Tender 650aa0688f334
Tender 650aa0688f334
Tender 650aa0688f334
11,800/-
TENDER DOCUMENT
FOR
TWO PART TENDER
FOR
Supply, Erection, commissioning and testing of complete 1700 KWp ground mounted grid
connected solar power plant, with string inverters, JBs, MMS, Earthing & lightning
protection (LA) system, area lighting items, cables, outdoor ACDBs, outdoor DCDBs,
outdoor LT-HT panels, outdoor step up transformer, 11 KV line shifting materials
complete in all aspects with all the accessories and tools & tackles. Scope includes 11 KV
line shifting and civil works involving jungle clearing, ground leveling, GI chain link
fencing on PCC-RCC poles and construction of equipment foundation. (Note: Scope also
includes supply of materials required to do the civil jobs). This scope shall be completed
within Six (6) Months from the date of issue of PO.
Operation and Maintenance of 1700 kWp solar power plant consisting of solar PV
modules, string inverters, HT-LT panels/cables, transformer, 11 KV line and metering. The
scope also includes repair/replacement of respective equipment which is under OEM
warranty. (Starting from the date of operational acceptance) (20 Qtr). The O&M Contract
shall be for a period of 5 Years starting from the date of operational acceptance.
e-EPC-04
SECTION-A : INVITATION TO TENDER AND TENDERING CONDITIONS
e-EPC-04
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(A Government of India Enterprise)
Gorakhpur Haryana Anu Vidyut Pariyojana
Directorate of Contracts and Materials Management
TWO PART TENDER FOR EPC CONTRACTS
Dear Sirs,
Sub: Supply, Erection, commissioning and testing of complete 1700 KWp ground mounted grid
connected solar power plant, with string inverters, JBs, MMS, Earthing & lightning protection
(LA) system, area lighting items, cables, outdoor ACDBs, outdoor DCDBs, outdoor LT-HT panels,
outdoor step up transformer, 11 KV line shifting materials complete in all aspects with all the
accessories and tools & tackles. Scope includes 11 KV line shifting and civil works involving jungle
clearing, ground leveling, GI chain link fencing on PCC-RCC poles and construction of equipment
foundation. (Note: Scope also includes supply of materials required to do the civil jobs). This scope
shall be completed within Six (6) Months from the date of issue of PO.
Operation and Maintenance of 1700 kWp solar power plant consisting of solar PV modules, string
inverters, HT-LT panels/cables, transformer, 11 KV line and metering. The scope also includes
repair/replacement of respective equipment which is under OEM warranty. (Starting from the date
of operational acceptance) (20 Qtr). The O&M Contract shall be for a period of 5 Years Starting
from the date of operational acceptance.
Yours faithfully,
Sd/-
Head (C&MM)
For and on behalf of
Nuclear Power Corporation of India Ltd.
(The Purchaser)
e-EPC-04
SECTION – A
EPC-04
NUCLEAR POWER CORPORATION OF INDIA LIMITED
SECTION-A
Index
2. Qualifying Requirements 4
6. Bidder‟s Past Safety Record and Proposed Safety Program for the 12
Tender:
7. Opening of Tenders 12
11. Delivery 13
e-EPC-04
NUCLEAR POWER CORPORATION OF INDIA LIMITED
Invitation To Tender and Tendering Conditions for EPC Contracts
18. Consortiums 18
19. Canvassing 18
22. Civil Liability for Nuclear Damages(CLND) Act 2010 & Rule 20
2011 thereof
23. Disclosures 20
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Invitation To Tender and Tendering Conditions for EPC Contracts
SECTION-A
1.1 The Project Director, Gorakhpur Haryana Anu Vidyut Pariyojana, Nuclear Power
Corporation of India Ltd., a Government of India Enterprise, invites e-Bids from Indian
Tenderers by e-mode at NPCIL‟s e-Tendering Web Site - https://etenders.gov.in , through a Two Part
Tender format, for Supply, Erection, commissioning and testing of complete 1700 KWp ground
mounted grid connected solar power plant, with string inverters, JBs, MMS, Earthing &
lightning protection (LA) system, area lighting items, cables, outdoor ACDBs, outdoor
DCDBs, outdoor LT-HT panels, outdoor step up transformer, 11 KV line shifting materials
complete in all aspects with all the accessories and tools & tackles. Scope includes 11 KV line
shifting and civil works involving jungle clearing, ground leveling, GI chain link fencing on
PCC-RCC poles and construction of equipment foundation. (Note: Scope also includes supply
of materials required to do the civil jobs). This scope shall be completed within Six (6) Months
from the date of issue of PO. Operation and Maintenance of 1700 kWp solar power plant
consisting of solar PV modules, string inverters, HT-LT panels/cables, transformer, 11 KV
line and metering. The scope also includes repair/replacement of respective equipment which
is under OEM warranty. (Starting from the date of operational acceptance) (20 Qtr). The
O&M Contract shall be for a period of 5 Years starting from the date of operational
acceptance
as per the specifications detailed in Section “C” to this tender. The conditions of contract, which
will govern the contract pursuant to the tender are as contained in Section B of this tender
document. If you are in a position to quote for supply in accordance with the technical
specifications indicated in Section “C” to this tender document and as per conditions in Section B
please submit your bid in a manner and method specified hereinafter.
It is in the interest of the Tenderers to ensure that the e-Bids are submitted well in time. e-Bids shall
be submitted only on our CPPP e-tendering Web Site i.e. https://etenders.gov.in Bids in hard
copy/any other form shall not be accepted in any case.
1.2 The Tender Fee as prescribed shall be paid OFF-LINE, upon which the participation in the Tender
process is allowed.
(1) Tender Fee : Bidder shall submit Tender Fee through Direct Payment online
(NEFT/RTGS) or internet banking into buyer’s bank account.
(A) Tender Fee submission by online payment : Bidder/s may submit the Tender Fee
through direct Payment online (NEFT/RTGS) or internet banking into the buyer‟s bank details
given below.
Beneficiary name-NUCLEAR POWER CORPORATION OF INDIA LIMITED
Account No.- 31262745659
IFSC Code-SBIN0064044
Bank Name-STATE BANK OF INDIA
Branch address-GHAVP, GORAKHPUR, HARYANA
NOTE TO BIDDER : Bidder has to mention Tender Number and Name of bidding entity in
the transaction details field at the time of online transfer. Bidder has to upload scanned copy /
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NUCLEAR POWER CORPORATION OF INDIA LIMITED
Invitation To Tender and Tendering Conditions for EPC Contracts
proof of the Online Payment Transfer along with offer & also send copy of the same to email
id: [email protected] on or before last date of submission of bid for verification purpose
without fail.
1.3 In case of Public Tender (PT) there is no restriction for participation in the Tender. In case of
Limited Tenders (LT) or Single Tenders (ST), participation is allowed only to the intended bidders
who can do online submission of their bids. However, the Tenderers are required to meet the
Qualification Criteria stipulated, if any, under the Tender.
1.4 One Bid per Bidder: Each bidder shall submit only one e-bid for one package. A bidder who
submits or participates in more than one e-bid will cause the bidder‟s participation to be
disqualified for all such e-bids.
2 Qualifying Requirements
2.1 Refer to Appendix „X‟ for the details of the requirements need to be met by the bidders.
2.2 The bidders while submitting the e-Bid are required to upload all supporting documents /
information necessary for establishing their qualification in e-Envelope only on the e-portal.
2.3 Tender documents shall be downloaded by those bidders who prima facie meet the qualification
requirements as in ITT clause 2.1 above. While the system may allow the submission of offer, such
allowance shall not be construed to be automatic qualification of the Tenderer for this Tender
2.4 A bidder participating in this tender can participate either as a contractor or as a sub-contractor, but
not as both contractor and sub-contractor of another contractor. However, a sub-contractor can
participate as sub-contractor to more than one contractor.
2.5 The bidder should not be under liquidation, court receivership or similar proceedings.
2.6 Integrity Pact (IP) & Integrity Pact Security (IPBG or Demand Draft)
a) IP essentially envisages an agreement between the prospective Contractor and NPCIL committing the
persons / officials of both the parties, not to exercise any corrupt influence on any aspect of the
contract.
b) Only that Contractor who enters into such an IP with NPCIL would be competent to participate in the
bidding.
c) A copy of the IP duly signed on each page by the “Contract Concluding Authority” is enclosed along
with the tender. (Annexure-IP)
d) Contractor shall submit IP within due date and time, duly signed by the same signatory who is
authorised to sign the bid in original, in the IP format as attached as per para (c) above. All the pages
of the Integrity pact shall be duly signed.
e) The IP would be effective from the stage of invitation of bids till the complete execution of the
contract. This pact begins when both parties have signed it. The validity of this Integrity Pact, from
date of its signing, shall be 5 years or the complete execution of the contract to the satisfaction of
both the Purchaser and the Contractor, including warranty Period, whichever is later. In case the
Contractor is unsuccessful, this Integrity Pact shall expire after six months from the date of signing of
the contract.
f) NPCIL has appointed Independent External Monitors (IEMs), the role of IEMs is advisory and it is
restricted to resolving issues raised by an intending bidder regarding any aspect of the tender which
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Invitation To Tender and Tendering Conditions for EPC Contracts
allegedly restricts competition or bias towards some bidder. The details with respect to the IEM are
available on NPCIL Corporate website, i.e., www.npcil.nic.in and are as follows:
(Only matters related to Integrity Pact be addressed to IEMs and not routine tender related matters)
Project Director,
Nuclear Power Corporation of India Ltd.,
Gorakhpur Haryana Anu Vidyut Pariyojana,
Vill & P.O. Gorakhpur,
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NUCLEAR POWER CORPORATION OF INDIA LIMITED
Invitation To Tender and Tendering Conditions for EPC Contracts
Teh: Bhuna,
Distt: Fatehabad, Haryana - 125047
II. Timely submission of the original IP & Integrity Pact Security instrument is the responsibility of the
Bidder/Contractor and no reasons / excuses in this regard will be entertained by NPCIL.
2.7 All startups falling within the definition as per Gazette notification GSR 501 (E), dated 23-5-2017
are exempted from meeting the qualification criteria in respect of Prior Experience – Prior Turnover
subject to their meeting of quality and technical specification. However, the bidder is required to
upload the “Certificate of Recognition” issued by Department of Industrial Policy and Promotion.
2.8 The “Public Procurement (preference to make in India) Order 2017” issued by Department of
Industrial Policy and Promotion (now Department for Promotion of Industry and Internal Trade,
DPIIT), Ministry of Commerce and Industry, Government of India vide No - P-45021/2/2017-PP
(B.E.-II) dated 15/06/2017, as amended from time to time and as applicable on the date of
submission of tender, herein after referred as “PPP-MII Order 2017”is applicable for participation
in this tender. Accordingly, only those bidders eligible as per “PPP-MII Order 2017” shall be
considered for this tender. The bidders are required to upload relevant documents as per the “PPP-
MII Order 2017” along with their bid to avail benefits of this Order.
Provisions of F. No. 6/18/2019-PPD Order (Public Procurement No. 1) dated 23.07.2020 and
Order (Public Procurement No. 2) dated 23.07.2020 issued by Public Procurement Division,
Department of Expenditure, Ministry of Finance, Govt. of India shall be applicable to all tenders
issued by NPCIL. Bidders shall apprise and acquaint themselves with the latest provisions of these
provisions, as applicable on the date of submission of the tender.
For ready reference, some of the important provisions as applicable currently are mentioned herein
below. For sake of clarity, it is reiterated that this is not exhaustive list and it shall be responsibility
of the bidder to ensure compliance to the latest provision in this regards. In case of any conflict
between clauses written herein below with the above order(s), as amended from time to time, the
provisions of order/ latest version shall govern.
I. Any bidder from a country which shares a land border with India will be eligible to bid in this
tender only if the bidder is registered with the Competent Authority.
II. “Bidder” (including the term „tenderer‟, „consultant‟ or „service provider‟ in certain contexts)
means any person or firm or company, including any member of a consortium or joint venture (that
is an association of several persons, or firms or companies), every artificial judicial person not
falling in any of the descriptions of bidders stated hereinbefore, including any agency branch or
office controlled by such person, participating in a procurement process.
III. “Bidder from a country which shares a land border with India” for the purpose of this order means:
a. An entity incorporated, established or registered in such a country; or
b. A subsidiary of an entity incorporated, established or registered in such a country; or
c. An entity substantially controlled through entity incorporated, established or registered in
such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is citizen of such a country; or
g. A Consortium or Joint Venture where any member of the consortium or joint venture falls
under any of the above
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Invitation To Tender and Tendering Conditions for EPC Contracts
IV. The beneficial owner for the purpose of (iii) above will be as under:
1. In case of a company or Limited Liability Partnership, the beneficial owner is the natural
person(s), who, whether acting alone or together, or through one or more judicial person,
has a controlling ownership interest or who exercises control through other means.
Explanation –
a. “Controlling Ownership Interest” means ownership of or entitlement to more than
twenty-five percent of shares or capital or profits of the company;
b. “Control” shall include the right to appoint majority of the directors or to control the
management or policy decisions including by virtue of their shareholding or
management rights or shareholders agreements or voting agreements;
2. In case of a partnership firm, the beneficial owner is the natural person(s) who, whether
acting alone or together, or through one or more judicial person, has ownership of
entitlement to more that fifteen percent of capital or profit of the partnership;
4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial owner is
the relevant natural person who holds the position of senior managing official;
5. In case of a trust, the identification of beneficial owner(s) shall include identification of the
author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the
trust and any other natural person exercising ultimate effective control over the trust
through a chain of control or ownership.
V. An Agent is a person employed to do any act for another, or to represent another in dealing with
third person.
VI. The successful bidder shall not be allowed to sub-contract work to any contractor from a country
which shares a land border with India unless such contractor is registered with the Competent
Authority.
VII. Notwithstanding anything contained herein, the order will not apply to bidders from those countries
(even if sharing a land border with India) to which the Government of India has extended lines of
credit or in which the Government of India is engaged in development projects. Updated lists of
countries to which lines of credit have been extended or in which development projects are
undertaken are given in the website of the Ministry of External Affairs.
“I have read the clause regarding restriction on procurement from a bidder of a country which
shares a land border with India and on sub-contracting to contractors from such countries; I
certify that this bidder is not from such a country or, if it is from such a country, has been
registered with the Competent Authority and will not sub-contract any work to a contractor
from such countries unless such contractor is registered with the Competent Authority. I hereby
certify that this bidder fulfills all requirement in this regard and is eligible to be considered.
(Where applicable, evidence of valid registration by the Competent Authority shall be
attached.)”
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Invitation To Tender and Tendering Conditions for EPC Contracts
3 Expenses towards Submission of Quotations and Liability towards Site Visit / Work
3.1 The Purchaser shall not be responsible for expenses incurred towards preparation and submission of
e-bid documents as well as other expenses incurred towards it such as site visits.
3.2 In case of erection and commissioning, repairs and such other jobs wherein the bidder‟s personnel
or authorised representatives need to visit the Purchaser‟s site, they can do so only after obtaining
the prior permission of the Purchaser‟s site authorities. However, such personnel, who are granted
permission, are deemed to have explicitly agreed to the condition that they shall indemnify and hold
harmless the Purchaser and its personnel from and against all liabilities with respect to personal
injury, loss or damage to property and any other loss or expenses incurred by bidder‟s personnel as
a result of such visit.
4.1 The scope of work, bidding procedures, contract terms and technical requirements are prescribed in
the bidding documents. The Tender documents include the following sections:
4.2 The bidder is expected to examine all instructions, forms, terms, specifications and other
information in the tender documents. Failure to furnish all information required by the bidding
documents or submission of a E-bid not substantially responsive to the bidding documents in every
respect will be at the bidder‟s risk and may result in rejection of its bid.
4.3.1 The bidder shall be deemed to have carefully examined all Tender documents and obtained
clarifications from the Purchaser where needed, inspected and surveyed the Site and its surrounding
and satisfied himself as to the form and nature of the Site, the quantities and nature of work and
material necessary for the completion of the facilities and the means of access to the Site, the
accommodation he may require and in general obtained all necessary information as to risks,
contingencies and other circumstances which may influence or affect his tender, to his
entire satisfaction before submitting the bid.
4.3.2 In particular and without prejudice to the foregoing conditions and in addition thereto, when tenders
are called furnishing Particulars, the bidder‟s tender to supply in accordance with such particulars
shall be deemed to be an admission on his part that he has fully acquainted himself with the details
thereof and satisfied himself before tendering as to the correctness and sufficiency of his tender for
the Stores / Facilities and of the rates and prices quoted in the Schedule of Quantities, which rate
and prices shall, except as otherwise provided, cover all his obligations under the Contract and all
matters and things necessary for the proper completion of the facilities.
4.3.3 The bidder acknowledges that any failure to acquaint itself with all such data and information shall
not relieve its responsibility for properly estimating the difficulty or cost of successfully performing
the Facilities.
4.3.4 No claim on his part which may arise on account of non-examination or misunderstanding of the
Particulars and/or matter related to site will, in any circumstances, be considered payable by the
Purchaser.
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Invitation To Tender and Tendering Conditions for EPC Contracts
4.4 Pre-Bid Meeting: A pre-bid meeting for providing clarifications to the bidders will be held OFF-
LINE unless specified otherwise, on the date and time specified in the Notice Inviting Tender(NIT)
of the Tender document. Bidders participating in this Tender and who have enrolled in our e-portal
(https://etenders.gov.in ) can login and participate in the pre-bid meeting.. Bidders are requested to
send their queries -both Technical and Commercial in advance to the e-mail addresses provided in
NIT([email protected]); within the due date and time prescribed for their submission (which
would be at least three days, prior to date of pre-bid meeting, unless specified otherwise in ITT or
NIT) as stipulated under the NIT. Queries / clarification / information sought in any other manner
shall be ignored. In addition to pre-bid conversation history any offline queries / clarifications /
information will be uploaded in the e-portal against the particular Tender ID under tab „Pre-Bid‟.
Any modification to the Tender, which may become necessary as a result of the pre-bid meeting,
will be uploaded in the CPP portal against the particular Tender ID. Bidders are requested to update
themselves by visiting CPP e-portal (https://etenders.gov.in) frequently. It may be noted that no
queries will be entertained after the expiry of pre-bid meeting. Accordingly, it is requested that
bidder along with their associates shall take part in the pre-bid meeting to ensure that tender
requirements are clearly understood by all the stakeholders.
4.5 Amendments to Tender documents: The Purchaser reserves the right to issue any
amendments, corrigendum, clarifications, etc. to the Tender, giving reasonable time, prior to the last
date and time of online bid submission. Such amendments, clarifications etc., shall be given due
considerations by the bidders while they submit their bids.
Bidders are requested to update themselves on our e-portal (https://etenders.gov.in) the details such
as pre-bid clarifications, corrigenda, addenda and other documents forming a part of the subject
Tender, before submission of their e-bid.
5.1 All e-bids shall be made in ENGLISH in the prescribed form attached. E-Bids submitted in any
language other than ENGLISH must be accompanied by ENGLISH translation. Any printed
literature submitted with the e-bid in any other language shall be accompanied by authenticated
English translation and for interpretation the English version shall govern.
5.2 All tenders in response to this invitation shall be submitted in TWO PARTS and in different e-
envelopes provided for them. All Technical specifications and technical details along with
commercial terms and conditions (except price) shall be included only in Part-I of the e-bid, which
is herein after, referred to as Part-I (Technical and Commercial e-bid except price). It shall
comprise of two sections namely Technical Section and Commercial Section and both the sections
shall be submitted Online only. The first e-Envelope i.e., Part-I shall comprise of two sections
namely Technical Section and Commercial Section in the form of “On-line Bidding Forms” and all
these Bidding Forms shall be filled and Tenderers are required to upload the relevant/required
documents/catalogues/drawings only in Part-I (Technical and Commercial E-bid except price) e-
Envelope. The second e-Envelope i.e., Part-II (Price e-Bid) comprising of price and schedule of
quantity of items shall be submitted in Part-II (Price e-Bid) e-Envelope only.
5.3 a) Technical section of Part-I (Technical & Commercial e-bid except price) e-bid should
contain/include only technical specifications, technical details, literature, references of earlier
supplies of similar equipment, drawings, quantity, time required for submission and approval of
drawings, manufacturing and delivery schedule, inspection/testing procedures etc. Itemised list of
spares and quantity recommended by the tenderer for purchase should also be included in Part-I
(Technical & Commercial bid except price) of the e-bid without their price details. However, the
itemized price of spare parts should be furnished only in Part-II (price e-bid).
5.3 b) Part-I (Technical & Commercial e-bid except price) should be submitted in accordance with the
format provided by the Purchaser at Section “D” of this tender document. If any deviation or
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Invitation To Tender and Tendering Conditions for EPC Contracts
substitution from the technical specifications contained in Section “C” to this tender document is
involved, such details should be clearly indicated in Part I (Technical & Commercial e-bid except
price) and should be added as Appendix-A of bidding form of Part I e-Envelope, or otherwise it
shall be an admission on the part of the bidder that he will supply the equipment as specified by the
purchaser. However, bidders may note that deviations or substitutions from the technical
specifications may lead to rejection of their bid.
5.3 c) The bidder shall upload all drawings pertaining to the plant / machinery / equipment / component to
the purchaser along with their Part-I e-bid for correct understanding and appreciation of the tender.
Bidder‟s drawings will form part of the purchase order/contract only after these are approved by the
purchaser.
5.4 Commercial Section of Part-I (Technical & Commercial E-bid except price) e-bid should contain
bidder‟s specific confirmation regarding compliance of all commercial terms and conditions of the
Tender as per ITT (Section-A), General Conditions of Contract, Special Conditions of Contract
(Section B) and Section „E‟ notes (if applicable). The Bidders, in addition, should mention
applicability of Statutory Levies like Goods and Services Tax (CGST / SGST / UTGST / IGST) etc.
and all other related information. All input tax credit benefits available to Indian manufacturers /
dealers / contractors, etc, shall, however, be taken into consideration in quoted prices and the
Bidder shall pass on the benefits to the Purchaser.
5.5 Part II (Price e-Bid) should be furnished as per Section “E” of the tender document in the e-
envelope made available on-line. The bidder will co-relate the price and quantity schedule of items
in PART II (Price e-bid) of the tender with the description of plant/machinery/equipment/
component indicated in Part I (Technical & Commercial e-bid except price) by allotting a running
serial number in order to enable the Purchaser to identify the prices with the relative items in Part I
(Technical & Commercial e-bid except price).
5.6 The system will not allow submitting e-Bids beyond the stipulated due date and time. Therefore, the
bidder shall ensure the submission of e-Bids well within the stipulated due date and time.
5.7 Notwithstanding anything contained herein, for the tenders where Integrity Pact (IP) & Integrity
Pact Security (IPBG or Demand Draft) are applicable (refer clause 2.6 above), the same shall be
submitted in ORIGINAL by stipulated due date and time for submission of tender. The IP and
IPBG shall be submitted in a SEPERATE SEALED envelope. This envelope will be opened first to
verify compliance towards IP & IP Security submission.
5.8 The bidders, while submitting the e-Bid are required to upload all supporting documents /
information necessary for establishing their qualification in Part I (Technical and
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Invitation To Tender and Tendering Conditions for EPC Contracts
Commercial E- Bid except Price) e-Envelope only on the e-portal. Failure to comply with
this requirement may lead to rejection of the e-bid.
5.9 The Part-I (Technical & Commercial e-bid except price) shall be submitted in the e-envelope
provided for it‟s submission in the system. The bidder shall take special care not to mix-up price
details with the Part-I (Technical & Commercial e-bid except price) and vice versa. Any violation
of these conditions may lead to rejection of the bid.
5.10 Similarly the Part-II (Price Bid) shall be submitted in the e-ENVELOPE provided for it‟s submission in
the system.
(i) The bidder shall upload the details in a separate sheet to be annexed to their bid, furnish in case
he is a partnership firm or Joint Hindu Family concern, the names and full particulars of the
partner or the member of the Joint Hindu Family owing the concern. The e-Bids must be
digitally signed by the authorised representative of the firm and the document/s regarding
authorisation shall be uploaded in the Part I e-Bid. The original of such documents are required
to be furnished when sought by the Purchaser and in case of failure to do so, will make such
bid liable to be rejected. The e-Bid must be digitally signed:
(a) In the event of the bidder being a sole proprietary concern by the sole proprietor or by
constituted attorney duly authorized to enter into and sign agreement on his behalf,
including agreement to refer disputes arising under or relating to such agreements to
arbitration by power of attorney signed by the proprietor and authenticated by a Notary
Public or Magistrate.
(b) In the event of the bidder being a partnership firm, by all partners or by a constituted
attorney duly authorized to enter into and sign agreements on behalf of the partnership firm
including agreements to refer disputes arising under or relating to such agreements to
arbitration by a power of attorney duly executed by all the partners and authenticated by
Notary Public or a Magistrate.
(c) In the event of the bidder being a Hindu Joint Family concern by the Karta of the Joint
Family when the bid is signed by a constituted attorney of the sole proprietor of a concern
or when the bid is signed on behalf of the firms by a constituted attorney of its partners as
provided in sub clause (a) and (b) above, then original power of attorney appointing him as
such constituted attorney shall be supplied with the bid or if a bid is executed on behalf of a
limited company but its constituted attorney as provided in sub cases (c) above, the original
power of attorney along with the resolution (if required under its Articles of Association)
authorizing the affixation of its common seal on the power of attorney and a copy of its
Articles of Association shall be supplied with the bid. If however, the power of attorney has
been previously furnished to and approved by the purchaser, the contractor need not send
the same with the bid.
The bidder shall submit along with PART I (Technical & Commercial e-bid except price) of
their bid, the name and address of his bankers and the Income Tax Permanent Account Number
(PAN), GSTIN etc. Further, if the bidders are registered with Directorate of Purchase & Stores,
Department of Atomic Energy (DAE) as an approved supplier, they shall indicate in PART I
(Technical & Commercial e-bid except price) such registration number, date and its validity
date in part I e-envelope.
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6 Bidder’s Past Safety Record and Proposed Safety Program for the Tender:
7 Opening of Tenders
7.1 Unless otherwise advanced or postponed with advance intimation to the bidders, tenders will be
opened on-line at NPCIL E-Tendering Web site i.e., https://etenders.gov.in in Two stages as
indicated at ITT clause nos. 2.0 and 3.0 of the Instruction Sheet of this tender document as per
schedule indicated in Tender Document.
7.2 For the tenders where Integrity Pact (IP) & Integrity Pact Security (IPBG or Demand Draft)
are applicable, the envelope containing ORIGINAL IP and IPBG will be opened first to
verify compliance towards IP & IP Security submission.
7.3 Part-I (Technical and Commercial e-Bid except price) will be opened on-line and only the names of
Participating bidders will be made available for all the participating bidders.
7.4 Part-II (Price e-bid) will be opened online only for the technically and commercially acceptable
bidders (based on Part-I evaluation). Subsequent to the opening, details of the Part-II bids opened
can be seen by the bidders whose Part-I (Technical and Commercial e-Bid except price) bids are
qualified.
8.1 It must be clearly understood that any contract concluded pursuant to invitation to this tender shall
be governed by the General Conditions of Contract and Special Conditions of Contract given in
Section B of this tender document. Tenderers must, therefore, take special care to go through these
conditions of the contract. Tenders made subject to counter conditions or with deviations from
the General Conditions of the Contract / Special Conditions of Contract (SECTION B) of this
tender document are liable to be rejected.
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Invitation To Tender and Tendering Conditions for EPC Contracts
10.1 Routine Test, Special tests, Type Test, Special Type Tests, Seismic Qualifications/Testing
10.1.1 The bidder is required to perform the above tests as specified in the Technical Specification. As
regards Type Tests, Submission of valid Type Test Certificate of previous tests may be considered
in lieu of performing the tests, as provided in Technical Specifications.
10.1.2 a) Price for supply of items shall include charges for all Routine Test, Type tests etc. No charges
for these tests shall be claimed/ paid separately.
b) Charges for Special Type Tests, Seismic Qualification/Testing shall not be included in the
price of the items and shall be quoted/ claimed separately.
10.2.1 Bidders shall also furnish the prices of essential accessories, optional accessories and spares
necessary for satisfactory operation of the plant / machinery / equipment / component,
as specified in the Section C: Technical Specifications and Section E: Format for submission of
Part-II ( Price Bid) of Tender.
10.2.2 The prices for accessories and spares shall be itemized. E-Bids where only lump sum prices are
indicated are liable to be ignored. Particular care must be taken to list out each item of spare and
quantity recommended and also the individual price for these items in Part II (Price e-bid).
However, a list of spares and accessories without the price should be included in PART I
(Technical & Commercial e-bid except price).
10.3.1 The bidder shall furnish percentage wise split of the total summary price quoted for the Package
between supply portion and site work (erection & commissioning and other services) portion, in the
Part-I e-Bid. It must be clearly understood that only percentage figure for supply and site work
(erection & commissioning and other Services) need to be indicated in Part-I e-Bid and actual price
should only be in Part-II e-Bid. Bidders should refer to Sr. No. 5.8 above regarding advance
implication of mixing Price details with Part-I e-Bid.
11 Delivery
11.1 The entire scope covering Supply, Erection, commissioning and testing of complete 1700
KWp ground mounted grid connected solar power plant, with string inverters, JBs,
MMS, Earthing & lightning protection (LA) system, area lighting items, cables,
outdoor ACDBs, outdoor DCDBs, outdoor LT-HT panels, outdoor step up
transformer, 11 KV line shifting materials complete in all aspects with all the
accessories and tools & tackles. Scope includes 11 KV line shifting and civil works
involving jungle clearing, ground leveling, GI chain link fencing on PCC-RCC poles
and construction of equipment foundation. (Note: Scope also includes supply of
materials required to do the civil jobs). This scope shall be completed within Six (6)
Months from the date of issue of PO.
Operation and Maintenance of 1700 kWp solar power plant consisting of solar PV
modules, string inverters, HT-LT panels/cables, transformer, 11 KV line and
metering. The scope also includes repair/replacement of respective equipment which
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NUCLEAR POWER CORPORATION OF INDIA LIMITED
Invitation To Tender and Tendering Conditions for EPC Contracts
is under OEM warranty. (Starting from the date of operational acceptance) (20 Qtr).
The O&M Contract shall be for a period of 5 Years starting from the date of
operational acceptance.
Milestone chart for detailed manufacturing schedule leading to delivery shall be submitted along
with Part-I (Technical & Commercial bid except price). Tenderers should note that their e-bid may
not be considered by the purchaser unless the bidders can meet the delivery schedule specified by
the purchaser.
11.2 The stores shall be transported to the purchaser‟s site directly without any transhipment en-route, in
case of transportation by sea and road. In case of transportation through railways/waterways also
the transhipment is generally not allowed. However, transhipment may be allowed at the discretion
of the Purchaser for which the contractor needs to explain the need for transhipment and take
Purchaser‟s prior approval.
12.0 Evaluation of Part-I e-Bid (Technical and Commercial except price e-Bid)
12.1 The tenders of such bidders who meet the qualifying requirements stipulated in the tender
documents (such as Technical qualification, experience and financial criteria) shall only be
considered for detailed techno-commercial evaluation. Detailed techno-commercial evaluation will
take into account the financial and technical capabilities as well as such other criteria deemed
necessary and appropriate. In addition, the concurrent commitments of the bidders shall also be
taken into account while assessing their capability for executing this contract.
12.2 Clarifications Regarding Part-I (Technical And Commercial e-Bid Except Price)
12.2.1 After opening of the Part-I (Technical & Commercial bid except price) of the tender, if it becomes
necessary for the purchaser to seek clarifications from the bidders regarding technical and
commercial terms and conditions of the tender, the same will be sought from the bidders. In such an
event, the bidder will furnish all the technical and commercial information/clarification in the duly
sealed envelope to reach Project Director, Gorakhpur Haryana Anu Vidyut Pariyojana,
Nuclear Power Corporation of India Ltd. at the address given in Sr. No. 1 of the Instruction
Sheet, on or before the date and time fixed for submission of such clarifications by Project
Director, Gorakhpur Haryana Anu Vidyut Pariyojana, Nuclear Power Corporation of
India Ltd. or his authorized representative. If the technical and commercial clarifications sought
for, do not reach on or before the due date and time fixed, the tenders are liable to be rejected
without any further notice.
12.2.2 The Purchaser‟s representative will visit the works / office of the bidder and hold discussion with
bidder‟s representative on the offer. Discussion will be held on the various aspects of the offer,
including the deviations, if any, vis-à-vis tender requirements. Following aspects would be the
points of discussion / review:
Bidder
i) In-house manufacturing facility
ii) Financial strength
iii) QA System
iv) Project Planning & execution capability
v) Experience of similar work done
vi) Machineries required for erection
vii) Provision for deputing personnel for construction, QA and safety at Site.
viii) Manpower for all the above activities
ix) Deviation from technical and commercial conditions, if any
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NUCLEAR POWER CORPORATION OF INDIA LIMITED
Invitation To Tender and Tendering Conditions for EPC Contracts
Sub-Contractor
i) Manufacturing Facility
ii) QA System
iii) Experience
iv) Manpower
v) Compliance with NPCIL technical requirements
The above list is not exhaustive. Alteration / deletion / addition of the points can take place
depending on the nature of the package.
Both the bidder and the sub-contractor shall be required to sign joint Minutes of Meeting
confirming their respective roles and responsibilities.
Purpose of holding these discussion is to ensure that the bidder or its sub-vendors understand the
tender requirements fully and unambiguously. Also, the purchaser‟s representative will evaluate the
facilities of the bidder and its sub-vendors, by visiting their premises, as regards their capability to
meet the tender requirements.
12.2.3 In case bidder or its sub-vendors make any alternative suggestions with respect to the tender
requirements, the same will be discussed and noted for further evaluation by the purchaser.
12.2.4 In the event of differences in commercial terms and conditions quoted by various bidders, the
purchaser may resort to commercial discussions to bring all the bidders to common level of
commercial terms and conditions. The purchaser reserves the right to reject any tender which is
not meeting the commercial terms and conditions as given in the section B of the tender
and/or any such modified terms and conditions as may be finalised by the purchaser and
communicated to all techno-commercially qualified bidders at the end of Part – I evaluation,
as the case may be, without making any further reference to the bidder.
12.2.5 Irrespective of whether clarifications are sought for from any of the bidders or otherwise, the
bidders will be free to have discussions with the Purchaser concerning the scope / details of tender
etc., if they so consider necessary. For this, the bidders should send specific request for arranging
meeting, to Project Director, Gorakhpur Haryana Anu Vidyut Pariyojana, Nuclear Power
Corporation of India Ltd. at the address given in Sr. No. 1 of the Instruction Sheet.
12.2.6 Based on the technical and commercial clarifications and confirmation, visits to bidders/
subcontractors work / facilities and discussions as required, Purchaser may allow some common
technical or commercial deviations as the case may be and forward the list of such accepted
deviation to Tender Conditions, after finalization of Part-I evaluation, to all bidder‟s whose Part-I
bid will have been found acceptable.
12.2.7 The bidders in general shall not have the option of revising the PRICE e-BID, unless it is
approved by the Purchaser. The Purchaser shall based on the clarification/ confirmations,
discussions held and alternatives proposed by the bidders during Part-I evaluation, may
communicate common acceptable deviation all the bidders whose Part –I e-bid is acceptable
subject to such common acceptable deviations and authorize the option for revising the PRICE e-
BID, to the extent of such common acceptable deviations, to all the bidders. Any change in price
effected by the bidders, justifications for such changes are to be furnished with the break up of
change in price applicable. The revised/add-on e-Bid should contain only the revised portion
sought for and submitted in the e-Envelope made available and as per the instructions provided for
the same. For evaluation, the original and the revised bids shall be considered either together or
only the revised bids as the case may be.
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Invitation To Tender and Tendering Conditions for EPC Contracts
12.2.8 All technical and commercial aspects pertaining to Part I (Technical and Commercial e-bid except
price) of the tender will be finalised prior to opening of Part II (Price e-bid) and no change in this
regard shall be accepted after opening of Part II (Price e-bid).
12.2.9 All Clarifications/ Confirmations regarding the tender and offer of the Bidder, during pre-bid and
bid evaluation stages shall be addressed exclusively to Project Director, Gorakhpur Haryana
Anu Vidyut Pariyojana, Nuclear Power Corporation of India Ltd., Vill & P.O.
Gorakhpur, Teh: Bhuna, Distt: Fatehabad, Haryana – 125047
The Part-II e-Bid of only such bidders whose Part-I e-Bids are found acceptable will be opened
online at NPCIL‟s e-tendering portal https://etenders.gov.in Due date and time for opening of the
Part-II e-Bids will be decided by the Purchaser and the same shall be made available only to such
Tenderers, whose e-Bids are found acceptable in Part-I, to enable them to view the Price Bids on-
line at https://etenders.gov.in
14 Validity of e-Bids
e-Bids shall be kept valid for acceptance for a period of 120 (one hundred and twenty) days from
the date of opening of PART II (Price e-bid) of the tender. E-Bids with shorter validity period will
be liable for rejection.
15.1 The price adjustment provisions as indicated in para 8.0 above, shall not be taken into account for
evaluation of offers. Bid evaluation will be done based on the total of Summary Prices which are
inclusive of GST and all other indirect taxes and duties for supply of items and site work portion as
per Section E of the Tender document. To facilitate the evaluation and comparison of prices, all bid
prices expressed in foreign currency will be converted into Indian Rupees at Bills Selling exchange
rates (as established by State Bank of India) applicable on the day seven days prior to due date of
submission of both Part – I (Technical & Commercial Except Price) and Part – II (Price Bid). If the
day seven days prior to due date of submission of bid happens to be a holiday, the exchange rates of
next working day will be considered. For items sourced from abroad and directly delivered to the
Purchaser‟s site, wherever the ocean/air freight and marine insurance to the port of the Purchaser‟s
country are not quoted then, 11% of FOB prices will be considered towards ocean/air freight and
marine insurance to arrive at CIF prices. In the event the actual cost towards local transportation
and other services including customs clearance, port handling, inland transit insurance etc. in India
are not quoted as required, the charges towards the same will be considered as 1 ½% of CIF Value
for items and materials supplied from abroad and delivered directly to the project site from Indian
port of entry. Applicable IGST if not quoted will be loaded to arrive at the final price for the
purpose of evaluation in case of unregistered parties.
15.2 For Tender where Fiscal Concessions as per SCC are available/ applicable, the following shall
apply:
(a) For evaluation and comparison of bids, a price preference at 15% would be given to the
domestically manufactured capital goods. For this purpose, the bid price of the bidders
would be increased by 15% of all such CIF components contained in their price bid
including the CIF component of the imported raw materials/ components required for
manufacture of indigenous items. No exchange rate variation is allowed towards the value
of imported raw materials and components included in the Indigenous items. For the
purposes of 15% loading as above, the base exchange rates shall be Bills Selling exchange
rates (as established by State Bank of India) applicable on the day seven days prior to due
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Invitation To Tender and Tendering Conditions for EPC Contracts
date of submission of bid. [Both Part-I (Technical & Commercial Except Price) and Part-II
(Price Bid)]. If the day seven days prior to due date of submission of bid happens to be a
holiday, the exchange rate of next working day will be considered.
(b) Further the charges for expatriate supervision for erection and commissioning quoted in
foreign currency will not be loaded by 15%.
(c) IGST applicable on the import of finished goods which are to be delivered directly to the
Purchaser‟s site from the port of import shall be indicated by the Bidder. This IGST will be
considered for the purpose of evaluation of the bids.
15.3 The value of mandatory spares will be considered for the bid evaluation as per Section – E of the
Tender. Recommended spares will not be included for bid evaluation.
15.4 The bid evaluation will be done in conjunction with the Section: E of the Tender.
15.5.1 Purchase Preference will be given to eligible bidders in accordance with the “Public Procurement
(preference to make in India) Order 2017” issued by Department of Industrial Policy and
Promotion(now Department for Promotion of Industry and Internal Trade, DPIIT), Ministry of
Commerce and Industry, Government of India vide No - P-45021/2/2017-PP (B.E.-II) dated
15/06/2017, as amended from time to time and as applicable on the date of submission of tender,
herein after referred as “PPP-MII Order 2017”. The minimum local content for the items covered
under this tender shall be as per nodal Ministry‟s Order in this regard. The margin of purchase
preference and procedure of purchase preference shall be as specified in the “PPP-MII Order 2017”.
The items under this tender are divisible/ non divisible.
16 Acceptance of e-Bids
16.1 The Purchaser reserves the right to accept or reject, lowest / any / all e-bid(s), in whole or in part,
without assigning any reasons whatsoever and without any liability to the Purchaser. The bidder not
withstanding that his bid has not been accepted in whole shall be bound to supply the Purchaser,
such item or items and such portion or portions of one or more items, as may be accepted by the
Purchaser.
16.2 Acceptance of e-bids by the purchaser may be sent by priced Letter of Intent / Purchase Order /
Contract within the validity of the bid. In case of such Letter of Intent, the bidder whose bid is
accepted and who is herein after referred to as contractor will proceed with the execution of the
contract on the basis of such advance acceptance of e-bid without waiting for a formal purchase
order/contract and will be responsible to seek and obtain whatever clarifications that are necessary
from the purchaser to proceed with the execution of the contract and contractual delivery period
will be reckoned from the date of such Letter of Intent.
16.3 Unsuccessful bidder will not be informed of the result of their e-bids.
17.1 Contracts / purchase orders to be entered into with the successful bidders are proposed as under:
First contract : For supply of both indigenous and imported material in quoted currency
as per the GCC/ EPC-4/R-4 clause No. 5.3: Currency of Payment. The
incidental services portion of Ocean/ air freight, Marine Insurance, Port
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NUCLEAR POWER CORPORATION OF INDIA LIMITED
Invitation To Tender and Tendering Conditions for EPC Contracts
Second contract : For civil works, erection and commissioning and for providing all
services at site including site storage, handling, loading / unloading,
transportation etc. in Indian Rupees. Expatriate Field labour component,
if called for erection and commissioning work, will be in foreign
currency.
17.2 The main contractor will be responsible for total scope of work for all the above contracts and
breach of any one contract will construe breach of the other contract(s).
19 Canvassing
19.1 Canvassing in any form with regard to this tender will lead to rejection of the bid.
20.1 NPCIL requires that bidders / suppliers / contractors under this contract, observe the highest
standard of ethics during the procurement and execution of this contract. In pursuance of this
policy, NPCIL:
(a) defines, for the purpose of these provisions, the terms set forth below as follows:
(i) “corrupt practice” means the offering, giving, receiving or soliciting of any thing of
value to influence the action of a public official in the procurement process or in
contract execution; and
(ii) “fraudulent practice” means a misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of NPCIL, and
includes collusive practice among Bidders (prior to or after bid submission) designed to
establish bid prices at artificial non-competitive levels and to deprive NPCIL of the
benefits of free and open competition.
(b) will reject a proposal for award of work if it determines that the Bidder recommended for
award has engaged in corrupt or fraudulent practices in competing for the contract in
question.
(c) will declare a Bidder ineligible, either indefinitely or for a stated period of time, to be
awarded a contract / contracts if at any time it determines that the Bidder has engaged in
corrupt or fraudulent practices in competing for, or in executing, the contract.
The business dealing with the Contractor shall be liable for banning, on account of the reasons
attributable to them, which shall include, but not limited to the following:
21.1.3. If any of the owner, proprietor or partner of the Contractor, is convicted by a court of law,
during bidding process or currency of the contract, for offences involving corrupt and fraudulent
practices including misrepresentation of the facts, moral turpitude in relation to its business
dealings with NPCIL.
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NUCLEAR POWER CORPORATION OF INDIA LIMITED
Invitation To Tender and Tendering Conditions for EPC Contracts
21.1.4. Malafide /unlawful acts /malpractices or improper conduct on part of Contractor based on the
approved findings of the Investigation agency.
21.1.5. If the Contractor misuses the premises or facilities of the NPCIL forcefully occupies, tampers or
damages the Company properties etc. or fails to vacate the properties/land/complex within
reasonable time limit as specified or even after receiving the notices from the department.
21.1.6. Security concerns for the assets of the Corporation and State.
21.1.7. Submission of bids that contain false information or falsified documents or the concealment of
such information in the bids in order to influence the outcome of eligibility screening or /at any
other stage of public bidding and execution.
21.1.8. Withdrawal of a bid or refusal to accept an award of contract with the NPCIL without justifiable
cause, after being adjudged as the successful bidder.
21.2.1. NPCIL will issue Show Cause Notice to the Contractor on noticing/receipt of a complaint of any
irregularities and /or misconduct and /or unethical practice as mentioned in clause no. 21.1.
21.2.2. Upon receipt of Show cause notice, the Contractor is required to submit the reply to Show Cause
Notice within 30 days of its receipt and no extension shall be given without justifiable reasons.
The Contractor shall also be given an opportunity for oral hearing to present the case in person
to NPCIL and the date of Oral Hearing will be indicated in the Show Cause Notice. Only the
regular employees of Contractor will be permitted to represent the Contractor during the Oral
hearing, and no outsider shall be allowed to represent the Contractor on their behalf.
The period of banning shall be for a period of three years or as considered appropriate by NPCIL in
the first instance and for a period up to five years for repeated instances.
In case NPCIL has banned the business dealing with the bidder/contractor, the following shall be
the consequences on issuance of the order of banning of business dealings with the
bidder/contractor:-
21.4.1. The bidder shall not be allowed to participate in any future tender enquiry. If the bidder has
already participated in tender process and the price bids are not opened, his techno-commercial
bid will be rejected and price bid will be kept unopened. In cases, where the price bids of bidder
have been opened prior to the order of banning, such bids shall be rejected.
21.4.2. The bidder shall not be permitted to participate in any business process in any form or entity i.e.
as Associate/Collaborator/Joint Venture Partner/Consortium Partner of the Main Contractor
even if the banning order is passed subsequent to opening of Part-I bids.
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NUCLEAR POWER CORPORATION OF INDIA LIMITED
Invitation To Tender and Tendering Conditions for EPC Contracts
21.4.3. The bidder shall not be allowed to participate as Sub-Vendor/sub-contractor in the tenders for
contracts for works, service and supplies.
21.4.4. Even if, the banned contractor is an approved sub-vendor under any Contract for such
equipment/component/service, the Main contractor shall not be permitted to place work
order/Purchase order/Service contract on the banned contractor as a sub-vendor after the date of
banning even though the name of the party has been approved as a sub-vendor prior to the order
of banning.
21.4.5. The completion certificate issued to the contractor shall make a mention regarding banning
during execution of the contract.
21.4.6. Banned bidder shall not be permitted to submit the bid. The bid submitted by the banned bidder
shall be summarily rejected.
22 Civil Liability for Nuclear Damages (CLND) Act 2010 & Rule 2011 thereof:
Subsequent to the enactment of CLND Act 2010 and Rule 2011, the Purchaser shall have Right to
Recourse against the contractor in accordance with provisions under Section 17(a) of Civil Liability
for Nuclear Damage Act, 2010, as referred in GCC.
To have clarity on the terms used in the CLND Act 2010 and Rule 2011 pertaining to Right to
Recourse, following definition to be considered by the bidder before submission of bids.
Explanation w.r.t. GCC: In case of supply of equipment(s), PLP shall be the Defect
Liability Period plus contractual Latent Defect Liability Period, where as in case of
services, PLP shall be up to Defect Liability period as defined in applicable GCC.
iv. “Initial License” (Refer CLND Rule 24-2): The initial license, unless otherwise
specified, is valid for a period of five years from the date of its issue by AERB.
23 Disclosures
23.1 Any change in the constitution of the contractor‟s firm, where it is a partnership firm, joint venture
or consortium partnerships as declared in the e-bid should be disclosed to NPCIL, at any time
between the submission of e-bids and the signing of the contract. The same shall be disclosed
during the currency as per the GCC clause no. 1.11.2 (Changes in Constitution).
______________**______________
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QUALIFYING REQUIREMENT Appendix-X
As per MNRE circular, bidder shall offer the latest (as on bid opening date) MNRE
approved PV modules only.
If the bidder itself is listed in the latest ALMM list of MNRE .i.e., if bidder is OEM
itself, declaration of model no. of the PV module, by themselves, shall suffice.
The Bidder should have executed contracts for similar nature of work during last ten
10 years as on bid due date.
i. In addition to above, the bidder shall have satisfactorily completed one of the
following:
a) A single contract order (for similar nature of work) of value not less than
Rs 8.05 Crores, during last ten (10) years as on bid due date,
OR
b) Two (2) contracts (for similar nature of work) each of order value not less
than Rs 5.36 Crores, during last ten (10) years as on bid due date,
OR
c) Three (3) contracts (for similar nature of work) each of order value not less
than Rs 4.02 Crores, during last ten (10) years as on bid due date.
1|Page
QUALIFYING REQUIREMENT Appendix-X
Bidder shall furnish above information along with the bid in respective format given
in the tender.
Note:-
The minimum annual average financial turnover of the bidder during the last three
years, ending on 31st march of the previous financial years, should be not less than Rs.
67.12 Crores.
In case the date of constitution/incorporation of the bidders is less than 3 year old, the
average turnover in respect of the completed financial years after the date of
constitution shall be taken into account for this criteria.
Note:-
2|Page
QUALIFYING REQUIREMENT Appendix-X
Only Class-I Local suppliers with minimum Local Content as 50 % as per MII order
dated 16.09.2020 will be eligible to bid against this tender. (Please refer Annexure Z
for details).
“Net worth of the Bidder as per the latest audited financial year previous to the one
in which tender sale has been commenced as published on e-tendering portal shall
not be less than the Paid-up Equity Share Capital and also shall not be less than the
Rs. 13.42 crores.”
7.) Relaxation:
All start-ups falling within the definition as per Gazette notification GSR 501 (E), dated
23-5-2017 are exempted from meeting the qualification criteria in respect of Prior
Experience – Prior Turnover (Sr. No. 3 and 4) subject to their meeting of quality and
technical specification. However, the bidder is required to upload the “Certificate of
Recognition” issued by Department of Industrial Policy and Promotion.
The Qualifying requirements are applicable for MSE bidders.
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QUALIFYING REQUIREMENT Appendix-X
Annexure-Z
Department for Promotion of Industry and Internal Trade, Government of India, issued
Revised Public Procurement (Preference to Make in India) order 2017 on 16th September
2020 [P-45021/2/2017-PP (BE-II)] and as amended from time to time.
As per the provisions of the above referred order following preferences will be extended to
the prospective vendors against this tender. (You may refer the above order for definitions):
As per above refereed order, it shall be 50% for Class-I Local Supplier-I.
Eligibility:
Only Class-I Local suppliers with minimum Local Content as 50 % as per MII order
dated 16.09.2020 will be eligible to bid against this tender.
Class-II Local Supplier and Non - Local suppliers as per MII order dated 16.09.2020
are not eligible to participate against this tender.
a. The „Class-I local supplier‟‟ shall be required to provide a certificate from the
statutory auditor or cost auditor of the company (in the case of companies) or
from a practicing cost accountant or practicing chartered accountant (in
respect of suppliers other than companies) giving the percentage of local
content.
b. 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 preference under the aforesaid procedures for duration of the
debarment. The local supplier shall be required to furnish a confirmation in
this regard in the relevant attachment along with Part-I (Techno Commercial)
Bid.
4|Page
Annexure-Z
Date:
(Charted/cost Accountant)
UDIN:
Tender No. GHAVP/CMM/Electrical/1044
Appendix-Y
FORMAT FOR RAISING TECHNICAL & COMMERCIAL QUERIES BY THE BIDDER FOR PRE-BID MEETING
NAME OF QUERY TENDER REFERENCE REFERENCE DRAWING/ DESCRIPTION RESPONSE FROM NPCIL
THE No. SECTION CLAUSE NO. TECHNICAL SPECIFICATION No/ OF THE
BIDDER INSTRUMENTATION SHEET No / QUERY
DATA SHEET No.
1 2 3 4 5 6 7
Operation and Maintenance of 1700 kWp solar power plant consisting of solar PV modules,
string inverters, HT-LT panels/cables, transformer, 11 KV line and metering. The scope also
includes repair/replacement of respective equipment which is under OEM warranty. (Starting
from the date of operational acceptance) (20 Qtr)” we
__________________________________ (Name of The Bank), (hereinafter referred to as
the Bank), do hereby undertaken to pay to the Purchaser on demand within 3 (three) working
days without any demur and without seeking any reasons whatsoever, an amount not
exceeding Rs 10,00,000/- (Rupees Ten Lakh) OR any other currencies as specified in the
tender document and the guarantee will remain valid for 5 years from the date of its issuance
i.e., __________________(date). The Integrity Pact Bank Guarantee shall be extended from
time to time as required by the Purchaser.
We undertake not to revoke this guarantee during this period except with the previous
consent of the Purchaser in writing and we further agree that our liability under the Guarantee
shall not be discharged by any variation in the term of the commercial offer.
No interest shall be payable by the Purchaser to the Contractor on the guarantee for the period
of its currency.
Dated this_______________day of ____________________2023
CONTRACTS - GCC/EPC-4/R-4
(Indigenous
(Global Tender Tender
with NPCIL with Lumpsum
Engineered Package)
Systems)
EPC-04
FORM NO. GCC/EPC-4/Rev.4
23/06/2020
GCC/EPC-4/R-4
PLACED BY
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)
Preamble
1.1 The scope of the Contract shall be design, engineering, manufacture, transportation, supply, inspection,
test, erect and commission, as the case may be, of the Stores, plants, materials, components, equipment,
machineries, instruments, appliances and accessories, in accordance with the technical specifications
and drawings of the Contract documents.
1.2 The General Conditions of Contract (GCC/EPC-4/R-4) shall form a part of the Contract.
1.3 In case of any variance between the terms and conditions of the General Conditions of Contract
(GCC/EPC-4/R-4) and the conditions as may be stipulated in the Contract, the latter shall prevail to the
extent applicable.
1.4 All the rights, discretion and powers of the Purchaser under the Contract shall be exercised by the
Purchaser through written communications, which shall be given by the Executive Director, Directorate
of Contracts and Materials Management or other officers authorised by him for and on behalf of the
Purchaser.
NUCLEAR POWER CORPORATION OF INDIA LIMITED
General Conditions of Contract for Engineering, Procurement and Construction Contracts
INDEX
Contents Page No.
1. General Provisions 6
1.1 Definitions
1.2 Interpretations
1.3 Communications
1.4 Language
1.5 Governing Law
1.6 Jurisdiction
1.7 Priority of Documents
1.8 Contractor’s Documents
1.9 Purchaser’s Documents
1.10 Confidentiality
1.11 Consortium / Joint Venture / Partnership
1.12 Country of Origin
1.13 Independent Contracts
2 The Purchaser 13
2.1 Accuracy of Information
2.2 Permit, Licences or Approvals
2.3 Free Issue
2.4 Purchaser’s Representatives
3 The Contractor 14
3.1 General Obligations
3.2 Permit, Licences or Approvals
3.3 Compliance with law
3.4 Securities
3.5 Contractor’s Representative
3.6 Sub-contracting
3.7 Subletting or Assignment of Contract
3.8 Quality Assurance
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7 Work Program 49
7.1 Contractor’s Organisation
7.2 Program of Performance
7.3 Work Procedures
7.4 Progress of Performance
7.5 Progress Report
7.6 Hindrances
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11.5 Electricity
11.6 Telecommunication Facilities
11.7 Tools, Plants & Equipments for Site Work
11.8 Supply of Erection & Commissioning Consumables by the Contractor
11.9 Supply of Erection and Commissioning Consumables by the Purchaser
14 Setting Out 75
14.1 Setting Out the Work
14.2 Contractor’s Supervision
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17 Completion of Facilities 85
17.1 Completion of Erection and Pre-commissioning of the Facilities
22 Settlement of Disputes 97
22.1 Settlement by Mutual Consultation
22.2 Arbitration
22.3 General
23 Abbreviations Used 99
List of Annexures
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1 GENERAL PROVISIONS
1.1 Definitions
1.1.1 "Acceptance” shall mean and deemed to include one or more of the following as stipulated in the tender:
a) acceptance of the Stores at Purchaser’s Site after its receipt and due inspection and release of
“Material Receipt Intimation Cum Acceptance Report and Contractor’s Material Receipt Cum Issue
Voucher” (MRICAR – CMRCIV)
b) Where the scope of Contract includes Supply, Erection & Commissioning, acceptance shall mean
issue of Operational Acceptance Certificate as per Annexure-J by the Purchaser after commissioning
and final acceptance of the facilities at Purchaser’s Site.
