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Utility Powertech Limited

1) Utility Powertech Limited is inviting online bids for the work of "BMC For Civil Works In Plant At NTPC Anta". 2) The estimated cost of the project is Rs. 1,95,55,320.98 with a contract period of 24 months and an optional extension of 3 months. 3) Interested bidders must register with the e-tendering portal www.tenderwizard.com/UPL to download the tender document between November 27, 2020 and December 11, 2020 and submit their online bids by December 12, 2020.

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0% found this document useful (0 votes)

400 views56 pages

Utility Powertech Limited

Uploaded by

ashishntpc1309

We take content rights seriously. If you suspect this is your content, claim it here.

Available Formats

Download as PDF, TXT or read online on Scribd

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Utility Powertech Limited

(A Joint Venture of Reliance Infra. Ltd. and NTPC Ltd.)

Anta Gas Power station, Anta, Dist Baran , Rajasthan-325209
Ph. No.: 07457-246104,
Ref: No.: UPL/ANGPP/2020/NIT-385 Date: 26.11.2020

UTILITY POWERTECH LIMITED

(A JV of NTPC Ltd. & Reliance Infrastructure Ltd.)

NIT- 385 FOR E-TENDERING

TENDER DOCUMENT

FOR THE WORK OF

“BMC For CIVIL WORKS IN PLANT AT NTPC ANTA ”

E-tendering website www.tenderwizard.com/UPL

UTILITY POWERTECH LIMITED

Anta Gas Power Station , Anta
Distt,:- Baran , Rajasthan-325209
Ph No :- 07457246104

Contact if any query:

1. Shri A.K.Singh (Resident Manager), Mob. No.: 9424788911, e-mail
id: anta@uplmail.com
2. Shri Arun Kumar Dubey (Asst. Engineer – C&M), Mob. No.:
9532357707

Resident Manager
UPL Anta

Tender Cost/EMD should be in the form of DD/Banker’s cheque payable at Central bank of India,
Branch: -NTPC GAS Project, Anta (Branch IFSC Code CBIN0282738) in favor of UTILITY
POWERTECH LTD from any nationalized/scheduled banks.
Vendors registered with MSEs (D or E Category) will be exempted for EMD and
Tender Fee.
Bidders are requested to get registered with M/s. ITI Ltd, E-PORTAL address
www.tenderwizard.com/UPL and those who are already registered on the portal can download tender
document on payment of tender processing fee.
Important instructions:
1. Tender Bids shall be opened online only on receipt of Tender cost in form of DD/banker’s cheque
in favour of Utility Powertech Limited payable at Central bank of India, Branch: -NTPC GAS
Project, Anta (Branch IFSC Code CBIN0282738) Price bid of only technically qualified parties
will be opened.
2. Bidder has to upload online on the portal a copy of Letter of Undertaking, EMD and Demand
Draft/Banker’s Cheque as Tender cost for opening of Bids.
3. UPL reserve the right to cancel/reject any or all the tender’s without assigning any reason.
4. All mandatory/eligibility documents mentioned in the tender document should be scanned and
uploaded in the e-tender portal. Non receipt of any of the mandatory documents is liable for
rejection.
5. Late tenders i.e. the bids submitted after due date and time shall not be accepted in any case.
6. If the tender opening day happens to be holiday, the tender will be opened at the same time on the
next working day.

12. If, at any stage of the tendering, information regarding unsatisfactory performance is received from
NTPC / UPL, the tender /offer of such bidders will be summarily rejected.
13. Issue of bid documents shall not construe that the bidder is considered qualified.
14. UPL reserves the right to cancel the tender (s) without assigning any reason whatsoever.
15. Bidders are required to submit their GSTIN along with their technical bid. They will also have to
submit documentary evidence of full GST Compliance.

5.0 INSTRUCTRIONS TO BIDDER / TENDER CONDITIONS

Dear Sir,
1. Tenders are invited through online in two parts Bids (Part-I - Technical Bid & Part-II – Price Bid) on
behalf of M/s. Utility Powertech Limited –Anta for the following work:
Name of the work: BMC FOR CIVIL WORKS IN PLANT AT NTPC ANTA
Estimated Cost: ₹ 1,95,55,320.98

Contract Period: 24 Months

Extension Provision: 03 (Three) months on same rates, terms and conditions.(if
required)
GST: GST shall be paid extra as applicable.
Tender cost: ₹1344/- (inclusive of GST), exempted for MSEs vendors.
EMD value: ₹ 3, 91,106.00/-, exempted for MSEs vendors.
Bidders are requested download the on line tender document through website and submit the same
through online E-portal website of M/s. ITI Ltd i.e. www.tenderwizard.com/UPL. As the tenders are
invited through E-Tendering process, physical copy of Tender document would not be available for sale.
However the bidders interested to participate in the tender should make necessary Registration Fee,
Processing Fee to the E-Portal vendor i.e. M/s.ITI Ltd.
Corporate Office: UPL House, W-24, Sector-11, Noida (U. P.) – 201 301
st
Registered office: H Block, 1 Floor, Dhirubhai Ambani Knowledge city,
Thane Belapur Road, Navi Mumbai -400710. Maharashtra.
CIN U45207MH1995PLC094719
(5)
Utility Powertech Limited
(A Joint Venture of Reliance Infra. Ltd. and NTPC Ltd.)
Anta Gas Power station, Anta, Dist Baran , Rajasthan-325209
Ph. No.: 07457-246104,
Ref: No.: UPL/ANGPP/2020/NIT-385 Date: 26.11.2020
2. Bidder has to upload the following mandatory documents:
i. Letter of Undertaking as per format mentioned in the tender document on non judicial stamp paper
of value Rs.10/-
ii. Bidders has submit EMD amount ₹3, 91,106.00 /- in favour of Utility Powertech Ltd payable at
Central bank of India, Branch: -NTPCGAS Project, Anta (Branch IFSC Code CBIN0282738) as
Demand Draft/Banker’s Chenque or Self attested copy of MSME/NSIC/DIC/ Udyog Aadhar
Memorandom/KVIC/Directorate of Handicrafts and Handloom specified by Ministry of Micro,
small as per MSME Act 2006 certificates through on line for issue of tender documents.

iii. No suspension certificate along with Tender Document

Each of these instructions must be read carefully and followed strictly. Failure in complying with any of
these would tender your offer liable for rejection.

BIDDERS ARE REQUESTED TO CAREFULLY READ THE FOLLOWING AND COMPLY:

1. These instructions are over and above the instructions contained in the enclosed set of tender
documents.
2. If any bidder (including MSE’s vendors) fails to accept the award of contract action for suspension
of business shall be taken against him.
3. No bidder is allowed to take any deviation to the bid document or give any condition in his bid. In
case any bidder takes deviation and / or gives additional conditions then their bid will be rejected.
Bidders shall abide by all the terms & conditions of tender as confirmed by them in their Letter of
Undertaking. Proforma of “Letter of Undertaking” to be given by the bidders is enclosed.
4. Bidder /Tenderer shall submit their offer through online E-portal of M/s. ITI Ltd through
www.tenderwizard.com/UPL (Comprising of Part-I – Technical Bid & Part-II – Price Bid) on or
before 12.12.2020 at 11 A.M.. Part-I Technical Bid along with EMD, Letter of Undertaking & No
suspension certificate will be opened at 12.12.2020 at 11.130 AM through
www.tenderwizard.com/UPL. For submission of bids, the time (i.e. 11.00 AM) and scheduled
Bid submission date mentioned above, shall be treated as cut-off line for Part-II (i.e. Price Bid);
and accordingly, that bid shall be treated as frozen. Subsequent changes to price bid shall not be
entertained; by any manner such as supplementary letters/offers etc. UPL takes no responsibility
for delay, loss or non-receipt of UPL reserves the right to reject/split any or all Tenders without
assigning any reason thereof.
5. Part-II Price Bid will be opened of the vendors who have qualified in technical bid on later date.
UPL shall not be responsible for delay, loss or non-receipt of Tender Documents sent by post and
reserves the right to reject / split any or all tenders without assigning any reason thereof.
6. Bidder must have Goods & Service Tax registration and the same shall verify Goods &
Services Tax registration copy at the time of opening of technical bids and the vendors who do not
submit the same along with bid, their bids would be returned unopened after finalization of tender.
Corporate Office: UPL House, W-24, Sector-11, Noida (U. P.) – 201 301
st
Registered office: H Block, 1 Floor, Dhirubhai Ambani Knowledge city,
Thane Belapur Road, Navi Mumbai -400710. Maharashtra.
CIN U45207MH1995PLC094719
(6)
Utility Powertech Limited
(A Joint Venture of Reliance Infra. Ltd. and NTPC Ltd.)
Anta Gas Power station, Anta, Dist Baran , Rajasthan-325209
Ph. No.: 07457-246104,
Ref: No.: UPL/ANGPP/2020/NIT-385 Date: 26.11.2020
7. The tenderer shall be accompanied with Earnest Money Deposit (EMD) of ₹ 3,91,106.00Demand
Draft (DD) - in favour of Utility Powertech Ltd payable at Central bank of India, Branch: -
NTPCGAS Project, Anta (Branch IFSC Code CBIN0282738) No Cash shall be accepted.
8. The EMD of all unsuccessful tenderers, will be returned after award of the contract to successful
bidder. The EMD and price bid will be returned to the disqualified bidders.
9. No interest will be payable by the UPL on the said amount covered under the Bid guarantee /
EMD.
10. In case, the date of Tender Opening happens to be HOLIDAY, the tender shall be opened on the
next working day at the same time.
11. Bidders must fill the letter of undertaking, certificate and Declaration complete in all respect.
12. No sub-letting of the work is allowed. Work under this contract, either full or any part of the
contract shall not be assigned or sub-let without prior written permission and information of
UPL.
13. Bidders must quote their rates inclusive of all taxes and Duties on works contract etc. except
GST. The bidder has to get them-self apprised of levy of GST by Govt. of India. Necessary
registration is also required to be obtained in this regard. All the bidder should quote their
rates EXCLUDING GOODS AND SERVICE TAX, which shall be payable extra subject to
applicability of GST, against documentary evidence / invoice.

14. Submission of offers through online after due date and time shall not be accepted.

15. In case more than one bidder quotes the same percentage, the FINAL L-1 will be decided based on
their highest Average Financial Turnover for the past three years.
16. Issue of bid document does not automatically imply that the bidder is qualified for the subject
tender. UPL reserves the right to reject the bid in case it is found at a later date after receipt and
opening of the bids or during evaluation of the bid that bidder is not meeting the stated qualifying
requirements.
17. UPL reserves the right to accept/reject any or all bids or Cancel/withdraw the Invitation to
Bid without assigning any reason whatsoever and in such case no bidder / intending bidder
shall have any claim arising out of such action.
18. UPL reserves the right to extend the date for submission and opening of bids at its sole
discretion without assigning any reason.
19. Any change in Bidder’s company name, address etc should be communicated separately to UPL
with proof of change, reference etc well before the due date for submission of tender.
20. It is deemed that bidder shall accept all the terms and conditions mentioned in the tender
documents without any deviation. For that the bidders are requested to accept the no deviation for
fulfillment of technical/commercial compliance. No deviation is acceptable to UPL.
21. Any clarification related to the scope, terms & conditions of contract may please be sought before
submission of offer through online. Clarification received after submission offer will not be

1. Part – I Technical Bid:

i. It shall consist of the requisite EMD along with Letter of Undertaking. (Regarding No-Deviations).
ii. It shall consist of Technical Bid along with tender document digitally signed by the bidder.
Bidders are advised to submit fully compliant bid, i.e, without taking technical and commercial
deviation to any provision of bid document.
iii. In addition to above, the documents as stipulated in the qualifying requirement must be
submitted.
2. Part – II Price Bid / BOQ:
This shall consist of Price Bid only. The price should be quoted in online only of given XLS
format provided with the bid documents without any conditions or deviations.

