all insurance policies and
documents taken out by him in pursuance of the contract. All copies of such documents
shall be submitted to the Purchaser immediately after such insurance coverage for
approval.

viii) The Contractor shall also inform the Purchaser in writing at least sixty (60) days in
advance regarding the expiry cancellation and/or change in any of such documents and
ensure revalidation/renewal etc, as may be necessary well in time.

ix) The Contractor shall take insurance policy from an Insurance Company regulated by
IRDA. The Insurance policy shall provide for payment of claim in Indian Rupees.

x) The Purchaser shall be the principal holder of the policy along with the Contractor the
Purchaser reserves the exclusive right to assign the Policy.

xi) All costs on account of Insurance charges / premium on lumpsum and firm price basis
shall be indicated in the price schedule. The premium receipt issued by the Insurance
Company shall have to be produced for claiming the payment. However, the total
premium to be reimbursed shall be restricted to the lumpsum agreed to in the price
schedule in the contract. However, the Contractor’s responsibility to maintain the
insurance cover as per the terms of contract at his cost will not cease after reaching the
lumpsum quoted.

xii) If the Contractor fails to produce the Insurance Policy in time or fails to keep it in force,
further payments will not be made, without prejudice to other terms and conditions of the
Contract. Recovery from Contractor’s bills may also be effected.

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10.3.2 Workmen's Compensation Insurance:

The Contractor shall take Workmen’s Compensation Insurance for this project work. This
insurance shall protect the Contractor against all claims applicable under the Workmen's
Compensation Act, 1948 (Government of India) as amended from time to time. This
policy shall also cover the Contractor against all claims for injury, disability, disease or
death of his or his Sub Contractor's employees which for any reason are not covered under
the Workman's Compensation Act, 1948. The liabilities shall not be less than:
i) Workmen's compensation: As per statutory provisions.
ii) Towards Employees Liability: As per statutory provisions.
The Contractor shall provide the Purchaser with a copy of Workmen Compensation
insurance policies taken out by him in pursuance of the Contract.
10.4 Customs Clearance
The Contractor shall be responsible for the expeditious clearance of imported materials
consigned to Indian port. In the event, the materials are unloaded at ports other than
specified by the Contractor, the Contractor shall be responsible to clear the consignments
from that port and transport the same to Purchaser’s store/site. All costs and expenses
including port rent, port handling, demurrage, wharf age, customs clearance and
forwarding etc. are deemed to be included in the Contract Price under Port Charges.

10.5 Liquidation, Death, Bankruptcy etc.

If the Contractor shall die, dissolve or become bankrupt or insolvent or cause or suffer any
receiver to be appointed on its business or any assets thereof with its Creditors, or being a
corporation commence to be wound up, not being a member's voluntary winding up for
the purpose of amalgamation or reconstruction, or carry on its business under a Receiver
for the benefits of its Creditors or any of them, the Purchaser shall be at liberty:
i) to terminate the Contract forthwith upon coming to know of the happening of any such
event as aforesaid by notice in writing to the Contractor or to the Receiver or
Liquidator or to any person in whom the Contract may become vested to, or
ii) to give such Receiver, Liquidator or other person the option of carrying out the
Contract subject to his providing a guarantee upto an amount to be agreed for the due
and faithful performance of the Contract.
10.6 Responsibility for Performance of Contract

i) The Contractor shall be responsible for the due and faithful performance of the Contract in
all respects according to the drawings, specifications and all other documents referred to
in this Contract. Any approval which the Purchaser/Consultant may have given in respect
of the drawings/documents, specifications, stores, materials, supplies or other particulars
and the work or the workmanship involved in the Contract (whether with or without test
carried out by the Contractor or the Purchaser) shall not relieve the Contractor from its
obligations and notwithstanding any approval or acceptance given by the Purchaser/
Consultant, it shall be lawful for the Purchaser to reject the material on arrival at site, if it
is found that the materials supplied and/or erection and/or construction work carried out

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by the Contractor are not in conformity with the terms and conditions of the Contract in all
respects.
ii) The Contractor shall co-operate with the Purchaser's other contractors, if any, for any
associated plant and freely exchange all relevant technical information with them to obtain
the most efficient and economical design and to avoid unnecessary duplication of
equipment. The Contractor shall also coordinate with other contractors for any interface
activity at his battery limits. No remuneration shall be claimed from the Purchaser for such
technical cooperation.

10.7 Responsibility for Completeness

i) Any supplies and services which might not have been specifically mentioned in the
Contract but are necessary for the design & engineering, supply, erection, commissioning,
performance and/ or completeness of the Works, shall be supplied/provided by the
Contractor without any extra cost to the Purchaser within the time schedule for efficient
and smooth operation and maintenance of the works under Indian conditions, unless
expressly excluded from the scope of supplies and services in this Contract.
ii) The approval by the Purchaser/Consultant at any stage for any supplies and services by the
Contractor shall not relieve the Contractor of its obligations.
10.8 Dispatch and Billing Schedule
i) The Contractor shall prepare a detailed Billing-cum-Dispatch Schedule and a detailed
Shipping Schedule for supplies of the plant, machinery and equipment in the logical
sequence required for erection within the overall delivery schedule of the Contract.
Billing-cum-Dispatch schedule for the Plant and Equipment shall be submitted within
thirty (30) days from the date of Letter of Award of the Contract. Detailed shipping
schedule shall be submitted within 3 months from the Letter of Award of Contract
indicating the breakdown of the complete Plant into shipment units with approximate
weights and dimensions and the respective dates upon which such units will be dispatched
from the Contractor's and/or his Sub-Contractor(s) works.
ii) The Billing-cum-Dispatch Schedule and the Shipping Schedule is subject to approval of
the Purchaser/Consultant. Six (6) copies of the approved Billing-cum-Dispatch Schedule
and Shipping Schedule shall be submitted to the Purchaser within fifteen (15) days from
the date of approval. The Contractor shall arrange for supplies of the Plant, Machinery and
Equipment in the sequence as approved in the Billing-cum-Dispatch Schedule and
Shipping Schedule. The Contractor shall promptly give written notice to the Purchaser of
any anticipated delay in maintaining such schedule stating reasons and remedial measures,
therefore. This shall not however in any way absolve the Contractor from his
responsibility of timely delivery of plant and equipment as per contractual time schedule.
iii) No early payment shall be made for non-sequential or early delivery of any Plant &
Equipment which will be required for erection at a later date. Further, the early delivery of
such equipment will occupy storage space, which will be the responsibility of Contractor.
iv) The lapse of guarantee due to delay in Performance Guarantee (PG) Test of any such
equipment, if it is supplied by any associate/sub-vendors, is the responsibility of the
Contractor.

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10.9 Shipping Notes and Documents

i. General
The consignee for both rail and road dispatches shall be clearly marked as NLCIL/NIRL,

BOS Works For Setting Up Of 810 MW (410MW & 400MW ) Solar Project In RVUNL
Solar Park At Pugal, Bikaner District, Rajasthan Under Engineering, Procurement
(Excluding Supply Of Solar PV Modules) & Construction With O&M for a Period of 03
Years.