1.1.2 “Bid” shall mean the tender offer and quotation in response to the Tender Enquiry.
1.1.3 “Change Order" shall mean a written amendment to the existing contract or a new contract from the
Purchaser to the Contractor after the Effective Date of the contract requiring a change in any part of the
Facilities that may involve
a) a change in the scope of work,
b) addition / omission of work, and
c) a change in any of the provision / scope of the contract.
1.1.4 “Completion” shall mean that facilities (or specified part thereof as specified in the Contract) has been
manufactured, supplied, delivered, erected, commissioned, tested in all respects as per technical
specifications of the contract and the facilities or specific parts thereof has been taken over by the
Purchaser.
1.1.5 “Contractor’s Material Receipt Cum Issue Voucher (CMRCIV)” shall mean the document to intimate
receipt of material by the Consignee duly accepted by Engineer-in-Charge and issue of accepted material
in full quantity to the Contractor for storage, installation/ erection by the Contractor.
1.1.6 “Consignee” shall mean the authorised representative or officer of the Purchaser at site to whom the
Stores are required to be delivered in the manner indicated in the Contract.
1.1.7 "Contractor” shall mean firm / company / joint venture / consortium with whom or with which the
purchase order for the supply of Stores / Installation of Facilities is placed and shall be deemed to include
the Contractor’s legal successors and/or assignees (approved by the Purchaser), representatives, heirs,
executors and administrators unless excluded by the Contract.
1.1.8 "Contract" or "Purchase Order" shall mean the communication or document signed for and on behalf
of the Purchaser by an Officer duly authorised confirming the acceptance of Tender or Offer of the
contractor for and on behalf of the Purchaser on the terms and conditions mentioned or referred to in the
said communication and other documents including Tender Document, Terms and Conditions of the
contract and such other documents as may be expressly incorporated in the Contract by reference and all
mutually agreed amendments in writing made to any of them
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1.1.9 “Contractor’s Equipment” shall mean all plants, facilities, equipment, machinery, tools, apparatus,
appliances or other things of any kind required in or for installation, completion, testing and
commissioning of the facilities and for remedying of any defects and deficiencies during defect liability
period, that are to be provided by the contractor, but does not include plant and equipment or other things
intended to form or forming part of the facilities.
1.1.10 “Contractual Delivery Date” shall mean the stipulated date on which the contractor shall attain
‘completion’ of the Facilities, as specified in the purchase order.
1.1.11 “Contractual Mile Stone Date” shall mean the stipulated date on which contractor complete
intermediate mile shall stone of despatch, erection, testing etc. as specified in the Special Conditions of
Contract (SCC) / Purchase Order.
1.1.12 “Contract Price” shall mean the price as specified in “Section A – Item and Price Schedule” of the
Contract subject to such addition and adjustment thereof or deduction there from, as may be made
pursuant to the contract.
1.1.13 “Day” or “Days” shall mean a Gregorian calendar day or days of twenty-four (24) hours each.
1.1.14 “Defect Liability Period” shall mean the period of validity of the warranties given by the contractor
during which the contractor is responsible for defects with respect to the facilities or the relevant part
thereof as provided in GCC clause 6.4 (Defect Liability).
1.1.15 “Effective Date” or "Commencement Date" shall mean the date of issue of Purchase Order on which
the contract shall come into force.
1.1.16 “Engineer-in-charge” shall mean the person appointed by the Purchaser in the manner provided in GCC
clause 2.4 (Purchaser’s Representative) hereof and named as such in the contract.
1.1.17 "Excepted Risks" are the risks due to war, hostilities or warlike operations (whether a state of war be
declared or not), invasion, act of foreign enemy & civil war, rebellion, revolution, insurrection, mutiny,
usurpation of civil or military government, civil commotion, nuclear reaction, nuclear radiation,
radioactive contamination, or any other occurrences that a contractor could not insure against, insofar as
such risks are not normally insurable on the insurance market and are mentioned in the general exclusions
of the policy of insurance taken out under the contract.
1.1.18 “Facilities” shall mean all Plant, Equipment, Tools, and Works to be supplied, erected, tested and
commissioned, as well as all Installation, testing and pre-commissioning / commissioning Services to be
carried out by the Contractor under the contract.
1.1.19 “Fatality” shall mean occurrence of an accident while carrying out the job, leading to the workman
succumbing to injury at the work spot or during course of his treatment.
1.1.20 “GCC” shall mean this General Conditions of the Contract for Engineering, Procurement and
Construction contract hereof.
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1.1.21 “Guarantee Test(s)” shall mean the tests specified in the Technical Specification to be carried out to
ascertain whether Facilities or a specified part thereof is able to attain Functional Guarantees specified in
the Technical Specifications in accordance with the provisions of GCC clause 18.2.
1.1.22 “Head-IS&F” shall mean Senior safety professional of the Purchaser, who is heading the Safety group at
the Site.
1.1.23 “Height work” shall mean a work performed more than 2.5 metre above ground or above stable floor.
1.1.24 “Hazardous work” shall mean a work that poses physical hazard to workman. AERB guidelines dated
11th January, 2005, indicate hazardous work at the Purchaser’s Site.
1.1.25 "Latent Defect" shall mean a defect, inherently lying within the material or arising out of design
deficiency, which do not manifest themselves and/or was not reasonably discoverable during Defect
Liability period.
1.1.26 “Material Receipt Intimation Cum Acceptance Report (MRICAR)” shall mean the document to
intimate arrival of material at the Stores of the Contractor at Site to the Engineer-in-Charge and the
Consignee.
1.1.28 “Quality Surveillance Engineer / Inspector” shall mean any person appointed by or on behalf of the
Purchaser to inspect or carry out quality surveillance on supplies, stores or work under the Contract or any
person deputed by the Quality Surveillance Engineer for the said purpose.
1.1.30 "Party" shall mean Purchaser or Contractor as named in the Contract individually and “Parties” shall
mean Purchaser and Contractor collectively.
1.1.31 "Performance Test" shall mean all operational checks and tests required to determine the performance
parameters including inter-alia capacity, efficiency and operating characteristics of the Stores or Plant and
Equipments or Facilities as specified in the Contract.
1.1.32 “Plant and Equipment” means permanent plant, equipment, machinery, apparatus, systems, articles and
things of all kinds to be provided and incorporated in the Facilities by the Contractor under the Contract
including the spare parts, tools & tackles to be supplied by the Contractor but does not include
Contractor’s Equipment.
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1.1.33 “Project Manager” shall mean the person appointed by the Purchaser in the manner provided in GCC
sub-clause 2.4.2 (Purchaser’s Representatives) hereof and named as such in the Contract.
1.1.34 "Purchaser" shall mean the Nuclear Power Corporation of India Limited, a Government of India
Enterprise acting through Executive Director, Directorate of Contracts & Materials Management.
1.1.35 “Safety Related Deficiency” shall mean an unsafe condition or unsafe act at work location.
1.1.37 “Serious Accident” shall mean an accident resulting in injury to employee(s) while carrying out the job,
making him/her unfit to join the same duty for 21 days or more.
1.1.38 "Shipping Release" shall mean the document issued by the inspector or the inspection agency nominated
by the Purchaser authorising the Contractor to ship the Stores on satisfactory completion of inspection.
1.1.39 “Site” means the land and other places where the Facilities are to be installed, including storage and
working areas, and to which Plant and Equipment / Stores are to be delivered, and any other places as
may be specified in the Contract as forming part of the Site.
1.1.40 "Stores” shall mean and include what the Contractor agreed to supply under the Contract as specified in
the Contract and shall include inter-alia goods and materials, equipment, machinery, components,
instruments, appliances, accessories and plant.
1.1.41 “Sub-contractor” shall mean any person on whom execution of any part of the facilities, including
preparation of any design, or supply of any Stores and Installation Service is subcontracted by the
Contractor and includes its legal successor or permitted assignees, and unless otherwise stated, all the
Sub-contractors and suppliers to such Person and the term Sub-Contract shall be construed accordingly.
1.1.42 “Temporary Works” means all temporary works of every kind (other than Contractor’s Equipment)
required on Site for the execution and completion of the Facilities and the remedying of any defects.
1.1.43 “Willful Misconduct” shall mean that the Contractor has intentionally concealed the defect in full
knowledge of the consequences that may flow from its existence and the defect is one, which the
Purchaser could not have discovered on careful examination of the Plant at the time of Taking Over or
during the Defect Liability Period.
1.2 Interpretation
1.2.1 In the Contract, except where the context requires otherwise:
(a) words indicating one gender include all genders;
(b) words indicating the singular also include the plural and words indicating the plural also include the
singular;
(c) provisions including the word “agree”, “agreed” or “agreement” require the agreement to be record in
writing;
(d) the word “tender” is synonymous with “bid”, “tenderer” with “bidder” and “tender documents” with
“bidding documents”; and
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(e) “written” or “in writing” means hand-written, type-written, printed or electronically made, and
resulting in a permanent record.
The marginal words and headings shall not be taken into consideration in the interpretation of these
Conditions.
1.2.2 Persons
Words incorporating persons or parties shall include firms, consortiums, corporations, government
entities and other bodies whether incorporated or not but having legal entity.
1.2.3 Incoterms
Unless inconsistent with any provision of the Contract, the meaning of any trade term and the rights and
obligations of parties there under shall be as prescribed by Incoterms 2000.
Incoterms means international rules for interpreting trade terms published by the International Chamber of
Commerce (latest edition), 38 Cours Albert 1er, 75008 Paris, France.
1.2.5 Non-waiver
No relaxation, forbearance, delay or indulgence by either party in enforcing any of the terms and
conditions of the Contract or the granting of time by either party to the other shall prejudice, affect or
restrict the rights of that party under the Contract, nor shall any waiver by either party of any breach of
Contract operate as waiver of any subsequent or continuing breach of Contract.
Any waiver of a party’s rights, powers or remedies under the Contract must be in writing, must be dated
and signed by an authorized representative of the party granting such waiver, and must specify the right
and the extent to which it is being waived.
1.2.6 Severability
If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such
prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other
provisions and conditions of the Contract.
1.3 Communications
1.3.1 Unless otherwise stated in the Contract, all communications to be given under the Contract shall be in
writing, and shall be sent by personal delivery, airmail post, special courier or facsimile to the address of
the relevant party set out in the Contract.
1.3.2 For communications to be sent by the Purchaser to the Contractor, the following provisions shall apply:
a) Any communication sent by airmail post or special courier shall be deemed (in the absence of
evidence of earlier receipt) to have been delivered ten (10) days after dispatch. In proving the fact of
dispatch, it shall be sufficient to show that the envelope containing such notice was properly
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addressed, stamped and conveyed to the postal authorities or courier service for transmission by
airmail or special courier.
b) Any communication delivered personally or sent by facsimile shall be deemed to have been delivered
on date of personal delivery or date of its dispatch, as the case may be.
1.3.3 Communications shall be deemed to include any approvals, consents, instructions, notices, orders,
amendment to the Contract and certificates to be given under the Contract.
1.3.4 Either party may change its postal, facsimile address or addressee for receipt of such communication by
10 days’ notice to the other party in writing.
1.4 Language
1.4.1 The ruling language of the Contract and language for communication shall be English.
1.6 Jurisdiction
1.6.1 The courts in Mumbai shall have exclusive jurisdiction to deal with and decide all disputes arising out of
related Contract.
1.8.2 The Contractor shall be deemed to give to the Purchaser a non-terminable transferable non-exclusive
royalty-free licence to copy, use and communicate the contractor’s documents, including making and
using modifications of them. This licence shall:
(a) apply throughout the actual or intended working life (whichever is longer) of the relevant parts of the
Facilities,
(b) entitle any person in proper possession of the relevant part of the Facilities to copy, use and
communicate the contractor’s documents for the purposes of completing, operating, maintaining,
altering, adjusting, repairing and decommissioning the Facilities, and
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(c) in the case of contractor’s documents which are in the form of computer programs and other software,
permit their use on any computer on the Site and other places as envisaged by the Contract, including
replacements of any computers supplied by the Contractor.
1.10 Confidentiality
1.10.1 The Contractor shall take necessary steps to ensure that all persons employed on any work in connection
with this Contract have noticed that the Indian Official Secrets Act, 1923 (XIX of 1923) applies to them
and shall continue to apply even after the execution of such works under the Contract.
1.10.2 All information, drawings, designs and specifications imparted to the Contractor shall, at all times, remain
the absolute property of the Purchaser. The Contractor shall not use them for purposes other than for
which they are provided for and shall treat all these documents as confidential. These shall not be
reproduced in whole or in part for any other purpose.
1.10.3 The Contractor shall use his best endeavours to ensure that such information are not divulged to third
parties except where needed for the performance of the Contract by the Contractor with the prior consent
of the Purchaser. In such cases, the Contractor shall ensure and obtain similar obligation of confidence,
from third parties in question.
1.10.4 The Contractor shall at his own cost procure from his own employees, agents or sub-contractors (and
agents and sub-contractors of such agents and sub-contractors) the execution of a Confidentiality
Agreement in the form and manner acceptable to the Purchaser and shall do or assist in doing all such
acts, deeds and things to cause such employees, agents and sub-contractors to whom the confidential
information is given, to be bound by all the confidentiality obligations as the Contractor is bound under
this Agreement.
1.10.5 The provisions of this clause of GCC shall survive termination for whatever reason, of the Contract.
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2. THE PURCHASER
2.1 Accuracy of Information
2.1.1 The Purchaser shall ensure the accuracy of all information and/or data to be supplied by the Purchaser as
described in the Technical Specification of the Tender, except when otherwise expressly stated in the
Contract.
2.2.2 The Purchaser shall acquire and pay for all permits, approvals and/or licenses from all local, state or
national government authorities or public service undertakings that such authorities or undertakings
require the Purchaser to obtain them in the Purchaser’s name, and are necessary for the execution of the
project.
2.2.3 The Purchaser shall be responsible for acquiring and providing physical possession of the Site and access
thereto, and for providing possession of and access to all other areas reasonably required for the proper
execution of the Contract, including all requisite rights of way.
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2.2.4 The Purchaser shall make available, as specified in the contract or agreed upon by the Purchaser and the
Contractor, utilities, material and other facilities required for commissioning and guarantee test of the
Facilities.
2.4.2 Project Manager: The Project Manager as mentioned in the Contract will be the Purchaser’s
representative for all technical matters under the Contract and will remain the nodal agency for this
purpose during the execution of the Contract.
2.4.3 Engineer-in-Charge: Project Director/ Chief Construction Engineer of the Purchaser’s Project Site shall
appoint, on behalf of the Purchaser, “Engineer-in-Charge” who shall be the Purchaser’s representative for
all matters relating to execution of the Contract at Site for Erection & Commissioning of the facilities.
3 THE CONTRACTOR
3.1 General Obligations
3.1.1 The Contractor shall design, procure / manufacture (including associated Purchases and/or sub-
contracting), install and complete the Facilities with due care and diligence in accordance with the
Contract and with the Purchaser’s instructions, and shall remedy any defects in the Facilities occurring in
defect liability period, and remedy latent defects within a further period of five (05) years from end of
defect liability period.
3.1.2 The Stores supplied / Facilities executed by the Contractor shall be brand new of the best quality and
workmanship and shall comply in all respects with Particulars of the Contract. When completed, the
Facilities shall be fit for the purposes for which the Facilities are intended as defined in the Contract.
3.1.3 The Contractor shall, whenever required by the Purchaser, submit details of the arrangements and
methods which the Contractor proposes to adopt for the execution of the Facilities. No significant
alteration to these arrangements and methods shall be made without this having previously been notified
to the Purchaser.
3.1.4 The Contractor shall be deemed to have carefully examined all Contract documents and obtained
clarifications from the Purchaser where needed, inspected and surveyed the Site and its surrounding and
satisfied himself as to the form and nature of the Site, the quantities and nature of work and material
necessary for the completion of the facilities and the means of access to the Site, the accommodation
he may require and in general obtained all necessary information as to risks, contingencies and other
circumstances, which may influence or affect his tender, to his entire satisfaction before submitting
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the bid. In particular and without prejudice to the foregoing conditions and in addition thereto, when
tenders are called for furnishing Particulars, the Contractor’s tender to supply in accordance with such
Particulars shall be deemed to be an admission on his part that he has fully acquainted himself with the
details thereof and satisfied himself before tendering as to the correctness and sufficiency of his tender for
the Stores/ Facilities and of the rates and prices quoted in the Schedule of Quantities, which rate and
prices shall, except as otherwise provided, cover all his obligations under the Contract and all matters and
things necessary for the proper completion of the facilities. The Contractor acknowledges that any failure
to acquaint itself with all such data and information shall not relieve its responsibility for properly
estimating the difficulty or cost of successfully performing the Facilities. No claim on his part which may
arise on account of non-examination or misunderstanding of the Particulars and/or matter related to site
will, in any circumstances, be considered payable by the Purchaser.
3.4 Securities
3.4.1 The contractor shall provide the securities in favour of the Purchaser in the form of bank guarantees as
stated in GCC sub-clause no. 3.4.2 and 3.4.3 here in below subject to the following conditions,
a) The bank guarantee shall be from scheduled commercial bank in India (except co-operative bank) and
shall be governed by Indian Laws and be subject to the jurisdiction of courts of the place of issue of
Purchase Order.
b) The bank guarantees shall be submitted as per the format annexed to this GCC.
c) All bank guarantees are to be sent by the bankers directly to the Purchaser.
d) The value of the bank guarantees submitted towards security of advance payments as per GCC sub-
clause 3.4.3 herein below may be reduced once in six months to the extent of receipt of
items/materials or completion of identified milestones as per billing schedule for erection &
commissioning, as the case may be, by the Purchaser and the advance amount adjusted against such
receipts / milestone completion.
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b) If the Contractor fails to provide the Performance Security Bond as stated herein above, within 30
days from the date of issue of Contract such failure shall constitute a breach of contract and the
Purchaser shall be entitled to cancel the Contract and make alternate arrangements for the purchase of
the Stores/Facilities contracted from other sources at the risk and expense of the Contractor in terms
of GCC sub-clause no. 21.5.4 hereof and/or recover from the Contractor the damages arising from
such cancellation.
c) Contractor shall extend the validity of the Performance Security suitably, if it is required, due to delay
in operational acceptance of plant for reasons not attributable to the Purchaser, at its own cost well in
time and in any extent before the release of final payment by the Purchaser.
d) The Performance Security shall also be extended suitably, pursuant to GCC sub-clause no. 6.4.4
(Extension of Defect Liability), at least thirty days before the expiry of the period of validity thereof
in the event of repair / replacement of any equipment or any part thereof during defect liability period
to take care of extended defect liability period of equipment or any part of the facilities repaired/
replaced and/or facilities or part thereof remaining idle due to such defects and repair / replacement of
the same.
e) In the event, the Contractor fails to fulfil the obligations under the Contract, the Purchaser shall have
the right to encash and appropriate the Performance Security Bond Bank Guarantee. This right shall
be in addition to and without prejudice to the rights of the Purchaser to recover from the Contractor
any loss or damages that the Purchaser is herein entitled.
f) In the event of change in Purchase Order price, the value of the Performance Security Bond Bank
Guarantee shall remain unaltered for upto +/- 15% change in basic Purchase Order price excluding
taxes, duties and price adjustment. Beyond this change in Purchase Order price by +/- 15%, PBG
value shall be revised taking into account the revised Purchase Order value.
g) PSB Bank Guarantee shall be released on successful completion of defect liability period including
extension thereof, if any, and submission of Bank Guarantee for Latent Defect Security as per GCC
Sub clause no. 3.4.7 below.
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3.4.4 Where the Contractor fails to maintain the Contractual Delivery Date, the Contractor shall extend the
validity of Bank Guarantee(s) submitted pursuant to GCC clause nos. 3.4.2 and 3.4.3 above, suitably to
cover the extended/expected delivery date, failing which, the Purchaser shall have the right to invoke the
Bank Guarantee(s) without prejudice to the terms and conditions of the contract.
3.4.5 In the event the Contractor is required to extend the validity of the Bank Guarantees submitted for
Performance Security Bond and/or Advance Payment for Erection and Commission at site, for delays
attributable to the Purchaser, the corresponding Bank Guarantee Extension charges shall be borne by the
Purchaser.
3.4.6 Indemnity Bond for Free Issue Material (For Fabrication of Items at Contractors works outside
Purchaser’s site)
The Contractor shall execute an Indemnity Bond in favour of the Purchaser indemnifying the Purchaser
and keeping the Purchaser indemnified to the extent of full value of FIM till such time the entire contract
is executed and proper account for the FIM is rendered by the former to the latter. For this purpose an
Indemnity Bond as per Annexure-E shall be executed by the Contractor.
The Contractor’s Representative will have to be assisted by senior executives of the company in charge of
each discipline, i.e., Engineering, Planning, Procurement, Manufacturing Site construction and Quality
Assurance etc. He shall be vested with powers to take prompt decisions.
3.5.2 The Contractor’s Representative shall represent and act for the Contractor at all times during the currency
of the Contract. All notices, instructions, information and all other communications to be given by the
Purchaser to the Contractor under the Contract shall be given to the Contractor’s Representative, except
as herein otherwise provided. All the contractor’s notices, instructions, information and other
communication under the contract shall be given by the Contractor’s Representatives in the following
manner.
Regarding,
(a) Commercial Issues: Senior General Manager/ General Manager/ Additional General Manager/
Deputy General Manager, C&MM as specified in the Purchase Order
(b) Technical issues: Project Manager
(c) Site / Erection & Commissioning Related issues: Engineer-in-charge
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3.5.3 The Contractor shall not revoke the appointment of the Contractor’s Representative without the
Purchaser’s prior written consent, which shall not be unreasonably withheld. If the Purchaser consents
thereto, the Contractor shall appoint some other person as Contractor’s representative, pursuant to the
procedure set out in GCC sub-clause 3.5.1.
3.5.4 From the commencement of installation of the Facilities at the Site until Completion, the Contractor’s
Representative shall appoint a suitable person as the Construction Manager (hereinafter referred to as “the
Construction Manager”). The Construction Manager shall supervise all work done at the Site by the
Contractor and shall be present at the Site throughout the normal working hours except when on leave,
sick or absent for reasons connected with the proper performance of the Contract. Whenever the
Construction Manager is absent from the Site, a suitable person shall be appointed to act as his or her
deputy.
3.5.5 The Purchaser 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 Purchaser, may behave
inappropriately, may be incompetent or negligent, or may commit a serious breach of the Site security
provided under GCC clause 13.6 (Security of the Site). The Purchaser shall provide evidence of the same,
where upon the Contractor shall remove such person from the Facilities.
3.5.6 If any representative or person employed by the Contractor is removed in accordance with GCC sub-
clause 3.5.5, the Contractor shall, where required, promptly appoint a replacement.
3.6 Sub-contracting
3.6.1 The Contractor shall not sub contract any or all of the work without written consent of the Purchaser. The
Contractor shall be solely responsible to the Purchaser for all work including that of the sub-contractor, if
allowed by the Purchaser.
3.6.2 The corresponding Annexure (List of Approved Subcontractors) to the Contract specifies major items of
supply or services and a list of approved Subcontractors against each item, including vendors. The bidder
at the time of submission of Part-I (Technical) bid may indicate additional subcontractors for any of the
given items, for evaluation by the Purchaser and if found acceptable, inclusion of such subcontractor in
approved subcontractors list, before opening of Price Bid. In so far as no Subcontractors are listed against
any such item, the Contractor shall prepare and submit to Purchaser a list of Subcontractors for such items
for approval and inclusion in such list. List of sub-vendors as issued with the Contract shall be strictly
adhered to for procurement of goods/services from designated subcontractor(s). However, under very
special and extra-ordinary circumstances, Contractor may request Purchaser for change of subcontractor
giving sufficient reasons and submit name and credentials along with contractors recommendation of
subcontractor(s) proposed by him to the Purchaser for approval, in sufficient time so as not to impede the
progress of work on the Facilities. Approval by the Purchaser for any of the Subcontractors shall not
relieve the Contractor from any of its obligations, duties or responsibilities under the Contract.
3.6.3 The Contactor shall select and employ its Subcontractors for such major items from those listed in the
lists referred to in GCC sub-clause 3.6.2.
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3.6.6 In the event the Contractor violates the condition for obtaining consent under clause 3.6.1 above, the
Purchaser shall become entitled, in its discretion, to rescind that part of the Contract in respect of which
such violation has taken place, by giving 30 days notice to the Contractor. However, the Purchaser may in
the alternative, scrutinise such Sub-Contract or the Agreement entered into between the Contractor and
the Sub-Contractor, and either, ratify such sub-contract/ agreement subject to any conditions or
stipulations imposed by the Purchaser in that regard, or afford time to the Contractor to rectify/ remedy
his breach.
3.6.7 It will be the duty of the Contractor to make good any defects in the work of the Sub-Contractor or finish
any incomplete work at his own cost, and/or to compensate the Purchaser for any damage done by the
Sub-Contractor to the Property or Project of the Purchaser.
3.7.2 Any breach of this condition shall entitle the Purchaser to cancel the Contract or any part thereof and to
purchase from other sources at the risk and cost of the Contractor in terms of GCC sub-clause no. 21.5.4
hereof and/or recover from the Contractor damages arising from such cancellation.
4.1.2 In the case of any class of work for which there is no such specifications as referred to above, such work
shall be carried out in accordance with Bureau of Indian Standards Specifications. In case there are no
such specifications in Bureau of Indian Standards the work shall be carried out as per manufacturers'
specifications. In case there are no such Specifications as referred to above the work shall be carried out
in all respects in accordance with the instructions and requirements of the Project Manager /
Engineer-in-Charge.
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4.1.3 The Contractor shall carry out / ensure the manufacture of Equipment, Plant & Machinery, Stores and
all other execution of the Contract with properly equipped facilities and non-hazardous materials,
except as otherwise specified in the Contract.
4.1.4 The Contractor shall, unless specifically excluded in the Contract, perform all such work and/or supply all
such items and materials not specifically mentioned in the Contract but that can be reasonably inferred
from the Contract as being required for attaining Completion and efficient functioning of the facilities as
per specifications of the Tender, as if such work and/or items and materials were expressly mentioned in
the Contract, and without any extra cost to the Purchaser.
If the Contractor is unable or unwilling to do such work immediately, the Purchaser may do or cause such
work to be done as the Purchaser may determine is necessary in order to prevent damage to the Facilities.
In such event the Purchaser shall, as soon as practicable after the occurrence of any such emergency,
notify the Contractor in writing of such emergency, the work done and the reasons thereof.
If the work done or caused to be done by the Purchaser is work that the Contractor was liable to do at its
own expense under the Contract, the reasonable costs incurred by the Purchaser in connection therewith
shall be paid by the Contractor to the Purchaser. Otherwise, the cost of such remedial work shall be borne
by the Purchaser.
However, the Purchaser shall always be entitled to recover such costs and reimburse itself from the
amount of payment to be made by the Purchaser to the Contractor under the Contract.
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4.2.2 The Contractor shall attain Operation Acceptance and Handing over of facilities (or of a part where a
separate time for Operational Acceptance and Handing over of such part is specified in the Contract)
within the Contractual Delivery Date (CDD) stated in the contract. Acceptance by the Purchaser of the
facilities completed by the Contractor after expiry of CDD shall be subjected to GCC clause no. 6.2
(Delay in Supply).
4.2.3 The Contractor shall dispatch items mentioned in the SCC within the Contractual Milestone Date of
despatch for the same mentioned in Contract. The Contractor shall complete such part of the Facilities
within Contractual Milestone Date(s) for intermediate completion as mentioned in the SCC/ Purchase
Order.
4.2.4 The Contractor shall also ensure that the work sub-contracted by him is duly completed in time period
specified herein.
5.1.2 For contract(s) with contractual delivery period less than and upto 12 (twelve) months, the contract price
shall be firm. However, contract price for such contracts(s) can be subjected to price adjustment only in
the event of delay attributable to the Purchaser causing actual contract period to exceed 12 (twelve)
months, as provided in GCC Sub clause 5.4.2 and 5.8.2.
5.1.3 For contract(s) with contractual delivery period exceeding 12 (twelve) months, the contract price shall be
subjected to price adjustment either on positive or on negative side as per GCC clause nos. 5.4 to 5.8
below to reflect changes in the cost of labour material etc. Any bid containing a proposal for alternative
system of pricing, other than so specified under GCC clause no. 5.4 to 5.8 below run the risk of rejection.
However, the offer submitted on fixed price basis will not be rejected, but will be treated as the offer with
price adjustment being zero. The offer shall specifically confirm adherence to the price adjustment clause
of the tender, or whether it is on fixed price basis. The name, source and origin of material and labour
indices shall be as indicated in the bid subject to GCC sub-clause no. 5.5.2, 5.5.3, 5.6.1, 5.6.2 and 5.8.4.
5.1.4 Currency Exchange rate variation for imported raw materials/ components shall not be claimed/
considered separately.
5.2.1 Price break-ups of indigenous supply items and spares shall be indicated as follows:
i) Ex-works price, including but not limited to CIF value of imported raw material / component required
for indigenous manufacture.
ii) Inland transportation and Transit insurance
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The prices of indigenous supply items and spares shall be exclusive of all taxes, duties, cess, octroi, etc.
CENVAT benefits available to Indian manufacturers shall, however, be taken into consideration in quoted
prices and pass on the benefits to the Purchaser. CIF value of the imported raw materials/ components
included in the Ex-works prices in the bid currency of indigenously manufactured items shall be shown
separately for the purposes of 15% price preference loading vis-à-vis domestically manufactured goods
and for availing Deemed Export benefits, if any.
5.2.2 Price break-ups of imported items and spares delivered directly to the Site from Indian port of entry shall
be indicated as follows:
i) FOB prices,
ii) Ocean/Air freight & Marine insurance,
iii) Port handling/clearance, inland transportation and inland transit insurance.
FOB prices shall be inclusive of all taxes, duties, levies, inland transportation up to the port of shipment
and export licensing charges. Other than FOB prices, remaining price elements shall be exclusive of
taxes, duties, cess, octroi, etc. applicable in India.
5.2.3 The prices of Commissioning/Start-up spares shall be included in the basic prices of the main equipment
and these spares are to be essentially dispatched with the respective main equipment only. In case of
shortage of the Commissioning/Start-up spares during the actual erection and commissioning of the main
equipments, additional Commissioning/Start-up spares shall be brought in by the contractor at his own
cost and no customs duty / deemed export benefits for such additional Commissioning/Start-up spares
shall be available.
5.2.4 The prices for erection and commissioning shall be exclusive of all taxes and duties. Income tax will be
deducted at source as required under the provisions of the Income Tax Act of Government of India and
TDS Certificate will be issued.
5.2.5 The prices for Civil Works shall be inclusive of all Taxes, Duties and other Statutory levies payable under
the law of the Land. The Contractor shall however take into account Fiscal Concessions available to the
subject contract (refer ITT Clause no. 9.0) and pass on the benefit to the Purchaser. Taxes, Duties and
other Statutory Levy are also not reimbursable separately on Price Adjustment for civil works price
portion as base price is deemed to include all Taxes and Duties as applicable.
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d) Incidental charges for imported items to be delivered directly to Purchaser’s site from Indian Port of
Entry like Ocean/Air Freight, Marine Insurance, Port Handling/Clearance Charges, Inland
Transportation and Inland Transit Insurance, in INR.
e) Erection and Commissioning charges in INR. Charges for expatriate field Labour engaged for
erection and commissioning, in INR and/or any other three freely tradable foreign currencies.
f) Civil Works in INR.
5.4.1 The contract price shall be subjected to price adjustment during the execution of the contract, as provided
herein below. The price adjustment provisions shall not be taken into account for evaluation of offers. The
price adjustment provisions are separate for the supply, erection & commissioning and civil portions.
5.4.2 The Contract Price adjustment under GCC clause no. 5.4 to 5.8 will only be applicable for the contracts,
where the original contractual completion period is more than 12 months.
For contract(s) where completion period as stipulated in NIT or Purchase order is less than and upto 12
(twelve) months and where there is a delay which is attributed to the Purchaser, due to which the period
of the contract exceeds 12 months, the contract price adjustments is applicable for the extended period.
(For example, where the original contract period is 10 months and there is extension for 3 months, then
adjustment is payable for one month i.e.13th month only). However, the Subscript value of “0” defined in
GCC sub-clause nos. 5.5.1, 5.6.1 and 5.6.2 below shall be the indices of the last month of the original
contract period (i.e., the 10th month in the above example).
5.4.3 Only the following components of the contract price will be subject to Price adjustment:
a) Ex-works price of indigenous plant and equipment excluding spares and value of free issue materials
(if any) to be supplied by the Purchaser. The price adjustment will be allowed up-to a ceiling of
+ twenty percent (20%) of the total Ex-works price component in INR. Price adjustment of individual
items will be allowed to such an extent that net price adjustment of all the items in INR does not
exceed this 20% ceiling and shall be payable/ recoverable accordingly.
b) FOB prices of imported plant and equipment excluding spares. The price adjustment will be allowed
up-to a ceiling of + twenty percent (20%) of the total FOB price component, in each of the contract
currencies separately. Price adjustment of individual items will be allowed to such an extent that net
price adjustment of all the items in a given currency does not exceed this 20% ceiling and shall be
payable/ recoverable accordingly.
c) The erection and commissioning prices (excluding free issue materials by the Purchaser), without any
ceiling.
d) The civil works prices (GCC clause 5.8)
5.4.4 Price adjustment amounts towards GCC clause no. 5.4.3 above shall be in respective currencies of the
contract.
5.4.5 No adjustment of prices is allowed on spares, tools, tackles and accessories. Engineering charges, testing
charges, analysis charges etc shown/payable separately shall also not be eligible for Price Adjustment
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ECl = EC ( F + a.Ml f1+ b.Nl f2 + c.Ol f3+ d.Pl f4+ e.Ql f5+ lb.Ll flb )
M0 N0 O0 P0 Q0 L0
Where,
L = Labour index.
f1, f2, f3, f4, f5 …. are exchange rate corrective factors for the respective materials and flb is the
exchange rate correction factor for labour with reference to the currency of
the country of origin of index and the respective contract currency, such that:
f= Z0
Z1
Where, Z is the number of units of the currency of the country of origin of index, which is equivalent to
one unit of contract currency. The exchange rates to be used for calculation of factor ‘f’ shall be as per
bills selling exchange rates established by The State Bank of India.
Subscript ‘0’ refers to indices/exchange rates as prevailing on the seventh day prior to the due date of
submission of bid [Submission of both Part - I (Technical & Commercial except Price) and Part – II
(Price Bid)]. For the purpose of exchange rate, if this day happens to be a holiday, the nearest previous
working day shall be considered. The Contractor will submit authentic copies of relevant published
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indices as on this date applicable to the tender, along with his offer or any time before opening of Price
bid.
For the purpose of this clause, the date of dispatch shall mean Contractual Milestone Date of dispatch as
per SCC/Contract or actual date of dispatch, whichever is earlier. In case no Contractual Milestone Date
of dispatch is mentioned for an item, Contractual Delivery Date (CDD) of the contract shall be taken as
Contractual Milestone Date of dispatch for such items, for the purpose of this clause. For the purpose of
exchange rate, if this day happens to be a holiday, the nearest previous working day shall be considered
for this purpose.
5.5.4 The Contractor is also required to provide authentic copies of indices pertaining to applicable end dates
along with each dispatch-wise invoice for arriving at adjusted ex-works/FOB price component without
which the invoices will not be processed.
5.5.6 In case of dispatches which are delayed beyond the Contractual Milestone Date of dispatch (as given in
the Contract) for reasons attributable to the Purchaser, the price adjustment provisions shall continue to be
applicable for an additional period equal to delay caused by the Purchaser, subject to GCC sub-clause
5.4.1, 5.4.2 & 5.4.3. This shall, however not deemed to be automatic extension of Contractual Milestone
Date of despatch.
In case of dispatches which are delayed beyond the Contractual Milestone Date of dispatch (as given in
Contract) for reasons attributable to the Contractor or Force Majeure events, the provision of Price
Adjustment shall not be available beyond the corresponding Contractual Milestone Date of dispatch.
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In case dispatches are delayed beyond the Contractual Milestone Date of dispatch (as given in the
Contract) and the total delayed period can be apportioned between delays due to the Purchaser, the
Contractor and / or Force Majeure events, Price adjustments for the period of delay caused by the
Purchaser will be allowed considering as if this delay due to the Purchaser happened first, immediately
after Contractual Milestone Date of dispatch, irrespective of actual point in time in which such delay by
Purchaser occurs. No price adjustment shall be allowed for delays apportioned to the Contractor and / or
Force Majeure events.
The formula for calculation of the monthly price variation of the cost of erection portion of the works is
indicated and explained below:
E1 = E0 (0.25 + 0.75F1)
F0
Where,
E0 = Basic value of work done in the contractual completion period or the actual completion
date whichever is earlier.
F = Minimum wages in Rupees of a skilled labour fixed under any law, statutory rule or order
as applicable on the last date of the month previous to the one under consideration.
Note: Subscript ‘0’ will be as prevailing on the date of submission of bid both Part - I (Technical &
Commercial except Price) and Part – II (Price Bid)].
Subscript ‘l’ will be as prevailing on the last date of the month previous to the actual date of
execution of activities or the minimum wages prevailing on the Contractual Milestone Date for
intermediate completion, whichever is earlier. In case no contractual milestone date for
intermediate completion is mentioned for an activity, Contractual Delivery Date (CDD) of the
contract shall be taken as contractual milestone date for intermediate completion.
5.6.2 Foreign Currency portion of the Erection & Commissioning Services (Only for Expatriate Field Labour):
The formula for calculation of the monthly price variation of the cost of erection portion of the works is
indicated and explained below:
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Where,
EE1 = Adjusted foreign currency portion of erection and commissioning of each invoice.
EE0 = Basic value of foreign currency portion of the work done in the actual completion date or
the contractual completion period, whichever is earlier.
EF = Index for Expatriate Field Labour component of erection and commissioning price. Such
index shall be of the country of nationality of such labour.
‘f ’ is exchange rate corrective factor for labour with reference to the currency of the country of origin
of index and the respective contract currency, such that:
f = Z0
Z1
Where, Z is the number of units of the currency of the country of origin of index, which is equivalent to
one unit of contract currency. The exchange rates to be used for calculation of factor ‘f’ shall be as per
bills selling exchange rates established by The State Bank of India.
Note: Subscript ‘0’ will be as prevailing on seventh day prior to the due date of submission of bid
[Both Part - I (Technical & Commercial except Price) and Part – II (Price Bid)].
Subscript ‘l’ will be as prevailing on the actual date of execution of activities or indices
prevailing on the contractual milestone date for intermediate completion, whichever is earlier.
If any of these designated days happen to be holidays, the nearest previous working days(s)
shall be considered for the purpose of exchange rates. In case no contractual milestone date for
intermediate completion is mentioned for an activity, Contractual Delivery Date (CDD) of the
contract shall be taken as contractual milestone date for intermediate completion.
5.6.3 In case of delay in erection and commissioning beyond the contractual delivery date for reasons
attributable to the Purchaser, the price adjustment provision shall continue to be applicable for an
additional period equal to the delay caused by the Purchaser. This shall, however, not deemed to be
automatic extension of the contractual delivery date.
In case of activities that are delayed beyond the Contractual Milestone Date for Intermediate Completion
(as given in Contract) for reasons attributable to the Contractor or Force Majeure events, the provision of
Price Adjustment shall not be available beyond the corresponding Contractual Milestone Date for
Intermediate Completion.
In case completion of an activity is delayed beyond the Contractual Milestone Date for Intermediate
Completion (as given in the Contract) and the total delayed period can be apportioned between delays
due to the Purchaser, the Contractor and / or Force Majeure events, Price adjustments for the period of
delay caused by the Purchaser will be allowed considering as if this delay due to the Purchaser happened
first, immediately after Contractual Milestone Date for Intermediate Completion, irrespective of actual
point in time in which such delay by Purchaser occurs. No price adjustment shall be allowed for delays
apportioned to the Contractor and / or Force Majeure events.
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5.7 The band of the coefficients applicable for price adjustment are given in GCC sub-clause no. 5.7.1 & 5.7.2
below. The Contractor shall choose each coefficient from the bands in such a way that the sum of all these
coefficients ie ‘a’, ‘b’, ‘c’ … the material coefficients, ‘F’- Fixed portion and ‘lb’- Labour coefficient shall
add up to one. Further the value of the co-efficients indicating weightage of various materials (a,b,…),
weightage of fixed portion and labour portion (F and lb ), applicable indices, source and their base values for
the purpose of price adjustment under this contract are to be furnished by the contractor in his Part-I bid as
per the following formats:
5.7.1 Ex-works/FOB component of the Items (excluding spares, tools and tackles)
Value of Coefficient Value of base date indices
Source of
Bidders have to restrict each as prevailing ‘7’ days prior
Sl. No. Item indices
coefficient within these to the date of submission of
used
bands Part-I and Part-II Bid.
1 Fixed portion F : 0.15 -- --
2 Materials
a. a=
b. b=
c. c= Between
d. d= 0.5 to 0.6
e. e=
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5.8.2 For contract(s) where completion period as stipulated in NIT or Purchase order is less than and upto 12
(twelve) months and where there is a delay which is attributed to the Purchaser, due to which the period
of the contract exceeds 12 months, the contract price adjustments is applicable for the extended period.
(For example, where the original contract period is 10 months and there is extension for 3 months, then
adjustment is payable for one month i.e.13th month only). However, the Subscript value of “0” defined in
GCC sub-clause no. 5.8.4 below shall be the indices of the last month of the original contract period (i.e.,
10th month in the above example).
5.8.3 The ‘Contract Price’ as awarded shall be the Base Price, unless other wise specified.
A certain fixed percentage of the base price shall not be subject to any price adjustment. The balance
percentage to be specified shall be of Identified Components towards Labour, Material(s) (not being
material supplied/or services rendered at fixed prices by the Purchaser) and P.O.L. and shall be subjected
to Price Adjustment.
The fixed component and the identified components shall vary from contract to contract depending upon
the scope of work(s) and this information is furnished by the Purchaser in SCC.
5.8.4 The actual amount of price adjustment shall be determined by satisfying the conditions specified herein.
The formula designed for governing and calculating the price adjustment to be applied to the contract
price shall be as follows:
ACV1 = CV (F + luLu1/Lu0 + lsLs1/Ls0 + mM1/M0 + nN1/N0 + oO1/O0 + pP1/P0 + qQ1/Q0 +
dD1/D0)
Where:
ACV1 - Adjusted contract price i.e., value of work done after application of above
price adjustment formula.
CV - Base contract price, subject to price adjustment, i.e. the value of the work done in the
given period for which the Price Adjustment is to be calculated excluding cost of material
supplied or services rendered at fixed prices by the Purchaser and the cost of extra items,
rates for which have been worked out based on market rates.
F - Fixed component expressed as percentage of contract value (as defined
in SCC) will not be subjected to any adjustment under this formula or otherwise.
lu - Unskilled Labour component (as defined in SCC) expressed as
percentage of the contract value which will be subjected to adjustment.
ls - Skilled labour component (as define in SCC) expressed as
percentage of the contract value which will be subject to adjustment.
m,n,o,p - Various materials component (excluding material issued by the Purchaser at fixed rates)
expressed as percentage of the contract value, as defined in SCC, which will be subject
to adjustment. The sum of all these with F, d and the labour (lu and ls) and q should sum
up to one.
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‘q - all other materials component expressed as percentage of contract value, which shall not
be defined in m,n,o,p, expressed as percentage of contract value. The component
expressed as percentage of the contract value, as defined in SCC.
d- P. O. L. component expressed as percentage of the contract value (as defined in SCC),
which will be subject to adjustment.
M,N,O,P - Corresponding published price indices of various materials based on All
India Wholesale Price Index for civil component / electrical component of construction
material as worked out on the basis of All India Wholesale Price Index for Individual
Commodities / Group Items for the period under consideration
Q- Wholesale price indices applicable to materials as published by Economic Advisor to
Government of India, Ministry of Industry & Commerce.
L- Minimum wages in Rupees of a labour fixed under any law, statutory rule or order as
applicable on the last date of the month previous to the one under consideration (where in
subscript ‘u’ and‘s’ denotes the unskilled and skilled labour respectively).
D- P.O.L index for the period under consideration as published by Economic Advisor to
Government of India, Ministry of Industry & Commerce, New India
SUBSCRIPT:
‘0’ - refers to the values of the above-mentioned Minimum Wages, Material / P.O.L. indices applicable
to previous month prior to the date of opening of tenders (in case of two part tender the date of
opening of Part 1 shall be taken).
‘1’ - refers to the values of corresponding Minimum Wages, Material / P.O.L indices as applicable for
the month prior to the month in which the work is executed for which adjustment is applicable,
respectively.
5.8.5 The value of fixed component `F' will remain unchanged and fixed and shall not be disputed.
5.8.6 Price Adjustment(s) shall be calculated for the quantum of works executed for the month or the period of
the bill.
5.8.7 Additional, altered or substituted items of work, derived from the agreed Bill of quantities and rates
attached in work order will also attract price adjustment as per this clause. No price adjustment for the
cost of material issued by the Purchaser (viz.) steel and cement or any other item(s) issued by the
Purchaser and/or services provided shall be applicable, which are issued at fixed rates to the Contractor.
5.8.8 In case of advance payment is given for the work done but not measured the full value of such
unmeasured work shall be added to the cost of work shown in the bill for operation of this Clause. When
such work is measured and paid the full value of such work shall be deducted from the cost of work
shown in the bill, running or final.
5.8.9 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 Material/POL and in minimum
wages for labour 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 (as described above) of the relevant published indices / minimum wages to
substantiate the price adjustment.
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5.8.10 In case where the reasons for extension of the contract is attributable to the Force Majeure and/or
Contractor, the Contractor shall be paid the contract price adjustment for the extended period at the frozen
indices applicable for the month preceding to the last date of stipulated completion period or extended
completion period attributable to Purchaser which is later. In case the prevailing price indices are lower
than the frozen indices, as stated above, the lower shall be considered.
5.8.11 For this purpose, the total delayed period shall be apportioned between delays due to the Purchaser, Force
Majeure events and / or the Contractor, Price adjustments for the period of delay caused by the Purchaser
will be allowed considering as if this delay due to the Purchaser happened first, immediately after
stipulated contract completion period, irrespective of actual point in time in which such delay by
Purchaser occurs.
In the event of delay in attaining the events pertaining to GCC sub-clause 5.9.1 (d) and (e) above for
reasons attributable to the Purchaser, the corresponding payments can be released to the Contractor on
expiry of Original CDD against Retention Bank Guarantee as per format given in Annexure-C, initially
valid for 6 months and subsequently extendable till completion of the corresponding events. In addition to
be encashable for failure of the Contractor to fulfil his Contractual obligations covered by the Retention
Bank Guarantee, this Bank Guarantee shall also be encashable for the purpose of recovery of LD, if any,
pursuant to GCC clause no. 6.2 (Delay in Supply).
5.9.4 Items & Materials (excluding spares) supplied from indigenous sources
a) 10% of Ex-works Price as advance against equivalent bank guarantee, performance security bond and
unconditional order acceptance.
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b) 60% of Ex-works price along with 100% of Taxes & Duties as applicable, on pro-rata basis, upon
dispatch to site against dispatch documents with original shipping release.
c) 20% of Ex-works Price along with 100% of safe delivery charges and Price Adjustment if any, on
receipt of items at site on pro-rata basis against physical verification and certification.
d) 7.5% of Ex-works price on handing over of the facilities to the Purchaser and issue and acceptance of
Operational Acceptance certificate as per the format in Annexure-J by the Purchaser for each Reactor
Unit.
e) 2.5% of Ex-works will be released on completion of Material Accounting.
In the event of delay in attaining the events pertaining to GCC sub-clause 5.9.4 (d) and (e) above for
reasons attributable to the Purchaser, the corresponding payments can be released to the Contractor on
expiry of Original CDD against Retention Bank Guarantee as per format given in Annexure-C, initially
valid for 6 months and subsequently extendable till completion of the corresponding events. In addition to
be encashable for failure of the Contractor to fulfil his Contractual obligations covered by the Retention
Bank Guarantee, this Bank Guarantee shall also be encashable for the purpose of recovery of LD, if any,
pursuant to GCC clause no. 6.2 (Delay in Supply).
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5.11.2 Each such application for payment shall be accompanied by all required documents as set forth in the
Contract and/or intimated to the Contractor in advance. The application for payment by the Contractor if
found deficient in any respect, shall not be processed and in such an event, the Purchaser shall intimate to
the Contractor in writing within 15 days of receipt of such deficient application indicating the deficiency
for rectification of the same by the Contractor. Payment will be released within 30 days from the date of
receipt of application for payment complete in all respects and acceptable to the Purchaser.
5.11.3 The final bill in respect of supply portion as well as site work portion shall be submitted by the Contractor
within 90 days of physical completion of the facilities. No further claims shall be made by the Contractor
after submission of the final bill and these shall be deemed to have been waived and extinguished.
5.12.1 All payments to the Indian Contractors shall be directly made by the Purchaser through Account Payee
cheque and/or through Wire Transfer/ ECS. In the event of payment through Demand Draft/Pay Order, if
requested by the Contractor, charges for the same shall be to the account of the Contractor.
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5.12.2 No payment made by the Purchaser herein shall be deemed to constitute acceptance by the Purchaser of
the Facilities or any part(s) thereof.
5.12.3 The Purchaser reserves the right to carry out post payment audit and technical examination of the final bill
including all supporting vouchers, abstracts etc. The Purchaser further reserves the right to enforce
recovery of any overpayment when detected, not withstanding the fact that the amount of the final bill
may have been included by one of the parties as an item of dispute before an arbitrator appointed under
arbitration clause of this Contract and not withstanding the fact that the amount of the final bill figures in
the arbitration award.
5.13.2 The Purchaser shall pay to the Contractor interest on the amount of such delayed payment for the period
as stated herein below:
a) In case of receipt at the Site, the interest shall be paid beyond 95 days from receipt of good at Site till
the date of payment subject to receipt of invoice and supporting documents in acceptable form.
b) For final payment against handing over of facilities, interest shall be paid beyond 45 days from the
receipt of invoice and supporting documents in acceptable form.
5.13.3 The Purchaser shall pay to the Contractor interest on the amount of such delayed payment at the rate(s)
stated herein below for the period of delay as per GCC sub-clause no. 5.13.2:
a) For payment in Indian Rupees: For delayed payment, applicable interest rate shall be Prime Lending
Rate (PLR) of State Bank of India.
b) For payment in Foreign Currency: For delayed payment, applicable interest rate shall be London Inter
Bank Offer Rate (LIBOR).
5.14.2 Advance Payment in Indian Rupees: Recovery shall be made with Interest at PLR of State Bank of India.
5.14.3 Advance Payment in Foreign Currency: Recovery shall be made with Interest as per LIBOR.
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to cover the amount of damages or loss that may be recoverable, the Contractor shall pay to the Purchaser
on demand the amount due. The Purchaser shall also have the right to appropriating, in part or full, the
performance security bond submitted by the Contractor, to recover any / all of its claims from the
Contractor.
5.15.2 If the Purchaser has made any claim, whether liquidated damages or otherwise against the Contractor
under this Contract or any other Contract with the Purchaser, the payment of all sums payable under the
Contract to the Contractor including the Performance Security Bond shall be withheld to the extent of
claims due according to the Purchaser till such claims of the Purchaser are finally paid by the Contractor,
pending which the same will be adjusted. Notwithstanding the provision for recovery through adjustment,
the Purchaser shall be free to recover his claims from the Contractor as per the terms of this Contract.
5.15.3 All sums payable by way of compensation under any of the conditions of contract shall be considered as
reasonable compensation to be applied to the use of the Purchaser without reference to the actual loss or
damage sustained; and whether or not any damage shall have been sustained.
5.16.1 The Contractor shall bear all non-Indian taxes, duties, levies etc. payable upto FOB in respect of sourcing
items from abroad.
5.16.2 Contractor shall be responsible for payment of all Indian Taxes, Duties and all other statutory levies as
applicable in connection with supply of goods and/or services for the Facilities. This clause shall be read
in conjunction with ITT clause no. 9.0 and contractor can claim reimbursement of Indian Taxes, Duties,
Levies paid from the Purchaser only to the extent provided in the ITT clause no. 9.0. ‘Price Adjustment’
(GCC clause nos. 5.4, 5.5, 5.6, 5.7) amounts if any, shall be taken into account in Contract Price on which
such Taxes, Duties, Levies etc. are reimbursable by the Purchaser. Taxes, Duties and other Statutory Levy
are also not reimbursable separately on Price Adjustment for civil works price portion as base price is
deemed to include all Taxes and Duties as applicable.
5.16.3 For extension in the contractual delivery period for the reasons attributable to the Purchaser and/or Force
Majeure, increase in existing taxes & duties, if any, and new tax component introduced in the extended
period shall be reimbursed to the Contractor, subject to ITT Clause no. 9.0 and submission of
documentary proof. No increase / new tax shall be payable for the delay period due to reasons attributable
to the Contractor.
5.16.4 In case of any other new indirect taxes / cess, if levied by Government during the contractual delivery
period, the same shall be reimbursed / paid by the Purchaser, as the case may be, at actual against
documentary evidence. This provision shall not apply to changes in Personal Income tax or Corporate
Income tax or to changes in non-Indian Taxes.
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b) The Purchaser shall, at the time of its payments due to the Contractor, withhold the necessary taxes at
such rate as is required by any Government Authority, unless and to the extent that the Contractor
shall produce to the Purchaser any certificate issued by a Government Authority (having authority to
issue such certificate) entitling the Contractor to receive the payments under the Contract for a
prescribed period without deduction of any tax or deduction at a lower rate.
c) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the
time stipulated by the relevant law to enable the Contractor to file the same with the Government
Authority as a proof of payment of such taxes.
d) All taxes levied on Contractor’s corporate income or profits shall be for the account of Contractor and
shall not be reimbursed by the Purchaser. Contractor shall also be responsible for payment of income
taxes of its personnel levied in India or elsewhere.
a) The Purchaser shall, at the time of its payments due to the Contractor, withhold the necessary tax at
source at such rate as is required under the respective state sales tax / value added tax legislation unless
and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government
Authority (having authority to issue such certificate) entitling the Contractor to receive the payments
under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate.
b) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the time
stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as
a proof of payment of such taxes.
6.1.2 The Contractor guarantees that it shall despatch the items of supply and shall achieve intermediate
completion of facilities within the corresponding Contractual Milestone Date(s) specified in the Contract.
6.2.1 Should the Contractor fail to handover the facilities or any part thereof Pursuant to GCC sub-clause 6.1.1
within the CDD prescribed for the same, it shall be construed as a breach of the Contract and the
Purchaser shall be entitled at his option to the following:
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(a) To receive the facilities after prescribed CDD with the right to recover from the Contractor agreed
Liquidated Damages (LD) at the rate indicated below:
(b) To terminate the contract in full or in parts as per GCC sub-clause no. 21.5 (Cancellation /
Termination of Contract in Full or Part).
6.2.2 (a) For the contracts where within CDD, Contractual Milestone date(s) of despatch are also specified for
some/all stores, such stores shall be despatched to Purchaser’s site on or before such Contractual
Milestone Date(s), failing which Liquidated Damages shall be levied at the rate applicable as per the
Column (3) table above under GCC sub-clause no. 6.2.1 (a) considering corresponding Contractual
Milestone Date as Delivery Period for such purpose, on the value of such stores and upto a maximum
5% of value of stores that are delayed with reference to corresponding Contractual Milestone Date.