23. Tender submitted by Fax/mail if any shall not be considered:-Bid with-out Earnest Money
Deposit / MSE’ Certificate and Letter of Undertaking (Regarding No – Deviation)
unacceptable form would be rejected.
24. EMD other than the forms as mentioned above shall not be accepted.
25. Any exemption/deviation in EMD on any ground are not acceptable.
26. In the absence of EMD/Letter of Undertaking, the Techno Commercial bid and Price Bid
would not be opened and would be rejected.
27. Language of Bid: All information in the bid shall be in English. Information in any other
language shall be accompanied by its translation in English. Failure to comply with this may
disqualify a bid. In the event of any discrepancy in meaning, the English copy of all documents
shall govern.
28. All evaluated bid prices of all the bidders shall be compared among themselves to determine the
lowest evaluated bid and, as a result of this comparison, the lowest Bid will be selected for the
award of the Contract.
29. LOCAL CONDITIONS: It will be imperative on each Bidder to fully inform himself of all local
conditions and factors which may have any effect on the execution of the works covered under
these documents and specifications. The UPL shall not entertain any request for clarifications from
the bidders, regarding such local conditions.
30. It must be understood and agreed that such factors have properly been investigated and considered
while submitting the proposals. No claim for financial adjustment to the Contract awarded under

(i) On revocation / modification of tender or;

(ii) On refusal to enter into a contract after the work is awarded to a contractor or;
(iii) If the work is not commenced after the work is awarded to a contractor.
(iv) Refusal to accept the arithmetic correction (s).
(v) Submission of false documents.
(vi) Increase the rates after opening of tender before the expiry of the validity of the
tender.

47. Time is the essence of the contract and if the contractor fails to maintain required progress in terms
of condition No. 13 of General Conditions of Contract (civil work) or to complete the work and
clear the site on or before the contract or extended date period of completion. Provision of clause
No. 32 of General Conditions of contract (civil work) shall be applicable.
48. Contractors working in Electrical and C&I areas should ensure renewal / revalidation of Electrical
License before expiry of the same to the Resident Manager / Contract Service Department for safe
job execution and contractual requirement. In case of failure, action will be taken as deemed
suitable as per GCC of UPL.
49. Offer must be strictly as per specification / drawings as spelt out in the enquiry. No Deviations
there from, are allowed.
50. All incidental items not shown or specified but reasonably implied or necessary for successful
completion of the work shall be provided by the contractor at his own cost. Decision of the
Resident Manager will be final in this regard. However, the contractor shall execute any extra
items, if necessary for completion of the work with prior permission of Resident Manager.
51. General Conditions of Contract (Civil Works and O&M work) shall form part of this tender
irrespective of the fact whether it has been issued with tender documents or not. If it is not issued
it would be referred to in UPL office.
Corporate Office: UPL House, W-24, Sector-11, Noida (U. P.) – 201 301
st
Registered office: H Block, 1 Floor, Dhirubhai Ambani Knowledge city,
Thane Belapur Road, Navi Mumbai -400710. Maharashtra.
CIN U45207MH1995PLC094719
(10)
Utility Powertech Limited
(A Joint Venture of Reliance Infra. Ltd. and NTPC Ltd.)
Anta Gas Power station, Anta, Dist Baran , Rajasthan-325209
Ph. No.: 07457-246104,
Ref: No.: UPL/ANGPP/2020/NIT-385 Date: 26.11.2020
52. No man/ materials/ equipments not covered by valid gate pass shall be permitted within the power-
station area and no materials/ equipment shall be permitted to be taken-out of the power-station
unless authorized by concerned authority. The contractor shall be held fully responsible for any
delays/ losses/ damages that may result consequent on lapses that may occur on the part of his
employees in this regard.
53. Materials to be supplied by the contractor as per scope of work shall be of good quality/ ISI
marked and of specified acceptable brand(s) only. It shall require approval of Resident Manager.
54. All bidders should be registered with the Regional Provident-Fund Commissioner and ESI
Corporation. They are also required to give categorical, confirmation that they would cover the
contract-labourers engaged by them as well as the sub-contractor for the purpose of provident fund
and ESI benefits. On monthly basis the contributions at the applicable rate and before due date
shall be deposited and the necessary documents for having deposited the PF and ESI for the
workers deployed will be furnished to the Resident Manager.
55. In compliance with the requirement under the provision on Contract Regulation & Abolition Act.,
the contractor shall obtain a labour-license. The Labour license shall be submitted to Resident
Manager before the commencement of the work/ contract. However, in this regard, decision of
Resident Manager shall be final and binding.
56. The employee(s) employed by the contractor should be skilled/ competent in accordance with the
job requirement to the satisfaction of Resident Manager. RM shall have a right to remove any
employee of the contractor, whom he feels to be incompetent. The contractor shall deploy
sufficient number of supervisors to ensure supervision to ensure supervision at all places of his
work at all the times.
57. The contractor should arrange sufficient number of Tools & plants as directed by Engineer in
charge during execution of work.
58. The contractor shall make his own arrangements for approach to the work site and for movement
for men, machinery, material, other equipment etc. required for carrying out the work included
under this contract.
59. The contractor shall be deployed qualified and experienced personnel for administration in the site
and execution of the contract at his own cost.
60. The successful bidder shall have to give preference to land-oustees to the extent possible for the
deployment of manpower.
61. The persons below the age of 18 (Eighteen) years and children worker shall not be deployed on
the work.
62. Abnormally High or Low Rated Items:
(A) If the rates/ prices quoted by the successful bidder for one or more items of the bill of quantities
(wherever such rates/ prices have been called for in the bids) are found to be abnormally high or
low in relation to the Engineers estimate of the cost of work to be performed under the contract,
Corporate Office: UPL House, W-24, Sector-11, Noida (U. P.) – 201 301
st
Registered office: H Block, 1 Floor, Dhirubhai Ambani Knowledge city,
Thane Belapur Road, Navi Mumbai -400710. Maharashtra.
CIN U45207MH1995PLC094719
(11)
Utility Powertech Limited
(A Joint Venture of Reliance Infra. Ltd. and NTPC Ltd.)
Anta Gas Power station, Anta, Dist Baran , Rajasthan-325209
Ph. No.: 07457-246104,
Ref: No.: UPL/ANGPP/2020/NIT-385 Date: 26.11.2020
then UPL shall require the bidder to produce detailed rates/ price analysis for any or all items of
the bill of quantities to demonstrate the internal consistency of those rates/price with the
construction methods and schedule proposed.
(B) After evaluation of rate / price analysis, UPL shall require that the amount of the performance
security be increased at the expense of the successful bidder to a level sufficient to protect UPL
against financial loss in the event to default by the contractor under the contract, if award is
placed on recommended bidder.

Provision of Additional Guarantee:

When the contract award price is lower than Employer’s /UPL Estimate the following criteria may be
followed in order to protect the interest of Employer /UPL:

Award value of contracts w.r.t. cost estimate Amount of Additional Guarantee

a) Up to (-) 5% No Add. Guarantee
b) Below (-) 5% to but not less than (-) 10 % Value equivalent to EMD
c) Below (-) 10% An amount equal to the cost difference
between estimated cost and award
value
d) Below (-) 20 % Review & Retender on case to case
basis.
The Additional Guarantee is to be released after successful completion of work.
Additional performance Guarantee shall be submitted only in the form of Demand Draft /
Banker cheque in favour of “Utility Powertech Limited” or FDR issued by scheduled
commercial banks endorsed in favour of “Utility Powertech Limited. A/c … Contractor
name”. In case L-1 bidder denies to give the Additional performance guarantee, his bid will
not be considered and his EMD will be forfeited and he will not be allowed to participate in
retender.
No interest shall be payable to the contractor against the Additional performance guarantee
submitted by the contractor.
63. The contractor shall submit each month’s running bill along with labour payment sheet signed by
the labour, PF challan, ECR/CRN and ESI challan, IP contribution and payment history statements
and GST payment documents for processing at UPL end. Only after having confirmation of
disbursement of wages to labours, the payment to contractor shall be released every month.
64. The contractor shall ensure timely payments to the workers and shall not link the same with receipt
of payments from UPL against monthly RAB’s. In case of contractor’s failure to disburse the
wages before the 7thday of the months, UPL shall directly pay the wages, other statutory
obligations & charges from the contractor upto 10% along with applicable GST or tax on the
amount paid as UPL’s overheads. Non-compliance of this clause shall be reflected in the
performance of contractor.

68. Contractor will have to follow up the day-to-day work schedule as provided by Engineer-In-Charge.
The contractor shall keep a competent authorized representative. The representative shall represent
the contractor in his absence and all direction given to him shall be binding as if given to the
contractor. He shall give daily feed back to the Resident manager.
69. In case of placement of an order, the renderer shall be required to furnish Security Deposit as
under;
A. Security Deposit:
(i) The earnest money furnished by the Contractor will be treated as part of the security
deposit. However if the earnest money deposit is in the form of a bank guarantee, the
Contractor will be required to replace it with initial security deposit of equivalent value
in one of the forms given here-in-after, within 15 days of acceptance of tender. Further
the Contractor shall permit the Company at the time of making any payment to him for
the work done under the Contract to deduct towards the security deposit at the rate of 10
percent of gross amount of each on account payment until the security deposit so
deducted reaches the values mentioned in Schedule given below in cash or in the form of
Fixed Deposit Receipts.
(a) during the execution of contract it sometimes happen that the contractor does not pay
wages to its workers, then UPL has to disburse payment to workers of contractor and for
this disbursement the amount available with UPL as security deposit and running bills
are utilized for the disbursement of wages.
Due to above reasons Bank Guarantee in lieu of Security deposit is not considered for
acceptance.
(b) If at the time of payment of the final bill, the deductions so made together with
earnest money already deposited, fall short of the security deposit mentioned in schedule
given below the recovery of the balance amount of security deposit shall be deemed to
have been waived.
(ii) In case a fixed Deposit Receipt of any bank is furnished by the Contractor to the
Company as part of the Security Deposit and the bank goes into liquidation or for any
other reasons is unable to make payment against the said Fixed Deposit Receipt, the loss

B. Refund of Security Deposit:

One half of the Security deposit refundable to the Contractor shall be worked-out on the basis of
the value of work completed. The final measurement of completed work should be jointly signed
by contractor & UPL EIC. The one half of the security deposit shall be refunded to the
Contractor on the Resident Manager certifying in writing that the work has been completed as
per contract condition and as per clause 31 of GCC.
On expiry of the defect liability period (referred to in GCC Condition No: 33) or on payment of
the amount of the final bill payable in accordance with GCC condition No: 52 whichever is later,
the Resident Manager shall on demand from contractor, refund the remaining portion of the
security deposit provided the Resident Manager is satisfied that there is no demand outstanding
against the contractor. It shall be ensured that all statutory requirements are complied with by the
contractor.
Before release of Security Deposit, it may be ensured that statutory requirement are complied
with by the contractor and final bill amount has been received from client. Balance 50% of
security deposit shall be released only after getting complete documents towards statutory
compliance (Form-23) after approval of competent Authority.

70. In the event of an order, if asked for, the successful tenderer shall be required to furnish a contract,
Performance Bank Guarantee @ 10% of order value from any Nationalisation Bank valid for:
(In case of supply order)
The CPG shall be valid for three (03) months beyond the warranty / guarantee period (Guarantee
period + 3 months) from the date of delivery.
Or
(in case of supply cum erection contract)
The CPG shall be valid for three (03) months beyond the warranty / guarantee period i.e. 15 months
(12 months + 3 months) from the date of handling over.
Against any manufacturing defects / poor workmanship poor performance and in case of any
deficiencies are found during this period, the same shall be repaired / rectified / replaced free of cost.
71. If required, then Retention of amount: An amount @18.25% towards Retrenchment benefit, annual
leave, and bonus will be retained by UPL from each RA bill before release to the contractor and the
same will be released to the contractor at time of payment due to the workers so as to facilitate
timely payment full and final dues to the workers. This retention is in addition to the SD amount to
be deducted.
72. Bidders should note that printed terms and conditions submitted by the bidders shall not be
considered and shall not be considered as a part of contract.

73. Bidders are advised to give fully compliant bid meeting all terms of conditions stipulated in the
bidding documents. Bidders should not add or delete or modify any terms and conditions.

