TDR - 37927753

INVITATION FOR BIDS
PATRATU VIDYUT UTPADAN NIGAM LIMITED
(A Subsidiary of NTPC in Joint Venture with JBVNL)
BIDDING DOCUMENTS
FOR
(Domestic Competitive Bidding)
NIT No9900258100
A. PVUN invites online bids on Single Stage -Composite bidding basis from eligible bidders
for the contract with following details :
.
S.No Particulars Details

1. Name of the Package CONSULTANCY OF AMIN FOR LAND ACQUISITION
& LAND RELATED ISSUES AT PVUNL PATRATU.
2. Bid submission end date/Bid As per the dates mentioned in Tender Details in GEPNIC Site.
opening Date/Last date for
Clarifications
3. Scope of Work May please refer enclosed Scope of Work in pdf for detailed scope of work.
4. Completion Period/ Duration Contract Service Period shall be 12 months from the date of start of work.
of Contract
5. Defect Liability Period / NA
Warranty Period
6. Price Bid The Bidder shall quote the rate or quote the discount/premium as applicable and
applicable GST for each item in the relevant field of BOQ sheet (Price Bid). The
BOQ (Excel Sheet) template must not be modified/ replaced by the bidder and the
same should be uploaded after filling the relevant columns.
If agency does not mention any GST rate, it will be treated that GST is
inclusive in the quoted Basic Rate.
7. Tender Fee & EMD EMD Amount: NA
For EMD thorugh EFT Transfer to PVUN Account
The payment shall in done in the SBI Account of Patratu

Vidyut Utpadan Nigam Ltd: Details as:
Name of Account Holder : PATRATU VIDYUT UTPADAN
NIGAM LTD
Bank Account No. : 35397838621
Bank Name : STATE BANK OF INDIA
Branch : PATRATU (Branch Code:
02992),
Bank Address : PATRATU THERMAL POWER
STATION PATRATU,
DIST: RAMGARH, JHARKHAND,
PIN-829119.
IFSC Code : SBIN0002992
8. MSE Benefits and Purchase Applicable.

Preference to MSEs To avail MSE benefits for purchase preference, bidders shall submit valid MSE
Document.
9. Price Basis As per Scope of Work
10. Evaluation of bids & Evaluation shall be on Lump sum Basis. PVUN shall allow purchase preference,
Purchase Preference
as indicated in the bidding documents(ITB).For order preference, MSE guidelines
mentioned in ITB Clause 33.0 read in conjunction with “Preference to Make In
India and Eligibility for Participation/ granting of Purchase Preference to Class-I
local suppliers” shall be applicable.
11. Preference to Class-I local In order to confirm that bidder is a Class-I local supplier, bidder shall accept the
suppliers GTE regarding confirmation as Local Supplier in Tendering Portal.
Acceptance of this GTE in tendering portal shall be considered as bidder's

confirmation to the following conditions:
 Bidder is a Class-I Local Supplier
 Local value addition (to be declared in Bid Form) is done at vendor premises in
India
 Vendor has not been debarred / banned by any other procuring entity for
violation of ‘Public Procurement (Preference to Make In India Order 2017’
(PPP-MII Order) dated 15.06.2017 and its subsequent revisions / amendments
B. A Complete Set of Bidding Documents are available on NTPC e-tender site at

http://eprocurentpc.nic.in. Tender Documents may be downloaded by any interested bidder
free of cost.
C. Issuance of Bidding Documents to any Bidder shall not construe that such Bidder is considered
to be qualified.
D. Employer reserves the right to reject any or all bids or cancel / withdraw the Invitation for Bids (IFB) without assigning any reason
whatsoever and in such case no bidder / intending bidder shall have any claim arising out of such action.
E. Address for Communication:
AGM(C&M)/ DGM (C&M)

PATRATU VIDYUT UTPADAN NIGAM LIMITED,
P.O - PTPS, Distt: Ramgarh, Jharkhand
PIN - 829119,
Mobile: 9650990119 / 9424140604
Emails: [email protected]/[email protected]
NTPCWebsitesforreference: https://eprocurentpc.nic.inor www.ntpc.co.in

SECTION - II
INSTRUCTIONS TO BIDDERS (ITB)
Package Instructions to Bidders (ITB)

Page 1 of 32
Project: Patratu STPP, Phase-I (3X800 MW)
Section-II
INSTRUCTIONS TO BIDDERS
(ITB) TABLE OF CLAUSES
(ITB)
S. No. Description Page No.
A. GENERAL
1.0 INTRODUCTION .................................................................................................................................. 1
2.0 SOURCEOF FUNDS ............................................................................................................................ 1
3.0 CONFLICTOF INTEREST ............................................................................................................. 1
4.0 BIDDER’SSITEVISIT ................................................................................................................................. 1
5.0 CONTENT OFBIDDINGDOCUMENTS ............................................................................................. 1
6.0 CLARIFICATION OFBIDDINGDOCUMENTS .................................................................................. 2
7.0 PRE-BID CONFERENCE (If specified in the NIT/Tender Enquiry/BDS) ....................................................................... 2
8.0 ADDENDA/ CORRIGENDA/ AMENDMENTS TO BIDDING DOCUMENTS ....................................... 3
9.0 COST OF BIDDING ................................................................................................................................... 3
10.0 LANGUAGE OF BID AND UNITS OF MEASURE ........................................................................... 3
11.0 DOCUMENTS COMPRISING THE BID ............................................................................................ 4
12.0 BID PRICES ANDPRICEBASIS ........................................................................................................ 15
13.0 BID VALIDITY ...................................................................................................................................16
14.0 BID SECURITY / GUARANTEE /EARNEST MONEY ..........................................................................16
15.0 WORKSCHEDULE ....................................................................................................................... 19
16.0 FORMAT AND SIGNING OF BID ......................................................................................................... 19
17.0 SEALING AND MARKING OF BID .................................................................................................. 19
18.0 DEADLINE FOR SUBMISSION OF BID ................................................................................................ 20
19.0 LATEBIDS ....................................................................................................................................................... 21
20.0 MODIFICATION, SUBSTITUTION AND WITHDRAWAL OF BIDS .............................................21
21.0 BID OPENING ...................................................................................................................................21
23.0 EVALUATION AND COMPARISON OF BIDS ................................................................................................................... 22
24.0 AWARD CRITEIA .................................................................................................................................... 26
25.0 EMPLOYER’S RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDS .......................................26
26.0 LETTEROFAWARD ........................................................................................................................... 26
27.0 CONTRACT PERFORMANCE SECURITY/INITIAL CONTRACT PERFORMANCE SECURITY
26
28.0 SIGNING OF CONTRACT AGREEMENT .................................................................................. 27
29.0 INELIGIBILITY FOR FUTURE TENDERS ................................................................................... 28
30.0 ADHERENCE TO NTPC SAFETY RULES ....................................................................................29
31.0 ADHERENCE TO FRAUD PREVENTION POLICY .......................................................................29
32.0 POLICY FOR BANNING OF BUSINESS DEALING……………………………………………………………….
33.0 BENEFITS TO MSEs…………………………………………………………………………………………………….
Package Instructions to Bidders (ITB)

Page 2 of 32
Project: Patratu STPP, Phase-I (3X800 MW)
Section-II
INSTRUCTIONS TO BIDDERS (ITB)
PART A- GENERAL
1.0 INTRODUCTION
1.1 Employer (As specified in BDS), wishes to receive bids for the Package named in the Bid Data Sheet.
1.2 Throughout these Bidding documents, the term “Bid” and “Tender” and their derivatives
(Bidder/Tenderer, Bidding/Tendering, Bidding Document/Tender Document, etc.); Bill of Quantity/
Schedule of Quantity/Schedule of Quantities/Bill of Quantities; Employer/NTPC; Bid Security/Earnest
Money Deposit; Security Deposit/ Performance Security/ Performance Guarantee; Engineer-in-
charge/Engineer, appearing anywhere in the Bidding Documents shall have the same meaning and
are synonymous to each other.
2.0 SOURCE OF FUNDS
2.1 Expenditure under this Package is intended to be funded from internal resources and/or borrowings
by the Employer.
3.0 CONFLICT OF INTEREST
3.1 Each Bidder shall submit only one bid either by himself, or as a partner in a Joint Venture or
Consortium, if so permitted in the Bidding Documents. A Bidder who submits or participates in more
than one bid in this bidding will be disqualified from the bidding.
3.2 Bidders should not be associated or have been associated in the past, directly or indirectly, with a firm
or any of its affiliates that has been engaged by the Employer to provide consultancy services for the
preparation of the design, specifications and other documents to be used for the execution of works
under this Invitation for Bids.
4.0 BIDDER’S SITE VISIT
4.0 LOCAL CONDITIONS & BIDDER'S SITE VISIT
4.1 Before tendering, the Bidder is advised to visit the site, its surroundings, assess and satisfy themselves
about the local conditions such as approach roads to the site, water and power supply, taxes, duties
and levies as applicable nature of the ground and sub-soil condition, underground water table, levels,
accommodations they may require etc., river regime, river water levels, other details of river and any
other relevant information required by them. The Bidder may obtain all necessary information as to
risks, contingencies and other circumstances which may influence or affect their tender. Bidder shall
be deemed to have considered site conditions and to have satisfied himself in all respect before quoting
his rates and terms and no claim whatsoever in this regard shall be entertained by the Owner at a later
date.
4.2 It will be imperative on each bidder to fully inform himself of all local conditions and factors which may
have any effect on the execution of the works covered under these documents. The owner shall not
entertain any request for clarifications from the bidders, regarding such local conditions.
4.3 It must be understood and agreed that such factors (as stipulated in 4.1) have properly been
investigated and considered before submitting the bid proposal. No claim for financial adjustments to
the contract awarded under these documents will be entertained by the owner. Neither any change in
the time schedule of the contract nor any financial adjustments arising thereof shall be permitted by
the owner, which are based on the lack of such clear information or its effect on the cost of the works to
the bidders.
Package: Instructions to Bidders (ITB)

Project: Patratu STPP, Phase-I(3X800 MW)
Section-II
PART B -BIDDING DOCUMENTS
5.0 CONTENT OF BIDDING DOCUMENTS
5.1 The set of Bidding Documents issued for the purpose of bidding includes one set of the following,
which should be read in conjunction with amendments, if any, issued in accordance with ITB Clause
8.0 below:
Section I Invitation for Bids (IFB)

Section II Instructions to Bidders (ITB)
Section III Bid Data Sheet (BDS)
Section IV General Conditions of Contract (GCC)
Section V Special Conditions of Contract (SCC)
Section VI Technical Specifications covering Scope of work, Reference Field Quality
Plan (RFQP), Drawings etc.
Section VII Schedule of Quantities (SOQ)
Section VIII Forms and Procedures (FP)
5.2 The Bidder is expected to examine all instructions, forms, terms, conditions, specifications , before
submission of his bid. Failure to furnish all information or documentation required by the Bidding
Documents may result in the rejection of such bids.
5.3 Bid Drawings
The Bidder is requested to refer the Technical Specification for the provisions in this regard.
6.0 CLARIFICATION OF BIDDING DOCUMENTS
6.1 A prospective Bidder requiring any clarification of the bidding documents may notify the Employer
through e-mail or in writing by post at the address indicated in Bid Data Sheet or post the query under
Clarification tab on-line. EMPLOYER will respond to any request for clarification or modification of the
bidding documents that it receives no later than last date of receipt of queries as specified in Invitation
for Bids (IFB).
EMPLOYER will post the Clarifications under Clarification/Corrigendum tab at e-tender portal and
Bidders can view these clarifications once they are posted at e-tender portal. Bidders shall be notified
through e-mail regarding posting of clarifications at e-tender portal. Bidders are also advised to
regularly check the e-tender portal regarding posting of Clarifications, if any.
7.0 PRE-BID CONFERENCE : NOT APPLICABLE
8.0 ADDENDA/CORRIGENDA/AMENDMENTS TO BIDDING DOCUMENTS
8.1 Addenda/Corrigenda/Amendments to the Bidding Documents may be issued prior to the date of
submission of the Techno-commercial bids to clarify or effect modification in specification and/or
Contract terms included in Bidding Documents. The Bidder shall suitably take into consideration such
Addenda/Corrigenda/Amendments while submitting his bid. The Addenda/Corrigenda/Amendments
shall be posted at e-tender portal for viewing by the bidder. The bidder shall be notified through e-
mail regarding posting of Addenda/Corrigenda/Amendments at e-tender portal. The
Addenda/Corrigenda/Amendments will be binding on Bidders and it will be assumed that the
information contained therein will have been taken into account by the Bidder in bid. The Bidders are
also advised to regularly check at e-tender portal regarding posting of
Addenda/Corrigenda/Amendments, if any.
8.2 In order to provide reasonable time to prospective Bidder for an Addenda/Corrigenda/Amendments

into account for preparing their bid, the Employer may, at its discretion, extend the deadline for the
submission of bid in accordance with ITB Clause 18.0.

Section-II
PART C – PREPARATION OF BID
9.0 COST OF BIDDING
9.1 The bidder shall bear all costs associated with the preparation and submission of his bid and the
Employer will in no case be responsible or liable for these costs, regardless of the conduct or outcome
of the bidding process.
10.0 LANGUAGE OF BID AND UNITS OF MEASURE
10.1 The bid and all correspondence and documents relating thereto exchanged by the Bidder and the
Employer shall be written in English language. Supporting documents and any printed literature
furnished by the Bidder may be in another language, provided they are accompanied by an appropriate
translation of pertinent passages into English, in which case, for purposes of interpretation of the bid,
the translation shall govern.
The English Translation of the documents shall be carried out by professional translators and the
translator shall certify that he is proficient in both languages in order to translate the document and
that the translation is complete and accurate. Further, translation shall be authenticated by the Indian
Consulate located in the Country where the documents have been issued or the Embassy of that
Country in India.
10.2 The units of measurement shall be the Metric system of measures, unless otherwise specified
elsewhere.
11.0 DOCUMENTS COMPRISING THE BID
11.1 Bids are invited on ‘Single Stage Two Envelope’ e-bidding basis. Bidders are required to submit proposal
on-line on e-tender portal (w ww.eprocurentpc.nic.in) by the last date and time’ of submission of Techno-
Commercial Proposal and Price Proposal as stipulated in IFB/subsequent communication from the
Employer.
11.1.1 Techno-Commercial Proposal
The Techno-commercial proposal comprises of following two categories of documents:
I. Documents to be submitted in physical form in separate sealed

envelope(s):
(a) Attachment 1: Bid Security (If specified in the NIT/Tender Enquiry):
Bid Security shall be furnished in accordance with ITB Clause 14 in a separate sealed
envelope. Bid not accompanied by the requisite Bid Security, in a separate sealed
envelope, or bid accompanied by Bid Security of insufficient value, shall not be
entertained and in such case, the bid shall be returned to the Bidder without being
opened pursuant to ITB Sub-Clause 14.4.
(a1) Attachment 1A: Tender Fee (If specified in the NIT/Tender Enquiry):
Tender Fee shall be furnished in accordance with ITB Clause 14.10 in a separate
sealed envelope. Bid not accompanied by the requisite Tender Fee in a separate
sealed envelope, or bid accompanied by Tender Fee of insufficient value, shall not be
entertained and in such case, the bid shall not be opened and rejected pursuant to ITB
Sub-Clause 14.10.

Section-II
II. Documents to be submitted on line at e-tender portal:
The Bid Form (Techno-Commercial Bid) as per Section-VIII, Part 1 of 3, duly completed
together with attachments as mentioned below shall be uploaded at e-tender portal in Fee
Cover /Pre-Qual/Technical Cover (As below):
(a) Attachment 1: Bid Security (If specified in the NIT/Tender Enquiry):

(To be given offline in physical form as above and scanned copy to be
uploaded in Fee Cover/Envelope on the portal)
Scanned copy of Bid Security [submitted in Original as per ITB Clause I(a) above and
ITB Clause 14] to be uploaded at e-tender portal in Fee Cover/Envelope.
(a1) Attachment 1A: Tender Fee (If specified in the NIT/Tender Enquiry):
(To be given offline in physical form and Scanned copy to be
uploaded in Fee Cover/Envelope on the portal)
Scanned copy of Tender Fee [submitted in Original as per ITB Clause I(a1) above and
ITB Clause 14.10] to be uploaded at e-tender portal in Fee Cover/Envelope.
(b) Attachment 2: Documents related to legal status of Bidder Qualifications:

(Scanned Copy to be uploaded in Pre-Qual/Technical Cover/
Envelope on the portal)
The Bidder and his associate (if applicable), as the case may be, shall upload scanned
copy of following declarations, information, legal documents so as to ascertain his/their
legal status and to check that the person(s) signing the bid has/have the authority to
sign the bid; and thus that the bid is binding upon the Bidder and his associate during
the full period of its validity in accordance with ITB Clause No.13.
1. In case of Sole Proprietorship Concern
i) The full name of an individual proprietor, his/her parentage, documentary proof of

his/her age, permanent address and present postal address/ contact details.
ii) Specimen signature of the Proprietor duly attested by a scheduled Bank or First
Class Magistrate.
iii) A deed of declaration by the Proprietor, that no other individual or company has
any share in the concern.
2. In case of Partnership Firm
i) Certified photocopy of the Partnership Deed, with up to date amendments (if any).
ii) Registration certificate issued by the Registrar of Firms concerned.
iii) In case of change in the constitution of the firm due to retirement or death or
addition of an incoming partner, photocopy of Deed of Dissolution, fresh
registration Certificate and the fresh / extant Partnership Deed, as applicable.
iv) Specimen signature of all the partners of the firm duly attested by a scheduled
Bank or First Class Magistrate.
3. In case of Private Limited Companies
i) Certified to be true and up to date amended copy of Memorandum and Articles of

Association of the Company.

Section-II
ii) Certificate of incorporation of the Company.
iii) Board resolution authorising the Executive Director(s) to sign the bid/ execute
contracts/agreements etc. and affix common seal thereon in accordance with the
provision of Articles of Association of the Company.
OR
Original Power of Attorney issued by Competent Officer under the common seal of
the Company, authorising the person to sign the bid/ execute
contracts/agreements etc.
iv) Specimen signatures of the Executive Director(s)/ authorised person as in (iii)

above, duly attested by a scheduled Bank or First Class Magistrate.
4. In case of Public Limited Companies and Statutory Corporations.
i) Certified to be true copy of Memorandum and Articles of Association of the

Company and/or the relevant Statute/Act.
ii) Certificate of Incorporation of the company - In case of public limited Co. only.
iii) Certificate of Commencement of Business - In case of public limited Co. only.
iv) Board resolution authorising the Director(s)/ Executive Director(s) to sign the
bid/ contracts/agreements and affix common seal thereon in accordance with
the provisions of Article of Association of the Company.
OR
Original Power of Attorney issued by Competent Officer under the common

seal of the Company authorising the person to sign the bid/ execute
contracts/agreements etc.
v) Specimen signature of the Director(s)/ Executive Director(s)/ authorised

person as in (iv) above, duly attested by a scheduled Bank or First Class
Magistrate.
5. In case of Consortium/ Joint Venture bid (Applicable in case of Consortium/ Joint

Ventures as specified in QR)
i) The information listed in Qualifying Requirements in Bidding Data Sheet shall

be submitted for each Joint Venture or Consortium partner.
ii) The bid, shall be signed so as to be legally binding on all partners;
iii) One of the partners shall be nominated as being in charge and shall be
designated as leader; this authorisation shall be evidenced by submitting with
bid, a power of attorney signed by legally authorised signatories of all the
partners;
iv) The leader shall be authorised to receive instructions for and on behalf of any
and all partners of the Joint Venture/Consortium.
The entire execution of the contract shall be done by Joint

Venture/Consortium. The records of execution of work by Partners of Joint
Venture/Consortium shall be kept at site.

Section-II
The bidder shall open a Bank Account at site in the name of Joint
Venture/Consortium and the Employer shall release all the payment into that
account.
v) All partners of the Joint Venture shall be liable jointly and severally for the
execution of the Contract in accordance with the Contract terms, and a relevant
statement to this effect shall be included in the authorisation mentioned under
(iii) above as well as in the Bid Form and in the Agreement (in the case of a
successful bid) and;
vi) Original Joint Venture / Consortium Agreement entered into by the Joint
Venture or Consortium partners shall be submitted with the bid. The Joint
Venture or consortium Agreement shall clearly specify the work and
responsibility of each partner.
vii) Satisfactory evidence of authority of the person signing on behalf of the Bidder
shall be furnished with the bid.
viii) A copy of the Partnership Deed/Memorandum of Association/Certificate of

incorporation of the prime bidder and all the Joint Venture Partners shall also
be enclosed.
(c) Attachment 3: Bidder’s Qualifications : NOT APPLICABLE
(d) Attachment 4 : EFT Form (To be uploaded in Pre-Qual/Technical Cover/Envelope

on the portal)
Electronic Fund Transfer Form duly filled in as per EMPLOYER's format.
(e) Attachment 5: General Declaration of Bidder (To be uploaded in Pre-

Qual/Technical Cover/Envelope on the portal):
Declaration that the Bidder has carefully examined the Bidding Documents in
totality and his authorised personnel have visited the site for assessment of all
factors for the purposes of bidding.
COMPLIANCE TO GENERAL TECHNICAL EVALUATION (GTE)

CONDITIONS ON-LINE:
Bidders are required to accept General Technical Evaluation (GTE) conditions on-
line while submitting their bid. Bidders may note that in case they do not accept
the GTE conditions, their bids shall not be considered and shall be rejected. The
GTE conditions are as below:
(f) Attachment 6: Compliance with the provisions of the Bidding Document

(NIL DEVIATION) [To be accepted on-line under General
Technical Evaluation (GTE) at e-tender portal]
No deviation, whatsoever, is permitted by the Employer to the provisions of

Bidding Documents. The Bidders are advised that while making their Bid
proposals and quoting prices, all conditions may appropriately be taken into
consideration. Bidders are required to certify their full compliance to the complete
Bidding Documents and its subsequent Amendment(s) / Clarification(s) /
Addenda / Errata, if any, issued by the Employer by accepting the following
General Technical Evaluation (GTE) condition at e-tender portal:
“Do you certify full compliance to all Provisions of Bid Doc”
Acceptance of above condition shall be considered as Bidder's confirmation that

Section-II
any deviation to the any Provisions found anywhere in their Bid Proposal, implicit
or explicit, shall stand unconditionally withdrawn, without any cost implication
whatsoever to the Employer, failing which the bid security shall be forfeited.
(g) Attachment 7: Declaration on Fraud Prevention Policy [To be accepted on-line

under General Technical Evaluation (GTE) at e-tender portal]:
Declaration to the effect that the Bidder shall abide by Fraud Prevention Policy of
the Employer displayed on NTPC’s website http://www.ntpctender.com indicating
his compliance to the provisions of ITB Sub-Clause 31, by accepting the following
GTE condition:
“Do you accept the Fraud Prevention Policy of NTPC”.
(h) Attachment 8: Declaration on Policy for withholding and Banning of

Business Dealings [To be accepted on-line under General
Technical Evaluation (GTE) at e-tender portal]:
Declaration to the effect that the Bidder shall abide by Banning Policy of the
Employer as enclosed with the Bidding Documents indicating his compliance to
the provisions of ITB Sub-Clause 32, by accepting the following GTE condition:
“Do you accept Withholding and Banning of Business Dealing Policy of

NTPC”.
(i) Attachment 9: Declaration regarding Safety policy of NTPC [To be accepted on-
line under General Technical Evaluation (GTE) at e-tender portal]:
Declaration to the effect that the Bidder shall abide by Safety policy of NTPC
displayed on NTPC's website http://www.ntpctender.com indicating his compliance
to the provisions of ITB Sub-Clause 30, by accepting the following GTE condition:
“Do you accept NTPC Safety Rules” .
Other Attachments, if any, shall be as stipulated in BDS.
11.1.1.1 Techno-Commercial bid should not contain any price content entry. In case, the Techno-
Commercial bid is found to contain any price content, such bid shall be liable for rejection.
11.1.2 Price Proposal:

11.1.2.1 The Bid Form (Price Proposal) as per Section-VIII, Part 2 of 3 along with BOQ.XLS Sheets, duly
completed together with attachments (As Applicable), shall be uploaded in pdf file at e-tender portal
in Finance Cover/Envelope:
11.1.2.2 Schedule of Quantities (BOQ.XLS FILE- To be uploaded on-line in Finance

Cover/Envelope)
(i) The Bidder shall fill up the prices in BOQ.XLS File enclosed with the Bidding Documents only
and upload the same at e-tender portal (www.eprocurentpc.nic.in) in Finance Cover/Envelope.
Bidders are required to refer Technical Specification/Detailed BOQ before quoting the
rates/prices in BOQ.XLS sheet for the corresponding items/works. It may be noted that
the “Item Description/Work Description” appearing in BOQ.XLS sheet, is very brief only
and is not exhaustive. In case of any discrepancies/variation in Item Description/Work
Description between Technical Specification/Detailed BOQ and BOQ.XLS File, the

Section-II
description appearing in Technical Specification/Detailed BOQ shall prevail and it would
be deemed that the bidder has read the Technical Specification, Drawings, Detailed BOQ
and other sections of Bidding Documents to ascertain full Scope of work, included in
each item , while filling the rates/prices and the entered rates /prices, shall be deemed to
include the full scope of work as per technical specification.
(ii) In the Schedule of Items / Bill of Quantities (BOQ), the unit rates and total value have been
provided by Employer for DSR items and Non-DSR items. The bidders have to quote ‘Premium
(%)’ or ‘Discount (%) in percentage (%age) over the total value on the price specified under each
schedule of the Schedule of Quantities (SOQ) for each items indicated in BOQ.XLS file. The
‘Premium (%)’ or ‘Discount (%) quoted by the bidders for DSR Items & Non-DSR Items in
BOQ.XLS file, shall only be considered, for the purpose of evaluation and award. If no value is
mentioned in premium/discount cell, it will be considered that bidder is willing to quote its offer
without any premium or discount over the rates mentioned in the bid (BOQ.XLS file) and the
same shall be applicable for that particular items.
(iii) The Bidder shall also quote the applicable GST rates for DSR items/Non-DSR items in
BOQ.XLS file (To be uploaded in Finance Cover). In case, applicable rate of GST is not
quoted by the bidder separately, the quoted price shall be considered inclusive of GST for
evaluation purpose. However, for the purpose of Award, the basic price shall be worked out
accordingly giving due consideration to actual GST rate, prevailing as on seven (7) days prior
to the deadline for submission of Techno-commercial Bids.
Also if, the quoted GST rates is lower than the actual GST rate prevailing as on seven (7) days
prior to the deadline for submission of Techno-commercial Bids, the quoted prices along with
quoted GST rate, shall be considered for evaluation purpose. However, for the purpose of
Award, the basic price shall be worked out accordingly giving due consideration to actual GST
rate, prevailing as on seven (7) days prior to the deadline for submission of Techno - commercial
Bids.
11.1.2.3 Bidders to note that Bid Form (Price Bid) along with relevant attachments and BOQ.XLS file,
should only be uploaded in the Finance Cover/Envelope on the portal. In case, the above
documents are uploaded in Fee cover/Technical Cover, such bid shall be liable for rejection.
11.1.2.4 Price Bid should not contain any matter in respect of Technical and / or Commercial aspects
other than the details specifically sought in the Price Bid. If the Technical/commercial matters
indicated in Price Bid are found to be in contradiction with the details furnished in Techno-
Commercial Bid, the details furnished in Techno-Commercial Bid shall prevail.
11.2 Filling the information in the attachments with answers like “shall be given later” “or” “shall be mutually
discussed and finalised” or “information already submitted at the time of enlistment” etc. shall not be
accepted. Even if the information required in the attachments has been given in response to any other
recent invitation for bids of the Employer or in some other reference, it is mandatory for the Bidder to
give the information along with his bid as asked for. Non-compliance with the above or leaving the
attachment(s) blank may lead to the rejection of the bid. The information furnished by the Bidder should
be consistent, correct and true. The Employer reserves the right to verify the information given and if
found incorrect, the bid may be rejected.
12.0 BID PRICES AND PRICE BASIS
12.1 The currency of the bid and currency of payment shall be Indian Rupees.
12.2 The Bidder shall fill in unit rates/prices for all items of works described in the Schedule of Quantities
in BOQ.XLS file. The rates/prices quoted in the Schedule of Quantities shall also be deemed to include
any incidentals not shown or specified, but reasonably implied or nec essary for the proper completion
and functioning of the specified works in accordance with the Bidding Documents. Items of the work
described in the Schedule of Quantities for which no rate/price has been entered therein by the Bidder
shall also be considered as abnormally quoted item and shall be governed by the relevant provisions
of the ITB Sub-Clause 23.4.

Section-II
12.3 The rates/amount quoted in the Schedule of Quantities (BOQ.XLS file) shall be inclusive of all Taxes,
duties, levies, fees, royalty, etc., except Goods and Goods and Service Tax (GST). The Goods and
Services Tax (GST) applicable on all items of Works described in the Schedule of Quantities shall be
quoted separately in BOQ (Price bid) and declared in Attachment entitled "Taxes & Duties". The GST
quoted by the bidder shall be as applicable in the Employer's country as on seven (7) days prior to the
deadline for submission of Techno-commercial bid. Further, in case, applicable rate of GST is not
quoted by the bidder separately, the quoted price shall be considered inclusive of GST for evaluation
purpose. However, for the purpose of Award, the basic price shall be worked out accordingly giving
due consideration to actual GST rate, prevailing as on seven (7) days prior to the deadline for
submission of Techno-commercial Bids.
Also if, the quoted GST rates is lower than the actual GST rate prevailing as on seven (7) days prior to
the deadline for submission of Techno-commercial Bids, the quoted prices along with quoted GST rate,
shall be considered for evaluation purpose. However, for the purpose of Award, the basic price shall
be worked out accordingly giving due consideration to actual GST rate, prevailing as on seven
(7) days prior to the deadline for submission of Techno-commercial Bids.
Due Input Tax credits under GST as per the relevant Govt. Policy, wherever applicable, shall be taken
into account by the Bidder while quoting his price.
12.4 The award of the contract shall be on ‘Works Contract’ basis. The employer shall bear and
pay/reimburse to the contractor Goods and Service Tax (GST) applicable on the items of Works
Contract described in the Schedule of Quantities. However, the taxes, duties & levies as may be
applicable on the materials used for Works Contract shall be to the Contractor’s account and no
separate claim in this regard shall be entertained by the Employer. Further, in case of any variation in
the rates of the GST after the date Seven (7) days prior to the deadline set for submission of the
Techno-commercial bids, the same shall be paid/ reimbursed to/ recovered from the Contractor,
subject to submission of documentary evidence.
12.5 It shall be incumbent upon the successful Bidder to obtain a registration certificate under the GST Law
and other law(s) relating to levy of tax, duty, cess etc. and necessary evidence to this effect shall be
furnished by the successful Bidder to the Employer. The successful Bidder shall obtain necessary
permits under the applicable law for the mining/quarrying of soil/earth, sand, stone/aggregates, metals,
minerals or minor minerals required for the Works (if he so desires), as the case may be from the
State/Central Government authorities and pay the fee or charges applicable, thereto.
12.6 The Bid price shall also be inclusive of any Royalties or Seigniorage fee or Cess or other charges
payable on the quarried or mined metal, minerals or minor minerals, as the case may be, at the rate(s)
prevailing as on seven (7) days prior to the date of Techno-Commercial bidopening.
12.7 If a new tax, duty or levy is imposed under statute or law in India after the date seven (7) days prior to
the date of Techno-commercial bid opening and the Successful Bidder becomes liable there under to
pay and actually pays the new tax, duty or levy for bonafide use on the Works contracted, the same
shall be reimbursed to the successful Bidder against documentary evidence of proof of payment,
provided that the amount thus claimed is not paid/payable under price variation provision of the
Contract.
12.8 The payment/reimbursement of statutory variations in the rates of Tax and/or of new tax, duty or levy
imposed under statute or law in India as per ITB Sub-Clauses 12.4, 12.5, 12.6 and 12.7 above would
be restricted only to direct transactions between the Employer and the Successful Bidder.
12.9 The Employer shall be entitled to make necessary tax deductions at source as per the prevalent laws.
The Contractor shall be required to submit the PAN details to the Engineer in-charge before
submission of the first bill.
12.10 The Bidder shall himself be informed of all the applicable laws, notifications, rules, circulars and other
communications of the State or Central or other authorities with regard to levy of any tax, duty, cess,
levy or fee such that his bid prices take into account all of them.
12.11 Unless otherwise provided in the Technical specifications and Special Conditions of Contract, the rates
and prices quoted by the Bidder shall be on FIRM PRICE BASIS during execution and completion and
additional claim on account of this shall not be entertained by the owner.

Page 10 of 21
Section-II
13.0 BID VALIDITY
13.1 The Bidder shall keep his bid valid for a period of One Eighty (180) days from the date of opening of
the bid, unless otherwise specified in the document, during which period the Bidder agrees not to vary,
alter or revoke his bid either in whole or in part.
13.2 In exceptional circumstances, prior to the expiry of the original bid validity period, the Employer may
request the Bidders to extend the period of validity for a specified additional period. The request and
the responses thereto shall be made in writing. A Bidder agreeing to the request will not be permitted
to modify his bid, but will be required to extend the validity of his bid security for the period of extension.
14.0 BID SECURITY / GUARANTEE / EARNEST MONEY/TENDER FEE
14.1 The Bidder shall furnish, as part of its bid, a Bid Security in the amount as stipulated in the Bid Data
Sheet, in a separate envelope, super scribed on the top as under:
“ORIGINAL EARNEST MONEY DEPOSIT FOR ………………………… (NAME OF PACKAGE)

SPECIFICATION NO. ………………….. DUE ON ……… (DATE OF BID OPENING) FROM
……………………………. (NAME OF THE BIDDER).”
14.2 The Bid Security/Earnest Money Deposit (EMD) shall, at Bidders option, be in the form of Electronic
Fund Transfer (EFT)/ irrevocable Letter of Credit or a bank guarantee from any of the
banks specified in the Bid Data Sheets.
For the Bid Security amount up to Rs. 1,00,000/- (Rupees One Lacs only), the Bidders must
submit the Bid Security amount through Electronic Fund Transfer (EFT) only.
E Reiceipt /UTR of successful e-payment of the Bid Security on the PVUN Account , is to be
submitted by the bidder as a part of its bid, in the e-tendering portal or in a separate sealed
envelope, as a proof of e-payment of Bid Security.
EMD in the form of Bank Guarantee to be submitted only if the EMD amount is more the Rs.
1Lakh.
The format of the Bank Guarantee towards EMD shall be in accordance with the form of EMD
included in the Bidding Documents. The EMD shall remain valid for a period of forty five (45) days
beyond the original Bid validity period or beyond any extension in the period of Bid validity
subsequently requested.
14.3 The Bid Security shall remain valid for a period of forty-five (45) days beyond the original Bid validity
period or beyond any extension in the period of Bid validity subsequently requested. The Bank
Guarantee Verification Checklist duly filled in as per format given in the Bidding Documents will also
submitted in this regard. Bidder shall ensure that all the points of check list are replied in "Yes".
14.4 The Bid Security in Original shall be submitted in a separate sealed envelope before the stipulated
bid submission closing date and time. In case acceptable Bid Security in a separate sealed envelope
is not received then online Bid shall be rejected by EMPLOYER as being non-responsive and shall
not be opened.
14.5 The EMD of the Bidders whose Technical Bid has not been found acceptable, shall be returned
along with letter communicating rejection of Technical Bid. The EMD of all the Bidders except
recommended/evaluated L-1 bidder, whose price bids are opened, shall be returned immediately
after finalization of evaluation of report/recommendations by the Tender Committee (TC) whether the
recommendation of TC is for award/ negotiation/annulment.
An intimation in this regard shall also be sent to all such bidders, after return of their EMD, through
e-tendering system/e-mail by the concerned executive.
14.6 The Bid Security of the successful Bidder to whom the contract is awarded will be returned when
the said Bidder has signed the Contract Agreement pursuant to the ITB Clause titled “Signing the
Contract Agreement” and has furnished the required Performance Securities pursuant to ITB
Clause titled “Performance Security”.
14.7 The Bid Security shall be forfeited in any of the following circumstances without any notice or proof
of damage to the Employer:
(a) If the Bidder withdraws or varies his bid during the period of Bid validity.
(b) If the successful Bidder does not accept the correction of its Bid Price pursuant to ITB Sub-
Clause 23.2
(c) If the successful Bidder refuses to withdraw, without any cost to the Employer, any deviation
to bidding documents found anywhere in the bid.
(d) If the successful Bidder fails within the time limit specified to accept the award of Contract or
fails to furnish the required Contract Performance Security in accordance with ITB Clause 27.
(e) If the bidder/ his representative commits any frauds while competing for this Contract pursuant
to the Fraud Prevention Policy of NTPC.
(f) In case the bidder is disqualified from the bidding process in terms of section 3 & 4 of Integrity
Pact.
14.8 No interest will be payable by the Employer on the said amount covered under Bid security.
15.0 WORK SCHEDULE
The entire work covered under the contract of this bid shall be completed within the time specified
in the Bid Data Sheet and further elaborated in the Technical Specifications. The work shall be
performed in time and to achieve the targets, the Contractor shall have to plan adequate
mobilisation of all resources. List of equipment, construction methodology, site organisation setup
and a detailed work schedule shall be discussed with the successful Bidder before the award of the
Contract and agreed to and such agreed Work Schedule shall form part of Letter of Award.
16.0 FORMAT AND SIGNING OF BID
The bid including all documents uploaded in the on‐line bid shall be digitally certified
by a duly authorised representative of the Bidder to bind him to the contract using Class II
or Class‐III digital signature (in the name of designated individual with Organisation
name). The Digital Signature shall be as per Indian IT Act from the licensed Certifying Aut
horities (CA) operating under the Root Certifying Authority of India (RCAI) namely Control
ler of Certifying Authorities (CCA) of India. An authorisation letter/power of attorney
indicating that the person signing the bid has the authority to sign the bid is to
be submitted in Physical form and copy uploaded as part of the
Techno‐commercial Bid.
PART D - SUBMISSION OF BID
17.0 SEALING AND MARKING OF BID
Bid shall be submitted through e-tender mode in the manner specified elsewhere in bidding
document. No Manual/ Hard Copy of the Bid shall be acceptable.
Bidder should note that no zip/rar/compressed file is to be uploaded online. Further, file
related to a particular Attachment/Schedule including their annexure/ appendices, if any,
shall be given name of that Attachment/Schedule only. Bidders to further ensure that
documents uploaded online are being downloaded properly; Employer shall not be
responsible for corrupt files, if any.
17.1 Documents to be submitted in physical form (as brought out at ITB clause 11.1.1) shall be sealed
and marked in the following manner:
(i) The bid security, furnished in accordance with ITB Clause 14, shall be sealed in a separate
envelope duly marking the envelope as “ATTACHMENT-1: BID SECURITY”.
The envelopes shall then be sealed in an outer envelope.
17.2 The inner and outer envelopes shall:
(a) be addressed to the Employer at the address given in the Bid Data Sheet, and
(b) bear the Package name indicated in the Bid Data Sheet, the Invitation for Bids number indicated
in the Bid Data Sheet, and the statement “DO NOT OPEN BEFORE [date],” to be completed
with the time and date specified in the Bid Data Sheet, pursuant to ITB clause 21.0.
17.3 The inner envelopes shall also indicate the name and address of the Bidder.
17.4 If the outer envelope is not sealed and marked as required by ITB Sub-Clause 17.2 above, the
Employer will assume no responsibility for its misplacement.
17.5 Any future correspondence shall be submitted at the address referred at ITB Sub-Clause 17.2.
18.0 DEADLINE FOR SUBMISSION OF BID
18.1 Bids must be submitted online no later than the time and date stated in the Bid Data Sheet. Original
Bid Security,Integrity pact / Deed of Joint Undertaking/JV Agreement (as applicable) and Power of
Attorney shall be submitted in physical form before stipulated bid submission time at the addres s
specified in BDS. Employer shall not be liable for loss/non-receipt/late receipt of above documents in
postal transit.
18.2 EMPLOYER may, at its discretion, extend this deadline for submission of bids by amending the bidding
documents in accordance with ITB Sub-Clause 8.0, in which case all rights and obligations of Employer
and Bidders will thereafter be subject to the deadline as extended.
19.0 LATE BIDS: Not Accepted.
20.0 MODIFICATION, SUBSTITUTION AND WITHDRAWAL OF BIDS
20.1 The Bidder may modify or withdraw its bid after submission. In case of withdrawal, a letter giving the
reason for withdrawal, is to be uploaded.
20.2 Bidder can modify its bid any number of times before the deadline of bid submission.
20.3 Bidder can withdraw its bid before the deadline for bid submission but bid once withdrawn cannot be
re-submitted.
20.4 Withdrawal, cancelling or varying any terms in regard thereof of a bid during the interval between the
deadline for the submission of Bids and the expiration of the period of bid validity specified in ITB
Clause 13.0 above shall result in the forfeiture of the Bid Security pursuant to ITB Clause 14.0 above.
PART E - BID OPENING AND EVALUATION
21.0 BID OPENING
The bids will be opened at the time, date and location notified in the Bid Data Sheet, in the presence
of the Bidder’s authorized representatives (not exceeding two per Bidder) who choose to attend. All
important information and any such other detail, as may be considered appropriate by the Employer
will be read out during the bid opening.
21.1 Techno-Commercial Bid Opening
The Employer will first open the Techno‐Commercial Bid in the presence of bidders' representatives
who choose to attend the opening at the time, on the date and at the place specified in the tender
enquiry/NIT. In theevent of the specified date for the opening of bids being declared a
holiday for EMPLOYER, the bidswill be opened at the appointed time on the next working day.
All important information and other such details as EMPLOYER, at its discretion, may consider
appropriate, will be announced at the opening.
The envelope containing Earnest Money Deposit, Tender Fee, Authority/Power Attorney to sign
the bid & Integrity Pact received off line (except in those cases where EMD, Tender Fee & Integrity
Pact is not applicable) shall be opened first. Based on the Earnest Money Deposit/EMD, Tender
Fee, Authority/Power Attorney to sign the bid & Integrity Pact received, Employer shall allow only
those on line bids to be opened whose EMDs, Tender Fee and Integrity Pact (if applicable)
have been received in PVUNL and are adequate and acceptable as per
conditions of the bid document. Any other document specified to be submitted along with EMD
shall also have to be submitted. In case requisite Earnest Money Deposit pursuant to ITB Clause
16.0, and/or Integrity Pact (IP) as per provision of Integrity Pact specified in SCC are not
submitted before the stipulated bid submission closing dateand
time then Bid shall be rejected by EMPLOYER as being non‐responsive and shall not be opened.
Any other document specified in SCC to be submitted along with EMD shall also have to be
submitted, failing which Bid shall be rejected by EMPLOYER as being non‐responsive and shall n
ot be opened.
QR (if applicable) and Technical Bid shall be opened together for evaluation.
In case of Single Stage Two Envelope bidding, the Price Bid will remain unopened and the date a
nd time for opening of price bids shall be intimated separately by EMPLOYER after completion
of evaluation of Techno‐Commercial Bids.
21.2 Price Bid Opening
21.2.1 In case of Single Stage Single Envelope bidding, the Price Bid will be opened on the
date and time for opening of bids specified afteropening of Techno‐commercial bids as specified
above.
21.2.2 In case of Single Stage Two Envelope bidding, after the evaluation process of Techno‐Commercial
bid is completed, Employer will inform by email the eligible Bidders regarding date and time set for
the opening of Price Bid. Bidders, whose Techno‐Commercial Bid is not substantially responsive,
their Technical Bid shall be rejected and their Price bid will also be rejected & shall not be opened
and their Earnest Money Deposit shall be returned.
Price bids of those Bidders, who have been considered qualified and whose Techno‐commercial
Bid is found to be responsive, will be opened online in presence of the Bidder's authorised
representatives who choose to attend.
21.2.3 The participating bidders will be able to view the bid prices of all the bidders at e-tender portal
after online opening of Price Bids by Employer.
22.0 CLARIFICATION OF BIDS
Bidder's attention is drawn that during the period, the bids are under consideration, the Bidder is
advised to refrain from contacting by any means, the Employer and/or his employees/representatives
on matters related to the bids under consideration. Any effort by a Bidder to influence the Employer's
processing of bids or award decisions will result in the rejection of the Bidder's bid.
During the bid evaluation, the Employer may, at its discretion, ask the Bidder for a clarification of its
bid including documentary evidence pertaining to only the reference works declared in the bid for the
purpose of meeting Qualifying Requirement specified in Bid Data Sheet. The request for clarification
and the response shall be in writing and no change in the price or substance of the bid including
substitution of reference works in the bid by new/additional works for conforming to Qualifying
Requirement shall be sought, offered or permitted.
23.0 EVALUATION AND COMPARISON OF BIDS
23.1 EVALUATION OF TECHNO-COMMERCIAL PROPOSALS INCLUDING QUALIFICATION DATA