(b) For the contracts where within CDD, Contractual Milestone date(s) of intermediate completion are
also specified for some/all parts of the facilities, such intermediate completion of facilities shall be
achieved on or before such Contractual Milestone Date(s), failing which Liquidated Damages shall be
levied at the rate applicable as per the Column (3) table above under GCC sub-clause no. 6.2.1 (a)
considering corresponding Contractual Milestone Date as Delivery Period for such purpose, on the
value of such facilities and upto a maximum 5% of value of facilities that are delayed with reference
to corresponding Contractual Milestone Date.
(c) In the event of completion and handing over the facilities (or a part for which a separate time for
handing over is specified in the Contract) by the contractor within the Contractual Delivery Date
specified in the Contract, the amount levied as LD pursuant to GCC sub-clause no. 6.2.2 (a) and 6.2.2
(b) above shall be refunded to the Contractor.
(d) In the event of delay in completion and handing over of the Facilities and levy of LD pursuant to
GCC sub-clause no. 6.2.1(a), the Total amount levied as LD pursuant to GCC sub-clause no. 6.2.1(a),
6.2.2(a) and 6.2.2(b) shall not exceed the maximum of 5% of total contract value.
6.2.3 However, the payment of liquidated damages shall not in any way relieve the Contractor from any of its
obligations to complete the Facilities or from any other obligations and liabilities of the Contractor under
the Contract.
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6.3.2 If, for reasons attributable to the Contractor, the level of the Functional Guarantees in respect of the
equipment designed and supplied by the Contractor are not met at any time upto expiry of Defect Liability
Period, as per the contract, either in whole or in part, the Contractor shall at his cost and expense make
such changes, modifications and/or additions to the Equipment or any part thereof as may be necessary to
meet level of such Guarantees. The Contractor shall notify the Purchaser upon completion of the
necessary changes, modifications and/or additions, and shall request the Purchaser to repeat the Guarantee
Test until the level of the Guarantees has been met. If the Contractor eventually fails to meet the level of
Functional Guarantees, the Purchaser shall have the right of recourse to levying damages as specified in
the Contract, without prejudice to any other rights of the Purchaser under the contract.
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while under proper use or subsequently it is found that Stores/Facilities failed to fulfil the requirements or
Particulars of the Contract, the Purchaser shall be entitled to give a notice to the Contractor during Defect
Liability Period and within two (2) months thereafter, setting forth details of such defects or failure and
the Contractor shall forthwith make the defective Stores / Facilities good or alter the same to make it
comply with the requirements of the Contract at his own cost.
Further if in the opinion of the Purchaser, defects are of such a nature that the same cannot be made good
or repaired without impairing the efficiency or workability of the Stores or if in the opinion of the
Purchaser, such opinion being final, the Stores cannot be repaired or altered to make it comply with the
requirements of the Contract, the Contractor shall remove and replace the same with a Stores / Facilities
conforming in all respects to the stipulated specifications at the Contractor's own cost.
If the repair, replacement or making good is of such a character that it may affect the efficiency of the
Facilities or any part thereof, the Purchaser may give to the Contractor a notice requiring that certain tests
of the defective part of the Facilities shall be made by the Contractor immediately upon completion of
such remedial work, whereupon the Contractor shall carry out such tests at his own cost.
If such part fails the tests, the Contractor shall carry out further repair, replacement or making good (as
the case may be) until that part of the Facilities passes such tests. The tests shall be agreed upon by the
Purchaser and the Contractor.
The Purchaser may reject at the cost of the Contractor the whole or any part of the Stores, as the case may
be, which is defective or fails to fulfil the requirements of the Contract and make the desired
repairs/replacement as stipulated above. In the event of such rejection the Purchaser shall be entitled to
use the rejected Stores in a reasonable and proper manner for such time as sufficient to enable the
Purchaser to obtain replacement, as herein before provided.
b) In addition, the Contractor shall also provide an extended warranty for any such component of the
Facilities and during the period of time as may be specified in the SCC. Such obligation shall be in
addition to the defect liability period specified under GCC sub-clause no. 6.4.1.
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At the end of Defects Liability Period, the Contractor’s liability ceases except for latent defects. The
Contractor’s liability for latent defects warranty for the plant and equipments including spares shall be a
limited to a period of five (5) years from the end of Defects Liability Period of the respective plant and
equipment including spares.
In case, there is any dispute between the Purchaser and the Contractor regarding latent defects, any of the
parties listed in the Contract or any other third party as mutually agreed upon by the Purchaser and the
Contractor, shall be engaged by the Purchaser for settling the dispute.
The third party, so engaged by the Purchaser shall be paid fee plus reasonable expenditures incurred in the
execution of its duties as mentioned above. These costs shall be initially paid by the Purchaser. In case
of latent defect being proved, such costs shall be recoverable from the Contractor and the Contractor shall
bear and reimburse such costs to the Purchaser.
If the dispute regarding latent defects can not be settled as above, then the dispute shall be settled as per
provision of GCC Clause 22 (Settlement of Dispute)
6.5.2 Ownership of the indigenous stores (including spare parts) excluding items of interstate transaction shall
be transferred to the Purchaser when the Stores are brought on to the Site. The Purchaser will issue the
requisite sales tax declaration form(s) in order to get the benefit of any concession in the rate of sales tax.
Further, in case of all components, equipments and materials identified by the Contractor and the
Purchaser to be dispatched directly from the sub-vendor’s works are located, the Contractor shall effect
sale in transit.
6.5.3 Ownership of the indigenous stores (including spare parts) covered under interstate transaction shall be
transferred to the Purchaser on sale in transit basis.
6.5.4 Ownership of the Contractor’s Equipment to be used by the Contractor and its Subcontractors at
Purchaser’s site in connection with the Contract shall remain with the Contractor or its Subcontractors.
6.5.5 Transfer of title shall not in any way relieve the Contractor of its responsibilities and liabilities under the
contract. Notwithstanding the transfer of ownership of the Stores, the responsibility for care and custody
thereof together with the risk of loss or damage thereto shall remain with the Contractor pursuant to GCC
clause no. 6.6 (Care of Facilities) hereof until Operation Acceptance by the Purchaser of the Facilities (or
the part thereof) in which such Stores are incorporated.
6.5.6 The Purchaser shall issue Contractor’s Material Receipt Cum Issue Voucher (CMRCIV) to enable the
Contractor to use the goods for erection, installation and commissioning of the same and performance of
the activities under the services contract. Once the said goods are handed over to the Contractor, it shall
hold the same for and on behalf of the Purchaser and not deal with it in any manner except holding it for
execution and carrying out the erection, installation and commissioning work. Further, during such time,
the Contractor shall hold the materials as a bailee of the Purchaser.
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6.6.2 In the event any equipment or item is damaged, lost, stolen, destroyed or otherwise impaired while in
storage or transit, the Contractor shall at its own expense and cost restore or replace such affected
equipment or item.
6.6.3 The Contractor shall also be responsible for any loss or damage to the Facilities caused by the Contractor
or it’s Subcontractors in the course of any work carried out, pursuant to GCC clause no. 6.4 (Defect
Liability).
6.6.4 Notwithstanding the foregoing, the Contractor shall not be liable for any loss or damage to the Facilities
or that part thereof caused by reason of any of the matters specified or referred to in paragraphs (a) and
(b) of GCC sub-clause no. 6.6.5 and clause no. 6.13 (War Risks).
6.6.5 If any loss or damage occurs to the Facilities or any part thereof at Site by reason of
(a) (insofar as they relate to India where the site is located) war, nuclear reaction, nuclear radiation,
radioactive contamination, or any other occurrences that a contractor could not insure against, insofar
as such risks are not normally insurable on the insurance market and are mentioned in the general
exclusions of the policy of insurance taken out under GCC sub-clause no. 6.11 (Insurance) hereof
(b) any use of or reliance upon any design, data or specification provided or designated by or on behalf of
the Purchaser, or any such matter for which the Contractor has disclaimed responsibility,
the Purchaser shall pay to the Contractor all sums payable in respect of the Facilities executed,
notwithstanding that the same be lost, destroyed or damaged. If the Purchaser requests the Contractor in
writing to make good any loss or damage to the Facilities thereby occasioned, the Contractor shall make
good the same at the cost of the Purchaser in accordance with GCC clause no. 19 (Change in the
Facilities). If the Purchaser does not request the Contractor in writing to make good any loss or damage to
the Facilities thereby occasioned, the Purchaser shall either request a change in accordance with GCC
clause no. 19 (Change in the Facilities) excluding the performance of that part of the Facilities thereby
lost, destroyed or damaged, or, where the loss or damage affects a substantial part of the Facilities, the
Purchaser shall foreclose the Contract pursuant to GCC clause no. 21.4 (Foreclosure of Contract) hereof.
However, for loss or damage due to GCC sub-clause no. 6.6.5 (b) above, the Contractor shall lodge
appropriate insurance claim with his insurer against insurance policy taken pursuant to GCC clause no.
6.11 (Insurance), make necessary efforts to settle the claim and pass on the insurance claim proceeds as
received by him from the insurance company to the Purchaser.
6.6.7 In the event of any loss or damage to the facilities or any part thereof or to any of Purchaser’s T&P or to
any material or articles at the Site before handing over of the facilities to the Purchaser from any cause
whatsoever the following provisions shall have effect.
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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 facilities as shall have been damaged, taking to the Purchaser’s store
such Purchaser’s T&P, articles and/or materials as may be directed;
b) The Contractor shall, as may be directed in writing by the Engineer-in Charge, proceed with the
erection and completion of the facilities under and in accordance with the provisions and conditions
of the Contract.
6.6.8 If the Contractor or his workman or employees shall injure or destroy any part of the building 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 within reasonable
time as conveyed by engineer-in-charge, at his own expense.
6.6.9 With respect to any loss or damage caused to the Facilities or any part thereof by reason of any of the
matters specified in GCC sub-clause no. 6.13.1 (War Risk), the provisions of GCC sub-clause no. 6.13.3
shall apply.
6.6.10 The Contractor shall be liable for any loss of or damage to any of Contractor’s Equipment, or any other
property of the Contractor used or intended to be used for purposes of the Facilities.
6.7.2 Provided that such indemnity shall not apply when such infringement has taken place in complying with
the specific directions issued by the Purchaser but the Contractor shall pay any royalties or other charges
payable in respect of any such use, the amount so paid being reimbursed to the Contractor only if the use
was the result of any drawings and/or specifications issued by the Purchaser after submission of the price
bid or revised price bid, if any.
6.8.2 Contractor shall indemnify the Purchaser against all latent defects of the stores/facilities, for a period of 5
(five) years from the end (satisfactory completion) of the defect liability period.
6.8.3 The Contractor shall indemnify the Purchaser and keep the Purchaser indemnified to the extent of full
value of Free Issue Material (FIM) issued by the Purchaser for fabrication of items at Contractor’s works
outside Purchaser’s site, till such time the entire contract is executed and proper account for the FIM is
rendered by the former to the latter.
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6.8.4 The Contractor shall indemnify and hold harmless the Purchaser and its employees and officers, and their
respective agents, against all claims, demands, damages, losses, costs and expenses of whatsoever nature
(including legal fees and expenses) in respect of :
a) bodily injury, sickness, disease or death, of any person whatsoever
b) damage to or loss of any property, real or personal (other than the facilities whether accepted or not)
arising in connection with design, supply and installation and completion of the facilities and
remedying of any defects, unless attributable to any negligence, wilful act or breach of the Contract
by the Purchaser, its employees, officers or their respective agents.
6.8.5 The Contractor shall at all times indemnify the Purchaser against all claims, damages or compensation
under the provisions of the Payment of The Wages Act. 1936, The Minimum Wages Act, 1948, The
Employer’s Liability Act, 1938, The Workmen’s Compensation Act, 1923, The Industrial Disputes Act,
1947 and The Maternity Benefit Act, 1961 or any modifications thereof or any other law relating thereto
and rules made there under from time to time or as a consequence of any accident or injury to any
workman or other persons in or about the works, whether in the employment of the Contractor or not,
save and except where such accident or injury has resulted from any act of the Purchaser, his agents or
servants, and also against all costs, charges and expenses of any suit, action or proceedings arising out of
such accident or injury and against all sum or sums which may with the consent of the Contractor be paid
to compromise or compound any claim. Without limiting his obligations and liabilities as above provided,
the Contractor shall insure against all claims, damages or compensation payable under The Workmen’s
Compensation Act, 1923 or any modification thereof or any other law relating thereto, with specific
endorsement in such insurance policies that purchaser’s interest shall be protected.
6.8.6 (a) The Contractor shall pay and indemnify the Purchaser against any liability in respect of any fees or
charges payable by him under any Act of Parliament, State Laws, any Government instrument, rule or
order and any regulations or by-laws of any Local authority in respect of the facilities prevailing on the
date of submission of tender.
(b) The Contractor shall indemnify and hold the Purchaser harmless from and against all claims, damages
and expenses arising out of his failure to obtain all permit and licenses which he is required to comply
with in respect of Laws, Ordinances, Regulations of the Central or State Government and/or Local/Public
Authorities.
6.8.7 Right of Recourse under Civil Liability for Nuclear Damages Act 2010 & Rule 2011 thereof;
(a) The Purchaser shall have Right to Recourse against the supplier in accordance with provisions under
Section 17(a) of Civil Liability for Nuclear Damage Act, 2010, with following limitations, as stipulated
in Rule 24 of the Civil Liability for Nuclear Damage Rules, 2011:
The Supplier’s liability shall be to the extent of the Operator’s liability under sub-section(2) of Section
6 of the Act or the value of the contract, whichever is less,
AND
The duration of Supplier’s liability shall be limited to duration of initial license issued by AERB or the
product liability period, whichever is longer.
(b) The term “supplier” and the duration and extent of supplier’s liability are explained in Rule 24 of the
Civil Liability for Nuclear Damage (CLND) Rules, 2011. For any questions relating to supplier’s
liability under section 17 of the Civil Liability for Nuclear Damage (CLND) Act, 2010, Government of
India’s clarifications dated February 08, 2015 may be referred to. These have been posted at the
websites of Ministry of External Affairs and the Department of Atomic Energy under the title
“Frequently Asked Questions and Answers on Civil Liability for Nuclear Damage Act 2010 and
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Related Issues”.
(c) In regard to contracts with manufacturers of or vendors for supply of systems, equipment, components,
or building of structures, or provision of services to nuclear installations which are operating or are
under construction or those to be installed in future for which NPCIL is the system designer and
technology owner, being responsible for safety design of such installations, NPCIL shall assume the
role of supplier in accordance with the explanation of the term “supplier” given in Rule 24 of the CLND
Rules, 2011 and in the context of section 17(a) and (b) of the CLND Act, 2010.
(d) Other suppliers can avail the Nuclear Suppliers’ Special Contingency (Against Right of Recourse)
Insurance Policy provided by the India Nuclear Insurance Pool to cover any liability exposure under
section 17(a) and (b) of the CLND Act, 2010. NPCIL maintains the operator’s statutory insurance
under the CLND Act, 2010 by subscribing to the Nuclear Operator’s Liability Policy offered by the
India Nuclear Insurance pool, thereby subrogating to the India Nuclear Insurance pool the operator’s
“right of recourse” against suppliers under section 17(a) & (b) of the CLND Act, 2010.
Contractor further protects and holds the Purchaser harmless from all taxes assessed or levied against or
on account of wages, salaries or other benefits paid to Contractor’s employees or employees of its
Subcontractor and all taxes assessed or levied against or on the account of any property or Equipment of
the Contractor.
6.9.2 Contractor shall give prompt notice to the Purchaser of all matters pertaining to non-payments, payment
under protest or claim for immunity or exemption from any taxes and duties.
6.9.3 The Contractor shall be responsible for filing all necessary Tax returns (including, without limitation,
returns for Corporate Income tax, Personal Income tax, Service tax, Sales tax and Excise Duty) with the
relevant Government Authorities in accordance with all applicable statutory requirements and shall be
responsible for providing all information requested by such Government Authorities.
6.9.4 The Contractor shall also ensure that its subcontractors file such returns as stipulated by the relevant
Government Authorities and furnish such information as requested for by the relevant Government
Authorities.
6.9.5 In certain situations, a Government Authority may treat the Purchaser as the representative assessee of the
Contractor and/or its subcontractors and recover the Taxes due to the Government Authority by the
Contractor or its subcontractors from the Purchaser. In such situations, the Purchaser shall have the
following rights:
(a) The Purchaser shall be entitled to recover from the Contractor, the Taxes paid on behalf of the
Contractor or its subcontractors (together with any costs and expenses incurred by the Purchaser in
connection therewith) or to retain the same out of any amounts to be paid to the Contractor or its
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subcontractors that may be in its possession (whether due under this Contract or otherwise) and shall
pay only the balance, if any, to the Contractor; and
(b) If the Purchaser is required to furnish any details or documents in such capacity, the Purchaser shall
request the details or documents to be furnished to it by the Contractor and the Contractor shall
immediately furnish the same to the Purchaser. If the Contractor fails to comply with the foregoing,
any penalty/interest levied on the Purchaser for non-filing or late filing of details or documents in this
regard shall be recoverable from the Contractor.
6.11 Insurance
6.11.1 General Requirements for Insurances
The Contractor shall, “at his own cost”, take out and maintain in effect the following Insurance based on
reinstatement value during the performance of the contract and the Purchaser shall be named as co-
insured under all insurance policies. All Insurer’s rights of subrogation against co-insured shall be
waived. Deductibles / excesses if any, under the insurance policies shall be borne by the Contractor. The
identity of the insurers and the type of policies shall be subject to the approval of the Purchaser.
Unless otherwise stated, insurances under this sub-clause shall cover all physical loss / damage and third
party liability subject only to minimum compulsory / general exclusions.
Alterations to the terms of insurance shall not be made without the approval of the Purchaser.
The required insurance coverage referred to and set forth in this clause shall in no way affect or limit
Contractor's liability with respect to performance of the work or any obligation under the contract / law.
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In accordance with the applicable statutory requirement, the Contractor should take Workmen’s
Compensation Insurance for his workmen. The phrase “Purchaser’s interest is protected” shall be
endorsed in the Policy.
6.11.8 In all insurance policies mentioned in this clause,- except for Third Party liability insurance and
Automobile insurance, the Purchaser shall be named as “Loss Payee”.
6.11.9 Unless otherwise provided in the contract, the Contractor shall prepare and conduct all and any claims
made under the policies effected by it pursuant to this GCC sub-clause 6.11 and the monies payable by
any insurers to the Purchaser – as ‘Loss Payee’ shall in turn be paid to the Contractor as per the procedure
outlined in GCC sub-clause 6.11.10 below. The Purchaser shall give to the Contractor all such reasonable
assistance as may be required by the Contractor in preparation and / or settlement of claims with the
insurers. With respect to insurance claims in which the Purchaser’s interest is involved, the Contractor
shall not give any release or make any comprise with the insurer without the prior written consent of the
Purchaser.
6.11.10 a) Wherever the total damages / loss of equipment / materials would occur, the Contractor would be
entitled to payment to all amounts received from the insurer(s) except the following amounts :
(i) the amount paid to the Contractor under the contract in respect of equipment / materials /
services damaged / lost, excluding pro-rata initial / mobilization advance but including
the entire amount of Price Adjustment, if any, already paid to the Contractor.
(ii) taxes, duties, and other statutory levies, which have already been reimbursed by the
Purchaser.
In the event the claim money settled is less than the total of the amounts in (i) & (ii) above, then
the entire claim money settled will be retained by the Purchaser and the Contractor will forewith
pay the Purchaser the shortfall amount between the claim money received from the insurer(s) and
the total of the amounts as per (i) & (ii) mentioned above.
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Subsequent payments, if any, due under the contract shall be regulated by the relevant terms of
payment.
(b) In case of partial damage to any equipment / material during any stage, upon rectification of the
damaged equipment / material to the satisfaction of the Purchaser, the Contractor shall be paid to
the extent of claims settled by the Insurer(s).
(c) In both the scenario’s (a) & (b) above, any amount(s) disputed by the Insurers and / or not settled
/ paid by them shall be to the Contractor’s account.
6.11.11 The Contractor shall ensure that, where applicable, its sub-Contractor(s) shall take out and maintain in
effect adequate insurance policies for their personnel and vehicles and for work executed by them under
the contract, unless such sub-Contractors are covered by the insurance policies taken out by the
Contractor
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Completion shall be extended in accordance with GCC clause no. 20.1 (Extension of Time for
Completion), even though such force Majeure event may occur after Contractor’s performance of his
obligations has been delayed for other cause.
No delay or non-performance by either party hereto caused by the occurrence of any event of Force
Majeure shall
(a) constitute a default or breach of the Contract,
(b) (subject to GCC sub-clause no. 6.6.5(a) and 6.13.3) give rise to any claim for damages or additional
cost or expense occasioned thereby;
if and to the extent that such delay or non-performance is caused by the occurrence of an event of Force
Majeure.
If the performance of the Contract is substantially prevented, hindered or delayed for a single period of
more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days 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.
6.12.6 Limitations
Anything in this Contract to the contrary notwithstanding:
a) The affected Party shall not be relieved from obligations under this Contract to the extent any gross
negligence of the affected Party aggravates the Force Majeure Event; and
b) Force Majeure shall not apply to obligations of either Party to make payments to the other Party under
the Contract.
6.13.2 Notwithstanding anything contained in the Contract, the Contractor shall have no liability whatsoever for
or with respect to;
(a) destruction of or damage to Facilities, Plant and Equipment, or any part thereof, at the Site.
(b) destruction of or damage to property of the Purchaser at the site.
if such destruction, damage is caused by any War Risks
6.13.3 If the Facilities or any Plant and Equipment shall sustain destruction or damage at the Site by reason of
any War Risks, the Purchaser shall pay the Contractor for;
(a) any part of the Facilities or the Plant and Equipment so destroyed or damaged before handing over to
the Purchaser.
(b) replacing or making good any such destruction or damage to the Facilities or the Plant and Equipment
or any part thereof, which have already been handed over to the Purchaser.
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so far as may be required by the Purchaser, and as may be necessary for completion of the Facilities.
If the Purchaser does not require the Contractor to replace or make good any such destruction or damage
to the Facilities, the Purchaser shall either request a change in accordance with GCC clause no. 19
(Change in the Facilities), excluding the performance of that part of the Facilities thereby destroyed or
damaged or, where the loss, destruction or damage affects a substantial part of the Facilities, shall
foreclose the Contract, pursuant to GCC clause no. 21.4 (Foreclosure of Contract).
6.14.2 It is expressly stated that the Purchaser while entering into an agreement with the Contractor is doing so
solely on its own behalf. The Government of India is not a party to the agreement and has no liability,
obligations or rights in the deal.
6.14.3 It is expressly stated that the Purchaser is not an agent, representative or delegate of the Government of
India and the latter shall not be liable for any act, omission, commission, breaches or other wrongs arising
out of the Contract.
6.14.4 Accordingly, the Purchaser expressly waives releases and forgoes any and all actions or claims, including
cross claims, or counter claims against Government of India arising out of the Contract.
7 WORK PROGRAM
7.1 Contractor’s Organization
7.1.1 The Contractor shall deploy required number of qualified, experienced professionals in design,
engineering, planning, procurement, quality surveillance, site work, industrial safety etc. as committed
under the Schedule of Key Personnel at the time of submission of tender and shall submit to the Purchaser
and Project Manager a chart showing the proposed organization to be established by the Contractor, for
carrying out work at Contractor’s / Subcontractors premises and on the Facilities at the Site. The chart
shall include the identities of the key personnel together with the curricula vitae of such key personnel to
be employed within twenty-one (21) days of the Effective Date. The Contractor shall promptly inform the
Purchaser and the Project Manager in writing of any deletion or alteration of such an organization chart.
7.1.2 The Contractor shall furnish a phase-wise, month-wise detailed organization he proposes to deploy on the
package work. The organization set up shall indicate number, category and grade of personnel in different
disciplines, year-wise induction schedule for skilled, semi-skilled and unskilled work force of different
category at site to ensure satisfactory and timely completion of the package contract. Cost and time over
runs arising out of insufficient deployment of manpower and non-supply of materials by contractor will
be to the contractor’s account.
7.1.3 It is to be noted that time is the essence of contract. In order to achieve the schedules dates and to meet the
targets, the package contractor shall plan to carry out all the activities connected with the package contract
on two shifts or round the clock shift basis right from the initial stages. Sufficient number of engineering
and supervisory staff and labour force will have to be deployed in each shift to ensure that the schedules/
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milestone targets are met. However, permission of Engineer-in-Charge shall be obtained in advance for
off-normal hours of working.
7.2.2 Schedule of release of work front at Site will be mutually agreed at the start of the contract work and
periodically reviewed by the Purchaser and the Contractor for any changes.
7.2.3 The Contractor shall update and revise the program as and when appropriate or when required by the
Project Manager, but without modification in the Contractual Delivery Date (CDD) / Contractual
Milestone Date given in the Purchase Order and any extension granted in accordance with GCC clause
no. 20.1 (Extension of Time for Completion), and shall submit all such revisions to the Project Manager
and Engineer-in-Charge with a copy to the Purchaser.
7.3.2 The Contractor may execute the Contract in accordance with its own standard project execution plans and
procedures to the extent that they do not conflict with the provisions contained in the Contract.
7.4.2 If at any time the Contractor’s actual progress falls behind the program referred to in GCC sub-clause no.
7.2 (Program of Performance), or it becomes apparent that it will so fall behind, the Contractor shall, at
the request of the Purchaser or the Project Manager, prepare and submit to the Project Manager a revised
program, taking into account the prevailing circumstances, and shall notify the Project Manager of the
steps being taken to expedite progress so as to attain Completion of the Facilities within the Contractual
Delivery Date under GCC sub-clause no. 4.2.2, any extension thereof entitled under GCC sub-clause no.
20.1.1, or any extended period as may otherwise be agreed upon between the Purchaser and the
Contractor.
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7.5.2 The progress report shall be in a form acceptable to the Project Manager and shall indicate: (a) percentage
completion achieved compared with the planned percentage completion for each activity; and (b) where
any activity is behind the program, giving comments and likely consequences and stating the corrective
action being taken.
7.6 Hindrances
7.6.1 The Contractor is required to maintain two Hindrance Registers for reporting hindrance if any, while
executing the work in respect of design, engineering, procurement and supply related issues and site work
related issues separately, in an approved format. The Contractor shall get record of hindrances in the
Hindrance Register(s) approved / endorsed by the Project Manager or Engineer-in-charge, as the case may
be. Such hindrance in the work endorsed by the purchaser’s authority will only be taken into
consideration for granting time extension.
8.1.2 In order to ensure effective interface coordination between various items covered under the contract, the
Contractor shall review and provide for all required interfaces between items and also interfaces between
items covered under the contract with all external interfaces to other items covered by other contractors’
and ensure effective and efficient working of the interconnected systems of Purchaser’s units.
8.1.3 Preparation of design, engineering drawings and other documents for the Plant & Equipment and
Facilities by the Contractor shall be such that the Facilities constructed and commissioned by the
Contractor are capable of meeting the Performance Guarantees and will be such as could be legally, safely
and reliably placed in commercial operation by the Purchaser in accordance with prudent engineering
practices.
8.1.4 The Contractor shall co-operate with the Purchaser’s other Contractors and suppliers (if any) in the design
and engineering and otherwise accommodate their reasonable interface and interconnection requirements
within the limitations of Contractor's design and scope of work hereunder, provided that Purchaser's other
Contractors and suppliers shall also similarly co-operate with the Contractor. In case of any non-
agreement between the Contractor and Purchaser’s other contractors & suppliers in this regard, the
decision of the Purchaser shall be final and bidding on all the parties.
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date, one (01) day prior to date of Price bid opening shall apply unless otherwise specified. During the
Contract execution, any changes in such codes and standards shall be applied after approval by the
Purchaser and shall be treated in accordance with GCC clause no. 19 (Changes in the Facilities).
8.3.2 The Contractor shall prepare (or cause its Sub-contractors to prepare) and furnish to the Project Manager
the documents after due diligent checking and internal approval of the Contractor, that as per Technical
Specifications require approval or review by the Purchaser. Any part of the Facilities covered by or
related to the documents to be approved by the Project Manager shall be executed only after the Project
Manager’s approval thereof. GCC sub-clauses no. 8.3.3 to 8.3.7 shall apply to those documents requiring
the Project Manager’s approval, but not to those furnished to the Project manager for its review only.
8.3.3 Within fourteen (14) days of date of receipt by the Project Manager of any document requiring the Project
Manager’s approval in accordance with GCC Sub-Clause no. 8.3.2 or the agreed date of submission of
such documents as per schedule, whichever is later, the Project Manager shall either return one copy
thereof to the Contractor with its approval endorsed thereon or shall notify the Contractor in writing of its
disapproval thereof and the reasons therefore and the modifications that the Project Manager proposes. If
the Project Manager fails to take action within the said fourteen (14) days, then the Contractor shall be
entitled to extension of time in accordance with GCC Clause no. 20.1 (Extension of Time for
Completion). For documents submitted by the Contractor for Project Manager’s approval, beyond
scheduled/agreed date, the Contractor’s right to claim time extension as above shall stand extinguished.
8.3.4 The Project Manager shall not disapprove any document, except on the grounds that document does not
comply with Technical Specifications of the Tender or applicable codes/ standards or that it is contrary to
good engineering practice.
8.3.5 If the Project Manager disapproves the document, the Contractor shall modify the document and resubmit
it within seven (7) days for the Project Manager’s approval in accordance with GCC sub-clause no. 8.3.3.
If the Project Manager approves the document subject to modification(s), the Contractor shall make the
required modification(s), where upon the document shall be deemed to have been approved.
8.3.6 The Project Manager’s approval, with or without modification of the document furnished by the
Contractor, shall not relieve the Contractor of any responsibility or liability imposed upon it by any
provisions of the Contract except to the extent that any subsequent failure that results from modifications
required in writing by the Purchaser.
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8.3.7 All costs due to modifications/revisions to documents, drawings and associated re-engineering etc.
required to be carried out by the Contractor due to Purchaser’s comments on Contractors documents/
drawings etc, shall be to the account of the Contractor.
8.3.8 The Contractor shall be responsible for making all necessary alterations of the Stores/ Facilities which are
occasioned due to any discrepancies, errors or omission in the drawings or other particulars submitted by
the Contractor irrespective of whether these have been approved by the Purchaser or not provided that
such discrepancies, errors or omissions are not because of inaccurate information furnished in writing to
the Contractor by or on behalf of the Purchaser. If the Contractor fails to make such alterations, the
Purchaser may do so at the risk and cost of Contractor. In addition to above, any and all other expenditure
incurred by the Purchaser in this connection shall also be to the account of the Contractor.
8.3.9 The Contractor shall not depart from any approved document unless the Contractor has first submitted to
the Project Manager an amended document and obtained Project Manager’s approval thereof, pursuant to
provisions of this GCC clause no. 8.3 (Review / Approval of Contractor’s Documents). If the Project
Manager requests any change in any already approved document and/or in any document based thereon,
the provisions of GCC clause 19 (Change in the Facilities) shall apply to such request.
8.3.10 The Contractor shall submit hard copies, reproducible and soft/scanned copies with passwords of all
drawings / documents including all latest/ as built drawings, to the Purchaser.
9.1.2 Procurement, Manufacture and Supply of Stores by the Contractor or Sub-contractor(s) shall be subjected
to Purchaser’s Quality Assurance (QA) requirement as per GCC clause no. 16 (Quality Assurance,
Inspection, Acceptance and Rejections).
In case of requirement of any additional items/quantities beyond this BOQ to complete the facilities as per
the scope of the Tender, the prices of such additional items/quantities are deemed to have been included
in the Contract Price and as such additional price implications if any, are to be absorbed by the
Contractor. However, if any of the quantities/items delivered as per this BOQ are found to be excess on
completion and handing over of the facilities, such items shall remain to be the property of the Purchaser.
In case the contractor brings in some items in excess of the quantities/items mentioned in the BOQ to
meet the exigencies of the Site works, all such excess items if left over after the execution of the contract,
are allowed to be taken back by the contractor.
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9.3.2 The Contractor shall submit cutting diagram or appropriate proposal for optimal utilisation of the FIM.
The cutting diagram or such proposal as approved by the Purchaser's Engineer shall form a part of the
Contract.
9.3.3 Unless otherwise specially mentioned in the Contract, on issue of the Contract, the Contractor shall be
advised to collect the FIM from any of the Purchaser's Stores at various sites/ headquarter and shall take
an Insurance Policy for the value of the FIM. The Insurance Policy shall be valid till the contractual/
actual delivery date or till the execution of the Contract and shall cover the following.
RISKS COVERED Any loss or damage to the Purchaser’s material due to fire, riot, burglary,
strike, theft, and any damages arising out of external sources such as damages
due to the materials falling on Purchaser’s materials.
9.3.4 The Contractor shall be responsible for the safety of the FIM after it is received by him and all through
the period during which the materials will remain in his possession. The Contractor shall take all
necessary precautions against any loss, deterioration or destruction of the FIM from whatever cause
arising whilst the said material remains in his possession and/or his custody or control. The Contractor
shall also not mix-up the material in question with any of his goods and shall render true and proper
account of the material actually used. The decision as to whether the Contractor has occasioned any loss,
deterioration or destruction of the FIM whilst in his possession, custody or control from whatever cause
arising, as also the decision regarding quantum of the damages suffered by the Purchaser shall be final
and binding upon the Contractor.
9.3.5 The Insurance Policy with the details indicated at GCC clause no. 9.3.3 shall be furnished by the
Contractor to the Purchaser for acceptance. On acceptance of the Insurance Policy and Indemnity Bond
submitted as per GCC clause no. 3.4.6, by the Purchaser, the Contractor shall lift the FIM from
Purchaser's Stores at his own cost.
9.3.6 On completion of fabrication, the Contractor shall prepare a full account of the material used for the
fabrication and the balance available with him for return to the Purchaser. This account of FIM shall be
verified and accepted by the Project Manager before the Contractor is allowed to return the balance
material to Purchaser’s Stores against such authorisation in writing.
9.3.7 The FIM account, accepted by the Project Manager alongwith proof of receipt of balance material by the
Stores Officer (Consignee), shall be produced by the Contractor for the release of the final payment to the
Contractor.
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9.3.8 The Purchaser at all times have the right to enter the Contractor's premises where the free issue materials
are stored or where the free issue materials are under manufacture.
9.3.9 The Purchaser at his discretion may allow the balance material such as scrap, cut bits to be retained by the
Contractor in which event the value to be assigned to the balance material will be mutually agreed
between the Purchaser and the Contractor and the agreed amount shall be debited to the Contractor's
account while settling his final payment.
9.4.2 Each package shall contain a Packing Note quoting Contract number and date, copy of Shipping Release
and one set of copy of test certificates. Each package shall be marked with name and address of the
Contractor, Contract No and date, brief description of the Stores and name and address of the Consignee,
dimensions, weight, lifting points and special handling instructions, if any.
9.5 Transportation
9.5.1 Unless otherwise stated the Contractor shall give the Purchaser not less than 14 days’ notice of the date on
which any major plant and machinery or other major goods will be delivered to the Site stating details
such as the description of the Stores and of the Contractor’s Equipment, the point and means of dispatch,
and the estimated time and port of arrival in India, if applicable, and at the Site.
9.5.2 For Contracts placed on free and safe delivery to Purchaser’s site basis:
i) The Contractor shall transport at his own risk and expense and deliver the Items at the destination
specified by the Purchaser on free and safe delivery basis, by selecting any safe mode of transport
unless otherwise stated in the contract.
ii) Unless otherwise expressly mentioned in the Contract, the Contractor shall pay and bear all freights
and all costs and expenses for transporting the items to the place of delivery specified in the Contract
and the price specified in the Contract shall be inclusive of all such packing, handling, forwarding,
freight and transit insurance charges. The Contractor shall however, indicate the break up price
towards freight and transit insurance charges.
iii) Unless otherwise provided in the Contract, the Contractor shall be entitled to select any safe mode of
transport without any transhipment, to carry the Plant and Equipment and the Contractor’s
Equipment.
9.5.3 In the case of Contract with Ex-works prices, the Contractor shall arrange transportation of the Stores
after Purchaser’s prior approval of the selected transporter and transportation charges.
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the corresponding value shown in the Contract, implication if any towards Customs Duty shall be to the
Contractor’s account.
The contractor shall furnish all necessary documents for executing the High Seas sale agreement. In case
of delay / failure in submission of documents, the demurrage charges, penalty, sales tax, etc. shall be
borne by the contractor. Not withstanding High Seas sales, the Contractor shall remain responsible for all
work of port handling / clearance, inland transportation to site and all subsequent activities till handing
over of the Facilities.
9.5.5 The Contractor shall be responsible for obtaining, if necessary, approvals from the authorities for
transportation of the Stores and the Contractor’s Equipment to the Site. The Contractor shall indemnify
and hold harmless the Purchaser from and against any claim for damage to roads, bridges or any other
traffic facilities that may be caused by the transport of the Stores and the Contractor’s Equipment to the
Site.
9.5.6 The Contractor shall indemnify and hold the Purchaser harmless against and from all damages, losses and
expenses (including legal fees and expenses) resulting from the transport of Plant and Machinery, Stores,
Contractor’s Equipments and other goods and shall negotiate and pay all claims arising from their
transport.
Within three (3) days after embarkation for India of each shipment, the Contractor shall send to Purchaser
by courier for information, a copy of each of the following documents:
i) Shipping documents consisting of full set clean bill of lading;
ii) Declaration made by Contractor by tele-fax to the insurer and confirmation from the insurer that the
subject cargo is insured under marine cargo insurance;
iii) Invoice with itemised prices duly signed by Contractor;
iv) Copy of packing lists for each separate package;
v) Shipping release issued by Purchaser or his authorized representation;
vi) Certificate of origin;
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9.5.9 Transportation of Contractor’s Equipment to Purchaser’s Site would also be inline with above mentioned
clauses.
9.5.10 All demurrage, wharfage and other expenses incurred due to delayed clearance of the material for any
reason, other than those for which the Purchaser is responsible, shall be to the account of the Contractor.
9.5.11 In the event any equipment or item is damaged, lost, stolen, destroyed or otherwise impaired while in
storage or transit, Contractor shall at its own expense and cost restore or replace such affected equipment
or item.
9.6.2 The Contractor shall, at its own expense; handle all imported Stores and Contractor’s Equipment at the
point(s) of import and shall handle any formalities for customs clearance. This clause shall be read in
conjunction with ITT clause no. 9.0 for the purpose of Customs Duty. The Purchaser will make available
to the Contractor all documents / applications that are required to be made in the name of the Purchaser as
per applicable laws or regulations including requisite documents or certifications as per the extant rules
and procedures for availing the exemptions/concessions in Customs Duty, if any. However, it is the
responsibility of the Contractor to approach the Purchaser and obtain necessary documents / certificates
from the Purchaser well in advance.
9.6.3 The Contractor shall be responsible for the timely clearance through customs of any part of the Plant or
Facilities and for all necessary documentation and procedural matters associated there with. The
Contractor shall be responsible for meeting the agreed contractual dates notwithstanding any customs
delays and will not be entitled to extension of time for completion, it being the Contractor’s responsibility
to allow sufficient time for clearance through customs.
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9.7.2 The Contractor shall receive on behalf of the Purchaser, the Stores supplied by him/ subcontractors at his
stores at Purchaser’s Site, carry out incoming inspection ensuring compliance with Technical
Specifications prepare MRICAR – CMRCIV and submit the same along with all necessary supporting
documents to the Purchaser. The Purchaser shall issue MRICAR – CMRCIV within seventy five days
(75) days of receipt of MRICAR – CMRCIV along with all supporting documents complete in all respects
from the Contractor.
9.7.3 Contractor shall warehouse or otherwise provide appropriate storage at site (in accordance with
manufacturer’s recommendation and taking into account climatic and other relevant conditions at the
warehousing site) for all Equipment, Plant & Machinery and Contractor’s Equipments.
9.7.4 All Equipments, Plant & Machinery, tools, tackles and spares, shall be
i) stored at appropriate location approved in advance by the Engineer-in-charge, and
ii) properly tagged and identified for segregated from other goods.
9.7.5 The Contractor shall arrange and be responsible for security of all the Equipments, Plant & Machinery
and Stores to be incorporated in or forming part of the facilities and tools, tackles, spares and other items,
which are required to be delivered to the Purchaser under the contract, till acceptance of the facilities or
acceptance of such items, as the case may be, by the Purchaser.
9.8 Training
9.8.1 The Contractor shall, if required by the Purchaser, provide facilities for the practical training of
Purchaser’s engineering or technical personnel for operation and maintenance of the equipment /
facilities. The Purchaser shall bear boarding, lodging and travelling expenses of its personnel deputed for
such training.
9.9 Manuals
Contractor shall submit to Purchaser, the manuals required for the Equipments, Plant & Machinery and
facilities as listed in the technical specification including but not limited to:
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10.1.2 The Site work shall be performed under the direction and supervision of the Engineer-in-Charge. The
scope of the duties of the Engineer-in-Charge, pursuant to the Contract, will include but not be limited to
the following:
a) Interpretation of all the terms and conditions of these documents and specifications.
a) Review and interpretation of all the Contractor’s drawings, engineering data etc.;
b) Witness or authorize his representative to witness tests and trials either at the manufacturer’s works or
at site, or at any place where work is performed under the Contract;
c) Inspect, accept or reject any equipment, material and work under the Contract;
d) Issue certificate of acceptance, Certificate for progressive payment and final payment;
e) Review and suggest modifications and improvements in completion schedules from time to time;
f) Supervise the quality assurance programme implementation at all stages of the facilities, at Site.
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11.1.1 In respect of any land allotted to the Contractor for purposes of or in connection with the Contract as
provided herein below, the Contractor shall be a licensee subject to the following and such other terms
and conditions as may be imposed by licenser / Engineer-in-charge:
(i) That he shall pay a nominal license fee of Rs: 5/- per Hectare for plant site and Rs.200/- per Hectare
for colony per year or part of a year for use and occupation, in respect of each and every separate
area of land allotted to him.
(ii) That such use or occupation shall not confer any right of tenancy of the Land to the Contractor.
(iii) That the Contractor shall be liable to vacate the land on demand by the Engineer-in-charge.
(iv) That the Contractor shall have no right to any construction over this land without the written
permission of the Engineer-in-charge. In case, he is allowed to construct any structure he shall have
to demolish and clear the same before handing over the completed work unless agreed to the
contrary.
On completion of work, the Contractor shall handover the land duly cleaned to the Purchaser. Until and
unless the Contractor has handed over the vacant possession of land allotted to him for the above
purposes, the payment of his final bill shall not be made.
11.1.4 The Contractor shall not permit any of his or his Sub-Contractors employees to maintain any temporary or
permanent living quarters within the Site. No areas inside the Plant and residential area of Purchaser’s
personnel shall be used as labour colony.
11.2.2 The Contractor shall provide, if necessary or if required on the Site, all temporary access thereto and shall
alter, adapt and maintain the same as required from time to time and shall take up and clear them away as
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and when no longer required and as and when ordered by the Engineer-in-Charge and make good all
damage done to the Site.
The size and arrangement of the machines, clean shop, general fabrication shop shall be got approved
from Engineer-in-charge. The prefabrication of SS pipelines, which are to be cleaned prior to installation,
shall be done in clean workshop and this area shall have storage space for prefabricated pipes.
11.3.2 The Contractor shall supply following information for space requirement along with the bid. Actual area
required shall be got approved from the Engineer-in-charge prior to setting up these facilities.
Max. area required for general storage - Sq. mtrs.
Max. area required for weather protected storage - Sq. mtrs.
Max area required for general fabrication shop - Sq. mtrs.
Max. area required for S.S. fabrication shop - Sq. mtrs.
Additional area requirement, if any - Sq. mtrs.
Total area required - Sq. mtrs.
(ii) The water used by the Contractor shall be fit for construction purposes to the satisfaction of the
Engineer-in-Charge.
(iii) The Engineer-in-Charge shall-make alternative arrangements for supply of water at the risk and cost
of the Contractor if the arrangements made by the Contractor for procurement of water are in the
opinion of the Engineer-in-Charge, unsatisfactory.
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Water, if available, may be supplied to the Contractor by the Purchaser at one point subject to the
following conditions:
(i) The contractor must indicate his year wise average and peak requirement of water for plant site.
(ii) The water charges as specified in SCC subject to revision from time to time, shall be recovered from
the Contractor.
(iii) The Contractor shall make his own arrangement of water connection and laying of pipelines from
existing mains of source of supply, and metering.
(iv) The Purchaser does not guarantee, to maintain uninterrupted supply of water and it will be incumbent
on the Contractor to make alternative arrangements for water at his own cost in the event of any
temporary breakdown in the Purchaser's water mains so that the progress of his work is not held up
for want of water. No claim of damage or refund of water charges will be entertained on account of
such breakdown.
11.4.3 The contractor shall ensure availability of potable quality of water required for all his requirements at all
times.
11.5 Electricity
11.5.1 Construction power supply will be from Purchaser’s substation and will be made available to the
contractor at a nominal system voltage of 415volts 3 phase 4 wire 50 cycles.
11.5.2 It is to be clearly understood that disruption in power supply or non-availability of electricity shall not
entitle the Contractor for any claim for compensation either in time or money. The Contractor is advised
to make his own arrangements of diesel generators to meet his requirements of electrical power during
interruption in power supply and keep electrically operated equipment to the minimum in view of
uncertainty of 24 hours power supply. Temporary power supply as arranged by the contractor on his own
shall be provided for the bonafide construction purposes limited to the extent required for the job.
11.5.3 For the purpose of planning, the Contractor shall furnish along with his tender the estimated requirement
of electric power at plant site and the contractor’s labour camp, for the execution of the work in terms of
maximum kW demand and also daily energy requirement in kWh.
ii) The power will be supplied at maximum of four points for the composite contract at 415 V 3 phase 50
cycles or 230V single phase 50 cycles as the case may be. The contractor shall install his own switch
controls, cables etc. of adequate capacity of suitable type complying with all relevant regulations to
receive control and distribute the power involved. The exact location and further details about the
supply point will be decided by the Engineer-in-Charge whose decision in the matter will be final and
binding.
iii) The connected load shall not be less than 75% of the estimated load and the contractor shall have the
option to make changes in the connected load on max 6 (six) occasions at each point during the entire
period of contact. For the purpose of calculating minimum BHP calculation, loads connected at
various points will be taken into consideration.
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General Conditions of Contract for Engineering, Procurement and Construction Contracts
iv) The Purchaser shall meter the supply of power to the contractor at the points at which the supply is
given. For this purpose, the energy meter will be installed by the contractor on their distribution
panel. Contractor can also install actual Maximum Demand Meter on the incoming panel to ensure
that demand does not exceed the demand requested by the Contractor and Minimum BHP calculation
shall be done on Maximum Demand Meter reading. If any dispute on accuracy of meter, the meter in
dispute will be checked in the standard laboratory of the State Government and the meter will be
replaced if required. The fees levied by the Standard laboratory for testing the meter shall be charged
to the contractor. The Engineer may at his discretion replace any meter installed at the cost of
contractor, if found defective/faulty. It would be the contractor’s responsibility to ensure the safety of
the meter and to ensure protection so that the meter is not tampered with. In case, it is found that the
meter has been tampered with, the supply will be disconnected and re-connection charges at State
Electricity Board rates per BHP will be charged. In case the meter is found faulty, the charges will be
recovered on the basis of average consumption for the preceding 6 months.
v) The contractor shall make his own arrangements for the distribution of power to all his works from
the points of supply mentioned in (b) above.
vi) It shall be the responsibility of the contractor to provide and maintain complete installation on the
load side of the supply with due regard to safety requirements at site. All cabling and installations
shall be subject to the approval of the Engineer/ Safety Engineer and shall comply in all respects to
the appropriate statutory requirements given in the following:
- Indian Electricity Act, 1910 (as amended)
- Electricity Supply Act, 1910 (as amended)
- Indian Electricity Rules 1956 (as amended)
- Latest State Electricity Board regulations
For this purpose, the contractor shall provide full specifications of the equipment and the layout
drawings. Approval of the Engineer-in-charge does not absolve the contractor from complying with
any or all other conditions laid down in this section.
vii) The power supply shall be subject to all such restrictions and regulations as are in existence now and
as may be enforced by the Purchaser/ Government/ State Electricity Board/ or by any other competent
authority from time to time for which the contractor will not have any claim whatsoever.
viii) The contractor shall maintain a power factor of not less than 0.9 by installing if necessary at his own
cost suitable corrective devices. The contractor’s failure in this regard within a period as stipulated by
the Engineer-in-charge shall lead to disconnection of Power Supply. The individual, single-phase
loads shall be suitably connected so that the total load at the supply point balances as much as
possible.
ix) The Purchaser will not be liable for any loss or damage to the contractor’s equipment as a result of
variations in voltage or frequency or interruptions planned or unplanned in power supply. The
Purchaser will also not be liable for any loss to the contractor arising from any interruption, failure or
stoppage of works and any attendant delays consequent on such failure, interruption or stoppage of
power supply or variation voltage or frequency. The contractor shall install all safety devices for such
purpose as deemed fit by him.
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x) After completion of the works, the contractor shall at his own cost promptly dismantle the distribution
and other facilities he may have erected.
xi) Recoveries for the power supplied for construction purposes shall be made from the running account
bills of the contractor at the rates specified in SCC subject to revision with a minimum of 30 units per
month per BHP connected load/ Maximum Demand.
b) The Contractor shall note that GCC sub-clause no. 11.5.4 (i) to (x) shall apply to domestic power
supply also.
c) The charges for power supply to contractor’s colony shall be recovered at the prevailing rate from the
running account bills of the contractor.
11.7.2 Unless otherwise specified in the Contract, upon completion of the Facilities, the Contractor shall remove
from the Site all Contractor’s Equipment brought by the Contractor onto the Site.
11.7.3 It is not the intent of Purchaser to issue T&P to contractor for the execution of work. However, in case of
extreme emergency and request made by Contractor, Purchaser can issue the necessary T&P (if the same
can be spared) on chargeable basis. The standard rates and conditions of Purchaser for issue of such items
shall be applicable.
11.7.4 The hire charges payable by the Contractor shall be recovered from the Contractor's bills.
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11.8.1 The Contractor shall, at his own expense, provide all materials required for the erection, commissioning,
inspection and testing other than those, which are to be supplied by the Purchaser.
All charges on account of octroi, royalty, terminal excise duty, customs duty, sales tax and other taxes and
duties on materials obtained for the erection & commissioning from any source (excluding materials
supplied by the Purchaser) shall be borne by the Contractor.
If pursuant to or under any law, notification or order any royalty, cess or the like becomes payable by the
Purchaser and does not any time become payable by the Contractor to the Government/Local authorities
in respect of any material used by the Contractor in the E&C then in such a case, it shall be lawful to the
Purchaser and it will have the right and be entitled to recover the amount paid in the circumstances as
aforesaid from dues of the Contractor.
11.8.2 All materials to be provided by the Contractor shall be in conformity with the specifications laid down in
the Contract and the Contractor shall, if requested by the Engineer- in Charge, furnish proof to the
satisfaction of Engineer-in-Charge that the materials so comply.
11.8.3 The Contractor shall, at his own expense and without delay, supply to the Purchaser, the samples of
materials, proposed to be used in the erection & commissioning. The Engineer-in-charge shall, within
seven days of supply of samples or within such further period as he may require, intimate to the
Contractor in writing, whether samples are approved by him or not. If samples are not approved, the
Contractor shall forthwith arrange to supply to the Engineer-in-charge for his approval fresh samples
complying with the specifications laid down in the Contract.
11.8.4 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 than those for which, satisfactory proof has already been
furnished, at the cost of the Contractor and the Contractor shall provide at his expense all facilities, which
the Purchaser may require for the purpose. If no tests are specified in the Contract and such tests are
required by the Engineer-in-charge, the Contractor shall provide all facilities required for the purpose and
the Purchaser shall bear the cost of material and test charges, only where the tests disclose that the said
materials are in accordance with the provisions of the Contract.
11.8.5 The Engineer-in-charge shall have full powers to require removal of any or all of the materials brought to
Site by the Contractor which 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 Purchaser shall be at liberty to have them removed by other means. The
Engineer-in-charge shall have full powers to procure other proper materials to be 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 be borne by the
Contractor.
11.8.6 The Purchaser's officials concerned with the Contract shall be entitled at any time to-inspect and examine
any materials intended to be used in or on the facilities, either on the Site or at factory or workshop or
other place(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 required for such inspection and examination.
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11.8.7 All materials brought to the Site shall become and remain the property of the Purchaser and shall not be
removed off the Site without the prior written approval of the Engineer-in-charge. But, whenever the
Facilities are finally completed, the Contractor shall at his own expense forthwith remove from the Site all
surplus material originally brought by him and upon such removal, the same shall revest in and become
the property of the Contractor.
11.9.2 If, after acceptance of the tender, the Contractor desires the Purchaser to supply any other materials, such
materials may be supplied by the Purchaser, if available, at rates to be fixed by the Purchaser. The
Purchaser reserves the right not to issue any such materials. The non-issue of such materials will not
entitle the Contractor any compensation whatsoever either in time or in cost.
11.9.3 The Purchaser may issue all the materials to be issued to the Contractor under the Contract, at its Site
stores, or nearest railhead. In case the materials are issued at the nearest railhead the cost of transportation
only from such railhead to the Site will be borne by the Purchaser, 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, storage etc. till the materials is incorporated in the Facilities or
returned to the Purchaser shall be to the account of the Contractor.
11.9.4 For the materials, which the Purchaser has agreed to supply, the Contractor, shall give a reasonable notice
in writing of his requirements to the Engineer-in Charge in accordance with the agreed phased
programme. Such materials shall be supplied for the purposes of the Contract only and the Value of
materials so- supplied at the rates specified in the aforesaid schedule shall be set off or deducted, from any
sums then due or which may thereafter become due to the Contractor.
12.1.2 The contractor is advised to give preference in employment to project affected persons and their
families/persons whose lands/houses have been acquired for setting up the project. The bonafide persons
shall apply to the Contractor and shall be certified by the Purchaser, if required.
12.1.3 The Contractor shall employ labour in sufficient numbers to maintain the required rate of progress and of
quality to ensure workmanship of the degree specified in the Contract and to the satisfaction of the
Engineer-in-Charge. The Contractor shall not employ in connection with the facilities any person who has
not completed eighteen years of age.
12.1.4 Unless otherwise provided in the Contract, the Contractor shall be responsible for the recruitment,
transportation, accommodation and catering of all labour, local or expatriate, required for the execution of
the Contract and for all payments in connection therewith.
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12.1.5 The Contractor shall not permit any of his or his Sub-Contractors employees to maintain any temporary or
permanent living quarters within the structures forming part of the Facilities. No areas inside the Plant and
residential area of Purchaser’s personnel shall be used as labour colony.
12.5.6 The Contractor’s employees shall wear identification badges while on work at Site.
12.2.2 The wages paid to the labourer shall not be less than those fixed by the Government (State/Central
whichever is more) from time to time. Increase in the wages due to any statutory act or by rules framed
thereunder by the State/Central Government or by local authorities during the currency of the contract or
during any valid period of extension of contract shall not be considered for any reimbursement or extra
claim. The Contractor is deemed to have taken this aspect in his unit rates for various items of work
covered under this contract.
12.2.3 The Contractor shall intimate the Purchaser well in advance the date of payment to the workers. A
representative on behalf of the Engineer-in-charge shall be present at the time of payment distribution.
Contractor shall obtain certificate of witness of payment by representative of the Engineer-in-charge.
12.3.2 The Contractor shall not recruit, on either full-time or part-time basis, the staff and labour from other
contractors, working with the Purchaser, without prior approval of the Purchaser.
12.4.2 If the Purchaser is caused to pay or reimburse any amounts as may be necessary to cause or observe, or
for non-observance of the provisions stipulated in the notifications / bye laws / Acts / Rules / regulations
including amendments, if any, on the part of the Contractor, the Purchaser or his representative shall have
the right to deduct such amount and a penalty of 50% of such amount from any money due to the
Contractor including performance security. The Purchaser or his representative shall also have right to
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recover from the Contractor any sum required or estimated to be required for making good the loss or
damage suffered by the Purchaser on account of non-compliance of labour laws.