74. All bidders shall be required to certify that they would adhere to the fraud prevention policy of UPL
and not indulge to fraudulent activities and immediately appraise the organisation of the fraud /
suspected fraud as soon as it comes to their notice.
75. UPL can at its sole discretion unilaterally change the quantity / BOQ to the extent of + / - 20% on
overall contract basis as indicated in the NIT unless otherwise specified. The bidder would be
bound to accept these quantities on the same terms & conditions of price and delivery.

76. SPECIAL CONDITIONS OF CONTRACT

a. All the works shall be executed as per Technical Specifications and as directed by Engineer-in
Charge/ Resident Manager as stipulated in the LOA/ Work Order.
b. Work permit /WTP should be obtained from EIC, NTPC before start of work.
c. Security Deposit will be recovered from EACH R.A. BILL, which will be released after
Completion of work as per General Conditions of Contract.
Corporate Office: UPL House, W-24, Sector-11, Noida (U. P.) – 201 301
st
Registered office: H Block, 1 Floor, Dhirubhai Ambani Knowledge city,
Thane Belapur Road, Navi Mumbai -400710. Maharashtra.
CIN U45207MH1995PLC094719
(15)
Utility Powertech Limited
(A Joint Venture of Reliance Infra. Ltd. and NTPC Ltd.)
Anta Gas Power station, Anta, Dist Baran , Rajasthan-325209
Ph. No.: 07457-246104,
Ref: No.: UPL/ANGPP/2020/NIT-385 Date: 26.11.2020
d. Wherever applicable, Income Tax as per rule on gross value of each bill unless exempted by
Income Tax Officer, shall be deducted.
e. Contractor will be paid one RA BILL per month as per actual measurements.
f. The work shall be started immediately on receipt of written order and shall be carried out speedily
with proper workmanship and quality.
g. Monthly Wages to the labour should be calculate based on the attendance data generated from
CLIMS of NTPC and Wage sheet is to be prepared and Wages have to be paid through bank only
to the bank accounts of the workers.
h. Monthly wages should be paid before end date of the moth. Monthly Wage slip is to be given to
each worker by the contractor.
i. GST, Income tax, WCT, VAT etc has to be deposited at applicable rates as per the schedule date
of deposit.
j. P. F. contribution should be deposited before 15th day and submit challan, ECR, CRN and Form-
23.. Brief provisions are enclosed to the tender.
k. EPF form -23 should be obtained from PF office and distribute to the workers and submit proof to
UPL.
l. EPF from the code of the previous contractor should be transferred to the present contactor PF
code and ensure continuation of PF contributions on the same UAN of the worker.
m. ESI contribution should be deposited before 21st day and submit online monthly contribution
statement of ESI along with IP contribution detail. Register all the workers immediately on
engagement so as to cover the benefits. Brief provisions are enclosed to the tender.
n. Maternity benefits under the “Maternity Act and Rules are applicable to the persons working in
this contract and benefits have to be given to the eligible persons as per act/rules. Brief provisions
are enclosed to the tender.
o. If required, Group insurance policy @ 7.5 lakhs per person /per year can be obtained from the
notified insurance company, before start of the work/contract and produce the documentary proof
to UPL/EIC NTPC.
p. PMJJBY and PMSBY insurance should be obtained from bank before start of the contract and
produce the documentary proof to UPL/EIC NTPC.
q. Retrenchment and earned Leave payment has to be paid based on the last wages drawn by the
worker.
r. If required ,The amount of Retracement, annual leave and bonus component will be deducted
from each RA bill and retained with UPL and shall be released at the time of payment due to the
workers. This retention is in addition to the deduction of SD.
s. Labour license should be obtained from the competent authority immediately before start of work.
t. PPE are to be provided to all the labour before start of the contract and to be certified by safety
department.. Refer Annexure-A1 for ISI specifications and brands etc. for supply.
u. Slandered Safety rules/clauses are to be followed strictly as stated at Annexure –A. Clauses
relating to safety organization and deployment of safety supervisors as per scope of work is to be
ensured.
Corporate Office: UPL House, W-24, Sector-11, Noida (U. P.) – 201 301
st
Registered office: H Block, 1 Floor, Dhirubhai Ambani Knowledge city,
Thane Belapur Road, Navi Mumbai -400710. Maharashtra.
CIN U45207MH1995PLC094719
(16)
Utility Powertech Limited
(A Joint Venture of Reliance Infra. Ltd. and NTPC Ltd.)
Anta Gas Power station, Anta, Dist Baran , Rajasthan-325209
Ph. No.: 07457-246104,
Ref: No.: UPL/ANGPP/2020/NIT-385 Date: 26.11.2020
v. Penalty and expenditure clauses have to be understood clearly before submitting the BID
especially all safety aspects, less deployment of manpower, unsatisfactory work execution, supply
of T&P, Supply of Consumables, non implementation of all the statutory provisions relating to
EPF,ESI, Insurance and GST etc. and also the consequential expenditure on any type of accidents
and other expenditure of one time nature ad incidental to the work.
w. PPE’S, Tools and tackles are to be provided as per the scope of work before start of the contract
and certificate of fitness for lifting tackles, and for vehicles like insurance, registration, puc,
fitness, driver license ,back horn etc to be given to safety dept.
77. In case of any delay in payment of wages / allowance / final payments etc and deposit of PF/ ESI/
GST/Service Tax/ VAT etc, the contractor should make payment / deposit with applicable late
payment / penalty / Interest etc as per rules and submit the documents.
78. In case of failure to make payments as above, UPL shall have right to recover such amount i.e.
principal amount along with Interest, Penalty / Late Fee and Service charges etc and deposit with the
relevant authority/ agency. In such event, UPL shall have right to foreclose the contract at the risk
and cost of your agency and also UPL reserves right not to give tender documents in future due to
poor performance or failure to comply the statutory payment / deposits of this work order.
79. The contractor should read and understand clearly the above provisions of labour laws / Tax laws /
applicable rules and abide by the schedule dates of payments / deposits and submit documents and
failure to do so. The contractor should abide by the actions that shall be taken of UPL, which
includes suspension of future dealings for a specified period or banning for future dealings for a
specified period.
80. Notwithstanding any other court or courts having jurisdiction to decide the question(s) forming the
subject matter of the reference if the same had been the subject matter of a suit, any and all actions
and proceeding arising out of or relating to the contract (including any arbitration in terms thereof)
shall lie only in the Court(s) of the respective UPL Site to the exclusion of all other Courts. The
Court of law of the respective UPL Site shall have exclusive jurisdiction.
81. You will submit monthly bill in triplicate for verification of the Engineer-In-charge within 7 days of
completion of service period. Payment shall be released through Net banking /crossed account
payee cheque only. All the bills along with the related documents including statutory compliances
for payments shall be submitted by you to Engineer-In-charge, UPL
82. You shall ensure that wages payment is to be disbursed as per applicable wages on or before 7th of
each month positively. In case of UPL received any complaint regarding non-payment of wages
etc. from the personnel will be recovered from the bill and shall be paid to such personnel. In
case UPL has to make the payment to the personnel engaged of the contractor, service charges
up to 10% along with applicable GST/service tax will be recovered extra on the following:
(i) Wage amount
(ii) Statutory payments
(iii) Any financial expenditures for smooth running of the contract (e.g. T&P PPE, Consumables and any
other items not mentioned herein but needed for running the contract).

B. Penalties, Recoveries and other deductions: Any deduction towards penalty due to
unsatisfactory work execution/non-completion, non or less deployment of manpower as specified,
non issue of PPE, Non use of PPE by workers, recovery due to vigilance recommendations etc or
on any account done by NTPC from UPL shall be recovered from the contractor bills and the
contractor shall not have any right to raise dispute and shall not have any claim whatsoever in this
regard.
C. RETENSION: The amount of Retracement Compensation, annual leave and bonus component
will be deducted from each RA bill and retained with UPL and shall be released at the time of
payment due to the workers.

84. Suspension, Pre-Mature termination of Registered Vendors:

A. Suspension:
Business dealings with the regd. Vendors / contractors may be suspended for a particular period if
prima-facie it is found on the basis of evidence that the firm is involved in offence or unethical
business dealing which raises doubtful loyalty to the country or otherwise comes to an adverse
notice after providing of opportunity to the vendor / contractor to explain the blameworthy conduct.
B. Pre-mature termination of registration:
Pre-mature termination of registration may be done with the approval of competent authority from
the list of registered vendors if the vendor / contractor is non responsive against our enquiries or on
account of their performance and disabilities as detailed below:
a) fails to execute a contract or fails to execute it satisfactorily;
b) no longer has the technical staff or equipment considered necessary;
c) fails to furnish income-tax clearance certificate as required under the rules,
d) fails to deposit service tax/PF, ESI etc. with the Authorities.
e) is declared bankrupt or insolvent or its financial position has become unsound, and in the case of
a limited company, it is wound up or taken into liquidation.
85. Withholding of Business Dealings and Banning of Business Dealings.
UPL policy and procedure for Withholding of Business Dealings and banning of Business
Dealings along with its amendments issued from time to time, is applicable to the vendors,
suppliers, service providers, contractors or any outside agencies doing any type of business with
UPL. All the business dealings are subject to this policy. The policy and procedure is available in
Corporate Office: UPL House, W-24, Sector-11, Noida (U. P.) – 201 301
st
Registered office: H Block, 1 Floor, Dhirubhai Ambani Knowledge city,
Thane Belapur Road, Navi Mumbai -400710. Maharashtra.
CIN U45207MH1995PLC094719
(18)
Utility Powertech Limited
(A Joint Venture of Reliance Infra. Ltd. and NTPC Ltd.)
Anta Gas Power station, Anta, Dist Baran , Rajasthan-325209
Ph. No.: 07457-246104,
Ref: No.: UPL/ANGPP/2020/NIT-385 Date: 26.11.2020
UPL office and all the vendors are advised to refer it or obtain a copy and take clarifications, if
any, before submitting the bids.
The “Effect of Withholding” clause is given below for the understanding of the vendors.

The agency after issue of order of withholding of business dealings, would not be allowed to
participate in any future tender enquiry and if the agency has already participated in any tender
process and the price bids are not opened, his techno-commercial bid will be rejected and price bid
will be returned unopened. However, where price bids of the agency have been opened prior to
order of withholding, bids of the agency shall not be rejected. Also in open tender cases, tender
enquiry/tender documents shall not be issued to defaulter vendors. In case of E-tendering if a
defaulter vendor has purchased the tender documents on line, his bid shall not be considered for
opening under this tender. Effective date of withholding of business dealings and banning of
business dealings with the agency /bidder/vendor shall be from the date of issue of the banning
order /letter for this effect to the agency/bidder/vendor.
Duration of Withholding of business dealings with contactor, vendor and agency is six months or
more as per the severity of the case and /or as per the terms and conditions of the contract. On
written representation by the agency the competent authority may review and revoke the order or
extend the period of withholding or take action for banning of business dealings in accordance of
banning procedure.
Abridged policy is annexed to this tender document. Total Policy available in UPL office may be
referred.

86. Fraud Prevention Policy: Fraud Prevention Policy of UPL, along with its amendments issued
from time to time, is applicable to the vendors, suppliers, service providers, contractors or any
outside agencies doing any type of business with UPL. All the business dealings are subject to this
policy. The policy and procedure is available in UPL office and all the vendors are advised to
refer it or obtain a copy and take clarifications, if any, before submitting the bids.
Banning of the business dealings with contactor, vendor and agency is from one year to three
years as per the severity of the case and /or as per the terms and conditions of the contract.
Abridged policy is annexed to this tender document. Total Policy available in UPL office may be
referred.
87. Revocation of Orders. The order for suspension, withholding of business dealings and banning of
business dealings passed for a certain specified period shall be reviewed only on request by the
contractor/agency /vendor and shall be revoked with approval of the competent authority.

5.1 OBSERVANCE OF LABOUR LAWS AND CONTRACTORS LIABILITY

1. The contractor shall comply with the provisions of all labour laws applicable & in particular comply
with the provisions of the contract Labour (Regulation & Abolition) Act, Minimum Wages Act,
payment of Wages Act, EPF Act, ESI Act Workman’s Compensation Act, etc.
2. The contractor shall be liable to pay all wages/amount to all labourers so supplied as per the
provisions labours laws in force from time to time & in case, UPL, as principal employer, is held
liable to pay any contributions/money etc. to any person or authority or Government under the
Provisions of any law or by an order of the Competent Authority/Court, in respect of this contract
or labourer so supplied, the Management of UPL shall have right to deduct such amount from the
bills/security deposit or otherwise recover from the contractor. The contractor shall be
responsible to reimburse such amount to UPL on demand and without any demure, reservation,
contest or protest.