23.1.1.1 The Employer will initially determine whether each Techno-Commercial bid is of acceptable quality,
is generally complete and is substantially responsive to the Bidding Documents. For purposes of this
determination, a substantially responsive bid is one that conforms to all the terms, conditions and
specifications of the Bidding Documents without material deviations, objections, con ditionality or
reservations. A material deviation, objection, conditionality or reservation is one (i) that affects in any
substantial way the scope, quality or performance of the contract; or (ii) that limits in any substantial
way, inconsistent with the Bidding Documents, the Employer’s rights or the Bidder’s obligations under
the contract; or (iii) whose rectification would unfairly affect the competitive position of other Bidders
who are presenting substantially responsive bids.
23.1.1.2 Compliance with the provisions of the bidding document
No deviation, whatsoever, is permitted by the Employer to the provisions of Bidding Documents. The
Bidders are advised that while making their Bid proposals and quoting prices, all conditions may
appropriately be taken into consideration. Bidders are required to certify their full compliance to the
complete Bidding Documents and its subsequent Amendment(s) / Clarification(s) / Addenda / Errata,
if any, issued by the Employer by accepting the following General Technical Evaluation (GTE)
condition at e-tender portal:
“Do you certify full compliance to all Provisions of Bid Doc”
Acceptance of above condition shall be considered as Bidder's confirmation that any deviation to the
any Provisions found anywhere in their Bid Proposal, implicit or explicit, shall stand unconditionally
withdrawn, without any cost implication whatsoever to the Employer, failing which the bid security
shall be forfeited.
23.1.1.3 The Employer’s determination of a bid’s responsiveness is to be based on the contents of the bid
itself without recourse to extrinsic evidence. If a bid is not substantially responsive, it will be rejected
by the Employer, and may not subsequently be made responsive by the Bidder by correction of the
nonconformity.
23.1.2 Bidders shall certify their compliance on "Qualifying Requirements" of Employer by accepting the
following General Technical Condition (GTE) at e-tender portal:
“Do you certify full compliance on Qualifying Requirements ”
Acceptance of above attribute shall be considered as bidder's confirmation to the following

conditions:
(a) The number of reference Plants/Orders quoted by Bidder in Attachment-3A of the bid, for
establishing compliance to the specified Qualifying Requirement (QR), are in accordance with
the provision specified in Bid Data Sheet.
(b) The reference Plants/Orders/declared, shall only be considered for evaluation / establishing
compliance to Qualifying Requirement (QR). Any reference Orders declared more than as
specified in Bid Data Sheet shall not be considered for evaluation/establishing compliance to
Qualifying requirements.
(c) No change or substitution in respect of reference Plants/Orders for meeting the specified
Qualifying Requirement (QR) shall be offered by the bidder.
The Employer, by the examination of Techno-Commercial Proposal, will determine to its satisfaction
whether the participating bidders are qualified to satisfactorily perform the contract in terms of the
qualifying requirements stipulated in the Bid Data Sheet. The determination will take into account the
bidder’s financial and technical capabilities, in particular its contracts, works in hand, future
commitments and current litigation. It will be based upon an examination of documentary evidence of
bidder’s qualification submitted by the bidder in Attachment-3 to the Bid Form of Techno- Commercial
Proposal as well as such other information as the Employer deems necessary and appropriate. The
bidder shall furnish required information promptly to the Employer. The Employer
will shortlist the Bidders meeting the stipulated Qualifying Requirements.
23.1.3 An affirmative determination will be a prerequisite for opening of Price Proposal. A negative
determination will result in rejection of the Bidder’s Techno-Commercial Bid in which event the earlier
submitted Price Bid of the Bidder shall not be opened.
23.1.4 The capabilities of the vendors and subcontractors, proposed in Attachment-7, may also be
evaluated for acceptability. Should a vendor or subcontractor be determined to be unacceptable, the
bid will not be rejected, but the Bidder will be required to substitute an acceptable vendor or
subcontractor without any change in the bid price quoted in Price Proposal.
23.1.5 The Employer will then carry out the evaluation of Techno-Commercial Proposals (of the qualified
bidders short listed as above) on the basis of their responsiveness to the scope of services, Technical
Specification and other terms and conditions specified in the Bidding Documents to ascertain whether
Techno-Commercial bid is generally complete, whether required securities have been furnished,
whether documents have been properly signed, whether bids are generally in order and are
substantially responsive.
23.1.6 The Employer will carry out a detailed evaluation of Techno-commercial Bids in order to determine to
be substantially responsive whether the technical aspects are in accordance with the requirements
set forth in the bidding documents. In order to reach such a determination, the Employer will examine
and compare the technical aspects of the bids on the basis of the information supplied by the bidders,
taking into account the following factors:
(a) Overall completeness and compliance with the Technical Specifications and tender Drawings;
and quality, function and operation of any process control concept included in the bid. The bid
that does not meet acceptable standards of completeness, consistency and detail will be
rejected for non-responsiveness.
(b) Any other relevant factors listed in the General Conditions of Contract, Special Conditions of
Contract and Instruction to Bidders, or that the Employer deems necessary or prudent to take
into consideration.
(c) Compliance with the time schedule as specified in the bidding documents.
(d) Functional Guarantees of the facilities as specified in Bid Data Sheet.
23.1.6.1 Bidder may note that deviations, variations and additional conditions etc. or any mention contrary
to the bidding documents read in conjunction with Amendment(s)/ Clarification(s)/ Addenda/ Errata
(if any) found anywhere in the Techno-Commercial and/or, Price Bid, implicit or explicit shall not be
given effect to in evaluation and the same shall stand unconditionally withdrawn by the bidder
without any cost implication to the Employer; failing which the bid security shall be forfeited.
23.1.7 Post Bid Discussions:
The Employer, at its discretion, may hold post bid discussions with any one or all the bidders at a
mutually suitable date & time. However, it will not be construed from invitation/ holding of post bid
discussions that the bidders have been considered eligible for opening of their Price Bid. The
discussion will cover all the aspects of bidder's offer in the Techno-commercial proposal.
23.2 OPENING OF PRICE PROPOSAL AND EVALUATION
23.2.1 After the evaluation process of Techno-Commercial bid is completed, the Employer will inform in
writing the eligible Bidders regarding date, time and venue set for the opening of Price Proposals.
Bidders, whose Techno-Commercial Bid is not substantially responsive, shall also be informed in
writing and their Price proposal will be rejected and their bid security shall be returned prior to
opening of price bids of other qualified bids.
23.2.2 Price Proposals of those Bidders, whose Techno-Commercial Proposal found to be substantially
responsive, will be opened in presence of the Bidder’s authorized representatives (not exceeding
two per Bidder) who choose to attend. All important information and any such other detail, as may
be considered appropriate by the Employer will be read out during the bid opening.
23.2.3 The Employer will determine whether the Price Proposals are complete, (i.e. whether they have
taken into account cost of all services/items of the corresponding Techno-Commercial proposals,
if not, the Employer will add cost of the same to the initial price) and correct any computational
errors.
23.2.4 Arithmetical errors in the Price Proposals will be rectified on the following basis:
If on check there are found to be differences between the rates/prices given by the Bidder in words
and figures or in the amount worked out by him in each section of the Schedule of Quantities and
in the Grand total of all the sections of Schedule of Quantities, the same shall be adjusted in
accordance with the following rules:
(a) In the event of a discrepancy between description in words and figures in respect of item
rates quoted by a Bidder, the description in words shall prevail.
(b) In the event of an error occurring in the amount column of Schedule of Quantities as a result
of wrong extension of the quantity and the unit rate, the units shall be regarded as firm and
extension shall be amended on the basis of the unit rate.
(c) All errors in totalling in the amount column and in carrying forward totals shall be corrected.
(d) The totals of various sections of Schedule of Quantities amended shall be carried over to the
General Summary and the bid sum amended accordingly. The bid sum so altered shall, for
the purpose of bid, be substituted for the sum originally bid and considered for evaluation and
comparison of the bids and also for acceptance of the bid, instead of the original sum quoted
by the Bidder.
23.3 The evaluation shall be based on the evaluated cost of fulfilling the contract in compliance with all
commercial, contractual and technical obligations under this Bidding Document. The Employer’s
evaluation of a bid will also take into account the GST specified by the Bidder in its Bid (applicable
on the items of Works described in Schedule of Quantities), which will be added to each bidder’s
bid price to arrive at an “Evaluated Bid Price”. Further, in case applicable rate of GST is not quoted
by the bidder separately, the quoted price shall be considered inclusive of GST rate prevailing as
on seven (7) days prior to the deadline for submission of Techno-commercial Bids, for evaluation
purpose. Also if, the quoted GST rates is lower than the actual GST rate prevailing as on seven
(7) days prior to the deadline for submission of Techno-commercial Bids, the quoted prices along
with quoted GST rate, shall be considered for evaluation purpose. However, for the purpose of
Award, the basic price shall be worked out accordingly giving due consideration to actual GST
rate, prevailing as on seven (7) days prior to the deadline for submission of Techno-commercial
Bids.
23.4 ABNORMALLY HIGH OR LOW RATED ITEMS
If the rates/prices quoted by the successful bidder for certain items of the Bill of Quantities
(wherever such rates/prices have been called for in the bids,) are found to be having a variation
of +/-25% or above in relation to Employer’s estimate of the cost of work to be performed
under the contract, then such items of works shall be identified as abnormally high rate (AHR) or
abnormally low rate (ALR).
After evaluation of the rates/prices analysis which includes early cash flow analysis,
Employer/PVUNL may require that amount of Performance Security be increased at the
expense of the recommended bidder by 25% of the value of variation in respect of ALR item, to
protect Employer against financial loss in the event of default by the contractor under the contract,
to carry out such low rated items of works if award is placed on recommended bidder. Further,
the Employer/PVUNL may require the contractor to provide a suitable undertaking to execute
the items of works to complete the entire work under the contract.
The items for which performance security is enhanced shall be identified separately in the
contract. Upon execution of such identified items, the enhanced value of Performance
security will be reduced every three months on a pro –rata basis.
PART F - AWARD OF CONTRACT
24.0 AWARD CRITERIA
Subject to ITB Clause 25.0, the Employer will award the Contract to the Bidder whose bid has been
determined to be substantially responsive to the Bidding Documents and whose bid has been
adjudged as the lowest evaluated bid, provided that such Bidder has been determined to be qualified
to perform the contract satisfactorily. Further, in case, applicable rate of GST is not quoted by the
bidder separately, the quoted price shall be considered inclusive of GST for evaluation purpose.
However, for the purpose of Award, the basic price shall be worked out accordingly giving due
consideration to actual GST rate, prevailing as on seven (7) days prior to the deadline for submission
of Techno-commercial Bids.
Also if, the quoted GST rates is lower than the actual GST rate prevailing as on seven (7) days prior
to the deadline for submission of Techno-commercial Bids, the quoted prices along with quoted GST
rate, shall be considered for evaluation purpose. However, for the purpose of Award, the basic price
shall be worked out accordingly giving due consideration to actual GST rate, prevailing as on seven
(7) days prior to the deadline for submission of Techno-commercial Bids.
25.0 EMPLOYER’S RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDS
Notwithstanding ITB Clause 24.0, the Employer reserves the right to accept, (whole or in part) and the
Bidder shall be bound to perform the same at his quoted rate, or reject any bid for any reason s
including national defense and security consideration and to annul the bidding process and to reject
all bids at any time prior to award of contract without thereby incurring any liability to the affected
Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the
Employer’s action. Decision of Employer shall be final and binding in this regard.
26.0 LETTER OF AWARD
26.1 Prior to the expiration of the bid validity prescribed by the Employer, the Employer will issue a Letter
of Award (LOA) to the successful Bidder containing reference of the documents which form the
Contract, Scope of Work, Contract Price, period of completion of the Works, terms of payment, price
adjustment, and other important aspects in consideration of the execution and completion of the Works
and the remedying of any defects therein by the Contractor as prescribed by the Contract.
26.2 This Letter of Award will constitute the formation of the Contract.
27.0 CONTRACT PERFORMANCE SECURITY / INITIAL CONTRACT PERFORMANCE SECURITY
27.1.1 Within twenty-one (21) days from the date of Letter of Award/Purchase Order, the successful Bidder
shall furnish to the Employer a Contract Performance Guarantee (CPG) towards faithful performance
of the Contract for an amount equivalent to 10% of the Contract Price. Alternatively, the successful
Bidder may furnish the Contract Performance Guarantee in two Stages viz. A Contract Performance
Guarantee for an amount equivalent to 5% of the Contract Price within twenty-one (21) days from the
date of Letter of Award to be followed up with another Contract Performance Guarantee for an amount
equivalent to 5% of the Contract Price prior to the scheduled completion of 50% of total scope of work.
27.1.2 The successful Bidder also has the option to furnish an Initial Contract Performance Guarantee (ICPG)
equivalent to a minimum of 2% of the Contract Price. In case of the successful Bidder who furnishes
Initial Contract Performance Guarantee, the Employer shall at the time of making any payment to him
for the work done under the Contract, deduct towards the Contract Performance Security an amount
equivalent to 10% of the gross bill amount accepted for payment until the total amount of Contract
Performance Security so deducted including the amount of Init ial Contract Performance Guarantee
becomes equal to 10% of the Contract Price.
27.2 The CPG/ICPG shall be in the form of a Bank Guarantee issued by a Bank as per the list enclosed in
the Bidding Documents. The format of the said bank guarantee shall be in accordance with the format
included in the Bidding Documents.
27.3 While issuing the physical BG(s), the Bidder’s Bank shall also send electronic message to Employer’s
Beneficiary Bank, pursuant to ITB sub-clause titled ‘Confirmation of BG through Structured Financial
Messaging System (SFMS)/SWIFT’.
28.0 SIGNING OF CONTRACT AGREEMENT
28.1 The Successful Bidder/ Contractor shall enter into a Contract Agreement with the Employer within
forty-five (45) days from the date of Letter of Award or within such other time, as may be desired by
the Employer.
28.2 Manner of Execution of Contract Agreement
I. Unless and until a formal contract is prepared and executed, the Letter of Award read in
conjunction with the Bidding Documents will constitute a binding contract.
II. The Contract Agreement shall be prepared by the Employer and signed at the office of the
Employer. The Contract Agreement will be signed in three originals and the Contractor shall
be provided with one signed original copy and the other two originals will be retained by the
Employer.
III. The Contract Agreement shall comprise of the following:
(a) The Contract agreement along with its appendices, namely,
1. Invitation for Bids (IFB),

2. General Conditions of Contract, including any amendment/ errata thereto,
3. Special Conditions of Contract, including any amendment/ errata thereto,
4. The bid submitted by the Bidder i.e. Bid Form along with its Attachments and
Schedule of Quantities
5. Technical Specifications and Bid Drawings, including any amendment/ errata
thereto.
(b) Agreed Quality Assurance Plan
(c) Letter of Award along with its appendices.
IV. The Contractor shall provide free of cost to the Employer all the engineering data, drawings
and descriptive materials submitted as a part of his bid, in at least three(3) copies to form an
integral part of the Contract Agreement within twenty-eight (28) days after issuing of Letter of
Award. The Contractor shall further provide for signing of the Contract Agreement as per
prescribed proforma enclosed in the Bidding Documents, appropriate Power of Attorney and
the requisite stamp papers. Any other documents required for the preparation of the Contract
Agreement shall be provided by the Employer.
V. Unless and until the Contract Agreement is signed as above, no payments under the Contract
as per GCC Clauses entitled ‘Payment On Account/Progressive Interim Payments’ and ‘Time
Limit for Payment of Final Bill’ shall be released to the Contractor by the Employer nor any
materials shall be issued to the Contractor as stipulated in the Special Conditions of Contract
or otherwise agreed to be issued by the Employer.
VI. Subsequent to signing of the Contract agreement, the Contractor at his own cost shall provide
the Employer with thirty (30) copies of electronic version of the signed Contract Agreement on
CD-ROM within twenty (20) days of its signing.
29.0 INELIGIBILITY FOR FUTURE TENDERS
Notwithstanding the provisions regarding forfeiture of Bid Security specified in ITB Sub-Clause 14.7, if
a Bidder after having been issued the Letter of Award, either does not sign the Contract Agreement,
or does not submit an acceptable Initial Security Deposit/Entire Security Deposit in line with the
provisions of the Contract and which results in tender being annulled then such bidder shall be treated
ineligible for participation in re-tendering of this particular package.
30.0 ADHERENCE TO NTPC SAFETY RULES
The Bidder/Contractor along with its associate / collaborator / sub-contractors / sub-vendors /

consultants / service providers shall follow NTPC Safety Rules as issued from time to time with respect
to safety in construction & erection, which is displayed on its website
http://www.ntpctender.com. It is also envisaged that the Contractor will have a documented Safety
Policy of his own in line with the NTPC Safety Rules, which shall be reviewed and incorporated in the
Contract.
31.0 ADHERENCE TO FRAUD PREVENTION POLICY
The Bidder along with its associate / collaborator / subcontractors / sub-vendors / consultants / service
providers shall strictly adhere to the Fraud prevention policy of NTPC displayed on its tender website
http://www.ntpctender.com and shall immediately apprise the Employer/NTPC about any fraud or
suspected fraud as soon as it comes to their notice. A certificate to this effect shall be furnished by the
bidder along with his bid. If in terms of above Policy, it is established that the Bidder/His representatives
have committed any fraud while competing for this Contract then the Bid Security of the Bidder shall
be forfeited.
32.0 Policy for withholding and Banning of Business Dealing
The Employer has in place a Policy for withholding and Banning of Business Dealings as enclosed at
Special Conditions of Contract (SCC) of the Bidding Documents. Business dealings may be withheld
or banned with the Bidder/Contractor on account of any of the grounds and following the procedures
as detailed in the said banning policy for withholding and Banning of Business Dealings.
33. BENEFITS TO MSEs IF APPLICABLE:

Micro and Small Enterprises (MSEs) registered with District Industries Centres or Khadi
and Village Industries Commission or Khadi and Village Industries Board or Coir Board
or National Small Industries Corporation or Directorate of Handicrafts and Handloom
or any other body specified by Ministry of Micro, Small and Medium Enterprises as per
MSMED Act 2006,for goods produced and services rendered, shall be issued the bid
documents free of cost and shall be exempted from paying Earnest Money Deposit.
Further, in case of tenders where splitting of quantity is possible, participating MSEs
quoting price within price band of L1 + 15 percent shall also be allowed to supply a
portion of requirement by bringing down their price to L1 price in a situation where L1
price is from someone other than a Micro and Small Enterprise and such Micro and
Small Enterprise shall be allowed to supply up to 25 percent of total tendered value. In
case of more than one such MSE, the supply will be shared proportionately (to tendered
quantity).
However, in case of tenders where splitting of quantity is not possible, participating
MSEs quoting price within price band of L1 + 15 percent shall be allowed to execute the
package by bringing down their price to L1 price in a situation where L1 price is from
someone other than a Micro and Small Enterprise. The award shall be made as follows:
a) Award shall be given to L1 bidder if L1 bidder is a MSE.
b) In case L1 bidder is not a MSE, then all the MSE vendor(s) who have quoted within
the range of L1 + 15%, shall be given the opportunity in order of their ranking
(starting with the lowest quoted MSE bidder and so on) to bring down its price to
match with L1 bidder. Award shall be placed on the MSE vendor who matches the
price quoted by L1 bidder.
c) If no MSE vendor who has quoted within range of L1 + 15% accepts the price of
L1 bidder then the award shall be made to the L1 bidder.
The benefit as above to MSEs shall be available only for Goods/Services produced &
provided by MSEs.
MSEs seeking exemption and benefits should enclose a attested/self-certified copy of
registration certificate as a part of his bid, giving details such as stores/services,
validity (if applicable) etc. failing which they run the risk of their bid being passed over as
ineligible for the benefits applicable to MSEs.
Note: Generally, in tenders having Itemwise evaluation, splitting is allowed unless
otherwise specified in the Bid Data Sheet (BDS). Further, in tenders having Package
wise evaluation generally splitting is not allowed. Please refer Bid Data Sheet for
specific tender provisions.

Section-II
SECTION III
Bid Data Sheet (BDS)
BID DATA SHEET (BDS)
For
Name of Work : CONSULTANCY OF AMIN FOR LAND ACQUISITION & LAND RELATED
ISSUES AT PVUNL PATRATU.
The following bid specific data for the above mentioned package shall amend and/or supplement the
provisions in the Instructions to Bidders (ITB). Wherever there is a conflict, the provisions herein shall
prevail over those in the ITB.
Before creating / submitting the bids, Bidders are required to go through the “Bidders Manual”,
“Guidelines to bidder” and other links provided at following NTPC e-tendering website:
Tender Ref. No: 9900258100
S. No ITB Data
Clause
Ref., if
any.
1.0 ITB 1.1 Name and Address of Employer:
Address for Correspondence:
AGM(C&M)/ DGM(C&M)
P.O - PTPS, Distt: Ramgarh,
Jharkhand PIN – 829119,
Phone : 9650990119/9424140604
Emails: snpattanayak/[email protected]
Registered Office Address:
“NTPC Bhawan” Core No. 7,
Scope Complex, Institutional Area, Lodhi Road, New Delhi – 110003,
India
S. No ITB Data
Clause
Ref., if
any.
2.0 ITB 6.1 Replace the Clause 6.1 of Section-II: Instruction to Bidders
(ITB) with the following:
6.1 A prospective Bidder requiring any clarification to the bidding

documents may notify under Clarification tab of the on-line bid
at least three days prior to the clarification end date. EMPLOYER
will respond to any request for clarification or modification of the
bidding documents that it receives no later than the last date of
receipt of queries as specified in Invitation for Bids (IFB).
EMPLOYER will post the Clarifications at e-tender portal under
Corrigendum/Clarification tab and Bidders can view these
clarifications once they are posted at the portal. Bidders are also
advised to regularly check e-tender portal regarding posting of
clarification, if any.
“Further, no queries from Bidders shall be entertained after

last date of receipt of Queries/ Pre-Bid Conference as
specified in IFB. Accordingly, any query(ies) received from
Bidders after the cut-off date shall be returned.”
3.0 ITB 7.0/7.1 Pre-Bid Conference: Not Applicable
4.0 Replace
ITB Clause
27.1.1 & 27.1.1 Within forty five (45) days from the date of
27.1.2 Letter of Award or prior to release of Ist RA bill/Mobilization
under advance whichever is earlier, the successful Bidder shall
“CONTRA furnish to the Employer a Contract Performance
CT Guarantee (CPG) towards faithful performance of the
PERFORM Contract for an amount equivalent to 10% of the Contract
ANCE Price.
SECURITY
/ INITIAL 27.1.2 The successful Bidder also has the option to
CONTRAC
furnish an Initial Contract Performance Guarantee
T
PERFORM (ICPG) equivalent to a minimum of 2% of the Contract
ANCE Price within forty five (45) days from the date of Letter of
SECURITY Award or prior to release of Ist RA bill/Mobilization
”, advance whichever is earlier. In case of the successful
Bidder who furnishes Initial Contract Performance
Guarantee, the Employer shall at the time of making any
payment to him for the work done under the Contract,
deduct towards the Contract Performance Security an
amount equivalent to 10% of the gross bill
amountaccepted for payment until the total amount of
Contract Performance Security so deducted including the
amount of Initial Contract Performance Guarantee
becomes equal to 10% of the Contract Price.
5.0 Add ITB 29.1.1 If a bidder after opening of tenders where EMD is
Clause NIL/Not applicable' or exempted for bidders as per policy
29.1.1 & guidelines, withdraws its offer within the validity period of
29.1.2 the offer, then such bidder shall be treated as ineligible for
under participation in the future tenders issued from PVUN for a
“INELIGI period of 6 months from the date of withdrawal of the bid.
BILITY
FOR
FUTURE 29.1.2 If a bidder after having been issued the
TENDER Notification of Award/Purchase Order Of a package
S”, where EMD is 'NILJNot applicable' or exempted for
bidder as per policy guidelines, either does not accept
the Notification of Award/Purchase Order or does not
sign the Contract Agreement pursuant to ITB Clause
titled Signing the Contract Agreement' or does not
submit an acceptable Performance Security pursuant
to IT B Clause titled 'Performance Security, and which
result in tender being annulled then such bidder shall
be treated ineligible for participation in re-tendering of
this particular package. Further, such vendor shall
also be dealt as per the provisions of the policy for
Withholding and Banning of Business Dealings
6.0 ITB Whether Consortium / Joint Venture Bids are Permitted : No

11.1.1(A)(b
) Whether Associate/ Collaborator is permitted : No
7.0 ITB 11.2(c) Qualifying Requirements for the Bidders: Not Applicable
ITB 11.2(s) Integrity Pact: Not Applicable
8.0 ITB 12.11 As per Scope of Work
9.0 ITB 14.1 Amount of Bid Security/ EMD: NA
In case of EMD in the form of EFT, the payment shall in done in

the SBI Account of Patratu Vidyut Utpadan Nigam Ltd: Details
as:
Name of Account Holder : PATRATU VIDYUT UTPADAN NIGAM LTD
Bank Account No. : 35397838621
Bank Name : STATE BANK OF INDIA
Branch : PATRATU (Branch Code: 02992),
Bank Address : PATRATU THERMAL POWER STATION
PATRATU,
DIST: RAMGARH, JHARKHAND, PIN-
829119.
IFSC Code : SBIN0002992
10.0 ITB 14.9 Bank: State Bank of India Payable at SBI Patratu,
Branch Code:2992, Dist.: Ramgarh, Jharkhand or an
Confirm irrevocable Bank Guarantee in favour of Patratu Vidyut Utpadan
ation of Nigam Ltd.”
BGs
IFSC Code: SBIN0002992
(includi
ng Bid Bidders are advised to ensure that the message is sent by
Security their Bankers and the Bidders must submit the reference
) details as part of the bid with the EMD
through
SFMS/S
WIFT
11.0 ITB 14.10 Amount of Tender Fee: Not Applicable
12.0 ITB 15.0 As per Scope of Work
(Work
Schedule)
13.0 ITB Clause Bids are to be submitted online.

18.0 & ITB
Clause 21.0
14.0 Clause 24.0 Replace The Existing Clause 24.0 of ITB with:
of ITB “Subject to ITB Clause 28 (Employer’s Right to Accept any Bid and to
(Award Reject any or all bids), the Employer will award the Contract to the
Criteria) Bidder, whose bid has been determined to be substantially responsive
to the Bidding Documents and provided that such bidder has been
determined to be qualified to perform the contract
satisfactorily, as per methodology indicated in Annexure-II to BDS”
15.0 Evaluation Lump sum
Criteria Splitting: Not allowed
16.0 Handling of (i) In case of a situation wherein there is tie amongst Bidders at
situation L-1 position (with respect to Evaluated Bid Price as per the
wherein provisions of Bidding Documents), such Bidders (Two or more
there is Tie Bidders who are having same Evaluated Bid Price at L-1
amongst position) will be given an opportunity to offer further
Bidders percentage (%) discount on their Evaluated Bid Price (on
at L-1 overall basis) by way of ‘Supplementary Price (% Discount)’.
Position The Revised Evaluated Pricesfter considering ‘Supplementary
Price (% Discount)’ shall be the basis for final ranking of Bidders
for the purpose of award.
(ii) The revised final ranking of Bidders, as determined through

aforesaid procedure, shall also be considered for offering/
application of Benefits (Purchase preference) available to ‘MSE’/
‘Class-I Local Suppliers’ [as applicable as per the provisions of
Bidding Documents] for award.
(iii) However, for the situation wherein ‘MSE Bidder(s)’/ ‘Class-I

Local Supplier(s)’ is/are at evaluated L-1 position (Tie Condition)
and Benefits to MSE/ Purchase Preferences are applicable as per
the provision of Bidding Documents, following procedure shall be
followed:
In case of a situation wherein only one of the Bidders (amongst the

two/ more Bidders who are at evaluated L-1 position) is ‘MSE Bidder’/
‘Class-I Local Supplier’, then following procedure will be considered
for award, as under:
(a) In case splitting of quantity is possible, procedure as per para

(i) & (ii) will be followed.
(b) In case splitting of quantity is not possible, then Award may be
placed to ‘MSE Bidder’/ ‘Class-I Local Suppliers’ as per the
provision specified in the Bidding documents with respect to
Purchase Preferences.
Further, in case of a situation wherein Two or More Bidders (who are
at evaluated L-1 position) are ‘MSE Bidders’/ ‘Class-I Local Suppliers’,
then procedure as per para (i) & (ii) above will be followed.
17.0 Benefits to Applicable

MSE:
MSEs seeking exemption and benefits should enclose a attested/self-
certified copy of registration certificate, giving details such as
stores/services, validity (if applicable) etc. failing which they run the of
their bid being passed over as ineligible for the benefits applicable to
MSEs.
18.0 Preferenc
e to Make Purchase preference shall be given to local suppliers as per general
In India methodology specified in Annexure-II to BDS appended at the end of BDS
and Sec-III
granting The bidders may apprise themselves of the relevant provisions of bidding
documents in this regard before submission of their bids.
of
purchase 'Class-I local suppliers’ only are eligible to participate in this tender, as defined
preferenc in the bidding documents. The bidders may apprise themselves of the relevant
e to local provisions of bidding documents in this regard before submission of their bids."
suppliers
The local content requirement to categorize a Bidder/Supplier as 'Class-I local
supplier' is minimum 50%.
False declarations will be dealt in line with the Fraud Prevention Policy of
NTPC.
To confirm that bidder is a Class-I local supplier, bidder shall accept

relevant GTE “Confirm that you are a LOCAL SUPPLIER,and the LOCAL
CONTENT included in the PACKAGE FOR COMPLETE SCOPE OF WORK
meets the MINIMUM LOCAL CONTENT requirements of the Tender” in
Tendering Portal. Acceptance of GTE shall be considered as bidder's
confirmation to the following conditions:
• Bidder is a Class-I Local Supplier

• Vendor has not been debarred / banned by any other procuring entity
for violation of ‘Public Procurement (Preference to Make In India Order
2017’ (PPP-MII Order) dated 15.06.2017 and its subsequent revisions /
amendments
Special Minimum Local Content shall be 100% for this contract, please
Condition: accept in GTE.
Annexure – II (Rev.01) to
BDS
Preference to Make In India and granting of purchase preference to local

suppliers- regarding
It is the policy of the Government of India to encourage 'Make in India' and promote
manufacturing and production of Goods and Services in India with a view to enhancing income
and employment. In this regard, the following guidelines, concerning the procedure to be adopted
for granting purchase preference to local suppliers, are hereby issued:
1.0 Definitions:
a) '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 goods, services or works
procured (excluding net domestic indirect taxes) minus the value of imported content in the
goods, services or works (including all customs duties) as a proportion of the total value, in
percent.
b) '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.
'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'.
'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'.
c) 'L1' means the lowest tender or lowest bid or the lowest quotation received in a
tender, bidding process or other procurement solicitation as adjudged in the
evaluation process as per the tender or other procurement solicitation.
d) 'Margin of purchase preference' means the maximum extent to which the
evaluated bid price of a "Class-I local supplier" may be above the L1 for the purpose
of purchase preference.
e) ‘Nodal Ministry’ means the Ministry or Department identified pursuant to PPP-MII
order dated 16.09.2020 in respect of a particular item of goods or services or works.
f) Fraud Prevention Policy – shall mean the policy related to prevention of fraud
displayed on NTPC tender website http://www.ntpctender.com.
g) Policy & Procedure for Withholding & Banning of Business Dealings – shall
mean the policy related to Withholding & Banning of Business Dealings forming part
of Bidding Document.
2. Eligibility for Participation/Purchase Preference:
2.0 Eligibility for Participation
2.1 Only Class-I local suppliers are eligible to Bid. Bids received (if any) from Class-II Local
Supplier / Non Local Supplier shall be out rightly rejected.
3.0 Minimum Local Content

3.1 The local content requirement to categorize a Bidder/Supplier as 'Class-I local supplier' is
minimum 50%. For 'Class-II local supplier', the 'local content' requirement is minimum 20%.
4.0 Verification of Local Content:
4.1 The 'Class-I local supplier'/ 'Class-II local supplier' shall be required to provide, in the Bid
Form/relevant Attachment of Techno- Commercial Bid, self-certification / declaration that the Item
offered meets the local content requirement for 'Class-I local supplier'/ 'Class-II local supplier' and shall
give details of the location(s) at which the local value addition is made.
4.2 In case the total bid price of the supplier / bidder is in excess of INR 10 crore, the
'Class-I local supplier'/ 'Class-II 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 during
execution prior to submission of last bill for payment.
4.3 In case aforesaid Certificate furnished by Contractor/Vendor is not in line with the declaration
in respect of Local content in their bid, same shall be treated as false declaration
5.0 False declarations will be dealt in line with the Fraud Prevention Policy and Policy &
Procedure for Withholding and Banning of Business Dealings of NTPC.
5.1 In case of false declaration / violation of the provision of PPP-MII Order, if a bidder has been
debarred / banned by NTPC, then the fact and duration of debarment should be promptly
brought to the notice of the Member-Convenor of the Standing Committee (as per para 16 of
PPP-MII Order) and the Department of Expenditure through Ministry of Power, GOI.
5.2 A supplier who has been debarred / banned by any other procuring entity for violation of ‘Public
Procurement (Preference to Make In India), Order 2017’ (PPP-MII Order) dated 15.06.2017 and
its subsequent revisions / amendments issued by Department of Industrial Policy and Promotion
(DIPP) shall not be eligible for evaluation/preference, as applicable, under the aforesaid
procedures for duration of the debarment. The 'Class-I local supplier'/ 'Class-II local supplier' shall be
required to furnish a confirmation in this regard in the Bid Form/relevant Attachment of Techno-
Commercial Bid.
The Bidder / Contractor are requested to encourage and promote domestic manufacturing and
production of goods and services by sourcing goods and services applicable under the contract /
package from domestic suppliers / service providers. In this regard, Bidder shall also follow guidelines /
advisory issued by Government of India from time to time, to the extent applicable to them, regarding
promotion of local sourcing of goods including Bought out Items and services
SECTION – IV
GENERAL CONDITIONS OF CONTRACT (GCC)

GENERAL CONDITIONS OF CONTRACT (GCC)
TABLE OF CLAUSES (GCC)
SL. DESCRIPTION
A. CONTRACT AND INTERPRETATION ......................................................................................................
1. DEFINITIONS .................................................................................................................................
2. HEADING AND MARGINAL NOTES TO CONDITIONS...........................................................
3. SINGULAR & PLURAL ...................................................................................................................
4. ORDER OF THE PRECEDENCE OF THE DOCUMENTS.............................................................
5. INSTRUCTIONS AND NOTICES UNDER THE CONTRACT:........................................................
6. LAWS GOVERNING THE CONTRACT ..........................................................................................
7. SETTLEMENT OF DISPUTES .......................................................................................................
B. SUBJECT MATTER OF CONTRACT ........................................................................................................
8. SCOPE OF CONTRACT.................................................................................................................
9. NOTICES TO LOCAL BODIES .......................................................................................................
10. HUMAN RESOURCES ...................................................................................................................
11. SHIFT WORK..................................................................................................................................
12. COOPERATION WITH OTHER CONTRACTORS/ AGENCIES.....................................................
13. MATERIALS OBTAINED FROM EXCAVATION.............................................................................
14. TREASURE, TROVE, FOSSILS, ETC ............................................................................................
15. PROTECTION OF TREES..............................................................................................................
16. SECURITY WATCH AND LIGHTING .............................................................................................
17. PREVENTION OF POLLUTION .....................................................................................................
18. EXPLOSIVES.................................................................................................................................
-19. TRAINING OF APPRENTICES.......................................................................................................

20. HANDING OVER OF SITE .............................................................................................................
21. DUTIES AND POWERS OF ENGINEER-IN-CHARGE AND HIS REPRESENTATIVES ...............
C. PAYMENT ..................................................................................................................................................
22. CONTRACT PERFORMANCE SECURITY ....................................................................................
23. ADVANCE .......................................................................................................................................
24. PAYMENT ON ACCOUNT/PROGRESSIVE INTERIM PAYMENTS ..............................................
25. CONTRACT PRICE ADJUSTMENT ...............................................................................................
26. TAXES, DUTIES, LEVIES ETC. .....................................................................................................
27. OVERPAYMENTS AND UNDERPAYMENTS ................................................................................
28. TIME LIMIT FOR SUBMISSION & PAYMENT OF FINAL BILL AND WAIVER OF RIGHTS OF
ALL CLAIMS ...................................................................................................................................
D. EXECUTION OF FACILITIES ....................................................................................................................
29. WORK COMMENCEMENT, EXECUTION & DELAYS ...................................................................
30. SUB CONTRACTS .........................................................................................................................
31. SETTING OUT THE WORKS .........................................................................................................
32. METHODOLOGY OF CONSTRUCTION & EQUIPMENT MOBILISATION....................................
33. PATENT INDEMNITY .....................................................................................................................
34. MATERIALS FOR THE PERFORMANCE OF THE CONTRACT ...................................................
35. QUALITY ASSURANCE PROGRAMME ........................................................................................
36. INSPECTION AND APPROVAL .....................................................................................................
37. RECORDS AND MEASUREMENT.................................................................................................
38. METHODS OF MEASUREMENT ...................................................................................................
39. TEMPORARY / ENABLING WORKS..............................................................................................
40. URGENT WORKS ..........................................................................................................................
41.
CONSTRUCTION POWER AND CONSTRUCTION WATER SUPPLY AND STAFF / LABOUR
COLONY .........................................................................................................................................
42. SITE
LABORATORY.......................................................................................................................
43. COMPLETION CERTIFICATE ........................................................................................................
E. DEFECTS LIABILITY .................................................................................................................................
44. LIABILITY FOR DAMAGE, DEFECTS OR IMPERFECTIONS AND RECTIFICATION THEREOF
45. DEFECTS LIABILITY PERIOD .......................................................................................................
F. RISK DISTRIBUTION .................................................................................................................................
46. EMPLOYER’S AND CONTRACTOR’S RISKS AND INSURANCE ................................................
47. FORCE MAJEURE .........................................................................................................................
G. CHANGES IN CONTRACT ELEMENT/OTHERS ......................................................................................
48. CHANGES IN CONSTITUTION: .....................................................................................................
49. POWERS OF ENGINEER-IN-CHARGE FOR ALTERATIONS/ OMISSIONS/ ADDITIONS

/SUBSTITUTIONS ..........................................................................................................................
50. SUSPENSION OF WORKS ............................................................................................................
51. TERMINATION ...............................................................................................................................
52. ADHERENCE TO FRAUD PREVENTION POLICY........................................................................
53. WITHHOLDING/BANNING .............................................................................................................
54. CONTRACTOR’S LABOUR INFORMATION MANAGEMENT SYSTEM (CLIMS) ........................
55. CONTRACTOR PERFORMANCE FEEDBACK AND EVALUATION SYSTEM .............................
56. LIMITATION OF LIABILITY.............................................................................................................
57. NO CLAIM FOR INTEREST OR DAMAGE.....................……………………………………………...
58. COMPLIANCE TO CARRIAGE BY ROAD RULES 2011……………………………………
59. PROCEDURE FOR CONTRACT CLOSING…………………………………………………..

GENERAL CONDITIONS
OF CONTRACT
A. CONTRACT AND INTERPRETATION
1. Definitions
(a) “Employer” / “Owner” as specified in BDS and shall include their

legalrepresentatives, successors and permittedassigns.
(b) “Contract” means the Contract Agreement entered into between the
Employer and Contractor, together with contract documents referred
therein. The term “Contract” shall in all such documents be construed
accordingly and includes special conditions, specifications, designs,
drawings, “Schedule of Quantities” with rates and amount. These
documents taken together shall be deemed to form theContract and shall
be complimentary to oneanother.
(c) “Contract Documents” mean the following documents that constitute the
ContractbetweentheEmployerandtheContractor:
(i) The Contract Agreement alongwithits appendices
(ii) Letter of Award alongwithitsappendices,
(iii) Special Conditions of Contract
(iv) Technical Specifications and Bid Drawings
(v) General Conditions ofContract
(vi) The Bid and Schedule of Quantities submitted by the

Contractor.
(d) “GCC” means the General Conditions of Contract (e)
“SCC” means the Special Conditionsof Contract.
(f) “Day” means calendar day of the GregorianCalendar.
(g) “Week” means a continuous period of seven (7) calendar days. (h)
“Month” means calendar month of the GregorianCalendar.
(i) The “Contractor” means the individual or firm or company whether

incorporated or not, undertaking the Works and shall include its legal
representatives, or successors, or permittedassigns.
(j) “Sub-Contractor” shall mean a person or a Corporate body approved by
Engineer-in-Charge who has entered into a contract with the Contractorto
complete a part of theWorks.
(k) The “Contract Sum” / “Contract Price”means:
(i) in the case of Lump Sum Contractsthe sum for which the bid is
accepted.
(ii) In thecase of item Rate Contracts the cost of the Works arrived at
after extension of the quantities shown in Schedule of Quantities by
the item rates for the various items and summating them to arrive at
the totalprice.
(l) “Engineer-in-Charge” shall mean the person appointed by the Employeror

hisduly authorized representative who shall direct, supervise and bein
charge of the Works for purposes of theContract.
(m) “Market rate” means the rate for an item of Work, determined on the basis
of the cost of labour, and material brought to Site and incorporated in the
Works and for use of plant and equipment for the Work executed plus 10%
(ten percent) of the rate to cover all overheads and profits of theContractor.
(n) “Schedule(s) of Quantities” shall meanthe priced and completed Schedule

of Quantities forming the part of the bid or such Schedule of Quantities
forming the part of the Contract, as the case may be, with amendments, if
any,thereto.
(o) The “Site” means the land and / or other places on, under, in or through
which the Works is to be executed under the Contract including any other
land or places which may be allotted by the Employer or used for the
purposes of theContract.
(p) “Temporary/ Enabling Works” means all temporary works of every kind
required in or about the execution, completion or maintenance of the Works.
(q) “Urgent Works” shall mean any urgent measures which, in the opinion of the
Engineer-in-Charge, become necessary during the progress of the Works
to obviate any risk of accidentorfailure or which become necessary for
reasons of security andsafety.
(r) “The Works” shall mean the Works tobe executedin accordance with the
Contract or part(s) thereof as the case may be and shall include all extra or
additional, altered or substituted works or temporary/ enabling Works and
urgent works as required for performance of theContract.
(s) “Cost” shall mean all expenditure reasonably incurred or to be incurredby
the Contractor or Employer, as the case may be, whether on or off
theSite,includingoverheadandothercharges,butexcludingprofit.
(t) Throughout these Bidding Documents, the term “Bid” and “Tender” and
theirderivatives (Bidder/Tenderer, Bidding/Tendering, Bidding
Document/Tender Document, etc.); Bill of Quantity / Schedule of Quantity
/ Schedule of Items/Schedule of Quantities/ Bill of Quantities; Employer /
PVUN;Bid Security / Earnest Money Deposit; Security Deposit /
Performance Security/ Performance Guarantee; Engineer-in- Charge /
Engineer, appearing any wherein the Bidding Documents shall have the
same meaning and are synonymous toeach other.
(u) Goods and Services Tax” or “GST” means taxes levied under the Central
Goods and Services Tax Act, Integrated Goodsand Services Tax Act, and
various State/Union Territory Goods and Services Tax Laws and
applicable cesses, if any under the laws in force (hereinafter referred to as
relevant GSTLaws).
2. Heading and Marginal Notes toConditions
Heading and marginal notes to these General Conditions ofContract shall not
bedeemed to form part thereof or be taken into consideration in the interpretation
or construction thereof or of theContract.
3. Singular &Plural
Where the context so requires, words importing the singular only will alsoinclude
the plural and viceversa.
4. Order of the precedence of theDocuments
4.1 The several documents forming the Contract are to be taken as mutually
explanatory of one another, detailed drawings being followed in preference to
small scale drawings, figured dimensions in preference to scale and Special
Conditions in preference to GeneralConditions.
4.2 In the case of discrepancy between Schedule of Quantities, the Specifications

and/or the Drawings, the following order ofprecedence shall govern:
(a) Description in Schedule of Quantities
(b) SCC
(c) TechnicalSpecifications
(d) Drawings
4.3 Ifthere are varying or conflicting provisions made with in any document forming
part of the Contract, the Engineer-in-Charge shall be the deciding authority with
regard to the intention of thedocument.
4.4 Any error in description, quantity or rate in Schedule of Quantities or any omission
therefrom shall not vitiate the Contract or releasethe Contractor from the
execution of the whole or any part of the Works comprised therein according to
drawings and specifications or from any of his obligations under theContract.
5. Instructions and Notices under the Contract:
5.1 Subject asotherwise provided in theContract, all notices to be given on behalf of

the Employer and all other actions to be taken on its behalf may be given or taken
by the Engineer-in-Charge or any officer for the time being entrusted with the
functions, duties and powers of the Engineer-in-Charge by the Employer. All
instructions, notices and communications, etc., under the Contract shall be given
inwriting.
5.2 Contractor’sRepresentative
5.2.1 The Contractor shall appoint its Representative within fourteen (14) days of the date of
issuance of Letter of Award or before start of work whichever is earlier and shall request the
Employer in writing to approve the person soappointed.
5.2.1.1 The Contractor's representative shall be a regular Employee/ Partner/ Director only and the
Contractor shall be required to submit a Power of Attorney in original in favour of its
representative. Notarized photocopy of the Power of Attorney shall be acceptable only if the
Power of Attorney has been registered by the Contractor. The Employer may verify the
photocopy of the Power of Attorney with the Original and the Contractor shall be required to
produce the original Power of Attorney for verification, if required by the Employer. The
relation of the Contractor's representative with the contractor such as Partner/
Employee/Director etc. should be clearly brought out in the Power of Attorney. The
Contractor would be required to submit a documentary proof of the relation of the
Contractor's representative with the contractor in the form of self attested copy of any of the
following documents:
a) Previous financial year’s Form 16 as available at TRACES site of Income tax

department, if the POA holder is an employee of contractor. In case, the Contractor
isnotabletosubmitForm16(onlyincaseofrecentappointmentorwhereForm
16 details are not uploaded at TRACES), the contractor would be required to submit
an Appointment Letter/Salary Slip/other documentary evidence of the POA holder
alongwith an affidavit stating the relationship between the POA holder and
theContractoralongwith.Further,theContractorshallberequiredtosubmitthe
copy of Form 16 as available through TRACES site for every subsequent year also
in respect of the POA holder till the period of authorization.
b) Articles of Association / Registered Partnership Deed if the POA holder is a partner

or stake holder inCompany.
5.2.1.2 In case, the Contractor's representative is also doing some other Contract(s)/Work(s) as
nominee of the same contractor, the Contractor shall give a declaration citing list of all works
where the Contractor's representative is thenominee.
5.2.1.3 If the Employer objects to the appointment giving the reason therefore, then the Contractor
shall appoint a replacement within fourteen (14) days of such objection, and the foregoing
provisions of this GCC Sub-Clause 5.2.1 shall applythereto.
5.2.2 The Contractor’s Representative shall represent and act for the Contractor at all times during
the currency of the Contract and shall communicate and provide to the Engineer-in- charge
all the Contractor’s notices, instructions, information and all other communications under
theContract.
All notices, instructions, information and all other communications given by the Employer or
the Engineer-in-charge to the Contractor under the Contract shall be given to the Contractor’s
Representative or, in its absence, its deputy, except as herein otherwise provided. The
Contractor or its authorised representative shall be in attendance at the Site(s) during all
working hours and shall superintend the execution of the Works with such additional
assistance in each trade as the Engineer-in-Charge may consider necessary. Orders given to
the Contractor's representative shall be considered to have the same force as if they had been
given to theContractor.
The Contractor shall not revoke the appointment of the Contractor’s Representative without
the Employer’s prior written consent, which shall not be unreasonably withheld. If the
Employer consents thereto, the Contractor shall appoint some other person as the
Contractor’s Representative, pursuant to the procedure set out in GCC Sub-Clause 5.2.1.
5.2.3 The Contractor’s Representative may, subject to the approval of the Employer (which shall
not be unreasonably withheld), at any time delegate to any person any of the powers, functions
and authorities vested in him or her. Any such delegation may be revoked at any time. Any
such delegation or revocation shall be subject to a prior notice signed by the Contractor’s
Representative, and shall specify the powers, functions and authorities thereby delegated or
revoked. No such delegation or revocation shall take effect unless and until a copy thereof
has been delivered to the Employer and theEngineer-in-charge.
Any act or exercise by any person of powers, functions and authorities so delegated to him or
her in accordance with this GCC Sub-Clause 5.2.3 shall be deemed to be an act or exercise
by the Contractor’s Representative.
5.2.4 The Employer may by notice to the Contractor object to any representative or person
employed by the Contractor in the execution of the Contract who, in the reasonable opinion
of the Employer, may behave inappropriately, may be incompetent or negligent, or may
commit a serious breach of the Safety regulations provided under GCC Sub-Clause 10.4.9.
The Employer shall provide evidence of the same, whereupon the Contractor shall remove
such person from theFacilities.
5.2.5 If any representative or person employed by the Contractor is removed in accordance with
GCC Sub-Clause 5.2.4, the Contractor shall, where required, appoint a replacement as per
clause5.2.1.
5.2.6 In case any of the information/declaration/undertaking provided by Contractor/Contractor's

representative is found to be false and/or the contractor/Contractor's representative
suppresses any relevant information at any stage, the Contractor will be liable for actions in
terms of Employer's Banningpolicy.
5.3 The Engineer-in-Charge shall communicate or confirm the instructions to the