12.4.3 In the event of the Contractor committing a default or breach of any of the provisions of the aforesaid
contractor's labour regulations as amended from time to time or furnishing any information or submitting
or filling any Form / Register / Slip under the provisions of these regulations which is materially
incorrect, then on the Report of the Inspecting Officer as defined in the respective contractor’s labour
regulations, the Contractor shall without prejudice to any other liability pay to the Purchaser a sum not
exceeding Rs. 5,000/- for every default, breach or furnishing, making, submitting, filling, such materially
incorrect statement and in the event of the Contractor's default continuing in this respect, the penalty may
be enhanced by additional Rs. 500/- per day for each day of default subject to a maximum of five percent
of value of the Purchase Order covering Site work. The Purchaser shall deduct such amount from bills or
Performance Security Bond of the Contractor. The decision of the Purchaser in this respect shall be final
and binding.
12.4.4 The employees of the Contractor and the Sub-contractor in no case shall be treated as the employees of
the Purchaser at any point of time.
12.4.5 List of some of the Major laws applicable to entity engaged in building and other construction / erection
works are listed below. For details, latest versions of relevant Acts and laws should be referred.
Workmen Compensation Act, 1923
Payment of Gratuity Act, 1972
Employees Provident Fund and Miscellaneous Provision Act, 1952
Maternity Benefit Act, 1951
Contract Labour (Regulation & Abolition) Act, 1970
Minimum Wages Act, 1948
Payment of Wages Act, 1936
Equal Remuneration Act, 1979
Payment of Bonus Act, 1965
Industrial Disputes Act, 1947
Industrial Employment’s (Standing Orders) Act, 1946
Trade Unions Act, 1926
Child Labour (Prohibition & Regulation) Act, 1986
Inter-State Migrant workmen’s (Regulation of Employment & Conditions of Service) Act, 1979
The Building and Other Construction workers (Regulation of Employment and Conditions of Service)
Act, 1996 and the Cess Act, 1996
Factories Act, 1948
Employees State Insurance Act, 1948
12.4.6 Contractor shall at his own expense comply with or cause to be complied with the rules framed by the
Government from time to time for the protection of health and for making sanitary arrangements for
workers employed directly or indirectly on the facilities. In case the Contractor fails to make
arrangements as aforesaid, the Purchaser shall be entitled to do so and recover the cost thereof from the
Contractor.
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General Conditions of Contract for Engineering, Procurement and Construction Contracts
12.4.7 The Contractor shall be liable to pay his contribution and the employees contribution to the State
Insurance Scheme in respect of all labour employed by him for the execution of the Contract, in
accordance with the provisions of "The Employees State Insurance Act, 1948" as amended from time to
time. In case the Contractor fails to submit full details of his account of labour employed and the
contribution payable, the Purchaser shall recover from the running bills of Contractor an amount of
contribution as assessed by him. The amount so recovered shall be adjusted against the actual contribution
payable for Employees State Insurance.
12.4.8 The Purchaser shall, on a report having been made by an Inspecting Officer as defined in the Contractor's
Labour Regulations, have the power to deduct from the moneys due to the Contractor any sum required
or estimated to be required for making good the loss suffered by a worker(s) by reason of non-fulfilment
of the conditions of the Contract for the benefit of worker(s), non-payment of wages or of deductions
made from his or their wages which are not justified by the terms of the Contract or non-observance of the
said Contractors Labour Regulations.
12.4.9 In every case in which by virtue of Indian labour laws, the Purchaser is obliged to the pay compensation,
wages or other dues to a workman employed by the Contractor, in execution of the Facilities, the
Purchaser will recover from the Contractor the amount of the compensation, wages or other dues so paid.
The Purchaser shall be at liberty to recover such amount or any part thereof by deducting it from the
Contractor’s bill or the Performance Security Bond or from any sum-due by the Purchaser to the
Contractor whether under this contract or otherwise.
12.4.10 The Purchaser shall not be bound to contest any claim made against it under any of the labour laws in
respect of labour engaged by the Contractor for execution of the Facilities under the Contract, except on
the written request of the Contractor and upon his giving to the Purchaser full security for all costs for
which the Purchaser might become liable in consequence of contesting such claim.
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12.7.2 The Engineer-in-charge may require the Contractor to remove (or cause to be removed) any person
employed on the Site or Facilities, including the Contractor's Representative, who in the opinion of the
Engineer-in-charge:
i) Persists in any misconduct,
ii) Is incompetent or negligent in the performance of his duties, iii) Fails to conform with any provisions
of the contract;
iii) Persists in any conduct which is prejudicial to safety, health, or the protection of the environment; or
iv) Other good and sufficient reasons.
12.7.3 Purchaser's reasonable determination of what constitutes "good and sufficient reasons" for removing any
of such persons shall be conclusive. "Good and sufficient reasons" shall also include any violation of
applicable laws or applicable permits, any default in the performance of any obligations hereunder, and
any failure to adhere to prudent utility practice. If appropriate or required by the Purchaser, the Contractor
shall then appoint (or cause to be appointed) a suitable replacement person acceptable to Purchaser.
12.7.4 Any of the Contractor’s or Sub-contractor’s personnel removed under this clause shall not be again
employed upon the Facilities without permission of the Purchaser. The contractor shall then appoint a
suitable replacement person.
12.8.2 The Contractor shall also submit on the 7th day of every month to the Purchaser a true statement showing
in respect of the preceding month,
(i) the accidents that occurred during the said month showing the circumstances under which they
happened, the extent of damage and injury caused by them and
(ii) the number of female workers who have been allowed maternity benefit as provided in the Maternity
Benefit Act, 1961 or Rules made there under and the amount paid to them.
12.8.3 The Contractor shall keep complete and accurate records of the employment of labour at the Site. The
records shall include the names, ages, genders, hours worked and wages paid to all workers. These
records shall be summarized on a monthly basis and submitted to the Purchaser and these records shall be
available for inspection by Auditors during normal working hours.
12.9.1 The Contractor may subject to Applicable Laws to import and employ such staff, artisans, and labourers
as are required in order to execute the Facilities.
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12.9.2 The Contractor shall ensure that all such staff and labour are provided with the required residence visa and
work permits as governed by the relevant Applicable Laws and government regulations in force from time
to time and to keep them in full force.
12.9.3 The Contractor shall be responsible for the return of all such staff and labour to the place from where they
were recruited or to their domicile. The Contractor shall be responsible for such persons as are to be
returned until they shall have left the Site, or in the case of foreign nationals, who have been recruited
outside the country, shall have left the country.
12.9.4 The Contractor shall also provide suitable temporary maintenance of all such persons from the cessation
of their employment on the Contract to the date programmed for their departure. In the event that the
Contractor defaults in providing such means of transportation and temporary maintenance, the Purchaser
may provide the same to such personnel and recover the cost of doing so from the Contractor
12.9.5 In the event of the death in the India any of these personnel or members of their families, the Contractor
shall similarly be responsible for making the appropriate arrangements for their return or burial.
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13.4.2 The Contractor shall indemnify and hold the Purchaser harmless against and from all damages, losses and
expenses (including legal fees and other expenses) resulting from any such interference.
13.5.2 The contractor shall ensure effective work permit system for welding and cutting operation and take all
preventive actions to avoid fire.
13.5.3 The Contractor will make his own arrangements for fire-fighting including providing water and other
requirements both at the project site and labour camp at his own cost. The equipment required for this
purpose will be installed and maintained by the contractor during the entire construction period till the
Facilities are handed over to NPCIL authority. The Contractor will ensure adequate training to his
personnel on fire fighting.
13.5.4 In case of an emergency, the contractor shall allow the Purchaser to use his fire fighting system for
protecting equipment, Facilities and material belonging to the Purchaser or other agencies at Site.
13.5.5 Notwithstanding this, the contractor shall be entirely responsible for the consequences arising due to fire
during currency of this Contract and no payment will be made or no claim will be entertained on any
account by the Purchaser.
13.5.6 The Contractor shall furnish along with the tender, the details of the fire protection measures that he
proposes to adopt during the work executions. Later the contractor shall submit his fire protection scheme
for approval by the Engineer-in-charge.”
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13.6.2 The contractor, his employees and agents shall not disclose any information or drawings furnished to him
by the Purchaser. Any drawings, reports and other information prepared by the contractor or by the
Purchaser or jointly by both for execution of the contract shall not be disclosed without prior written
approval of the Engineer.
13.6.3 No photographs of the Facilities or plant within site premises shall be taken without prior written
permission of the Engineer.
13.6.4 The contractor will have to make own arrangement for security guards to ensure proper safe guards for
material under his control and for his establishment. He may have to liaison with local police and
Purchaser’s security.
13.9.2 The Contractor shall, immediately upon discovery of any such articles, promptly give notice to the
Engineer-in-charge who shall issue instructions for dealing with it. If the Contractor suffers delay and/or
incurs Cost for complying with the instructions, the Contractor shall give a further notice to the Engineer-
in-charge and shall be entitled for:
(a) an extension of time for any such delay, if completion is or will be delayed, under GCC sub-clause
20.1 [Extension of Time for Completion], and
(b) the payment which is mutually agreed based on the claim made by the contractor and the proper
supporting documents.
13.9.3 After receiving this further notice, the Engineer-in-charge shall proceed to agree or determine these
matters.
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13.11.1 The Contractor shall take all reasonable steps to protect the environment (both on and off the Site) and to
limit damage and nuisance to any people and property resulting from pollution, noise and other results of
his operations.
13.11.2 The Contractor shall ensure that emissions, surface discharges and effluent from the Contractor’s
activities shall not exceed the values stated in the Specification, if any, or prescribed by applicable Laws.
13.13.2 Trees designated by the Engineer-in-charge shall be protected from damage during the course of the
Facilities and earth level within 1 metre of each such tree shall not be changed. Where necessary, such
trees shall be protected by providing temporary fencing. Where tree cutting is involved, procedures as
directed by the Engineer-in-charge shall be complied with.
13.14 Nuisance
13.14.1 The Contractor shall not at any time do, cause or permit any nuisance on Site or do anything, which shall,
cause unnecessary disturbance or inconvenience to the owners, tenants or occupants of other properties
near the Site and to the general public.
13.15.2 The Contractor shall also so arrange to perform his work as to minimize, to the maximum extent possible,
interference with the work of other Contractors and his workmen. Any injury or damage that may be
sustained by the employees of the other Contractors and the Purchaser, due to the Contractor’s work shall
promptly be made good at his own expense. The Purchaser shall determine the resolution of any
difference or conflict that may arise between the Contractor and other Contractors or between the
Contractor and the workmen of the Purchaser in regard to their work. If the facility of the Contractor is
delayed because of any acts of omission of another Contractor, the Contractor shall have no claim against
the Purchaser on the account other than an extension of time for completing his facilities.
13.15.3 The Engineer-in-charge shall be notified promptly by the Contractor of any defects in other Contractor’s
works that could affect the Contractor’s works. The Engineer-in-charge shall determine the corrective
measures if any, required to rectify this situation after inspection of the facilities and such decisions by the
Engineer-in-charge shall be binding on the Contractor.
13.15.4 The Engineer-in-charge shall hold periodic meetings with the contractors working at Site, at a time and a
place to be designated by him. The Contractor shall attend such meetings and shall strictly adhere to the
decisions taken during the meeting in performing his works.
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13.15.5 The field activities of the contractors working at Site will be coordinated by the Engineer-in-charge and
his decision shall be final in resolving any disputes or conflicts between the Contractor and other
contractors regarding scheduling and co-ordination of work.
13.16.2 The Contractor shall at his own expense arrange for Compliance of “Contract Conditions for Industrial
Safety” as appended to this GCC or as required by the Purchaser in respect of all labour directly or
indirectly employed, for performance of the Facilities and shall provide all facilities in connection
herewith. In case the Contractor fails to comply with these conditions, the Purchaser shall be entitled to
take steps as necessary to ensure compliance and recover the cost thereof from the Contractor
b) If all these items have not been removed within 30 days after receipt by the Contractor of the
Operational Acceptance Certificate, the Purchaser may sell or otherwise dispose of any remaining
items. The Purchaser shall be entitled to be paid the costs incurred in connection with, or attributable
to, such sale or disposal and restoring the Site.
14 SETTING OUT
14.1 Setting out the work
14.1.1 The Engineer-in-Charge shall provide dimensioned drawings, levels, benchmarks, reference marks and
lines to the Contractor. The Contractor shall be responsible for the true and proper setting-out of the
Facilities in relation to benchmarks, reference marks and lines provided to it in writing by or on behalf of
the Purchaser.
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14.1.2 The Contractor shall protect and preserve all benchmarks used in setting out the facilities till the end of
Defect Liability Period unless Engineer-in-Charge directs their earlier removal.
14.1.3 If, at any time during the progress of installation of the Facilities, any error shall appear in the position,
level or alignment of the Facilities, the Contractor shall forthwith notify the Engineer-in-Charge of such
error and, at its own expense, immediately rectify such error to the reasonable satisfaction of the
Engineer-in-Charge. If such error is based on incorrect data provided in writing by or on behalf of the
Purchaser, the expense of rectifying the same shall be borne by the Purchaser.
15.1.2 Further, where complexity of work on safety is involved, the contractor shall submit written procedure,
where requested by the Engineer-in-charge and will also carry out the mock up.
15.2.2 The Contractor shall arrange for weekly erection progress review meetings with the Engineer-in-Charge
during which the actual progress during the week vis-à-vis scheduled programme shall be pin-pointed and
the Contractor shall indicate the corrective actions already initiated as well as those he proposes to
initiate. The programme for the subsequent week shall be presented by the Contractor for discussion,
review and approval by the Engineer-in-Charge. The Contractor shall constantly update/revise his work
programme to meet the overall requirement as stipulated.
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15.2.3 The contractor shall submit every week to the Engineer-in-charge 3 copies of following reports:
a) Progress Report as per the items in Schedule Of Quantities & Rates.
b) Welders Performance & Qualification records.
In addition to above, the following reports shall be submitted to the Engineer every month:
a) Monthly Progress Report
b) Three Monthly Planning Report
15.3 Records
15.3.1 The contractor shall maintain records pertaining to the quality of work & inspection attesting compliances
with all technical requirements. These records shall be in suitable format indicated by the Engineer-in-
charge. The contractor shall submit copies of such records to the Engineer-in-charge within 7 days prior
to submitting bill for progress payment / completion of any particular work.
15.3.2 The reports concerning welding, alignment of equipment, flanges etc. is included in this category for
material supplied, erected by him. The contractor shall forward to the Engineer-in-charge one copy of
test certificates pertaining to the origin & specification of materials.
15.4.2 Except where any general or detailed description of the work expressly shows to the contrary,
measurements shall be taken in accordance with the procedure set forth in the Technical Specifications,
not withstanding any provision in the relevant Standard Method of Measurement or any general or local
custom. In the case of items which are not covered by the Schedule of Rates / Technical Specification,
measurement shall be taken in accordance with the relevant Standard Method of Measurement issued by
the Bureau of Indian Standards and if for any item no such standard is available, then a mutually agreed
method shall be followed
15.4.3 All items having a financial value shall be entered in Measurement Book/ Computerized measurements,
Level Book etc. prescribed by the Engineer-in-charge so that a complete record is obtained of all work
performed under the Contract.
15.4.4 Measurement shall be taken jointly by the Engineer-in-Charge or his authorized representative and by the
Contractor or his authorized representative from time to time.
15.4.5 Before taking measurements of any work, the Engineer-in-Charge or his authorized representative shall
give a reasonable notice to the Contractor. If the Contractor fails to attend or send his authorized
representative for measurement after such a notice or fails to counter-sign or to record his objections with
in a week from the date of measurement, then in any such event, measurements taken by the Engineer-in-
Charge or by his authorized representative shall be taken to be the correct measurement of the work.
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15.4.6 The Contractor shall without extra charge, provide all assistance with every appliance, labour and other
things necessary for measurements. Measurements shall be signed and dated by both parties from time to
time on the Site during the progress of the Work.
15.4.7 If the Contractor objects to any of the measurements recorded on behalf of the Purchaser, a note to that
effect shall be made with reasons and such note shall be signed and dated by both parties engaged in
taking the measurements. The decision of Engineer- in-Charge on such dispute or difference or
interpretation shall be final and binding on both the parties and shall be beyond the scope of the
settlement of dispute by Arbitration in respect of all contract items, substituted items, extra Items and
deviations.
During execution of the Contract and on attaining completion and handing over of the Facilities, the
Contractor shall tally all items/materials as per BOQ (refer GCC Clause No.9.2) have been delivered.
Ownership of any Plant and Equipment and other materials in excess of the requirements for the Facilities
(i.e. surplus material) shall revert to the Contractor upon completion of the Facilities and Guarantee Test
or at such earlier time when the Purchaser and the Contractor agree that the surplus materials in question
are no longer required for the Facilities, provided quantity of any Plant and Equipment specifically
stipulated in the tender shall be the property of the Purchaser whether or not incorporated in the Facilities.
The Contractor shall remove from the Site such surplus material brought by him in persuasion of the
Contract, subject to the Contractor producing the necessary clearance from the relevant authorities
(Customs, Excise etc), if required by law, in respect of re-export or disposal of the surplus materials
locally. The liability for the payment of the applicable Taxes/Duties if any, on the surplus material so re-
exported and/or disposed locally shall be that of the Contractor.
In case the laws require the Purchaser to take prior permission of the relevant Authorities before handing
over the surplus material to the Contractor, the same shall be obtained by the Contractor at his cost, on
behalf of the Purchaser.
The Contractor shall also indemnify to keep the Purchaser 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 surplus material. The Indemnity Bond shall be furnished by the Contractor as per the
format enclosed with this GCC.
In the event the Contractor is not able to procure and produce necessary clearance from the relevant
authorities (Customs, Excise etc) in respect of re-export or disposal of the surplus material, such material
out the BOQ shall be handed over to the Purchaser and deposited at the Purchaser’s Stores at Site.
(b) Scrap/Wastage:
The term Scrap shall refer to scrap/waste/remnants arising out of the fabrication/structural work
(structural steel work and piping work) at the project/site in the course of execution of the Contract.
Scrap shall also include any wastage of cables during the termination process while installing the cables.
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The ownership of such scrap shall vest with the Contractor except in cases where items have been issued
by the Purchaser from its stores for their installation only without any adjustment to contract price. The
removal of scrap shall be subject to the contractor producing the necessary clearance from the relevant
Authorities (Customs/Excise etc), if required by law, in respect of disposal of the scrap. The liability for
payment of the applicable taxes/duties, if any, shall be that of the Contractor.
The Contractor shall also indemnify to keep the Purchaser 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. The Indemnity Bond shall be furnished by the Contractor as per the format
enclosed with this GCC. In case the law require the Purchaser to take prior permission of the relevant
authorities before handing over the scrap to the Contractor, the same shall be obtained by the Contractor
at his cost, on behalf of the Purchaser.
15.5.2 Material Accounting for Free Issue Material for Site work – (other than items supplied by the Contractor
under the same package)
(a) In the event Purchaser issues FIM for site work, the Contractor shall prepare a full account of the
material used in the Facilities and balance available with him for return.
(b) The Contractor shall furnish the cutting schedule for the approval of the Engineer prior to starting of
any activity. These include fabrication and installation of support/ pipeline, cable installation, GI duct
fabrication etc. This is required to cut down the amount of scrap at the end of the Contract. Whereas
the contractor will have to deposit the permissible accountable wastage scrap to the Purchaser’s
stores, recovery shall be made for such excess wastages / scrap beyond permissible limits. Recovery
shall be made as per the provisions applicable for erection and commissioning.
(d) Scrap / waste (both accountable and unaccountable) upto permissible limit as per GCC clause no. 15.7
(Permissible Limits of Wastage / Scrap), out of the FIM supplied shall be to the account of the
Purchaser. However, generation of scrap/ waste beyond the permissible limit given shall be to the
account of the Contractor. In such an event, recovery shall be made from the Contractor for the value
of items / materials as per unit rate of the PO corresponding to quantity of scrap (both accountable
and unaccountable) beyond permissible limits after adjusting for residual value of such excess scrap.
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(ii) SS pipes 50 mm dia. and below – SS pipe pieces less than 0.5 meter in length shall be treated as
scrap.
(iii) Structural Steel less than 1 meters in length shall be treated as scrap.
(iv) In respect of plates having thickness 20 mm & below, the size of plate having dimension 1mtr x
1mtr & below will be considered as scrap. In case of plates having thickness of above 20 mm, the
size of plate having dimension 1mtr x 0.5 mtr & below will be considered as scrap.
(v) CS/GI/SS pipes, all sizes above 50 mm dia. Pipe pieces less than 0.5 meter in length shall be treated
as scrap.
(vi) GI Sheet - less than 2mtr x 2mtr size.
(vii) GI Conduit/ SS tubes of various sizes – of lengths less than 3 meters shall be treated as scrap.
(viii) Power and Control Cables of various types and sizes of length less than 50 meters shall be treated
as scrap.
(ix) Wires of different types and sizes of length less than 20 meters shall be treated as scrap.
(x) Pipe Fittings & valves, lighting fixtures & receptacles and other similar items shall not be accepted
as scrap. However, the welded fittings and valves etc. above 50 mm dia., which are rendered
surplus by virtue of change in layout, drawings, errors, etc. shall be deposited to the Engineers’
stores after the edges have been prepared by the contractor without any extra charges. In case, the
Contractor fails to prepare the edges, an amount equal to 20% of the cost of welding will be
recovered from the Contractor’s bills at the rates prescribed in Schedule of Quantities & Rates.
(xi) For any other item / material not covered above, the sizes of scrap will be mutually agreed as per
the industry practices.
Unaccountable
Sr.No. Item Accountable Total
(max.)
a CS Pipes 4% 2% 6%
b SS Pipes 4% 1% 5%
c CS Structural and Plates 4% 3% 7%
d GI Conduit/ SS Tube 4% 1% 5%
e GI Sheet 4% 1% 5%
f Cables 2% 1% 3%
15.7.2 Wastage shall be accountable by weight in case of structural, plates and by running length in case of other
items.
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site. No payment on account of loading, carting transportation, unloading, stacking, hoisting and hauling
will be made by the Purchaser.
16.1.2 Quality Management System of Contractor: In order to provide assurance to the purchaser, the contractor
shall, based on the Purchaser's QA Programme, prepare a QA manual, which shall be finally accepted by
the Purchaser after discussions before commencement of work. The Quality Management System of the
contractor shall generally cover, but not limited to the following:
a) His organization structure for the management and implementation of the proposed quality
management system including interfaces.
b) Design capabilities & control.
c) Documentation control system.
d) Qualification data for Contractor’s key personnel.
e) The procedure for purchase or materials, parts, components and selection of Sub-contractor’s services
including vendor analysis, source inspection, incoming raw material inspection, verification of
materials purchased etc.
f) Traceability of material used in production.
g) System for shop manufacturing, construction/fabrication and site erection controls through QA plans.
h) Control of non-conforming items and system for corrective and preventive actions, including disposal
of non-conforming items.
i) Inspection and test procedures both for manufacture and field activities (construction and erection).
j) Control of calibration and testing of inspection, measuring and testing equipment
k) System of indication and appraisal of inspection status.
l) System of quality audits.
m) Training, certification and authorization of personnel.
n) System for authorizing release of manufactured product to the Purchaser. System of intimation by the
contractor, and approval by the Purchaser of stages of completion of facilities.
o) System for maintenance of records.
p) System for handling, storage, preservation and delivery of items.
16.1.3 In addition, the contractor shall establish a quality plan detailing out the specific quality control procedure
to be adopted for controlling the quality characteristics relevant to each item of equipment/facilities which
are to be supplied and erected as per the contract, in consultation with the Project Manager and have it
approved by him before start of the work. The contractor shall also submit a list of all key persons to be
engaged in the contract, along with their qualification, experience, organizational position etc.
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16.1.4 It is to be understood that the role of NPCIL QA is mainly to ensure that proper QA System, as agreed
upon mutually between Purchaser and Contractor, is being implemented by contractor and his sub-
contractor, and not inspection. NPCIL QA will carry out random quality check, for which certain
tests/inspections may be required to be repeated, as stipulated in approved QAP. For compliance with
above requirements, “Quality Assurance in EPC contracts” attached in the tender document shall be
followed.
16.1.5 The Contractor shall be required to submit the relevant Quality Assurance document within three weeks
of completion, which shall include relevant test reports connected with all engineering controls adopted
by him during manufacture/construction. The Project Manager/ Purchaser or his duly authorized
representative reserves the right to carry out Quality Audit and Quality Surveillance of the systems and
procedures of the Quality Management and Control Activities of the Contractor/ his vender.
16.2.2 The Contractor shall give the Purchaser’s Personnel full opportunity to carry out these activities,
including providing access, facilities, permissions and safety equipment. No such activity shall relieve the
Contractor from any obligation or responsibility.
16.2.3 The Plant and Equipment / Facilities (in part or full) shall be offered by the Contractor for inspection at
place of manufacture and/or on the site or at such places as may be specified by the Inspector at the
Contractor's risk, expense and cost. The Contractor shall give notice of readiness of Stores/ facilities for
inspection to the Inspector and shall perform all tests and inspection in presence of the Inspector as per
the terms of the Purchase specifications and approved inspection plan. In default of such notice, the
Project Manager/ Purchaser shall be entitled to appraise the quality and extent thereof.
16.2.4 Test Certificates and Guarantee Certificates if required by the Inspector shall be obtained and furnished to
him free of cost by the Contractor and/or from the specified agency.
16.2.5 The Contractor shall promptly forward to the Purchaser duly certified reports of the tests. When the
specified tests have been passed, the Purchaser shall endorse the Contractor’s test certificate, or issue a
certificate to him, to that effect.
16.2.6 Where consignments are required to be delivered / despatched after inspection by the Inspector as per the
Contract, a "Shipping Release" issued by the Inspector shall be enclosed along with the delivery challan
or other shipping documents viz. (Lorry Receipt, Railway Receipt) accompanying the consignments.
16.2.7 The Contractor agrees that neither the execution of a test and/or inspection of Plant and Equipment or any
part of the Facilities, nor the attendance by the Purchaser or the Engineer-in-charge, nor the issue of any
test certificate, shall release the Contractor from any other responsibilities under the Contract.
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16.2.8 If any dispute or difference of opinion shall arise between the parties in connection with or arising out of
the test and/or inspection of the Plant and Equipment or part of the Facilities that cannot be settled
between the parties within a reasonable period of time, it may be referred to Arbitration for determination
in accordance with GCC clause no. 22 (Settlement of Disputes).
16.2.9 Except as otherwise specified in the Contract, the Contractor shall provide all apparatus, assistance,
documents and other information, electricity, equipment, fuel, consumables, instruments, labour,
materials, and suitably qualified and experienced staff, as are necessary to carry out the specified tests
efficiently. The Contractor shall agree, with the Purchaser the time and place for the specified testing of
any Plant, Materials and other parts of the Facilities.
16.2.10 The Purchaser may require the Contractor to carry out any test and/or inspection not covered by the
Contract, provided that the Contractor’s reasonable costs and expenses along with taxes & duties as
applicable, incurred in the carrying out of such test and/or inspection shall be payable extra by the
Purchaser. Further, if such test and/or inspection impedes the progress of work on the facilities and/or the
Contractor’s performance of its other obligations under the Contract, due allowance will be made in
respect of the Time for Completion and the other obligations so affected.
16.2.11 No part of the facilities 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 afford full opportunity for examination
and measurement of any part of the facilities which is about to be covered up or put out of view and for
examination of foundations before permanent work is placed thereon.
16.2.12 The Contractor shall give due notice to the Engineer-in-charge or his authorized representative whenever
any such part of the facilities or foundation is ready for examination and the Engineer-in-charge or his
representative shall without unreasonable delay, unless he considers it unnecessary and advises the
Contractor accordingly, attend for the purpose of examining and measuring such part of the facilities or of
examining such foundations. In the event of the failure of the Contractor to give such notice, he shall, if
required by the Engineer-in-charge, uncover such work at the Contractor’s expense.
16.2.13 The stores received by the Purchaser will also be subject to inspection and test as may be considered
necessary by the Quality Surveillance Engineer / Purchaser and his decision as regards rejection of Stores
shall be final and binding on the Contractor. If any stores are rejected as aforesaid, without prejudice to
the foregoing provision, the Purchaser shall be at liberty to:
a) Allow the Contractor to resubmit without prejudice to the Purchaser’s right to claim and recover
Liquidated Damages as provided in GCC clause no.6.2 (Delay in Supply), Stores in replacement of
those rejected within a time specified by Purchaser, the contractor bearing the cost of freight for such
replacement without being entitled to any extra payment thereof.
b) Buy the quantity of Stores rejected or other items of similar nature from elsewhere at the risk and cost
of the Contractor in accordance with the provisions contained in GCC clause no. 21.5 (Cancellation /
Termination of Contract in Full or Part).
16.2.14 Any Stores submitted for inspection and rejected by the Inspector must be removed by the Contractor
within fourteen days from the date of receipt of intimation of rejection provided that in case of dangerous,
infected or perishable Stores, the Inspector (whose decision shall be final) shall notify the Contractor to
remove such Stores within 48 hours of receipt of intimation of rejection and it shall be the duty of the
Contractor to remove such rejected Stores and the same shall lie at the Contractor's risk from the time of
such rejection and if not removed within the aforementioned time, the Purchaser shall have the right either
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to return the rejected Stores to the Contractor at the Contractor's risk by such mode of transport as
Purchaser may select, dispose off or segregate such Stores as he thinks fit at the Contractor's risk and on
his account and appropriate such portion of the proceeds as may be necessary and recover any damages or
expenses incurred by the Purchaser in connection with said sale and storage, if any. Freight paid by the
Purchaser on Stores received and rejected after examination at destination shall be recoverable from the
Contractor.
16.3.2 In such case the Engineer-in-Charge may not accept the item or work at the rates applicable under the
contract but may accept such items at reduced rates as the competent authority may consider reasonable
during the preparation of on account bills or final bill if the item is so acceptable without detriment to the
safety and utility of the item and the structure or he may reject the work outright without any payment.
16.3.3 The Contractor shall uncover any part of the facilities or foundations, or shall make openings in or
through the same as the Engineer-in-charge may from time to time require at the Site, and shall reinstate
and make good such part or parts.
16.3.4 If any parts of the facilities or foundations have been covered up at the Site after compliance with the
requirement of GCC clause no. 16.2.11 and are found to be executed in accordance with the Contract, the
expenses of uncovering, making openings in or through, reinstating, and making good the same shall be
borne by the Purchaser, and the Time for Completion shall be reasonably adjusted to the extent that the
Contractor has thereby been delayed or impeded in the performance of any of its obligations under the
Contract. In any other case all such expenses shall be borne by the Contractor and resulting delays, if any,
shall be attributable to the Contractor.
16.3.5 If the Contractor fails to comply with the instruction, the Purchaser shall be entitled to employ and pay
other persons to carry out the work. Except to the extent that the Contractor would have been entitled to
payment for the work, the Contractor shall pay to the Purchaser all costs arising from this failure.
16.3.6 Splashes and droppings from white washing, painting etc; shall be removed and surfaces cleaned
simultaneously with completion of these items of work in individual rooms, quarters or premises etc.
where the work is done, without waiting for completion of all other items of work in the Contract. In case
the Contractor fails to comply with the requirements of this clause, the Engineer-in-Charge shall have the
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right to get the work done by other means at the cost of the Contractor. Before taking such action
however, the Engineer-in-Charge shall give three days notice in writing to the Contractor.
17 COMPLETION OF FACILITIES
17.1 Completion of Erection and Pre-commissioning of the Facilities
17.1.1 As far as technical requirements are concerned, the construction shall be considered completed when the
equipment, piping systems, electricals, instrumentation and other auxiliaries are installed complete in all
respects in accordance with drawings and specifications and have passed all examination, inspection and
tests requirements described in technical specifications issued with this document. The Contractor shall
make Erection Completion Certificate (ECC) attaching all relevant documents needed for attesting above.
The Certificate in the approved proforma shall be submitted to the Engineer-in-Charge and shall be
subject to endorsement by the Engineer-in-Charge, QS and Field Engineer. In case of any deficiency
revealed subsequently during the testing or commissioning of any parts of the facilities completed shall be
rectified expeditiously and in consultation with the Engineer-in-Charge and QS so as not to delay other
works or testing.
17.1.2 As soon as the Facilities or any part thereof has, in the opinion of the Contractor, been completed
mechanically and structurally and put in a tight and clean condition as specified in the Technical
Specifications, excluding minor items not materially affecting the operation or safety of the Facilities, the
Contractor shall so notify the Engineer-in-Charge in writing, along with necessary documentation.
17.1.3 Within seven (7) days after receipt of the notice from the Contractor under GCC sub-clause 17.1.2, the
Purchaser shall provide the utilities, chemicals, catalysts, facilities, services and other matters that are not
in the scope of the Contractor required for Pre-commissioning of the Facilities or any part thereof.
17.1.4 As soon as reasonably practicable after the utilities, chemicals, catalysts, facilities, services and other
matters have been provided by the Purchaser in accordance with GCC clause no. 17.1.3, the Contractor
shall commence Pre-commissioning of the Facilities or the relevant part thereof.
17.1.5 As soon as all work in respect of Pre-commissioning are completed and, the Facilities or any part thereof
is ready for Commissioning in accordance with Technical Specifications, the Contractor shall so notify
the Engineer-in-Charge in writing.
17.1.6 The Engineer-in-Charge shall, within fourteen (14) days after receipt of the Contractor’s notice under
GCC sub-clause no. 17.1.5, either issue an Erection Completion Certificate in the form specified in the
Annexure to GCC, stating that the Facilities or that part thereof have reached Erection Completion as of
the date of the Contractor’s notice under GCC. sub-clause no. 17.1.5, or notify the Contractor in writing
of any defects and/or deficiencies.
If the Engineer-in-Charge notifies the Contractor of any defects and/or deficiencies, the Contractor shall
then correct such defects and/or deficiencies, and shall repeat the procedure described in GCC sub-clause
no. 17.1.5. If the Engineer-in-Charge is satisfied that the Facilities or that part thereof have reached
Erection Completion, the Engineer-in-Charge shall, within seven (7) days after receipt of the Contractor’s
repeated notice, issue an Erection Completion Certificate stating that the Facilities or that part thereof
have reached Completion of Erection as of the date of the Contractor’s repeated notice. If the Engineer-in-
Charge is not so satisfied, then it shall notify the Contractor in writing of any defects and/or deficiencies
within seven (7) days after receipt of the Contractor’s repeated notice, and the above procedure shall be
repeated.
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17.1.7 If the Project Manager fails to issue the of Erection Completion Certificate and fails to inform the
Contractor of any defects and/or deficiencies within fourteen (14) days after receipt of the Contractor’s
notice under GCC sub-clause no. 17.1.5 or within seven (7) days after receipt of the Contractor’s repeated
notice under GCC sub-clause no. 17.1.6, the Contractor shall be entitled to extension of time as per GCC
Clause No.20.1 to the extent of delay in handing over of the Facilities caused by such failure on the part
of the Purchaser.
17.1.8 As soon as possible after Completion of Erection, the Contractor shall complete all outstanding minor
items so that the Facilities are fully in accordance with the requirements of the Contract, failing which the
Purchaser will undertake such completion and deduct the costs thereof from any payment due to the
Contractor
17.1.9 Upon Completion of Erection, the Contractor shall continue to be responsible for the care and custody of
the Facilities or the relevant part thereof, together with the risk of loss or damage thereto, till the Facilities
or the relevant part thereof are taken over by the Purchaser subsequent to Commissioning, Performance
Testing and Acceptance.
18.1.2 The Purchaser shall supply all utilities, chemicals, catalysts, facilities, services and other matters as per the
contract as well as O&M personnel if specifically provided for in the contract, required for
Commissioning. Any delay by the Purchaser for providing these items/ facilities required for
commissioning, which ultimately delays completion and handing over of the facilities beyond the CDD
shall be dealt in accordance with GCC sub-clause no. 20.1 and 20.2.
18.1.3 Commissioning of the facilities shall be assumed to be completed when the trial run is executed without
any abnormal operations, with all the parameters of the Plant and Equipment within acceptable limits and
the Facility is handed over to the Purchaser by the Contractor certifying that the Facility is allowed to run
at full load on continuous basis without any restrictions.
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(b) all minor items mentioned in GCC sub-clause no. 17.1.8 hereof relevant to the Facilities or that part
thereof have been completed.
(c) completion by the Contractor all Technical documentation as per the contract and acceptance of the
same by the Project Manager/ Engineer-in-Charge.
18.3.2 At any time after Operational Acceptance as set out in GCC sub-clause no.18.3.1 have occurred, the
Contractor may give a notice to the Engineer-in-Charge requesting the issue of an Operational
Acceptance Certificate in the form provided in the Annexure to GCC or in another form acceptable to the
Purchaser in respect of the Facilities or the part thereof specified in such notice, as of the date of such
notice.
18.3.3 The Engineer-in-Charge shall within seven (7) days after receipt of the Contractor’s notice, issue an
Operational Acceptance Certificate or intimate the Contractor in writing the justifiable reasons for not
issuing the Operational Acceptance Certificate.
19.1.2 The Contractor may from time to time during its performance of the Contract propose to the Purchaser
(with a copy to the Project Manager) any Change that the Contractor considers necessary or desirable.
The Purchaser may at its discretion approve or reject any Change proposed by the Contractor.
19.1.3 Notwithstanding GCC sub-clauses no. 19.1.1 and 19.1.2, no change made necessary because of any
default of the Contractor in the performance of its obligations under the Contract and/or for Contractor’s
convenience, shall be deemed to be a Change, and such change shall not result in any adjustment of the
Contract Price or the Time for Completion.
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The pricing of any Change shall, as far as practicable, be calculated in accordance with GCC sub-clause
no. 19.4 (Pricing the Change Proposal).
19.2.2 Upon receipt of the Change Proposal, the Purchaser and the Contractor shall mutually agree upon all
matters therein contained. Within thirty (30) days after such agreement, the Purchaser shall, if it intends to
proceed with the Change, issue the Contractor with a Change Order.
If the Purchaser is unable to reach a decision within thirty (30) days, it shall notify the Contractor with
details of when the Contractor can expect a decision.
If the Purchaser decides not to proceed with the Change for whatever reason, it shall, within the said
period of thirty (30) days, notify the Contractor accordingly.
19.2.3 If the Purchaser and the Contractor cannot reach agreement on the price for the Change, an equitable
adjustment to the Time for Completion, or any other matters identified in the Change Proposal, the
Purchaser may nevertheless instruct the Contractor to proceed with the Change by issue of a “Pending
Agreement Change Order.”
Upon receipt of a Pending Agreement Change Order, the Contractor shall immediately proceed with
effecting the Changes covered by such Order. The parties shall thereafter attempt to reach agreement on
the outstanding issues under the Change Proposal.
If the parties cannot reach agreement within ninety (90) days from the date of issue of the Pending
Agreement Change Order, then the matter may be referred to the Arbritration in accordance with the
provisions of GCC clause no. 22 (Settlement of Disputes).
19.4.2 Additional cost to be claimed by the Contractor pursuant to GCC sub-clause No. 19.4.1 (a) and (b) will be
worked out as below:
(a) For supply of items other than for Civil Works:
The Purchaser will reimburse the actual cost of procurement of additional quantity of existing
purchase order items and/or new items i.e. FOR site price inclusive of all taxes, duties and freight
charges and will admit the handling charges @ 15% on the above FOR site price. While
undertaking the procurement of these items, the Contractor will follow their purchase
procedure/practices and submit related documents in support of his claim.
(b) For Erection & Commissioning and Civil Works:
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Additional cost implication will be mutually agreed between the parties based on Purchaser’s cost
estimates.
20 TIME EXTENTION
20.1 Extension of Time for Completion
20.1.1 The Time(s) for Completion specified in the Contract pursuant to GCC sub-clause no. 4.2.2 shall be
extended if the Contractor is delayed or impeded in the performance of any of its obligations under the
Contract by reason of any of the following:
(a) any Change in the Facilities as provided in GCC clause no. 19
(b) any occurrence of Force Majeure as provided in GCC clause no. 6.12, or other occurrence of any of
the matters specified or referred to in paragraphs (a), (b) and (c) of GCC sub-clause no. 6.6.5
(c) any suspension order given by the Purchaser under GCC sub-clause no. 21.1.1 (ii) & (iii)
(d) any delay in approval of drawing / document by the Purchaser, under GCC Sub-clause no. 8.3.3
(e) any default or breach of the Contract by the Purchaser, specifically including failure to supply the
items listed in the Contract, or any activity, act or omission of any other contractors employed by the
Purchaser
(f) delays attributable to the Purchaser and included in Hindrance Register pursuant to GCC clause no. 7.6
(Hindrances)
(g) any delay in issuing Erection Completion Certificate pursuant to GCC sub-clause no. 17.1.7
(h) any other matter specifically mentioned in the Contract
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 Contractor
20.1.2 Except where otherwise specifically provided in the Contract, the Contractor shall submit to the Purchaser
a request for an extension of the Time for Completion, together with particulars of the event or
circumstance justifying such extension as soon as reasonably practicable after the commencement of such
event or circumstance. As soon as reasonably practicable after receipt of such request and supporting
particulars, the Purchaser shall intimate the Contractor the period of such extension. In the event that the
Contractor does not accept the Purchaser’s estimate of a fair and reasonable time extension, the
Contractor shall be entitled to refer the matter for resolution, pursuant to GCC clause no. 22 (Settlement
of Disputes).
20.1.3 The Contractor shall at all times use its reasonable efforts to minimize any delay in the performance of its
obligations under the Contract.
20.1.4 The Purchaser shall extend the time(s) for completion as agreed between the parties pursuant to GCC sub-
clause no. 20.1.2 without levy of Liquidated Damages. In the event of grant of such extension of time, the
Purchaser shall also reimburse the contractor increase in Statutory levies, if any, in the extended delivery
period.
20.1.5 In the event of grant of extension of time as per this GCC clause no. 20.1 (Extension of Time for
Completion), the provisions of price adjustment as per GCC clause no. 5.4 (Price Adjustment) shall also
be applicable in this extended time for completion subject to overall ceiling of price adjustment as per
GCC sub-clause no. 5.4.3 (a) and (b) and as per provision of GCC sub-clause no. 5.5.6 and 5.6.3.
20.1.6 In the event of extension of time for delays due to reasons attributable to the Contractor, the provisions of
this GCC clause no. 20.1 (Extension of Time for Completion) shall not be applicable and provisions of
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GCC clause no. 6.2 (Delay in Supply) and/or GCC clause no. 21.5 (Cancellation / Termination of
Contract in Full or Part) shall be applicable in such cases.
Such notice shall specify the obligation of which performance is to be suspended, the effective date of the
suspension and the reasons therefore. The Contractor shall there upon suspend performance of such
obligation (except those obligations necessary for the care or preservation of the Facilities) until ordered
in writing to resume such performance by the Purchaser.
The Contractor shall, during such suspension, properly protect and secure the Facilities to the extent
necessary and carry out the instructions given in that behalf by the Engineer-in-Charge
21.1.2 If the suspension is ordered for reasons (ii) and (iii) in GCC Sub-clause 21.1.1 above
(i) The Contractor shall be entitled to an extension of the time equal to the period of every such
suspension plus 25%.
(ii) If the total period of all such suspension exceeds thirty days, the Contractor shall, in addition be
entitled to compensation, as the Engineer-in-Charge may consider reasonable, in respect of salaries
and/or wages paid by the Contractor to his employees and labour and hired contractor’s equipments at
Site remaining idle during the period of suspension, adding thereto 5% of the sum of the
compensation, for suspension exceeding 30 days and not exceeding 90 days to cover indirect
expenses of the Contractor, provided the Contractor submits his claim supported by details to the
Engineer-In-Charge within 14 days of the expiry of the period of suspension.
21.1.3 If the work on the Facilities is suspended for more than 30 days at a stretch, the Contractor may request
the Engineer-in-charge for the permission to demobilise the Contractor’s Equipments and other resources
from the Site. In the event of grant of such permission from the Engineer-in-charge, the compensation
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payable to the Contractor under GCC sub-clause no. 21.1.2 (ii) shall be suitably adjusted to the extent of
demobilisation.
21.1.4 The Contractor shall not be entitled to an extension of time for, or to payment of the Cost incurred in
consequence of suspension due to GCC sub-clause no. 21.1.1 (i) and/or due to the Contractor’s failure to
protect, store or secure in the Facilities in accordance with this GCC clause no. 21.1 [Suspension of
Work].
21.2.1 If, by virtue of a suspension order given by the Purchaser, other than by reason of the Contractor’s default
or breach of the Contract, the Contractor’s performance of any of its obligations is suspended for an
aggregate period of more than ninety (90) days, then at any time thereafter and provided that at that time
such performance is still suspended, the Contractor may give a notice to the Purchaser requiring that the
Purchaser shall, within twenty-eight (28) days of receipt of the notice, order the resumption of such
performance or order a change excluding the performance of the suspended obligations from the Contract.
If the Purchaser fails to do so within such period, the Contractor may, by a further notice to the Purchaser,
elect to treat the suspension, where it affects a part only of the Facilities, as a deletion of such part or,
where it affects the whole of the Facilities, as termination of the Contract.
In the event of the Contractor treating the suspension as deletion of part or an termination of the Contract
by the Purchaser, he shall have no claim to payment of any compensation on account of any profit or
advantage which he may have derived from the execution of the work in full but which he could not
derive in consequence of such termination. He shall, however, be entitled for compensation, as the
Engineer-in-charge may consider reasonable, in respect of
i) salaries and/or wages paid by him to his employees / labour,
ii) hired contractor’s equipments at Site, remaining idle in consequence and of materials collected which
could not be utilized on the works and
iii) adding to the total thereof [i.e., (i) and (ii)] 5% of the total for suspension exceeding 90 days to cover
indirect expenses of the Contractor, provided the Contractor submits his claim supported by the details to
the Engineer-In-Charge within 28 days of the expiry of the period of 90 days.
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execution of the work in full but which he did not derive in consequence of the foreclosure of the whole
or part of the Contract.
21.4.2 Upon receipt of the notice of foreclosure under GCC sub-clause no. 21.4.1, the Contractor shall either
immediately or upon the date specified in the notice of foreclosure
a) Cease all further work, except for such work as may be specified in the notice of termination for the
sole purpose of protecting that part of the Facilities already executed, or any work required to leave
the Site in a clean and safe condition.
b) Terminate all subcontracts, except those to be assigned to the Purchaser pursuant to paragraph ‘e (ii)’
below
c) Stop all further purchasing and/ or subcontracting activities related to work foreclosed.
d) Remove all contractor’s equipment from the site, repatriate the Contractor’s and its Subcontractors’
personnel from the Site, remove from the Site any wreckage, rubbish and debris of any kind, and
leave the whole of the Site in a clean and safe condition
e) In addition, the Contractor, subject to the payment specified in GCC sub-clause 21.4.4, shall
i) deliver to the Purchaser the parts of the facilities executed by the Contractor up to the date of
foreclosure
ii) to extent legally possible, assign to the Purchaser all right, title and benefit of the Contractor to
the Facilities and to the Plant and Equipment as of the date of foreclosure, and, as may be
required by the Purchaser, in any subcontracts concluded between the Contractor and its
Subcontractors.
iii) deliver to the Purchaser all non-proprietary drawings, specifications and other documents
prepared by the Contractor or its Subcontractors as at the date of foreclosure in connection with
the facilities.
21.4.3 The Purchaser shall have the option to take over Contractors materials or any part thereof either brought
to Site or of which the Contractor is legally bound to accept delivery from supplier (for incorporation in
or incidental to the facilities) provided, however, the Purchaser shall be bound to take over the materials
or such portions thereof as the Contractor does not desire to retain.
21.4.4 In the event of Foreclosure of the Contract under GCC sub-clause no. 21.4.1, the Purchaser shall pay to
the Contractor the full amount at contract rates, properly attributable to supplies completed and/or the
parts of the facilities executed by the Contractor as of the date of foreclosure. In addition the Purchaser
shall also pay a further reasonable amount as certified by the Project Manager/ Engineer-in-charge but not
more than the amount proportionate to the value of balance work, for the items hereunder mentioned
which could not be utilized on the work to the full extent because of the foreclosure:
a) Any expenditure incurred on preliminary site work, e.g. Temporary access-roads, temporary labour
huts, staff quarters and site offices; storage accommodation and water storage tanks.
b) For contractors materials taken over or to be taken over by the Purchaser pursuant GCC clause no.
21.4.3, cost of such materials as detailed by the Purchaser. The cost shall however take into account
purchase price, cost of transportation and deterioration or damage which may have been caused to
materials whilst in the custody of the Contractor, provided that the value so arrived should not be
more than the proportionate rate of item of the Contract.
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c) For Contractor’s materials not retained by the Purchaser, reasonable cost of transporting such
materials from Site to Contractor’s permanent stores or to his other works, whichever is less. If
materials are not transported to either of the said places, no cost of transportation shall be payable.
d) If any Free Issue Materials supplied by the Purchaser are rendered surplus, the same except
unaccountable wastage/scrap, as per GCC clause no. 15.6 (Definition of Scrap) and GCC clause no.
15.7 (Permissible Limits of Wastage / Scrap), shall be returned by the Contractor to the Purchaser at
rates not exceeding those at which these were originally issued less storage charges, if any and
allowance for any deterioration or damage which may have been caused whilst the materials were in
the custody of the Contractor. In addition, cost of transportation of such Free Issue Materials from
Site to the stores at other units of the Purchaser, if so required by the Purchaser, shall be paid to the
Contractor.
e) Reasonable compensation for transfer of Contractor’s Equipments from Site to Contractor’s permanent
stores or to his other works, whichever is less. If T&P are not transported to either of the said places,
no cost of transportation shall be payable.
f) Reasonable compensation for repatriation of the Contractor’s site staff and labour to the extent
necessary.
The Contractor shall, as required by the Purchaser / Engineer-in-charge, furnish to him books of account,
wage books, time sheets and other relevant documents as may be necessary to enable him to certify the
reasonable amount payable under this clause
If the Contractor;
a) shall offer, or give or agree to give to any person in the Purchaser’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 forbearing 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 Purchaser; or
b) shall enter into a contract with the Purchaser in connection with which commission has been paid or
agreed to be paid by him or to his knowledge, unless the particulars of any such commission and the
terms of payment thereof have previously been disclosed in writing to the Purchaser; or
c) Shall obtain a Contract with the Purchaser as a result of wrong tendering or other non-bonafide
methods of competitive tendering; or
d) Adopts or has engaged in “fraudulent practice” like misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of the Purchaser, collusive
practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial
non-competitive levels and to deprive the Purchaser of the benefits of free and open competition.
e) Adopts or has engaged in “coercive practice” like harming or threatening to harm, directly or
indirectly, persons or their property to influence their participation in the procurement process or
affect the execution of a contract.
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f) 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 purpose of
amalgamation or reconstruction) under any insolvency Act for the time being in force or make any
conveyance or assignment of his effects 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
g) Being a company, shall pass a resolution or the Court shall make an 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
h) Shall suffer an execution being levied on his goods and allow it to be continued for a period of 21
days; or
i) assigns, transfers, subcontracts (engagement of labour on a piece-work basis or of labour with
materials not to be incorporated in the work shall not be deemed to be subletting) or attempts to
assign, transfer or subcontract the entire works or any portion thereof without the prior written
approval of the Purchaser;
21.5.2 In the event of default by the Contractor in the following circumstances, the Purchaser may, without
prejudice to any other rights it may possess under the Contract, give a notice to the Contractor stating the
nature of the default and requiring the Contractor to remedy the same. If the Contractor fails to remedy or
to take steps to remedy the same within fourteen (14) days of its receipt of such notice, then the Purchaser
may terminate the Contract as a whole or only such items of work in default, by giving a notice of
termination and its reasons thereof to the Contractor referring to this GCC sub-clause no. 21.5.2.
If the Contractor
(a) has abandoned or repudiated the Contract or otherwise plainly demonstrates the intention not to
continue performance of his obligation under the contract, or
(b) has without valid reason failed to commence work on the Facilities promptly or has suspended (other
than pursuant to GCC sub-clause no. 21.1.1 (ii) & (iii) the progress of Contract performance for more
than twenty-eight (28) days after receiving a written instruction from the Purchaser to proceed, or
(c) persistently fails to execute the Contract in accordance with the Contract or persistently neglects to
carry out its obligations under the Contract without just cause, or
(d) refuses or is unable to provide sufficient materials, services or labour to execute and complete the
Facilities in the manner specified in the program furnished under GCC clause 25.0 at rates of progress
that give reasonable assurance to the Purchaser that the Contractor can attain Completion of the
Facilities by the Time for Completion as extended, or
(e) at any time makes default in proceeding with the works with due diligence and continues to do so
after a notice in writing of 7 days from the Purchaser/ Engineer-in-Charge, or
(f) commits default in complying with any of the terms and conditions of the Contract and does not
remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him in
that behalf by the Purchaser/ Engineer-in-Charge, or
(g) fails to deliver the Stores or any part thereof and/or fails to complete the facilities or items of work, on
or before the individual Contractual Milestone Date(s), and does not complete them within the period
specified in a notice given in writing in that behalf by the Purchaser.
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(h) fails to complete the Facilities and handover the same to the Purchaser within Contractual Delivery
Date(s), and does not complete them within the period specified in a notice given in writing in that
behalf by the Purchaser.
21.5.3 In case the Contract is terminated under GCC sub-clause no. 21.5.1 or 21.5.2 above the Contractor shall
not be entitled to recover or be paid any sum for any work thereof or actually performed under this
Contract unless and until the Project Manager / Engineer-in-Charge has certified in writing the
performance of such work and the value payable in respect thereof and he shall only be entitled to be paid
so certified.
21.5.4 In case the Contract is terminated under GCC sub-clause 21.5.1 or 21.5.2 above, the Purchaser shall on
such termination have powers to:
a) To purchase from elsewhere, at the risk and cost of the Contractor, the Stores/ Facilities or part
thereof, not delivered and contract for which is terminated, or other items of similar description when
such Stores/ Facilities exactly complying with the Particulars are not in the opinion (such opinion
being final) of the Purchaser readily procurable.
b) take possession of the Site and any materials, constructional plant, implements, stores, etc. thereon;
c) carry out the incomplete Site work by any means at the risk and cost of the Contractor.
d) In the event of action being taken under GCC clause no. 21.5.4 (a), (b) or (c), the Contractor shall also
be liable for Liquidated Damages for delay in deliveries, which the Purchaser is entitled to recover as
per GCC clause no. 6.2 (Delay in Supply) on that account provided an agreement for such alternate
purchase from elsewhere, is made within (six) 6 months of the notice of failure or letter of
cancellation sent to the Contractor. The Contractor shall not be entitled to any gain on such purchase
made on account of default. The manner and method of such alternate purchase shall be at the entire
discretion of the Purchaser, whose decision shall be final. This right shall be without prejudice to the
right of the Purchaser, to recover the damages for breach of Contract by the Contractor as provided in
the Contract or under the general law.
21.5.5 Upon receipt of the notice of termination under GCC clause no. 21.5.1 or 21.5.2 the Contractor shall,
either immediately or upon such date as is specified in the notice of termination,
(a) cease all further work, except for such work as the Purchaser may specify in the notice of
termination for the sole purpose of protecting that part of the Facilities already executed, or any
work required to leave the Site in a clean and safe condition.
(b) terminate all subcontracts, except those to be assigned to the Purchaser pursuant to paragraph (e)
below.
(c) stop all further purchasing and/or sub-contracting activities related to work terminated.
(d) deliver to the Purchaser the parts of the Facilities executed at site by the Contractor up to the date of
termination.
(e) to the extent legally possible, assign to the Purchaser all right, title and benefit of the Contractor to
the Facilities and to the Plant and Equipment as of the date of termination, and, as may be required
by the Purchaser, in any subcontracts concluded between the Contractor and its Subcontractors.