The Contractor shall arrange to despatch the following documents to:

PROJECT MANAGER (BOS works for 810 MW Solar Power Project in Solar Park of
Ramsar Chhota, Tehsil Pugal, District, Bikaner, Rajasthan).
(a). One (1) original and five (5) copies of the clean rail/lorry receipt.
(b). One (1) original and five (5) copies of Contractor's signed invoice.
(c). 6 (six) copies of Challan and Packing List.
(d). 6 (six) copies of inspection certificate, if any issued by the Purchaser.
(e). 6 (six) copies of Purchaser's dispatch clearance
(f). 6 (six) copies of Approved Test Certificates if any.
The RR/Challans duly endorsed by the Purchaser will be handed over to the Contractor for
taking delivery of materials from Railway/Trucks unloading the same from wagons/ trucks
and subsequent handling, transportation, and storage at site after submission of custody-
cum-indemnity bond in Purchaser's approved proforma. The demurrage charges, if any,
will be payable by the Contractor.
ii. By Wagons
In case of despatch of materials in railway wagons, the Contractor shall ensure that the
following are observed by them and their Sub-Contractors.
(a). Identify, place necessary indents on the railways and obtain at the appropriate time
the correct type of wagons required, keeping in view the consignments to be
despatched.
(b). In case of over dimensioned consignments, the Contractor shall obtain the sanction
for movement of the O.D. Consignment from the railways.
(c). Non-availability of special wagon or handling equipment shall not be an excuse for
payment of demurrage and if so it shall be to the Contractor's account.
(d). Care being taken to avoid all possible chances of damages during transit and to
ensure that all packages are firmly secured.
(e). The destination shall be clearly marked.

iii. By Road
In case of the consignments despatched by road, the Contractor shall ensure that the
following are observed by himself and the Sub-Contractors:
(a). Identify and obtain the correct type of trucks/trailors, keeping in view the nature of
consignments to be despatched.

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(b). Care being taken to avoid all possible chances of damages during transit to ensure
that all packages are firmly secured.
(c). In case of over dimensioned consignments, the Contractor shall obtain necessary
approval from concerned authority of State / Centre for movement of the O.D.
Consignment.
(d). Non-availability of special trucks or handling equipment shall not be an excuse for
payment of demurrage and if so shall be to the Contractor's account.
(e). All consignment despatched by road shall be on "door delivery" and freight paid
basis.
(f). The destination shall be clearly marked.

10.10 Packing, Identification and Markings

i) The Contractor shall include and provide for securely protecting and packing the
materials so as to avoid loss or damage during handling & transport by air, sea, rail
and road.
ii) All packing shall allow for easy removal and checking at site. Special precaution
shall be taken to prevent rusting of steel and iron parts during transit by sea. Gas
seals or other materials shall be adopted by the Contractor for protection against
moisture during transit.
iii) The number of each package in a shipment shall be shown in fraction, numerator
showing number of the package and the denominator showing total number of
packages in a lot / consignment. The packages number shall be generally prepared in
the sequence in which they will be required for erection.
iv) Each package delivered under the Contract shall be marked by and at the expense of
the Contractor and such marking must be distinct and in English language (all
previous irrelevant markings being carefully obliterated). Such marking shall show
the description and quantity of contents, the name and address of consignee, the
gross weight and net weight of the package, the name of the Contractor with a
distinctive number of mark sufficient for purposes of identification. All markings
shall be carried out with such materials as to ensure quickness of drying, fastness
and indelibility. Each equipment or parts of equipment shall, when shipped or railed
or otherwise despatched be tagged with reference to the assembly drawings and
corresponding part numbers. Each bale or package shall contain a packing note
quoting specifically the name of the Contractor, the number and date of contract and
the name of the office placing the contract, nomenclature of the stores and include a
schedule of parts for each complete equipment giving the part numbers with
reference to the assembly drawing and the quantity of each part, drawings nos. and
tag numbers.
v) Rotor bearings should not be used as a support while packing.
vi) Besides wherever necessary, packing shall bear a special marking "TOP",
"BOTTOM", "DO NOT TURN OVER", "KEEP DRY", "HANDLE WITH CARE",
etc.
vii) All packing cases, containers (excluding marine container), packing and other
similar materials shall be new.
viii) Notwithstanding anything stated in this clause, the Contractor shall be entirely
responsible for loss, damage or depreciation or deterioration to the materials &
supplies due to faulty and/or insecure packing.
ix) One copy of respective standard manufacturer's erection instruction/operation
instruction manual shall be kept in each package/container for immediate reference.

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x)Each and every package box shall be marked with the following, as a minimum:
(a)
(b) Name and address of Consignee :
(c) Project reference :
(d) Contract No.:
(e) Packing No.: (1/10, 2/10, 3/10 ...... when there are 10 packages for one
consignment)
(f) Net Weight/Gross Weight :
(g) Port of Loading :
(h) Destination Port :
(i) Packing Mark : [symbols indicating "TOP" and other special markings as per
clause 10.10.(iv) & 10.10.(vi) above]
(j) Type of Equipment :
1. "E" (for Equipment supply)
2. "T" (for Tools & Tackles)
3. "S" (for Mandatory Spares)
10.11 Type, Quality of Materials and Workmanship

i) The Contractor shall be deemed to have carefully examined and to have knowledge of the
equipment, the general and other conditions, specifications, schedules, drawings, etc.
forming part of the Contract and also to have satisfied himself as to the nature and
character of the work to be executed and the type of the equipment and duties required
including wherever necessary of the site conditions and relevant matters and details. Any
information thus procured or otherwise obtained from Purchaser/Consultants shall not in
any way relieve the Contractor from his responsibility and contractual obligations for
designing, manufacturing and supplying the Plant and Equipment at site and executing the
work in terms of the Contract. If the Contractor shall have any doubt as to the meaning of
any portion of the Contract, he shall before signing it set forth the particulars thereof and
submit to Purchaser in writing in order that such doubt may be removed.
ii) The Equipment under scope of supply shall be of the best quality and workmanship
according to the latest engineering practice and shall be manufactured from materials of
best quality considering strength and durability for their best performance. All material
shall be new. Substitution of specified material or variation from the method of fabrication
may be permitted with the prior written approval of the Purchaser.
iii) The Contractor shall procure and/or fabricate all materials and equipment in accordance
with all requirements of Central and State enactments, rules and regulations governing
such work in India and at site. This shall not be construed as relieving the Contractor from
complying with any requirement of Purchaser as enumerated in the Contract
Specifications which may be more rigid than and not contrary to the above-mentioned
rules, nor providing such construction as may be required by the above-mentioned rules
and regulations. In case of variance of the Contract Specification from the laws, ordinance,
rules and regulations governing the work, the Contractor shall immediately notify the
same to the Purchaser. It is the sole responsibility of the Contractor, however, to determine
that such variance exists. Wherever required by rules and regulations, the Contractor shall
also obtain the Central Electrical Authorities / Statutory Authorities' approval for the plant,
machinery and equipment to be supplied by the Contractor.

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iv) Codes and standards referred in Contract documents shall be followed. Codes and
standards of other countries can be followed with the prior written approval of Purchaser,
provided materials, supplies & equipment according to the standard are equal to or better
than the corresponding standards specified in the Contract.
v) All meters, gauges, recorders and other types of indicating, integrating or recording
devices shall be calibrated in metric system and degree Celsius. Where vernier
attachments are related, English system gearing must be changed to produce result on a
true decimal (metric basis). Functional and instruction plate shall be in English language.
vi) Brand names mentioned in the Contract documents are for the purpose of establishing the
type and quality of products to be used. The Contractor shall not change the brand name
and qualities of the bought-out-items without the prior written approval of the Purchaser.
All such products and equipment shall be used or installed in strict accordance with
original manufacturer's recommendations, unless otherwise directed by the Purchaser.
10.12 Drawings and Documents
The Contractor shall supply all drawings and documents to the Purchaser/Consultants as
per respective volumes of Technical Specifications.
10.13 Errors and Omissions
i) The Contractor shall be responsible for any discrepancies, errors and omissions in the
drawings, documents or other information submitted by him, irrespective of whether
these have been approved, reviewed or otherwise accepted by the Purchaser or not.

ii) The Contractor shall take all corrective measures arising out of discrepancies, errors
and omissions in drawings and other information referred in above para within the
time schedule and without extra cost to the Purchaser.
iii) The Contractor shall also be responsible any extra cost and the cost due to delay, if
any, in carrying out engineering and site works by other agencies arising out of
discrepancies, errors and omissions stated above as well as of any late revision/s of
drawings and information submitted by the Contractor.
10.14 Acceptance of the System
10.14.1Mechanical Completion
1. On completion of erection of all the materials / items of equipment covered under the
scope of the Contract, a joint inspection shall be carried out by the Purchaser and the
Contractor to verify physically that all materials /items / equipment have been placed
and erected properly and the system is ready for commissioning. A defects list shall be
prepared jointly.
2. On liquidation of the defects (except minor defects which shall be mutually discussed
and agreed between the Purchaser and Contractor and which shall not affect the
commissioning of the system), Mechanical Completion Certificates shall be issued by
the Purchaser.
10.14.1 Commissioning & PG Testing
Commissioning and PG test shall be carried out as per technical Specification
(Volume-2).