Contractor in respect of the execution of Work in a 'Works Site Order
Book’maintained in the office of the Engineer-in-Charge and the Contractor or his
authorisedrepresentative shall confirm receipt of such instructions by signing the
relevant entries in this Book. If required by the Contractor, he shall be furnished a
certified true copy of suchinstruction(s).
6. Laws governing the Contract
6.1 This Contract shall be governed by the Indian laws for the time being in force. The
Courts at Delhi shall have jurisdiction, in all matters unlessotherwise stated in
theSCC.
7. Settlement of Disputes
7.1 Mutual Consultation
If any dispute of any kind whatsoever shall arise between the Employer and the Contractor in
connection with or arising out of the Contract, including without prejudice to the generality of the
foregoing, any question regarding its existence, validity or termination, or the execution of the
Works, whether during the progress of the Works or after their completion and whether before or
after the termination, abandonment or breach of the Contract, the parties shall seek to resolve any
such dispute or difference by mutual consultation. If the parties fail to resolve such a dispute or
difference by mutual consultation, then the dispute may be settled through Expert Settlement
Council / Arbitration / other remedies available under the applicablelaws.
7.2 Resolution of Dispute through Expert Settlement Council
If the parties fail to resolve such a dispute or difference by mutual consultation, the dispute if the
parties agree, may be referred to Conciliation in cases involving disputed amount up to Rs 250
crores, which is to be arrived at considering the claim and counter claim of the parties to the
dispute.
7.2.1 Invitation for Conciliation:

7.2.1.1 A party shall notify the other party in writing about such a dispute it wishes to refer for Conciliation
within a period of 30 days from the date of raising of the dispute in case of failure to resolve the
same through mutual consultation. Such Invitation for Conciliation shall contain sufficient
information as to the dispute to enable the other party to be fully informed as to the nature of the
dispute, amount of the monetary claim, if any, and apparent cause ofaction.
7.2.1.2 Upon acceptance of the invitation to conciliate, the other party shall submit its counter claim, if
any, within a period of 30 days from the date of the invitation to conciliate. If the other party rejects
the invitation or disputed amount exceeds Rs 250 crores, there will be no Conciliation proceedings.
There shall be no Conciliation where claim amount is only up to Rs 5lakhs.
7.2.1.3 If the party initiating Conciliation does not receive a reply within thirty days fromthedate on
which it sends the invitation, or within such other period of time as specified in the invitation, it
shall treat this as a rejection of the invitation to conciliate from the otherparty.
7.2.2 Conciliation:
7.2.2.1 Where Invitation for Conciliation has been furnished under GCC sub clause 7.2.1,the parties shall
attempt to settle such dispute through Expert Settlement Council (ESC) which shall be constituted
by CMD,PVUN Ltd.
7.2.2.2 ESC will be formed from experts comprising of three members from the panel of conciliators
maintained by NTPC. However, there will be single member ESC for disputes involving claim and
counter claim (if any) up to Rs. 1 crore. CMD will have authority to reconstitute an ESC to fill
anyvacancy.
7.2.2.3 The eligible persons for consideration for empanelment in the panel of conciliators shall be
amongst Retired Civil Servants of Govt. of India not below the rank of Joint Secretary, Retired
Judges, Retired Executive directors/Directors/ Chairman of any Maharatna / Navratna company
in India other than NTPC Ltd, Retired Independent Directors who have served on the Board of any
Maharatna / Navratna company in India other than NTPC Ltd. and Independent experts in their
respective fields preferably registered with the Indian Council of Arbitration or Delhi International
Arbitration Centre or Federation of Indian Chambers of Commerce and Industry or SCOPE
Arbitration Forum.
7.2.3 Proceedings before ESC:
7.2.3.1 The claimant shall submit its statement of claims along with relevant documents to ESC members,
and to the party(s) indicated in the appointment letter within 30 days of the issue of the appointment
letter. The respondent shall file its reply and counter claim (if any) within 30 days of the receipt of
the statement of claims. Parties may file their rejoinder/additional documents, if any in support of
their claim/counterclaim within next 15 days. No documents shall be allowed thereafter, except
with the permission of ESC.
7.2.3.2 The parties shall file their claim and counterclaim in the following format
a. Chronology of thedispute
b. Brief of thecontract
c. Brief history of thedispute
d. Issues
Sl. No. Description of Amount (in Relevant Contract

Claims/ Counter foreign Clause
claims currency/INR)
e. Details of Claim(s)/CounterClaim(s)
f. Basis/Ground of claim(s)/counter claim(s) (along with relevant clause of contract
Note: Statement of claims shall be restricted to maximum limit of 20pages.
7.2.3.3 In case of 3 members ESC, 2 members will constitute a valid quorum and the meeting can take
place to proceed in the matter after seeking consent from the member who is not available.
However, ESC recommendations will be signed by all themembers.
7.2.3.4 The parties shall be represented by their in house employees. No party shall be allowed to bring
any advocate or outside consultant/advisor/agent to contest on their behalf. Ex-officers of
NTPC/PVUN who have handled the subject matter in any capacity shall not be allowed to attend
and present the case before ESC on behalf of contractor. However, ex-employees of parties
may represent their respective organizations. Parties shall not claim any interest on
claims/counter-claims from the date of notice invoking Conciliation till execution of settlement
agreement, if so arrived. In case, parties are unable to reach a settlement, no interest shall be
claimed by either party for the period from the date of notice invoking Conciliation till the date of
ESC recommendations and 30 days thereafter in any furtherproceeding.
7.2.3.5 ESC will conclude its proceedings in maximum 10 meetings, and give its recommendations
within 90 days of its first meeting. ESC will give its recommendations to both the parties
recommending possible terms of settlement. CMD, PVUN may extend the time/number of
meetings, in exceptional cases, if ESC requests for the same with sufficientreasons.
7.2.3.6 Depending upon the location of ESC members and the parties, the venue of the ESC meeting
shall be either Delhi/Mumbai/Kolkata/Chennai or any other city whichever is most economical from
the point of view of travel and stay etc. All the expenditure incurred in ESC proceedings shall be
shared by the parties in equalproportion.
7.2.4 Fees & Facilities to the Members of the ESC
The cost of Conciliation proceedings including but not limited to fees for Conciliator, Airfare, Local
transport, Accommodation, cost towards conference facility etc shall be as provided herein below:
S. No. Fees/ Facility Entitlement
1 Fees As paid to NTPC Independent Directors

[Presently Rs. 20,000 per meeting]. In
addition each conciliator to be paid Rs.
10,000 for attending meeting to
authenticate the settlement agreement -
max. of Rs. 2,10,000 per case per
Conciliator.
2 Secretarial expenses Rs. 10,000 lump sum (to 1 member only).
3 Transportation in the city of Car as per entitlement or Rs. 2,000 per

the meeting day
4 Venue for meeting NTPC conference rooms
Facilities to be provided to the out-stationed member

5 Travel from the city of As per entitlement of Independent
residence to the city of Directors. Executive class air tickets / first
meeting class AC train tickets/ Luxury car/
reimbursement of actual fare. However,
entitlement of air travel by Business class
shall be subject to austerity measures, if
any, ordered by Govt. of India.
6 Transport to and fro airport/ Car as per entitlement or Rs. 3,000

railway station in the city of
residence
7 Stay for stationed As per entitlement of Independent
outmem Directors.
bers
8 Transport in the city of Car as per entitlement or Rs. 2000 per day
meeting
Aforesaid fees is subject to revision by NTPC from time to time and subject to government
guidelines on austerity measures, if any. All the expenditure incurred in the ESC proceedings shall
be shared by the parties in equal proportions. The Parties shall maintain the account of
expenditure and present to the other for the purpose of sharing on conclusion of the ESC
proceedings.
7.2.5 If decision of PVUN is acceptable to the contractor, a Settlement Agreement under section 73 of
the Arbitration and Conciliation Act 1996 will be signed within 15 days of contractor’s acceptance
and same shall be authenticated by all the ESC members. Parties are free to terminate
Conciliation proceedings at any stage as provided under the Arbitration and Conciliation Act 1996.
7.2.6 The parties shall keep confidential all matters relating to the Conciliation proceedings. Parties shall
not rely upon them as evidence in arbitration proceedings or courtproceedings.
7.3 Arbitration
7.3.1 If the process of mutual consultation and/or ESC fails to arrive at a settlement between the parties
as mentioned at GCC Sub-Clauses 7.1 & 7.2 above, Employer or the Contractor may, within Thirty
(30) days of such failure, give notice to the other party, with a copy for information to the ESC
(as applicable), of its intention to commence arbitration, as hereinafter provided, as to the matter
in dispute, and no arbitration in respect of this matter may be commenced unless such notice is
given. The mechanism of settling the disputes through arbitration shall be applicable only in cases
where the disputed amount (i.e. total amount of Claims excluding claims of interest) does not
exceed Rs. 25 crores. In case the disputed amount exceeds Rs. 25 Crores, the parties shall be
within their rights to take recourse to remedies as may be available to them under the applicable
laws other than Arbitration after prior intimation to the other party. There shall be no arbitration
where the claim amount is only up to Rs. 5lakhs.
The parties at the time of invocation of arbitration shall submit all the details of the claims and the
counter-claims including the Heads/Sub-heads of the Claims/Counter-Claims and the documents
relied upon by the parties for their respective claims and counter-claims. The parties shall not file
any documents/details of the claims and counter-claimsthereafter.
The claims and the counter claims raised by the parties at the time of invocation of the arbitration
shall be final and binding on the parties and no further change shall be allowed in the same at any
stage during arbitration under any circumstanceswhatsoever.
The parties to the contract shall invoke arbitration within Six months from the date of completion
of the execution of work under the contract or the termination of the contract as the case may be
and the parties shall not invoke arbitration later on after expiry of the said period of six months.
The parties shall not invoke arbitration other than in the case of completion of execution of work
or the termination of the contract as mentioned above.
Notwithstanding the above, in case of disputes with Indian Contractor who is a Central
Government Department /Enterprise /organisation or a State Level Public Enterprise (SLPE), the
aforesaid limit of Rs 25 crores shall not be applicable and arbitration proceeding may be
commenced irrespective of the amount involved in dispute if the dispute could not be resolved
through Conciliation as brought out at GCC Sub Clause 7.2 above.
7.3.2 Any dispute in respect of which a notice of intention to commence arbitration has been given,
in accordance with GCC Sub Clause 7.3.1, shall be finally settled byarbitration.
7.3.3 Any dispute raised by a party to arbitration shall be adjudicated by a Sole Arbitrator appointed by
CMD, PVUN from the List of empanelled Arbitrators of NTPC in the following manner:-
a) A party willing to commence arbitration proceeding shall invoke Arbitration Clause by giving 60
days notice to the otherparty.
b) If the Arbitrator so appointed dies, resigns, becomes incapacitated or withdraws for any reason
from the proceedings, it shall be lawful for CMD, PVUN to appoint another person in his place in
the same manner as aforesaid. Such person shall proceed with the reference from the stage where
his predecessor hadleft.
c) It is agreed between the parties that the Arbitration proceedings shall be conducted as per the
provisions of Fast Track Procedure as provided under section 29B of the Arbitration and
Conciliation Act, 1996 asamended.
d) Arbitrator shall be paid fees at the followingrates:
Amount of Claims and Counter Lump sum fees (including fees for study of
Claims (excluding interest) pleadings, case material, writing of the
award, secretarial charges etc.) to be
shared equally by the parties.
UptoRs 50 lakhs Rs. 10,000 per meeting subject to a ceiling of
Rs. 1,00,000/-.
Above Rs 50 lakhs to Rs 1 crore Rs. 1,35,000/- plus Rs. 1,800/- per lakh or a
part there of subject to a ceiling of Rs.
2,25,000/-.
Above Rs. 1 crore and uptoRs. 5 Rs. 2,25,000/- plus Rs. 33,750 per crore or a
Crores part there of subject to a ceiling of Rs.
3,60,000/-.
Above Rs. 5 crores and uptoRs. Rs. 3,60,000/- plus Rs. 22,500/- per crore or a
10 crores. part there of subject to a ceiling of Rs.
4,72,500/-.
Above Rs. 10 crores Rs. 4,72,500 plus Rs. 18,000/- per crore or
part thereof subject to a ceiling of Rs.
10,00,000/-.
If the claim is in foreign currency, the SBI Bills Selling Exchange rate prevailing on the date of
claim shall be used for the purpose of converting the claim in Indian Rupee which may be used
for determining the arbitration fee as brought out above.
e) If after commencement of the Arbitration proceedings, the parties agree to settle the dispute
mutually or refer the dispute to Conciliation, the arbitrator shall put the proceedings in abeyance
until such period as requested by the parties. Where the proceedings are put in abeyance or
terminated on account of mutual settlement of dispute by the parties, the fees payable to the
arbitrator shall be determined asunder:
(i) 40% of the fees if the Pleadings arecomplete.

(ii) 60% of the fees if the Hearing hascommenced.
(iii) 80% of the fees if the Hearing is concluded but the Award is yet to bepassed.
f) Each party shall pay its share of arbitrator’s fees in stages asunder:
(i) 40 % of the fees on Completion ofPleadings.

(ii) 40% of the fees on Conclusion of the FinalHearing.
(iii) 20% at the time when arbitrator notifies the date of finalaward.
g) The Claimant shall be responsible for making all necessary arrangements for the travel/ stay of
the Arbitrator including venue of arbitration, hearings. The parties shall share the expenses for
the sameequally.
h) The Arbitration shall be held at Delhionly.
i) The Arbitrator shall give reasoned and speaking award and it shall be final and binding on the
parties.
j) Subject to the aforesaid conditions, provisions of the Arbitration and Conciliation Act, 1996 and
any statutory modifications or re-enactment thereof shall apply to the arbitration proceedings
under thisclause.
7.3.4 In case the Indian Contractor is a Central Government Department/Enterprise/organisation or a

State Level Public Enterprise (SLPE), the dispute arising between the Employer and the
Contractor shall be referred for resolution to the Permanent Machinery of Arbitrators (PMA) of
the Department of Public Enterprises, Government of India as per Office Memorandum No. 4(1)
2011-DPE(PMA)-GL dated 12.06.2013 issued by Government of India, Ministry of Heavy
Industries and Public Enterprises, Department of Public Enterprises and its further modifications
andamendments.
7.4 Notwithstanding any reference to the Conciliation or Arbitrationherein,
(a) the parties shall continue to perform their respective obligations under the
Contract unless they otherwiseagree.
(b) the Employer shall pay the Contractor any monies due to the Contractor.
B. SUBJECT MATTER OF CONTRACT
8. Scope of Contract
The Work to be carried out under the Contract shall beas delineated
inBiddingDocuments and shall, except as otherwise provided in these conditions,
include all labour, materials, tools, plant, equipment, and transport which may be
required in preparation of and for and in the full and entire execution and
completion of theWorks.
9. Notices to Local Bodies
9.1 The Contractor shall comply with and give all notices required under any
Governmental authority, instrument, rule ororder made under any Act of
Parliament, State Laws or any regulation or bye-laws of any local authority relating
to the Works. He shall before makingany variation from the Contract drawings
necessitated by such compliance give to the Engineer-in-Charge a
writtennoticegivingreasonsfortheproposedvariationandobtainthe
Engineer-in-Charge's instructions thereon, in writing.
9.2 The Contractor shall pay and indemnify the Employer against any liability inrespect
of any fees or charges payableunder any Act ofParliament, State laws or any
Government instrument, rule or order and any regulations or bye- laws of any local
authority in respect of theWorks.
10. Human Resources
10.1 The Contractor for the purpose of the Contract shallengage / employ adequate
number of key personnel in all areas such as design / engineering (wherever
applicable), planning, scheduling and construction and carrying out of all
maintenance of his plant and equipment (as detailed in the SCC) and competent
and skilled work force as directed by the Engineer-in-Charge. The Engineer-in-
Charge will approve any proposed replacement of such key personnel including
work force only if their qualifications, experience, competence and capabilities
are substantially equal to or better than those personnel originally identified and
approved by theEngineer-in-Charge.
10.2 The Engineer-in-Charge may require the Contractor to remove from Site ofWorks
or from any other area of Work related to the Contract, any member ofthe
Contractor personnel or work forcewho
(i) Persistsinanymisconductorlackofcare
(ii) Performs his duties incompetently or negligently or otherwise carelessly
(iii) Fails to conform with any provisions of theContract or
(iv) Persists in any conduct which is prejudicial to the safety, health or

protection of the Work andenvironment.
Ifappropriate, the Contractor shall appoint asuitable replacement within fourteen

(14) days or within such period as may be agreed between the Engineer-in-Charge
and Contractor.
10.3 The Contractor shall unless otherwise provided in the Contract, make his own
arrangement for engagement of all staff and labour, local or otherwise and for their
payment, housing, transport, lodging and welfare as may be required bylaw and or
by industry practice. The Contractor shall provide the Engineer-in- Charge a return
in detail in such form and at such intervals as he mayreasonably prescribe showing
the staff and number of the several classes of labourand other staff from time to
time employed by the Contractor at Site or in connection with the Work along with
such information as the Engineer-in- Charge may reasonablyrequire.
10.4 Labour laws and Regulations and compliance there of

10.4.1 During the entire period of Contract, the Contractor and his Sub-Contractors shall,
at all times abide by all existing labourenactments, rules made therein, regulations,
notifications and bye-laws by the appropriate government, local authority or any
other labourlaws or notification that may be issued under any labourlaw prevailing
as on the date seven(7) days prior to the deadline set for submission of the bids,
published by the State or Central Government or Local Authorities. An illustrative
list ofapplicable acts, notifications, rules etc. in connection with the labouras
applicable is provided inSCC. This list is notin any way exhaustive and shall not
absolve the Contractor from any of his liabilities or responsibilities in compliance
with any other laws, regulations,
notificationsthatmaybeinforceduringthetenureofContract.
10.4.1.1 During the entire period of Contract, the Contractor and his Sub-Contractors shall,
atall times abide by the following Acts/ Statutes related to Human Resources
1. Factories Act, 1948; Contract Labour(Regulation &Abolition) Act, 1970; 2.
EPF &MP Act,1952;
3. Building & Other Construction Workers (Regulation of Employment
&Conditions of Service) Act,1996;
4. ESI Act,1948;
5. Minimum Wages Act,1948;
6. Payment of Wages Act,1936;
7. Payment of Bonus Act,1965;
8. Payment of Gratuity Act,1972;
9. Workmen’s Compensation Act,1923;
10. ID Act,1947;
11. Maternity Benefit Act,1961;
12. Inter-State MigrantWorkmen (Regulation of Employment &Conditions of Service)
Act,1979;
13. Fatal Accidents Act,1855
14. Model WelfareCode
The above will deem to include all relevant/ applicable rules made thereunder,
regulations, notifications and bye laws of the State orCentral Govt. or thelocal
authority and any other labourlaw (including rules) regulations, bye laws as well
as those that may be passed or notification that may be issued under any labourlaw
present and in future either by State or Central Govt. or by localauthority.
10.4.2 The Contractor and his Sub-Contractors shall indemnify theEmployer, from any
actiontaken against the Employer by any competent authority in connection with
the enforcement of the applicable laws, regulations, notifications, on account
ofcontravention of any of the provisions therein, including amendments thereto. If
the Employer is caused to pay or otherwise made liable, such amounts as may be
necessary for non-observance of the provisions stipulated in the laws, rules,
notifications including amendments, if any on the part of the Contractor and/or his
Sub-Contractors, the Engineer-in- Charge / Employer shall have the right to deduct
any such money from any amount due to the Contractor including his performance
security, under the Contract. The Employer shall also have the right to recover
fromthe
Contractor any sum requiredor estimated as required for making good any loss
ordamage suffered / likely to be suffered by the Employer, on this account.
10.4.3 If due to an enactment of any new Act or Statute and rules made thereunder or
any modification to the Acts/Statute or rules made thereunder, allafter seven (7)
days prior to the deadline set for submission of the bids and as a consequence
thereof, the Contractor has to incur additional cost or expenditure, the same will
be reimbursed by the Employer to the Contractor, excepting those due to reasons
attributable to the Contractor and those being already compensated by
otherprovisions of the Contract, like Price Adjustment, Taxes and Dutiesetc.
10.4.4 It is specificallyagreed that the Contractor and his Sub-Contractors shall obtain
all the necessary registration, licenses, permits, authorisationsetc. required under
various enactments / Regulations enforced from time to time, specifically
registration as employer under Provident Fund Act and Contract LabourRegulation
&Abolition Act, and the Employer shall not be liable for any violation by the
Contractor in thisregard.
10.4.5 The employees of the Contractor or his Sub-Contractor(s) shall in no case be

treated as the employees of the Employer at any point oftime.
10.4.6 The Contractor and his Sub-Contractors shall be liableto make all due payments
to all their employees and ensure compliance withlabourlaws. If the Employer, is
held liable as 'PRINCIPAL EMPLOYER' or otherwise to incurany expenditure or to
make any contributions under any legislation ofthe Government or Court decision,
in respect ofthe employeesof the Contractor or his Sub-Contractors, then the
Contractor would reimburse the amounts of such expenditure/contribution so
made by theEmployer.
10.4.7 In case the ESI actis not applicable to the area where the Work is executed, as
evidenced by the Certificate/Letter submitted to this effect from the local
authorities, the Contractor shall be liable to arrange and pay for the expenses
towards the medical treatment in respect of all labouremployed by him for the
execution of theContract.
10.4.8 Staff quarters &labourhutments at Site if available, may be provided to the

Contractor on chargeable basis at the discretion of the Engineer-in-Charge on
mutually agreed terms andconditions.
10.4.9 Safety
The Employer has formulated Safety Rules for Construction & Erection of Power Plants and
is enclosed at Annexure-B to GCC. These Safety Rules lay down the safety requirements
for safe execution of project activities, responsibilities of the Contractor, and all concerned
involved in Construction and Erection. The Contractor, including his subcontractors, while
executing the Works, shall strictly comply with these Safety rules and statutory requirements
(including amendments thereof), as applicable, in respect of safety of personnel, equipment
and materials at site area under execution of the Contractor.
In addition to other clauses specified in ‘NTPC Safety Rules for Construction and Erection of Power
Plants’ [as enclosed with GCC/SCC], Contractor shall adhere to the following provisions for
payment linked to Safety Compliances as specified in Payment Terms:
i) Safety Personnel
Contractor shall adhere to the requirements of Clause 2.3 (requirement of Safety

personnel) of ‘NTPC Safety Rules for Construction and Erection of Power Plants’.
ii) Personal Protective Equipment & Safety Equipment
Contractor shall adhere to the requirements of Clause 4 (Personal Protective Equipment)

of ‘NTPC Safety Rules for Construction and Erection of Power Plants’ and the provisions
of the Bidding Documents with regards to number of Safety Equipment/PPEs to be provided
by the Contractor.
In case Contractor fails to comply with aforesaid requirement, EIC/Safety Officer shall issue
a warning letter/Non-compliance Memo to the Contractor regarding the same advising him
to take corrective action.
iii) EIC/NTPC Safety Officer shall maintain written record of all such incidents when Warning
letter/Non-compliance Memo is issued to the Contractor for not meeting the requirements
of Clause 4.0 (Personal Protective Equipment) and the provisions of the Bidding
Documents. Safety Induction and Training
Contractor shall adhere to the requirements of imparting Safety training as per Clause 8.0
(Safety Induction and Training) of ‘NTPC Safety Rules for Construction and Erection of
Power Plants.
Contractor shall maintain written record of Safety trainings imparted to its Employees/
workmen for purpose of aforesaid payment. These records shall be available for review of
EIC/NTPC Safety Officer all the time.
iv) Medical and First Aid Amenities
Contractor shall adhere to the requirements of Clause 13 (Medical and First Aid Amenities)
of ‘NTPC Safety Rules for Construction and Erection of Power Plants.
NTPC Safety Officer/EIC shall maintain written record of incidences when requisite Medical
and first aid amenities as per Clause 13 of Safety Rules were not available for purpose of
aforesaid payment.
v) Compliance to Work Permit System
Contractor shall adhere to the requirements of Clause 17 (Work Permit System) of ‘NTPC
Safety Rules for Construction and Erection of Power Plants’.
In case Contractor fails to obtain work permit or fails to comply to any requirements of
aforesaid Work permit system, he will be issued a warning letter/Non-compliance Memo by
EIC/Safety Officer of NTPC regarding the same advising him to take corrective action.
NTPC Safety Officer / EIC shall maintain written record of all such incidents when Warning
letter / Non-compliance Memo is issued to Contractor for not complying with the
requirements of Work Permit System as per Clause 17 of Safety Rules for purpose of
aforesaid payment.
11. ShiftWork
11.1 To achieve the required rate of progress in order to complete the Works within
theTime for Completion, the Contractor may carry on the work, round the clock,
in multiple shifts per day, as may be necessary. The Contractor shall however be
responsible to comply with all applicable laws in thisregard.
11.2 No additional payment will be made on account of round the clock working
inmultipleshifts.
11.3 Wherever the work is carried out at nightadequate lighting ofworking areas and
access routes for pedestrians or vehicles shall be provided by the Contractor at
his cost. Sufficient notice should begiven bythe Contractor to the Engineer-in-
Charge regarding the details of works in shifts so that necessary supervision
could be provided.
12. Cooperation with other Contractors/Agencies
12.1 The Contractor shall extend all reasonable cooperation to other Contractors,
agencies etc. of the Employer engaged in connection with the Workor anyother
Work not in the scope of this Work as may be required by the Engineer- in-Charge.
12.2 The Contractor shall attend at his cost, all the meetings with the Engineer-in-
Charge, other contractors and the Consultants of the Employer forthe purposes
of the Contract. The Contractor shall attend such meetings as and when required
by theEngineer-in-Charge.
13. Materials obtained from Excavation
13.1 Materials of any kind obtained from excavation on the Site shall remain the
property of the Employer and shall be disposed of as the Engineer-in-Charge
maydirect.
14. Treasure, Trove, Fossils,etc
14.1 All fossils, coins, articles ofvalue or antiquity andstructures and other remains or
things of geological or archaeological interest discovered onthe
Site shall be the absolute property of the Employer and theContractor shall take
reasonable precautions to prevent his workmen or any other person from removing
or damaging any such article or thing, shall immediately upon discovery thereof
and before removal acquaint the Engineer-in-Chargewith such discovery and carry
out the Engineer-in-Charge's directions as to the disposition of the same, at the
cost of theEmployer.
15. Protection of Trees
15.1 Trees designated by the Engineer-in-Charge shall be protected from damage

during the course of the Works and earth level within at least one (1) meter of each
such tree shall not be disturbed. Where necessary, such trees shall be protected
by providing temporary fencing at the cost of theEmployer.
16. Security Watch and Lighting
16.1 The Contractor shall provide and maintain athis own expense alllights, guards,
fencing and watching when and where necessary or required by the Engineer-in-
Charge for the protection of the Works or for the safety and convenience of those
employed on the Works or thepublic.
17. Prevention of Pollution
17.1 The Contractor shall make necessary arrangement to prevent pollution of the water
in any adjacent water bodies including stream, springs, nallah, river and lakes etc.
The Contractor shall be solely responsible and liable for all damage
causedbyanypollutionthatmaytakeplaceduringtheexecutionoftheWork.
18. Explosives
18.1 Permission for the use of explosives shall be obtained from the Engineer-in-
Charge or from any appropriate authority as directed by the Engineer-in- Charge
and all explosive materials shall be used only under close supervision. It shall be
the responsibility of the Contractor to seek andobtain any necessary permits,
and to ensure that the requirements of the authorities are complied with, in all
respects. Failure to do so may result in the Engineer-in- Chargewithdrawing
permission to use explosives. The indemnificationprovided for, underthe General
Condition of Contract shall include indemnification against all claims in respect of
any incident arising from theuse ofexplosives.
19. Training of Apprentices:
19.1 The Contractor shall during the currency of theContract when called upon bythe
Engineer-in-Charge engageand also ensure engagement by Sub- Contractors
employed by the Contractor in connection with the Works,such
number of Apprentices inthe categories and for such periods as may be reasonably
required by the Engineer-in-Charge. The Contractor shall train them as required
under the Apprentices Act, 1961 and shall be responsible for all obligations of the
Employer under the Act including the liability to make payment to apprentices as
required under theAct.
20. Handing over of Site
20.1 The Employer shall make available the Site to the Contractor as soon as
possibleafter the award of the Contract free of encumbrance. The Contractor shall
not be permitted to enter on (other than for inspection purposes) or take possession
of the Site until instructed to do so by the Engineer-in-Charge in writing.
20.2 The Employer reserves the right to hand over the Site in parts progressively to the
Contractor. The Contractor will be required to take possession of the Site without
any undue delay and do Work on the releasedfronts inparts without any
reservationwhatsoever.
20.3 However, in case of any delay in handing over of the Site to the Contractor, which
delays the performance of the Work, commensurate to the resources mobilisedby
the Contractor, then the Contractor will be eligible for suitable extension in time for
completion of the Works or any other compensation asper the provisions of GCC
Sub-Clause29.7.
20.4 The portion of the Site to be occupied by the Contractor shallbe defined and/or
marked on the Site plan, failing which these shall be indicated by the Engineer-in-
Charge at Site and the Contractor shall on no account beallowed to extend his
operations beyond these areas. Further, the Contractor shall not
hinderinanywaytheworkingofothercontractorsontheSite.
20.5 The Contractor shall plan his work as peravailable roads at Site. Wherever,the
access roads near to the Work Site are not available, the Contractor shall makehis
own arrangement for approach tothe Work Site including borrow/disposal areas
and for movement of men, machinery, other equipment etc. required for carrying
out the Works included under this Contract. All drainage of Works area and all
weather truckable/ haulage roads as required by the Contractor shall be
constructed and maintained during the construction period by the Contractor at his
owncost.
20.6 The Contractor shall provide, if necessary, all temporary access tothe Work
Siteand shall alter, adapt and maintain the same as required from time to time and
shall take up and clearthem away as and when no longer required and, as and
when ordered by the Engineer-in-Charge and make good all damage done to
theSite.
20.7 The Contractor shall be permitted the usage of all access roads built by the
Employer for the purposes of the Contract. If any damage isdone to such roadsand
associated areas like drains, culverts and the like, by the Contractor, the same
shall be made good by the Contractor at his own cost, but as may be directed by
theEngineer-in-Charge.
21. Duties and Powers of Engineer-in-Charge and his representatives
21.1 The Engineer-in-Charge shall have the full powers in respect of all the matters in
connection with or arising out of this Contract, excepting those specifically
reserved for the Employer. However, the Engineer-in-Charge shall not haveany
power to relieve the Contractor of any of his obligations and responsibilities
under theContract.
21.2 The duties of the representative of the Engineer-in-Charge are to watch and
supervise the Works and to test and examine any materials to be used or
workmanship employed inconnection with the Works. He shall have no authority
to order any work involving any extra payment by theEmployer nor to make any
variation in the Works, creating a financial liability to the Employer.
21.3 The Engineer-in-Charge may from time to time in writingdelegate to his

representative any of the powers and authorities vested in the Engineer-in-
Chargeand shall furnish to the Contractor a copy of all such written delegation
ofpowers and authorities. Any written instruction or written approvalgiven by the
representative ofthe Engineer-in-Charge to the Contractor within the terms of
such delegation shall bind the Contractor and the Engineer-in-Charge as though
it has been given by the Engineer-in-Charge.
21.4 Failure of the Representative of the Engineer-in Chargeto disapproveany work or

materials shall not prejudice the power ofthe Engineer-in-Charge thereafter to
disapprove such Work or materials and to order the pulling down, removal or
breaking upthereof.
21.5 If theContractor shall be dissatisfied with any decision of the representative of

the Engineer-in-Charge he shall be entitled to refer the matter to the Engineer-in-
Charge who shallthere-upon confirm, reverse or vary such decision.
C. PAYMENT
22. Contract Performance Security
22.1.1 The Contractor shall within twenty-one (21) days of theLetter of Award, provide
a Contract Performance Guarantee (CPG) towards faithful performance of the
Contract for ten percent (10%) of the Contract Price. Alternatively, the Contractor
may furnish the Contract Performance Guarantee intwo Stages viz. A Contract
Performance Guarantee foran amount equivalent to 5% of the Contract Price
within twenty-one (21) daysfrom the date of Letter of Award to be followed up with
another Contract Performance Guarantee for an amount equivalent to 5% of the
Contract Price prior to the scheduled completion of 50% of total scope ofwork.
22.1.2 The Contractor also has the option to furnish an Initial Contract Performance
Guarantee (ICPG) equivalent to a minimum of 2%of theContract Price. In case of
such a Contractor, who furnishes Initial Contract Performance Guarantee, the
Employer shall at the time of making any payment to him for the work done under
the Contract deduct towards the Contract Performance Security an amount
equivalent to 10% of the gross bill amount accepted for payment until the Contract
Performance Security so deducted including the amount of Initial Contract
Performance Security becomes equal to 10% of the Contract Price, subject to the
condition that whenever the Contract Performance Security so deducted reaches
a limit of 2% of the Contract Price,
theContractormayconverttheamountintoaBankGuaranteeasaforesaid.
22.1.3 The Contract Performance Guarantee/Initial Contract Performance Guarantee

shall be in the form ofa Bank Guarantee issued by a Bank fromthe list enclosed in
the Bidding Documents. The format of the said bankguarantee shall be in
accordance with the format included in the Section VIII (Forms and Procedures).
This bank guarantee shall have an initial validity uptoninety (90) days beyond the
completion of Defect Liability Period of theContract.
However, incase the date of completion of defects liability period getsextended,

the validity of the Contract Performance Guarantee shall beextended by the
period of extension of completion of defectsliability.
22.2 One half (50%) ofthe Contract Performance Security amount shall be
refunded/released to the Contractor on the issuance of Completion Certificate by
the Engineer-in-Charge certifying the completion of entire Works under the
Contract. The Engineer-in-Charge shall on demand from the Contractor,
release/refund the remaining portion of the Contract Performance Guarantee on
expiry of the Defects Liability Period or on payment of the amount of the Final Bill
payable, whichever islater, provided the Engineer-in-Charge is satisfied that there
is no demand outstanding against the Contractor,arising
out of theContract.
22.3 No interest shallbe payable to the Contractor against theContract Performance

Guarantee furnished/recovered by way of deductions from
runningaccountpaymentsfromtheContractor,bytheEmployer.
23. Advance
23.1 Mobilisation Advance
i) A lumpsummobilisationadvance not exceeding 4% ofthe Contract Value as

awarded shall be paid to the Contractor at the rate of interest mentioned in
SCC subject tothe following conditions:
a) On unconditional acceptance of Letter ofAward by the Contractor.
b) Acceptance and finalisationof detailed Work Scheduleand

finalisationof equipment mobilizationschedule.
c) Submission of an irrevocable bank guarantee for the amount equivalent to

110% of the advance plus GST as applicable on the advance payment
to be paid to the contractor in the proforma of bank guarantee provided in
Section-VIII (Forms and Procedures) - Proforma of Bank Guarantee for
Lumpsum Advance from any bank from the list enclosed in Bidding
Documents and acceptable to theEmployer.
d) Finalisationof Quality Assurance Programmein accordance with GCC

Clause entitled ‘Quality Assuranceprogramme’.
e) Submission of an unconditional, irrevocable bank guaranteefor the

amount ofInitial Contract Performance Security Deposit/ Contract
Performance Security Deposit from any bank from thelist enclosed
in Bidding Documents and acceptable to the Employer in the
proformaof bank guarantee provided in Section VIII (Forms and
Procedures)- Form of Bank Guarantee for Contract
PerformanceGuarantee.
f) On completion of the requirement of Qualifying Requirements, the

documentation in respect ofassociate(s), if applicable, in line with
the provisions thereof inBDS, and on submission of an unconditional
and irrevocable bank guarantee from any bank as per list enclosed
in Bidding Documents and acceptable to Employer in the proforma
provided in Section VIII (Forms and Procedures).
g) The advance payment shall be released only after the verification and
confirmation of the above bank guarantees from the issuing bank.
ii) A further lumpsummobilisation advance not exceeding 4% of theContract

Value as awarded shall be paid to the Contractor from Project Site at the
rate of interest mentioned in SCC subject to the following conditions:
a) Fulfilment of conditions mentioned at GCC Sub-Clause 23.1 (i) a, b,

d, e &f.
b) On certification of the Engineer-in-Charge that the Contractor has

opened his office at Site and mobilisedthe plant and equipment
specifically identified inLetter of Award of the Contract for releasing
thisadvance.
c) Submission of an irreovcable bank guarantee for the amount equivalent to

110% of the advance plus GST as applicable on the advance payment
to be paid to the contractor in the proforma provided in Section-VIII (Forms
and Procedures) - Proforma of Bank Guarantee for Lumpsum Advance from
any bank from the list enclosed in Bidding Documents and acceptable to
theEmployer.
d) The advance payment shall be released only after the verification and
confirmation of the above bank guarantees from the issuing bank.
(e) Mobilisation advance shall be releasedafter certification of Engineer-

in-Charge that the Contractor has brought to site the Safety
equipments&Safety Personal Protective Equipmentsas per minimum
quantity specified in the BiddingDocuments.
In case the Contractor decides not to takeMobilisation advance, the

firstprogressive payment shall be released after certification of Engineer-
in-Charge that the Contractor has brought to site the Safety
equipments&safety Personal Protective Equipmentsas per minimum
quantity specified in the BiddingDocuments.
23.2 Equipment Advance
An amount not exceeding 75% of the purchase price of the new plant and
equipment specifically acquired for the Work and brought toSite against
productionof documents in support thereof and subject to the condition that the
Engineer-in-Charge considers the price reasonable and that such plant
andequipmentarenecessaryfortheWorksandnotinexcessofrequirements
and are hypothecated in favourof the Employer in the form required by the
Employer shall be payable. “In case the Contractor is anentity other than a Sole
Proprietorship Concern or a Partnership Firm, the Contractor shall get the
Hypothecation Deed thus executed, registered with the Registrar of Companies in
the manner and timeframe required as per the Companies Act, 2013 of India.”
Interest on the advance outstanding, shall be levied at the percentage mentioned
inSCC. Total advance amount againstplant and equipment shall in no case exceed
6% of the total contract value as awarded. Provided that if a request for loan is
made by the Contractor against both the aforementioned provisions of this
condition, viz. GCC Sub-Clauses 23.1 and 23.2, the total sum to be given as loan
shall not exceed 10% ofthe total contract value asawarded.
23.3 All the above advances mentioned at GCC Sub-Clause 23.1(i),23.2 (ii) and 23.2
shall be interest bearing and the rate of interest for mobilization advance and
equipment advance shall be as specified inSCC.
23.4 Any of the above advances may be claimed by the Contractor at his option in
instalments.
23.5 The above advance shall be utilisedby the Contractor for the purposes of this
Contract only and for no otherpurpose.
23.6 All payments of advances may be released electronically, wherever technically

feasible.
23.7 The recovery of the advances as above and interest thereon shall be made by
deduction from the on account payments referred to in GCC Clause entitled
‘Payment on Account/Progressive Interim Payments’ in suitable percentages fixed
by the Engineer-in-Charge in relation to the total cumulative advances released
and the progress of the work, so that all the sums advanced with interest thereon
shall be fully recovered starting from the time 10% andending by the time 80% of
the Work as awarded is completed. If the amount payable under any interim bill is
not sufficient to cover all deductions to be made for sums advanced with interest
and other sums deductible therefrom, the balanceoutstanding shall be deducted
from subsequent interim bill/bills, as may be
necessary,failingthat,asotherwiseprovidedforintheContract.
23.8 If for any reason, except for reasons of default of the Contractor, the Work under
the Contract is suspended continuously for more than fourteen(14) days, the
Contractor shall be at liberty toremove the plant and equipment or any part thereof
hypothecated to the Employer under GCC Sub-Clause 23.2 above, to any other
work site of the Contractor for carrying on his other works,on his furnishing prior
to such removal a bank guarantee acceptable to the Employer for the amount of
the outstanding advance granted under GCC Sub-
Clause23.2abovewithinterestandupontheContractorundertakingtobring
back to the Site, before expiry of the period of suspension, such plant and
equipment as may be necessary for completion of the Works. If any such Plant and
Equipment are not brought back, the Contractor shall forthwith repay the amount
for the advanceoutstanding with interest thereon against such plantandequipment.
23.9 The value of the bank guarantees towards any of the above advances shall be
reduced every three (3) months after the date of commencement ofrecovery of
corresponding advance and interest thereon under the Contract in accordance
with GCC Sub-Clause 23.7. The quantum of reduction of thevalue of bank
guarantee at any point of time shall be proportional to the quantum of work
completed as certified by the Engineer-in-Charge and applicable GST. The Bank
Guarantee value shall stand reduced to zero on completion of totalwork by the
Contractor under the Contract as certified by the Engineer-in-Charge. It should be
clearly understood that reduction in the value of bank guarantee towards advance
shall not in any way dilute the Contractor's responsibility and liabilities under the
Contract including in respect of the Works for which the
reductioninthevalueofbankguaranteeisallowed.
24. Payment on Account/Progressive InterimPayments
24.1 “Bills for the progressive payments shall be submitted by thecontractor monthly".
In order to make the Progressive Interim Payment for the work to be executedon
lump-sum basis, the contractor shall submit detailed Billing Break-up (BBU) of
the lump-sum amount for Employer's approval. The BBUso submittedby the
contractor shall be finalized in consultation withEmployer.
24.2 The progressive payment shall be released after certification by Employer's

FieldQuality Assurance Department that the Works have been performed in
accordance with the Technical Specifications and also upon authorisationfor the
payment by the Engineer-in-Charge. However, the releaseof first progressive
interim payment shallalso be subject to submission ofdocumentary evidence by
the Contractor towards having taken the insurance policy(ies) in terms of relevant
provisions of GCC Clause entitled Contractor’s Liability and Insurance’ and
acceptance of the sameby Engineer-in-Charge.
24.3 (i) The Contractorshall maintain a separate account with a Scheduled Bank
at Site for the purpose of receiving all the payments under the Contract(s)
and for utilization of payments received from the Employerfor disbursement
to sub-contractors, sub-vendors, PRW's etc., of the Contractor. The
Contractor shall maintain separate books of accountsfor all payments under
this Contract and the Engineer-in-Charge shall have access to these at
alltimes.
(ii) Account TrackingMechanism

In case the Contractor wants to withdraw funds from the above bank account
for any purposes other than the Contract, he shall be required to submit
an undertaking to the Engineer-in-Charge certifyingthat all due statutory
payments, labourpayments and payments to all his subcontractors have
been disbursed corresponding to the total payment received by him under
theContract.
For tracking of payments received from the Employer, theContractor shall

also submit a monthly statement by 7 th of every month certifying the
transactions pertaining to the above account along with the purpose of
such transactions. In case the Contractors transfers funds for any purposes
other thanthe Contract, without prior consent of the Employer, it will
constitute a breach of Contract by theContractor.
(iii) In casethe Contractor violates the above provisions, PVUN will havethe
right to give suitable instructions to the Bank to regulate / freeze the
account.
24.4 (i) In case of part acceptance of the Work, the Engineer-in-Charge shall
havetherighttoreleasepaymentforthatpartoftheWork.
(ii) Acceptance of the Work without fulfillingallthe obligations mentioned under

rates and measurement in Technical Specifications shall be considered as
part acceptance ofWork.
24.5 Payment on account for amount admissible shall be made on the Engineer-in-
Charge certifying the sum towhich the Contractoris considered entitled by way of
interim payment for thefollowing:
(a) all Work executed, after deducting therefrom the amounts already paid, the
performance security deposit and such other amounts as may be deductible
or recoverable in terms of theContract;
(b) 75 per cent of the cost (as assessed by the Engineer-in-Charge) of any
materials which are in the opinion of the Engineer-in-Charge reasonably
required in accordance with the Contract with respect to the period of
utilisation&quantum and have been brought to Site for incorporation in the
Works and are safeguarded against loss due to any cause whatsoever to
the satisfaction of the Engineer-in-Charge, but have not been so
incorporated; provided the Contractor provides an insurance cover for the
full cost of suchmaterials.
(c) Unless specifically certified/authorisedby the Engineer-in-Charge, no

suchpaymentshallbemadeagainstthematerialsbroughttoSitewhich
in the opinion of the Engineer-in-Charge are not likely to be
used/incorporated in the Works in the ensuing period of four (4)months.
24.6 The payments against materials brought to Site under (b) above shall be
adjustedasandwhenmaterialsareutilised/incorporatedintheWorks.
24.7 The Contractor shall submit his bill, by the date stipulated by the Engineer-in-
Charge, inthe prescribed proforma, supported with measurements, jointly
acknowledged and accepted inthe measurement books. Payments of the
Contractor's bill shall be paid by the Employer withintwenty-one (21) days from
the date of submission of bill subject to the authorisationof the Engineer- in-
Charge. Alternatively, ifso desired by the Contractor, after preliminary scrutiny and
certification by the Engineer-in-Charge, 75% of the certified net payable amount
shall be made by the Employer within seven (7) days. The amount certified shall
account for alldeductions, including statutory deductions as for GST (if
applicable), income tax, etc., recoveries for advances and any other amounts
due from the Contractor. The balance 25% shallbe paid within twenty-one (21)
days, from the date of submission ofthe said bill. Such payments made by the
Employer shall not constitute any acceptance of the measurements of items of
theWorks by the Employer and the Engineer-in-Charge shall have the right to
alter, modify, reduce or diminish the quantities or classification entered in the
Measurement Books or Bills. The Employer shall have right to recover any
amountpaid in an earlier bill fromany subsequent bill and should the amount to
be recovered be more than the amount of the subsequent bill, the Contractor shall
on demand from the Engineer-in-Charge or Employer immediately refund the extra
amount to the Employer within seven (7) days. Wherever technically feasible, the
payments shall be released electronically only as perdetails of bankaccount
indicated in theContract.
24.8 Any interim certificate given relating to Work done or materials delivered, maybe
modified or corrected by any subsequent interim certificate or by the
finalcertificate. Nocertificate of the Engineer-in-Charge supporting an interim
payment shall itself be conclusive evidence that any Work ormaterials to which it
relates is/are in accordance with theContract.
24.9 In case of the delayed Work beyond the scheduled completion period, pending
consideration of extension of time of completionif it had been requested by the
Contractor, interim payments shall continue to be made as herein aboveprovided.
24.10 GST applicable upon onaccount payment shall be paid/reimbursed to the