3. The contractor shall at all time indemnify the Company against all claims, damages or
compensation under provisions of payment of wages act. 1936, Minimum Wages Act, 1948,
Employer’s Liability Act, 1938, the workman’s Compensation Act, 1923, Industrial Dispute Act,
1947 & the Maternity Benefit Act, 1961, Employees Provident Funds & Miscellaneous Provision
Act, 1952 ESI Act & or any modifications therein or any other law relating thereto & rules made
thereunder 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 your employment or not save any except where
such accident or injury has been resulted from any act of Corporation, his agents or servants
&also against all costs, charges &against all sum or sums which may with your consent be paid to
compromise or compounds any such claim. Without limiting the obligations & liabilities as above
provided you shall insure against all claims, damages or compensations payable under the
workman’s Compensation Act, 1923 or any modification there of or any other law relating thereto.

4. The contractor shall prove to Resident Manager from time to time that contractor has taken out all
the insurance policies referred to above & have paid the necessary premiums for keeping the
policies alive.

5. The aforesaid insurance policy/policies shall also show that UPL as assured beneficiary along
with the contractor.

6. The aforesaid insurance policy/policies shall provide that they shall not be cancelled till the in-
charge of the contractor has agreed to their cancellation.

7. The contractor shall submit the separate P.F. & E.S.I. Monthly challan as deposited for this
package.

8. A check list covering major point of important regulations applicable is given in for effective
implementation.

Contract Labour Act’1970

Statutory Compliances
Please Note: Major points are given as a part of check list; however the list is not comprehensive, only an aid for
proactively checking, for detailed requirement, the contractor has to refer to the act applicable and amended rules.
• Contractor shall ensure all statutory compliance as applicable shall be followed
• The Contractor is also liable to pay to his employees the wages as per the amendment from Centre/State as
applicable on the site and published from time to time
Sr. Highlight of Statutory Compliance Check Points
To obtain certificate of registration from concerned deptt. If more
than 20 workers are /were employed on any day in preceding 12
1 Certificate of Registration months as contract labour. And amend as per requirements i.e.
change in person / place and other necessary particulars.
C&M – Agreement between UPL & 1. Issue LOA to Contractor.
2 Contractor 2. Agreement between UPL & Contractor (As per enclosed format)
3 Workman Register Rule 75 in form XIII Update workman register if any change occurs.
To get Employment cards issued to workers at starting of contract
4 Employment Card Rule 76 in Form XIV (Within three days) any changes in particulars to be updated.
5 Labour License In case, workers are engaged 20 or more than 20 at any time UPL
will issue form V to contractor for getting labour license
6 Attendance Card Contractor will issue attendance cards to worker at site and check by
the UPL representative time to time.
7 1. Register & Records Rule 78:
Muster Roll in form XVI
2. Register of wages in form XVII 1. As per Rule 78, all register shall be maintained by the contractor
3. Register of deduction for damage or loss monthly basis
in form XX
2. Copy of muster roll, wage register, overtime register & wages
4. Register of fines in form XXI
5. Register of advances in form XXII slips shall be kept for record by UPL monthly basis.
6. Overtime Register in form XIII
7. Wages Slips in form XIX
Wages disbursement to all workers to be done by 7th day or prescribed date.
Wage sheets to be stamped as per format given in rule. It is the duty of the
contractor to ensure that the wages are disbursed timely through bank and
8 Wages disbursement to contract labour the sheet is certified (duly stamped and signed) as per given format under
section 73 “Certified that the amount shown in column……has been paid to
the workmen concerned through bank on_____________ “
Notice board to be maintained in visible places with requisite info as per the
rule 81.
The wages rate, hours of work, wage period, date of payment of wages,
9 Notice Board as per Rule 81(1) (i) name and addresses of Inspector and the date of payment of unpaid wages,
shall be displayed on Notice Board by Contractor in English, Hindi & other
language understood by workmen.
10 Returns as per Rule 81 (3) and Rule 82 (1) Timely submit these returns as per the rule.
& (2)

Employee State Insurance Act’ 1948

2. Every such worker shall be allowed insurance no.

on TIC Valid for 90 days. Then process again for
permanent ID. Card
1 Employee State Insurance Act’1948
3. UPL office shall keep copies of ESIC cards in the
records.

4. Check ESIC contributions with Wages register

through ESIC challan on monthly basis

5. Maintain register 7 for contribution

6. To maintain Accident book in form 15

7. Inspection book

8. Return of contributions in form 6

2 Contribution Period 1st April to 30 September And 1st October to 31st

March of the following year.

3 Accident in form 16 1. In case of Death – immediately

2. In ordinary cases – within 48 hrs.

Employee Provident Funds And M.P Act’ 1952

2. Eligibility Register-in this register the

employer records the particulars of every
2 To maintain the records/registers employee.

3. Provident fund Register-This register is in

the form of contribution cards for each
employee.

4. Provident fund Ledger-This register contains

the total monthly contribution

5. Inspection book

Every contractor must submit the copy of PF

challan on monthly basis including details
3 P.F. Challan Monthly mentioned behind the P.F. challan as name of
worker, P.F sub code of worker, contribution etc.
Contractor should maintain work wise monthly
P.F. Challan, ECR, CRN.

4 Returns 1. Monthly return in form 12 A, 5 & 10

2. Annual PF return in form ECR/CRN.
3. PF slips in form 23

Note: Those women employee who had already availed 12 weeks of maternity leave before enforcement of the
Maternity Benefit (Amendment) Act, 2017 i.e 1st April 2017, shall not be entitled to avail the extended benefit of the 26
weeks leave. But women who are already under maternity leave at the time of enforcement of this Amendment act can
avail the enhanced provisions.

Corporate Office: UPL House, W-24, Sector-11, Noida (U. P.) – 201 301
st
Registered office: H Block, 1 Floor, Dhirubhai Ambani Knowledge city,
Thane Belapur Road, Navi Mumbai -400710. Maharashtra.
CIN U45207MH1995PLC094719
(25)
Utility Powertech Limited
(A Joint Venture of Reliance Infra. Ltd. and NTPC Ltd.)
Anta Gas Power station, Anta, Dist Baran , Rajasthan-325209
Ph. No.: 07457-246104,
Ref: No.: UPL/ANGPP/2020/NIT-385 Date: 26.11.2020
moving at higher elevations. Safety nets shall also be provided for saving them from fall from heights and
such equipments should be in accordance with BIS Standards.
5. Wherever there is a possibility of falling of any material, equipment or workers while working at heights, a
suitable and adequate safety net should be provided . The safety net should be in accordance with BIS
Standards.
6. The contractor shall provide proper access like ladders etc., where the workers are required to reach
higher elevations and ensure the workers use them as an access for higher elevations where a permanent
access is not available. The workers shall be provided with safety belts fitted with suitable fall arresting
system (Fall arrestors)for climbing/getting down through ladders to prevent fall from height.
III. OPENINGS:
The contractor shall ensure that vessel, sump, tank, pit or opening in ground or in a floor which by reason
of its depth, situation, construction or contains or may be a source of danger at his workplace shall be
either securely covered or fenced and necessary measures for protection against falling materials/objects
or workers from such platform are taken by providing suitable safety nets, safety belts or other similar
means.
IV. FENCING OF MACHINERY:
The contractor shall not allow any worker to examine any part of the machinery or to carry out the
lubrication or other adjusting operation while the machinery is in motion. The workers working near the
machinery in motion shall be provided with tight fitting clothes as required under State Factories Rules.
V. SCAFFOLDINGS AND WORK PLATFORMS:
The contractor shall take all precautions to prevent any accidental collapse of scaffolding or working
platforms or fall of persons from scaffolding or working platforms. The CONTRACTOR shall ensure that
scaffolding erection and repairs are done under the expert supervising. The scaffolding shall meet the
required strength and other requirement for the purpose for which the scaffolding work platform is
erected. The material used for scaffold/work platform should conform to the BIS Standards.
VI. CONFINED SPACE :
1. No person should be allowed to enter any chamber, tank, wet, pit, pipe, flue or other confined space at his
work area in which any gas, fume, vapour or dust is likely to be present to such an extent as to involve risk
to persons unless it is provided with a manhole of the required size or other effective means of egress.
The contractor shall take practicable measures to remove any gas, fume, vapour or dust to bring it its limit
within the permissible limits and to prevent any risk to the workers.
2. No portable electric light or any other electrical appliances of voltage exceeding 24Volts shall be permitted
for use inside any chamber/tank wet, pit, pipe, flue or other confined space unless adequate safety
devices are provided where the inflammable gases, fumes or dust is likely to be present.
VII. HANDLING OF HAZARDOUS CHEMICALS & HAZARDOUS WASTE:
1. The contractor shall provide suitable personal protective equipments to the workers who are handling the
hazardous and corrosive substances including alkalis and acids.
2. As a precautionary measure the contractor should keep the bottles filled with distilled water in
cupboard/boxes near work place for emergency eye wash by worker exposed to such hazardous
chemicals.
VIII. RIGHT TO STOP WORK:
1. The Engineer-in-Charge shall have the right at his sole discretion to stop the work, if in his opinion the
work is being carried out in such a way that it may cause accidents and endanger the safety of the persons
Corporate Office: UPL House, W-24, Sector-11, Noida (U. P.) – 201 301
st
Registered office: H Block, 1 Floor, Dhirubhai Ambani Knowledge city,
Thane Belapur Road, Navi Mumbai -400710. Maharashtra.
CIN U45207MH1995PLC094719
(26)
Utility Powertech Limited
(A Joint Venture of Reliance Infra. Ltd. and NTPC Ltd.)
Anta Gas Power station, Anta, Dist Baran , Rajasthan-325209
Ph. No.: 07457-246104,
Ref: No.: UPL/ANGPP/2020/NIT-385 Date: 26.11.2020
and/or property, and/or equipments. In such cases, the contractor shall be informed in writing about the
nature of hazards and possible injury/accident and he shall comply to remove shortcomings promptly.
2. The contractor shall not be entitled for any damages/compensation for stoppage of work, due to safety
reasons and the period of such stoppage of work shall not be taken as an extension of time for Completion
of the Facilities and will not be the ground for waiver of levy of liquidated damages.
IX. OVERHEAD PROTECTION:
1. The contractor shall ensure that any area exposed to risk of falling materials, articles or objects is roped
off or cordoned off or otherwise suitably guarded from inadvertent entry of any person.
2. Wherever there is a possibility of falling of any material equipment or construction workers while working
at heights, a suitable and adequate safety net should be provided. The safety net should be in accordance
with BIS Standards.
X. EYE PROTECTION:
The contractor shall provide suitable personal protective equipment to his workmen depending upon the
nature of hazards and ensure their usage by the workers engaged in operations like welding, cutting,
chipping, grinding or similar operations which may cause injuries to his eyes.
XI. ELECTRICAL HAZARDS:
1. The contractor should ensure that all electrical installations/equipments used in O&M work area comply
with the requirements of latest electricity acts/rules.
2. The contractor shall take all adequate measures to prevent any worker from coming into physical contact
with any electrical equipment or apparatus, machines or live electrical circuits which may cause electrical
hazards during the construction work. The CONTRACTOR shall provide the sufficient ELCBs/RCCBs for all
the portable equipments, electrical switchboards, distributions panels etc. to prevent electrical shocks to
the workers.
3. The contractor should ensure use of single/double insulated/plastic body hand tools or low voltage i.e.110
Volts hand tools.
4. Wherever NTPC electrical & Mechanical Safety Rules prescribe, the CONTRACTOR shall not undertake any
work till the permit is obtained for the specific work in accordance with NTPC rules.
XII. LIFTING TOOLS & TACKLES:
The contractor shall use the lifting appliances, tools & tackles including cranes etc. lifting gear including
fixed or movable and any plant or gear, hoists, pressure plant and equipment etc. are in good condition
and examined by competent person and certified as per statutory requirements.
XIII. MEDICAL EXAMINATION:
1. The contractor shall get the medical examination conducted of all his employees including his sub-
contractor employees working in hazardous areas once before the employment and thereafter once in
every year by a qualified medical practioner as per the Factories Act,1948 and concerned State Factories
Rules. The necessary registers and records relating to the medical examination of all the employees should
be maintained and shown to NTPC Engineer in-Charge/Safety-n-Charge on demand.
2. If the contractor fails to get the medical examination conducted as mentioned above, NTPC will have the
right to get the same conducted by NTPC Medical Officer with intimation to the CONTRACTOR and deduct
the cost and overhead charges.
XIV. SAFETY ORGANISATION:
The major O&M contractors who are deploying number of agencies under his control should appoint at
least one qualified safety officer. The other terms with respective to appointment of number of safety
Corporate Office: UPL House, W-24, Sector-11, Noida (U. P.) – 201 301
st
Registered office: H Block, 1 Floor, Dhirubhai Ambani Knowledge city,
Thane Belapur Road, Navi Mumbai -400710. Maharashtra.
CIN U45207MH1995PLC094719
(27)
Utility Powertech Limited
(A Joint Venture of Reliance Infra. Ltd. and NTPC Ltd.)
Anta Gas Power station, Anta, Dist Baran , Rajasthan-325209
Ph. No.: 07457-246104,
Ref: No.: UPL/ANGPP/2020/NIT-385 Date: 26.11.2020
officers, qualifications, experience, duties and responsibilities etc. shall be in accordance to the concerned
State Factories rules. The other contractors site Incharge who is directly supervising the job should
undergo minimum two days safety training at any reputed institute or at NTPC training centre before start
of work and obtain the certificate. A copy of the certificate has to submit to Engineer-in-Charge of NTPC.
XV. REPORTING OF ACCIDENTS:
1. In case of any injury, the contractor shall send the injured person to NTPC Plant Hospital/Dispensary/First
Aid Centre, where the injured shall be given the first aid treatment and the quantum of permanent
disablement/temporary disablement shall be assessed to ensure payment for compensation to be paid, by
the contractor to the victim.
2. In case the subsequent treatment is given in other than NTPC Hospitals, the contractor shall submit full
information about the treatment of injured persons including his address etc. till the injured persons is
certified fit by any Govt./NTPC Doctor. He shall submit such record to NTPC Safety Deptt. within 15 days of
certified fit by Doctor as above.
3. The contractor shall report immediately about the serious injury/ fatality in his work area to the local
police station, District Magistrate, Safety Officer-in-Charge and Engineer-in-Charge. Within 2 hours of
occurrence he shall submit full details of accident in writing to Safety Officer-in-Charge and Engineer-in-
Charge on the prescribed format. In case of near miss accidents/minor injury, he shall report the same to
Safety Officer In charge and Engineer Incharge immediately after referring the injured to NTPC Plant
Hospital/Dispensary/First Aid Centre.
4. Whenever asked by NTPC, the contractor shall send his employees to depose in any enquiry arising out of
any injury/fatality/loss etc. without any reservation.
XVI. PERSONNEL PROTECTIVE EQUIPMENTS:
1. The contractor shall provide safety helmets to all his employees including contractor labour of his sub
contractor to prevent a danger of falling object. Whenever any worker is engaged on a work at a place
from which he is liable to fall more two meters shall be provided with Safety belt equipped with lifelines,
which are secured to a fixed structure. A competent person to ensure that no belt or lifeline that is not in
good condition is used shall examine all safety belts and lifelines at frequent interval.
2. Where the workers are exposed more than to the noise levels specified in the concerned State Factories
Rules be provided with suitable ear plugs/ear muffs so as to reduce the exposure below high noise level.
3. Personal Protective Equipments as prescribed in the Factories Act and /or State Factories Rules, the
CONTRACTOR shall provide to the workers. In case the Factories Act/State Factories Rules do not specify
the personal protective equipments for the concerned work, the personal protective equipments
prescribed by NTPC Engineer-in-Charge shall be provided by the CONTRACTOR. The quality of the personal
protective equipments shall be as prescribed in concerning Indian Standards. In case, the Indian standards
do not exist for particular personal protective equipment, the approval of quality shall be obtained from
Engineer-in-Charge/Head of Safety. It will be the responsibility of CONTRACTOR to ensure that all his
employees use these equipments without fail.
4. In case NTPC officials find that the employees of contractors working in NTPC without use of appropriate
safety equipments(personal protective equipments) NTPC shall have a right to issue the equipment to the
workers with intimation to the contractor and deduct the cost and overhead charges as mentioned in the
terms of the contract.