(f) deliver to the Purchaser all drawings, specifications and other documents prepared by the
Contractor or its Subcontractors as of the date of termination in connection with the Facilities.
21.5.6 Upon termination of the Contract, Engineer-in-charge may enter upon the Site, expel the Contractor, and
complete the Facilities itself or by employing any third party.
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21.5.7 Subject to GCC sub-clause no. 21.5.8, the Contractor shall be entitled to be paid subject to GCC sub-
clause 21.5.3, the Contract Price attributable to the Facilities executed as of the date of termination, the
value of any unused or partially used Plant and Equipment on the Site, value of contractors materials
taken over and the costs, if any, incurred in protecting the Facilities and in leaving the Site in a clean and
safe condition pursuant to paragraph (a) of GCC sub-clause no. 21.5.5. Any sums due to the Purchaser
from the Contractor accruing due to the termination shall be deducted from the amount to be paid to the
Contractor.
21.5.8 If the Purchaser completes the Facilities, the cost of completing the Facilities by the Purchaser shall be
determined. Alternatively, in case the facilities or part of the facilities is not completed, the loss or
damage suffered by the Purchaser shall be determined.
If the sum that the Contractor is entitled to be paid, pursuant to GCC sub-clause no. 21.5.7, plus the
reasonable costs incurred by the Purchaser including but not limited to expenditure as per GCC sub-clause
no. 21.5.4 (a), (b) & (c) for completing the Facilities, the loss or damage suffered by the Purchaser and/or
the applicable LD amount and damages payable by the Contractor for breach of contract is less than the
contract price, no benefit thereof shall accrue to the contractor; however if the resultant sum, exceeds the
Contact Price, the Contractor shall be liable for such excess.
If such excess is less than the sums due to the Contractor under GCC sub-clause no. 21.5.7, the Purchaser
shall pay the balance to the Contractor and if such excess is greater than the sums due to the Contractor
under GCC sub-clause no. 21.5.7, the Contractor shall pay the balance to the Purchaser. Both such
balance payments to/from the Contractor shall be without prejudice to the Purchaser’s rights under GCC
Sub-clause 21.5.4 (d).
In the event of any payment falls due from the Contactor as aforesaid, the Purchaser reserves the right to
recover the same from any money due to the Contractor on any account as per GCC clause no. 5.15
(Recovery of Sums Due) and if such money is not sufficient the Contractor shall be called upon in writing
to pay the same within 30 days.
If the Contractor shall fail to pay the required sum within the aforesaid period of 30 days, the Engineer-in-
Charge shall have the right to retain any or all of the Contractor's unused materials, construction plant,
implements, temporary buildings etc., till the balance outstanding from the Contractor is recovered in
accordance with the provisions of the Contract.
21.5.9 The termination of the Contract under this clause shall not entitle the Contractor to reduce the value of the
Performance Security Bond Guarantee nor the time thereof. The Performance Security Bond Guarantee
shall be valid for the full value and for the full period as per the Contract.
21.5.10 In the event of anyone or more of the above courses under this GCC clause no. 21.5 being adopted by the
Purchaser, the Contractor shall have no claim to compensation for any loss sustained by him by reasons of
his having purchased or procured any materials or entered into any engagements or made any advances on
account or with a view to the execution of the work or the performance of the Contract.
21.5.11In any case in which any of the powers conferred upon the Purchaser / Engineer-in-Charge by this clause,
shall have become exercisable and the same are not exercised, the non-exercise thereof shall not
constitute a waiver of any of the conditions hereof and such powers shall notwithstanding be exercisable
GCC/EPC-4/R-4 (23.06.2020) 96 of 99
NUCLEAR POWER CORPORATION OF INDIA LIMITED
General Conditions of Contract for Engineering, Procurement and Construction Contracts
in the event of any future case of default by the Contractor and the liability of the Contractor for
compensation shall remain unaffected.
22 SETTLEMENT OF DISPUTE
22.2 Arbitration
22.2.1 Any dispute in respect of which notice of intention to commence Arbitration has been given, shall be
finally settled by Arbitration. The Arbitration may be concluded prior to or after completion of the
facilities. Arbitration proceedings shall be conducted in the manner as herein below provided.
22.2.2 Consequent to issue of notice of intention to commence Arbitration by either party, both the Purchaser
and the Contractor shall appoint one Arbitrator each. These two Arbitrators shall agree between
themselves and shall appoint a third Arbitrator. The issue in dispute shall then be referred to these
Arbitrators. In any Arbitration invoked at the instance of either party to the Contract, the Arbitrator(s)
would be free to consider the counter claim of the other party even though they are not mentioned in the
reference to Arbitration. The decision either by consensus or by majority of these three Arbitrators shall
be final and binding on both the parties and shall be implemented by the parties forthwith.
GCC/EPC-4/R-4 (23.06.2020) 97 of 99
NUCLEAR POWER CORPORATION OF INDIA LIMITED
General Conditions of Contract for Engineering, Procurement and Construction Contracts
22.2.3 For Contract issued to an Indian Contractor or to a Consortium in which the Indian Contractor is the lead
partner, the provisions of the Arbitration & Conciliation Act, 1996, and Rules made there under and/or
any statutory modifications or re-enactment thereof for the time being in force shall apply to such
Arbitration proceedings. The Arbitrator may, from time to time, with the consent of the parties, enlarge
the time for making and publishing the award.
22.2.4 For Contract awarded to a Public Sector Enterprise, all matters in dispute to be settled through arbitration
shall be referred to the Permanent Arbitration Mechanism (PAM) of the Department of Public Enterprise,
Government of India.
22.3 General
22.3.1 Expenditure incurred in Arbitration proceedings shall be shared equally by the Purchaser and the
Contractor.
22.3.2 Notwithstanding any reference to the Arbitration as herein before provided – (a) the Parties shall continue
to perform their respective obligations under the Contract with due diligence, unless they otherwise agree,
(b) the Purchaser shall continue to pay any moneys due and undisputed to the Contractor.
------------------x------------------
GCC/EPC-4/R-4 (23.06.2020) 98 of 99
NUCLEAR POWER CORPORATION OF INDIA LIMITED
General Conditions of Contract for Engineering, Procurement and Construction Contracts
GCC/EPC-4/R-4 (23.06.2020) 99 of 99
SPECIAL CONDITIONS OF CONTRACT
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NUCLEAR POWER CORPORATION OF INDIA LIMITED
EPC CONTRACTS
1 ITT cl. 9.0 Taxes and Duties 1.0 Taxes and Duties:
1.1. Indirect Taxes and Duties
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1.1.5. GST as applicable or quoted, whichever is lower
will be reimbursed by Purchaser limiting to the
rate prevailing within the contractual delivery
schedule.
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Territories Goods and Services Tax Act
2017(UTGST) and The Goods and Services
Compensation to States Tax Act 2017 and their
Rules as being enacted and amended from time to
time. The bidders are required to take into
account all input tax credits and the exemptions
available therein while furnishing their bids.
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1.3.2. In case of such deductions as mentioned above,
the Purchaser shall provide the necessary
withholding tax certificates to the Contractor
within the time stipulated by the relevant law to
enable the Contractor to file the same with the
Government Authority as a proof of payment of
such taxes.
2. GCC Cl. In addition to GCC The Performance Security Bond, which will be 10 % of
No. 3.4.2 Cl. No. 3.4.2 ( whole EPC contract amount as per clause no.-3.4.2 of the
Performance security GCC and shall be valid till successful completion of
) operation and maintenance contract.
O&M part:
4. GCC Cl. 5.3 Currency of For Supply of equipment, spares and other materials
No 5.3 Payment from indigenous sources, DAP price of such items
inclusive of CIF value of imported raw material /
component, shall be in Indian Rupees (INR).
5. GCC Cl. 5.4 Price adjustment. Price adjustment shall be applicable to O&M part
No 5.4 only, attached in the file as Annexure-I.
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4) Unconditional order acceptance.
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(100% applicable taxes & duties), on pro-rata basis upon
dispatch of all spares of respective Subsystems/systems/
equipment to site against dispatch documents etc.
(b) 25% of Basic Price (inclusive of P&F charges)
exclusive of taxes and duties, on pro-rata basis upon
receipt and acceptance at site of respective
subsystems/systems/equipment.
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and against submission of following documents: 1)
Invoice in triplicate 2) A certificate issued by authorised
Engineer for satisfactory completion of material
accounting. Certificate shall also indicate that payment as
per clause 5.9.iii (e) can be released to the contractor.
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9. GCC Cl. 5.14 Recovery of In case the Contractor fails to execute the contract due to
No. 5.14 Advance Payments in reasons not attributable to the Purchaser and which do
case of breach of not fall under Force Majeure as per the tender conditions,
contract the outstanding advance payments made shall be
recovered, along with taxes and duties and the interest at
the “PLR of State Bank of India”. This shall be without
prejudice to the other remedies available to the Purchaser
under the Terms and Conditions of the Contract.
10. GCC Cl. 5.16 Taxes and Duties Please refer cl. No. 1.0 of SCC.
No. 5.16
11. GCC Cl. In addition to GCC Contractor shall guarantee minimum 25,31,640 KWhr
No. 6.3 Cl. No. 6.3 generation at 415V LT feeder for first year and this
shall be degraded as per degradation value of PV
(Functional module (provided by PV module manufacturer) in
Guarantees) subsequent years till completion of O&M period.
For unit generation annually less than the stipulated
units, recovery @Rs.4/unit for the shortfall units will
be done from contractor in every year, from RA bill or
any outstanding amount available with NPCIL or 10%
Performance Security Bond.
Note: -
1. Outages arising due to NPCIL/state DISCOM
shall also be excluded from calculation of annual
shortfall of unit, only after showing the duly signed
entry of such occurrence in monthly report.
2. All the equipment and component parts including
mechanical structures, electrical items (modules,
PCUs, MPPT, HT & LT Panel, transformer,
connecting cables, meters, earthing and lighting etc.)
and over all workmanship of the SPV power plants /
systems must be warranted against any manufacturing
/ design / installation defect upto 5 years from the
date of operational acceptance.
3. Main components i.e. Solar modules and Solar
inverters shall have product warranty for 10years
(25years performance warranty) and 5years
respectively.
12. GCC Cl. Cl. 6.2 ( Delay in Liquidated Damages, to be levied on the contractor,
No. 6.2 supply ) shall be @ 1% per week or part thereof maximum up
to 5% of the value of purchase order for, “Supply,
erection (including civil works), testing and
commissioning”.
13. GCC Cl. Cl. 6.4 ( Defect Defect liability period of the contract shall be 5 year,
No. 6.4 Liability Period ) starting from the date of system handover to NPCIL.
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14. GCC Cl. 6.5.2 Ownership of the indigenous stores (including spare
No. 6.5.2 parts) shall be transferred to the Purchaser when the
(sub-clause of 6.5 Stores are brought on to the Site.
Transfer of
Ownership)
16. GCC Cl. Cl. No. 6.9.3 (sub- The Contractor shall be responsible for filing all
No. 6.9.3 clause of Cl. No 6.9) necessary Tax returns (including, without limitation,
Indemnity for Taxes returns for Corporate Income tax, Personal Income tax
and Duties and GST) with the relevant Government Authorities in
accordance with all applicable statutory requirements and
shall be responsible for providing all information
requested by such Government Authorities.
17. GCC Cl. 9.5.2 For Contracts placed on DAP- Purchaser‟s site
No 9.5.2 basis:
i) The Contractor shall transport at his own risk
and expense and deliver the Items at the
destination specified by the Purchaser, by
selecting any safe mode of transport unless
otherwise stated in the contract.
ii) Unless otherwise expressly mentioned in the
Contract, the Contractor shall pay and bear all
freights and all costs and expenses for
transporting the items to the place of delivery
specified in the Contract and the price specified
in the Contract shall be inclusive of all such
packing, handling, forwarding, freight and
transit insurance charges. The Contractor shall
however, indicate the break up price towards
freight and transit insurance charges.
iii) Unless otherwise provided in the Contract, the
Contractor shall be entitled to select any safe
mode of transport without any transhipment, to
carry the Plant and Equipment.
iv) The Contractor shall be responsible for
obtaining, if necessary, approvals from the
authorities for transportation of the Stores to the
Site. The Contractor shall indemnify and hold
harmless the Purchaser from and against any
claim for damage to roads, bridges or any other
traffic facilities that may be caused by the
transport of the Stores to the Site.
v) The Contractor shall indemnify and hold the
Purchaser harmless against and from all
damages, losses and expenses (including legal
fees and expenses) resulting from the transport
of Stores and shall negotiate and pay all claims
arising from their transport.
vi) In the event any stores or item is damaged, lost,
stolen, destroyed or otherwise impaired while in
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storage or transit, Contractor shall at its own
expense and cost restore or replace such
affected stores or item.
19. GCC Cl. Cl. No. 9.5.8 ( sub- Documentation for Supply of Indigenous Items
No. 9.5.8 clause of 9.5
Transportation) On the day of transport, the contractor shall send to the
Purchaser by courier for information, a copy of each of
the following documents:
i. Transportation documents like lorry receipt /
railway receipt / delivery challan/ e way bill, etc.
ii. Certificate of insurance;
iii. Invoice with itemized prices duly signed by
Contractor.
iv. Copy of packing lists for each separate package;
v. Contractor shall also be responsible for obtaining
clearances, if any for timely and safe delivery of
items to the site.
20. GCC Cl. In addition to GCC Material Unloading and Storage at site will be in
No. 9.7 Cl. No. 9.7.3 ( contractor‟s scope and space for office cum store yard
Unloading and will be provided on free issue basis.
storage )
21. GCC Cl. In addition to GCC The contractor shall study the requirements of tools,
No. 11.3 Cl. No. 11.3 ( Site plants and equipment carefully with reference to the
Mobilization by approved schedule to achieve planned activities / overall
Contractor) schedules and timely mobilize required resources before
site execution.
22. GCC Cl. GCC Cl. No. 11.4 ( Water supply required for erection, civil constructions
No. 11.4 Water Supply ) and O&M period shall be provided free of cost to the
contractor. Contractor has to do the necessary
arrangement, to tap the water from nearest NPCIL
source, as per GCC.
23. GCC Cl. GCC Cl. No. 11.5 ( The electricity during construction and commissioning
No. 11.5 Electricity ) will be provided on chargeable basis, as per current
tariff rates notified by DHBVN. Present tariff rates of
electricity are:
24. GCC Cl. GCC Cl. No. 11.8.1 The Contractor shall, at his own expense, provide all
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No. 11.8.1 materials required for the erection, commissioning,
inspection and testing other than those, which are to be
supplied by the Purchaser.
All charges on account of royalty, customs duty, GST
and other taxes and duties on materials obtained for the
erection & commissioning from any source (excluding
materials supplied by the Purchaser) shall be borne by
the Contractor.
If pursuant to or under any law, notification or order any
royalty, cess or the like becomes payable by the
Purchaser and does not any time become payable by the
Contractor to the Government/Local authorities in
respect of any material used by the Contractor in the
E&C then in such a case, it shall be lawful to the
Purchaser and it will have the right and be entitled to
recover the amount paid in the circumstances as aforesaid
from dues of the Contractor.
25. GCC Cl. In addition to GCC The contractor shall ensure payment to all its contract
No. 12.2.2 Cl. No. 12.2.2 labour deployed for this work and the wages paid to the
workers shall not be less than the applicable Notified
(Rates of Wages and Daily minimum wages. Daily wages to be taken as per
Conditions of minimum wages notified from time to time by the
Labour) state/central government whichever is higher. Any
increases in the wages with arrear due to any statutory act
or by rules framed there under by the Central/State
Government or whichever is higher during the currency
of the contract or during any valid period of extension of
contract shall also to be paid to the workers.
The following are prevailing minimum wages per day for
various categories of contract labours with effect from
01.10.2022.
(a) Semi Skilled (technical assistant)- Rs557.00
(d) Highly skilled (technical supervisor) -Rs.788.00
Bonus @ 8.33% of the wages shall be paid to the
workers (wage eligibility is Rs. 21000/-and the
calculation ceiling is Rs.7,000 or the minimum wage
notified by the appropriate Government for that category
of employment, whichever is higher for calculation of
bonus).
The contractor shall make the payment of minimum
wages to all its labour on or before 7th of succeeding
month through Bank only and obtain Labor payment
certificate from NPCIL-HR on monthly basis; otherwise
recovery will be imposed on the contractor
@Rs100/day/person for the period of default.
26. GCC Cl. In addition to GCC The contractor manpower shall follow 9 hours of
No. 12.5 Cl. No. 12.5 working hour. If a particular job could not be completed
within the stipulated period, contractor can continue
(working hours) beyond the above mentioned hours with the permission
of the concerned authority. No extra charges for such
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jobs, shall be borne by NPCIL. It shall be the
responsibility of the contractor to pay the amount
pertaining to over-time, if any, to the contractor
manpower.
27. GCC Cl. GCC Cl. No. 12.4.2 If the Purchaser is caused to pay or reimburse any
No. 12.4.2 amounts as may be necessary to cause or observe, or for
non-observance of the provisions stipulated in the
notifications / bye laws / Acts / Rules / regulations
including amendments, if any, on the part of the
Contractor, the Purchaser or his representative shall have
the right to deduct such amount and a recovery of 50% of
such amount along with applicable GST from any money
due to the Contractor including performance security.
The Purchaser or his representative shall also have right
to recover from the Contractor any sum required or
estimated to be required for making good the loss or
damage suffered by the Purchaser on account of non-
compliance of labour laws.
28. GCC Cl. GCC Cl. No. 12.4.3 In the event of the Contractor committing a default or
No. 12.4.3 breach of any of the provisions of the aforesaid
contractor's labour regulations as amended from time to
time or furnishing any information or submitting or
filling any Form / Register / Slip under the provisions of
these regulations which is materially incorrect, then on
the Report of the Inspecting Officer as defined in the
respective contractor‟s labour regulations, the Contractor
shall without prejudice to any other liability pay to the
Purchaser a sum not exceeding Rs. 5,000/- along with
applicable GST for every default, breach or furnishing,
making, submitting, filling, such materially incorrect
statement and in the event of the Contractor's default
continuing in this respect, the recovery may be enhanced
by additional Rs. 500/- along with applicable GST per
day for each day of default subject to a maximum of five
percent of value of the Purchase Order covering Site
work. The Purchaser shall deduct such amount from bills
or Performance Security Bond of the Contractor. The
decision of the Purchaser in this respect shall be final and
binding.
29. GCC Cl. In addition to GCC Entry and exit of contractors‟ visitors, temporary
No. 13.6 Cl. No. 13.6 manpower, contract manpower, their materials and
vehicles to Project Site areas is being controlled and
(Security of site) regulated by the established security procedure/s. The
contractor has to apply for gate passes for its Manpower,
Machinery, Vehicles and Material in the prescribed
formats. Entry & exit will be permitted to project site
only based on approved and valid passes issued to
contractors.
General Instructions:
After award of work, prescribed formats for
various entry passes will be provided by engineer-
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in-charge of work and process for issuance of passes
will be explained by NPCIL at site.
In order to ensure timely issuance & renewal of entry
passes, the application shall be submitted by the
contractor well in time.
To ensure traceability/identity, each and every person
engaged by the contractor will be required to furnish
bio-data in prescribed format which includes individual
photograph, name, present and permanent address,
identification mark, and photo identity proof.
The Police Verification Certificate {PVC) will be
insisted for the Contractors' workforce engaged during
the progress of work. The Police verification must be
carried out by the Police under the Police Station
area(s) from resident place of the person. This PVC
shall be valid for 3 years.
Carrying arms & ammunition, explosive materials and
other similar materials are not allowed inside the
project premises.
Contractor female personnel shall not be allowed to
work in site areas between 1800 Hours to 0700 Hours.
Camera Mobile Phones in the Plant site premises are
prohibited.
Entry to GHAVP Site areas is restricted during
holidays declared at site unless necessary approval is
obtained. Permission for working beyond 2200 hours
on working day and on declared holidays shall be
obtained from NPCIL.
Valid photo entry passes issued to the Contract
personnel have to be displayed by while entering
GHAVP Site areas and also during working inside the
site area.
All the contractors' personnel will be physically frisked
by the SECURITY staff at the time of entry.
In the case of loss of personnel entry pass, contractor
shall lodge an F.I.R. and concerned shall duly intimate
to engineer-in-charge in writing along with the copy of
F.I.R.
On completion of the contract,
retrenchment/termination/death of contract person or
absconding from duty, contractor shall inform the same
to NPCIL immediately and deposit the entry passes to
NPCIL.
In case of loss/non-submission of personnel entry pass,
a challan of 300/- per pass shall be deposited to NPCIL
by contractor. Copy of same shall be submitted to
engineer-in-charge.
In case of change of engaged person from one
contractor to another contractor, No Objection
Certificate from earlier employer shall also to be
submitted in prescribed format along with application.
Entry/ Exit of all the materials brought under contract
at site areas. Valid entry/exit passes from NPCIL shall
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be obtained by applying in prescribed formats. The
details shall be entered in the "Material entry/exit
register'' maintained at the entry/exit gate.
Entry/ Exit of all the vehicles/machinery brought under
contract at site areas, the valid entry passes from
NPCIL shall be obtained by applying in prescribed
formats. Valid Registration Certificate (if applicable),
Insurance policy, state permit (if applicable) &
Pollution under Control certificate are mandatory for
applying vehicle/machinery entry pass.
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months or remaining contract period, whichever is less.
For renewal of passes, each of contractor‟s personnel
has to undergo safety training before applying the
renewal, which shall be coordinated by respective
engineer-in-charge & NPCIL Head (IS&F).
In case of receipt of any adverse information against an
individual, the issued gate pass shall be immediately
cancelled and same person will be removed by the
contractor.
Separate permission will have to be obtained by
Contractor for entry of personnel, equipment‟s &
material in night shift and also for Sunday / Holidays.
Permission for vehicles will be given for a maximum
period of six months or expiry of contract, whichever is
earlier based on the recommendation of Engineer-In-
Charge, after verification of relevant documents.
In case any contract personnel leaves in between i.e.
before the expiry of contract completion date, the
contractor must inform the same to engineer-in-charge,
so that suitable remark can be added in the computer
record for future checking. The contractor has to also
ensure deposition of gate pass issued to such personnel
to Issuing authority through Engineer-In-Charge at the
earliest.
On completion of work, contractor has to surrender all
identity cards issued under the contract for their labour
/ staff to Issuing authority and a No Dues Certificate
has to be submitted to Engineer-in-Charge of work
before final bill payment.
30. GCC Cl. In addition to GCC The contractor has to plant minimum 50 plant saplings
No. 13.12 Cl. No. 13.12 in the project area, along the boundary and at entrance.
(tree plantation at
site)
31 9.6.2 Custom Clearance The Contractor shall, at its own expense; handle all
imported Stores at the point(s) of import and shall
handle any formalities for customs clearance. The
Purchaser will make available to the Contractor all
documents / applications that are required to be made
in the name of the Purchaser as per applicable laws or
regulations including requisite documents or
certifications as per the extant rules and procedures for
availing the exemptions/concessions in Customs Duty,
if any. However, it is the responsibility of the
Contractor to approach the Purchaser and obtain
necessary documents / certificates from the Purchaser
well in advance.
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32 21.5.4 (a) Cancellation / To purchase from elsewhere, at the risk and cost of the
Termination of Contractor (including departmental overhead charge
Contract in Full or @30% of the total expenditure incurred to complete the
Part balance supply / work), the Stores/ Facilities or part
thereof, not delivered and contract for which is
terminated, or other items of similar description when
such Stores/ Facilities exactly complying with the
Particulars are not in the opinion (such opinion being
final) of the Purchaser readily procurable.
37 6.8.7 Right of Recourse Since requirement is for PHWR, NPCIL is the system
under Civil Liability designer and technology owner, being responsible for
for Nuclear Damages safety design of such installations in the this tender,
Act, 2010 & Rules NPCIL shall assume the role of supplier in accordance
2011 thereof with the explanation of the term “supplier” given in Rule
24 of the CLND Rules, 2011 and in the context of
Section 17(a) and (b) of the CLND Act, 2010.
38 Clause The items under this The items under this tender are non-divisible.
15.5.1 of ITT tender are divisible/
non divisible.
39 GCC Cl. 9. PROCUREMENT In addition to 9.1 of GCC following shall also apply. It
No.- 9.1 AND SUPPLY may kindly be noted that NPCIL has no reservation about
9.1 General Provisions import Procurement of raw material / components, if
necessary, for manufacture of subject items. However,
bidder shall ensure that such items do not have US origin
components above the de minmis level.
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End use verification shall not be agreed upon by NPCIL
in case of imports under any circumstances. Further, the
bidder/ contractor shall make attempts to import raw
materials/ components, if necessary, without insisting for
“End User Certificate”.
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Annexure F
The Supplier/Contractor while submitting their bill to the Paying Authority shall furnish the following
certificates:
(a) Additional Input Tax Credit under GST availed against invoices submitted here under is Rs.
________________.
(b) Certified that the goods and services on which GST has been charged are not exempted under the GST
Act or the rules made there under and the amount charged on account of GST on these goods and services
are not more than what is payable under the relevant act or the rules there under.
(c) Certified that we have taken into account all input tax credits available under GST and have not loaded
the same in the basic price while furnishing their bids.
(d) Certified that in respect of amount of taxes claimed in the bill no claim is pending for refund/or is
admissible for refund from any other agency and /or no other tax credit is available in respect of the
same. In the event of getting refund in whole or in part of the element of GST claimed from Government,
the same shall be passed on the benefit to the Purchaser by remitting the amount equivalent to the amount
of refund obtained.
(e) Certified that the GST charged herein the invoices has been/ shall be deposited within the due date and
the Invoice details have been / shall be populated in GSTR1/ANX-1 of the GSTN portal facilitating Input
Tax Credit to the Purchaser.
(f) Certified that we have complied with the Anti-profiteering measure provisions under CGST/
SGST/UTGST Acts and passed on commensurate reduction of price to the purchaser.
(g) Certified that a quarterly statement shall be submitted to NPCIL confirming the payment of GST invoiced
on NPCIL along with copy of GST paid Challan.
Declaration Form for TDS
The Supplier/Contractor while submitting their bill to the Paying Authority shall furnish the following
certificates:
(a) Whether Provisions of Section 194Q are applicable (For Supply of Goods worth 50 Lakhs p.a) :
YES/NO
(b) We have filed the return of income for the previous 2 years (AY _____ & AY______) preceding the year
in which tax is liable to be deducted, within the prescribed time limit and hence, confirm that applicable
rate of TDS is at Normal Rate (0.1% as on date)
(c) We have linked the PAN to Aadhar and the PAN is not inoperative (applicable in case of Individuals)
Incomplete information against point (a), (b) & (c) above under Declaration form for TDS, shall be subject to
deduction of tax at higher rate as applicable (5% as on date)
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SPECIAL CONDITIONS OF CONTRACT - For 5year O&M
1. Operation & a) This is Comprehensive Operation and maintenance Contract for a period
Maintenance of FIVE years.
b) This Operation and Maintenance contract will come into effect from the
next day, immediately after the date of handover of the system to NPCIL.
c) The contractor shall depute minimum one technical supervisor and one
technical assistant at site for carrying out the O&M activities as per para
3.5 of GCC.
d) The technical supervisor & assistant will report to work at GHAVP site
on all the working days throughout the period of the contract. If a
particular job like panel cleaning etc. requires to work during morning
early hours or during late evening hours, then contractor can continue
with the permission of the concerned authority. No extra charges will be
paid for such jobs or for over stay.
e) If either the technical supervisor or the assistant is not available at the site
for more than 3 NPCIL working days in a month subject to maximum 20
such days in a year, Penalty shall be deducted in the RA bill, at the rate of
Rs.1350 per NPCIL working day per person for the excess no. of days of
absence from the service.
f) If any jobs covered in Scope as per NPCIL are not carried out by the
contractor during the maintenance cum Warrantee period, the Engineer-
In-Charge shall take appropriate action as deemed fit.
g) The Contractor shall make his own arrangements for their deployed
manpower for official and residential accommodation.
h) The contractor shall abide to all the prevailing security and safety norms
of NPCIL during the period of contract.
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Annexure-I
i. The rates quoted by the tenderer shall be the Base Price, which will be subjected to PRICE
ADJUSTMENTS in accordance with the conditions and formula prescribed herein and further subject
to satisfying the requirements specified in this clause only.
ii. A certain fixed percentage of the base price shall not be subject to any price adjustment. The balance
percentage to be specified shall be of Identified Components towards Labour, Material(s) (not being
material supplied/or services rendered at fixed prices by the Corporation) and P.O.L. and shall be
subjected to Price Adjustment. The fixed component shall be 15% of the contract value, and is not
subjected to price adjustments. However other components may vary.
iii. The actual amount of price adjustment shall be determined by satisfying the conditions specified
herein:-
The price adjustment formula for the various components of the Contract Price shall be construed as
stipulated hereinafter. The formula designed for governing and calculating the price adjustment to be
applied to the contract price shall be as follows:
Where:-
ACV1: Adjusted contract price i.e., value of work done after application of above price adjustment
formula.
CV: Base contract price, subject to price adjustment, i.e. the value of the work done in the given
period for which the Price Adjustment is to be calculated excluding cost of material supplied or
services rendered at fixed prices by the Corporation and the cost of extra items, rates for which have
been worked out based on market rates.
F : Fixed component i.e. 15% of contract value, which is not subjected to any adjustment under this
formula or otherwise.
lu : Unskilled Labour component expressed as percentage of the contract value which will be
subjected to adjustment.
ls : Skilled labour component expressed as percentage of the contract value which will be subject to
adjustment.
lHS : Highly Skilled labour component expressed as percentage of the contract value which will be
subject to adjustment.
m,n,o,p : Various material component (bought by the contractor) expressed as percentage of the
contract value, which will be subject to adjustment. The sum of m,n,o,p along with F, d , labour and
q should sum up to one.
„q : Component for all the other materials (other than m, n, o, and p) expressed as percentage of
contract value.
EPC 4
Page 28 of 32
d : P. O. L. component expressed as percentage of the contract value, which will be subject to
adjustment.
Q : Wholesale price indices applicable to all commodities for the period under consideration as
published by Economic Advisor to Government of India, Ministry of Industry & Commerce.
SUBSCRIPT:
i. „0‟ - refers to the values of the above-mentioned Minimum Wages/ Material indices/ Petrol
price applicable to previous month prior to the date of submission of tenders (In case of two part
tender the date of submission of Part 1 shall be taken).
ii. „1‟ - refers to the values of corresponding Minimum Wages, Material indices/ petrol price as
applicable for the month prior to the month in which the work is executed for which adjustment is
applicable, respectively.
1. O&M - 36 49 0 - 0 85%
part
EPC 4
Page 29 of 32
Annexure-II
EPC 4
Page 30 of 32
Annexure-III
Tentative BBQ
Unit rates
Qty Rate of %
(in Rs.)
(to be filled of GST
Sl.
Description Unit (Inclusive of included
No. by
P&F, Freight in Unit
Contractors) & Insurance) Rates
EPC 4
Page 31 of 32
PART-B (Operation and maintenance part):
(Inclusive of included in
P&F, Freight & Unit Rates
Insurance)
EPC 4
Page 32 of 32
Annexure-A
ADVANCE PAYMENT
under the Companies Act 1956 and having its registered office at
____________________________________________________________________
2. AND WHEREAS under the terms & conditions of the contract an amount of Rs.
_______ per cent advance payment out of a contract value of Rs_______ (Rupees
contractor.
3. AND WHEREAS the Purchaser has agreed in pursuance of the said terms and
Page 1 of 4
4. NOW WE, the _______________________________________________(Bank) in
undertake to indemnify the Purchaser and keep the Purchaser indemnified to the
______________ only ) against any damage or loss that may be suffered by the
undertake to pay the amount due and payable under this guarantee without any demur
CORPORATION OF INDIA LTD stating that the amount claimed is due by way of
reason of breach by the said Contractor (s) of any of the terms and conditions
the said agreement. Any such demand made on the bank shall be conclusive as
regards the amount due and payable by Bank under this guarantee. However, our
liability under this guarantee, shall be restricted to an amount not exceeding Rs.
6. We undertake to pay to the Purchaser any money so demanded not withstanding any
dispute or disputes raised by the Contractor (s) in any suit or proceeding pending
before any Court or Tribunal relating thereto our liability under this present being
absolute and unequivocal. The payment so made by us under this bond shall be valid
discharge of our liability for payment thereunder and the Contractor (s) shall have no
further agree that the decision of the said NUCLEAR POWER CORPORATION OF
INDIA LTD., as to whether the Contractor has committed breach of any such terms
and conditions of the contract or not and as to the amount of damages or loss assessed
loss suffered by the Purchaser on account of such breach would be final and binding
on us.
agree with the Purchaser that the Purchaser shall have the fullest liberty without our
consent and without affection in any manner our obligations hereunder to vary any of
the terms and conditions of the said agreement or to extent time of performance by
the said Contractor (s) from time to time or to postpone for any time or from time to
time any of the powers exercisable by the Purchaser against the said Contractor (s)
and to forbear or enforce any of the terms and conditions relating the said agreement
and we shall not be relieved form our liability by reason of any such variation or
extension being granted to the said contractor (s) or for any forbearance, act or
omission on the part of the Purchaser or any indulgence by the Purchaser to the said
contractor (s ) or by any such matter or thing whatsoever which under the law relating
to sureties would, but for this provision, have effect of relieving us.
9. This guarantee will not be discharged due to the change in the constitution of the
Page 3 of 4
10. Our guarantee shall remain in force until
is lodged with us within three months from that date all rights of the Purchaser under
the guarantee shall be forfeited and we shall be relieved and discharged from all
liabilities, thereunder.
11. Notwithstanding anything contrary contained in any law for the time being in force or
of beneficiary shall not be entertained by the bank. Any invocation of the guarantee
For_________________________________________
( Indicate the name of the bank )
Page 4 of 4
Annexure-B
M/s._______________________________________________ a Company
incorporated under the Companies Act 1956 and having its registered office at
____________________________________________________________________
2. AND WHEREAS under the terms & conditions of the contract, the Contractor shall
contract in the form of a bank guarantee, in a manner herein contained duly executed
performance of the equipment and against any loss or damage caused to or suffered or
would be caused to or suffered by the Purchaser by reason of any breach by the said
Contractor(s) of any terms and conditions contained in the said agreement. The
Liability Period covering the Warranty/Guarantee period of the equipment as per the
Page 1 of 3
3. NOW WE, the _______________________________________________(Bank) in
consideration of the promises do hereby agree and undertake to pay to the Nuclear
Power Corporation of India Limited, (the purchaser) on behalf of the Contractor, the
the amount due and payable under the guarantee without any demur, merely on a
demand from the Nuclear Power Corporation of India Limited stating that the amount
claimed is due by way of loss or damage caused to, or suffered by, the Purchaser by
reason of any breach by the said Contractor of any of the terms and conditions
contained in the said agreement or by reason of the contractors failure to perform the
the Warranty period. 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
Rs._________________(Rupees _____________________________only).
pending before any Court or Tribunal relating thereto, our liability under this presents
being absolute irrevocable and unequivocal. The payment so made by us under this
bond shall be a valid discharge of our liability for payment thereunder and the
5. WE HEREBY further agree that the decision of the Nuclear Power Corporation of
any breach by the said Contractor or whether the said equipment is giving satisfactory
Page 2 of 3
performance or not during the Warranty Period as per the terms and conditions of the
further agree that our liability hereinunder shall not be discharged by virtue of any
agreement between the Purchaser and the Contractor whether with or without our
knowledge and/or consent and shall remain in full force and effect during the period
that would be taken for the performance of the said agreement or by reason of the
payment, time for performance, or any other matter whatsoever relating to the
contract, which but for this provision, would amount to discharge of the surety under
the law.
7. THIS guarantee will not be discharged due to the change in the constitution of the
8. OUR Guarantee shall remain in force until ___________________ and unless a claim
under the guarantee is lodged with us within three months from the said date, all
rights of the Purchaser under the guarantee shall be forfeited and we shall be relieved
9. Notwithstanding anything contrary contained in any law for the time being in force or
of beneficiary shall not be entertained by the bank. Any invocation of the guarantee
For _________________________________
2. AND WHEREAS under the terms and conditions of the contract balance 10%
payment is to be made against _________________________________________ and
on the supplier furnishing a retention bank guarantee for Rs._______________
(Rupees ____________________________________only) representing 10% of the
contract value in the manner herein contained.
Page 1 of 2
Annexure - C
8. THIS GUARANTEE will not be discharged due to the change in the constitution of
the Bank of the Contractor(s)/Supplier(s).
9. Notwithstanding anything contrary contained in any law for the time being in force or
banking practice, this guarantee shall not be assignable or transferable by the
beneficiary. Notice or invocation by any person such as assignee, transferee or agent
of beneficiary shall not be entertained by the bank. Any invocation of the guarantee
can be made only by the beneficiary directly.
INDEMNITY BOND
Whereas the Nuclear Power Corporation of India Limited has placed a Purchase
Order/Contract No.__________________________________________ dated ________
hereinafter referred to as “Purchase Order” on the Contractor and the Contractor has
accepted to execute the Purchase Order.
And whereas, the Purchaser has agreed to supply the Free Issue Materials referred to in
the Contract/Purchase Order for the purpose of fabrication, machining and supply of the
equipment and stores as referred to in the Contract/Purchase Order.
And whereas, the Contractor has agreed to furnish an Indemnity Bond for a sum of
Rs.______________________________________(Rupees________________________
__________) being amount equivalent to the value of the free issue materials to be
supplied by the Purchaser.
2. The Contractor shall be totally responsible for safety of the material during
which it remains in their custody/control and adequate care for preservation of
the item.
3. The Contractor shall undertake to preserve the material with due and proper care
and to keep it insured for the period during which it remains in their
custody/control.
4. The Contractor shall be responsible for safe return of the balance materials off
cuts, scraps to the final destination.
5. This bond shall remain in force and effect so long as the full account of free
issue materials is settled to the satisfaction of the Purchaser and balance material
is returned to the Purchaser.
6. The Contractor shall not stand discharged or released from the Indemnity Bond
given by them under this bond on account of any alteration in the obligation of
the parties to the Contract or on account of any indulgence or forbearance as to
the payment, time, performance, or otherwise granted by Nuclear Power
Corporation of India Limited to the Contractor in relation to the Purchase Order.
It witness whereof the parties hereto have caused the bond to be duly executed on the day
and the year first above written.
***
ANNEXURE-F
The Supplier/Contractors while submitting their bill to the Paying Authority shall furnish the
following certificates:
Certified that:
1. Excise Duty claimed in this/these bill/bills is/are not more than what is / are payable
under the provisions of the relevant act or the rules made there under.
3. No refund of Excise Duty for the goods covered under the bill/bills has/have been
received from the Central Excise Authorities nor our appeal for refund of Excise Duty
for the goods covered under the bills are pending with the Central Excise Authorities.
4. In the event of any refund of Excise Duty being received, we undertake to promptly
pass on the same to NPCIL. In addition, we also authorise the paying authority in
NPCIL to recover such amount from our outstanding bills against the present or
future contracts.
--------------------------------------------------------------------------------------------------------------------------
ANNEXURE-G
Certificate to be furnished by the Contractor along with the invoice/bills when sales/ Central
Sales Tax as extra is claimed.
Certified that:
1) Goods and packing charges on which sales tax (Central or State)/ VAT claimed are
not exempted from payment of Sales Tax (Central or State)/ VAT under the
Provisions of Sales Tax Act or Rules.
3) In the event of our getting refund in whole or part of Sales Tax already paid from
Sales Tax Authorities, we shall promptly pass on the same to the Purchaser. In
additions we also authorise the paying authority in NPCIL to recover such amount
from our outstanding bills against the present or future contracts.
Certified that:
1. Services on which service tax claimed are not exempted from payment of
service tax under the provisions of Extant Rules.
2. We are registered with Central Excise Department for service tax and our
Registration number is _____________________.
1.0 Applicability:
The safety clauses are applicable to Engineering, Procurement and Construction Contracts.
2.1 The contractor shall provide and maintain all lights, fencing, guards, warning signs and
caution board and similar items as required ensuring safe working conditions at work site.
2.2 The contractor and his sub-contractor shall comply with the instructions given by
departmental safety officer or his representative(s) regarding safety precautions, protection
measures and housekeeping etc.
2.3 The contractor shall comply with all provisions of “AERB Safety Guide for Works
Contract” Document No. AERB/SG/IS-1 and other safety requirements as applicable to
specific site. A copy of the guide can be obtained from NPCIL on request.
2.4 The contractor shall provide proper access and working platforms for all place of work as
per laid down standards or as advised by Engineer-in-charge or Head-IS&F.
2.5 The contractor shall ensure that all floor openings in his work are guarded/barricaded
during the course of work and at the end of each day’s work.
2.6 The Contractor shall meet statutory requirements as well as regulatory requirements
applicable to the project, in general, and NPCIL in particular, especially the requirements
as per Factory Act-1948 (amended in 1987), Atomic Energy factories Rule-1996 (AEFR-
1996 or latest version available at the time of work execution), safety guidelines for Job
Hazard Analysis (JHA) & AERB notifications on Industrial & Fire safety. The copies of
the same can be obtained from NPCIL on request.
2.7 The contractors’ safety professionals shall be well aware about Acts, Rules connected with
Industrial Safety and practices particularly applicable to the project and to that effect they
have to undergo an assessment at the project within 15 days of their placement at the
project at the cost of the contractor and then only he/she would be given permanent entry
pass to plant and considered in the required strength of the safety professionals.
2.8 Workers in general shall not be deployed at work for more than 10 hrs/day and in no case
more than 12 hrs/day.
2.9 All PPE procured and provided to workers shall conform to relevant Indian Standards and
should be maintained in healthy condition by suitable storage, maintenance and inspection.
2.10 The contractor shall be held responsible for non-compliance of any of the safety measures,
injuries, fatalities and compensation arising out of such situations or accidents, and shall be
liable as per the Part-B clauses.
-1-
Nuclear Power Corporation of India Limited
General Conditions of Contract for Engineering, Procurement and
Construction Contracts R-0
Contractor shall be responsible for safety of all his employees during execution of the
contract work. As per Workmen’s Compensation Act, 1923 (Amended in 2000), the
contractor will ensure the payment of compensation to his employees in case of an accident
as early as possible within the time frame permitted by the law of land.
4.2 The above is the minimum requirement of safety professionals. The Head (Industrial Safety
and Fire) henceforth be termed as Head-IS&F, of the plant, can ask for more safety
professionals depending upon nature of jobs being executed by the contractor.
4.4 In case contractor fails to employ the required safety professionals, the department may at
the cost and risk of the contractor deploy additional/required safety professionals. The cost
incurred towards this shall be deducted from contractor’s bill at following the rates.
1. Safety Engineer = Rs. 1500/day.
2. Safety Supervisor = Rs. 1000/day.
If the required safety professionals are not employed within a month of date of the
observation/inspection the payment to the contractor shall be regulated as per S.No. 1 of
Annexure-1 applicable for safety professionals
.
5.0 Job Supervision at site
5.1 The contractor must ensure adequate job supervision through educated, qualified and
experienced supervisors - at least one supervisor for each hazardous job activity to ensure
safety during work execution. Similarly, there should be adequate on-site engineering
support ensuring coverage of atleast one experienced engineer for every ten supervisors
and part thereof.
-2-
Nuclear Power Corporation of India Limited
General Conditions of Contract for Engineering, Procurement and
Construction Contracts R-0
5.2 In case, the contractor is unable to arrange required work supervisors and engineers for
work technical support, a penalty of Rs 10000/- per month for each vacancy will be levied
and such five penalties in a year will attract additional fine on him up to Rs 100000/- apart
from the payment he has to make for cost of departmental effort to supplement the
requirements as specified at 5.1 above. The decision of the Engineer-in-charge, in regard
to the penalty imposed shall be final and binding. However, before imposition of penalty, a
fair opportunity of being heard, shall be provided to the contractor.
The payment under this clause would be adjusted in Clause- 10.
6.2 The job supervisors and the engineers will have to undergo detailed safety training of at
least three days duration at the plant in safety supervision and accident prevention
techniques. This training would at the cost of the contractor and then only he/she would be
given permanent entry pass to plant.
6.3 Contractor must note that in case the industrial safety induction training as per 6.2 is
not conducted within 3 days his workmen shall not get plant entry pass.
7.1 Every contractor must keep adequate stock of ISI certified (or of relevant international
standards) personal protective equipment (PPE), safe working tools and safe working
appliances like platforms and access ladders, guard railing etc. and shall ensure these are
used during the job for safe execution of the work. These PPE, Tools and Appliances must
-3-
Nuclear Power Corporation of India Limited
General Conditions of Contract for Engineering, Procurement and
Construction Contracts R-0
8.1 The Pre Job Briefing, prior to taking up the work, will be carried out by contractor Safety
Engineer/Supervisor to all workers using plant guidelines. The Contractor shall make
arrangements for adequate and qualified supervision using checklists during the execution
of jobs. The contractor shall ensure that all his workmen must take safety permit for each
high-risk job as per project procedure.
If any hazardous work is found without safety work permit/ JHA/ safe working procedure,
it will be recorded for regulation of payment under clause-10. The decision of the
Engineer-in-charge, in with regard to the regulation of payment shall be final and binding.
8.2 Contractor working at height of more than 2.5 meter above stable floor or ground floor
must acquire height pass as per procedure including the worker’s medical fitness certificate
by certifying surgeon (having MBBS qualification) and worker’s height qualification etc.
If in any height work, the worker is found working without having height pass, it will be
recorded for regulation of payment under clause-10. The decision of the Engineer-in-
charge, in with regard to regulation of payment shall be final and binding.
8.3 Contractor shall ensure safe movement of man and material as well as vehicles in site
premises as per rules/regulations applicable at or issued by plant. In case of violation of the
rules/regulation, it will be recorded for regulation of payment under clause-10. The
decision of the Engineer-in-charge, with regards to the regulation of payment shall be final
and binding.
9.1 Contractor at his cost shall perform following tasks for the jobs having high risk as
identified by Departmental Safety Group:
(i) Prepare Safe Working Procedures and ensure its implementation in field.
(ii) Carry out Job Hazard Analyses (JHA) and implement in field.
(iii) Based on JHA, the safe working procedures should be modified especially to include
checklists as necessary checkpoints for job safety supervision.
(iv) Worker(s) must be trained based on the safe working procedure and explained about
DOs & DON’Ts prior to assigning him the job.
(v) The workers must adhere to the safe working procedure for the job.
-4-
Nuclear Power Corporation of India Limited
General Conditions of Contract for Engineering, Procurement and
Construction Contracts R-0
(vi) Contractor shall ensure that all Tools, Appliances, erecting equipment and their safe
use by the contractor work force shall be meeting Indian standards. The contractor
must ensure that necessary authorization exist with workmen prior to their
deployment on a particular appliance/tool/equipment. The workmen would be
required to acquire additional authorization for crane operation, crane signaling,
blasting operation, welding and cutting operation, electrical work etc. and then only
workmen shall be deployed for such job. He shall maintain all record of tools and
equipment for their healthiness and safe use with a copy to departmental safety group.
(vii) Employing of any sub-contractor by the main contractor shall be with concurrence of
plant authorities & Engineer-In-Charge as per applicable procedure of the plant. The
main contractor shall ensure that all safety requirements/conditions are effectively
communicated to and well understood by his sub-contractor. The main contractor
should ensure safety training & availabilities of required PPEs and he will be
responsible for the safety of the workmen of his sub-contractor.
10.2 The deduction towards other clauses, e.g. Penalties for serious accidents as defined under
clause-11, and workman compensation as defined under in clause-3 of Part-A will be in
addition to payments regularized under clause 10.1
-5-
Nuclear Power Corporation of India Limited
General Conditions of Contract for Engineering, Procurement and
Construction Contracts R-0
Annexure – I
NPCIL/04710/Safety/2006/M/Checklist No. 02
Checklist cum Certificate for RA Bill payment based on Safety Performance
Sr. Safety Parameters Safety % of Running Account (RA) bill for safety Actual payable
No. Clause compliance
01. Safety Professional
Required nos. of Safety 4.1, 4.2 0.4%of RA Bill (Max.)
Professional employed as per & 4.4
clause. 0.0% if requisite no. of Safety Professionals
are not posted at site within one month.
02 Job Supervision at site
5.2 0.1% of RA Bill (Max.)
Required nos. of Job
Supervisors employed as per 0.0% if requisite no. of Job Supervisors are
clause. not posted at site within fifteen days.
Payment certified by :
Engineeer-in-Charge (Works) QA Representative Head (IS & F)
-6-
GOVERNMENT OF INDIA
SAFETY GUIDE
FOR
WORKS CONTRACT
1
AERB/SG/IS-1
SAFETY GUIDE
FOR
WORKS CONTRACTS
Government of India
Atomic Energy Regulatory Board
Bombay – 400 095
August 1991
2
I
CONTENTS
Page
1. Introduction 1
3. Traffic 2
6. Concreting 5
7. Demolition 5
9. Painting 7
12. Grinding 10
13. Electricity 10
3
II
Forms
4
III
FOREWORD
5
IV
(S.D. Soman)
Chairman, AERB
Bombay
August 1991
6
SAFETY GUIDE FOR WORKS CONTRACT
1. INTRODUCTION
Many of the works of Department of Atomic Energy at its various sites are
executed by the contractors. During these works, contractors personnel
are likely to be exposed to different types of hazards. Similarly, unsafe
acts of contractors personnel may generate hazards for Departmental staff
and/or workmen of other contractors working at the site. Such unsafe acts
may also pose danger to the existing installations and even to members of
public. This guide is prepared to facilitate safe working during execution
of contract works. It is hoped that units of DAE may issue this guide as a
part of contract documents while awarding contracts.
2.1 The Contractor shall take all safety precautions during the execution of
awarded work and shall maintain and leave the site safe at all times. At
the end of each working day and at all times when the work is temporarily
suspended, he shall ensure that all materials, equipment and facilities will
not, cause damage to existing property, personal injury or interfere with
the other works of the Project or Station. The Contractor shall comply with
all applicable provisions of the safety regulations, clean up programme
and other measures that are in force at the site.
2.2 The Contractor shall provide and maintain all lights, guards, fencing,
warning signs, caution boards and other safety measures and provide for
vigilance as and where necessary or as required by the Engineer-in-
charge or by any duly constituted authority for the protection of workers or
for the safety of others. The caution boards shall also have appropriate
symbols.
2.3 Adequate lighting facilities such as flood lights, hand lights and area
lighting shall be provided by the Contractor at the site of work, storage
area of materials and equipment and temporary access roads within his
working area. The Contractor shall obtain written approval of the
Engineer-in-charge to the lighting scheme and place of tapping prior to its
installation.
2.4 The Contractor shall plan his operations so as to avoid interference with
the other Departmental works, other Contractors or sub-Contractors at the
site. In case of any interference, necessary coordination shall be sought
by the contractor from the Department for safe and smooth working.
1
2.5 The Contractor and his sub-contractor, if any shall comply with the
instructions given by the Safety Engineer or his authorized nominee
regarding safety precautions, protective measures, house keeping
requirements, etc. The Safety Engineer with due intimation to Engineer-
in-Charge shall have the right to stop the work of the Contractor, if in his
opinion proceeding with the work will lead to an unsafe and dangerous
condition. Engineer-In-Charge shall get the unsafe condition removed or
provide protective equipment at the contractors cost. The contractor can
employ his own Safety Engineer or nominate one of his officers for liaison
with Departmental Safety Engineer for ensuring compliance of all safety
rules. Contractor shall ensure that all his workmen are aware about the
nature of risk involved in their work and have adequate training for
carrying out their work safely.
2.6 The contractor shall be held responsible for non-compliance of any of the
safety measures and delays, implications, injuries, fatalities and
compensation arising out of such situations or incidents.
3. TRAFFIC
3.3 The Contractor shall, at his own expense, make such approved temporary
provisions as are required to maintain atleast one lane of traffic by
bridging the excavation, providing ramps over surface obstructions or
providing suitable temporary bye-pass around the obstructions. The
Contractor shall exercise full care to ensure that no damage is caused by
him or his workmen, during the operation, to the existing water supply,
sewerages, power or telecommunication lines or any other services or
works. The Contractor shall be required to provide and erect before
construction, substantial barricades, guard-rails, and warning signs. He
shall furnish, place and maintain adequate warning lights, signals, etc., as
required by Engineer-in-charge.
2
4. SAFE MEANS OF ACCESS
4.1 Adequate and safe means of access and exit shall be provided for all work
places, at all elevations. Using of scaffolding members (avoiding a ladder)
for approach to high elevations shall not be permitted.
4.2 Suitable scaffolds shall be provided for workmen for all works that cannot
safely be done from the ground, or from solid construction except such
short duration work as can be done safely from ladders. Ladder shall be
of rigid construction having sufficient strength for the intended loads and
made either of good quality wood or metal and all ladders shall be
maintained well for safe working condition. An extra mazdoor shall be
engaged for holding the ladder if ladder is not securely fixed. If the ladder
is used for carrying materials as well, suitable foot holds and hand holds
shall be provided on the ladder. The ladder shall be given an inclination
not steeper than 1 in 4 (1 horizontal and 4 vertical). Ladders shall not be
used for climbing carrying materials in hands. While climbing both the
hands shall be free.
4.3 Scaffolding or staging more than 3.5 m above the ground or floor, swung
or suspended from an overhead support or erected with stationary support
shall have a standard guard rail properly attached, bolted, braced or
otherwise secured at least 1.0 m high above the floor or platform of such
scaffolding or staging. The guard rail shall extend along the entire
exposed length of the scaffolding with only such opening as may be
necessary for the delivery of materials. Standard railing shall have posts
not more than 2 m apart and an intermediate rail halfway between the
floor or platform of the scaffolding and the top rail. Such scaffolding or
staging shall be so fastened as to prevent it from swaying from the
building or structure. Scaffolding and ladder shall conform to relevant IS
specification (IS 3696-1966). Timber/Bamboo scaffolding shall not be
used.
3
movement of persons and materials and shall be suitably guarded as
described in 3.3 above.
4.7 The planks used for working platform shall not project beyond the end
supports to a distance exceeding four times the thickness of the planks
used. The planks shall be rigidly tied at both ends to prevent sliding and
slippage. The thickness of the planks shall be adequate to take load of
men and materials and shall not collapse.
4.9 Safe means of access shall be provided to all working platforms and other
elevated working places. Every ladder shall be securely fixed. No single
portable ladder shall be over 9 m in length. For ladders upto 3m in length
the width between side rails in the ladder shall in no case be less than 300
mm. For longer ladders this width shall be increased by atleast 20 mm for
each additional meter of length. Step spacing shall be uniform and shall
not exceed 300 mm.
5.1 All trenches 1.2 m or more in depth shall at all times be supplied with at
least one ladder for each spacing of 30 m in length or fraction thereof.
Ladder shall be extended from bottom of the trench to at least 1 m above
the surface of the ground.
5.2 The sides of the trench which are 1.2 m or more in depth shall be stepped
back to give suitable slope (angle of repose) or securely held by timber
bracing, so as to avoid the danger of sides from collapsing. The
excavated material shall not be placed within 1.5 m of the edges of the
trench or half of the depth of the trench, whichever is more. Cutting shall
be done from top to bottom. Under no circumstances mining or under-
cutting shall be done.
4
5.3 The contractor shall ensure the stability and safety of the excavation,
adjacent structures, services and the works.
5.4 Open excavations shall be fenced off by suitable railing and warning
signals installed at night at well lit places so as to prevent slipping or
falling into the excavations.
5.5 All blasting operations shall be carried out on the basis of procedures
approved by Inspector of Explosives. All works in this connection shall be
carried out as per IS Code of Practice. Barricades, Warning Signs etc.
shall be placed on the roads/open area. Prior approval of such operation
shall be obtained from Safety Engineer/Engineer-In-Charge of works.