Contractor along with such payments, on production ofsatisfactory documentary
evidence bythe Contractor. However, GST as applicable on
AdvancepaymentshallbepaidtotheContractoralongwiththeAdvance
sanctioned. The GST paid along with advance shallbe adjusted prorata against
the tax due upon on account payment, based on the value ofthe advance recovered
from such on accountpayment.
Notwithstanding anything to contrary contained in theContract, the Contractor’s

right to payment under the Contract is subject to issuance of valid tax invoice,
payment of applicable GST to the credit of appropriate Government and
submission ofvalid particulars of tax invoice under GST returns in accordance with
GSTLaw.
The Contractor shall issue tax invoices, file appropriate returns, and deposit the
applicable GST to the account of appropriate government within the time limit
prescribed under the GST Law. In the event of any default, Contractor shall be
liable to pay any penalty/demand raised on PVUNdue to default by Contractor,
and the same shall be recovered/Contractor shall make good the loss.
The Contractor shall be responsible for the issuance of e-way bill and other
compliances relating to e-way bill as per GST law.
24.11 Payment of Amount linked to Safety Aspects/ compliance to Safety Rules
I. The amount linked to Safety Aspects/ compliance to Safety Rules shall be paid in two
parts, viz,
A) 10% amount (calculated as 0.1 Y of RA bill) shall be linked to Fatal/Major

Accidents, and
B) 90% amount (calculated as 0.9 Y of RA bill) shall be linked to various Safety Aspects
specified in Safety Rules of NTPC.
NOTE:
‘Amount linked to Safety Aspects/ Compliance to Safety Rules’ specified in Price
Schedule
Y= ----------------------------------------------------------------------------------------- X 100
Total Contract Price
II. While raising each RA Bill, Contractor shall claim Amount linked to Safety Aspects/ Compliance
to Safety Rules in such a manner that amount claimed is equal to Y% of RA Bill.
III. This aforesaid amount at para 24.11 (I.A) shall be withheld from first and second monthly RA
bill of the respective quarter/three month period and shall be released in part or full based on
safety compliance duly certified by EIC and Safety-in-charge on quarterly basis. The amount
for the entire quarter (i.e. RA bills raised during a 3 month period) shall be paid to the
Contractors at the end of that three months period along with 3rd/last RA Bill for the
quarter/three months period upon complying the following conditions:
C) Amount of RA Bill linked to Fatal/ Major Accidents (0.1Y i.e. 10% of amount as elaborated
above at para I)
Aforesaid amount (on quarterly basis) shall be payable to Contractor only in case, there is
i) No fatal injury or accident causing death in that three months period

ii) No Major injury or accident causing 25% or more permanent disablement to workmen or
employees in that three months period. Permanent disablement shall have the same
meaning as indicated in The Workmen's Compensation Act' 1923.
In case of any fatal injury or accident as elaborated above occurs during that three month
period, the stipulated amount (0.1Y) subject to minimum of Rs 10 Lakh per fatality shall be
forfeited and shall not be payable to the Contractor under the contract. In case, the amount to
be deducted/forfeited exceeds the amount linked to Fatal/ Major Accidents, the same shall be
recovered from remaining Amount (0.9Y) linked to Compliance of Safety Rules and/or any other
payments immediately due to the Contractor under the Contract.
In case of any Major injury or accident causing 25% or more permanent disablement to
workmen or employees occurs during that three month period, Rs 4 lakh per Major injury
shall be deducted from the amount (0.1Y) linked to Fatal/ Major Accidents and shall not be
payable to the Contractor under the contract. In case, the amount to be deducted/forfeited
exceeds the amount linked to Fatal/ Major Accidents, the same shall be recovered from
remaining Amount (0.9Y) linked to Compliance of Safety Rules and/or any other payments
immediately due to the Contractor under the Contract
Further, in case, Contractor doesn’t raise RA Bills in any three month period/quarter and if any
fatal injury and/or major accident takes place in that period, EIC shall deduct the amount [Rs
10 Lakh per fatality and Rs 4 lakh per Major injury] pertaining to this particular quarter from his
next RA bill/due payment. In case, the amount to be deducted/forfeited exceeds the amount
linked to Safety, the same shall be recovered from any other payments immediately due to the
Contractor under the Contract.
The amount deducted/forfeited as mentioned above shall be in addition to the compensation

payable to the workmen / employees under the relevant provisions of the Workmen's
Compensation Act' 1923 and rules framed there under or any other applicable laws as
applicable from time to time.
D) Amount of RA Bill linked to Compliance of Safety Rules (0.9Y i.e. 90% of
amount as elaborated above at para G.I.B)
Aforesaid amount (on quarterly basis) shall be payable to Contractor in five equal parts under five
heads as under:
(i) Amount payable on deployment of required Safety Personnel
One fifth of the amount specified in para 24.11(I.B) (calculated as 0.18Y of RA Bill), on quarterly
basis, shall be paid upon certification by EIC in consultation with
Safety dept. that required number of Safety personnel as per Clause 2.3 of ‘NTPC Safety
Rules for Construction and Erection of Power Plants’ (as enclosed with GCC/SCC) have
been deployed. The aforesaid amount linked to deployment of requisite safety personnel
shall be paid as under:
a) 50% of the amount referred above at 24.11.III.B.(i), for deployment of Safety Supervisors
shall be paid on pro-rata basis depending upon the actual no. of Safety Supervisors
deployed vis-à-vis actual requirement:
Amount to be paid = 0.09Y x RA bill amount x (a/b)
Where ‘a’ is actual no. of Safety supervisors deployed and

‘b’ is required no. of Safety supervisors as per Safety Rules.
In case, actual no. of Safety supervisors deployed is more than requisite number (i.e. a/b
is more than 1), the amount to be paid shall be restricted to 0.09Y.
b) 50% of the amount referred at 24.11.III.B.(i), for deployment of Safety Officers shall be
paid on pro-rata basis depending upon the actual no. of Safety Officers deployed vis-à-
vis actual requirement :
Amount to be paid = 0.09Y x RA bill amount x (a/b)
Where ‘a’ is actual no. of Safety Officers deployed and

‘b’ is required no. of Safety Officers as per Safety Rules.
In case, actual no. of Safety Officers deployed is more than requisite number (i.e. a/b is
more than 1), the amount to be paid shall be restricted to 0.09Y.
c) In case aforesaid requisite no. of Safety personnel are not deployed by Contractor, amount
not to be paid as calculated above for that particular quarter/three month period shall be
forfeited and shall not be payable to the Contractor under the contract.
ii) Amount payable on providing requisite Personal Protective Equipment &
Safety Equipment
One fifth of the amount specified in para 24.11(I.B) (calculated as 0.18Y of RA Bill), shall
be paid upon certification by EIC in consultation with Safety dept. that Contractor has
adhered to the requirements of Clause 4 (Personal Protective Equipment) of ‘NTPC
Safety Rules for Construction and Erection of Power Plants’ and the provisions of the
Bidding Documents with regards to number of Safety Equipment/PPEs to be provided by
the Contractor.
In case of non-compliance by Contractor, warning letter/Non-compliance shall be issued

by EIC/Safety Officer of NTPC as per clause 10.4.9 (ii) of GCC. Further, if more than two
such warning letters/Non Compliance Memos are issued in a quarter/three monthly period,
above mentioned amount for that particular quarter/three month period shall be forfeited
and shall not be payable to the Contractor under the contract.
(iii) Amount payable on providing requisite Safety Induction and Training
adhered to the requirements of imparting Safety training as per Clause 8.0 (Safety
Induction and Training) of ‘NTPC Safety Rules for Construction and Erection of Power
Plants’ to at least 90% of its employees/workmen (who have not been previously provided
with requisite training) in a quarter/ three months period.
In case Contractor fails in meeting the aforesaid requirement, above mentioned amount for
that particular quarter/three month period shall be forfeited and shall not be payable to the
Contractor under the contract.
(iv) Amount payable on providing requisite Medical and First Aid Amenities
adhered to the requirements of Clause 13 (Medical and First Aid Amenities) of ‘NTPC
Safety Rules for Construction and Erection of Power Plants’.
In case Contractor fails to provide Medical and first aid amenities as per requirement of
aforesaid Clause 13 even on one incidence in any quarter/three month period, above
mentioned amount for that particular quarter/three month period shall be forfeited and shall
not be payable to the Contractor under the contract.
(v) Amount payable on compliance to Work Permit System
adhered to the requirements of Clause 17 (Work Permit System) of ‘NTPC Safety Rules
for Construction and Erection of Power Plants’.
In case of non-compliance by Contractor, warning letter/Non-compliance shall be issued

by EIC/Safety Officer of NTPC as per clause 10.4.9 (v) of GCC. Further, if more than two
such warning letters/Non Compliance Memos are issued in a quarter/three monthly period,
above mentioned amount for that particular quarter/three month period shall be forfeited
and shall not be payable to the Contractor under the contract.
II. In case ‘Amount linked to Safety Aspects / compliance to Safety Rules’ is less than
minimum percentage(as specified in SCC) of the total Contract value, the amount by which
it is lower shall be retained proportionately from the other components of the Contract price
while releasing payments of each RA bill. No interest shall be payable on the amounts linked
to Safety Aspects / Compliance to Safety Rules including aforesaid retained amount. The
amounts linked to Safety Aspects / Compliance to Safety Rules including aforesaid retained
amount shall be payable in part or full based on safety compliance duly certified by EIC and
Safety-in-charge on quarterly basis.
iii) Contract Price Adjustment
25.1.0 The Contract Price (for definition, please refer to GCC Clause titled 'Definitions') as awarded
shall be the base Contract Price.
25.2.0 The rates quoted by the Bidder shall be the base price which will be subject to price
adjustment in accordance with the conditions and formula prescribed herein and further
subject to satisfying the requirements specified in this clause only.
25.3.0 A certain fixed percentage of base price shall not be subject to any price adjustment. The
balance percentage to be specified shall be of identified Components towards labour,
materials, steel, cement and Diesel Oil/ (POL) and shall be subjected to Price Adjustment.
25.4.1 The actual amount of price adjustment shall be determined by satisfying the conditions
specified herein and shall not exceed the maximum limit as specified inSCC.
25.4.2 The value of "F" as specified in these Special Conditions of Contract will remain unchanged
and fixed component shall not be disputed.
25.5.0 No ceiling limit on Price Adjustment on the base contract price.
25.6.0 Price Adjustment(s) shall be calculated for the quantum of works executed for the month or
the period of the bill as per agreed Work Schedule. For the purpose of payment/recovery of
price variation provisions, the Contractor would be eligible for such claims or shall be liable
for refund on the quantum of work scheduled or the actual quantum of work done provided
always that the quantum of work done is more than or equal to the scheduled quantum of
work as per the agreed Work Schedule. In other words, the Contractor shall not be eligible
for these claims nor liable or payment/refund under these provisions if the work has been
delayed beyond the scheduled date(s) for reasons attributable to Contractor. However the
Contractor would be eligible for claim or liable for refund for price adjustment(s) for quantities
of work executed beyond the scheduleddates
based on the value of Indices as applicable to the schedule date of execution, for such
delayed work provided that if the indices during the extended periods are lower than the
indices during scheduled dates of execution, then lower indices shall be applicable.
25.7.0 Additional, altered or substituted items of work, derived from the agreed schedule of rate (to
be attached in the "Award Letter") will also attract price adjustment as per this clause. No
price adjustment is payable for the rate/amount of the additional, altered or substituted items
of works, when derived from or based on Market rates as per clause 49 of Section- IV, GCC.
No price adjustment for the cost of Owner Issued materials (viz. steel & cement or any other
item(s) issued from Owner's Store) shall be applicable, which are issued at free of cost to
the Contractor.
25.8.0 Every month after the award of Contract, the Contractor shall submit to the Engineer-in-
Charge, a written notice of the changes, if any, that have occurred in the specified indices
of materials, labour, Gases or High Speed Diesel Price, during the previous reporting period
containing the effective date of such change, the amount of change for the claim of the
amount of Contract price adjustment with authenticated documentary evidence of the
relevant published indices/diesel price to substantiate the priceadjustment.
25.9.0 Provided further that such payment/refund shall not be operative and payable after the
Schedule expiry of the Contract period or authorized extended Contract period or extended
date of completion of works or items of works in question, whichever isearlier.
25.10.0 In cases, the work or items of work, or group of items of work, are delayed beyond the
schedule dates for the work, for reasons attributable to the Contractor, the price adjustment
provisions shall not be applicable for the period of time between the schedule date and the
actual date, but for as provided above in sub-clause25.6.0.
25.11.0 For this purpose, the schedule date of work shall be as identified in line with provisions of
clause entitled "TIME AND EXTENSION FOR DELAY" and/ or "The Work Schedule/ Bar
Chart" (which will be discussed and finalised before Award of work) wherein the separate
period of completion has been specified/ agreed to for items, or groups of items, orworks.
25.12.0 TOTAL ADJUSTED CONTRACTPRICE
The total adjusted Contract price shall be Sigma (ACP) + other elements of Contact price
ifany.
25.13.0 Except as provided therein, no other expenditure incurred by the Contractor, due to levy of
additional/increase in royalty, insurance premium(s) benefits to workers/ Labourers or any
other Clause(s)/ items(s) due to any reason whatsoever, shall be payable to the Contractor.
25.14.0 Tender specifying provisions other than those specified above
run the risk of rejection .

25.15.0 The Contractor shall be required to produce necessary “Price List” for High Speed Diesel at
the Indian Oil Corpn. retail outlet nearest to the project and “Monthly Bulletins” issued by
office of the Economic Adviser, Ministry of Commerce & Industry, Government of India/
Labour Bureau, Shimla (as published by RBI) or any other related bulletin for materials/
Labour for receiving payments from Employer/ Refund to be made to Employer as required
in the Price Adjustment Formula mentioned above.
26. Taxes, Duties, Leviesetc .
26.1 Except as other wise specifically provided in the Contract, the Contractor
shallbe liable and responsible for the payment of all taxes, duties, levies
andcharges imposed on the Contractor, its Sub-Contractors and those
imposed on the Contractor's equipment, materials, supplies and services to
be used in the performance of the Contract or furnished under theContract.
26.2 The Award of the Contract is on 'Works Contract' basis. Notwithstanding GCC
Sub-Clauses 26.1 above, the Employer shall bear and pay/reimburse to the
Contractor, Goods and Services Tax (GST) applicable on the items of Works
Contract described in the Schedule of Quantities. However, the taxes, duties
&levies as may be applicable on thematerials used for Works Contract shall
be to the contractor's account and no separate claim in this regard will be
entertained by the Employer. Further, in case of any variationin the rates of
the GST after the date seven (7) days prior to deadline set for submission of
the Techno-Commercial bids, the same shallbe paid/ reimbursed to/
recovered from the Contractor subject to submission of documentaryevidence.
26.3 It shall be incumbent upon the Contractor to obtain aregistration certificate

under the GST Law, and other law(s) relating tolevy of tax, duty, cess etc.
and necessary evidence to this effect shall be furnished by theContractor to
the Employer. If the Contractor intends to engage itselfin quarryingor mining
of soil/earth, sand, stone/aggregates, metals, minerals or minor minerals
required for the Works, as the case may be, it shall obtain necessary permits
under the applicable law for such mining or quarrying from the State/Central
Government authorities and pay the fee orcharges applicable thereto.
26.4 The Contract Price shall be inclusive of any Royalties or SeigniorageFee

orCessor other charges payable on the quarried or mined metal, minerals,or
minor minerals, as the case may be, at the rate(s) prevailing as on seven (7)
daysprior to the deadline set for submission ofbids.
26.4.1 It shall be the responsibility of the Contractor to ensure that the Royalties or
SeigniorageFee or Cessor other charges on the quarried or mined metal, minerals
or minor minerals are paid to thestatutory authorities.
26.4.2 The component of Royalties or SeigniorageFee or Cessor other charges, if

applicable in a running account bill, shall only be released by the Employer to
theContractor on submission of the following documentsin original:
A) In case the Contractor is the primary license holder of the quarry/ mines:
i) Vehicle wise challan / transitpermit and proof of payment of royalty,and
ii) Any other document required asper the relevant Acts/Rules of the
concernedstate.
B) In case the Contractor is the purchaser of soil/earth, sand, stone/aggregates,
metals, minerals or minorminerals:
i) Purchase voucher and vehicle wise challan / transit permit and proof of
payment of royalty,and
ii) Any other document required as per the relevant Acts/Rules of the
concerned state.
26.4.3 Final bill payment shall be released to the Contractor on production of royalty
clearance certificate issued by the concerned statutory authorities for total
quantity of quarried or mined metal, minerals, orminor minerals required for
theWorks.
26.4.4 The Contractor shall pay and indemnify the Employer against any default in
payment of Royalties or SeigniorageFee or Cessor other charges by the Contractor
orthe agency from which the Contractor purchases soil/earth, sand,
stone/aggregates, metals, minerals or minorminerals.
26.4.5 In the event of there being a statutory increase in therates of royalty charges/fresh
levy of royalty on materials, the same shall be reimbursed to the Contractor upon
submission of original challan by him of having made the payments at revised rates.
In the event of there beinga decrease in such rates, the same shall be recovered
from the Contractor. The base date for calculating the increase or decrease shall
be the rate as onseven (7) days prior to the date of Techno-Commercial bid
opening. The total reimbursement (positive or negative) as specified above, to be
paid orrecovered, shall however be calculated on the quantity of materials actually
considered while making the royalty payments to the concerned authorities, or the
theoretical consumption of these materials (calculated on the basis of the volume
of concrete or fill accepted for payment), whichever is less, and on the basis of
documentary evidence ofGovt. Notification. However, the Contractorwill
settleclaims,ifany,onaccountofoverchargebytheStateAuthorities.
26.5 If a new tax, duty or levy is imposed under statute or law in India after
thedate seven (7) days prior to deadline set for submission of the bids and the
Contractor becomes liable there under to pay and actually pays the said
newtax, duty or levy for bonafideuse on the Works contracted, the same shall
be reimbursed to the Contractor against documentary evidence of proof of
payment, provided that the amount thus claimed is not paid/payable under
pricevariation provision of theContract.
26.6 The payment/reimbursement of statutory variations in therates of tax and/or of

new tax, duty or levy imposed under statute or law in India as per GCC Sub-Clauses
26.2, 26.3, 26.4 and 26.5 above, would be restricted onlyto direct transactions
between the Employer and the Contractor.
26.7 TheEmployershallbeentitledtomakenecessarytaxdeductionsatsourceas
per the prevalent laws. The Contractor shall be required to submit the PAN details
to the Engineer-in-Charge before the submission of the first bill/ invoice under
the Contract.
26.8 The Contractor shall himselfbe informed of all the applicable laws, notifications,
rules, circulars and other communications of the State or Central or other
authorities with regard to levy of any tax, duty, cess, levy or fee etc, whichin any
manner may impinge upon him in performance of any
obligations/responsibilitiesunderorarisingoutoftheContract.
27 Overpayments and Under payments
27.1 Wherever any claim for the payment of a sum of money to the Employer arises out
of or under this Contract against the Contractor, the Contractorupon demandby
the Employer or by the Engineer-in-Charge onbehalf of the Employer, with
explanation of the reasons for such a sum/ claim becoming due, shall forthwith
pay the same to the Employer. If the Contractor fails todo sowithin twenty-one (21)
days of such a claim, then the same may be deducted by the Employer from any
sum then due orwhich at any time thereafter may become due to the Contractor
under this Contract or from any other sum due to the Contractor from the Employer
which may be availablewith the Employer or from his securitydeposit.
27.2 The Employer reserves the right to carry out post payment audit and technical
examination of the final bill including all supporting vouchers,abstracts, etc.The
Employer further reserves the right to enforce and recover any overpayment
when detected, notwithstanding the fact that the amount of the final bill may
include any item which is under dispute between the parties and referred to for
settlement under GCC Clause entitled ‘Settlement of Disputes’ and
notwithstanding the fact that the amount of the final bill figures in the
arbitrationdecision/award.
27.3 If as a result of such audit and technical examination, any overpayment is

discovered in respect of any Work done by the Contractor or alleged to have been
done by him under the Contract, it shall be recovered by the Employer from the
Contractor by any or all of the methods prescribed above. Similarly, if any
underpayment is discovered by the Employer, the amount shall be dulypaid to the
Contractor by the Employerforthwith.
27.4 Provided that the aforesaid right of the Employer to adjust overpayments
against amounts due to the Contractor under any other Contract with the
Employer shall not extend beyond the period of two years from the date of
payment of the final bill or in case the final bill is a minus bill, from the date
the amount payableby the Contractor under the minus final bill is
communicated to theContractor.
27.5 Any amount due to the Contractor under this Contract for underpayment
mayalso be adjusted against any amount then due or which may at any time
thereafter become due from the Employer to the Contractor under any other
Contract or accountwhatsoever.
28 Time Limit for submission &payment of Final Bill and waiver of

rights of all claims
28.1 The final bill shall be submitted by the Contractor within three (3) months of
physical completion of the Works unless otherwisealonger period is agreed
to between the Engineer-in-Charge and the Contractor. No furtherclaims shall
be made by the Contractor after submission of the final bill and these shall be
deemed to have been waived and extinguished. Payment of thefinal bill will
bemadewithinfour(4)monthsofreceiptofthesame.
D. EXECUTION OF FACILITIES
29 Work Commencement, Execution &Delays
29.1 Commencement of Works
The execution of theWorks shall commence from the14 th day after the date on
which the Engineer-in-Charge issues written orders to commence the Work,unless
otherwise stated elsewhere in theContract.
29.2 Time forCompletion
The entire scope of Work covered under this Contract shallbe completed within
the time stated in SCC or within such extended time granted to the Contractor by
the Employer under the provisions of GCC Sub-Clause 29.5. The time allowed
for execution of the Works as specified in the SCC or the extended time in
accordance with these Conditions shall be the essence of the Contract.
29.3 Work Progress
29.3.1 Unless already incorporated in the Letter of Award, assoon as possibleafter the
Contract isawarded, the Engineer-in-Charge and the Contractor shall agree upon
a Work Schedule which will become the Contract Work Schedule.The Work
Schedule shall be preparedindirect relation to the time stated in the Contract
documents for the completion of the Works. The Work Schedule shall indicate the
forecast of the dates of commencement and completion of various trades or
sections ofwork.
29.3.2 All the Contractor’s activities shall beperformed and completed strictly in
accordance with the agreed Work Schedule and to achieve the targets, the
Contractor shall have to plan adequate mobilisationofall resources.The
Engineer-in-Charge, shall however, have the right to review the progress and
modify the sequence of carrying out the Work suitingthe Site conditions and the
Contractor shall be required to comply with such modifications and complete his
activities in accordance thereof without any extra cost to the Employer.
29.3.3 Maintenance of Records of Weekly Progress Review Meetings at Site
The Contractor shall be required to attend all weekly site progress review meetings
organized by the 'Project Manager' or his authorised representative. The
deliberations in the meetings shall inter alia include the weekly program, progress
of work (including details of manpower, tools and plants deployed bythe contractor
vis-a-vis agreed schedule), inputs to be provided by Employer, delays, if any and
recovery program, specific hindrances to work and work instructions by Employer.
The minutes of the weekly meetingsshall be recorded intriplicate in a numbered
register available with the 'Project Manager', or his authorized representative.
These recordings shall be jointly signed by the Project Manager or his authorized
representative and the Contractor and one copy of the signed records shall be
handed over to the Contractor.
The following documents shall form the principal basis forconsideration of Time
Extension Pursuant to GCC Clause 29.5 with orwithout LD, determining the
compensation amount pursuant to GCC Clause 29.6 and settlement of extra
claims during the executionof contract:
1. The joint recordings in the weekly review meetings register 2.
Records of Technical CoordinationMeetings
3. Records of Contract ReviewMeetings
4. Written notices issued by the "Engineer in Charge" or his authorized

representative to contractor in the relevantperiod.
5. Written requests/ notices by the Contractor to Employer/ Engineer-in-Charge in the

relevant period
29.4 Contract Coordination Procedures, Coordination Meetings

&Progress Reporting
29.4.1 The Contractor shall prepare and finalisein consultation with the Engineer-in-
Charge, a detailed contract coordination procedure within twenty-eight (28) days
from the date of issue of Letter of Award, for the purpose of execution of
theContract.
29.4.2 The Contractor shall have to attend all the meetings at his own cost with Engineer-
in-Charge or any authorisedrepresentative of the Employerduringthe currency of
the Contract, as and when required and fully cooperate with such persons and
agencies involved during these discussions.
29.4.3 During the execution of theWork, the Contractor shall submit at his own cost a
detailed monthly progress report to the Engineer-in-Charge in three copies, latest
by 14 th of everymonth.
29.5 Extension of Time forCompletion
29.5.1 The Time for Completion specified shall be extendedifthe Contractor is delayed
or impeded in the performance of any of the obligations under the Contract by
reason of any of thefollowing:
a) any occurrence of Force majeure as provided in GCC Clause entitled ‘Force

Majeure’,or
b) Work Schedules for beyond deviation limits &Extra Items as provided in

GCC Sub-Clause 49.5,or
c) any default or breach of the Contract by the Employer, or delayon the part
of other contractors engaged by the Employer in executing work not forming
part of this Contract,or
d) any suspension order given by the Employer under GCC Sub-Clauses50.1

(ii) and 50.1 (iii),or
e) Any other sufficient cause which, inthe opinion of the Engineer-in- Charge,
is beyond the Contractor’s reasonablecontrol;
by such period as shall be fair and reasonable in all the circumstances and as shall fairly
reflect the delay or impediment sustained by the Contactor.
29.5.2 Except where otherwise specifically provided in the Contract, the Contractor shall
submit to the Employer a notice in writingof a claim for an extension of the Time
for Completion, together with particulars of the event or circumstance justifying
such extension as soon as reasonably practicable, but no later than twenty-eight
(28) days after the commencement of such event or circumstance. As soon as
reasonably practicable, after the receipt ofsuch notice and supporting particulars
of the claim, the Employer shall give a fairand reasonable extension of time for
completion of Work. Such extension shall be communicated to the Contractor by
the Engineer-in-Charge in writing, within fifty-six (56) days ofthe date of receipt
of such request by the Engineer-in-Charge.
29.5.3 The Contractor shall at all times use his reasonable efforts to minimiseany
delayintheperformanceofhisobligationsundertheContract.
29.5.4 The compensations, if any, payable to the Contractor on account of any one or
more of the above reasons of delay have been separately dealt with under relevant
provisions of theContract.
29.6 Liquidated Damages for Delay
29.6.1 If the Contractor fails to complete the Work on or before the scheduled or extended
date of completion as per GCC Sub-Clauses 29.2 and 29.5, he shall, without
prejudice to any other right orremedy of theEmployer, arising out of the Contract
on account of such delay, be liable for payment of liquidated damages, not as
penalty, as per provisions of SCC Clause entitled ‘Liquidated Damages forDelay’.
29.6.2 The following documents shall form the principal basis for consideration of
Extension of Time for Completion pursuant to GCC Sub-Clause 29.5 with or
withoutLiquidated Damages and determining the compensation amount pursuant
to GCC Sub-Clause29.6.
1. The joint recordings in the periodic meeting register, 2.
Records of Technical Coordinationmeetings,
3. Records of Contract Reviewmeetings,
4. Written notices issued by the Employer and/orthe Engineer-in-Charge or

his authorized representative to the Contractor in the relevantperiod.
5. Written requests/ notices by the Contractor to Employer/ Engineer-in-

Charge in the relevantperiod.
29.7 Delays by Employer or his Authorised Representative
29.7.1 In case the Contractor's performance is delayed due to any act of omissionon the
part of the Employer or his authorisedrepresentative, then the Contractor shall be
given appropriate extension of time for the completion of the Works, to the
extent such omission on the part of the Employer has caused delay in the
Contractor's performance of his work. Regarding reasonableness or otherwise of
the extension of time, the decision ofthe Engineer-in-Charge shall befinal.
29.7.2 If such delays by the Employer have resulted in any increase in the cost to the
Contractor, the Contractor shall be eligible to claim demonstrable andreasonable
costs supported by full details of such increased costs incurred by him with all
documentary evidence. The Employer shall examinethe justification for such a
request for claim and if satisfied, the extent of compensation shall be mutually
agreed depending upon the circumstances at the time of such anoccurrence.
30. SubContracts
30.1 After the award of the Contract, the Contractorshall notsubcontract the Works/
any part of the Works without the prior written consent of the Engineer- in-
Charge.Any such consent shall not relievethe Contractor from any liability or
obligation under the Contract and he shall be responsible for the acts,defaults and
neglects of any Sub-Contractor, his agents, servants or workmen as fully as if they
were the acts, defaults or neglects of the Contractor, his agents, servants
orworkmen.
Provided that the Contractor shall not be required to obtain such consent for:
a) the provision oflabour,
b) the purchase of materials which are in accordance with the standards

specified in the Contract,or
c) the subcontracting of any part of theWorks for which the sub-contractoris

named in theContract.
In the event of the Contractor proposing a sub-contractor for any part of the Works
after the award of the Contract, he shall be requiredto take approval from the
Engineer-in-Charge. If the Engineer-in-Charge approves of the same,he shall
stipulate qualifying requirements forthe sub-contractors to perform the specified
part of Work. The Contractor will then submit the requisite credentials of the
agency(ies) he proposes to engage. The details so furnishedby the Contractor
shall be reviewed by the Employer. In case the agency(ies) proposed by the
Contractor for the subcontracting are not consideredacceptable, the Contractor
will be required to furnish credentials of alternate agency(ies) for approval of
Engineer-in-Charge. Based on the review and assessment, the agency(ies) shall
be approved by the Engineer-in-Charge withintwenty-one (21) days of furnishing
of credentials by theContractor.
30.2 Where a list of approved agenciesfora sub-contracting work is provided in the

Contract, the Contractor shall inform the name of the sub-contractorselected by
him within a period asagreed with the Engineer-in-Charge, however not later than
twenty-eight (28) days of the date of suchselection.
31. Setting out theWorks
31.1 The Engineer-in-Charge shall supply dimensioned drawings, levels and other
information necessary to enable the Contractor to set out the Works and the
Contractor shall set out the Works and be responsible for the accuracy of the same.
Heshall amend at his own cost and to the satisfaction of the Engineer-in-Charge
any error found at any stage which may arise through inaccurate setting out unless
such error is based on incorrect data furnished in writing by the Engineer-in-
Charge, in whichcase the cost of rectification shallbe borne by the Employer. The
Contractor shall protect and preserve all bench marks used in settingout the
Works till date of submission of final bill under the Contract, unless the Engineer-
in-Charge directsotherwise.
32. Methodology of Construction & Equipment Mobilisation
32.1 Methodology of construction and the work plan adopted by Contractor shall
matchthe construction methodology/requirements specified in Technical
Specifications.
32.2 The suggested minimum plant &equipment and machinery to be deployed by the
Contractor for the execution of Work shall be as given in Technical Specifications.
32.3 The Contractor shall arrange athis own expense all tools, plantand equipment
including Crane(s) (hereinafter referred to as T&P) required for execution of
thework.
32.3.1 If the Contractor requires any item of T & P on hire from the Employer, the Employer
will, if such item is available, hire it to the Contractor at an hourly rate to be fixed
by the Engineer-in-Charge.
32.3.2 The T&P shall be givento the Contractor onhire by the Employer for a period of
one hour or its multiple thereof. In case the T&P ishired by theContractor for a
period of four hours or less, the hire charges applicable for a minimum period of
four hours shall be recovered from the Contractor’s bills. In case the T&P is hired
by the Contractor for a period exceeding four hours, thehire charges shall be
calculated based on the chargesapplicable asper hourly rate. The hire charges in
respect of T&P given on hire to the Contractor by the Employer shall be recovered
from the Contractor’sbills.
32.3.3 For accounting purpose, total working hours shall be considered to bethe period
between time of placement of T&P to the Contractor at the requested location and
time of release of the same. This shall be loggedinRecord Book on daily basis and
shall be signed between Contractor/ Subcontractor and the Engineer-in-charge or
his authorised representative. In case the T&P issued to the Contractor is not
ownedby the Employer but hired from another agency,the
authorisedrepresentative of the agency providing the T&P will alsosign
the said Record Book. In case the Contractorcontests correctnessof any entry
and/or fails to sign the Record Book the decision of the Engineer-in- Charge shall
be final and binding on him. Hire charges shall be calculated in accordance with
the entries in the RecordBook.
32.3.4 The Contractor will be exempted from levy of any charges for the numberofdays
he is called upon in writing by the Engineer - in- Charge to suspend execution of
the work, provided Employer’s T&P/ T&P hired by the Employer in question has,
in fact, remained idle with the Contractor because of the suspension, provided the
Contractor, in case the period of suspension exceeds 11 days, returns
Employer’s T &P/ T&P hired by the Employer to the place from where it wasissued.
32.3.5.1 T&P owned by Employer
The hire charges will cover financing cost, charges ofcrew, depreciation, stores
for maintenance and cleaning purposes and fuel needed to start a machine at the
time of issue. All other charges such as cost of fuel for running a machine, engine
oil, kerosene oil, etc., for working Employer’s T&P, and all unskilled labourand
water required for servicing/wash outshall be borne by the Contractor. The
Contractor shall permit theEngineer-in-Charge tocarry out periodical
maintenance of Employer’s T&P in accordance with the provision there for in the
aforesaid Schedule, and there will be no deduction in hire charges for the period
spent on suchmaintenance.
However, the Contractor shall be allowed to return the tools and plants (issued
bythe Employer) for purposes ofrepairs and for the duration of such repairs no
hire charges shall, belevied.
The Contractor shall be responsible for care and custody of Employer’s T&P
(including employment of chowkidars) during the period Employer’s T&P remain
with him and any damage (fair wear and tear excepted) to any of the
equipment(except for Excepted Risks provided always the Contractor has taken
precautions necessary to protect itfrom such risks) shall be made good at the
Contractor’s expense to the satisfaction of the Engineer-in-Charge unless such
damage is caused because of negligence of crew provided by the Employer.
32.3.5.2 T&P hired by the Employer
The hourly hiring rate for T&P hired by the Employer from another agency and issued to
Contractor shall be all inclusive rate including the cost of hiring, operation & maintenance
charges, fuel charges and other charges.
32.3.6 The Employer gives no guarantee in respect of output of T & P hired to the
Contractor and no reduction in rates or any compensation shallbe allowedon the
ground that out turn or performance of Employer’s T &P/ T&P hired by the Employer
was not tothe Contractor’s expectation.
32.3.7 The T&P hired to the Contractor shall be returned at the place of issue by the
Contractor to the Engineer-in-Charge (unless otherwise directed) on executionof
the work or section of the work at the end of the day. In casethe T&P isused by
the Contractor in continuation of previous requisition and the crane has not moved
out of his work area, then the movement of crane for fresh requisition(s) by the
Contractor withinhis work area shall be to the Contractor’saccount.
32.3.8 The Employer shall be entitled to terminate the hire without assigningany reason
whatsoever and the Contractor shall have no claim to any payment of
compensation or otherwise whatsoever on account of termination of hire of T&P
issued by the Employer. On termination of the hire by the Employer, the Contractor
shall return the T&P at the place of issue unless otherwise directed bytheEngineer-
in-Charge.
32.4. The Contractor shall arrange athis own expense all tools, plantand equipment
including Crane(s) (hereinafter referred to as T&P) required for execution of
thework.
32.4.1 If the Contractor requires any item of T&P on hire from the Corporation, the
corporation will, if such item is available, hire it tothe Contractor at an hourlyrate
to be fixed by theEngineer-in-Charge.
32.4.2 The T&P shall be given to the Contractor on hireby theCorporation for a period of
one hour or its multiple thereof. In case the T&P is hired by the Contractor for a
period of four hours or less, the hire charges applicable for a minimum period of
four hours shall be recovered from the Contractor’s bills. In case the T&P is hired
by the Contractor for a period exceeding four hours, thehire charges shall be
calculated based on the charges applicable as per hourly rate. The hire charges in
respect of T&P given on hire to the Contractor by the Corporation shall be
recovered from the Contractor’sbills.
32.4.3 For accounting purpose, total working hours shall be considered to bethe period
between time of placement of T&P to the Contractor at the requested location and
time of release of the same. This shall be logged in Record Book on daily basis
and shall be signed between Contractor/ Subcontractor and the Engineer-in-
charge or his authorised representative. In case the T&P issued to the Contractor
is not owned by the Corporation but hired from another agency,the authorized
representative of the agency providing theT&P will also sign the said Record
Book. In case the Contractor contests correctness of any entry and/or fails to
sign the Record Book the decision of the Engineer-in- Charge shall be final and
binding on him. Hire charges shall be calculated in accordance with the entries in
the Record Book.
32.4.4 The Contractor will be exempted from levy of any charges for the number of days
he is called upon in writing by the Engineer-in-Charge to suspend execution of the
work, provided Corporation’s T&P/T&P hired by the Corporation in question has,
in fact, remained idle with the Contractor because of the suspension, provided
the Contractor, in case the period of suspension exceeds 11 days, returns
Corporation’s T&P/T&P hired by the Corporation to the place from where it was
issued.
33. Patent Indemnity
33.1 The Contractor shall indemnify and hold harmless the Employer and its employees
and officers from and against any and all suits, actions or administrative
proceedings, claims, demands, losses, damages, costs, and expenses of
whatsoever nature, including attorney’s fees and expenses, which the Employer
may suffer as a result of any infringement or alleged infringement ofany patent,
utility model, registered design, trademark, copyright or other intellectual property
right registered or otherwise existing at the date of the Contract in the performance
of theContract.
33.2 In the event of any claim being made or action being brought against the Employer
or its representatives or its employees, in respectof any such matters asaforesaid,
the Contractor shall immediately be notified thereof. However, such indemnity
shall not apply when such infringement has taken place in complying with the
specific directions issued by the Employer; but the Contractor shall pay any
royalties or other charges payable in respect of any such use, the amount so paid
being reimbursed tothe Contractor only if the use was as a result of any drawings
and/or specifications issued after the award of Contract by the Employer,
provided further that the Contractor has brought to the notice of the Engineer-in-
Charge, of such infringement immediately upon the instructions ofthe Engineer-
in-Charge or upon the Contractor becoming aware of suchinfringement.
34. Materials for the performance of the Contract
(a) Materials to be provided bythe Contractor
1. The Contractor shall at his own expense, provide all materials

required for the Works other than those which are to be issued by
theEmployer.
2. All materials to be provided by the Contractor shall be inconformity

with the specifications laid down in the Contract and the Contractor
shall, ifrequested by the Engineer-in-Charge, furnish proof to the
satisfaction of Engineer-in-Charge that the materials socomply.
3. Wherever required bythe Engineer-in-Charge, the Contractor shall,

at his own expense and without delay, provide samplesof
materials proposed to be used in the Works. The Engineer-in- Charge
shall within seven (7) days thereafter or within suchfurther period
as he may require, intimate to the Contractor in writing, whether
samples are approved by him or not. If samplesare not approved, the
Contractor shall forthwith arrange for fresh samples complying with
the Technical specifications laid down in the Contract, for approval.
4. The Engineer-in-Charge shall have full powers to require removal of

any or all of the materials brought to site by the Contractorwhich are
not in accordance with the Contract specifications or do not
conform in character or quality to samples approved by him. In case
of default on the part of the Contractor in removing rejected materials,
the Engineer-in-Charge shall be at liberty to have them removed
byother means. The Engineer-in-Charge shall have full powers to
order the Contractor to provide other proper materials tobe
substituted for rejected materials and in the event of the Contractor
refusing to comply, he may cause the same to be supplied by other
means. All costs, which may attend upon such removal and/or
substitution, shall beborne by the Contractor.
5. The Engineer-in-Charge shall be entitled to have tests carried out as

specified in the Contract for any materials supplied by the Contractor
other thanthose for which, as stated above, satisfactory proof has
already been furnished, at the cost of the Contractor and the
Contractor shall provide at his expense all facilities which the
Engineer-in-Charge mayreasonably require for the purpose. If no
tests are specified inthe Contract, and such tests are required by
the Engineer-in-Charge, the Contractor shall provide all facilities
required for the purpose and the charges for these tests including
the cost of materials consumed/used in such tests shall be to the
account of Employer, except ifthe tests disclose that the said
materials are not in accordance with the provision of the Contract,
then the same shall be to the account ofthe Contractor.
6. The Contractor shall indemnify the Employer, itsrepresentatives orits

employees against any action, claim or proceeding relating to
infringement or use of any patent or design or any alleged patent or
design rights and shall pay any royalties or other charges which may
be payable in respect of any article or material or part thereof
included in the Contract. In the eventof any claim beingmade or
action being brought against the Employer or its representatives or
its employees, in respect of any such matters as aforesaid, the
Contractor shall immediatelybe notified thereof. However, such
indemnity shall not applywhen
such infringement has taken place in complying with the specific
directions issued by the Employer; butthe Contractor shall pay any
royalties or other charges payablein respect of any such use, the
amount so paid being reimbursed tothe Contractor only if the use
was as a result of any drawings and/or specifications issued after the
award of Contract bythe Employer, provided further that the
Contractor has brought to the notice of the Engineer-in-Charge, of
such infringement immediately upon the instructions of the Engineer-
in-Charge or upon the Contractor becoming aware of
suchinfringement.
7. Subject as hereinafter provided in GCC Clause entitled ‘Contract

Price Adjustment’ all charges on account of G S T andother levies/
octroion materials obtained for the Works from any source (excluding
materials issued by theEmployer) shall be borne by theContractor.
(b) Materials to be issued bythe Employer:
(i) Materials to be issued by the Employer free ofcost
The Employer, if sostipulated in SCC, may issue cement,

reinforcement steel and structural steel to the Contractor free of cost
for incorporation inthe Works as per the terms and conditions
specified in the SCC/TechnicalSpecifications.
(ii) Materials to be issued by the Employer on chargeablebasis
Ifafter the award of theContract, the Contractor desires the Employer

to issue/supply any other materials, for the purposes of the Contract
such materials may be issued by the Employer, if available, at rates
and terms and conditions to be fixed by the Engineer-in-Charge. The
Employer reserves the right not to issue any such materials. The non-
issue of such materials will not entitle the Contractor for any
compensation whatsoever either in time or incost.
(c) General:
1. Materials required for the Works, whether broughtby the Contractor

or issued by the Employer, shall be stored by the Contractor only at
places approved by the Engineer-in-Charge. Storage and safe
custody of material shall be the responsibility of theContractor.
2. Engineer-in-Charge shall be entitled at any time to inspect and

examineanymaterialsintendedtobeusedinorontheWorks,
either on the Site or at factory or workshop or otherplace(s) where
such materials are assembled, fabricated, manufactured or at any
place(s) where these are lying or from which these are being
obtained and the Contractor shall give such facilities as may be
reasonably required for such inspection andexamination.
3. All materials brought to the Site shall not be removed off the Site
without the prior written approval of the Engineer-in-Charge. But
whenever the Works are finally completed and advance, if any, in
respect of any such material is fully recovered, theContractor shall
at his own expense forthwith remove from the Site all surplus
material originally supplied byhim.
4. The Employer may issue all the materials agreed to beissued to the
Contractor under the Contract, at its site stores, or nearest railhead.
In case the materials are issued atthe nearest rail head, the cost of
transportation only, from such rail head to the Site will be borne by
the Employer, subject to the reasonableness of such transportation
cost being certified by the Engineer-in- Charge. All other costs such
as loading, unloading, transportation to Contractor’s godown,
storageetc. till the materials are incorporated in the Works or
returned to the Employer shall be to the account of the Contractor.
5. All materials issued tothe Contractor, by the Employer for

incorporation or fixing in the Works (including preparatory
work)shall,on completion or on termination of the Contract, be
returned by the Contractor athis expense, at the Employer’s
store,after making due allowance for actual consumption,
reasonable wear and tear and/or waste. Ifthe Contractor is required
to deliver such materials at aplace other than the Employer’s store,
he shall do so and the transportation charges from the Site to such
place, less the transportation charges which would have been
incurred by the Contractor, had such materials been delivered at the
Employer’s store, shall be borne by the Employer.
35. Quality Assurance Programme
35.1 Sampling, testing and quality assurance requirements are given in Technical
Specifications.
35.2 All costs associated with testing of materials required as per Technical
Specifications shall be deemed to be included in Contract rates/prices in the
Schedule ofQuantities.
36. Inspection and Approval

36.1 All Works embracing more than one process shall be subjectto examinationand
approval at each stage thereof and the Contractor shall give due notice to the
Engineer-in-Charge or his authorisedrepresentative when each stage isready. In
default of such notice, the Engineer-in-Charge shall be entitled to appraise the
quality and extentthereof.
36.2 No work shall be covered up or put out of view without the approval of the Engineer-
in-Charge or his authorized representative and the Contractor shall provide full
opportunity for examination and measurement of any work which is about to be
covered up or put out of view and for examination of foundations before further
work is placedthereon. The Contractor shall give due notice to theEngineer-in-
Charge or his authorised representative whenever any such work or foundation is
ready for examination and the Engineer-in-Charge or his representative
shallwithout unreasonable delay, unless he considers it unnecessary and advises
the Contractor accordingly’ attend for the purpose of examining and measuring
such work or of examining such foundations. In the event of thefailure of the
Contractor to give such notice heshall, if required bytheEngineer-in-
Charge,uncoversuchworkathisownexpense.
36.3 The Engineer-in-Charge or his authorisedrepresentative shall have powers at any

time to inspect and examine any part ofthe Works and the Contractor shall give
such facilities as may be reasonably required for such inspection
andexamination.
36.4 The Contractorshall uncover any part of the Works and/or make openings in or
through the same as the Engineer-in-Charge may from time to time directfor his
verification and shall reinstate and make good such part to the satisfaction of the
Engineer-in-Charge. If any such part has been covered up or put out of view
afterbeing approved by the Engineer-in-Charge and is subsequently found on
uncovering to have been executed inaccordance with the Contract, the expenses
of uncovering and/or makingopening in or through, reinstating and making good
the same shall be borneby the Employer. In any other case all such expenses
shall beborne by the Contractor.
36.5 The additional &specific inspection and approvalrequirements in respect of the