a) For fatal accident/injury causing death Penalty @ 10% of the contract value or Rs.5.0
lacs whichever is less for each fatal
accident/injury causing death
b) Major injury or accident causing 25% or Penalty @ 2.5% of contract value or Rs.1.00 lac
more permanent disablement to whichever is less for each disablement injury.
workmen
3. Permanent disablement shall have the same meaning is indicated in Workmen's Compensation Act 1923.
The penalty mentioned above shall be in addition to the compensation payable to the
workmen/employees under the relevant provisions of the workmen's compensation act and rules framed
there under or any other applicable laws as applicable from time to time.
4. IF any contractor worker found working without using the safety equipment like safety helmet, safety
shoes, safety belts etc. or without anchoring the safety belts, while working at height the Engineer-in-
Charge/Safety Officer of NTPC shall have the right to penalise the contractor for Rs.200/-per person per
day and such worker shall be sent out of the workplace immediately and shall not be allowed to work on
that day. Engineer-in-Charge/Safety officer of NTPC will also issue a notice in this regard to the contractor.

Use personal protective equipments as per job requirement compulsorily:

Following is the list of personal protective equipments for various work / work site:-

01. Industrial Safety Helmet : For protection of Head.

02. Safety Goggles : For protection of Eyes.
(Grinding /Welding/Leather mask /
Panorama Goggles etc.)
03. Face shield (Half or full) : For Face protection
04. Ear plug / Ear muffs : For ears
05. For body protection : Apron (Rubber/PVC/Asbestos/Leather/ Cotton)
06. Gloves (Rubber/PVC/Asbestos/Leather/ : For protection of hand.
Cotton / Electrical shock proof)
07. Leg Guards / Industrial Safety Shoes / : For protection of legs & feet.
Gum boots / Leather Shoes / Asbestos shoes.
08. Safety Belt / Safety Rope/Life line : For working at heights or depth,
Working in vessel or in confined space.
09. Dust Respirator / Scarf : Protection of respiratory system in dust-prone area.
10. Chemical cartridge Respirators : Protection against smoke, chemical fume, vapours etc.
11. Canister Gas masks : Protection against toxic gases.
12. Air supply respirators : Working in oxygen deficient zone.

NOTE: All PPEs shall be as per IS Specification as applicable to each items, as stated below;
Sl. No. Component IS Specification
1. Safety Shoe : IS 15298 (Part-2) 2011/ISO 20345:2004.
2. Safety Helmet: IS 2925 : 1975
3. Hand gloves : IS 994 : 1993 Part-I
4. Plain Goggles : IS 2553 : 1997.
Please refer the Technical Specification of safety shoes (Mechanical/Electrical) and helmet and names of
companies / brands, (available in UPL office before purchase), which are specified by national safety
council.
Corporate Office: UPL House, W-24, Sector-11, Noida (U. P.) – 201 301
st
Registered office: H Block, 1 Floor, Dhirubhai Ambani Knowledge city,
Thane Belapur Road, Navi Mumbai -400710. Maharashtra.
CIN U45207MH1995PLC094719
(30)
Utility Powertech Limited
(A Joint Venture of Reliance Infra. Ltd. and NTPC Ltd.)
Anta Gas Power station, Anta, Dist Baran , Rajasthan-325209
Ph. No.: 07457-246104,
Ref: No.: UPL/ANGPP/2020/NIT-385 Date: 26.11.2020

UPL Policy & Procedure for Withholding and

Banning of Business Dealings
(Please refer total document in site office)
1. Introduction

1.1 Utility Powertech Limited (UPL) deals with Agencies, who are expected to adopt ethics of highest
standards and a very high degree of integrity, transparency, commitments and sincerity towards the work
undertaken. It is not in the interest of UPL to deal with any Agency who commit deception, fraud or other
misconduct of whatsoever nature in the tendering process and/or execution. UPL is committed for timely
completion of the assigned jobs by its client within the awarded value without compromising on quality.
1.2 Since suspension/banning of business dealings involves civil consequences for an Agency concerned it is
incumbent that adequate opportunity of hearing is provided and the explanation, if tendered, is considered
before passing any order in this regard keeping in view the facts and circumstances of the case.

2. Scope

2.1 UPL reserves its right to withhold or ban business dealings with any Agency, if such Agency is found to
have committed misconduct or any of its action(s) fall into any such categories as laid down in this policy.

2.2 The procedure for (i) Withholding and (ii) Banning of Business Dealing with any Agency, has been laid
down in these guidelines.

3. Definitions
In these Guidelines, unless the context otherwise requires:

i) Agency shall mean UPL Enlisted Agencies / Contractor / Supplier / Purchaser / Bidder approved Sub-
contractor of a Contractor to whom work has been awarded.

ii) Competent Authority shall mean CEO of UPL.

iii) ‘Investigating Department’ shall mean any Department or Unit of UPL, investigating into the conduct of
the Agency and shall include the UPL Surveillance Department.

iv) List of Enlisted Agencies –shall mean and include list of Enlisted Parties / Contractors / Suppliers / Bidders,
etc of UPL.

v) Fraud Prevention Policy – shall mean the policy related to prevention of fraud implemented by UPL.

4. Withholding of business dealings

4.1 Grounds

The business dealing with the Agency may be withheld, if they are found to be in breach of the terms & conditions
of the Contract, on account of the reasons attributable to them, which shall include, but not be limited to the
following if the Agency:-

a. Either fails to commence work on the Facilities in terms of contract or suspends the progress of Contract
performance.

b. Fails to achieve `Completion of contract within time schedule stipulated in the contract.

c. Suspends/stops work on any unfounded pretext including seeking higher compensation.

d. Utilizes funds advanced to any to the Contractor for purpose other than the Contract.

e. Does not deploy or withdraws the manpower or equipment considered necessary as per the terms &
conditions of contract.

f. Fails to furnish the required documents / information as required under the terms & conditions of
contract.

g. Does not fulfill the obligations as required under the Contract.

h. Does not pay wages, PF, ESI & benefits to worker reportedly engaged under contract.

i. Does not deploy required number of manpower.

j. Does not provide PPEs to its workers as per terms of contract.

k. Follows unsafe practice in execution of contract.

l. Violates terms & conditions of the contract.

n. On prima-facie scrutiny, work executed its found to be of poor quality below acceptable limits stipulated
in the Technical Specifications.

o. If a disaster / major failure / accident / collapse of a structure/ system caused during erection or during
defect liability period prima facie appears to be due to negligence of contractor or poor quality of execution.

p. Assigns, transfers, sublets or attempts to assign, transfer or sublet the entire works or any portion thereof
without the prior written approval of the UPL.

q. Misbehavior or physical manhandling by the Agency or its representative or any person acting on his
behalf with any official of the company dealing with the concerned contract.

r. If UPL prima-facie is of the view that the Agency is guilty of an offence involving corrupt, fraudulent
practices including misrepresentation of facts as per UPL’s Fraud Prevention Policy, moral turpitude in relation to
the business dealings.

s. Willfully creates unpleasant situation leading to hindrance in tendering process.

t. If NTPC / other Clients of UPL recommend such a course in respect of a case under their investigation.

u. If the security consideration, including questions of loyalty of the Agency to NTPC / other clients of UPL so
warrants;

v. The finished work either prematurely fails or fails to give the desired output/service during the defect
liability period and the Agency fails to rectify it.

w. On any ground as per which doing business dealings with the Agency is not as per interest in the opinion
of Competent Authority.