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On successful completion of commissioning, the Solar Power Plant along with Power
Evacuation system shall be Provisionally Taken over with a list of major and minor
defects and non-conformities prepared jointly by the Purchaser and the Contractor.
Differentiation of defects as major and minor shall be jointly discussed and agreed by the
Purchaser and Contractor and recorded. Upon the completion of commissioning, as soon
as practicable, or at such time as may be otherwise agreed to by the parties concerned, the
Contractor Shall notify in writing to the Purchaser /Consultant that the plant is ready for
Performance Guarantee Test only after liquidating all the major defects.
1. Readiness for "Performance Guarantee Test" shall be intimated to the Purchaser in writing
at least 15 days before commencement of "Performance Guarantee Test". However,
Contractor shall be allowed to conduct "Performance Guarantee Test" only after
liquidating all the major defects.
2. The Performance Guarantee Test procedure, including the definition of the calculation
method to be used, the instrumentation to be installed and indicated in the schemes, the
instrument accuracy classes, and calibration of instruments during the test period, the
areas of responsibility and the items which specifically require preparation and agreement
shall be submitted by the Contractor for review and approval by the Purchaser /Consultant
during detail engineering phase. Schematics identifying the guarantee test instrumentation
shall be submitted along with procedure. It shall be ensured that necessary test points are
indicated in the schemes during the detail engineering phase and also identified in the
instrumentation and metering drawings. Contractor shall furnish detail program during
detail engineering stage.
3. All test instrumentation for the Performance Guarantee Tests as required shall be supplied
by the Contractor. Data loggers shall be used for performance test. All costs associated
with the supply, calibration, installation of the test instrumentation / data loggers /
computers etc. are deemed to have been included in the contract price. The test shall be in
accordance with those specified in the Technical specification.
4. Any special equipment, tools and tackles required for successful completion of the
Performance Guarantee Test shall be provided by the Contractor.
5. It is the Contractor’s responsibility to co-ordinate for suitably carrying out the
Performance Guarantee Test.
6. The plant parameters during the Performance Guarantee Test shall be adjusted as far as
practicable to the guaranteed Performance Guarantee Test conditions. The test shall be
conducted to prove guaranteed generation as defined in the Technical specification.
7. The Performance Guarantee Test results shall be reported as computed from the
Performance Guarantee Test observations.
8. Within ten days after the conclusion of the Performance Guarantee Test the Contractor
shall submit the documents as stated in Clause 24.5.3 (b) of Volume II (Technical
Specification)
9. Within two weeks of receipt such test report, the Purchaser /Consultant shall either:
(i). Concur with the information provided in the Contractor’s test report, or
(ii).Disputes some or all of the information provided in the Contractor’s test report, the
areas being disputed, and the levels of performance being disputed.

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10. If the tests could be carried out but are being unduly delayed by the Contractor the
Purchaser may, by notice require the Contractor to make the tests within 14 days after the
receipt of such notice. The Contractor shall make the tests on such days within that period
as the Contractor may fix and of which he shall give notice to the Purchaser.

11. Should the test fail, the repeat PG test shall be carried out as per Procedure given in
Technical specification.
The above shall be read in conjunction as detailed in technical specification.
10.14.2The above shall be read in conjunction as detailed in technical specification.
10.14.3 Final Take Over
Certificate for "Final Take Over" shall be issued by the Purchaser when
i. All supplies and services have been completed as per Contract.
ii. The Contractor has met any and all obligations under this Contract
iii. Final balance documentation, if any, incorporating latest modifications in ‘as built’
drawings has been submitted by the Contractor in requisite copies.
iv. The Contractor has rectified in a definite manner all objections / observations
mentioned in the "Commissioning Certificate" and ‘Final Project Punch List’.
v. Completion of PG Test for the plant and PG Test Report submitted.

10.15 Mandatory Spares, Tools & Tackles, Initial Fill, Oil, Lubricants and Consumables
10.15.1 Mandatory Spares
i) The Contractor shall supply mandatory spares as listed in the Technical Specification
(Volume- II).
ii) The list of mandatory spares shall include such details as:
(a) Item number of equipment in Contract
(b) Description
(c) Number per Item
(d) Material specification.
(e) Manufacturing drawing number/ordering specification number.
iii) The Contractor shall supply complete ordering specification including the list of
supplies to enable the Purchaser to procure operating and maintenance spares for
replacement beyond the period of life considered for spares. Complete manufacturing
drawings (except for the proprietary items) with bill of materials and material
specification and catalogues with reference details shall also form part of such
ordering specification.
iv) The identification of mandatory spares for operation and maintenance shall be
indelibly engraved on the parts within or on a label securely fixed to the part.
v) The Contractor shall agree to submit the Declaration form duly signed by the EPC
contractor in the format as per Annexure-I.

10.15.2Tools and Tackles

i) The Contractor shall supply new set of tools and tackles, instruments and appliances
for operation and maintenance of the plant & equipment as per schedule in the
Technical Specification. (Volume II)

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ii) While preparing the list of special tools and tackles, the Contractor shall include such
number of sets as he may recommend necessary from his own experience.
iii) The Contractor shall provide ordering specification including the names of suppliers
giving sufficient details to enable the Purchaser to procure at a later date when
necessary such special tools and tackles instruments and appliances.
10.15.3 Oil, Lubricants & Consumables
i) The Contractor shall within the Contract price of the equipment as per Section-3
supply all consumables including oils, lubricants, lining materials, usual stores and
small materials and other consumables required.
ii) Quantities to be supplied shall be adequate to cover also the wastage/ breakage during
transportation, storage, handling, construction, erection and commissioning. Should it
be found that the quantities supplied are not adequate till the completion of warranty
period, the Contractor shall supply further quantities within the time schedule and
without any extra cost to the Purchaser.
iii) The Contractor shall also furnish Indian equivalent of imported oils, lubricants, and
other consumables along with necessary specifications, drawings, literature etc.
10.16 Approval by the Purchaser
i) Documents and drawings as mentioned in Section-4 shall be subject to the approval
of the Purchaser/ Consultant.
ii) Other drawings and documents as per Section-4 shall be subject to the review and
reference of the Purchaser/ Consultant.
iii) All changes from the approved drawings/documents shall be subject to the prior
approval of the Purchaser / Consultant.
iv) All sub-contractors and sub-suppliers for raw materials testing, design and
engineering, manufacture, supplies, construction and erection work and any other
work/services covered under the Contract shall be subject to the written approval of
the Purchaser / Consultant.
v) While the Contractor shall make/execute/perform supplies, work and services in
terms of the Contract, the Purchaser shall have the right to check and approve
design, type, quality, quantity, materials and workmanship of any or all items of
supplies, work and services where considered necessary by the Purchaser to ensure
that supplies, work and services made/executed/ performed by the Contractor are in
accordance with the provisions of this Contract.
vi) The Chief Project Manager of Contractor who shall be in overall charge of the
Project at site shall be appointed in consultation with the Purchaser.
vii) To enable the Purchaser to accord approval and to review documents and drawings
the Contractor shall submit back-up data/ drawings/basic calculations/assumptions as
may be required by the Purchaser/ Consultant.
viii) Where approval of the Purchaser/Consultant is required or implied but is not
specifically provided for elsewhere in this Contract, such approval shall also come
within the purview of this Section.
ix) Approval by the Purchaser/Consultant in terms of this Section shall not relieve the
Contractor of any of his obligations under the Contract. The Purchaser/ Consultant