6. CONCRETING
7. DEMOLITION
Before any demolition work is commenced and also during the progress of
the work:
(a) All roads and open area adjacent to the work site shall either be
closed or suitably protected. Appropriate warning signs shall be
displayed for cautioning approaching persons.
(b) Before demolition operations begin, the Contractor shall ensure that
the power on all electric service lines is shut off and the lines cut or
disconnected at or outside the demolition site. If it is necessary to
5
maintain electric power during demolition operation, the required
service lines shall be adequately protected against damage.
Persons handling heavy materials/equipments shall wear safety
shoes.
(c) No floor, roof or other part of the building shall be overloaded with
debris or materials as to render it unsafe.
(a) All persons employed at the construction site shall use safety
helmets. For other types of works, persons working in that area
shall also use safety helmets, if advised by Safety
Engineer/Engineer-In-Charge.
(c) Persons engaged in welding and gas cutting works shall use
suitable welding face shields. The persons who assist the welders
shall use suitable goggles. Protective goggles shall be worn while
chipping and grinding.
(d) Stone breakers shall use protective goggles. They shall be seated
at sufficiently safe intervals of distance.
(f) All persons working at heights more than 4.5 m above ground or
floor and exposed to risk of falling down shall use safety belts,
unless otherwise protected by cages, guard railings, etc. In places
where the use of safety belts is impractical, suitable net of
6
adequate strength fastened to substantial supports shall be
employed.
(h) When workers are employed in sewers and inside manholes which
are in use, the Contractor shall ensure that the manholes are
opened and are adequately ventilated atleast for an hour. After it
has been well-ventilated, the atmosphere inside the space shall be
checked for the presence of any toxic gas or oxygen deficiency and
recorded in the register before the workers are allowed to get into
the manholes. The manholes opened shall be cordoned off with
suitable railing and provided with warning signals or caution boards
to prevent accidents. There shall be proper illumination in the
night.
9. PAINTING
9.1 The Contractor shall not employ women on the work of painting with
products containing lead in any form. Only men above the age of 18
years shall be employed on the work with lead paint. The following
precautions shall be taken during the work.
* All painting jobs, especially those in which lead paints are used
shall be kept under industrial hygiene surveillance.
9.2 Smoking, open flames or sources of ignition shall not be allowed in places
where paints and other flammable substances are stored, mixed or used.
A caution board, with the instructions written in national/regional language,
“SMOKING – STRICTLY PROHIBITED” shall be displayed in the vicinity
where painting is in progress or where paints are stored. Symbols shall
also be used for caution boards.
7
When painting work is done in a closed room or in a confined space,
adequate ventilation shall be provided. If adequate ventilation cannot be
provided, workers shall wear suitable respirators.
9.3 Epoxy resins and their formulations used for painting shall not be allowed
to come in contact with the skin. The workers shall use plastic gloves
and/or suitable barrier creams.
Workers shall thoroughly wash hands and feet before leaving the work.
Work clothes shall be changed and laundered frequently.
10.1 Use of lifting machines and tackles including their attachments, anchorage
and supports shall conform to the following standards or conditions.
(c) In case of every lifting machine (and of every chain, ring, hook,
shackle, swivel and pulley block used in hoisting or as means of
suspension) the safe working load shall be ascertained and clearly
marked. In case of a lifting machine having a variable safe working
load, each safe working load and the conditions under which it is
applicable shall be clearly indicated. No part of any machine or any
gear referred to above in this paragraph shall be loaded beyond the
safe working load except for the purpose of testing. This shall be
approved by the Safety Engineer.
8
(d) In case of departmental machines, the safe working load shall be
notified by the Engineer-in-charge. As regards Contractor‟s
machines, the Contractor shall notify the safe working load of the
machine to the Engineer-in-charge whenever he brings any
machinery to site of work and get it verified by the Engineer-in-
charge, supported by a valid test certificate by the Competent
Person.
10.2 Motors, gearing transmission, couplings, belts, chain drives and other
moving parts of hoisting appliances shall be provided with adequate
safeguards. Hoisting appliances shall be provided with such means as
will reduce to the minimum the risk of any part of a suspended load
becoming accidentally displaced or lowered.
11.1 Welding and gas cutting operations shall be done only by qualified and
authorized persons and as per IS specifications and Code of Practice.
11.2 Welding and gas cutting shall not be carried out in places where
flammable or combustible materials are kept and where there is danger of
explosion due to presence of gaseous mixtures.
11.3 Welding and gas cutting equipment including hoses and cables shall be
maintained in good condition.
11.4 Barriers shall be erected to protect other persons from harmful rays from
the work. When welding or gas cutting is done in elevated positions,
precautions shall be taken to prevent sparks or hot metal falling on
persons or flammable materials.
9
11.7 Welding and gas cutting shall not be done on drums, barrels, tanks or
other containers unless they have been emptied, cleaned thoroughly and
it is made certain that no flammable material is present.
11.9 For electric (Arc) welding the following additional safety precautions shall
be taken :
ii) Personnel contact with the electrode or other live parts of electric
welding equipment shall be avoided.
iv) The welding cables shall not be allowed to get entangled with
power cables. It shall be ensured that the cables are not damaged
by movement of materials.
12. GRINDING
12.1. All portable grinders shall be used only with their wheel guards in position
to reduce the danger from flying fragments should the wheel break during
the use.
13. ELECTRICTY
Guidelines for providing temporary power supply at the site and general
safety procedures for using electricity are given in the enclosed Annexure.
10
14. HOUSE KEEPING
14.1 The Contractor shall at all times keep his work spot, site office and
surroundings clean and tidy from rubbish, scrap, surplus materials and
unwanted tools and equipment.
14.2 Welding and other electrical cables shall be so routed as to allow safe
traffic by all concerned.
14.4 At the completion of the work, the Contractor shall have removed from the
work premises all scaffoldings, surplus materials, rubbish and all huts and
sanitary arrangements used/installed for his workmen on the site.
14.5 The Engineer-in-charge has the right to stop work if the Contractor fails to
improve upon the housekeeping after having been notified.
11
16. SAFETY WORK PERMIT
16.1 In order to ensure safety of work for hazardous operation (such as entry
into confined spaces, welding/cutting on equipment/pipes where explosion
hazards is present, works on high voltage and main medium voltage lines,
blasting etc.,) special Safety Work Permits (SWP) shall be raised. The
SWP‟s shall also to be obtained for any other work as recommended by
Safety Engineer.
16.2 The Contractor shall strictly ensure all the safety conditions and
requirements stipulated in the Safety Work Permit. The decision of the
Safety Engineer shall be final in this regard.
The Contractor shall follow the stipulated procedure regarding work in the
radiation area and other works related with radiography.
When the work is done near any place where there is risk of drowning, all
necessary rescue equipment such as life buoys and life jackets shall be
provided and kept ready for use and all necessary steps taken for prompt
rescued of any person in danger and adequate provision shall be made for
prompt first-aid treatment of all injuries likely to be sustained during the
course of the work. Persons who do not know swimming shall not be
engaged alone for any work where risk of drowning exists. Sufficient
number of life buoys or life jackets shall be provided.
19.1 The Contractor shall arrange adequate facilities for medical aid and
treatment for his staff and workers engaged on the work site including the
first-aid facilities if they are not available at the Project Site.
19.3 At large work places where hospital facilities are not available within easy
reach of the works, first-aid posts shall be established and be manned by
a trained compounder. An ambulance shall be available during the entire
period of work for attending to injury cases.
12
20. SAFETY OFFICER/SAFETY COORDINATOR
21.1 All accidents leading to property damage and/or personnel injuries shall
be reported to the Engineer-in-charge immediately who shall inform
SARCOP to be followed up with detailed accident reports in prescribed
form.
The Contractor shall make all necessary provisions to protect the public.
He shall be bound to bear the expenses for defence of every action or
other proceedings at law that may be brought by any person for injury
sustained owing to neglect of any precaution required to be taken to
protect the public. He shall pay any damage and cost which may be
awarded in any such suit, action or proceedings to any such person, or the
amount which may be fixed as a compromise by any such person.
13
and the Atomic Energy (Factories) Rules 1988 and various rules and Act
related to mining shall also be strictly complied with.
14
ANNEXURE
1. GENERAL
1.1 The Contractor shall submit a list of licensed electrical staff to be posted at
site.
The power supply shall be regulated as per the terms and conditions of
the supply of the respective electricity boards.
1.3 (a) For purposes of electrical load and power planning by the electrical
section, the contractor shall furnish along with the tender, the
estimated load requirement of electric power for the execution of
the contract works in terms of maximum Kilo Watt or KVA demand
during various periods/months of the contract period along with the
details of the construction electrical equipment/machinery with their
individual load details and location/locations of power supply
15
required for availing temporary electric power supply in the
standard proforma enclosed (Form SGCW-2).
(b) The electric power supply will be generally made available at one
point in the works site of the contractor by the department.
1.4 The Contractor shall make his own arrangements for main earth electrode
and tappings thereof. The existing earth points available at site can be
used at the discretion of the Departmental Electrical Engineer with prior
permission. Method of earthing, installation and earth testing results shall
conform to relevant I.S. Specifications (IS-3043)
1.5 All three phase equipment shall be provided with double earthing. All light
fixtures and portable equipment shall be effectively earthed to main
earthing.
1.6 All earth terminals shall be visible. No gas pipes and water pipes shall be
used for earth connection. Neutral conductor shall not be treated as earth
wire.
1.7 The Contractor shall not connect any additional load without prior
permission of Departmental Electrical Engineer. For obtaining additional
power required, test reports of the tests mentioned in (d) of Form SGCW-1
shall be submitted.
1.9 The entire installation shall be subjected to the following tests before
energisation installation including portable equipment :
16
The test procedures and their results shall conform to relevant IS
Specifications. The Contractor shall submit a test report for his complete
installation every 2 months or after rectifying any faulty section in the
specimen test report. One such test report for the complete installation
shall be submitted before onset of monsoon.
2. The following are provided for general guidance of the Contractor and
shall be read as specific requirement, in addition to complying with Indian
Electricity Act, Indian Electricity Rules and IS Specifications.
2.1 Installation
17
notices shall be provided on poles. Each equipment shall have
individual isolating switches.
m) All the Distribution Boars, Switch Fuse units, Bus bar chambers,
ducts, cubicles etc. shall have MS enclosures and shall be dust,
vermin and water proof. The Distribution Boards, switches etc.
shall be so fixed that they shall be easily accessible. Changes shall
be done only after the approval of the Departmental Electrical
Engineer.
18
o) Iron clad industrial type plug outlets are preferred for additional
safety.
v) All the lighting fixtures and lamp holders shall be of good quality
and in good condition. Badly repaired or broken holders, etc. shall
not be used.
19
Only 24 V supply system shall be used for hand lamps etc. while
working inside metallic tanks or conducting vessels.
z) Contractor shall ensure that power factor for their loads shall be
maintained at 0.85. In case the power factor falls below 0.85,
necessary capacitor units shall be provided by the contractor.
20
f) While working on or near a circuit, whenever possible the use of
one hand may be practiced even though the circuit is supposed to
be dead. The other hand may preferably be kept in pocket.
i) Before blown fuses are replaced, the circuit shall be locked out and
an investigation shall be made for the cause of the short circuit or
overload.
j) When two persons are working within reach of each other, they
shall never work on different phases of the supply.
m) While tapping electricity from the socket, plug top must be used. It
shall be ensured that no extension boards are over loaded while
tapping. Only standard three pin plugs shall be used for tapping
electricity. Broken sockets/plugs shall be replaced immediately
with goods ones. Only joint free cables shall be used for
connecting equipment/apparatus.
21
q) Unauthorized tapping of power by others from distribution boards
under the control of the contractor shall be prohibited at all
circumstances.
s) Safety work permits shall be used for switching off the main feeder
and equipment by the contractor.
b) All portable appliances shall be provided with three core cable and
three pin plug. The third pin of the plug shall invariably be earthed.
It shall be ensured that the metal part of the equipment shall be
effectively earthed.
22
FORM NO. SGCW – 1
I/We certify that the installation detailed below has been installed by me/us
and tested and that to the best of my/our knowledge and belief, it complies with
Indian Electricity Rules, 1956 as well as IS:732-1963 code of practice for
Electrical Wiring Installations. (System voltage not exceeding 650 Volts
(Revised).
c) Earthing:
d) Test results:
i) Between conductors
ii) Between each conductor and earth
23
FORM NO. SGCW – 2
3. Completion period :
a) Works :
b) Colony :
24
12. Electrical safety appliances available :
for use
Date: Name:
25
„B‟ CERTIFICATE BY THE CONTRACTOR
Name :
Address:
Date :
……………………………………………………………………………………………
Name:
Section: Civil/Electrical/Mechanical.
………………………………………………………………………………………………
Certified that the particulars furnished by the Contractor are true to the
best of my knowledge and belief and that I have satisfied myself as to the safe
conditions of electrical installations for which the service connection is applied
for.
Signature :
Name:
26
„E‟ CERTIFICATE BY THE SAFETY ENGINEER
Name:
Date:
………………………………………………………………………………………………
Service connection may be/may not be given for the reasons noted
hereunder.
Name:
Date: Designation:
27
„G‟ “REPORT OF COMPLIANCE”
a) Meter Nos. 1.
2.
3.
b) Initial readings: 1.
2.
3.
c) Locations: 1.
2.
3.
d) Meter sealings
Name:
Date: Designation:
Note:
1st copy to Contract Control Engineer ) After all the formalities are completed
) and Report of Compliance in (G) are
2nd copy to Safety Engineer ) filled up by the Electrical Engineer
) after power supply is given.
and 3rd copy to Electrical Engineer )
28
ANNEXURE-1
APPLICABLE TO
ENGINEERING, PROCUREMENT
&
CONSTRUCTION CONTRACTS
1
Atomic Energy Factory Rules, 1996
Rules 8-9
CHAPTER III
HEALTH
(1) Clause (d) of sub-section (1) of section 11 of the Act shall not apply to the class or
description of factories or parts of factories specified in the Table to this rule and subject to
the condition that they are kept in a clean state by washing, sweeping, brushing,
dusting, vacuum cleaning or other effective and adequate means:
(b) as respects factories or parts of factories specified in part B of the said Table, to
workrooms in which the amount of cubic space allowed for every person
employed in the room is less than 70.0 m3 ;
(d) to such parts of walls, sides and tops of passages and staircases as are less than 6
m. above the floor or stair.
(2) If it appears to the Competent Authority that any part of a factory, to which by virtue of
sub-rule (1) any of the provisions of the said clause (d) do not apply or apply as modified
by sub-rule (1), is not being kept in a clean state, it may, by written notice, require the
occupier to whitewash or colourwash, wash, paint or varnish the same, and in the event of
the occupier failing to comply with such requisition within two months from the date of
the notice, sub-rule (1) shall cease to apply to such part of a factory, unless the Competent
Authority otherwise determines.
2
Atomic Energy Factory Rules, 1996
Rules 9-11
(3) The compound surrounding every factory shall be maintained in a sanitary and clean
condition free of rubbish, filth or debris.
TABLE
Part A
1. Chemical works.
(b) Rooms in which the walls or ceilings consist of galvanised iron and/or asbestos
cement sheets.
(d) Parts of walls, partitions, ceilings or tops of rooms which are at least 6 m. above
the floor.
Part B
2. Engineering works.
(1) Illumination.-
(a) General : Adequate lighting is necessary for all buildings and in the open area so
as to-
(i) promote work and other activities carried out in the area;
3
Atomic Energy Factory Rules, 1996
Rules 11-11(Tab.)
(ii) avoiding glare produced by excessive contrast or abrupt and large change
in brightness; and
(c) The recommended values of illumination for different locations is given in the
Table below:
TABLE
Sr.No. Visual Tasks Illumination (Lux)
corridors, stairs
Shops,
inspection
to be provided.
4
Atomic Energy Factory Rules, 1996
Rule 11(Tab.)
(e) Chemical Works
generating plants
(h) Foundries
inspection
(i) Garages
5
Atomic Energy Factory Rules, 1996
Rule 11(Tab.)
(k) Laboratories & Test Rooms
(p) Libraries
(q) Offices
6
Atomic Energy Factory Rules, 1996
Rule 11(Tab.)
(r) Hospitals
(s) Restaurants
The permissible WBGT index in degrees Celsius is given in the following WBGT Table.
WBGT TABLE
Work Load
The Competent Authority shall specify the optimum working temperature & humidity and also the
rest periods for specific factories & jobs.
7
Atomic Energy Factory Rules, 1996
Rule 11(Tab.)
(3) Ventilation.- Ventilation shall be provided in buildings to supply fresh air for respiration
& to dilute inside air to prevent vitiation by body odours & to remove any other products
of combustion or other air contaminants. Contaminants from concentrated sources such as
smoke, heat & fumes shall be collected separately by local exhaust ventilation. The
recommended air changes per hour for various areas is given in the Table below:
TABLE
Factories 3-6
Dining Hall 12 - 15
Garages 12 - 15
Kitchen 6-9
Laboratories 3-6
Offices 3-6
Provided that the competent authority may relax the requirements regarding the number of air
changes if it is satisfied that having regard to the location of the factory, orientation of the
workroom, prevailing winds, roof height and the nature of manufacturing process carried on,
sufficient supply of fresh air into the workroom is afforded during most part of the working time:
Provided further that in the regions where in summer (15th March-15th July) dry-bulb
temperatures of outside air in the shade during most part of the day exceed 35 degrees Celsius
and simultaneous wet-bulb temperatures are 25 degrees Celsius or below and in the opinion of the
Inspector the manufacturing process carried on in the workroom of a factory permits thermal
environments with relative humidity of 50% or more, the Inspector may serve on the manager of the
factory an order to have sufficient supply of outside air for ventilation cooled by
* (a) Outdoors with Solar load (b) Indoor or Outdoor without Solar load
8
Atomic Energy Factory Rules, 1996
Rules 11(Tab.)-16
passing it through water sprays either by means of unit type of evaporative air coolers(desert
coolers) or, where supply of outside air is provided by mechanical means through ducts in a
plenum system, by means of central air washing plants.
13. SOURCE OF SUPPLY.- The water provided for drinking shall be supplied,-
(b) from any other source approved in writing by the local Health Officer concerned.
14. MEANS OF SUPPLY.- If drinking water is not supplied directly from taps either
connected with public water supply system or any other water supply system of the
factory approved by the local Health Officer concerned, it shall be kept in suitable
vessels, receptacles or tanks fitted with taps and having dust proof covers, and placed on
raised stands or platforms in shade and having suitable arrangement of drainage to carry
away the spilt water. Such vessels, receptacles or tanks shall be kept clean and the water
renewed at least once every day. All practicable measures shall be taken to ensure that the
water is free from contamination.
(1) Drinking water shall not be supplied from any open well or reservoir unless it is so
constructed, situated, protected and maintained as to be free from the possibility of
pollution by chemical, or bacterial and extraneous impurities.
(2) Where drinking water is supplied from such a well or reservoir, the water in it shall be
sterilised once a week or more frequently if the inspector by written order so requires, and
the date on which sterilising is carried out shall be recorded:
Provided that this requirement shall not apply to any such well or reservoir if the water
therein is filtered and treated to the satisfaction of the local Health Officer concerned
before it is supplied for consumption.
16. REPORT FROM LOCAL HEALTH OFFICER CONCERNED.- The Inspector may
by order in writing direct the manager to obtain, at such time or at such intervals as he
may direct, a report from the local Health Officer concerned as to the fitness for human
9
Atomic Energy Factory Rules, 1996
Rules 16-18
consumption of the water supplied to the workers, and to submit to the Inspector a copy of
such report as soon as it is received from the local Health Officer.
17. COOLING OF WATER.- In every factory wherein more than two hundred and
fifty workers are ordinarily employed,-
(1) The drinking water supplied to the workers shall be cooled by an effective method for the
period specified by the Inspector;
(2) The cool drinking water shall be supplied in every canteen, lunchroom and rest-room and
also at conveniently situated points throughout the factory which for the purpose of the
rules shall be called "water centres";
(3) The water centres shall be sheltered from the weather and adequately drained and shall be
located outside the work-places where toxic materials are handled or processed;
(4) The number of water centres to be provided shall be one "centre" for every 150 persons
employed at any one time in the factory:
Provided that in the case of a factory where the number of persons employed exceeds 500 it
shall be sufficient if there is one such "centre" as aforesaid for every 150 persons up to the
first 500 and one for every 500 persons thereafter:
Provided further that its distance between the place of work shall be such as may be
specified by the Inspector.
(5) Every water centre shall be maintained in a clean and orderly condition; and
(6) The means of supply of cooled drinking water shall be either directly through taps
connected to water coolers or any other system for cooling of water, or by means of
vessels, receptacles or tanks fitted with taps and having dust proof covers and placed on
raised stands or platforms in shade, and having suitable arrangement of drainage to carry
away the spilt water. Such vessels, receptacles or tanks shall be kept clean and the water
refilled at least once every day.
(a) where females are employed, there shall be at least one latrine for every 25 females;
(b) where males are employed, there shall be at least one latrine for every 25 males;
10
Atomic Energy Factory Rules, 1996
Rules 18-24
Provided that where the number of males exceeds 100, it shall be sufficient if there is one
latrine for every 25 males up to the first 100 males, and one for every 50 males thereafter.
Note:- In calculating the number of latrines required under this rule, any odd number of
workers less than 25, or 50 as the case may be, shall be reckoned as 25 or 50.
19. TOILET BLOCKS .- The toilet block shall consist of wash basins, latrines and urinals
(in case of male workers). The number of wash basins will the same as number of
latrines. Each wash basin shall be provided with mirror and liquid/cake soap. Each toilet
block shall be provided with clean towel or electric hand drier. The number, size and
location of the toilet block shall be as per the decision of Inspector & Public Health
Authority.
20. PRIVACY OF TOILET.- Every latrine shall be under cover and so partitioned off as to
secure privacy, and shall have a proper door and fastenings, which shall be maintained in
good working order at all time.
21. SIGN BOARDS TO BE DISPLAYED.- Where workers of both sexes are employed,
there shall be displayed outside each latrine block a notice "For Men Only" or "For
Women Only" as the case may be, in the language understood by the majority of the
workers. The notice shall also bear the figures of a man or of a woman as the case may
be.
22. URINAL ACCOMMODATION.- Urinal accommodation shall be provided for the use
of male workers and there shall be at least one urinal for every 50 males:
Provided that where the number of males employed exceeds 500, it shall be sufficient if
there is one urinal for every 50 males up to the first 500 employed, and one for every 100
thereafter.
Note:- In calculating the urinal accommodation required under this rule any odd number of
workers less than 50, or 100, as the case may be, shall be reckoned as 50 or 100.
11
Atomic Energy Factory Rules, 1996
Rules 24-29
such locality shall, if the factory is situated within 30 metres of an existing sewer, be
connected with that sewerage system suitably.
Provided that this rule shall not apply to latrines and urinals, the walls, ceilings or
partitions of which are laid in glazed tiles or otherwise finished to provide a smooth,
polished, impervious surface and that they are washed with suitable detergents and
disinfectants at least once in every period of four months.
Provided that where there is no such drainage line, the effluent shall be deodorized and
rendered innocuous and then disposed of in a manner suitable to the satisfaction of the
local Health Officer concerned.
27. WATER TAPS IN LATRINES.- Where piped water supply is available, a sufficient
number of water taps, conveniently accessible, shall be provided in or near latrine
accommodation. A tap per each latrine is to be preferred. There shall be at least one tap
for every ten latrines or part thereof. The water taps shall be connected to the Municipal
water supply or to an overhead storage tank of sufficient capacity, so that water is
available from the taps during all hours when the workers are in the factory. Wherever
commode type of latrines are provided arrangements shall be made for providing toilet
paper and soap solution, in addition to the water tap. The toilet paper and soap solution
shall be regularly replenished.
28. NUMBER AND LOCATION OF SPITTOONS.- The number and location of the
spittoons to be provided shall be to the satisfaction of the Inspector. Such spittoons shall
be placed on a stand or a bracket 90 cm. high.
29. TYPE OF SPITTOONS.- The spittoons shall be of either of the following types,
namely:-
(a) a galvanized iron container with a conical funnel-shaped cover. A layer of suitable
disinfectant liquid shall always be
12
Atomic Energy Factory Rules, 1996
Rules 29-31(Sch.)
(b) a container filled with dry clean sand, and covered with a layer of bleaching
powder; or
31. Qualifications of competent person with reference to various Sections of the Act are
given in the schedule below.
SCHEDULE
The Competent Person is a person who is having a degree in the discipline mentioned or
equivalent followed by experience as specified, in responsible position in the field and
designated by the Competent Authority.
1 2 3 4 5
13
Atomic Energy Factory Rules, 1996
Rule 31(Sch.)
--------------------------------------------------------------------------------------------------------------------------
1 2 3 4 5
-------------------------------------------------------------------------------------------------------------------------
14
Atomic Energy Factory Rules, 1996
Rule 32(Sch.)
CHAPTER IV
SAFETY
32. Without prejudice to the provisions of sub-section (1) of section 21 of the Act in
regard to fencing , the further precautions specified in Schedules annexed here to
shall apply to machines mentioned in each Schedule.
SCHEDULE I
WOODWORKING MACHINERY
(a) "woodworking machine" means a circular saw, band saw, planing machine, chain
mortising machine or vertical spindle moulding machine operating on wood or cork;
(b) "circular saw" means a circular saw working in a bench (including a rack bench), but does
not include a pendulum or similar saw which is moved towards the wood for the purpose
of cutting operation;
(c) "band saw" means a band saw, the cutting portion of which runs in a vertical direction but
does not include a log saw or band re-sawing machine; and
(d) "planing machine" means a machine for overhead planing or for thicknessing or for both
operations.
2. Stopping and starting device.- An efficient stopping and starting device shall be provided
on every woodworking machine. The control of this device shall be in such a position as
to be readily and conveniently operated by the person in charge of the machine.
3. Space around machines.- The space surrounding every woodworking machine in motion
shall be kept free from obstruction.
15
Atomic Energy Factory Rules, 1996
Rule 32 (Sch)
(b) A person who is being trained to work a woodworking machine shall be fully and
carefully instructed as to the dangers of the machine and the precautions to be
observed to secure safe working of the machine.
(a) behind and in direct line with the saw there shall be a riving knife, which shall
have a smooth surface, shall be strong, rigid and easily adjustable, and shall also
conform to the following conditions:-
(i) the edge of the knife nearer the saw shall form an arc of a circle having a
radius not exceeding the radius of the largest saw used on the bench;
(ii) the knife shall be maintained as close as practicable to the saw, having
regard to the nature of the work being done at the time, and at the level of
the bench table. The distance between the front edge of the knife and the
teeth of the saw shall not exceed 12 millimeters; and
(iii) for a saw of a diameter of less than 60 cm., the knife shall extend upwards
from the bench table to within 25 mm. of the top of the saw, and for a saw
of a diameter 60 cm. or over shall extend upwards from the bench table to
a height of at least 23 cm.
(b) the top of the saw shall be covered by a strong and easily adjustable guard, with a
flange at the side of the saw farthest from the fence. The guard shall be kept so
adjusted that the said flange shall extend below the roots of the teeth of the saw.
The guard shall extend from the top of the riving knife to a point as low as
practicable at the cutting edge of the saw; and
(c) the part of the saw below the bench table shall be protected by two plates of metal
or other suitable material, one on each side of the saw; such plates shall not be
more than 15 cm. apart, and shall extend from the axis of the saw outwards to a
distance of not less than 5 cm. beyond the teeth of the saw. Metal plates, if not
beaded, shall be of a thickness of at least 2.5 mm., or if beaded, be of a thickness
of at least 1.25 mm.
7. Push Sticks.-A push stick or other suitable appliance shall be provided for use at every
circular saw and at every vertical spindle moulding machine to enable the work to be
done without unnecessary risk.
(a) both sides of the bottom pulley shall be completely encased by sheet or expanded
metal or other suitable material;
16
Atomic Energy Factory Rules, 1996
Rule 32 (Sch.I-II)
(b) the front of the top pulley shall be covered with sheet or expanded metal or other
suitable material; and
(c) all portions of the blade shall be enclosed or otherwise securely guarded, except
the portion of the blade between the bench table and the top guide.
9. Planing machines.-
(a) A planing machine (other than a planing machine which is mechanically fed) shall
not be used for overhand planing unless it is fitted with a cylindrical cutter block.
(b) Every planing machine used for overhand planing shall be provided with a
"bridge" guard capable of covering the full length and breadth of the cutting slot
in the bench, and so constructed as to be easily adjusted both in a vertical and
horizontal direction.
(c) The feed roller of every planing machine used for thicknessing, except the
combined machine for overhand planing and thicknessing, shall be provided with
an efficient guard.
10. Adjustment and maintenance of guards.-The guards and other appliances required under
this schedule shall be -
SCHEDULE II
CENTRIFUGAL MACHINES
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Atomic Energy Factory Rules, 1996
Rule 32 (Sch.II-III)
(a) The cage housing the rotating drum or basket of every centrifugal machine shall
be provided with a strong lid. The design and construction of the cage as well as the
lid shall be such that no access is possible to the drum or basket when the lid is
closed.
(b) Every centrifugal machine shall be provided with an efficient interlocking device
that will effectively prevent the lid referred to in sub-paragraph (a) from being
opened while the drum or basket is in motion and prevent the drum or basket
being set in motion while the lid is in the open position.
SCHEDULE III
POWER PRESS
1. Application.- The Schedule shall apply to all types of power presses including press
brakes, except when used for working hot metal.
(b) "fixed fencing" means fencing provided for the tools of a power press being fencing which
has no moving parts associated with or dependent upon the mechanism of a power press
and includes that part of a closed tool which acts as a guard;
(c) "power press" means a machine used in metal or other industries for moulding, pressing,
blanking raising drawing and similar purposes;
(d) "safety device" means the fencing and any other safeguard provided for the tools of a
power press.
3. Starting and stopping mechanism.- The starting and stopping mechanism shall be
provided with a safety stop so as to prevent
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Atomic Energy Factory Rules, 1996
Rule 32 (Sch.III)
over running of the press or descent of the ram during tool setting, etc.
(a) Each press shall be provided with a fixed guard with a slip plate on the underside
enclosing the front and sides of the tool.
(b) Each die shall be provided with a fixed guard surrounding its front and sides, and
extending to the back in the form of a tunnel through which the pressed article
falls to the rear of the press.
(c) The design, construction and mutual position of the guards referred to in (a) and
(b) such as to preclude the possibility of the worker's hand or fingers approaching
the danger zone.
(d) The machine shall be fed through a small aperture at the bottom of the die guard,
but a wider aperture may be permitted for second or subsequent operations if
feeding is done through a chute.
(a) Except as provided in paragraph (4), no person shall set, re-set, adjust or try out
the tools on a power press or install or adjust any safety device thereon, being
installation or adjustment preparatory to production of die proving, or carry out an
inspection and test of any safety device thereon required by paragraph 8 unless he-
(ii) has been trained in accordance with the sub-paragraph (b); and
(iii) has been appointed by the occupier of the factory to carry out those duties
in respect of the class or description of power press or the class or
description of safety device to which the power press or the safety device (as
the case may be) belongs; and the name of every such person shall be
entered in a register in Form 1.
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Atomic Energy Factory Rules, 1996
Rule 32(Sch.III)
(b) The training shall include suitable and sufficient practical instruction in the
matters in relation to each type of power press & safety device in respect of which
it is proposed to appoint the person being trained.
(a) No power press or safety device shall be taken into use in any factory for the first
time in that factory, or in case of a safety device for the first time on any power
press, unless it has been thoroughly examined and tested, in the case of a power
press, after installation in the factory, or in the case of a safety device, when in
position on the power press in connection with which it is to be used.
(b) No power press shall be used unless it has been thoroughly examined and tested
by a competent person within the immediately preceding period of 12 months.
(c) No power press shall be used unless every safety device (other than fixed fencing)
thereon has within the immediately preceding period of six months when in
position on that power press, been thoroughly examined and tested by a competent
person.
(d) The competent person carrying out an examination and test under the foregoing
provisions shall make a report of the examination and test containing the
following particulars and every such report shall be kept readily available for
inspection:
(iii) identification number or mark sufficient to identify the power press or the
safety device;
(iv) date on which the power press or the safety device was first taken into use
in the factory;
(v) the date of each periodical thorough examination carried out as per
requirements of sub-paragraph (b) above;
(vi) particulars of any defects affecting the safe working of the power press or
the safety device found at any such thorough examination and steps taken
to remedy such defects;
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Atomic Energy Factory Rules, 1996
Rule 32(Sch.III)
(a) Where any defect is disclosed in any power press or in any safety device by any
examination and test under paragraph 6 and in the opinion of the competent
person carrying out the examination and test, either-
(i) the said defect is a cause of danger to workers and in consequence the
power press or safety device (as the case may be ) ought not to be used
until the said defect has been remedied; or
(ii) the said defect may become a cause of danger to workers and in
consequence the power press or safety device (as the case may be) ought
not to be used after the expiration of a specified period unless the said
defect has been remedied.
Such defect shall, as soon as possible after the completion of the examination and
test, be notified in writing by the competent person to the occupier of the factory
and, in the case of a defect falling within clause (ii) of this sub-paragraph such
notification shall include the period within which, in the opinion of the competent
person, the defect ought to be remedied.
(b) In every case where notification has been given under this paragraph, a copy of the
report made under paragraph 6(d) shall be sent by the competent person to the
inspector for the area within fourteen days of the completion of the examination
and test.
(c) Where any such defect is notified to the occupier in accordance with the foregoing
provisions of this paragraph the power press or safety devise (as the case may be )
having the said defect shall not be used -
(i) in the case of a defect falling within clause(i) of sub- paragraph (a) until
the said defect has been remedied; and
(ii) in the case of defect falling within clause (ii) of sub-paragraph (a), after the
expiration of the specified period.
(d) As soon as is practicable after any defect of which notification has been given
under sub-paragraph(a) has been remedied, a record shall be made by or on behalf
of the occupier stating the measures by which and the date on which the defect
was remedied.
(a) No power press shall be used after the setting, resetting or adjustment of the
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Atomic Energy Factory Rules, 1996
Rule 32(Sch.III)
tools thereon unless a person appointed or authorised for the purpose under
Paragraph 5 has inspected and tested every safety device thereon while it is in
position on the said power press:
Provided that any inspection, test and certificate as aforesaid not be required
where any adjustment of the tools has not caused or resulted in any alteration to or
disturbance of any safety device on the power press and if, after the adjustment of
the tools, the safety devices remain, in the opinion of such a person as aforesaid, in
efficient working order.
(b) Every power press and every safety device thereon while it is in position on the
said power press shall be inspected and tested by a trained person every day.
(a) Where it appears to any person as a result of any inspection and test carried out by
him under paragraph 8 that any necessary safety device is not in position or is not
properly in position on a power press or that any safety device which is in position
on a power press is not in his opinion suitable, he shall notify the manager
forthwith.
(b) Except as provided in sub-paragraph (c) where any defect is disclosed in a safety
device by any inspection and test under paragraph 8, the person carrying out the
inspection and test shall notify the manager forthwith.
(c) Where any defect in a safety device is the subject of a notification in writing under
paragraph 7 by virtue of which the use of the safety device may be continued
during a specified period without the said defect having been remedied, the
requirement in sub-paragraph (b) of this paragraph shall not apply to the said
defect until the said period has expired.
10. Identification of power presses and safety devices.- For the purpose of identification
every power press and every safety device provided for the same shall be distinctively and
plainly marked.
11. Training and instructions to operators.- The operators shall be trained and instructed in
the safe method of work before starting work on any power press. It shall be ensured by
adequate supervision that correct operating procedures are being followed.
12. Exemptions.-
(a) If in respect of any factory, the Competent Authority is satisfied that owing to the
circumstances or infrequency of the processes or for any other reason, all or any of
the provisions of this Schedule are not necessary for the
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Atomic Energy Factory Rules, 1996
Rule 32(Sch.III-IV)
protection of the workers employed on any power press or any class or description of
power press or in the factory, the Competent Authority by a certificate in
writing(which he may in his discretion revoke at any time), exempt such factory
from all or any of such provisions subject to such conditions, if any, as he may
specify therein.
(b) Where such exemption is granted, a legible copy of the certificate, showing the
conditions (if any) subject to which it has been granted, shall be kept posted in the
factory in a position where it may be conveniently read by the persons employed.
SCHEDULE IV
1. Arc Welding.-
(b) Correct and proper electric earthing shall be provided for the welding machine,
the casing and the job to be welded. These shall be electrically checked for any
leakage of current by an authorised and trained electrician.
(c) The welding machine shall be kept at a dry place and materials shall not be kept
around it.
(d) The welding cable shall be in good condition. The metal wire shall not be in an
exposed state anywhere. The welding cable connections shall be tight. The cable
shall not lie on wet surface nor shall it pass through water. Building structure, fuel
tanks, railings etc., shall not be used to support welding cables. As far as possible
cable shall not be laid across the passages.
(e) The welder shall not wear any wet dresses, footwear, hand gloves etc. These
articles must be dry before working with welding machines. The welder shall
wear rubber shoes, hand gloves and use welding screens while doing welding
jobs. Welding screen shall be used around the welding area to stop welding
flashes from affecting others. The welder must check the welding holder
thoroughly before starting the job and shall also see that the insulation of the
holder is proper.
(f) The welding cable and holder etc., shall be fastened to the overhead structures
with non-conductors to prevent these from dropping down.
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Atomic Energy Factory Rules, 1996
Rule 32 (Sch.IV)
(g) Scaffolding made of corrugated sheets shall be used below the areas where
welding is to be done to prevent sparks dropping down below.
(h) While welding in confined areas like inside of tanks, pipes etc., proper ventilation
shall be provided with the help of a fan.
(i) Welding on a gas or fuel line shall never be done without a special approved
procedure written specially for the particular job.
(j) All welding work shall be started only after obtaining a welding permit from
authorised agency indicating special precautions including the fire fighting details.
(k) For welding work on overhead equipment such as crane etc. a separate earth cable
shall be run up to the work place and shall be connected to work piece.
2. Gas Cutting.-
(a) Definition.- Gas cutting is a process used for cutting mild steel by a flame torch
using compressed gases Hydrogen/Acetylene and oxygen to preheat the metal and
cutting it by forcing oxygen at higher pressure.
(b) The gas cylinders shall be kept well away from any fire or hot areas. The rubber
pipes, joints, gas torches, valve connections shall be thoroughly checked for
leakage of gas.
(c) The gas cutter shall use proper safety appliances viz. gas cutters goggles, hand
gloves, safety shoes, helmets and safety belts.
(d) The rubber hose shall not come in contact with any hot material and it shall not be
taken through hot areas.
(e) The gas torch shall be fastened to a fixed overhead structural or with the body of
the gas cutter to stop it from dropping down.
(f) The rubber hose shall not obstruct the movement of others. When necessary to
lower the rubber hose with fittings, a fibre rope should be used. A metal sheet
shall be used below the job to arrest any sparks/hot slags from falling down.
(g) Before starting any gas cutting, a written permit clearance shall be obtained from
authorised person which will indicate all Safety precautions including fire fighting
details.
(h) Gas cutting at or near fuel line/hazardous area etc., shall be done only after
obtaining a special approved procedure for that job.
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Atomic Energy Factory Rules, 1996
Rule 32 (Sch.V)
SCHEDULE V
(a) "guillotine" means a machine ordinarily equipped with straight, bevel-edged blade
operating vertically against a stationery resisting edge and used for cutting
metallic or non- metallic substances;
(c) "slitter" or "slitting machine" means a machine ordinarily equipped with circular
disc-type knives, and used for trimming or cutting into metal or non-metallic
substances or for slitting them into narrow strips; for the purpose of this Schedule,
this term includes bread or other food slicers equipped with rotary knives or
cutting discs.
(a) Where practicable, a barrier metal guard of adequate strength shall be provided at
the front of the knife, fastened to the machine frame and shall be so fixed as
would prevent any part of the operator's body to reach the descending blade from
above, below or through the barrier guard or from the sides:
Provided that in case of machines used in the paper printing and allied industries,
where a fixed barrier metal guard is not suitable on account of the height and
volume of the material being fed, there shall be provided suitable starting devices
which require simultaneous action of both the hands of the operator or an
automatic device which will remove both the hands of the operator from the
danger zone at every descent of the blade.
(b) At the back end of such machines, as inclined guard shall be provided over which
the slit pieces would slide and be collected at a safe distance in a manner as would
prevent a person at the back from reaching the descending blade.
(i) starting devices which require the simultaneous action of both hands to
start the cutting motion and of at least one hand on a control during the
complete stroke of the knife; or
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Atomic Energy Factory Rules, 1996
Rule 32 (Sch.V)
(ii) an automatic guard which will remove the hands of the operator from the
danger zone at every descent of the blade, used in conjunction with one-
hand starting devices which require two distinct movements of the device
to start the cutting motion, and so designed as to return positively to the
non-starting position after each complete cycle of the knife.
(d) Where two or more workers are employed at the same time on the same power-
driven guillotine cutter equipped with two- hand control the device shall be so
arranged that each worker shall be required to use both hands simultaneously on
the safety trip to start the cutting motion, and at least one hand on a control to
complete the cut.
(e) Power-driven guillotine cutters, other than continuous trimmer, shall be provided,
in addition to the brake or other stopping mechanism, with an emergency device
which will prevent the machine from operating in the event of failure of the brake
when the starting mechanism is in the non-starting position.
3. Slitting Machines.-
(a) Circular disc-type knives on machines for cutting metal and leather, paper, rubber,
textiles or other non-metallic substances shall, if within reach of operators
standing on the floor or working level, be provided with guards enclosing the
knife edges at all times as near as practicable to the surface of the material, and
which may either-
(ii) be fixed or manually adjusted so that the space between the bottom of the
guard and the material will not exceed 6 mm (1/4 in.) at any time.
(b) Portions of blades underneath the tables or benches of slitting machines shall be
covered by guards.
4. Index Cutters and Vertical Paper Slotters.- Index cutters, and other machines for cutting
strips from the ends of books, and for similar operations, shall be provided with fixed
guards, so arranged that the fingers of the operators cannot come between the blades and
the tables.
5. Corner Cutters.- Corner cutters, used in the manufacture of paper boxes, shall be
equipped with -
(a) suitable guard fastened to the machines in front of the knives and provided with
slots or perforations to afford visibility of the operations; or
(b) other guards equally efficient for the protection of the fingers of the workers.
26
Atomic Energy Factory Rules, 1996
Rule 32(Sch.V-VI)
6. Band Knives.- Band wheels on band knives, and all portions of the blades except the
working side between the sliding guide and the table on vertical machines, or between the
wheel guards on horizontal machines, shall be completely enclosed with hinged guards of
sheet metal not less than 1 mm(0.04 in) in thickness or of other material of equal strength.
SCHEDULE VI
1. Definition.- "Agitators and Mixing Machines" means a tank or other container equipped
with power-driven mixing arms, blades or paddle wheels fixed to revolvable shafts or
other simple mechanical devices for blending stirring liquids with other liquids or with
solid substances or combinations of these.
2. When the top of an open agitator tank, beater tank or paddle tank or similar vessel is less
than 1 M above the adjacent floor or working level, adequate standard railings shall be
installed on all open sides.
3. Agitators and mixing machines shall be provided with an efficient inter-lock arrangement
for the top lid, to prevent access to the agitating, stirring or similar devices, whilst in
motion and would prevent restart under power with the lids in open position.
4. When other inspection or examination openings are provided at the top or sides of the
containers vessels of the agitator and mixing machines, such openings shall be provided
with standard grill guards as would prevent access of any part of the operator's body
coming in contact with agitator stirring or similar devices whilst in motion.
5. When discharge holes, openings, chutes or similar arrangements are provided at bottom
or at the sides of the container vessels of the agitator and mixing machines, they shall, be
so designed, shaped guarded, or situated as would prevent access of any part of operator's
body coming in contact with agitating, stirring or similar devices, whilst in motion inside the
vessel.
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Atomic Energy Factory Rules, 1996
SCHEDULE VII
CONVEYORS
3. General.- The conveyors shall be so designed installed, operated & maintained as per the
national code & standards. Safe procedures shall be laid down to include the following,
namely:-
(a) All moving parts of conveyors such as gears, sprockets, sheaves etc. shall be
guarded;
(b) The starting switch of conveyor shall be located at such a place so that the
operator shall have clear view of the entire conveyor length;
(c) The entire system shall be so interlocked by electrical or mechanical means that it
can stop automatically if there is a blockage at any place along the length;
(d) Conveyors operating in series shall have controls so designed that if one of the
conveyor stops others shall automatically stop;
(e) Electrical machines operating the conveyors equipped with brakes which are
mechanically applied or released by movement of operating device, shall be so
designed that if the electrical power is interrupted with brakes in OFF position,
load can descend only at controlled speed;
(h) For conveyors feeding the hopper at or near level of floor, the hopper shall be
provided with screen or railing and toe-board;
(i) Conveyors handling flammable material or fine powders shall have only
explosion proof electrical fixtures. The dust levels in the area shall be restricted to
PLE Limits by suitable means; and
(j) Conveyors running in tunnels & pits shall have sufficient clearance at sides for
workers engaged in lubricating or repair works.
4. Conveyors at height.-
(a) Conveyors at elevated locations shall be provided with access platform with toe-
board & guard rails.
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Atomic Energy Factory Rules, 1996
Rules 32 (Sch.VII)-34
(b) Conveyors installed within 2 metres of floor or walkway surface shall be provided
with crossovers or passages
(c) Overhead conveyors shall be provided with sideboards along the edges & screen
guards underneath. Underpasses shall be provided with sheet metal ceiling for
protection of the persons crossing.
(d) Conveyors passing through building floors, walls shall have interlocks installed in
such a way that all will have to operate at one time to start the system. These
switches shall be clearly marked & area near them shall be kept clean and free of
obstructions. The openings shall be guarded with hand rails, toe-boards etc.
5. Maintenance.- The operation, maintenance of conveyors shall be done under work permit
system keeping in mind the nature of materials handled. The entire mechanism of
conveyors, electrical switches, interlocks etc. shall be inspected and maintained regularly
especially for brakes, back stops, anti-runaway devices, overload releases and such other
safety devices.
6. Fire Fighting.- The entire length of the conveyor shall be covered by installation of fire
detection and warning system. Wherever conveyor passes through wall or floor openings,
automatic system shall be installed for closing of them to stop the passage of flame
through them. Wherever necessary automatic water sprinkler system shall also be
provided.
33. Register of workers employed for work on or near machinery in motion.-In every
factory a register shall be maintained in Form 1 in which the name and other
particulars of every such worker as may be employed for such examination or
operation as referred to in the proviso to sub-section (1) of section 21 shall be
entered.
(2) In pursuance of the provisions of sub-section (4) of Section 28, in respect of any
class or description of hoist or lift specified in the first column of the following
Schedule, the requirements of section 28 specified in the second column of the
said Schedule and set opposite to that class or description of hoist or lift shall not
apply.
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Atomic Energy Factory Rules, 1996
Rules 34-35
SCHEDULE
Hoists or lifts mainly used for raising materials Sub-section 1(b) in so far as it requires a gate
for charging blast furnaces or lime kilns. at the bottom landing; sub-section1(d); sub-
section 1(e)
Hoists not connected with mechanical power Sub-section 1(b) in so far as it requires the
and which are not used for carrying persons. hoistway or liftway enclosure to be so
constructed as to prevent any person or thing
from being trapped between any part of the
hoist or lift and any fixed structure or moving
part; sub-section 1(e)
(1) No lifting machine and no chain, rope or lifting tackle, except a fibre rope or fibre
rope sling, shall be taken into use in any factory for the first time in that factory
unless it has been tested and all parts have been thoroughly examined by a
competent person and a certificate of such a test and examination specifying the
safe working load or loads and signed by the person making the test and the
examination, has been obtained and is kept available for inspection.
(2) Every jib-crane so constructed that the safe working load may be varied by the
raising or lowering of the jib, shall have attached there to either an automatic
indicator of safe working loads or an automatic jib angle indicator and a table
indicating the safe working load at corresponding inclinations of the jib or
corresponding radii of the load. An audio-visual alarm be preferably provided in
addition, to give alarm wherever the limits given in table are exceeded.
(3) A table showing the safe working loads of every kind and size of chain, rope or use,
and, in the lifting tackle in case of a multiple sling, the safe working loads at
different angles of the legs, shall be pasted in the store in which the chains, ropes
or lifting tackles are kept, and in prominent positions on the premises, and no
chain, rope or lifting tackle not shown in the table shall be used:
Provided that this sub-rule shall not apply in respect of such lifting tackle if the
safe working load thereof, or in the case of a multiple sling, the safe working load at
different angles of the legs, is plainly marked upon it.
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Atomic Energy Factory Rules, 1996
Rule 35
(4) The register to be maintained under clause (a)(iii) of sub-section (1) of Section 29 of the
Act shall contain the report as given in Form - 4, giving following particulars and shall be
kept readily available for inspection:-
(c) Distinguishing number or mark, if any, and description sufficient to identify the
lifting machine, chain, rope, or the lifting tackle.
(d) Date when the lifting machine, chain, rope or lifting tackle was first taken into use
in the factory.
(e) Date and number of the certificate relating to any test and examination made
under sub-rules (1) and (15) together with the name and address of the person who
issued the certificate.
(f) Date of each periodical thorough examination made under clause (a) (iii) of sub-
section(1) of Section 29 of the Act and sub-section (3) and by whom it was carried
out.
(g) Date of annealing or other heat treatment of the chain and other lifting tackle
made under sub-rule (7) and by whom it was carried out.
(h) Particulars of any defects affecting the safe working load found at any such
thorough examination or after annealing and of the steps taken to remedy such
defects.
(5) All rails on which a travelling crane moves and every track on which the carriage of a
transporter or runway moves shall be of proper size and adequate strength and have an
even running surface; and every such rail or track shall be properly laid, adequately
supported and properly maintained.
(6) To provide access to rail tracks of overhead travelling cranes suitable passage-ways of at
least 50 centimeters width with toeboards and double hand rails 90 centimeters high shall
be provided alongside, and clear of, the rail tracks of overhead travelling cranes, such that
no moving part of the crane can strike persons on the ways, and the passage-way shall be
at a lower level than the crane track itself. Safe access ladders shall be provided at
suitable intervals to afford access to these passage-ways, and from passage-ways to the
rail tracks:
Provided that the Competent Authority may, for reasons to be specified in writing,
exempt any factory in respect of any overhead travelling crane from the operation of any
provision of this sub-rule subject to such conditions as it may specify.
(7) All chains and lifting tackles except a rope sling shall, unless they have been subjected to
such other heat treatment as may be approved by the Competent Authority of Factories,
be effectively annealed under the supervision of a competent person at the following
intervals:-
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Atomic Energy Factory Rules, 1996
Rule 35
(a) all chains, slings, rings, hooks, shackles and swivels used in connection with
molten metal or molten slag or when they are made of 12.5 millimeters bar or
smaller, once at least in every six months; and
(b) all other chains, rings, hooks, shackles and swivels in general use, once at least in
every twelve months:
Provided that chains and lifting tackle not in frequent use shall, subject to the
Competent Authority's approval, be annealed only when necessary. Particulars of
such annealing shall be entered in a register prescribed under sub-rule (4).
(c) Slinging-
(i) Chains shall not be joined by bolting or wiring links together. They shall
not be shortened by tying knots. A chain in which the links are locked,
stretched or do not move freely shall not be used. The chain shall be free
of kinks and twists. Proper eye splices shall be used to attach the chain
hooks.
(ii) Pulley blocks of the proper size shall be used to allow the rope free play in
the sheave grooves and to protect the wire rope from sharp bends under
load. Idle sling shall not be carried on the crane hook along with a loaded
sling. When idle slings are carried they shall be hooked.
(iii) While using multileged slings, each sling or leg shall be loaded evenly and
the slings shall be of sufficient length to avoid a wide angle between the
legs.
(iv) Sling hitches on loads shall be made under the supervision of experienced
persons.
(8) Nothing in the foregoing sub-rule (7) shall apply to the following classes of chains and
lifting tackles, namely:-
(c) chains, rings, hooks, shackles and swivels made of steel or of any non-ferrous
metal;
(d) pitched chains, working on sprocket or pocketed wheels;
(e) rings, hooks, shackles and swivels permanently attached to pitched chains, pulley
blocks or weighing machines;
(f) hooks and swivels having screw threaded parts or ball bearing or other case
hardened parts;
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Atomic Energy Factory Rules, 1996
Rule 35
Provided that such chains and lifting tackles shall be thoroughly examined by a
competent person once at least in every twelve months, and particulars entered in the register
kept in accordance with sub-rule (4).
(9) Cranes shall be operated only by authorised persons who are well trained and
experienced, operators shall ensure that all safety devices are functioning properly before
crane is put into operation.
(10) A mobile crane shall be operated so that none of its parts can approach live electric lines
closer than 3 m. While lifting loads such a crane shall be located on level ground.
(11) Standard signals shall be used and operators shall recognise signals from only one person
during crane operation. Signal men shall direct equipment movement at fills, quarries,
pits, intersections or any other place where necessary to prevent possible accidents.
(13) Thorough inspection and load testing of a crane shall be done by a competent person at
least once every 12 months. The load to be used for the purpose of testing shall be as
follows:
(14) All lifting machines, ropes, chains and lifting tackles, except a fibre rope or fibre sling,
which have been lengthened, altered or repaired by welding or otherwise, shall, before
being again taken into use, be adequately re-tested and re-examined by a competent
person and certificate of such test and examination be obtained, and particulars entered in
the register kept in accordance with sub-rule (4).
(15) No person under 18 years of age and no person who is not sufficiently competent and
reliable shall be employed as driver of a lifting machine whether driven by mechanical
power or otherwise, or to give signals to a driver.
(16) Where the Competent Authority is satisfied that in a factory due to shutdown or for any
other reasons it is not practicable to maintain a minimum distance of 6 metres between
the person employed or working on or near the wheel track of a travelling crane and the
crane, it may on the request of the manager reduce the distance to such extent as it may
consider necessary and also prescribe further precautions indicating appointment of
suitable number of supervisors to ensure the safety of the persons while they are
employed or working on or near the track.
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Atomic Energy Factory Rules, 1996
Rules 35-36
(a) "design pressure" means the maximum pressure that a pressure vessel or plant is
designed to withstand safely when operating normally;
(b) "maximum permissible working pressure" means the maximum pressure at which
a pressure vessel or plant is permitted to be operated or used under this rule and is
determined by the technical requirement of the process;
(c) "plant" means a system of piping that is connected to a pressure vessel and is used
to contain a gas, vapour or liquid under pressure greater than the atmospheric
pressure, and includes the pressure vessel;
(d) "pressure vessel" means a vessel that may be used for containing, storing,
distributing, transferring, distilling, processing or otherwise handling any gas,
vapour or liquid under pressure greater than the atmospheric pressure and includes
any pipeline fitting or other equipment attached thereto or used in connection
therewith; and
(e) "competent person" means a person as defined in Sr.No. 5. of schedule to rule 31.
(a) vessels made of ferrous materials having an internal operating pressure not
exceeding 1 kilogram per square centimeter;
(b) steam boilers, steam and feed pipes and their fittings coming under the purview of
the Indian Boilers Act, 1923;
(c) metal bottles or cylinders used for storage or transport of compressed gases or
liquefied or dissolved gases under pressure covered by the Gas Cylinder Rules,
1981 framed under the Indian Explosives Act, 1884;
(d) vessels in which internal pressure is due solely to the static head of liquid;
(e) vessels with a nominal water capacity not exceeding 500 litres connected in a
water-pumping system containing air that is compressed to serve as a cushion;
(f) vessels for nuclear energy application shall be covered by rules framed by
Competent Authority;
34
Atomic Energy Factory Rules, 1996
Rule 36
(h) working cylinders of steam engines or prime movers, feed pumps and steam traps;
turbine casings; compressor cylinders; steam separators or dryers; steam strainers;
steam de-super- heaters; oil separators; air receivers for fire sprinkler installations;
air receivers of monotype machines provided the maximum working pressure of
the air receiver does not exceed 130 kPa (1.33 kg/sq.cm) and the capacity 85
litres; air receivers of electrical circuit breakers; air receivers of electrical relays;
air vessels on pumps, pipe coils, accessories of instruments and appliances such as
cylinders and piston assemblies used for operating relays and interlocking type of
guards; vessels with liquids subjected to static head only; and hydraulically
operating cylinders other than any cylinder communicating with an air loaded
accumulator.