4.2 Procedure
4.3 Area of Operation
A decision to withhold business dealing with any agency for any site /H.O. awarded contracts shall be restricted to
such sites/HO of UPL. For site /HO wise withholding the business dealing of any agency, show cause notice and
circular for such withholding shall be issued by HO after vetting by Law Department/Law Officer and approval of
Competent Authority under intimation to Surveillance Department. To control the liabilities of UPL against the
Corporate Office: UPL House, W-24, Sector-11, Noida (U. P.) – 201 301
st
Registered office: H Block, 1 Floor, Dhirubhai Ambani Knowledge city,
Thane Belapur Road, Navi Mumbai -400710. Maharashtra.
CIN U45207MH1995PLC094719
(33)
Utility Powertech Limited
(A Joint Venture of Reliance Infra. Ltd. and NTPC Ltd.)
Anta Gas Power station, Anta, Dist Baran , Rajasthan-325209
Ph. No.: 07457-246104,
Ref: No.: UPL/ANGPP/2020/NIT-385 Date: 26.11.2020
contractor’s/vendor’s and to control the liabilities of persistent default in wage payment and/or statutory
compliances UPL will encash the Additional performance guarantee (APG) and /or any other guarantee of the
agency/ vendor available with UPL.

4.4 Effect during the period in which Withholding of Business dealing is contemplated against the
vendor/agency by UPL and effect of withholding.

Effect of Withholding
“The Agency, after issue of order of withholding of business dealings, would not be allowed to participate in any
future tender enquiry and if the Agency has already participated in any tender process and the price bids are not
opened, his techno-commercial bid will be rejected and price bid will be returned unopened. However, where the
price bids of Agency have been opened prior to order of withholding, bids of the Agency shall not be rejected. Also
in open tender cases, tender enquiry/tender documents shall not be issued to defaulter vendors. In case of E-
tendering if a defaulter vendor has purchased the tender documents on line, his bid shall not be considered for
opening under this tender.” Effective date of withholding of Business dealing and banning of Business dealing with
the agency/bidder/vendor shall be from the date of issue of the banning order /letter for this effect to the
agency/bidder/vendor
4.5 Duration of Withholding
Duration of withholding the Agency shall be for a period of 6 months. Within this period, if the Agency rectifies the
reason / ground on which the Agency has been withheld, to the satisfaction of the Competent Authority, then on
written representation of the Agency, the Competent Authority can review and if satisfied, may revoke the order
of withholding of business dealing. Provided further that, even till completion of 6 month of withholding period, if
the Agency does not rectify, then the Competent Authority after reviewing the situation may issue order
extending the period of withholding for 6 months or one more year or advise initiation of action for banning of
business dealings with Agency in accordance with the procedure prescribed in Para 5.2 below.
4.6 Revocation of Orders
An order for withholding of business dealing passed for a certain specified period, including extension thereof,
shall not be revoked automatically. Such withholding shall be revoked only after order in this respect is issued with
the approval of Competent Authority.
5. Banning of business dealings
5.1 Grounds on which Banning of business dealings can be initiated
Banning of business dealings can be initiated against Agency, on following grounds:-
a) If the Agency fails to accept the award of contract or has abandoned or repudiated the Contract.
b) If the Contractor is found to be non-performing in execution of contract by RM/Engineer-in charge of UPL.
c) If a disaster / major failure / accident / collapse of a structure / system is caused during execution of
contract and defect liability period due to negligence of contractor or poor quality of execution.
d) Misbehavior or physical manhandling by the Agency or his representative or any person acting on his
behalf with any official of the Company and / or its client dealing with the concerned contract is established.

o) Based on the findings of the investigation report of UPL Client against the Agency for malafide/unlawful
acts or improper conduct on his part in matters relating to the Company (UPL) or even otherwise.
p) If the Agency is declared bankrupt or insolvent or its financial position has become unsound, and in the
case of a limited company, it is wound up or liquidated.
q) Established litigant nature of the Agency to derive undue benefit.
r) Continued poor performance of the Agency.
s) If the Agency commits fraud as defined under the Fraud Prevention Policy of UPL.
t) If the Agency has assigned or transferred the contract or engaged subcontractor(s) without the prior
approval of the Competent Authority in violation of the provisions of the contract.
u) If the Agency misuses the premises or facilities of the UPL/Client forcefully occupies, tampers or damages
the Company’s properties including land, water resources, forests / trees, etc.
v) If the security consideration, including questions of loyalty of the Agency to the state, so warrants.
w) If the agency willfully creates unpleasant situation leading to hindrance in tendering process.
(Note: The examples given above are only illustrative and not exhaustive. The Competent Authority may decide to
ban business dealing for any other good and sufficient reasons).

(a) For Site Packages where banning is proposed at Site

The concerned department on noticing any non/under performance and/or irregularities and/or misconduct
and/or unethical practice as mentioned above, shall refer the case to Nodal officer of site along with relevant
details. The Nodal officer of site shall analyze the referred case and put up the case to Nodal officer of Head Office
and Nodal Officer of Head Office shall refer the case to Surveillance Department and if the case considered
appropriate, Surveillance Department shall put up the proposal for issuing Show Cause Notice for the purpose of
banning of business dealings with the Agency for approval of the Competent Authority.

The Show Cause notice to be issued to the Agency should be legally vetted and should clearly indicate the charges
based on the facts as can be proved.

In case the Surveillance Department recommends waiver of banning of business dealings with the Agency, the
proposal along with reasons thereof shall be put up for approval of the Competent Authority.

(b) For Site Packages where Region wide banning is proposed

For Site cases, if the gravity of the misconduct is such that it would not be in the interest of the concerned Region
as a whole to deal with such an Agency, the Surveillance Department may put up the recommendation to
Competent Authority.

(a) For Site Packages where Company wide banning is proposed

For Site cases, if the gravity of the misconduct is very serious and it would not be in the interest of UPL as a whole
to deal with such an Agency, the Surveillance Department may put up his recommendation to Competent
Authority.
Show Cause notice to be issued to the Agency should be legally vetted and should clearly indicate the charges
based on the facts as can be proved.
In case the Surveillance Department recommends waiver of banning of business dealings with the Agency, the
proposal along with reasons thereof shall be put up for approval of CEO.
All the above proposals shall be routed through Surveillance Department of UPL.
5.3 Show Cause Notice
5.4 Speaking Order
5.5 Communication to Agencies
5.6 Period of Banning

In case the information/documents submitted by Agency in competing for the tender found to be false/forged
then UPL, without prejudice to any other rights or remedies it may possess, shall recover from Agency the cost
incurred in carrying out physical assessment for establishing veracity of such information/documents. In case
Agency refuses to reimburse such cost to UPL then banning period of Agency shall be extended by another one
year.

5.7 Area of Operation

5.8 Effect of Banning
The Agency, after issue of the order of banning of business dealings, would not be allowed to participate in any
future tender enquiry and if the Agency 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 returned unopened. However, where the
price bids of Agency have been opened prior to order of banning, bids of Agency shall not be rejected.
5.9 Process of reply
5.10 Hosting at UPL website
5.11 Dealing with court cases related to banning
5.12 Appeals against the Decision of the Competent Authority.
The Agency may file an appeal against the order of the Competent Authority banning of business dealing before
Appellate CEO/UPL. Such an appeal shall be preferred within one month from the date of receipt of the order of
banning of business dealing. Appellate Authority (CEO) would consider the appeal and pass appropriate order
which shall be communicated to the Agency as well as the Competent Authority.
5.13 Revocation of Orders
a) The banning under shall not be revoked automatically. Such banning shall be revoked only after re-
evaluation of the performance of the Agency by the CEO, UPL.

b) In all other cases, an order for banning passed for a certain specified period shall be deemed to have been
automatically revoked on the expiry of that specified period and it will not be necessary to issue a specific formal
orders of revocation, except that an order of banning passed on account of doubtful loyalty or security
consideration shall continue to remain in force until it is specifically revoked.

c) An order of banning for the reasons mentioned at para 5.1 (e) above may be revoked if, in respect of the
same facts, the accused has been wholly exonerated by a Court of Law.

6.0 Participation of Agency under Different Name

7.0 Further in case of banning/withholding following would also be applicable:

(i) Participation of Agency as an Associate/Collaborator of the Main Contractor
Where Stage-I (Two Stage Bidding) / Envelope-I Techno-Commercial bids (Single Stage Two Envelope
Bidding) bids have been opened prior to banning/withholding of Agency and such Agency has been proposed as
Associate/Collaborator by any of the bidders, in such cases the tendering process shall not be annulled on this
ground and the Agency shall be permitted to continue as Associate/Collaborator for such bidding.

However where opening of Stage-I bids (Two Stage Bidding) / Envelope-I Techno-Commercial bids (Single
Stage Two Envelope Bidding) has not taken place prior to banning/withholding of Agency then in such case Agency
shall not be permitted to participate as Associate/Collaborator in such bidding.

(ii) Participation of Agency as an approved Sub-Vendor of the Main Contractor

After banning/withholding order, Agency shall be allowed to participate as Sub-Vendor in the tenders for
supplying/manufacturing equipment (s)/component (s), provided banning/withholding has not been done for
reasons concerning the acceptance of such equipment(s)/component(s) on grounds of underperformance/inferior
quality/use of sub-standard material etc.

However where Stage-I bids (Two Stage Bidding) / Envelope-I Techno Commercial bids (Single Stage Two Envelope
Bidding) have been opened or where contracts has been awarded prior to banning/withholding order,
participation of Agency in such bidding/contract as an approved Sub-Vendor shall not be affected by such order.

1. SCOPE OF POLICY:
The policy applies to any fraud, or suspected fraud involving representatives of vendors, suppliers,
contractors, consultants, service providers or any outside agency (ies) doing any type of business with
UPL.

2. DEFINITION OF FRAUD:
“Fraud” is a wilful act intentionally committed by an individual (s) - by deception, suppression,
cheating or any other fraudulent or any other illegal means, thereby, causing wrongful gain(s) to self
or any other individual (s) and wrongful loss to other(s). Many a times such acts are undertaken with
a view to deceive/mislead others leading them to do or prohibiting them from doing a bonafide act or
take bonafide decision which is not based on material facts”.

3. ACTIONS CONSUTITUTING FRAUD:

While fraudulent activity could have a very wide range of coverage, the following are some of the
act(s) which constitute fraud.
The list given below is only illustrative and not exhaustive.
i. Forgery of alteration of any document or account belonging to the company/vendors.
ii. Forgery or alteration of cheque, bank draft or any other financial instrument etc.
iii. Misappropriation of funds, securities, supplies or others assets by fraudulent means etc.
iv. Falsifying records such as pay rolls, removing the documents from files and / or replacing it
by a fraudulent note etc.
v. Wilful suppression of facts/deception submission of reports, as result of which a wrongful
gain (s) is made to one and wrongful loss (s) is caused to the others.
vi. Authorizing or receiving payments for goods not supplied or services not rendered.
vii. Destruction , Disposition, removal of records or any other assets with and ulterior motive to
manipulate and misrepresent the fact so as to create suspicion/ suppression/ cheating as a
result of which objective assessment /decision would not be arrived at.
viii. Any other act that falls under the gamut of fraudulent activity.

4. REPORTING OF FRAUD:
I. Any representative of vendors , suppliers, contractors, consultants, service providers or any other
agency(ies) doing any type of business with UPL as soon as he/she comes to know of any fraud
suspected fraud or any other fraudulent activity must report such incident (s). Such reporting shall
be made to the designated Nodal officer(s), nominated in every Site/H.O. The reporting of the
Corporate Office: UPL House, W-24, Sector-11, Noida (U. P.) – 201 301
st
Registered office: H Block, 1 Floor, Dhirubhai Ambani Knowledge city,
Thane Belapur Road, Navi Mumbai -400710. Maharashtra.
CIN U45207MH1995PLC094719
(39)
Utility Powertech Limited
(A Joint Venture of Reliance Infra. Ltd. and NTPC Ltd.)
Anta Gas Power station, Anta, Dist Baran , Rajasthan-325209
Ph. No.: 07457-246104,
Ref: No.: UPL/ANGPP/2020/NIT-385 Date: 26.11.2020
fraud normally should be in writing. In case the reporter is not willing to furnish a written
statement of fraud but is in a position to give sequential and specific transaction of
fraud/suspected fraud , then the officer receiving the information/ Nodal Officer should record
such details in writing as narrated by the reporter and also maintain the details about the identity of
the person reporting such incident. Reports can be made in confidence and the person to whom the
fraud or suspected fraud has been reported must maintain the confidentiality with respect to the
reporter and such matter should under no circumstances be discussed with any unauthorized
person.
II. All reports of fraud or suspected fraud shall be handled with utmost speed and shall be coordinated
by Nodal Officer(s) to be nominated.
III. After receiving input about any suspected fraud, nodal officer (s) shall ensure that all relevant
records documents and other evidence is being immediately taken into custody and being protected
from being tempered with, destroyed or removed by suspected perpetrators of fraud or by any
other official under his influence.