Works are detailed further in theTechnical Specifications.
37. Records and Measurement
37.1 The Engineer-in-Charge shall, except as otherwise stated, ascertain and

determine by measurement the value of the Work done in accordance with the
Contract.
37.2 All items having a financial value shall be entered in Measurement Book, levelbook,
etc. prescribed by the Engineer-in-Charge so that a complete record is obtained of
all Work performed under theContract.
37.3 Measurements shall betaken jointly by the Engineer-in-Charge or his authorized

representative and the Contractor or his authorized representative.
37.4 Before taking measurements of any Work the Engineer-in-Charge or his

authorized representative for the purpose shall give a reasonable notice to the
Contractor. If the Contractor fails to attend or send his authorized representative
for taking the measurements after such a notice or fails to countersign or to record
the objection, if any, within a week from the date of measurement, then in any such
event measurements taken by the Engineer-in- Chargeor his authorized
representative shall be taken to be correct measurements of theWork.
37.5 The Contractor shall, without extra charge, provide assistance with every
appliance, labouretc. necessary for takingmeasurements.
37.6 Measurements shall be signed and dated by both parties eachday on theSite on
completion of measurement. If the Contractor objects to any of themeasurements
recorded, a note to that effect shall be made in the Measurement Book against
the item objected to and such note shall be signed and dated by both parties
engaged in taking the measurement. The decision of the Engineer-in-Charge on
any such dispute ordifference or interpretation shall be final and binding on both
the parties and shall be beyond the scope of the provisions of settlement of
disputes under the Contract.
38. Methods of Measurement
38.1 Measurement of Contract items of Work shall be taken in accordance with method
of Measurement stipulated in the Technical Specifications/Schedule of Quantities.
In case of extra items, the Engineer-in-Charge shall also specify the method of
measurement for such items at the time of hisorder for execution of such
extraitems.
38.2 In case no method of measurement is stipulated in Technical Specifications/

Schedule of Quantities/ Order of the Engineer-in-Charge, then the Method of
Measurement of such items shall be as per the relevant Standard Method of
Measurement issuedby Indian Standards Institution or general industry practice/
localcustom.
39. Temporary / Enabling Works
39.1 The siting and nature of all offices, access road to the work areas,access
tracks to work areas, sumps, and all otherTemporary /Enabling Works as may be
required for the proper execution of the Works shall be subject to the approval of
the Engineer-in-Charge. These Works shall be executed by the Contractor at his
own cost. Hard crusting for pre-assembly/fabrication yard shall be in linewith
Technical Specifications.
39.2 All equipment, labour, materials including cement, reinforcement and the
structural steel required for the Enabling Works associated with the entire Contract
shall have to be arranged by the Contractor only. Nothing extra shall be paid to the
Contractor on this account and the unit rates quoted by the Contractor on this
account and the unit rates quoted by the Contractor for various items in the
Schedule of Quantities shall be deemed to include the cost of EnablingWorks.
39.3 However, for fabrication yard or for fabrication of structural steel, if any, hard
crusting made with compacted filling using broken hard stone aggregate with
binding material shall be measured and paid under relevant item ofstone aggregate
filling with binding material as specified in Technical Specifications and Schedule
ofQuantities.
The maximum area of hard crusting that will be paid is limited to consecutive three
(3) month peak fabrication quantity in M.T.indicated inthe Work Schedule
multiplied by 3.5 sq. m per M.T. The hard crusting area arrived as above shall be
further subject to availability of appropriate area in the general layout plan and
approval of theEngineer-in-Charge.
Further development of fabrication and assembly bed, power distribution points,

cable laying, drains, additional area of hard crusting over and above
areastipulatedetc.,shall be done by the Contractor,athisowncost.
39.4 The Contractor shall make his own arrangement for approach to the work
Site,including borrow / disposal area and for movement of men, machinery, other
requirement etc. required for carrying out the Work includedunder this Contract.
40. Urgent Works
40.1 Ifany Urgent Work becomes necessary and the Contractor is unableor unwilling at
once to carry it out, the Engineer-in-Charge may by his own or other means,
carry it out as he may consider necessary. Ifthe UrgentWork shall be such as the
Contractor is liable under the Contract to carry out at his expenses all expenses,
incurred on it by the Employer shall be recoverable from the Contractor and be
adjusted or set off against any sum payable to him.
41. Construction Power and Construction Water Supply and Staff /
Labour Colony
Unless otherwise stated in SCC, the provisions for Construction Power and Construction
Water Supply and Staff / Labour Colony shall be as under:
41.1.1 The Contractor shall advise the Engineer-in-Charge, within twenty-eight (28) days
from the date of acceptance of the Letter of Award, about his exact requirement of
space for his office, storage area, preassembly and fabrication
areas,labourandstaff colony area (land if available), etc. The above requirement
shall be reviewed by the Engineer-in-Charge and spaceas
decidedbyhimwillbeallottedforhisuseaswellashisSub-Contractor'suse.
41.1.2 On completion of Work, the Contractor shall handover the land duly cleaned to the
Engineer-in-Charge. Until and unless the Contractor has handed over the vacant
possession ofland allotted to him for the above purpose, the payment of his final
bill shall not be made. The Contractor shall be made liable to pay for the use
and occupation at the rates to be determined by the Engineer-in- Charge if the
Contractor overstays in the land after the Contractis completed.
41.1.3 The Contractor shall submit to the Engineer-in-Charge within twenty-eight (28)
days from the date of acceptance of the Letter of Award, his electrical power
requirements, if any, to allow the planning of the same by the Engineer-in- Charge.
The Contractor shall be provided with free supply of electricity for the purposes of
the Contract only, at two convenient locations in the Site. The Contractor shall
make his own further distribution arrangement. All temporary wiring must comply
with local regulations and will be subject to Engineer-in- Charge's inspection and
approval before connection to supply. The free supply of power will not be provided
for the use in the labourand staff colony. Power supply for labourand staff colony
shall be provided at one point. It shall be the responsibility of the Contractor to
take the power supply upto the point of his use. The Contractor shall be charged
for power supply to labourand staff colony at rates prevalent as per the tariff of the
electricity distribution entity at theSite.
The Engineer-in-Charge may consider additional points of power supply in

deserving and exceptional cases.
41.1.4 The Employer does not guarantee uninterrupted power supply.
41.1.5 The Contractor shall arrange for drinking water to his workmen/staff at Work Site
and other water supply for all purposes for his labour and other personnel at the
worksite / colony on his own. The quality of water should meet the requirements
for which it is proposed to be used. All Civil and Structural Work associated with
the above including borings, pipe lines, valves, pumps, tube
wells, pump house, underground storage tank, over ground storagetank,
watertankers etc., whatsoever required for taking the water from the underground
source or any other source to the place of use shall be provided / erected/
constructed / maintained by the Contractor at his owncost.
41.1.6 The Contractor shall not be entitled to any compensation on account of the
expenditure incurred in arranging the constructionwater.
41.2 Supply of Unfiltered Water for Construction Purposes only
41.2.1 Unless otherwise stated in SCC, the Contractor shall drawwater fromthe water
supply mains provided in the project at suitable points to be indicated by the
Engineer-in-Charge. All pipe lines, pumps and other accessories required for
taking the water from the mains to the site of Work shall be provided by the
Contractor at his own cost. He shall not be entitled to any payment on accountof
the expenditure incurred in providing the pipe lines, pumps, etc. No charges will be
levied on the Contractor for the water drawn by him forthe purpose of the
construction work. Should the water, however, be used for either the colony or
for manufacture, always subject to prior written permission of the Engineer-in-
Charge, the same shall be chargeable at a rate to be fixed by him whose decision
in this regard shall be final. However, the water supply shallhave to be taken
through a metered connection.
41.2.2 The Employer does not guarantee the maintenance of uninterrupted supply of
water and in case of any interruptions of such supply of water; the Contractor shall
be responsible for making at his own cost alternative arrangements for water. The
Engineer-in-Charge also reserves the right to limit the quantity of water to be
allowed to bedrawn by the Contractor.
41.2.3 Noclaim for damages will be entertained by the Employer on account of interruption
of water supply or limitation of quantity of water as aforesaid or on account of the
water so supplied being not fit for construction purposes or onany other account
in connection with such watersupply.
41.2.4 It will be the responsibility of the Contractor to adequately treat the water athis
cost before use forthe intended purpose.
41.2.5 Where the Contractor makes his own arrangements for water required for the Work,
nothing extra shall be paid for the same. He should make arrangements for storage
of sufficient quantity of water required for at least a day'swork.
41.3 The contractor shall arrange for construction water from underground/local
sources. All borings, pipe lines, pumps, water tankers, underground storage tank,
over-ground storage tank, etc, whatsoever required for taking the water from the
underground source to the site of work shall be provided / erected / constructed /
maintained by the contractor at his owncost.
41.4 The Contractor shall not be entitled to any compensation on account of the
expenditure incurred in arranging the constructionwater.
41.5 Contractor shall make the arrangement for construction power at his own cost.
However, PVUNmay provide construction power as per site availability on
chargeable basis, but the Contractor shall not be entitled to any compensation
onaccount of the quality and availability of power fromPVUN.
41.6 The contractor shall make his own arrangement for construction/rented premises
for labour/ staffcolony.
42. Site Laboratory
42.1 As part of the Contract, the Contractor shall provide and maintain a site laboratory
for the testing of construction materials under the direction and general
supervision of theEngineer-in-Charge.
42.2 The laboratory building shall be constructed and installed with the appropriate
facilities. Temperature and humidity controls shall be availablewherever
necessary during testing ofsamples.
42.3 All equipment shall be provided by the Contractor so as to be compatible with the
testing requirements specified. The Contractor shall maintain the equipment in
good working condition for the duration of the Contract.
42.4 The Contractor shall provide approved qualified personnel to operate and
maintain the laboratory for the duration of the Contract. The number of staffand
equipment available must at all times be sufficient to keep pace with the sampling
and testing programmeas required by theEngineer-in-Charge.
42.5 The Contractor shall fullyservice the site laboratory and shall supply everything
necessary for its proper functioning, including all transport
neededtomoveequipmentandsamplestoandfromsamplingpointsonthesite,etc.
42.6 The Contractor shall re-calibrate all measuring devices whenever sorequired
bythe Engineer-in-Charge and shall submit the results of such measurements
withoutdelay.
43. Completion Certificate
43.1 As soon as the Work is completed, the Contractor shall give notice of such
completion to the Engineer-in-Charge and within eighty-four (84) daysof receipt
of such notice the Engineer-in-Charge shall inspect the Work and shall furnish the
Contractor with a certificate of completion indicating (a) date of completion, (b)
defects, if any, in the Work to be rectified by the Contractor
and/or(c)items,ifany,forwhichpaymentshallbemadeatreducedrates.
When separate periods ofcompletion have been specified for items or groupsof
items, the Engineer-in-Charge shall issue separate completion certificates for
such item or groups of items. No certificate of completionshall be issued nor shall
the Work be considered to be complete till the Contractor shall have removed from
the premises on which the Work has been executed all scaffolding, sheds and
surplus materials (except such asare required for rectification of defects), and the
like to the satisfaction of Engineer-in-Charge. Ifthe Contractor shall fail to comply
with any of therequirement of the conditions as aforesaid, on or before the date of
completion of the Works, the Engineer-in-Charge may, at the expenseof the
Contractor fulfil such requirements and dispose of the scaffoldings, surplus
materials and rubbish etc. as he thinks fit and recover the cost after giving due
credit for the realised amount. The term ‘completion’ used herein means
thephysical completion of theWork and in no way means to connote thequality or
time of performance of theWork.
43.2 If at any time before completion of the entire Work, items orgroups of items for
which separate periods ofcompletion have been specified, have been completed,
the Engineer-in-Charge can take possession of any part or parts of the same (any
such part(s) being hereinafter in this Condition referred toas ‘the relevant part’)
notwithstanding anything expressed or implied elsewhere inthisContract.
43.3 In case of such taking over of possession by Engineer-in Charge ofthe said item
or group of items, the following shallgovern:
43.3.1 Within twenty-eight (28) days of request by the Contractor, the Engineer-in-Charge
shall issue completion certificate for therelevant part as in GCC Sub-Clause 43.1
above provided the Contractor fulfils his obligations under that Condition for the
relevantpart.
43.3.2 The Defects Liability Period in respect of such itemsand the relevant part shall
be deemed to have commenced from the certified date of completion ofsuch items
or the relevant part as the case maybe.
43.3.3 The Contractor may reduce the value insured under GCC Clause entitled
‘Contractor’s Liability and Insurance’ to the extent ofthe value of the completed
items or relevant part as estimated by the Engineer-in-Charge and notified for this
purpose. This estimate shall beapplicable for this purpose only and for noother.
43.3.4 For the purposes of ascertaining liquidated damages for delay under GCC Sub-
Clause 29.6 in respect of any period during which the Works are not complete the
relevant part will be deemed to form a separateitem or group, with date of
completion as given in the Contract or as extended underGCC
Sub-Clause 29.2 and actual date of completion as certified by the
Engineer-in-Charge under thisClause.
E. DEFECTS LIABILITY
44. Liability for Damage, Defects or Imperfections and Rectification thereof
44.1 If the Contractor or his workmen or employees shall injure or destroy any part of
the building / structure in which they may be working or any building, road,fence
etc. contiguous to the premises on which the Work or any part of it is being
executed, or if any damage shall happen to the Work while in progress, the
Contractor shall upon receipt of a notice in writing in that behalf make the same
good at his own expense. If it shall appear to the Engineer-in-Charge or his
representative at any time during construction or re-construction or prior to the
expiration of the Defects Liability Period, that any work has been executed with
unsound, imperfect or unskilled workmanship or that any materials or articles
provided by the Contractor for execution of the Work are unsound or of a quality
inferior to that contracted for, or otherwise not in accordance with the Contract,
or that any defect, shrinkage or other faults have appeared in the Work arising
out of defective or improper materials or workmanship, the Contractor shall, upon
receipt of a notice in writing in that behalf from the Engineer-in-Charge, forthwith
rectify or remove and re-construct the work so specified in whole or in part, as the
case may require or as the case may be, and/or remove the materials or articles so
specified and provide other proper and suitable materials or articles at his own
expense, notwithstanding that the same may have been inadvertently passed,
certified and paid for and in the event of his failing to do so within the period to be
specified by the Engineer- in-Charge inhis notice aforesaid, the Engineer-in-
Charge may rectify or remove and re-execute the work and/or remove and replace
with others, the materials or articles complained of, as the case may be, by other
means at the risk and expense of theContractor.
45. Defects Liability Period
45.1 Unless otherwise specified in the SCC, the Contractor shall be responsible to make
good and remedy at his own expense within such period as may be stipulated by
the Engineer-in-Charge, any defect which may develop or may be noticed before
the expiry of twelve (12) months from the certified date of completion.
45.1.1 On expiry of the period mentioned as defect liability period (GCC Clause 45), contractor’s
liability ceases except for latent defects. The contractor’s liability for latent defect shall be
limited to a period of five (5) years from the end of Defect liability period for the subject
package. For the purpose of this clause the latent defects shall be the defects inherently
lying within the material or arising out of design deficiency which do not manifest themselves
during the defect liability period but may surfacelater.
F. RISK DISTRIBUTION
46. Employer’s and Contractor’s Risks and Insurance
46.1 The Employer carries the risks which this Contract states as Employer’s risks, and
the Contractor carries risks which this Contract statesas Contractor’s risks, under
thisclause.
46.2 Irrespective of the Employer’s Risks or Contractor’s Risks the Contractor

shallexecutetheWorksasperContractandasdirectedbyEngineer-in-Charge.
46.3 Employer’s Risks
46.3.1 The ‘Excepted Risks’are
(1) In so far as they occur in the Union of India and directly affect the execution
of the Works:
(a) war and hostilities (whether war be declared or not), invasion, act of
foreign enemies.
(b) rebellion, revolution, insurrection or military or usurped power or

civilwar.
(c) riot, commotion or disorder, unless solely restricted to employeesof

the Contractor or of his sub-contractors and arising from the conduct
of theWorks;
(d) ionizing radiations, or contamination by radio activity from any

nuclear fuel, or from any nuclear waste from the combustion of
nuclear fuel, radioactive, toxic, explosive, or other hazardous
properties of any explosive, nuclear assembly or nuclear component;
(e) pressure waves caused byaircraft orother aerial devices traveling

at sonic or supersonicspeed;
(f) any operation of the forces of nature, which is unforeseeable or

against which an experienced contractor could not reasonablyhave
been expected to havetaken adequate precautions or
(2) a cause due to the design of the Works, other than the Contractor’s design.
46.3.2 In the event of any loss or damage to theWorks or any part thereof and/or to any
materials or articles at the Site from out of any occurrenceof Excepted
Risks, the following provisions shall have effect:
(a) The Contractor shall, as may be directed in writing by the Engineer-in-

Charge, remove from the Site any debris and so much of the Works as shall
have been damaged, take the same to the place identified by the Employer,
at the Employer’scost.
(b) The Contractor shall, as may be directed in writing by the Engineer-in-

Charge, proceed to rectify, repair, reconstruct or replace the damaged
articles, materials and the Works under and inaccordance with the
Conditions of the Contract, at the Employer’scost.
46.3.3 The Contractor shall not be entitled to payment under the above provisions in
respect of so much loss or damageas has been occasioned by any failure onhis
part to perform his obligations under the Contract or not taking precautions to
prevent loss or damage or minimize the amount of such lossor damage.
46.4 Contractor’sRisks
46.4.1 All risks of loss of or damage to thephysical property andof personal injury and
death, which arise during and in consequence of the performance of the Contract,
other than those covered under the Excepted Risks, will bethe liability of the
Contractor, except as otherwise provided in theContract.
46.4.2 From commencement to completion of the Works, the Contractor shall take full
responsibility for the care thereof and for taking precautions to prevent loss or
damage and to minimize loss or damage to the greatest extent possible andshall
be liable for any damage or loss that may happen to the Works or any part
thereof from any cause whatsoever (save and except due toExcepted Risks)and
shall at his own cost repair and make good the same so that at completion, the
Works shall be in good order and condition and in conformity in every respect
with the requirements of the Contract and instructions of the Engineer-in-Charge.
46.4.3 The Contractor shall indemnify and keep indemnified the Employer against all
losses and claims for injuries or damage to any person or any property whatsoever
which may arise out of or in consequence of the construction and maintenance of
the Works and against all claims, demands, proceedings, damages, costs, charges
and expenses whatsoever in respect of or in relation thereto; Provided always that
nothing herein contained shall be deemedto render the Contractor liable for or in
respect of or to indemnify the Employer against any Compensation or damage
caused by any occurrence of the ExceptedRisks.
46.5 Insurance
46.5.1 Before commencing the execution of the Works, the Contractor shall, without
inany way limiting his obligations and responsibilities under this clause, indemnify
the Employer against any damage/ loss or injury which may occur to any property
or to any person (including any employee of the Employer) by or arising out of
carrying out of the Contract, except due to reasons of ‘Excepted Risks’.
46.5.2 Towards this end, the Contractor shall arrange adequate insurance coverages, in the joint
names of the Employer and the Contractor, from the date of commencement of the work to
the end of the Defects Liability Period for at-least thefollowing:
(i) loss of or damage to the Works including Employer issuedmaterials;
(ii) loss of or damage to the Contractor’sT&P;
(iii) loss of or damage to the property other than Works including those of thirdparties;
(iv) injury or death of personnel belonging to the Contractor, the Employer or any other
party.
(v) Worker’s Compensation in accordance with the statutory requirements.
The Contractor shall be compulsorily required to take Contractor’s All Risk Insurance Policy
for all risks except those covered under the Excepted risks with minimal deductible for the
re-execution value of the Works on completion and replacement cost of the Contractor’s
T&P/ Plant & Equipment/ Employer’s free issue materials/ Third party Property, etc. as
mentioned above. For this purpose the re-execution value of the Works on completion/
replacement cost of the Contractor’s T&P/ Plant & Equipment/ Employer’s free issue
materials/ Third party Property shall include all such expenses, costs, taxes, duties, levies,
royalties, etc. which in case of total loss, the Employer/ Contractor would be reasonably
expected to incur to bring these to the same state as if no damage had occurred.
The Contractor and Employer shall mutually decide on the insured sum but in no case it
shall be less than the 110% of the value of the Works on completion and Third party Property
and 110% of the cost of Contractor’s T&P/ Plant & Equipment/Employer’s free issue
materials delivered to site including all taxes, duties, levies and royalties etc. and escalation
during the period of re-execution for the Works and delivery of replacement Contractor’s
T&P/ Plant & Equipment/ Employer’s free issue materials to site. However, in case of any
conflict, the Employer’s decision regarding the insured sum shall be final and binding on the
Contractor. The Employer shall be named coinsured in the policy and it shall include the
extended cover at-least for thefollowing:
a) Third PartyLiability
b) Cross Liability
c) Earthquake
d) Cost of removal ofdebris
e) Custom duty asapplicable
f) Escalation duringre-execution
g) Employer’s surroundingproperty
h) Storage risk at Fabricator’s premises asapplicable
i) Cost of tools and tackles and material handling equipment used for construction
purposes.
j) War, SRCC &terrorism
46.5.3 Where Employer’s building or a part thereof is rented bythe Contractor, he shall
insure the entire building if the building or any part thereof is used by him for
the purpose of storing or using materials of combustible nature as to which the
decision of theEngineer-in-Charge shall be final.
46.5.4 Contractor shall ensure that the insurance coverage of the above policies include
any loss or damage to his Staff, Supervisors, Engineers and others who are not
covered by Workmen Compensation Act. Alternatively, the Contractor will take
suitable additional or separate insurance policies to cover thesame.
46.5.5 All monies payable by the insurersunder such policy or policies shall be firstto
be paid to the Employer who shall pay tothe Contractor in instalments for the
purpose of rebuilding or replacement or repair of the damaged Works, Contractor’s
T&P and/or materials destroyed or damaged as the case may be. Such payments
of monies will be made in a manner that the payments are commensurate with the
progress and cost of the repair, replacement and reconstruction, as may be and as
determined by the Engineer-in-Charge in consultation with theContractor.
46.5.6 Policies and certificate for insurance shall be delivered by the Contractor to the
Project Engineer for the Project Engineer’s approval before the date of
commencement of theWorks.
46.5.7 If the Contractor has a blanket insurance policy for all his works and the policy
covers all or some of the items to be insured under this Clause, the said policy shall
be assigned by the Contractor in favourof the Employer; provided however if any
amount is payable under the policy by the insurers in respect of works other
than the Work under this Contract, the same may be recoveredby the Contractor
directly from theinsurers.
46.5.8 The aforesaid insurance policy/policies shall provide that they shall not be
materially modified/ cancelled till the Engineer-in-Charge has agreed to such
modification or cancellation inwriting.
46.5.9 Upon grant of the time extension by the Engineer-in-Charge, it is understood

thatthe Contractor’s liability of indemnity will be extended suitably without any
further action by the Employer and the Contractor shall promptly furnish
documentary evidence to Engineer-in-Charge towards extension of insurance
policies for the period of time extension.
46.5.10 The Contractor shall ensure that where applicable, his Sub-Contractor(s) shall
take out and maintain in effect adequate insurance policies for their personnel and
vehicles and for the part of the Works executed by them underthe Contract, unless
such Sub-Contractors are covered by the policies taken out by the Contractor.
46.5.11 If the Contractor and/or his Sub-Contractors (if any) shall fail to effect and keep
inforce the insurance coverage, referred to above or any other insurance which
he/they may be required to effect under the terms of the Contract, then in any such
case the Employer may, without being bound to, effect and keep in force any such
insurance coverage and pay such premium or premiums, as may be necessary
for that purpose from time to time and deduct the amount so paid by the Employer
from any monies due or which may become due to the Contractor or recover the
same as a debt due from the Contractor.
46.5.12 If the Contractor does not provide any of the policies and certificates required, the
Employer, with due notice to the Contractor mayeffectthe insurance which the
Contractor should have provided and recover the premiums, the Employer has paid
from payments otherwise due to the Contractor or, if no payment is due, the
payment of the premiums shall be a debt due from the Contractor.
47. Force Majeure
47.1 Definition of Force Majeure
47.1.1 “Force Majeure” shall mean any event beyond the control of the Employer or of
the Contractor, as the case may be, (but excluding ‘Excepted Risks’, which shall
be dealt in accordance with GCC Clause entitled “Employer’s Risks”) and which
they could not foresee or with a reasonable amount of diligence couldnot have
foreseen and which substantially affect the performance of the Contract.
47.1.2 Notwithstanding the generality of the above, the following events shall be
termedas Force Majeure events in respect ofthe Contract
(i) terroristacts,
(ii) confiscation, nationalization, mobilization, commandeering or requisition

by or under the order of anygovernment or de jure or de facto authority or
ruler or any other act of failure to act of any local state or national
governmentauthority,
(iii) national/sectoral/illegal strike, sabotage, lockout, embargo, import

restriction, port congestion, lack of usual means of public transportation and
communication, industrial dispute, shipwreck, epidemics,
quarantine and plague
47.2 Notice of Force Majeure
47.2.1 If either party is prevented, hindered or delayed from or in performing any of its
obligations under the Contract by an event of Force Majeure, then it shall notify the
other in writingof the occurrence of such event and the circumstances thereof
within fourteen (14) days after the occurrence of such event.
47.2.2 The party who hasgiven such noticeshall be excused from the performance or
punctual performance is prevented, hindered ordelayed.
47.2.3 Notwithstanding any other provision of the Clause, Force Majeure shallnot apply
to any obligations of the Employer to make payments to the Contractor herein.
47.3 Duty to Minimize Delay
47.3.1 The party or parties affected by the event of Force Majeure shall use reasonable
efforts to mitigate the effect thereof upon its or their performance of the Contract
and to fulfill its or their obligations under the Contract, but without prejudice to
either party’s right to terminate the Contract under GCC Sub-Clause47.5.
47.4 Consequence of Force Majeure
47.4.1 Ifthe Contractor is preventedfrom performing its obligations under the Contract
by reason of Force Majeure of which notice has been given underSub-Clause
47.2.1, and suffers delay by reason of such Force Majeure, the Contractor shall be
entitled to an extension of time for any such delay, if the Completion is or will be
delayed, in accordance with GCC Sub-Clause entitled “Extension of Time
forCompletion”.
47.4.2 No delay or nonperformance by either party hereto caused by the occurrence of

any event of Force Majeureshall
(a) constitute a default or breach of theContract,
(b) give rise to any claim for damages or additional cost or expense
occasionedthereby
ifand to the extent that such delay or nonperformance is causedby the

occurrence of an event of Force Majeure.
47.5 Termination for reasons due to extended Force Majeure

47.5.1 Ifthe performance of the Contract is substantially prevented, hindered or delayed
for a single period of more than seventy (70) days or an aggregate period of more
than one hundred and forty (140) days or any such extended period as may be
agreed to between the parties on account of one or more events of Force Majeure
during the currency of the Contract, the parties will attempt to develop a mutually
satisfactory solution, failing which either party
mayterminatetheContractbygivinganoticetotheother.
47.5.2 In the event of termination pursuant to GCC Sub-Clause 47.5.1, the rights and
obligations of the Employer and the Contractor shall beas specified hereunder:
(a) the Contractor shall bepaid at contract rates for the work already executed
byhim
(b) The Employer shall have an option to take over the Contractor’s
facilities/materials or any part thereof brought to site by the Contractor’s
facilities/materials or any part thereof brought to site by the Contractor, at
such rates as are determined reasonable by theEngineer-in-Charge.
47.5.3 In the event of any disagreement of the parties relating to matters at GCC47.5.2,
the dispute shall be settled in accordance with GCC Clause titled “Settlement
ofDisputes”.
G. CHANGES IN CONTRACT ELEMENT
48. Changes in Constitution:
48.1 Where the Contractor is a partnership firm, prior approval in writing of the Employer
shall be obtained before any change is made inthe constitution of the firm. Where
the Contractor is an individual or a Hindu Undivided Family business concern such
approval as aforesaid shall likewise be obtained before the Contractor enters into
any partnership firm which would have the right tocarry out the Work hereby
undertaken by the Contractor. If prior approval as aforesaid isnot obtained, the
Contract shall be deemedto have been assigned incontravention of GCC Sub-
Clause 51.3 hereof and the same action may be taken and the same
consequences shall ensue as provided forin the said GCC Sub-Clause51.3.
49. Powers of Engineer-in-Charge for alterations/ omissions/ additions

/substitutions
49.1 The Engineer-in-Charge shall have power (i) to make alterations in, omissions
from, additions to, or substitutions for the original specifications, drawings,
designs and instructions that may appear to him to be necessary or advisable
during the progress of the work, and (ii) to omit a part of the Works in case of non-
availability of a portion of theSite or for any other reasons hemay
consider necessary and/or reasonable. Any such alterations, omissions, additions
or substitutions shall be ordered by the Engineer-in-Charge as a deviation. The
Contractor shall be bound to carry out the said deviation in accordance with
instructions given to him in writing by the Engineer-in-Charge and such alterations,
omissions, additions or substitutionsshall formpart of the Contract as if originally
provided therein and shall be carried out by the Contractor on the same conditions
in all respects on which he agreed to do the original Works, except as otherwise
providedherein.
49.2 Permissible deviation limit for variations in Contract Items
49.2.1 In case of items of Work above ground surface, as it exists at the time of
commencement of Work,quantities of which may change due to Site Conditions
or any other reasons, the permissible limit of deviations over the original value of
each item will be(+)20%.
49.2.2 In case of items of Work below ground surface, as it exists at the time of
commencement of Work,quantities of which may change due to Site conditions
or any other reasons, the permissible limit of deviations over the original value of
each item will be (+)100% and(-30%).
49.2.3 For the purposes of GCC Sub-Clause 49.2.1 above, all the quantities of anyitem
actually executed from 0-120% of the Contract quantity will be payable at Contract
rates while the rates for the quantities above 120% will be subject to
review/revision. Similarly, for the purposes of GCC Sub-clause 49.2.2 above, all
the quantities of any item actually executed from 70% to +200% of the Contract
quantity will be payable at Contract Rates whilethe rates for the entire quantity
executed from 0% to 69% (ifthe total quantity executed is in this range) and the
entire quantity executed above 200% will be subject to review/revision as
provisionsherein.
49.2.4 In case the Schedule of Quantities contains sub-items of Work under a MainItem,
then the above permissible limits of deviation shall be applicable on the
valueofeachsuchsub-itemandnotontheentirevalueoftheMainItem.
49.2.5 The deviations up to the above permissible limits shall be carried out by the
ContractoratthesameratesandtermsaspertheContract.
49.3 Methodology for Determination of Rates for variations of Contract

Items beyond the permissible deviationlimits
49.3.1 For Contract Items which exceed the limits over the original value of thatitem as
mentioned in GCC Sub-Clause 49.2.1 &49.2.2 above, the Contractor may, within
fourteen (14) days of the date ofreceipt of the order to carry out the said work,
inform the Engineer-in-Charge under advice to the Employer of the
ratewhichheproposestoclaimforsuchitem(s)ofWorkonMarketRate(s)
basis, supported byanalysis of therate claimed and the relevant documents to
substantiate the same. The Engineer-in-Charge shall, within seventy (70)days
thereafter, after giving due consideration to the rate(s) claimed by the Contractor,
determine the rate(s), in consultationwith the Contractor, on Market Rate(s)
basis. In the event of disagreement between the Engineer-in- Charge and
Contractor, even after the said seventy (70) days from the date of submission of
claims of the rate(s) by the Contractor, the Engineer-in-Charge within a further
period of twenty-one (21) days thereafter, shall fix the rate(s)/price(s) as are, in
his opinion appropriate. The rate(s)/price(s) so fixed
shallbenotifiedtotheContractorandshallbefinalandbinding.
49.3.2 Ifthe Engineer-in-Charge fails to determine andnotify the rate(s)/price(s) even

after expiry of the said twenty-one (21) days, then the Contractor will be at liberty
to refer the matter for resolution to the Employer within a further period of fourteen
(14) days after the above said twenty one (21) days. If the Employer does not
determine and cause the Engineer-in-Charge to notify the rate(s)/price(s), then
the matter would be determined in accordance with the provisions of GCC Clause
entitled “Settlement of Disputes”. However, in the meanwhile, the Engineer-in-
Charge will pay for the items of Work executed beyond the permissible deviation
limits, at 75% (seventy-five percent) of the rate(s)/price(s) claimed by the
Contractor with satisfactory supporting documents or at Contract Rate, purely on
adhocand provisional basis subject toadjustment.
49.3.3 In the event of the Contractor failing to informthe Engineer-in-Charge, withinthe

stipulated period of fourteen (14) days time, the rate(s) which heproposes to claim,
supported byrelevant documents to substantiate the same, the rate(s) for such
item(s) shall then be determined by the Engineer-in-Charge in consultation with
the Contractor (if he so desires) onthe basis of Market Rate(s) within seventy
(70) days thereafter. The rate(s) /price(s) so determined shall be notified to the
Contractor and shall be final andbinding.
49.3.4 The provisions of GCC Sub-Clauses 49.3.1, 49.3.2and 49.3.3 above shall only
be applicable to such individual Contract Item(s)/ sub-item(s) of Work whose
original value is equal to or in excess of 1% ofthe total Contract Value (asawarded).
49.3.5 For individual Contracts Item(s)/ sub-item(s) of Work whose originalvalue as per
Letter of Award is less than 1% of the total Contract Value (as awarded) for each
such item, there shall be no limit on the extent of deviations over the original value
of the Item and shall be paid on the contracted rate(s)/price(s).
49.3.6 Rates of Items of Work derived on the basis as detailed in GCC Sub-Clause 49.3.1
or 49.3.2, or notified under GCC Sub-Clause 49.3.3 shall not be eligible for price
adjustment, provided the period of execution of such items of Work beyond the
permissible deviation limit as per the scheduleto be finalisedinlinewithGCCSub-
Clause49.5,islessthanorequaltosix(6)months.
49.3.7 Further, in case the period of execution of such items of Work is morethan six (6)
months, such items shall be eligible for price adjustment as per clause entitled
‘Contract Price Adjustment’. The base date in such a situation shall be the date as
specified by the Engineer-in-Charge while determination of the MarketRate.
49.4 Methodology for Determination of Rates for Extra Items (Additional,

Altered or Substituted Items) of Work
49.4.1 Rates for Extra Items of Work (comprising of Additional, Altered or Substituted
items of Work), shall be determined by the Engineer-in-Charge in the following
order:
(i) If the rate(s)/price(s) for extra items occurring ina particular schedule of
quantities are available in other schedule of quantities forming part of the
Contract, the lowest of such rate(s)/price(s) will be used, subject to the
nature of work being comparable.
(ii) If the rate(s) cannot be derived as per (i)above, then
(a) In case of contracts with only one Scheduleof Quantities formingthe

part of the Contract, the rate(s)/price(s) for the extra item(s) shall
bederived from the lowest of any similar item(s)in that Schedule.
(b) In case of contracts with two or more Schedules ofQuantities forminga

part of the contract, the rates for the Extra Item(s) will be derived from
the nearest similar item appearing in the Schedule inwhich the extra
item is to be executed failing which from any other Schedule in which
nearest similar item is available, the rate so derived being the lowest
of such derived from nearest similar itemsin those other Schedules
andused.
49.4.2 If the rate for any additional, altered or substituted item of work cannot be
determined in the manner specified in GCC Sub-Clause 49.4.1 (i) &(ii) above, the
Contractor shall, within fourteen (14) days of thedate of receipt of the order to
carry out the said Work, inform the Engineer-in-Charge under advice to the
Employer of the rate which he proposes to claim for such item(s) of Work on
Market Rate(s) basis, supported by analysis of the rate claimed and relevant
documents to substantiate the same. The Engineer-in-Charge shall, within seventy
(70) days thereafter, after giving dueconsideration tothe
rate(s)claimedbytheContractor,determinetherate(s),inconsultationwith
the Contractor, on Market Rate(s) basis. In the event of disagreement between the
Engineer-in-Charge and Contractor, even after the said seventy (70) daysfrom the
date of submission of claims of the rate(s) by the Contractor, the Engineer-in-
Charge within a further period of twenty-one (21) days thereafter shall fix the
rate(s)/price(s) as are, in his opinion appropriate. The rate(s)
/price(s) so fixed shall be notified to the Contractor and shall be finaland binding.
49.4.3 Ifthe Engineer-in-Charge fails to determine and notifythe rate(s)/price(s) even

after expiry of the said twenty-one (21) days, then the Contractor will be at liberty
to refer the matter for resolution to the Employer within a further period of fourteen
(14) days after the above said twenty-one (21) days.If the Employer does not
determine and cause the Engineer-in-Charge to notify the rate(s)/price(s), then
the matter would be determined in accordance with the provisions of GCC Clause
entitled “Settlement of Disputes”. However, in the meanwhile, the Engineer-in-
Charge will pay for the extraitems of Work, at 75% (seventy-five percent) of the
rate(s)/price(s) claimed by the Contractor with supporting documents, purely on
adhocand provisional basis subject to adjustment.
49.4.4 In the event of the Contractor failingto informthe Engineer-in-Charge within the
stipulated period of fourteen (14) days timethe rate(s) which he proposes to claim,
supported byrelevant documents to substantiate the same, the rate(s) for such
item(s) shall then be determined by the Engineer-in-Charge in consultation with
the Contractor (if he so desires) on the basis of Market Rate(s) within seventy
(70) days thereafter. The rate(s) /price(s) so determined shall be notified to the
Contractor and shall be final and binding.
49.4.5 Rates of Extra Items of Work, derived from Schedule ofQuantities as

detailedinGCC Sub-Clause 49.4.1 (i) &(ii) above, shall be eligible for Price
Adjustment as per GCC Clause entitled ‘Contract Price Adjustment’ including
basedate.
49.4.6 Rates for Extra Items of Work, derived on the basis as detailed in GCC Sub- Clause
49.4.2 or 49.4.3, or notified under GCC Sub-Clause 49.4.4 above shall not be
eligible for Price Adjustment, provided the period of execution of such Extra Items
of Work beyond the permissible deviation limit as per theschedule to be finalisedin
line with GCC Sub-Clause 49.5, is less than or equal to six (6)months.
49.4.7 Further, in case the period of execution of such items of Work ismore than six(6)
months, such items shall be eligible for price adjustment as per clauseentitled
‘Contract Price Adjustment’. The base date in such a situation shall be the date as
specified by the Engineer-in-Charge while determination ofthe
market rate.
49.5 Work Schedules for variation beyond deviation limits & Extra Items
49.5.1 The Engineer-in-Charge shall finalisea Work Schedule in consultation with the
Contractor for items of Work beyond deviation limits and the Extra Items of Work
to be executed and the date(s) specified in this agreed Work Schedule shall be
considered as the date for working out the Price adjustment amount.The primary
consideration by the Engineer-in-Charge while determining the time required for
execution of the altered or substituted item(s) of Work, would be quantities of the
altered or substituted and not the value of altered or substituted item(s) of Work.
The Contractor shall not beeligible for Price Adjustment Payment for quantities
ofitems executed beyond the schedule date(s), if execution of the items of the Work
has been delayed for the reasons attributable to theContractor.
49.5.2 However, the Contractor would be eligible for claim or liablefor refund for Price
Adjustment(s) for quantities of items of the Work executed beyond the schedule
dates based on the value of indices as applicable to the scheduled dates of
execution, for such delayed work provided thatif the indices during the extended
period are lower than the indices during scheduled period of execution, then lower
indices shall beapplicable.
49.6 Provisional payments
49.6.1 Pending approval of the Rates for Contract Item(s) of Work beyond the permissible
deviation limits as well as for Extra Items (Additional, Altered or Substituted item)of
Work, provisional payment at an interim rate (not exceeding 80% of the rate/price
determined by the Engineer-in-Charge), shall be made to the Contractor in the
interest of progress of Work, which shall be regularized after approval of
CompetentAuthority.
50. Suspension of Works
50.1 The Contractor shall, on receipt of the order in writingof the Engineer- in-Charge,
suspend the progress of the Works or any part thereof for such time and in such
manner as the Engineer-in-Charge may consider necessary for any of the
followingreasons:
(i) On account of any default on part of the Contractor;or
(ii) for proper execution of the Works or part thereof for reasons other thanthe
default on the part of the Contractor;or
(iii) for safety of the Works or part thereof, for reasons other than those
attributable to theContractor.
50.2 The Contractor shall, during such suspension, properly protect and secure the
Works to the extent necessary and carry out the instructions given in that behalf
by theEngineer-in-Charge.
50.3 If the suspension is orderedfor reasons (ii) &(iii) in Sub-Clause 50.1 above, in
so far as it concerns suspension of part ofthe Works or whole of the balance, the
Contractor shall be entitled to an extension oftime equivalent to the period of
suspension plus 25% thereof. The Contractorshall not be eligible for any other
compensation whatsoever forsuch suspension, except as otherwise provided
hereinunder.
50.4 If the suspension is ordered for reasons (ii) &(iii) in Sub-Clause 50.1 above,as
far as it concerns the entire balance of Works onthe date of suspension and if
such period of suspension cumulatively exceeds twenty-eight (28) days, then
inaddition to extension of time as in Sub-Clause 50.2 above, the Contractor shall
be eligible for compensation, as the Employer may consider reasonable, in respect
of salaries and/ or wages paid by the Contractor to his employees and labourat site,
remaining idle during the cumulative period of suspension, adding to the total
thereof, a reasonable percentage as determined appropriate by the Engineer-in-
Charge, to cover indirect expenses and incidentals of the Contractor, provided the
Contractor submits his claim supported by details to establish the reasonableness
of his claim to the Engineer-in-Charge under advice to the Employer within fourteen
(14) days of the expiry of the said twenty-eight (28) daysperiod.
50.5 If for any reason other than for reasons of Contractor’s default as per GCC Sub-
Clause 50.1(i) above, if the Contract remains suspended for a continuous period
exceeding ninety (90) days, then the Employer and the Contractor shall mutually
discuss and agree for a suitable course of actionregarding the recommencement/
reinstatement of the suspended work or alternatively treatthe suspension as
termination / abandonment of the Works by the Employer as per GCC Sub-Clause
51.1 herein. If out of above discussion it isdeterminedthat the Contract has to be
treated as terminated under the provisions of GCC Sub-Clause 51.1, then the
Contractor shall be eligible for compensation as envisaged in GCC Sub-Clause
51.1.1herein.
51. Termination
51.1 Termination by the Employer
If at any time after award of Contract, the Employer shall decide to abandon or
reduce the scope of the Works for any reason whatsoever andhence not require
the whole or any part of the Works to be carried out by the Contractor, the
Engineer-in-Charge shall give notice in writing to that effect to the
ContractorandtheContractorexceptashereinunderprovided,shallhaveno
claim to any payment of compensation or otherwise whatsoever, on account of any
profit or advantage which he might have derived from the execution of the Works
infull but which he did not derive in consequenceof the said termination of the
whole or part of theWorks.
51.1.1 The Contractor shall be paidat Contract rates full amount for works executed at
Site and, in addition, a reasonable amount as certified by the Engineer-in- Charge
for the items hereunder mentioned which could not be utilisedon the Work to the
full extent because of the saidtermination:
(a) Any cost incurred on preliminary site work, e.g. access roads, labour huts,
staff quarters and site offices; storage accommodation and water storage
tanks,etc.
(b) (i) The Employer shall have the option to take over Contractor’s facilities/
materials or any part thereof either brought to Site or of which the
Contractor islegally bound to accept delivery from suppliers (for
incorporation in or incidental to the Work), provided, however, the
Employer shall be bound to take over the materials or such portions
thereof asthe Contractor does not desire to retain. For materials
taken over or to betaken over bythe Employer, cost of such materials
shall, however, take into account purchase price, costof
transportation and deterioration or damage which may have been
caused to materials whilst in the custody of theContractor.
(ii) For Contractor's materialsnot retained by the Employer, reasonable

cost oftransporting such materials from Site to Contractor's
permanent stores or to his other Works, whichever is less. If materials
are not transported to either ofthe said places,
nocostoftransportationshallbepayable.
(c) If any materials issued by the Employer are rendered surplus, the same
except normal wastage shall be returned by the Contractor to the Employer
at rates not exceeding those at which these were originally issued less
allowance for any deterioration or damage which may have been caused
whilst the materials were in the custodyof the Contractor. In addition, cost
of transportingsuch materials from Site to the Employer’s stores, if so
required by theEmployer.
(d) Reasonable compensation for transfer of Contractor’s T&P from Site to