(b) shall be of good construction, sound material, adequate strength and free from any
patent defects; and
Provided that the pressure vessel or plant in respect of the design and construction of
which there is an Indian standard or a standard of the country of manufacture or any other
law or regulation in force, shall be designed and constructed in accordance with the said
standards, law or regulation, as the case may be, and a certificate thereof shall be obtained
from the manufacturer or from the competent person which shall be kept and produced on
demand by an Inspector.
(a) a suitable safety valve or other effective pressure relieving device of adequate
capacity to ensure that the maximum permissible working pressure of the pressure
vessel shall not be exceeded. It shall be set to operate at a pressure not exceeding
the maximum permissible working pressure and when more than one protective
device is provided, only one of the devices need be set to operate at the maximum
permissible working pressure and the additional device shall be set to discharge at
a pressure not more than 5 percent in excess of the maximum permissible working
pressure;
(b) a suitable pressure gauge with a dial range not less than 1.5 times the maximum
permissible working pressure, easily visible and designed to show at all times the
correct internal pressure and marked with a prominent red mark at the maximum
permissible working pressure of the pressure vessel;
(c) a suitable nipple and globe valve connected for the exclusive purpose of attaching
a test pressure gauge for checking the accuracy of the pressure gauge referred to in
clause (b) of this sub-rule;
(d) a suitable stop valve or valves by which the pressure vessel may be isolated from
other pressure vessels or plant or source of supply of pressure. Such a stop valve
or valves shall be located as close to the pressure vessel as possible and shall be
easily accessible;
35
Atomic Energy Factory Rules, 1996
Rule 36
Provided that the pressure vessel or plant which is so designed and constructed
that it cannot be safely filled with water or liquid or is used in service when even
some traces of water cannot be tolerated, shall be pneumatically tested at a
pressure not less than the design pressure or maximum permissible working
pressure as the case may be:
Provided further that the pressure vessel or plant which is lined with glass shall be
tested hydrostatically or pneumatically as required at a pressure not less than the
design pressure or maximum permissible working pressure as the case may be.
Explanation:- Design pressure shall be not less than the maximum permissible
working pressure and shall take into account the possible fluctuations of pressure
during actual operation.
(b) No pressure vessel or plant shall be used in a factory unless there has been
obtained from the maker of pressure vessel or plant or from the competent person
a certificate specifying the design pressure or maximum permissible working
pressure thereof, and stating the nature of tests to which the pressure vessel or
plant and its fittings (if any) have been subjected, and every pressure vessel or
plant so used in a factory shall be marked so as to enable it to be identified as to
be the pressure vessel or plant to which the certificate relates and certificate shall
be kept available for perusal by the Inspector.
Provided further that for a pressure vessel or plant in continuous process which
cannot be frequently opened, the period observations, findings and conclusions with
other relevant remarks with reasons and may authorise the pressure vessel or plant
to be used and kept in operation subject to a lowering of maximum permissible
working pressure, or to more frequent or special examination or test, or subject to
both of these conditions.
36
Atomic Energy Factory Rules, 1996
Rules 36-38
(b) A report of every examination or test carried out shall be completed in Form 5 and
shall be signed by the person making the examination or test, and shall be kept
available for perusal by the Inspector at all hours when the factory or any part
thereof is working.
(c) Where the report of any examination under this rule specified any condition for
securing the safe working of any pressure vessel or plant, the pressure vessel or
plant shall not be used unless the specified condition is fulfilled.
(d) The competent person making report of any examination under this rule, shall
within seven days of the completion of the examination, send to the Competent
Authority a copy of the report in every case where the maximum permissible
working pressure is reduced or the examination shows that the pressure vessel or
plant or any part thereof cannot continue to be used with safety unless certain
repairs are carried out or unless any other safety measure is taken.
(a) The requirements of this rule shall be in addition to and without any prejudice to
and not in derogation of the requirements of any other law in force.
(b) Certificates or reports of any examination, or test of any pressure vessel or plant to
which sub-rules (7) to (9) do not apply, conducted or required to be conducted
under any other law in force and other relevant record relating to such pressure
vessel or plant, shall be properly maintained as required under the said law and
shall be produced on demand by the Inspector.
(1) No person, unless aided by another person or any mechanical device, shall carry or move
by hand or head any material, article, tool or appliance exceeding the maximum limit in
weight set out in the following Table:-
TABLE
Persons Max. weight of material, article, tool or appliance
in kg
a) Adult Male 55
b) Adult female 30
Provided that the dimensions of material, tool or appliance shall be such as not to make
worker unstable and not to hurt others:
Provided further that pregnant females shall not be engaged for lifting loads.
(2) No female worker shall engage in conjunction with others, in lifting carrying or moving
by hand or on head any material article, tool or appliance if the weight thereof exceeds the
lowest weight fixed by Table to sub rule (1) above for any of the persons engaged
multiplied by the persons engaged.
37
Atomic Energy Factory Rules, 1996
Rules -39
(1) The processes specified in Schedule I to this rule, being processes which involve risk of
injury to eyes from particles or fragments thrown off in the course of the processes.
(2) The processes specified in Schedule II to this rule, being processes which involve risk of
injury to eyes by reason of exposure to excessive light or infra-red or ultra-violet
radiations.
SCHEDULE I
1. Breaking, cutting, dressing or carving of bricks, stone, concrete, slag or similar materials
by means of a hammer, chisel, pick or similar hand tool, or by means of a portable tool
driven by mechanical power, and the dry grinding of surfaces of any such materials by
means of a wheel or disc driven by mechanical power, where in any of the foregoing
cases, particles or fragments are liable to be thrown off towards the face of the operator in
the course of the process.
2. Dry grinding of surfaces of metal by applying them by hand to a wheel, disc or band
driven by mechanical power, and of surfaces of metal by means of a portable tool driven
by mechanical power.
3. Dividing into separate parts of metal, bricks, stone, concrete or similar materials by
means of a high speed saw driven by mechanical power or by means of an abrasive
cutting-off wheel or disc driven by mechanical power.
5. Drilling by means of portable tools, where particles or fragments are liable to be thrown
off towards the face of the operator in the course of the process.
6. Welding and cutting of metals by means of an electric, oxy- acetylene or similar process.
7. Hot fettling of steel castings by means of a flux-injected burner or air torch, and de-
seaming of metal.
8. Fettling of metal castings involving the removal of metal, including runners, gates and
risers, and removal of any other material during the course of such fettling.
9. Chipping of metal, and chipping, knocking out, cutting out or cutting off of cold rivets,
bolts, nuts, lugs, pins, collars or similar articles from any structure or plant, or from part
of any structure or plant, by means of a hammer, chisel, punch or similar hand tool, or by
means of a portable tool driven by mechanical power.
10. Chipping or scurfing of paint, scale, slag, rust or other corrosion from the surface of metal
and other hard materials by means of a hand tool or by a portable tool driven by
mechanical power.
38
Atomic Energy Factory Rules, 1996
Rule 39(Sch.I-II)
12. Routing of metal, where particles or fragments are liable to be thrown off towards the
face of the operator in the course of the process.
13. Work with drop hammers and power hammers used in either case for the manufacture of
forgings, and work by any person not working with such hammers, whose work is carried
on in such circumstances and in such a position that particles or fragments are liable to be
thrown off towards his face during work with drop hammers or power hammers.
14. Work at a furnace where there is risk to the eyes from molten metal.
16. Work involving risk to the eyes from hot sand being thrown off.
18. Handling in open vessels or manipulation of strong acids or dangerous corrosive liquids
or materials, and operation, maintenance or dismantling of plant or any part of plant being
plant or part of plant which contains or has contained such acids, liquids or materials,
unless the plant or part of plant has been so prepared (by isolation, reduction of pressure, or
otherwise), treated, or designed and constructed as to prevent risk of injury.
19. Any other process wherein there is a risk of injury to eyes from particles or fragments
thrown off during the course of the process.
SCHEDULE II
2. All work on furnaces where there is risk of exposure to excessive light or infra-red
radiations.
3. Process such as rolling, casting or forging of metals, where there is risk of exposure to
excessive light heat or infra-red radiations.
4. Any other process wherein there is a risk of injury to eyes from exposure to excessive
light or infra-red or ultra-violet radiations.
39
Atomic Energy Factory Rules, 1996
Rules 40-41
40. MINIMUM DIMENSIONS OF MANHOLES.- Every chamber, tank, vat, pipe, flue
or other confined space, which persons may have to enter and which may contain
dangerous fumes to such an extent as to involve risk of the persons being overcome
thereby, shall unless there is other effective means of egress, be provided with a
manhole which may be rectangular, oval or circular in shape, and shall have the
following dimensions as minimum, namely:-
Rectangular shape- 50 cm X 30 cm
Oval shape - Major & minor axis diameters 50 cm. and 30 cm. respectively.
-------------------------------------------------------------------------------------------------------------
41. EXEMPTIONS.- The requirements of sub-section (4) of section 37 of the Act shall
not apply to the following processes carried on in any factory, namely:-
(1) the operation of repairing a water sealed gasholder by the electric welding process,
subject to the following conditions, namely:-
(a) the gasholder shall contain only the following gases, separately or mixed at a
pressure greater than atmospheric pressure, namely, town gas, coke-oven gas,
producer gas, blast furnace gas, or gases other than air, used in their manufacture:
Provided that this exemption shall not apply to any gasholder containing acetylene or
mixture of gases to which acetylene has been added intentionally; and
(b) welding shall only be done by the electric welding process and shall be carried out
by experienced operatives under the constant supervision of a competent person;
(2) the operations of cutting or welding steel or wrought iron gas mains and services by the
application of heat, subject to the following conditions, namely:-
(a) the main or service shall be situated in the open air, and it shall contain only the
following gases, separately or mixed at a pressure greater than atmospheric
pressure, namely, town gas, coke-oven gas, producer gas, blast furnace gas, or
gases other than air, used in their manufacture;
(b) the main or service shall not contain acetylene or any gas or mixture of gases to which
acetylene has been added intentionally;
(c) the operation shall be carried out by an experienced person or persons and at least
2 persons (including those carrying out the operations) experienced in work on gas
mains and over 18 years of age shall be present during the operation;
(d) the site of the operation shall be free from any flammable or explosive gas or
vapour;
(e) where acetylene gas is used as a source of heat in connection with an operation, it
shall be compressed and contained in a porous substance in a cylinder; and
(f) prior to the application of any flame to the gas main or service, this shall be
pierced or drilled and the escaping gas ignited.
40
Atomic Energy Factory Rules, 1996
Rules -45
(1) General.- All constructions shall conform to National Building Code of Indian Standards
Institution now Bureau of Indian Standards.*
(a) Means of access for industrial buildings & those buildings which attract large
crowd shall be adequate.
The length of the main access shall be determined by the distance from
the farthest building to the public street. The length of the subsidiary accessories
shall be measured from the point of its' origin to the next wider road on which it
meets.
(b) Pathways: The approach to the buildings from road/street/internal means of access
shall be adequate and through paved pathways.
(c) Intersection of Roads: For intersection junction of roads meeting at right angles as
well as other than right angles, the rounding off or cut off or splay or similar
treatment shall be done, depending upon the width of the roads, traffic, sighting
angle etc. to provide clear sight distance.
(d) Speed Breakers & Pedestrian Passage: Speed breakers shall be provided on all
roads which lead to main road near the junction. The pedestrian crossings shall be
marked.
(e) Sign Boards & Signs: Sign boards displaying information on maximum
permissible speeds and appropriate road signs wherever required shall be
provided. The maximum permissible speed on internal roads shall be decided by
the manager of the factory depending on the traffic, size and number of vehicles,
number of persons working in a particular building etc. The sign boards, road
signs & pedestrian crossings shall be of fluorescent paint. The speed limit on
various roads shall be decided by the factory manager.
(3) Guarding of pits, sumps, trenches, manholes etc.-Pits, sumps, trenches, manholes and any
other openings in the wall or floor shall be adequately covered or guarded. these shall be
periodically checked and record maintained.
---------------------------------------------------------------------------------------------------------------------------
* Note-The Code covers aspects of administrative regulations, development control rules &
general building & fire protection requirements; rules for design of electrical, etc. installations;
regulation for ventilation etc. & plumbing services; measures to ensure safety of workers &
public during construction etc.
41
Atomic Energy Factory Rules, 1996
Rule - 46
46. CONSTRUCTION & ERECTION.-Manager shall take appropriate measures with the
approval of the Inspector to minimise the effects of occupational hazards arising out of
animals, reptiles, rodents, poisonous plants and weeds, weather conditions and living
conditions.
(1) General.-
(a) Site preparation - While preparing the site for construction, bush and other wood,
debris, etc, shall be removed and promptly disposed of so as to minimize the
attendant hazards.
(b) Access for Fire Fighting Equipment & Vehicles - Access for fire fighting
equipment shall be provided to the construction site at the start of construction
and maintained until all construction work is completed:
(i) Free access from the street to fire hydrants/static water tanks, where
available, shall be provided and maintained at all times;
(c) Access to the Upper Floors During Construction- In all buildings over two storeys
high, at least one stairway shall be provided in usable condition at all times. This
stairway shall be extended upward as each floor is completed. As far as possible,
there shall be a handrail on the staircase.
(a) Organization of Work - The agency responsible for erecting the steel work shall
analyze the proposed erection scheme for safety. The erection scheme shall cover
safety aspects right from the planning stage up to the actual execution of the work
and make provision for personnel protective equipments.
(i) General - Skilled workers trained in relevant jobs shall only be employed
in jobs requiring skills.
(1) All personnel protective equipments like helmets, goggles, safety
shoes, gloves, aprons etc. shall be suitable for the job & shall
conform to relevant Indian Standards
42
Atomic Energy Factory Rules, 1996
Rule - 46
(2) When the work is in progress, the area shall be cordoned off by
barricades to structural components, or falling into excavated
trenches or getting injured by falling objects.
(4) All electrically operated hand tools shall be provided with proper
earthing.
(ii) Anchors for guys or ties shall be checked for proper placement. The
weight of concrete in which the anchors are embedded shall be checked
for uplift and sliding:
(1) Split-end eye anchors shall only be used in good, solid rock.
(2) The first load lifted by a guy derrick shall be kept at a small height
for about 10 minutes and the anchors immediately inspected for
any signs or indications of failure.
(3) When a number of trusses or deep girders are loaded in one car or
on one truck, all but one being lifted shall be tied back unless they
have been tied or braced to prevent their falling over and
endangering men unloading.
(4) The erection gang shall have adequate supply of bolts, washers,
rivets, pins, etc. of correct size. Enough number of bolts shall be
used in connecting each piece using a minimum of two bolts in a
pattern to ensure that the joint will not fail due to dead load and
erection loads.
(5) Safety belts shall always be provided & used for working at
heights. The ropes shall be chemically treated to resist dew and
rotting. These shall not be tied on sharp edges of steel structures.
They shall be tied generally not more than 2 to 3 m. away from the
belt.
(6) On a guy derrick or climbing crane job, the tool boxes used by the
erection staff shall be moved to the new working floor each time
the rig is changed. On a mobile crane job, the boxes shall be
moved as soon as the crane starts operating in a new area too far
away for the men to reach the boxes conveniently.
43
Atomic Energy Factory Rules, 1996
Rule 46
(7) Baskets or containers to hold small materials such as bolts and drift
pins shall be provided to men working on floats or scaffolds. Men
shall be trained to use such containers, and to keep small tools
gathered up and put away in tool boxes when not in use. Material
shall not be dumped overboard when a scaffold is to be moved.
Rivet heaters shall have safe containers or buckets for hot rivets
left over at the end of the day.
(11) The load shall never be allowed to rest on wire ropes. Ropes in
operation shall not be touched. Wire ropes/manila ropes
conforming to acceptable standards shall be used for guying.
(c) Safety of Structure: General -The structure itself shall be safeguarded during its
erection & erection of columns shall be immediately followed by vertical bracing
between columns before the roof structure is erected.
44
Atomic Energy Factory Rules, 1996
Rule 46
(4) Excavation.-
(a) Excavation shall be planned in advance so that hazards due to falling and things
falling are avoided. Accident prevention measures shall be adopted and effectively
carried out on each job because of inherent dangers.
(b) Underground utilities such as water mains, drainage lines, electrical cables, gas
lines etc. shall be located and protected wherever necessary.
(d) Cutting shall be done from top to bottom. Under no circumstances undermining or
undercutting shall be done.
(e) No excavation below the level of any foundation of a building or structure (if the
excavation is liable to effect the building) shall be commenced unless adequate
shoring has been provided to prevent any danger to the building.
(f) In every excavation work along sloping ground, sides and slopes of ground shall
be maintained in a safe condition by scaling, benching or barricading. Loose earth
and loose rock shall be scaled continuously. To ensure safety of workers engaged
on such work, each worker shall be provided with safety belt attached to a safety
line. On steep slopes workers shall not be permitted to work one above the other.
All such scaling work shall be done under good supervision.
(g) All trenches, 120 cm or more in depth, shall at all times be supplied with at least
one ladder for each 30 meters in length or fraction thereof. Ladder shall be
extended from bottom of the trench to at least one metre above the surface of the
ground.
(h) Every accessible part on an excavation or an opening in the ground into which a
person is liable to fall vertically through a height of 2 meters, shall be barricaded
to a height of one metre.
(i) Measures shall be taken to prevent spectators and other workmen who are not
engaged in excavation work, from approaching excavation areas by placing
warning signals etc. near the site of the excavation. Provisions shall also be made
to prevent animals from falling into excavation areas.
(5) Shoring.-
(a) Additional precautions by way of shoring and bracing shall be taken to prevent
slides, slips or caveins when excavations or trenches are made in locations subject to
vibrations from railway or road traffic, the operation of machinery or any other source
of vibration.
(b) Excavation over 1.2 m in depth, unless in solid rock or hard soil shall be shored and
braced or sloped to the angle of repose of the material when consolidated. All shoring
and bracing shall extend to the bottom of the excavation when necessary.
(c) No person shall work in an excavation shaft, earth work of tunnel unless all timbering
or planks used therein has been inspected by a competent person before the
commencement of the work.
45
Atomic Energy Factory Rules, 1996
Rule 46
(b) During night, a red danger light shall be displayed at a conspicuous place near the
excavation site to warn approaching traffic and men.
The excavated material shall be dumped sufficiently away from the edge of the excavated
trench to avoid the excavated material slipping and falling into the trench. The excavated
materials and any other material or load shall not be dumped or placed within 1.5m of the
edges of the trench or half of the depth of the trench whichever is more.
(8) Scaffolding:
(a) Suitable scaffolds shall be provided for workmen for all works that cannot be done
safely from the ground.
(b) All the members of a scaffold such as planks, braces, vertical supports, horizontal
supports shall be of sound material, good construction and of adequate strength.
They shall be properly maintained.
(c) No plank shall be kept loose so that levering of the plank is avoided. Nails of proper
size shall be used for construction of scaffolds in sufficient numbers and driven fully
in.
(d) Scaffolding or staging more than 3.5 meters above the ground floor swung or suspended
from an overhead support or erected with stationary support shall have a guard rail
properly attached, bolted, braced and otherwise secured at least one metre high above the
the floor or platform of such scaffolding or staging and extending along the entire length
of the outside and ends thereof with only such opening as may be necessary for the
delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from
swaying from the building or structure.
(e) On unprotected scaffolds at high elevations the men must wear life belts suitably
anchored to some substantial part of the structure.
(g) The platform of a suspended scaffold shall not be less than 45 cm. wide and
points of suspension not more than 3 m apart and so arranged, that, at the working
position, the edge is as close as practicable to the working face when persons have to
work in a sitting position. Suspended scaffolds shall be tested as before use to
ensure that minimum safety factors are maintained. The test will be made by
raising the working surface 30 cm. above the ground and loading it with at least
three times the maximum weight that will be imposed upon it.
46
Atomic Energy Factory Rules, 1996
Rule 46-47
(h) A safe and convenient means of access shall be provided to the platform or
scaffold. Means of access may be a portable ladder, fixed ladder, ramp or a
stairway. The use of cross braces or frame work as means of access to the working
surface shall not be permitted.
(i) All scaffolds, before use, shall be examined by the engineer in charge.
(j) Every working place and approach thereto, every place where raising or lowering
operations with the use of lifting appliance are in progress and all openings
dangerous to persons employed shall be adequately and suitably lighted.
(l) Bracings and other members of the scaffolds shall not be removed prematurely
while dismantling the entire scaffold which shall be maintained stable and rigid so
as to avoid the danger of collapse.
(m) Care shall be taken to see that no uninsulated electric wire exists within 3 metres
of the working platform, gangways, runs, etc. of the scaffold.
(n) Good house-keeping shall be maintained at all times upon scaffolds, platforms
and ramps. Excessive storage of materials thereon shall be avoided. Care must be
taken to avoid accumulation of small objects such as tools, pieces of
(c) A man shall be specially employed as signalman to watch the movement of the
bucket and warn the crew and vibrator operators of the approaching bucket so that
all workers may clear out of the area affected by the bucket. Signalman shall be so
stationed in a safe place that they can see the entire area where concrete is being
placed.
(12) Work in open areas and specially at height shall be stopped under adverse weather
conditions such as strong winds, snowfall, rainfall and under any other conditions
specified by Safety Officer/Inspector.
(1) Frayed and / or bare wires shall not be used for temporary electrical connections during
construction. All temporary wiring shall be installed and supervised by a competent
electrician. Adequate protection shall be provided for all electrical wiring laid on floor
which may have to be crossed over by construction machinery or by the workmen. All
flexible wiring connecting the electrical appliances shall have adequate mechanical
strength and shall preferably be enclosed in a flexible metal sheath. Overhead
wires/cables shall be so laid that they leave adequate head room. Clearance for the above
shall be obtained from the competent person.
(2) All electrical circuits, other than those required for illumination of the site at night, shall
be switched off at the close of day's work. The main switch board from which
connections are taken for lighting, power operated machinery, etc, shall be located in an
easily accessible and prominent place. No article of clothing nor stores shall be kept at the
back of or over the board or anywhere near it. One 3-kg/4.5-kg CO2 extinguisher or one
5-kg dry powder extinguisher shall be provided near the switch board.
47
Atomic Energy Factory Rules, 1996
Rules 48-50
48. BUILDINGS & STRUCTURES.- No building, wall, chimney, bridge, tunnel, road,
gallery, stairway, ramp, floor, platform, staging, or other structure, whether of a
permanent or temporary character, shall be constructed, situated or maintained in any
factory in such a manner as to cause risk of bodily injury.
50. METHODS OF WORK.- No process or work shall be carried in any factory in such a
manner as to cause risk of bodily injury. Schedule for Hand Tools & Portable Power
Tools is given below.
SCHEDULE
1. Hand tools:-
(a) Definition: Hand tool means any tool which is used without any external motive
power.
(b) Hand tools shall be of good quality materials, conforming to relevant BIS
standards and shall be used only for the job it is designed for. Non sparking tools
such as that made of Beryllium Copper alloy shall be used for working in
explosive areas.
(c) Workers shall be trained & instructed for proper use of tools such as files,
hammers, hacksaws etc.
(d) Proper tool bags shall be provided to workers to carry the tools and not leaving
them on floors, passages etc.
(e) Protective equipments such as gloves, goggles etc. shall be provided to and worn
by the workers.
(a) Definition: Portable Power Tool means a tool powered by electric or pneumatic
power, operated by a single operator and which is transportable from place to
place.
(b) Portable power tools shall conform to the relevant BIS standards and shall be used
for the job it is designed for. Starting switches shall be located at such places
where accidental starting cannot take place.
(c) Electrically operated tools shall be used only with 3 core cable with proper
earthing provided. This should be checked before use.
48
Atomic Energy Factory Rules, 1996
Rules 50-51
(d) Electrically operated tools shall not be used where flammable vapours, gases or
dusts are present, unless they are specially designed for use in such environment.
(e) Proper guards shall be provided for tools such as grinders, saws etc. and operators
shall be provided with personal protective equipments wherever required.
(f) In case of pneumatic tools a short chain shall be provided for attaching the air
hose and tools housings securely to prevent it from whipping in case of breaking
of the coupling.
(g) Periodic inspection and maintenance shall be carried out for electrical insulation,
earthing, integrity etc.
52. LADDERS.-
(1) Every ladder shall be of good construction, sound material and of adequate strength for
the purpose for which it is used. The rungs shall be parallel, level and uniformly spaced at 30
cm.
(2) Ladders shall be inspected regularly and repaired immediately. No ladder with defective
or missing rungs shall be used. Wooden ladders shall not be painted. For preserving the
material from deterioration linseed oil or clear varnish shall be used.
(3) No portable single ladder shall be over 9 m in length while the width between side rails in
rung ladder shall in no case be less than 28 cm for ladder up to and including 3 m in
length. For longer ladders this width shall be increased at least 20 mm for each additional
metre of length. Uniform step spacing shall not exceed 30 cm.
(4) All ladders with spreading bases such as step and trestle ladders shall be equipped with
rigid spreads or some other means to prevent their premature opening or closing.
(5) Ladders shall be in a safe position before being climbed. The best angle for a ladder is 75
with the horizontal i.e., the distance of the base of the ladder from the wall, pole structure
etc., as the case may be shall be 1/4th its length.
(7) A ladder shall not be placed upon a box, barrel, or other movable insecure object and
against a round or angular pillar such as pipe or narrow steel section etc.
(8) Two ladders must not be spliced together as far as possible. When it is inevitable they
shall be tied together properly to ensure rigidity. Extra parallel members at the point of
splicing may be added to each of the main members of the ladder. Two ladders shall not
be spliced together to provide access to a greater height than when a single ladder is used.
49
Atomic Energy Factory Rules, 1996
Rules -52(Sch.)
(9) Bamboo ladders shall be provided with twisted wire loops enclosing both longitudinal
members to prevent them from opening outwards. However, such ladders where
longitudinal members are reinforced with metal/wire loops shall not be used when
working on electrical circuits.
(10) Metal ladders with insulating rubber shoes shall only be used for working with electrical
lines or in places where they may come in contact with such wires.
(11) No worker shall work from a plank placed on the rungs of ladders.
(12) All permanently installed vertical ladders above a height of 3 m shall have manguards
provided.
(1) Application - This rule shall apply to ovens and driers, except those used in laboratories
or kitchens of any establishment and those which have a capacity below 325 litres.
(2) Definition:- For the purpose of this rule, "oven or drier" means any enclosed structure,
receptacle, compartment or box which is used for baking, drying or otherwise processing
of any article or substance at a temperature higher than the ambient temperature of the air
in the room or space in which explosive mixture of air and a flammable substance is
likely to be evolved within the enclosed structure, receptacle, compartment or box or part
thereof on account of the article or substance which is baked, dried or otherwise
processed within it.
(3) Separate electrical connection.- Electrical power supplied to every oven or drier shall be
by means of a separate circuit provided with an isolation switch.
(a) Every oven or drier shall be properly designed on sound engineering practice and
be of good construction, sound materials and adequate strength, free from any
patent defects and safe if properly used.
(b) No oven or drier shall be taken into use in a factory for the first time unless a
competent person has thoroughly examined all its parts and carried out the tests as
are required to establish that the necessary safe systems and controls provided for
safety in operation for the processes for which it is to be used and a certificate of
such examination and tests signed by that competent person has been obtained and
is kept available for inspection.
(1) No person shall be employed to operate a crane, locomotive or fork-lift truck, or to give
signals to a crane or locomotive operator unless his eyesight and colour vision have been
examined and declared fit by a qualified ophthalmologist to work whether with or
without the use of corrective glasses.
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Atomic Energy Factory Rules, 1996
Rules 55&59
(2) The eye sight and colour vision of the person employed as referred to in clause 1 shall be
examined at least once in every period of 12 months up to the age of 45 years and once in
every 6 months beyond that age.
(3) Any fee payable for an examination of a person under this sub-rule shall be paid by the
contractor/occupier and shall not be recoverable from that person.
(4) The record of examination or re-examination carried out as required under sub-rule 1
shall be maintained in Form-1.
58. PROTECTIVE EQUIPMENT.- The Inspector may, having regard to the nature of
the hazards involved in work and process being carried out, order the occupier or
the manager in writing to supply to the workers exposed to particular hazard any
personal protective equipment as may be found necessary.
(1) All heaters shall be of such construction that coils are removable for periodic cleaning,
visual inspection and hydraulic test.
(2) Suitable arrangements shall be made for cooling the furnace effectively in case of power
failure.
(4) Velocity of flow of the thermic fluid shall not be allowed to fall below the minimum
recommended by the manufacturers while the heater is in operation.
(5) The thermic fluid shall be circulated in a closed circuit formation with an expansion cum
deaerator tank. This tank shall be located outside the shed where the heater is installed.
(6) Every heater shall be provided with a Photo-resistor actuated audio-visual alarm to
indicate flame failure and automatic burner cut off.
(7) The stack temperature monitor-cum-controller with audio- visual alarm shall be provided
so as to warn the operator in case the outlet temperature exceeds the specified minimum.
(8) Where inspection doors are provided on the furnace they shall be interlocked with the
burner itself so that they cannot be opened until burner is shut off and furnace is cooled
sufficiently.
(9) All heaters shall also be provided with the following safety devices:-
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Atomic Energy Factory Rules, 1996
Rules 59-60
(c) differential pressure switch on the outlet line of the heater tubes; and
(d) temperature control device for the fuel oil supply to the burner.
(10) All evices mentioned in sub-rule (9)shall have interlocking arrangement with burner so
that in case of any predetermined limits being crossed the supply of fuel and air to burner
shall automatically be cut-off.
(11) All safety interlocks when operated shall be indicated on the control panel of the heater
by a suitable audio visual alarm.
(12) Every heater unit shall be provided as a standard accessory an arrangement for sniffing
with low pressure steam or nitrogen for putting out the fire.
(13) Electric panel for the heater shall be located near the heater but not so close as to be
exposed to spilling or leaking oil.
(14) The heater shall be located in a place segregated from other manufacturing activities.
(15) Explosion vent shall be so installed that release takes place at safe location.
(16) The heater oil shall be subjected to pressure test by competent person once at least in
every 12 months. The test pressure shall not be less than twice the operating pressure.
(17) If repairs are carried out to the coil, it shall be tested before taking it into use.
(18) The thermic fluid shall conform to the specifications prescribed by the manufacturer and
shall be tested by competent person for suitability at least once in every three months
period. Such tests shall include test for acidity, suspended matter, ash contents, viscosity
and flash point.
(19) Cleaning of the internal surface of the heater or soot and check up of refractory surface on
the inside shall be carried out every month or as often as required depending upon
working conditions. The coils shall be removed and surface of the coils cleaned
thoroughly once at least in a period of six months. The burner, nozzles, oil filters and
pumps shall be cleaned once a week during the period of use.
(a) weekly checks carried out confirming the effectiveness of the interlock;
(b) weekly checks confirming that all accessories are in good state of repairs; and
(c) information regarding fuel oil temperature, pressure, thermic fluid inlet/outlet
pressure and temperature, fuel gas temperature, recorded at 4 hourly interval.
(21) The heater when in operation shall always be kept in charge of a trained operator.
60. RECORD KEEPING & ANNUAL REVIEW.-Each factory shall maintain a record of
field equipment failures and Failure Mode, Effect & Criticality Analysis in prescribed
Forms 7 & 8 respectively. This data and analysis shall be used for preparation of
preventive maintenance schedules and prevention of potential hazards. In addition, the
factory shall conduct an annual review of unusual occurrences and accidents occurred and
submit the report to the Competent Authority.
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Atomic Energy Factory Rules, 1996
Rules 61-62
(1) Pipelines for water, air, oil and gases shall be colour coded as per Indian Standard:
2379-1963 & Indian Standard: 5-1978.
(2) Electrical conduit panels shall be colour coded as per Indian Standard: 375-1951
& Indian Standard: 5-1978.
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Atomic Energy Factory Rules, 1996
Rule 63
CHAPTER V
WELFARE
(1) There shall be provided and maintained, in every factory for the use of employed persons
adequate and suitable facilities for washing which shall include soap and nail brushes or
other suitable means of cleaning and the facilities shall be conveniently accessible and
shall be kept in a clean and orderly condition.
(2) Without prejudice to the generality of the foregoing provisions, the washing facilities
shall include-
(a) a trough with taps or jets at intervals of not less than 60 cm.; or
Provided that the Inspector may having regard to the needs and habits of the workers, fix the
proportion in which the aforementioned types of facilities shall be installed.
(3) (a) Every trough and basin shall have a smooth, impervious surface and shall be fitted with a
waste-pipe and plug.
(b) The floor or ground under and in the immediate vicinity of every trough, tap, jet, wash-
basin, stand-pipe, and shower shall be so laid or finished as to provide a smooth
impervious surface and shall be adequately drained.
(4) For persons whose work involves contact with any injurious or noxious substance there
shall be at least one tap for every fifteen persons, and for persons whose work does not
involve such contact the number of taps shall be as prescribed in the Schedule given
below.
SCHEDULE
---------------------------------------------------------------------------------------------------------------------------------------------
(1) (2)
------------------------------------------------------------------------------------------------------------------------------------------
Up to 20 1
21 to 35 2
36 to 50 3
51 to 150 4
151 to 200 5
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Atomic Energy Factory Rules, 1996
Rules 63-65
-----------------------------------------------------------------------------------------------------------
(1) (2)
----------------------------------------------------------------------------------------------------------
Exceeding 200 but not exceeding 500 5 plus one tap for every 50 or fraction
of 50
(5) If female workers are employed, separate washing facilities shall be provided and so
enclosed or screened that the interiors are not visible from any place where persons of
other sex work or pass. The entrance to such facilities shall bear conspicuous notice "For
Women Only" in the language understood by the majority of the workers and shall also be
indicated pictorially.
(6) The water supply to the washing facilities shall be capable of yielding at least 27 litres a
day for each person employed in the factory and shall be from a source approved in
writing by the Medical Officer if the source of supply is not the same as for drinking
water:
Provided that where the Competent Authority is satisfied that such an yield is not
practicable he may by certificate in writing permit the supply of a smaller quantity not
being less than 5 litres per day for every person employed in the factory.
64. FACILITIES FOR KEEPING CLOTHING.- All classes of factories mentioned in the
Schedule to this rule shall provide facilities for keeping clothing not worn during working
hours. Such facilities shall include the provision of arrangements approved by the
Competent Authority. The Competent Authority shall have powers to add other factories
under the Schedule given below:-
----------------------------------------------------------------------------------------------------------------------------
SCHEDULE
Chemical works.
Engineering workshops.
Glass works.
Automobile workshops.
Power Plants.
-------------------------------------------------------------------------------------------------------------------------
be distinctively marked with a red cross on white background and shall contain the
(1) The manager of the factory shall lay down procedures for First-Aid and medical services
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Atomic Energy Factory Rules, 1996
Rules -65
so that injured or ill person receives prompt attention or aid. The person here means, a
worker of the factory, contractor's labour or even a visitor.
(2) For factories in which the number of persons employed does not exceed ten, or in the case
of factories in which mechanical power is not used & the number of persons does not exceed fifty each
first-aid box or cupboard shall contain the following equipments, namely:-
(e) One (60 ml) bottle of centrimide solution (1%) or a suitable antiseptic solution.
(f) One (60 ml) bottle of mercury chrome solution (2%) in water.
(g) One (30 ml) bottle containing sal-volatile having the dose and mode of
administration indicated on the label.
(k) A bottle containing 100 tablets (each of 325 mg) of aspirin or any other analgesic.
(l) Polythene wash bottle (1/2 litre, i.e. 500 cc) for washing eyes.
(3) For factories in which mechanical power is used and in which the number of persons
employed exceeds ten but does not exceed fifty, each first-aid box or cupboard shall
contain the following equipments, namely:-
(a) Double of the quantity as indicated in respect of items (a) to (g) of sub-rule (2)
above.
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Atomic Energy Factory Rules, 1996
Rule 65
(i) A bottle containing 100 tablets (each of 325 mg) of aspirin or any other analgesic.
(j) One polythene wash bottle (1/2 litre i.e., 500 cc) for washing eyes.
(m) One copy of the first-aid leaflet issued by the Competent Authority.
(4) For factories employing more than fifty persons, each First-Aid box or cupboard shall
contain the following equipments, namely:-
(a) Double of the quantity as indicated in respect of items (a) to (e) of sub-rule (2)
above.
(b) One (200 ml) bottle of centrimide solution(1%) or a suitable antiseptic solution.
(c) One (200 ml) bottle of mercury chrome (2%) solution in water
(d) One (120 ml) bottle of sal-volatile having the dose and mode of administration
indicated on the label.
(i) A bottle containing 100 tablets (each of 325 mg) of aspirin or any other analgesic.
(j) One polythene wash bottle (500 cc) for washing eyes.
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Atomic Energy Factory Rules, 1996
Rule 65 -66
Provided that items (j) to (q) inclusive, need not be included in the standard first-aid box or
cupboard where there is a properly equipped ambulance room, or if at least one box
containing such items placed and maintained in accordance with the requirements of
section 45 is separately provided:
Provided further that the medical officer of the factory may alter the type and quantity of
the contents at his discretion. The list of contents shall, however, be pasted inside the first
aid box.
(5) In lieu of the dressings required under items (a) and (b), these may be substituted by
adhesive wound dressings approved by the Competent Authority and other equipment or
medicines that may be considered essential and recommended by the Competent
Authority from time to time.
66. NOTICE REGARDING FIRST-AID.- A notice containing the names of the persons
working within the precincts of the factory who are trained in first-aid treatment and who
are in charge of the first-aid boxes or cupboards shall be posted in every factory at a
conspicuous place and near each such box or cupboard. The notice shall also indicate
workroom where the said person shall be available. The name of the nearest hospital and
its telephone number shall also be mentioned prominently in the said notice.
Provided that where a factory works in more than one shift, the Competent Authority, if it is
satisfied that on account of the size of the factory, nature of hazards or frequency of
accidents, it is necessary to employ a whole time medical officer for each shift separately,
may, order so in writing.
(2) There shall be displayed in the ambulance room a notice giving the name, address and
telephone number of the medical practitioner in charge. The name of the nearest hospital
and its telephone number shall also be mentioned prominently in the said notice.
(3) No medical officer shall be required or permitted to do any work which is inconsistent
with or detrimental to his responsibilities under this rule.
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Atomic Energy Factory Rules, 1996
Rule 67
(4) The ambulance room shall be separate from the rest of the factory and shall be used only
for the purpose of first-aid treatment and rest. It shall have a floor area of at least 24 sq.m.
and smooth, hard and impervious walls and floors, and shall be adequately ventilated and
lighted by both natural and artificial means. There shall be attached to it at least one
latrine & urinal of sanitary type. An adequate supply of wholesome drinking water shall
be laid on and the room shall contain at least the following, namely:-
(a) A glazed sink with hot and cold water always available.
(d) A couch.
(h) A kettle and spirit stove or other suitable means of boiling water.
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Atomic Energy Factory Rules, 1996
Rule 67
(dd) Four first-aid boxes or cupboards stocked to standards prescribed under(c)of rule
59.
(5) The occupier of every factory to which these rules apply shall for the purpose of
removing serious cases of accidents or sickness, provide in the premises and maintain in
good condition a suitable conveyance unless he has made arrangements for obtaining
such a conveyance from a hospital.
(6) The Competent Authority may, by an order in writing exempt any factory from the
requirements of this rule, subject to such conditions as it may specify in that order, if a
hospital, ambulance room or dispensary is maintained at or within 200 m. of the precincts
of the factory and such arrangements are made as to ensure the immediate treatment of all
injuries sustained by workers within the factory and for providing rest to the workers so
injured.
Explanation:- For the purpose of this rule, "qualified medical practitioner" means a
person holding a qualification granted by an authority specified in the schedule to the
Indian Medical Degrees Act, 1916 (7 of 1916), or in the schedules to the Indian Medical
Council Act, 1956 (102 of 1956).
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Atomic Energy Factory Rules, 1996
Rules -68
68. CANTEENS.-
(1) The occupier of every factory where in more than two hundred and fifty workers are
ordinarily employed shall provide in or near factory an adequate canteen according to
standard prescribed in these rules.
(2) The canteen building shall be situated not less than 15 meters from any boiler house, coal
stacks, ash dumps and any other source of dust, smoke or obnoxious fumes:
Provided that the Competent Authority may in any particular factory relax the provisions of
this sub-rule to such an extent as may be reasonable in the circumstances and may
require measures to be adopted to secure the essential purpose of this sub-rule.
(3) The canteen building shall be constructed in accordance with the plans and shall
accommodate at least a dining hall, kitchen, store room, pantry and washing places
separately for workers and for utensils.
(4) In a canteen the floor and inside walls up to a height of 1.2 metres from the floor shall be
made of smooth and impervious material; the remaining portion of the inside walls shall
be made smooth by cement plaster or in any other manner.
(5) The doors and windows of a canteen building shall be of flyproof construction and shall
allow adequate ventilation.
(6) The canteen shall be sufficiently lighted at all times when any persons have access to it.
(i) all inside walls of rooms and all ceilings and passages and staircases shall
be limewashed or colourwashed at least once in each year or painted once in
three years dating from the period when last limewashed, colourwashed or
painted, as the case may be;
(ii) all wood work shall be varnished or painted once in three years dating
from the period when last varnished or painted; and
(iii) all internal structural iron or steel work shall be varnished or painted once
in three years dating from the period when last varnished or painted:
Provided that inside walls of the kitchen shall be limewashed once every four
months.
(8) The precincts of the canteen shall be maintained in a clean and sanitary condition. Waste
water shall be carried away in suitable covered drains and shall not be allowed to
accumulate so as to cause a nuisance. Suitable arrangements shall be made for the
collection and disposal of garbage.
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Atomic Energy Factory Rules, 1996
Rules 69-71
(1) The dining hall shall accommodate at a time at least 30 per cent of the workers working at
a time and shall be provided with adequate numbers of tables and chairs or benches:
Provided that, in any particular factory or in any particular class of factories, the
Competent Authority may by a notification in this behalf alter the percentage of workers to
be accommodated.
(2) The floor area of the dining hall, excluding the area occupied by the service counter and
any furniture except tables and chairs, shall be not less than 1 sq.m per diner to be
accommodated as prescribed in sub-rule (1).
(3) A portion of the dining hall and service counter shall be partitioned off and reserved for
women workers in proportion to their number. Washing places for women shall be
separate and screened to secure privacy.
70. EQUIPMENT.-
(1) There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture
and any other equipment necessary for the efficient running of the canteen. Suitable clean
clothes for the employees serving in the canteen shall also be provided and maintained.
(2) The furniture, utensils and other equipment shall be maintained in a clean and hygienic
condition. A service counter, if provided, shall have a top of smooth and impervious
material. Suitable facilities including an adequate supply of hot water shall be provided
for the cleaning of utensils and equipment.
(1) Annual medical examination for fitness of each member of the canteen staff who handles
foodstuffs shall be carried out by the factory medical officer or the Certifying Surgeon,
which should include the following, namely:-
(b) routine and bacteriological testing, of faeces and urine for germs of dysentery and
typhoid fever; and
(c) any other examination including chest X-ray that may be considered necessary by
the factory medical officer or the Certifying Surgeon.
(2) Any person who in the opinion of the factory medical officer or the certifying surgeon is
unsuitable for employment on account of possible risk to the health of others, shall not be
employed as canteen staff.
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Atomic Energy Factory Rules, 1996
Rule 72
(1) The shelters, or rest rooms and lunch rooms shall conform to the following standards,
namely:-
(a) the building shall be soundly constructed and all the walls and roof shall be of
suitable heat resisting materials and shall be water-proof. The floor and walls to a
height of 90 cm. shall be so laid or finished as to provide a smooth, hard
impervious surface;
(b) the height of every room in the building shall be not less than 3.70 m from floor
level to the lowest part of the roof and there shall be at least 1.10 sq.m of floor
area for every person employed:
Provided that (i) workers who habitually go home for their meals during the rest
periods may be excluded in calculating the number of workers to be
accommodated, and (ii) in the case of factories in existence at the date of
commencement of the Act, where it is impracticable owing to lack of space to
provide 1.10 sq.m. of floor area for each person, such reduced floor area per
person shall be provided as may be approved in writing by the Competent
Authority;
(c) effective and suitable provision shall be made in every room for securing and
maintaining adequate ventilation by the circulation of fresh air and there shall also
be provided and maintained sufficient and suitable natural or artificial lighting;
(d) every room shall be adequately furnished with chairs or benches with back-rest;
and
(e) sweepers shall be employed whose primary duty it is to keep the rooms, building
and precincts thereof in a clean and tidy condition.
(f) suitable provision shall be made in every room for supply of drinking water and
facilities for washing.
(a) comply with the requirements laid down in clauses (a) to (f) of sub-rule (1), and
(b) be provided with adequate number of tables with impervious tops for the use of
workers for taking food:
Provided that the Competent Authority may exempt any factory from the
provisions of this rule subject to the provisions being complied by some other
means.
63
Atomic Energy Factory Rules, 1996
Rules 73-74
73. CRECHES.-
(1) The creche shall be conveniently accessible to the mothers of the children accommodated
therein and so far as is reasonably practicable it shall not be situated in close proximity to
any part of the factory where obnoxious fumes, dust or odours are given off or in which
excessively noisy processes are carried on.
(2) The building in which the creche is situated shall be soundly constructed and all the walls
and roof shall be of suitable heat resisting materials and shall be water-proof. The floor
and internal walls of the creche shall be so laid or finished as to provide a smooth
impervious surface.
(3) The height of the rooms in the building shall be not less than 3.70 m from the floor to the
lowest part of the roof and there shall be not less than 2.00 sq.m of floor area for each
child to be accommodated.
(4) Effective and suitable provision shall be made in every part of the creche for securing and
maintaining adequate ventilation by the circulation of fresh air.
(5) The creche shall be adequately furnished and equipped and in particular there shall be one
suitable cot or cradle with the necessary bedding for each child (provided that for children
over two years of age it will be sufficient if suitable bedding is made available), at least
one chair or equivalent seating accommodation for the use of each mother while she is
feeding or attending to her child, and a sufficient supply of suitable toys for the older
children.
(6) A suitably fenced and shady open air playground shall be provided for the older children:
Provided that the Competent Authority may by order in writing exempt any factory from
compliance with this sub-rule if he is satisfied that there is not sufficient space available
for the provision of such a play-ground.
74. WASHROOM.-
(1) There shall be in or adjoining the creche a suitable washroom for the washing of the
children and their clothing. The washroom shall conform to the following standards,
namely:-
(a) the floor and internal walls of the room to a height of 90 cm. shall be so laid or
furnished as to provide a smooth impervious surface. The room shall be
adequately lighted and ventilated and the floor shall be effectively drained and
maintained in a clean and tidy condition;
(b) there shall be at least one basin or similar vessel for every four children
accommodated in a creche at any one time together with a supply of water
provided, if practicable, through taps from a source approved by the Health
Officer. Such source shall be capable of yielding for each child a supply of at least
23 litres of water a day; and
(c) an adequate supply of clean clothes, soap and clean towels shall be made available
for each child while it is in the creche.
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Atomic Energy Factory Rules, 1996
Rules 74-77
(b) there shall be at least one basin or similar vessel for every four children
accommodated in a creche at any one time together with a supply of water
provided, if practicable, through taps from a source approved by the Health
Officer. Such source shall be capable of yielding for each child a supply of at least
23 litres of water a day; and
(c) an adequate supply of clean clothes, soap and clean towels shall be made available
for each child while it is in the creche.
(2) Adjoining the washroom referred to in sub-rule (1), a latrine shall be provided for the sole
use of the children in the creche. The design of latrine and the scale of accommodation to
be provided shall either be approved by the Public Health authorities or, where there is no
such Public Health authority, by the Competent Authority.
75. SUPPLY OF MILK AND REFRESHMENT.-At least a quarter litre of clean pure milk
shall be available for each child on every day if accommodated in the creche and the
mother of such a child shall be allowed in the course of her daily work, four intervals of
at least 15 minutes to feed the child. For children above two years of age there shall be
provided in addition an adequate supply of wholesome refreshment.
76. CRECHE STAFF.- For each creche there shall be appointed a woman in-charge and an
adequate number of female attendants to help the woman in-charge. No woman in-charge
shall be appointed under this rule unless she possesses the qualifications prescribed for a
midwife or produces a certificate that she has undergone training for a period of not less
than 18 months in a hospital, maternity home or nursing home approved in this behalf by
the Competent Authority or produces a certificate that she has received training for a pre-
primary teacher in an institution approved by the State Government. The creche staff shall
be provided with suitable clean clothes for use while on duty in the creche.
(1) In factories where the number of married women or widows employed does not exceed
15 or where the factory works for less than 180 days in a calendar year, or where number of
children kept in the creche was less than 5 in the preceding year, the Competent
Authority may exempt such factories from the provisions of section 48 and the rules 73 to 76
made thereunder, if he is satisfied that alternate arrangements as stipulated under subrule (2)
are provided by the factory.
(2) (a) The alternate arrangements required in sub-rule (1) shall include a creche building
which has a minimum accommodation at the rate of 1.90 sq. m. per child and
constructed in accordance with the plans approved by the Competent Authority.
(i) a suitable washroom for washing of the children and their clothing;
(ii) adequate supply of soap and clean clothes and towels; and
(iii) adequate number of female attendants who are provided with suitable
clean clothes for use while on duty to look after the children in the creche.
(3) The exemption granted under sub-rule (1) may at any time be withdrawn by the
Competent Authority if it finds after such enquiry as he may deem fit, that the factory has
committed a breach of this rule.
65
Atomic Energy Factory Rules, 1996
Rules -78
(a) The occupier of every factory employing between five hundred(500) and two
thousand (2000) workers shall appoint at least one Welfare Officer, and where the
number of workers exceeds 2000, there shall be an additional Welfare Officer for
every additional 2000 workers or fraction thereof over 500. In a factory where
both men and women workers are employed, the number of women Welfare
Officers to be appointed shall be in proportion to the women workers employed
provided that where the number of women employed is more than 100 and the
total number of workers does not exceed 2500 an additional woman Welfare
Officer shall be appointed.
(b) Where there are more than one Welfare Officer appointed, one of them shall be
called the Chief Welfare Officer and the others Assistant Welfare Officers.
(2) Qualifications.- A person shall not be eligible for appointment as a Welfare Officer,
unless he -
(b) has obtained a degree or diploma in social science with specialization in industrial
relations from any institution recognised by the Government in this behalf; and
(c) has adequate knowledge of the language spoken by the majority of the workers in
the factory to which he is to be attached:
Provided that the Competent Authority, may by notification grant exemption from the
provisions of clause (b) in suitable cases till such time as qualified persons are
available:
Provided further that, in the case of a person who is acting as a Welfare Officer at the
commencement of these rules, the Competent Authority may, subject to such
conditions as it may specify, relax all or any of the aforesaid qualifications.
(a) The appointment of welfare officers shall be done as per the extant government
procedures.
(b) The appointment when made shall be notified by the occupier to the Competent
Authority or such authority as the Competent Authority may specify for the
purpose, giving full details of the qualifications, etc. of the officer appointed and
the conditions of his service.
(a) A Welfare Officer shall be given appropriate status corresponding to the status of
the other executive heads of the factory and he shall be started on a suitable scale
of pay equivalent to that of group B officer, the minimum of which shall not be
less than Rs.2000/- per month.
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Atomic Energy Factory Rules, 1996
Rules -78
(b) The conditions of service of a Welfare Officer shall be the same as of other
members of the staff of corresponding status in the factory.
(b) to bring to the notice of the factory management the grievances of workers,
individual as well as collective, with a view of securing their expeditious redress
and to act as a liaison officer between the management and labour;
(c) to study and understand the point of view of labour in order to help the factory
management to shape and formulate labour policies and to interpret these policies
to the workers in a language they can understand;
(d) to watch industrial relations with a view of using his influence in the event of a
dispute between the factory management and workers and to help to bring about a
settlement by persuasive effort;
(e) to advise on fulfillment by the management and the concerned departments of the
factory of obligations, statutory or otherwise, concerning regulation of working
hours, maternity benefit, medical care, compensation for injuries and sickness and
other welfare and social benefit measures;
(f) to advise and assist the management in the fulfillment of its obligations, statutory
or otherwise, concerning prevention of personal injuries and maintaining a safe
work environment, in such factories where a Safety Officer is not required to be
appointed under the enabling provisions under section 40 B;
(g) to promote relations between the concerned departments of the factory and
workers which will bring about productive efficiency as well as amelioration in
the working conditions and to help workers to adjust and adapt themselves to
these working environments;
(h) to encourage the formation of Works and Joint Production Committees, Co-
operative Societies and Welfare Committee, and to supervise their work;
(i) to encourage provision of amenities such as canteens, shelters for rest, creches,
adequate latrine facilities, drinking water, sickness and benevolent scheme
payments, pension and superannuation funds, gratuity payments, granting of loans
and legal advice to workers;
(j) to help the factory management in regulating the grant of leave with wages and
explain to the workers the provisions relating to leave with wages and other leave
privileges and to guide the workers in the matter of submission of application for
grant of leave for regulating authorised absence;
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Atomic Energy Factory Rules, 1996
Rules -78
(l) to advise the factory management on questions relating to training of new starters,
apprentices, workers on transfer and promotion, instructors and supervisors,
supervision and control of notice board and information bulletins to further
education of workers and to encourage their attendance at technical institutes; and
(m) to suggest measures which will serve to raise the standard of living of workers and
in general promote their well- being.
(6) Welfare Officers not to deal with disciplinary cases or appear on behalf of the
management against workers.- No Welfare Officer shall deal with any disciplinary cases
against workers or appear before a conciliation officer in a court or tribunal on behalf of
the factory management against a worker or workers.
(7) Powers of exemption.- The Competent Authority may, by notification exempt any factory
or class or description of factories from the operation of all or any of the provisions of
this chapter, subject to compliance with such alternative arrangements as may be
approved by such Competent Authority.
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Atomic Energy Factory Rules, 1996
SCHEDULE X
Cleaning or Smoothening, Roughening, etc., of Articles, by a Jet of Sand, Metal Shot, or Grit, or
other Abrasive Propelled by a Blast of Compressed Air or Steam:
(b) "blasting enclosure" means a chamber, barrel, cabinet or any other enclosure
designed for the performance of blasting therein;
(c) "blasting chamber" means a blasting enclosure in which any person may enter at
any time in connection with any work or otherwise; and
2. Prohibition of sand blasting.- Sand or any other substance containing free silica shall not
be introduced as an abrasive into any blasting apparatus and shall not be used for blasting:
Provided further that no woman shall be employed or permitted to work at any operation
of sand blasting.
(a) Blasting shall not be done except in a blasting enclosure and no work other than
blasting and any work immediately incidental thereto and clearing and repairing of
the enclosure including the plant and appliances situated therein, shall be
performed in a blasting enclosure. Every door, aperture and joint of blasting
enclosure, shall be kept closed and air-tight while blasting is being done therein.
(b) Blasting enclosure shall always be maintained in good condition and effective
measures shall be taken to prevent dust escaping from such enclosure, and from
apparatus connected therewith, into the air of any room.
(c) There shall be provided and maintained for and in connection with every blasting
enclosure, efficient apparatus for separating, so far as practicable, abrasive which
has been used for blasting and which is to be used again as an abrasive, from dust
or particles of other materials arising from blasting; and no such abrasive shall be
introduced into any blasting apparatus and used for blasting until it has been so
separated:
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Atomic Energy Factory Rules, 1996
Provided that this clause shall not apply, except in the case of blasting chambers, to
blasting enclosures constructed or installed before the coming into force of this
schedule, if the Competent Authority is of opinion that it is not reasonably
practicable to provide such separating apparatus.