5. INVESTIGATION PROCEDURE:
The “Nodal Officer” shall refer the details of the fraud /suspected fraud to the surveillance
department of UPL for further appropriate investigation and needful action.
6. RESPONSIBILITY FOR FRAUD PREVENTION:
Every representative of vendors , suppliers, contractors, consultants, service providers or any other
agency(ies) doing any type of business with UPL, is expected and shall be responsible to ensure that
there is no fraudulent act being committed in their areas of responsibility / control. As soon as it is
learnt that a fraud or suspected fraud has taken or is likely to take place they should immediately
apprise the same to the concerned as per the procedure. All bidders /service providers /vendors /
consultants etc. Shall be required to certify that they would adhere to the fraud prevention policy of
UPL and not indulge or allow anybody else working in their organisation to indulge in fraudulent
activities and would immediately apprise the orginization of the fraud /suspected as soon as it comes
to their notice.
These conditions shall from part of documents both at the time of submission of bid and agreement of
execution of contract.

7. ACTION IN CASE FRAUD IS ESTABLISHED:

I. For contractors, vendor and other agencies:-
Banning of business with contractor, vendor and agency from one year to three years as per
severity of the case and/ or as per terms and conditions of the contract.

5.4 PREAMBLE TO BILL(S) OF QUANTITIES/SCHEDULE OF ITEM OF WORK:

1. The bill of quantities is/are to be read in conjunction with the form of tender, general &
Particular Specification, General & Special Conditions of contract & Drawing etc. These
documents shall be jointly complimentary to each other.
2. Renderer’s are advised to go through the tender provisions carefully and quote their rates
taking into account all the various provisions and factors incidental there upon. No claim
shall be entertained at a later date on any assumption(s) made by tenderer which are not
specifically brought out by tenders at the time of submission of tender.
3. The drawings, if attached with these documents are for the purpose of only giving the
tenderer the general idea of the nature and extent of works to be executed. The rate
quoted by the tenderer shall be deemed to be for execution of work in accordance with
construction drawings (to be supplied later) as per the General Conditions of Contract(s)
taking into account the design aspect of these drawings.
4. The rate inserted in the bill (s) of quantities shall also be deemed to be for the full inclusive
value of the work described under several items including all costs and expenses which
may be required for the construction and full protection to the work described, together
with all general rates involved liabilities and obligations set forth or implied documents on
which the tender is based.
5. The quantities of work shown in the bill of quantities(ty) are/is approximate and shall not
be considered to be limiting the scope of work in any way. Work shall be measured on
completion and paid at the rates quoted in bill of quantity/ies under the relevant item of
work.
6. General Conditions and description of work and materials given elsewhere in the tender
documents are not necessarily repeated in the bill(s) of quantities.
7. Unless otherwise specified in the description of items of work in bill(s) of quantities, the
rate quoted by the tenderer shall be for all heights and depths.
8. The tenderer will be held to have visited the site before submitting his tender and to have
examined for himself the conditions under which the work will be carried out, including
labours and materials procurement and to have studied the items of bill of quantities, the
specifications and the drawings and to have satisfied himself that the rates quoted by
him/them provided for all minor accessories and contingent services necessary for the
work described even though they are not specifically defined therein, Where the
specifications for item of work to be executed under this contract are not available in these
documents the latest I.S. specifications and code of practice shall be followed.
9. Wherein the tenderer finds difficulty in understanding implications of any of the provisions
in the tender documents he should get the clarifications required by him from the authority
issuing the tender documents before submitting the tender. No claim shall be entertained
at a later date for any assumption/presumption made by him.
10. The technical specifications for this work have been attached with these documents. They
form the part of this tender. It will be taken that the specifications have been read and
examined and no claim on this accounts shall be entertained at a later dated.

5.5 DECLARATION

(TO BE FILLED IN BY THE TENDERER, SIGNED AND SUBMITTED ALONGWITH TENDER

PAPERS)

I/ We hereby declare that I/We or partners or Directors of our concern do not have any such person
under my/our employment who has retired / resigned / removed / dismissed from UPL during the last two
years.
OR
I/ We hereby declare that I/We or partners or Directors of our concern have the following under my/our
employment who has/have retired/resigned/removed/dismissed from UPL during the last two years.
___________________________________________________________________________________
Sl. No. NAME OF PERSONS DATE OF LEAVING
___________________________________________________________________________________

___________________________________________________________________________________

I/ We hereby declare that I/ We or partners or Directors are not related to any employee of UPL.
OR
I/ We hereby declare that the following persons employed in UPL any other UPL Project/ Station are
related to me/ us or partners or directors of our concern as per details indicated.
___________________________________________________________________________________
SL. NO. NAME OF PERSON DESIGNATION & NAME RELATIONSHIP___________
OF PROJECT OR OFFICE
OF UPL AS ABOVE
___________________________________________________________________________________

___________________________________________________________________________________
NOTE:-The near relative shall include wife, husband, parents and Grand parents, children & Grand
Children, Brothers & Sisters, Uncles, Aunts & Cousin and their corresponding in-laws.
WITNESS:

SIGNATURE (SIGNATURE OF TENDERER)

NAME

NAME: 1. please tick whatever is applicable and Delete/ cut whatever

is not applicable
PLACE: 2. Please attach extra sheet, if required.
DATE :

Annexure-M

CONTRACT AGREEMENT
This agreement made this _______________ day of _________________ between M/s UPL, a company
incorporated under companies Act, 156, having its Head Office at “UPL House” W-24, Sector-11, Noida – 201 301
(U. P.) its Project Site at……………… (thereinafter referred to as the Owner / UPL) which expression shall unless
repugnant to the context or meaning thereof includes its administration, successors and assigns of the one part,
AND M/s _______________________________________________ having its Head
Office at _________________________________________________________ (a firm registered under
partnership act and consisting of S/Shri _________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________
as partners) hereinafter referred to as the contractor which expression shall unless repugnant to the context or
meaning thereof includes its administrators, successors and permitted assigns on the other part.

WHEREAS THE OWNER is engaged in setting up its ………….. Utility Powertech Limited Distt. (hereinafter
called the project) and WHEREAS THE OWNER invited tenders and accepted the offer of the contractor and after
negotiations decided to award the job
of______________________________________________________________________
_____________________________________________________________________________________________
_________________________________________________________
For Utility Powertech Limited, Site Name……………. as per terms & conditions of the contract
specified hereinafter and in the contract documents referred to herein below:

NOW THIS AGREEMENT WITNESSTH AS FOLLOWS

1.0 The terms and expressions shall have the same meanings as are respectively assigned to
them in the contract documents attached herewith and referred to in succeeding Para 2.0.
2.0 The contractor has agreed to execute the job of ________________________________
_____________________________________________ for the owner at the project site in
accordance with specifications, terms & conditions contained in the following documents
attached herewith which shall be deemed to form and read as in integral part of this
Agreement viz.
(a) UPL Awarded letter No. _______________________________________(Annexure-1)
(b) General Conditions of Contract (Annexure – II)
2.1 The time is the essence of the contract, the time of completion is ________ months, and
shall be reckoned from the date of commencement of the contract, which is ___________.
3.0 In consideration of the payments to be made to the contractor for the works to be executed
by him the contractor shall provide, execute and complete the said works as per
specifications and plans, as per the terms of the contract and within the time indicated herein
and its proper maintenance during the defect liability period thereafter, perform all other
acts, and things in the contract mentioned or which are to be implied there from or may be
reasonable and necessary for completion of the said works and at the time and in the matter
and subject to terms & conditions mentioned in the contract Documents.
4.0 In consideration, of all due provisions, execution and completion of the said works, the
owner does hereby agreed to pay the contractor Rs. ___________ (Rupee
__________________________________________________________________ only)
approximately, as worked out on the basis of finally agreed rates for the works to be
performed by him at the time and in the manner prescribed in the contractor documents. The
contractor shall submit running bills once in a month and the owner shall release payment
normally within 21 days of the date of submission of the bills.
5.0 The UPL shall arrange, to the extent possibly, supply of owner issue materials as per bid
documents. However, non-supply of these items by the owner shall not relieve the
responsibility of the contractor for timely completion of the work as per schedule. The
contractor shall pay the sums as may be due to the owner for the materials and services, if
any, rendered by the owner to the contractor, as per terms & conditions of expressed or
implied and such payments shall be made by the contractor to the owner.
6.0 The contractor shall be liable to execute the contract personally and shall not assign or
subject the contractor or any part thereof, without the written and express consent of the
owner. The contractor undertakes to comply with the labour legislation as applicable to its
employees and shall indemnify the owner, if the owner is held liable to pay any amount for
the CONTRACTOR’S employees.

8.0 The contractor shall be bound by provisions of FRAUD PREVENTION POLICY, to the extent
applicable.

IN WITNESS where of the parties here to have signed the Agreement at Project Site …………… on
the day.
SIGNED & DELIVEREE FOR AND ON BEHALF OF UTILITY POWERTECH LIMITED

THROUGH (SIGNATURE)

In the presence of

Witness 1. ______________

Witness 2. ______________

SIGNED & DELIVERY FOR AND ON BEHALF OF M/s___________________________

THROUGH (SIGNATURE)

At Project Site……….. in the presence of:

Witness 1. ______________

Witness 2. ______________

Dear Sir,

1.0 I / We have read and examined the following bid documents relating to the __________________
____________________________________________________________ (Full Scope of work).

1.1 Notice inviting Tender : ___________________________ Dt. _ /_ /__ .

1.2 Conditions of Contract for Civil works / O&M works containing sections Notice inviting Tender &
General Conditions of Contract (GCC) for Civil works/ General Terms and Conditions for other
works
1.3 Observation of Labour Laws,
1.4 Safety clauses ,
1.5 Fraud prevention policy
1.6 Special conditions of Contract along-with Annexure(s).
1.7 Drawing No(s).
1.8 Technical Specifications.
I/ We hereby submit our tender and undertake to keep our tender valid for a period of 120 days from the
date of opening of tenders i.e. up-to ……………….. I/We hereby declare that no deviation is taken by us.
In case any deviation is found to be taken by us then our bid may be rejected. I/We shall not vary/ alter or
revoke my/ our tender during the validity period of tender. This undertaking is in consideration of UPL
agreeing to open my/ our tender, consider and evaluate the same for the purpose of award in terms of
provisions of tender documents. Should this tender be accepted, I/ We also agree to abide by fulfill and
comply with all the terms and conditions and provisions of the above mentioned tender documents.

That we authorised signatory of M/s ………………………………………………………., a sole proprietor /

partnership firm / company, do hereby declare and undertake that we are participating in this proposal in
the name of aforesaid proprietorship / partnership firm/ company and our no other proprietorship /
partnership firm/ company is participating in this contract.

That it is also declared and undertaken that this proposal is made without any connection with any other
person / proprietorship/ partnership firm / company other than mentioned above nor any other person /
proprietorship / partnership firm / company have any interest in this proposal or in the contract to be
entered onto, if award is made to us.

That it is further declared and undertaken that this proposal is made in good faith, without any collusion
or fraud.

Dated this ………………………. Day of ………………….2020

Signature along with seal of the Company

---------------------------------------------------
(Duly authorised to sign the tender on
behalf of the Tenderer)
Name:

Designation:

Name of Company (BLOCK LETTERS)

WITNESS :

Signature : Date :
Date : Postal Address :
Name & Address : Telegraphic Address :
Telex No.

CERTIFICATE

To,

M/S UTILITY POWERTECH LIMITED

(A JV of NTPC Ltd. & Reliance Infrastructure Ltd.)
UPL House, W-24, Sector-11,
NOIDA (U. P.) – 201 301.