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shall approve or refuse approval within seven (7) working days from the date of
receipt of request with supporting documents.
x) The approval requested by the Contractor shall not be withheld unreasonably by the
purchaser. All requests for approval shall be accompanied by fully supporting
documents, otherwise it shall not be considered as a request.
10.17 Sub-Contract
i) The Contractor shall not sub-contract the Contract Work in whole to third parties for
the performance of this Contract.
ii) The Contractor may propose a panel of Sub- Contractors for the part of scope of
works. The Contractor shall thereafter select any sub-Contractor out of this panel
subject to the approval of the Purchaser. Any such assignment shall not relieve the
Contractor from any obligation, duty or responsibility under the contract. Any
assignment as above without the prior concurrence of the Purchaser shall be void.
iii) The Contractor shall be responsible for transmitting all the pertinent data of all
Contract terms and conditions with his Sub-Contractors. The Contractor shall also
furnish the specification, place of manufacture, delivery schedule and adequate copies
of un-priced supply order/contract in the case of indigenous items.
iv) The Purchaser shall give approval or shall refuse approval in writing within seven (7)
working days of receipt of request along with all supporting details.
v) Bought-out items, critical components, proprietary items and equipment
manufactured and supplied by specialized manufacturers which the Contractor
intends to incorporate in the Contract Work shall also be subject to the written
approval of Purchaser.
vi) The approval extended by the Purchaser in selecting Sub-Contractors recommended
by the Contractor shall not discharge the later from his Contract obligations. The
Contractor shall remain solely liable for any action, deficiency, and/or negligence on
the part of his Sub-Contractors/sub-suppliers.
vii) In the event certain obligations extended by a Sub-Contractor to the Contractor
should extend beyond the guarantee period specified in the Contract, the Purchaser
shall automatically be entitled to the benefit thereof.
viii) In no event shall the Purchaser be deemed to have any Contractual obligations
whatsoever in respect of Contractor's/ Sub-Contractors and/or title-holders of any
sub-orders placed by the Contractor.
10.18 Inspection and Tests at Contractor's/ Manufacturer's Premises
i) The Purchaser or his authorised agent shall have the right of inspecting and testing
the contract work or any part thereof at any stage during the manufacture and the
Contractor on demand from the Purchaser shall carry out such tests in appropriate
manner in the presence and free of charge to Purchaser. The tests required as per
relevant codes and the tests specifically agreed in the contract specifications and
agreed QAP only will be done. Should the Contractor himself not be in a position
to carry out the tests, he shall, on the Purchaser's demand prepare specimen and
samples and send them at his own cost to such testing stations as the Purchaser
may specify and the cost of the test so effected shall be to the Contractor's account.

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However, cost pertaining to the Purchaser's inspection personnel shall be borne by

the Purchaser.
(a) Should a part of the plant be manufactured not on Contractor's own premises
but on other premises, the Contractor shall likewise obtain permission for the
Purchaser/his authorised representative to inspect and test the work as if the
said plant were being manufactured on the Contractor's premises.
(b) The inspection, examination or testing carried out by the Purchaser shall not
relieve the Contractor from any of his obligations under this Contract. The
inspection procedure shall be discussed and finalised.
ii) The inspection and tests shall be so conducted as not to unreasonably impede the
progress of manufacture.
iii) The Purchaser shall have the right to be present during all tests carried out by the
Contractor. The Contractor on being requested so to act, shall present sufficient
documentary evidence that the material used shall meet the specified requirement.
If called for, samples and specimen shall become the Purchaser's property. The
Contractor shall notify the contract work, particularly before any assembly, in
order that the inspection or tests can be carried out as may be required to ascertain
without prejudice to the Contractor's liability, whether the materials and/or services
are in conformity with the requirement of the contract. All inspection and tests
shall be carried out as per the approved procedure unless otherwise specified.
iv) The Contractor shall bear all costs of any and all agreed inspections and tests. If
special tests are necessary based on the results of the agreed test, then cost of all
such special tests also shall be to the account of the Contractor in all cases.
v) The Purchaser upon giving fifteen (15) days notice in writing and stating any
grounds of objection, shall have the right to reject any or all equipment or demand
rectification or replacement thereof.
vi) The Contractor shall submit to the Purchaser quarterly programme of inspection
and tests one month in advance of the commencement of the quarter. The
Contractor shall give the Purchaser a minimum of fifteen (15) days clear notice for
inspection within India and thirty (30) days clear notice for inspection at places
other than India, of any work being ready for inspection and tests specifying the
period likely to be required for such inspection and tests. Thereafter, the Purchaser
or his inspector shall, unless inspection or test is voluntarily waived, attend at the
contractor's or his Sub-supplier(s)/Sub-contractor(s) premises, such inspection and
tests within seven (7) days of the date on which the equipment is notified as being
ready for inspection and test. Should the Purchaser fail to attend such inspection
and test, the Contractor may proceed with the inspection and test at his option
which shall be deemed to have been made in the Purchaser's presence and shall
forthwith forward to the Purchaser copies of inspection/test certificates for
acceptance by the Purchaser. The pro-forma and number of copies for
inspection/test certificates shall be mutually agreed. However, if the Purchaser
request the Contractor for a revised date of inspection but within fifteen(15) days
of the date of inspection as communicated by the Contractor, the Contractor shall
arrange the inspection on the revised date as requested by the Purchaser.

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vii) In all cases whether at the premises or works of the Contractor or of any sub-
contractor, the Contractor shall, provide free of charge to the Purchaser such
labour, materials, electricity, fuel, water, stores, apparatus and instrument and/or
facilities as may reasonably be deemed required to carry out efficiently such tests
of the plant in accordance with the contract and shall give all such facilities to the
Purchaser or his authorised representative to accomplish such tests.
viii) When the inspection/tests have been satisfactorily completed at the Contractor's or
his Sub- Contractor's premises, the Purchaser shall issue a certificate to that effect.
If a final certificate cannot be issued, a provisional certificate shall be issued. If the
tests were not witnessed by the Purchaser or his representative the certificate shall
be issued on receipt of the inspection and tests report from the contractor but not
later than fifteen (15) days after the receipt of the said report by the Purchaser. In
the event a certificate is not issued by the Purchaser during 15 (fifteen) days, the
Contractor, if considered necessary, can arrange despatch along with the certificate
as stated in 10.18.(vi) with the clear understanding that if the Purchaser reject such
equipment at a later date, the contractor shall rectify the same at his own cost to the
Purchaser's satisfaction. No Plant shall be shipped or left or otherwise despatched
before such certificate has been issued. The satisfactory completion of these
inspection and tests or the issue of the certificate shall not bind the Purchaser to
accept the work, should it on further tests during or after erection be found not to
comply with the Contract.
ix) In case any equipment fails in inspection/tests, re-inspection/retest shall be carried
out only after necessary rectification work/replacement by the Contractor.
x) Subject to Clause-10.18 (viii) above, no plant, equipment and material shall be
shipped before inspection certificate and despatch instructions have been issued by
the Purchaser.
xi) The contractor shall furnish to the Purchaser/his authorised Inspector five (5)
copies of un-priced purchase orders including detailed technical specification and
drawings placed on his Sub- Contractors as soon as such orders are placed by the
Contractor, but, in any case not later than two (2) months before the expected date
of the equipment getting ready for inspection.
xii) In the case of such equipment, structural etc. where tests set forth above cannot be
conducted either partially or fully in Contractor's/Sub-supplier(s) premises but
have to be conducted at site only after erection, the provisions under this Section
shall also apply. However, in such cases prior approval of the Purchaser shall be
obtained by the Contractor prior to despatch.
xiii) The Inspection by the Purchaser and issue of Inspection Certificate thereon shall in
no way limit the liabilities and responsibilities of the Contractor in respect of
agreed QAP forming part of the Contract.
xiv) In the case of mandatory spares, the same shall be offered for inspection along
with the main equipment or after the main equipment has been satisfactorily
inspected and tested.