Contractor's permanent stores or to hisother Works, whichever is less.
IfT&P are not transported to either of the said places, no costof
transportation shall bepayable.
51.1.2 The Contractor shall, ifrequired by the Engineer-in-Charge furnish tohim wage
books, time sheets and other relevant documents as may be reasonably necessary
to enable him to certify the reasonableness of the amount payable under
thisClause.
51.2 Termination on Contractor’s Death
51.2.1 If the Contractor is an individual or a proprietary concern and the individual or the
proprietor dies and if the Contractor is a partnership concern and one of the
partners dies, then unless the Employer is satisfied that the legal representatives
of the individual Contractor or of the proprietor of the proprietary concern and in
the case of partnership, the surviving partners, are capable of carrying out and
completing the Contract, the Employer shall be entitled to cancel the Contract as
to its incomplete part without the Employer being liable in any way to payment of
any compensation to the estate of the deceased Contractor and/or to the surviving
partners ofthe Contractor's firm on account of the cancellation of the Contract. The
decisionof the Employer that the legal representatives of the deceased Contractor
or the surviving partners of the Contractor's firm cannot carry out and complete the
Contract shall be final and binding on the parties. In the event of such cancellation
the Employer shall not hold the estate of the deceased Contractor and/or the
surviving partners of the Contractor's firm liablefor damages for not completing
theContract.
51.3 Termination for Contractor’sDefault
51.3.1 If theContractor:
(a) at any time makes default inproceeding with the Works with due
diligenceand continues to do so after a notice of seven (7) days in writing
from the Engineer-in-Charge;or
(b) commits default in complying with any of the terms and conditions of
Contract and does not remedy it or take effective steps toremedy it within
seven (7) days after a notice in writing is given to him in that behalf by the
Engineer-in-Charge;or
(c) fails to complete the Works or items of Work with individual dates of
completion, on or before the date(s) of completion, and doesnot complete
them within the period specified in a notice given in writing inthat behalf by
the Engineer-in-Charge;or
(d) shall offer, or give or agree togive to anyperson in Employer's service or

to any other person on his behalf any gift or consideration of any kind as an
inducement or reward for doing or for bearing to do or having done
or forborne to do any act in relation to the obtaining or execution of this or
any other Contract for the Employer; or
(e) shall enter into a contract with the Employer in connection with which
commission has been paid oragreed to be paidby him or to his knowledge,
unless the particulars of any such commission and the terms of payment
thereof have been previously disclosed in writing to the Employer/
Engineer-in-Charge;or
(f) shall obtain a Contract with the Employer as a result of ring bidding or other
non-bonafide methods of competitive bidding; or
(g) being an individual, or if a firm, any partner thereof, shall at any time be
adjudged insolvent or have a receiving order or order for administration of
his estate made against him or shall take any proceedings for liquidation or
composition (other than a voluntary liquidation for the purpose of
amalgamation or reconstruction) under any Insolvency Act for the time
being in force or make any conveyance or assignment of his affective or
composition or arrangement for the benefit of his creditors or purport so
to do, or if any application be made under any Insolvency Act for the time
being in force, for the sequestration of his estate or if a trust deed be
executed by him for benefit of his creditors;or
(h) being a company, shall pass a resolution or the Court shall makean order
for the liquidation of its affairs, or a receiver or manager on behalf of the
debenture holders shall be appointed or circumstances shall arise which
entitle the Court or debenture holders to appoint a receiver or manager;or
(i) assigns, transfers, sublets (engagement of labouron apiece-work basis or

of labourwith materials not to be incorporated in the work, shall not be
deemed to be subletting) attempts to assign, transfer or sublet the entire
Works or any portion thereof without the prior written approval of the
Employer;
the Employer may, without prejudice to any other right to remedy which shall
have accrued or shall accrue thereafter to the Employer by written notice,
cancel the Contract as a whole or only such items of work in default, from
theContract.
(j) “Withholding/Banning
The Employer has in place a Policy for withholding and Banning of Business
Dealings as enclosed at ANNEXURE-I to Special Conditions of Contract (SCC) of
the Bidding documents. Business dealings may be withheld or banned with the
Contractor on account of any Default by the Contractor under GCC Clause 51.3.1
or any of the grounds as detailed in the said Banning Policy.”
Encl. :Annexure-I to SCC
51.3.2 The Employer shall on such cancellation have rightsto:
(a) take possession ofthe Works and any materials, construction plant,
implements, stores, etc., thereon;and/or
(b) carry out the incomplete Work by any means at the risk and cost of the
Contractor.
51.3.3 On cancellation of the Contract in full or in part, the Employer shall determine what
amount, ifany, is recoverablefrom the Contractor for completion of Works or part
of the Works or in case the Works or part of the Works is not completed, the loss or
damage suffered by the Employer. In determining the amount, credit shall be given
to the Contractor for the value of the workexecuted by him upto the time of
cancellation, the value of Contractor’s material taken over as well as incorporated
in the work, and use of tools and plants belonging to theContractor.
51.3.4 Any excess expenditureincurred orto be incurred by the Employer in completing

the Works or part of the Works or the excess loss or damages suffered or may be
suffered by the Employer as aforesaid after allowing such credit shall berecovered
from any money due to the Contractor on any account, and if such money is not
sufficient the Contractor shallbe called uponinwritingtopaythesamewithintwenty-
eight(28)days.
51.3.5 If the Contractor shall fail to pay the required sum within the aforesaid period of
twenty-eight (28) days, the Engineer-in-Charge shall have the right to sell any or
all of the Contractor’s unused materials, construction plant, implements,
temporary buildings etc. and apply the proceeds of sale thereof towards the
satisfaction of any sums due from the Contractor under the Contract and if
thereafter therebe any balance outstanding from the Contractor, it shall be
recovered fromhim.
51.3.6 Any sums in excess of the amounts due to the Employer and unsold materials,
construction plant etc., shall be returned to the Contractor, provided always that
if cost or anticipated cost of completion by the Employer of the Works or part of
the Works is less than the amount which the Contractor would have been paid
had he completed the Works or part of the Works, such benefit shall not accrue to
theContractor.
52. Adherence to Fraud Prevention Policy

The Contractor along with its Associate / Collaborator / Sub-Contractors / Sub-
Vendors / Consultants / Service Providers shall strictly adhere to the Fraud
Prevention Policy of Employer displayed on its website
http://www.ntpctender.com. The Contractor along with his associate/
collaborator/ subcontractor/ sub-vendor/ consultant/ service provider shall
observe the highest standards of ethics and shall not indulge or allow anybody
else working in their organization to indulge in fraudulent activities during
execution of the contract. The Contractor shall immediately apprise the
Employer about any fraud or suspected fraud as soon as it comes to his notice
53. Withholding /Banning
The Employer has in place a Policy for withholding and banning of Business
Dealings as enclosed at Appendix-I to this section. Business dealings may
be withheld or banned with the Contractor on account of any Default by the
Contractor under Clause 51.3.1 or any of the grounds as detailed in the said
Banning Policy.
54. CONTRACTOR’S LABOUR INFORMATION MANAGEMENT

SYSTEM(CLIMS):
(a) The Contractor has to necessarily get itself registered in the

Contractor’s Labour Information Management System (CLIMS), which
will be installed by theEmployer.
(b) The entry and exit of all contract labour to the plant premises will be
through Gate Access Control System of above ‘Contractor’s Labour
Information Management System’.
(c) It will be the responsibility of the Contractor to ensure timely exit of all
labours from the plant premises after completion of job of thatday.
(d) Thecontractorhastoabidewithallthestatutorycomplianceapplicabletoits
55. Contractor Performance Feedback and Evaluation System
The Employer has in place an established ‘Contractor Performance and Feedback

System’ against which the Contractor’s performance during the execution of Contract
shall be evaluated on a continuous basis at regular intervals on the following seven
parameters:
• Engineering & Quality Assurance Capability

• Finance
• Supply
• Construction/ Installation
• FieldQuality
• Safety
• Claims & Disputes
The score-based feedback formats based on which Contractor’s performance shall

be evaluated is enclosed at Annexure-A.
In case the performance of the Contractor is found unsatisfactory, the Contractor

shall be considered ineligible for participating in future tenders for three years.
On completion of the above ineligibility period, the Contractor would be required to

submit a request to NTPC for participating in future tenders specifying the measures
taken to improve their performance. The Contractor may also request for early
revocation of suspension after completion of at least two (2) year of the suspension
period. On receipt of such request, the performance of the Contractor shall be
assessed/evaluated by NTPC and if the performance is found to be satisfactory, the
Contractor shall be considered eligible for participation in future tenders.
56. Limitation of Liability:
56.1 Except in cases of criminal negligence or willful misconduct,
(a) neither Party shall be liable to the other Party, whether in contract, tort, or
otherwise, for any indirect or consequential loss or damage, loss of use, loss of
production, or loss of profits or interest costs, which may be suffered by the other
Party in connection with the Contract, provided that this exclusion shall not apply
to any obligation of the Contractor to pay liquidated damages to the Employer and
(b) the aggregate liability of the Contractor to the Employer, whether under the
Contract, in tort or otherwise, shall not exceed the total Contract Price, provided
that this limitation shall not apply to any obligation of the Contractor to indemnify
the Employer with respect to patent infringement.
(c) the aggregate liability of the Employer to the Contractor, whether under the
Contract, in tort or otherwise, at any point of time during the execution/performance
of the Contract, shall not exceed the ‘total Contract Price less payments already
released to the Contractor’.
57. No Claim for interest or damage
57.1. Interest on money due to the contractor:
Contractor shall not be entitled to any interest or damage in case of any delay on the part of the
Employer to pay the amount due upon measurement or as per Contract or otherwise. Contractor
shall also not be entitled to interest upon any guarantee/ security/ retention money or payments in
arrears or upon any balance which may on the final settlement of his account be due to him.
57.2 No claim for interest or damage:
No claim for interest or damage will be entertained or be payable by the Employer in

respect of any amount or balance which may be lying with the Employer or may
become due upon settlement/adjudication of any dispute, difference or
misunderstanding between the parties by way of arbitration or court proceedings or
otherwise or in respect of any delay or omission on the part of the Employer in making
intermediate or final payment or in respect of any amount/damage which may be
claimed through arbitration or court proceedings or in any other respect whatsoever.
58. Compliance to Carriage by Road Rules 2011
All the T&P and materials required for Works, whether bought by Contractor or issued
by the Employer, if required to be transported by Road, must necessarily be
transported through a registered common carrier as per Carriage by Road Rules
2011 of Central Government of India.
59.0 Procedure for Contract Closing
59.1 The closing of Contract shall be effected after completion of the defect liability
period and return/refund of CPG/Security Deposit.
59.2 The following thirteen (13) certificates, as per the proforma enclosed in Section VIII
(Forms and Procedures), shall be issued by the ‘concerned departments of NTPC’/
‘Contractor’, as applicable, and submitted to the concerned authority designated
in NTPC for closing of Contracts:
Certificate Certificate Responsibility LIMITING DATES

No. Description FOR
ISSUANCE OF
CERTIFICATE@
CCP-01 Certificate of C&M dept. 7 Months from the
Final date
Amendment of Completion of
to the Contract Facilities
CCP-02 Drawing Executing 2 Months from the
Receipt Dept./EIC date
Certificate of Completion of
Facilities
CCP-03 QA Documents FQA 2 Months from the
Receipt date
Facilities
CCP-04 O&M Manual Executing 4 Months from the
Receipt Dept./EIC date
Facilities
CCP-05 Scope Executing 8 Months from the
Completion Dept./EIC date
Facilities
CCP-06 Liquidated Executing 7 Months from the
Damages for Dept./EIC date
Delay of Completion of
Certificate Facilities
CCP-07 Shortfall in Executing 7 Months from the
Equipment Dept./EIC date
Performance of Completion of
Certificate Facilities
CCP-08 “Material Executing 6 Months from the
Reconciliation” Dept./EIC & Site date
Certificate Materials of Completion of
Mgmt. Facilities
CCP-09 “Payment Finance 6 Months from the
Reconciliation” date
Facilities
CCP-9A Reconciliation Finance 6 Months from the
Certificate for date
Payments by of Completion of
Site/SSC : Facilities
Foreign
Contractor
CCP-9B Reconciliation Corporate 6 Months from the
Certificate for Finance date
Payments by (IF Deptt.) of Completion of
Corporate Facilities
Finance:
Foreign
Contractor
CCP-9C "Customs Transportation 6 Months from the
Reconciliation" and date
Certificate : Customs of Completion of
Foreign Clearance Facilities
Contractor (T&CC) office
CCP-10 Certificate Contractor 9 Months from the
regarding date
Labour of Completion of
Payments and Facilities
Statutory
Requirements to
be furnished
by
Contractor.
CCP-11 “No Demand Contractor 6 Months from the
Certificate” by date
Contractor of Performance
Guarantee Tests.
CCp-12 Certificate for Erection/O&M 14 Months from
Completion of Completion of
Warranty Period Facilities
CCP-13 Certificate for Finance All BGs except
Return of BGs/ CPG: 5
Indemnity Months from
Bonds etc. Completion
of Facilities
CPG: 15 Months
from
Completion of
Facilities
59.3 Both the Contractor and the Employer will make necessary efforts to
complete the Contract Closing activities as per the timelines as mentioned at
clause 59.2 above.
It shall be the responsibility of the contractor to submit the drawings alongwith the
reproducibles, QA documents, O&M Manuals, List of Spares, As Built drawings,
deliverables, etc., as applicable, in a timely and sequential manner so that the
contract closing activities are not delayed/impeded.
The Employer shall also use its best endeavors to expedite all activities leading to
successful closure of the contract. The Employer will review and approve the
documents submitted by the Contractor in a timely and expeditious manner and the
approvals shall not be unreasonably withheld.
ANNEXURE-A
PERFORMANCE REPORT OF CONTRACTOR
GUIDELINES FOR FILLING THE FORMAT
1.0 The feedback shall be based on records, evidences and documents (hindrance
register, DPR, monthly PRT MoM, contractor's MPR, etc). Due diligence shall be taken
to capture the actual progress, hindrances, if any from the monthly progress report to
be submitted by the concerned agency. As Daily Progress Report / Weekly Progress
Report / Monthly Progress Report are key documents / inputs for Vendor Performance
measurement. Non-submission of the aforesaid documents may also be reckoned as
poor performance.
2.0 For measurement of contractor performance in various activities in supply, site

execution etc, the Contractor shall submit quantified L-2 schedule within 3 months after
scheduled completion of Basic Engg or 180 days from date of award, whichever is
earlier. Based on the progress of detailed Engg, quantified L-2 shall be updated as
and when required.
3.0 This vendor performance rating system is applicable for a particular package
being executed by the vendor. If the same vendor is executing multiple packages in a
project or at number of NTPC projects, the performance report shall be prepared
package wise and the screening committee may then take a final view for evaluating
the overall performance of the vendor before initiating action for issuance of Notice for
Withholding of business dealings with the concerned contractor, in case the
performance is found unsatisfactory.
Page 1 of 10
PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
PACKAGE COMPLETION DATE
FORMAT FOR ENGG & QA SCORE

(TO BE FILLED IN BY ENGG.)
S.No. Parameters Max Act % Marks

Score age w.r.t. obtained
(A) sch (B) (C) = (A)x(B)
(i) %age of “Approval” category drgs/ docs 30
submitted within submission schedule.
(ii) %age of “Information” category drgs/ 20
docs submitted within submission
schedule.
(iii) %age of drgs/docs approved within 20
approval schedule (in Cat-I/IV)*
(iv) %age of drgs/docs approved within 20
approval schedule (in Cat-II/IVR)*
(v) %age of Sub-vendor proposal for items 10
identified in “DR” category & submitted
within agreed schedule (i.e. 3 months
prior to schedule date of ordering
identified in L2)**
TOTAL 100
* For (iii) & (iv) above - If all drawings/documents due for approval are approved in
Cat-I/IV within approval schedule, then marks allocated against (iii) & (iv) above
shall be clubbed for calculation purpose.
** In case no “DR” proposal is submitted and orders are placed on already
approved vendors, then full marks shall be given for calculation purpose against
item (v).
Page 2 of 10
PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
FORMAT FOR FINANCE SCORE

(TO BE FILLED IN BY PP&M PRT COORDINATOR ON MONTHLY BASIS DURING PRT
MEETING, BASED ON DETAILS TO BE FURNISHED BY SITE P&S)
S. no Parameters Max % Rating Marks Obtained

Score (B) (C) = (A) *(B)
(A)
(i) Number of instances NTPC 25
has to issue Comfort letters to
sub-vendors for getting
supplies.
(ii) Number of instances vendor 25
has requested for advance
against BG from NTPC
(beyond contractual provision)
(iii) Number of instances of supply 25
delay beyond 1 month after
issuance of MDCC.
(iv) Number of instances of direct 25
supply / diversion of materials
/ consumables by NTPC.
TOTAL 100
*Performance to be captured by PP&M PRT Coordinator on monthly basis during PRT

Meeting, based on details to be furnished by site P&S.
*(No instances = 100%
Up to 1 instance = 50%
more than 1 instances = 0%).
Page 3 of 10
PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
FORMAT FOR SUPPLY SCORE

(TO BE FILLED IN BY CONTRACTS)
S. no Parameters Max Actual % Marks Obtained
Score w.r.t. L2
(A) schedule
(C) = (A) *(B)
(B)
(i) Ordering of Bought out items as per
approved L2 network*
Major Bought out items 20
Minor Bought out items 5
Number of instances of cancellation 10
/ changes of BoI orders
(No instances = 100%
Up to 1 instances = 50%
more than 1 instances = 0%).
Supply of Main Equipment per 60
(ii) approved L2 network
(iii) Supply of Mandatory spares as per 5
approved L2 network
TOTAL 100
*If Major & Minor Bought out items are not separately identified in L-2 network then both
shall be clubbed into single line item with Max score of 25.
Note: Overall % of actual progress vis-à-vis L2 schedule in Col (B) shall be arrived
in the following manner:
(i) Let there be n type of Items/systems identified in L2/Quantified L2
schedule i.e. E1, E2, E3 …..En.
(ii) Let % progress for each type of Item/system vis-à-vis L2 schedule be %E1,
%E2, %E3……%En.
(iii) Overall % in Col (B) = (%E1+ %E2+ %E3……+%En)/n
Page 4 of 10
PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
FORMAT FOR CONSTRUCTION/INSTALLATION SCORE

(TO BE FILLED IN BY SITE)
S. no Parameters Max % of actual vis- Marks
Score à-vis L2 Obtained
(A) schedule (B) (C)=(A) *(B)
(i) Physical progress i.e. Installation 95
of equipment / item, Civil works (i.e.
Excavation, RCC, Piling, etc),
Structural Works (i.e. Structural
Fabrication, Erection, etc) as per
approved L2 network
(ii) Project Management Capability and
resource Management by Vendor
at site.
(5 Negative marks per instance)
Number of instances of delay due to (-)5
inadequate deployment of
equipment and T&P, based on
record maintained in hindrance
register, monthly PRT MoM,
contractor’s MPR, etc.
Number of instances of direct (-)5
payment by NTPC to Contractor’s
sub-vendors to expedite supplies /
services / the progress of work at
site affected due to strike / delay in
payments to labourers.
(iii) Submission of Monthly Report in 5
specified formats.
TOTAL 100
Details of Area-wise performance is mentioned below:

L2
Actual Completed
Sr No. Activities Scope Finish %age Comp
till L2 Finish
Date
1 Excavation
2 RCC
Structural /
3 Equipment
Erection
Avg Comp %
Page 5 of 10
Note: For Physical Progress, overall % of actual progress vis-à-vis quantified L2
schedule in Col (B) shall be arrived in the following manner (Unit of measurement
shall be as per approved BBU for respective activities):
(i) Let there be n category of works identified in L-2/Quantified L2 schedule i.e.
W1, W2, W3 …..Wn.
(ii) Let % progress for each category of work vis-à-vis L2 schedule
be %W1, %W2, %W3……%Wn.
(iii) Overall %in Col (B) = (%W1+ %W2+ %W3……+%Wn)/n
Note:
 All incidences shall be relevant to the current performance evaluation cycle.
 In case of delay in front (including construction drawings for civil packages and
other inputs, if any) release by NTPC, measurement of delay in execution by the
contractor shall be normalized proportionally.
 Contractor will have to submit monthly progress report capturing actual physical
progress viv-a-vis L2 schedule and delay in hand over of front by NTPC, if any. In
case of front delay the same has to be jointly signed by NTPC engineer & Vendor.
Page 6 of 10
PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
FORMAT FOR QUALITY SCORE

S. no Parameters Max % Rating Marks

Score (B) Obtained
(A) (C)=(A) *(B)
(i) Availability of Testing facilities 25
(Available as per contractual
requirement – 100%
Not available – 0%)
(ii) Preventing recurrence of 25
defects/complaints
(up to 5 cases – 100%,
Up to 10 cases – 40%,
more than 10 cases – 0%)
(iii) Proper Storage & Preservation of 25
Equipment/Material
(Nil violation – 100%,
Up to 1 case of violation – 40%,
more than 1 cases of violation – 0%)
(iv) Deployment of Qualified Quality 25
Officers/Manpower as per Contract
(% deployment w.r.t. contractual
requirement)
TOTAL 100
Page 7 of 10
PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
FORMAT FOR SAFETY SCORE
S. no Parameters Max % Rating Marks

Score (B) Obtained
(A) (C)=(A) *(B)
(i) Having safety policy and approved 10
Safety Assurance Plan
(available as per requirement –
100%,
Not-available – 0%)
(ii) Violation of safety requirement as per 20
Safety Assurance Plan.
(0 violation = 100%
Upto 3 violations = 50%
more than 3 = 0%)
(iii) No. of incidence of Fatal accidents 50
due to contractor’s negligence
(0 incidence = 100%
1 incidence = 50%
more than 1 cases, or multiple
fatalities in one instance = 0%)
(iv) No. of incidence of Non-Fatal 10
accidents due to contractor’s
negligence
(0 incidence = 100%
Up to 5 incidence = 50%
more than 5 = 0%)
(v) Deployment of Qualified Safety 10
Officers as per contract
(% deployment w.r.t. contractual
requirement)
TOTAL 100
Page 8 of 10
PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
FORMAT FOR CLAIMS & DISPUTE SCORE
S. no Parameters Max Score % Rating Marks

(B) Obtained
(A) (C)=(A) *(B)
(i) No. of cases where Contractor 70
stopped work on account of non-
admittance/non settlement of
claims
(No case = 100%
Upto 3 cases = 50%
more than 3 cases = 0%)
(ii) No. of arbitration/legal cases 30
resorted to by the Contractor
(No case – 100%, otherwise 0%)
TOTAL 100
Page 9 of 10
PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
Overall Performance Evaluation
S.No. Parameters Max Score Weightage Max Weighted

Score Obtained (C) Weighted Score
(A) (B) Score obtained
(D) = (E) =
(A)*(C) (B)*(C)
(i) Engineering & QA 100 0.20 20
(ii) Finance 100 0.20 20
(iii) Supply 100 0.20 20
(iv) Construction/Installation 100 0.20 20
(v) Quality 100 0.05 05
(vi) Safety 100 0.10 10
Claims & Disputes 100 0.05 05
Total 1.00 100
Note: In case of Civil Contracts, score of Engineering & QA and Supply shall be NIL and
weightage of Construction/Installation shall be 0.60.
Performance Rating
Total Weighted Score obtained Performance Grade

Upto 50 Unsatisfactory
>50 to 70 Satisfactory
>70 to 80 Good
>80 Excellent
Page 10-10
SECTION – V
SPECIAL CONDITIONS OF CONTRACT (SCC)
SECTION - V
SPECIAL CONDITIONS OF CONTRACT
The following Special Conditions of Contract (SCC), Section-V, shall supplement/ amend the General
Conditions of Contract (GCC) Section-IV of Standard Bidding Document. Wherever there is a conflict, the
provisions in SCC shall prevail over those in the GCC of Standard Bidding Document. The corresponding
clause number of the GCC is indicated in parentheses.
NAME OF WORK: CONSULTANCY OF AMIN FOR LAND ACQUISITION & LAND

RELATED ISSUES AT PVUNL PATRATU.
Tender Ref. No. : 9900258100
SCC
GCC Clause
Cl. Special Condition of Contract
Ref, if any
No.
1.0 Definitions Name of Employer: PATRATU VIDYUT UTPADAN NIGAM LIMITED

(GCC Clause 1)
Address of Employer :
Administrative Building, PO-PTPS,
Patratu, Dist: Ramgarh, Jharkhand-829119.
Engineer-In-Charge: HO (HR) or His Authorized
Representative
Address: PATRATU VIDYUT UTPADAN NIGAM LIMITED,

Administrative Building, PO-PTPS,
Patratu, Dist: Ramgarh, Jharkhand-829119.
Registered Office Address:
“NTPC Bhawan” Core No. 7,

Scope Complex, Institutional Area, Lodhi Road,
New Delhi – 110003, India.
Modify GCC (t) Throughout these Bidding Documents, the term “Bid” and “Tender”
clause 1 (t) and their derivatives (Bidder/Tenderer, Bidding/Tendering, Bidding
under Document/Tender Document, etc.); Bill of Quantity / Schedule of
“Definitions” Quantity / Schedule of Items/Schedule of Quantities/ Bill of
Quantities; Employer / NTPC; Security Deposit / Performance
Security/ Performance Guarantee; Engineer-in-Charge / Engineer,
appearing any where in the Bidding Documents shall have the same
meaning and are synonymous to each other.
Laws This Contract shall be governed by the Indian laws for the time
governing the being in force. The Courts at Ranchi/Ramgarh shall have
Contract jurisdiction, in all matters.
(GCC Clause
6.1)
Settlement of Place of Arbitration: Ranchi/Ramgarh
Disputes
(GCC Clause
7)
GCC Sub-
Clause 7.3.3
3.0 Scope of the The scope of the contract given in the Bidding Documents is for
Contract guidance only. The contract shall include all such jobs which may not
be specifically mentioned above but which may be necessary for
(GCC Clause completion of work. Any job not specifically mentioned but reasonably
8) implied to be carried out for satisfactory completion of the contract in all
respects shall be carried out by the contractor without extra cost to
PVUNL. Instructions of Engineer -in- Charge to meet the scope and
intent of this contracted service shall be binding on the contractor.
4.0 Labour laws During the entire period of Contract, the Contractor and his Sub-
and Contractors shall, at all times abide by the following Acts/Statutes
SCC
GCC Clause
Ref, if any
No.
Regulations related to Human Resources:

and 1. Factories Act, 1948;
compliance 2. Employer’s Liability Act, 1938
thereof 3. Contract Labour (Regulation & Abolition) Act, 1970;
(GCC Sub- 4. EPF & MP Act, 1952;
Clause 10.4.1) 5. Building & Other Construction Workers (Regulation of
Employment & Conditions of Service) Act, 1996;
6. ESI Act, 1948;
7. Minimum Wages Act, 1948;
8. Payment of Wages Act, 1936;
9. Payment of Bonus Act, 1965;
10. Payment of Gratuity Act, 1972;
11. Workmen’s Compensation Act, 1923;
12. Industrial Disputes Act, 1947;
13. Maternity Benefit Act, 1961;
14. Inter-State Migrant Workmen (Regulation of Employment &
Conditions of Service) Act, 1979;
15. Fatal Accidents Act, 1855
16. Model Welfare Code
The above will deem to include all relevant/applicable rules made there
under, regulations, notifications and bye laws of the State or Central
Govt. or the local authority and any other labour law (including rules)
regulations, bye laws as well as those that may be passed or notification
that may be issued under any labour law present and in
future either by State or Central Government or by local authority.
5.0 Advance Not Applicable
(GCC Clause
23) The clause 23.1 to 23.9 stand deleted.
6.0 Replace GCC
clause 22.1.1 & 22.1.1 The Contractor shall within Forty Five (45) days of the Letter
22.1.2 under of Award or prior to release of Ist RA bill/Mobilization advance
“Contract whichever is earlier, provide a Contract Performance
Performance
Security Guarantee (CPG) towards faithful performance of the Contract
for Ten percent (10%) of the Contract Price.
22.1.2 The Contractor also has the option to furnish an Initial

Contract Performance Guarantee (ICPG) equivalent to a minimum of
2% of the Contract Price within Forty Five (45) days of the Letter of
Award or prior to release of Ist RA bill/Mobilization advance
whichever is earlier. In case of such a Contractor, who furnishes Initial
Contract Performance Guarantee, the Employer shall at the time of
making any payment to him for the work done under the Contract
deduct towards the Contract Performance Security an amount
equivalent to 10% of thegross bill amount accepted for payment until
the Contract Performance Security so deducted including the amount
of Initial Contract Performance Security becomes equal to 10% of the
Contract Price..
7.0 GCC Clause Add the following at the end of GCC clause no. 24.1
24.1
”The following terms of payment shall be applicable :
Progressively payment as per RA bill and shall be released based on

the volume of the work completed and as certified by Engineer–In-
Charge.
7.0 Contract As per Scope of Work

Price
Adjustment
(GCC Clause
25)
8.0 Time for As per scope of work

Completion
(GCC Sub-
Clause 29.2)
9.0 Liquidated LiquidAted DAMAges for DelAy
damages for
SCC
GCC Clause
Ref, if any
No.
Delay
The Contractor shall ensure adequate progress during the
(GCC Sub- execution of the work according to the bar chart/work schedule
Clause 29.6) incorporated in the Contract so that following activities are
GCC Sub- completed in the period allowed in the bar chart/work schedule
Clause 29.6.1 and as further shown below. The value of these items to be
completed in identified periods is shown as a percentage of the
total contract value for the purpose of calculation of Liquidated
damages for Delay in case the Contractor fails to complete the
work on or before scheduled or extended date of completion as per
clause 29.2 & 29.5 of GCC.
COMPENSATION FOR DELAY CLAUSE (LD

PARAMENTERS)
The liquidated damages shall be charged at the rate of _ _ *_ _ per
week of delay of the value of the work shown above if there is delay
for a particular stage or the entire value of Contract if the whole of the
work is delayed.
The Contract Coordinator shall indicate the applicable rate of

liquidated damages and the upper limit thereof, in line with the
following provisions:
The Liquidated damages on the Contract Value of the Work for

every week that the progress remains below the required
progress or that the Work remains incomplete.
(a) Completion period (as originally @ 1 percent per week

stipulated) not exceeding
6 months.
(b) Completion period (as originally @ ½ percent per week.

stipulated) exceeding 6 months
and not exceeding 2 years.
(c) Completion period (as originally @ ¼ percent per week.

stipulated) exceeding 2 years.
Provided always that the total amount of Liquidated damages for delay
to be paid under this Condition shall not exceed the under noted
percentage of the Contract value or of the Contract value of the item or
group of items of Work for which a separate period of completion is
given:
(a) Completion period (as original stipulated) 10 percent

not exceeding 6 months
(b) Completion period (as originally stipulated) 7.5 percent
exceeding 6 monthsand not exceeding 2 years.
© Completion period as originally stipulated) 5 percent

Exceeding 2 years
(*) Rate of LD and ceiling of LD shall be as mentioned above.
11.0 Construction Replace sub clauses 41.1.1 to 41.2.5 by the following:

Power and
Construction “41.1 Construction power and water will not be provided by the Owner.
Water Supply Contractor shall make his own arrangements for the construction power
and Staff / and water required for the work.”
Labour
Colony: (GCC
Clause 41)
12.0 Defect Liability NA

Period: (GCC
Clause 45)
SECTION – VIII
(FORMS AND PROCEDURES)
(BOOK 1 OF 3)
BIDDING DOCUMENT NO. : ………………
TABLE OF FORMS AND PROCEDURES

SECTION-VIII (BOOK 1 OF 3)
---------------------------------------------------------------------------------------------------------------------------
SL.NO. DESCRIPTION
---------------------------------------------------------------------------------------------------------------------------
1 BID FORM TECHNO-COMMERCIAL BID
2 ATTACHMENT - 1 BID SECURITY
3 ATTACHMENT - 2 DOCUMENTS RELATED TO LEGAL STATUS OF BIDDER
4 ATTACHMENT – 3 FORM FOR QUALIFICATION DETAILS (NOT APPLICABLE)
5 ATTACHMENT - 4 ELECTRONIC FUND TRANSFER

6 ATTACHMENT - 5 FORM FOR GENERAL DECLARATION BY BIDDER
7 ATTACHMENT - 6 COMPLIANCE WITH THE PROVISIONS OF BIDDING DOCUMENTS
8 ATTACHMENT -7 FORM FOR ACCEPTANCE OF FRAUD PREVENTION POLICY
9 ATTACHMENT -8 FORM OF DECLARATION OF BANNING POLICY
10 ATTACHMENT - 9 FORM OF ACCEPTANCE NTPC SAFETY RULES

CAUTION LIST
BIDDER MAY TAKE NOTE OF THE PROVISIONS OF BIDDING DOCUMENTS

INCLUDING FOLLOWING POINTS (INDICATIVE BUT NOT EXHAUSTIVE) WHILE
SUBMITTING IT’S BID:
Sl. No. Description Action/Compliance required
1. Bid Security (EMD) Bidder to ensure that bid security (EMD) is submitted in original (except
cases where e-payment is permitted), duly signed in original by
authorized signatory and stamped on each page, strictly as per the
format specified in bidding documents, failing which the bid shall be
rejected.
2. TENDER FEE BIDDER TO ENSURE THAT TENDER FEE IS SUBMITTED IN ORIGINAL

(EXCEPT CASES WHERE E-PAYMENT IS PERMITTED) STRICTLY AS
SPECIFIED IN BIDDING DOCUMENTS, FAILING WHICH THE BID SHALL
BE REJECTED.
3. INTEGRITY PACT BIDDER TO ENSURE THAT INTEGRITY PACT (AS APPLICABLE) IS

SUBMITTED IN ORIGINAL, DULY SIGNED IN ORIGINAL BY AUTHORIZED
SIGNATORY AND STAMPED ON EACH PAGE, STRICTLY AS PER THE
FORMAT SPECIFIED IN BIDDING DOCUMENTS.
SCANNED/PHOTOCOPY OF THESE ORIGINAL DOCUMENTS WITHOUT
SIGNATURE IN ORIGINAL SHALL NOT BE ACCEPTABLE AND SHALL BE
REJECTED.
4. JOINT DEED OF BIDDER TO ENSURE THAT JOINT DEED OF UNDERTAKING/JV

UNDERTAKING/JV AGREEMENT (AS APPLICABLE) ARE SUBMITTED IN ORIGINAL, DULY
AGREEMENT SIGNED IN ORIGINAL BY AUTHORIZED SIGNATORY AND STAMPED ON
EACH PAGE, STRICTLY AS PER THE FORMAT SPECIFIED IN BIDDING
DOCUMENTS. SCANNED/PHOTOCOPY OF THESE ORIGINAL
DOCUMENTS SHALL NOT BE ACCEPTABLE AND SHALL BE REJECTED.
5. Power of Attorney Power of attorney, duly notarized by a notary public, indicating that the
person(s) signing the bid has/have the authority to sign the bid and the
bid is binding upon the bidder during the full period of its validity. The
Power of Attorney should be supported by a copy of board
resolution/other relevant documents to demonstrate the
authority of the person issuing the Power of Attorney.
Note: Date of Purchase of Stamp paper of instruments like Bid Security, Joint Deed of
Undertaking, JV agreement etc. should be on or before the date of execution of such
instruments. Power of Attorney should be dated not later than the date of signing of
the bid.
6. GST rate Bidder must indicate GST rate in the schedule of quantity. In case,
applicable rate of GST is not quoted by the bidder separately, the
quoted price shall be considered inclusive of GST for evaluation
purpose. However, for the purpose of Award, the basic price shall be
worked out accordingly giving due consideration to actual GST rate,
prevailing as on seven (7) days prior to the deadline for submission of
Techno-commercial Bids.
Also if, the quoted GST rates is lower than the actual GST rate
prevailing as on seven (7) days prior to the deadline for submission of
Techno-commercial Bids, the quoted prices along with quoted GST
rate, shall be considered for evaluation purpose. However, for the
purpose of Award, the basic price shall be worked out accordingly
giving due consideration to actual GST rate, prevailing as on seven
(7) days prior to the deadline for submission of Techno-commercial
Bids.
7. GSTIN details Bidder must provide GSTIN details in the bid. In case GSTIN details
are not provided, it shall be considered that the bidder is an
unregistered dealer.
8. FOR OPEN REFERENCE WORKS/POS/PLANTS DECLARED BY THE BIDDER IN THE

TENDER: BID, SHALL ONLY BE CONSIDERED TO ASCERTAIN THE BIDDERS
REFERENCE COMPLIANCE FOR MEETING QR. BIDDERS ARE NOT PERMITTED TO
WORKS/PO/PLANTS QUOTE MORE THAN THE THREE (03) NUMBERS OF REFERENCE
FOR MEETING WORKS/POS/PLANTS FOR THIS PURPOSE.
QUALIFYING
REQUIREMENTS BIDDERS ARE REQUIRED TO FURNISH REQUISITE DETAILS IN THE
(QR) FORMAT SPECIFIED IN THE BIDDING DOCUMENTS FOR MEETING QR
ALONG WITH SUPPORTING DOCUMENTS LIKE CLIENT CERTIFICATE,
WORK ORDER, CONTRACT AGREEMENT ETC.
9. Acceptance of It is mandatory for the bidders to accept GTE conditions online while
General Technical submitting bids. Following conditions are specified in the GTE:
Evaluation(GTE) a) Compliance to All Provisions of Bidding Documents
conditions online (NIL Deviation Certificate)
while submitting bid b) Acceptance of NTPC Safety Rules
d) Acceptance of NTPC Fraud Prevention Policy
e) Declaration On Banning Policy
Bidders may note that in case they do not accept the GTE
conditions, their bids shall not be considered and shall be
rejected.
Any other condition, if mentioned in GTE, requiring any

confirmation/information are to ticked/filled up suitably.
10. BOQ.XLS File Bidders are required to refer Technical Specification/Detailed BOQ
before quoting the rates/prices in BOQ.XLS sheet for the
corresponding items/works. It may be noted that the “Item
Description/Work Description” appearing in BOQ.XLS sheet, is very
brief only and is not exhaustive. In case of any discrepancies/variation
in Item Description/Work Description between Technical
Specification/Detailed BOQ and BOQ.XLS File, the description
appearing in Technical Specification/Detailed BOQ shall prevail and it
would be deemed that the bidder has read the Technical Specification,
Drawings, Detailed BOQ and other sections of Bidding Documents to
ascertain full Scope of work, included in each item , while filling the
rates/prices and the entered rates /prices, shall be deemed to include
the full scope of work as per technical
specification.
1. BID FORM
(TECHNO-COMMERCIAL BID)
BID FORM
BID FORM (TECHNO-COMMERCIAL BID)
NAME OF WORK :.................................
BID DOCUMENT NO …………………………..

To,
PATRATU VIDYUT UTPADAN NIGAM LIMITED (PVUNL)

Administrative Building,
PO-PTPS Patratu, Dist: Ramgarh,
Jharkhand-829119
Dear Sir,
1.0 Having examined the Bidding Documents No. ……………… including subsequent
amendments and clarifications (if any), the receipt of which is hereby acknowledged, we
the undersigned, submit our bid for the Works under the above-named Contract Package,
in full conformity with the said Bidding Documents.
2.0 Attachments to the Bid form:
In line with the requirement of the Bidding Documents we enclose herewith the following
Attachments to the Bid Form (Delete whichever is not applicable):
(a) Attachment 1: Bid Security in the form of ……………………………. (Please fill in the
alternative chosen) for a sum of………………………… (Indian Rupees
……………………………………………………………………………………………. only)
(in figures and words) valid for a period of Forty-Five (45) days beyond the stipulated
initial bid validity period. As required the Attachment -1 (i.e. Bid Security) has been
furnished in a separate sealed envelope.
(b) Attachment 2: The documents ascertaining our legal status and indicatingthat the
person(s) signing the bid has/have the authority to sign the bid; and thus that the bid is
binding upon us during the full period of its validity in accordance with the ITB Clause
No.11.2.
(d) Attachment 4: Authorisation Form for release of payments through Electronic Fund
Transfer System.
(e) Attachment 5: General Declaration by Bidder
(f) Attachment 6: Compliance with the provisions of the Bidding Document (NIL DEVIATION)
(g) Attachment 7: Declaration regarding abiding by Fraud Prevention

Policydisplayed on NTPC’s website http://www.ntpctender.com.
(h) Attachment 8: Declaration on Banning Policy

(i) Attachment 9: Declaration regarding abiding by Safety Rules displayed on
NTPC’s website http://www.ntpctender.com.
(j) Attachment 10: Declaration on Local Content( To be accepted under GTE)
3.0 We have read all the provisions of the Bidding Documents and confirm that notwithstanding
anything stated elsewhere in our bid to the contrary, the provisions of the Bidding Documents
are acceptable to us and we further confirm that we have not taken any deviation to the
provisions of the Bidding Documents anywhere in our bid.
We have furnished our compliance to the provisions of the Bidding Documents and its
subsequent Amendment(s)/Clarification(s)/Addenda/Errata by accepting the following
General Technical Evaluation (GTE) condition on-line:
"Do you certify compliance to all provisions of Bid Doc?"
Acceptance of above GTE conditions shall be considered as our confirmation that any
deviation, variation or additional condition etc. or any mention, contrary to the provisions of
Bidding Documents and its subsequent Amendment(s)/Clarification(s)/Addenda/Errata (if any)
found anywhere in our bid proposal, implicit or explicit shall stand unconditionally withdrawn,
without any cost implication whatsoever to the Employer, failing which our bid security shall be
forfeited.
3.1 We further declare that additional conditions, variations, deviations to the provisions of
bidding documents and its subsequent Amendment(s)/ Clarification(s)/ Addenda/ Errata,
if any, found in our proposal, shall not be given effect to.
3.2 We have furnished our compliance on "Qualifying Requirements" of PVUNL by accepting

the following General Technical Evaluation (GTE) conditions on-line :
"Do you certify full compliance on Qualifying Requirements"
3.3 We hereby confirm that the number of reference works/installations quoted by us in

Attachment-3A of the bid, for establishing compliance to the specified Qualifying
Requirement (QR), are not more than three (03) number of works/installations.
We also confirm that the reference works/installations declared more than three (03) shall not be
considered for evaluation/ establishing compliance to Qualifying Requirement (QR).
We further confirm that no change or substitution in respect of reference

works/installations, as specified in our bid, by new/additional work/installation for meeting
the specified Qualifying Requirement (QR) shall be offered by us.
4.0 We undertake, if our bid is accepted, to commence work immediately upon your Letter of
Award to us and to achieve Completion of Work within the time specified in the Bidding
Documents.
5.0 If our bid is accepted, we undertake to provide Advance Payment Security, Contract
Performance Securities and securities for Deed(s) of Joint Undertaking (as applicable) in
the form and amounts and within the times specified in the Bidding Documents.
6.0 We agree to abide by this bid for a period of four (4) months from the date of opening of
Techno-Commercial Bids as stipulated in the Bidding Documents, unless extended by us
on your request, and it shall remain binding upon us and may be accepted by you at any
time before the expiration of that period.
7.0 Until a formal Contract is prepared and executed between us, this bid, together with your
written acceptance thereof in the form of your Letter of Award shall constitute a binding
contract between us.
8.0 We understand that you are not bound to accept the lowest or any other bid you may
receive. Further we understand that PVUN 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 situation.
9.0 We, hereby, declare that only the persons or firms interested in this proposal as principals
are named here and that no other persons or firms other than those mentioned herein
have any interest in this proposal or in the Contract to be entered into, if the award is made
on us, and that this proposal is made without any connection with any other person, firm
or party likewise submitting a proposal, is in all respects for and in good faith, without
collusion or fraud.
Dated this day of 20 .
Thanking you, we remain,
Yours faithfully,
Date : Name of Authorised Person
Place : Designation
Business Address :
Fax No. :
Phone No. :
Note : 1. Bidders may note that no prescribed proforma has been enclosed for:
(a) Attachment 2 (Legal Documents)
(b) Financial Documents to be submitted in Attachment 8.
ATTACHMENT – 1
Page 1 of 1
NAME OF WORK :
..............................................................................................................................
.......
BID DOCUMENT NO. ..........................................
BID SECURITY
BIDDER TO FURNISH BID SECURITY IN LINE WITH

ITB CLAUSE 14.0 AND AS PER FORMAT GIVEN
AT SL. NO. 1 OF SECTION VIII
(FORMS & PROCEDURES) – BOOK 3 OF 3
ATTACHMENT – 2
Page 1 of 1
NAME OF WORK :
….........................................................................................................................
BID DOCUMENT NO. ..........................................
DOCUMENTS RELATED TO LEGAL STATUS OF BIDDER
BIDDER TO ATTACH THE LEGAL DOCUMENTS IN

ACCORDANCE WITH ITB SUB-CLAUSE 11.1.1(II)(b)
ATTACHMENT – 4
PAGE 1 OF 3
NAME OF WORK :
...............................................................................................................................
BID DOCUMENT NO. ..........................................
(ELECTRONIC FUND TRANSFER)
Bidder's Name &Address :

To
PatratuVidyutUtpadan Nigam Limited, Administrative Building,
PO: Patratu,
Dist.: Ramgarh
Jharkhand-829119
Dear Sirs,
We, hereby authorise the Employer to make all our payments through Electronic Fund Transfer System. The
details for facilitating the payments are given below :
(TO BE FILLED IN CAPITAL LETTERS)
1. NAME OF THE BENEFICIARY
2. ADDRESS
PIN CODE
3. TELEPHONE NO. (WITH STD CODE)
4. BANK PARTICULARS
(A) BANK NAME
(B) BANK TELEPHONE NO. (WITH STD CODE)
(C) BRANCH ADDRESS
PIN CODE
(D) BANK FAX NO (WITH STD CODE)
(E) BRANCH CODE
(F) 9 DIGIT MICR CODE OF THE BANK BRANCH (ENCLOSE COPY OF A CANCELLED CHEQUE)
(G) IFSC Code OF THE BANK BRANCH
(H) BANK ACCOUNT NUMBER
(I) BANK ACCOUNT TYPE (TICK ONE)

SAVING CURRENT LOAN CASH CREDIT OTHERS
IF OTHERS, SPECIFY
5. PERMANENT ACCOUNT NUMBER (PAN)

5. GST IDENTIFICATION NUMBER (GSTIN)
6. E-MAIL ADDRESS FOR INTIMATION REGARDING RELEASE OF PAYMENTS
I/We hereby declare that the particulars given above are correct and complete. If the transaction is delayed or
credit is not affected at all for reasons of incomplete or incorrect information, I/We would not hold the Employer
responsible.
SIGNATURE
DATE
(AUTHORISED SIGNATORY)
Name:
OFFICIAL STAMP
BANK CERTIFICATION:
It is certified that above mentioned beneficiary holds a bank account no. .............................
with our branch and the Bank particulars mentioned above are correct.
SIGNATURE
DATE
AUTHORISED SIGNATORY)
Authorization No. :
Name:
OFFICIAL STAMP
ATTACHMENT – 5
PAGE 1 OF 1
NAME OF WORK : …................................................................................
BID DOCUMENT NO. ..........................................

(GENERAL DECLARATION BY BIDDER)
Bidder's Name & Address: To,

PatratuVidyutUtpadanNigam Limited,
PO: Patratu,
Dist.: Ramgarh
Jharkhand-829119
Dear Sirs,
We hereby confirm that :
1. We have carefully read General Conditions of Contract, Special Conditions of Contract, Technical
Specification and Bid Drawings (including amendments/ errata) and Schedule of Quantities and all
other Bidding documents.
2. Our technical team/technically competent person have visited the site, assessed and satisfied
ourselves with regard to its surroundings, the local conditions such as approach roads to the site,
adequacy of the existing culverts / bridges / road / tunnel for the expected traffic, water & power supply,
nature of ground and sub-soil conditions, accommodations that may be required etc., geological and
weather characteristics, local terrain, details of taxes, royalties, duties and levies as applicable, any
other relevant information required.We have gathered all necessary information and understand the
risks, contingencies and other circumstances, which may influence or affect the tender. We understand
that we shall deemed to have considered site conditions and to have satisfied ourselves in all respects
before quoting our price and no claim whatsoever in this regard shall be entertained by the owner at a
later date.
Place : Designation
ATTACHMENT – 6
PAGE 1 OF 1
NAME OF WORK :
...............................................................................................................................
BID DOCUMENT NO. ..........................................
(NO DEVIATION CERTIFICATE)

{To be accepted on the system under General Technical Evaluation (GTE)}
Bidder's Name & Address: To,

PatratuVidyutUtpadanNigam Limited,
PO: Patratu,
Dist.: Ramgarh
Jharkhand-829119
Dear Sirs,
1.0 With reference to our Bid Proposal No............................. dated.................. for ……… …
……………………………………………………….. forPATRATU VIDYUT UTPADAN NIGAM
LIMITED (PVUNL), Bid Document No. ………………………., we hereby confirm that we
comply with all terms, conditions and specifications of the Bidding Documents read in
conjunction with Amendment(s)/ Clarification(s)/ Addenda/ Errata (if any) issued by the
Employer prior to opening of Techno-Commercial Bids and the same has been taken into
consideration while making our Techno-Commercial Bid & Price Bid and we declare
that we have not taken any deviation in this regard.
2.0 We further confirm that any deviation, variation or additional condition etc. or any mention,
contrary to Bidding Documents and its Amendment(s)/Clarification(s)/ Addenda / Errata (if any)
as mentioned at 1.0 above found anywhere in our Techno-Commercial Bid and/ or Price Bid,
implicit or explicit, shall stand unconditionally withdrawn, without any cost implication
whatsoever to Employer, failing which the Bid shall be rejected and Bid Security/ Earnest Money
Deposit shall be forfeited.
Date : (Signature).................................................
Place : (Printed Name) .......................................
(Designation).............................................
(Common Seal) ......................................
(Acceptance to be given On Line on the system under GTE)

ATTACHMENT – 7
PAGE 1 OF 1
NAME OF WORK :
...............................................................................................................................
......
BID DOCUMENT NO. ..........................................
(FORM OF ACCEPTANCE OF FRAUD PREVENTION POLICY)
Dear Sirs,
We have read the contents of the Fraud Prevention Policy of NTPC displayed on its tender website
http://www.ntpctender.com and undertake that we along with our
associate/collaborator/subcontractors/subvendors/consultants/service providers shall strictly abide by the
provisions of the said Fraud Prevention Policy of NTPC.