Dear Sir,

I/We hereby certified that I/We read and understand the provisions of FRAUD prevention policy and
agree to abide by the FRAUD prevention policy of UPL

Signature along with seal of the Company

---------------------------------------------------
(Duly authorised to sign the tender on
behalf of the Tenderer)
Name:
Designation:
Name of Company (BLOCK LETTERS)

Tender Proposal Ref. _____________________ Dated:

Tenderer’s Name & Address: _______________________________________________

_______________________________________________

Phone No.:___________________

Telex No.: ___________________

Gram : ___________________

To,
_________________________

_________________________

Dear Sir,

Sub : Proposal for the work of _________________________________________________________

Due for opening on _ against your Notice No. ______________

We, the undersigned bidder having read and examined in details the tender documents for the subject
work to be carried out against your above referred tender inquiry do hereby submit this proposal. We
declare that the letter of award if awarded to us shall be strictly executed in accordance with your tender
document except for the variations and deviations, all of which have been detailed out exhaustively in the
deviations scheduled and attached to the proposal. We agree that any additional conditions if found in
the proposal other than those stated in deviations schedule except those pertaining to any rebate offered
shall not be given effect to. We also confirm that our offer shall remain valid for a period of 120 days from
the date of opening of the tender.
We further , confirm that the price schedule has been fully filled, signed and stamped and has been
enclosed with this proposal. We also confirms compliance with the completion period indicate in the
tender notice /documents.
Thanking you,
Yours faithfully,

Name : ___________________

Designation : ______________

Signature : ______________

Company Seal: ____________

No Suspension Certificate
(To be submitted on company letter pad)

To,
M/s. UTILITY POWER TECH LTD, ANTA
(A Joint venture of Reliance Infrastructure Ltd and NTPC LTD).

P.O. Anta, Dist. - Baran (Rajasthan)-325209

E-mail: anta@uplmail.com

Declaration
We hereby declare that our firm has not been banned/suspended/blacklisted by any organization in the last
three years.

The above declaration is true with the best of our knowledge and we will be totally responsible if the
above declaration is found false.

Date:
Place:

Signature along with seal of the Company

DECLARATION
(To be submitted on company letter pad)

From 2nd RA Bill to Pre-final bill:

5.1.3 Actual deployment of persons/workmen and their attendance.

5.1.4 Proof of payment to workmen/personnel for previous month/billing period latest by 7th day of each
month in their bank account.
5.1.5 Statutory payments to persons/workmen and compliance such as PF, ESI with documentary
evidence and its verification by HR Executive of M/s. Utility Powertech Ltd. (UPL).
5.1.6 In case contractor’s failure to disburse the wages by 7th day of month, UPL shall directly pay the
wages, other statutory obligations and charge from the contractor 10% along with applicable GST on the
amount paid, as UPL’s overheads from their pending/future bills/amounts due anywhere at UPL offices
and as a last resort through legal action.
5.1.7 Full compliance of GST charged from UPL and deposited to Tax authority as per applicable time
schedule fixed by GST authority to be verified by UPL finance executive at respective locations.
5.1.8 Payment of RA bills shall be made by 21 days from the submission of bill complete with above
documents listed by UPL (duly confirmed by contractor & verified by UPL officers).

5.2 Final Bill:

The final bill shall be submitted by the contractor after the physical completion of the works. The final bill
shall consist of following:
5.2.1 After final measurements are jointly prepared by contractor and Engineer in charge, it is to be
formally approved by client & then contractor shall raise the final bill.
5.2.2 Full and Final settlement and no claim certificate by contractor or by his authorised representative.
5.2.3 All royalties payable to district collector/mining department for bonafide use of sand, aggregate,
earth & moorum etc. in the works duly paid by the contractor or its supplier and documentary proof
thereof to be enclosed with final bill.
Corporate Office: UPL House, W-24, Sector-11, Noida (U. P.) – 201 301
st
Registered office: H Block, 1 Floor, Dhirubhai Ambani Knowledge city,
Thane Belapur Road, Navi Mumbai -400710. Maharashtra.
CIN U45207MH1995PLC094719
(53)
Utility Powertech Limited
(A Joint Venture of Reliance Infra. Ltd. and NTPC Ltd.)
Anta Gas Power station, Anta, Dist Baran , Rajasthan-325209
Ph. No.: 07457-246104,
Ref: No.: UPL/ANGPP/2020/NIT-385 Date: 26.11.2020
5.2.4 All statutory payments along with documentary proof enclosed like PF/ESI duly verified by HR
executive of M/s. UPL.
5.2.5 Full compliance of GST charged for UPL and deposited to GST Tax authorities duly verified by
UPL finance at site.
5.2.6 The date of submission of final bill shall be reckoned when all above is submitted to RM at UPL
office. The final bill payment shall be made within 45 days thereof.
5.3 Any recovery including amount towards taxes, if applicable by law shall be made by UPL from
running bills.
5.4 Unless exempted by the Income Tax Officer. Income Tax shall be deducted from the entire running
account bill as per Income Tax Act – 1961 and its applicable amendment.
5.5 If any rates of tax are increased or decreased, a new tax is introduced, an existing tax is abolished or
any change in interpretation or application of any tax occurs in the course of the performance of order
/Contract, which was or will be prepared on the supplier in connection with performance of the order/
Contract, an equitable adjustment shall be made to take into account the net effect of such change on
contract amount.
5.6 The contractor shall issue tax invoices / bill of supply as applicable, file appropriate returns and
deposit the applicable GST to the account of state/central government within the time limit prescribed
under the GST Law. In the event of any default, contractor shall be liable to pay the amount which may be
imposed on UPL due to such default.
5.7 After the submission of the Tax invoice and documents as listed 5.1.1 and 5.1.2 for first RA bill, 5.1.3
to 5.1.7 for second RA bill to pre-final bill, the amount payable shall be paid within the time stipulated in
para 5.1.8. For final bill after submission of Tax invoice and documents as listed 5.2.1 to 5.2.5 the amount
payable shall be paid within time stipulated in para 5.2.6.
5.8 Release of Additional Performance Guarantee:
Instrument/Amount shall be released on competition of work and from the certification by the EIC UPL
date on which that work has been completed successfully is received. APG Shall be released within 45
days of certification by EIC UPL.
5.9 Security deposit (First 50%):
50% SD shall be released after successful completion of the work on certification of EIC UPL.
50% SD shall be released within 45 days of certification by EIC UPL.
5.10 Final SD (balance 50%):
Contractor shall request release of balance and final SD after release of final bill by submitting following
documents.
(i) Proof of deposit of PF i.e. Form-23 /E- passbook
(ii) The proof of deposition of GST i.e. challan and return. Final SD Shall be released within 45 days of
submission of above documents.

bill from the date of acceptance of bill in all respect as explained above. Interest shall be payable to
MSME contractor for the delayed portion i.e. after the 22nd day on per day basis at the interest rate
notified by the appropriate authority from time to time and applicable to MSME contractors.

5.12 In case payment to MSME contractor time exceeds 45 days for Additional Performance Guarantee.
Final bill, Security Deposit from the date of acceptance of bill in all respect as explained about. Interest
shall be payable to MSME contractor for the delayed portion i.e. after the 46th day on per day basis at the
interest rate notified the appropriate authority from time to time and applicable to MSME Contractors.

5.13 Maternity Leave clause: The contractor shall at all time indemnify the company i.e. UPL against all
claims, damages or compensation under provision of The Maternity Benefits Act’ 1961. The applicable
benefits to the personnel/workmen will be reimbursed by ESIC (wherever ESI is not existing the
reimbursement of benefits by UPL) on submission documentary evidence duly verified by UPL- HR
executive.

5.14 ESI: ESI Component of wage applicable in all notified states, wherever it is not applicable but later
on during currency of the contract it is notified from retrospective date mentioned in notification shall be
reimbursable to the contractor against documentary evidence and same amount shall be payable by the
contractor and shall be reimbursed by UPL.

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Utility Powertech Limited

Uploaded by

Utility Powertech Limited

Uploaded by

Utility Powertech Limited

(A Joint Venture of Reliance Infra. Ltd. and NTPC Ltd.)

UTILITY POWERTECH LIMITED

NIT- 385 FOR E-TENDERING

FOR THE WORK OF

“BMC For CIVIL WORKS IN PLANT AT NTPC ANTA ”

E-tendering website www.tenderwizard.com/UPL

UTILITY POWERTECH LIMITED

Contact if any query:

5.0 INSTRUCTRIONS TO BIDDER / TENDER CONDITIONS

Contract Period: 24 Months

iii. No suspension certificate along with Tender Document

BIDDERS ARE REQUESTED TO CAREFULLY READ THE FOLLOWING AND COMPLY:

1. Part – I Technical Bid:

(i) On revocation / modification of tender or;

Provision of Additional Guarantee:

Award value of contracts w.r.t. cost estimate Amount of Additional Guarantee

B. Refund of Security Deposit:

76. SPECIAL CONDITIONS OF CONTRACT

84. Suspension, Pre-Mature termination of Registered Vendors:

5.1 OBSERVANCE OF LABOUR LAWS AND CONTRACTORS LIABILITY

Contract Labour Act’1970

Employee State Insurance Act’ 1948

2. Every such worker shall be allowed insurance no.

4. Check ESIC contributions with Wages register

5. Maintain register 7 for contribution

6. To maintain Accident book in form 15

8. Return of contributions in form 6

2 Contribution Period 1st April to 30 September And 1st October to 31st

3 Accident in form 16 1. In case of Death – immediately

Employee Provident Funds And M.P Act’ 1952

2. Eligibility Register-in this register the

3. Provident fund Register-This register is in

4. Provident fund Ledger-This register contains

Every contractor must submit the copy of PF

4 Returns 1. Monthly return in form 12 A, 5 & 10

Use personal protective equipments as per job requirement compulsorily:

01. Industrial Safety Helmet : For protection of Head.

UPL Policy & Procedure for Withholding and

ii) Competent Authority shall mean CEO of UPL.

4. Withholding of business dealings

c. Suspends/stops work on any unfounded pretext including seeking higher compensation.

g. Does not fulfill the obligations as required under the Contract.

i. Does not deploy required number of manpower.

j. Does not provide PPEs to its workers as per terms of contract.

k. Follows unsafe practice in execution of contract.

l. Violates terms & conditions of the contract.

s. Willfully creates unpleasant situation leading to hindrance in tendering process.

(a) For Site Packages where banning is proposed at Site

(b) For Site Packages where Region wide banning is proposed

(a) For Site Packages where Company wide banning is proposed

5.7 Area of Operation

6.0 Participation of Agency under Different Name

7.0 Further in case of banning/withholding following would also be applicable:

(ii) Participation of Agency as an approved Sub-Vendor of the Main Contractor

3. ACTIONS CONSUTITUTING FRAUD:

7. ACTION IN CASE FRAUD IS ESTABLISHED:

5.4 PREAMBLE TO BILL(S) OF QUANTITIES/SCHEDULE OF ITEM OF WORK:

(TO BE FILLED IN BY THE TENDERER, SIGNED AND SUBMITTED ALONGWITH TENDER

SIGNATURE (SIGNATURE OF TENDERER)

NAME: 1. please tick whatever is applicable and Delete/ cut whatever

NOW THIS AGREEMENT WITNESSTH AS FOLLOWS

SIGNED & DELIVERY FOR AND ON BEHALF OF M/s___________________________

At Project Site……….. in the presence of:

1.1 Notice inviting Tender : _____________________________ Dt. ___ /___ /____ .

That we authorised signatory of M/s ………………………………………………………., a sole proprietor /

Dated this ………………………. Day of ………………….2020

Signature along with seal of the Company

Name of Company (BLOCK LETTERS)

M/S UTILITY POWERTECH LIMITED

Signature along with seal of the Company

Tender Proposal Ref. _______________________________ Dated: __________

Tenderer’s Name & Address: _______________________________________________

Telex No.: ___________________

Sub : Proposal for the work of _________________________________________________________

Due for opening on _________________ against your Notice No. ______________________________

1.1 Notice inviting Tender : ___________________________ Dt. _ /_ /__ .

Tender Proposal Ref. _____________________ Dated:

Due for opening on _ against your Notice No. ______________