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10.19 Participation of Indian Engineers

i) For basic design and detail engineering of Plant & Equipment, if carried out by the
Contractor in his office abroad, Purchaser reserves the right to depute
his/Consultants' or engineers hereafter called Indian Engineers to participate in this
work.
ii) The participation assignment, number of Indian engineers, their technical
disciplines and the period of participation shall be mutually agreed.
iii) The Contractor shall provide all opportunities and information to Indian engineers
to get acquainted with the technical know-how and the methods and practices
adopted by the Contractor in basic and detail engineering. The Contractor shall
provide documents, drawings, calculations etc. as may be required by Indian
engineers.
iv) The Contractor shall provide free of charge office accommodation, office facilities,
secretarial services, communication facilities, general and drawing office
stationery, etc. as may be reasonably required by the Indian engineers. Similarly,
facilities shall also be provided by Contractor's /Sub-Contractors/ Associates if
such basic and detail engineering activities are carried out in the design offices of
Sub-Contractors/Associates.
v) At all times the Indian engineers shall remain employees of the Purchaser or
Consultant as the case may be.
vi) The Purchaser shall bear all costs relating to air fares, local travel, residential
accommodation and subsistence in respect of Indian engineers.
vii) In the absence of designation as Purchaser's or Consultants' representative, no such
Indian engineer shall have any authority under the Contract.
10.20 Standards, Codes and Compliance with Laws & Regulations
i) The design, engineering, manufacturing, supplying, assembling, erection, testing
and construction work shall be carried out in accordance with latest appropriate
Indian Standards and Codes unless otherwise specified in the Contract
specification. Where appropriate Indian Standards and Codes are not available,
appropriate latest standards and codes of Country of Origin shall be used.
Contractor shall however, obtain purchaser's prior approval before using such
standards and codes of country of origin.
ii) The Contract Work shall be designed to suit the climatic, geological, hydrological,
hydro-geological, and seismological and soil conditions of the site. Measures shall
be taken against corrosion/erosion by ground water, storm surge, floods, cyclones,
wind speeds etc.
iii) The Contractor shall, throughout the performance of this Contract comply with all
laws, rules, regulations and statutory requirements of Government of India and
other statutory bodies as far as such bodies have jurisdiction over the Contract
work or any part of the site.
iv) If any new statutory regulation or law or modification of the existing regulation or
law comes into force subsequent to the Base Date, the Contractor shall comply
with the same. However, if it calls for any modification of the design/equipment

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with financial implication, the same shall be discussed between the Contractor and
Purchaser and mutually agreed.
10.21 Protective Painting
The General Specification for painting and colour code etc. shall be followed by the
Contractor for painting of equipment, steel structures etc. as per the technical
specification.
10.22 Weights & Measures
i) All weights, dimensions and measures shall be in metric system.
ii) All weights, instruments, measures used in the contracted equipment shall be
properly calibrated.
10.23 Secrecy & Titles
i) All technical information, maps, plans, drawings, specifications, schemes and the
subject matter contained therein and all other information given to the Contractor
by the Purchaser in connection with the performance of the Contract Work shall be
held confidential by the Contractor and shall remain the property of the Purchaser
and shall not be used or disclosed to third parties by the Contractor for any purpose
other than for which they have been supplied or prepared. The Contractor may
disclose to third parties, upon execution of secrecy agreements, such part of the
drawings, Specifications or information if such disclosure is necessary for the
performance of the Work.
ii) Maps, layouts and photographs of this Solar Power Plant including its surrounding
regions showing vital installation for national security of Purchaser's country shall
not be published or disclosed to the third parties or taken out of the country
without prior written approval of the Purchaser.
iii) Title to secret processes if any developed by the Contractor on an exclusive basis
and employed in the design of the equipment shall remain with the Contractor. The
purchaser shall hold in confidence such processes and shall not disclose such
processes to the third parties without prior approval of the Contractor.
iv) Subject to above Clause, title to technical specifications, drawings, flow sheets,
norms, calculations, diagrams, interpretations of test results, schematics, lay-outs
and such other information which the Contractor has supplied to the Purchaser
under the Contract shall be passed on to the Purchaser. The Purchaser shall have
the right to use these for construction, erection, start-up, commissioning, operation,
maintenance, modifications and/or expansion of the works including for the
manufacture of spare parts (other than those of proprietary in nature to the
contractor) in connection with the project.
v) The provision of above Clauses shall not apply to information:
(a) Which at the time of disclosure are in the public domain or which later on
become part of public domain through no fault of the party concerned, or
(b) Which were in the possession of the party concerned prior to disclosure to
him by the other party, or

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(c) Which were received by the party concerned after the time of disclosure
without restriction on disclosure or use, from a third party.
10.24 Rejection of Defective Plant & Works or Other Installation
i) If the completed plant, or any portion thereof, before it is finally accepted be found
to be defective or fails to fulfill the requirements of the Contract, the Purchaser
shall give the Contractor notice setting forth particular of such defects or failure
and the Contractor shall forthwith make the defective plant good or alter the same
to make it comply with the requirements of the Contract. Should he fail to do so
within a period of time as deemed reasonable by the Purchaser and stated in the
said notice, the Purchaser may reject and replace at the risk and cost of the
Contractor, the whole or any portion of the plant, as the case may be, which is
defective or fails to fulfill the requirements of the Contract. However, such
rejection/replacement by the Purchaser shall not absolve the Contractor of any of
his responsibilities under this Contract.
ii) Without prejudice to the above, the Purchaser shall be entitled at his discretion to
the use of the rejected plant in a reasonable and proper manner for a time
reasonably sufficient to enable him to obtain other replacement plant. However,
such usage shall not be deemed as waiver or acceptance of such defective plant by
the Purchaser.
10.25 Negligence
i) If the Contractor shall neglect to execute work with due diligence or expedition or
shall refuse or neglect to comply with any reasonable order given to him in writing
by the Purchaser in connection with the work or shall contravene the provisions of
Contract, the Purchaser may give notice in writing to the Contractor calling upon
him to make good the failure, neglect or contravention complained of within such
time as may be deemed reasonable by the Purchaser and in default of compliance
with the said notice, the Purchaser without prejudice to its rights under clauses
10.25.(ii) hereto and Cl. 6.8.8, may rescind or cancel the Contract as provided in
Cl.10.30 holding the Contractor fully liable for the damages that the Purchaser
may sustain. In addition, the Contractor shall refund all amounts paid to him by the
Purchaser for all such work which, may become in fructuous due to such
cancellation.
ii) Should the Contractor fail to comply with such notice within the period as
mentioned in the notice or any other period considered reasonable by the
Purchaser for such compliance, from the date of serving thereof, then and in such
case, without prejudice to the Purchaser's right under clause 10.25.(i) hereto, the
Purchaser shall have at his option the right to take the affected work wholly or in
part out of the Contractor's hands and may complete the work, as envisaged in the
Contract either departmentally or by awarding fresh Contract(s) at a reasonable
price to any other persons or firm or company to execute the same, at the cost of
the Contractor.
iii) In such event the Purchaser shall, without being responsible to the Contractor for
fair wear and tear to the same, be entitled to seize and take possession of all
materials, construction equipment tools, tackles and other things belonging to the
Contractor and also to have free use of all materials, construction equipment, tools,