ATTACHMENT - 8
Page 1 of 1
NAME OF WORK : .....................................................................................................................................
BID DOCUMENT NO. ..........................................
(DECLARATION ON BANNING POLICY)
Dear Sirs
1) We have read the contents of the Banning Policy of NTPC attached with this Bidding Document and
agree to abide by this policy. Further, in terms of requirement under Banning Policy we hereby declare
the following:
a) We have not been Banned / Blacklisted as on date of submission of bid by Ministry of Power or
Government of India.
b) We have not employed any public servant dismissed / removed or person convicted for an
offence involving corruption or abetment of such offences
c) Our Director(s)/Owner(s)/Proprietor/Partner(s) have not been convicted by any court of law for
offences involving corrupt and fraudulent practices including moral turpitude in relation to
business dealings with Government of India or NTPC or NTPC’s group companies during the
last five years.
2) We further declare as under:
that if at any point subsequent to award of Contract, the declarations given above are found to be
incorrect, NTPC Limited shall have the full right to terminate the contract and take any action as per
applicable laws for breach of contract including forfeiture of Bid Security / Performance Bank
Guarantee.

ATTACHMENT – 9
PAGE 1 OF 1
NAME OF WORK :
...............................................................................................................................
......
BID DOCUMENT NO. ..........................................
(Form of Acceptance of NTPC Safety Rules)
Dear Sirs,
We have read the contents of the NTPC Safety Rules displayed on its tender website
http://www.ntpctender.com and undertake that we along with our associate/ collaborator/sub contractors/ sub-
vendors/ consultants/ service providers shall strictly abide by the provisions of the NTPC Safety Rules.

(Page 1/1)
(Declaration on Local Content) Attachment:10
Dear Sirs,
We have read the provisions of “Preference to Make In India and granting of purchase
preference to local suppliers” enclosed with the Price Bid. In terms of the requirement of the
aforesaid provisions, we hereby declare the following:
1.0 In order to avail purchase preference, we confirm that we are a Local Supplier, and the
local content included in the Items of the Subject Tender as per details given below.
2.0 In order to avail purchase preference, we confirm that we are a Local Supplier, and the
local content included in the package is ……% of our total bid price for complete scope of work
for ……..#...................................... as per details given below.
Sl. No. Description of Goods & Quantity/ Value of Local % of Details of the location(s) at
Of BOQ Goods & Total which the local value
Services Weight Services bid addition is made
Price
A certificate from the statutory auditor or cost auditor (in the case the bidder is a company) or
from a practicing cost accountant or practicing chartered accountant (in respect of bidders other
than companies) giving the percentage of local content has been placed at Annexure-1 to this
Attachment.
2.0 Further, we hereby confirm the following:

Whether the bidder is presently debarred / banned by any other procuring entity Yes* /
for violation of ‘Public Procurement (Preference to Make In India), Order 2017’
(PPP-MII Order) dated 15.06.2017 issued by Department of Industrial Policy No
and Promotion (DIPP)
* Strike off, whichever is not applicable

3.0 We agree to furnish any information as a proof of the above to your satisfaction as and
when required.
Note: 1) Continuation sheets of like size and format, may be used as per idder's
requirement and shall be annexed to this Attachment.
2) Certificate pertaining to percentage of local content from statutory auditor
or cost auditor/practicing chartered accountant or cost accountant is to be
furnished in cases where the total bid price is more than INR 10 Crore
Yours truly,
Date …………………. Signature...............................
Place …………………. Name.……………………………………….
Designation …………………….……….
Name of Bidder ………………………..
Seal…………………………………………….
(A subsidiary of NTPC Limited in joint venture with JBVNL)
BIDDING DOCUMENTS
FOR
NAME OF WORK : .....................................................................................................................................
BIDDING DOCUMENT NO. ..........................................
SECTION – VIII
(BOOK 2 OF 3)
This document is meant for the exclusive purpose of bidding against this Bidding Document / Specification
and shall not be transferred, reproduced or otherwise used for purposes other than that for which it is
specifically issued).
TABLE OF FORMS AND PROCEDURES

SECTION-VIII (BOOK 2 OF 3)
---------------------------------------------------------------------------------------------------------------------------
SL.NO. DESCRIPTION
---------------------------------------------------------------------------------------------------------------------------
1 BID FORM PRICE BID
2 ATTACHMENT – 1P FORM FOR DECLARATION OF IMPORT CONTENT
3 ATTACHMENT – 2P FORM FOR DECLARATION REGARDING CUSTOMS DUTY BENEFITS FOR

IMPORTS OF CONSTRUCTION EQUIPMENT
BID FORM (PRICE BID)
BID FORM
PAGE 1 OF 4
BID FORM (PRICE BID)
NAME OF WORK : .....................................................................................................................................
To,
Jharkhand-829119
Dear Sir,
1.0 Having examined the Bidding Documents No. ..................., including subsequent amendments and
clarifications if any, the receipt of which is hereby acknowledged and with reference to our Techno-
Commercial Bid ref. dated we the undersigned, submit our Price Bid ref. dated for the Works
under the above-named Contract Package, in full conformity with the said Bidding Documents for
the sum as mentioned in the BOQ.XLS File uploaded at NTPC e-tender site
(www.eprocurentpc.nic.in) or such other sums as may be determined in accordance with the terms
and conditions of the contract.
1.1 Further, we understand that discount letter and GST rates separately uploaded onlineor
submitted in physical form or indicated elsewhere, other than BOQ.XLS File (Price Bid), shall
not be considered for the purpose of evaluation and award.
2.0 ATTACHMENTS TO BID FORM
In line with the requirements of Bidding Documents we enclose herewith the following
Attachments to Bid Form:-
(a) Attachment 1P : The Declaration regarding the Custom Duty Benefits

on import of Goods.
All information required for issue of relevant Certificate by you for availing Customs
Duty benefits against import of equipment and materials for incorporation in the Works
under this Bid and facilitating the execution of Works under this Bid.
(b) Attachment 2P : The Declaration regarding the Custom Duty Benefits

on import of Construction Equipment.
All information required for issue of relevant Certificate by you for availing Customs
Duty benefits against import of construction equipment as per the extant Customs
Acts and Notifications of Govt. of India.
BID FORM
PAGE 2 OF 4
3.0 SCHEDULE OF QUANTITIES:
3.1 In line with the requirements of the Bidding Documents, we have uploaded BOQ.XLS File
(Price Bid), on NTPC e-tender website, duly filled-in in your format.
3.2 We are aware that the Schedule of Quantities does not generally give a full description of the work
to be performed under each item and we shall be deemed to have read the Technical Specifications,
Drawings and other Sections of the Bidding Documents to ascertain the full scope of work included
in each item while filling in the rates and amount/prices. We agree that the entered rates and
amount/prices shall be deemed to include the full scope as aforesaid, including overheads and profit.
3.3 We declare that the prices quoted by us are Firm and shall not be subject to price adjustment.
3.4 We understand that in the Schedule of Quantities, where there are differences between the rates
given by the contractor in words and figures or in the amount worked out by us in the Schedule of
Quantities and General Summary, the same shall be adjusted in accordance with the following rules:
(a) In the event of a discrepancy between description in words and figures in respect of item rates
quoted by a Bidder, the description in words shall prevail.
(b) In the event of an error occurring in the amount column of Schedule of Quantities as a result of
wrong extension of the quantity and the unit rate, the units shall be regarded as firm and
extension shall be amended on the basis of the unit rate.
(c) All errors in totaling in the amount column and in carrying forward totals shall be corrected.
(d) The discount (if any) mentioned in BOQ.XLS file shall be applied on such corrected price.The
bid sum so altered shall, for the purpose of bid, be substituted for the sum originally bid and
considered for evaluation and comparison of the bids and also for acceptance of the bid, instead
of the original sum quoted by the Bidder. If we do not accept such correction of errors, our bid
will be rejected and the bid security will be forfeited in accordance with ITB Sub-Clause 14.7
(b).
3.5 We declare that prices left blank in the Schedule of Quantities will be deemed to have been included
in the prices of other items. The total for each Schedule and the total of grand summary shall be
deemed to be the total price for executing the subject package in complete accordance with the
Contract, whether or not each individual item has been priced.Further, we confirm that we have
quoted the GST rate (in line with the provision of bidding documents), separately in BOQ.xls (Price
Bid).
BID FORM
PAGE 3 OF 4
We also confirm that in case applicable rate of GST is not quoted by us separately in BOQ.xls (Price Bid), the
quoted price shall be considered inclusive of GST for evaluation purpose and for the purpose of
Award, the basic price shall be worked out accordingly giving due consideration to actual GST rate,
prevailing as on seven (7) days prior to the deadline for submission of Techno-commercial Bids.We
further confirm that if the quoted GST rates is lower than the actual rate prevailing as on seven (7)
days prior to the deadline for submission of Techno-commercial Bids, the quoted prices including
quoted GST rate, shall be considered for evaluation purpose and for the purpose of Award, the basic
price shall be worked out accordingly giving due consideration to actual GST rate, prevailing as
onseven (7) days prior to the deadline for submission of Techno-commercial Bids, in case of
consideration of award.
4.0 We confirm that except as otherwise specifically provided, our Bid Prices include all taxes, duties,
levies and charges as may be assessed on us, our Sub-Contractor/Sub-Vendor and those imposed
on our equipment, materials, supplies and services to be used in the performance of the Contract or
furnished under the Contract.
5.0 COMPLIANCE TO THE PROVISIONS OF THE BIDDING DOCUMENTS
5.1 We have read all the provisions of the Bidding Documents and confirm that notwithstanding anything
stated elsewhere in our bid to the contrary, the provisions of the Bidding Documents are acceptable
to us and we further confirm that we have not taken any deviation to the provisions of the Bidding
Documents anywhere in our bid.
We have furnished our compliance to the provisions of the Bidding Documents and its subsequent
Amendment(s)/Clarification(s)/Addenda/Errata by accepting General Technical Evaluation(GTE)
condition at NTPC e-tender site:
“Do you certify compliance to all provisions of Bid Doc?”
Acceptance of above condition shall be considered as our confirmation that any deviation, variation
or additional condition etc or any mention, contrary to the provisions of Bidding Documents and its
subsequent Amendments(s)/ Clarification(s)/Addenda/Errata (if any) found anywhere in our Bid
Proposal, implicit or explicit, shall stand unconditionally withdrawn, without any cost implication
whatsoever to the Employer, failing which our bid security shall be forfeited.
5.2 We further declare that additional conditions, variations, deviations to the provisions of bidding
documents and its subsequent Amendment(s)/Clarification(s)/Addenda/ Errata, if any, found in our
Techno-Commercial proposal and/or Price Proposal, shall not be given effect to.
6.0 We hereby agree that we shall furnish all necessary justification to establish the reasonableness of
the rates/prices, if required by you.
7.0 We undertake, if our bid is accepted, to commence work under the subject package immediately
upon Letter of award and to complete it within the time specified in the Bidding Documents.
8.0 If our bid is accepted, we undertake to provide Advance Payment Security, Contract Performance
Securities and securities for Deed(s) of Joint Undertaking (as applicable) in the form and amounts
and within the times specified in the Bidding Documents.
BID FORM
PAGE 4 OF 4
9.0 We agree to abide by this bid (both Techno-Commercial bid & Price bid) for a period of four (4)
months from the date of opening of Techno-commercial bids as stipulated in the Bidding Documents,
unless extended by us on your request, and it shall remain binding upon us and may be accepted by
you at any time before the expiration of that period.
10.0 Until a formal Contract is prepared and executed between us, this bid, together with your written
acceptance thereof in the form of your Letter of Award shall constitute a binding contract between
us.
11.0 We understand that you are not bound to accept the lowest or any other bid you may receive. Further
we understand that Employer 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 situation.
12.0 We, hereby, declare that only the persons or firms interested in this proposal as principals are named
here and that no other persons or firms other than those mentioned herein have any interest in this
proposal or in the Contract to be entered into, if the award is made on us, and that this proposal is
made without any connection with any other person, firm or party likewise submitting a proposal, is
in all respects for and in good faith, without collusion or fraud.
Dated this day of 20
Thanking you, we remain,
Yours faithfully,

Place : Designation
Business Address :
Fax No. :
Phone No. :
Note :
1. Bidder to submit above Bid Form (Price Proposal) alongwith the Attachments (As Applicable).
ATTACHMENT – 1P
PAGE 1 OF 1
………… PACKAGE
FOR
…………….. ……….POWER PROJECT,
BID DOCUMENT NO. ………………
Declaration of Import Content
Dear Sirs,
1.) We confirm the details of the Import Content included in our bid prices are as follows which essentially
qualify as Goods under Chapter 98.01 of Custom Tariff Act and required for incorporation in the work
under the Contract.
2.) These details are furnished for the purpose of issuance of the Certificate as referred at ITB Cl. 33.0
3.) We further confirm that we are solely responsible for obtaining the customs duty benefits for import of Goods
which we have considered in our bid and in case of failure to receive such benefits; Owner will not
compensate us in any manner whatsoever.
Sl. No. Description of Item Value in Rs (CIF)

(included in our bid price)
1
2
3
Note: Continuation sheets of like size and format may be used as per Bidder's requirement
and shall be annexed to this Attachment
ATTACHMENT – 2P
PAGE 1 OF 2
………… PACKAGE
FOR
…………….. …………POWER PROJECT,
BID DOCUMENT NO. ………………
(DECLARATION REGARDING CUSTOMS DUTY BENEFITS FOR IMPORT OF CONSTRUCTION

EQUIPMENT UNDER CHAPTER 98.01 OF CUSTOMS TARIFF ACT)
Dear Sir,
1 We confirm that we are solely responsible for obtaining the customs duty benefits for import of
construction equipment which we have considered in our bid and in case of failure to receive such
benefits; Employer will not compensate us in any manner whatsoever.
2 We further confirm that we will not claim for adjustment in Contract Price on account of
variation in or withdrawal of Customs Duty Benefits for Import of Construction Equipment.
3 We are furnishing below the information required by the Owner for issue of relevant Certificates in terms
of the Customs Act & Notifications of the Govt. of India.
(A) *CIF Value of the construction Equipment to be imported by the Bidder including sub-
contractor(s) of the Bidder in bid currency.
We further confirm that aforesaid CIF value has not been included in Attachment 11 (i.e. regarding
Declaration of Import Content as per provision specified in ITB Cl. 34.0).
(B) Description and quantities of the Construction Equipment to be imported by the

Bidder/Subcontractors(s).
Sl. Description of Construction Equipment Quantity

No.
Bidder
1
2
Sub-Contractor(s)
1
2
ATTACHMENT – 2P
PAGE 2 OF 2
We confirm that the construction equipment being imported as above shall be deployed at the Project
Site for the purpose of execution of package as per bidding document.
Note: Continuation sheets of like size and format may be used as per Bidder's requirement and shall
be annexed to this Attachment.
(A subsidiary of NTPC Limited in joint venture with JBVNL)
BIDDING DOCUMENTS
FOR
NAME OF WORK : .....................................................................................................................................

.
SECTION – VIII
(BOOK 3 OF 3)
(This document is meant for the exclusive purpose of bidding against this Bid Document No./ Specification
and shall not be transferred, reproduced or otherwise used for purposes other than that for which it is
specifically issued).
TABLE OF FORMS AND PROCEDURES,
(SECTION-VIII, BOOK 3 OF 3)
---------------------------------------------------------------------------------------------------------------------------
Sl.No. Description
---------------------------------------------------------------------------------------------------------------------------
1. Proforma for Bank Guarantee for Bid Security
2. Bank Guarantee verification checklist
3. Form of Bank Guarantee for Contract Performance Guarantee
4. Proforma for extension of Bank Guarantee
5. Proforma of Bank Guarantee for Lumpsum Advance
6. Proforma of Bank Guarantee to be furnished by Associate(s) -
7. List of banks from which Bank Guarantees for Advance/ Security Deposit and Bank
Guarantee to be furnished by Bidder/ Contractor can be accepted
8. Form of Bank Guarantee for removal of Plant and Equipment from the Site
9. Form of Hypothecation Deed
10. Proforma of “Contract Agreement”
11. Proforma of “Indemnity Bond” for “Employer Issue Materials”
12. Letter of Undertaking to be given by Contractor while furnishing the Indemnity Bond” to
Employer for “Employer Issue Materials”
13. Proforma of Letter of Confirmation by The proposed Sub-Contractor
14. Proforma for Material Accounting & Reconciliation
15. Form of Indemnity Bond to be executed by the Contractor for the safe custody
ofequipments brought to site by the contractor
16. Form of Indemnity Bond to be executed by the contractor for Removal/ Disposal of surplus
material
1. PROFORMA FOR BANK GUARANTEE
FOR BID SECURITY
FORM - 1
Page 1 of 2
1. PROFORMA FOR BANK GUARANTEE FOR BID SECURITY

(On Non-Judicial stamp paper of appropriate value )
Bank Guarantee No. :

Date :
To,
Jharkhand-829119
.
Dear Sir,
In accordance with Invitation for Bids under your Bid Document No ............................................... M/s
.............................(***)......................... having its Registered/Head Office at
..................................................................... (hereinafter called the “Bidder”) wish to participate in the said bid
for [Name of Package]...........................................................
As an irrevocable Bank Guarantee 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
mentioned in the Bidding Documents.
We, the .....................................[Name & address of the Bank]……………………… having our Head Office
at………………..(#)…………………..guarantee and undertake to pay immediately on demand by
……………..[Name of the Employer](hereinafter called the ‘Employer’)……………. the amount of
....................(*) ....................without any reservation, protest, demand and recourse. Any such demand made
by the ‘Employer’ shall be conclusive and binding on us irrespective of any dispute or difference raised by
the Bidder.
This guarantee shall be irrevocable and shall remain valid upto..............(@) ................ If any further extension
of this guarantee 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 guarantee is issued.
FORM - 1
Page 2 of 2
In witness whereof the Bank, through its authorized officer, has set its hand and stamp on this
................................day of ............................ 20............... at ................... .
…………………………………………….
(Signature)
…………………………………………….
(Name)
…………………………………………….
(Designation with Bank Stamp)
Authorized vide
Power of Attorney No............................

Date.......................................................
Note :
1. (*) The amount shall be as specified in the bidding documents

(**) This shall be the date of opening of Techno-Commercial bids
(#) Complete mailing address of the Head Office of the Bank to be given
(@) This date shall be forty five (45) days beyond the validity of bid.
(***) Write the name and addresses of all the Joint Venture partners, in case the Bid is submitted
by a Joint Venture in terms of Qualifying Requirements.
2. The Bank Guarantee (BG) shall be from a Bank as per provisions of the Bidding Documents.
3. The BG should be on Non-Judicial Stamp paper/ e-stamp paper of appropriate value as per Stamp Act
prevailing in the State(s) where the BG is submitted or is to be acted upon or the rate prevailing in the
State where the BG is executed, whichever is higher. The Stamp Paper/ e-Stamp Paper shall be
purchased in the name of Bidder/ Bank issuing the guarantee.
4. While getting the Bank Guarantee issued, Bidders are required to ensure compliance to the points
mentioned in Bank Guarantee Verification Check List in the Bidding Documents. Bidders are required
to fill up this Check List and enclose the same along with the Bank Guarantee.
5. The details of secure SFMS (in case of BGs issued from within India) or SWIFT (in case of BGs issued
from outside India) sent by Bidder’s Bank to Employer’s Beneficiary Bank details of which are given in
ITB must be furnished with the BG.
2. BANK GUARANTEE
VERIFICATION CHECKLIST
FORM - 2
Page 1 of 1
2. BANK GUARANTEE VERIFICATION CHECKLIST
Sl. No. Details of Checks Yes/ No
1 Is the BG on Non-judicial stamp paper/ e-stamp paper of

appropriate value, as per Stamp Act ?
2 Whether date, purpose of purchase of stamp paper and name of the

purchaser are indicated on the stamp paper?
(The date of purchase of stamp paper should be of any date on or
before the date of execution of BG and the stamp paper should be
purchased either in the name of the executing Bank or the Bidder on
whose behalf the BG has been issued. The stamp paper (other than
e-stamp paper) should be duly signed by the stamp vendor).
3 In case of BGs from Banks abroad, has the BG been executed on

Letter Head of the Bank?
4 Has the executing officer of BG indicated his name, designation and

Power of Attorney No./ Signing Power No. etc. on the BG?
5 Is each page of BG duly signed/ initialed by executant and whether

stamp of Bank is affixed thereon? Whether the last page is signed
with full particulars under seal of Bank as required in the prescribed
proforma?
6 Does the Bank Guarantee compare verbatim with the Proforma

prescribed in the Bid Documents?
7 Are the factual details such as Bidding Documents No./ Specification

No., Amount of BG, validity of BG correctly mentioned in the BG?
8 Whether overwriting/ cutting, if any on the BG have been properly

authenticated under signature & seal of executant?
9 Whether BG has been issued by a Bank in line with the provisions of

Bidding Documents?
10 In case BG has been issued by a Bank other than those specified in

Bidding Document, is the BG confirmed by a Bank in India acceptable
as per Bidding Document?
Place : Designation
3. FORM OF BANK GUARANTEE FOR CONTRACT
PERFORMANCE GUARANTEE
FORM - 3
Page 1 of 2
3. PERFORMANCE BANK GUARANTEE
To,
Jharkhand-829119
.
WHEREAS (name and address of Contractor) (hereinafter called “the Contractor”) has
undertaken, in pursuance of Contract No. dated awarded by PVUN
Limited(hereinafter called as “the Employer”) to execute (name of the Contract and brief
description of Works) (hereinafter called “the Employer”.
AND WHEREAS it had been stipulated in the said Contract that the Contractor shall furnish the Employer with
a Bank Guarantee by a recognised bank for Rs. (Rupees ) in lieu of the
deduction to be made by the contractor or in lieu of the security deposit to be made by the Contractor in lieu of
the deduction to be made from the Contractor’s bills for the due fulfilment by the said Contractor of the terms
and conditions contained in the said Contract.
We, (indicate the name& address of the Bank) do hereby

undertake to pay the amounts payable under this guarantee without any demur, reservation, contest or
recourse, merely on a demand from the Employer stating that the amount claimed is by reason of breach by
the said Contractor of any of the terms or conditions contained in the Agreement or by reason of the contractor’s
failure to perform the said agreement, any such demand made on the Bank shall be conclusive as regards the
amount due and payable by the Bank under this guarantee. However, our liability under this Guarantee shall
be restricted to an amount not exceeding Rs. and the Employer need not prove or to show grounds
or reasons for its demand.
We undertake to pay to the Employer any money so demanded not withstanding and dispute or disputes raised
by the Contractor/Supplier in any suit or proceeding pending before any court or Tribunal relating thereto our
liability under this present being absolute and unequivocal. The payments so made by us under this Bond shall
be a valid discharge of our liability for payment there under and the contractor/supplier shall have no claim
against us for making such payment.
We, (indicate name& address of the Bank) further agree that

the guarantee herein contained shall remain in full force and effect during the period that will be taken for the
performance of the said Agreement and that it shall continue to be enforceable till all the dues of the Employer
under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till the
Employer certifies that the terms and conditions of the said Agreement have been fully and properly carried
out by the said contractor and accordingly discharges its guarantee.
FORM - 3
Page 2 of 2
Unless a demand or claim under this guarantee is made on us in writing on or before the (the
date shall be not earlier than 90 days beyond the completion of the defects liability period of the contract), we
shall be discharged from all liability under this guarantee thereafter unless the validity of the guarantee is
extended.
We, (indicate name of the Bank) further agree with the

Employer that the Employer shall have the fullest liberty without our consent and without effecting in any
manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend
time of performance by the said contractor from time to time or to postpone for any time or from time to time
any of the powers exercisable by the Employer against the said contractor and to forbear or enforce any of the
terms and conditions relating to the said Agreement and we shall not be relieved from our liability by reason of
any such variation, or extension being granted to the said Contractor or for any forbearance, act or omission
on the part of the Employer or any indulgence by the Employer to the said Contractor or by any such matter or
thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving
us.
This guarantee will not be discharged due to change in the constitution of the Bank or the contractor/supplier.
We, (indicate name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the Employer in writing.
Dated this day of (month) (Year)
Yours faithfully
Witness: (Signature)........................................
....................................................... (Name)...............................................
(Signature)
(Designation with ............................
...................................................... Bank Seal)
(Name)
Power of Attorney No.......................
.....................................................
(Official Address) Date..................................................
Stamp ............................................
1. The Bank Guarantee shall be from a Bank as per provisions of the bidding documents. [Please refer Form No. 7
to Section VIII (Part 3 of 3).
2. The BG should be on Non-Judicial Stamp paper/ e-stamp paper of appropriate value as per Stamp Act prevailing
in the State(s) where the BG is submitted or is to be acted upon or the rate prevailing in the State where the BG
is executed, whichever is higher. The Stamp Paper/ e-Stamp Paper shall be purchased in the name of Bidder/
Bank issuing the guarantee.
3. While getting the Bank Guarantee issued, Bidders are required to ensure compliance to the points mentioned in
Bank Guarantee Verification Check List in the bidding documents Bidders are required to fill up this Check List
and enclose the same along with the Bank Guarantee. The details of secure SFMS (in case of BGs issued
from within India) or SWIFT (in case of BGs issued from outside India) sent by Bidder’s Bank to
Employer’s Beneficiary Bank details of which are given in ITB must be furnished with the BG.
4. PROFORMA FOR EXTENSION OF BANK
GUARANTEE
FORM - 4
Page 1 of 1
4. PROFORMA FOR EXTENSION OF BANK GUARANTEE
Ref. No. : Dated : .........................
To,
Jharkhand-829119
.
Dear Sirs,
Sub. : Extension of Bank Guarantee No. .................. Dated ................... for ………[indicate value of
Bank Guarantee].............. favouring yourselves, expiring on.................. on account of M/s
..........(Name of Bidder)........... in respect of Contract for (Insert Package
Name)........................... for (Insert Project Name)............................... Project, Contract No.
................................ dated ...........................(hereinafter called original Bank Guarantee)
At the request of M/s ..................................., we ................................ Bank branch office at

..................................... and having its head office at .............................. do hereby extend our liability under
the above mentioned Guarantee No. ................. dated.............. for a further period of .....................
years/months from ................................. to expire on ........................
Except as provided above, all other terms and conditions of the original Bank Guarantee No. ........................
dated .................................... shall remain unaltered and binding.
Please treat this as an integral part of the original guarantee to which it would be deemed to have been
attached.
(Signature)........................................
(Name)..............................................
Bank Stampl)
Authorised vide
Dated …………… Date..................................................
Seal of Bank
Note: 1. The extension of the Bank Guarantee should be forwarded to the Unit/ Project/ Corporate Centre,
from where the extension has been sought.
2. The extension of BG should be on Non-Judicial Stamp paper/ e-stamp paper of appropriate value as per Stamp
Act prevailing in the State(s) where the BG is submitted or is to be acted upon or the rate prevailing in the
State where the BG is executed, whichever is higher. The Stamp Paper/ e-Stamp Paper shall be purchased
in the name of Bidder/ Bank issuing the guarantee.
5. PROFORMA OF BANK GUARANTEE FOR LUMPSUM
ADVANCE
FORM - 5
Page 1 of 4
5. PROFORMA OF BANK GUARANTEE FOR LUMPSUM ADVANCE
To,
To,
Jharkhand-829119
.
In consideration of the PVUN Limited, having its registered office at NTPC

Bhawan, SCOPE Complex, 7, Institutional Area, Lodi Road, New Delhi-110 033 (hereinafter called “the
Employer” which expression shall unless repugnant to the subject or context include its successors and
assigns) having agreed under the terms and conditions of the Award Letter No. dated
issued by the Employer which have been unequivocally accepted by *
in connection with the work of “ _”
Specification No. CC (hereinafter called “the said Contract”) to make at the request of the
Contractor a lumpsum advance of Rs. /- (Rupees
only) for utilizing it for the purpose of the Contract on his furnishing a guarantee
acceptable to the Employer.
We, Bank incorporated

under and having one of our branches at (hereinafter
referred to as “the said Bank”) do hereby guarantee the due recovery by the Employer of this said advance
with interest thereon as provided according to the terms and conditions of the Contract. If the said Contractor
fails to utilize the said advance for the purpose of the Contract and/or the said advance together with Interest
thereon as aforesaid is not fully recovered by the Employer, We, Bank hereby
unconditionally and irrevocably undertake to pay to the Employer on demand and without demur to the extent
of the said sum of Rs. /- (Rupees only), any
claim made by the Employer on us for the loss or damage caused to or suffered by the Employer by reason of
the Employer not being able to recover in full the said sum of Rs. /- (Rupees
only) with interest as aforesaid.
2. We, Bank further agree that the Employer shall be the sole judge
of and as to whether the said Contractor has not utilized the said advance or any part thereof for the
purpose of the Contract and the extent of loss or damage caused to or suffered by the Employer on
account of the said advance together with interest not being recovered in full and the decision of the
Employer that the said Contractor has not utilized the said advance or any part thereof for the purpose
of the Contract and as to the amount or amounts of loss or damage caused to or suffered by the
Employer shall be final and binding on us.
FORM - 5
Page 2 of 4
3. We, the said Bank, further agree that the Guarantee herein contained shall remain in full force and
effect during the period that would be taken for the performance of the said Contract and till the said
advance with interest has been fully recovered and its claims satisfied or discharged and till Employer
certifies that the said advance with interest has been fully recovered from the said Contractor, and
accordingly shall have no claim under this Guarantee after 30 (thirty) days from the date of satisfactory
completion of the said Contract (as per the mutually agreed Work schedule) i.e. upto and inclusive of
(date) unless a notice of the claim under this Guarantee has been served on the Bank before the expiry
of the said period i.e. (date) in which case the same shall be enforceable against the Bank
notwithstanding the fact, that the same is enforced after the expiry of the said period.
4. The Employer shall have the fullest liberty without effecting any way the liability of the Bank under this
Guarantee or Indemnity, from time to time, to vary any of the terms and conditions of the said Contract
or the advance or to extend time of performance by the said Contractor or to postpone for any time and
from time to time any of the powers exercise able by it against the said Contractor and either to enforce
on forbear from enforcing any of the terms and conditions governing the said Contract or the advance
available to the Employer and the said Bank shall not be released from its liability under these presents
by any exercise by the Employer of the liberty with reference to the matters aforesaid or by reasons of
time being given to the said Contractor or any other forbearance, act or omission on the part of the
Employer or any indulgence by the Employer to the said Contractor or of any other matter or thing
whatsoever which under the law relating to sureties would, but for this provision, have the effect of so
releasing the Bank from its such liability.
5. It shall not be necessary for the Employer to proceed against the Contractor before proceeding against
the Bank and the Guarantee herein contained shall be enforceable against the Bank notwithstanding
any security, which the Employer may have obtained or obtain from the Contractor shall at the time
when proceedings are taken against the Bank hereunder, be outstanding or unrealised.
6. We, the said Bank, lastly undertake not to revoke this Guarantee during its currency except with the
previous consent of the Employer in writing and agree that any change in the Constitution of the said
Contractor or the said Bank shall not discharge our liability hereunder.
If any further extension of this Guarantee is required the same shall be extended to such required
periods on receiving instructions from M/s.
, on whose behalf this Guarantee is issued.
FORM - 5
Page 3 of 4
Notwithstanding anything contained herein before our liability under this Guarantee is restricted to Rs.
/- (Rupees only) together with interest. Our
undertaking shall commence from the date of execution and shall remain in force upto
Dated this day of 20
In presence of For and on behalf of (the Bank)
....................................................... (Name)...............................................
(Signature)
...................................................... Bank Seal)
(Name)
.....................................................
Stamp ............................................
The above guarantee is accepted by the Employer.
For an On behalf of PVUN Limited

( Super Thermal Power Project)
NOTES :
*For Proprietory Concerns
Shri son of resident of
carrying on business under the

name and style of at (hereinafter called “the said
Contractor” which expression shall unless the context requires otherwise include his heirs, executors,
administrators and legal representatives).
* For Partnership Concerns
*M/s. partnership a
firm with its office
(hereinafter called “the said Contractor”
which expression shall unless the context requires otherwise include their heirs, executors, administrators and
legal representatives); the names of their partners being (i) Shri S/o
(ii) Shri S/o
etc.
FORM - 5
Page 4 of 4
* For Companies
*M/s a company under the Companies Act, 1956 and having

its registered office in the State of (hereinafter called “the
said Contractor” which expression shall unless the context requires otherwise include its administrators,
successors and assigns.)
1 (*) Write the name and addresses of all the Joint Venture partners, in case the bid is submitted by a Joint
Venture in terms of Qualifying Requirements.
2. The Bank Guarantee shall be from a Bank as per provisions of the bidding documents.
3. The Stamp paper of appropriate value shall be purchased in the name of guarantee issuing Bank/Bidder.
and enclose the same along with the Bank Guarantee.
6. PROFORMA FOR BANK GUARANTEE
TO BE FURNISHED BY ASSOCIATE(S)
-NOT APPLICABLE-
7. LIST OF BANKS FROM WHICH BANK GUARANTEES FOR
ADVANCE/ SECURITY DEPOSIT TO BE FURNISHED BY
BIDDER/CONTRACTOR
FORM - 7
PAGE 1 OF 3
7. BANKS FROM WHICH BANK GUARANTEES FOR
ADVANCE / SECURITY DEPOSIT TO BE FURNISHED BY
BIDDER/CONTRACTOR CAN BE ACCEPTED
SCHEDULED COMMERCIAL BANKS
A STATE BANK OF INDIA

B NATIONALISED BANKS
1. Allahabad Bank
2. Andhra Bank
3. Bank of India
4. Bank of Maharashtra
5. Canara Bank
6. Central Bank of India
7. Corporation Bank
8. Dena Bank
9. Indian Bank
10. Indian Overseas Bank
11. Oriental Bank of Commerce
12. Punjab National Bank
13. Punjab & Sind Bank
14. Syndicate Bank
15. Union Bank of India
16. United Bank of India
17. UCO Bank
18. Vijaya Bank
19. Bank of Baroda
C SCHEDULED PRIVATE BANKS (INDIAN BANKS)
1. Catholic Syrian Bank
2. City Union Bank
3. Dhanlaxmi Bank Ltd.
4. Federal Bank Ltd
5. Jammu & Kashmir Bank Ltd
6. Karnataka Bank Ltd
7. KarurVysya Bank Ltd
8. Lakshmi Vilas Bank Ltd
FORM - 7
PAGE 2 OF 3
9. Nainital Bank Ltd
10. Kotak Mahindra Bank
11. RBL Bank Limited
12. South Indian Bank Ltd
13. Tamilnad Mercantile Bank Ltd
14. ING Vysya Bank Ltd
15. Axis Bank Ltd.
16. IndusInd Bank Ltd
17. ICICI Bank
18. HDFC Bank Ltd.
19. DCB Bank Ltd
20. Yes Bank Ltd
21. IDFC Bank Limited
22. Bandhan Bank Limited
D SCHEDULED PRIVATE BANKS (FOREIGN BANKS)
1. Abu Dhabi Commercial Bank PJSC
2. Bank of America NA
3. Bank of Bahrain & Kuwait B.S.C.
4. Mashreq Bank p.s.c.
5. Bank of Nova Scotia
6. CréditAgricole Corporate and Investment Bank
7. BNP Paribas
8. Barclays Bank
9. Citi Bank N.A.
10. Deutsche Bank A.G.
11. The HongKongShangai Banking Corporation Ltd
12. SocieteGenerale
13. Sonali Bank Ltd.
14. Standard Chartered Bank
15. J.P. Morgan Chase Bank, National Association
16. State Bank of Mauritius Ltd.
17. DBS Bank Ltd.
18. Bank of Ceylon
19. PT Bank Maybank Indonesia TBK
FORM - 7
PAGE 3 OF 3
20. A B Bank
21. Shinhan Bank.
22. CTBC Bank Co. Ltd.
23. Mizuho Bank Ltd
24. Krung Thai Bank Public Company Ltd.
25. The Bank of Tokyo-Mitsubishi UFJ Limited.
26. Australia & NewZealand Banking Group Limited
27. Sumitomo Mitsui Banking Corporation
28. American Express Banking Corporation
29. Credit Suisse A.G.
30. FirstRand Bank Ltd.
31. Industrial & Commercial Bank of China Ltd.
32. JSC VTB Bank
33. National Australia Bank
34. CooperatieveRabobank U.A.
35. Sberbank
36. United Overseas Bank Ltd.
37. Westpac Banking Corporation
38. Woori Bank
39. The Royal Bank of Scotland plc
40. Doha Bank Qsc
41. Industrial Bank of Korea
42. KEB Hana Bank
43. First Abu Dhabi bank PJSC
44. Emirates NBD Bank (P.J.S.C)
45. Qatar National Bank SAQ
E OTHER PUBLIC SECTOR BANKS
1. IDBI Bank Ltd
*Note - Any Addition/ Deletion/ Modification in Bank list shall be as per changes in Second
Schedule List by RBI from time to time.
*In case, Bank Guarantee is getting issued from State Bank of India, Bidder to take note of NTPC letter ref.
NTPC/FC/CS/BG/01 dated 03.09.2014 and SBI letter ref. CAG-I/AMT-1/2014-15/370 dated 04.09.2014
attached herewith.
8. FORM OF BANK GUARANTEE FOR REMOVAL OF

PLANT AND EQUIPMENT FROM THE SITE
FORM - 8
PAGE 1 OF 3
8. FORM OF BANK GUARANTEE FOR REMOVAL OF PLANT AND

EQUIPMENT FROM THE SITE
To,
Jharkhand-829119
In consideration of the N.T.P.C. Ltd., (...........................................T.P.P.) (hereinafter called “the Employer”

which expression shall unless repugnant to the subject or context include its successors and assigns) having
agreed under the terms and conditions of Contract. No.............. dated........................made between
................*......................... and the Employer in connection with
........................................................(hereinafter called “the said Contract”) to permit the Contractor to remove
the plant and equipment mentioned in the Schedule hereto hypothecated to the Employer as security against
a loan of Rs........................ with interest as provided in the Contract granted to the Contractor by the Employer
from the site to any other works of the Contractor on his furnishing an acceptable Bank guarantee, we
the.................................. Bank. (hereinafter referred to as “the said Bank”) and having our registered
office at ............................................do hereby undertake and that upon the Contractor failing to bring back to
the site the said plant and equipment or any part thereof and to unconditionally pay the amount claimed by the
Employer on demand and without demur to the extent of Rs …………
(Rupees… ............................................... only)( to be specified by the Employer at the appropriate time).
We .............................. Bank further agree that the Owner shall be the sole judge of and as to whether the said
contractor has failed to bring the said plant and equipment or any part thereof back to the site and the extent
of loss, damage, costs, charges and expenses caused to or suffered by or that may be caused to or suffered
by the Owner on account thereof and the decision of the Owner that the said Contractor has so failed and as
to the amounts of loss, damage, costs charges and expenses caused to or suffered by or that may be caused
to or suffered by the Owner from time to time shall be final and binding on us.
We, the said bank further agree that the Guarantee herein contained shall remain in full force and effect till the
Employer certifies that the said plant and equipment have been brought back to the site or the said loan of Rs.
........................................... with interest has been repaid to the Employer in full, and accordingly discharges
this Guarantee or till …………….. (to be specified by the Employer prior to the issue of this guarantee),
whichever is later.
It shall not be necessary for the Employer to proceed against the Contractor before making a demand on the
Bank and the guarantee herein contained shall be enforceable against the Bank, notwithstanding any security
which the Employer may have obtained from the Contractor and in force at the time of making such demand
on the Bank.
We, the said Bank lastly undertake not to revoke this Guarantee during its currency except with the previous
consent of the Employer, in writing and agree that any change in the Constitution of the said Contractor or the
said Bank shall not discharge our liability hereunder.
FORM - 8
PAGE 2 OF 3
Dated this .........................................day of ..................................20....................
For and on behalf of the Bank....................

Common Seal of the Bank .........................
Signature.......................................................
Name............................................................
In presence of Designation....................................................
Authorisation No. ........................................

Witness :
1. ...............................................
2. ...............................................
The above Guarantee is accepted by

(PVUN Limited)
( .......................... Thermal Power Project)
For and on behalf of the

(PVUN Limited)
( ............................... Thermal Power Project)
Date .................................................
(Name and Designation)
Note :
* For Proprietary Concerns
Shri............................................................son of .......................................resident of .................. carrying on

business under the name and style of ........................................ at......................... (hereinafter called. “the said
Contractor” which expression shall unless the context requires otherwise include his heirs, executors
M/s............................................................a partnership firm with its office at................................. (hereinafter

called “the said Contractor” which expression shall unless the context requires otherwise include their
respective heirs executors, administrators and legal representatives); the name of partners being (i)
Shri........................................................... S/o .....................................……………………
(ii) Shri.......................................................... S/o .......................................................... etc.
FORM - 8
PAGE 3 OF 3
* For Companies
M/s ....................................................... a company registered under the Companies Act, 1956 and having its
registered office at.......................................................in the State of ................. (hereinafter called “the said
Contractor” which expression shall unless the context requires
otherwise include its administrators, successors and assigns).
1. Bidder to fill up the check list as per the proforma enclosed for submitting the Bank Guarantees.
0
2 BG shall be on non judicial stamp paper of appropriate value as per stamp Act prevailing in the state(s) where
the BG is submitted or is to be acted upon or the rate prevailing in the state where the BG is executed, whichever
is higher.
....................................................... (Name)...............................................
(Signature)
...................................................... Bank Seal)
(Name)
.....................................................
Stamp ............................................
1 (*) Write the name and addresses of all the Joint Venture partners, in case the bid is submitted by a Joint Venture
in terms of Qualifying Requirements.
2. The Bank Guarantee shall be from a Bank as per provisions of the bidding documents.
3. The Stamp paper of appropriate value shall be purchased in the name of guarantee issuing Bank/Bidder.
and enclose the same along with the Bank Guarantee.
9. FORM OF HYPOTHECATION DEED
FORM - 9
PAGE 1 OF 4
9. FORM OF HYPOTHECATION DEED

(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)
To,
Jharkhand-829119
.
Dear Sir,
In consideration of ...........[Employer’s Name].......... (hereinafter referred to as the ‘Employer’, which

expression shall, unless repugnant to the context or meaning thereof include its successors, administrators
and assigns) having awarded to M/s........[Contractor’s Name]*......... with its Registered/Head Office at
............................... (hereinafter referred to as the ‘Contractor’ which expression shall unless repugnant to the
context or meaning thereof, include its successors, administrators, executors and assigns), a Contract, by
issue of Employer’s Letter of Award No. ........................... dated ................ and the same having been
unequivocally accepted by the Contractor, resulting into a Contract bearing No. ................................
dated............................... valued at ....................................................................................................... for
............................[Name of Contract] ...........................(hereinafter called the .Contract.) and the Employer
having agreed to make an interest bearing advance (said ‘Advance’) of Rs.
(Rupees only) to the Contractor for plant and equipment described in the
Schedule hereto specifically acquired by the Contractor for the Works and brought to Site against hypothecation
of the said plant and equipment in the name of the Employer.
The Contractor hereby declares that he has paid in full the purchase price of each and every one of the Plant
& Equipment described in the Schedule hereto and that the same are the absolute property of the Contractor
and that the same have not been sold, pledged, mortgaged or transferred by him and the same is free from
encumbrances.
The Contractor hereby hypothecates, assigns and transfers to the Employer, the plant and equipment
described in the Schedule hereto in favour of the Employer as security for the due repayment of the said
advance with interest thereof.
The Contractor hereby agrees that he shall repay to the Employer the said advance of Rs.
(Rupees only) together with interest thereon as aforesaid
and agrees that the said advance be recovered by the Employer by making deductions in the manner provided
in Clause …. of the General Conditions of Contract and other conditions of the Award letter from the claims
made by the Contractor against the Employer for on account payment.’
FORM - 9
PAGE 2 OF 4
The Contractor further agrees that so long as any amount remains payable to the Employer by the Contractor
in respect of the said advance of Rs. only, he shall not sell, pledge,
hypothecate, transfer, part with the Plant and Equipment described in the Schedule hereto.
The Contractor also agrees that if the said advance of Rs. shall not be repaid by the
Contractor or recovered in the manner described above by the said day of
due to any reason whatsoever or the said Contract has been determined earlier or
cancelled or if the Contractor shall sell, pledge, mortgage, transfer, part with and equipment or any part thereof
or the Contractor or any of the partners is adjudged insolvent or the Contractor is to be wound up or makes
any composition or arrangement with its creditors or the Contractor shall commit breach of any of the terms
and conditions or covenants as herein contained or if any of the said plant and equipment or if any other
property what-so-ever belonging to the Contractor has been sold or attached for a period of not less than
twenty-one (21) days in execution of the decree of any court for payment of money, the whole of the
said advance of Rs. or such part thereof as may have remained unpaid or unrecovered
together with interest thereon shall forthwith become due and payable. The Contractor also agrees that the
Employer may on the happening of any of the aforesaid events or in the event of the said advance or any part
thereof becoming due and payable and has not been paid or recovered or cannot be recovered as provided in
the said conditions, seize and take possession of the said plant and equipment (and either remain in
possession thereof without removing the same or else may remove and same) and sell the said plant and
equipment or any of them either by public auction or private contract and may out of the sale proceeds retain
the balance of the said advance and interest thereon remaining unpaid and unrecovered and all costs, charges
and expenses and payments incurred or made in maintaining, defending or protecting the rights of the
Employer hereunder and shall pay over the surplus, if any, to the Contractor.
The Contractor also agrees that he shall at all times during the continuance of the security and at the expense
of the Contractor insure and keep insured the plant and equipment described in the Schedule hereto for the
full value thereof in the joint names of the Contractor and the Employer with an insurance company to be
approved by the Engineer-in-Charge against the risk of loss or damage from whatever cause arising other than
the Excepted Risks. During the continuance of the security, the Contractor shall pay all premia and sums of
money necessary for keeping such insurance on foot and the insurance policy and receipts in original for
premia paid shall be deposited with the Engineer-in-Charge and the Contractor shall assign all his rights, title
and interest in the policy to the Employer.
The Contractor also agrees that he shall not permit or suffer the said plant and equipment or any part thereof
to be destroyed or damaged or used or to be used or to deteriorate in a greater degree than it would deteriorate
by reasonable wear and tear thereof in the performance of the Contract.
In the event of any damage or loss happening to the said plant and equipment or any part thereof from whatever
cause other than the Excepted Risks, the Contractor agrees that he shall forthwith have the same repaired or
replaced as the case may be or arrange for payment of the entire amount recovered or to be recovered from
the insurance company to the Employer towards the payment of the said advance of Rs.
FORM - 9
PAGE 3 OF 4
Upon repayment or recovery in full of the amount secured on account of this hypothecation deed the said plant
and equipment secured hereunder shall stand released from hypothecation but this is without prejudice to the
right of the Employer under any other conditions of the Contract.
SCHEDULE ABOVE REFERRED TO

---------------------------------------------------------------------------------------------------------------------------
Sl. Particulars Nos. Purchase price/ Advance
No. of Plant and price considered Total (75% of
Equipment reasonable by Price Col.5)
Engineer-in-Charge
1 2 3 4 5 6
Dated this ………………… day of 20….. at …………. .
WITNESS
..................................................... (Signature) ..........................................