(d) There shall be provided and maintained in connection with every blasting
enclosure efficient ventilating plant to extract, by exhaust draught effected by
mechanical means, dust produced in the enclosure. The dust extracted and
removed shall be disposed of by such method and in such manner that it shall not
escape into the air of any room; and every other filtering or settling device situated
in a room in which persons are employed, other than persons attending to such
bag or other filtering or settling device, shall be completely separated from the
general air of that room in an enclosure ventilated to the open air.
(e) The ventilating plant provided for the purpose of sub-paragraph (d) shall be kept
in continuous operation whenever the blasting enclosure is in use whether or not
blasting is actually taking place therein, and in the case of a blasting chamber, it
shall be in operation even when any person is inside the chamber for the purpose
of cleaning.
(b) Particulars of the result of every such inspection, examination or test shall
forthwith be entered in a register which shall be kept in Form 10 and shall be
available for inspection by any workman employed in or in connection with
blasting in the factory. Any defect found on any such inspection, examination or
test this paragraph applies shall be deemed for the purposes of this Paragraph to
have been constructed, reconstructed or converted for use as such after the making
of this Schedule if the construction, reconstruction or conversion thereof was
begun after the making of this Schedule.
(a) There shall be provided and maintained for the use of all persons who are
employed in a blasting chamber, whether in blasting or in any work connected
therewith or in cleaning such a chamber, protective helmets of a type approved by a
certificate of the Competent Authority; and every such person shall wear the
helmet provided for this use whilst he is in the chamber and shall not remove it
until he is outside the chamber.
(b) Each protective helmet shall carry a distinguishing mark indicating the person by
whom it is intended to be used and no person shall be allowed or required to wear
a helmet not carrying his mark or a helmet which has been worn by another person
and has not since been thoroughly disinfected.
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Atomic Energy Factory Rules, 1996
Rule 88(Sch.X)
(c) Each protective helmet when in use shall be supplied with clean and not
unreasonably cold air at a rate of not less than 170 litres per minute.
(d) Suitable gauntlets and overalls shall be provided for the use of all persons while
performing blasting or assisting at blasting, and every such person shall while so
engaged, wear the gauntlet and overall provided.
(a) Where any person is engaged upon cleaning of any blasting apparatus or blasting
enclosure or of any apparatus or ventilating plant connected therewith or the
surroundings thereof or upon any other work in connection with any blasting
apparatus or blasting enclosure or with any apparatus or ventilating plant
connected therewith so that he is exposed to the risk of inhaling dust which has
arisen from blasting, all practicable measures shall be taken to prevent such
inhalation.
(b) In connection with any cleaning operation referred to in paragraph 5, and with the
removal of dust from filtering or settling devices all practicable measures shall be
taken to dispose of the dust in such a manner that it does not enter the air of any
room. Vacuum cleaners shall be provided and used wherever practicable for such
cleaning operations.
8. Maintenance and cleaning of protective wear.- All helmets, gauntlets, overalls and other
protective devices or clothings provided and worn for the purposes of this schedule, shall
be kept in good condition and so far as is reasonably practicable shall be cleaned on every
weekday in which they are used. Where dust arising from the cleaning of such protective
clothing or devices is likely to be inhaled, all practicable measures shall be taken to
prevent such inhalation. Vacuum cleaners shall, wherever practicable, be used for
removing dust from such clothing and compressed air shall not be used for removing dust
from any clothing.
9. Maintenance of vacuum cleaning plant.- Vacuum cleaning plant used for the purpose of
this schedule shall be properly maintained.
(a) The occupier of every factory to which the Schedule applies, shall
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Atomic Energy Factory Rules, 1996
Rule 88(Sch.X)
(ii) provide to the said medical practitioner all the necessary facilities for the
purpose referred to in clause (i) above.
(b) The record of medical examinations and appropriate tests carried out by the said
medical practitioner shall be maintained in a separate register approved by the
Competent Authority which shall be kept readily available for inspection by the
Inspector.
(a) Every worker employed in any of the processes to which this schedule applies
shall be examined by a Certifying Surgeon within 15 days of his first employment.
Such examination shall include pulmonary function test and chest X-ray. No
worker shall be allowed to work after 15 days of his first employment in the
factory unless certified fit for such employment by the Certifying Surgeon.
(b) Every worker employed in the said processes shall be re-examined by a Certifying
Surgeon at least once in every 12 calendar months and such re-examination shall,
wherever the Certifying Surgeon considers appropriate, include pulmonary
function test and chest X-ray once in every three years.
(c) The Certifying Surgeon after examining a worker, shall issue a Certificate of
Fitness in Form 1 .The record of examination and re-examinations carried out
shall be entered in the Certificate and the Certificate shall be kept in the custody
of the manager of the factory. The record of each examination carried under sub-
paragraphs (a) and (b), including the nature and the results of the tests, shall also
be entered by the Certifying Surgeon in a health register in Form 1A.
(d) The Certificate of Fitness and the health register shall be kept readily available for
inspection by the Competent Authority.
(e) If at any time the Certifying Surgeon is of the opinion that a worker is no longer
fit for employment in the said processes on the ground that continuance therein
would involve special danger to the health of the worker, he shall make a record
of his findings in the said certificate and the health register. The entry of his
findings in those documents shall also include the period for which he considers
that the said person is unfit for work in the said processes. The person so
suspended from the process shall be provided with alternate placement facilities
unless he is fully incapacitated in the opinion of the Certifying Surgeon, in which
case the person affected shall be suitably rehabilitated.
(f) No person who has been found unfit to work in the said processes as said in sub-
paragraph (e) above shall be reemployed or permitted to work unless the
Certifying Surgeon, after further examination, again certifies him fit for
employment in those processes.
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Atomic Energy Factory Rules, 1996
(a) If the Competent Authority is satisfied that in any factory or any class of factories,
the use of sand or other substance containing free silica as an abrasive in blasting is
necessary for a particular manufacture or process (other than the process
incidental or supplemental to making of metal castings) and that the manufacture or
process cannot be carried on without the use of such abrasive or that owing to the
special conditions or special method of work or otherwise any requirement of this
schedule can be suspended either temporarily or permanently, or can be relaxed
without endangering the health of the persons employed or that application
of any of such requirements is for any reason impracticable or inappropriate,
it may, with the previous sanction of the Central Government, by an order in writing
exempt the said factory or class of factories from such provisions of this schedule,
to such an extent and subject to such conditions and for such period as may be
specified in the said order.
(b) Where an exemption has been granted under sub-paragraph (a), a copy of the
order shall be displayed at a notice board at a prominent place at the main
entrance or entrances to the factory and also at the place where the blasting is
carried on.
(1) Where any accident specified in sub-para (a) of para 1 of the Schedule to this rule or any
occurrences specified in para 2 of the said schedule takes place in a factory, the Manager
of the factory, in which the accident occurred, shall within four hours of the happening of
such accident or occurrence, send notice there of in Form 11 by telephone, telex, telegram
or special messenger to the inspector and the Competent Authority and when the accident
is fatal or it is of such a nature that it is likely to prove fatal, notice as aforesaid shall also
be sent to-
(2) The notice so given shall be confirmed by the Manager of the factory to the above
mentioned authorities within 12 hours of the accident/occurrence by sending a written
report in Form 12 and in case of electrical accidents in Form 13 to the Electrical
Inspector.
(3) When any accident of a minor nature specified in sub-para (b) of the said para 1 of the
schedule takes place in a factory, the Manager of the factory shall within 24 hours after
the expiry of the period specified in the said sub-para (b) , send notice thereof in the Form
11 to the medical officer; & the Competent Authority.
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Atomic Energy Factory Rules, 1996
Rule 89
(4) If, in case of an accident, the injured person subsequently dies due to such accident,
information of his death whenever known shall be sent by the Manager of the factory by
telephone, telex, telegram or special messenger within 24 hours of the occurrence to-
(i) Immediate loss of any part of the body or any limb or part there of;
(ii) Crushed or Serious injury to any part of the body due to which loss of the same is
obvious or any injury which is likely to prove fatal;
(iii) Unconsciousness;
(iv) Severe burns or scalds due to chemicals, steam or any other cause; and
(5) The Manager of the factory shall lay down the procedures for investigation of all
accidents and occupational illnesses reported as per Forms 12 and 14.
SCHEDULE
1. (a) Accidents which cause death to any person or are of a serious nature.
(b) Accidents which cause such bodily injury as prevents or will probably prevent the
person injured from working for a period of 48 hours or more immediately
following the accident.
2. The following classes of occurrences, whether or not they are attended by personal injury
or disablement:-
(a) Bursting of a vessel used for containing steam under pressure greater than
atmospheric pressure, other than plant which comes within the scope of the Indian
Boilers Act.
(b) Collapse or failure of a crane, derrick, winch, hoist or other appliances used in
raising or lowering persons or goods or any part thereof, or the overturning of a
crane.
(c) Explosion, fire, bursting out, leakage or escape of any molten metal, or hot liquor
or gas causing bodily injury to any person or damage to any room or place in
which persons are employed.
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Atomic Energy Factory Rules, 1996
Rules 89(Sch.)-102
(d) Explosion of a receiver or container used for the storage at a pressure greater than
atmospheric pressure of any gas or gases(including air) or a liquid or solid
resulting from the compression of gas.
(e) Collapse or subsidence of any floor, gallery, roof, bridge, tunnel, chimney, wall or
building, forming part of a factory or within the compound or curtilage of factory.
3. Leakage or release of effluents to the outside environment above those specified by the
Department of Environment and Air and Water Pollution Control Boards.
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Atomic Energy Factory Rules, 1996
Form - 1
3. Educational Qualifications:
4. Previous Experience :
Field of Experience :
*
Specify the condition & remedial measures.
76
Atomic Energy Factory Rules, 1996
(2)
.2. Machines
Competent Authority...
Name ……………...
Date: Reg.No. ..
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Atomic Energy Factory Rules, 1996
Form - 1A
S.No. Name Age Nature Date of If suspended from Date of Signature with
of job work period of resumption date of certifying
Yrs. Medica Employment in Learning or transfer suspension of duty surgeon
l Exam. present work to other work
N.B. Against column Nature of job please write the applicable number as given below:
(2) Working with-2.1 rotating machines; 2.2 lifting machines; 2.3 material handling equipment.
(3) Working with -3.1 electrical work-low & medium voltage; 3.2 electrical work-high voltage.
(4) At height.
Form - 3
.9. Brakes :
6. Repairs, renewals :
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Atomic Energy Factory Rules, 1996
(2)
9. Other particulars :
I/we certify that on (date) ... ............... .. I/we thoroughly examined this hoist or lift and that the
above is a correct report of the result.
Signature:
Date: Name :
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Atomic Energy Factory Rules, 1996
Form - 4
I/We certify that on ..... ...……...... I/We thoroughly examined the above mentioned lifting
machine/chain rope/lifting tackle and that the above is a correct report of the result.
Signature:
Date: Name:
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Atomic Energy Factory Rules, 1996
Form - 7
2. Item :
.1 Identification :
.2 Manufacturer :
.4 Date of manufacture :
.5 Date of modification/reconditioning :
4. Operating environment :
.1 Temperature Range :
.3 Nature of atmosphere :
A.C./Clean/Dusty/Corrosive/...
.4 Vibration level :
5. Mode of operation :
Continuous/Intermittent/Standby/...
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Atomic Energy Factory Rules, 1996
(2)
.1 Symptoms of failure :
.4 Failure cause :
.3 Adjustments made :
9. Total downtime :
Signature:
Date: Name :
Designation:
83
Form - 8
FAILURE MODE, EFFECT & CRITICALITY ANALYSIS
[FMECA]
System : ...
No. Part No. Part Failure Mode Detection Effect on System Remarks
Method Plant
Name Function No. Description
1 2 3 4 5 6 7
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Atomic Energy Factory Rules, 1996
Form - 11
Official :
Residential :
c) Designation : d) Pay:
Place: Name :
3. Inspector concerned.
4. Competent Authority.
85
Atomic Energy Factory Rules, 1996
Form -12
Address Official :
Residential :
c) Designation : d) Pay :
b) If caused by machinery :
: 2)
86
Atomic Energy Factory Rules, 1996
(2)
I certify that to the best of my knowledge and belief that the above particulars are correct in every
respect.
Place: Name :
Competent Authority.
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Atomic Energy Factory Rules, 1996
Form - 13
&
88
Atomic Energy Factory Rules, 1996
(2)
Time: Name:
2. Competent Authority.
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Atomic Energy Factory Rules, 1996
Form - 14
4. Patient. Name :
Address :
3. Designation: 4. Pay :
9. General particulars :
Manager, Signature:
Date: Name:
Competent Authority.
90
MODEL RULES FOR LABOUR WELFARE
MODEL RULES FOR LABOUR WELFARE
1. Definitions:
2. First Aid :
At large workplaces, where hospital facilities are not available within easy
distance of the works First Aid Posts shall be established and be run by
trained compounders.
Where large workplaces are remotely situated and far away from regular
hospitals, an indoor ward shall be provided with one bed for every 260
employees.
1
3. Accommodation for Labour :
The Contractor shall during the progress of the works provide, erect and
maintain necessary temporary living accommodation and ancillary
facilities for labour at his own expense and to standards and scales as
approved by the Engineer-in-Charge.
4. Drinking water :
A reliable pump shall be fitted to each covered well, the trap door shall be
kept locked and opened only for cleaning or inspection which shall be
done at least once a month.
No. of Seats
(a) Where number of persons does not exceed 50 2
(b) Where number of persons exceeds 50 but does not exceed 100 3
2
(c) For additional persons per 100 or part thereof 3
8. Construction of Latrines:
9. Disposal of Excreta :
The Contractor shall, at his own expense, carry out all instructions issued
to him by the Engineer-in-charge to effect proper disposal of soil and other
conservancy work in respect of Contractor`s work people or employees on
the Site. The Contractor shall be responsible for payment of any charges
3
which may be levied by municipal or cantonment authority for execution of
such work on his behalf.
At every work place there shall be provided free of cost, four suitable
sheds, two for meals and two others for rest, separately for use of men
and women Labour. Height of each shelter shall not be less than 3 meters
from floor level to lowest part of roof. Sheds shall be kept clean and the
space provided shall be on the basis of at least 0.5 sq.m. per head.
11. Crèches :
Huts shall provided with suitable and sufficient openings for light and
ventilation. There shall be adequate provision of sweepers to keep the
places clean. There shall be two dais in attendance. Sanitary utensils shall
be provided to the satisfaction of local medical health and municipal or
cantonment authorities. Use of huts shall be restricted to children their
attendance and mothers of children.
Where the number of women workers is more than 25 but less than 50,
the Contractor shall provide at least one hut and one dai to look after
children of women workers.
Size of creche (s) shall vary according to the number of women workers
employed.
12. Canteen :
4
13. Planning :
15. Enforcement :
17. Amendments :
Government may, from time to time add to or amend these Rules and
issue such directions as it may consider necessary for the proper
implementation of these Rules or for the purpose of removing any difficulty
which may arise in the administration thereof.
________________________________________________________________________
5
SECTION – C
EPC-04
TECHNICAL
SPECIFICATION
FOR 1700KWp GRID
CONNECTED GROUND
MOUNTED SOLAR PV
SYSTEM WITH
DOMESTIC CONTENT
REQUIREMENT
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NAME OF WORK
The proposed Solar Photo Voltaic plant shall be located at GHAVP site, Gorakhpur,
Haryana. Some of the particular of the site are:
i. Tentative Land details / layout of the proposed site and 11KV overhead line route
is attached as annexure-I.
ii. Daily average solar radiation on horizontal surface as per Met-lab data for each
month (kWhr/m2/day) for 12 months is attached as annexure-II.
iii. Summary of soil investigation report as annexure-III.
iv. Site survey drawing as annexure-IV.
v. Other details:
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3.) Inspection/visit of site:
The contractor or his representatives may examine the site and surroundings before
submission of the tender and they may attain the necessary knowledge regarding all
the risk / problem associated with the work which may influence or affect his work
and accordingly he can take this factors into consideration, while quoting. Our site can
be inspected with approval of competent authority between 10:00 Hrs. to 17:00Hrs.
Once the bid is placed, no extra claims or misunderstanding related to the nature of
site shall be entertained.
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4.1 Design & Engineering
The Design and Engineering shall include, but not be limited, to the following:
b. Submission of following drawings and documents for the approval and acceptance
of NPCIL:-
i. Submission of solar plant layout drawing (General arrangement, after
carrying out Shadow analysis) indicating modules, inverters, power
evacuation system, cleaning system pipeline etc. based on the work and
topography of the area.
ii. Single line diagram (SLD) of complete electrical system indicating
Power evacuation scheme, protection system, AC-DC cable
connection, inverter connections and PV panels.
iii. AC-DC Earthing and lightning protection drawing,
iv. Cable conduit layout drawing for AC and DC cables.
v. Datasheets for all electrical equipment like- PV modules, step-up
transformer, HT & LT switchgear, inverters, electrical panels and JBs,
weather monitoring and data logging system, area lights, AC/DC cables
etc.
vi. Area lighting layout.
vii. Earthing and lightning protection layout.
viii. Fencing Layout.
Note:- All design & drawings have to be developed based on specification given in
the tender, soil report, and relevant BIS unless otherwise specified. All details water
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supply for module cleaning and sewerage system should be clearly shown in the
drawings.
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vi. Backfilling of excavated soil.
vii. Cable conduiting work (PVC pipes with inspection holes).
viii. 11KV overhead line poles relocation and line laying.
ix. Establishment of water supply system for PV modules cleaning.
x. Completion of other works like area lighting, earthing and lightning protection
system.
Contractor shall prepare and submit necessary documents and procedures for
inspection of bought out items at site and major site activities (like civil, mechanical
and electrical), etc. Documents to be made available well in advance before material
procurement. Prior to dispatch of the major bought out items like solar PV module,
inverter, module mounting structure, switchgear panels, transformer, cables, their test
certificates as per relevant standard shall be submitted to the CLIENT/NPCIL
authorized representative for approval prior to dispatch
Contractor shall impart training at site to at least six personnel of purchaser for
erection, testing, commissioning & O&M of solar power plant.
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4.6 Clearances/permit/ liaisoning from statutory Authorities:
a. Documentation work like preparation DPR and Technical Support.
b. All statutory clearances for commissioning and operation of system are in the scope
of contractor.
c. Interconnection of SPV with the grid through existing net metering, application
(along with fees) submission to concerned DISCOM for grid connectivity shall be
arranged by the contractor.
d. All clearance/permission/license needed/required from statutory authorities like
CEA / PCB / MOEF / DHBVN / Nodal Agencies like CERC / MNRE / SECI /
IREDA or state/Central Governments agency for project set-up or regarding
synchronization of solar power to the grid with existing net metering system along
with payment of necessary fees, it shall be arranged by contractor.
e. All formalities and fees for application shall be done by contractor along with
subsequent follow up and coordination and getting clearances.
5.1 Technology:
In Solar Photo Voltaic Power Generation the direct conversion of solar radiation into
electricity is achieved by using semiconductor devices “solar cell” which works on the
principle of Photo electric effect.
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a. It is not the intent to specify herein all aspects of design and construction nevertheless,
the equipment and civil works shall conforming all aspects to high standard of
engineering, design and workmanship and shall be capable of performing in
continuous commercial operation in a manner acceptable to the NPCIL, who will
interpret the meaning of the specification and drawings and shall have a right to reject
or accept any work or material which in his assessment is not complete to meet the
requirements of this specification and/or applicable Indian / International standards
mentioned elsewhere in this specification.
b. Failure of any equipment to meet the specified requirements of tests carried out at
works or at site shall be sufficient cause for rejection of the equipment. Rejection of
any equipment will not be held as a valid reason for delay in completion of the works
as per schedule. Contractor shall be responsible for removing all deficiencies and
supplying the equipment that meet the requirement.
c. Solar system shall consist of following equipment/components.
i. Solar PV modules consisting of required number of poly-Crystalline PV cells,
ii. Grid interactive Power Conditioning Unit with Remote Monitoring System
iii. Mounting structures
iv. Junction Boxes.
v. Earthing and lightning protections.
vi. IR/UV protected XLPE Cables, PVC pipes and accessories,
vii. Sign boards.
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4. Minimum Earth Pit for DC should be as per relevant standard
System
6. Winter Angle for seasonal Atleast 15 Deg and shall have geared
Tilt based module mechanism with handle to operate, easy to
mounting structure: operate with locking arrangement.
i. The contractor shall provide the data sheet of technical specifications for
modules/panels for approval after PO placement.
ii. The manufacturer should warrant the Solar Module(s) to be free from the defects
and/or failures specified below for a period not less than Ten (10) years from the
date of sale. Defects and/or failures due to manufacturing. Defects and/or failures
due to materials, Non-conformity to specifications due to faulty manufacturing
and/or inspection processes.
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Efficiency >= 16.5%
This tender mandate use of both solar photovoltaic (SPV) Cells and modules
manufactured domestically as per specifications and testing requirements fixed by
MNRE. For the Projects to be implemented under this tender, both the solar cells and
modules used in the Solar Power Projects must be made in India. In case of crystalline
Silicon technology, all process steps and quality control measures involved in the
manufacture of the Solar Cells and Modules starting from wafers till final assembly of
the Solar Cells into Modules shall be performed at the works of PV manufacturers in
India.
As per MNRE clarification, following shall be applicable for this tender:
a. A solar PV cell shall be considered to be domestically manufactured only if the
same has been manufactured in India, using undiffused silicon wafer (generally
called 'Black Wafer'), classifiable under Customs Tariff Head 3818 and all steps /
processes required for manufacturing solar PV cell from the undiffused silicon
wafer have been carried out in India.
b. If diffused silicon wafer (generally called 'Blue Wafer') is imported and the same is
used as raw material for the manufacture of solar PV cells in India, such solar PV
cells shall not qualify as domestically manufactured solar PV cells, for the purpose
of MNRE's Schemes / Programmes mandating use of domestically manufactured
solar PV Cells.
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S. Parameters Details
No.
1. Material Thermo-plastic or metallic
2. Ingress protection IP 65 or higher
3. Suitable for Outdoor Dust, vermin free, waterproof, and UV resistive
use
4. Terminals blocks Suitable rating and arrangement to connect the
strings.
5. Cable entry point Fitted with cable glands of appropriate sizes for
both incoming and outgoing cables.
6. Identification and Suitable markings shall be provided for easy
marking identification and cable ferrules will be fitted at the
cable termination points for identification.
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Sinusoidal current modulation with excellent
dynamic response.
7. Corrosion Nuts & bolts and the PCU enclosure shall have
to be adequately protected taking into
consideration the atmosphere and weather
prevailing in the area.
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10. Modes a. Stand-by mode: The control system
shall continuously monitor the output of
the solar power plant until pre-set value
is exceeded & that value to be indicated.
The power conditioner must also
automatically re-enter standby mode
when threshold of standby mode
reached.
b. Basic system operation (full auto mode):
The system shall automatically ‘wake
up’ in the morning and begin to export
power provided there is sufficient solar
energy and the grid voltage and
frequency is in range.
c. Maximum power point tracker mode
(MPPT): MPPT control algorithm shall
adjust the voltage of the SPV array to
optimise solar energy fed into the grid.
d. Sleep mode: Automatic ‘sleep’ mode
shall be provided so that unnecessary
losses are minimized at night.
11. Maximum Power Tracking 2 or more
12. Protections Internal protection arrangement against
any sustained fault in the feeder line and
against lightning in the feeder line like
AC high/ low voltage, high/ low
frequency, Over temp., DC bus over
voltage etc.
Power regulation in the event of thermal
overloading
Set point pre-selection for VAR control
Ground fault detector.
Over voltage protection against
atmospheric lightning discharge to the
PV array is required.
Anti-Islanding protection.
13. Data logging and Integrated Data logging.
communication Dedicated Ethernet for networking
Remote monitoring.
14. DC isolator Required
15. Internal surge protection Needed with in-built bypass DC fuse
16. Operation temperature (-)1◦ C to + 50◦ C;
range
17. Ingress Protection rating IP65 or better, (Suitable for Outdoor
mounting)
18. Noise emission Less than or equals to 70db
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5.5 Module mounting structure (MMS):
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5.6 Weather and String Monitoring and data logging System
Online monitoring system for whole solar power plant parameters for 5years to be
provided.
i. Data Logging Provision for plant monitoring, time and date stamped system data logs
for analysis with the high quality, metering and Instrumentation for display of systems
parameters and status indication to be provided.
ii. Monitoring and record of all data of electrical parameters of inverters, Strings, and
Grid supply. It shall monitor and record the data for module temperature, ambient
temperature, solar irradiance and or any parameter needed for plant monitoring also.
iii. Real time data with 10 min. intervals, report and fault analysis, alarms and events
trends, periodic mail communications, plant generation historical data record and
analysis.
iv. Solar Irradiance: An integrating Pyrometer / Solar cell based irradiation sensor
(along with calibration certificate) provided, with the sensor mounted in the plane of
the array. Readout integrated with data logging system.
v. Temperature: Temperature probes for recording the Solar panel temperature and
ambient temperature to be provided complete with readouts integrated with the data
logging system
vi. The following parameters are accessible via the operating interface display in real time
separately for solar power plant:
a) AC Voltage.
b) AC Output current.
c) Output Power
d) Power factor.
e) DC Input Voltage.
f) DC Input Current.
g) Time Active.
h) Time disabled.
i) Time Idle.
j) Power produced
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k) Protective function limits (Viz-AC Over voltage, AC Under voltage, over
frequency, under frequency ground fault, PV starting voltage, PV stopping
voltage).
vii. The data shall be recorded in a common work sheet chronologically date wise. The
data file shall be MS Excel compatible. The data shall be represented in both tabular
and graphical form.
viii. All instantaneous data shall be shown on the computer screen.
ix. Provision for Internet monitoring and download of data shall be also incorporated.
Supply and installation of Metering Panel along with control cable. Contractor needs
to provide GS Earth flat suitable to carry system fault current.
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Operating Auto/manual Motorized charging & closing.
mechanism Shall have provision for Auto/manual spring
charging also.
The equipment listed below shall form scope of supply under this subsection. The
equipment shall be furnished in strict accordance with the same.
i. 11 kV, 3-pole, off Load Break, outdoor type gang operated air break switch, as per
IS: 9920 / 1985-1nos.
ii. 9 kV, 10 KA, Single pole lighting arrestor with insulating base-3nos.
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iii. Insulators:
a. 11kV Grade Pin type Insulators
b. 11 kV Grade Disc type Insulators
iv. 11KV, XLPE, HT cable of suitable size.
v. 11kV Grade Cable termination Kit
vi. 11Mtrs PSCC poles – Existing poles to be shifted by contractor as per site
requirement.
vii. Structural Steel and accessories- as per requirement. Structural steel,
ISMB/ISMC/ISA for bracing, Cross arms. Misc supports, safety enclosure, posts
for tying barbed wire for poles as per requirement.
viii. Guys wire, Tension arrangement, Insulators, Foundation for stay as per
requirement.
ix. Barbed wire, on pole to pole transition near transformer area etc.
The equipment shall be furnished complete in all respect with fittings and
accessories including bimetallic terminal connectors, base frame, hardware etc.
i. Existing 11KV overhead line having around 7 poles is passing through the area
allocated for 1700KWp solar power plant which needs to be shifted from the
existing location to a location & re-route, aprox. 150m from the solar plant
boundary and approved by NPCIL.
ii. Contractor has to develop a layout plan for the same, and get it approved by
NPCIL’s authorised personnel.
iii. Material, construction and erection of the poles should be same as the existing
ones.
iv. All the tools-tackles and man-power needed has to be arranged by the contractor
himself.
v. Contractor has to take all the necessary permits for the work and the work needs
to be completed in the supervision of NPCIL personnel.
i. One no. of 3-phase LT-CT meter (class 0.2S accuracy) with inbuilt CTs (0.2
accuracy) with LT-CT meter cub-board shall be provided for the outgoing feeder.
Outdoor arrangement for installation of meter in the scope of contractor.
ii. Shall carry out measurement of active energy and reactive energy by 3-phase, 4 wire
principle suitable for balanced/ unbalanced 3 phase load as applicable.
iii. The meter should be connected on the LV side of the transformer.
iv. All Liasoning with DHBVN for meter application submission and payment of
charges (if any) shall be under this contract.
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5.12 Cables and Accessories:
i. AC LT cable:
a. All LT power and control cables shall be flame retardant low smoke type.
b. Power cables shall be with multi stranded aluminium conductor for above
25 sq. mm and copper for below.
c. All control cables shall be XLPE insulated, (ST-2) PVC inner sheathed,
armoured & FRLS (C2 category type FRLS) (ST-2) PVC outer sheathed.
Copper conductor (multi strand) shall be used for sizes up to and including
6 sq. mm. All control cable shall be with the same specification with copper
conductor and size of the control cable should not be less than 1.5 sq mm.
All LT power and control cable should be suitable for voltage level 1.1 KV.
ii. HT cable:
All HT power cable shall be flame retardant low smoke type. XLPE insulated, FRLS
PVC inner sheathed, armoured & outer sheath FRLS PVC properties as per relevant
Indian standard. The HT cable should be suitable 11KV rating.
a. While sizing of cables suitable derating should be considered. The
voltage drop should not be more than specified limit as per standards.
b. The cables shall be suitably colour coded for the required services.
c. Only terminal cable joints shall be accepted. No cable joint to join two
cable ends shall be accepted.
d. The cable ends shall be terminated with adequate size metallic double
compression cable glands. Cable glands shall be of robust construction
capable of clamping cable and cable armour (for armoured cables)
firmly without injury to insulation. Where cables are raising from
ground, suitable PVC pipe guarding shall be provided for cable raising
with sealing of the guarding PVC pipe including a suitable clamp.
e. The minimum depth from finished earth to be 900 mm (HT cable) and
750mm (LT power and control cable) for underground cabling in the
out-door area. Proper brick boxing and send cushioning to be done.
The cable route marker also to be provided at proper interval.
f. No HT cable should be mixed with LT cable in the underground
cabling work.
iii. DC cable:
a. Solar cables as applicable as per relevant international standards shall be
used for solar PV system.
b. PVC conduit shall be used for laying DC cables.
c. The minimum depth from finished earth shall be 500mm for routing cables.
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5.13 Lighting fixtures and receptacles:
Adequate Array Yard lighting including erection of poles, fixtures & cables as per IS
standards, keeping the general security in the mind using auxiliary power supply at
location. Array yard lighting theoretical design, calculations and detailed explanations
along with drawing shall be provided and approved by purchaser. The contractor has
to provide single phase (10 / 20 A) industrial type IP 65 metallic receptacles. At least
4 nos for making the arrangement of power for portable flood light and portable
maintenance equipment. In addition, 2 no. of three phase receptacles (32A) should be
suitably provided in complete solar plant.
The SPV arrays, transformer, switchgear panels, inverters, module mounting structure
, fencing etc. shall be earthed as required as per provisions of latest IS. The intent of
this specification is to define the requirements for the supply wherever applicable,
installation, testing and commissioning of the earthing System.
a. Earthing network:-
i. AC and DC earthing shall be separated from each other.
ii. The earthing installation shall be done in accordance with the earthing drawings,
specifications and the standard drawings of reference. The entire earthing system
shall fully comply with the Indian Electricity Act and Rules framed there under.
The contractor shall carryout any changes desired by the Electrical Inspector or the
owner, in order to make the installation conform to the Indian Electricity Rules at
no extra cost.
iii. The exact location of earth conductors, earth electrodes and earthing points on the
equipment shall be determined in field, in consultation with the Engineer-in-charge
or his authorized representative. Any changes in the methods, routing, size etc.
Owner/Engineer-in-charge approval shall be obtained before execution.
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iv. Excavation and refilling of earth, necessary for laying underground earth loops shall
be the responsibility of the contractor.
v. Joints and tapping in the main earth loop shall be made in such a way that reliable
and good electrical connections are permanently ensured. All joints below grade
shall be welded and suitably protected by giving two coats of bitumen/paint. All
joints above ground shall be made by means of connectors/lugs as far as practicable.
Suitable lightning for whole solar power plant shall be provided as per the relevant
standard of IS. The lightning conductors shall be made as per Indian Standards in order
to protect the entire array yard from lightning stroke. The lightning conductor shall be
earthed through flats and connected to the as per applicable Indian Standards with earth
pits.
Each lightning conductor shall be fitted with individual earth pit as per required
standards including accessories, and providing masonry enclosure with cast iron cover
plate as required as per provisions of IS. Separate earthing to be provided for lightning
arrestors.
The work shall be executed according to the specification and good standard of
practice necessary to fulfil the objective of the work strictly in accordance with the
instruction and satisfaction of the EIC.
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The work at site shall be carried out under the full time supervision by a qualified
senior supervisor as specified. The contractor shall be responsible for the proper
execution of the work as per the specification, drawings or as directed by the EIC from
time to time.
i.Inspection of foundations.
ii.Verification of cable routes.
iii.Witnessing of delivery of supply material like solar modules, transformers and
PCUs.
iv.Inspection of module, transformer, and inverter installation.
v.Shifting of 11KV existing overhead line
vi.Witnessing of site acceptance tests.
vii.Witnessing of completion tests.
viii.Monitoring and expediting defects.
Site shall be levelled and properly compacted after clearing of the vegetation.
6.3 Fencing:
i. The complete boundary of solar power plant area shall be properly barricaded with GI
chain link fencing.
ii. The mesh size of the chain link shall be 50x50 sqmm of 1.5m height (with overall
height of fencing above ground level as more than or equal to 1.8m), made up of GI
wire with inner dia as 4mm, and PVC coated outer dia as more or equal to 5mm.
iii. The fencing shall be supported at regular interval of 3m or less, by MS angle posts
with necessary strutting supports of MS and bottom MS plate of dimensions not less
than 50x50x6 cubic mm.
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iv. The whole arrangement shall be standing on 650x100sqmm PCC foundation, followed
by brick work running sections of 600x450sqmm and 500x350 sqmm, before ground
and after ground respectively.
v. Slots of size 350x350x500 cubic mm shall be made for RCC foundation at the location
of each MS posts installation.
vi. MS posts shall be pre-fabricated and welded to MS plate at bottom, before reaching
site.
vii. The MS plate shall be embedded in RCC upto a depth of 300mm.
viii. Necessary extra supports shall be installed in the corners or wherever it is needed, or
as suited to site
i. Each main and auxiliary item of plant including instruments shall have permanently
attached to it in a conspicuous position, a rating plate of non-corrosive material upon
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which shall be engraved manufacturer’s name, equipment, type or serial number
together with details of the ratings, service conditions under which the item of plant in
question has been designed to operate, and such diagram plates as may be required by
the Purchaser.
ii. Such nameplates or labels shall be of white non-hygroscopic material with engraved
black lettering or alternately, in the case of indoor circuit breakers, starters, etc. of
transparent plastic material with suitably coloured lettering engraved on the back. The
name plates shall be suitably fixed on both front and rear sides.
iii. Nameplates shall be as per best practices of the industry
iv. All segregated phases of conductors or bus ducts, indoor or outdoor, shall be provided
with coloured phase plates to clearly identify the phase of the system.
The Contractor shall supply with the equipment one complete set of all special tools
and tackles and other instruments required for the erection, assembly, disassembly and
proper maintenance of the plant and equipment and systems (including software).
These special tools will also include special material handling equipment, jigs and
fixtures for maintenance and calibration / readjustment, checking and measurement
aids etc.
The price of each tool / tackle shall be deemed to have been included in the total bid
quote price. These tools and tackles shall be separately packed and sent to site.
The Contractor shall also ensure that these tools and tackles are not used by him during
erection, commissioning and initial operation. For this period the Contractor should
bring his own tools and tackles.
i. Contractor shall prepare and submit the Detailed Quality Assurance Plan for site
activities.
ii. Arrange Testing & Inspection as per approved Quality Assurance Plan or tender
specification.
i. The contractor shall allow access to the purchaser or his authorized representative at
all reasonable times, during testing and inspection to premises in which work is being
carried out, if needed.
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ii. The supplier shall provide all essential testing and inspection services and facilities as
required at site.
iii. The inspection shall be carried out in a satisfactory manner and shall be subjected to
approval by purchaser.
iv. Contractor shall provide the test reports of the major supply items like PV modules,
inverter and transformer.
v. Quality surveillance by the purchaser or his authorized representative shall not relieve
the supplier of the inspection duties called herein.
During the detailed engineering, the contractor shall submit reports of all the tests as
mentioned below. Unless specified, the type test should have conducted within last ten
years from the date of bid opening.
These reports should be for test conducted on the equipment similar or higher to those
proposed to be supplied under this contract and the test(s) should have been either
conducted at an independent laboratory or should have been witnessed by any other
client.
However if the contractor is not able to submit report of the type test(s) conducted
within applicable period or in the case of type test report(s) are not found to be meeting
the specification requirements, the contractor shall conduct all such tests under this
contract at no additional cost to the owner and submit the reports for approval.
All acceptance and routine tests as per the specification and relevant standards shall
be carried out. Charges for these shall be deemed to be included in the equipment price.
a. SPV module:
i. The offered PV module must qualify as per relevant IEC or IS standard/ BIS.
ii. All tests as specified or made compulsory by MNRE to quality for the ALMM are
to be conducted and report shall be provided for verification.
10.) Documentation:
The contractor shall supply/submit the following documentation for site approval after
PO placement:-
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i. Detailed Project Report (DPR) / Project Proposal in compliance with latest
provisions issued by MNRE/SECI/IREDA.
ii. GA drawing of complete system.
iii. Complete BOM with make and brand names.
iv. Single line diagram of the system with complete technical details of the solar panels,
Inverter, connecting cables and the other equipment in details.
v. Complete detailed engineering drawings of the system along with foundation &
structure details.
vi. Commissioning procedure of complete system.
a. Name, address, mobile number and email address of the service center to be
contacted in case of failure or complaint.
b. Complete Operational and maintenance manual along with troubleshooting guide.
c. Data sheets and user manuals of the solar PV panels and the solar grid inverter.
d. Warranty cards.
e. Routing diagram of cables and wires.
f. Maintenance registers.
g. Subsidy/achievement-linked incentives/awards benefits documents to pass-on all
benefits (given by center/state government) to NPCIL, if any applicable/exist.
11.) Commissioning:
Prior to connecting the power plant to the grid, electrical continuity and conductivity
of the plant’s various subcomponents should be thoroughly checked by the contractor.
Once mechanically and electrically complete, the following tests (but not limited to)
should be conducted:
i. Polarity Check
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ii. Open Circuit Voltage (Voc) Test: Values from individual strings should fall
within 5% of each other.
iii. Insulation Resistance Test
iv. Earth Continuity Check
v. Grid Connection Interface
Operational acceptance shall be given when, contractor would have complied with all
of its construction-related obligations, and the plant is ready to be handed over to
NPCIL. The criteria for achieving operational acceptance is outlined as follows:
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13.) Guaranteed Generation (GG) Test:
The calculation of the plant Performance test to be done by using the contractually
agreed formulae.
i. The performance of solar power plants is best defined by the Capacity Utilization
Factor (CUF) , which is the ratio of the actual electricity output from the plant, to
the maximum possible output during the year (i.e. CUF = energy measured
(kWh)/365*24*KW).
ii. The successful contractor shall be required to meet minimum guaranteed generation
which is equal to 25,31,640 Electricity Units, measured at the outlet of inverters,
considering Capacity Utilization Factor (CUF) as 17% (for this tender), during 1st
year of the O&M period, and shall be degraded yearly in subsequent years, as per
the degradation value of PV module.
iii. If the measured energy output exceeds the guaranteed value then the test is passed.
iv. If the measured generation is below the guaranteed value, the contractor should
perform investigations into the reasons for plant under-performance and rectify
the issue. The contractor shall be liable for recovery for the shortfall units as per
SCC cl no. 11/GCC cl no. 6.3.
v. Contractor shall adopt module mounting arrangement with seasonal tilt/ North-
south tracking system with gear-handle operating mechanism, as outlined in the
specification to achieve the quoted generation. It shall be easy to operate and any
risk of damage to module or structure while operating the tilt arrangement shall
be ruled out.
vi. All special equipment, tools and tackles instruments, measuring devices required
for the successful conductance of GG test shall be provided by the contractor, free
of cost. All costs associated with the GG tests shall be included in bid price.
(Note: All special equipment, tools and tackles instruments, measuring devices used
to perform trial run, PR ratio test and guaranteed generation test shall have calibration
certificate from third party laboratory).
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Havells India Ltd, Ravin Cables Ltd
14.4 Switchgear Panel:- Schneider Electric, Siemens Ltd., ABB, Crompton Greaves
Power & Industrial, L&T, C&S.
14.5 Transformer:- Voltamp Transformers Ltd., Gujarat transformer,
Volttech(Chennai), Crompton Greaves Power & Industrial Solution Ltd.
Note: Other than above mentioned preferred makes, contractor has to obtained
prior approval from NPCIL.
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Contractor to remove/transfer any staff of the Contractor from site without assigning any
reason whatsoever. Instructions issued in writing to the Contractor in this matter shall be
binding and the Contractor shall replace the transferred/removed person with a suitable
person immediately.
ix. All persons deployed by the Contractor for regular maintenance & operation must have
all the PPE items required for carrying out the services.
x. EIC shall have power to disallow any maintenance personnel, if found unsuitable. The
Contractor shall have to replace such persons within 48 hours.
xi. The Contractor shall maintain attendance register for all their staff deployed for carrying
out jobs on regular basis and shall be produced for verification on demand by authorized
personal of Purchaser.
xii. The work shall be executed in accordance with best modern practices and relevant
standards/ codes.
xiii. The contractor shall ensure that all safety measure are taken at the site to avoid the
accidents to his employees or his co-contractor’s employees. EIC shall have power to
raise Safety related deficiency report in case any deviation in found with respect to
safety. Deductions towards SRDs shall be briefed in site safety manual.
xiv. The contractor shall comply with the provision of all relevant Acts of Central or State
Governments including payment of Wages Act 1936, Minimum Wages Act 1948,
Purchaser's Liability Act 1938, Workmen's Compensation Act 1923, Industrial Dispute
Act 1947, Maturity Benefit Act 1961, Employees State Insurance Act 1948, Contract
Labor (Regulations & Abolishment) Act 1970 or any modification thereof or any other
law relating whereto and rules made there under from time to time.
xv. During operation and maintenance if there is any loss or damage to any component of
the power plant due to miss-management or miss- handling, the contractor shall be
responsible for immediate replacement / rectification of the same. The damaged
component may be repaired, if it is understood after examination that after repairing
performance of the components shall not be degraded, otherwise the defective
components shall have to be replaced by new one without any extra cost to NPCIL.
xvi. The contractor shall include in his scope of supply all the necessary spares for five years.
xvii. The scope of maintenance work shall include the following:
a. Regular operation and maintenance of the Solar PV Power Plant including water
supply pump, if any, for a period of 5 years after commissioning and submission of
daily performance data of the power plant. The Contractor shall keep a Record Book
in this respect clearly indicating date of checking & comments for action etc.
b. Recording daily log sheet as per approved format for the Power Plant to be supplied
after commissioning of the Power Plant.
c. Contractor shall guarantee minimum 25,31,640 KWhr generation at 415V feeder
for the given solar radiation data for site for first year and this shall be degraded as
per degradation value for PV module in subsequent years. Contractor shall also
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furnish the month wise generation in the datasheet corresponding to the radiation
data provided by purchaser.
d. Tariff for computing recovery:- The tariff for computing recovery towards annual
shortfall of units shall be taken as @ Rs. 4/ unit.
e. During grid failure or outage due to NPCIL, the SPV system stops generating. Any
instances of grid failure/disturbance need to be mentioned in the monthly report and
those instances need to be approved by EIC.
f. In case of non-availability of grid pro-rata concession annual generation shall be
given to the contractor.
g. The contractor shall submit monthly performance report of Solar PV power plant
indicating cumulative energy generation data as per approved format, indicating
targets for unit generation, within seven days of the following month.
h. The Contractor has to maintain a hindrance register and regularly note down all the
obstructions faced at site and get it approved by EIC.
i. After completion of installation & commissioning of the power plant, necessary
tools & tackles are to be provided free of cost by the contractor for maintenance
purpose.
xviii. Specific scheduled maintenance tasks are covered in the following sections.
Module Cleaning
Cleaning of PV module and array yard shall be done in periodic manner, during
morning and evening hours only. Each module shall be cleaned and wiped once
in every 15 days. Any extra manpower needed to do the cleaning, shall be
arranged by the contractor free of cost.
Contractor shall install the high pressure jet system to clean the modules.
Module Connection Integrity
Structural Integrity
Vegetation Control
xix. All repairing & replacement works are to be completed by the contractor within 24 hours
from the time of occurrence of fault or defect. If it is not possible to set right the
equipment within this time, the Contractor shall notify NPCIL indicating nature of fault
& cause of damage etc. within 12 hours from the time of occurrence of the fault.
xx. In case the technical supervisor & assistant are unable to rectify the fault/trouble
reported, the contractor shall arrange the service of experts at his own expenses in the
field for restoration of the system to the full satisfaction of the Engineer in charge.
xxi. Unscheduled Maintenance: Unscheduled maintenance is carried out in response to
failures. The shortest possible response is preferable for increasing energy yield.
xxii. Handing over of plant after expiry of O&M term
a. After the expiry of term, contractor shall hand over the plant to the purchaser in
excellent working condition with expected generation capacity as per degradation of
PV modules.
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b. The contactor shall demonstrate performance test of all the major & critical equipment
to ensure Generation from the Solar Photovoltaic Power Plant. While handing over the
plant contactor shall hand over all technical documents, literature, instruction manuals,
lists of spares part & tools and tackles. Contactor will also hand over all the relevant
record/documents.
c. On completion of O&M term the Contactor will apply to the Engineer in-charge for
the issue of Handing Over Certificate and the same will be issued within 2 months of
Handing Over in all respects, after verifying from the documents & tests and satisfying
himself (EIC) that the operation and Maintenance has been competed in accordance
with details set out in the control documents & Prudent Utility Practices.
d. Such certificate shall not relieve the Contractor of any of his obligations which
otherwise survive, by the terms and conditions of the Contract after issuance of such
certificate.
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Annexure-I
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Annexure-II
Site solar radiation data
S. No. Month Solar Rad Avg. W/m2 Kw/m2/Day
1 Jan-19 3630.0 3.63
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Annexure-III
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Annexure-IV
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SECTION – D
EPC-04
(To be submitted duly filled in by the bidder)
TENDER FORM
PART-I
(Technical and Commercial Bid except price)
From
Dated
Tender No.
To
Project Director,
GHAVP,
Contracts and Materials Management Group,
Vill. & P.O. Gorakhpur,
Teh: Bhuna,
Distt: Fatehabad, Haryana – 125047.
Dear Sir,
1. I/We have read the ‘Invitation to Tender & Tendering Conditions’ and the ‘Conditions of
Contracts’ as set out in Section-‘B’ of the tender documents.
2. I/We have thoroughly examined the specifications, drawings and/or patterns quoted or referred
to herein and/or fully aware of the nature of the stores required and my/our bid is to supply the
stores strictly in accordance with the requirements under this tender as detailed in Section-‘C’
of the tender documents.
3. I/We hereby agree to supply and complete the Facilities, strictly adhering to the Conditions of
the Contract as set out in Section-B of the tender document.
4. You will be at liberty to accept any one or more of the items of stores offered by us and I/We
shall be bound to supply you the stores as may be specified in the purchase order/contract.
EPC-04
Page 1 of 2
(To be submitted duly filled in by the bidder)
5. I/We hereby agree to keep the prices and our bid valid for your acceptance for a period of 120
(one hundred and twenty) days from the due date of Part -II of this tender.
7. I/We hereby authorize you to conduct any enquiry to verify the statement/documents and
information submitted in connection with this tender form and to seek clarifications from our
bankers and clients regarding any financial and technical aspects
8. I/We are also enclosing herewith all the leaflets/catalogues etc. pertaining to the stores offered.
Yours faithfully,
Encl:
Deviation/Compliance to technical specifications and other details - Annexure 'A'
Compliance to Conditions of Contract Annexure 'B’
Checklist- Annexure 'C'
Leaflets/Catalogue.
EPC-04
Page 2 of 2
Tender No. GHAVP/CMM/Electrical/1044
General information
Sr.no Description Bidder's Response
1 Name of the Company
2 Address of the Company
3 Contact Person Details
3.1 Name of Contact Person alongwith designation
3.2 E-mail ID
3.3 Phone Nos. - Office
3.4 Fax Nos. - Office
3.5 Phone Nos. - Mobile
4 MSE Details as per MSMED Act 2006 (If Applicable)
4.1 Mention Category - Micro/Small Enterprise
MSE sub Classification with respect to above
4.2
category:
(i) Enterprises owned by Scheduled Castes.
(ii) Enterprises owned by Scheduled Tribes.
(iii) Enterprises owned by Women
Enterprises owned by other than above three
(iv)
categories.
4.3 Terminal validity date of MSE registration
Detail of Start up and certificate of recognition
5
issued by DIPP
6 Registration Numbers:-
6.1 GSTIN Registration Number
6.2 Permanent Account Number (PAN)
Date
Signature
Name & Designation
Annexure A
Date
Signature
Name & Designation
Notes :
1. Bidders need to furnish the requisite details as per the format above.
2. Bidders should indicate Technical Deviations, if any, in this form only.
Technical deviations indicated elsewhere in the tender will be considered invalid
and will be ignored.
3. If no Technical Deviations are taken, bidders should indicate “No Deviations” in
the form.
Tender No. GHAVP/CMM/Electrical/1044
ANNEXURE B
(To be furnished duly filled in along with Part-I - Technical & Commercial bid except price)
1.0 Format for submission of Commercial Terms and Conditions of Tender bid
Bidder’s
Sr.
Item/Description Response/Confirmation
No.
as the case may be
1. Price Basis:
EPC-04 Annx-B: 1 of 4
Tender No. GHAVP/CMM/Electrical/1044
Bidder’s
Sr.
Item/Description Response/Confirmation
No.
as the case may be
8. Delivery Schedule
(Delivery date along with milestone chart should be furnished)
Date
Signature
Name & Designation
EPC-04 Annx-B: 2 of 4
Tender No. GHAVP/CMM/Electrical/1044
2.1 The tenderer shall note that any deviation to above mentioned terms and
conditions of our tender may lead to disqualification of their Bid.
Sr.
Item / Description Bidder’s Compliance
No. / Confirmation
III Acceptance of “Defect Liability” as per Clause No. 6.4 under GCC/EPC-
4/R-4 and Clause 13 of SCC.
EPC-04 Annx-B: 3 of 4
Tender No. GHAVP/CMM/Electrical/1044
Sr.
Item / Description Bidder’s Compliance
No. / Confirmation
GCC/EPC-4/R-4 and Clause 8 of SCC.
Date
Signature
Name & Designation
EPC-04 Annx-B: 4 of 4
Tender No. GHAVP/CMM/Electrical/1044
ANNEXURE C
CHECK - LIST
Bidder please check your quotation for following items, fill in this Check List in Yes / No and submit
along with the bid.
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Tender No. GHAVP/CMM/Electrical/1044
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Tender No. GHAVP/CMM/Electrical/1044
Date
Signature
Name & Designation
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Tender No. GHAVP/CMM/Electrical/1044
Annexure – D
Date
Signature
Name & Designation
Sr.
Certificate/Declaration to be provided by all bidders Bidder's Confirmation
No.
We hereby accept that in case we modify or withdraw our
Bid during the period of validity, we shall be liable to be
1.0 suspended to participate in NPCIL Tenders for a period of
(03) Three years from such modification/ withdrawal of
Bid.
Date
Signature
Name & Designation
Coefficient
F 15 % F - Fixed Portion --
Date
Signature
Name & Designation
Date
Signature
Name & Designation
Date
Signature
Name & Designation
Date
Signature
Name & Designation
Format for Details of Integrity Pact & Integrity Pact Bank Guarantee:
Date
Signature
Name & Designation
Date:
(Charted/cost Accountant)
UDIN:
Tender No. GHAVP/CMM/Electrical/1044
Technical Parameters:
The BIDDER shall fill in the following format & provide all relevant details:
S. Main Parameters Value To be filled
NO. Components by the
bidder
Solar Modules And Accessories:
Date
Signature
Name & Designation
EPC-04
SECTION – E CONSISTS OF THE FOLLOWING SUBSECTIONS
TENDER FORM
NOTES
EPC-04
(To be submitted duly filled in by the bidder)
TENDER FORM
From
M/s.
Tenderer’s Bid No. ____________________
Dated _______________
Fax No. :
Last date for submission of Part-II of the
E-mail : tender_________________upto 11.00 Hrs. IST.
_____________________
To
Project Director,
GHAVP,
Contracts
Tes and Materials Management Group,
Vill. & P.O. Gorakhpur,
Teh: Bhuna,
Distt: Fatehabad, Haryana – 125047.
Dear Sir,
1. In response to your invitation to the tender and as per you tendering conditions, the price
and quantity schedule of items applicable for the scope of supply (and other commercial
terms and conditions) contained in Part-I (Technical and commercial bid except price) are
indicated in the format as Annexure to this tender form.
2. We hereby agree to keep the price and other commercial terms and conditions valid for
your acceptance for a period of 120 (one hundred and twenty) days from the date of
opening of Part-II (price bid) of the tender.
Yours faithfully,
EPC-04
TFPT2: 1 of 1
SECTION – E
Notes:
1.0 The bidders are required to quote for the entire scope of the work as contained in
the Section-E (Rev. 1) Price Schedule enclosed herewith.
2.0 Schedules / Bill of Quantities are to be read for the purpose of pricing in
conjunction with the General Conditions of Contract, Special Conditions of
Contract, Technical Specifications and Drawings, Special Instructions to the
Tenderer, etc. as contained in the Tender Document. Prices are to be quoted in
accordance with GCC Clause no. 5 (contract price and payment) and
corresponding SCC.
4.0 The bidder shall be responsible for inclusion of rates for all the items towards
supplies, civil work, erection, commissioning and O&M etc. within the scope
given in Section-C: Technical specification and further clarification (if any) given
after pre-bid meeting. In case the rate of any item is not quoted by the contractor/s
in their package, the contractor shall nevertheless supply such items within his
total quoted price as accepted by the Purchaser in the Purchase Order.
5.0 Price Bid evaluation shall be based on Total price as per “Summary Price”
schedule.
6.0 The cost of O&M portion with GST shall be minimum Rs. 32.115 Lakh. In case
the contractor quotes less than Rs. 32.115 Lakh (with GST), the same shall be
apportioned to Rs. 32.115 Lakh (with GST) without changing the total cost of
the EPC contract before placement of the purchase order.
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7.0 Subsequent to the placement of the purchase order, the contractor will be required
to furnish item wise price break up within a specified time frame for acceptance of
the purchaser. This detailed break up of items/milestones and price shall be
consider for stage/ pro-rata payment purpose only.
8.0 TENDERER shall submit his offer strictly as per the technical specification and
general commercial conditions stipulated in this tender document. Deviation, if
any, shall be limited to a minimum and the same shall be brought out clearly in
the designated schedule in Part-I bid (Annexure-A).
9.0 The bidders are required to take note of the testing requirements of the items being
quoted under this package as per clause no. 10 of “Invitation to Tender and
Tendering Conditions” and “Technical Specification” and quote price in Section-
E accordingly.
10.0 The requirement of special tools and tackles is for erection, commissioning,
generation monitoring, metering, system performance tracking and subsequent
operation and maintenance of all the equipment in the scope of this tender. The
prices of Special tools and tackles shall be included in the price of corresponding
items/equipment.
11.0 In case, the total price arrived on the basis of the unit prices furnished by the
bidder in detailed price schedules are found to be lower than the total price
indicated in the Summary Price Schedule, then the unit prices quoted in the
detailed price schedules will prevail and total price indicated in the Summary
Price Schedule will be corrected accordingly before issue of contract.
12.0 In case the total price indicated in the Summary Price Schedule are lower than the
total prices arrived at by adding the prices quoted in the detailed price schedule,
the total prices contained in the Summary Price Schedule will prevail and the unit
prices of the items contained in the detailed price schedule will be corrected
accordingly before issue of contract.
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