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tackles and other things of the Contractor / its sub-contractors which may be on the
site for use at anytime in connection with the work to the exclusion of any right of
the Contractor over the same and the Purchaser shall be entitled to retain and apply
any sum which may otherwise be then due as per the Contract or any other
contract from him to the Contractor as may be necessary for the payment of the
cost of execution of such work as aforesaid.
iv) If the cost of executing the work as aforesaid shall exceed the sum due to the
Contractor and the Contractor fails to make good the deficit, the said materials,
tools, tackles, construction plant or other things and properties belonging to the
Contractor as may not have been used up in the completion of the work, may be
sold by the Purchaser and proceeds applied towards the payment of such
difference and the cost of and incidental to such sale. Any outstanding balance
existing after crediting the proceeds of such sale shall be paid by the Contractor on
the demand of the Purchaser, but when all expenses, cost and charges incurred in
the completion of the work are paid by the Contractor, all such materials, tools,
tackle, construction plant or other things not used in the completion of the work
and remaining unsold shall be removed by the Contractor with the written
permission of the Purchaser only.
v) In addition, such action by the purchaser as aforesaid shall not relieve the
contractor of his liability to pay Price Reduction for delay in completion of work
as defined in Section-4.
10.26 Progress Report
i) The Contractor shall prepare and regularly update his detailed PERT/CPM
Networks and submit the same with computerized time analysis reports showing
starting and completion dates of all activities of engineering, purchasing,
procurement of materials, manufacture, supply, inspection and despatch,
construction, erection etc. in his scope of work and those of his sub-contractor(s).
ii) The Contractor shall submit the progress report in such pro-forma and details as
may be required by the Purchaser showing the agreed detailed programme of
various activities as per above clauses and actual progress achieved to monitor the
progress of the work.
iii) The Contractor shall submit the progress report every month and in 10 (Ten)
copies. Purchaser shall have the right to depute his/Consultant's representatives at
the premises of works of the Contractor or any of his sub-contractors to ascertain
the progress of work.
iv) The Contractor shall submit the progress photographs in 5 (five) copies every
month relating to the progress in sequence of work of all major activities.
10.27 Training – Not applicable.
10.28 Patents
i) If the performance of the Contract involves the use of a patent, trade mark,
registered design, copy rights and/or industrial property rights of which the
Contractor holds the title, the Contractor shall not be entitled to any licence fee,
royalty and/or compensation from the Purchaser outside of the Contract Price
which shall be deemed to include such licence fee, royalty and/or compensation.

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ii) Where the title holder of a patent, trade mark, registered design, copy rights and/or
industrial property rights used is a third party, the Contractor shall be liable for
settling with such party and paying any licence fee, royalty and/or compensation
thereon.
iii) The Contractor shall submit to the Purchaser a certificate from the licensor
attesting technology of the licence granted.
iv) In the event of any third party raising claim or bringing action against the
Purchaser including but not limited to action for injunction in connection with
third party's alleged rights affecting the equipment covered under the Contract or
the use thereof, the Contractor agrees and undertakes:
(a) To defend and assist the Purchaser in defending at the Contractor's cost against
such third party's claim and/or actions and against any law suits of any kind
initiated against the Purchaser.
(b) To indemnify, keep indemnified and hold harmless the Purchaser against all
actions, claims, demands, costs, charges and expenses raised by third parties
and arising from or incurred by reason of any infringement of patent, trade
mark, registered design, copy rights and/or industrial property rights by
manufacture, sale or use of the equipment supplied by the Contractor whether
or not the Purchaser is held liable for by any court judgement. Provided,
however, that:
1. The Purchaser shall, as soon as reasonably possible notify the Contractor in
writing of such third party's claim and/or action and:
• The Contractor shall at his own cost defend or assist the Purchaser in
defending his rights against any such claims and/or actions;
• If the Contractor defends the case, the Purchaser shall assist the Contractor
free of charge by providing all such information and documents as are
available with the Purchaser, save and except that in case of production of
any witness at the request or insistence of the Contractor shall bear the costs
and expenses required in this regard.
2. The Purchaser shall not without the Contractor's consent (which shall not be
unreasonably withheld) enter into any commitment or admit any fact capable
of supporting third party's claims, unless the Purchaser shall release the
Contractor of his liabilities and obligations.
3. The Contractor shall at his own cost, without prejudice to the provisions of this
Section, may either carry out such alterations or modifications of the
equipment which are necessary to avoid the infringement without affecting the
efficient operation of the equipment to the satisfaction of the Purchaser or to
procure a right to the unrestricted use of the infringing equipment by the
Purchaser.
v) Nothing in this article shall abrogate or abridge the Contractor's own liability for
infringement or violation of patent, trade mark, registered design, copy rights and/or
industrial property right of a third party, if such infringement or violation is proved
before and sustained in court of law and the Contractor fails to take action in terms
of provision of Clause 10.28.(iv)

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vi) If required and mutually agreed, the Purchaser shall enter into Process Licence
Contract(s) as per clause 10.28.(ii).
vii) The rights and liabilities of the parties under this Clause shall survive this Contract.
10.29 Indemnity
i) The Contractor shall at all times indemnify and keep indemnified the Purchaser
against all claims which may be made against the Purchaser in respect of any
infringement of any rights protected by patent registration of design of trade mark.
In this connection, the Purchaser shall pass on all claims made against him to the
Contractor for settlement.
ii) The Contractor assumes responsibility for and shall indemnify and save harmless
the Purchaser from all liability, claims, costs, expenses, taxes and assessments
including penalties, punitive damages, attorney's fees and court costs which are or
may be required to be paid by the Purchaser arising from any breach of the
Contractor's obligations under the Contract or for which the Contractor has
assumed responsibilities under the Contract including those imposed under any
Contract local or national law or laws, or in respect to all salaries, wages or other
compensation or all persons employed by the Contractor or his Sub-Contractors or
suppliers in connection with the performance of any work covered by the Contract.
The Contractor shall execute, deliver and shall cause his Sub-contractor and
suppliers to execute and deliver, such other further instruments and to comply with
all the requirements of such laws and regulation as may be necessary there under
to conform and effectuate the Contract and to protect the Purchaser.
iii) The Purchaser shall not be held responsible for any accident or damages incurred
or claims arising there from during the period of construction and erection under
the responsibility of the Contractor/sub-contractors/associates and putting into
operation of the plant under the supervision of the Contractor in so far as the latter
is responsible. However, the Contractor shall be liable for such accidents as may
be due to negligence on his part to carry out work in accordance with Indian laws
and regulations.
iv) The Contractor shall be responsible for proper fencing, lighting, guarding and
watching of all works at site until they are taken over and further arrange proper
provisions for like period of temporary drainage, roadways, footways, guards and
fences as far as may be rendered necessary by reason of works for accommodation
and protection of the Purchaser's adjacent property and that of, the public and
others. No naked light shall be used by the Contractor on the site otherwise than in
the open air without the special permission in writing from the Purchaser. The
purchaser shall not be responsible for any theft or misuse of material/plant,
equipment.
v) The contractor shall furnish the Custody-cum-Indemnity Bond for the materials
supplied by the Purchaser on receipt at site as per the format in Annexure-XVI.
10.30 Termination, Suspension and Foreclosure
i) The Purchaser may at any time on breach of this Contract by the Contractor give
him a written notice of such breach. If the Contractor does not take appropriate
measure to the satisfaction of the Purchaser within a period of 30 days after