(Signature)
.................................................... (Name) ................................................
(Name)
.................................................... . Printed Name of Authorised person
(Official Address) having Power of attorney.............
Designation........................................
Common Seal....................................
NOTE :
* For Proprietory Concerns
Shri son of resident of

carrying on business under the name and style of
at (hereinafter called
“the said Contractor” which expression shall unless the context requires otherwise include his heirs, executors,
FORM - 9
PAGE 4 OF 4
M/s. a partnership firm having its registered office at

(hereinafter called “the said Contractor” which expression shall unless the
context requires otherwise include and their respective heirs, executors, administrators and legal
representatives) the partners of the firm being (i)Shri s/o
(ii) and Shri s/o etc
* For Companies
M/s a company under the Companies Act, 1956, and having its
registered office at in the State of
(hereinafter called “The said Contractor” which expression shall unless the
context requires otherwise include its successors and assigns).
10. PROFORMA OF
“CONTRACT AGREEMENT”
FORM - 10
PAGE 1 OF 6
10. PROFORMA OF “CONTRACT AGREEMENT”

(to be executed on proper non-judicial stamp paper)
This Contract Agreement made this ...............................................................day of .............................

(month) ........................ two thousand and ....................................... year .........................................................
between PVUN Limited, a company incorporated under the Companies Act, 1956, having its registered Office
at NTPC Bhawan, Core 7, SCOPE Complex, 7, Institutional Area, Lodhi Road, New Delhi-110 003 (hereinafter
referred to as “Employer” as “PVUN Limited” which expression shall include its administrators, successors,
executors and assigns) or the one part : And ................................................... a company
incorporated under the Companies Act 1956 having its registered office at ........................................
(OR)
M/S ................................................................(Partnership Firm) registered under the Indian Partnership Act

1932 having its Head Office at ...............................and consisting of .....................................Partners namely
.............................................
(OR)
M/S ................................................................ a proprietory concern having its Principal Place of Business at

................................................................. and owned and controlled by its Sole Proprietor namely
.......................................................... (hereinafter referred to as the “Contractor” which expression shall
include its administrators, successors, executors and permitted assigns) of the other part.
WHEREAS PVUN Limited desirous of setting up its Power Project at ........................................ District
....................................... with an ultimate capacity of ..................................)* ....................................... MW
(hereinafter called the “Project”) has invited bids for .......................................................... (briefly describe
scope of work as per LOA) for the ................................*................................. stage of the Project with the
capacity of .............................*.......................... MW as per its Bid Specification No ..........................
AND WHEREAS the Contractor had participated in the above referred bidding vide their proposal
No................................dt ......................... including its amendments, if any and Employer after examining the
said proposal accepted their aforesaid proposal and awarded the Contract to the Contractor on terms and
conditions more specifically contained in its Letter of Award No. .............................................. dt
............................and the documents referred to therein, which have been unequivocally accepted by the
Contractor resulting into a concluding “Contract”, hereinafter called the “Contract”.
FORM - 10
PAGE 2 OF 6
NOW THEREFORE THIS DEED WITNESSETH AS UNDER:
1.0 AWARD OF CONTRACT
1.1 The Employer has already awarded the CONTRACT to the Contractor for the work
of.........................................on the terms and conditions contained in its Letter of Award No
..................................dated ................................... the documents referred to therein and under these
presents. The contract has taken effect from ......................................... i.e. the date of issue of the
aforesaid Letter of Award. The terms and expressions used in this Agreement shall have the same
meaning as are assigned to them in the “Contract” referred to in the succeeding Article.
2.0 CONTRACT
The Contract shall be performed strictly as per the terms and conditions stipulated herein, in the
Contract Documents and in the Letter of Award (hereinafter collectively referred to as “Contract).
2.1 Contract Documents shall mean:–
A. Invitation For Bids No. .................................dated ........................... and Bidding documents in

respect of Specification No. ....................................issued vide Letter No.
................................dated ........................... consisting of:
i) General Conditions of Contract for Civil Works including all amendments issued vide its
letter(s) No.(s) ........................ dated .........................(Section - IV).
ii) Special Conditions of Contract .................. (Section - V).
iii) Technical Specifications and Drawings including amendments issued vide its Letter No.
..................................dated ......................... ( .................. (Section – VI).
---------------------------------------------------------------------------------------------
Sl. No. Drawing Title
---------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------
FORM - 10
PAGE 3 OF 6
The above drawings are tentative and are meant for bidding purpose only and are not
the final drawings nor show the full range of the work under scope of work. Work has to
be executed according to the Final drawings with latest additions, alterations and
modifications if any from time to time as required or approved by the Engineer-in- Charge
and also according to any other relevant drawing that would be supplied to the
Contractor progressively during the execution of the Contract.
iv) Schedule of Quantities*.......................................... (Section - VII).
v) Forms & Procedures
B. Contractor’s Proposal No. ...................... dated .................including its amendments if any

received and opened on ...................................
C. Agreed Minutes of Meeting held on ..................................between Employer and the

Contractor.*
2.2 LETTER OF AWARD: The Letter of Award shall mean the Employers letter no ................ dated
..........................together with its amendments if any.
All the aforesaid Contract Documents and Letter of Award above shall form an integral part of this
Contract Agreement, in so for as the same or any part thereof is not in conflict with the Documents
(Section I, II, III, IV, V, VI & VII, VIII in Para 2.1 and 2.2 above and what has been specifically agreed
to by the Employer and brought out in its Letter of Award and subsequent amendment if any. Any matter
in the Contractor’s Proposal referred to in sub-clause B of Para 2.1 above inconsistent therewith,
contrary or repugnant thereto or any deviations taken by the Contractor in its “Proposal” but not agreed
to specifically by the Employer in its Letter of Award shall not be given effect to and shall be deemed
to have been withdrawn by the Contractor without any cost implication to EMPLOYER., For the sake
of brevity, this Contract Agreement alongwith its aforesaid Contract Documents and the Letter of Award
shall be referred to as the “Contract”.
3.0 CONDITIONS & COVENANTS
3.1 The scope of work under the Contract shall include .................................................
3.2 The scope of work under the Contract as specified above, consideration, terms of payment, loans and
advances, price variation, security deposit, taxes wherever applicable, insurance, agreed time
schedule, compensation for delay and all other terms and conditions are contained in the Contract and
the Contract shall be duly performed by the Contractor strictly and faithfully in accordance with the
terms of this Contract.
3.3 The scope of Works shall also include all such items which are not specifically mentioned in the
Contract, but which are necessary for the satisfactory completion of the entire scope of works
envisaged under this contract unless otherwise specifically excluded from the scope in the Contract.
FORM - 10
PAGE 4 OF 6
3.4 The progress of work shall conform to the agreed work schedule.
3.5 This Contract Agreement constitutes full and complete understanding between the parties and terms
of these presents. It shall supersede all prior correspondence to the extent of inconsistency or
repugnancy to the terms and conditions contained in the Contract Agreement. Any modifications of the
Contract Agreement shall be effected only by written instruments signed by the authorized
representatives of both the parties.
3.6 Time is the essence of the Contract and it shall be strictly adhered to.
**3.7 It is expressly understood and agreed by and between the Contractor and the Employer that the Employer
is entering into this agreement solely on its own behalf and not on behalf of any other person or entity.
In particular, it is expressly understood and agreed that the Govt. of India is not a party to this
Agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed
that the Employer is an independent legal entity with power and authority to enter into Contracts solely
on its own behalf under the applicable laws of India and the general principles of Contract Law. The
Contractor expressly agrees, acknowledges and understands that the Employer is not an agent,
representative or delegate of the Govt. of India. It is further understood and agreed that the Govt. of
India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs
arising out of the Contract. Accordingly, Contractor expressly waives, releases and foregoes any and
all actions or claims, including cross claims, impeder claims, or counter claims against the Govt. of
India arising out of this Contract and covenants not to sue the Govt. of India as to any manner, claim,
cause of Action or thing whatsoever arising of or under this agreement.
4.0 The total contract price for the entire scope of this contract as detailed in Clause No.
................................. of Letter of Award is ................................ ( ............................. )
5.0 The Terms of Payment is governed by Clause ............................... of GCC (Section - IV).
6.0 NO WAIVER OF RIGHTS:
6.1 Neither the inspection by the Employer or the Engineer-in-Charge or any of the officials, employees or
agents nor any order by the Employer or the Engineer-in- Charge for payment of money or any payment
for or acceptance of, the whole or any part of the Works by the Employer or the Engineer-in- Charge
nor any extension of time nor any possession taken by the Engineer-in-charge shall operate as Waiver
of any provisions of the contract, or of any power herein reserved to the Employer, or any right to
damages herein provided, nor shall any waiver of any breach in the contract be held to be a waiver of
any other or subsequent breach.
FORM - 10
PAGE 5 OF 6
7.0 SETTLEMENT OF DISPUTES
7.1 It is specifically agreed by and between the parties that all the differences or disputes arising out of the
Contract or touching the subject matter of the Contract shall be decided by process of Settlement of
Disputes as specified in Clause 7 of the General Conditions of the Contract as amended and the
provisions of the Arbitration & Conciliation Act, 1996including any statutory modifications or re-
enactment thereof and the rules made thereunder shall apply and Ranchi Courts alone shall have
exclusive jurisdiction in all matters arising under this Contract. The arbitrator shall give
reasoned/speaking award.
7.2 Governing Laws
The laws applicable to this contract shall be the laws in force in India.
7.3 Notice of Default
Notice of default given by either party to the other party under the Contract shall be in writing and shall
be deemed to have been duly and properly served upon the parties hereto if delivered against
acknowledgement or by telex or by registered mail with acknowledgement due addressed to the
signatories at the addresses mentioned herein above.
IN WITNESS WHEREOF, the parties through their duly authorised representatives have executed
these presents (execution there-of has been approved by the competent authorities of both the parties)
on the day, month and year first above mentioned at ......................... # .............
FOR AND ON BEHALF OF

PVUN Limited
WITNESSES :
1. ............................................................. : .............................................................
(Signature) (Employer‘s Signature)
............................................................. : .............................................................
(Name) (Printed Name)
2. ............................................................. : .............................................................
(Designation) (Designation)
........................................................
(Company’s Stamp)
: FOR AND ON BEHALF OF

M/S. ..............................................
..............................................
..............................................
FORM - 10
PAGE 6 OF 6
1. ............................................................. : ...............................................
(Signature) (Contractor’s Signature)
............................................................. : ................................................
(Name) (Printed Name)
.............................................................. : ................................................
(Designation) (Designation)
: ................................................
(Company’s Stamp)
NOTE:
* Strike whichever is not applicable.
# Here mention the place where contract is signed.

11. PROFORMA OF “INDEMNITY BOND” FOR
“EMPLOYER ISSUE MATERIALS”
FORM - 11
PAGE 1 OF 5
11. PROFORMA OF INDEMNITY BOND” FOR “EMPLOYER ISSUE MATERIALS”

(On non-judicial paper of appropriate value and to be stamped in accordance with Stamp Act. The stamp
paper to be in the name of Executing Contracting Firm/ Company)
This bond of indemnity made this …………… day of ………… by ………… [Contractor’s Name]* ............... , a
company registered under the Companies Act, 1956/ Partnership firm/ Proprietary concern having with its
Registered/ Head Office at ............ (hereinafter referred to as the ‘Contractor’ which expression shall unless
repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) in
favour of ...........[Employer’s Name].......... (hereinafter referred to as the ‘Employer’, which expression shall,
unless repugnant to the context or meaning thereof include its successors, administrators and assigns)
WHEREAS ………….. [Employer’s Name]……… has awarded to the Contractor, a Contract by issue of
Employer’s Letter of Award No. ……….. dated ................ and in terms of the said Contract, the Employer has
agreed to issue from time to time to the Contractor according to the requirements for incorporation in the Works
under the said Contract, the ‘Employer Issue Materials’ viz. ‘Cement’ and/or ‘Reinforcement Steel’ and/or
‘Structural steel’ ‘**’ (hereinafter called ‘Employer Issue Materials’) necessarily required for performance of the
aforesaid Contract.
AND WHEREAS one of the conditions for the issue of the ‘Employer Issue Materials’ is that the Contractor
shall furnish an Indemnity Bond in favour of the Employer covering the full value for the total quantities of
‘Employer Issue Materials’ which shall remain in the safe custody of the Contractor during the execution of the
Contract.
NOW THIS Indemnity Bond witnessth as follows:
1.0 THAT in consideration of the various Employer Issue Materials as aforesaid issued/ to be issued free of
cost by Employer to the Contractor from time to time as per requirements for the purpose of the
performance of the said Contract valued at Rs. ....................... , the Contractor hereby undertakes to
indemnify and keep Employer indemnified, for the full Value of the said Employer Issue Materials. The
Contractor hereby acknowledges the receipt of the said Employer Issue Materials as per details given
in Schedule attached hereto. Further the Contractor agrees to acknowledge the receipt of the
subsequent Employer Issue Materials as will be issued by Employer in the form of schedules
consecutively numbered which shall be attached to this Indemnity Bond so as to form integral part of
this Bond.
2.0 That in terms of the said Contract, the maximum quantity of “Employer Issue Materials” at any point of time
during the currency of the Contract shall not exceed the quantity as is identified herein below in column
‘d’ and its value for the purpose of Indemnity Bond as per clause ................................................. of
.......................................... are as given below :
FORM - 11
PAGE 2 OF 5
---------------------------------------------------------------------------------------------------------------------------
Sl. Name of Items of Total Max. Rate Total amount
No. Employer Issue Qty. in Qty. @ (Rs. in Millions)
Materials Contract at any Rs. for total Qty.
(M.T.) point of in the Contract
time
(M.T.)
---------------------------------------------------------------------------------------------------------------------------
a. b. c. d. e. f. (c x e)
---------------------------------------------------------------------------------------------------------------------------
1. Cement (in bags or
silos)
2. Reinforcement Steel
(in various sizes and
lengths)
3. Structural steel
(in various sizes & lengths)
---------------------------------------------------------------------------------------------------------------------------
f = Total Value of this I.B. = Total Value in Rs. ......................... Millions
---------------------------------------------------------------------------------------------------------------------------
3.0 Notwithstanding the above maximum quantity (Column ‘d’ above) of ‘Employer Issue Materials’ that remain
in the custody of the Contractor at any point of time, the actual issuance of materials with the aforesaid
total limit shall be governed by the actual programme of execution of work as may be agreed to between
the Contractor and the Employer from time to time. The issuance of lesser quantities and/or the
availability of balance unused quantity at site of ‘Employer Issue Materials’ shall not in any way dilute
the obligation of the Contractor under this Indemnity Bond except that its value in such case will stand
reduced to the value of such materials actually with the Contractor computed at the same unit rate as
mentioned in para 2.0 above.
4.0 That the value of Indemnity Bond as brought out in para 2.0 and 3.0 above are linked with the following
unit rate of these materials.
a) Cement @ Rs. ....... i.e., Procurement Rate +25%.
b) Reinforcement steel : @ Rs. .............. i.e. Max. rate of nearest stockyard of SAIL for any section
inclusive of Sales Tax + 25%.
c) Structural steel : @ Rs................ i.e. Average rates of nearest stockyard of SAIL for structural
sections, pipes & plates inclusive of Sales Tax + 25%.
FORM-11
PAGE 3 OF 5
4.1 In the event of any upward revision of the aforesaid rate by the concerned authorities, the value of the
Indemnity Bond shall be enhanced proportionately by executing fresh bond.
5.0 That the Contractor undertakes to keep these ‘Employer Issue Materials’ at the Employer’s project site
at a place duly notified by the Engineer-in-Charge and shall not take out these materials or allow the
same to be taken out of the project site under any circumstances whatsoever.
6.0 That Contractor shall remain absolutely responsible for the safe custody and protection of the said
‘Employer Issue Materials’ against all risks whatsoever till these are duly incorporated in the Works as
per terms of the contract and non utilised materials will be promptly returned to Employer in accordance
with said Contract and as such the Contractor do hereby undertakes to indemnify and shall keep
Employer indemnified against any loss or damage or conversion that may be caused or done to the
said ‘Employer Issue Materials’ while in the Contractor’s possession/custody. These materials shall
however, at all times, be available for inspection by the Engineer-in-Charge from time to time.
7.0 Further, Employer shall have the absolute right at all times to take possession of the ‘Employer Issue
Materials’ in whatever form the Employer Issue Materials may be, if in its opinion, the ‘Employer Issue
Materials’ are likely to be endangered, misutilised or converted to uses other than those specified in
the Contract, by any acts of omission on the part of the Contractor or any other person or on account
of any reason whatsoever and the Contractor binds itself and undertakes to comply with the directions
of Employer to promptly return the ‘Employer Issue Materials’ without any demur or reservation, protest
or contest.
8.0 That the Contractor shall keep the ‘Employer Issue Materials’ as a ‘Trustee’ on the Employer’s behalf and
the ownership of these materials shall always vest in Employer.
9.0 That the ‘Employer Issue Materials’ shall exclusively be used by the Contractor for performing the Works
under the Contract and for no other work or purpose whatsoever, otherwise it will be treated as criminal
breach of trust. Should however, at any time, any loss/damage occur to the ‘Employer Issue Materials’
in part or in full or the same or any part thereof is misused or converted or used for any other purposes
other than the contractual purpose by the Contractor or the surplus unused materials and the
wastage/scrap are not returned to Employer in terms of the Contract, then Employer shall be entitled
to recover from the Contractor, the compensation at the specified rates under the Contract for and in
respect of such misuse, loss, damage, or conversion or any other unauthorised use not intended under
the Contract, without prejudice to any other remedies which may be available to Employer including
deduction from any payment/dues to or any sum which at any time hereinafter may become due to the
Contractor under the Contract.
FORM-11
PAGE 4 OF 5
10.0 In the event of any misuse, loss or damage as aforesaid, the assessment for such misuse, loss or damage
and the assessment of the compensation thereof would be made by Employer or its authorised
representatives and the said assessment shall be final and binding on the Contractor.
11.0 This Indemnity Bond shall be valid till six (6) calender months after the scheduled date of completion of
work under the Contract and shall be extended from time to time till the entire work under the Contract
is successfully completed or earlier upon determination of contract and all the surplus/wastage/ scrap
materials are fully returned and the account for ‘Employer Issue Materials’ is finally settled between the
Contractor and Employer, whichever event is later.
12.0 It is clearly understood and agreed to by the Contractor that non-observance of the obligations under this
Indemnity Bond by the Contractor shall Inter-alia constitute a criminal breach of trust on the part of the
Contractor and he shall be liable for all legal/penal consequences thereof.
13.0 Now the condition of this Bond is that the Contractor shall duly and punctually comply with all the terms
and conditions of this bond to the satisfaction of Employer, then, the above bond shall be void, but
otherwise, it shall remain in full force and virtue.
14.0 That this bond shall not be irrevocable during its validity period and the Contractor shall not revoke this
bond till it is discharged by Employer in writing.
WITNESS
...................................................... (Signature) ......................................................

(Signature)
...................................................... (Name of Contractor)...................................
(Name)
...................................................... Name of the Authorised person (Official Address)
having Power of Attorney...........................
Designation
....................................................
Seal...............................................................
FORM-11
PAGE 5 OF 5
Notes :
* FOR PROPRIETORY CONCERNS
Shri ................................................................... son of ............................................ resident of

................................................................. carrying on business under the name and style of
................................................................ at .................................................................................. (hereinafter
called “the said Contractor” which expression shall unless the context requires otherwise include his heirs,
executors, administrators and legal representatives).
* FOR PARTNERSHIP CONCERNS
M/s. .............................................................................................. a partnership firm with its office at

....................................................................... (hereinafter called “the said Contractor” which expression shall
unless the context requires otherwise include their heirs, executors, administrators and legal representatives),
the names of their partners being (i) Sh. ........................................... ..... son of Sh.
................................................
(ii) Sh.................................................. son of Sh. ................................................
* FOR COMPANIES
M/s. ......................................................................................................................... a Company registered

under the Companies Act, 1956 and having its registered office at .............................................................. in
the State of .............................................................. and its head office
at.............................................................. (hereinafter called “the said Contractor” which expression shall
unless the context requires otherwise include its administrators, successors and assigns.)
12. LETTER OF UNDERTAKING TO BE GIVEN BY
CONTRACTOR WHILE FURNISHING THE “INDEMNITY
BOND” TO EMPLOYER FOR
“EMPLOYER ISSUE MATERIALS”
FORM - 12
PAGE 1 OF 2
12. LETTER OF UNDERTAKING TO BE GIVEN BY CONTRACTOR

WHILE FURNISHING THE “INDEMNITY BOND” TO
EMPLOYER FOR “EMPLOYER ISSUE MATERIALS”
To : From :
The Engineer-in-Charge M/s.
(Contractor)
( project) ( Project)
Name of Contract
(State)
Dear Sir,
Sub : Undertaking to be Submitted alongwith INDEMNITY BOND for “EMPLOYER ISSUE MATERIALS”
under Contract No. dated .
1.0 This is to inform you that as per Clause No. of SCC forming integral part of the Contract
No. dated relating to “Employer Issue Materials”, we have to submit to you an
irrevocable and unconditional INDEMNITY BOND equivalent to the total value of “Employer Issue
Materials” required for incorporation in the Works of “ ” awarded to us vide your
LOA No. dated .
2.0 The amount of the aforesaid INDEMNITY BOND is dependent upon maximum quantity of Employer
Issue Materials that will remain with us at any point of time during the execution of the Contract and is
based on the prevailing market value of Employer Issue Materials, as given below :
a. Cement : Procurement Rate plus 25%.
b. Reinforcement Steel : Max. rate of nearest Stockyard of SAIL

for any section inclusive of Sales Tax
plus 25%.
c. Structural Steel : Average rates of nearest stockyard of

SAIL for structural sections, pipes and
plates inclusive of Sales Tax plus 25%.
3.0 We agree that in the event of the aforesaid total quantity of “Employer Issue Materials” is to be increased
during the execution of the contract for performance of the work or for the market value of the “Employer
Issue Materials” increase for any reasons whatsoever, the amount of aforesaid INDEMNITY BOND
shall be enhanced by us without any demur correspondingly, in accordance with the various provisions
in clause of the aforesaid conditions of Contract.
FORM - 12
PAGE 2 OF 2
4.0 We further confirm and undertake to increase the value of the aforesaid INDEMNITY BOND in accordance
with para 3.0 above within 30 days of the receipt of notice from Employer for enhancement of the value
of the said Indemnity Bond failing which Employer shall have the absolute right to invoke the said
Indemnity Bond which will be honoured by us without any demur, contest or protest. Further we
undertake to extend the validity of the INDEMNITY BOND as required from time to time by Employer
till the entire material is incorporated in the Works and the unutilised material including wastage, scrap
etc. are returned to the Employer and the reconciliation of the total Employer Issue Materials is
completed in all respects.
5.0 This undertaking is irrevocable and shall remain in force till the execution and performance of the entire
contract and/or till it is discharged by Employer.
Thanking you,
Yours faithfully,
(Signature of Authorised Signatory......... )
Name & Designation..................................
Name of Contractor...................................
Name of the Work ...................................
Date : Contract No................................................
Place : Date of Award............................................
Seal of the Contractor...............................
13. LETTER OF CONFIRMATION BY THE PROPOSED
SUB-CONTRACTOR
FORM - 13
PAGE 1 OF 1
13. LETTER OF CONFIRMATION BY THE PROPOSED SUB-CONTRACTOR
Bidder’s Name & Address
To,
Jharkhand-829119
Dear Sirs,
I / We M/s …………..@................ have been proposed by M/s. ………………….. @@....................... as a

sub-contractor for the portion of work relating to …..……$.....…. under .................................. Package.
We agree to work as subcontractor to M/s. …………………..@@....................... for the aforesaid portion of

the work relating to …..……$.....…. under ……………………… Package subject to award of Contract to
…………………..@@ ...................... and on being approved by PVUN Ltd.
Date : Signature....................................................
Place : Printed Name of Authorised person of Sub-
Contractor having Power
of attorney................................................
Designation.............................................
Common Seal..........................................
@ Write Name of the sub-contractor as proposed by the main Bidder.
@@ Write Name of the main Bidder.
$ Write Particulars of the portion of the work for which the Sub-Contractor has been proposed.
Note : To be filled by Sub-Contractor(s) individually.

14. PROFORMA FOR MATERIAL
ACCOUNTING & RECONCILIATION
FORM - 14
PAGE 1 OF 2
14. PROFORMA FOR MATERIAL ACCOUNTING & RECONCILIATION
Name of Materials ................................

Reconciliation ......................................
1. Name of the Contractor :
2. Name of the Project :
3. Name of the Work :
4. Contract No. & Date :
5. Location of the Contractor’s

Stock/godown :
6. Total Estimated Requirement

in the Contract :
7. Value of the Material Security :
8. Indemnity Bond furnished towards

the value of Security towards other
Materials :
9. Value of security towards Materials

under this Performance :
Note : i. Full Separate a. Cement

proforma for
b. M.S. Reinforcement
(Sectionwise/Diameterwise)
c. Tor-steel Reinforcement
(Sectionwise/Diameterwise)
d. Structural Steel
ii. Same proforma to be used till it is filled by succeeding reconciliation.

Fresh Proforma for each reconciliation is prohibited.
FORM - 14
PAGE 2 OF 2
Sl. Date of Cumulative Cumulative Qty. Qty. Unaccounted Whether Outstand- Remarks
No. Reconci- Qty. issued Qty. incor- retur- avai- C-(D+E+F) recovery ingreco-
liation till last porated in ned lable of unacc- veries
reconcilia- the Works in ounted (cumulative
tion as certified stock matl. (Col. till date)
by the of G) effect
Engr. con- ed. If so;
tractor amount
recovered
and bill/
MB No.
A B C D E F G H I J
Note: 1 Reconcilation shall be done at minimum frequency of three (3) months.

(Signature of Engineer-in-Charge)
(Signature of Contractor’s
Authorised Site Representative)
Name & Designation ..................................................
Seal .....................................................................
15. Form of Indemnity Bond to be
executed by the Contractor for
the Safe Custody of Equipments
brought to site by the Contractor
FORM - 15
PAGE 1 OF 6
15. FORM OF INDEMNITY BOND TO BE EXECUTED

BY THE CONTRACTOR FOR SAFE CUSTODY OF
THE EQUIPMENTS BROUGHT TO SITE BY THE CONTRACTOR
FOR PERFORMANCE OF ITS CONTRACT
AND AGAINST WHICH PAYMENT TO BE MADE ON RECEIPT
(Entire Equipment Consignment in one lot)
(On non-Judicial stamp paper of appropriate value)
INDEMNITY BOND
THIS INDEMNITY BOND is made this ....................................................day of................................

20.................... by ...........................(Contractor’s Name) a Company registered under the Companies Act,
1956/Partnership firm/Proprietary concern having its Registered Office at ......................................
(hereinafter called as ‘Contractor’ or “Obligor” which expression shall include its successors and permitted
assigns) in favour of ......................................... (Name of Employer), a Company incorporated under the
Companies Act, 1956 having its Registered Office at ..................................................... and its project at
.............................. (hereinafter called “.......................”..{Abbreviated name of the Employer}” which
expression shall include its successors and assigns) :
WHEREAS .......................@................. has awarded to the Contractor a Contract for .......................vide its
Notification of Award/Contract No.................dated ...................................... and its Amendment No.
............................................ and Amendment No..................................., (applicable when amendments have
been issued) (hereinafter called the Contract”) in terms of which .....(contractor) ......... is required to keep in
his safe custody various Equipments required for execution of the Contract.
And WHEREAS by virtue of Clause No............................ of the said Contract, the Contractor is required to
execute an Indemnity Bond in favour of...........@ .............. for safe custody of the Equipments for the purpose
of performance of the Contract/Erection portion of the contract (hereinafter called the “Equipments”)
AND THEREFORE, This Indemnity Bond witnesseth as follows:
1. That in consideration of various Equipments as mentioned in the Contract, valued at (Currency and
amount in Figures)........................................................... (Currency and amount in words)
.......................................................................... for the purpose of safe custody and performance of
the Contract, the Contractor hereby undertakes to indemnify and shall keep .........@.............
indemnified, for the twice the value of the Equipments. The Contractor hereby acknowledges actual
receipt of the Equipment etc. as detailed in the Schedule appended hereto.
@ Fill in abbreviated name of Employer

FORM - 15
PAGE 2 OF 6
2. That the Contractor is obliged and shall remain absolutely responsible for the safe transit/protection
and custody of the Equipment at ......@...... project site against all risks whatsoever till the
Equipments are duly used/erected in accordance with the terms of the Contract and the
plant/package duly erected and commissioned in accordance with the terms of the Contract is taken
over by ..........@........... . The Contractor undertakes to keep ..........@ ...................... harmless
against any loss or damage that may be caused to the Equipments.
3. The Contractor undertakes that the Equipments shall be used exclusively for the
performance/execution of the Contract strictly in accordance with its terms and conditions and no
part of the equipment shall be utilized for any other work of purpose whatsoever. It is clearly
understood by the Contractor that non-observance of the obligations under this Indemnity Bond by
the Contractor shall inter-alia constitute a criminal breach of trust on the part of the Contractor for all
intents and purpose including legal/penal consequences.
4. That ..........@.......... is and shall remain the exclusive owner of the equipments free from all
encumbrances, charges or liens of any kind, whatsoever. The Equipments shall at all times be open
to inspection and checking by the Engineer-in-Charge or other employees/agents authorized by him
in this regard. Further, ..........@ shall always be free at all times to take possession of
the Equipments in whatever form the Equipments may be, if in its opinion, the equipments are likely
to be endangered, misutilized or converted to uses other than those specified in the Contract, by any
acts of omission or commission on the part of the Contractor or any other person or on account of
any reason whatsoever and the Contractor binds himself and undertakes to comply with the
directions of demand of ..........@.......... to return the Equipments without any demur or reservation.
5. That this Indemnity Bond is irrevocable. If at any time any loss or damage occurs to the Equipments
or the same or any part thereof is misutilized in any manner whatsoever, then the Contractor hereby
agrees that the decision of the Project Manager of ..........@.......... as to assessment of loss or
damage to the Equipment shall be final and binding on the Contractor. The Contractor binds itself
and undertakes to replace the lost and/or damaged Equipments at its own cost and/or shall pay the
amount of loss to ..........@.......... without any demur, reservation or protest. This is without prejudice
to any other right or remedy that may be available to
..........@ against the Contractor under the Contract and under this Indemnity Bond.
6. NOW THE CONDITION of this Bond is that if the Contractor shall duly and punctually comply with
the terms and conditions of this Bond to the satisfaction of ..........@ , THEN, the above Bond
shall be void, but otherwise, it shall remain in full force and virtue. @ Fill in abbreviated name of
Employer
FORM - 15
PAGE 3 OF 6
IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its authorised
representative under the common seal of the Company, the day, month and year first above
mentioned.
SCHEDULE
Particulars of Quantity Particulars of Value of the Signature of

the Equipments Despatch title Equipments Attorney in
Documents token of
receipt
RR/GR/
Bill of lading Carrier
No & Date
For and on behalf of

..................................................
(Contractor’s Name)
WITNESS :
1. 1. Signature .............................. Signature ............................
2. Name .................................... Name ..................................
3. Address ................................ Designation of .........................

Authorised representative *
2. 1. Signature ..............................
(Common Seal)
2. Name .................................... (In case of Company)
3. Address ................................
————————————————————————————————————————
* Indemnity Bond are to be executed by the authorized person and (i) in case of contracting Company
under common seal of the Company or (ii) having the Power of Attorney issued under common seal
of the company with authority to execute Indemnity Bond, (iii) In case of (ii), the original Power of
Attorney if it is specifically for this Contract or a photostat copy of the Power of Attorney if it is General
Power of Attorney and such documents should be attached to Indemnity Bond.
FORM - 15
PAGE 4 OF 6
FORM OF INDEMNITY BOND TO BE EXECUTED BY THE CONTRACTOR

FOR SAFE CUSTODY OF THE EQUIPMENTS BROUGHT TO SITE IN INSTALLMENTS BY THE
CONTRACTOR FOR
PERFORMANCE OF THE CONTRACT AND AGAINST WHICH PAYMENT
IS TO BE MADE ON RECEIPT AT SITE
(On Non-Judical stamp paper of appropriate value)
INDEMNITY BOND
THIS INDEMNITY BOND is made this ....................................................day of .................................. 20

.................... by ...........................(Contractor’s Name) a Company registered under the Companies Act,
1956/Partnership firm/Proprietary concern having its Registered Office at ......................................
(hereinafter called as ‘Contractor’ or “Obligor” which expression shall include its successors and permitted
assigns) in favour of ..................... (Name of Employer), a Company incorporated under the Companies Act,
1956 having its Registered Office at ............................................ and its project at ..............................
(hereinafter called “...................”{Abbreviated name of the Employer}” which expression shall include its
successors and assigns) :
WHEREAS ..........@.......... has awarded to the Contractor a Contract for ....................... vide its Notification of
Award/Contract No.........................dated ............................................ and its Amendment No.
............................................ and Amendment No..................................., (applicable when amendments have
been issued) (hereinafter called the Contract”) in terms of which ........(contractor) ......... is required to keep in
his safe custody various Equipmentsfor execution of the Contract.
And WHEREAS by virtue of Clause No............................ of the said Contract, the Contractor is required to
execute an Indemnity Bond in favour in ..........@ .......... for the safe custody of Equipments for the purpose of
performance of the Contract/Erection portion of the contract (hereinafter called the “Equipments”)
NOW THEREFORE, This Indemnity Bond witnesseth as follows :
1. That in consideration of various Equipments as mentioned in the Contract, valued at (Currency and
amount in figures)..................................... (Currency and amount in words)
.............................................................. brought to site by the contractor in instalments from time to
time for the purpose of safe custody and performance of the Contract, the Contractor hereby
undertakes to indemnify and shall keep .........@......... indemnified, for the twice the value of the
Equipments. The Contractor hereby acknowledges actual receipt of the initial instalment of the
Equipment etc. at site as per details in the Schedule appended hereto. Further, the Contractor agrees
to acknowledge actual receipt of the subnsequent instalments of the Equipments etc. as required by
.........@......... in the form of Schedules consecutively numbered which shall be attached to this
Indemnity Bond so as to form integral parts of this Bond.

FORM - 15
PAGE 5 OF 6
2. That the Contractor is obliged and shall remain absolutely responsible for the safe transit/protection
and custdoy of the Equipment at ..........@.......... project site against all risks whatsoever till the
Equipments are duly used/erected in accordance with the terms of the Contract and the
plant/package duly erected and commissioned in accordance with the terms of the Contract, is taken
over by ..........@........... . The Contractor undertakes to keep ..........@ ...................... harmless
against any loss or damage that may be caused to the Equipments.
3. The Contractor undertakes that the equiments shall be used exclusively for the
performance/execution of the Contract strictly in accordance with its terms and conditions and no
part of the equipment shall be utilised for any other work of purpose whatsoever. It is clearly
understood by the Contractor that non-observance of the obligations under this Indemnity Bond by
the Contractor shall inter-alia constitute a criminal breach of trust on the part of the Contractor for all
intents and purpose including legal/penal consequences.
4. That ..........@.......... is and shall remain the exclusive owner of the Equipments free from all
encumbrances, charges or liens of any kind, whatsoever. The Equipments shall at all times be open
to inspection and checking by the Project Manager or other employees/agents authorized by him in
this regard. Further, ..........@.......... shall always be free at all times to take possession of the
Equipments in whatever form the Equipments may be, if in its opinion, the equipments are likely to
be endangered, misutilised or converted to uses other than those specified in the Contract, by any
acts of omission or commission on the part of the Contractor or any other person or on account of
any reason whatsoever and the Contractor binds himself and undertakes to comply with the
directions of demand of ..........@.......... to return the Equipments without any demur or reservation.
5. That this Indemnity Bond is irrevocable. If at any time any loss or damage occurs to the Equipments
or the same or any part thereof is mis-utilised in any manner whatsoever, then the Contractor hereby
agrees that the decision of the Project Manager of ..........@.......... as to assessment of loss or
damage to the Equipment shall be final and binding on the Contractor. The Contractor binds itself
and undertakes to replace the lost and/or damaged Equipments at its own cost and/or shall pay the
amount of loss to ..........@.......... without any demur, reservation or protest. This is without prejudice
to any other right or remedy that may be available to
..........@ against the Contractor under the Contract and under this Indemnity Bond.
6. NOW THE CONDITION of this Bond is that if the Contractor shall duly and punctually comply with
the terms and conditions of this Bond to the satisfaction of ..........@ , THEN, the above Bond
shall be void, but otherwise, it shall remain in full force and virtue.

FORM - 15
PAGE 6 OF 6
IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its authorised
representative under the common seal of the Company, the day, month and year first above mentioned.
SCHEDULE No.1
Particulars of Quantity Particulars of Value of the Signature of

the Equipments Despatch title Equipments Attorney in
Documents token of
receipt
RR/GR/
Bill of lading Carrier
No & Date
(Please number subsequent schedules)
For and on behalf of

..................................................
(Contractor’s Name)
WITNESS
1. 1. Signature .............................. Signature ............................
2. Name .................................... Name ..................................
3. Address ................................ Designation of .........................

Authorised representative *
2. 1. Signature .............................. (Common Seal)

(In case of Company)
2. Name ....................................
3. Address ................................
———————————————————————————————————————
* Indemnity Bond are to be executed by the authorised person and (i) in case of contracting Company
under common seal of the Company or (ii) having the Power of Attorney issued under common seal
of the company with authority to execute Indemnity Bond, (iii) In case of (ii), the original Power of
Attorney if it is specifically for this Contract or a photostat copy of the Power of Attorney if it is General
Power of Attorney and such documents should be attached to Indemnity Bond.
16. FORM OF INDEMNITY BOND
FOR REMOVAL/ DISPOSAL
OF SURPLUS MATERIAL
FORM - 16
PAGE 1 OF 2
16. FORM OF INDEMNITY BOND TO BE EXECUTED

BY THE CONTRACTOR WITH REGARD TO DISPOSAL OF
SURPLUS MATERIAL
(TO BE EXECUTED ON STAMP PAPER OF APPROPRIATE VALUE)
INDEMNITY BOND
THIS INDEMNITY BOND executed this .........................day of...................... 20 ..................... by

...........................(Name of Company) ........................................... a Company registered under the Companie
Act, 1956/Partnership Firm/Proprietary concern having its Registered Office(s) at ......................................
(Office Address)................................ hereinafter called the
Indemnifier(s)/Contractor(s) (which expression shall, unless excluded by or repugnant to the context, be
deemed to mean and include its successors, administrators, executors and permitted assigns).
IN FAVOUR OF
PVUN Limited, having its registered office at NTPC Bhawan, Scope Complex, 7, Institutional Area, Lodhi
Road, New Delhi-110 003 (hereinafter referred to as “PVUN”).
1. PVUN has awarded the Contractor(s), contract for execution of work (“Scope of Work”) as mentioned
in the contract agreement no. ................................ dated ........................, entered into between
PVUN and Contractor(s), relating to ........................................ (Name & Address of Project/Station)
(hereinafter called ‘the Project’).
2. The Indemnifier(s) for the purpose of execution of its Scope of Work had from time to time procured
and stored .................................. (Details of Material)........................................... at the Project Site.
3. After completion of the Scope of Work by Indemnifier(s), it has been identified that scrap
............................ (Details of Scrap Material & its quantity) ............................ and/or surplus
................................... (Details of Surplus Material & its Quantity) ........................ belonging to
Indemnifier(s) is lying at the said Project Site.
4. Now, the scrap ................................ (Details of Scrap Material & its Quantity) ................... and/or
surplus .................. (Details of Surplus Material & its Quantity) ........................ belonging to the
Indemnifier(s), requires to be removed by Indemnifier(s) from the Project Site.
FORM - 16
PAGE 2 OF 2
NOW THEREFORE THIS INDEMNITY BOND WITNESSETH AS UNDER:
1. That Indemnifier(s) by way of this indemnity requests PVUN to issue necessary exit gate pass(es) in
favour of Indemnifier(s) for removal of scrap...................... (Details of Scrap Material & its Quantity)
.............................. and/or surplus .......................... (Details of Surplus Material & its Quantity)
belonging to Indemnifier(s), from the project.
2. That as per PVUN’s procedure, Indemnifier(s) shall ensure loading of trucks for clearing of its scrap
............................ (Details of Scrap Material & its Quantity) ....................... and/or surplus
............................... (Details of Surplus Material & its Quantity) .................. by itself, as aforesaid,
under the supervision of CISF personnel.
3. That Indemnifier(s) in consideration of the premises above, for itself and its respective, executors,
administrators and assigns, jointly and severally agree and undertake from time to time and at all
times hereafter to indemnify PVUN and keep PVUN indemnified from and against all claims,
demands, actions, liabilities and expenses which may be made or taken against or incurred by PVUN
by reason of the issue of necessary gate pass(es) by PVUN and permitting Indemnifier(s) to remove
scrap ................... (Details of Scrap Material & its Quantity) ............................................. and/or
surplus ............................... (Details of Surplus Material & its Quantity) ............................. belonging
to Indemnifier(s), from the project.
4. That Indemnifier(s) undertakes to indemnify and keep PVUN harmless from any act of omission or
negligence on the part of the Contractor in following the statutory requirements with regard to
removal/disposal of scrap and surplus belonging to Indemnifier(s), from the Project Site aforesaid,
by the Indemnifier(s). Further, in case the laws require PVUN to take prior permission of the relevant
Authorities before handing over the scrap and/or surplus to the Indemnifier, the same shall be
obtained by the Indemnifier on behalf of PVUN.
IN WITNESS WHEREOF, the Indemnifier(s), through its authorized representative, has executed these
presents on the Day, Month and Year first mentioned above at ......................... (Name of the Place)
.........................................
Witness: Indemnifier
1. .....................................................
2. ....................................................
(Authorised Signatory)

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INVITATION FOR BIDS

PATRATU VIDYUT UTPADAN NIGAM LIMITED

(A Subsidiary of NTPC in Joint Venture with JBVNL)

(Domestic Competitive Bidding)

S.No Particulars Details

For EMD thorugh EFT Transfer to PVUN Account

The payment shall in done in the SBI Account of Patratu

8. MSE Benefits and Purchase Applicable.

Acceptance of this GTE in tendering portal shall be considered as bidder's

B. A Complete Set of Bidding Documents are available on NTPC e-tender site at

E. Address for Communication:

AGM(C&M)/ DGM (C&M)

NTPCWebsitesforreference: https://eprocurentpc.nic.inor www.ntpc.co.in

INSTRUCTIONS TO BIDDERS (ITB)

Package Instructions to Bidders (ITB)

Package Instructions to Bidders (ITB)

2.0 SOURCE OF FUNDS

3.0 CONFLICT OF INTEREST

4.0 BIDDER’S SITE VISIT

4.0 LOCAL CONDITIONS & BIDDER'S SITE VISIT

Package: Instructions to Bidders (ITB)

Section I Invitation for Bids (IFB)

5.3 Bid Drawings

6.0 CLARIFICATION OF BIDDING DOCUMENTS

7.0 PRE-BID CONFERENCE : NOT APPLICABLE

8.0 ADDENDA/CORRIGENDA/AMENDMENTS TO BIDDING DOCUMENTS

8.2 In order to provide reasonable time to prospective Bidder for an Addenda/Corrigenda/Amendments

Package: Instructions to Bidders (ITB)

9.0 COST OF BIDDING

10.0 LANGUAGE OF BID AND UNITS OF MEASURE

11.0 DOCUMENTS COMPRISING THE BID

11.1.1 Techno-Commercial Proposal

The Techno-commercial proposal comprises of following two categories of documents:

I. Documents to be submitted in physical form in separate sealed

(a) Attachment 1: Bid Security (If specified in the NIT/Tender Enquiry):

Package: Instructions to Bidders (ITB)

(a) Attachment 1: Bid Security (If specified in the NIT/Tender Enquiry):

(b) Attachment 2: Documents related to legal status of Bidder Qualifications:

1. In case of Sole Proprietorship Concern

i) The full name of an individual proprietor, his/her parentage, documentary proof of

2. In case of Partnership Firm

ii) Registration certificate issued by the Registrar of Firms concerned.

3. In case of Private Limited Companies

i) Certified to be true and up to date amended copy of Memorandum and Articles of

Package: Instructions to Bidders (ITB)

iv) Specimen signatures of the Executive Director(s)/ authorised person as in (iii)

4. In case of Public Limited Companies and Statutory Corporations.

i) Certified to be true copy of Memorandum and Articles of Association of the

iii) Certificate of Commencement of Business - In case of public limited Co. only.

Original Power of Attorney issued by Competent Officer under the common

v) Specimen signature of the Director(s)/ Executive Director(s)/ authorised

5. In case of Consortium/ Joint Venture bid (Applicable in case of Consortium/ Joint

i) The information listed in Qualifying Requirements in Bidding Data Sheet shall

ii) The bid, shall be signed so as to be legally binding on all partners;

The entire execution of the contract shall be done by Joint

Package: Instructions to Bidders (ITB)

viii) A copy of the Partnership Deed/Memorandum of Association/Certificate of

(c) Attachment 3: Bidder’s Qualifications : NOT APPLICABLE

(d) Attachment 4 : EFT Form (To be uploaded in Pre-Qual/Technical Cover/Envelope