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issuance of such notice to remedy that breach, then the Purchaser may terminate
this Contract at any time thereafter stating therein the date of termination. The
Contractor shall then be liable to the Purchaser in accordance with the Clause-
10.25 hereinabove.
ii) The Purchaser reserves the right to terminate this Contract at any time either in
part or in full due to reasons such as the Contractor failed to commence work,
abandoned the work during progress, neglected to proceed and progress, failed to
perform his obligations, by giving a notice of not less than fifteen (15) days. The
Contractor upon receipt of such notice shall discontinue the work on the date and
to the extent specified in the notice, make all reasonable efforts to obtain
cancellation of all orders and Contracts to the extent they are related to the work
terminated and terms satisfactory to the Purchaser, stop all further sub contracting
or purchasing activity related to the work terminated and assist the Purchaser in
maintenance, protection and disposition of the works acquired under the Contract
by the Purchaser. The Contractor shall hand over all the drawings, documents,
plant, equipment, supplies, material etc. including all the rights of work to the
Purchaser. The Purchaser shall pay to the Contractor the cost incurred in
accordance with the Contract terms and rates as decided by the Purchaser till the
date of termination as compensation. No consequential damages shall be payable
by the Purchaser to the Contractor in the event of termination.
In the event that the Associate is not performing the contractual obligation or the
main Contractor intends to change the Associate on whose strength the Contract
was bagged by the Contractor, the Contract will be terminated at the Cost & Risk
on Contractor.
iii) The Purchaser reserves the right to suspend and reinstate execution of the whole or
any part of the works without invalidating the provisions of the contract by giving
Contractor notice in writing to such effect stating the nature, the date and the
anticipated duration of such suspension.
iv) On receiving the notice of suspension as per above clause, the Contractor shall
stop all such work which the Purchaser has directed to be suspended with
immediate effect. The Contractor shall continue to perform other work in terms of
the Contract which the Purchaser has not suspended.
v) The Purchaser may at anytime cancel the suspension notice for all or any part of
suspended work by giving written notice to the Contractor specifying the part of
work to be resumed and the effective date of suspension withdrawal. The
Contractor shall resume the suspended work as expeditiously as possible after
receipt of such withdrawal of suspension notice.
vi) In the event of suspension of work, the Purchaser shall not be liable to the
Contractor for any damage or loss or idle labor caused by such period of
suspension of work. The Purchaser shall not be liable to Contractor for any
payment towards watch & ward and any other expenditure. However, the
compensation for the suspension period beyond 30 days for the reason attributable
to the purchaser shall be mutually discussed and agreed. Further for the actual
suspension period for the reason attributable to the purchaser, which will affect the
progress of Contractor’s work and scheduled completion time, the extension time
shall be granted on request from the contactor.

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vii) The contract shall be terminated if due to any unforeseen circumstances which
may lead to the foreclosure of the project for reasons such as resource crunch, non-
availability of funds, and for other administrative resource etc. Purchaser shall
however, give 60 days prior written notice to the contractor of the effective date of
termination.
viii) Contractor shall be compensated only for the quantum of work/services he has
rendered till effective date of foreclosure. The costs mutually agreed by the
Contractor and purchaser in the removal of the Contractor’s Equipment from the
Site and in the repatriation of the Contractor’s and its Sub contractors’ personnel
and costs mutually agreed by the Contractor and purchaser in protecting the
Facilities and leaving the Site in a clean and safe condition. Any other claims like
compensation for loss in profit, compensation for loss of reputation etc. or any
other consequential damages if any claimed by the Contractor shall not be given by
the Purchaser.
10.30.1 Suspension of the Contractor:
If the performance of the Contractor is found to be unsatisfactory or if the conduct is
under suspicion or in the event of any breach of the conditions committed by the
contractor will lead to suspension of the Contractor for six (6) months.
10.30.2 Banning of the Contractor:
Supplying defective / poor quality materials or performing substandard works and failure
to rectify /replace the same even after reasonable extension is given to the contractor will
lead to banning of the Contractor for one (1) year.
10.31 Termination of Services of Contractor's Personnel
In the event any of the Contractor or his Sub- Contractors, personnel, agents, sub-agents,
assistants, or other employees shall be guilty of any misconduct or be incompetent or
insufficiently qualified or negligent in the performance of their duties or it is undesirable
for any administrative reasons for such person to be employed, the Contractor, if so
directed, shall immediately remove such person or persons from employment thereon.
Any person or persons so removed shall not again be employed in connection with this
Contract without the written permission of the Purchaser. Any person so removed shall
immediately be replaced by a qualified and competent substitute at the Contractor's cost
and expenses. Should the Contractor be requested to repatriate any person he shall do so
and shall bear all costs and charges in connection there with.
10.32 Force Majeure
The following shall constitute Force Majeure:
i) Natural phenomena, including but not limited to floods, droughts, earthquake and
epidemics.
(a) Acts of any Government, domestic or foreign including but not limited to war,
declared or undeclared priorities, quarantines, embargoes.
(b) Strikes, lock outs and sabotage.
(c) Riots and civil commotions.
(d) Piracy

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Provided either party shall within 15 days from the occurrence of such a cause notify
the other in writing of such cause.
ii) If the Contractor suffers delay in the due execution of the contractual obligations due to
delays caused by Force Majeure as defined above, the agreed time of completion of the
work covered by this contract and of the obligations of the Contractor shall be extended by
a period of force majeure, provided, that on the occurrence of any such contingency, the
Contractor immediately reports to the Purchaser in writing, the cause of delay with
requisite documentary evidence and also the remedial steps being taken and the expected
period of interruption.
However, as regards to the Sub-Contractors of the contractor, the events or occurrences
enumerated above in Clause 10.32.(i) which are site-specific shall constitute force majeure
events but excluding strikes, Lockouts or other concerted action of workmen of such
subjects.
iii) The decision of the Purchaser whether there is a Force Majeure condition or not and
whether extension of time shall be granted or not shall be final.
iv) Force Majeure conditions prevailing at the works of the collaborator/Associate/ Suppliers /
Sub-Suppliers / major Sub-Contractors other than a maximum of 10 (Ten) major
collaborator / Associate / major Suppliers / major Sub-Contractors (the names of which
have to be indicated by the contractor and got approved by the Purchaser: however, the
decision of the Purchaser shall be final) shall not be recognized by the Purchaser on any
account and it shall be upto the Contractor to make necessary alternative arrangement to
execute the Contract within the agreed time schedule. The Contractor shall furnish the list
of Sub-Suppliers / Sub-contractors to be considered under Force Majeure conditions
before signing of the contract.
vi) The contractor or the Purchaser shall not be liable for delays in performing his obligations
resulting from any Force Majeure cause as referred to and/or defined above. The date of
completion shall subject to hereinafter provided, be extended by a reasonable time even
though such cause may occur after the contractor's performance of his obligations has
been delayed for other causes.
vii) No increase in price shall be payable due to force majeure condition. However any benefit
of price fall shall be passed on to the purchaser.
10.33 Jurisdiction & Resolution of Disputes
10.33.1 Jurisdiction
The laws applicable to this Contract shall be the laws in force in India. The civil courts
having ordinary original jurisdiction over places where site is located shall alone have
exclusive jurisdiction over all matters concerning this Contract including the arbitration
proceedings if any arising under the Contract.
10.33.2 Resolution of Disputes
Any dispute/disputes or difference / differences arising out of or in connection with the
contract shall, to the extent possible be settled amicably between the parties.
In the event of any dispute, Clause No.10 & 11 under Sec.8 of Integrity Pact may also be
referred.
10.33.2.1 Informal Dispute Resolution

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The parties agree to use reasonable efforts to resolve all disputes equitably and in good
faith. If any dispute between the Contractor and the PURCHASER arises it shall in the
first instance be referred in writing to the PURCHASER, who shall endeavour to resolve
the dispute amicably and render a decision within 30 days. The period of 30 days shall
be reckoned from the date of intimation of the dispute is received by the PURCHASER.
10.33.2.2 Save as hereinafter provided, in respect of a dispute so referred, the decision of the
PURCHASER shall be final and binding upon the Parties until the completion of the
Contract and shall forthwith be given effect to by the Contractor who shall proceed
with the Contract with all due diligence, whether or not either Party has sought has
sought conciliation / arbitration (as applicable) of the dispute as hereinafter provided.
10.33.3 Conciliation (for other Contractors and not for PSUs):
10.33.3.1 If the party is dissatisfied with the decision rendered by the Purchaser, or if the
Purchaser omits or declines to render a decision within the said period of 30 days, then
within a further period of 30 days, the dissatisfied Party shall require by a notification
that the dispute be referred to Conciliation in the manner as per the ‘NLC Conciliation
Rules’, copy of which is available with the NLCIL offices and the Bidders/
Contractors shall abide by the NLC Conciliation Rules’ for resolving any dispute
arising out of this contract. Such a notification shall be in writing and it shall be duly
served on the other party. Failure to invoke the Conciliation within the time stipulated
shall debar the party from seeking reference to Conciliation.
10.33.3.2 Except as otherwise provided in this clause, any dispute arising out of or relating to
this agreement, or the breach, termination or validity thereof, shall be settled by
Conciliation in accordance with ‘NLC Conciliation Rules’. The Conciliation shall be
held at Neyveli / Chennai. The Conciliation proceedings shall be conducted, and the
award shall be rendered in English. The award shall state the reasons upon which it is
based.
10.33.3.3 There shall be three Conciliators, who will be appointed as per Section-5 of the ‘NLC
Conciliation Rules’, which is available in NLCIL’s Web site.
10.33.3.4 The Work Order conditions and the rights and obligations of the Parties, shall remain
in full force and effect during the Conciliation proceedings. Supplies and / or services
under the Contract shall, if reasonably possible, continue during the Conciliation
proceedings.
10.33.3.5 For the purpose of this clause, the term ‘dispute’ shall include a demand or difference
of any kind whatsoever, arising out of the Contract and respecting the performance of
the Contract, whether during the Contract period including extensions if any, or after
completion, and whether before or after termination, abandonment or breach of the
Contract. (except as to any matter, the decision of which is specifically otherwise
provided for in any of these conditions).
10.33.3.6 Only in case of failure to resolve the dispute through Conciliation, Arbitration can be
resorted to.
10.33.3.7 Once the settlement agreement is signed with respect to a dispute, the same dispute is
not subject to further appeal through Arbitration or Judicial Proceedings.

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10.33.3.8 Anything not found included in the ‘NLC Conciliation Rules’, but necessary to
conduct the conciliation proceedings will be dealt with as per the provisions of the
‘Arbitration and Conciliation Act 1996 - Part-III’ or as per the statutory provisions
modified from time to time.
10.33.4 Arbitration:
10.33.4.1 Between NLCIL & another Central PSE
In the event of any dispute or difference relating to the interpretation and application of
the provisions of commercial purchases and contract(s) between Central Public Sector
Enterprises (CPSEs) / Port Trusts inter se and also between CPSEs and Government
Departments/Organizations (excluding disputes relating to Railways, Income Tax,
Customs & Excise Departments), such dispute or difference shall be taken up by either
party for its resolution through AMRCD as mentioned in DPE OM No. 05/0003/2019-
FTS-10937 Dated 14th December 2022 and the decision of AMRCD on the said
dispute will be binding on both the parties. The inter-se disputes of various
Ministries/Departments/CPSEs etc., other than those related to taxation, are to be
resolved through the existing AMRCD/AMRD Mechanism.”
10.33.4.2 For other Contractors
Arbitration shall be applicable only for the dispute(s) involving claims from Rs.25
Lakhs to Rs.20 Crores.
For the dispute(s) involving claims below Rs.25 Lakhs and above Rs.20 Crores:
The parties mutually agree that dispute(s)/issues(s) involving claims below Rs.25 Lakhs
and above Rs.20 Crores shall not be subject matter of Arbitration.
The claims below Rs.25 Lakhs are subject to the jurisdiction of the respective Civil
Court having jurisdiction over the place of works/supply/service.
The claims above Rs.20 Crores are subject to the exclusive jurisdiction of the Court
situated at Chennai.
The above provisions shall supersede provisions relating to the Arbitration, governing
Law & Jurisdiction mentioned elsewhere in the tender documents.
a) In case of failure to resolve the dispute through Conciliation, then within a further
period of 30 days, the dissatisfied Party may require by a notification that the
dispute be referred to arbitration in the manner hereinafter provided. Such a
notification shall be in writing and it shall be duly served on the other party.
Failure to invoke the arbitration within the time schedule shall debar the party from
seeking reference to arbitration.
b) Except as otherwise provided in this clause, any dispute arising out of or relating to
this agreement, or the breach, termination or validity thereof, shall be finally
settled by Arbitration in accordance with the Arbitration and Conciliation Act 1996
(the ``Act''). The arbitration shall be held at Chennai, Tamil Nadu. The arbitration
proceedings shall be conducted, and the award shall be rendered in English. The
award shall state the reasons upon which it is based.
c) There shall be three arbitrators of whom each Party shall appoint one. The Party
requesting that the dispute be referred to arbitration shall, within 30 days of the
notification in terms of Clause 10.32 (ii) (a), appoint an arbitrator as also call upon
the other Party to appoint an arbitrator within 30 days. The two arbitrators so
appointed shall, within 30 days of the date on which the second of them is

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appointed, agree on the third arbitrator who shall act as the presiding arbitrator of
the tribunal.
d) The agreement and the rights and obligations of the Parties, shall remain in full
force and effect pending the award in any arbitration proceedings. Supplies and/ or
services under the Contract shall, if reasonably possible, continue during
arbitration proceedings.
e) For the purposes of this clause, the term `dispute' shall include a demand or
difference of any kind whatsoever, arising out of the Contract and respecting the
performance of the Contract, whether during the Contract period including
extensions if any, or after completion, and whether before or after termination,
abandonment or breach of the Contract (except as to any matter, the decision of
which is specifically provided for in any of these conditions).
f) The party, in whose favour the award is passed, shall be entitled to recover the entire
cost of Arbitration from the other party. The Arbitrator shall indicate the above in
their award clearly.
10.34 Warranty
1. The Contractor shall guarantee that the equipment shall be new and in accordance
with the Contract documents and be free from defects in design, material, and
workmanship. The warranty period shall be 12 (twelve) months from the date of
SCOD. The Contractor's liabilities shall be limited to the replacement of any
defective parts in the equipment of his own manufacture or those of his Sub-
Contractors, under the normal use and arising from faulty design, materials and/or
workmanship. The Plant shall be operated as per the operating instructions and all
records, logbooks and other information about the operation shall be kept. Such
replaced defective parts shall be taken back by the Contractor.
2. The Contractor shall carry out complete maintenance of the plant till completion of
warranty period. All repairs and / or replacement other than maint